HomeMy WebLinkAboutContract 36869-
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CITY OF FORT WORTH, TEXAS
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
GRANITE PLAQUE INSTALLATION FOR EV ANS
A VENUE PLAZA
MIKE MONCRIEF
MAYOR
DECEMBER 2007
CHARLES R. BOSWELL
CITY MANAGER
ROBERT D. GOODE, P. E. -DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
A. DOUGLAS RADEMAKER, P.E. -DIRECTOR
DEPARTMENT OF ENGINEERING
04 -04-08 PQ3 :44 I N
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/26/2008
DATE: Tuesday, February 26, 2008
LOG NAME: 20EVANSPLAQUES REFERENCE NO.: **C-22681
SUBJECT:
Authorize Execution of Construction Contract with Cole Construction, Inc., for Granite Plaque
Installation for Evans Avenue Plaza (DOE 5866)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Cole
Construction , Inc., in the amount of $183,818 for the installation of granite plaques at the Evans Avenue
Plaza.
DISCUSSION:
On March 5, 2002, (M&C C-18983) the City Council authorized the City Manager to execute a contract with
SRO General Contracting, Inc., for the reconstruction of Evans Avenue from East Rosedale Street to
Terrell Avenue and the construction of a public plaza near the intersection of Evans Avenue and Pulaski
Street. The public plaza and sidewalks incorporated historic elements placed on bronze, granite and
limestone plaques to celebrate the achievement of Fort Worth's African American community.
Over time, the weather has caused deterioration of the limestone plaques. This project will remove existing
limestone panels and replace them with engraved granite plaques in the Evans Avenue Plaza .
On October 16, 2007, (M&C G-15927) the City Council authorized the City Manager to approve the use of
$200,000 of Community Development Block Grant Year XXXI Unprogrammed Funds for the Evans and
.... . Rosedale Public Plaza improvements.
The project was advertised on December 6 and 13, 2007. The following bid was received on January 3,
2008:
BIDDER
Cole Construction, Inc.
Time of ComP-letion:
AMOUNT
$183,818 .00
120 Calendar Days Specified
In addition to the construction cost, funding in the amount of $10,000 is required for possible change
orders and inspection services .
.... Cole Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 11 percent
M/WBE participation. The City's goal on this project is 11 percent.
The project is located in COUNCIL DISTRICT 8, Mapsco 77K.
FISCAL INFORMATION/CERTIFICATION:
http://www.cfwnet.org/council _packet/Reports/me _print.asp 2/29/2008
Page 2 of2
The Finance Director certifies that funds are available in the current capital budget, of the Grants Funds.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating DeRartment Head:
Additional Information Contact:
FROM Fund/Account/Centers
GR76 541200 020206005870 $183 ,818.00
Fernando Costa (Acting) (8476)
Robert Goode (7913)
Jim Walker (8009)
http://www.cfwnet.org/council_packet/Reports/mc _print.asp 2/29/2008
TABLE OF CONTENTS
1. Notice to Bidders
2. Special Instructions to Bidders
3. CDBG Construction Guidelines and Prevailing Wage Rates
4. Proposal
5. Vendor Compliance to State Law
6. Minority and Women Business Enterprise Specifications
7. Special Provisions
8. Contractor Compliance With Worker's Compensation Law
9. Certificate of Insurance
10. Performance Bond
11. Payment Bond
12. Maintenance Bond
13. Contract
14. Appendix
A. Plaza Plan -LA.3
B. Granite Plaque Installation -DT .3
C. Granite Plaque Installation -DT .5
D. Granite Plaque Engraving (Pictures)
NOTICE TO BIDDERS
GRANITE PLAQUE INSTALLATION FOR EV ANS A VENUE PLAZA
The project consists of removing existing engraved limestone panels and replacing them with
engraved granite plaques in the Evans A venue Plaza located north of East Rosedale Street for the
City of Fort Worth.
Sealed proposals, addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas
will be received at the Purchasing Office until 1:30 P.M., Thursday, January 3, 2008 and then publicly
opened and read aloud at 2:00 P.M. in the Council Chambers. Plans, Specifications and Contract
Documents for this project may be obtained at the Department of Engineering, Second Floor, Municipal
Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102.
One set of documents will be provided to prospective bidders. Additional sets may be purchased on a
non-refundable basis for twenty dollars ($20.00) per set. These documents contain additional
information for prospective bidders.
For additional information, contact Mr. Michael Weiss, P.E. at (817) 392-8485.
CHARLES R. BOSWELL
City Manager
Advertising Dates: December 6, 2007
December 13, 2007
Robert D. Goode, P.E., Director
Transportation and Public Works
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1.
SPECIAL INSTRUCTIONS TO BIDDERS
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 the Transportation and Public Works Department at (817) 392-
7800. Bids that do not acknowledge all applicable addenda will be rejected as non-
responsive.
SPECIAL INSTRUCTIONS TO BIDDERS
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4. AW ARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest
responsive bidder. The City reserves the right to reject any or all bids and waive any or
all irregularities. No bid may be withdrawn until the expiration of forty-nine ( 49) City
business days from the date that the M/WBE UTILIZATION FORM, PRIME
CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM
("Documentation") is received by the City.
5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder
entering into a contract for the work will be required to give the City surety in a sum
equal to the amount of the contract awarded. The successful bidder shall be required to
furnish bonding as applicable in a sum equal to the amount of the contract awarded. The
form of the bond shall be as herein provided and the surety shall be acceptable to the
City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the
Texas Government Code, as amended.
A. If the total contract price is $25,000 or less, payment to the contractor shall be
made in one lump sum. Payment shall not be made for a period of 45 calendar
days from the date the work has been completed and accepted by the City.
B. If the contract amount is in excess of$25,000, a Payment Bond shall be
executed, in the amount of the contract, solely for the protection of all claimants
supplying labor and material in the prosecution of the work.
C. If the contract amount is in excess of$I00,000, a Performance Bond shall be
executed, in the amount of the contract conditioned on the faithful performance of
the work in accordance with the plans, specifications, and contract documents.
Said bond shall solely be for the protection of the City of Fort Worth.
D. A Two-year Maintenance Bond is required for all projects to insure the prompt,
full and faithful performance of the general guarantee as set forth in Paragraph 7
of the Special Provisions.
To be an acceptable surety on the performance, payment and maintenance bonds, the
surety must be authorized to do business in the state of Texas and meet all requirements
of Texas Insurance Code, section 7 .19-1. In addition, the surety must (I) 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.
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
satisfactory to the City
SPECIAL INSTRUCTIONS TO BIDDERS
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6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 -General
Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain
Construction of the City of Fort Worth, Texas, concerning liquidated damages for late
completion of projects.
7. · EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not
discriminate against any person(s) because of sex, race, religion, color or national origin
and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of
the City of Fort Worth (1986), as amended, prohibiting discrimination in employment
practices.
8 WAGE RA TES: All bidders will be required to comply with provision 5159a of
"Vemons 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.
9. FINANCIAL STATEMENT: A current certified financial statement may be required by
the Department of Engineering Director for use by the CITY OF FORT WORTH in
determining the successful bidder. This statement, if required, 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
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or coverage. A ten days notice shall be acceptable in the event of non-payment of
premmm.
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 insui:ance.
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
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"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. 11923, as amended by Ordinance No. 13471, 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 M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort
Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business
days after the bid opening date, exclusive of the bid opening date. The bidder shall
submit the documentation at the reception area of the Department of Engineering
("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to
comply shall render your bid non-responsive.
Upon contract execution between the City of Fort Worth and the successful bidder, now
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 ofM/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/WBE in a
particular month, place a "0" or "no participation" in the spaces provided, and provide
SPECIAL INSTRUCTIONS TO BIDDERS
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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 Port 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) 392-6104.
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 or 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
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will result on the Contractor being determined to be irresponsible and barred from
participating in City work for a period of time of not less than three years.
13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the
proposal, the City reserves the right to adopt the most advantageous construction thereof
or to reject the proposal.
14. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND
WARRANTY:
a. The contractor will receive full payment (less 5% retainage) from the city for each
pay period.
b. Payment of the retainage will be made with the final payment upon acceptance of the
project as being complete.
c. The project shall be deemed complete and accepted by the City as of the date the final
punch list has been completed, as evidenced by a written statement signed by the
contractor and the City.
d. The warranty period shall begin as of the date that the final punch list has been
completed.
e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment
becoming due and payable.
f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to
the City and there is a dispute regarding (i) final quantities, or (ii) liquidated damages,
City shall make a payment in the amount the City deems due and payable.
g. In the event of a dispute regarding either final quantities or liquidated damages, the
parties shall attempt to resolve the differences within 30 calendar days.
15. AIR POLLUTION WATCH DAYS : The Contractor shall be required to observe the
following guidelines relating to working on City construction sites on days designated as
"AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the
Metroplex area runs from May 1 through October 31, with 6:00 a.m. -10:00 a.m. being
critical because emissions from this time period have enough time to bake in the hot
atmosphere that leads to early afternoon ozone formation.
The Texas Commission on Environmental Quality (TCEQ), in coordination with the
National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p .m. on the
afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS,
the Contractor shall bear the responsibility of being aware that such days have been
designated AIR POLLUTION WATCH DAYS and as such shall not begin work until
10:00 a.m. whenever construction phasing requires the use of motorized equipment for
periods in excess of 1 hour.
However, the Contractor may begin work prior to 10:00 a .m. if use of motorized
equipment is less than 1 hour, or if equipment is new and certified by EPA as
SPECIAL INSTRUCTIONS TO BIDDERS
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"LowEmitting", or equipment bums Ultra Low Sulfur Diesel {ULSD), diesel emulsions,
or alternative fuels such as CNG.
If the Contractor is unable to perform continuous work for a period of at least seven hours
between the hours of 7:00 a.m. -6:00 p.m., on a designated AIR POLLUTION WATCH
. DAY, that day will be considered as a weather day and added onto the allowable weather
days of a given month.
16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance
with Workers Compensation shall be as follows:
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" in. 406.096) -includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person has employees. This
includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project, and
provide to the City:
SPECIAL INSTRUCTIONS TO BIDDERS
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(I) 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.
F. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within ten days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
G. 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.
H. 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;
(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.
SPECIAL INSTRUCTIONS TO BIDDERS
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(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.
I. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false of misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties or other civil actions.
J. The Contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the City to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
City.
"The Contractor shall post a notice on each project site informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Texas Workers'
Compensation Act or other Texas Workers' Compensation commission rules . This
notice must be printed with a title in at least 30 point bold type and text in at least 19
point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following
text, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"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."
17. AGE DISCRIMINATION: In accordance with the policy ("Policy'') of the Executive
Branch of the federal government, contractor covenants that neither it nor any officers,
members, agents or employees who engage in the performance of this contract shall, in
SPECIAL INSTRUCTIONS TO BIDDERS
-JO-
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connection with such employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate
against any person because of their age except on the basis of a bona fide occupational
qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents or employees
acting on their behalf, shall specify in solicitations or advertisements for employees to
work on those contract a maximum age limit for such employment unless the specified
maximum age limit is based upon a bona fide occupational qualification, retirement plan
or statutory requirement.
Contractor warrants that it will fully comply with the Policy and will defend, indemnify
and hold City harmless against any and all claims or allegations filed by third parties
against City arising out of Contractor's alleged failure to comply with the Policy in the
performance of this contract.
18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the
Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not
unlawfully discriminate on the basis of disability in the provision of services to the
general public, nor in the availability, terms or conditions of employment for applicants
for employment with, or current employees of, Contractor. Contractor warrants that it
will fully comply with the ADA's provisions and any other applicable federal, state, or
local laws concerning disability and will defend, indemnify and hold City harmless
against any and all claims or allegations filed by third parties against City arising out of
Contractor's alleged failure to comply with the ADA in the performance of this contract.
END OF SECTION
SPECIAL INSTRUCTIONS TO BIDDERS
-11 -
CDBG CONSTRUCTION GUIDELINES AND PREVAILING WAGE RATES
CONTRACT MANAGEMENT DIVISION
PUBLIC FACILITIES AND IMPROVEMENTS
CDBG CONSTRUCTION GUIDELINES
The use of Community Development Block Grant (CDBG) funds in whole or part for
construction of a public building must follow the federal regulations for CDBG.
PRE-CONSTRUCTION STAGE
A. Clearance and Wage Rates (Contract Management Division, CMD)
1. Obtain Environmental Review from City Housing Department or City
Planning Department to determine if flood plain, effect on community,
etc.
2. Obtain Qualified Service Area documentation from City Planning
Department to determine at least 51 % of residents in service area of
building are low and moderate-income persons.
3. Contract Compliance Specialist will request wage determination from
HUD to meet Davis-Bacon Act (Description of work needed from project
manager) .
4. Provide cost estimate:'and source of funds for construction.
5. Project ~~ager from City Department will notify CMD when project
design is' completed.
6. At least ten days before the bid opening, CMD will verify wage rates and
notify the appropriate project manager ifthere is possibly a modification.
B. Bid Process
1. Bid Document needs to include:
The Contractor's Packet
• Wage rates required by Davis-Bacon Act and predetermined by
Department of Labor per job classification. In the case of contracts
entered into pursuant to competitive bidding procedures bid
opening locks in wage decision. The contract must be signed
within 90 days after the bid opening, if not signed within that
period a new decision will go into effect, if the Contractor does not
agree to the new decision the bidding process must start over.
• HUD contract requirements
• Specifications of construction work
• Project sign design with CDBG identified as a funding source to be
posted in front of building being constructed.
2. Pre-bid conference may be held to address potential contractor questions,
if so, it must be stated in the bid advertisement and provide place and time.
3. Bid advertisement needs to state time and place bids will be opened.
4. Request for bids must be advertised 2 consecutive weeks -at least one
week in newspaper of general circulation.
Contract Management Division
Last revised November 2007
1
5. Project monitor to attend bid opening
C. Contract between Contractor and City of Fort Worth(# 1-5 deal mostly with housing projects)
1. A written contract with the City will be completed prior to the
disbursement of money. The contract will remain in effect during any
period that the agency has control over CDBG funds.
2. A lien will be placed on property over a period to be determined by the
City (minimum of 5 years after expiration of the contract).
3. If during the lien period the facility ceases to meet a CDBG national
objective or eligible activity, the City must be reimbursed at Fair Market
Value of the building, less any portion of the value attributable to the
expenditure of non-building, less any portion of the value attributable to
the expenditure ofnon-CDBG funds for acquiring of, or improvement to,
the property.
4. Contractor selected must obtain liability and workers compensation
insurance.
5. Contractor selected must obtain performance bond.
CONSTRUCTION STAGE
A. Pre-Construction conference
1. Contractor is responsible for sub-contractor compliance with HUD
regulations.
2. Must be held to review federal requirements and submission of payroll
documentation on a weekly basis to CMD.
3. Building must provide handicap accessibility (wheelchair ramps, elevators
and bathrooms).
4. Monitoring site-visits and wage interviews will be conducted by project
monitor.
5. Project monitor must ensure that contractor has not been debarred before
the start of work.
6. Contractor Information and Section 3 attachments must be sent to monitor
with seven days after being received.
B. Construction
1. Submit Start of Work Notice
2. Submit Section 3 Attachments
3. Workers must be paid weekly
4. Submit weekly certified payrolls (number payrolls)
5. Post Wage decision, EEO, Department oflabor wage info.
C. End of Construction
1. Submit End of Work Form
ntract Management Division
ast revised November 2007
2
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2. Retain all information related to project for five years
Project Closeout
1. Audit by City staff
This outline represents the requirements for construction or rehabilitation projects.
We look forward to working closely with you to facilitate the implementation of
these requirements for federally funded construction projects.
Please feel free to call us at any time,
Sherry Johnson (81 7) 3 92-733 3
HOUSING DEPARTMENT, CONTRACT MANAGEMENT DIVISION
Contract Management Division
Last revised November 2007
3
City of Fort Worth, Community Development Block Grant Funded
Construction Projects (Davis-Bacon Applicable)
TO: ALL CONTRACTORS, SUB-CONTRACTORS, AND PAYROLL CLERKS ETC.
FROM: SHERRY JOHNSON, CONTRACT COMPLIANCE SPECIALIST
RE: PAYROLLPROCEDURES
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 certificate from Contractor/ Subcontractor appointed
officer or emplqyee to supervise pqyment of emplqyees, a certificate regarding Equal Emplqyment
Opportuniry, a Labor Standards and Prevailing Wage Req1tirements 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).
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: On!J the wage rates provided ry the Department of Labor are used for this project. The contract
must be signed within 90 days of the bid opening or the biddingprocess for the project must start again or the
Contractor mqy choose to accept a wage modifications if one is required.
Ijyou have a'!)I questions, please contract me at (817) 392-7333.
Thank you,
Sherry Johnson
Required Forms and Dates
WHO COMPLETES DUE SUB PRIME
FORM SUBMIT SUBMIT TO:
REQUIRED FORM TO :
All those who attend Keep For Your Records FILE FILE
Pre-Construction Meeting meeting siim
Contractor and All Subs Before the Start of PRIME Contract
Contractor / Sub Constriction Compliance
Information Monitor
CONTRACTOR At the Start of Construction PRIME Contract
Compliance
Start of Construction Form Monitor
CONTRACTOR After completion of PRIME Contract
Construction Complete construction Compliance
Form Monitor
Section 3 Attachment Forms CONTRACTOR AND Complete and Return PRIME Contract
• Attachment B Self-SUBCONTRACTORS Within Seven (7) Days of Compliance
Certification Form Receipt Monitor
• Attachment D
Statement of Release
Form
• Attachment E
Preliminary Statement
of Workforce Needs
Form
Statement of Policy on CONTRACTOR AND Complete and Return PRIME Contract
Equal Employment SUBCONTRACTORS Within Seven (7) Days of Compliance
Opportunity Form Receipt Monitor
CONTRACTOR AND Complete and Return PRIME Contract
Certification and SUBCONTRACTORS Within Seven (7) Days of Compliance
Acknowledgement Form Receipt Monitor
U.S. Denartment of Housing CONTRACTOR AND Complete and Return PRIME Contract
and Urban Develonment SUBCONTRACTORS Within Seven (7) Days of Compliance
• Certification of Bidder Receipt Monitor
Regarding Equal
Employment
Opportunity Form
• Certification Regarding
Lobbying Form
• Certificate of Owner's
Attorney Form
CONTRACTOR AND Complete and Return PRIME Contract
SUBCONTRACTORS Within Seven (7) Days of Compliance
U.S . Denartment of Housing Receipt Monitor
and Urban Develonment
• Certificate from
Contractor Appointing
officer or employee to
Supervise Payment of
Employees Form
DUE SUB PRIME
REQUIRED FORM WHO COMPLETES SUBMIT SUBMITTO:
FORM TO :
The prime contractor Beginning the first week PRIME CONTRACT
should review ea. your company works on a COMPLIANCE
Payroll Forms Subcontractor's payroll project and for every week Monitor
You are not required to use reports for compliance afterward until your firm Payroll Form WH-347 . You prior to submitting the has completed its work. may use any other type of
payroll, such as computerized 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. De11artrnent of Labor CONTRACTOR AND Attach to the weekly payroll PRIME CONTRACT
Statement of Compliance SUBCONTRACTORS with original signature COMPLIANCE
Form Monitor
CONTRACTOR AND Required when employee is PRIME CONTRACT
SUBCONTRACTORS used in more than one COMPLIANCE
classification, and specify Monitor
Employees Statement of different rates of pay during
Work Verification Form any payroll period
EMPLOYEES MUST Only one employee PRIME CONTRACT
AUTHORIZE ALL authorization is needed for COMPLIANCE
DEDUCTIONS recurring deductions. This Monitor
should accompany the
Payroll Deduction FIRST payroll on which the
Authorization Form deduction appears
U.S. Department of HUD SUBCONTRACTOR Before start of work PRIME CONTRACT
Community Block Grant COMPLIANCE
Input Subcontractor's Monitor
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
Project Designation Sign
MUST POST construction
P RIME CONTRACTOR F ORWARD S ALL F ORM S TO
THE HOUSING CONTRACT MANAGEMENT DIVISION
. . 'Fi . ·.
1 ··o· · ·~··K:' 'T·• ,,•zo·· ·_ ·· •:1··· -:u· ·. ; c .. ffl A ... ·.·.
City of Fort Worth
HOUSING DEPARTMENT
(Contract Management Division)
DAVIS -BACON CONTRACT PACKAGE
,
Revised 04/2007
-
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City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
Table of Contents
PAGE
I. Pre-Construction Conference Minutes/Special Instructions to Bidders on Federally
Funded Projects .......................................................................................... 2-5
II. Contractor/ Sub Information Fonns .................................................................. 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:
VI.
VII.
VIII.
IX.
....................................................... : .. : .................................................... 10-18
Section 3 of the Housing and Urban Development Act of 1968
A. Section 3 Attachment Fonns ....................................................................... 19
I. 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
Statement of Policy on Equal Employment Opportunity Form ..................................... 24
Department of Housing and Urban Development Contract Requirements . .' .................. 25-36
Executive Order 11246, Equal Opportunity Clause; Section 202
A. Executive Order 11246 Fonns
I. 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
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
I. 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
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.
D How to Complete Payroll Fonns
D Equal Employment Opportunity Poster
D U.S. Department of Labor Poster
D Project Designation Sign
1
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
PRE-CONSTRUCTION CONFERENCE MINUTES
DATE: _________ _
LOCATION: ________________________ _
PROJECT NAME: ______________________ _
LOCATION OF PROJECT: ____________________ _
PROJECT NUMBER:----------------------
CONTRACT NUMBER: _____________________ _
ATTENDEES
NAME AND ADDRESS OF FIRM TELEPHONE NUMBER
2
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-
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
PRE-CONSTRUCTION CONFERENCE MINUTES NOTES
3
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
SPECIAL INSTRUCTIONS TO BIDDERS ON FEDERALLY FUNDED PROJECTS
This project is subject to the Davis-Bacon Act (OBA), 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. OBA specifies the
minimum wages to be paid the various classes oflaborers 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 TX20030045. 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
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
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 full 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 (817) 392-7333 or
Marilyn Jackson (817) 392-7329
1000 Throckmorton Street
Fort Worth, Texas 76102
5
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
CONTRACTOR INFORMATION
PROJECT: ____________________ _
1. Contractor: ______________________ _
2. Address : ______________________ _
3. City:----------------------
4. Telephone: __________ Fax: __________ _
5. Federal I.D. #:
6. Officers of the Corporation:
President:
Vice President: ------------
Secretary:
Treasurer:
7. If sole owner or partnership, list owner ( s ):
!Racial/Ethnic Ownership :
I -White American
2 -Black American
3 -Native American
4 -Hispanic American
5 -Asian/Pacific American
6 -Hasidic Jew
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 maintamed by the Department of Housing and Urban
Development (HUD).
Signature------------------
6
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
SUBCONTRACTOR INFORMATION
(To be completed by contractor)
PROJECT: _______________________ _
1. Subcontractor: -----------------------
2. Contract Amount: ----------------------
3. Address:----,-----------------------
3. City:--------------------------
4. Telephone: _________ Fax: ____________ _
5. Federal I.D. #: -----------------------
!Racial/Ethnic Ownership:
1 -White American
2 -Black American
3 -Native American
4 -Hispanic American
5 -Asian/Pacific American
6 -Hasidic Jew
7
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
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
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
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) (City/Town)
____ , has tenninated 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
Commf ORT Wo RTHoBG) Funded
City of Fort Worth
HOUSING DEPARTMENT
(Contract Management Division)
Affirmative Action Plan Under
Section 3 of The
Housing and Urban Development Act of 1968
10
Revised 11/2005
City of Fort Worth Affirmative Action Plan
Part I:
Part II:
Part III:
Part IV:
PartV:
Table of Contents
Purpose and Background Information
1. Summary Explanation and Purpose ........................................................................... 12
2 . Geographical Applicability .................................................................................. 12-13
3. Applicability to Businesses ....................................................................................... 13
4. Applicability to Individuals ....................................................................................... 13
Selection of Subcontractors and Vendors ................................................................................ 14
1.
2.
3.
Procedures ...................................................................................................... 14
Sources for Locating Section 3 Covered Businesses ................................................. 14
Required Contract Clauses ................................................................................... 14-15
Hiring Trainees and Employees ............................................................................................... 15
1. Procedures ................................................................................................. 15-16
2. Good Faith Efforts ..................................................................................................... 16
Compliance and Consequences ................................................................................................ 16
1. Monitoring of Requirements ..................................................................................... 16
2. Grievance Procedures ................................................................................................ 17
3. Sanctions ........................................................................................................... 17-18
Section 3 Attachments ....................................................................................................... 19
1. Self-Certification Form A TI ACHMENT B .......................................................................... 20
2. Statement of Release ATIACHMENT D .............................................................................. 21
3. Preliminary Statement Work Force Needs ATTACHMENT E .......................................... 22
4. BlankPage ...................... , ....................................................................... 23
11
City of Fort Worth Affirmative Action Plan
City ofFort 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. Summary 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 it~ 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 gocid 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. Geographical 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, 1005.01/1, 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, 1013.02/2, 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, 1017/2, 1017/3, 1018/1, 1018/2, 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, 1036.01/2, 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, 1043/5, 1044/1 , 1044/3 , 1044/4, 1044/7, 1045 .01/1, 1045.01/2, 1045.01/3,
1045.01/4, 1045.01/5, 1045.01/6, 1045.01/7, 1045.01/8, 1045 .02/1, 1045.02/2, 1045.02/3, 1045.03/1, .
12
City of Fort Worth Affirmative 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, ll 10.07/4,
1113/01/2, 1135.06/7,1141.0l/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. Applicability 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.
13
City of Fort Worth Affirmative Action Plan
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 any portion of a project utilizing CDBG monie s, the
written prior approval of CMD must be obtained. Furthermore, the following paragraphs must be included in each
subcontract:
14
City of Fort Worth Affirmative 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 . 1701u (section 3). The purpose of section 3 is
to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by section 3, shall, to the greatest extent feasible, be directed to low-and very low-income
persons, particularly persons who are recipients of HUD assistance for housing .
B. The parties 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 subj ect 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 v iolation 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 (I) preference and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-
owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of
compliance with section 7(b).
1. Procedures:
All contractors will provide a completed copy of Attachment E, "Preliminary Statement-Work Force Needs",
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 .
15
City of Fort Worth Affirmative 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 occupational category in which vacancies exist, the contractor will set a realistic goal for the number
oflower 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:
1.
A Contractor may show good faith efforts to hire lower income individuals by:
(1) Confirming with the Department of Housing and Urban Developnient's Regional Administrator, Area
Office Director, or FHA Insuring Office Director, the geographical Section 3 covered area fo r 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
employment positions with the project.
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 informal persuasion
should fail CMD may request that sanctions (as specified below) be applied.
16
City of Fort Worth Affirmative 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.
17
City of Fort Worth Affirmative 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
servi~es, 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 ofM/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 Affirmative Action Plan
SECTION 3 ATTACHMENTS
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/
Alaskan Native
Asian/ Spanish-
Pacific Islander Surnamed
I own at least 51 percent of the above business:
Other (Specify)
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 Affirmative 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
Housing Department, Contract Management Division of the City of Fort Worth.
Business/ Agency Name :
Type of Business/Organization:
Address: -----------------------------------
(Street)
(City) (State) (Zip)
Signature: _______________________ _
Title: _______________________ _
21
City of Fort Worth
Contractor's Name:
Address:
Date:
Employment Classification
CONSTRUCTION:
Foremen
Journeymen
A:tmrentices
Laborers
GRAND TOTAL
ATTACHMENT E
PRELIMINARY STATEMENT
WORK FORCE NEEDS
OCCUPIED PERMANENT POSITIONS
TOTAL MINORITY*
Male Female Male Female Male
Affirmative Action Plan
VACANT POSITIONS**
TOTAL MINORITY* *Minority
-Black
Female Male Female -Spanish-American
-American Indian/
Alaskan Native
-Asian/Pacific
Islander
**Show Section 3 goals
for lower income,
Total lines.
SUBMITTED BY: -------------------TITLE: __________________ _
22
City of Fort Worth Affirmative Action Plan
23
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, b ecause
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 to enter into such
litigation to protect the interest of the United States .
25
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.
1. 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 , re cords,
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 Act of 1968, as
amended, 12 U.S .C. 170lu. 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 h is 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 no tice or
knowledge that the latter has been found in violation ofregulations 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 recip ient 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 perfonnance 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 affinnative 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 infonnation 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 w ith 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-off,
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-KICK.BACK 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" (18 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. DA VIS-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 l(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 Administratqr 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 prov1S1ons 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 rate, 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.
d. 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
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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.
f. Payrolls and Basic Payroll Records of Contractor and Subcontractors
(I) 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 (I) 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 XXXI 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
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) Apprentices 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
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 class ification, fringes shall be paid in accordance with that
. determination. In the event the Bureau of Apprenticeship and Training, or a state apprentic eship
· 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 5.16, trainees will not be pennitted 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 pennitted 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 detennination. 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 detennination 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 detennination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the ratio
pennitted 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
pennitted 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 pennit 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 "3 .
COPELAND ANTI-KICKBACK ACT," "4. DA VIS-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)(l).
(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 Li st 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 Paragraph.
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
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 Housing 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
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:
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes D No D (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 ONo 0
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Yes ONo 0
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 ATIORNEY
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 Security 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 pay all reguired 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 f!)r each craft. Any exceptions shall be noted in Section 4( c).
Contractors who pay no fringe 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 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 app licable
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 d eductions 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
I Project Nanre
Location
U.S. Department of Housing and Urban Development
CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE
TO SUPERVISE PAYMENT OF EMPLOYEES
I Date
~rojectNo.
(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 (I) (we) have appointed
II
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 (ifrequired):
(Name of Firm or Corporation)
(Signature)
(Title)
(Signature)
(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.
45
U . S. DEPARTMENT OF LABOR
WAGE AND HOUR DIVISION
Name of Contractor D Or Subcontractor 0
PAYROLL NO
(1) -2
NO.OF
WITJU IOIJ>IXO NAME, ADDRESS AND r:.Xr:Mrnoss
SOCIAL SECURITY NUMBER
OF EMPLOYEE
OMB# 2501-0007
PAYROLL
(For Contractor's Optional Use, See Instruction Form WH-347 Inst.)
Address
FOR WEEK ENDING PROJECT AND LOCATION
(3) 0 (4) DAY AND DATE (5) (6) (7)
T
WORK 0 TOTAL RATE GROSS FICA
CLASSIFICATION R HOURS OF AMOUNT
PAY EARNED s
T HOURS WORKED EACH DAY
0
s
0
s
0
s
0
s
0
s
0
s
0
s
0
s
47
Form Approved
BudgetFrom No. 44 B1093
PROJECT OR CONTRACT NO
(8) DEDUCTIONS (9)
WITH-OTHER TOTAL
HOLDING DEDUCTIONS NET
TAX WAGES
PAID FOR
WEEK
DAL/DA0-1340.3/2
U. S. DEPARTMENT OF LABOR
WAGE AND HOUR AND PUBLIC
CONTRACTS DIVISIONS
STATEMENT OF COMPLIANCE Form Approved
Budget Bureau No . 44-Rl090
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 ~ny 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
D
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 4{c} below .
{b} WHERE FRINGE BENEFITS ARE PAID IN CASH
D 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 sect i on 4{c} below.
(c) EXCEPTIONS
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)
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.
50
Payroll Deduction Authorization
Th is is the authorization to the ___________ to deduct from my paycheck $
* Th is is for item number:
1.
2.
3.
4.
5.
6 .
Loan
Retirement
Advance on Wages
Savings
Savings Bonds
Un iforms
*This deduction is to be made:
CHECK APPROPRIATE BOX
Date:------
Emp loyee's Signature: _____ _
Printed or Typed Name: _____ _
Project Name and Number: ____ _
REPAYMENT OF:
7 .
8 .
9 .
10.
11.
12.
Credit Union
Profit Sharing
Donations to Agencies
Insurance Premiums
Union Dues
D One time only
D
D
D
51
Weekly
Bi-weekly
For weeks
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT INPUT
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
T o (Appropri ate Recipient) Date
C/0 Project Number {If any)
Project Name
1. The undersigned, having executed a contract with
(Name of Contractor or
Subcontractor)
(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 Genera l 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 :
52
(1) A S ingle 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 unders igned are :
53
(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 :
(Subcontractor)
(Signature) (Typed Name and Title)
54
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
impri~ioned not more than two years, or both."
55
General Decision Number: TX070045 02/09/2007 TX45
Superseded General Decision Number: TX20030045
State: Texas
Construction Types: Heavy and Highway
Counties ·: Collin, Dallas, Denton, Ellis, Grayson, Johnson,
Kaufman, Parker, Rockwall, Tarrant and Wichita Counties in Texas.
HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY.
HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES.
Modification Number
0
Publication Date
02/09/2007
SUTX2004-004 11/09/2004
-Air Tool Operator .............. $
Asphalt Distributor Operator ... $
Asphalt paving machine operator$
Asphalt Raker .................. $
Asphalt Shoveler ............... $
Batching Plant Weigher ......... $
Broom or Sweeper Operator ...... $
Bulldozer operator ........ · ... $
Carpenter ...................... $
Concrete Finisher, Paving ...... $
Concrete Finisher, Structures .. $
Concrete Paving Curbing
Machine Operator ............... $
Concrete Paving Finishing
Maching Operator ............... $
Concrete Paving Joint Sealer
Operator ....................... $
Concrete Paving Saw Operator ... $
Concrete Paving Spreader
Operator ... · ................. ~ .. $
Concrete Rubber ................ $
Crane, Clamshell, Backhoe,
Derrick, Dragline, Shovel
Rates
10.06
13.99
12.78
11. 01
8.80
14.15
9.88
13.22
12.80
12 .85
13.27
12.00
13.63
12.50
13.56
14.50
10.61
Operator ....................... $ 14 . 12
Electrician .................... $ 18.12
Flagger ........................ $ 8. 43
Form Builder/Setter, Structures$ 11.63
Form Setter, Paving & Curb ..... $ 11.83
Foundation Drill Operator,
Crawler Mounted ................ $ 13.67
Foundation Drill Operator,
Truck Mounted .................. $ 16.30
Front End Loader Operator ...... $ 12.62
Laborer, common ................ $ 9.18
Laborer, Utility ............... $ 10.65
Mechanic ....................... $ 16. 97
Milling Machine Operator,
Fine Grade ..................... $ 11.83
Mixer operator ................. $ 11.58
Motor Grader Operator, Fine
Grade .......................... $ 15 . 2 o
htto://www. wdol. eov/wdol/scafiles/davisbacon/TX45 .dvb
Fringes
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Page 1 of3
11/26/2007
Motor Grader Operator, Rough ... $ 14.50
Oi l er .......................... $ 14. 98
Painter, Structures ............ $ 1 3.1 7
Pav emen t Mark i ng Machine
Operator ....................... $ 10 . 0 4
Pipelayer ...................... $ 1 1 .04
Reinforcing Steel Setter,
Paving ......................... $ 14 . 86
Reinforcing Steel Setter ,
Structure ...................... $ 16 . 29
Roller Operator, Pneumatic,
Self-Propelled ................. $ 11.07
Roller Operator, Steel Wheel,
Flat Wheel/Tamping ............. $ 10.92
Roller Operator, Steel Wheel,
Plant Mix Pavement ............. $ 11.28
Scraper Operator ............... $ 11.42
Servicer ....................... $ 12. 32
Slip Form Machine Operator ..... $ 12.33
Spreader Box operator .......... $ 10.92
Tractor operator, Crawler Type.$ 12.60
Tractor operator, Pneumatic .... $ 12.91
Traveling Mixer Operator ....... $ 12.03
Truck driver, lowboy-Float ..... $ 14.93
Truck driver, Single Axle,
Heavy .......................... $ 11.47
Truck driver, Single Axle,
Light .......................... $ 10.91
Truc k Driver, Tandem Axle,
Semi -Trailer ................... $ 11.75
Truck Driver, Transit -Mix ...... $ 12.08
Wagon Drill, Boring Machine,
Post Hole Driller Operator ..... $ 14.00
Welder ......................... $ 13. 57
Work Zone Barricade Servicer ... $ 10.09
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
o.oo
0.00
0.00
0.00
0.00
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the i dentifier do not reflect collectively
bargai ned wage and fringe benefit rates . Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1 .) Has there been an initial decision i n the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
htto://www.wdol.eov/wdol/scafiles/davisbacon/TX45.dvb
Page 2 of3
11/26/2007
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch .of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requester considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
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Page 3 of3
11/26/2007
;.-. WAIS Document Retrieval
[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Off i ce via GPO Access
[CITE: 24CFR135 .38]
[Page 736]
TITLE 24--HOUSING AND URBAN DEVELOPMENT
CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PART 135 ECONOMIC OPPORTUNITIES FOR LOW-AND VERY LOW-INCOME
Subpart B Economic Opportunities for Section 3 Residents and Section 3
Business Concerns
Sec. 135.38 Section 3 clause.
All section 3 covered contracts shall include the following clause
(referred to as the section 3 clause):
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. 1701u (section 3). The purpose of section 3
is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD-assisted projects covered by section 3, shall,
to the greatest extent feasible, be directed to low-and very low-income
persons, particularly persons who are recipients of HUD assistance for
housing.
B. The parties to this contract agree to comply with HUD's
regulations in 24 CFR part 135, which implement section 3. As evidenced
by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that
would prevent them from complying with the part 135 regulations.
C . The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a collective
bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers' representative of the contractor's
commitments under this section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice. The
notice shall describe the section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship
and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions;
and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR part 135,
and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding
that the subcontractor is in violation of the regulations in 24 CFR part
135. The contractor will not subcontract with any subcontractor where
the contractor has notice or knowledge that the subcontractor has been
found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor
is selected but before the contract is executed, and (2) with pe_rsons
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
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11/26/2007
-
WAIS Document Retrieval
debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with section 3
covered Indian housing ass i stance, section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450e) also applies
to the work to be performed under this contract. Section 7(b) requires
that to the greatest extent feasible (i) preference and opportunities
for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to
Indian organizations and Indian-owned Economic Enterprises. Parties to
this contract that are subject to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
Page 2 of2
11 /?h/?007
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/16/2007
DATE: Tuesday, October 16, 2007
LOG NAME: OSOSCDBG/EVRD REFERENCE NO.: G-15927
SUBJECT:
Authorize Use of Community Development Block Grant Year XXXI Unprogrammed Funds for Evans
and Rosedale Public Plaza Improvements
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to approve the use of $200,000 of
Community Development Block Grant Year XXXI Unprogrammed Funds for the Evans and Rosedale
Public Plaza improvements.
DISCUSSION:
On January 11, 2000, (M&C G-12784) the City Council authorized the City Manager to apply for a grant
from the Economic Development Administration (EDA) for the Heritage Center. The funds were used to
reconstruct Evans Avenue from East Rosedale Street to Terrell Avenue with urban design elements
including a plaza, fountain, trees, landscaping, irrigation, benches, monuments, art signage, enhanced
paving, and lighting.
On March 5, 2002, (M&C C-18983) the City Council authorized the City Manager to execute a contract with
SRO General Contracting, Inc., for the reconstruction of Evans Avenue from East Rosedale Street to Terrell
Avenue, and the construction of a public plaza near the intersection of Evans Avenue and Pulaski Street.
In 2004, using the EDA funds, the City of Fort Worth completed the new design elements to the sidewalks
and public plaza along Evans Avenue from Rosedale Street to Terrell Avenue. The new public plaza and
sidewalk improvements incorporated historic elements placed on bronze, granite, and limestone plaques
that celebrate the achievements of Fort Worth's African American community. Over time, the weather has
caused deterioration to the limestone plaques and wooden park benches.
Heritage and cultural tourism is considered essential to the successful revitalization of the Urban Village.
The goal of the Evans and Rosedale Public Plaza improvements is to remove the existing weathered
limestone plaques and replace them with engraved granite plaques, and replace the existing weathered
park benches with weather resistant wrought iron park benches . The improvement price is based on an
estimate provided by the city's Transportation and Public Works Department Community Development
Block Grant (CDBG) funds totaling $200,000 will be used for this improvement.
In accordance with the Citizen Participation Plan, a 30-day comment period was held from August 4, 2007
to September 4, 2007. No citizen comments were received during the comment period.
The project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
Logname: 0505CDBG/EVRD Page I of 2
the Grants Funds.
TO Fund/Account/Centers
GR76 541600 020206005870
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Logname: 0505CDBG/EVRD
$200 .000 .00
FROM Fund/Account/Centers
GR76 539120 005206005990
Dale A. Fisseler (6140)
Jerome C. Walker (7537)
Deidra Emerson (7563)
$200.000 .00
Page 2 of 2
TO: Mr. Charles R. Boswell
City Manager
Fort Worth, Texas
PROPOSAL
FOR: GRANITE PLAQUE INSTALLATION FOR EV ANS A VENUE PLAZA
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 complete all the work as provided in
the plans and specifications, and subject to the inspection and approval of the Director of the Department
of Engineering and Public Works of the City of Fort Worth.
Total quantities in the bid proposal may not reflect actual quantities; however, they are given for the
purpose of bidding on and awarding the contract. The City also reserves the right to increase or decrease
quantities of individual pay items within the contract provided that the total contract amount remains
within plus or minus(+/-) 25% of the contract ward. The Contractor is not entitled to any additional
compensation or renegotiation of individual pay item bid prices.
Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and
furnish Performance and Payment Bond approved by the City of Fort Worth for performing and
completing said work within the time stated and for the following sums, to-wit:
BASE BID
PAY APPROX.
ITEM QUANTITY DESCRIPTION OF ITEMS
1.
2.
15 EA
22 EA
Remove and Dispose of Existing
Engraved Limestone Time Line
Panels and Install Granite Engraved
Panels With Existing Inscriptions
(2 Plaques per Panel)
Remove and Dispose of Existing
Engraved Limestone Arc 'A'
Panels and Install Granite Engraved
Panels With Existing Inscriptions
Re-Install Existing 4" Black
Granite Engraved Diamond.
UNIT
PRICE
$ 4,116.00
$ 3,379.00
TOTAL
AMOUNT
$ 61,740.00
$ 74,338.00
BASE BID (Continued)
PAY APPROX.
ITEM QUANTITY DESCRIPTION OF ITEMS
3. 14 EA Remove and D i spose of Existing
Engraved Limestone Arc 'A'
Panels and Install Granite Engraved
Panels With Existing Inscriptions
Re-Install Existing 4" Black
Granite Engraved Diamond.
UNIT
PRICE
$ 3,410.00
TOTALBID= $
TOTAL
AMOUNT
$ 47 ,740.00
183 ,818.00
This contract is issued by an organization which qualifies for exemption pursuant to the provision of
Article 20.04 (F) of the Texas Limited Sales , Excise and Use Tax Act.
Taxes. All equipment and materials not consumed by or incorporated into the project construction, are
subject to State sales taxes under House Bill 11 , enacted August 15 , 1991.
The Contractor shall comply with City Ordinance 7278 , as amended by City Ordinance 7400 (Fort
Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment
practices.
The undersigned agrees to complete all work covered by these contract documents within One Hundred
Twenty (120) Calendar Days from and after the date for commencing work as set forth in the written
Work Order to be issued by the Owner and to pay not less than the "Prevailing Wage Rates for Street,
Drainage and Utility Construction" as established by the City of Fort Worth, Texas.
Within ten ( 10) working days of receipt of notice of acceptance of this bid, the undersigned will execute
the formal contract and will deliver an approved Surety Bond and other bonds required by the Contract
Documents for the faithful performance of this Contract. The attached bid security in the amount of 5%
in the sum of 5% of the greatest amount bid Dollars ($ is to be forfeited in the
event the contract and bond are not executed within the time set forth, as liquidated damages for delay
and additional work caused thereby.
The Contractor shall mobilize within ten (10) Calendar days of the notice given by the Construction
Engineer. If the Contractor fails to begin work within ten (10) calendar days, a $200 liquidated damage
will be assessed per day.
(I/we), acknowledge receipt of the following addenda to the plans and specifications, all of the
provisions and requirements of which have been taken into consideration in preparation of the foregoing
bid:
Addendum No. 1 (Initials) Addendum No. 3 (Initials) --------------
Addendum No. 2 (Initials) Addendum No. 4 (Initials) --------------
Respectfully submitted:
Cole Construction, Inc.
Title: Operations Manager
Address: 10315 Alta Vista Road
Keller, Texas 76248
Telephone: 817-431-9636 -----------------
E-mail donnie@colecon .com
(SEAL)
Date: 1/3/08
FORT'WORTH ---w· City of Fort Worth
Good Faith Effort Form
ATTACHMENT1C
Page 1 of 3
Check applicable block to describe
rime ·
If you have failed to secure M/WBE 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 M/WBE 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.
F~llure to complete this form, in Its : entirety with supporting doqumentatlon, and received by the
M;:maglng Depa~r11ent on or before , 5:0Q p.m. five (5) City bllsines~ 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} for the completion of this
project, regardless of whether it is to be provided by a M/W.BE or non-M/WBE. (DO NOT LIST NAMES
OF FIRMS) 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
G ui \o u \ HnLJ I, (1n
J
Rev. 05/30/03
ADDITIONAL INFORMATION:
ATTACHMENT 1C
Page 3 of 3
Please provide additional information you feel will further explain your good and honest efforts to obtain
M/WBE 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 paymerit
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 offerer 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 M/WBE(s) listed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
Attachment 1C will be contacted and the reasons for not using them will be verified by
the .. c· y s M/W __ B~ 9ff'~
-~ Do onf r Hunt
Aut o ·zed ignature Printed Signature
t ~JS D1 o~.
Contact Name and Title {if different)
g1J=43i -q0Jo g17 -3 7q -9 S~
Phone Number Fax Number
don ofe W r oler oo, con1
Email Address
l-3-V'2
City/State/Zip Date
Rev. 05/30/03
VENDORCOMPLIANCETOSTATELAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of
contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low
bidder, nonresident 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 nonresident bidder in
order to obtain a comparable contract in the State in which the nonresident's principal place of
business is located. The appropriate blanks in Section A must be filled out by all out-of-State or
nonresident bidders in order for your bid to meet specifications. The failure of our-of-State or
nonresident contractors to do so will automatically disqualify the bidder. Resident bidders must
check the box in Section B.
A. Nonresident 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.
Nonresident vendors in (give State), our principal place of
business, are not required to underbid resident bidders.
B. Our Principal place of business or corporate offices are in the State of Texas [!]
BIDDER:
Cole Construction, Inc. By: Donnie Hunt
Company Name
10315 Alta Vista Road
(Please Print)
Signature: '-().___,__.; ~·
Address
Keller, Texas 76248 Title: Operations Manager
City State Zip
TIDS FORM MUST BE RETURNED WITH YOUR QUOTATION
ATTACHMENT 1C
Page 2 of 3
2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE
subcontractors and/or suppliers from the City's M/WBE Office.
__ Yes
-*-No
Date of Listing __ / ___ ./
3.) Did you solicit bids from M/WBE 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 M/WBE mail listing to include name of flnn and address and a dated copy of letter malled.)
_](_No
4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously
listed, at 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~ of M/WBE finn, person contacted, phone number and date and time of contact.)
~No
NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile
is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and
documentation faxed.
NOTE: If the 11st of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the
bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a
particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two-
thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with
questions 3 and 4.
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of
plans and specifications in order to assist the M/WBEs?
__ Yes
__ No
6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be In
the forms of an affidavit, Include a detailed explanation of why the M/WBE 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 and
inspection of any relevant documentation by City personnel.
(Please use additional sheets, if necessary, and attach.)
Company Name Telephone Contact Person Scope of Work Reason for Rejection
Rev. 05/30/03
M/WBE REQUIRED DOCUMENTATION RECEIPT
Transportation & Public Works
Official Date: _J_1 JO t__QQ_ Official Time:
Bid Date: _I 13_1~
Project Name:
Project Manager:
Forms Submitted By
Name:
Company:
Received By:
16:2 5 81 73795 258
Fax
To :
Co:
Phone:
Fax:
Cou CoNsmvcnoN, INc.
(also known as Sprinkle 'N Sprout Irrigation/Landscape)
Mike Weiss
City of Ft Worth
817-392..()892
10315 Alta Vista Road
Keller, TX 76248
Ph. 817-431-9636
Fax: 817-379--5258
From: Donnie
Date: 1/10/08
Re: MWBE Forms Granite Plaques for Evans
Pages : 4 (including cover sheet)
PAGE 01 /04
D Urgent D For Review D Please Comment 0 Please Reply d Please Quote
• Comments:
01 /10/2 008 15:25 81 7 37 9525 8
FORT WORTH ~ City of Fort Worth
Subcontractors/Suppliers Utilization Form
ATTACHMENT 1A
Page 1 of4
---Check appllcable block to describe prime
n nc.. MNV/OBE NON·M/W/DBE
G,anik . BID DATE
-08
CltY's MIWBE Project Goal: PROJECT NUMBER
/ % I %
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Managing
Department on pr before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid .opening date,
will result in the bid being considered non-responsive to. bid specifications.
The undersigned Offerer agrees to enter into a formal agreement with the M/WBE firm(s) listed in this
utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The Intentional
and/or .knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the
bid being considered non-responsive to bid specifications ·
M/WBEs listed toward meeting the project goal must be located in the nine (9) ·county marketplace or
currently dolng business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Parker, Johnson, Collln, Dallas, Denton, Ellis, Kaufman and Rockwall counties .
Identify each Tier level. Tier is the level of subcontracting bel9w the prime contractor, I.e., a direct
payment from the prime_contr~ctor . .to a subcontractor is considered 1s1·.tler, a payment by a -suqcontractor to
its suppller is. considered 2nd tier ·
ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have
been determined to be bonaflde minority or women businesses by the North Central Texas Regional Certification
Agency (NCTRCA), or the Texas Department of Transportation (TX oon, highway division . Disadvantaged Business
Enterprise (DBE) Is synonymous with Minority/Women Business Enterprise (M/WBE).
1.f .. h~uHn~-~~~-~.i.~~ ,ar.~ ·utHi~,~t !~e :pr_ir:ne :.~illJ~~' :-;~_iV,$1'.1 :cre~i~ :as :1ong _)1s :the !M/WijE i.li~ted ·owr:is and
OP..~~~~~J~.\J~~a~t:.on~. ;fullY,:.lip~r,~~ft~u;i~t,9.P.-~r~~.<;mc;1! ;t~.9.~J~.-:qe .. u~~ Pn :!h,$--pRn~r~pt'. _; T~~))(it.{-v,~g r:n.~y . l~a.se
trµq~~ ~flym }~.~8m~r :~tw,~~.'~r'J1!.:':1p~(4q,p_g :~§.~-~.qwr.~r:PP~~,<?r~, \~r\?-.:\f.~~-~IY~ ;full}~t'W,~,t-J~~~,.~. , ·,Pe.
M/\IY.B.~_:;,·~~YiJ~~!3.~ :.truqks frQ,m, .?1J.90~MI.WB.f;s, ·.,.ni:;1!:J9..1,n~n~wner'7op~~tpr~.-J~1.,1.t_ :w!II !o,nly r.e.9~(v~.:.'9r~d1t .for the .
fees and -commissions earned .bv:the-M/WBE as outlined m the lease agreement. · · .... ·.. ·
Rev. 5/30/03
01 /10/2 00 8 15:25
-·FoRT.;o~
81 7 3 7 95 2 5 8
AITACHMENT 1A
Page 2 of 4
Primes are required to identify & subcontractors/suppllers, regardless of status: I.e., Minority, Women and non-MNVBEs.
Please rist MNVBE firms first, use addltlonal sheets If necessary.
Certification N
(check one) 0
SUBCONTRACTOR/SUPPLIER n T N T Detail Detail Company Name I C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T ·o w Telephone/Fax r B B R 0 B E E C T E
A
Outlaw Ha.uf,fi9 II Hqul,.n3 ao
1
Joo~ ov p.o . .BoX' 18J853 I Ar ln;i +on JU 1.509'.
Ph~ 11-&io-05W
Cold Spr 1!'1? · GR..PtN .1T6 jJ./ /pDO . Oc5
l
· 14 o I Post ffi Cir . /
N\a.rbl~FoJ \.)] <o-S 4
8 00 -3;J<g -70Q I
Rev. 5/30/03
01 /10 /20 0 8 15:2 5 81 737 95258
·· FoRT WORTH ----.,.,-
Total Dollar Amount of M/WBE Subcontractors/Suppliers
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers
$ JD ·,3ob .
$ 3f{;OO . 00
P AGE 04 /04
ATTACHMENT 1A
Page 4of4
0D
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS -$ 61( qao. o-O
The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval
of the Minority and Women Business Enterprise Office Manager or deslgnee through the submittal of a
Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of
contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor
shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed
M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance detennination.
· By affixing a signature to this fonn, the Offerer further agrees to provide, directly to the City upon · request,
complete and accurate information regarding actual work performed by all subcontractors, including
M/W/DBE(s) arrangements submitted with the bid. The Offerer also agrees to allow an audit and/or
examination of any books, records and files held by their company. · The bidder agrees to allow the
transmission of interviews with owners, principals, officers, employees and applicable
subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work
performed by the MlW/DBE(s) on this contract. by an authorized officer or. employee of. the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment
from City work for a period of not less than three (3) years and for initiating action under Federal, State or
Local laws concerning false statements. Any failure to comply with this ordinance and create a material
breach of contract may result in a determination of an irresponsible Offerer arid barred from participating in
City work for a period of time not less than one (1) year.
Donai e rd L) V) t-
Printed Signature
Contact Nameffitle (if dlffenmt)
· Company Name
8\l-Y3l-g~J{a FaJc R/7-379-6:J
Telephone andfor Fax
i0316 Al ±a Vts±°' Rot
Address E·mall Address
daoo1e@ ·cole.co0 .com
Xe I 1c:V' , TX ]brJ42
Clty!StatofZJp . Date
1-ID-D~
Rev. 5/30/03
-
SPECIAL PROVISIONS
GRANITE PLAQUE INSTALLATION FOR EV ANS AVENUE PLAZA
1. SCOPE OF WORK: The work covered by these plans and specifications consists of:
removing existing engraved limestone panels and replacing them with engraved granite
plaques in the Evans A venue Plaza located north of East Rosedale Street for the City of Fort
Worth. These items are described in the Special Provisions of these specifications. The
work also consists of all other miscellaneous items of construction to be performed as
outlined in the Plans and Specifications, which are necessary to satisfactorily complete the
work.
(a) The Contractor shall mobilize within ten (10) calendar days of the notice given by the
Construction Engineer for any locations. If the Contractor fails to begin work within
ten (10) calendar days, a $200 liquidated damage will be assessed per day.
(b) Total quantities given in the bid proposal may not reflect actual quantities, but
represent the best estimate based on a reasonable effort of investigation; however,
they are given for the purpose of bidding on and awarding the contract.
(c) The number of calendar days shall be 120.
2. CONTRACT AW ARD: Contract may not necessarily be awarded to the lowest bidder.
The City Engineer shall evaluate and recommend to the City Council the best bid, which is
considered to be in the best interest of the City. The contract will be awarded to the lowest
responsive and responsible bidder.
3. SUBMITT ALS FOR CONTRACT AW ARD: The City reserves the right to require
Contractor who is the apparent low bidder(s) for a project to submit information as the City,
in sole discretion may require, including but not limited to manpower and equipment records,
information about key personnel to be assigned to the project, and construction schedule, to
assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a
quality product and successfully complete the project for the amount bid within the stipulated
time frame. Based upon the City's assessment of the submitted information, a
recommendation regarding the award of a contract will be made to the City Council. Failure
to submit the information if requested may be grounds for rejecting the apparent low bidder
as non-responsive. Affected contractors will be notified in writing of a recommendation to
the City Council.
4. CONTRACT TIME: The Contractor agrees to complete the Contract within the allotted
number of days. If the Contractor fails to complete the work within the number of days
specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of
the "General Provisions" of the Standard Specification for Construction of the City of Fort
Worth, Texas.
5. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the
completion of this contract. In order to insure that the Contractor is responsive when notified
SP-I
of unsatisfactory performance and/or of failure to maintain the contract schedule, the
following process shall be applicable:
The work progress on all construction projects will be closely monitored. On a bi-monthly
basis, the percentage of work completed will be compared to the percentage of time charged
to the contract. If the amount of work performed by the Contractor is less than the percentage
of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated
contract time as may be amended by change order), the following proactive measures will be
taken:
A. A letter will be mailed to the contractor by certified mail, return receipt requested
demanding that, within 10 days from the date that the letter is received, it provide
sufficient equipment, materials, and labor to ensure completion of the work within the
contract time. In the event the Contractor received such a letter, the Contractor shall
provide to the City an updated schedule showing how the project will be completed
within the contract time.
B. The Project manager and the Directors of the Department of Engineering, and
Department of Transportation and Public Works will be made aware of the situation. If
necessary, the City Manager's Office and the appropriate City Council Members may also
be informed.
C. Any notice that may, in the City's sole discretion, be required to be provide to interested
individuals will be distributed by the Engineering Department's Public Information
Officer.
D. Upon receipt of the Contractor's response, the appropriate City departments and directors
will be notified. The Engineering Department's Public Information Officer will, if
necessary, will then forward updated notices t the interested individuals.
E. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a
second time prior to the completion of the contract, the bonding company will be notified
appropriately.
6. TERMINATION: The City reserves the right to abandon, without obligation to the
Contractor, any part of the project or the entire project at any time before the Contractor
begins any construction work authorized by the City.
7. REFERENCE SPECIFICATIONS: This Contract and project are governed by the
following published specifications (latest edition), except as modified by these Special
Provisions:
STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN
CONSTRUCTION. CITY OF FORT WORTH; and
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS
A copy of these specifications may be purchased at the Office of the Department of
Transportation and Public Works, 1000 Throckmorton Street, 2°d Floor, Municipal Building,
SP-2
Fort Worth, Texas 76102. The applicable specifications are indicated on the plans and in the
Contract Documents. If not shown, then applicable published specifications in any of these
documents may be followed at the discretion of the Contractor.
8. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or
sheets from the Contract Documents at any time. Failure to bid or fully execute Contract
without retaining Contract Documents intact may be grounds for designating bids as "non-
responsive" and rejecting bids or voiding Contract as appropriate and as determined by the
Director of the Transportation and Public Works Department.
9. WARRANTY: Bidders shall be responsible for defects in this project due to contractor's
faulty materials or workmanship for a period of 2 years from the date of final acceptance of
the project. The Contractor shall replace at its expense any part or all of the project that
becomes defective due to these causes.
10. TRAFFIC CONTROL: The Contractor will be required to obtain a "Street Use Permit"
prior to starting work. As part of the "Street Use Permit", a traffic control plan is required.
The Contractor shall be responsible for providing traffic control during the construction of
this project consistent with the provisions set forth in the latest edition of the "Texas Manual
on Uniform Traffic Control Devices for Streets and Highways" issued under the authority
of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article
6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31.
The Contractor will not remove any regulatory sign, instructional sign, street name sign or
other sign, which has been erected by the City. If it is determined that a sign must be
removed to permit required construction, the Contractor shall contact the Transportation and
Public Works Department, Traffic Services Division (phone number 871-8100), to remove
the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with
a temporary sign meeting the requirements of the above referenced manual and such
temporary sign must be installed prior to the removal of the permanent sign. If the temporary
sign is not installed correctly or if it does not meet the required specifications, the permanent
sign shall be left in place until the temporary sign requirements are met. When construction
work is completed to the extent that the permanent sign can be reinstalled the Contractor
shall again contact the Traffic Services Division to reinstall the permanent sign and shall
leave his temporary sign in place until such reinstallation is completed.
Traffic control will not be paid for directly, but shall be considered subsidiary to the various
bid items of the contract. Contractor shall limit his work within one continuous lane of
traffic at a time to minimize interruption of the flow of traffic upon the approval of the City
Engineer. Driveway access to Fire Station No. 5 shall be maintained at all times.
See Special Instructions to Bidders Item No. 15, for further work time restrictions on "Air
Pollution Watch Days" with substantial use of motorized equipment.
12. PAYMENT: The Contractor will receive bi-weekly payment (minus 5% retainage) from the
City for all work for each pay period. Payment of the remaining amount shall be made with
the final payment, and upon acceptance of the project. See Paragraph 14, Special Instructions
to Bidders.
SP-3
13. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the
work, except when direct and unavoidable extra cost to the Contractor is caused by the failure
of the City to provide information or material, if any, which is to be furnished by the City.
When such extra compensation is claimed a written statement thereof shall be presented by
the Contractor to the Engineer and if by him found correct shall be approved and referred by
him to the Council for final approval or disapproval; and the action thereon by the Council
shall be final and binding. If delay is caused by specific orders given by the Engineers to
stop work or by the performance of extra work or by the failure of the City to provide
material or necessary instructions for carrying on the work, then such delay will entitle the
Contractor to an equivalent extension of time, his application for which shall, however, be
subject to the approval of the City Council; and no such extension of time shall release the
Contractor or the surety on his performance bond form all his obligations hereunder which
shall remain in full force until the discharge of the Contract.
14. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a
manner as to create a minimum of interruption to traffic and pedestrian facilities and to the
flow of vehicular and pedestrian traffic within the project area. Contractor shall be
responsible for installing all construction signs, barricades, and markings necessary to
provide adequate traffic controls for purposes of construction.
Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers
and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. The furnishing,
placing, and maintaining of barriers and warning and/or detour signs by the Contractor will
not be paid for directly, but shall be considered subsidiary to the various bid items of the
contract.
Construction signing and barricades shall conform with the "Texas Manual on Uniform
Traffic Control Devices. Vol. No. I."
15. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill
material, the Contractor shall advise the Director of the Department of Engineering acting as
the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all
sites where the Contractor intends to dispose of such material. Contractor shall not dispose
of such material until the proposed sites have been determined by the Administrator to meet
the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No.
· 10056). All disposal sites must be approved by the Administrator to ensure the filing is not
occurring within a flood plain without a permit. A flood plain permit can be issued upon
approval of necessary engineering studies. No fill permit is required if disposal sites are not
in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter
signed by the Administrator stating that the site is not in a known flood plain or by a Flood
Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with
obtaining the fill permit, including any necessary engineering studies, shall be at the
Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site
without a fill permit or a letter from the administrator approving the disposal site, upon
notification by the Director of Engineering, Contractor shall remove the spoil/fill material at
its expense and dispose of such materials in accordance with the Ordinance of the City and
this section. ·
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17. ZONING COMPLIANCE: During the construction of this project, the Contractor shall
comply with present zoning requirements of the City of Fort Worth in the use of vacant
property for storage purposes.
18. FINAL CLEANUP: Final cleanup shall be done for this project as soon as the work has
been completed. No more than seven (7) days shall elapse after completion of construction
before the roadways, sidewalks, plaza, and rights-of-way are cleaned up to the satisfaction of
the Engineer.
19. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless
otherwise directed by the Engineer.
20. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish
the Construction Engineer, prior to construction, a schedule outlining the anticipated time
each phase of construction will begin and be completed, including sufficient time being
allowed for cleanup.
21. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES: The following
. procedures will be followed regarding the subject item on this Contract:
(a) A warning sign not less than five inches by seven inches, painted yellow with black
letters that are legible at tw.elve feet shall be placed inside and outside vehicles such as
cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar
apparatus. The warning sign shall read as follows:
"WARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN TEN
FEET OF HIGH VOLTAGE LINES."
(b) Equipment that may be operated within ten feet of high voltage lines shall have an
insulating cage-type of guard about the boom or arm, except back hoes or dippers and
insulator links on the lift hood connections.
(c) When necessary to work within ten feet of high voltage electric lines, notification shall be
given the power company (TXU Electric Service Company) which will erect temporary
mechanical barriers, de-energize the line or raise or lower the line. The work done by the
power company shall not be at the expense of the City of Fort Worth. The notifying
department shall maintain an accurate log of all such calls to TXU Electric Service
Company and shall record action taken in each case.
( d) The Contractor is required to make arrangements with the TU Electric Service Company
for the temporary relocation or raising of high voltage lines at the Contractor's sole cost
and expense.
(e) No person shall work within ten feet of a high voltage line without protection having
been taken as outlined in Paragraph (c).
25. RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three (3)
years after final payment under this Contract have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the Contractor
SP-5
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involving transactions relating to this Contract. Contractor agrees that the City shall have
access during normal working hours to all necessary Contractor facilities and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with
the provisions of this section. The City shall give Contractor reasonable advance notice of
intended audits.
(a) Contractor further agrees to include in all its subcontracts hereunder a provision to the
effect that the subcontractor agrees that the City shall, under the expiration of three (3)
years after final payment under the subcontract, have access to and the right to examine
and photocopy any directly pertinent books, documents, papers and records of such
subcontractor involving transactions to the subcontract and further, that City shall have
access during normal working hours to all subcontractor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this article together with subsection (c) hereo£ City shall give
subcontractor reasonable advance notice of intended audits.
(b) Contractor and subcontractor agree to photocopy such documents as may be requested by
the City. The City agrees to reimburse Contractor and/or subcontractor for the cost of
copies at the rates as contained in the Texas Administrative Code at the time payment is
made.
26. TRENCH SAFETY: The Contractor must comply with the following basic requirements in
order to provide for the safety and health of workers in a trench. The Contractor shall
develop, design and implement the trench excavation safety protection system. The
Contractor shall bear the sole responsibility for the adequacy of the trench safety system and
providing "a safe place to work" for the workman.
The trench excavation safety protection system shall be used for all trench excavations deeper
than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational
Safety and Health Administration, U.S. Department of Labor, shall be the minimum
governing requirement of this item and is hereby made a part of this specification. The
Contractor shall, in addition, comply with all other applicable Federal, State and local rules,
regulations and ordinances.
The Contractor shall provide all methods used for trench excavation safety protection
including furnishing, designing, providing all materials, tools, labor, equipment and
incidentals necessary, including removal of the system.
27. SUBSIDIARY WORK: Any and all work specifically governed by documentary
requirements for the project such as conditions imposed by the Plans, the General Contract
Documents or these Special Contract Documents, in which no specific item for bid has been
provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of
which shall be included in the price bid in the Proposal, for each bid item. Traffic Control,
surface restoration, and cleanup are general items of work, which fall in the category of
subsidiary work.
28. SUBSTITUTIONS: The specifications for materials set out the minimum standard of
quality, which the City believes necessary to procure a satisfactory project. No substitutions
SP-6
will be permitted until the Contractor has received written permission of the Engineer to
make a substitution for the material, which has been specified. Where the term "or equal", or
"or approved equal" is used, it is understood that if a material, product, or piece of equipment
bearing the name so used is furnished, it will be approved, as the particular trade name was
used for the purpose of establishing a standard of quality acceptable to the City. If a product
of any other name is proposed for use, the Engineer's approval thereof must be obtained
before the proposed substitute is procured by the Contractor. Where the term "or equal", or
"or approved equal" is not used in the specifications, this does not necessarily exclude
alternative items or material or equipment which may accomplish the intended purpose.
However, the Contractor shall have the full responsibility of proving that the proposed
substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the
sole judge of the acceptability of substitutions. The provisions of this sub-section as related
to "Substitutions" shall be applicable to all sections of these specifications.
29. TEMPORARY SOIL EROSION, SEDIMENT AND WATER POLLUTION
CONTROL: The Contractor shall provide all temporary soil erosion, sediment and water
pollution control measures for the duration of the Contract in compliance with Federal
(EPA), State of Texas, and City of Fort Worth regulations. The temporary measures shall
include silt fences, temporary construction entrances, dikes, dams, berms, sediment basins,
fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble
liners, baled-hay retards, dikes, slope drains, and other devices. Such prevention measures
shall be in accordance with the North Central Texas Council of Governments Storm Water
Quality Best Management Practices for Construction Activities. All work, materials, and
equipment necessary to provide temporary erosion control shall be considered subsidiary to
the Contract and no extra pay will be given for this work.
30. EXISTING UTILITIES: It shall be the responsibility of the Contractor to determine the
existence of, to verify locations, elevations, and dimensions of adjacent and/or conflicting
utilities in order that adjustments can be made to provide adequate clearances. The
Contractor shall preserve and protect public utilities at all times during construction. Any
damage to utilities resulting from the Contractor's work shall be restored at the Contractor's
expense. Public utilities shall be notified when proposed facilities conflict with existing
utilities.
Contractor shall contact the following utility companies 48 hours prior to doing work at any
location:
Atmos Gas
Southwestern Bell
AT&T
Marcus Cable
TXU Electric
City of Port Worth Water Department
City of Port Worth Transportation and Public Works Department
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Metro (214) 263-3444
1-800-344-83 77
1-800-878-8711
(817) 246-5538
1-800-233-2133
(817) 392-8275
(817) 3 92-8100
31. CONSTRUCTION:
The City of Fort Worth maintains a "CONFINED SPACE ENTRY PROGRAM" for its
employees, and all contractors and their subcontractors must comply with this program as a
condition of the contract. All active sewer manholes, regardless of depth, are defined as
"permit required confined spaces". Contractors will be required to complete the
"CONFINED SPACE ENTRY PERMIT" used by the Fort Worth Water Department (Field
Operations Division) for each entry and possess and use the equipment necessary to comply
with this program. The cost of complying with this program will be considered subsidiary to
any pay items involving work in confined spaces.
32. DESCRIPTION OF PAY ITEMS:
A. NON-PAY ITEMS:
PROTECTION OF FENCES, TREES, PLANTS AND SOIL:
All property along and adjacent to the Contractor's operations including the Evans Avenue
Plaza, fountain, irrigation system, tree drains, fences, 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. No direct payment will be made for this item, and it shall be
considered incidental to this Contract.
B. PAY ITEMS:
1. Remove and Dispose of Existing Engraved Limestone Time Line Panels and Install
Granite Engraved Panels with Existing Inscriptions:
2. Remove and Dispose of Existing Engraved Limestone Arc 'A' Panels and Install
Granite Engraved Panels with Existing Inscriptions. Re-Install Existing 4" Black
Granite Engraved Diamond:
3. Remove and Dispose of Existing Engraved Limestone Arc 'B' Panels and Install
Granite Engraved Panels with Existing Inscriptions. Re-Install Existing 4" Black
·Granite Engraved Diamond:
SECTION 02780 BRICKPAVERS & CUT STONE SPECIFICATIONS:
PART! -GENERAL
1.1 RELATED DOCUMENTS
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
This Section includes the following:
1. Existing brick pavers set in mortar setting bed are to be replaced if removed for
or damaged by the installation of the granite plaques.
SP-8
1.3
2. Cut-stone set in mortar setting bed.
SUBMITIALS
A. Product Data: For the following:
1. Brick pavers.
2. Granite panels.
3. Mortar and grout materials.
B. Samples for Initial Selection: Manufacturer's color charts consisting of units or
sections of units showing the full range of colors, textures, and patterns available for
each type of unit paver and granite indicated. Pavers are to match existing materials
used in the Evans Avenue Plaza. Granite color shall be 'Ming Gold'.
C. Samples for Verification: Full-size units of each type of unit paver and granite
indicated; in sets for each color, texture, and pattern specified, showing the full range
of variations expected in these characteristics.
D. Qualification Data: For firms and persons specified in "Quality Assurance" Article to
demonstrate their capabilities and experience. Include lists of completed projects with
project names and addresses, names and addresses of Engineers and owners, and other
information specified.
1.4 QUALITY ASSURANCE
A. Installer Qualifications: An experienced installer who has completed unit paver
installations similar in material, design, and extent to that indicated for this Project and
whose work has resulted in construction with a record of successful in-service
performance.
B. Source Limitations: Obtain each type of unit paver, joint material, and setting material
from one source with resources to provide materials and products of consistent quality
in appearance and physical properties.
1.5. DELIVERY, STORAGE, AND HANDLING
. A. Protect unit pavers during storage and construction against soiling or contamination
from earth and other materials.
1. Cover pavers with plastic or use other packaging materials that will prevent rust
marks from steel strapping.
B. Store cementitious materials on elevated platforms, under cover, and in a dry location.
Do not use cementitious materials that have become damp.
1.6 PROJECT CONDITIONS
A. Cold-Weather Protection: Do not use frozen materials or materials mixed or coated
with ice or frost. Do not build on frozen subgrade or setting beds. Remove and replace
unit paver work damaged by frost or freezing.
B. Weather Limitations for Mortar and Grout: Comply with the following requirements:
1. Cold-Weather Requirements: Protect unit paver work against freezing when
atmospheric temperature is 40 deg F ( 4 deg C) and falling. Heat materials to
SP-9
2.
provide mortar and grout temperatures between 40 and 120 deg F ( 4 and 49 deg
C). Provide the following protection for completed portions of work for 24
hours after installation when the mean daily air temperature is as indicated:
below 40 deg F ( 4 deg C), cover with weather-resistant membrane; below 25 deg
F (-4 deg C), cover with insulating blankets; below 20 deg F (-7 deg C), provide
enclosure and temporary heat to maintain temperature above 32 deg F (0 deg C).
Hot-Weather Requirements: Protect unit paver work when temperature and
humidity conditions produce excessive evaporation of setting beds and grout.
Provide artificial shade and windbreaks and use cooled materials as required.
Do not apply mortar to substrates with temperatures of 100 deg F (38 deg C) and
higher.
a. When ambient temperature exceeds 90 deg F (32 deg C) with a wind
velocity greater than 8 mph (13 km/h), set pavers within 1 minute of
spreading setting-bed mortar.
PART 2 -PRODUCTS
2.1 MANUFACTURERS
A. Available Manufacturers: Subject to compliance with requirements, manufacturers
offering products that may be incorporated into the Work include, but are not limited
to, the following:
1. Brick Pavers: Pine Hall Brick Co. or approved equal.
2.2 COLORS AND TEXTURES
Colors and Textures: As indicated by manufacturer's designations.
2.3 UNIT PAVERS
A. Brick Pavers: Light-traffic paving brick; ASTM C 902, Class SX, Type I, Application
PX. Provide brick without frogs or cores in surfaces exposed to view in the completed
Work.
B. Brick Pavers: Heavy vehicular paving brick; ASTM C 1272, Type F, Application PX.
Provide brick without frogs or cores in surfaces exposed to view in the completed
Work.
C. Cut Stone: Granite, l" thick, with steeled (sandblasted) finish suitable for pedestrian
traffic. Contractor shall submit sample of 'Ming Gold' colored granite material with a
steeled finish to engineer for approval prior to engraving. Granite plaque dimensions
and engraving shall match existing limestone plaques that will be removed.
2.4 PORTLAND CEMENT MORT AR SETTING-BED MATERIALS
A. Portland Cement: ASTM C 150, Type I or II .
B. Hydrated Lime: ASTM C 207, Type S.
C. Water: Potable.
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2.5 MORT AR MIXES
A. General: Comply with referenced standards and with manufacturers' written
instructions for mix proportions, mixing equipment, mixer speeds, mixing containers,
mixing times, and other procedures needed to produce setting-bed and joint materials
of uniform quality and with optimum performance characteristics. Discard mortars and
grout when they have reached their initial set.
B. Cement-Paste Bond Coat: Mix bond coat to a consistency similar to that of thick cream
and consisting of either neat cement and water or cement, sand, and water.,
1. For latex-modified portland cement setting-bed mortar, substitute latex
admixture for part or all of water per directions of latex-additive manufacturer.
C. Portland Cement-Lime Setting-Bed Mortar: Type M complying with ASTM C 270,
Proportion Specification.
PART 3 -EXECUTION
3.1 EXAMINATION
Examine areas indicated to receive paving, with Installer present, for compliance with
requirements for installation tolerances and other conditions affecting performance. Proceed
with installation only after unsatisfactory conditions have been corrected.
3.2
3.3
A.
B.
A.
B.
C.
PREPARATION
Vacuum clean concrete substrates to remove dirt, dust, debris, and loose particles.
Remove substances from concrete substrates that could impair mortar bond, including
curing and sealing compounds, form oil, and laitance.
INSTALLATION, GENERAL
Do not use unit pavers with chips, cracks, voids, discolorations, and other defects that
might be visible or cause staining in finished work.
Mix pavers from several pallets or cubes, as they are placed, to produce uniform blend
of colors and textures.
Cut unit pavers with motor-driven masonry saw equipment to provide clean, sharp,
unchipped edges. Cut units to provide pattern indicated and to fit adjoining work
neatly. Use full units without cutting where possible. Hammer cutting is not
acceptable.
D. Joint Pattern: As indicated on plans.
E. Tolerances: Do not exceed 1/16-inch (1.6-mm) unit-to-unit offset from flush (lippage)
nor 1/8 inch in 24 inches (3 mm in 600 mm) and 1/4 inch in 10 feet (6 mm in 3 m) from
level, or indicated slope, for finished surface of paving.
SP-11
F. Expansion and Control Joints: Provide for sealant-filled joints at locations and of
widths indicated. Provide joint filler as backing for sealant-filled joints where
indicated. Install joint filler before setting pavers.
G. Where pavers embedded in concrete are indicated as edge restraints for pavers set in
aggregate setting bed, install pavers embedded in concrete and allow concrete to cure
before placing aggregate setting bed and remainder of pavers. Hold top of concrete
below aggregate setting bed.
3.4 MORTAR SETTING-BED APPLICATIONS
A. Saturate concrete subbase with clean water several hours before placing setting bed.
Remove surface water about one hour before placing setting bed.
B. Apply cement-paste bond coat over surface of concrete subbase about 15 minutes
before placing setting bed. Limit area of bond coat to avoid its drying out before
placing setting bed. Do not exceed 1/16-inch (1.6-mm) thickness for bond coat.
C. Apply mortar bed over bond coat immediately after applying bond coat. Spread and
screed setting bed to uniform thickness at subgrade elevations required for accurate
setting of pavers to finished grades indicated.
D. Mix and place only that amount of mortar bed that can be covered with pavers before
initial set. Cut baqk, bevel edge, remove, and discard setting-bed material that has
reached initial set before placing pavers.
E. Wet brick pavers before laying if the initial rate of absorption exceeds 30 g/30 sq. in.
(30 g/194 sq. cm) per minute when tested per ASTM C 67. Allow units to absorb
water so they are damp but not wet at the time of laying.
F. Place pavers before initial set of cement occurs. Immediately before placing pavers on
setting bed, apply uniform 1/16-inch-(1.5-mm-) thick, slurry bond coat to bed or to
back of each paver with a flat trowel.
G. Tamp or beat pavers with a wooden block or rubber mallet to obtain full contact with
setting bed and to bring finished surfaces within indicated tolerances. Set each paver in
a single operation before initial set of mortar; do not return to areas already set and
disturb pavers for purposes of realigning finished surfaces or adjusting joints.
H . Spaced Joint Widths: Butt joint, with sand swept into voids.
3.5 REPAIR, POINTING, CLEANING, AND PROTECTION
Remove and replace unit pavers that are loose, chipped, broken, stained, or otherwise
damaged or that do not match adjoining units as intended. Provide new units to match
adjoining units and install in same manner as original units, with same joint treatment
and with no evidence of replacement.
END OF SECTION 02780
SP-12
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 Project Granite Plague Installation for Evans Avenue Plaza
and City of Fort Worth Project No . DOE 5866 .
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
CONTRACTOR:
Cole Cons±ruc±ra n
By: ~..c If' .
Name : i!OJnoe±bJbor 0(:
Title: PcP2A .
Date 01s;2
authority, on this day personally appeared
known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged 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 _6_ day of v/J1@ , 2o[JJ
~,..~~~:.,,. Rhonda R Sweet ~~~·-· .... ,·~ . r;"" 't\ Notary Publi~, ~tate of .Te~as
\.,'.. .::! My Comm1ss1on Expires .
·~::.!ii'\.~~ September 13, 2009 ..........
Texas
CERTIFICATE OF INSURANCE
STANDARD FORM BY INSURER
EXPERIENCE RECORD
L. t f . t . f h 1s o proJec s your orgamza 10n as success full 1 t d ycompe e :
Amount Of Contract Type of Work Date Accepted Name and Address of Owner
Award
List of projects your organization is now engaged in completing:
Amount Of Contract Type of Anticipated Name and Address of Owner
Award Work Date of
Completion
List Surety Bonds in force on above incomplete work:
Date of Contract Award Type of Work Amount of Name and Address of
Bond Bond Surety
EQUIPMENT SCHEDULE
List of Equipment owned by Bidder that is in serviceable condition and available for use:
Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and
type:
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THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
Bond# 22 7 6 0 8 5
PAYMENT BOND
KNOW ALL BY THESE PRESENTS :
That we , (1) ____ C_o_le_C_o_n_s_tr_u_c_ti_o_n~, _ln_c _____ , as Principal herein,
and (2) Ind ep e nd e nce Casualty and Surety Company a corporation
organized and existing under the laws of the State of (3) Te x as , 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
Eighty Three Thousand, Eight Hundred Eighteen Dollars and No Cents Dollars
( $183,818.00) for the payment whereof, the said Principal and Surety bind themselves
and their heirs , executors , admin istrato rs , successors and assigns , jointly and severally,
firmly by these presents :
WHEREAS, the Principa l has entered into a certain written contract with the
Obligee dated the 25th day of February , 2008 , 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: GRANITE PLAQUE INSTALLATION FOR EVANS AVENUE PLAZA
Project No. DOE 5866.
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. r SIGNED and SEALED this 26th day of February , 2008.
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Cole Construction, Inc.
~,s;J
(Principal) Secretary
(SE AL)
Secretary
(SE AL)
NOTE : (1)
(2)
(3)
Address: 10315 Alta Vista Road
Keller, TX 76248
Independence Casualty and Surety Company
~-~' -~~~ "-~\,,.___
Patricia A. Smith Name : _____________ _
Attorney in Fact
Address : 2201 N. Collins /1295
Arlington, TX 76011-2698
Telephone Number: 817-794-1600
Correct name of Principal (Contractor).
Correct name of Surety.
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.
No. 0004782
ICWGROUP
Power of A ttorney
Insura nce Company of the West
Explorer I ns u rance Company Independen ce Casualty and Surety Com pany
KNOW ALL MEN BY THESE PRES ENTS : That In surance Compa ny of th e West, a Corporati on dul y organized und e r th e laws of the State of California, Ex plorer
In s urance Company, a Corp orat ion duly organi zed under th e laws of th e State of California, and Ind epend ence Cas ua lty and Surety Company, a Corporation dul y organized
unde r th e laws of th e State of Texas, (collectively referred to as the "Companies"), do hereby ap point
JAC K M . C ROWLE Y, PATRI C IA A . SM ITH , JOBETH WE LL S
the ir true and lawful Attomey(s)-in-Fact wilh authority to date , execute, s ign, sea l, and deliver on behalf of the Compani es , fid e li ty and s urety bond s , und e rtakings , and other
si mil a r contracts of s ure tys hip, and any related documents .
In witness whereof, the Companies have caused th ese presents to be executed by it s duly a uthori zed officers thi s 2nd day of January, 2008 .
Je ffr ey D. Sweeney, Assistant Secretary
State of Californi a
County of San Di ego
} ss .
INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
J . Douglas Browne, Senior Vice President
On January 2, 2008, before me, Mary Cobb, Notary Public , personally appeared J . Douglas Browne and Jeffrey D. Sweeney, who proved to me on th e basis of sati sfactory
evidence to be the perso n(s) whose name(s) is/are s ubscribed to th e within instrument, and acknowledged to me that they executed the sa me in their a uthori zed capacities, and
that by th eir signatures on th e in strument, th e entity upon behalf of whi ch the perso ns acted, exec uted th e in strument.
I certify under PENA LTY OF PERJURY und e r th e laws of th e S tat e of California that the foregoing paragraph is true an d co rrect.
a
\.MAflVCOBB I I I
COMM. t1H602390 ft NOTAAY PUB1JC.CM.1UU1A
SAN OIEGOCDUNTV
MV comrntsaionE~illu -
SEPTEMBER 20. 2009
RESO LUTI ONS ·
Witness my hand and official seal.
Mary Cobb, Notary Publi c
This Power of Attorney is granted and is signed, sealed and notari zed w ith facsimile sig natures and seals under authority of the following reso lutions adopted by the respective
Boards of Directors of each of th e Companies :
"RESOLVED: That the Presiden t, an Executive or Senior Vice Pres ident of the Company, together with the Secretary or any Assistant Secretary, are
hereby authorized to execute Powers of Attorney ap pointin g the person(s) named as Attorney(s)-in-Fact to date , execute, s ign, seal, and deliver on
behalfofthe Compan y, fid e lity and surety bonds, und e rtakings, and other si milar co ntracts of s ur etys hip , and a ny related documents.
RESOLVED FURTHER: That the signatures of the officers making th e appointment, and th e signature of any officer certifying th e validity and
current status of the appointment, may be facsimile representations of those s ignatures ; and the signature and seal of any notary, and the seal of the
Company, may be facsimile representation s of those s ignatures and seal s, and such facsimile representation s shall have th e same force and effect as if
manually affixed . The fa csimile re presentations referred to herein may be affixed by stampin g, printing, typing, or photocopying ."
CERTIF ICATE
1, the undersigned , Assistant Secretary of In s uran ce Company of the West, Explorer In s ura nc e Company , and Independence Casualty and Surety Company, do hereby certify
that the foregoing Power of Attorney is in full force and effect, a nd has not been revoked , and that th e above reso lutions were duly adopted by the re spective Boards of
Directors of the Compani es , and are now in full force .
IN W ITNESS WHEREOF, I have set my han d thi s 26th day of __ F_e_b_r _u_a_r~y~----__ 2_0_0_8 __
Jeffrey D. Sweeney, Assistant Secretary
· To veri fy th e authenticity of thi s Powe r of Attorn ey you may call 1-800-877 -1111 and as k for th e Sur ety Division . Please refer to the Po we r of Attorney Numbe r, the above
named individual(s) and deta il s of the bond to which the powe r is attached . For information or filing claims, please contact Surety C laims, IC W Gro up , 114 55 El Camino
Real , San Di ego , CA 92130-2045 or ca ll (858) 350-2 400 .
[
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THE STATE OF TEXAS
COUNTY OF TARRANT
Bond# 22 76085
PERFORMANCE BOND
§
§
§
KNOW ALL BY THESE PRESENTS :
That we , (1) ____ C_o_l_e_C_o_n_st_r ........ u_c_ti_o_n~, _ln_c ____ , as Principal herein, and
(2) Independence Casualty and Surety Compan y
a corporation organized under the laws of the State of (3) _T_e_x_a_s ______ , 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 Eighty Three
Thousand, Eight Hundred Eighteen Dollars and No Cents Dollars ( $183,818.00) for
the payment of which sum we bind ourselves, our heirs , executors, administrators ,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS , Principal has entered into a certain written contract with the Obligee
dated the 26th day of February , 2008, a copy of which is attached hereto
and made a part hereof for all purposes , for the construction of: GRANITE PLAQUE
INSTALLATION FOR EVANS AVENUE PLAZA Project No. DOE 5866.
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.
SIGNED and SEALED this 26th day of February , 2008.
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(SE AL)
Cole Construction, Inc.
Title : ~40~ ----"-------------
Address: 10315 Alta Vista Road ~
Keller, TX 76248
',. ~-... _ · ..
. .... _ .. -._.
.. ..._ _______ ... ~ ....
.. .. ----"'"'
....... _.....,... .... ---
Independence Casualty and Surety Company
ATIES>-:1
Secretary ;%
~ . ' .~~&~""
Name: Patricia A. Smith
Attorney in Fact
(SE AL)
NOTE: (1)
(2)
(3)
Address: 2201 N. Collins lt295
Arlington, TX 76011-2698
Telephone Number: 817-794-1600
Correct name of Principal (Contractor).
Correct name of Surety.
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.
No. 0004782
ICW GROlJl'
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS : That Insurance Company of th e West, a Corporation duly organized unde r the laws of the State of California, Explorer
Insurance Company, a Corporation duly organized under th e laws of the State of California, and Ind epe nd ence Casualty and Surety Company, a Co rporation dul y organized
under the laws of the State of Texas , (collectively referred lo as the "Companies"), do he reb y appoint
JACK M. CROWLEY, PATRICIA A. SMITH , JOBETH WELLS
their true and lawful Attomey(s)-in-Fact with authority to date , execute, s ign , seal, an d deliver on behalf of the Companies, fid e li ty and surety bonds , undertaki ng s, and other
s imilar contracts of s uretyship, and any related documents.
In witn ess whereof, th e Companies have caused these presents to be execut ed by its duly authorized officers thi s 2nd day of January, 2008 .
Jeffrey D. Sweeney, Assistant Secretary
State of Ca lifornia
County of San Diego
} ss .
INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
J . Douglas Browne, Senior Vice Preside nt
On January 2 , 2008 , before me , Mary Cobb, Notary Public, personally appeared J . Douglas Browne and Jeffrey D . Sweeney, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are s ubscribed lo the within instrument, and acknowledged to me that they executed the sa me in th e ir authorized capacities, and
that by their signatures on the in strument, the entity upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under th e laws of th e Stale of Ca lifornia that the foregoing paragraph is true and correct.
a \-MAflvcl. I
COMM . *16023go B NOT.MY PU8UC-CM.IUUIA
SAN OIEGOCDUNTV
MV commission Ex,>iMI -
SEPTEMBER 2D. 20ma
RESOLUTIONS
Witness my hand and official seal.
Mary Cobb, Notary Public
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the re s pective
Boards of Directors of each of the Companies:
"RESOLVED: That the Pres id ent , an Executive or Senior Vice Pres id e nt of the Company, togethe r with the Secretary or any Assistant Secretary, are
hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Facl to date, exec ute , sign, seal, and deliver o n
behalf of th e Company, fidelity and surety bonds, undertakings , and other similar contracts of suretys hip , and any related documents .
RESOLVED FURTHER: That the signatures of the officers making th e appointment, and the signature of any officer certifying th e validity and
current statu s of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the
Company, may be facsimile representations of those s ignatures and sea ls, and such facsimile representation s shall have the same force and effect as if
manually affixed . The facsimi le representations referred to herei n may be a ffixed by stamping, printing, typing, or photocopying."
CERTIFICATE
I, the undersigned , Assistant Secretary of Insurance Company oflhe West, Explorer In surance Company, and Independence Casualty and Surety Company, do hereby certify
that the foregoing Power of Attorney is in full force and effect, and has not been revok ed, and that the above resolution s were duly adopted by the respective Boards of
Directors of the Companies, and are now in full force .
IN WITNESS WHEREOF, I have set my hand thi s 26th day of __ F_e _b_r _u_a_r~y~----__ 2_0_0_8 __
Jeffrey D. Sweeney, Ass istant Secretary
· To verify th e authenticity of thi s Powe r of Attorney yo u may call 1-8 00-877-1 111 and ask for the Surety Division . Please refe r to the Power of Attorney Number, the above
named individual(s) and details of th e bond to which the power is attach ed . For information or filing claims, please contact Surety Claim s, ICW Group, 114 55 El Camino
Real , San Diego , CA 92130-2045 or call (858) 350-2400.
-,~--------------------------·----------------------------------------__J
Bond# 22 76085
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
KNOW ALL BY THESE PRESENTS :
That Cole Construction, Inc
Independence Casu al t y a nd Sur e ty Co mp a n y
("Contractor"), as principal , and ,
a
corporation organized under the laws of the State of Te xas ("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 Eighty Three Thousand, Eight Hundred Eighteen Dollars and No Cents Dollars
($183,818.00), 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 , j ointly and severally .
This obligation is conditioned , however, that:
WHEREAS , said Contractor has th is day entered into a written Contract with t he City of Fort Worth ,
dated the 26th of February , 20 08 , a copy of which is hereto attached and made a part hereof, for
the performance of the following described public improvements : GRANITE PLAQUE INSTALLATION
FOR EVANS AVENUE PLAZA the same being referred to herein and in sa id contract as the Work and
being designated as project number(s) DOE 5866 and said contract , including all of the specifications ,
conditions , addenda , change orders and written instruments referred to there in 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 2 (Two) 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 Eng ineering , it be
necessary; and ,
WHEREAS , said Contractor binds itself, upon receiving notice of the need therefore to repair or
reconstruct said Work as herein prov ided .
NOW THEREFORE , if said Contractor shall keep and perform its said agreement to ma inta in , repair or
reconstruct said Work in accordance with all the terms and condit ions of said Contract , these presents shall be
I
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Bond# 2276085
null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect , and
the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said
Contract.
This obligation shall be a continuing one and successive recoveries may be had hereon for successive
breaches until the full amount hereof is exhausted.
IN WITNESS WHEREOF , this instrument is executed in _6_ counterparts , each of which shall be
deemed an original , this 26th day of February , AD. 2008 .
Cole Construction, Inc.
PRINCIPAL
ATTEST: ~
~daSm Name : ~e_,,;
Title: _ __,.,~'--"'---'-.....C..-----'-;/~=--------
(Principal) Secretary
(SE AL)
ATTEST:~
Secret £
(SE AL)
NOTE: ( 1)
(2)
(3)
Address : 10315 Alta Vist a Road -------------
Ke 11 er, TX 76248
Independence Casualty and Surety Compan y
Name: Patricia A. Smith
Attorney in Fact
Address: 22 01 N. Collins 112 95
Arling ton, TX 76011-2 698
Telephone Number: 817-794-1600
Correct name of Principal (Contractor).
Correct name of Surety .
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.
---
... __ .. " ----,-
---......... ,..,....,...---
·' ------------,,..,.., ----
No. 0004782
ICWGROUP
Power of Attorney
Insu rance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That In s urance Company of the West, a Corporation duly organi zed unde r the laws of the State of Ca lifornia, Explorer
Insurance Company, a Corp oration duly organi zed under th e la ws of the State of California, and Ind e pendence Cas ual ty and Surety Compan y, a Corporati on duly organized
under th e laws of th e State of Texas , (collectively referred to as th e "Compani es"), do here by appoint
JACK M . CROWLEY, PATRIC IA A. SMITH, JOBETH W E L LS
their true and la wful Attorney(s)-in-Fact with authority to da te, execut e, s ign, seal, and de live r on behalf of th e Companies, fid e li ty and s urety bond s , unde rtakings, and other
s imilar contracts of s uretys hip, and any re lated docum ent s .
ln witness whereof, th e Compa ni es have caused these presents to be executed by its duly a uthori zed officers thi s 2nd day of January , 2008 .
Jeffrey D. Sweeney, Assistant Secretary
State of Ca liforni a
County of San Di ego
} ss .
INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
J. Dou gla s Browne, Senior Vice Presi de nt
On January 2 , 2008, before me, Mary Cobb, Notary Publi c, persona ll y appeared J . Dougl as Browne and Jeffrey D . Sweeney, who proved to me on th e basis of satisfactory
evidence to be the person(s) whose name(s ) is/are s ubscribed to th e within instrum e nt , and acknowledged to me that they executed the same in th e ir a uthorized capacities, and
that by their s ig natures on th e in s trument, th e entity upon behalf of which the persons acted, exec uted th e in strume nt.
I certify under PENA LTY OF PERJURY under th e laws of the State of California that th e foregoing para gra ph is true and correct.
a I. I I 'MARVCOBB
COMM . *160a!l90 R NOTAPtY PUBIJC.CflllUUI
SAN DIEGO COUNTY
MV Commlsaion Eiq,iMI -
81EPTEM8ER 2D. 2009
RESOLUTI O NS
Witness my hand and official seal.
Mary Cobb , Notary Public
This Power of Attorney is granted and is s igned, sealed and nota ri zed with facsimile s ignatures and seals under authority of th e followin g resolutions adopted by the res pective
Boards of Directors of each of the Compa ni es :
"RESOLVED : That th e Pres id e nt, an Executi ve or Senior Vice President of the Com pa ny, together with the Secretary or any As si s tant Secretary, are
hereby a uthori zed to exec ute Powe rs of Attorney a ppointing th e person(s) named as Attorney(s)-in-Fact to date , execute, s ign , seal, and de liver on
behalf of the Company, fid e lity and surety bonds, undertakings , and other s imil a r contracts of s ur etys hip, and any related documents .
RESOLVED FURTHER: That th e s ignatures of the office rs making the appointment, and the signature of any officer certifying the validity and
current s tatus of th e appointment, may be fa csimile re presentations of those signatures; and the signature a nd seal of any notary, and the seal of the
Company , may be facsimile representation s of th ose s ignatures and seals, and such facsimile re presentation s s hall have the same force and e ffect as if
manually affixed . The facs imil e re presentations refe rred to here in may be affixed by s tamping, printing, typing, or photocopy ing."
CERTLFICATE
I, the undersigned, Assistant Secretary of In s uran ce Company o f the West, Explorer In s urance Compa ny , and Indepe nd ence Cas ualty and Surety Company, do he reby certify
that the foregoing Power of Attorney is in full force and effect, a nd has not been revoked , a nd that th e above resolution s were dul y adopted by th e respective Boards of
Directors of th e Compani es , and are now in full force.
IN WITN ESS WHEREOF, I have set my ha nd this 26th day of __ F_e_b_r_u_a_r_y~----__ 2_0_0_8 __
Jeffrey D . Sweeney, Assistant Secretary
· To verify th e authenticity of thi s Power of Attorney yo u may call 1-8 00-877-1111 and ask for the Surety Division . Please refer to the Po wer of Attorney Numbe r, the above
named individual(s) and details of th e bond to which th e power is attached . for information or filin g cl a im s , pl ease contac t Surety Claims, !CW Group , 114 55 El Camino
Real , San Di ego, CA 92 13 0-2045 or call (858) 350-2400.
THE STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH, TEXAS
CONTRACT
KNOW ALL MEN BY THESE PRESENTS :
This agreement made and entered into this the 26th day of February , 20 08 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 11th day of December, AD., 1924, under the authority (vested in said voters by the
"Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at
a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed
Owner, and Cole Construction, 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 :
GRANITE PLAQUE INSTALLATION FOR EVANS AVENUA PLAZA
Designated as project number, ___ D_O_E_58_6_6 ___ _
2 .
That the work herein contemplated shall consist of furnishing as an independent contractor all
labor, tools, appliances and materials necessary for the construction and completion of said project in
accordance w ith the Plans and Specifications and Contract Documents prepared by the Transportation
and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort
Worth , which Plans and Specifications and Contract Documents are hereto attached and made a part
of this contract the same as if written herein.
3.
The Contractor hereby agrees and binds himself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Transportation and Public Works
Department 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 Transportation and Public Works Department of the City of Fort Worth and the City Council of the
City of Fort Worth within a period of 120 (One Hundred Twenty) working days .
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and
Contract Documents within the time so stipulated, plus any additional time allowed as provided in the
General Conditions, there shall be deducted from any monies due or which may thereafter become due
him, the sum of$ 210.00 per working day, not as a penalty but as liquidated damages , the
Contractor and his Surety shall be liable to the Owner for such deficiency.
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 Plans,
Specifications, and Contract Documents, then the Owner shall have the right to either demand the
surety to take over the work and complete the same in accordance with the Contract Documents or to
take charge of and complete the work in such a manner as it may deem proper, and if, in the
completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said
Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on
demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said
excess cost.
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
C-2
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 outstand ing 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 del iver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor
and/or materials furnished in the prosecution of the work , such bonds being as provided and required in
Texas Government Code Section 2253, as amended , in the form included in the Contract
Documents , and such bonds shall be 100 percent (100%) 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 agrees to rece ive , for all of the aforesaid
work, and for all additions thereto or deductions therefrom , the price shown on the Proposal submitted
by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly
installments upon actual work completed by contractor and accepted by the Owner and receipt of
invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates
N/A shall be
ONE HUNDRED EIGHTHY THREE THOUSAND, EIGHT HUNDRED EIGHTEEN
DOLLARS AND NO CENTS
$183,818.00
C-3
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 Director of the
Transportation and Public Works Department.
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 copies verbatim herein.
11.
The Contractor shall procure and shall maintain during the life of this contract insurance as
specified in paragraph 8 of Specia l Instruct ion to Bidders of th is contract documents.
12 .
It is mutually agreed and understood that this agreement is made and entered into by the parties
hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of
the State of Texas with references to and governing all matters affecting this Contract, and the
Contractor agrees to fully comply with all the provisions of the same.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six (6)
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached . The Contractor has executed this instrument through
its duly authorized officers in Six (6) counterparts with its corporate seal attached .
C-4
Done in Fort Worth, Texas , this the __ 26 ...... th ___ day of ____ F.;;..;eb=r-=u=arv_.____, 20 08 .
RECOMMENDED:
DIRECTOR, DEPARTMENT OF
ENGINEERING
(Contractor)
BY:~e:#1'~ ~ (Representative)
(TITLE)
!Odl.5 A~ d;;:>4-Lb
(Address)
k~~~ .zF 7~~~
(City/State/Zip)
November 1960
Revised May 1986
Revised September 1992
Revised January 1993
Revised April 1999
Revised June 1999
Revised June 2001
C-5
CITY OF FORT WORTH
S~C..i
ASSISTANT CITY MANAGER
~::::ui. • ...rr RANSPORTATION AND
WORKS
ATIEST:
A The work to be performed under this Contract is subject to th e requirements of section 3 of the Housing
and Urban Development Act of 1968, as amended 12 U.S.C. 170 I u (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 of24 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 (I) preference and opportunities for training and employment shall be g iven 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).
APPENDIX
PLAZA PLAN
GRANITE INSTALLATION DETAILS
GRANITE ENGRAVING (PICTURES
FOUffMj VAl.l.T • STAKED---n
IN FELD AK) APl'ROVED ~ --.. u
BY LA PRIOR TO INSTALLATION
COLUMN TYPE 'B'
(TYP. Of 10
@
AIGATION Q.OCI( • STAKED -n
IN fE..O AKJ APl'ROVED BY LJ
LA PRIOR TO INSTALLATION ~
DESCRIPTION
DATE CITY APP ./DA TE
REVISIONS
GENERAL NOTES :
2.) ALI.. M'AOVB.ENTS SHAU.. llE STAKED IN TIE FEI.D BY
TIE CONTRACTOR AKJ APPROVED BY TIE I..AN)SCAPE ARCHTECT
AN> TIE 0Vt1'ER"S REPRESENTATIVE PROA TO CONSTRUCTIOI
OR INST AlJ..A TION.
3.) TIE CONTRACTOR SHAU. VERIFY ALI.. EAse.ENT u-ES IN TIE
FED PAIOR TO BE~ WOfK
4J CONTRACTOR SHALL VEPFY ALI.. IJTUTES SHOWN ON Tl-ESE
Pl.ANS AS WB.J. AS mY OTIERS IN FE..D PflOR TO ST AAr
OF CON$lHUCTlON.
5J ALI.. CONSTff.JCTION WU. COll'ORM TO TIE arY OF FOAT WORTH
ST AlflARDS AKJ SPECFICA TlONS.
8..l AU. OIMENSKlNS AfE TO FACE OF ORI ANl FACE OF BLUJNl
IKESS OTH:AWISE NOTED.
7 J REN'OACEMENT SHOU.D BE CONTHJOUS TKIOJ<lH CONTROL
JOINTS.
BJ TIE CONTRACTOR WU COORllHATE INSTALI..ATION OF ALI.. SIGNS,
PAI/BENT MAAKIHGS AKJ OnER TRAFflC CONTROL CEVICES WITH
OlH:11 CONTRACTORS ON SITE.
• @ CAST STONE
BALLUSTRADE
WALJ..
138.57
PLAZA POOI.M • iJ81.77
"'180.16
,161..48
ITT.16
lll127
l68.68
L.EGEN)
~~-r . · 1
I I
TIE CENTER OF PLAZA IS TIE
CONTROL POINT FOR LAYOUT &
C&ENSKlt&'«:, OF ALI.. 8..EI.ENTS ·
Of TIE PLAZA AN> EV ANS A VEN.JE.
TIE COOROINA TE V Al.il: FOR TIE
CENTER Of PLAZA IS:
N 695.2704.67
E 233208220
PlfASE NOTE ALI.. IWllJS llt,ENSIQNS
I.ABB.BJ & RADIAL TO 1ltS CENTER
PONT IN TIE PLAZA.
BRICK "A" PAVING
BRICK 11" PA Vl«3
ROCI( SALT FNSIEl C0NCJETE
t07
3114.07
148.25
/26.98
!47.68
r42Z7
"40.13
',52..77
l3tB4
103.73
>08.75
f 56.24
CITY OF FORT WORTH, TEXAS
PORTATION / PUBLIC WORKS DEPT.
EVANS AVENUE
>LAZA ENLARGEMENT PLAN
SHEET ro SCALE
'---~--------------_JST 2007 LA.3
r
BRICK 'B', BAND -
CUT AS SHOWN, lYP.
No.~
LIMESTONE BAND, TYP.
BRICK 'A', RUNNING
BOND, TYP.
ROCK SALT FINISH
3000 PSI CONCRETE, TYP .
DESCRIPTION DATE CITY APP./DATE
REVISIONS ·
BRICK 'A', BAND
AS SHOWN, TYP.
LIMESTONE ARC, TYP.
ROCK SALT FINISH .
3000 PSI CONCRETE
@PLAZA PAVING DETAIL
.3 .
CITY OF FORT WORTH, TEXAS
TRANSPORTATION/ PUBLIC WORKS DEPT.
EVANS AVENUE
GRANITE PLAQUE INSTALLATION
SCALE : NOTTO SCALE SHEET
~, _____________ _.1__D-AT-E: ___ A_u_G_u_s_T_2_0_01 _____ __.__
0
_r_.3.......,
No. l-:,. DESCRIPTION
REVISIONS
CUT LIMESTONE PANEL 3" THICK W/
--126WOR0S, MAX 1' LETTERS TO BE
PROVIDED BY LANDSCAPE ARCH .
4" DIAMOND WI ENGRAVED SYMBOL
TO BE PROVIDED BY LANDSCAPE ARCH
i'. FROM CAMERA READY ART
!\
! \
~-~·~' ~· 1/8" GROOVE BLACK \ .
\
LIMESTONE ARC DETAIL TYP OF 36
SCALE: 1/8" = 1 '-0"
1/Z' EPOXY GROUT BED TYP l
I ~~ ¢:=i.. .............. · ..... · .. : ............. : ..................... · .... L ...... :................... · -.: ............ Jf
f BUTT JO INT
1/8" GROOVE . BLACE
~
====:::!l==:=====!--1
--------9'-3"--------,r
CUT LIME STONE PANEL,
3" THICK W/ 150 WORDS MAX,
1" LETTERS TO BE PROVIDED
BY LANDSCAPE ARCH
LIMESTONE BAND DETAIL (TYP OF 15)
DATE CITY APP./DATE
~---------------------------
CITY OF FORT WORTH , TEXAS
TRANSPORTATION/ PUBLIC WORKS DEPT.
EVANS AVENUE PLAZA
GRANITE PLAQUE INSTALLATION
SCALE : NOT TO SCALE SHEET
DATE : AUGUST 2007 DT.5
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