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Home My WebLink AboutContract 34413 F 'IWo �H A .CONTRA RETARY 1 a� 6C0^ _. CT AVO. I {6 glib. voor SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PROJECT NAME PROJECT NUMBER D.O.E. NO. Rolling Hills Soccer Complex GR76/541600/080205005130 5383 Parking Expansion GR76 /541600/080206845130 IN THE CITY OF FORT WORTH TEXAS MIKE MONCRIEF CHARLES R. BOSWELL _ MAYOR CITY MANAGER RANDLE HARWOOD, ACTING DIRECTOR PARKS AND COMMUNITY SERVICES ,. PARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION FUNDING.OF PROJECT BY COMMUNITY DEVELOPMENT BLOCK GRANT OFFICIAL ROD Cny SPERRY FT. IDM, TEX. FoRT WORT" WWWSCFW"*t1t*M HDme � Council Agenda I M&C � Employee Directory I Morning Report I Ads 1 PRS J IT Online I Departments Print M&C COUNCIL ACTION: Approved on 12/12/2006 DATE: 12/12/2006 REFERENCE NO.: **C-21882 LOG NAME: 80W TX ROLLINGH CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract with West Texas Rebar Placers, Inc., for Parking Lot Expansion at Rolling Hills Soccer Complex RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with West Texas Rebar Placers, Inc., in the amount of$174,893.00 for parking lot expansion at Rolling Hills Soccer Complex. DISCUSSION: Community Development Block Grant (CDBG) Year XXIX and XXXI program funds were allocated to fund soccer field improvements in CDBG eligible areas throughout the City. CDBG Year XXIX funds were used to light two soccer fields at the Rolling Hills Soccer Complex. There was a remaining fund balance of $24,608 and Year XXXI funds allocated $175,000 for additional soccer field improvements, together totaling $199,608. Parks and Community Services (PACS) staff has determined that due to the increased field play experienced at Rolling Hills Soccer Complex and the need for additional parking to accommodate the public, such improvements serve a necessary need to improve such facilities in CDBG eligible areas in accordance with CDBG fund programming and the PACS Soccer Field Management Plan. Specifically, the project improvements consist of site grading, asphalt paving, concrete curb & gutter, and paving striping for an 88 car expansion to the existing parking lot and a concrete walkway. This project was advertised for bid on July 20 and July 27, 2006. On August 17, 2006, the following bids were received: BIDDER BASE BID TOTAL RBR Construction, Inc. $170,717.48 West Texas Rebar Placers, Inc. $174,893.00 Cates, Courteney & Roebuck, L.P. $182,760.00 Advanced Paving Co. $198,999.15 2L Construction L.L.C. $200,888.50 Texas, Sports Builders, Inc. $204,648.43 Northstar Construction, Inc. $219,260.00 The apparent low bidder RBR Construction, Inc., was found to be non-responsive due to failure in submitting the required DBE documentation. It is recommended that the Total Base Bid in the amount of$174,893.00, as submitted by West Texas Rebar Placers, Inc., be approved for award of contract. Contract time is 75 working days. In addition to the contract cost, associated contingency funding for construction inspection, project management and possible change orders is $13,332.36. West Texas Rebar Placers, Inc., is in compliance with the City M/WBE Ordinance by committing to 65 percent DBE participation. The City's goal on this project is 18 percent. Construction is anticipated to commence in late December, 2006, with completion in late April, 2007. Rolling Hills Soccer Complex is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 541600 080206845130 $24,608.00 GR76 541600 080206005130 $150,285.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Melody Mitchell (Acting) (5719) Additional Information Contact: Mike Ficke (5746) ATTACHMENTS -- -- -•-- �« �« 1.111 ur r-r nux-1'tt — _ 10002/004 ADDENDUM #1 Rolling Hills Soccer Complex Parking Lot Expansion August 15, 20DS TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. CONSTRUCTION DRAWINGS REFER TO SHEET 3—DEMOLITION PLAN Clarification: There is no tree removal as part of this contract. REFER TO SHEET 6—LAYOUT&GRADING PLAN—PEDESTRIAN WALKWAY Under'EQUIPMENT NOTES', Note 1 should read: °Benches shall be Burke 6' PVC Coated Backless Stationary Bench--No. 580-1009 (4 Total), Child's Play, Inc. (972) 484-0600." REFER TO SHEET 7—DETAILS Replace Detail 'F with the attached detail(See page 2 of 3 of this addendum). REFER TO SHEET 8—EROSION CONTROL PIAN Replace Detail 'B'with the attached detail (See page 3 of 3 of this addendum). END OF ADDENDUM#1 Bid Opening Date:August 17, 2006 ACKNOWLEDGE THE RECEIPT OF THIS ADDENDUIiM Ott YOUR PROPOSAL_. By: el L. McElhany, Proj M nager Release Date: July 20, zoos OFFICIAL ROD Page 1 of 3 Clay MI-IR Y rEfa Lu 0\ 2k k z/ \ \ cc _ 96 LU §� a 2 )fie o« §2 §§ J ƒ )§ )k )k 22 P. B §§ 2»e Luu _t $) k uj $9 - S a ` • • § �V 2 io 2§■ 82 §k 3E§ §§ kk 0. < MO Lu Ed lo0m) §\} /\ �kA, al - z -fk �i» ciI 4 � _ 11 if LU � . � � — � � W / 0 � � W L �M §§ k 0 5LLI � � � § k � k }\ §}O KBlu 2�� 0 0 2§ $i »0 %u % \\ $ HIHOA M , II,) �._ \� J Cti w gr a uj a I ► . CL Ifl'i O z ° c� FLW m 02 Iii d LL 111= LL! o � LL. 111= z Iwo can a 11111 W Lu Z2 � Iil�l � Ou_ ' z d W � H � 10 m2W, S ¢ wmd ---,05 YwDw 0 O � F Q N p } Q a = o0 % F- z rccm U) W y W M 4 z a Y d CL CL Ow ~ � ¢ O W ( p w >w � °C w O LU h _I ¢ m u? O .j it Q z < Fl-- W t00/%00 o -- — — — A.T.un� •-- a+aaa air ra naJalta LR_IUUL/UUY ADDENDUM #2 Rolling Hills Soccer Complex Parking Lot Expansion August 16, 2006 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. CONSTRUCTION DRAWINGS REFER TO SHEET 6—LAYOUT&GRADING PLAN—PEDESTRIAN WALKWAY Correction to Model Number of the 6' Bench, under'EQUIPMENT NOTES', Note 1 should read: "Benches shall be Burke 6'PVC Coated Backless Stationary Bench—No. 5804008 (4 Total), Child's Play, Inc. (972)4840600 END OF ADDENDUM#2 Bid Opening Date:August 17, 2006 ACKNOWLEDGE THE RECEIPT OF THIS ADDENDUM ON YOUR PROPOSAL. By: I wco lAa7 49)DI L. Me hany, Proj v anager Release Date:July 20, 2006 TABLE OF CONTENTS 1. NOTICE TO BIDDERS 2. SPECIAL INSTRUCTIONS TO BIDDERS 3. PROPOSAL 4. CITY OF FORT WORTH DBE ENTERPRISE SPECIFICATIONS 5. FEDERAL WAGE RATES-CONTRACTOR'S PACKET 6. WEATHER TABLE 7. VENDOR COMPLIANCE TO STATE LAW 8. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION 9. TCEQ CONSTRUCTION SITE NOTICE 10. PROJECT DESIGNATION SIGN 11. TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS SECTION 01100-Summary of Work SECTION 01135-Contract Time SECTION 01140-Alternatives SECTION 01150-Payment To Contractor SECTION 01300-Submittals SECTION 01400-Quality Control SECTION 01410-Testing SECTION 01500-Temporary Facilities and Controls SECTION 01640-Substitutions and Product Options SECTION 01700-Project Closeout SECTION 01800-Contractor's Responsibility for Damage Claims DIVISION 2-SITE WORK Section 02200-Site Preparation Section 02300-Earthwork Section 02840-Turf Sodding Section 02870-Site Furnishings Section 02930-Seeding DIVISION 3-CONCRETE Section 03300-Cast-in-Place Concrete DIVISION 7- THERMAL&MOISTURE PROTECTION Section 07920-Caulking and Sealants 12. CERTIFICATE OF INSURANCE 13. BIDDER'S STATEMENT OF QUALIFICATIONS 14. PERFORMANCE BOND 15. PAYMENT BOND 16. MAINTENANCE BOND 17. CONTRACT NOTICE TO BIDDERS Sealed Proposals for the following: (Project) Rolling Hills Soccer Complex Parking Expansion PROJECT NO. GR76 /541600 /080205005130 GR76 / 541600 /080206845130 DOE NO. 5383 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Division Office until 1:30 p.m., Thurs., August 17, 2006 and then publicly opened and read aloud at 2:00 p.m. in Council Chambers 2nd floor N.E. corner of City Hall. Plans, Specifications and Contract Documents for this project may be obtained at the Park Planning section, Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499. Documents will be provided to prospective bidders for a deposit of$50 per set; deposits shall be made in the form of a check or money order. Each prospective bidder shall receive a deposit refund on the first two plan sets if the documents are returned in good condition within 10 days after bids are opened. Any additional plan sets shall require a non-refundable deposit. These documents contain additional information for prospective bidders. All Bidders will be required to'comply with Provision 5159a of Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of the prevailing wage rates, and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code, Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. 1. Minority/Women's Business Enterprise Participation Goals In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the M/WBE Office or from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR /SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and /or the JOINT VENTURE FORM ("Documentation) as appropriate and must be received 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 (a) shall submit documentation at the reception area of the managing department, Department of Engineering, 2"d floor, City Hall, and shall obtain a receipt in person. Such receipt shall be evidence that the documentation was received by the City. (b) Electronic submittal of MWBE documentation will not be accepted. Failure to comply with (a) and (b) shall render the bid non-responsive. The following list is provided to assist bidders in obtaining the services of M/WBE vendors qualified to provide such services/materials for this project. A listing of qualified M/WBE vendors may be obtained at the City of Fort Worth M/WBE office, 3rd floor City Hall. Services/materials for this proiect are as follows: demolition/site prep grading/earthwork Concrete C&G CITY Bufflkff Ff. ' UGI , TEX. steel rebar concrete paving asphalt paving sodding seeding parking lot striping /signage The City's minimum M/WBE goal on this project is 18 % of the total dollar value of this contract. 2. Prime Bidder Qualification Requirements The City will evaluate all submitted bids based on criteria and qualifications to determine award of contract as noted in Item 14. - Bidder's Statement Of Qualifications—Special Instructions To Bidders and upon receipt of Bidder's Statement Of Qualifications form included in this construction document. In general: • The Prime Bidder, as general contractor or sub-contractor, must demonstrate similar project scope experience on three (3) projects within.the last three.(3) years. All subcontractors intended for use on this project shall also demonstrate similar project scope experience necessary to successfully perform on their respective portion of work on this project. • The Prime Bidder must provide a list the surety company(s) which issued bonds for projects listed above. Additionally, the Prime bidder shall list the surety company intended for use on this project. • The Prime bidder must submit a current certified financial statement prepared by an independent Certified Public Accountant. • The Prime Bidder shall perform with its own organization and with the assistance of work crews under its superintendence work of a value not less than fifty percent (50%) of the project scope of work as'per Section 8.1 of the standard specifications for Street and Storm Drain Construction for the City of Fort worth. Bidder Qualifications submitted to the Parks and Community Service Department Project Manager must be received no later than 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. 3. Bid Addendum Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as - being non-responsive. Information regarding the status of addenda may be obtained by contacting the Project Manager. 4. Pre— Bid Conference A pre-bid conference will be held with prospective bidders at the Parks and Community Services Offices Conference Room 2 on August 1, 2006 at 2:00 p.m. 5. AWARD OF CONTRACT The City reserves the right to reject any or all bids and waive any or all formalities. The City will award one contract with a combination of base bids and/or alternates which is most advantageous to the City. No bid may be withdrawn until the expiration of 70 calendar days from the day bids are opened. The award of contract, if made, will be within 70 calendar days after the opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom the contract will be awarded. RANDLE HARWOOD, ACTING DIRECTOR CHARLES R. BOSWELL PARKS AND COMMUNITY SERVICES DEPARTMENT CITY MANAGER MARTY HENDRIX CITY SECRETARY By: Joel L. cElhan , Project M na er (817) 871-5745 Thursday, July 20, 2006 Thursday, July 27, 2006 SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid 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 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 Parks and Community Services Department telephone number indicated in the Notice to Bidders. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. (See Item G in the Proposal.) 4. AWARD OF CONTRACT: The Contract may not necessarily be awarded to the lowest bidder of the Base Bid. The Parks and Community Services Department shall evaluate and recommend to the City Council the best bid based on the combined benefits of total SPECIAL INSTRUCTIONS TO BIDDERS -I- bid price and number of contract days allotted,as specified in the Proposal, and which is T considered to be in the best interest of the City. Regardless of the Alternative chosen,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 in the Construction Documents,liquidated damages shall be charged as outlined in General Provisions,Item 8.6 Failure to Complete Work on Time, R found in the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth; Texas. 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 Maintenance Bond shall be required for all Parks and Community Services Department projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Division 1, Section 01700-Project Closeout, Item 1.02. In order for a surety to be acceptable to the City,the surety must meet the requirements of V. A. T. S Insurance Code, art. 7.19-1(c). Satisfactory proof of any such reinsurance shall be provided to the City as outlined in the Notice To Bidders. The City, in its sole _ discretion,will determine the adequacy of the proof required herein. 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 the contractor to that effect and the contractor shall immediately provide a new surety T satisfactory to the City 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 SPECIAL INSTRUCTIONS TO BIDDERS -2- Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7 EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29)prohibiting discrimination in employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. Disregard if Federal Wage Rates are applicable to this project. If Federal Wage Rates are applicable to a project, the Contractor shall comply with all items identified in the attached Contractor's Packet. For further information regarding this packet, contact the Intergovernmental Affairs/Grants Management Division,Finance Department at (817)871-8365 or 871-8387 9. FINANCIAL STATEMENT: A current certified financial statement shall be provided to the City as outlined in the Notice to Bidders for use by the CITY OF FORT WORTH in determining the successful bidder. This statement is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 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 Instructions to Bidders-Item 16. 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 SPECIAL INSTRUCTIONS TO BIDDERS -3. 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. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of 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. 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- 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. SPECIAL INSTRUCTIONS TO BIDDERS -4- "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 funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The MEB/WBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor/Waiver Form and the Good Faith Effort Form and or the Joint Venture 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 Department of Engineering("Managing Department"),2nd floor, City Hall,and shall obtain a receipt. Failure to comply shall render the bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now 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: • 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/ T_ particular month,place a "0" or "no participation" in the spaces provided VMS SPECIAL INSTRUCTIONS TO BIDDERS -5- . 'FORTH, TEX, a brief explanation. • The Contractor shall provide the M(WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. 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. • 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. 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) on the contract and payment therefore. Contractor further agrees to permit an audit and/or 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 0r local laws or ordinances relating to false statements;further, any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud SPECIAL INSTRUCTIONS TO BIDDERS -6- 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. PROTECTION OF TREES,PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns,yards, 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 Forestry Office at 871-5705. 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 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. 14. BIDDER'S STATEMENT OF QUALIFICATIONS A. QUALIFICATION OF BIDDERS: Prime Bidder and all sub-contractors to be used by the bidder in the performance of this project shall be required to demonstrate experience necessary to successfully perform the proposed scope of work. The Prime Bidders' specific(1)experience, (2) stability and(3)history of performance on projects of a similar nature and scope will be considered. The BIDDERS STATEMENT OF QUALIFICATIONS shall be provided to the City as outlined in the Notice To Bidders and as noted in the specifications for the purpose of evaluating the Prime bidder/subcontractors qualifications. B. PRIME BIDDER/SUBCONTRACTOR QUALIFICATIONS 1. Demonstrate experience as either general or sub-contractor on a minimum of three(3)projects similar in scope within the last three (3)years. 2. Provide listing of surety company(s) which issued bonds for previous projects identified as demonstrated experience. 3. Provide name of surety company to be used for this project. 4. Provide a current certified financial statement as prepared by an independent Certified Public Accountant. 5. Name and qualifications for the site superintendence of the work. 6. Identify at least 50% of work which is to performed by the Prime Bidder with its own organization and work crews under its superintendence. 7. All sub-contractors intended for use on this project shall also demonstrate similar project scope experience (three similar projects in scope within last three years) necessary to successfully perform their respective portion of work on this project. SPECIAL INSTRUCTIONS TO BIDDERS -7- 8. Submittal of Letters Of Intent for the use of specific subcontractors listed on the Bidders Statement Of Qualification form. The Prime Bidder shall submit such Letters of Intent to the City no later than five(5)working days upon being recognized as the overall qualified bidder by the City. Should the Prime Bidder subsequently desire to substitute a subcontractor,the Prime Bidder shall notify the Project Manager in writing along with Letter Of Intent and experience qualifications for approval prior to commencement of construction. - The documentation required herein shall be received by the Project Manager of the Parks and Community Services Department no later than five(5)City business days after the bid opening date, exclusive of the bid opening date. Recommendation of award of contract shall be contingent upon the Bidder and/or sub-contractors meeting such qualification requirements. Location and responsive ability of the firm will be considered. - If your firm anticipates entering into a joint venture with any other firm to conduct all or part of the performance required under the proposed project,that firm should be T specified in your response. For each firm included in the joint venture,please provide the information required above. Under the Contract executed for this work the City will require your film to be completely 100 percent responsible for fulfilling all aspects of the contract bonds. Other firms and employees that may be involved in their joint venture will be treated by the City under the contract as if they were T employees or subcontractors of your firm. Other than those firms noted in the contract as a part of the joint venture,no other firms will be allowed to participate in the joint venture without written consent from the City. B. PLAYGROUND INSTALLATION AS PRIME PROJECT SCOPE 1. For projects in which the construction of playground area is the prime scope of T work,bidders must be able to demonstrate the following.Failure to adequately demonstrate that the bidder meets these requirements may result in a recommendation that the bid be rejected as non—responsive. 2. The prime bidder shall submit such documents as are necessary to establish that the bidder has successfully and satisfactorily completed the construction and installation of at least three(3)playground facilities within the immediate past three(3)years for the state of Texas or other municipalities within the Dallas/ Fort Worth metroplex, such work to have included grading, sub surface drainage, playground perimeter concrete edging, equipment and safety surface installation. The documentation shall also demonstrate that the bidder completed the projects within the contract time without the assessment of liquidated damages. - 3. If the prime bidder has not performed work for the state of Texas or municipalities within the Dallas/Fort worth metroplex,the bidder may still be - considered if it has completed three (3)park playgrounds within the last three(3) years for private entities which included work as noted in B.1. 4. The prime bidder in addition shall provide information that discloses or demonstrates the following: SPECIAL INSTRUCTIONS TO BIDDERS -8- a. Name and qualifications for the site superintendence of the work. b. Knowledge in appropriate task sequencing. c. Intended staffing requirements to construct the work within the contract time allowed. 15. OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically,the Ozone Alert season within the Metroplex area runs from May through September, with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods each day. The Texas Natural Resource Conservation Commission(TNRCC) in coordination with the National Weather Service,will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days,the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of motorized equipment. However,the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. 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 Ozone Alert 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: A. Definitions: 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. 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. Persons providing services on the project("subcontractor" ire, 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. T SPECIAL INSTRUCTIONS TO BIDDERS -9- 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. E. The contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the 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. 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 T 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. t I. The contractor shall contractually require each person with whom it contracts to 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; �- SPECIAL INSTRUCTIONS TO BIDDERS -10- (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 (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. The providing of false or 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 terminated 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: SPECIAL INSTRUCTIONS TO BIDDERS -11- REQUIRED WORKERS' COMPENSATION COVERAGE "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. This includes persons providing,hauling, or delivering equipment or materials, or providing 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 has provided the required coverage,or to report an employer's failure to provide coverage." END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS -12- PROPOSAL TO: Mr.Charles Boswell City Manager Fort Worth,Texas FOR: PARK IMPROVEMENTS AT: Rolling Hills Soccer Complex GR76/541600/080205005130 DOE NO. 5383 Parking Expansion ' GR76/541600/080206845130 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 Parks and Community Services Department Director of the City of Fort Worth. The"approximate quantity"category is for information purposes only. The Contractor shall be paid on the basis of actual installed quantities on non lump sum items. Additionally, the Contractor shall be aware that the Proposal contains both Lump Sum and Unit Price items. If the lowest bid received exceeds the funds budgeted for the project,the City reserves the right to decrease the quantities contained in.any line item or to eliminate any specific line items before award of the contract in order to bring the work within budget. By submitting a bid,the bidder acknowledges the City's right to adjust or eliminate line items prior to the award of contract. Further, by submitting a bid,the bidder agrees to honor each line item bid price without recourse to the City in the event line items are adjusted or eliminated. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish, if applicable, Performance, Payment, and Maintenance Bonds 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: BASE BID PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID UNIT ONE-PARKING LOT EXPANSION AND CONCRETE WALK Installation of Project Sign(per 1. 1 EA specifications)@ �( l k"aia 3 Dollars& T IA4> Cents per EA $ 0 $ Sawcut and Remove Concrete Curb(see 2. 128 LF sheet 3 of 8)@ h _Dollars& Cents per LF $ �J� $ T Earthwork and Grading(see sheets 5 and 6 3. 1 LS of 8)@ WW14 Dollars& Cents per LS $ Lump Sum $ 2 3�OD PROPOSAL ON _ 1 ppp1 Y Nl e4 N` pp I( 7 �i WOUN, fix. PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 4"HMAC Surface Course Type"D"Mix(see 4. 2,750 SY sheet 4 of 8)r? Dollars& _ IIIb Cents per SY $ �'' $ 4.6,750 ` 6"Flexible Base(CFW 208) (see sheet 4 of 5. 2,750 SY 8) Dollars& A� �r Cents per SY Installation of Concrete Sidewalk(see sheet * 6. 14,505 SF 6 of 8)@ Dollars& v o sc �( Cents per SF Concrete Curb and Gutter(see sheet 4 of 8) 7. • 658 LF @ 25, Dollars& La Cents per LF 8. 1 LS Erosion Control BMPs(see sheet 8 )@ p✓}p �qi- tW o ars& W-1 Cents per LS $ Lump Sum $ � 9. 1 LS Parking Lot Striping (see sheet 4 of 8)@ ,saytw k oala> Dollars& LN5O Cents per LS $ Lump Sum $ Provide and Install PVC coated backless 10. 4 EA benches(see sheet 6 of 8) I�A-�f'}:1 przDollars& p Cents per EA Provide and Install handicapped pavement 11. 1 LS markings and signage(see sheet 4 of 8)@ "tY,- Dollars& b2 Cents per LS $ Lump Sum $ " V, Unit One- TOTAL 1-3`r-� UNIT TWO-PROPOSED BID ALTERNATES FOR EGRESS ROAD 1. 1 LS Earthwork and Grading(see Shea 5 f IAWALLr ��.124 o ar- q42 1 —Cents per LS $ Lump Sum $ 2(33 4"HMAC Surface Course Type"D"Mix(see 2. 1,624 SY sheet 4 of R'n Dollars& fig Cents per SY $ $ PROPOSAL 2 PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 6"Flexible Base(CFW 208) (see sheet 4 of 3. 1,624 SY 8) @ v >( Dollars& Cents per SY $ $ � ® Concrete Curb and Gutter(see sheet 4 of 8) 4. 1,007 LF @ -` P �- Dollars& ►� Cents per LF 5. 1 LS Silt Fence(see sheet 8 of 8)@ �r PhJ� }wbz' Dollars& ��o� Ilia Cents per LS $ Lump Sum $ Unit Two- TOTAL $ UNIT THREE-PROPOSED BID ALTERNATES ENTRANCE MONUMENT Remove chainlink double swing gate and replace galvanized posts(see sheet 3 of 8) 1. 1 LS @q Fal by YAin', Fta 404 Dollars& y Cents per LS $ Lump Sum Supply and Install Polygon Portal Entrance Monument(PRT 11)complete with footings, columns, lettering and gate(see sheet 4 of 2. 1 LS 8) @ fvJj-,LVI► 4-�W�tAWD Dollars& a:- U9 Cents per LS $ Lump Sum $ 12 t Fid Unit Three- TOTAL $ 141 5� BID-RECAPULATION /� � Unit One-Total Base Bid Cost for Rolling Hills Soccer Complex Unit Two-Total Alternate Bid Cost for Egress Road at Parking Lot $ 76 Unit Three-Total Alternate Bid Cost for Entrance Monument $ 14, 5800 A. This contract issued by an organization that qualifies for exemption pursuant to the provisions of Article 20.04(F)of the Texas Limited Sales, Excise and Use Tax Act. PROPOSAL 3 PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID B. The Contractor performing this contract may purchase, rent or lease all materials,supplies, equipment used or consumed in the performance of the contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State.Comptroller's ruling tax, said exemption certificate complying with State Comptroller's ruling#95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling#95.09 as amended to be effective October 2, 1968. C. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractor or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of 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. D. The undersigned agrees to complete all work covered by these contract documents within Seventyfrve(751 Working Days after the date for commencing work as set forth in the Notice to Proceed to be issued by the Owner and to pay not less than the Federal Wage Rates. E. Within ten (10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will deliver applicable Surety Bonds 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 applicable bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. F. In case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous price for construction thereof to the City or to reject the proposal. G. Receipt is hereby acknowledged of the following addenda: No. 1 f= / No. 2 No. 3 No.4 of If Respectfully submitted, WEST TEXAS REBAR PLACERS. INC. (Company Name) By( thorized Signaturef Date: 08/17/06 Address: 2023 E. Shady Grove Ste. 5 IRVING, TX. 75060 Telephone: ( 972-438-8351 VKUPUDAL 4 FORT WORTH 03-24-06 PO4 : 36 It' City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the DBE goal Is applicable. If the.total dollar value of the contract is less than$25,000,the DBE goal is not applicable. , POLICY STATEMENT it is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business Enterprises (DBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Disadvantage Business Enterprise Program apply to this bid. DBE PROJECT GOALS The City's DBE goal on this project is 18%of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's DBE program by either of the following: 1. Meet or exceed the above stated DBE goal,or; 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the DBE documentation in person to the appropriate employee of the managing department and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated.A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if received by 5:00 p.m., five (5) City business days after the bid —goal is met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if participation is opening date, exclusive of the bid opening date. less than statedgoal: 3. Good Faith Effort Form,if no received by 5:00 p.m., five (5) City business days after the bid participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. . 5. Joint Venture Form,if goal is met or received by 5:00 p.m., five (5) City business days after the bid exceeded: opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S DBE PROGRAM..WILL,RESULT iN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS: Any questions, please contact the MI BE Office at(817)392-6104. Rev.11111105 w _ .. 0 p"Q '' td o m , �0 0 W M 2i Ira w °z = •� � '� E. � ia .O0 ro N .� ' ` C pO C Q O 0 O N Q N4: O =.W Ca E O N og.� �. � •a � Et 0 CL Q) CL .° E3 'rte . `° ° �� °�; '° EN ° o. C � E N � 'c,-0 ' '•p.v V N Cc tm _ w Ul C V N - y0 0 pO v v=� 'dO aB d 0N V ' FM CD C dOMLU ocO �� Cam0ej 0C ctao Oa d d 2d UW � LU La � ac' V ' •EC U) 5 L. L. C t0 € im° O > N w G. O 010 N d O d W Cc fOJt V _ r C d c d.:a:..L �. M.0 — € ado i° E .0 v Q. .Y d N N O G L' N .p' O. O 0 E- 42 d d •C m slo is Ov Y cr N ° d) mZ cam — � a V `� ° ` c 10 O P 'N 4. VJ d d O C° p 'y N C c C = +=' d,0 >+ c v d a S d V > � N3 9 � "�L " E Cc 19 3 >+ O _ \ y V = •C C d V c a Q. C ..T+ .d r. c 10 N � E p U U) U) l�''9 C Y ai O O N NO - .CE :� p Ac ,,. 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O }z � zf- }z � zf- }z vz � } z vz � °' Z U~ Z ,o O p w LL L)LL o o Om :2 Cl) a o LL Iti w U O a C J U) o iCOfi Z � 0 o Fe a �, N w N o v V N LL o f a o o E: o z z z z a a c O c O c O c O CL. a> m W 2 m 2 aM a a CL a . ` F- eR F— v► F— rA H u� c- LL oC o N 4 to _ N Vi q:m n % d 0 oz UJ 09nr IL IL IL Z " ai d _ m E "a o '�sc E o 'mac E 'o oxo = E V o ma = t w 'a = m E 0 o "a t (IEoco a = m E 0 w 'a � (vEo v z a aLLWOZ a au. W0z 4 au. W0z a CLLLW Q M eo I- 0 O Z eoC..•a �n 01 J C R > W Q 0 .0 Q a z IL) zm- 0 a a mea W U? Q � V o- O - E Yo-- E _ = wM u�i E E� in E•E CL U) U) c�� c�� .a !n �O �O =Y_1. Y-�L 0 o O 0 C9 yo E 0 NCD Fn 44, O Z=E� �� (E� o Uo 0 `L a `" d� a � U- *' M`� CO)co W N � H ," m co Lb go Z wLV 0 +_'C V '_ o a. W I I I I .a o NI I 'OQ I I OQ _ N w ` Gy1 OX O mUX O IVa 2 . E C O W LL � z �z� �z �z � 3. (a �° N 0 °. = O E E LIT m 5' CL�- € %- 'a O O Q H w,NLLJEE S c o .a w Z o ID 0 C v a w o LL w � N LL o Ev LU le � � � �3c0 z LL a ce o }~ m � UO m EYE o N L v � a H O O M — M w LLI 3: ° ° E c ° U 2 U. D D »° ; w ch() a d 0 0 0 CL aa ° c0 a c ~ cw3 O m o.'C =o O U) N .J LLR 0 W y CO) 'J 0 N Wa mLL. = U) im doc°� M � v ' = m 00O V 12 C V r-. = ao a a o a E m ... Z cn a, y _ a, .Oc co o. N a o z Q o. u. wc) z Q o. u. wc.) ATTACHMENT 1C 08-24-06 PO4 :38 IN Page 1 of City of Fort Worth Disadvantage Business Enterprise GOOD FAITH EFFORT S-/74 � Prime Company Na a Bid Date //:Y, Pin A4 A/i Al' 449L -- �:�R roject Na a Project Number If you have failed to secure DBE participation and you.have subcontracting and/or supplier opportunities or if your DBE participation is less'than the.City's project goal,you must complete this form. If the bidder's method of compliance with the DBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this:form, In..its entirety with supporting 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. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS)which will be used in the completion of this project, regardless of whether it is to be provided by a DBE or non-DBE. On Combined Projects, list each subcontracting and or supplier opportunity through the 2nd tier. (Use additional sheets, if necessary) _ List of: Subcontracting Opportunities List of: Supplier Opportunities �Al(,A U I✓ S LiGply, mmik Rev.5/30/03 08-24-06 PO4 : 38 I f� ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3) months old from the bid open date) list of DBE subcontractors and/or suppliers from the City's M/WBE Office. ,Yes Date of Listing No 3.) Did you solicit bids from DBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? __)�Yes If yes,attach DBE mail listing to include name of firm and address and a dated No copy of letter mailed. 4.) Did you solicit bids from DBE firms,within the subcontracting and/or supplier areas previously listed, Yt least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes If yes,attach list to include name of DBE firm, person contacted, No phone number and date and time of contact. NOTE: :A facsimile*.may be used to comply with either 3 or 4, but rhay.not be used for both. If a facsimile- is, ,used, attach .the fax confirmation,-.Which'..isto provide:;DBE name, date, time, fax number and documentation faxed NOTE: If the list of DBEs for.a particular subcontracting/supplier opportunity is ten or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of DBEs for a particular subcontracting/supplier opportunity Is ten or more, the bidder,must contact at least two-thirds of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 6.) Did you provide plans and specifications to potential DBEs or information regarding the location of plans and specifications in order to assist the DBEs? Yes No 6.) Submit documentation if DBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the DBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to a inspection of any relevant documentation by City personnel. (Pie se use additional sheets,if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev.5/30/03 ATTACHMENT 1C ADDITIONAL INFORMATION: 08-24-06 P04 : 38 IN Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain DBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original 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 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 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. The undersigned certifies that the information provided and the DBE(s) listed was/were contacted in good faith. It is understood that any DBE(s) listed in Attachment 1C will be contacted nd the reasons for not using them will be verified by the City's M/WBE Office. Aut rized Signatur6 Printed Signature Title Co ntact Name and Title(if different) ,f p Lasi 1�6 &hala(s 9t.,2 "`,/J��-c 8f Company Name Phone Number Fax Number Vvk &We ss 1, ne4 Address , mail Address City/State p Date L Rev.5/30/03 ATTACHMENT 1B Page 1 of 1 ;4 .37 City of Fort Worth D'�siaGintage Business Enterprise Specifications Prime Contractor Waiver Oes+ -Te)&_,s 2L�"qqg - C. s,zn -_Rp11i6!21 4d � c,- SDccerlylel� Prime Company Name Project NamaJ U7-06a 45393 Bid Opening Date Project Number If 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. Fallure:to corn tete this formi. n its entiretY and be;received by the`Managlng,Department on or before P. 5;00'P.m. five (5) City business days after bid openinq, exclusive of the bid,opening date, will result in the bid-.being'considered nonresponsive 1:6 bid specifications Will you perform this entire contract without subcontractors? Yes No 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 operational profile of your business. Will you perform this entire contract without suppliers? Yes -.)(—No 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 DBE(s) on this contract, the payment therefore and any proposed changes to the original DBE(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 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 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. 6 rdOACICZ A thorized Signature Printed Signature Title Contact Name (if different) CrJes� ll�s Aacs, c. Company Name Phone Number Fax Number ��: Address Email Address v ' 40 City/Statid7lp Date Rev.5/30/03 '1 IS Document Retrieval Page 1 of 4 icke, Mike From: Johnson, Sherry ,Sent: Wednesday, January 25, 2006 2:19 PM To: Ficke, Mike Subject: Emailing: getdoc.htm 14 ello Mike, ase find below the Davis Bacon federal wage rates for the Greebriar park improvement project. inanks, Terry Johnson, CCS 7-392-7333 office 317-392-8383 fax INERAL DECISION: TX20030045 02/25/2005 TX45 )ate: February 25, 2005 1neral Decision Number: TX20030045 02/25/2005 Superseded General Decision Number: TX020045 late: Texas construction Types: Heavy and Highway unties: Collin, Dallas, Denton, Ellis, Grayson, Johnson, ,.aufman, Parker, Rockwall, Tarrant and Wichita Counties in Texas. "'REPAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. CGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES. edification Number Publication Date 0 06/13/2003 1 01/14/2005 2 02/25/2005 IUTX2004-004 11/09/2004 Rates Fringes Air Tool Operator. . . . . . . . . . . .$ 10.06 0.00 Asphalt Distributor Operator. . .$ 13.99 0.00 Asphalt paving machine operator$ 12.78 0.00 Asphalt Raker. . . . . . . . . . . . . . . . . .$ 11.01 0.00 Asphalt Shoveler. . . . . . . . . . . . . . .$ 8.80 0.00 _ Batching Plant Weigher. . . . . . . . .$ 14.15 0.00 Broom or Sweeper Operator. . . . . .$ 9.88 0.00 Bulldozer operator. . . . . . . . . . . . .$ 13.22 0.00 Carpenter. . . . . . . . . . . . . . . . . . . . . .$ 12.80 0.00 - Concrete Finisher, Paving. . . . . .$ 12.85 0.00 Concrete Finisher, Structures. .$ 13.27 0.00 �� MORD Paving Curbing Machine Operator. . . . . . . . . . . . . . .$ 12.00 0.00 cidV Concrete Paving Finishing FYI gar w 1/25/2006 NAIS Document Retrieval Page 2 of 4 Maching Operator. . . . . . . . . . . . . . .$ 13.63 0.00 Concrete Paving Joint Sealer Operator. . . . . . . . . . . . . . . . . . . . . . .$ 12.50 0.00 ! Concrete Paving Saw Operator. . .$ 13.56 0.00 Concrete Paving Spreader Operator. . . . . . . . . . . . . . . . . . . . . . .$ 14.50 0.00 Concrete Rubber. . . . . . . . . . . . . . . .$ 10.61 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator. . . . . . . . . . . . . . . . . . . . . . .$ 14.12 0.00 - Electrician. . . . . . . . . . . . . . . . . . . .$ 18.12 0.00 Flagger. . . . . . . . . . . . . . . . . . . . . . . .$ 8.43 0.00 Form Builder/Setter, Structures$ 11.63 0.00 Form Setter, Paving & Curb. . . . .$ 11.83 0.00 Foundation Drill Operator, Crawler Mounted. . . . . . . . . . . . . . . .$ 13.67 0.00 Foundation Drill Operator, Truck Mounted. . . . . . . . . . . . . . . . . .$ 16.30 0.00 Front End Loader Operator. . . . . .$ 12.62 0.00 Laborer, common. . . . . . . . . . . . . . . .$ 9.18 0.00 Laborer, Utility. . . . . . . . . . . . . . .$ 10.65 0.00 Y Mechanic. . . . . . . . . . . . . . . . . . . . . . .$ 16.97 0.00 Milling Machine Operator, Fine Grade. . . . . . . . . . . . . . . . . . . . .$ 11.83 0.00 _ Mixer operator. . . . . . . . . . . . . . . . .$ 11.58 0.00 Motor Grader Operator, Fine Grade. . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.20 0.00 Motor Grader Operator, Rough. . .$ 14.50 0.00 - oiler. . . . . . . . . . . . . . . . . . . . . . . . . .$ 14.98 0.00 Painter, Structures. . . . . . . . . . . .$ 13.17 0.00 Pavement Marking Machine Operator. . . . . . . . . . . . . . . . . . . . . . .$ 10.04 0.00 Pipelayer. . . . . . . . . . . . . . . . . . . . . .$ 11.04 0.00 Reinforcing Steel Setter, Paving. . . . . . . . . . . . . . . . . . . . . . . . .$ 14.86 0.00 - Reinforcing Steel Setter, Structure. . . . . . . . . . . . . . . . . . . . . .$ 16.29 0.00 Roller Operator, Pneumatic, Self-Propelled. . . . . . . . . . . . . . . . .$ 11.07 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping. . . . . . . . . . . . .$ 10.92 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement. . . . . . . . . . . . .$ 11.28 0.00 Scraper Operator. . . . . . . . . . . . . . .$ 11.42 0.00 Servicer. . . . . . . . . . . . . . . . . . . . . . .$ 12.32 0.00 Slip Form Machine Operator. . . . .$ 12.33 0.00 Spreader Box operator. . . . . . . . . .$ 10.92 0.00 Tractor operator, Crawler Type.$ 12.60 0.00 Tractor operator, Pneumatic. . . .$ 12.91 0.00 _ Traveling Mixer Operator. . . . . . .$ 12.03 0.00 Truck driver, lowboy-Float. . . . .$ 14.93 0.00 Truck driver, Single Axle, Heavy. . . . . . . . . . . . . . . . . . . . . . . . . .$ 11.47 0.00 _. Truck driver, Single Axle, Light. . . . . . . . . . . . . . . . . . . . . . . .$ 10.91 0.00 Truck Driver, Tandem Axle, Semi-Trailer. . . . . . . . . . . . . . . . . . .$ 11.75 0.00 Truck Driver, Transit-Mix. . . . . .$ 12.08 0.00 Wagon Drill, Boring Machine, Post Hole Driller Operator. . . . .$ 14.00 0.00 Welder. . . . . . . . . . . . . . . . . . . . . . . . .$ 13.57 0.00 Work Zone Barricade Servicer. . .$ 10.09 0.00 ---------------------------------------------------------------- 1/2.5/2006 ,AIS Document Retrieval Page 3 of 4 7nlisted classifications needed for work not included within :he scope of the classifications listed may be added after ward only as provided in the labor standards contract clauses 9CFR 5.5 (a) (1) (ii) ) . - -------------------------------------------------------------- ..a,L the listing above, the "SU" designation means that rates Listed under the identifier do not reflect collectively 'Rrgained wage and fringe benefit rates. Other designations Ldicate unions whose rates have been determined to be )revailing. -------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS Has there been an initial decision in the matter? This can ie: an existing published wage determination a survey underlying a wage determination t a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling )n survey related matters, initial contact, including requests mq3r summaries of surveys, should be with the Wage and Hour :gional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the avis-Bacon survey program. If the response from this initial intact is not satisfactory, then the process described in 2. ) .ad 3. ) should be followed. ^ith regard to any other matter not yet ripe for the formal rocess described here, initial contact should be with the 3ranch 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 ^nterested party (those affected by the action) can request eview 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 Che request should be accompanied by a full statement of the m6nterested party's position and by any information (wage ayment data, project description, area practice material, ztc.) that the requestor considers relevant to the issue. 'R.) If the decision of the Administrator is not favorable, an nterested party may appeal directly to the Administrative Zeview Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board 1/25/2006 VAIS Document Retrieval Page 4 of 4 U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 R l. ) All decisions by the Administrative Review Board are final. 6��6CCCCCO��CCS CCCOCCCOCC�CGCG i�SCCIISCCCCOsi SCCDC��a1�C��GCC��CJ END OF GENERAL DECISION w FORTWORTH City of Fort Worth Budget and Management Services Department (Contract Management Division) DAVIS—BACON CONTRACT PACKAGE Revised 11/2005 Due Required Forms and Dates WHO COMPLETES DUE SUB PRIME SUBMIT TO: REQUIRED FORM FORM T0: All those who attend Keep For Your Records FILE FILE Pre-Construction Meeting meeting sign Contractor/Sub Contractor and All Subs Before the Start of PRIME CMD Information Constriction Monitor CONTRACTOR At the Start of Construction PRIME CMD Start of Construction Form Monitor Construction Complete CONTRACTOR After completion of PRIME CMD Form construction Monitor Section 3 Attachment Forms CONTRACTOR AND Complete and Return PRIME CMD • Attachment B Self- SUBCONTRACTORS Within Seven(7)Days of Monitor Certification Form Receipt • Attachment D Statement of Release Form • Attachment E Preliminary Statement of Workforce Needs Form Statement of Policy on CONTRACTOR AND Complete and Return PRIME CMD Equal Employment SUBCONTRACTORS Within Seven(7)Days of Monitor Opportunity Form Receipt CONTRACTORAND Complete and Return PRIME CMD Certification and SUBCONTRACTORS Within Seven(7)Days of Monitor Acknowledgement Form Receipt U.S.Department of Housing CONTRACTOR AND Complete and Return PRIME CMD and Urban Development SUBCONTRACTORS Within Seven(7)Days of Monitor • Certification of Bidder Receipt Regarding Equal Employment Opportunity Form • Certification Regarding Lobbying Form • Certificate of Owner's Attorney Form CONTRACTOR AND Complete and Return PRIME CMD SUBCONTRACTORS Within Seven(7)Days of. Monitor U.S. Department of Housing Receipt and Urban Development • Certificate from Contractor Appointing officer or employee to Supervise Payment of Employees Fonm DUE SUB PRIME REQUIRED FORM WHO COMPLETES SUBMIT SUBMIT TO: FORM TO: The prime contractor Beginning the first week PRIME CMD should review ea. your company works on a Monitor Payroll Forms Subcontractor's payroll project and for every week You are not required to use type reports for compliance afterward until your firm Payroll Form WH- You prior to submitting the has completed its work. payroll,such as computerized may use any other type reports to IAGM. Number the payroll reports formats,as long as it has all of beginning with# 1 Initial the information that is required and clearly mark your last on the WH-347. payroll"Final." U.S.Department of Labor CONTRACTOR AND Attach to the weekly payroll PRIME CMD Statement of Compliance SUBCONTRACTORS with original signature Monitor Form CONTRACTOR AND Required when employee is PRIME CMD SUBCONTRACTORS used in more than one Monitor classification,and specify Employees Statement of different rates of pay during Work Verification Form any payroll period EMPLOYEES MUST Only one employee PRIME CMD AUTHORIZE ALL authorization is needed for Monitor - DEDUCTIONS recurring deductions.This should accompany the Payroll Deduction FIRST payroll on which the r Authorization Form deduction appears U.S.Department of HUD SUBCONTRACTOR Before start of work PRIME CMD Community Block Grant Monitor Input Subcontractor's Certification Concerning Labor Standards and Prevailing Wage _ Requirements Form NOTICE TO ALL CONTRACTOR Post on site at the start of POST POST EMPLOYEES MUST POST construction Working on Federal or - Federally Funded Finance Construction Projects Equal Employment CONTRACTOR Post on site at the start of POST POST Opportunity Poster MUST POST construction U.S.Department of Labor Poster CONTRACTOR Post on site at the start of POST POST MUST POST construction Project Designation Si PRIME CONTRACTOR FORWARDS ALL FORMS TO THE CONTRACT MANAGEMENT DIVISION Table of Contents PAGE I. Pre-Construction Conference Minutes/Special Instructions to Bidders on Federally FundedProjects..........................................................................................2-5 II. Contractor/Sub Information Forms .................................................................. 6-7 III. Start of Construction Form.............................................................................8 IV. Construction Complete Form........................................................................... 9 V. City of Ft.Worth Budget and Management Services Department,Affirmative Action Plan: 10-18 ..........3..................................................................................................... Section of the Housing and Urban Development Act of 1968 A. Section 3 Attachment Forms ....................................................................... 19 1. Attachment B Self-Certification Form...................................................... 20 2. Attachment D Statement of Release Form..................................................21 3. Attachment E Preliminary Statement of Workforce Needs Form...................... 22 4. Blank Page.......................................................................................23 Vi. Statement of Policy on Equal Employment Opportunity Form.................................... .24 VII. Department of Housing and Urban Development Contract Requirements ....................25-36 Executive Order 11246,Equal Opportunity Clause;Section 202 A. Executive Order 11246 Forms 1. Certification and Acknowledgment Form.................................................. 37 2. Certification of Bidder Regarding Equal Employment Opportunity Form............ 38 3. Certification Regarding Lobbying Form ................................................... 39 4. Certificate of Owner's Attorney Form...................................................... 40 VIII. U.S.Department of Labor Wage and Hour and Public Contract Divisions A. Instructions for Completing Payroll form WH-347 ...........................................41-44 B. U.S.Department of Housing and Urban Development 1. Certificate from Contractor Appointing officer or employee to Supervise Payment of Employees Form.......................................................................................... 45 2. Blank Page....................................................................................46 3. Payroll Form................................................................................. 47 4. Blank Page.................................................................................... 48 - 5. U.S.Department of Labor Statement of Compliance Form........................... 49 6. Employees Statement of Work Verification Form ..................................... 50 7. Payroll Deduction Authorization Form................................................... 51 IX. U.S.Department of Housing and Urban Development Community Development Block Grant Input: Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements ........................................................................................................... 51-55 *City of Fort Worth Community Development Block Grant Funded Project Form Packet will include these documents. ❑ How to Complete Payroll Forms ❑ Equal Employment Opportunity Poster ❑ U.S.Department of Labor Poster ❑ Project Designation Sign 1 PRE-CONSTRUCTION CONFERENCE MINUTES DATE: TIME: LOCATION: PROJECT NAME: LOCATION OF PROJECT: PROJECT NUMBER CONTRACT NUMBER: ATTENDEES NAME NAME AND ADDRESS OF FIRM TELEPHONE NUMBER 2 PRE-CONSTRUCTION CONFERENCE MINUTES NOTES 3 SPECIAL INSTRUCTIONS TO BIDDERS ON FEDERALLY FUNDED PROJECTS This project is subject to the Davis-Bacon Act(DBA), Copeland Act, Contract Work Hours Safety Standards Act (CWHSSA),and the Fair Labor Standards Act(FLSA). FLSA sets out the requirements for payment of minimum wages,overtime pay,child labor standards and prohibit wage discrimination on the basis of sex. DBA specifies the minimum wages to be paid the various classes of laborers and mechanics employed on the project. 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. The Copeland Act prohibits kickbacks being paid by,the employee to the employer and requires the weekly submission of payrolls. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS AND/OR WITHHOLDING OF INSURED ADVANCES. 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. The suggested payroll form is WH-347,Payroll. HUD prior to use must approve all other payroll forms. Payrolls must be submitted to the Budget and Management Services Department, Contract Management Division 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. 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 are to be maintained during the course of work and preserved for a period of three years thereafter. 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. 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 . 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. 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. 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. Payrolls are required for weeks in which no work is performed labeled"NO WORK PERFORMED". 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". 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. 4 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". Deduction authorizations, signed by employees, must be provided for any deduction with the exceptions of FICA and federal tax. 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). The general contractor will be required to certify that all laborers and mechanics employed on the project(including those employed by subcontractors)have been paid hourly rates as prescribed by the applicable laws. Failure to comply will result in withholding fiill or partial payment. Any questions concerning labor requirements should be directed to the contact(s) below. Questions should be - directed through the general contractor who is ultimately responsible for the fulfillment of these obligations Contact Persons: City of Fort Worth Contract Management Division Sherry Johnson (817392-7333 or Marilyn Jackson(8 17)392-7329 1000 Throckmorton Street Fort Worth,Texas 76102 5 T CONTRACTOR INFORMATION Date PROJECT: - 1. Contractor. 2. Address: 3. City: 4. Telephone: Fax: 5. Federal I.D.M 6. Officers of the Corporation: President: Racial/Ethnic Ownership: Vice President: 1-whine American Secretary: 2-Black American 3-Native American 4-Hispanic American Treasurer 5-Asian/Pacific American 7. If sole owner or partnership,list owner(s): 6-Hasidic Jew I certify at the time of execution,hereoneither my company nor my corporate officers(if incorporated) are listed in the list of Debarred, Suspended,and eligible Contractors maintained by the Department of Housing and Urban Development(HUD). Signature 6 SUBCONTRACTOR INFORMATION (To be completed by contractor) Date: PROJECT: 1. Subcontractor: 2. Contract Amount: 3. Address: 3. City: 4. Telephone: Fax: 5. Federal I.D.#: RaciaVEthnic Ownership: 1 -White American 2-Black American 3-Native American 4-Hispanic American 5-Asiaw?acific American 6-Hasidic Jew MUD CITY SK11:1iffigy 7 j - I [FT. r*4146- NI TEX, START OF CONSTRUCTION Date: Project Name: Project Location: Project Number: U.S.Department of Labor Wage Decision: This is to inform you that the: (Name of Company) Of , (Address) (City/Town) has started work on the above referenced project covered by our (State) (Zip) contract with you,as of (Date) Respectfully yours, (Name of Company) By (Signature) (Title) 8 CONSTRUCTION COMPLETE Date• Project Name: Project Location: Project Number: U.S.Department of Labor Wage Decision: This is to inform you that the: (Name of Company) Of , (Address) (Civrown) has terminated work on the above referenced project covered by our (State) (Zip) contract with you,as of (Date) Respectfully yours, (Name of Company) By (Signature) (Title) 9 FoRTWORTH City of Fort Worth Budget and Management Services Department (Contract Management Division) Affirmative Action Plan Under Section 3 of The Housing and Urban Development Act of 1968 10 Revised 11/2005 11 City of Fort Worth A,frmative Action Plan Table of Contents Part I: Purpose and Background Information Pane 1. Summary Explanation and Purpose...........................................................................12 2. Geographical Applicability..................................................................................12-13 3. Applicability to Businesses.......................................................................................13 4. Applicability to Individuals.......................................................................................13 PartII: Selection of Subcontractors and Vendors................................................................................14 1. Procedures ......................................................................................................14 2. Sources for Locating Section 3 Covered Businesses.................................................14 3. Required Contract Clauses...................................................................................14-15 PartIII: Hiring Trainees and Employees...............................................................................................15 1. Procedures .................................................................................................15-16 2. Good Faith Efforts.....................................................................................................16 PartIV: Compliance and Consequences................................................................................................16 1. Monitoring of Requirements.....................................................................................16 2. Grievance Procedures................................................................................................17 3. Sanctions ...........................................................................................................17-18 PartV: Section 3 Attachments .......................................................................................................19 1. Self-Certification Form ATTACHMENT B..........................................................................20 2. Statement of Release ATTACHMENT D..............................................................................21 3. Preliminary Statement Work Force Needs ATTACHMENT E..........................................22 4. Blank Page..............................................................................................23 12 City of Fort Worth Affinmadve Action Plan City of Fort Worth Fiscal Services Department Budget and Management Services Department Affirmative Action Plan Under Section 3 of the Housing and Urban Development Act of 1968 1. Surrunga Explanation and Purpose: Section 3 of the Housing and Urban Development Act of 1968,as amended,("Section 3")is binding upon the City of Fort Worth,("the City")and its Contractor in all projects using Community Development Block Grant (CDBG)funds. Any Contractor receiving CDBG funds,from whatever source,is bound by Section 3. The two primary purposes of Section 3 are(1)to encourage the use of small,local and minority businesses as suppliers of goods and services,and(2)to encourage the use of local,minority and lower income persons as trainees and employees. Section 3 requires that good faith efforts be made to achieve these purposes. This plan sets forth the procedures that will be followed by the City of Fort Worth's Budget and Management Services Department,Contract Management Division("CMD")and all its CDBG Contractors to accomplish these purposes. Specific regulations governing Section 3 are set out in 24 CFR 135. 2. GeogUhical Applicability: For the Community Development Block Grant Program,Section 3 is applicable to all activities taking place within the corporate limits of the City of Fort worth,Texas. Within this"Section 3 covered area",the CMD Target areas are considered priority areas. The Target areas include the following 2000 census tracts/block group numbers: 1001.01/1,1001.01/3, 1001.01/4, 1001.01/6, 1001.02/4, 1001.02/5, 1001.02/6, 1002.01/1, 1002.01/2, 1002.01/3,1002.01/4, 1002.02/1, 1002.02/2, 1002.02/3, 1002.02/4, 1002.02/5, 1003/1, 1003/2, 1003/3, 1003/4, 1003/5, 1003/6, 1004/1, 1004/2, 1004/3, 1004/4, 1004/5, 1004/6, 1005-0111, 1005.01/2, 1005.01/3, 1005.01/4, 1005.01/5, 1005.01/6, 1005.02/1, 1005.02/2, 1005.02/3, 1005.02/4, 1005.02/6, 1005.02.7, 1006.02/2, 1006.02/3, 1007/1, 1007/2, 1007/3, 1007/5, 1008/1, 1008/2, 1008/3, 1008/4, 1008/5,1009/1, 1009/2, 1009/3, 1010/1, 1010/2, 1011/1, 1011/2, 1011/3, 1011/4, 1012.01/1, 1012.01/2,1012.02/2, 1012.02/3 1012.02/4, 1012.02/5, 1012.02/6, 1013.01/4, 1013.02t2, 1013.02/3, 1013.02/4, 1014.02/1, 1014.02/2, 1014.02/3, 1014,02/4, 1014.03/2, 1014.03/3, 1014.03/4, 1014.03/5, 1014.03/6, 1014.03/7, 1015/2, 1015/3, 1015/5, 1016/1, 1016/2, 1017/1, 1017t2, 1017/3, 1018/1, 1018t2, 1020/1, 1020/2, 1021,6, 1021/7, 1023.01/1, 1023.01/2, 1023.01/3, 1023.01/4, 1023.02/4, 1023.02/5, 1024.01/4, 1024.01/5, 1024.01/6, 1025/1, 1025/2, 1025/3, 1025/4, 1025/5, 1025/6, 1026/4, 1026/6, 1026/7, 1026/8 1027/1, 1027/2, 1028/1, 1029/1,1029/2, 1029/3, 1030/1, 1030/2, 1030/3, 1031/1,1032/1, 1033/1, 1033/2, 1033/3, 1033/4, 1034/1, 1034/2, 1034/3,1035/1, 1035/2, 1035/3, 1035/4, 1035/5,1035/6, 1035/7, 1036.01/1, lO-j6.01/2, 1036.01/3, 1036.01/4, 1036.02/2, 1037.01/1, 1037.01)2, 1037.01/3, 1037.01/4, 1037.02/1, 1037.02/2, 1037.02/3, 1038/1, 1038/2, 1038/3, 1038/4, 1038/5, 1038/6, 1039/1, 1039/2, 1039/3, 1040/1, 1040/2, 1040/3, 1041/1, 1041/2, 1041/3,1041/4, 1041/5, 1041/6, 1042.02/5, 1043/2, 1043/3, 1043/4, 104315, 1044/1, 1044/3, 1044/4, 1044/7, 1045.0111, 1045.01)2, 1045.0113, 1045.01/4, 1045.01/5, 1045.01/6, 1045.01n, 1045.01/8, 1045.02/1, 1045.02/2, 1045.02/3, 1045.03/1, 13 City of Fort Worth Afrmateve Action Plan 1045.03/2, 1046.01/2, 1046.01/3, 1046.01/4, 1046.01/5, 1046.02/1, 1046.02/2, 1046.02/3, 1046.02/4, 1046.03/1, 1046.03/2, 1046.03/3, 1046.04/1, 1046.04/2, 1046.04/3, 1046.05/3, 1046.05/5, 1047/1, 1047/2, 1047/3, 1047/4,1047/5, 1047/6 1048.01/1, 1048.01/2, 1048.01/3, 1048.01/4, 1048.01/5, 1048.01/6, 1048.01/7, 1048.01/8, 1048.02/1, 1048.02/2, 1048.02/3, 1048.02/4, 1050.01/1, 1050.01/2, 1050.01/3, 1050.01/4, 1050.01/5, 1050.05/2, 1050.06/1, 1050.06/2, 1051/5, 1052.01/1, 1052.01/2, 1052.01/4, 1052.02/1, 1052.02/2, 1053/1, 1055.02/1, 1055.02/8, 1055.05/1, 1056/2, 1057.03/3, 1058/1, 1058/2, 1058/5, 1059/2, 1059/3,1059/5, - 1060.01/1, 1060.02/1, 1060.04/2, 1061.01/2, 1061.02/, 1061.02/2, 1062.01/1, 1062.01/2, 1062.01/3, 1062.01/4, 1062.02/1, 1062.02/2, 1062.02/3, 1062.02/4, 1063/2, 1063/3, 1064/1, 1064/2, 1065.03/3, 1065.06/2, 1065/06/3, 1065.06/4, 1065.08/2, 1065.08/4, 1065.09/1, 1065.10/4, 1065/11/4, 1065.12/2,1066/1, 1105/4, 1110.07/4, 1113/01/2, 1135.06/7,1141.01/4 3. Applicability to Businesses: Businesses that are at least fifty-one percent(51%)owned by socially or economically disadvantaged persons who reside in the Section 3 covered areas.and which qualify,as small businesses under the standards of the Small Business Administration are eligible for the benefits of Section 3. 4. AWlicability to Individuals: Any person who resides in the Section 3 covered area and whose family income does not exceed eighty percent - (80%)of the median income in the Dallas-Fort Worth Standard Metropolitan Statistical Area may be designated as a "lower income person". Section 3 is intended to benefit such individuals through employment and training opportunities. 14 City of Fort Worth AjAmative Action Plan L''�..••fi��i�'$YL,AR1Y1`iDE�y1.�LQ1'�;�lly C.O �� 15'�.�'r'�='r'.rd 1. Procedures All contractors will provide a completed copy of Attachment D,"Statement of Release",prior to signing any contract for a project using CDBG monies. Each Contractor selected will be bound by Section 3 requirements,including the submission of all relevant documentation required by this plan. Contractors will be held responsible for the Section 3 activities of their subcontractors. When competitive bids are solicited,the contractor will notify bidders of Section 3 requirements. Each contractor will make a good faith effort to issue invitations to bid to Section 3 covered businesses and to use local and minority media to advertise contractual opportunities. Contracts,which are typically let on a negotiated basis in non-Section 3 covered areas,will be let on a negotiated basis in Section 3 covered areas,if feasible. 2. Sources for Locating Section 3 Covered Businesses: _ The City operates the Minority/Women Business Enterprise(M/WBE)office to assist in the location and certification of Section 3 covered businesses and to inform such businesses of bidding opportunities for City contracts. Lists of Section 3 covered businesses area also available from the Fort Worth Regional HUD Office,the Small Business Administration and other similar agencies. Any business wishing to qualify as a Section 3 covered business will be given the opportunity to file a Self-Certification form(Attachment B)with the M/WBE office and all CDBG contractors are encouraged to seek the assistance of that office,should any question arise. CMD will notify the.Minority/Women Business Enterprise office of its pending contractual activities so that Section 3 covered businesses may be notified. 3. Required Contract Clauses: CFR 24&135.38 In the event a CDBG Contractor wishes to subcontract anyportion of a project utilizing CDBG monies,the written prior approval of CMD must be obtained. Furthermore,the following paragraphs must be included in each subcontract: 15 City of Fort Worth A$irmative Action Plan A. The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968,as amended 12 U.S.C. 170l(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 of this Contract 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 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions, the qualifications for each;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 the 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. F. Noncompliance with HUD's regulations in 24 CFR part 135 may 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(1)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). _ PART Ilt HIItITG: ��1jy(�Y A'* rL03'ESf�= 1 ,'" :t 1. Procedures: All contractors will provide a completed copy of Attachment E,"Preliminary Statement-Work Force Needs", f prior to signing any contract for a project using CDBG monies. The Contractor will specify the maximum number of trainees which can reasonably be used on the CDBG project,unless the occupational category is subject to a ratio set by the Secretary of Labor. This information will be reviewed by CMD to ascertain the current and projected use of Section 3 covered individuals. 16 City of Fort Worth Affl mative Action Plan Should the Contractor wish to hire trainees for a CDBG assisted project,lower income individuals will be used to the greatest extent feasible in the various training categories. All vacant trainee positions should be filled with lower income individuals,if at all possible. Only after a good faith effort to place lower income individuals in vacant trainee positions has been made will the Contractor use non-Section 3 covered individuals as trainees. Should the Contractor need to hire already trained employees,similar preference will be given to qualified lower income individuals who apply for those positions. For each occuRational category in which vacancies exist the contractor will set a realistic goal for the number of lower income individuals to be hired The Contractor will make a good faith effort to see that such goals are met. To the greatest extent feasible,the Contractor will use lower income individuals as CDBG project employees. Any Contractor that fills vacant employment positions immediately prior to starting a CDBG project will be required to show that its actions were not an attempt to circumvent Section 3 requirements. When a lower income individual applies,either on their own initiative or on referral from any source,the Contractor will review his/her qualifications and hire the individual if his/her qualifications are satisfactory and the Contractor has an opening. If the Contractor does not have an opening,the individual will be listed for the first available opening. If applicant qualifications are equal,lower income persons will be given preference in hiring. An exception will be made when a Section 3 covered project meets the requirements of Executive Order 11246. In this case,when qualifications are equal,minority persons will be given first preference in hiring. The City will require applicants claiming to be lower income to state their family income at the time of application. 2. Good Faith Efforts: A Contractor may show good faith efforts to hire lower income individuals by: (1) Confirming with the Department of Housing and Urban Development's Regional Administrator,Area Office Director,or FHA Insuring Office Director,the geographical Section 3 covered area for the Contractor's specific project;and (2) Using local media,project area community organizations,local public and private institutions,and/or signs placed at the proposed project site to recruit lower income applicants for training and P T.IV COIVl�' 1AN4iND L__�__ _• _. _.____ _ _ :�5 __ �._•J employment positions with the project. 1. Monitoring of Requirements: CMD will monitor the efforts of its contractors to achieve the purpose of Section 3 in two primary ways. First, the documentation required of CDBG Contractors will be examined to determine if good faith efforts are being made to comply with Section 3 requirements. Any obvious omissions or improper actions will be questioned and the manner in which compliance can be documented will be determined by CMD. Next,CMD will conduct on site reviews to assure that any estimates or projected figures for training and employment have been achieved to the best of the Contractor's ability. If a high percentage of the employees of and subcontractors for,a program meet Section 3 standard,the good faith efforts of the Contractor will be assumed. If compliance problems are discovered CMD will encourage the Contractor to resolve them. If this-14-1 paw-dr- should fail CMD may request that sanctions(as specified below)be applied. O,rF+ 1q 1iSWON IN SKIM 2 17 0 City of Fort Worth A$irmative Action Plan 2. Grievance Procedures: Any person or business meeting the definitional standards of Section 3 may personally,or by representative, pursue the grievance procedures outlined here. Informal complaints should be directed to CMD for investigation of its Contractor's compliance,or to the Contractor for investigation of the subcontractor's compliance. CMD Contractors will notify CMD of all informal complaints they receive. If the complaint is found valid,CMD will make an effort to secure Section 3 compliance through conferences,persuasion and/or mediation. A written notice specifying the exact nature of the non-compliance will be issued to the non-complying party. The notice will recommend specific action to correct the non-compliance and specify a time limit for doing so. Continued non-compliance may result in the application of the sanctions listed below. If the complainant is not satisfied with the informal complaint procedure,or its outcome,a formal grievance may be filed. The grievance should be in writing and include: (1)the name and address of the grievant;(2)the name and address of the grievant business,if applicable;(2)the name and address of the City,Contractor,or Subcontractor (hereafter called"respondent");(4)a description of the acts or omissions giving rise to the grievance;and(5)the corrective action sought. The grievance should be signed by the grievant and mailed to Program Operations Division,Department of Housing and Urban Development,Fort Worth Regional Office,PO Box 2905,Fort Worth,Texas,76113-2905;or Assistant Secretary for Equal Opportunity,Department of Housing and Urban Development,Washington,DC 20410. A grievance must be filed no later than ninety(90)days from the date of the action(or omission)upon which it is based. The time for filing may be extended by the Secretary of Housing and Urban Development,if good cause is shown. _ Upon receipt of a grievance by the Secretary,a copy of it will be furnished to the respondent. The Secretary will conduct an investigation and will give written notice to both the grievant and respondent as to the decision reached. The grievance may be dismissed or sanctions may be applied,as appropriate. 3. Sanctions: Failure or refusal to comply with or give satisfactory assurances of future compliance with the requirements of Section 3 shall be the proper basis for applying sanctions. Any or all of the following actions may be taken,as appropriate:cancellation,termination,or suspension in whole or in part of the contract or agreement;determination of ineligibility or debarment from any further assistance or contracts under this program until satisfactory assurance of future compliance has been received;referral to the Department of Justice for appropriate legal proceedings. 18 City of Fort Worth A, rmative Action Plan Minority/Women Business Enterprise It is the policy of the City of Fort Worth to involve Minority/Women Business Enterprises in all phases of its procurement practices and to provide them equal opportunities to compete for contracts for construction,professional services,purchases of equipment and supplies,and provision of other services required by the City. The City operates the Minority/Women Business Enterprise(M/WBE)office to assist in the location and certification of Section 3 covered businesses. A list of M/WBE businesses that have been certified by the City of Fort Worth will be provided to you upon request. If you need to secure services or supplies,please contact the City's M/WBE office: CITY OF FORT WORTH M/WBE OFFICE 1000 THROCKMORTON FORT WORTH,TX 76102 (817)392-6104 18 City of Fort Worth Affl?7native Action Plan SECTION 3 ATTACHAUNTS Please Complete and Return Within Seven(7)Days 19 City of Fort Worth Affirmative Action Plan ATTACHMENT B SELF-CERTIFICATION FORM SOCIALLY OR ECONOMICALLY DISADVANTAGED Business/Agency Name: Address: Zip Code: I am a member of the following minority group: (Circle One) Black American Indian/ Asian/ Spanish- Other(Specify) Alaskan Native Pacific Islander Surnamed I own at least 51 percent of the above business: Date: Signature: Title: SELF-CERTIFICATION FORM NON-PROFIT ORGANIZATION This organization is a non-profit organization. Business/Agency Name: Address: Zip Code: Date: Signature: Title: 20 City of Fort Worth Af rotative Action Plan ATTACHMENT D Statement of Release I will not subcontract any work in connection with this project unless I first receive the prior written approval of the Fiscal Services Department,Intergovernmental Affairs and Grants Management Division of the City of Fort Worth. Business/Agency Name: Type of Business/Organization: Address: (Street) (City) (State) (Zip) Signature: Title: 21 H C td U � d0 •N Q O z N C . � y iLid i 3 cd E 'C O 1. p � GQv� d ¢ 4 m � w° H 1 1 1 t y iF iF H 'It' G w � O o � � 0 � a ti z � U O H F � z � A [ Z co > V 2 w 0 O N L� o N EU a 3 w w � o, a a � w .� O O .. o � L w O C U .y W � z O U � zca a N C 0 E 0 4 fi 0 LZ M N s L O 3 L �1 w O •r U STATEMENT OF POLICY ON EQUAL EMPLOYMENT OPPORTUNITY It will be the policy of this firm to not discriminate against any applicant for employment,or any employee,because of race, creed, color, age, sex, or natural origin. This firm will insure that this policy is continually enforced with regard to employment, promotion, upgrading, demotion, transfer, recruitment, and recruitment advertising, lay off and termination,compensation,training,and working conditions. We will make it understood by all with whom we deal, and in all our employment opportunity announcements that the foregoing is our policy. All applicants and employees will be judged solely on the basis of their skill,devotion loyalty,reliability and integrity. Company Name Signature 24 EFFECTIVE APRIL 1. 1990 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT REQUIREMENTS Contractor agrees to comply with the requirements of the Housing and Urban Development Act of 1968, as amended, and with the regulations promulgated thereunder. Specifically, Contractor shall comply with the following Acts and Orders and their regulations: 1. EXECUTIVE ORDER 11246,EQUAL OPPORTUNITY CLAUSE:SECTION 202 During the performance of this Contract,the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color,religion,sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion,sex or national origin. Such action shall include,but not be limited to,the following:employment; upgrading;demotion or transfer,recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex or national origin. C. The Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and with the rules,regulations and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by. rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department of Housing and Urban Development ("the Department") and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations and orders. f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with• any of the said rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor,or as otherwise provided by law. g. The Contractor will include the sentence immediately preceding Paragraph a and the provisions of Paragraphs a through g in every subcontract or purchase order unless exempted by rules,regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department,the Contractor may request the United States V Cuter into such litigation to protect the interest of the United States. ®FF, A RECORD CITY;Wf- AMY 25 FT `ti7M I 1 EW. h. The Contractor shall submit a certification and shall require each of its subcontractors to submit a certification that all facilities provided for employees of Contractor or any subcontractor shall be fully integrated,and Contractor shall not permit its employees to perform their services in any locations under its control where segregated facilities are maintained. L The Contractor and each subcontractor shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and for inspecting and copying such books,records, accounts and other material as may be pertinent to compliance with the Order and the rules and regulations _ promulgated pursuant thereto by the City. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended)and in furtherance of the purposes of the Order and the Act. 2. AFFIRMATIVE ACTION ACTS a. In performance of all contracts, the Contractor will comply with the Affirmative Action Guidelines of Executive Order 11246 and the implementing regulations and documents thereof. b. In performance of all contracts in the amount of$10,000 or more: Contractor will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, and the implementing regulations and documents and shall have on file a written affirmative action policy,which has the stated work force goals of 18.2% minority persons and 6.9% females, and must follow the hiring practices specified in Subsection C,below. Additionally,Contractor agrees to the following provisions: _ (1) The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Acf of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment are given to lower income residents of the project area and contracts for work in connection with the project are awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this contract certify and agree that they are under no contractual or _ other disability which would prevent them from complying with these requirements. (3) The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers'representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will,at the direction of the applicant for or recipient of Federal financial assistance, - take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development as set forth in 24 CFR 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not - let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the Federal financial assistance provided to the project, binding 26 upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant, loan agreement or contract through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135. C. In performance of all contracts in the amount of$50,000 or more,and where the Contractor employs more than twenty-five non-construction employees,the Contractor must promulgate a specific affirmative action plan,and must take specific affirmative action to ensure equal employment opportunities. Contractor shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and are carrying out the Contractor's obligations to maintain such a working environment,with specific attention to minority and female individuals working at such sites or in such facilities. The Contractor, where possible, will assign two or more women to each construction project. (2) Establish and maintain a current list of minority and female recruitment sources and provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred,not employed by the Contractor,this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the City when the union or unions with which the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeships and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subsection(2)above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obliga- tions;by including it in any policy manual and collective bargaining agreement;by publicizing it in the company newspaper or annual report;by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, lay-o$ termination or other employment decision, including specific review of these items with on-site supervisory personnel, such as superintendents and general foremen, prior to the initiation of 27 construction work at any job site. A written record shall be made and maintained identifying the name and place of these meetings,persons attending, subject matter discussed and disposition of the subject matter. (8) Disseminate the Contractor's EEO policy externally by including highlights of it in any advertising ` in the news media,specifically including minority and female news media, and providing written notification to, and discussing the Contractor's EEO policy with, other contractors and subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above,describing the openings,screening procedures and _ tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after-school, summer and vacation employment to minority and female youths,both on the site and in other area of the Contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 _ CFR,Part 60-3. (12) Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training,such opportunities. (13) Ensure that seniority practices,job classifications,work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment- related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non-segregated except as separate or single- { user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 28 (15) Document and maintain a record of all solicitations for subcontracts from minority and female construction contractors and suppliers,including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policy and affirmative action obligations. d. The Contractor shall designate a responsible official to monitor all employment-related activities to ensure that the company.EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the City and to keep records of the same. Records for each employee shall at least include: the employee's name; address; telephone number; construction trade; union affiliation, if any; employee identification number where assigned; social security number,race; sex; status; dates of changes in status; hours worked per week in the indicated trade;rate of pay; and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement,Contractor shall not be required to maintain separate records. 3. COPELAND ANTI-KICKBACK ACT In any contract.involving construction or repair, Contractor agrees to comply,and shall require its subcontractors to comply,with the provisions of the Copeland"Anti-Kickback Act"(IS U.S.C. 874), as supplemented in Department of Labor regulations(29 CFR Part 3). This Act provides that each Contractor or subgrantee shall be prohibited from inducing,by any means, any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitled;and,if found guilty of doing so,shall be fined not more than$5,000 or imprisoned not more than five(5)years,or both. 4. DAVIS-BACON ACT In any contract for construction in excess of $2,000: Contractor agrees to comply, and shall require its subcontractors to comply,with the provisions of the Davis-Bacon Act(40 U.S.C. 276a to a-7). This Act requires contractors to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor and to pay wages not less often than once a week. Specifically, Contractor agrees to comply with the following Department of Labor regulations(29 CFR Part 5): a. Minimum Wages All laborers and mechanics employed or working upon the site of the work performed pursuant to this contract will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act),the full amount of wages and bonafide fringe benefits (or cash equivalents thereof)due at the time of payment,computed at rates not less than those contained in the wage determination of said Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bonafide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Paragraph d of this clause; also, regular contributions made or costs incurred for more than a weekly period under plans, funds or program which occur the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classifications of work actually performed without regard to skill, except as provided in the clause entitled "Apprentices and Trainees." Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein;provided,that the employer's payroll records accurately set forth the time spent in each classification in which work is performed The wage determination(including any additional classifi- cations and wage rates conformed under Paragraph b of this clause) and the Davis-Bacon poster shall be 29 posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where they can easily be seen by the workers. b. Employment of Laborers or Mechanics not listed in Aforesaid Wage Determination Decision (1) The City shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under this Contract shall be classified in conformance with the wage determination. The City shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (a) The work to be performed by the classification requested is not performed by a classification in the wage determination; - (b) The classification is utilized in the area by the construction industry;and (c) The proposed wage rate, including any bonafide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification or their representatives and the City agree on the classification and wage rate, including the amount designated for fringe benefits, where appropriate, a report of the action taken shall be sent by the City to the Administrator of the Wage and Hour Division,Employment Standards Administration, United States Department of Labor. The Administrator, or an authorized representative, will approve,modify or disapprove every additional classification action within 30 days or receipt and so advise the City or will notify the City within the 30-day period that additional time is necessary. (3) In the event the Contractor,the laborers or mechanics to be employed in the classification,and the City do not agree on the proposed classification and wage rate, including the amount designated for fringe benefits,where appropriate, the City shall refer the questions, including the reviews of all interested parties and the recommendations of the City,to the Administrator for determination. The Administrator of the Wage and Hour Divisions, or an authorized representative, will issue a determination within 30 days of receipt and will so advise the City or will notify the City within the 30-day period that additional time is necessary. _ (4) The wage rates determined pursuant to the above provisions shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. C. Fringe Benefits Not Expressed as Hourly Wage Rates Whenever the minimum wage rate prescribed in this Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly raze,the Contractor shall either pay the benefit as stated in the wage determination or shall pay either bonafide fringe benefits or an hourly cash equivalent thereof. CL Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or third person,he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract, provided, however, the Secretary of Labor has found, upon the written request of the Contractor,that the applicable standards of the Davis-Bacon Act have been met. The - Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor with respect to fringe benefits being provided by the Contractor must be submitted to the City with the first payroll filed by the Contractor subsequent to receipt of the findings. e. Underpayments of Wages or Salaries 30 The City shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this Contract or any other federal contract with the same prime Contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the Contractor or any subcontractor, the full amount of wages required by this Contract. In the event of Contractor's failure to properly pay any laborer or mechanic,including any apprentice,trainee or helper employed or working on the site of the work,the City may, after written notice to the prime Contractor, take such action as may be necessary to cause a suspension of any further payment, advance or guarantee of funds until such violations have ceased. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the subcontractor,to their respective laborers or mechanics to whom the same is due or on their behalf to plans, funds or programs for any type of fringe benefit prescribed in applicable wage determination. £ Payrolls and Basic Payroll Records of Contractor and Subcontractors (1) Payrolls and basic records relating to the work performed under the terms of this Contract shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address and social security number of each such worker, his or her correct classification, hourly rate of wages paid (including rates of contributions or costs anticipated for bonafide fringe benefits or cash equivalents thereof), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing benefits under a plan or program described by the Davis-Bacon Act,the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,that the plan or program has been communicated in writing to the laborers or mechanics affected, and the cost anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprenticeships and trainees,and the ratios and wage rates prescribed in the applicable program (2) (a) The Contractor shall submit weekly a copy of all payrolls to the City if the City is a party to the Contract,but if the City is not such a party,the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the City. The payroll submitted shall set out accurately and completely all of the information required to be maintained under Paragraph(1)of this Section. The information shall be submitted in a form approved by the City. The Contractor is responsible for the submission or copies of payrolls by all subcontractors. (b) Each payroll submitted shall be accompanied by a "statement of compliance", signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be maintained under Paragraph (1) of this Section and that such information is correct and complete; (ii) That each laborer or mechanic employed on this Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions. 31 (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalent for the classification of work per- formed, as specified in the applicable wage determination incorporated into this Contract. (c) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Sec. 1001 of Title XVIII and Sec. 231 of Title 3C;IXI of the United States Code. (3) The Contractor or subcontractor shall make the records required under Paragraph (1) of this section available for inspection, copying, or transcription by the City or the Department of Labor or their authorized representatives. The Contractor and subcontractors shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the City may, after written notice to the Contractor,take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. Furthermore, failure to submit the required T records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. g. Employment of Apprentices and Trainees (1) ARprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bonafide - apprenticeship program registered with the U.S.Department of Labor,Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the bureau, or if a person is employed in his or her first 90 days of probationary T employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprenticeship wage rate, who is not registered or otherwise employed as stated above shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on - a project in a locality other than that in which its program is registered,the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at no less than the rate specified in the registered program for the apprentice's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid -• the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a state apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. -- 32 (2) Trainees. Except as provided in 29 CFR S.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification,by the U.S.Department of Labor,Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR Part 30. h. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract,and a statement showing all deductions,if any,to be made from wages actually earned by persons so employed or to be employed in such classifications, in accordance with the provisions of this Contract, shall be posted at appropriate conspicuous points at the site of work. i. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to the classification of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the City for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor,United States Department of Labor,whose decision shall be final with respect thereto. 5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Contractor will comply with all provisions of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327- 332),as supplemented by Department of Labor Regulations(29 CFR,Part 5). Specifically,Contractor will comply with the following standards: a. Overtime Compensation No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics,including watchmen and guards,shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 33 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his or her basic rate of pay for all hours worked in excess of 40 hours in such workweek b. Violation:Liability for Unpaid Wages:Liquidated Damages In the event of any violation of the clause set forth in Paragraph a of this section,the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his or her unpaid wages. In _ addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in Paragraph a of this section. C. Withholding for Unpaid Wages and Liquidated Damages _ The City shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any monies payable on account of work performed by the Contractor or subcontractor under any contract or any other Federal contract with the same Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in Paragraph b of this section. d. Subcontracts The Contractor shall insert in all subcontracts the clauses set forth in Paragraphs a,b,and c of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into,together with a clause requiring this insertion in any further subcontracts that may in _ turn be made. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in this section. 6. CHILD LABOR ACT Contractor will comply with the Child Labor provisions of the Fair Labor Standards Act,29 U.S.C.212-319 and that Act's implementing regulations, found at 29 CFR 570. This Act prohibits the paid or unpaid employment of individuals under the age of 18 years on any construction project. 7. MISCELLANEOUS PROVISIONS a. Complaints,Proceedings,or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. b. Questions Concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of(a)the aforesaid Anti-Kickback Act,(b)the Contract Work Hours and Safety Standards Act,(c)the aforesaid Davis-Bacon Act, (d)the regulations issued by the Secretary of Labor,United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statue, shall be referred, 34 through the City and the Secretary of Housing and Urban Development,to the Secretary of Labor,United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. c. Provisions to be Included in Subcontracts The Contractor or subcontractor shall insert in any Subcontract the above-specified clauses entitled "I COPELAND ANTI-KICKBACK ACT," "4. DAVIS-BACON ACT," "5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT," "6. CHILD LABOR ACT," "7. MISCELLANEOUS PROVISIONS" and such other clauses as the City may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all the contract clauses cited above. d. Breach of Foregoing Federal Labor Standards Provisions In addition to the causes for termination of this Contract,as herein elsewhere set forth,the City reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of the foregoing Federal Labor Standards provisions. A breach of these Federal Labor Standards provisions my also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor,United States Department of Labor. e. Employment Practices The Contractor shall (1), to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed,and (2)insert or cause to be inserted this provision in each construction subcontract. f. Contract Termination;Debarment A breach of any of the Acts or regulations specified in Paragraph c,above,may be grounds for termination of this Contract and for debarment as a Contractor and a subcontractor,as provided in 29 CFR 5.12. g. Disputes Concerning Labor Standards Disputes arising out of the Labor Standards provisions of this Contract shall not be subject to the General Disputes Clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR,Parts 5,6 and 7. Disputes,within the meaning of this Clause, include disputes between the Contractor or any of its subcontractors; and the City,the U.S.Department of Labor,their employees or representatives. h. Certification of Eligibility (1) By entering into this Contract, the Contractor certifies that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Sections 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of the above-mentioned sections. 35 8. CLEAN AIR AND WATER ACT a. Contractor shall comply with all requirements of Section 114 of the Clean Air Act, as amended(42 U.S.C. 1857, et seq.). and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) relating to inspection,monitoring,entry,reports and information,as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this Contract. b. No portion of the work required by this Contract will be performed in a facility listed on the EPA List of Violating Facilities on the date when this Contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. C. Contractor shall use its best efforts to comply with clean air standards and clean water standards at all facilities in which the Contract is being performed. d. Contractor shall insert the substance of the provisions of this clause into any non-exempt subcontract, including this Paragrapli. 9. LEAD BASED PAINT HAZARD In all contracts for construction or rehabilitation of residential structures,the Contractor and all subcontractors shall comply with the Lead-Based Paint regulations found in 24 CFR 35 and shall comply with the provisions for the T elimination of lead-based paint hazards under Sub-Part B thereof. 10. RESPONSIBILITY OF CONTRACTOR REGARDING REPORTS Contractor will-comply with the requirements of the City of Fort Worth's Fiscal Department, Intergovernmental Affairs and Grants Management regarding the compiling and reporting of statistical information required by the Federal regulations outlined above. Specifically,Contractor agrees to submit all completed reports according to the _ instructions and requirements of the Fort Worth Fiscal Services Department/Intergovernmental Affairs and Grants Management,and Contractor understands the failure to do so may be cause for termination of this contract. 36 CERTIFICATION AND ACKNOWLEDGMENT I certify that I have read and understand the information regarding my obligations as a Contractor on a project funded by the United States Department of Housing and Urban Development, which is contained in the preceding Contract provisions. I understand that, should I have any questions regarding my obligations, I will as soon as possible contact the Fort Worth Budget and Management Services Department(Contract Management Division staff member who is assigned to monitor this Contract. Contractor: By: Title: z� U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 CFR 12319-25). The implementing rules and regulations provide that any bidder or prospective cohtractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the Contract whether they have participated in any previous contract or subcontract subject to the Equal Opportunity Clause; and, if so,whether they have filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes 13 No O(If answer is yes,identify the most recent contract.) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes E3No❑ 3. Bidder has filed all compliance reports due under applicable instructions,including SF-100. Yes 13 No❑ 4. If answer to item 3 is"No,"please explain in detail on reverse side of this certification. Certification-The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer(Please Type) Signature Date 38 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION REGARDING LOBBYING The undersigned certifies,to the best of his or her knowledge and belief;that: (1) No Federal appropriated funds have been paid or will be paid,by or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the raking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form- LLL,'Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and coopera- tive agreements)and that all subrecipients shall certify and disclose accordingly. Signature Title Date 39 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATE OF OWNER'S ATTORNEY I,the undersigned, ,the duly authorized and acting legal representative of do hereby certify as follows: I have examined the attached Contract(s)and surety bonds and the manner of execution thereof; and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives;that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon;and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms,conditions and provisions thereof. Signature- Date: 40 U.S.DEPARTMENT OF LABOR WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS INSTRUCTIONS FOR COMPLETING PAYROLL FORM WH-347 General: The use of WH-347, payroll form, is not mandatory. This form has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out,this from will satisfy the requirements of Regulations,Parts 3 and 5 (29 CFR, Subtitle A),as to payrolls submitted in connection with contracts subject to the Davis Bacon and related Acts. This form meets needs resulting from the amendment of the Davis-Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay not less than fringe benefits as predetermined by the Department of Labor,in addition to payment of not less than the predetermined rates. The contractor's obligation to pay fringe benefits may be met either by payment of the fringes to the various plans, funds, or programs or by making these payments to the employees as cash in lieu of fringes. This payroll provides for the contractor's showing on the face of the payroll all monies paid to the employees, whether as basic rates or as cash in lieu of fringes and provides for the contractor's representation in the statement of compliance on the rear of the payroll that he is paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions concerning the preparation of the payroll follow: Contractor or Subcontractor: Fill in your firm's name and check appropriate box. Address: Fill in your firm's address. Column 1-Name.Address,and Social Secun Number of Employee: The employee's full name must be shown on each weekly payroll submitted. The employee's address must also be shown on the payroll covering the first week in which the employee works on the project The address need not be shown on subsequent weekly payrolls unless his address changes. Although not required by Regulations, Parts 3 and 5, space is available in the name and address section so that Social Security numbers may be listed. Column 2-Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations,Parts 3 and 5. Column 3-Work Classifications: List classification descriptive of work actually performed by employees. Consult classifications and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary,see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown of hours so worked is maintained and shown on submitted payroll by use of separate line entries. 41 Column 4-Hours Worked: On all contracts subject to the Contract Work Hours Standards Act enter as overtime _ hours all hours worked in excess of 40 hours a week. Column 5-Total: Self-Explanatory. Column 6-Rate of Pay.including Fringe Benefits: In straight time box,list actual hourly rate paid the employee for straight time worked plus any cash in lieu of fringes paid the employee. When recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus $3.25/.40. This is of assistance in correctly computing overtime. See "FRINGE BENEFITS" below. In overtime box show overtime hourly rate paid,plus any cash in lieu of fringes paid the employee. See"FRINGE BENEFITS"below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standards Act for 1962. In addition to paying not less than the predetermined rate for the classification in which the employee works,the contractor shall pay to approved plans,funds,or programs or shall pay as cash in lieu of fringes amounts predetermined as fringe benefits in the wage decision made part of the contract. See "FRINGE BENEFITS"below. FRINGE BENEFITS - Contractors who pav all required fringe benefits: A contractor who pays fringe benefits to approved plans,funds or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of the payroll the basic cash hourly rate and overtime rate paid to his employees just as he has always done. Such a contractor shall check paragraph 4(a) of the statement on the reverse of the payroll to indicate that he is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in Section 4(c). Contractors who pay no fringe benefits: A Contractor who pays no fringe benefits shalt pay to the employee, and insert in the straight time hourly rate column of the payroll,an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes,the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringes at the straight time rate. In addition,the contractor shall check paragraph 4(b)of the statement on the reverse of the payroll to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c).Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a)or 4(b),whichever the contractor may check,shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to plans, funds, or programs as fringes. The contractor shall pay, and shall show that he is paying to each such employee for all hours (unless otherwise provided by applicable determination)worked on Federal or Federally assisted project an amount not less than the predetermined rate plus cash in lieu of fringes as shown in Section 4(c). The rate paid and amount of cash paid in lieu of fringe benefits per hour should be entered in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate. Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of the employee's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus$63.00/120.00. Column 8-Deductions: Five columns are provided for showing deductions made. If more than five deductions _ should be involved,use first 4 columns;show the balance of deductions under"Other"column;show actual total under"Total Deductions"column;and in the attachment to the payroll describe the deductions contained in the "Other"column. All deductions must be in accordance with the provisions of the Copeland Act Regulations,29 43 CFR,Part 3.If the employee worked on other jobs in addition to this project,show actual deductions from his weekly gross wage,but indicate that deductions are based on his gross wages. Column 9-Net Wages Paid for Week: Self-explanatory. Totals-Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Required by Regulations,Parts 3 and 5: While this form need not be notarized,the statement on the back of the payroll is subject to the penalties provided by 18 USC 1001,namely,possible imprisonment for 5 years or $10,000.00 fine or both. Accordingly,the party signing this required statement should have knowledge of the facts represented as true. Space has been provided between items(1)and(2)of the statement for describing any deductions made. If all deductions made are adequately described in the"Deductions"column above,state"See Deductions column in this payroll". See paragraph entitled"FRINGE BENEFITS"above for instructions concerning filling out paragraph 4 of the statement. 44 U.S.Department of Housing and Urban Development CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES Project Name Date Location Project No. (I)(We)hereby certify that(I am)(we are)(the prime contractor)(a subcontractor)for (Specify"General Construction","Plumbing",'Roofing",etc) in connection with construction of the above-mentioned Project,and that(1)(we)have appointed whose signature appears below, to supervise the payment of (my) (our) employees beginning ,20__;that he/she is in a position to have full knowledge of the facts set forth in the payroll documents and in the statement of compliance required by the so-called Kick-Back Statute which he/she is to execute with(my)(our)full authority and approval until such time as (I) (we) submit to a new certificate appointing some other person for the purposes hereinabove stated. (Identifying Signature of Appointee) Attest(if required): (Name of Firm or Corporation) (Signature) (Signature) (Title) (Title) NOTE: This certificate must be executed by an authorized officer of a corporation,by a member of a partnership,or the sole owner and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed,a new certificate must accompany the first payroll for which the new appointee executes a statement of compliance required by the Kick-Back Statute. OFFICIw1 AP�CO2& FF, "OHN, TEX. 45 CD e� - §0LL§ ¢3 o � oz LL U § k /§ c S § 2 � o w § § 7 P B / � O k (�2 $ c LA- S 2 C? _ O=z $ 2 m#§ ƒ < - §0� ■ k $ /\ I - 00 � c � 2 § CD C ® § M m 2 § 2 g 2 a % 0 M 2 = . $ OF- OW w1.- o o . o . o . o o . o ca o . 2 z s » K 3 O � o 0 L E § a 0§ § § / 7§§ § k U) to § � 6 - @§■ § § O fLU LU ■w S \ )(° U)k 2 0 § e } U.S.DEPARTMENT OF LABOR STATEMENT OF COMPLIANCE Form Approved WAGE AND HOUR AND PUBLIC Budget Bureau No. 44-R1090 CONTRACTS DIVISIONS Date I, , do hereby state: (Name of signatory party) (Title) (1) That I pay or supervise the payment of the persons employed by (Contractor or subcontractor) on the that during the payroll period commencing on the day of (Building or work) 20 and ending the day of 20_, all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said (Contractor or subcontractor) from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 stat. 948.63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained, in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States. Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS O In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH O Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (Craft) EXPLANATION Remarks Name and Title Signature THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. 49 *EMPLOYEES STATEMENT OF WORK VERIFICATION The undersigned hereby certifies that he has engaged in the following work classifications for the payroll week beginning and ending (Date) and was employed by (Date) (Name of Company) WORK S M T W TH F SAT TOTAL RATE OF GROSS CLASSIFICATION HOURS PAY PAY TOTALS (Employee's Signature) `This information is required when an employee is used in more than one classification during any payroll period;for example, Carpenter for part of a day or week, and laborer or other classification for the remainder of the time, and is paid different rates of pay for each classification. If the employee is paid the higher rate(s)for all work performed, this form is not required. CITY M"AMMY 50 Payroll Deduction Authorization This is the authorization to the to deduct from my paycheck$ "This is for item number: REPAYMENT OF: 1. Loan 7. Credit Union 2. Retirement 8. Profit Sharing 3. Advance on Wages 9. Donations to Agencies 4. Savings 10. Insurance Premiums 5. Savings Bonds 11. Union Dues 6. Uniforms 12. *This deduction is to be made: CHECK APPROPRIATE BOX ❑ Onetime only ❑ Weekly ❑ Bi-weekly ❑ For weeks Date: Employee's Signature: Printed or Typed Name: Project Name and Number: 51 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT INPUT SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To(Approprfate Redpient) Date C/O Project Number(If any) Project Name 1. The undersigned, having executed a contract with (Name of Contractor or Subcontractor) for (Nature of Work) In the amount of$ In the construction of the above-identified project, certifies that: (a) The Labor Standards Provisions of The Contract for Construction are included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership, or association in which he has a substantial Interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b)of the Regulations of the Secretary of Labor, part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated. as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about (Nature of work) In the amount of$ 3. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: a� (9) A Single Proprietorship: (3) A Corporation Organized in the State of: (2) A Partnership: (4) Other Organization(Describe) (c)The name,title and address of the owner, partners or officers of the undersigned are: Name Title Address (d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersi ned, and the nature of the interest are(If none, so state): Name Address Nature of Interest (e) The names, addresses and trade classifications of all other building construction contractors in which the undersi ned has a substantial interest are if none, so state): Name Address Nature of Interest (Subcontractor) By (Signature) (Typed Name and Title) Sd WARNING U. S. Crimnal Code, Section 1010, Title 18, U.S.C, Provides in part: 'Whoever ... makes, passes, alters, or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisioned not more than two years, or both." SS FoRTWORTH City of Fort Worth Community Development Block Grant Funded Project FORM PACKET Complete Before or the Start of the Work (the earliest) Project Name: Pre-Construction Conference Date: Grant Monitors: Sherry Johsnon Marilyn Jackson (817) 392-7333 (817)392-7536 DEPARTMENT OF BUDGET & MANAGEMENT SERVICES Division of Grants Management&Contract Compliance THE MY OF FORT WORTH•1000 THROCKMORTON STREET•FORT WORTH,TEXAS 76102 (817)392-7563•FAX(817)392-8383 City of Fort Worth Budget and Management Services Community Development Block Grant (CDBG) Funded Construction Projects SUB WHO COMPLETES SUBMIT PRIME REQUIRED FORM FORM DUE TO: SUBMIT TO: Payroll Forms You are not required to use The prime contractor Beginning the first week your Payroll Form WH-347. You should review ea. company works on a project _ may use any other type of Subcontractor's and for every week payroll, such as payroll reports for afterward until your firm has computerized formats, as compliance prior to completed its work, Number long as it has all of the submitting the reports the payroll reports beginning information that is required to Contract with#1 Initial and clearly Contract on the WH-347 Compliance mark you last payroll"Final" PRIME Compliance U.S. Department of Labor Statement of Compliance Contractor and Attach to the weekly payroll Contract Form Subcontractors with original signature PRIME Compliance Required when employee is used in more than one classification, and specify Employees Statement of Contractor and different rates of pay during Contract Work Verification Form Subcontractors any payroll period. PRIME Compliance Only one employee authorization is needed for recurring deductions. This Employees Must should accompany the Payroll Deduction Authorize All FIRST Payroll on which the Contract Authorization Form Deductions deduction appears PRIME Compliance U.S. Department of HUD - Community Block Grant Input Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Contract Requirements Form Subcontractor Before start of work PRIME Compliance NOTICE TO ALL EMPLOYEES Working on Federal or Federally Funded Finance Construction Post on site at the start of Projects Contractor Must Post construction POST POST Equal Employment Opportunity Poster U.S. Post on site at the start of Department of Labor Poster Contractor""ust Post lconstruction POST POST Post on site at the start of Project Designation Sign Contractor Must Post construction POST POST Prime Contractor Forwards All Forms To The Contract Compliance Monitor U. S.DEPARTMENT OF LABOR WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS INSTRUCTIONS FOR COMPLETING PAYROLL FORM WH-347 General: The use of WH-347,payroll form,is not mandatory. This form has been made available for the convenience of contractors and subcontractors required by their Federal or Federally,-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out, this from will.satisfy the requirements of Regulations,Pmts 3 and 5 (29 CFR,Subtitle.& as to payrolls submitted in connection with contracts subject to the Davis.-Bacon and related Acts. This form meets needs resulting from the amendment of the Davis Bacon Act'to include fringe benefits provisions. Under this amended law,the contractor is required to pay not less than fringe benefits as predetermined by the Department of Labor,in addition to payment of not less than the predetennined•rates. The contractor's obligation to pay fringe benefits may be met either by payment of the fringes to the various plans,funds, or programs or by making these payments to the employees as cash in lieu of fringes. This payroll provides for the contractor's showing on the face of the payroll all monies paid to the employees, whether as basic rates or as cash in•heu of fringes and provides for the contractor's representation in the statement of compliance on the rear of the payroll that he is paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions conceming the preparation of the payroll follow: Contractor or Subcontractor. Fill in your firm's name and check appropriate box. Address: Fill in your firm's address. Column 1 -Name. Address, and Social Security Number of Emvlo .Q : The employee's full name must be shown on each weekly payroll submitted. The employee's address must.also be shown on the payroll covering the first'week in which the employee works on the project. The address need not be shown on subsequent weekly payrolls unless his address changes. Although not regi&ed by Regulations,Parts 3 and 5, space•is available in the name and address section•so that Social Security numbers maybe listed. Column 2 - Withholding Exemvtions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations,Parts 3 and 5. Column 3 - Work Classifications: List classification descriptive of work actually performed by employees. Consult classifications and minimum wage schedule set forth is contract specifications. If additional classifications are deemed necessary,see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown of hours so worked is maintained and shown on submitted payroll by use of separate line entries. Column 4-Hours Worked:.On all contracts subject to the Contract Work Hours Standards Act enter _ as overtime hours all hours worked in excess of 40 hours a week. Column 5 - Total: Self-Explanatory. - Column 6-Rate of Pay.including Fuge Benefits: In straight time box,list actual hourly rate paid the employee for straight time worked plus any.cash in lieu of fringes paid the employee. When T recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate,thus $3.25/.40. This is of assistance in correctly computing overtime. See"FRINGE BENEFITS"below. In overtime box show overtime hourly rate paid,plus any cash in lieu of ffriuges paid the employee. See"FR.INGE BENEFITS"below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standards Act T for 1962. In addition to paying not less than the predetermiined rate for the classification in which the employee works, the contractor shall pay to approved plans, funds, or programs or shall pay as cash in lieu of fringes amounts predetermined as fringe benefits in the wage decision made part of the contract. See"FRINGE BENEFITS"below. Fi2TNCY 3 BENEFITS - Contractors who pav all=Wr—ed frino benefits: A contractor who pays fringe benefits to approved plans,funds or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of the payroll the basic cash hourly rate and overtime rate paid to his employees just as he has always done. Such a contractor shall check paragraph 4(a) of the statement on the reverse of the payroll to indicate that he is also paying to approved plans, funds, or programs not less than'the amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in Section 4(c). Contractors who pav no Z=e benefits: A Contractor who pays no fringe benefits shall pay to the employee, and insert in the straight time hourly rate column of the payroll, an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary tQ pay time and a half - on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate,plus the half time premium ori basic or regular rate,plus the required cash in lieu of fringes at the straight time rate. In addition, the contractor shall check paragraph 4(b) of the statement on the reverse of the payroll to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(-c), Excogons Any contractor who is making payment to approved plans,funds,or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a)or 4(b),whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation — column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to plans, fiords, or prograums as Tinges. The contractor shall pay, and shall show that he is paying to each such employee for all hours(unless otherwise provided by applicable determination)worked . TM on Federal or Federally assisted project an amount not less than the predetermined rate plus cash in lieu of fringes as shown in Section 4(c). The rate paid and amount of cash paid in lieu of fringe benefits p6r hour should be entered in column 6 on the payroll_ See paragraph on"Contractors who pay no fringe benefits" for computation of overtime rate. Column 7 -. Gross Amount Earned: Enter gross amount eamed on this project. If part of the employee's weekly wage was earned on projects other than the project described on this payroll, enter in column.7 first the amount earned on the Federal'o•r Federally assisted prof eat and then the gross amount earned during the week on all projects,thus $63.00/120.00. Column 8 -Deductions: Five columns are provided for showing deductions made. If more than five deductions should be involved,use first 4 columns; show the balance of seductions under "Other" column; show actual total under"Total Deductions" column; and in the attachment to the payroll describe the deductions contained in the"Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29-CFR,Part 3. If the eta- ployee workdd on other jobs in addition to this project, show actual deductions from his weekly gross wage,but indicate that deductions are based on his gross wages. Column 9 -Net Wages Paid for We Self-explanatory. Totals- Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Requ' ed.by Regulations. Paz#s 3 and 5: While this form need not be notarized,the statement on the back'of the payroll is subject to the penalties provided by 18.USC 1001, namely,possible imprisonment-for 5 years or $10,000.00 fine or both. Accordingly,the party signiug-this requiied statement should have knowledge of the facts represented as true. Space has been provided between items (1) and(2) of the statement for describing any deduc- tions made, If all deductions made are adeq'uatelq described in the "Ded-actio&' c6lumn above, state"See Deductions column in this payroll". See paragraph entitled "FRINGE BENEFITS" above for instructions concerning filling out paragraph 4 of the statement. L MUD C:UvfY DOCUIvvIENNTSTRE-CONSTRUCTION PACKEl1F PAYROLL]NS'iRIJMIONS WH347.DOC f SVIVIENY U.S.DEPARTMENT OF LABOR STATEMENT OF COMPLIANCE Form Approved WAGE AND HOUR AND PUBLIC Budget Bureau No. 44-81090 CONTRACTS DMSIONS Date do hereby state. (Name of signatory party) (Title) (1) That I pay or supervise the payment of the persons employed by (Contractor or subcontractor) on the ; that during the payroll period commencing on the day of (Building or work) 20__ and ending the day of 20_,, all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said (Contractor or subcontractor) from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other tban permissible deductions as defined in Regulations, Part 3 (29 CFR Subtile A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948.63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conford with the work he performed. (3) That any apprentices employm:d-in the above period are•duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) Tbatz (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such'employees, except as noted in section A(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH a Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. ,t. .� (c) EXCEPTIONS ERI: Wif' — IBN'v ; My +=•�y .zs•*,^e°' � � f1' ry- MMR :: r. "~ �S x� Remarks Name and Title Signature THE WILFUL FALSIFICATION OF ANY OF ME ABOVE STATEMENTS MAY SUBJECT TSE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE INITED STATES CODE. GSA D669 .2222 Form WE-348(1/68) *EMPLOYEES STATEMENT OF WORK VERIFICATION The undersigned hereby certifies that he has engaged in the following work classifications for the payroll week beginning and ending (Date) and was employed by (Date) (Name of Company) 8,01 T .. 6c7' i� � ' ,.2 - -_ •4•s' .DiCl' ®? • kms ^vc �5 - M .�, TOTALS (Employee's Signature) *This information is.required when an employee is used in more than one classification during any payroll period; for example, Carpenter for part of a day or week, and laborer or other classification for the remainder of the time, and is paid different rates of pay for each classification. If the employee is paid the higher rate(s)for all work performed, this form is not required. Payroll Deduction Authorization This is the authorization to the to deduct from my paycheck $ * This is for item number. REPAYMENT OF: 1. Loan 7. Credit Union 2. Retirement 8. Profit Sharing 3. Advance on Wages 9. Donations to Agencies 4. Savings 10. Insurance Premiums 5. Savings Bonds 11. Union Dues 6. Uniforms 12. *This deduction is to be made: CHECK APPROPRIATE BOX ❑ One time only ❑ Weekly ❑ Bi-weekly ❑ .For weeks Date: Employee's Signature Printed or Typed Name: - Project Name and Number. K PAYROLL DMUMON AUmoRQATION U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT INPUT SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To(Appropriate Recipient) Date C/O Project Number (If any) Project Name 1. The undersigned, having executed a contract with (Name of Contractor or Subcontractor) for (Nature of Work) In the amount of$ In the construction of the above-identified project, certifies that: (a) The Labor Standards Provisions of The Contract for Construction are included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership, or association in which he has a substantial Interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) bf the Regulations of the Secretary of Labor, part 5 (,29 CFR, Part 5), or pursuant to Section 3(a) of the Davis- Bacon Act, as amended (40 U.S.C.276&-(a)). (c) No part of the aforementioned•contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation,partnership or association in which such subcontractor has a substantial interest is designated as.an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2.• He agrees to obtain and forward to the contractor,for transmittal to the recipient,within ten days after the execution of any lower subcontract,a Subcontractor's Certificatioh Conceming Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about (Nature of work) In the.amount of$ 3. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A Single Proprietorship: .(3)'A Corporation Organized in the State of: (2) A Partnership: (4) Other Organization (Describe) (c) The name, title and address of the owner, partners or officers of the undersigned are: (d) The names and addresses of all other persons, both natural-and*corporate, having a substantial interest in the undersigned, and the nature of the interest are(If none, so state): NO t nes. A -r =11,.^f�5ME S.. 1i�lwNONE11 ,,.N ^ R+F• F�Ty_ ai[s v uq�WGes. ty rc,yr v Uj- �.S 'i 2 urP.o a&Es . .x - MINE' E?u.l"6i .^N3�_ir �, .ash J (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are(if none,so state): (Subcontractor) By (Signature) (Typed Flame and Title) WARNING U. S. Comnal Code, Section 1010, Title 18, U.S.C, Provides in part: 'Whoever ... makes, passes, alters, or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisioned not more than two years, or both." t��taENT pR(�N aNOnCE C s fO OTSEMPLCYEES pi W TDALL # ■ rwon era or0 nstructionFinanced You must be paid not less than the wage rate in the schedule posted with this Notice for the VAGO kind of work you perform. CNERTMIE You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. CM Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, contact the PAY Contracting Officer listed below: �oR`.,�oM City of Fort Worth Budget and Management Services, Contract Management, Sherry Johnson 1000 Throckmorton St. Fort Worth,TX 76102 or you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices in several hundred communities throughout the country. They are listed in the U.S. Govemment section of most telephone directories under U.S. Department of Labor Employment Standards Administration employ » t oft L.bor Yu Publleatlon 1321 AdmWg3fttlon • • WOM end How DWalon STATEMENT OF POLICY ON EQUAL EM[PLOYM ENT OPPORTUNITY It will be the policy of this firm to not discriminate against any applicant for employment, or any employee,because of race, creed, color, age, sex, or natural origin. This firm will insure that this policy is continually enforced with.regard to employment,promotion,upgrading,demotion,transfer, recruitment, and recruitment advertising, lay off and termination, compensation, training, and working conditions. We will make it understood by all with whom we deal, and in. all our employment opportunity announcements that the foregoing is our policy. All applicants and employees•wM be judged solely on the basis of their skill,devotion loyalty,reliability and integrity. Company Name 4 Signature CONTRACTOR INFORMATION Date PROJECT: 1. Contractor. 2. Address: 3. City- .4. Telephone: Fax: S. Federal I.D. #: 6. Officers of the Corporation: President: RaciaVEthnic Ownership: White American Vice President: z-Black American 3-Native American 4-Hispanic American Secretary: 5-Asim7acific American 6-Hasidic Jew Treasurer. v 7. If sole owner or partnership, list owner(s): I certify at the time of execution, hereof, neither my company nor my corporate officers (if incorporated)are listed in the list of Debarred,Suspended, and Ineligible Contractors maintained by the Department of Housing and Urban Development(HUD). Signatura START OF CONSTRTJCTFON (Date) Project Name: Project Location: Project Number: - U.S. Depmtnent of Labor Wage Decision: This is to inform you that the (Name of Company) of , (Address)- (City/town) hasstarted work on the above referenced project covered by our (State) (Zip) coatract with-you, as of (Date) Resper fiilly yours, (Name of Company) By (Signature) (Title) CONSTRUCTION COMPLETE Project Name: Project Location: Project Number: U.S.Department of Labor Wage Decision: This is to inform you that the (Name of Company) of 3- (Address). (Address). (CitY/Town) has terminated work on the above referenced project covered by our (State) (Zip) contract with you, as of (Date) Respectfully Yours, (Name of Company) BY -- - (Signature) -4 City of Fbrt Worth Affbw lve Actic ATTACEMMNT B SELF-CERTIFICATION FORM SOCIALLY OR ECONONIICALLY DISADVANTAGED Business/Agency Name: Address: Zip Code I am a member of the following minority group: (Circle One) Black American Indian/ Asian/ Spanish Other(Specify) Alaskan Native Pacific Islander Surnamed I own at least 51 percent of the above business: Date: Signature: Title.' r SELF CERTIFICATION FORM NON-PROFIT ORGANIZATION This organization is a non-profit organization. Business/Agency Name: Address: Zip Code Date: Signature: Title: ' B-1 = City of Fort Worth 4ffi rnatfve Actic ATTACE M8NT D Statement of Release I will not subcontract any work in connection with this project unless I first receive the prior written approval of the Fiscal Services Departments In#ezgovernmental Affairs and Grants Management Division of the City of Fort Worth. Business/Agency Name: Type of BusinesOOrganization: Address: ' (Street) (City) (State) (Zip) Signature: Title: D-I __ --____ _�_�_ —.�..�—.......w.ww�� n a regent a�[L+ 1/TTI1•�T aT•A•TT r%r, CERTIFICATION AND ACKNOWLEDGMENT I certify that I have read and understand the information regarding my obligations as a Contractor on a project funded by the United States Department of Housing and Urban Development, which is contained in the preceding Contract provisions. I understand that, should I have any questions regarding my obligations, I will as soon as possible contact the Fort Worth Budget and Management Services Department/Contract Management Division staff member who is assigned to monitor this Contract. Contractor: By Title: 37 U S.Department of Housing and Urban Development CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES Project Name Date Location Project No. (n (We)hereby certify that(I atn)(we are) (the prime contractor) (a subcontractor)for (Specify"General Construction", "Plumbing", "Roofing", etc) in connection with construction of the above-mentioned Project, and that(n (we)have appointed whose signature appears below,to supervise the payment of(my) (our)employees beg . 19 ;that he/she is in a position to have full knowledge of the facts set forth in the payroll documents and in the statement of compliance required by the so-called Kick-Back Statute which he/she is to execute with(my) (our)full authority and approval until such time as (n (we)submit to 'a new certificate appointing some other person for the purposes hereiiaabove stated. (Identifying Signature of Appointee) Attest(if required): (Name of Firm or Corporation) By. (Signature) (Signature) (Title) (Title) NOTE:•This certificate must be executed by an authorized officer of a corporation,by a member of a partnership, or the sole owner and shall be executed prior to and be submitted withthe first - payroll. Should the appointee be ohanged,anew certificate must accompany the first payroll for which the new appointee executes a statement of compliance required by the Dick-Back Statute. DAL/DAO-1340.3/2 (6-79) rn W U- m = a mz O z c z °-° 6 LL U O) ¢. OW O 0 'LL m Z U w LU� o O o , U 0. SO �r C • Z O 10zw O e7 ¢ c 0=d U U O O T flO U.} LO • �° �0 IL N � U � G W m 2 a a R_ 0) O yz z a y o 0 IL � W o . 4 LL m O = , .H ,0 O F•H O K N f- O h O tq O to O h O N O H O y O N V V � oLL U e N gill. o . c °m o o m O Q 4 �- N}Z E17 rL Wt0 x ❑ r. .O OS IL P� QW W W W WJO O 0 2U O Z co U J . c O d Q: E ->1 SUBCONTRACTOR INFORMATION (To be completed by contractor) Date PROTECT: 1. Subcontractor: 2. Contract Amount: - 3. Address: 3. City: 4. Telephone: Fax: 5. Federal LD.#: RaciaU ffinic Owner 1 -White American 2-Black American 3 -Native American 4-Hispanic American 5-Asian/Pacific American 6-Hasidic Jew . ry • 'G .'y V �+" V z � � .A a _ _ w o •`° � a .� o oFQcn rhwEc ai ca co U A O C�' co X o w a E-4 w a z � A p E . U co O z w O * ° p O z P4 w o WON O ' o b F o � U y Z z UjO--•�11 _G V y O STATEMENT OF POLICY ON EQUAL EMPLOYMENT OPPORTUNITY It will be the policy of this firm to not discriminate against any applicant for employment, or any employee,because of race, creed, color, age, sex, or natural origin. TJs firm will insure that this policy is continually enforced with.regard to employment,promotion,upgrading,demotion,transfer, recruitment, and recruitment advertising; lay off and termination, compensation, training, and working conditions. We will make it understood by all with whom we deal, and in all our employment opportunity announcements that the foregoing is our policy. All applicants and employees-will be judged solely on the basis oftheir skill,devotion loyalty,reliability and integrity. Company Name Signature U.S. DEPARTMENT OF ROUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 CFR 12319- 25) . The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the Contract whether they have participated in any previous contract or subcontract subject to the' Equal Opportunity Clause; and, if so, whether they have filed all compliance reports due under applicable instructions. Where the certification -indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a. compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: I. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ❑ No ❑ (If answer is yes, identify the most recent contract.) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Ye s ❑ No ❑ 3. Bidder has filed all compliance reports due under applicable instructions; including SF-100. Ye s ❑ No ❑ 4. If answer to item 3 is "No, " please explain in 'detail on reverse side of this certification. Certification - The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature : Date U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his,'or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by br will be paid, by or on behalf of the undersigned, to any person for inflv.encing or attempting to influence an officer or employee of any agency; a Member of Congress, an officer or employee of Congress, -or an employee of a Member of Congress in connection with the awarding of any * Federal• . contract, the raking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, •or modification •of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other then Federal appropriated funds have been paid or will be paid- to any person for influencing or attempting to influence an - officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned skull complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and coopera- tive agreements) and that all subrecipients shall certify and disclose accordingly. Signature Title Date Ce\NY D0= —CON5'ftU=ION PACKET\E MCOTIYE oEDER 112afj,IW_ - City of Fort Worth, Community Development Block Grant Funded Construction Projects (Davie-Bacon Applicable) TO: ALL CONTRACTORS,SUB-CONTRACTORS,AND PAYROLL CLERICS ETC. FROM: SHERRY JOHNSON,CONTRACT COMPLIANCE SPECIALIST RE: PAYROLL PROCEDURES 1. Payrolls are to be submitted,in original only,to the Contract Compliance Specialist,Finance Department 1000 Throckmorton,Fort Worth,Texas 76102 on or before 5:00 p.m. of the seventh day following the close of that pay period, using Form WH-347 or equivalent certified payrolls (when approved by the Contract Compliance Specialist). 2. Payroll not submitted on time will be sufficient cause to withhold monies due for previous Pay requests. 3. For All Contractors Exceeding$10,000—When a Contractor or Subcontractor arrives on the job in order to commence work,he/she shall submit,with the initial payroll,a Notice of Start Letter, a cert ficate from Contractor/Subcontractor a�ipointed officer or emplyee to supervise payment of employees, a certoZcate regarding Equal Employment Opportunity, a Labor Standards and Prevailing Wage Requirements Certification, and the Affirmative Action Agreement. 4. Payrolls are to numbers consecutively beginning with#1, submitting payroll for each week until work is completed. 5. Show Contractors and Subcontractors IRS NUMBER ON THE INITIAL PAYROLL 6. Whenever a Subcontractor is absent from the job during a complete pay period, he/she shall submit"No Work'payroll on the WH-347 for that period. 7. When a Subcontractor leaves the job permanently after having completed a contract, the final payroll should state "Final". 8. Any time an error is found in the payroll whereby an employee is under paid for that particular pay period,a supplemental payroll shall be submitted, for that employee or those employees. Together with the payroll, a Receipt for payment and Back Wages statement and a copy of the check issued to pay the back wages shall be submitted. 9. Payrolls shall be correct and(preferable in ink,no pencil entries) must include the following items: a. Employees Name b. Employees Address - c. Employees Social Security Number d. Employees correct classification (as shown on the Department of Labor wage decision). All classifications used must be shown on the wage -- determination. e. Exact hourly rate of pay (shown on wage decision). Can be more than that shown,but never less). T f. Daily and weekly total number of hours worked(if several trades during that particular pay period). g. Allowable deductions made. Allowable deductions are F.I.C.A. and Withholding Tax. The Payroll Deduction Authorization Form, signed by the employee authorizing these deductions,shall accompany all other deductions shown. This form only needs to be submitted once if there will be no new deductions. h. Total actual wages paid. If the employee or employees work more than one trade during any given period,it should be shown on the payroll and accompanied by an Employee's Statement of Work Verification signed by the employee,showing that he/she did work the various hours on the payroll in the various trades. — Note: Only the wage rater provided by the Department of Labor are used for thisprojece. The contract must be signed within 90 days of the bid opening or the biddingpmcess for thepmject must start again or the Contractor may choose to accept any wage modifications I'you have any questions,please contract me at(817)392-7333. — WEATHER TABLE AVERAGE DAYS INCHES SNOW/ICE MONTH RAINFALL(1) RAINFALL(2) PELLETS(3) JANUARY 7 1.80 1 FEBRUARY 7 2.36 MARCH 7 2.54 APRIL 9 4.30 0 MAY 8 4.47 0 JUNE 6 3.05 0 JULY 5 1.84 0 AUGUST 5 2.26 0 SEPTEMBER 7 3.15 0 OCTOBER 6 2.68 0 NOVEMBER 6 2.03 0 DECEMBER 7 1.82 ANNUALLY 80 32.30 1 (1) Average normal number of days rainfall,0.01"or more. (2) Average normal precipitation. (3) One inch(I")or more. * Less than one-half inch(1/2"). Unseasonable weather is defined for contract purposes as rain/snow days which exceed the average number of days or inches of rainfall in any given month. This table is based on information recorded at the former Greater Southwest International Airport,Fort Worth,Texas,covering a period of 18 years. Latitude 32°50'N,Longitude 97°03'W, elevation(ground) 537 ft. VENDOR COMPLIANCE TO STATE LAW Section 2252.002,Texas Government Code,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 to 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 office is in the State of Texas. F1Please Check or mark with an"X" BIDDER: By: Company (please print) Signature: (please print) Title: (please print) City/ State Zip THIS FORM MUST BE RETURNED WITH YOUR QUOTATION a VENDOR COMPLIANCE TO STATE LAW 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 Engineering No. and City of Fort Worth Project No. CONTRACTOR By: Name: Title: Date: STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of , 20 Notary Public in and for the State of Texas i-4 cd ''O O +-+ U • A O .o CldO O m 0 0 '—' "Cl a•. Cd O °? En o O o .� ,-o a cu 0 U �d Oro CIS +C4 In v� bA O c� �—+ CIS .,--� bA 84 El 0 vOi U O N iN ,a? O o . > � O p Cld P6� cu V `� ro 34 o O o 4) 0 a) ;114 R �i 0 > 0 cd 0 10 . 401 t ' Mmy O O O O as CC3 'G� cod Z ;-4 .6 ;-4 > bUA CC O y 'Z3 O U +, cam., k;O .� 4 O ,� :-.4O O y--r ,U) ;-4a� +� bA O cO0 00 • tip U U > O 4� U 4� 0 PH 0 Ed 0 �^ & o 0.40-4 � 0 U O U rci 0-4 Cd U GJ .� O O Cd � � � U O o 0 En °� U) o �, • +C� V, R (:74 ;-4O W y 2 U U 0-4 o > .> .,4 0.4 ;-4O --4 o ; C� F-+ U 0 U ;-4 1 Cid Cid O � cis C� Ocn OO 014 w 0 V� t cis 0 cd Cid tb cid O '� cid co cd U pEl iU O W 0 cl 0 •0 4 Cid cid Mcid U O O v 'ocis w .�j O 0cis y U O O U F—� •cid tj r.4U U U U mcis 0 OM � �- � m R Cd Cis U cid � Cid o Cid cis m v Cid O P-' U '"� O D M cid m U ,� C «i «i U O cid 00 �-4 m � .5 �l C214 � 15, low IN WFIP CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality(TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part ILD.2.of the TCEQ General Permit Number TXR150000 for discharges of storm water runoff from construction sites. Additional information regarding the TCEQ storm water permit program may be found on the internet at: www.tnrcc.state.tx.us/permitting/waterperm/wwperm/tpdestorm Contact Name and Phone Number. Project Description: (Physical address or description of the site's location,estimated start date and projected end date, or date that disturbed soils will be stabilized) Location of Storm Water Pollution Prevention Plan : For Construction Sites Authorized Under Part II.D.2. (Obtaining Authorization to Discharge) the following certification must be completed: I (Typed or Printed Name Person Completing This Certification)certify Under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.D.2.of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A storm water pollution prevention plan has been developed and implemented according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges,including the possibility of fine and imprisonment for knowing violations. Signature and Title Date PROJECT DESIGNATION SIGN ti RT W01 PMS-288 1 v —T 4�' �p 61 PMS-167 3° 3# Prolect Title .41-00 .32ND LIVE Af IF NECESSARY-/, 3 I J.9. I Contractor: d z�p:EContraotor's Name-F-b 2i` bi 1 / FUNDED BY tlu ] FGOMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IipI-: Scheduled Completion Date --L fur I� Year FONTS: FORT WORTH LOGO IN CHELTINGHAM BOLD - ALL OTHER LETTERING IN ARIAL BOLD COLORS: FORT WORTH-PMS 298 LONGHORN LOGO-PMS 167 LETTERING-PMS 288 BACKGFjOUND-WHITE PROJECT DESIGNATION SIGN BORDER-BLUE (Community Dwelopment. Block Grant projects. only) CITY OF FORT WORTH—CONSTRUCTION STANDARD TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS SECTION 01100- SUMMARY OF WORK The Contractor shall supply all superintendence and shall perform all work and furnish all labor, equipment,materials and incidentals necessary and complete all work as described in the plans and specifications. All construction and other work shall be done by the Contractor in accordance with the best engineering and construction practices for the skill or trade involved. The work to be accomplished under these plans and specifications for: Rolling Hills Soccer Complex Parking Lot Expansion (Mapsco No. 92-J) includes: Earthwork and grading, concrete and asphalt paving, and concrete curb and gutter as per construction documents. These plans and specifications were prepared by the Parks and Community Services Department. The Department of Engineering will administer the contract and furnish inspection. In addition to project performance stated above,the Contractor shall also be responsible for: 1. Setting all project layout dimensions and final finish grade elevations in accordance to plans. All such survey work shall be performed by a Registered Surveyor in the State of Texas and verification provided to the City that such survey work complies to plans and specifications. 2. Attend all project progress meetings as scheduled by the City and provide updated project schedules within 3 calendar days upon request by the City. The applicable items contained in the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth,Texas, shall apply to this contract just as though each were incorporated in these documents. Where the provisions or specifications contained in those documents are contrary to this publication,this publication shall govern. In case of conflict between plans and specifications,the plans shall govern. A copy of the Standard Specifications for Street and Storm Drain Construction can be purchased at the office of the Transportation and Public Works Department, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas. The Contractor shall provide all permits and licenses and pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The Contractor shall contact the City of Fort Worth's Development-Plans Exam Section for a determination of applicable permits or variances required for this project. GENERAL REQUIREMENTS - 1 - SECTION 01135- CONTRACT TIME 1.01 PROGRESS AND COMPLETION - Upon receipt of a notification letter and the executed construction contract,the Contractor shall be responsible for scheduling a preconstruction conference,which shall be held no later than ten working days from the date of the notification letter. At the time of the preconstruction conference ,a construction start date shall be established and indicated in the Notice to Proceed (Work Order) issued by the Engineering Department. The Contractor shall begin the work to be performed under the contract on or before ten working days from the date the Work Order is issued. The Contractor shall carry the work forward expeditiously with adequate forces and shall complete it within the period of time stipulated in the contract. 1.02 LIQUIDATED DAMAGES This project shall be completed within the specified days allowed. If project construction _ exceeds the allotted contract time, liquidated damages will be assessed as stipulated in the City of Fort Worth Standard Specification for Street and Storm Drain Construction. 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. SECTION 01140 -ALTERNATIVES _ The City reserves the right to abandon,without obligation to the contractor,any part of the project(subject to conditions set forth in Section 01150-Payment to Contractor) or the entire project at any time before the Contractor begins any construction work authorized by the City. SECTION 01150 -PAYMENT TO CONTRACTOR,PROJECT ACCEPTANCE & WARRANTY 1.01 SCOPE OF PAYMENT: The Contractor shall accept the compensation as provided in - the contract in full payment for furnishing and paying for all materials, supplies, subcontracts, labor,tools and equipment necessary to complete the work of the contract; for any loss or damage which may arise from the nature of the work from the — action of the elements,or from any unforeseen difficulty which may be encountered in the prosecution of the work,until the final acceptance of the work by the City; for all risks of every description connected with the prosecution of the work; for all expenses and damages which might accrue to the Contractor by reason of delay in the initiation and prosecution of the work from any cause whatsoever; for any infringement of patent, trademark or copyright, and for completing the work according to the plans and/or - specifications. The payment of any current or partial estimate shall in no way affect the obligations of the Contractor to repair or remove, at his own expense,the defective parts of the construction or to replace any defective materials used in the construction, and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work. GENERAL REQUIREMENTS T -2- 1.02 Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 1 st day and 15th day of each month that the work is in progress. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate,payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. 1.03 It is understood that the partial pay estimate amounts will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Payment of any partial pay estimates shall not be an admission on the part of the Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contract Documents. 1.04 The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. 1.05 Retainage-For contracts of less than $400,000 at the time of execution, retainage shall be 10 percent. For contracts of$400,000 or more at the time of execution, retainage shall be 5 percent. The Contractor will receive full payment for work, less retainage,from the City, on each partial payment period. Payment of the retainage will be included with the final payment after acceptance of the project being complete. 1.06 Contractor shall pay subcontractors in accord with the subcontract agreement within five business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. 1.07 Contractor hereby assigns to City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1 et seg(1973). 1.08 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. GENERAL REQUIREMENTS -3- When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more,then either party to the contract shall upon written request to the other party be entitled to a revised T consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special - agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. _ 1.09 PAYMENT FOR EXTRA WORK: Extra work performed by the Contractor,that is authorized and approved by the City Engineer,will be paid for under "Change orders" _ made in the manner hereinafter described, and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor, subcontracts, materials,tools, equipment and incidentals, and for all supervision, insurance,bonds and all other expense of whatever nature incurred in the prosecution of the extra work. Payment for extra work will be made under one of the following types of"Change orders" to be selected by the City: A. Method "A". By unit prices agreed upon in the contract or in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced subject to all other conditions of the contract. B. Method "B". By a lump sum price agreed upon in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced, subject to all other conditions of the contract. C. Method "C". By actual field cost of the work,plus 15 percent as described herein below, agreed upon in writing by the Contractor and City Engineer and approved by the City Council after said extra work is completed, subject to all other - conditions of the contract. In the event extra work is to be performed and paid for under Method "C",the actual field costs of the work will include the cost of all workmen,foremen,timekeepers, mechanics and laborers working on said project; all used on such extra work only, plus all power, fuel, lubricants,water and similar operating expenses; and a ratable - proportion of premiums on performance and payment bonds,public liability, workmen's compensation and all other insurance required by law or ordinance. The City Engineer will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such extra work will be performed by the Contractor as an independent contractor and not as an agent or employee of the City. The 15 percent of the actual field cost to be paid the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. GENERAL REQUIREMENTS -4- The Contractor shall give the City Engineer access to all accounts,bills, invoices and vouchers relating thereto. 1.10 DELAYS: If delay is caused by specific orders given by the City 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 Council; 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. 1.11 CLAIMS AND DAMAGES: Any claims for extra work or for any other related matter or cause must be made in writing to the City Engineer within seven calendar days from and after the cause or claim arises. Unless such claim is so presented, it shall be held that the Contractor has waived the claim, and he shall not be entitled to receive pay thereof. 1.12 TRANSPORTATION: No allowance or deduction will be made for any charge of freight rates. No allowance for transportation of men, materials or equipment will be allowed. 1.13 ACCEPTANCE AND FINAL PAYMENT: The City, upon receipt of the Director's "Certificate of Completion" and "Final Estimate" and upon receipt of satisfactory evidence from the Contractor that all subcontractors and persons furnishing labor or materials have been paid in full and all claims of damages to property or persons because of the carrying on of this work have been resolved, or the claims dismissed or the issues joined, shall certify the estimate for final payment after previous payments have been deducted and shall notify the Contractor and his surety of the acceptance of the project. Bills Paid Affidavit and Consent Of Surety shall be required prior to final payment becoming due and payable. In the event that the Bills Paid Affidavit and Consent Of Surety have been delivered to the City and there is a dispute regarding(1) final quantities, or(2) liquidated damages, the City shall make a progress payment in the amount that the City deems due and payable. On projects divided into two or more units, the Contractor may request a final payment on one or more units which have been completed and accepted. On delivery of the final payment,the Contractor shall sign a written acceptance of the final estimate as payment in full for the work done. All prior partial estimates shall be subject to correction in the final estimate and payment. 1.14 WARRANTY: The Contractor shall be responsible for defects in this project due to faulty workmanship or materials, or both, for a period of two (2) years beginning as of the date that the final punch list has been completed and the project 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. The contractor will be required to replace, at own expense, any part, or all, of this project which becomes defective due to GENERAL REQUIREMENTS -5- these causes. SECTION 01300 -SUBMITTALS Prior to construction,the Contractor shall furnish the Parks and Community Services Department v a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time for turf establishment(if applicable) and project clean-up. The Contractor shall submit to the Project Manager shop drawings,product data and samples required in specification sections. Refer to Section 01640— 1.02. _ SECTION 01400 -QUALITY CONTROL The Contractor will receive all instructions and approvals from the Director of Engineering and/or his assigned inspectors. The inspector will be introduced to the contractor prior to beginning work. Any work done at the direction of any other authority will not be accepted or paid for. Final approval for the finished project shall be given by the Director of Engineering, City of Fort Worth. The Contractor or a competent and reliable superintendent shall oversee the work at all times. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. — SECTION 01410 -TESTING All tests made by the testing laboratory selected by the City will be paid for by the City. In the event manufacturing certificates are requested,they shall be paid for by the Contractor. SECTION 01500 -TEMPORARY FACILITIES AND CONTROLS The Contractor shall take all precautions necessary to protect all existing trees, shrubbery, -� sidewalks,buildings,vehicles,utilities,etc., in the area where the work is being done. The Contractor shall rebuild, restore, and make good at his own expense all injury and damage to same which may result from work being carried out under this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth;they are shown on the plans as the best information available from the owners of the utilities involved and from evidences found on the ground. The Contractor shall determine the exact location of all existing utilities and conduct his work to prevent interruption of service or damages. SAFETY RESTRICTIONS- WORK NEAR HIGH VOLTAGE LINES 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, GENERAL REQUIREMENTS -6- power shovel, drilling rigs,pile drivers,hoisting equipment or similar machinery. The warning sign shall read as follows: "WARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." Equipment that may be operated within six feet of high voltage lines shall have an insulating cage-type guard about the boom or arm,except backhoes or dippers, and insulator links on the lift hood connections. When necessary to work within six feet of high voltage electric lines, the Contractor shall notify power company (TU Electric or the appropriate power supplier)to erect temporary mechanical barriers, de-energize the line, or raise or lower the line. The contractor shall maintain a log of all such correspondence. The Contractor is responsible for all costs incurred. w SECTION 01640 - SUBSTITUTIONS AND PRODUCT OPTIONS 1.01 GENERAL For review and approval of products to be used on this project, send submittals to: Joel McElhany, Project Manager (817) 871-5745 Parks and Community Services Department 4200 S. Freeway Suite 2200 Fort Worth,Texas 76115-1499 1.02 PRODUCTS LIST A. Within five(5) Working Days from the construction contract start date,the Contractor shall submit to the Project Manager two (2)copies of complete list of all specified or approved equal products and submittals for review and approval. B. All specified manufacturer's products listed in the Equipment Schedule in the construction plans have been previously reviewed and approved in conformance to playground prototype designs approved for use in the City of Fort Worth. C. All Playground Prototype equipment specified, when applicable to the project scope(composite play structures, arch swings,buck-a-bouts, spring animals, whirls)have been designed to specific playground prototype layout designs which conform to both the Consumer Product Safety Commission(CPSC) guidelines and Americans With Disabilities Act(ADA)requirements. Non pre-approved playground equipment shall not be considered. GENERAL REQUIREMENTS -7- 1.03 SUBSTITUTIONS (Other Products-Excluding Playground Prototype Equipment) A. Submit two (2) copies of request for substitution. Include in request: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification,including manufacturer's name and address. . b. Manufacturer's literature: (1) Product description (2) Performance and test data (3) Reference standards c. Samples, if required. d. Name and address of similar projects on which product was used, and date of installation. B. In making request for substitution,the Contractor represents: 1. That the Contractor has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. 2. That the Contractor will provide the same guarantee (or better) for substituted - product or method specified. 3. That the Contractor will coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all -- respects. 4. That the Contractor waives all claims for additional costs related to substitution which consequently become apparent. — C. Substitutions will not be considered if: 1. They are indicated or implied on shop drawings or project data submittals without formal request submitted in accord with Paragraph 1.04. 2. Acceptance will require substantial revision of Contract Documents. - 3. Substitution requests are submitted after five(5) Working Days from the date of the construction contract start date. D. Should the Contractor install any material and/or equipment which is non- specified, failed to submit the appropriate submittals for review and did not receive approval from the City prior to installation, all such material and/or equipment shall be removed by the Contractor and install specified equipment and /or material at no additional expense to the City. GENERAL REQUIREMENTS -8- SECTION 01700 -PROJECT CLOSEOUT 1.01 CLEAN -UP The Contractor shall make final clean-up of the construction area, to the satisfaction of the Parks and Community Services Department, as soon as construction in that area is completed. Clean-up shall include removal of all construction materials,pieces of concrete, equipment and/or other rubbish. No more than five (5) days shall elapse after the completion of construction before the area is cleaned. Surplus materials shall be disposed of by the Contractor, at this own expense, and as directed by the Parks and Community Services Department. Cleaning of equipment by Contractor or Subcontractor, such equipment as cement mixers,ready-mix trucks,tools, etc., shall take place in an area designated by the Parks and Community Services Department. SECTION 01800- 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 Owner, its officers, servants and employees, from and 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 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 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. The Director may, if he deems appropriate,refuse to accept bids on any 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. GENERAL REQUIREMENTS -9- END OF DIVISION T GENERAL REQUIREMENTS _ -10- SECTION 02200 -SITE PREPARATION PART 1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor,materials,equipment and services required for clearing and grubbing, demolition, and removal and disposal of items as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE: A. Section 02300 -Earthwork B. Existing Conditions,Removal and Demolition Items. PART 2—PRODUCTS 2.01 No products are required to execute this work, except as the Contractor may deem necessary. PART 3—EXECUTION 3.01 CLEARING AND GRUBBING: A. Clearing and grubbing shall consist of removing all natural and artificial objectionable materials from the project site or from limited areas of construction specified within the site. B. In general, clearing and grubbing shall be performed in advance of grading and earthwork operations and shall be performed over the entire area of earthwork operations. C. Unless otherwise specified on the plans,all trees and shrubs of three inch(3")caliper or less(caliper is the diameter as measured twelve inches (12")above the ground)and all scrub growth, such as cactus,yucca,vines, and shrub thickets, shall be cleared. All dead trees,logs, stumps,rubbish of any nature, and other surface debris shall also be cleared. D. Buried material such as logs, stumps,roots of downed trees that are greater than one and one half inches(1-1/2'� in diameter,matted roots,rubbish, and foreign debris shall be grubbed and removed to a minimum depth of twenty four inches (24")below proposed finished grades. E. Ground cover consisting of weeds, grass, and other herbaceous vegetation shall be removed prior to stripping and stockpiling topsoil from areas of earthwork operations. Such removal shall be accomplished by"blading" off the uppermost layers of sod or root-matted soil for removal. SITE PREPARATION 02200 - 1 - 3.02 PAVEMENT REMOVAL: - A. Bituminous and concrete pavements shall be removed to neatly sawed edges. Saw cuts shall be full depth. If a saw cut in concrete pavement falls within three feet(3')of an en existing score joint,construction joint, saw joint, cold joint, expansion joint, or edge, the concrete shall be removed to that joint or edge. All saw cuts shall be parallel and/or perpendicular to the line of existing pavement. If an edge of a cut is damaged - subsequent to saw cutting,the concrete shall again be sawed to a neat, straight line for the purpose of removing the damaged area. B. Concrete curb and gutter shall be removed as specified above. No section to be replaced shall be smaller than thirty inches (30")in length or width. 3.03 UTILITIES REMOVAL: In general,those utilities on the site that are to be removed and that belong to the Owner shall be removed by the Contractor. The Owner is responsible for arranging the relocation or removal of other utilities owned by utility companies or other parties. 3.04 MINOR DEMOLITION: There may be certain items on the site such as old building foundations, fences, and other undetermined structures and improvements that must be removed before construction can commence. Unless otherwise specified, such items become the property of the Contractor for subsequent disposal. 3.05 USE OF EXPLOSIVES: The use of explosives will not be permitted in site preparation operations. 3.06 BACKFILLING: All holes,cavities, and depressions in the ground caused by site preparation _ operations will be backfilled and tamped to normal compaction and will be graded to prevent ponding of water and to promote drainage. Should any excavated hole or cavity be required to be left open over night,the Contractor shall be responsible to provide barriers and/or coverings to enhance on site accident prevention measures. 3.07 DISPOSAL OF WASTE MATERIALS: A. Unless otherwise stated,materials generated by clearing, grubbing,removal, and demolition shall be known as "waste" or "spoils" and shall be removed from the site and x disposed of by the Contractor. Similar materials may be unearthed or generated by earthwork operations or by subgrade preparation. Unless otherwise specified any merchantable items become the property of the Contractor. END OF SECTION SITE PREPARATION 02200 -2- SECTION 02300-EARTHWORK PART1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor,materials,equipment, and services required to construct, shape, and finish earthwork to the required lines, grades,and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200- Site Preparation. B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only. PART 2-PRODUCTS 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated, within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, shall be used insofar as practicable as unclassified fill. Properly deposited, conditioned, and compacted fill is hereinafter referred to as "earth embankment." B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are permissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for construction of rock embankments,provided such placement of rock is not immediately adjacent to structures or piers. Also,rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their incorporation in the normal embankment layers. 2.03 TOPSOIL - On-Site Topsoil: Topsoil shall consist of an average depth of six inches (6") of native surface soil left in place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by "blading," as specified in Section 02200, "Site Preparation." Topsoil may be greater or less,than the upper six inches(6")in depth. EARTHWORK 02300 - 1 - 2.04 IMPORTED FILL A. Imported fill materials shall be used for the construction of earth embankment in the event that(1)the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or(2)the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Contractor shall haul and place imported fill obtained from off-site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Contractor and be approved by the Owner. In general, imported material must be equal to or better than native material in quality and engineering characteristics. The Architect/Engineer may also require the Contractor to provided a material analysis test of the proposed fill. 2.05 SELECT MATERIALS A. Select materials shall be imported from offsite sources,unless they are available from specifically designated areas on the site as marked on the plans. 2.06 UNSUITABLE MATERIALS A. Topsoil, select material,imported fill, or unclassified fill will be declared as - "'unsuitable" by the Owner if, in his opinion, any of the following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay,heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel ` 7. Rocks, cobbles, or boulders 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Architect/Engineer may grant the Contractor permission to process the material to reduce the moisture content to a usable optimum condition. EARTHWORK 02300 -2- PART 3-EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise,topsoil will be replaced after excavation and embankment construction are complete. B. Removal: Topsoil shall be stripped to an average depth of six inches (6")from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Architect/Engineer. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing: Topsoil will not be replaced(deposited)until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. D. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted, and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated,topsoil will be replaced over all areas of earthwork(including slopes), except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow, weighted drag,tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one inch in diameter or they shall be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade,true in plane, even in gradient(slope).,uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. g g EARTHWORK �}(��I�gi� Rb �S6 OD 02300 -3- SICHTHY fix, 3.03 UNCLASSIFIED EXCAVATION A. All excavated areas shall be maintained in a condition to assure proper drainage at all _ times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material: 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations, including excavation, _ embankment construction,topsoil replacement, and final grading, are completed. Any other surplus material shall be disposed of as "waste" as specified in Section 02200.All such cost for removal shall be considered as incorporated into Earthwork costs C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise _ indicated on the plans, excavation in solid rock shall extend six inches (6") below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. _ 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be - constructed in layers approximately parallel to the finished grade of the graded area, and each layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed. The subgrade shall be proof rolled to detect soft spots,which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck, or similar piece of equipment weighing approximately twenty five (25)tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the - embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground,including plowed,loosened ground, or surfaces roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods,and, where indicated on the plans or required by the Owner,the ground surface,thus prepared, shall be compacted by sprinkling and rolling. EARTHWORK 02300 -4- - D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six(6")inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing, discing, or other approved means. Prior to fill placement,the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However,in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than 4:1,the Owner may direct the Contractor to key the fill material to the existing slopes by benching. A minimum of two feet(2')normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread,not to exceed eight(8") inches in loose depth before conditioning and compaction. Unless otherwise permitted,each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction,the moisture content of fill material shall be such that the specified compaction will be obtained, and the fill will be firm,hard, and unyielding. Fill material which contains excessive moisture shall not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers,pneumatic tire rollers,or other mechanical means acceptable to the Owner. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors. I. Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions. All embankment serves in one capacity or another as subgrade (e.g.,under topsoil,under concrete and asphalt pavement, under structures, etc.). Accordingly,the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements, slabs, etc. 3.05 DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent(90%) of Standard Density ASTM D698 with plus four percent (4%) or minus two percent(2%)percentage points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six (6") inches of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent(95%)to ninety eight percent(98%) of Standard Density ASTM EARTHWORK 02300 D698 with the moisture content at minus two percent(2%)to plus four percent(4%)of optimum moisture content. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement, or for select embankment. After completion of the embankment,the Contractor shall prevent excessive loss _ of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two percent(2%)below optimum in the top twelve inches(12")of the fill will require that the top twelve inches(12")of the embankment be scarified,wetted,and recompacted prior to T placement of the structure, select fill or pavement. If desired,the Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. _. 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the subgrade is rutted,damaged or displaced it shall be R restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. END OF SECTION EARTHWORK 02300 -6- - SECTION 02930 -SEEDING PART 1 -GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction,Item 164, "Seeding for Erosion Control"and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed(PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred(100)miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing,prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 -Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten(10) miles per hour. B. Schedule After All Other Construction and planting is complete. SECTION 02930-SEEDING -1- C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds,whether the general contractor or a subcontractor,is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings _ until acceptable,viable growth is achieved and the project accepted by the City. PART 2—PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed(PLS =purity x germination)per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City,prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent(10%) by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native grass seed shall consist of. If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name Puri Germination r 25 Bermuda(unhulled) Cynodon dactylon 85% 90% 75 Bermuda(hulled) Cynodon dactylon 95% 90% - Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 82% 80% 40 Bermuda(unhulled) Cynodon dactylon 84% 85% SECTION 02930-SEEDING -2- 2 Native grass seed -The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestem* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestem Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three(3)feet of a walkway. 3 Wildflower seed -All wildflower seeds are to be hand broadcast,(see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden-Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temporary erosion control seed When specified on the plans,temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. SECTION 02930-SEEDING -3- B. Mulch - 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled - paper-by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent(10%)moisture, air dry weight - basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. - C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas - 100 pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas- 150 pounds of Nitrogen per acre. D. Water: Shall be furnished by the Contractor, at no cost to the Owner,by means of - temporary metering/irrigation,water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.B.2. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the - germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch(1/2")per week should be applied for - approximately three weeks or until project is accepted by the City. E. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope,use cellulose, fiber or recycled paper mulch, (see 2.01,B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil T retention blanket(Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East,Post Office Box 5624, T Arlington,Texas 76001, 1-800-777-SOIL. 2.02 MIXING Seed,mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed. _ 3. Mixture is applied within thirty(30)minutes after placed in the equipment. SECTION 02930-SEEDING -4- PART 3—EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots,brush,wire, stakes,etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch(1") deep. 2. If area is sloped greater than 3:1,run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half(1/2") inch inside "drip line" of trees. C. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. - 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1") inch,remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding(Drilling): If mechanically seeding(drilling)the seed or seed mixture,the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer,may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch(1/4"-3/8')utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting,the area shall be rolled with a roller integral to the seed drill,or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. - B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces -minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces-minimum 1,800 lbs./acre. 3. Clay soils,flat surfaces-minimum 2,500 lbs./acre. 4. Clay soils, sloping surfaces-minimum 3,000 lbs./acre. SECTION 02930-SEEDING -5- 5. "Flat" and"sloping" surfaces will be shown on the plans if not visually obvious.C. Apply within thirty(30) minutes after placement in equipment. Keep mulch moist,by daily water application, if necessary: - 1. For approximately twenty-one(2 1)days,or 2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.)and project has been accepted by the City. 3.04 MAINTENANCE AND ACCEPTANCE A. Includes protection,replanting,maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2—2.01 —D. for watering requirements to be executed by the contractor. — B. All areas requiring revegetation shall have 100%established stand coverage prior to City acceptance. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A"stand" shall be defined as: - a. Bermuda/Rye grasses: Full coverage per square foot established within two to three(2-3)weeks of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. T b. Native grass and wildflowers: eighty percent(80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch T diameter. END OF SECTION SECTION 02930-SEEDING -6- SECTION 02840-TURF SODDING PART 1 -GENERAL 1.01 DESCRIPTION A. Work Included: This work includes all labor,materials and equipment for soil preparation, fertilization,planting and other requirements regarding turfgrass sodding shown on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. B. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller 1.03 SUBMITTALS Samples, certificates and specifications of sod,fertilizer, compost, soil amendments or other materials may be requested by the Project Manager. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the Project Manager. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. B. Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The contractor who plants the sod is responsible for supervision of his crew, while planting the sod and maintaining the sod until the project is accepted by the City. SECTION 02840-TURF SODDING -I- PART 2—PRODUCTS 2.01 SOD A. The sod shall be"Common Bermuda"and shall consist of stolons, leaf blades,rhizomes and roots with a healthy,virile system of dense,thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive,healthy and vigorous and - shall be free of insects, disease, stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked, it shall be kept moist and shall be stacked roots-to-roots and grass-to-grass. B. The sod shall be cut in strips four feet wide, or as called for on plan,to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer - rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall be furnished by the Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally,the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All _ compost is to be clean and free of fungus, disease, live plants, seed, excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner" or "Perma Green Compost", as specified below or an approved equal, shall be used. Raw organics are not acceptable. _ A. For soil with an alkaline pH condition: Use "New Life Acid Gro" (acid pH)soil conditioner as produced by Soil Building Systems of Dallas, or an approved equal. _ B. For soil with an acidic pH condition: Use "Perma Green Compost" by Texas Earth Resources, Inc. of Dallas, or "New Life Natural Grower" (ph 8.0 to 9.0)by Soil Building - Systems,Inc., of Dallas. C. Sample and Specification Submittal: Submit a producer's specification and a quart sample of the compost proposed for the Project Manager's approval. SECTION 02840-TURF SODDING _ -2- PART 3-EXECUTION 3.01 GENERAL All turfing operations are to be executed across the slope,parallel to finished grade contours. 3.02 SOIL PREPARATION A. Scarify subgrade to a depth of three inches(3")before depositing the required topsoil. B. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel- type breaking plow,chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage,then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris,building materials, rubbish,weeds and stones larger than one inch in diameter. D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with one-half inch compost and then shall be leveled, fine graded, and drug with a weighted spike harrow or float drag. The required result shall be the elimination of ruts, depressions, humps and objectionable soil clods. This shall be the final soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a depth of four inches,but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge,and with staggered joints. The sod shall be pressed firmly into the sod bed by mechanical roller so as to eliminate all air pockets,provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction, compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered. The quantity of compost shall be such that it will cause no smothering or burning of the grass. 3.04 FERTILIZING Twenty-one days after planting,turfgrass areas shall receive an application of 3-1-2 fertilizer at the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning as per requirements indicated in Part 2—2.03 Water END OF SECTION SECTION 02840-TURF SODDING -3- SECTION 02870 - SITE FURNISHINGS PART I -GENERAL 1.01 DESCRIPTION Furnish and supply all labor, equipment,materials and incidentals necessary to assemble, install and otherwise construct park equipment as listed under products. 1.02 RELATED WORK A. Section 03300-Cast-in-Place Concrete. B. Section 07920- Caulking and Sealants 1.03 QUALITY ASSURANCE A. All equipment shall be free of sharp edges and corners, or extremely rough surfaces. C. All materials shall be new and conform to all standards per specified product or aproved equal (see Division I—Section 01640/Product Options D. The bidder shall be responsible for defects in equipment due to faulty materials or manufacturing, damage or loss. E. Metal shall be straight or at design radii or bends,without kinks, and shall be true to shape. E. Codes and Standards: All"accessible"site furnishings shall comply with the current Texas Accessibility Standards (TAS).of the Architectural Barriers Act, Article 9102, Texas Civil Statutes (512) 453-3211. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Protect from inclement weather: wet, damp, extreme heat or cold. B. Store in a manner to prevent warpage and/or bowing. 1.05 JOB CONDITIONS The contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of park users utilizing unfinished equipment. SITE FURNISHINGS 02870 -1 - PART 2 -PRODUCTS 2.01 Equipment as specified on plans or approved eaqual. PART 3 -EXECUTION 3.01 INSTALLATION A. Fasteners: All nuts and bolts shall be upset and tack welded to prevent disassembly. B. Manufacturer's Installation Instructions: The Contractor shall follow the manufacturer's installation instructions and give the Landscape Architect the instructions for filing,unless otherwise stated. Set benches and picnic tables level. END OF SECTION SITE FURNISHINGS 02870 -2. SECTION 03300—CAST-IN-PLACE CONCRETE PART 1 -GENERAL 1.01 SCOPE OF WORK A. Concrete Sidewalk B. Concrete Handicap Ramps C. Picnic Table Slabs D. Playground Edging E. Concrete Walls and Footings 1.02 QUALITY ASSURANCE Reference Specifications: The work under this division of the Specifications shall conform generally to the requirements of Item 314- "Concrete Pavement", Item 406 - "Concrete for Structures", and Item 410—"Concrete Structures" of the City of Fort Worth's Standard Specifications for Street and Storm Drain Construction. PART 2 -MATERIALS 2.01 FORMS Forms shall be of ample strength, adequately braced,joined neatly and tightly and set exactly to established line and grade. 2.02 REINFORCING MATERIALS Reinforcing Bars: Reinforcing bars shall be round deformed bars meeting the requirements of the current standard Specifications for Intermediate Grade Billet Steel Concrete Reinforcing Bars of the A.S.T.M. Designation A-615. Reinforcing bars at the time the concrete is placed shall be free from rust, scale or other coatings that will destroy or reduce the bond. General reinforcing bars shall be number three bars spaced 18 inches on center in walks and 12 inches in slabs as shown on Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requirements of A.S.T.M. Specifications Designation C-150 and shall be Type 1. B. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and shall be free from any excess amount of salt, alkali, vegetative matter or other objectionable materials. The aggregate shall be well graded from fine to course and the maximum size shall be one inch . Fine aggregate shall consist of sand C. Water: Water used in mixing concrete shall be clean and free from deleterious amounts of acids,alkalies,vegetative matter or organic material. The concrete shall be mixed in an approved batch mixer. The mixing time shall not be less than one minute after all the batch materials are in the mixer. Cement content CAST-IN-PLACE CONCRETE 03300 1 shall be not less than five sacks per cubic yard of concrete and shall have a minimum 28 day compressive strength of 3,000 psi. D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above. Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping or interrupting. Concrete shall not be placed on the job after a period of 1 1/2 hours after the cement has been placed in the mixer. 2.04 RELATED MATERIAL A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart redwood with cap and paved cross section as shown on the plans B. Dowels: Dowels for expansion joints shall be number four smooth round steel a bars with expansion tubes as shown on Plans. Dowels shall be placed eighteen inches on center or as shown on Plans. C. Curing Compound: The membranous curing compound shall comply with the requirements of A.S.T.M.,Designation C-309,Type 2,white pigmented. D. PVC Sleeves: The Contractor shall furnish and install four inch class 200 PVC pipe sleeves under concrete walk as shown on plans and details. E. Caulking and Sealants—See Section 07920 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design: The concrete shall contain not less than five sacks of cement per _ cubic yard. Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount of course aggregate(dry-loose volume)shall not be more than 85 percent per cubic yard of concrete. _ The net amount of water will be the amount added at the mixer plus the free water in the aggregate or minus the amount of water needed to compensate for _ absorption by the aggregates. Free water or absorption determinations will be based on the condition of the aggregates at the time used. The absorption test will be based on a thirty minute absorption period. No water allowance will be made for evaporation after batching. B. Slump: When gauged by the standard slump test,the settlement of the concrete shall not be less than 3 inches nor more than 5 inches, unless otherwise indicated. C. Quality: The concrete shall be designed for a minimum compressive strength of 3,000 pounds per square inch at the age of twenty-eight days using a 5 sack mix. CAST-IN-PLACE CONCRETE 03300 -2- D. Control-Submittal: Within a period of not less than ten days prior to the start of concrete operations,the Contractor shall submit to the Engineer a design of the concrete mix proposed to be used together with samples of all materials to be incorporated into the mix and a full description of the source of supply of each material component. The design of the concrete mix shall conform with the provisions and limitation requirements of these specifications. All material samples submitted to the Engineer shall be sufficiently large to permit laboratory batching for the construction of test beams to check the adequacy of the design. When the design mix has been approved by the Engineer, there shall be no change or deviation from the proportions thereof or sources of supply except as hereinafter provided. No concrete maybe placed on the job site until the mix design has been approved by the Engineer in writing to the Contractor. PART 3 -EXECUTION 3.01 REINFORCING Metal reinforcing shall be accurately placed in accordance with the Plans and shall be adequately secured in position by concrete,metal, or plastic chairs and spacers. Bar splices shall overlap at least twelve inches. The re-bars shall be bent cold. 3.02 JOINTS A. Expansion Joints: Expansion joint materials shall be installed perpendicular to the surface. The bottom edge of the material shall extend to or slightly below the bottom edge of the slab and the top edge shall be held approximately 1/2 inch below the surface of the slab. The edge of joints shall be tooled with an edging tool having a 1/2 inch radius. B. Contraction Joints: Contraction joints shall be 1/4 inch wide by 3/4 inch deep, tooled joints placed on six foot centers,unless otherwise indicated. Contraction joints will not be required to be sealed. Sawed joints maybe allowed only if specifically approved by the Engineer. Joints will be sawed as soon as sawing can be performed without stripping aggregate from the concrete, generally within twelve to twenty-four hours after placement, and they shall be completed before y uncontrolled cracking of the pavement takes place. C. Construction Joints: Construction joints shall be installed in all concrete work at the locations shown on the Plans. Construction joints formed at the close of each day's work shall be located at any of the control joints designated on the Plans. Joints may be constructed by use of wood or preformed metal bulkheads set true to the section of the finished concrete and cleaned and oiled. Surplus concrete on the subgrade shall be removed before resuming concreting operations. 3.03 PLACING CONCRETE Placement of Concrete: The concrete shall be rapidly deposited on the subgrade immediately after mixing is completed. Subgrade and forms shall be dampened prior to placement of the concrete. The concrete shall be transported,placed and spread in such a CAST-IN-PLACE CONCRETE 03300 -3- manner as to prevent segregation of the aggregate or an excess amount of water and fine materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty-five degrees Fahrenheit or higher,without approval of Construction Inspector. Placement shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars. No concrete that has partially hardened or that has been contaminated by foreign material shall be deposited in the work nor shall - retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. All concrete shall be thoroughly compacted by suitable means during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the corners of the forms. Special care shall be taken to prevent voids and - honeycombing. The concrete shall then be struck off and bull-floated to the grade shown on the Plans before bleed water has an opportunity to collect on the surface. 3.04 FINISHING All concrete shall be finished by experienced,qualified concrete finishers. All concrete shall have a neat,rounded edge. Edging and jointing(radius described on Plans) shall be T accomplished with care so as not to leave deep impressions in the concrete surface adjacent to edges and joints. After the concrete has been floated and has set sufficiently to support the weight of cement finishers, a smooth steel trowel will be used to produce ! hard surface. The entire surface will then be brushed with a stiff bristle broom to produce a uniform textured finish. All edges and sides of concrete exposed to view shall be free of warp and blemishes with a uniform texture and smoothness as described in Plans. 3.05 CURING _ Curing Compound: Immediately after the finishing operations,the concrete shall be completely covered with a curing compound. The concrete surface shall be kept moist between finishing operations and the application of the curing compound. The curing T compound shall be applied under pressure by means of a spray nozzle at a rate not to exceed 200 square feet per gallon. A minimum of 72 hours curing time will be required. 3.06 CONCRETE WALLS A. Placing Concrete _ 1. Where tremies are used, or where the free drop is 5'-0" or more, and through reinforcement, use a dumping box or board,moving the concrete therefrom by shovels or hoes. 2. Deposit concrete so that the surface is kept level throughout, a minimum being permitted to flow from one position to another, and place as rapidly as practicable after mixing. 3. Do not use in this Work any concrete not placed within 30 minutes after leaving the mixer. CAST-IN-PLACE CONCRETE 03300 -4- - 4. Thoroughly work concrete around reinforcement and embedded fixtures, and into corners of forms, during placing operations. 5. Completely compact with tamping poles and by tapping forms until the concrete is thoroughly compact and without voids. Determine the number of tampers needed by the amount and method of placing concrete. 6. Exercise care to tamp concrete vigorously and thoroughly to obtain maximum density. 7. Use manual tampers as well as mechanical vibrators. a. Exercise care to direct the quick handling of vibrators from one position to another. b. Do not over-vibrate concrete. C. Do not move concrete by use of vibrator. B. Finishing 1. All formed surfaces exposed to view shall have a smooth form finish. 2. After concrete has been properly placed and cured, sandblast finish if indicated on the plans and per specification Section 03350. 3.07 PROTECTION After concrete is placed, finished and cured as required,permit no traffic thereon for ` three days thereafter and fixrther protect the surface from damage due to other causes. END OF SECTION CAST-IN-PLACE CONCRETE 03300 -5- SECTION 07920-CAULKING AND SEALANTS PART I - GENERAL 1.01 DEFINITIONS: A. The term "sealant" or"sealing" shall refer to exterior joints exposed to weather or interior joints exposed to moisture. When "sealant" is used in an outside joint in aluminum or steel frames, "sealant" shall be required on the inside joint also. B. The term "caulk" or'caulking'(calking) shall refer to interior joints not normally exposed to weather or moisture conditions. 1.02 SUBMITTAL: A. Submit to Owner's representative manufacturer's literature, specification data, and. color chart for all materials proposed for this project. B. Identify their use and location. 1.03 GUARANTEE: The Contractor shall provide the Inspector a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also,the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. PART 2-PRODUCTS 2.01 SEALANTS: As manufactured by Pecora or approved equal. A. Concrete-to-Concrete(Horizontal Joint):NR-201 with primer. B. Masonry-to-Masonry or Concrete-to-Concrete(Vertical): Dynatrol II 2.02 PRIMERS: Type as manufactured by manufacturer of sealing or caulking material and completely compatible with compound. 2.03 JOINT BACKING: Rods or tape in sizes and types as recommended by manufacturer of sealing or caulking material, and completely compatible with compound. CAULKING AND SEALANTS 07920 -1- PART 3 -EXECUTION 3.01 GENERAL: A. Work shall be performed by experienced mechanics skilled in execution of type _ of work required and in application of specified materials. B. Deliver materials to job site in original containers with manufacturer's name and - brand clearly marked thereon. C. When perimeter joints around frames that are to be caulked do not have built-in - stops or other means to prevent depth of compound from exceeding 1/2 inch, pack joint with back-up materials of correct type and to the depth as necessary to provide minimum 3/8" and maximum 1/2" depth of compound. D. Materials and methods shall be as specified herein,unless they are contrary to approved manufacturer's directions or to approved trade practice; or unless T Contractor believes they will not produce a watertight job which he will guarantee as required. Where any part of these conditions occur, Contractor shall notify Architect in writing. Deviation from procedure specified will be permitted only upon Architect's approval and providing that work is guaranteed by Contractor as specified. _ E. If,prior to beginning work,Contractor does not notify Architect in writing of any proposed changes, it will be assumed that he agrees that materials and T methods specified will produce results desired, and that he will furnish required guarantee. 3.02 PREPARATORY WORK: A. Where weather molds, staff beads, etc., do not form integral part of frames to be - caulked,but are removable,remove same prior to caulking, execute caulking, replace molds, etc., and point. B. Clean all joints, etc.,that are to be caulked or sealed,prior to executing work. 3.03 PRIMING: When conditions of joints so require, or when types of materials used adjacent to joints so require, or when compound manufacturer's recommendations so require, clean and prime joints before starting caulking. Execute priming operations in strict accordance with manufacturer's directions. 3.04 JOINT BACKING: Joint backing shall be installed in all joints to receive sealants. Backing shall be sized to require 20%to 50%compression upon'insertion, and shall be CAULKING AND SEALANTS 07920 „ -2- placed so that sealant depth is approximately 1/2 joint width. In joints not of sufficient depth to allow backing, install bond breaking tape at back of joint. 3.05 APPLICATION: Apply sealant and caulking material under pressure to fill joint completely, allowing no air pockets or voids. Tool the joint surface to compress the compound into the joint. 3.06 THRESHOLDS: Place all exterior door thresholds in a fill bed of sealant during setting procedures. 3.07 CLEANING: Clean adjacent surfaces free of caulking and sealant and clean all work of other trades that has in any way been soiled by these operations. Finished work shall be left in a neat and clean condition. END OF SECTION CAULKING AND SEALANTS 07920 -3- - 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 Engineering No.5383 and City of Fort Worth Project No. GR76- 080205005130/G R76-080206845130. CONTRACTOR West Texas Robar Placers, Inc. By: Name Title: C• E: D Date: STATE OF TEXAS § COUNTY OF TARRANT § Bfour me, the undersigned authority, on this day personally appeared Ut, , 5 .�� i known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of West Texas Rebar Placers, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of , 20-()(2,-. I lilt ?� Q•Q 6V.u c in and for the State of Texas %2 SiASS 0 A ryO a 3 6s• gi_Wb \\�� 2"��\\\\`\ V a."w2outs lu':U8 Feb m1Ve - ,ACM '�`�' :► I9'E �'.'` LII lC�!'6 ®- of114i.+At.sd-•ZA®N.ti6.� rw mG/inns 1 IiOJ btil/..4Vca ;Wolin Cr972)864•-4400 rAX CS76`)27b-84101 THIS C�9�11,TIF�ICAT-E-i848sum-As A-na�►a"Te�;OF,Htr+ MArION, AL..vn17M CA01145—M.RiS NO RIGHTS UPON THE C-SIRTIRGA.TE Ll o Davi_-[�rerMlax, Inc. HOLDM-THIS CERTIFICATE DOES N:)iAtldEt�f, [r t7R. a me!l ber of the insurors Group 1 ALTER'YME COVE AGS AFrOMEC.By THE 0L;MbELQ-W, L.D. ftox 495429 k Garl and, ZX 75049 INSURERS AFFDRIDING CM-ERAIM KauREv Wes' 1exact R$ ar 4 Iavers, n INSURbRA: Unitrirs k p DHA: West Texas steel k wsuRERE; Service L`Iovds Insurance Co. 1719 Peters ltd, 0516 �INSUI�c; I i Irving, TX 75061 Irasul a; INSURER E j - VM..M�G nVC.V t THE POLICIES QF INSURANCE LISTED BELow HAVE BEEN ISSUED TO TFIE INSURED NAMED ASOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTAN'DIN } ANY F.EOUIREMENT,TERM OR CONDITION OF ANY CONTRA"OR OTHE brjdUaeN r WITH RESMOT TCF WI4,Tfi T HIS„=-TIMCATE--Ne BE Is ssusD on 1S MAY PERTAiN,THE ii OURANCE AFFORDED 9Y THE PC''W^ 3 DEE01IMED HPPOWN IS SLMJWT'TO ALL THE TERMS,EXCLUSIONS AND COND(TIONS OFF SUCH t Pou=IES.AooRS44T€twiTS SHOWN MAY HAVE BEEN RlEWCED BY PAID CLAIMS. MR T}'PFr°4IrSLRiIVNCE L POLIL7NummER POLICY@FFEGTIYE PO StiRtDN LurZ GI RAL LIA8II." � 4012837 00j. 03/06/200603/06J2007 t EACKOCCLIWe= s i-1666606 F COMMGRCJkLGENE<M W►BILfCY k k DAMA6ET11 "000,1 o F WAMd6 MADE EDOCCUR 3 10,00 .. A x'Co►traftusl,1 Liab k i POUGNALFAMINJURY 5 $�apQ,Q04 R,CfL not extaluded 1 l 3 65iALAG ATE 1's 7,o01),OD k GIRCL i GGREGNMU AlTAPPLIES PEM PRODUCP'-COMI'VOPAGG S 2 e QOQ,009 ki~,I:ax as-.�sr.�elLne� 1711 ? 00 ik /0ir2UD6 0 /06,20017 cxMiwa>�LeutT k l k n p�Irntna? k 4 (r�ecmas�t) j 1,140,0 1 ALL OWM A sooux INJIlRr .I: I X k H61�Y MiIURY Ia S � ROR Owke'U .T06 I. {Per aeauenli � I GARArmLim t1Y � k {{k I AGTOONLY.EaACCu]ENF 5 1. .,� i AhrvAtntil k AUTOON�' !E�cc�sruaeR€Lnr.uAs`a�IV "tom,:' .'. ?4#! #I !06"200 i 0,106/'201 E rAM OCCURRENCE Is 1,000" �occm l a. AGGREGATE �.oOiY"aoo Mu=MLE S k 'RETENTION 6 k W ATIONA a+ k ��1Y7 S 0��g j r'tr�E~ �+�/Oa/�1�7 � Trmr I:WrITS MR we sran� � 11 0"PROPRIMBLbRE) k D -Ea• s 1 pgL.Ot1Q bF°FiGEI %A+IBERERCWDED7 wmm F -4W-4I yLlMr � 1s9C]Q.aOO specwL Pl�wsoNs eslow k oTHM ! i 0P8CRIPTWN. FpPERATUD�tSILOCAnONSt%FffN&LFm9lEIl` W3R0N&AVCWHYrEFMV r3F- I3P.t�'gmew T' f;+a I.�srs H.?.e Soccer Am pl ex Parking Expansion � i 4y X Fv"< wo-th; its officers, et4n1oyees and servants are included as additional insureds k. &he Go1 1i>ability and Atria policies. IMSU ance is priMary in regards to insured`s work. waiver a. scshro tion in favor of saw on the ircorkers comp policy. k C: day HOC ®x 'r for ?Q dwy HOC for non-pwyment of premium. k CE r1ER CA',14I+1G15 Afffifs $KDIJLDJIMYQF71�/1E1�lIEb1�iE8��i�a'�C+ `.�tSi'POIB.STfL� k city of FQrL Worth DOWAMNGATEfbWffiF'ffW090 LQGAi3i'=T&AML Parks and Commmity Services Dept GAY3wRIlMMM=Tcs?Wa�cDmc�a�ree,r��r, k ft=-. Charles boss-11 evrFaswle,:-rot�wc swscr�crseaew¢�u+r Isa�aex l� 10013 T'hrockmorton St. nAAwYftINDt)PtBFTiiI INSUItT�ei:cs�c;.ss�it�cPiscoo..l,IV19;, Ft. worth, Tx 76102 I•Raymon byer/31N ACOR0 25 CWQIJD8) due► �t CDR-POTEiTM SSi s CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: Parking Lot Expansion at Rollin$Hills Soccer Complex .. PROJECT NUMBER: GR76-080205005130/GR76-080206845130 IS TO CERTIFY THAT: West Texas Rebar Placers.Inc. is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for 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 Policy Effective Expires Limits of Liabili Worker's Com ensation Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence: $ Liability) Property Damage: _ Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk .. Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence:$ Property Damage: Ea.Occurrence:$ Bodily Injury: Contractual Liability Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Other 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 cancellation. 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 Co.: Fort Worth Agent By Address Title Bond No. 564505P PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,(1)West Texas Rebar Placers.Inc.,as Principal herein,and(2)Developers Surety and Indemnity Compan 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 One Hundred Seventy-four Thousand Eight Hundred Ninety-three and no/100........................ Dollars ($174.893.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,joirtfly and severally,firmly by these presents. DEC 12 2006 WHEREAS, Principal has entered into a certain written contract with the Obligee dated the day of . 2006, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of Parking Lot Expansion at Rolling Hills Soccer Complex NOW,THEREFORE, the condition of this obligation is such, if the said Principal 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 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 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 DEC 12 2006 SIGNED and SEALED this day of .2006. West Texas Rebar Placers Inc. PRXe: ATTEST: By: Zexaaz IE=d'9j- I# Naf e"w /%l is/o /Ytrit�►.l�L (Principal) Secretary w ^ Title: "3 E A L) Address: 2023 E. Shady Grove#5 Irvine. TX 75060 Witness a to Pri cip (/ \j Developers Surety and Indemnity Company SURETY ATTE T: By: /S Name:Michael B. Hill,Attorney-in-Fact Secretary Attorney in Fact (S E A L) Address: 545 E.John Carpenter Frwv. Suite 1420 �n n CA tl Irving.TX 75062 _ Witness as to Surety Telephone Number:972-556-0004 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 Attomey-in-Fact. The date of bond shall not be prior to date of Contract. Bond No.564505P PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,(1)West Texas Rebar Placers.Inc.,as Principal herein,and(2)Developers Surety and Indemnity Qompany•a corporation organlzed 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 One Hundred Seventy-four Thousand Eight Hundred Ninety-three and no/100........................Dollars($174.893.00)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: WIEREAS,the Principal has entered into a certain written contract with the Obligee dated Kid I MaJW6 .2006, 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: Parking Lot Expansion at Rolling Hills Sgccer Complex 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 day of .2006. DEC 12 2006 West Texas Rebar Placers, Inc. PRINCIPAL ATTEST: By: wlel�a- Name: ". .'Awor ,(1 /�i�ibs�L (Principal) Secretary Title: C. le�7 e (S E A L) Address: 2023 E. Shady Grove#5 Irving, TX 75060 Witness as t cil I Developers Surety and Indemnity Company SURETY ATTE T: 1P By: 44 Sa�n� 4—� Name: Michael B. Hill,Attorney-in-Fact Secretary Attorney in Fact (S E A L) Address: 545 E.John Carpenter FOU, SUOte 1420 - Irving.TX 75062 Witness as to Surety Telephone Number:972-556-0004. NOTE: (1) Correct name of Principal (Contractor). (4) Correct name of Surety. (5) 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. Bond No. 564505P MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That West Texas Rebar Placers. Inc.(°Contractor°), as principal, andDevelopers Surety and Indemnity 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 One Hundred Seventy-four Thousand Eight Hundred Ninety-three and no/100............... ....................................................................................... Dollars ($174.893.00), 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 of DEC 12 2006 2006, a copy of which Is hereto attached and made a part hereof, for the performance of the following described public improvements: Parkins Lot Expansion at Rolling Hills Soccer Complex the same being referred to herein and in said contract as the Work and being designated as project number(s) GR76-080205005130/GR76-080206845130 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 WNMSS WHEREOF,this instrument is executed in 6 counterparts,each of which shall be deemed an original,this day of A.D.. 2006. DEC 12 2006 ATTEST: West Texas Rebar Placers, Inc. (S E A L) Contractor By: rev a Secretary Name: a �L Title: G• g4r: I> ATTEST: Developers Surety and Indemnity Company (SEAL) Surety By: „�A 40 Secretary Name: Michael B. Hill Title: Attomey-in-Fact 545 E.John Carpenter Frwy.Suite 1420 Irving,TX 75062 Address POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725,IRVINE,CA 92623 (949)263-3300 www.InwoDico.com KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,constitute and appoint ***William D. Baldwin, Michael B. Hill, Brady Cox, Glenn E. Ganci, Suzanne C. Baldwin, Holly Hart, jointly or severally*** as its true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undatakings and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as the corporation could do,but reserving to the corporation full power of substitution and revocation,and all of the acts of said Attomey(s)-in- Fad,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the Attomey(s)-in-Fact named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this 1 st day of December,2005. �...0' AND jN David H.Rhodes,Executive Vice-President 'or. 10 1.01 1936 r,�o: ...........'''�,. By Walter A.Crowell,Saretary """•*•••°•••••`,r STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer, (hero insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that hdshe/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the perwn(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. AMGINA L.GARNER COMM.# 1569561 Signature �� (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY MY corrrrrr • na 13,21109 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the forgoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney,is in force as of the date of this Certificate. - tJLI., L 2006 This Certificate is executed in the City of Irvine,California,the day of 2006 By Albert Hillebrand,Assistant Secretary ID-1438(DSI)(Rev.12(05) IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin,Texas 78714-9104 FAX No.(512)475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerting your premium or about a claim,you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and docs not become a part or condition of the attached document. �. CITY OF FORT WORTH,TEXAS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § IEC 12 2006 That this agreement,made and entered into this the day of ,A.D.2006,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 11 th day of December,A.D. 1924,under the authority 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 hereafter termed Owner,and West Texas Rebar Placers,Inc.,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: Parking Lot Expansion at Rolling Hills Soccer Complex 2. That the work herein contemplated shall consist of furnishing all labor,tools,appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications heretofore prepared by the Parks and Community Services Department of the City of Fort Worth and adopted by the City Council of said City,as an independent contractor,and which plans and specifications are incorporated herein by reference. 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 Engineering Director of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering Director of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 75 working days from the time of commencing said work;that said Contractor shall be entitled to an extension of said time for doing said work for such time as he may necessarily lose or be delayed by unavoidable accidents caused by unforeseen matters over which said Contractor has no control,such as inclemency in the weather,acts of Providence,labor strikes and delivery of materials,in all of which cases the negligence or carelessness of the Contractor is not contributing to such delay. 5. 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 specifications,then the City shall have the right 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 shall pay said City on demand in writing,setting forth and specifying an itemized statement of the total cost thereof,said excess cost. 6. 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 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 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 iniury 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 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. The 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 under a City Contract. 7. The Contractor agrees,on the execution of this Contract,and before beginning work,to make,execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the contract,including the exhibit attached hereto and made a part hereof and such bonds shall be 100 percent of the total contract price,and the 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. 9. It is further agreed that the performance of this Contract,either in whole or in part,shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Department of Engineering Director of said City of Fort Worth. 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 and 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 hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the same. AQFFICIAL f c(ORD IN WITNESS WHEREOF,the City of Fort Worth has caused this instrument to be signed in triplicate 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 three counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the day o �C �oO A.D.2005 RECOMMENDEP B APPROVED BY: 0017 DEPARTMENT OF ENGINEERING PAKS Ayb GOMMUNITY SERVICES DIRECTOR DIRECTOR CITY OF FOR ORTH ATTEST: ��— CITY�MANAGER CIT SECRETARY West Texas Rebar Placers,Inc. CONTRACTOR By: Q G�Rird�t SEAL TITLE 2023 E.Shady Grove#5 Irving TX 75060 ADDRESS APPROV ASO FORM FD LEGA Y SSIS NT ITY ATTORNEY November 1960 Revised November 1982 Revised May 1986 Revised October 1989 Contra t Au or'zation 1�2 Date AQ� S,KeTA n wom, .