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HomeMy WebLinkAboutContract 41400 TIM CONY FOIL CON"VZ= SPECIFICATIONS �_coum7on soon o0 AND `-� can lacmrrm ._�. CRY SMIAGM OF11C! CONTRACT DOCUMENTS _doom 1 FOR SIDEWALK INFRASTRUCTURE PHA CDBG PROJECT CITY SECRETARY AT VARIOUS LOCATION%oNTRACT NO IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO. 01619 1 TPW PROJECT NO. GR76-539120-209380161983 2010 MIKE M ONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER 0 WILLIAM A. VERKEST, P.E., DIRECTOR Q TRANSPORTATION AND PUBLIC WORKS DEPARTMENT J PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPA PROGRAMMING DIVISION OFFICIAL RECORD � .OF OT%Y SECRETARY • � ORTB,TX i••RLAD 1.NUM..... . �i 88823 ..... . ALL J � IVI&L- tceview http://apps.ctwnet.org/council_packet/mc_review.asp?1D=14592&coun.. Official site of the Cty of Fort Worth,Texas CITY COUNCIL AGENDA FOR-l' COUNCIL ACTION: Approved on 1/412011 DATE: 1/4/2011 REFERENCE**C-24669 LOG 17CDBG- NO.: NAME: R_SIDEWALKINFRASTRUCTUREPROJECTP-1 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Expenditure of$412,750.00 in Community Development Block Grant- Recovery I Funds to New Star Grading & Paving Company for the Sidewalk Infrastructure Project PHASE II and the Execution of a Contract (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the expenditure of$412,750.00 in Community Development Block Grant- Recovery Funds to New Star Grading & Paving Company for the Sidewalk Infrastructure Project Phase II; and I2. Authorize the City Manager, or his designee, to execute a contract with New Star Grading & Paving Company, for the project to be completed in 200 days. IDISCUSSION: On October 13, 2009, City Council approved the use of$1,616,770.80 in Community Development Block Grant- Recovery (CDBG-R)funds from the United States Department of Housing and Urban Development (HUD) for sidewalk infrastructure and related administrative costs (M&C C-23837). A request for competitive sealed proposals for the sidewalk infrastructure project was advertised in the Fort Worth Star-Telegram on September 23, 2010, and September 30, 2010. On October 21, 2010, the following bids were received: Bidder Bid Amount New Star Grading & Paving Co. $412,750.00 MACVAL Associates LLC $423,550.00 Santos Construction Inc. $432,120.00 Ken-Do Contracting, LP $450,075.00 Estrada Concrete Company, LLC $457,100.00 CPS Civil LLC $486,550.00 2L Construction Inc. $499,430.00 C Green Scaping, LP $519,020.00 A selection was made based on a weighted matrix that included the following: Past experience with federally funded projects; of 2 1/]0/2011 8:44 AM M&L xeview nttp://apps.ctwnet.org/council_packeVmc_review.asp?ID=14592&coun.. Ability to meet the required creation of five or more temporary construction jobs; Ability to meet the required purchase of American made materials and supplies; Ability to meet the requirements of the Davis-Bacon Act; and Price, Minority/Women Business Enterprise (M/WBE) participation, reputation and experience. I It was determined that New Star Grading & Paving Company has experience with federally funded projects, the ability to meet HUD and City requirements and offers the best value and service for the project. The contract calls for the project to be completed in 200 days. I New Star Grading & Paving Company is in compliance with the City's M/WBE Ordinance by committing I to 22 percent M/WBE participation. The City's goal on this project is 21 percent. Sidewalks will be located in CDBG-eligible areas to benefit handicapped and low and moderate income City residents. 1 This project is available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating Ibudget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers IGR76 541600 017206377490 $412,750.00 Submitted for City Manager's Office by: Thomas Higgins (6140) Originating Department Head: Jay Chapa (6192) Additional Information Contact: Mark Folden(8634) ATTACHMENTS of2 1/10/2011 8:44 AM Cl IN OF i OR"I WORTH l R:INSPOR 1 ,/1 I ION AND P1 131.1(' \ ORKS 1)1,1),,,\R I \11 N 1 ADDENDUM No. I FOR SIDEWALK INFRASTRUCTURE PHASE II AT VARIOUS LOCATIONS CITY PROJECT No. 01619 TPW PROJECT No. GR76-539120-209380161983 The contract and documents for the subject project are hereby revised or amended to clarify the following: Pay Item No. 2 on page P-I is missing the Approx. Quantity, the quantity should be a 100. Please write the quantity in your proposal to read the following ISPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL I ITEM ITE QUANTI BID PRICES WRITTEN IN PRICE AMOUNT BID M TY WORDS IS.P. 2 100 EA. Sprinkler head adjustment @ Dollars I & No Cents Per Each Please acknowledge receipt of this addendum by inserting a signed copy of same into your proposal at the time of bidding. Failure to return a signed copy of this addendum shall be grounds for rendering the bid as non-responsive. Receipt Acknowledges: BY: t'W� - B Y• v Riad Nusrallah, P.E. Street Program Manager TABLE OF CONTENTS 1. Notice to Bidders 2. Davis—Bacon Contract Package 3. Prevailing Wage Rates 4. Special Instructions to Bidders 5. Minority and Women Business Enterprise Specifications 6. Proposal 1 7. Special Provisions t8. Item 360, Concrete Pavement(Modified Specification) 9. Vendor Compliance 10. Contractor Compliance with Worker's Compensation Law 11. Certificate of Insurance 12. Equipment Schedule 13. Experience Record 14. Performance Bond 15. Payment Bond 16. Maintenance Bond 17. Contract 18. Notice of Construction Detail 19. Project Designation Sign Detail 20. Other Details 21. Sidewalk Locations Sealed Proposals for the following: SIDEWALK INFRASTRUCTURE PHASE II CDBG PROJECT AT VARIOUS LOCATIONS CITY PROJECT No. 01619 TPW PROJECT NO. GR76-539120-209380161983 Submit package to City of Fort Worth, Purchasing Division, in the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas 76102 until 1:30 P.M.,Thursday, October 21,2010, and then publicly read aloud at 2:00 p.m., in the Council Chambers. Specifications and Contract Documents for this project will be available at the office of the Transportation and ' Public Works Department, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. These documents contain additional information for prospective bidders. A pre-bid conference will be held at 10:00 A.M. Wednesday,October 6, 2010, in the Transportation and Public Works Conference Room 289,2nd Floor,City of Fort Worth Municipal Building. The major work on the above-referenced project shall consist of the following: Paving Improvements: 1,000 L.F. Concrete curb and gutter 110,000 S.F. 4-Inch concerte sidewalk 1,000 S.F. 4-Inch ADA wheelchair ramp with detectable dome-tile Included in the above will be all other miscellaneous items of construction as outlined in the Specifications and contract documents. For additional information,please contact Riad Nusrallah, Street Program Manager at(817)392-2729. ' DALE A. FISSELER P.E. WILLIAM A. VERKEST P.E. DIRECTOR > > > CITY MANAGER TRANSPORTATION AND PUBLIC WORKS DEPARTMENT f. ::. Advertising Dates: By: September 23,2010 Riad Nusrallah,P.E. September 30,2010 Street Program Manager NOTICE TO BIDDERS �y SIDEWALK INFRASTRUCTURE PHASE II AT VARIOUS LOCATIONS DAVIS - BACON CONTRACT PACKAGE COMMUNITY DEVELOPMENT BLOCK GRANT—RECOVERY (CDBG-R) FUNDED PROJECT SERVICE AGREEMENT PREQUALIFICATION REQUIREMENT ADDITIONAL REQUIREMENTS FOR THIS SERVICE AGREEMENT: On February 17, 2009, President Barak Obama signed the American Recovery and Reinvestment Act (ARRA, or the Recovery Act). Along with others principles, the purpose of the Recovery Act is to (1) Preserve and create jobs and promote economic recovery and (2) Assist those most impacted by the recession. This Sidewalk Infrastructure Project is funded with AARA funds and as such, if awarded, Contractors will be required to provide additional documentation and reports as part of the scope of work. Proposals should provide the following information on an attached document titled, ADDITIONAL REQUIREMENTS FOR THIS AGREEMENT. 1. Explain your company's past experience with Federally-Funded projects. Please describe the scope of work; time period required to complete the work; size of the project. What was your role and were you required to produce reports? 2. Explain how your company will meet the requirements under Section 1512, and Section 1605. Proposals without the ADDITIONAL REQUIREMENTS FOR THIS AGREEMENT document will be deemed incomplete and will not be considered for this project. This Federally-funded Project is subject to the ARRA of 2009 and must meet following requirements: ' Section 1512' JOB CREATION REQUIREMENTS. SEC. 1512. REPORTS ON USE OF FUNDS. (c)RECIPIENT REPORTS.—Not later than 10 days after the end of each calendar quarter,each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains- '" (1)the total amount of recovery funds received from that agency; (2)the amount of recovery funds received that were expended or obligated to projects or activities;and (3)a detailed list of all projects or activities for which recovery funds were expended or obligated,including— (A)the name of the project or activity; wF (B)a description of the project or activity; (C)an evaluation of the completion status of the project or activity; (D)an estimate of the number of jobs created and the number of jobs retained by the project or activity;and (E)for infrastructure investments made by State and local governments,the purpose,total cost,and rationale of the agency for funding the infrastructure investment with funds made available under this Act,and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4)Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006(Public Law 109 282), s{ allowing aggregate reporting on awards below$25,000 or to individuals,as prescribed by the Director of the Office of Management and Budget. This Federally–funded project requires the reporting of newly created temporary construction jobs. This Federally-funded project requires the creation of five (5) or more temporary construction jobs. This requirement applies to general contractors and sub- contractors employees. If applicable, this Federally–funded project also requires the reporting of any construction jobs retained as a result of participating as a contractor in this Federally-funded project. Section 16052 BUY AMERICAN. The contractor(s) participating in this Federally-funded project will be required to provide documentation for the Buy American Act regarding the materials and/or supplies (produced in the United States) that were purchased for this project. Documentation in the form of receipts, affidavits, and/or notarized documents along with a memo-formatted report evidencing the purchase will need to be submitted to the Transportation & Public Works Department. Section 16063 WAGE RATE REQUIREMENTS. This Federally-funded project includes construction, renovation, or a related type of ' activity. Therefore, all laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part with assistance received under this federally funded project shall be paid wage rates at not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5); General Decision Number TX080044 is attached. Failure to comply with the requirements of Davis Bacon Act could result in a contractor or subcontractor being suspended or debarred from future participation in federally funded projects, and could be subject to criminal prosecution. The information provided in the ADDITIONAL REQUIREMENTS FOR THIS AGREEMENT document will be used for comparing bids and to determine the most experienced and/or the most capable of ensuring compliance with the above-mentioned Federal requirements tied to this project. 2 SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) None of the funds ' appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance,or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or ' agency involved finds that— (1)applying subsection (a)would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality;or (3)inclusion of iron,steel,and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c)If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a)based on a finding under subsection(b),the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d)This section shall be applied in a manner consistent with United States obligations under international agreements. 3 SEC, 1606. WAGE RATE REQUIREMENTS. Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40,United States Code. With respect to the labor standards specified in this section,the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. NOTICE TO BIDDERS-ADDITIONAL REQUIREMENTS SIDEWALK INFRASTRUCTURE PHASE II AT VARIOUS LOCATIONS COMMUNITY DEVELOPMENT BLOCK GRANT— RECOVERY (CDBG-R) FUNDED PROJECT SERVICE AGREEMENT Under the provisions of 24 CFR 85, certain provisions are required for all contracts using grant funds provided by the U.S. Department of Housing and Urban Development. In addition, these provisions are incorporated into this contract to address certain contingencies which may arise under the course of work for this contract. Contractor understands and agrees that federal agencies funding the work under this contract, in whole or in part, as well as federal regulatory agencies and the congress are permitted to require changes, remedies, changes conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. 1. Upon identification of possible breaches of contract, and prior to exercising its termination rights under this Contract, City may elect to exercise any of the following administrative remedies: a. issuance of warning letter indicating that further failure to comply with applicable requirements will result in serious sanction and giving Contractor a limited time to correct the deficiency; j b. placing conditions upon award of future grants; C. directing Contractor to stop incurring costs until the deficiency is corrected and the correction is verified; d. requiring repayment of previously reimbursed grant funds; or e. reducing the amount of pending grant awards or disallowing future awards to Contractor. ' The City's election to exercise any, all, or none of the aforementioned administrative remedies does not act as a waiver of any of City's other rights or remedies under the law or this Contract for the enforcement of this Contract or the recovery of any damages relating to Contractor's actions or inactions relating to the Program, CDBG funds, and/or this Contract. 2. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) 3. For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in 29 CFR Part 3 4. For construction contracts in excess of $2,000 awarded by Contractor when required by Federal grant program legislation, Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented in 29 CFR Part 5 5. For construction contracts awarded by Contractor in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as supplemented by 29 CFR Part 5. 6. Notice to awarding Contractor requirements and regulations pertaining to reporting. Contractor will submit to City on a weekly basis: (1) Payroll, (2) Statement of Compliance-for each payroll, as applicable, for services and activities accomplished by Contractor in performance of this Contract. Payroll and the Statement of Compliance must be signed by a duly authorized agent of the Contractor and submitted each Friday of the week following the week being reported. 7. All information and data arising from the work performed under this contract shall be the property of the City of Fort Worth and may be subject to disclosure to third parties and additionally may be subject to release to the public under the provisions of the Texas Open Records Act. Contractor shall release and provide to the city or its authorized designee all information and data related to performance of work under this contract. Contractor shall not limit or attempt to limit access to information or data by the city nor shall contractor obtain or attempt to obtain a copyright to such information or data. Contractor understands and agrees that data may be released to third parties, including but not limited to the federal Department of Housing and Urban Development at the sole discretion of the city. 8. In the event a patentable invention is created as part of this Contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall, at the sole discretion of the city, be assigned to city upon demand. The city retains all rights to intellectual property developed in the course of work of this contract. 9. In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify City of the copyright and the copyright shall, at the sole discretion of the city, be assigned to city upon demand. 10. City, HUD, and the United States Comptroller General, or their respective ' representatives, shall have access for four (4) years following the termination of this Contract to any books, documents, records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. This provision shall survive the termination or expiration of this Contract. 11. All records pertaining to Contract, including but not limited to any books, documents, and papers, shall be retained for four (4) years following the termination of this Contract. Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. This provision shall survive the termination or expiration of this Contract. 12. The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 US 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. 13. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Action (Pub. L. 94A 163, 89 Stat. 871), (53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995). NOTICE TO BIDDERS-ADDITIONAL CONTRACT PROVISIONS SIDEWALK INFRASTRUCTURE PHASE II AT VARIOUS LOCATIONS COMMUNITY DEVELOPMENT BLOCK GRANT— RECOVERY(CDBG-R) FUNDED PROJECT SERVICE AGREEMENT 1.0 SPECIAL INSTRUCTIONS TO CONTRACTORS AND SUBCONTRACTORS ON FEDERALLY FUNDED PROJECTS 1.1 If this project is assisted in whole or in part by any federal funds, the work order will be subject to the Davis-Bacon Act(DBA), Copeland Act, Contract Work Hours Safety Standards Act(CWHSSA), and Fair Labor Standards Act(FLSA). 1.2 The Davis-Bacon Act(DBA)specifies the minimum wages to be paid the various classes of laborers and mechanics employed on the project. 1.2.1 The contractor should inform his foreman and subcontractors that this project is subject to periodic employee wage interview visits by City staff and/or federal agencies, such as HUD or DOL, to insure compliance with the aforementioned regulations. These federal officers or City staffs are not to be prevented from conducting such interviews. 1.2.2 The suggested payroll form is WH-347, Payroll. HUD prior to use must approve all other payroll forms. Payrolls must be submitted to the I: Housing and Economic Development Department, Contract Management Division on a weekly basis within seven days after a Pay period end. A pay period is seven (7) consecutive days. Payrolls must be original and must be completely executed. The signature must be that of owner, partner, officer of authorized individual, and must be an original ink signature. It is suggested that blue ink be used. The certification dates must cover the seven (7)day period. "A CERTIFICATION FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES"form must be submitted. ' 1.2.3 The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this contract/work order are to be maintained during the course of work and preserved for a period of three years thereafter. 1.2.4 Liquidated damages will be assessed for failure to pay overtime. The assessment amount is$10 per day per violation. Overtime begins on this project after 40 hours per week. Additionally, wage restitution must be paid to any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the prescribed hourly rate of pay. 1.2.5 In instances, where the owner of a company performs work on the project, that owner must show himself/herself on the payroll and must show the hours worked each day and total hours for the week. All persons who perform work on the project must be shown on the payroll. The address and social security number for each employee must be included the first time that employee appears on the payroll and any time their address change. { 1.2.6 Payrolls are required for weeks in which no work is performed labeled "NO WORK PERFORMED". 1.2.7 The first payroll furnished must show"INITIAL" in the payroll number block. Likewise, the last payroll must show"FINAL". Subsequent payrolls following the initial payroll must be numbered sequentially beginning with number 2, including payrolls labeled "NO WORK PERFORMED". 1.2.8 Deduction authorizations, signed by employees, must be provided for any deduction with the exceptions of FICA and federal tax. 1.2.9 Apprentices may be employed on the project; however, the Bureau of Apprenticeship &Training must certify them and the allowable ratio of apprentices to journeyman must not be exceeded. 1.2.10 Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage decision. The decision, which is applicable to this project, is TX100044. The wage decision must be posted at the construction site along with required posters for the duration of construction activity. Any classification needed which does not appear on the wage decision, must be requested and approved by the U.S. Department of Labor prior to the use of that classification on the project. SEE ATTACHMENT A 1.2.11 If the work classification(s) that you need does not appear on the wage decision, you will need to request an additional classification and wage rate. You are required to identify the classification you need and recommend a wage rate for DOL to approve for the project. For primary contractors this request can be submitted directly to DBA payroll monitor. For subcontractor, the request should be submitted directly to the primary contractor. 1.2.12 Any person who is employed on a piecework basis must be shown on the payroll. The hours worked each day and total hours for the week must be shown. The hourly rate of the piece worker must equal or exceed the prescribed hourly rate for the particular work classification. 1.2.13 Dual work classifications within the same payroll period are acceptable ' provided that a signed verification of the dual work classification is furnished from the employee. When dual work classifications are used submit the form "EMPLOYEES STATEMENT OF WORK VERIFICATION". 1.2.14 Unless otherwise specified by the applicable wage decision, the classification of"helper" is unacceptable. Employees must be classified and paid based on the work they perform, e.g., if a person performs the duties of or uses the tools of a plumber, that person must be classified as a plumber, not as a plumber's helper(the plumber classification is used there as an example only). . 1.2.15 The general contractor will be required to certify that all laborers and mechanics employed on the project/work order(including those employed by subcontractors) have been paid hourly rates as prescribed by the applicable laws. 1.2.16 Work service requested under this project will have a wage decision provide per work service request. The date of the work service or the work order will"lock-in" the wage decision for that work service request. 1.2.17 Failure to comply will result in withholding full or partial payment. 1.2.18 Any questions concerning labor requirements should be directed to the contact(s) below. Questions regarding DBA requirements should be directed through the general contractor who is ultimately responsible for the fulfillment of these obligations. 1.2.19 Wage decisions may be provided by the Compliance Division in the Housing and Economic Development Department through sherry Johnson, Contract Compliance specialist at 817-392-7333; or James Rodriguez, Contract Compliance Specialist at 817-392-7337. 1.3 The Copeland Act prohibits kickbacks being paid by the employee to the employer and requires the weekly submission of payrolls. 1.4 Contract Work Hours Safety Standards Act(CWHSSA) sets a uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in excess of 40-hours per week. 1.5 The Fair Labor Standards Act(FLSA) sets out the requirements for payment of minimum wages, overtime pay, child labor standards and prohibit wage discrimination on the basis of sex. 1.6 FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS AND/OR WITHHOLDING OF INSURED ADVANCES. 2.0 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROVISIONS 2.1 If this project is assisted in whole or in part by any federal funds, the work order will be subject to a Disadvantaged Business Enterprises (DBE) goal. 2.2 All proposers shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of DBE in the procurement of services with fees of $25,000 or more by establishing a (DBE)goal. 2.3 The DBE goal on this project is / %. 2.4 The information shall be submitted with the proposal and shall include: (1)the name, address and telephone number of each DBE; (2)the description of the work to be performed by each DBE and (3)the approximate dollar amount/percentage of the participation. ' 2.5 If the DBE firm(s) located within the State of Texas is located in the north region it must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA). If the firm is DBE certified by another agency of the Texas Uniformed Certification Program (TUCP), it must seek M/WBE certification by the NCTRCA. Those firms.outside of the State must be certified by the NCTRCA as well. All DBE's must have certification status with the (NCTRCA) in order to be counted towards the DBE goal on federally funded projects prior to recommendation for award being made to the City Council. 2.6 If a proposer fails to meet the stated DBE goal, in part or in whole, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure DBE participation. 2.7 Failure to submit the DBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated DBE goal may render the proposal non-responsive. The DBE utilization will be part of final weighted selection criteria. 3.0 OTHER REQUIREMENTS 3.1 If this project is assisted in whole or in part by any federal funds, any work orders will be subject to the following applicable federal laws: 3.1.1 Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations") 3.1.2 Title I of the Housing and Community Development Act of 1974 as amended (42 USC 5301 et seq.) 3.1.3 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24 3.1.4 Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) 3.1.5 Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.) 3.1.6 Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 3.1.7 The Age Discrimination in Employment Act of 1967 (29 USC 62 1) 3.1.8 The Age Discrimination Act of 1975 (42 USC 6101 et seq.) 3.1.9 Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable 3.1.10 The Americans with Disabilities Act of 1990 (42 USC 12101) ' 3.1.11 National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 ' 3.1.12 The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.)and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. 3.1.13 The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees 3.1.14 Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F 3.1.15 Regulations as 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons 3.1.16 Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. 3.2 Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u et seq.) and its related regulations at 24 CFR Part 135 3.2.1 If the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause") Such covered contracts or activities include CDBG-funded construction, reconstruction, conversion or rehabilitation of housing as set forth at 24 CFR 135.5. A. The work to be performed under this contract/work order is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract/work order agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. r F. Noncompliance with HUD's regulations in 24 CFR Part 135 may i result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b)." 3.2.2 City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. 4.0 OTHER LAWS THAT MAY APPLY 4.1 Contractor covenants and agrees that its officers, members, agents, employees, ' Program participants and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as t amended, and the CDBG Regulations, as amended, (24 CFR Part 570 et seq.). Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG. 5.0 NON DISCRIMINATION 5.1 Contractor will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Contractor permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. 5.2 Contractor covenants that neither it nor any of its officers, members, agents, employees, Program participants or subcontractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. 5.3 Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, Program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 5.4 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 5.5 This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17,Article III, Division 3"Discrimination in Employment Practices", of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or Program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. rage i of General Decision Number: TX100044 05/07/2010 TX44 Superseded General Decision Number: TX20080044 State: Texas Construction Type: Heavy Counties: Johnson, Parker and Tarrant Counties in Texas. Heavy Construction Projects (Including Water and Sewer Lines) Modification Number Publication Date 0 03/12/2010 1 05/07/2010 * PLUM0146-002 05/01/2010 Rates Fringes PLUMBER/PIPEFITTER. . . . . . . . . . . . . . .$ 26.06 6.81 -- - --------------------------------------- SUTX1990-041 06/01/1990 �1 Rates Fringes '! CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 10.40 $3.64 Concrete Finisher. . . . . . . . . . . . . . . .$ 9.81 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 13.26 ■ Form Setter. . . . . . . . . . . . . . . . . . . . . .$ 7.86 ® Laborers: Common. . . . . . . . . . . . . . . . . . . . . .$ 7.25 Utility. . . . . . . . . . . . . . . . . . . . .$ 8.09 PAINTER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 10.89 Pipelayer. . . . . . . . . . . . . . . . . . . . . . . .$ 8.43 Power equipment operators: Backhoe. . . . . . . . . . . . . . . . . . . . .$ 11.89 3.30 Bulldozer. .$ 10.76 Crane. . . . . . . . . . . . . . . . . . . . . . .$ 13. 16 3.30 Front End Loader. . . . . . . . . . . .$ 10.54 Mechanic. . . . . . . . . . . . . . . . . . . .$ 10.93 Scraper. .$ 10.00 Reinforcing Steel Setter. . . . . . . . .$ 10.64 TRUCK DRIVER. . . . . . . . . . . . . . . . . . . . .$ 7.34 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- h4://www.wdol.gov/wdol/scafiles/davisbaconJTX44.dvb 9/13/2010 rage z of a Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . da ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an http://www.wdol.gov/wdol/scafiles/davisbacon/TX44.dvb 9/13/2010 rusc J U1 interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. ----------------- -- -- r_ END OF GENERAL DECISION 4� http://www.wdol.gov/wdol/scafiles/davisbaconfrX44.dvb 9/13/2010 SPECIAL INSTRUCTIONS TO BIDDERS 1 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of j Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid l submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as J hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Transportation and Public Works Department at (817) 392- 2729. Bids that do not acknowledge all applicable addenda will be rejected as non- responsive. SPECIAL INSTRUCTIONS TO BIDDERS - 1 - 1 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME ' CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM I S ("Documentation") is received by the City. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the j adequacy of the proof required herein. J No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to SPECIAL INSTRUCTIONS TO BIDDERS -2- I the contractor to that effect and the contractor shall immediately provide a new surety J satisfactory to the City I 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices. -� 8 WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: Compliance with and Enforcement of Prevailing Wage Laws A. Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. .`� B. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated In these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or J subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and SPECIAL INSTRUCTIONS TO BIDDERS -3 - wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. ' An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. F. Pay Estimates. With each partial payment es tim ate or payroll period, whichever Is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. H. Subcontractor Compliance. ' The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a)through (g) above. I. (Wage rates are attached following the end this section.) 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Director of Transportation and Public Works Department for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be SPECIAL INSTRUCTIONS TO BIDDERS -4- l prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. I 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non- ; owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special 1 Instructions to Bidders - Item 16. _f ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms 1 or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. 1 H. Workers' compensation insurance policy(s) covering employees employed on the 1 project shall be endorsed with a waiver of subrogation providing rights of 1 SPECIAL MSTRUCTIONS TO BIDDERS -5- J l recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. P 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- I{ resident's principal place of business is located. -� "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal 1 funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in r order for its bid to meet specifications. The failure of a non-resident contractor to do so J will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women 1 business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. J SPECIAL INSTRUCTIONS TO BIDDERS -6- The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Transportation and Public Works Department ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now I known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: `I • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "0" or "no participation" in the spaces provided, and provide a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE t subcontractors and suppliers only. The M/WBE Office will accept the following as J proof of payment: J1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. SPECIAL INSTRUCTIONS TO BIDDERS -7- l i • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 1 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor - City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) p on the contract and payment therefore. Contractor further agrees to permit an audit and/or 1 examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND l WARRANTY: f a. The contractor will receive full payment (less 5% retainage) from the city for each pay period. SPECIAL INSTRUCTIONS TO BIDDERS -8- -1 l b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. 1 e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment 1 becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through October 31, with 6:00 a.m. - 10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. -� The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized -� equipment is less than 1-hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD) diesel emulsions or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated AIR POLLUTION WATCH DAY, that day will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: 1 SPECIAL INSTRUCTIONS TO BIDDERS -9- A. Definitions: i Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. 1 Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. I Persons providing services on the project ("subcontractor" in. 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. -T E. The contractor shall obtain from each person providing services on a project, and J provide to the City: T (1) a certificate of coverage, prior to that person beginning work on the project, so Jthe City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. J SPECIAL INSTRUCTIONS TO BIDDERS - 10- E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1 I. The contractor shall contractually require each person with whom it contracts to 1 provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and J SPECIAL INSTRUCTIONS TO BIDDERS - 11 - (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a Self- } insured, with the commission's Division of Self-Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE J "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. f This includes persons providing, hauling, or delivering equipment or materials, or Jproviding labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer T has provided the required coverage, or to report an employer's failure to provide Jcoverage." 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate J SPECIAL INSTRUCTIONS TO BIDDERS - 12- _l against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan I or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify j and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION J SPECIAL INSTRUCTIONS TO BIDDERS - 13- ATTACHMENT 16 FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAM/E: k applicable block to describe V f W ta'q /�6I 1 I �' �VViV rime P 71duflk CT NAME: M/W/DBE NON-MM//DBE BID DATE I�����.S��t��� �,�,� I >>�SQ City's M/WBE Project Goal: PROJECT NUMBER C4 IIf both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. IFailure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m.,five(5)City business days after bid opening, exclusive of the bid opening date,will result in the Ibid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES IIf yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. NO IWill you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/ BE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three(3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one(1)year. I r] L TlfYt;? Authorized Signature Printed Signature Ow NY- Title (if n 3+v Contact Name(i different).1L I C U U- '7 Company Na Pahone Number Fax umber ((M onmu Address Email Address , L)" CA M 'Pot City/State/Zip ' Date Rev.5/30/03 iATTACHMENT 1A Page 1 of 4 IFORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPA Y NAME: Ch k applicable block to describe prime ,�f� ��G(,tlrV1 I PRO.ECT NAME: M/W/DBE NON-MNV/DBE S&WOiV I 'Ph au I BID TE I City's M/WBE Project Goal: Prime's MAN E Project Utilization: Prl CT NU BER � , 6I (p( Cl Identi fy all subcontractors/suppliers you will use on this project — Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE) is synonymous with MinorityMomen Business Enterprise (M/WBE). i If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MMIBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-MMIBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 ATTACHMENT 1A FORT WORTH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status, i e , Minority, Women and non-M/WBEs Please list M/WBE firms first, use additional sheets if necessary. ICertification N (check one) SUBCONTRACTOR/SUPPLIER T n I Company Name ; N T Detail Detail Address M W C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D W R O B E E I C T E A 432 VyOwbr 56,E E�l�ewc I I �han� X72 Z21464ty a"7 Z 214 4100 I u,rT (a55 (tic - cz 75-12A S- K hj m c5 n �l l ao�i f Lew �,vi I� ; —�k 15-b V7 Vhant 1172 -311P--7ZCG �YuCIU n 301 .��blln trl ) 0 0 b M�5�1 ur tC X 7s I�� �Y�Or 72- ZK ►31 s Rev.5/30/03 iATTACHMENT 1A FORT WORTH Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status, i e . Minority, Women and non-M/WBEs Please list M/WBE firms first, use additional sheets if necessary ICertification N (check one) o SUBCONTRACTOWSUPPLIER T n I Company Name ; N T Detail Detail Address M W C x M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D wy R O E E B C T E A Rev.5/30/03 i ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 1�'7 ; C!D U -� I TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS I I The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor I shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature ,kj ri Y- Title Contact Name/Tile(if different) NEW �w I Company Name Telephone and/or Fax Add s E-mail Address ' K,� (V'S own City/State/Zip Date Rev.5/30/03 P R O P O S A L TO: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH, TEXAS 76102 FOR: SIDEWALK NFRASTRUCTURE PHASE II CDBG PROJECT AT VARIOUS LOCATIONS Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Transportation and Public Works Department of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (t) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item i bid prices. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance, Payment and Maintenance Bonds acceptable to and approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ' ITEM ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 2 EA. Project designation sign @ Two Hundred Dollars & No Cents Per Each $200.00 $400.00 Yo S.P. 2 /07 EA. Sprinkler head adjustment @ l we r rh 1--�i dP Dollars &No Cents Per Each U U0 P-1 Ik SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID 104 3 300 S.F. Remove existing pavement and concrete S.P. flat work @ Dollars& QU (_ Cents Per S.F. $��— S S.P. 4 30 L.F. Remove and replace drain line& gutter 44' � Dollars& t:s-► - v 0 Cents Per L.F. $ I✓ $ 1 502 5 1,000 L.F. Install standard concrete curb& gutter @ i 111 I tyj_4 Dollars& &0 Cents Per L.F. $� $ 504 6 1,000 S.F. Install standard 4-inch ADA concrete S.P. wheelchair ramp(with 24-inch x 48-inch detectable warning Dome-Tile surface)@ Dollars& l�{(� Cents Per S.F. $ 0 $ CW 504 7 100,000 S.F. Install standard 4-inch concrete sidewalk S.P. @ Y Dollars& �() � Cents Per S.F. $ $ i ac ' 504 8 100 S.F. Install standard 6-inch concrete sidewalk S.P. at driveway approach @ �OLLy Dollars& o Cents Per S.F. $ 4 $ 504 9 1,000 S.F. Install 6-inch concrete driveway approach S.P. @ Dollars& Cents Per S.F. $ `t, $ 504 10 10 C.Y. Install variable height of 8-inch concrete 518 retaining wall with sidewalk @ S.P. d",dl,Y e� Dollars& hjo Cents Per C.Y. $ �2W $ OO P-2 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID 434 11 20 L.F. Install 42-inch hand rail with prime coat S.P. and aluminum oil paint @ f Dollars& Cents Per C.Y. 516 12 10 C.Y. Construct concrete standard steps @ S.P. tWW Dollars& IL{ Cents Per C.Y. S.P. 13 30 S.F Install diamond patterns steel plate walkway 1,@ & N Dollars U V L� X00 Cents Per S.F. $,� $ 116 14 20 C.Y. Top soil @ S.P. y- V I Dollars& Aid Cents Per C.Y. $ 3 $ . 118 15 10 EA. Remove and relocate shrubs @ S.P. Dollars& � ` Cents Per S.Y. $ $ �'V ' 106 16 50 C.Y. Unclassified Street Excavation @ S.P. Dollars& i of Q Cents Per C.Y. $ CJ $ 1 oou 118 17 2,500 S.Y. Grass Sod Replacement @ S.P. C I Dollars& A/u Cents Per S.Y. $ $ S.P. 18 10 Ea. Painting curb house addresses @ Dollars& ,n\ Cents Per Ea. P-3 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID TOTAL BID $+ � rT- 1 t P-4 7 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes: All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29) , prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within Two Hundred (200) Calendar Days from and after the date for commencing work as set forth in the written work order to be issued by the Owner, and to pay not less than the enclosed Prevailing Wage Rates. Within Ten (10) Calendar Days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. The Contractor shall mobilize within ten (10) calendar days of the notice given by the Construction Engineer for any of the locations. If the contractor fails to begin the work within ten (10) calendar days, a $200 dollars liquidated damage will be assessed per Block per day. ' I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: ' Respectfully submitted, Addendum No. 1 (Initials) Addendum No. 2 (Initials) Compan Name Addendum No. 3 (Initials) 'VY � By: ( Signature (Seal) Printed Name of P ncipal Address: cc l Gl I �1—7 ( I Date: . �V� E-mail Address: ) Z s+ Y ( (�1% (�� C( Telephone: P-5 t VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non- resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Non-resident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. L_1 U Bidder: Ne)VARY 4� eZ Company By: (Please print) S �� WV c �? Address Signature 0R)PIK ,,City State Zip Title (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION SPECIAL PROVISIONS FOR: SIDEWALK INFRASTRUCTURE PHASE II CDBG PROJECT AT VARIOUS LOCATIONS CITY PROEJCT NO. 01619 TPW PROJECT NO.GR76-539120-209380161983 1. SCOPE OF WORK: The work covered by these details and specifications consists of the removal of existing concrete flat work (sidewalk, driveways, curb and gutter and wheelchair ramps), removal of reinforce concrete pavement, asphalt pavement, shrubs,fence, and any other existing structures that maybe necessary to be removed to construct new sidewalk, wheelchair ramps, curb and gutter, and driveways. These items are described in the Special Provisions of these specifications. The work also consists of all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. The Contractor shall mobilize within ten(10)working days of the notice given by the Construction Engineer for any locations. If the contractor fails to begin the work within ten (10) working days, a $200 dollars liquidated damage will be assessed per block per day. It shall be the responsibility of the prospective bidder to visit the project sites and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. For sidewalk locations, see list at the back of this document. At the sole discretion of the City, the City reserves the right to add, delete or substitute sidewalk/wheelchair ramps locations in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% SP-1 of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Total quantities given in the bid proposal may not reflect actual quantities, but represent the best estimate based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. 2. AWARD OF CONTRACT: Contract will be awarded to the lowest responsible bidder. ' 3. SUBMITTALS FOR CONTRACT AWARD: The City reserves the right to require the contractor who is the apparent low bidder(s)for a project to submit such information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the information, if requested, may be grounds for rejecting the apparent low bidder as non- responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 4. CONTRACT TIME: The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Street and Storm Drain Construction of the City of Fort Worth,Texas. The contract time will be counted from the date set at the pre-construction conference and will continue until a time the inspector determines the project is ready for a final inspection. At that time a final inspection will be scheduled. If in the opinion of the inspector the project has not been made ready, the final inspection will be cancelled and time will continue to be counted. A five working day period is required for the rescheduling of a final inspection. SP-2 The Contractor also agrees to complete the final punch list within ten (10) working days after receiving it. If the Contractor fails to complete the work within ten (10) working days, the counting of the number of days to complete the Contract will resume and liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6,of the "General Provisions"of the Standard Specification for Street and Storm Drain Construction of the City of Fort Worth,Texas. 5. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order),the following proactive measures will be taken: A. A letter will be mailed to the contractor by certified mail; return receipt requested, demanding that within ten (10) days from the date that the letter is received, to provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contracted time. B. The Construction Engineer and the Director of the Transportation and Public Works Department will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. C. Any notice that, in the City's sole discretion, is required to be provided to interested individuals will be distributed by the Construction Engineer. D. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Construction Engineer will, if necessary, then forward updated notices to the interested individuals. SP-3 µ. E. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract; the bonding company will be notified appropriately. 6. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the Contractor,any part of the project,or the entire project, at any time before the Contractor begins any construction work authorized by the City. 7. CONSTRUCTION SPECIFICATIONS: This contract and projects are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION-CITY OF FORT WORTH and STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH CENTRAL TEXAS. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. A copy of these specifications will be available at the Office of the Transportation and Public Works Department, 1000 Throckmorton Street, 2nd floor of the Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item in the Proposal. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 8. CONTRACT DOCUMENTS: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 9. MAINTENANCE STATEMENT: SP-4 The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. See Special Instructions to Bidders Item No. 14 for further requirements. 10. TRAFFIC CONTROL: The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer 2817-392-8712 at least 10 working days prior to the preconstruction conference. Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 817-392-7738), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The e Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic upon the approval of the City Engineer. at SP-5 Work shall not be performed on certain locations/streets (primarily arterials) during "peak traffic periods (7 a.m. to 9 a.m. and to 4 p.m. to 6 p.m.)'; or, as determined by the City Traffic Engineer and in accordance with the applicable provision of the"City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." See "Street By Street Quantity Determination Spread Sheet", in the back of this document,for designated locations. The contractor will be responsible for coordination, of proposed construction activities, with public or private school administration. The proposed construction activities shall accommodate school operating schedules, including school bus/parent drop off and pick up periods. The contractor shall provide proper traffic and pedestrian control to ensure safety at all times. Construction areas shall be properly barricaded/fenced to prevent public entry. 11. PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: three (3) working days Prior to beginning construction on any location in this contract, the contractor shall, prepare and deliver a notice/flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The flyer shall be prepared on the Contractor's letterhead and shall include the following: o Project name/Contract name o Project number o Expected dates of construction o Contractors and project inspector's contact information A sample notice/flyer is included in the contract documents. The Electronic version of the notice/flyer can be obtained from the Office of the Transportation and Public Works Department (817)392-2729 It will be the contractors responsibility to create and distribute a follow-up notice/flyer informing residents if for any reason work should stop on a project for more than five(5)working days after construction begins. The flyer should also include the anticipated date of when the work will begin again. It will be the contractor's responsibility to re-distribute a three (3) working day notification/flyer prior to beginning the construction activity. In addition, all copies of the notice/flyer shall be delivered to the City inspector for his review prior to distribution. The contractor will not be allowed to begin construction on any location until the flyer is delivered to all residents. SP-6 All work involved with the notice/flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 12. PAYMENT: Payment will be made to the contractor twice a month for work completed during the pay periods ending on the 15th and the 30`h day of each month. Checks (less 5% retainage) will be sent to the contractor within the two(2)week window following each payment period. Payment of the retainage will be made with the final payment upon acceptance of the project. See Special Instructions to Bidders Item No. 14 for further requirements. 13. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. r 14. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer,by providing barricades. 3 SP-7 Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524,and/or as shown on the plans. Construction signage and barricades shall conform to the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol.No. I". 15. DISPOSAL OF SPOIIJFELL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Transportation and Public Works Department, acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056) and a flood plain permit issued. All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of the Transportation and public Works Department, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. No temporary storage of material, rubble, equipment or vehicles within parkway is allowed. Damage to sodded/landscaped areas shall be replaced at Contractor's expense to the satisfaction of City Engineer. 16. ZONING REOURZEMENTS: During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 17. PROPERTY ACCESS: SP-8 1 Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 18. CONSTRUCTION SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, special coordination with schools (see Item No. 10 Traffic Control for details), including project clean up, and allow the contractor to complete the work in the allotted time. Contractor will not move onto the job site nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Contract start date would be outlined in the pre- construction work order notice. Proiect schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 19. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches, painted yellow with black letters, that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels,drilling rigs, pile drivers,hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING --UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hood connections. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given to the power company(TXU Electric Delivery)which will erect temporary mechanical barriers, de-energize the line, or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department SP-9 shall maintain an accurate log of all such calls to TXU Electric Delivery and shall record action taken in each case. (4) The Contractor is required to make arrangements with TXU Electric Delivery for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph(3). 20. RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract is made by City, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with Article VI. City shall give the subcontractor reasonable advance notice of intended audits. Contractor and subcontractor agree to photocopy such documents as may be requested by City. City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as contained in the Texas Administrative Code at the time payment is made. 21. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, SP-10 x personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of the City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of the City, its officers, servants or employees. In the event the City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to the City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides the City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes ' necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term"or equal", or"or approved equal" is used, it is understood that if a ' material, product, or piece of equipment bearing the name so used is furnished, it will be approved, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to "substitutions" shall be applicable to all sections of these specifications. r SP-11 F4 r 23. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor, at his own expense. 24. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 25. MATERIAL STORAGE: iMaterial shall not be stored on private property unless the Contractor has obtained written permission from the property Owner. A copy of the written permit shall be provided to the assigned inspector prior to utilization of the property. 26. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. And it shall be the contractor's responsibility to call DIG- TESS prior to construction activities on any street. ' 27. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations ' and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". 28. CONSTRUCTION The City of Fort Worth maintains a "CONFINED SPACE ENTRY PROGRAM" for its employees and all contractors and their sub-contractors must comply with this program as a condition of the contract. All active sewer manholes, regardless of depth, are defined, as "permit required confined spaces". Contractors will be required to complete the "CONFINED SPACE ENTRY PERMIT" used by the Fort Worth Water Department(Field Operations Division) for each entry and possess and use SP-12 the equipment necessa rY to comply with this program. The cost of complying with this program will be considered subsidiary to the pay items involving work in confined spaces (e.g. vacuum testing, cleaning,televising,construction,etc.). 29. QUALITY CONTROL TESTING: (a) The contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphalt and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be ® used along with the name of the pit from which the material was taken. The contractor shall ■ provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than twenty four(24) hours notice shall be provided to the City by the contractor for operations requiring testing. The contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. NON-PAY ITEM No. 1 - SPRINKLING FOR DUST CONTROL: 3 SP-13 I All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM No. 2—LOCATION AND EXPOSURE OF UTILITIES: It shall be the contractor's responsibility to notify the utility companies and call DIG TESS at least two (2) working days prior to any construction activities. The following are utility contact persons: Company Telephone Number Contact Person SBC— Telephone 817-338-6202 Mr. Gary Tillory 214-384-3732 Cell TXU Electric Delivery: Downtown 817-215-6424 Mr. Scott King Other than Downtown 817-215-6688 Mr. Robert Martinex Atmos Energy (Gas) 817-215-4366 Mr. John Crane 469-261-2314 Cell 33 CFW-Street Light 817-392-7738 Mr. James Turner CFW—Light Signal 817-392-8775 Mr. Ken Brock 817-360-6364 cell CFW—Pavement Marking 817-392-8107 Mr. Chuck Snyder CFW-Storm Drain 817-392-5196 Mr. Rodney Smithey CFW- Water 817-212-2699 Mr. Roger Hauser 817-925-2360 Cell 817-212-2699 CFW-Sewer Mr. Rick Davis 817-944-8399 Cell SP-14 NON-PAY ITEM NO. 3 - PROTECTION OF TREES PLANTS SOIL ETC.: All property along and adjacent to the Contractor's operations including lawns, yards, irrigation systems, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Urban Forestry Office at (817) 392-7933. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON-PAY ITEM NO. 4—PROJECT CLEAN-UP: FM During the construction of this project, all parkways that are excavated shall be shaped, including bar ditches, and backfilled at the same time the roadway is excavated. Excess excavation will be tdisposed of at locations approved by the Engineer. The Contractor shall be aware that keeping the project site in a neat and orderly condition is ' considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner 0 Keeping trash of any kind off of the roadway and residents' property If it has been determined that the worksite has not been kept in an orderly condition, the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. SP-15 The Contractor shall make a final cleanup f each street as soon as the paving and curb and utter P p g g has been constructed. No more than five (5) working days shall elapse after completion of construction before the roadway and right-of-way is cleaned and restored. Failure to do so will be cause to stop the contractor from starting work on other streets. Project time will not be suspended, and a $200 charge per day will be made as liquidation damages. The Contractor shall make a final cleanup of all worksites before acceptance of the project is made. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. NON-PAY ITEM NO.5—STORM DRAIN INLET PROTECTION: It shall be the contractor's responsibility to protect all storm drainage inlets adjacent to the worksite in accordance with the Standard Specifications for Public Works Construction-North Central Texas. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. NON-PAY ITEM NO. 6—AGREEMENT OF QUANTITIES The work will be measured and all quantities per location will be documented, a copy of the measured quantities will be provided to the contractor. If the Contractor in agreement of the measured quantities, then the Contractor is required to sign it and return it with in five (5) working days. If the Contractor is not in agreement, then the Contractor is required to,within five (5)working days, arrange a field trip with the assigned inspector to show proof of the difference. PAY ITEM NO. 1 —Proiect designation sign: The contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. SP-16 1 It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of '/4 inch fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The pre bid unit price per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO.2—Sprinkler heads adjustments: This item shall include the adjustment and/or relocation of existing sprinkler heads as determined by the Engineer. No payment will be made for sprinkler heads adjustments or relocation except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or relocating otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. Contractor shall immediately cap the broken sprinkler system lines, and must notify the inspector prior to replacements. 1 The unit price bid er each shall be full compensation f P p n or all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM NO.3—Remove existing pavement and concrete flat work: This item shall include the removal of existing concrete pavement, asphalt pavement, and concrete flat work (sidewalk, wheelchair ramps, driveways, and curb and gutter) that is necessary to be removed to install concrete sidewalk and wheelchair ramp as designated by the Construction Engineer with same day haul-off of the removed material to a suitable dumpsite. Contractor shall saw-cut all removed flat work,and/or pavement prior to removal. SP-17 For specifications governing this item, see City Standard Specifications, Item N o. 104 "Removing Old Concrete" The unit price bid per square foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM NO. 4—Remove and replace drain line: This item shall include the adjustment and/or relocation of existing drain line as determined by the Engineer.No payment will be made for drain line adjustments or relocation except those adjustments determined necessary by the Engineer. Should the Contractor damage drain lines due to his negligence, where such lines would not have required adjustment or relocating otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. Included, and figured subsidiary to this unit price, will be the required excavation, as per specification Item No. 106 "Unclassified Street Excavation", into the sidewalk to aid in the construction of the curb and gutter. The unit price bid per square foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM NO.5—Install standard concrete curb& utter: This item shall include the construction of new standard concrete curb and gutter with same day haul-off of the removed material to a suitable dumpsite. For specifications governing this item, see City Standard Specifications item No. 502 "Concrete Curb and Gutter", and Drawing Nos. S-S2 through S-S513. Pay limits for laydown curb and gutter are as shown in Drawing No. S-S5 of the Standard Specifications. Contractor shall sawcut the curb and gutter and/or pavement prior to removal. The concrete shall be designed to achieve a minimum compressive strength of 3,000 pounds per square inch in seven(7)calendar days. Included, and figured subsidiary to this unit price, will be the required sawcut excavation, as per specification Item No. 106 "Unclassified Street Excavation", into the street pavement to aid in the construction of the curb and gutter. The pay limit will be 9-inch out from the gutter lip. The street SP-18 void shall be filled with H.M.A.C. Type "D" mix PG 64-22 in yp ( ) accordance with all applicable provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges"Item Nos. 300 "Asphalts, Oils, and Emulsions", 310 'Prime Coat" (referenced), and 340 "Dense-Graded Hot-Mix Asphalt (Method)" (referenced) and compacted to standard densities. Contractor shall backfill behind the curb within seven (7) calendar days of pouring the curb and gutter, if the contractor fails to complete the work within seven (7) calendar days, a $100 dollar liquidated damage will be assessed per block per day. Required backfilling shall be at finishing grade and shall be completed in order for the curb and gutter to be accepted and measured as completed; cost of back filling, top soil, and grading shall be included in this pay item. Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged during construction, shall be replaced with same or better at no cost to the City. tThe unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY-ITEM NO. 6 —Install standard 4-inch ADA concrete wheelchair ramp: (with 24"x 48" detectable warning Dome-Tile surface): This item shall include the construction of Standard 4-inch ADA wheelchair ramp that includes a detectable warning Dome-Tile surface at various locations. ' For specifications governing this item, see enclosed sidewalk details, and City Standard Specifications Item No. 104 'Removing Old Concrete", and Item 504 "Concrete Sidewalk ' Driveways", except as herein modified. All concrete shall be designed to achieve a minimum compressive strength of 3,000 pounds per square inch in seven (7) calendar days. Pay limits for "Standard Wheelchair Ramp" will start from the back of curb and encompass the remainder of the ramp and sidewalk. Contractor shall furnish and install brick red color pre-cast detectable warning Dome-Tile, manufactured by StrongGo Industries or approved equal by the construction Engineer. Detectable warning surface shall be a minimum of 24-inch in depth in the direction of pedestrian travel, and extend to a minimum of 48-inch along the curb ramp or landing where the pedestrian access route enters the street, and shall be located so that the edge nearest the curb line is a minimum of 6-inch SP-19 and a maximum of 8-inch from the extension of the face of curb. Detectable warning Dome-Tile surface maybe curved along the corner radius. The method of Dome-Tile installation shall be in accordance with the manufactures instruction. Cost of detectable warning Dome-Tile and installation, shall be included in this pay item. Contractor shall provide a brick red colored Dome-Tile sample for approval by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. Included, and figured subsidiary to this unit price, will be the required sawcut excavation, as per specification Item No. 106 "Unclassified Street Excavation", into the street to aid in the construction of the wheelchair ramp. The pay limit will be 9-inch out from the gutter lip. The street void shall be filled with H.M.A.C. Type "D" mix (PG 64-22) in accordance with all applicable provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item Nos. 300 "Asphalts, Oils, and Emulsions", 310 "Prime Coat" (referenced), and 340 "Dense-Graded Hot-Mix Asphalt(Method)"(referenced)and compacted to standard densities. The Contractor shall backfill behind the wheelchair ramps within seven (7) calendar days of pouring the wheelchair ramp, if the contractor fails to complete the work within seven (7) calendar days, a$100 dollar liquidated damage will be assessed per block per day. Required backfilling shall be at finishing grade, cost of back filling and grading behind curb shall be included in this pay item. Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged during construction, shall be replaced with same or better at no cost to the City. Required backfilling at finishing grade behind the ramp shall be completed in order for the wheelchair ramp to be accepted and measured as completed. The unit price bid per square feet, as shown on the proposal, will be full compensation for materials, labor,equipment,tools and incidentals necessary to complete the work. PAY-ITEM NO. 7—Install standard 4-inch concrete sidewalk: PAY-ITEM NO.8—Install standard 6-inch concrete sidewalk at drivewav approach: These pay items shall include the construction of new standard concrete sidewalk, as designated by the Construction Engineer. SP-20 For specifications governing this item, see City Standard Specification Item No. 504 "Concrete Sidewalk and Driveways". All concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven(7)days. Included, and figured subsidiary to this unit price, will be the required excavation, as per specification Item No. 106"Unclassified Excavation"to aid in the construction of the sidewalk.Also Subsidiary to this pay item, Contractor shall adjust the top of existing manholes, water valve boxes, and water meter boxes as needed to match proposed grade. Contractor shall backfill around the sidewalk within seven (7) calendar days of pouring the sidewalk, if the contractor fails to complete the work within seven (7) calendar days, a $100 dollar liquidated damage will be assessed per block per day. Required backfilling shall be at finishing grade and shall be completed in order for the sidewalk to be accepted and measured as completed, cost of back filling, and grading shall be included in these pay items Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged during construction, shall be replaced with same or better at no cost to the City. The unit price bid per square feet shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the replacement work. ' PAY-ITEM No. 9—Install 6-inch concrete driveway approach: This pay item shall include the construction of standard concrete driveways, as designated by the Construction Engineer. For specifications governing these item, see City Standard Specification Item No. 504" Concrete Sidewalk and Driveways", Drawing Nos. S-S5, and Pay limits for concrete driveway are as shown in Drawing No. S-S5 of the Standard Specifications. All concrete shall be designed to achieve a minimum compressive strength of 3,000 pounds per square inch in seven(7)days. SP-21 Included d figured subsidiary Included, an g to this unit pace, will be the required sawcut excavation, as per specification Item No. 106 "Unclassified Street Excavation", into the street to aid in the construction of the driveway. Also Subsidiary to this pay item, Contractor shall adjust the top of existing manholes, water valve boxes, and water meter boxes as needed to match proposed grade. The pay limit will be 9-inch out from the gutter lip. The street void shall be filled with H.M.A.0 Type "D" mix (PG 64-22) in accordance with all applicable provisions of TxDOT"s "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item Nos. 300 "Asphalts, Oils, and Emulsions", 310 "Prime Coat" (referenced), and 340 "Dense-Graded Hot-Mix Asphalt(Method)"(referenced)and compacted to standard densities. Contractor shall backfill around the driveway within seven (7) calendar days of pouring the driveway, if the contractor fails to complete the work within seven (7) calendar days, a $100 dollar liquidated damage will be assessed per block per day. Required backfilling shall be at finishing grade and shall be completed in order for the driveway to be accepted and measured as completed; cost of back filling, and grading shall be included in these is pay items. Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged during construction, shall be replaced with same or better at no cost to the City. The unit price bid per square feet shall be full compensation for all labor, material, equipment, supplies,and incidentals necessary to complete the replacement work. PAY ITEM NO. 10—Install variable height of 8-inch concrete retaining wall with sidewalk: This item shall consist of the construction of standard concrete retaining walls with sidewalk in locations and at heights as determined by the Engineer in field, all applicable section of City Standard Specifications Item No. 518 "Retaining wall' and Item No. 504 "Concrete Sidewalk and Driveways" shall apply except as follows: All concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven(7)days. Included, and figured subsidiary to this unit price, will be the required excavation, as per specification Item No. 106 "Unclassified Excavation'to aid in the construction of the retaining wall and sidewalk. SP-22 Retaining all shall be constructed per City of Fort Worth - g p ty rth Construction Standard Drawing No. S M 13 "Retaining Wall with Sidewalk"where applicable. The unit price bid per cubic yard will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 11—Install 42-inch hand rail with prime coat and Aluminum oil paint: This item shall consist of the constructing hand railing in locations determined by the Engineer in ® field; all applicable section of City Standard Specifications Item No.434"Railing"shall apply. The unit price bid per linear foot shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the replacement work. PAY ITEM NO. 12—Construct concrete steps: This item shall consist of the construction of standard concrete steps in locations determined by the Engineer in field, all applicable section of City Standard Specifications Item No. 516 "Concrete Steps"shall apply except as follows: All concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven(7)days. Included, and figured subsidiary to this unit price, will be the required excavation, as per specification Item No. 106"Unclassified Excavation"to aid in the construction of the steps. Steps shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M 3 "Concrete Steps"where applicable. The unit price bid per cubic yard will be full compensation for all labor, materials, equipment,tools, and incidentals necessary to complete the work. PAY ITEM NO. 13—Install diamond patterns steel plate walkway: This item shall consist of installing diamond pattern steel plate walkway in locations determined by the Engineer. Walkways shall be an industry standard or shall have four edges of plate stiffened SP-23 with a minimum of 1" x 1" steel angle or 1" square steel section and shall be capable of supporting an imposed load of 400 pound at maximum span of 3.5 feet. plate shall be anchored to sidewalk at both ends. PAY ITEM NO. 14—Top soil: The proposed quantities shown are calculated to provide topsoil (2 to 4 inches in depth compacted) over the parkway areas that are not included in the required flat work backfill. This pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. jFor specifications governing this item, see City Standard Specifications Item No. 116"Top Soil". jThe unit price bid per cubic yard will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 15—Remove and relocate shrubs: This item shall include the removal and relocation of existing shrubs for sidewalk construction. The Engineer must provide a written authorization before the Contractor relocates any shrubs. The unit price bid per each will be full compensation for all labor, material, tools, and incidentals necessary to complete the work. PAY-ITEM NO. 16—Unclassified Street Excavation: This item will be used if additional excavation is needed that is not covered by PAY ITEMS NO.3,4, 5_, 6, 7, 8, 9, 10, 11, and 12. Additional excavation will be determined by the Engineer. No payment will be made for additional excavation without the approval of the Engineer. These measurements shall be under City tandard ty specifications Item No. 106 Unclassified Street Excavation ". All applicable provisions of Item No. 106 "Unclassified Street Excavation" shall apply;work shall be paid per cubic yard. SP-24 PAY ITEM NO. 17—Grass sod replacement: This pay item shall consist of the replacements of a like grass sod that was removed under this contract due to the removal and replacement of driveways, wheelchair ramps, and curb and gutters as determined by the Engineer. All materials shall be of recent production, and suitable for their intended purpose. Sod Products Specifications: ■ Sod shall consist of live and growing grass. ■ Grass shall have a healthy, virile root system of dense, thickly matted roots throughout and approximately one-(1) inch minimum thickness of native soil attached to the roots. ■ Sod will be free from obnoxious weeds or other grasses and be free from any deleterious matter that might hinder the growth of the grass. ■ Sod material must be kept moist from the time it is dug until planted. Sod Installation Specifications: ■ The area to be sod shall be determined by the City. ■ The sod area shall be smoothed down. ■ The sod area shall be thoroughly watered immediately after it is planted. The unit price bid per square yard will be full compensation for all labor, material, tools, and incidentals necessary to complete the work. PAY ITEM NO. 18—Painting house curb address: This item shall include painting of house addresses on curb or driveway radiuses that are removed and replaced in this contract ■ All materials shall be of recent product,and suitable for its intended purpose. ■ Surface preparation and application shall be in strict compliance with manufacturer's recommendations. ■ The paint shall NOT be applied; if the new concrete curb has aged less than a minimum of 28 days, and if weather condition may harm or damage the finish surface. SP-25 I ■ The background paint shall be equal to or gT P q exceed #5160 White Latex Striping paint manufactured by Kwal Paint or approved equal. • The letters paint shall be equal to or exceed #6306 Black Latex Exterior paint manufactured by Kwal Paint or approved equal. ■ The minimum size for the background shall be 6" high x 16" long, and the minimum size for the letters shall be 4"high. The unit price bid per each will be full compensation for all labor, material, tools, and incidentals necessary to complete the work. END OF SECTION SP-26 EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award 0 (v S � AC. o f v at V,,e X 4-7A c 2� 0(vi G fi 1 �� I ct� C Nl u,�r List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Cam let. oaye �eatd461 '— -,- Z Zo au �i w C��� ur� I 2-0� M'c � av�D A, ry l G-1 wtd. Frk Vt List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount t of Name and Address of Bond Bond Surety EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: On M � . Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: CERTIFICATE OF INSURANCE TO: CI"I Y OF FORT WOR 1'H Date:JANUARY 4.2011 NAME OF PROJECT: SIDEWALK INFRASTRUCTURE PHASE 11 CDBG PROJECT PROJECT NUMBER: GR76-539120-209380161983 IS TO CERTIFY THAT: NEW STAR GRADING& PAVING COMPANY is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for I the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Worker's Compensation Policy Effective Expires Limits of Liability I Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence: $ I Liability) Property Damage: Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or I structures adjacent to Ea.Occurrence: $ excavations Damage to Underground I Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ I Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Bodily Injury: Contractual Liability Ea.Occurrence: $ Property Damage: Other Ea.Occurrence: $ Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or Icancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. The City, its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. Agency Insurance Company: Fort Worth Aeent gy Address Title M CERTIFICATE OF LIABILITY INSURANCE 01/12/2011 PRODUCER (972)864-0400 FAX (972)278-8400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Davis-Dyer-Max, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a Member of the Insurors Group HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 495429 Garland, TX 75049 INSURERS AFFORDING COVERAGE NAIC# INSURED New Star Grading & Paving Construction INSURER A. Employers Mutual Casualty 715 Southgate Lane INSURERB American Interstate Ins. Co. 31895 Dallas, TX 75217 INSURER C INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 2D91350 08/21/2010 08/21/2011 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE OCCUR MED EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY $ 1,000,0U I GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO LOC JECT I AUTOMOBILE LIABILITY 2E91350 08/21/2010 08/21/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,00 X ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ �A X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE $ 1 $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TVWCTX1951722010 08/20/2010 08/20/2011 X I WC STATU- I 1OTH- TORY I EMPLOYERS'LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 I OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ity Project No. 01619 - Sidewalk Infrastructure Phase II CDBG Project ity of Ft. Worth are additional insureds on the General Liability & Auto. Waiver of subrogation ncluded in favor of same on the GL, Auto & Workers Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Ft, Worth BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Th rockmorton St. OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Ft. Worth, TX 76102 [Ierry UTHORIZED REPRESENTATIVE M ax/DMM CORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1 I I %CORD 25(2001/08) Additional Coverages and Factors 08/18/2010 I ILine of Business Coverages for Business Auto Coverage Limits Ded/Ded Type Rate Premium Factor Combined single limit 1,000,000 IUninsured motorist 1,000,000 combined single limit Underinsured motorist 1,000,000 combined single limit IPIP-Basic 2,500 Specified perils 50 Collision 500 IComprehensive 100 Line of Business Coverages for General Liability ( Coverage Limits Ded/Ded Type Rate Premium Factor General Aggregate 2,000,000 Ops 2,000,000 , Products/Completed Aggregate Personal & Advertising 1,000,000 Injury ( Each Occurrence 1,000,000 Fire Damage 300,000 Medical Expense 5,000 ( Line of Business Coverages for Workers Compensation Limits Ded/Ded Type Rate Premium Factor ,Coverage WC & Employer's liability 1,000,000/1,000,000/ 1,000,000 CONTRACTOR COMPLIANCE WITH ' WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Transportation and City of Fort Worth Project No. GR76-539120- 209380161983. CONTRACTOR NEW STAR GRADING & PAVING COMPANY By: �J Name: A✓l, �1 l �"( I�l ����,?�C—� Title: VU Y) t 4� IDate: — STATE OF TEXAS § COUNTY OF TARRANT § Bef rd! me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the I foregoing instrument, and acknowledged to me that he executed the same as the act and deed of NEW STAR GRADING & PAVING COMPANY for the purposes and consideration therein Iexpressed and in the capacity therein stated. Given Under My Hand and Seal of Office this//J / day of 20�. Not Public in an for the-(State of Texas ALE MCaILL NOTARY PUBLIC STATE OF TEW GONM.EXP.05-12-01 1 I PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we (1) NEW STAR GRADING & PAVING COMPANY as Principal herein, and (2) United Fire&Casualty Comoany , a corporation organized under the laws of the State of(3)Iowa , and who is authorized to issue surety bonds in the State of Texas, Surety herein,are held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Denton Counties,Texas,Obligee herein, in the sum of: FOUR HUNDRED TWELVE THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND ZERO CENTS.. ($412,750.00)Dollars for the payment of which sum we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a certain contract with the Obligee dated the 4 of JANUARY,2010 a copy of which is attached hereto and made a part hereof,for the construction of SIDEWALK INFRASTRUCTURE PHASE II CDBG PROJECT NOW THEREFORE, the condition of this obligation is such, if the said Principle shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void;otherwise,to remain in foil force and effect. i PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 4 of JANUARY,2010. ATTEST: NEW STAR GRADING& PAVING COMPANY ` (Principal)Secretary PRINCIPAL (SEAL) Title: UW Pik V _ 715 SOUTHGATE LANE DALLAS,TEXAS 75217 �' United Fire &Casualty Company fitness as to Principal Surety out t-,lx jn4 Add s 1`7 BY: ATTEST: (Alto y-n-fact)q5) Larry Hughston (Surety)Secretary 3200 Broadway, S-400, Garland,TX.75043 972-864-0400 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) Correct name of Surety (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Witness as to Surety Allen Criss 3200 Broadway, S-400, Garland, TX. 75043 (Address) l PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,(1)NEW STAR GRADING&PAVING COMPANY as Principal herein, and(2) United Fire & Casualty Company ,a corporation organized and existing under the laws of the State of(3) Iowa , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of FOUR HUNDRED TWELVE THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND ZERO CENTS... Dollars ($412.750.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 4 day of JANUARY,2011,which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length,for the following project: SIDEWALK INFRASTRUCTURE PHASE II CDBG PROJECT NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant(as defined in Chapter 2253,Texas Government Code,as amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 4 day of,JANUARY,2011. NEW STAR GRADING & PAVING COMPANY PRINCIPAL EST � � 13y: Name: �� �1-I �� (P ' cipa Secretary ' Title: Uli VUV , 715 SOUTHGATE LANE DALLAS, TEXAS 75217 itness s to Principal United Fire& Casualty Company SURETY ATTEST: By: 4:�� Name: Larry Hughston Se retary Attorney in Fact is E A Q Address: 3200 Broadway S-400 Garland, Texas 75043 Witness as to Surety Telephone Number: 972-864-0400 Allen Criss NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § That NEW STAR GRADING & PAVING COMPANY ("Contractor'), as principal, and United Fire & Casualty Company , a corporation organized under the laws of the State of Iowa , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of FOUR HUNDRED TWELVE THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND ZERO CENTS... Dollars ($412,750.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 4 of JANUARY, 2011, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: SIDEWALK INFRASTRUCTURE PHASE II CDBG PROJECT the same being referred to herein and in said contract as the Work and being designated as project number(s) GR76-539120-209380161983 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 9 counterpart(s), each of which shall be deemed an original, this 4 day of JANUARY, A.D.2011. ATTEST: NEW STAR GRADING & PAVING COMPANY (s A L Contractor r vvec Mjdtotl By:_ Se ary Name: Title: ATTEST: United Fire & Casualty Company (S E A Q Surety By: Secretary Name: Larry Hughston Title: Attorney-in-Fact 3200 Broadway, S-400, Garland, TX. 75043 Phone: 972-864-0400 Address United Fire&'Casualty Company United Fire&Indemnity Company Cedar Rapids, Iowa Galveston, Texas CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company-See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa, and United Fire& Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas (herein collectively called the Companies), and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint RAYMON R. DYER, OR PERRY MAX, OR TAMMI ENTRIKEN, OR LARRY HUGHSTON, ALL INDIVIDUALLY of GARLAND TX Its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature as follows: Any and Al 1 Bonds and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY AND UNITED FIRE & INDEMNITY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the United Fire & Casualty Company April 18, 1973 and pursuant to and by the authority of the following resolution adopted by the Board of Directors of United Fire& Indemnity Company January 28, 2004. "Article V Surety Bonds and Undertakings Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature.of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the COMPANIES have caused these presents to be signed by its vice p p resident and its corporate seal to be hereto affixed this 1st day of March, 2008 CORPORATE ° &`�oxPOt+wr, UNITED FIRE&CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY :? kilkL110��� � BY State of Iowa, County of Linn, ss: !! Vice President On 1st day of M rGh, 2008, before me, a sonally came D n is J. Ri.chmann to me known, whoemg by me duly sworn, di depose and.say, thaet fie resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, and a Vice President of the UNITED FIRE & INDEMNITY COMPANY, the corporations described in and which executed the above instrument; that he knows the seals of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. �a Mary A.Jansen Iowa Notarial Seal T Commission number /V orr. 713273 Notary Public. My Commission Expires 10126110 My commission expires: 10/26/10 I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws and resolutions of said Companies as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANIES, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony of whereof I have hereunto subscribed my name and affixed thie corporate seal of the said Companies this q 25CL day of 'ZIA6 0 4^ _ 20 Zl—. Cklf/n.f�I' ```O1NItq,fy�r ��W CORPORATE 'to^ Sig COXFORATE _°— � = —•— Secretary SEAL c7 , [ Y� Asst. Secretary 111111111 lk BPOA0037(07-07) Untrea fire d Casualty Company Un;rea L de Insurance Company AOaison Insurance Company L a/ayerre Insurance Company Insurance Brokers 8 Managers. Inc UNITED FIRE GROUP American Inaemnily Companies IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT. You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address- United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages. rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O- Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND.This notice is for information only and does not become a part or a condition of-the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. HOME Or F ICE: 118 second Avenue St.PO Box 73909. Cedar Rapids- Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399.5425 i ICITY OF FORT WORTH,TEXAS CONTRACT I THE STATE OF TEXAS IKNOW ALL BY THESE PRESENTS ICOUNTY OF TARRANT This agreement made and entered into this the 4 day of JANUARY A.D., 2011, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing ` under and by virtue of a special charter adopted by the qualified voters within said City on the I Vh day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, NEW STAR GRADING&PAVING COMPANY, HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: SIDEWALK INFRASTRUCTURE PHASE II CDBG PROJECT 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of of the City of Fort Worth. OFFICIAL RECORD 4. CITY SECRETARY The Contractor hereby agrees to prosecute said work with reasona le dligenccee a&rTthe commencement thereof and to fully complete and finish the same ready for the inspection an approva o the Department of Transportation of the City of Fort Worth and the City Council of the City of Fort Worth within a period of Two Hundred (200) days. ' If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the ' sum of$210 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. ' S. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to ' carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of ' and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. I6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and I against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in Part, by the negligence or alleged negligence of Owner, its officers, servants, or employees Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and I employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in Part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior I to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. IThe Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed Iunder a City Contract. 7. ggig 9faithful The Contractor agrees, on the execution of this Contract, and before b execute a nd deliver to said City of Fort Worth good and sufficient sure performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Government Code Section 2253. as amended, in the form included in the Contract Documents. and such bonds shall be for 100 percent (100%) of the total contract price, and said surety shall be a ' surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. ' 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in ' monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(including/excluding) alternates n/a, shall be FOUR HUNDRED TWELVE THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND ZERO CENTS... Dollars,($412,750.00). I 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be Isublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto Iand made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties I hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 9 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 9 counterparts with its corporate seal attached. ` Done in Fort Worth,Texas,this the 4 day of JANUARY,A.D, 2010. OFFICIAI. RECORD I CITY SECRETARY FT. WORT I, X I APPROVAL RECOMMENDED: CITY OF FORT WORTH WILLIAM A. VE CEST, P.E. ' DIRECTOR, DEPARTMENT OF TRANSPORTATION/PUBLIC WORKS FERNANDO COSTA, ASST CITY MANAGER ATTEST: t Contract Authorization ` 1 �` \N ' NEW STAR GRADING&PAVING COMPANY Date, . 715 SOUTHGATE LANE I DALLAS,TEXAS 75217 CONTRACTOR p4d�� CITY SECRETARY Q° ,0°,°oo°p(SEAL) ��aA° BY: 0 0 0 o o a 00O000°o° TITLE j� a s 0 0 o C), � � � f713- S t°u_ �� Q �`� � '"i APPROVED AS TO M AND Q Q -� �` C 2 3 Z 7 LEGALIT I ADDRESS r 1 � �e( I ASST. dTY ATTORNEY November 1960 Revised May 1986 Revised September 1992 Revised March 2006 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX I z n � d n FORT WORTH -� x � City of Fort Worth Finance Department• Purchasing Division 1000 Throckmorton Street Fort Worth,Texas 76102 RECEIPT OF BID Company Name: _ C i Individual Delivering: Bid Title and Number: Employee Signature: Time and Date Received: "lie Copy-Customer Yellow Copy-Management V �. ° V*) c SIDEWALK INFRASTRUCTURE PHASE II STREET FROM TO LOCATION MAPSCO W NORMANDALE ST N NORMANDALE ST CHAMITA LN E 73J S NORMANDALE ST N NORMANDALE ST SOFTWIND TRL N 73J S NORMANDALE ST PORTALES DR ENCINO DR S 73J N NORMANDALE ST S NORMANDALE ST LA PALMA DR E & W 73K LAS VEGAS TRAIL MOJAVE TRL N NORMANDALE ST E 73K W CANTEY ST GORDON AVE FOREST PARK BLVD N & S 76U CRAWFORD ST E TERRELL AVE DASHWOOD ST E 77J CRAWFORD ST DASHWOOD ST E ROSEDALE ST E &W 77J GOULD AVE NW 30TH ST PEARL AVE E 62A PEARL AVE GOULD AVE LONG AVE E 62A RAMEY AVE MILLER AVE COLEMAN AVE N 78R RAMEY AVE HUGHES AVE AMANDA AVE N 79N STALCUP RD E ROSEDALE ST ALEXANDER ST E 79Q JUDD ST SOUTH FREEWAY MISSISSIPPI AVE N & S 77T PECOS ST NOLAN ST VINETTA DR N &S 92G MAURICE AVE E BELKNAP ST FAIRVIEW ST N 63R t. PROJECT DESIGNATION SIGN 4' -0 PMS-288 1 4 42" FORT >> 62 PMS-167 3" Project Title 1 3 2ND LINE IF NECESSARY 12 Contractor: 21 -T Name� 2 � „ �2 12"T-- Scheduled Completion Date , >> 12" Year 2 5" 1 " FONTS: �+ FORT WORTH LOGO = CHELTINGHAM BOLD i ALL OTHER LETTERING = ARIAL BOLD LOGO COLORS: FORT WORTH - PMS 288 LONGHORN LOGO - PMS 167 LETTERING - PMS 288 PROJECT DESIGNATION SIGN BACKGROUND - WHITE CITY OF FORT WORTH-CONSTRUCTION STANDARD BORDER - BLUE DRAWNG N0. DATE: 9-20-02 -lYM3U 1S J,I �� I �1YM301S ,S r 1 1 C3 to ITJ I I 1 � I r , t o C-1 Im Ina �f 00 in 1 or U T a J ? y 0 0 {3 NlVAGUIS .S ao m �RVH43015 ,4 LJJ .-. I I O z ED z I ' r ' 1m 0 + I mom b 1 '� o CY LZ Q 5'ti r 4 Q w 1 �LL iV7 W I t= I Z HlYM301S ,S SL'jT33 LzN� fi t�dAi3015 .1 8 m�J L l SM007.H (ly: } 1fi` $Tv. 1.i 11 i I I N I f "I/x- ur HANDRAIL OF Z. N.T.S.--•-- • �I ........._... FORT T��i t� C(TY OF FORT '!FORTH, TEXAS 12/2004 b4 HANDRAIL - TYPICAL SIDWALK HANDRAIL OnTF.: DTL--01 ALA Wt N ~ m ♦ �-- cr Gm ° CL g U o\ ° = Q J a � a < V) m Q OZ (= W u N D F- � � D W W i:5 J Q ? O 2 p N lo § x t CY 3 Ni a rn t . � n w } w 3 Q D -Zt � _0 Y 0 Y W LJ O a. m ° aw a ° � W .BZ'i O1 .D m = d S 1Hffi3N Baf)� U U U W Oo 2 N U0 Uj 0 Lao z ° Z N r7 J 0 NY ti LL-m c U cQ W III=� Z 0 (nQ W CU �a I CL cr- o Q U m a z z J Z Q tea ° ¢ o VU C9 W � 0 =Y \v� ~ O Z OJ 3 m.a. a - w No w F- N V) U O COQ t d W _j ON N W6a U, �W z t I �° x O ° ' U Z CL Ln m 00 Q N r' (1/ O) j LL rn o U 3Q w —J a° Q Lo U U Y XdW J, 01 "o t z Zw < ui LJ af =J w En CL "'E=1 I= 15 III-iii i . IE�l I IER I FEWEI —IIFI E L L CL Y"V z LL. < F- - Li M L) Lw o,.J u co cl.Z 0 fr L)< < a 3 w EA La L) -i z 1 OO 00 cl, 2: F= p to 00- En 0. 0 Li C, V) z Z 05 Ll 0 U) 0 LO 00 Of LLI 0 X LLI LLI L)jr L) 0- z< 0 Ob 0=) ir J C) L)0 U) 1. (n Y Of ;0. V) CN <jr ir LAJ Zi L&J 4 < 006 • 0 z LAJ :: < -*C3 U) U) a. U') 0) 0 cV LLI C) m :D U) L) 0 L) z C _ o 6 ao 0 J J O F- d ON W�j CL Y aO �d� QWQ 0 a F15 1) �� F-(n m (t,S _._I I I--!� --I I k 1 \\ \\ \N (D Q I o 3 ' a •i.+ ' m a' 1 (/1 J N-z • i g..' i !� po o CL it m 50 o z d v r'. I� 2 rd w O ZO N O F Li Z w Y z W - S318VA z a Z UJ Li V) mzw a z LJ aim Li J Q g a zz oa Li (0 lei ON �00V) i W a Q it lia'm O z� U N i N U Q Li I I o I I I i I i i I I I I i I N I i CL LLI I i � ~ m C3 I � Ada 0 �- NIW ��9 > m o a o W cif (� a x o i m V MM> cr opo O 3a U Li Z- W W Z ° � Q J a ltJ h t/1 Q3 0 0 '- � # W � N J Q a- F- ° m Z w W FFT � J 4 U �0 ° � V J 0 J O L LLJ a N W0 m �W o w% w m.o . o Z Q~ L U O in > �.� 1.— m m b uj q 00 Z z Ln < z • c::o < L W 04 x z o 0 L L, 3: N La-i ol M CL 20 zz ui S OQ 0 2 04 C-) 0 Z LLJ LL_ 0 _j 3 -1 H BOO - 0 < a- o u) Z LLJ wa 00 1 F1 1 Il Li ......arm X F- Li m L) LLJ V) STANDARD SEE NOTE I REINFORCE 4* WALK SIDEWALK A A H #3 BARS 0 R.O.W. LINE O.C.B.W. (REF) REINFORCE 6" DRIVE W/ #3 BARS 0 18" O.C.a.W. d) SEE I ROLL-OVER CURB NOTE 2 AND GUTTER V-0. O A 2'-0- ll'-O" PLAN MEW 91-0. 30" 4'-0' 5'-0' SIDEWALK REFERENCE u ROLL-OVER u- CURB & �2' 0 SEE NOTE 3 GUTTER DRAWING C13 (STR-020) 2-1 SAND SEE NOTE 4 STABIL IZED CUSHION 1,_0. APPROVED SUBGRADE SUBGRADE SECTION 6-6 DRIVEWAY NOTES: 1. PROVIDE )V PREMOLDED EXPANSION JOINT & SILICONE JOINT SEALANT, ONLY IF CONNECTING TO EXISTING CONCRETE DRIVE OR SIDEWALK (SUBSIDIARY TO DRIVEWAY). DOWEL INTO EXISTING CONCRETE DRIVEWAY WITH #4x24" BARS 0 18' O.C. 2. DUMMY JOINT IN DRIVEWAY RAMP IS OPTIONAL IN ll'-O" DRIVEWAY ONLY. 3. SIDEWALK SLOPE SHALL BE 4" PER FOOT TO THE FACE OF CURB, OR AS DIRECTED BY THE ENGINEER. 4. SIDEWALK SECTION THRU DRIVEWAY TO BE POURED SAME THICKNESS AS DRIVEWAY APPROACH, AND PAID FOR AS DRIVEWAY APPROACH, EXISTING SIDEWALK, IF ANY, SHALL BE REMOVED AND REPLACED. ORT WORT CITY OF FORT WORTH,TEXAS DATE:05-2000 ROLL=OWER CURB ORNEWAY APPROACH I TM-Ma 11'-0" FOR SINGLE DWY. 18'-0" FOR DOUBLE DWY. SEE NOTE 1 REINFORCE 4" WALK STANDARD WITH �3 BARS O TABLE) —SIDEWALK A — � — 18" O.C.B.W. R.0.W. if 4'-0"yi REINFORCE 6" j I ,(DUMMY JOINT, DRIVE W/ #3 SPACING) I BARS O 18" O.C.B.W. B 1 (SEE HALF LENGTH PAID AS TABLE) s ATTACHED CURB STD. CURB (GONG. PAVEMENT ONLY) do GUTTER `rld SEE i NOTE 2 EXPANSION JOINT I (EXCEPT SLIP—FORMED) 6" EXPANSION JOINT—/ A 18" OR MATCH (EXCEPT SLIP—FORMED) 10'-0" MIN. SINGLE DWY. AS DIRECTED 17'-0" MIN. DOUBLE DWY. BY ENGINEER 20'-0" MIN. SINGLE DWY. 27'-0" MIN. DOUBLE DWY, PLAN VIEW PAID PER L.F. AS CURB OR CURB do GUTTER DRIVEWAY PAY LIMIT 2'_9^ PARKWAY WIDTH (SEE (SEE TABLE) TABLE) 4'-0" SIDEWALK 1'-3" 18" LAYDOWN STANDARD CURB (SEE STD. 3 2" CURB SEE NOTE 3 w m DETAIL) 6" r y I 1 1 2" SAND SEE NOTE 4 CUSHION OR APPROVED SUBGRADE STABILIZED m SUBGRADE SECTION A-A DRIVEWAY NOTES: PARKWAY "B" 1. PROVIDE )t" PREMOLDED EXPANSION JOINT do SILICONE JOINT SEALANT, ONLY IF WIDTH DIM "A" DIM CONNECTING TO EXISTING CONCRETE DRIVE OR SIDEWALK (SUBSIDIARY TO DRIVEWAY). 10, 1' 9' DOWEL INTO EXISTING CONCRETE DRIVEWAY WITH #4x24" BARS O 18" O.C. 2. DUMMY JOINT IN DRIVEWAY RAMP IS OPTIONAL IN 11'-0" DRIVEWAY ONLY. 11' TO 14' 2' TO 5' 9' 3. SIDEWALK SLOPE SHALL BE X" PER FOOT TO THE FACE OF CURB, OR AS DIRECTED 15 TO 19' 3' TO 7' 12' BY THE ENGINEER. 4. SIDEWALK SECTION THRU DRIVEWAY TO BE POURED SAME THICKNESS AS DRIVEWAY 20' TO 22' 5' TO 7' 15' APPROACH, AND PAID FOR AS DRIVEWAY APPROACH. EXISTING SIDEWALK, IF ANY, pr,+] SHALL BE REMOVED AND REPLACED. OI�T CITY OF FORT WORTH,TEXAS DATE:06-2000 OI � PARKWAY WIDTH A 4' EXISTING 0 M GROUND LINE uj U<U U. Y4.' PER T. Y4" PER FT. 4:1 (MAX.) TOP OF 3:1 CURB . PROPOSED MAX. SLOPE 31 ( GROUND LINE (S 1) SEE NOTE 1) STANDARD SIDEWALK IN-CU PARKWAY WIDTH cil - � A B 4' LA- 0 M wl C-. PER FT. (MIN.) L <U A4" PER FT. (USUAL) 4:1 (MAX.) OF u - TOP i�i CUR B PROPOSED STANDARD SIDEWALK GROUND LINE EXISTING GROUND LINE MAX. SLOPE 3:1 PARKWAY (SEE NOTE 1) IN-FILL WIDTH DIM "A" DIM "B" lo' 11 9. NOTES4 11' TO 14' 2' TO 5' 9' 1. CONTRACTOR TO MATCH EXISTING TOP OF 15 TO 19' 3' TO 7' 12' GROUND AS SOON AS PRACTICAL. r20' TO 22' 5' TO 7' 15' CITY OF FOF;rr WORTH,TEXAS DATE:06-2006 ATTENTION: CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58, 59 & 60. WH H A I R RAMP S ANDARD D Al S r . r r t t CITY OF FORT NORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992, REDRAWN OCTOBER 2002 r - . M . M CROSS CiTY OF FORT WORTH, Tms ACCESSABILITY RAMP TYPICAL SECTION _ , ATTENTION: CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58, 59 & 60. 14.2.6 Vehicular Ways and Facilities 1 1 t 31 o a Perpendicular public(aidewalk curb ramp 1 (b) In public sidewalk with parkway (b)Perpendicular uku public sidewalk curb romp in public sidewalk f a o � � n o O ® C r-- I Parallel (a) (b) (c) public sidewalk curb romp Combinatlon public sidewalk curb ramp Perpendicular public sidewalk curb ramp in public sidewalk in public sidewalk with parkway at projected intersection Fig. 60 Public Sidewalk Cirb Ramps at Marked Crossings o1r wo CITY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABILITY RAMP — FIGURE 60 STR-035 X RUNNING Y SLOPE RUNNING SLOPE 1:20 MAX 1:12 MAX COUNTER SLOPE 1:20 MAX E WALK CURB RAMP STREp,T NOTE: (1) slope a 7/1 where z is a level slope (2) Counter slope shell not exceed 1:20 Fig. B4.7.2 Measurement of Curb Ramp Slope PLANTING OR OTHER NONIIALKING SURFACE FLARED SIDE 1 \L/ 10 NM3 if X i 4s` (1220 mm) then the slope of the Wed sides shall not exceed 1:12 (a) Flared Sides (b) Returned Curb Fig. B4.7.5 I Sides of Curb Ramps 1 10 Fig. B4.7.8 Built—up Curb Ramp OCTOBER, 1992, REDRAWN OCTOBER 2002 O CITY OF FORT WORTH, TUAS DATE; 09/2004 ACCESSABILITY RAMP - RAMP SLOPE DETAILS STR-036 R OR BLDG. LINE i W 5.0' W F- 15.5 R.P. U) G I \ I I�; %FT. USUAL I G`rG ox O• LL: TRANSITION FROM MAIN ST. CURE SECTION TO EXIST. CURB THRU THIS AREA UNLESS SPECIFIED OTHERWISE IN THE PLANS. ( TYPICAL SIDE STREET ) SLOPE DIAGRAM - RAMP 15' RADIUS SCA-.E: I"=5.0' TYPE I EXISTING 20' R. SCALE 1" = 4' a d PROP. 4' RAMP WITH z COLORED SURFACE d O U ' 1:48 1:12 VARIABLE HEIGHT CURB 1 1/2' R. (TYP) IoRT nl iff CITY OF FORT WORTH, TEXAS DATE 09/2004 ACCESSABUTY RAMP - TYPE I (20' RAD.) STR-038 r if GV7TG cURI� I TYPE III VaSMG 15' R. SCALE 1" = 4' I a. SIDEWALK RAMP WITH COLORED SURFACE 18' OR 24' ® BROOM FINISH SAwm Fos 1ntAC purr. HMAC TIE—IN 0 ASDREQUntED HACX OF PROP. CB. 1:18 UONOLIT3GC CURB 1:86 I i 1 1:46 SODDING AS RoqumED BACK OF PROP CURB — FACE OF 7" CURB EMTING CURB :GUTTER SAICUT FOR CONCRM PAVMUM 2tRaT i , CITY OF FORT WORTH, TEXAS DATE: 09/2004 �1V ACCESSABUTY RAMP - TYPE III (15' RADIUS) STR-039 EXISTING 15' R SCALE I" - 5' SIDEWALK RAMP 1 W/ COLORED SURFACE NOTES 1) EXPANSION JOINT AND SILICONE SEALING SHALL BE SUBSIDIARY TO UNIT PRICE BID EXISTING CURB FOR SIDEWALK. AND CUTTER Z)•THE ACTUAL LIMIT OF REMOVAL OF EXIST —ING CURB AND GUTTER AND SIDEWALK SHALL BE AS DIRECTED BY THE ENGINEER IN THE FIELD, 6' 3) MONOLITHIC H RDE R D PAY BE NSTAI ON BOTH M OF THE RAMP DEPENDING ON THE FIELD CONDITION OR AS DIRECTED BY THE ENGINEER. 18" OR 4' 4) CURB RAMPS WITH RETURNED CURBS MAY BE USED WHERE PEDESTRIANS WOULD NOT NORMALLY WALK ACROSS THE RAMP. 5) SLOPE OF CURB RAMP AND/OR SIDEWALK SAWCUT FOR SHALL BE A MAXIMUM OF 1:12. FLARED SIDES CONCRETE OF RAMP SHALL HAVE A MAXIMUM SLOPE OF PAVEMENT 1:1 0 UNLESS PEDESTRIANS COULD WALK ACROSS THE RAMP THEN THE MAXIMUM SLOPE SHALL BE 1:12. SODDING cn� AS REQUIRED �yt CK OF c�C PROP. CURB CLURARB OR MONOLITHIC SIDEWALK CURB (SEE NOTES) ED � URB ORIC G�a ED J'�y SEE NOTES) �G FLARED SURFACE OR CURB AS REQUIRED CK OF PROP. CURB 0 FACE OF PROP, 7' CURB �'HS�ON AYC MIT. SAWCUT FOR HMAC PAVEMENT STANDARD PAY LIMIT DETAIL CITY OF FORT WORTH, TEXAS ACC ESSAB I L1TY RAMP — DATE: as/soo4 PAY LIMITS STR-032 EXISTING 15' R • SCALE 1" = 5' SIDEWALK RAMP W/ COLORED SURFACE NOTES 1) EXPANSION JOINT AND SILICONE SEALING SHALL BE SUBSIDIARY TO UNIT PRICE BID EXISTING CURB FOR SIDEWALK. AND GUTTER 2) THE ACTUAL LIMIT OF REMOVAL OF EXIST —ING CURB AND GUTTER AND SIDEWALK SHALL BE AS DIRECTED BY THE ENGINEER IN THE FIELD. 1 OR 24" SAWCU_TEOR PAVNECMRENT ASSREQUIRED CK OF PROP. CURB MONOLITHIC SIDEWALK CURB ' GROOVE WNC GROOVE TOOL AS REQUIRED EXPANSION JOINT do SILICONE SEALING CK OF PROP. CURB FACE OF PROP. 7" CURB SAWCUT FOR HMAC PAVEMENT JOINT DETAIL CITY OF FORT WORTH TEXAS OATS: 09/2004 ACCESSABILITY RAMP - JOINT DETAIL STR-033 TYPE I EXISTING 15' R. SCALE 1" = 4' PROP. 4' RAMP WITH COLORED SURFACE z 0 as o U 1:48 1:12 1:12 1 VARIABLE HEIGHT CURB 1 1/2' R. (TYP) URT CITY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABlL1TY RAMP - TYPE I (W/15' RADIUS) STR-037 TYPE III EXISTING 20' R. aXIST1GUNrGER SCALE 1" = 4' ® SIDEWALK RAMP WITH COLORED SURFACE 18' OR 24" ® BROOM FINISH SAWCUT FOR HMAC PVMT. H MAC TIE-IN 8" 1 9 SODDING AS REQUIRED BACK OF PROP. CB. 1.12 VARIABLE HEIGHT CURB 1:3 1:12 ' SODDING EXISTING CURB do GUTTER / AS REQUIRED BACK OF PROP CURB tFACE OF 7" CURB SAWCUT FOR CONCRETE PAVEMENT ORT WOR CITY OF FORT WORTH. TEXAS DATE 09/2004 ACCESSABILITY RAMP - TYPE III (20' RADIUS) STR-040 i CC TYPE A s (Landing Detectable warning Ramp Limits o R° surface(Domes to of Payment ��� S'\601 run 0000aoco ?0 o c oo&.-QOaoa Sid.flare 06011 1st• aia o a:a c I yp ) iv E 00000.0000cc°° T (cal 63x Typical placement of detectable B'min warning surface on sloping 8"max Face of ' curb �e p ramp run. DETAIL"A" Denotes planting or non-walking (jr radius. surface Detectable, warning surface DETECTABLE WARNING SURFACE _ `o Landing PERPENDICULAR CURB RAMP e.33% o s e.3% WITH SIDE FLARES NOT ADJACENT TO WALK SURFACE COL S o g Materials or c ry E aaopp a u0¢' c 4COa,a trOa7 o. as oaao.atoaD: ao4O:o o44*:q: sidewalk PAVEMENT s and Typical placement of detectable 8'min Face of CURB d warning surface on landing at 8•max curb GUTTER RAMP street edge. DETAIL "B" SLOPE 1":12" TYPE B a AMP (CURB RAMP) GENERAL NOTES •.•_:___. able.The least possible slope that will still drain properly amp length or grade of approach sidewalks as directed. s 4'. SECTION D-D I REINFORCEMENT um with a maximum 2%slope in any direction. (TYPICAL RAMP SE om of curb ramps shall be a minimum of 4'x 4'wholly AS IN ADJACENT k and wholly outside the parallel vehicular travel path. Ramp Limits CURB AND GUTTER a on sidewalk and curb ramp surfaces is 2%. of Payment s may be used only where pedestrians would not normally walk 4'x4' se the adjacent surface is planting or other non-walking surface 8'MIN CURB LANDING r is substantially obstructed. Otherwise, provide flared sides. J D 1 RAMP WIDTH 11 construction or reconstruction of streets, curbs, or sidewalks "SECth' a area,the median should be a minimum of 5'wide. Medians Sit EWAL w accessible passage through them. o RAMP SLOPE d as shown on the plans or as directed by Engineer. rA t"IFT. elk markings and stop bar locations shall be as shown rsections where crosswalk markings are not requtred, E; I :E'y., theoretical crosswalks,or as directed by the Engineer. i with TAS may remain in place unless changed on the plans. F ll corners of street Intersections where there Is and curb. Ramps shall also be provided at walk vicinities of hospitals,medical centers,and stadiums. CONTRACTION hall be that obtained by a course brooming,transverse SAWCU D WCUT pt at detectable warning surface areas. See details A and B. JOINT(TYP.) ings from adjacent sidewalk and any other elements CROSSWALK 314"unless otherwise directed by the Engineer. ,. here the curb ramps connect to the street. PLACE EXPANSION JOINT thin the limits of payment are considered part of the curb AT BACK OF CURB LINE EXISTIN is concrete curb,gutter,or combined curb and gutter. OR AT SIDEWALK LINE PAVEMENT SECTION F-F 0%measured along curb line and where pedestrians hen Maximum slope shall be 1:12.(8.3%). PERPENDICULLAR CURB RAMP (RETURNED CUR here soul driveway be placed,n extended i i ramps Location of the over location of the drainage structure. shall be matained through the area of the ramp. urb and gutter and sidewalk shall be directed by the engineer In TYPE C I joints and silicone sealing shall be subsidiary to unit price bid 4'x 4'min - Landing Ramp Limits of Payment 4'Ramp DETECTABLE Width WARNING SU Maneuvering Tt Space 4'x 4' e Sidewalk DEPT OF TRANSPORTATION FORTWORTH I T min.curb return AND PUBLIC WORKS aligned with cross RAFFIC SERVICES DIVISION CROSSWALK SIDEWALK RAMP DETAILS NOTE:USE ONLY ON RESIDENTIAL TYPE STREETS FORT WORTH,TEXAS DIAGONAL CURB RAMP (RETURNED CURB) aiaNEO JOE RAOENZ 2-09-07 BONNIE R.VARNELL DATE: CHECKED X` DATE: 2-19-07 Perpendicular to the Tangent of the Curb Radius and Contained In Crosswalk R.WN by DATE: APPROVED M DATE: JOE RADENZ 2-19-07 CALE: N.T.S. DRAWING Na S7 SHEET i OF