HomeMy WebLinkAboutContract 39684SPECIFICATIONS CITY SECRETARY
CONTRACT NO.
AND
CONTRACT DOCUMENTS
FOR
WHEELCHAIR RAMPS INFRASTRUCTURE PROJECT
CDBG CONTRACT 2009-2
AT VARIOUS LOCATIONS
IN THE CITY OF FORT WORTH, TEXAS
u7j
MIKE MONCRIEF DALE A. FISSELER, P.E.
MAYOR CITY MANAGER
No
No WILLIAM A. VERKEST, P.E., DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
10
JIM WALKER, AICP, ASSISTANT DIRECTOR
,r TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
Pow REPARED BY
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
TRAFFIC DIVISION
r
OFFICIAi- RECUR®
CITY SECRETARY
FT WORTHq TX
me
0�
Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/15/2009
DATE: Tuesday, December 15, 2009 REFERENCE NO.: "C-23970
LOG NAME: 17ADA RAMP PROJECT - CONTRACT2009-1/2/3
SUBJECT:
Authorize the Expenditure of $102,783.60 in Community Development Block Grant Funds for the 2009 No.
2 ADA Ramp Infrastructure Project, Authorize the Expenditure of $121,458.60 in Community Development
Block Grant Funds for the 2009 No. 3 ADA Ramp Infrastructure Project, Authorize the Execution of a
Construction Contract with HZ Paving Construction Company for the Projects and Authorize the Rejection
of All Bids for the 2009 No. 1 Ramp Infrastructure Project
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the expenditure of $102,783.60 in Community Development Block Grant Funds for the 2009
No. 2 ADA Ramp Infrastructure Project;
2. Authorize the expenditure of $121,458.60 in Community Development Block Grant Funds for the 2009
No. 3 ADA Ramp Infrastructure Project;
3. Authorize the execution of a construction contracts with HZ Paving Construction Company, for
$82,028.00 for the 2009 No. 2 ADA Ramp Infrastructure Project and $97,088.00 for the 2009 No. 3 Ramp
Infrastructure Project plus a twenty percent contingency and administration/project delivery costs for each
contract; and
4. Authorize the rejection of all bids for the 2009 No. 1 Ramp Infrastructure Project.
DISCUSSION:
On April, 7, 2009, the City Council approved the City's 2009-2010 Action Plan which authorized the use of
$605,000.00 in Community Development Block Grant (CDBG) funds for the Americans with Disabilities
Act (ADA) Ramp Infrastructure Project (M&C G-16513). The project calls for the construction of accessible
wheelchair ramps that meet the standards of the ADA in CDBG eligible neighborhoods.
Staff determined that construction of ADA accessible wheelchair ramps in CDBG eligible neighborhoods
along Fort Worth Transportation Authority (The T) Bus Routes 1 and 1A would fulfill project goals. The T
identified these routes as two of the busiest within their bus network. These routes also serve a high
percentage of riders with disabilities. The T Bus Route 1 runs north -south along North Main Street and
Hemphill Street. The T Bus Route 1A runs along NW 25th Street, Azle Avenue, Long Avenue and
Ephriham Avenue. (See Attached Maps)
This part of the ADA Ramp Infrastructure Project will consist of Contract 2009 No. 2 and Contract 2009
No. 3.
Contract 2009 No. 2 has a budget totaling $102,783.60 to be used as follows:
0 http://appscfwnet.org/ecouncit/printme.asp?id=12879&print=true&DocType=Print 12/22/2009
Construction
Contingency
Administration/ Project Delivery (TPW)
TOTAL
Contract 2009 No. 3 has a budget totaling $121,458.60 to be used as follows:
Construction
Contingency
Administration/ Project Delivery (TPW)
TOTAL
Page 2 of 3
$82,028.00
$16,405.60
$4.350.00
$102,783.60
$97,088.00
$19,417.60
$4,953.00 MW
$121,458.60
A request for competitive sealed proposals with weighted criteria was advertised in the Fort Worth Star -
Telegram on October 22, 2009, and October 29, 2009, for Contract 2009 No.2 and Contract 2009 No. 3
for the ADA Ramp Infrastructure Project.
The following proposals were received for the Contract 2009 No. 2 bid and are ranked by price from
lowest to highest:
BIDDER
BASE BID
HZ Paving Construction Company
$82,028.00
American Builders of Texas
$94,922.00
PAEE Corporation
$10,400.60
MACVAL Associates, LLC
$107,293.00
Ken -Do Contracting, LP
$140,205.50
Estrada Concrete Company, LLC
$144,780.00
Advance Paving Company
$252,131.00
Diego Gomez Construction
Unsuccessful
The following proposals were received for the Contract 2009 No. 3 bid and are ranked by price from
lowest to highest:
BIDDER
BASE BID
HZ-Paving Construction Company
$97,088.00
Alsal Construction, Inc.
$107,465.00
MACVAL Associates, LLC
$122,739.50
PAEE Corporation
$127,203.10
Ken -Do Contracting, LP
$157,858.50
Advanced Paving Company
$276,955.00
Diego Gomez Construction
Unsuccessful
HZ Paving Construction Company submitted the lowest bid for both Contract 2009 No. 2 and Contract
2009 No. 3.
The City's DBE goal for the 2009-No. 2 construction project is 12 percent. HZ Paving Construction
Company is in compliance with the City's DBE Program by committing to 20 percent DBE participation on
this project. The City's DBE goal for the 2009 No.3 construction project is 12 percent. HZ Paving
Construction Company is in compliance with the City's DBE Program by committing to 15 percent DBE
participation on this project.
Staff recommends entering into a contract with HZ Paving Construction Company to perform the
imm
W
httD:Happs.cfwnet.org/ecouncil/printmc.asp?id=12879&print=true&DocType=Print 12/22/20091
-
Page 3 of 3
construction services for these projects.
On November 19, 2009, the City received the following eight bids
for the 2009 No. 1 ADA Ramp
Infrastructure Project:
-
BIDDER
BID AMOUNT
HZ Paving Construction Company
$68,924.00
American Builders of Texas
$82,595.00
MACVAL Associates, LLC
$89,928.00
PAEE Corporation
$91,328.00
Ken -Do Contracting, LP
$104,519.50
Estrada Concrete Company, LLC
$123,620.00
Advanced Paving Company
$205,422.00
Diego Gomez Construction
Unsuccessful
Based on a study by Kimley-Horn and Associates, Inc., sites were evaluated and selected for this project
— based on a prioritization system (high, medium and low priority). The prioritization system identified the
locations that were most dangerous and should be improved first.
The sites selected for the 2009 No. 1 bid included high, medium and low priority sites with approximately
42 percent of the sites located in the high priority category. After the bid was advertised, the United States
Department of Housing and Urban Development (HUD) determined that only high priority sites would be
eligible for the project.
The high priority ramps identified in the 2009 No.1 bid will be considered in upcoming contracts.
Staff recommends the rejection of all bids for the 2009 No. 1 bid.
The projects are located in COUNCIL DISTRICTS 2, 8, and 9.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 017206350270 $179.116.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Thomas Higgins (6140)
Oriainatina Department Head: Jay Chapa (5804)
Additional Information Contact: Leticia Hurtado (7319)
ATTACHMENTS
1. Available Funds.PDF (CFW Internal)
2. DBE ComplianceRam1sProject,pdf (CFW Internal)
3. TBusRoute1 Ramps. df (Public)
4. TBusRoute1A Ramps.odf (Public)
http:l/apps.cfwnet.org/ecounciUprinhnc.asp?id= i 2879&print—true&DocType=Print 12/22/2009
0000000000
City of Fort Worth 15:25:43 11-09-2009
2 /5
no
so
AN
ma
ErM
■
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM No. 1
FOR
WHELLCHAIR RAMPS INFRASTRUCTURE PROJECT
CDBG CONTRACT 2009-2
AT VARIOUS LOCATIONS
The contract and documents for the subject project are hereby revised or amended to clarify
the following:
The additional prequalification requirements as stated in the contract documents under
Special Instruction to Bidders will not be required. Therefore, disregard the additional two
pages of SPECIAL INSTRUCTIONS TO BIDDERS that located in front of the blue package
in the contract documents (see enclosed).
Please acknowledge receipt of this addendum by inserting signed copy of same into your
proposal at time of bidding. Failure to return a signed copy of this addendum shall be
grounds of rendering the bid non -responsive.
Receipt Acknowledges:
By: <�11\r(Sri�tiSp�u'Z .
By: 4
Gordon d�anP.E.
Project . anager
ftm
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
WHEELCHAIR RAMPS INFRASTRUCTURE PROJECT
CDBG CONTRACT 2009-2
AT VARIOUS LOCATIONS
IN THE CITY OF FORT WORTH, TEXAS
RANDY BURKETT, P.E. ,
CITY TRAFFIC ENGINEER
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
lz,
DATE ,
W
TABLE OF CONTENTS
MP
1.
Notice to Bidders
2.
Special Instructions to Bidders
3.
Davis - Bacon Contract Package
4.
Minority and Women Business Enterprise Specifications
5.
Proposal
6.
Special Provisions
7.
Item 360, Concrete Pavement (Modified Specification)
8.
Prevailing Wage Rates
9.
Vendor Compliance
10.
Contractor Compliance with Worker's Compensation Law
11.
Certificate of Insurance
12.
Equipment Schedule
13.
Experience Record
14.
Performance Bond
15.
Payment Bond
16.
Maintenance Bond
17.
Contract
18.
Notice of Construction Detail
19.
Project Designation Sign Detail
20.
Other Details
21.
Project Locations
Sealed Proposals for the following:
NOTICE TO BIDDERS
WHEELCHAIR RAMPS INFRASTRUCTURE PROJECT
CDBG CONTRACT 2009-2
AT VARIOUS LOCATIONS
Submit package to City of Fort Worth, Purchasing Division, in the lower level of the Municipal Building, 1000
Throckmorton, Fort Worth, Texas 76102 until 1:30 P.M., Thursday, November 19, 2009, and then publicly
read aloud at 2:00 p.m., in the Council Chambers.
Specifications and Contract Documents for this project will be available at the office of Transportation and
Public Works Department - Permit Center 311 W 10d' St Fort Worth, TX 76102. these documents contain
•• additional information for prospective bidders.
A pre -bid conference will be held at 10:00 A.M. Wednesday November 4, 2009, in the Transportation and Public
Works Conference Room, 2nd Floor, Municipal Building, Room 289.
The major work on the above -referenced project shall consist of the following:
Paving Improvements:
9,500 S.F.
Remove existing concrete flat work
1,100 L.F.
Install concrete curb and gutter
7,200 S.F
Install standard 4-inch ADA concrete wheelchair ramps
1,000 S.F.
Install new Concrete sidewalk
Included in the above will be all other miscellaneous items of construction as outlined in the Plans and
Specifications.
For additional information about this project, please contact Gordon Alderman, Project Manager at (817) 392-
6748 or e-mail at gordon.aldermanefortworthRov,ore.
If you have any questions related to the Davis -Bacon requirements of this project, please contact Sherry
Johnson, Contract Compliance Specialist at 817-392-7333 or e-mail at sherry.Johnson@fortworthgov.org.
If you have any questions related to any of the Federal requirements for this project, please contact Leticia
Hurtado, Development Project Coordinator at 817-392-7319 or e-mail at leticia.Hurtado@fortworthgov.org.
DALE A. FISSELER, P.E. WILLIAM A. VERKEST, P.E., DIRECTOR
CITY MANAGER TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
Advertising Dates:
By: cyl6111 PA
October 22, 2009 Gordon Alderman, P.E
October 29, 2009 Traffic Engineer
Notice to Bidders
Wheelchair Ramps Infrastructure;
CD13G Contract 2009-2
(i) Contract provisions.
A grantee's and subgrantee's contracts must contain provisions In paragraph (1) of this
section. Federal agencies are permitted to require changes, remedies, changed conditions,
access and records retention, suspension of work, and other clauses approved by the Office
of Federal Procurement Policy.
I Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (Contracts more than the simplified acquisition threshold)
2. Termination for cause and for convenience by the grantee or subgrantee including
the manner by which it will be effected and the basis for settlement. (All contracts In
excess of $10,000)
3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity", as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60).
(All construction contracts awarded In excess of $10,000 by grantees and their
contractors or subgrantees)
4. Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented
In Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for
construction or repair)
5. Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented
by Department of Labor regulations (29 CFR part 5). (Construction contracts in
excess of $2000 awarded by grantees and subgrantees when required by Federal
grant program legislation)
6. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327A 330) as supplemented by Department of Labor
regulations (29 CFR part 5). (Construction contracts awarded by grantees and
subgrantees in excess of $2000, and in excess of $2500 for other contracts which
Involve the employment of mechanics or laborers)
7. Notice of awarding agency requirements and regulations pertaining to reporting.
8. Notice of awardlnng agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed In the course
of or under such contract.
9. Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
10. Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent
to that specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
11. Retention of all required records for three years after grantees or subgrantees make
final payments and all other pending matters are closed.
12. Compliance with all applicable standards, orders, or requirements Issued under
section 306 of the Clean- Air Act (42 U.S.C. 1857 (h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in
excess of $100,000).
13. Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94A 163, 89 Stat. 871).
[53 FR 8068, 6087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995]
we
SPECIAL INSTRUCTIONS TO BIDDERS
PREQUALIFICATION REQUIREMENT
_ ADDITIONAL REQUIREMENTS FOR THIS CONTRACT: On February 17, 2009,
President Barak Obama signed the American Recovery and Reinvestment Act (ARRA, or
the Recovery Act). Along with others principles, the purpose of the Recovery Act is to
(1) Preserve and create jobs and promote economic recovery and (2) Assist those most
impacted by the recession.
�• This Sidewalk Infrastructure Project is funded with AARA funds and as such, if awarded,
Contractors will be required to provide additional documentation and reports as part of
the scope of work. Proposals should provide the following information on an attached
document titled, ADDITIONAL REQUIREMENTS FOR THIS CONTRACT.
1. Explain your company's past experience with Federally -Funded projects. Please
.. describe the scope of work; time period required to complete the work; size of
the project. What was your role and were you required to produce reports?
2. Explain how your company will meet the requirements under Section 1512, and
Section 1605.
Proposals without the ADDITIONAL REQUIREMENTS FOR THIS CONTRACT
document will be deemed incomplete and will not be considered for this project.
This Federally -funded Project is subject to the ARRA of 2009 and must meet following
requirements:
Section 15121 JOB CREATION REQUIREMENTS.
This Federally —funded project requires the reporting of newly created temporary
construction jobs. This Federally -funded project requires the creation of five (5)
or more temporary construction jobs. This requirement applies to general
contractors and sub -contractors employees. If applicable, this Federally —funded
SEC. 1512. REPORTS ON USE OF FUNDS. (c) RECIPIENT REPORTS. —Not later than 10 days after the end of
each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that
agency that contains—
(1) the total amount of recovery funds received from that agency;
(2) the amount of recovery funds received that were expended or obligated to projects or activities; and
(3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including —
(A) the name of the project or activity;
(B) a description of the project or activity;
(C) an evaluation of the completion status of the project or activity;
(D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and
(E) for infrastructure investments made by State and local governments, the purpose, total cost, and rationale
of the agency for funding the infrastructure investment with funds made available under this Act, and name
of the person to contact at the agency if there are concerns with the infrastructure investment.
(4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements
required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 282),
allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of
Management and Budget.
project also requires the reporting of any construction jobs retained as a result of
participating as a contractor in this Federally -funded project.
Section 16052 BUY AMERICAN.
The contractor(s) participating in this Federally -funded project will be required to
provide documentation for the Buy American Act regarding the materials and/or
supplies (produced in the United States) that were purchased for this project.
Documentation in the form of receipts, affidavits, and/or notarized documents
along with a memo -formatted report evidencing the purchase will need to be
submitted to the Transportation & Public Works Department.
Section 16063 WAGE RATE REOUIREMENTS.
This Federally -funded project includes construction, renovation, or a related type
of activity. Therefore, all laborers and mechanics employed by contractors and
subcontractors in the performance of construction work financed in whole or in
part with assistance received under this federally funded project shall be paid
wage rates at not less than those prevailing on similar construction in the locality
as determined by the Secretary of Labor in accordance with the Davis -Bacon Act,
as amended (40 U.S.C. 276a-276a-5); General Decision Number TX080044 is
attached. Failure to comply with the requirements of Davis Bacon Act could
result in a contractor or subcontractor being suspended or debarred from future
participation in federally funded projects, and could be subject to criminal
prosecution.
The information provided in the ADDITIONAL REQUIREMENTS FOR THIS
CONTRACT document will be used for comparing bids and to determine the most
experienced and/or the most capable of ensuring compliance with the above -mentioned
Federal requirements tied to this project.
z SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) None of the funds
appropriated or otherwise made available by this Act may be used for a project for the construction, alteration,
maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in
the project are produced in the United States.
(b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or
agency involved finds that—
(1) applying subsection (a) would be inconsistent with the public interest;
(2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the
overall project by more than 25 percent.
(c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection
(a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a
detailed written justification as to why the provision is being waived.
(d) This section shall be applied in a manner consistent with United States obligations under international agreements.
s SEC. 1606. WAGE RATE REQUIREMENTS. Notwithstanding any other provision of law and in a manner
consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act
shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined
by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect
to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States
Code.
MW
SPECIAL INSTRUCTIONS TO BIDDERS
1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of
Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid
.. submitted must accompany the bid, and is subject to forfeit in the event the successful
bidder fails to execute the contract documents within ten days after the contract has been
awarded.
To be an acceptable surety on the bid bond, the surety must be authorized to do business
r
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.
MW 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
.r 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.
No 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
no 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 anDroximate 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-
2729. Bids that do not acknowledge all applicable addenda will be rejected as non-
responsive.
SPECIAL INSTRUCTIONS TO BIDDERS
-1-
ow
4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest
responsive bidder. The City reserves the right to reject any or all bids and waive any or
no
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
No ("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
am made in one lump sum. Payment shall not be made for a period of 45 calendar
days from the date the work has been completed and accepted by the City.
_ B. If the contract amount is in excess of $25,000, a Payment Bond shall be
executed, in the amount of the contract, solely for the protection of all claimants
supplying labor and material in the prosecution of the work.
C. If the contract amount is in excess of $100,000, a Performance Bond shall be
executed, in the amount of the contract conditioned on the faithful performance of
the work in accordance with the plans, specifications, and contract documents.
Said bond shall solely be for the protection of the City of Fort Worth.
.. D. A Two-year Maintenance Bond is required for all projects to insure the prompt,
full and faithful performance of the general guarantee as set forth in Paragraph 7
of the Special Provisions.
To be an acceptable surety on the performance, payment and maintenance bonds, the
surety must be authorized to do business in the state of Texas and meet all requirements
of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a
certificate of authority from the Untied States secretary of the treasury to qualify as a
surety on obligations permitted or required under federal law; or (2) have obtained
•• reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and
admitted as a reinsurer in the state of Texas and is the'holder of a certificate of authority
from the Untied States secretary of the treasury to qualify as a surety on obligations
.. permitted or required under federal law. Satisfactory proof of any such reinsurance shall
be provided to the City upon request. The City, in its sole discretion, will determine the
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
SPECIAL INSTRUCTIONS TO BIDDERS
-2-
the contractor to that effect and the contractor shall immediately provide a new surety
satisfactory to the City
fto
6. LIOUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General
Provisions, Item 8, Paragraph 8.6, Standard SDecifications for Street and Storm Drain
Construction of the City of Fort Worth, Texas, concerning liquidated damages for late
completion of projects.
7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not
discriminate against any person(s) because of sex, race, religion, color or national origin
and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of
the City of Fort Worth (1986), as amended, prohibiting discrimination in employment
practices.
8 WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain
Construction is deleted and replaced with the following:
Compliance with and Enforcement of Prevailing Wage Laws
A. Duty to pay Prevailing Wage Rates.
` The contractor shall comply with all requirements of Chapter 2258, Texas
Government Code (Chapter 2258), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the
prevailing wage rates in accordance with Chapter 2258. Such prevailing wage
... rates are included in these contract documents.
F'r B. Penalty for Violation.
A contractor or any subcontractor who does not pay the prevailing wage shall,
upon demand made by the City, pay to the City $60 for each worker employed for
each calendar day or part of the day that the worker is paid less than the prevailing
wage rates stipulated in these contract documents. This penalty shall be retained
by the City to offset its administrative costs, pursuant to Texas Government Code
�. 2258.023.
C. Complaints of Violations and City Determination of Good Cause.
On receipt of information, including a complaint by a worker, concerning an
alleged violation of 2258.023, Texas Government Code, by a contractor or
subcontractor, the City shall make an initial determination, before the 31 st day
after the date the City receives the information, as to whether good cause exists to
believe that the violation occurred. The City shall notify in writing the contractor
or subcontractor and any affected worker of its initial determination. Upon the
City's determination that there is good cause to believe the contractor or
subcontractor has violated Chapter 2258, the City shall retain the full amounts
claimed by the claimant or claimants as the difference between wages paid and
0"W
�SPECIAL INSTRUCTIONS TO BIDDERS
i
-3-
wages due under the prevailing wage rates, such amounts being subtracted from
successive progress payments pending a final determination of the violation.
D. Arbitration Required if Violation Not Resolved.
An issue relating to an alleged violation of Section 2258.023, Texas Government
Code, including a penalty owed to the City or an affected worker, shall be
submitted to binding arbitration in accordance with the Texas General Arbitration
Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and
any affected worker do not resolve the issue by agreement before the 15th day
after the date the City makes its initial determination pursuant to paragraph (c)
above. If the persons required to arbitrate under this section do not agree on an
arbitrator before the I Ith day after the date that arbitration is required, a district
court shall appoint an arbitrator on the petition of any of the persons. The City is
not a party in the arbitration. The decision and award of the arbitrator is final and
binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained.
The contractor and each subcontractor shall, for a period of three (3) years
following the date of acceptance of the work, maintain records that show (i) the
name and occupation of each worker employed by the contractor in the
construction of the work provided for in this contract; and (ii) the actual per diem
wages paid to each worker. The records shall be open at all reasonable hours for
inspection by the City. The provisions of the Audit section of these contract
.. documents shall pertain to this inspection.
F. Pay Estimates.
With each partial payment estimate or payroll period, whichever is less, the
contractor shall submit an affidavit stating that the contractor has complied with
.. the requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates.
The contractor shall post the prevailing wage rates in a conspicuous place at the
site of the project at all times.
H. Subcontractor Compliance.
The contractor shall include in its subcontracts and/or shall otherwise require all
of its subcontractors to comply with paragraphs (a) through (g) above.
I. (Wage rates are attached following the end this section.)
9. FINANCIAL STATEMENT: A current certified financial statement may be required by
the Director of Transportation and Public Works Department for use by the CITY OF
FORT WORTH in determining the successful bidder. This statement, if required, is to be
..
SPECIAL INSTRUCTIONS TO BIDDERS
-4-
%V
No
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
w Instructions to Bidders - Item 16.
ADDITIONAL INSURANCE REOUIREMENTS:
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.
i
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
.r or coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
Im 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
sk - SPECIAL INSTRUCTIONS TO BIDDERS
-5-
11
recovery in favor of the City.
i I. City shall not be responsible for the direct payment of insurance premium costs
for contractor's insurance.
J. Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self -funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
K. In the course of the project, Contractor shall report, in a timely manner, to City's
officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property
loss.
�.
L. Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
M. on the request of City, Contr ctor shall provide complete copies of all
insurance policies required by these contract documents.
11. N N-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the
ity of Fort Worth will not award this contract to a non-resident bidder unless the non-
. esident's bid is lower than the lowest bid submitted by a responsible Texas resident
>idder by the same amount that a Texas resident bidder would be required to underbid a
-ion-resident bidder to obtain a comparable contract in the state in which the non -
principal place of business is located.
on -resident bidder" means a bidder whose principal place of business is not in
.• th state, but excludes a contractor whose ultimate parent company of majority
own has 'its principal place of business in this state.
MW "Texas resident bidder" means a bidder whose principal place of business is in this
r 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.
SPECIAL INSTRUCTIONS TO BIDDERS
-6-
a,.
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. in. five (5) City business
days after the bid opening date, exclusive of the bid opening date. The bidder shall
submit the documentation at the reception area of the Transportation and Public Works
Department ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt.
Failure to comply shall render your bid non -responsive.
Upon contract execution between the City of Fort Worth and the successful bidder, now
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
1W 2. Name of M/WBE firm utilized
3. Scope of Work to be performed by the M/WBE firm
.W 4. Monetary amount of work to be performed by the M/WBE firm
5. Signatures of all parties
am 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 Particivation Report Form must be submitted monthly until the contract is
completed. The first report will be due 30 days after commencement of work. The
monthly. report MUST have an original signature to ensure accountability for audit
•� purposes.
• Reports are to be submitted monthly to the M/WBE Office, regardless of whether or
■• not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a
particular month, place a "0" or "no participation" in the spaces provided, and provide
a brief explanation.
• The Contractor shall provide the M/WBE Office proof of vavment to the M/WBE
subcontractors and suppliers only. The M/WBE Office will accept the following as
proof of payment:
VW
1. Copies of submitted invoices with front and back copies of canceled check(s), OR
2. A notarized letter explaining, in detail:
1W a Subcontractor/supplier Scope of Work
b. Date when services were received from subcontractor/supplier
c. Amounts paid to the subcontractor/supplier
d. Original signatures from both parties must be included on this letter.
SPECIAL INSTRUCTIONS TO BIDDERS
yr
-T-
E7J
— i3.
If the Contractor foresees a problem with submitting participation reports and/or
proof of payment on a monthly basis, the M/WBE Office should be notified.
If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere
to the following:
1. Immediately submit a Request for Approval of Change Form to the M/WBE
Office explaining the request for the change or deletion.
2. If the change affects the committed M/WBE participation goal, state clearly how
and why in documentation.
a. All requests for changes must be reviewed and pre -approved by the M/WBE
Office.
b. If the Contractor makes change(s) prior to approval, the change will not be
considered when performing a post compliance review on this project.
• Upon the Contractor's successful completion of this project; and within ten days after
receipt of final payment from the City of Fort Worth, The Contractor will provide the
M/WBE Office with a Final Participation Report Form to reflect the total
participation from ALL subcontractors/suppliers utilized on the project.
• All forms are available at the M/WBE Office, 3rd floor - City Hall. For additional
information regarding compliance to the M/WBE Ordinance, call (817) 871-6104.
Upon request, Contractor agrees to provide to Owner Complete and accurate information
regarding actual work performed by a Minority/Women Business Enterprise (M/WBE)
on the contract and payment therefore. Contractor further agrees to permit an audit and/or
examination of any books, records or files in its possession that will substantiate the
actual work performed by an M/WBE. The misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Contractor will be
grounds for termination of the contract and/or initiating action under appropriate federal,
state or local laws or ordinances relating to false statements; further, any such
misrepresentation (other than a negligent misrepresentation) and/or commission of fraud
will result on the Contractor being determined to be irresponsible and barred from
participating in City work for a period of time of not less than three years.
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.
www
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.
SPECIAL INSTRUCTIONS TO BIDDERS
-8
b. Payment of the retainage will be included with the final payment after acceptance of the
project as being complete.
c. The project shall be deemed complete and accepted by the City as of the date the final
punch list has been completed, as evidenced by a written statement signed by the
contractor and the City.
d. The warranty period shall begin as of the date that the final punch list has been
completed.
e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment
becoming due and payable.
.0 f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the
city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city
shall make a progress payment in the amount that city deems due and payable.
g. In the event of a dispute regarding either final quantities or liquidated damages, the
parties shall attempt to resolve the differences within 30 calendar days.
15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the
following guidelines relating to working on City construction sites on days designated as
"AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the
Metroplex area, runs from May 1, through October 31, with 6:00 a.m. - 10:00 a.m. being
critical because emissions from this time period have enough time to bake in the hot
atmosphere that leads to early afternoon ozone formation.
The Texas Commission on Environmental Quality (TCEQ), in coordination with the
.. National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m. on the
afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS,
the Contractor shall bear the responsibility of being aware that such days have been
�•• designated AIR POLLUTION WATCH DAYS and as such shall not begin work until
10:00 a.m. whenever construction phasing requires the use of motorized equipment for
periods in excess of 1 hour.
However, the Contractor may bep-in work Drior to 10:00 a.m. if use of motorized
equipment is less than 1-hour, or if eauipment is new and certified by EPA as "Low
Emittinp-", or eauipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or
alternative fuels such as CNG.
If the Contractor is unable to perform continuous work for a period of at least seven hours
between the hours of 7:00 a.m. - 6:00 p.m., on a designated AIR POLLUTION WATCH
DAY, that day will be considered as a weather day and added onto the allowable weather
" days of a given month.
am
16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance
with Workers Compensation shall be as follows:
c
SPECIAL INSTRUCTIONS TO BIDDERS
-9-
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
s
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 goveriunental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the City:
(1) a certificate of coverage, prior to that person beginning work on the project, so
the City will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
SPECIAL INSTRUCTIONS TO BIDDERS
-10-
VW
E. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within ten days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
am 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;
am (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.
v
(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
No
SPECIAL INSTRUCTIONS TO BIDDERS
-11-
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
.. coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
Up 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 -
um insured, with the commission's Division of Self -Insurance Regulation. Providing
false of misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
~ by the contractor which entitles the City to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
City.
"The contractor shall post a notice on each project site informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Texas Workers'
Compensation Act or other Texas Workers' Compensation commission rules. This
notice must be printed with a title in at least 30 point bold type and text in at least 19
,. point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following
text, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"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
r. 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
connection with such employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate
am
SPECIAL INSTRUCTIONS TO BIDDERS
-12-
IV
against any person because of their age except on the basis of a bona fide occupational
i
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
W 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.
%W END OF SECTION
SPECIAL INSTRUCTIONS TO BIDDERS
-13-
- DAVIS - BACON
on CONTRACT
PACKAGE
uw
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
FundedProjects.......................................................................................... 2-5
II. Contractor / Sub Information Forms.................................................................. 6-7
III. Start of Construction Form............................................................................. 8
IV. Construction Complete Form........................................................................... 9
.a V. City of Ft. Worth Budget and Management Services Department, Affirmative Action Plan:
...............................................................................................................10-18
Section 3 of the Housing and Urban Development Act of 1968
A. Section 3 Attachment Forms....................................................................... 19
1. Attachment B Self -Certification Form ...................................................... 20
2. Attachment D Statement of Release Form .................................................. 21
3. Attachment E Preliminary Statement of Workforce Needs Form ...................... 22
4. Blank Page.......................................................................................23
VI. Statement of Policy on Equal Employment Opportunity Form.....................................24
VII. Department of Housing and Urban Development Contract Requirements .................... 25-36
Executive Order 11246, Equal Opportunity Clause; Section 202
A. Executive Order 11246 Forms
1. Certification and Acknowledgment Form .................................................. 37
■,,, 2. Certification of Bidder Regarding Equal Employment Opportunity Form ............ 38
3. Certification Regarding Lobbying Form ................................................... 39
4. Certificate of Owner's Attorney Form ...................................................... 40
VIII. U.S. Department of Labor Wage and Hour and Public Contract Divisions
A. Instructions for Completing Payroll form WH-347...........................................41-44
B. U.S. Department of Housing and Urban Development
,r 1. Certificate from Contractor Appointing officer or employee to Supervise Payment of Employees
Form.......................................................................................... 45
2. Blank Page.................................................................................... 46
3. Payroll Form................................................................................. 47
4. Blank Page.................................................................................... 48
5. U.S. Department of Labor Statement of Compliance Form ........................... 49
6. Employees Statement of Work Verification Form ..................................... 50
7. Payroll Deduction Authorization Form ................................................... 51
IX. U.S. Department of Housing and Urban Development Community Development Block Grant Input:
Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements
........................................................................................................ ... 51-55
*City of Fort Worth Community Development Block Grant Funded Project Form Packet will
include these documents.
❑ How to Complete Payroll Forms
❑ Equal Employment Opportunity Poster
❑ U.S. Department of Labor Poster
.. ❑ Project Designation Sign
;,.
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:
TIME:
ATTENDEES
NAME NAME AND ADDRESS OF FIRM TELEPHONE NUMBER
2
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
PRE -CONSTRUCTION CONFERENCE MINUTES NOTES
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 (DBA), Copeland Act, Contract Work Hours Safety Standards Act
(CWHSSA), and the Fair Labor Standards Act (FLSA). FLSA sets out the requirements for payment of minimum
wages, overtime pay, child labor standards and prohibit wage discrimination on the basis of sex. DBA specifies the
minimum wages to be paid the various classes of laborers and mechanics employed on the project. CWHSSA sets a
uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in excess of 40-hours
per week. The Copeland Act prohibits kickbacks being paid by the employee to the employer and requires the
weekly submission of payrolls. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS
CAN RESULT IN THE ESCROW OF FUNDS AND/OR WITHHOLDING OF INSURED ADVANCES.
The contractor should inform his foreman and subcontractors that this project is subject to periodic employee wage
interview visits by City staff and/or federal agencies, such as HUD or DOL, to insure compliance with the
aforementioned regulations. These federal officers or City staffs are not to be prevented from conducting such
interviews.
The suggested payroll form is WH-347, Payroll. HUD prior to use must approve all other payroll forms. Payrolls
must be submitted to the Budget and Management Services Department, Contract Management Division within
seven days after a pav 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 $I0 per day per
violation. Overtime begins on this project after 40 hours per week. Additionally, wage restitution must be paid to
any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the
prescribed hourly rate of pay.
Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage
decision. The decision, which is applicable to this project, is . The wage decision must be posted at
the construction site along with required posters for the duration of construction activity. Any classification needed,
which does not appear on the wage decision, must be requested and approved by the U.S. Department of Labor prior
to the use of that classification on the project.
In instances where the owner of a company performs work on the project, that owner must show himself/
herself on the payroll and must show the hours worked each day and total hours for the week. All persons who
perform work on the moiect 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 t'nust 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
ow hourly rate for the particular work classification.
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
1000 Throckmorton Street
Fort Worth, Texas 76102
City of Fort worth
Community Development Block Grant (CDBG) Funded
Construction Projects
CONTRACTOR INFORMATION
Date 1 I `I 4v
PROJECT:w\-WChcLIr RamVs IIKraSj1'uc+ure- p%-t4 Con+r,4(+- LCDi--a
1. Contractor: H Z Pa v'i n r Con'A f U O .I o n
2. Address: J G>
3. City: L PG1 CXk 1
4. Telephone: L4 (P9 " B5 3 '�Oq R Fax: a — I 1 q 0,1
5. Federal I.D. #:
6. Officers of the Corporation:
President:
Vice President:
Secretary:
Treasurer:
7. If sole owner or partnership, list owner (s):
S'i 1 VeSt rC, 14,e rnanAeZ
IRacial/Ethnic Ownership:
1 - White American
2 - Black American
Native American
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 fist of Debarred, Suspended, and Ineligible Contractors maintained by the Department of Housing and Urban
Development (HUD).
Signature
6
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
Date:
PROJECT:
1. Subcontractor:
2. Contract Amount:
3. Address:
3. City:
4. Telephone:
5. Federal I.D. #:
IRacial/Ethnic Ownership:
I - White American
2 - Black American
3 - Native American
4 - Hispanic American
5 - Asian/Pacific American
6 - Hasidic Jew
SUBCONTRACTOR INFORMATION
(To be completed by contractor)
Fax:
7
I
ti
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
SUBCONTRACTOR INFORMATION
(To be completed by contractor)
Date:
PROJECT:
1. Subcontractor:
2. Contract Amount:
3. Address:
3. City:
4. Telephone: Fax:
5. Federal I.D. #:
IRacial/Ethnic Ownership: I
I - White American
s 2 - Black American
3 - Native American
4 - Hispanic American
5 - Asian/Pacific American
6 - Hasidic Jew
7
MM
ML
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 terminated work on the above referenced project covered by our
(State) (Zip)
contract with you, as of
(Date)
Respectfully yours,
(Name of Company)
(Signature)
(Title)
9
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
FORTWORTH
City of Fort Worth
HOUSING AND ECONOMIC
DEVELOPMENT
(Contract Management Division)
Affirmative Action Plan Under
Section 3 of The
Housing and Urban Development Act of 1968
Revised I1/2007
10
.w
,rb
City of Fort Worth
Part I
Part II:
Part III
Part IV:
Part V:
Affirmative Action Plan
Table of Contents
Purpose and Background Information Paee
. 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. Procedures......................................................................................................14
2. Sources for Locating Section 3 Covered Businesses .................................................
14
3. Required Contract Clauses...................................................................................14-15
Hiring Trainees and Employees...............................................................................................
15
1. Procedures.................................................................................................15-16
2. Good Faith Efforts.....................................................................................................16
Complianceand Consequences................................................................................................16
1. Monitoring of Requirements.....................................................................................16
2. Grievance Procedures................................................................................................17
3. Sanctions ... ........................................................................................................
17-18
Section3 Attachments.......................................................................................................19
1. Self -Certification Form ATTACHMENT B..........................................................................20
2. Statement of Release ATTACHMENT D..............................................................................21
3. Preliminary Statement Work Force Needs ATTACHMENT E..........................................22
4. Blank Page..............................................................................................23
ftm
MW
Vs
City of Fort Worth Affirmative Action Plan
City of Fort Worth
Fiscal Services Department
Budget and Management Services Department
Affirmative Action Plan Under
Section 3 of the
PART I PURPOSE' AND BACKGROUND 1NEORMATION
------------------------ .-------------------r-=�
Housing and Urban Development Act of 1968
1. Summary Explanation and Puraose:
Section 3 of the Housing and Urban Development Act of 1968, as amended, ("Section 3") is binding upon
the City of Fort Worth, ("the City") and its Contractor in all projects using Community Development Block Grant
(CDBG) funds. Any Contractor receiving CDBG funds, from whatever source, is bound by Section 3.
The two primary purposes of Section 3 are (1) to encourage the use of small, local and minority businesses
as suppliers of goods and services, and (2) to encourage the use of local, minority and lower income persons as trainees
and employees. Section 3 requires that good faith efforts be made to achieve these purposes.
This plan sets forth the procedures that will be followed by the City of Fort Worth's Budget and Management
Services Department, Contract Management Division ("CMD") and all its CDBG Contractors to accomplish these
purposes. Specific regulations governing Section 3 are set out in 24 CFR 135.
Geoeraphical Applicability:
For the Community Development Block Grant Program, Section 3 is applicable to all activities taking place
within the corporate limits of the City of Fort worth, Texas. Within this "Section 3 covered area", the CMD Target areas
are considered priority areas. The Target areas include the following 2000 census tracts/block group numbers:
1001.01 / 1, 1001.01 /3, 1001.01 /4, 1001.01 /6, 1001.02/4, 1001.02/5, 1001.02/6, 1002.01 / 1, 1002.01 /2,
1002.01/3, 1002.01/4, 1002,02/1, 1002.02/2, 1002.02/3, 1002.02/4, 1002.02/5, 1003/1, 1003/2, 1003/3, 1003/4,
1003/5, 1003/6, 1004/1, 1004/2, 1004/3, 1004/4, 1004/5, 1004/6, 1005.0111, 1005.01/2, 1005.01/3, 1005.0114,
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, l 011 /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,
103 8/6, 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, 1045.0111, 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, 1046.0112, 1046.01/3, 1046.01/4, 1046.01/5, 1046.02/1, 1046.02/2, 1046.02/3, 1046.02/4,
1046.03/1, 1046.03/2, 1046.03/3, 1046.04/1, 1046.04/2, 1046.04/3, 1046.05/3, 1046.05/5, 1047/1, 1047/2,
1047/3, 1047/4, 1047/5, 1047/6 1048.01/1, 1048.01/2, 1048.01/3, 1048.01/4, 1048.01/5, 1048.01/6, 1048.01/7,
1048.01 /8, 1048.02/ 1, 1048.02/2, 1048.02/3, 1048.02/4, 1050.01 /1, 1050.01 /2, 1050.01 /3, 1050.01 /4,
1050.01/5, 1050.05/2, 1050.06/1, 1050.06/2, 1051/5, 1052.01/1, 1052.01/2, 1052.01/4, 1052.02/1, 1052.02/2,
1053/1, 1055.02/1, 1055.02/8, 1055.05/1, 1056/2, 1057.03/3, 1058/1, 1058/2, 1058/5, 1059/2, 1059/3, 1059/5,
1060.01 / 1, 1060.02/ 1, 1060.04/2, 1061.01 /2, 1061.02/, 1061.02/2, 1062.01 / 1, 1062.01 /2, 1062.01 /3, 1062.01 /4,
.. 1062.02/1, 1062,02/2, 1062.02/3, 1062.02/4, 1063/2, 1063/3, 1064/1, 1064/2, 1065.03/3, 1065.06/2, 1065/06/3,
1065,06/4, 1065.08/2, 1065.08/4, 1065.09/1, 1065.10/4, 1065/11/4, 1065.12/2, 1066/1, 1105/4, 1110.07/4,
1113/01/2, 1135.06/7,1141.01/4
3. Applicability to Businesses:
Businesses that are at least fifty-one percent (51%) owned by socially or economically disadvantaged persons
who reside in the Section 3 covered areas, and which qualify, as small businesses under the standards of the Small
Business Administration are eligible for the benefits of Section 3.
4. 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
4 "lower income person". Section 3 is intended to benefit such individuals through employment and training opportunities.
..
13
City of Fort Worth Afrmative Action Plan
�. qe -s P- - .t. T mar e� 1 a �1. 9- t n_3 A�t')F rr�`�o�l�1D„C�?���
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.
ow 3. Required Contract Clauses:
CFR 24 & 135.38
C_J
In the event a CDBG Contractor wishes to subcontract anv portion of a aroiect utilizing CDBG monies. the
written prior at)aroval 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. 1701 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 of 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e)
also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent
feasible (1) preference and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -
owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of
compliance with section 7(b).
T - _PAR : TRAINEES- EMLQ9G.}
.. 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.
V
as 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 eood 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 cateeory in which vacancies exist. the contractor will set a realistic eoal for the number
of lower income individuals to be hired. The Contractor will make a Good faith effort to see that such Qoals 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.
r
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.
,w If applicant qualifications are equal, lower income persons will be given preference in hiring. An exception will
be made when a Section 3 covered project meets the requirements of Executive Order 11246. In this case, when
qualifications are equal, minority persons will be given first preference in hiring. The City will require applicants
claiming to be lower income to state their family income at the time of application.
..
2. Good Faith Efforts:
A Contractor may show good faith efforts to hire lower income individuals by:
am
..
(1) Confirming with the Department of Housing and Urban Development's Regional Administrator, Area
Office Director, or FHA Insuring Office Director, the geographical Section 3 covered area for the
Contractor's specific project; and
(2) Using local media, project area community organizations, local public and private institutions, and/or
signs placed at the proposed project site to recruit lower income applicants for training and
PART N� _CV?diN1q l atvn_coNs c rrC - - - - y
employment positions with the project.
Monitorine of Reauirements:
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.
V
7o 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.
. A 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.
•r 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 Afrmative Action Plan
Minority/ Women Business Enterprise
It is the policy of the City of Fort Worth to involve Minority/ Women Business Enterprises in all phases of its
procurement practices and to provide them equal opportunities to compete for contracts for construction, professional
services, purchases of equipment and supplies, and provision of other services required by the City.
The City operates the Minority/ Women Business Enterprise (M/WBE) office to assist in the location and certification of
Section 3 covered businesses. A list of M/WBE businesses that have been certified by the City of Fort Worth will be
provided to you upon request. If you need to secure services or supplies, please contact the City's M/WBE office:
CITY OF FORT WORTH
M/WBE OFFICE
1000 THROCKMORTON
FORT WORTH, TX 76102
(817) 392-6104
18
.r
No
rr
Mw
INS
r�
City of Fort Worth
Affirmative Action Plan
SECTION 3 ATTACHMENTS
Please Complete and Return Within Seven (7) Days
19
J
r
City of Fort Worth Affirmative Action Plan
ATTACHMENT B
SELF -CERTIFICATION FORM
SOCIALLY OR ECONOMICALLY DISADVANTAGED
Business/Agency Name:
Address:
Zip Code:
I am a member of the following minority group: (Circle One)
Black American Indian/ Asian/ Spanish- Other (Specify)
Alaskan Native Pacific Islander Surnamed
I own at least 51 percent of the above business:
Date: Signature:
Title:
SELF -CERTIFICATION FORM
NON-PROFIT ORGANIZATION
This organization is a non-profit organization.
Business/Agency Name:
Address:
Zip Code:
Date: Signature:
Title:
20
City of Fort Worth
ATTACHMENT D
Statement of Release
Affirmative Action Plan
I will not subcontract any work in connection with this project unless 1 first receive the prior written approval of the
Housing and Economic Development, Contract Management Division of the City of Fort Worth.
Business/Agency Name:
Type of Business/Organization:
Address:
(City)
Signature:
Title:
(Street)
(State)
(zip)
9
I I I I 1 1 ri I t i l I I I i I I I t
City of Fort Worth Affirmative Action Plan
Contractor's Name:
Address:
Date:
Employment Classification
CONSTRUCTION:
Foremen
Journevmen
ADDrentices
Laborers
GRAND TOTAL
SUBMITTED BY:
ATTACHMENT E
PRELIMINARY STATEMENT
WORK FORCE NEEDS
OCCUPIED PERMANENT POSITIONS VACANT POSITIONS**
TOTAL MINORITY* TOTAL MINORITY* *Minority
- Black
Male Female Male Female Male Female Male Female - Spanish-American
- American Indian/
Alaskan Native
- Asian/Pacific
Islander
**Show Section 3 goals
for lower income,
Total lines.
TITLE:
22
1 4 1 1 1 1 1 1 a i I � I
City of Fort Worth
23
Affirmative Action Plan
.r
No
STATEMENT OF POLICY ON
EQUAL EMPLOYMENT OPPORTUNITY
It will be the policy of this firm to not discriminate against any applicant for employment, or any employee, because
of race, creed, color, age, sex, or natural origin. This firm will insure that this policy is continually enforced with
regard to employment, promotion, upgrading, demotion, transfer, recruitment, and recruitment advertising, lay off
and termination, compensation, training, and working conditions. We will make it understood by all with whom we
deal, and in all our employment opportunity announcements that the foregoing is our policy. All applicants and
employees will be judged solely on the basis of their skill, devotion loyalty, reliability and integrity.
Company Name
Signature
24
..
wI
.f
on
aw
EFFECTIVE APRIL 1, 1990
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT REOUIREMENTS
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 It 246 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
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.
The Contractor and each subcontractor shall permit access during normal business hours to its premises for
the purpose of conducting on -site compliance reviews and for inspecting and copying such books, records,
accounts and other material as may be pertinent to compliance with the Order and the rules and regulations
promulgated pursuant thereto by the City. Information obtained in this manner shall be used only in
connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as
amended) and in furtherance of the purposes of the Order and the Act.
2. AFFIRMATIVE ACTION ACTS
a. In performance of all contracts, the Contractor will comply with the Affirmative Action Guidelines of
Executive Order 11246 and the implementing regulations and documents thereof.
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. 1701 u. Section 3 requires that, to the greatest extent feasible, opportunities
for training and employment are given to lower income residents of the project area and contracts
for work in connection with the project are awarded to business concerns which are located in or
owned in substantial part by persons residing in the area of the project.
(2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR
135 and all applicable rules and orders of the Department issued thereunder prior to the execution
of this Contract. The parties to this contract certify and agree that they are under no contractual or
other disability which would prevent them from complying with these requirements.
(3) The Contractor will send to each labor organization or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, if any, a notice advising
the said labor organization or workers' representative of his commitments under this Section 3
clause and shall post copies of the notice in conspicuous places available to employees and
applicants for employment or training.
(4) The Contractor will include this Section 3 clause in every subcontract for work in connection with
the project and will, at the direction of the applicant for or recipient of Federal financial assistance,
take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the Secretary of Housing and Urban Development as set forth in
24 CFR 135. The Contractor will not subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not
let any subcontract unless the subcontractor has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
(5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued thereunder prior to the execution of the
Contract shall be a condition of the Federal financial assistance provided to the project, binding
26
r
upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill
these requirements shall subject the applicant or recipient, its contractors and subcontractors, its
successors and assigns, to those sanctions specified by the grant, loan agreement or contract
through which Federal assistance is provided and to such sanctions as are specified by 24 CFR
135.
C. In performance of all contracts in the amount of $50,000 or more, and where the Contractor employs more
than twenty-five non -construction employees, the Contractor must promulgate a specific affirmative action
plan, and must take specific affirmative action to ensure equal employment opportunities. Contractor shall
implement affirmative action steps at least as extensive as the following:
(1) Ensure and maintain a working environment free of harassment, intimidation and coercion at all
sites and in all facilities at which the Contractor's employees are assigned to work. The Contractor
• shall specifically ensure that all foremen, superintendents and other on -site supervisory personnel
are aware of and are carrying out the Contractor's obligations to maintain such a working
environment, with specific attention to minority and female individuals working at such sites or in
such facilities. The Contractor, where possible, will assign two or more women to each
construction project.
(2) Establish and maintain a current list of minority and female recruitment sources and provide
written notification to minority and female recruitment sources and to community organizations
when the Contractor or its unions have employment opportunities available, and maintain a record
of the organizations' responses.
(3) Maintain a current file of the names, addresses and telephone numbers of each minority and
female off-street applicant and minority or female referral from a union, a recruitment source or
community organization and of what action was taken with respect to each such individual. if
such individual was sent to the union hiring hall for referral and was not referred back to the
Contractor by the union or, if referred, not employed by the Contractor, this shall be documented
in the file with the reason therefore, along with whatever additional actions the contractor may
have taken.
(4) Provide immediate written notification to the City when the union or unions with which the
Contractor has a collective bargaining agreement have' not referred to the Contractor a minority
person or woman sent by the Contractor, or when the Contractor has other information that the
union referral process has impeded the Contractor's efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training programs for the areas
which expressly include minorities and women, including upgrading programs and
apprenticeships and trainee programs relevant to the Contractor's employment needs, especially
those programs funded or approved by the Department of Labor. The Contractor shall provide
notice of these programs to the sources compiled under subsection (2) above.
(6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
** programs and requesting their cooperation in assisting the Contractor in meeting its EEO obliga-
tions; by including it in any policy manual and collective bargaining agreement; by publicizing it
in the company newspaper or annual report; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and by posting the
company EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
(7) Review, at least annually, the company's EEO policy and affirmative action obligations under
these specifications with all employees having any responsibility for hiring, assignment, lay-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.
w
aF
(13) Ensure that seniority practices, job classifications, work assignments and other personnel practices
do not have a discriminatory effect by continually monitoring all personnel and employment -
related activities to ensure that the EEO policy and the Contractor's obligations under these
specifications are being carried out.
(14) Ensure that all facilities and company activities are non -segregated except as separate or single -
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
28
•
(15) Document and maintain a record of all solicitations for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
(16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the
Contractor's EEO policy and affirmative action obligations.
d. The Contractor shall designate a responsible official to monitor all employment -related activities to ensure
that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may
be required by the City and to keep records of the same. Records for each employee shall at least include:
the employee's name; address; telephone number; construction trade; union affiliation, if any; employee
identification number where assigned; social security number; race; sex; status;. dates of changes in status;
hours worked per week in the indicated trade; rate of pay; and locations at which the work was performed.
Records shall be maintained in an easily understandable and retrievable form; however, to the degree that
existing records satisfy this requirement, Contractor shall not be required to maintain separate records.
3. COPELAND ANTI -KICKBACK ACT
In any contract involving construction or repair, Contractor agrees to comply, and shall require its subcontractors to
comply, with the provisions of the Copeland "Anti -Kickback Act" (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. DAVIS-BACON ACT
..� In any contract for construction in excess of $2,000: Contractor agrees to comply, and shall require its
subcontractors to comply, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to a-7). This Act requires
contractors to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage
determination made by the Secretary of Labor and to pay wages not less often than once a week. Specifically,
Contractor agrees to comply with the following Department of Labor regulations (29 CFR Part 5):
a. Minimum Wages
All laborers and mechanics employed or working upon the site of the work performed pursuant to this
contract will be paid unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued
by the Secretary of Labor under the Copeland Act), the full amount of wages and bonafide fringe benefits
w (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 I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions of Paragraph d of this clause; also, regular
contributions made or costs incurred for more than a weekly period under plans, funds or program which
occur the particular weekly period, are deemed to be constructively made or incurred during such weekly
period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the
wage determination for the classifications of work actually performed without regard to skill, except as
provided in the clause entitled "Apprentices and Trainees." Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the time
actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including any additional classifi-
cations and wage rates conformed under Paragraph b of this clause) and the Davis -Bacon poster shall be
29
posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and
accessible place where they can easily be seen by the workers.
b. Employment of Laborers or Mechanics not listed in Aforesaid Wage Determination Decision
(1) The City shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under this Contract shall be classified in conformance
with the wage determination. The City shall approve an additional classification and wage rate
and fringe benefits therefore only when the following criteria have been met:
(a) The work to be performed by the classification requested is not performed by a
classification in the wage determination;
(b) The classification is utilized in the area by the construction industry; and
(c) The proposed wage rate, including any bonafide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification or their
representatives and the City agree on the classification and wage rate, including the amount
designated for fringe benefits, where appropriate, a report of the action taken shall be sent by the
City to the Administrator of the Wage and Hour Division, Employment Standards Administration,
United States Department of Labor. The Administrator, or an authorized representative, will
approve, modify or disapprove every additional classification action within 30 days or receipt and
so advise the City or will notify the City within the 30-day period that additional time is necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, and the
City do not agree on the proposed classification and wage rate, including the amount designated
for fringe benefits, where appropriate, the City shall refer the questions, including the reviews of
all interested parties and the recommendations of the City, to the Administrator for determination.
The Administrator of the Wage and Hour Divisions, or an authorized representative, will issue a
determination within 30 days of receipt and will so advise the City or will notify the City within
the 30-day period that additional time is necessary.
(4) The wage rates determined pursuant to the above provisions shall be paid to all workers
performing work in the classification under this Contract from the first day on which work is
performed in the classification.
C. Fringe Benefits Not Expressed as Hourly Wage Rates
Whenever the minimum wage rate prescribed in this Contract for a class of laborers or mechanics includes
a fringe benefit which is not expressed as an hourly 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.
Underpayments of Wages or Salaries
30
The City shall, upon its own action or upon written request of an authorized representative of the
w 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
(1) Payrolls and basic records relating to the work performed under the terms of this Contract shall be
maintained by the Contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work. Such records shall
contain the name, address and social security number of each such worker, his or her correct
classification, hourly rate of wages paid (including rates of contributions or costs anticipated for
bonafide fringe benefits or cash equivalents thereof), daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of Labor has found that the
wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing
benefits under a plan or program described by the Davis -Bacon Act, the Contractor shall maintain
records which show that the commitment to provide such benefits is enforceable, that the plan or
program is financially responsible, that the plan or program has been communicated in writing to
the laborers or mechanics affected, and the cost anticipated or the actual costs incurred in
providing such benefits. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprenticeships and trainees, and the ratios and wage rates
prescribed in the applicable program.
(2) (a) The Contractor shall submit weekly a copy of all payrolls to the City if the City
is a party to the Contract, but if the City is not such a party, the Contractor will submit the
payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the
City. The payroll submitted shall set out accurately and completely all of the information
required to be maintained under Paragraph (1) of this Section. The information shall be
submitted in a form approved by the City. The Contractor is responsible for the
submission or copies of payrolls by all subcontractors.
aw (b) Each payroll submitted shall be accompanied by a "statement of compliance",
signed by the Contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the Contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be
maintained under Paragraph (1) of this Section and that such information is
correct and complete;
(ii) That each laborer or mechanic employed on this Contract during the payroll
period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions.
31
IM
(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 XVI11 and Sec.
231 of Title XXXI of the United States Code.
(3) The Contractor or subcontractor shall make the records required under Paragraph (I) 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
` (I) 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 classification, fringes shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship and Training, or a state apprenticeship
agency recognized by the Bureau, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
32
(2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification, by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination of the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for work performed until
an acceptable program is approved.
(3) Equal Employment Opportunitv. 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.
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.
Claims and Disputes Pertaining to Wage Rates
Claims and disputes pertaining to wage rates or to the classification of laborers and mechanics employed
upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the City
for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of
Labor, United States Department of Labor, whose decision shall be final with respect thereto.
5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contractor will comply with all provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
332), as supplemented by Department of Labor Regulations (29 CFR, Part 5). Specifically, Contractor will comply
with the following standards:
a. Overtime Compensation
No contractor or subcontractor contracting for any part of the Contract work which may require or involve
the employment of laborers or mechanics, including watchmen and guards, shall require or permit any such
r 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
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.
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. DAVIS-BACON ACT." "5. CONTRACT WORK HOURS
AND SAFETY STANDARDS ACT," "6. CHILD LABOR ACT." ' 7. MISCELLANEOUS
PROVISIONS" and such other clauses as the City may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all the
contract clauses cited above.
d. Breach of Foregoing Federal Labor Standards Provisions
In addition to the causes for termination of this Contract, as herein elsewhere set forth, the City reserves the
right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the
work covered by this Contract shall breach any of the foregoing Federal Labor Standards provisions. A
breach of these Federal Labor Standards provisions my also be grounds for debarment, as provided by the
applicable regulations issued by the Secretary of Labor, United States Department of Labor.
e. Employment Practices
The Contractor shall (1), to the greatest extent practicable, follow hiring and employment practices for
work on the project which will provide new job opportunities for the unemployed and underemployed, and
(2) insert or cause to be inserted this provision in each construction subcontract.
'. f. Contract Termination; Debarment
A breach of any of the Acts or regulations specified in Paragraph c, above, may be grounds for termination
of this Contract and for debarment as a Contractor and a subcontractor, as provided in 29 CFR 5.12.
Disputes Concerning Labor Standards
Disputes arising out of the Labor Standards provisions of this Contract shall not be subject to the General
Disputes Clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR, Parts 5, 6 and 7. Disputes, within the meaning of this Clause,
include disputes between the Contractor or any of its subcontractors; and the City, the U.S. Department of
Labor, their employees or representatives.
"" h. Certification of Eligibility
(1) By entering into this Contract, the Contractor certifies that neither it nor any person or firm who
has an interest in the Contractor's firm is a person or firm ineligible to be awarded government
contracts by virtue of Sections 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a
government contract by virtue of the above -mentioned sections.
35
8. CLEAN AIR AND WATER ACT
a. Contractor shall comply with all requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C.
1857, et seq.). and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.)
relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in
Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and
IN& guidelines issued thereunder before the award of this Contract.
b. No portion of the work required by this Contract will be performed in a facility listed on the EPA List of
Violating Facilities on the date when this Contract was awarded unless and until the EPA eliminates the
name of such facility or facilities from such listing.
C. Contractor shall use its best efforts to comply with clean air standards and clean water standards at all
'~ facilities in which the Contract is being performed.
d. Contractor shall insert the substance of the provisions of this clause into any non-exempt subcontract,
including this 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
J"
s
Am
ON
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 1 have any questions regarding my obligations, I will as soon as
possible contact the Fort Worth Housing and Economic Development, Contract Management Division staff member
who is assigned to monitor this Contract.
Contractor:
By:
Title:
37
•s
s
"0
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 ❑ No ❑ (If answer is yes, identify the most recent contract.)
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes ❑ No ❑
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Yes ❑ No ❑
4. If answer to item 3 is "No," please explain in detail on reverse side of this certification.
Certification - The information above is true and complete to the best of my knowledge and belief.
Signature
Name and Title of Signer (Please Type)
Date
38
r-n
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 aid or will be aid, b or will be aid b or on behalf of the
()P� P� Y P�� Y
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the raking of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and coopera-
tive agreements) and that all subrecipients shall certify and disclose accordingly.
Signature
Title
Date
39
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, the duly authorized and acting legal representative of
do hereby certify as follows:
I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am
of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives have full power and authority to execute said
agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and
legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions
thereof.
Signature:
Date:
40
U. S. DEPARTMENT OF LABOR
WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS
INSTRUCTIONS FOR COMPLETING PAYROLL FORM WH-347
General: The use of WH-347, payroll form, is not mandatory. This form has been made available for the
convenience of contractors and subcontractors required by their Federal or Federally -aided construction -type
_ contracts and subcontracts to submit weekly payrolls. Properly filled out, this from will satisfy the requirements of
Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the
Davis -Bacon and related Acts.
This form meets needs resulting from the amendment of the Davis -Bacon Act to include fringe benefits provisions.
Under this amended law, the contractor is required to pay not less than fringe benefits as predetermined by the
Department of Labor, in addition to payment of not less than the predetermined rates. The contractor's obligation to
pay fringe benefits may be met either by payment of the fringes to the various plans, funds, or programs or by
making these payments to the employees as cash in lieu of fringes.
This payroll provides for the contractor's showing on the face of the payroll all monies paid to the employees,
whether as basic rates or as cash in lieu of fringes and provides for the contractor's representation in the statement of
compliance on the rear of the payroll that he is paying to others fringes required by the contract and not paid as cash
in lieu of fringes. Detailed instructions concerning the preparation of the payroll follow:
Contractor or Subcontractor: Fill in your firm's name and check appropriate box.
Address: Fill in your firm's address.
Column I - Name. Address, and Social Security Number of EmDlovee: 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 - Withholdine 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 required fringe benefits: A contractor who pays fringe benefits to
approved plans, funds or programs in amounts not less than were determined in the applicable wage decision of the
Secretary of Labor shall continue to show on the face of the payroll the basic cash hourly rate and overtime rate paid
to his employees just as he has always done. Such a contractor shall check paragraph 4(a) of the statement on the
reverse of the payroll to indicate that he is also paying to approved plans, funds, or programs not less than the
amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in Section 4(c).
Contractors who vav 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 applicable
determination) worked
on Federal or Federally assisted project an amount not less than the predetermined rate plus cash in lieu of fringes as
shown in Section 4(c). The rate paid and amount of cash paid in lieu of fringe benefits per hour should be entered in
column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime
rate.
Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of the employee's weekly
wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount
earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects,
thus $63.00/120.00.
Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five deductions
should be involved, use first 4 columns; show the balance of deductions under "Other" column; show actual total
under "Total Deductions" column; and in the attachment to the payroll describe the deductions contained in the
"Other" column, All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29
43
am CFR, Part 3. If the employee worked on other jobs in addition to this project, show actual deductions from his
weekly gross wage, but indicate that deductions are based on his gross wages.
,.
Column 9 - Net Waees 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 Reeulations. Parts 3 and 5: While this form need not be notarized, the statement on the back
of the payroll is subject to the penalties provided by 18 USC 1001, namely, possible imprisonment for 5 years or
$10,000.00 fine or both. Accordingly, the party signing this required statement should have knowledge of the facts
represented as true.
Space has been provided between items (1) and (2) of the statement for describing any deductions made. If all
deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this
payroll". See paragraph entitled "FRINGE BENEFITS" above for instructions concerning filling out paragraph 4 of
the statement.
44
U. S. Department of Housing and Urban Development
CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE
.r TO SUPERVISE PAYMENT OF EMPLOYEES
Project Name Date
Location Project No.
(I) (We) hereby certify that (I am) (we are) (the prime contractor) (a subcontractor) for
(Specify "General Construction", "Plumbing", "Roofing", etc)
in connection with construction of the above -mentioned Project, and that (I) (we) have appointed
whose signature appears below, to supervise the payment of (my) (our) employees beginning
, 20_; that he/she is in a position to have full knowledge of the facts set forth in the payroll documents and in the
statement of compliance required by the so-called Kick -Back Statute which he/she is to execute with (my) (our) full
authority and approval until such time as (1) (we) submit to a new
certificate appointing some other person for the purposes hereinabove stated.
(Identifying Signature of Appointee)
Attest (if required):
(Name of Firm or Corporation)
Signature)
(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 PAYROLL Form Approved
WAGE AND HOUR DIVISION Budget From No. 44 B1093
(For Contractors Optional Use, See Instruction Form WH-3471nst.)
Name of Contractor ❑ Or Subcontractor ❑ Address
PAYROLL NO I FOR WEEK ENDING PROJECT AND LOCATION I PROJECT OR CONTRACT NO
(1) -2 (3) O (4) DAY AND DATE (5) (6) (7) (8) DEDUCTIONS (9)
T
WW HHOLDING FICA WITH- OTHER TOTAL
NAME, ADDRESS AND WORK 0 TOTAL RATE GROSS HOLDING DEDUCTIONS NET
SOCIAL SECURITY NUMBER CLASSIFICATION R HOURS OF AMOUNT TAX WAGES
OF EMPLOYEE PAY EARNED PAID FOR
S WEEK
T HOURS WORKED EACH DAY
O
S
O
S
O
S
O
S
0
S
O
S
O
S
O
S
OMB# 2301-0007
47
DAL/DAO-1340.3/2
a U. S. DEPARTMENT OF LABOR STATEMENT OF COMPLIANCE Form Approved
WAGE AND HOUR AND PUBLIC Budget Bureau No. 44-R1090
CONTRACTS DIVISIONS
Date
1 1 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)
N 20 and ending the day of 20_ all persons employed on said
project have been paid the full weekly wages earned, that no rebates have been or will be made either directly
or
indirectly to or on behalf of said
(Contractor or subcontractor)
from the full weekly wages earned by any person and that no deductions have been made either directly or
indirectly from the full wages earned by any person, other than permissible deductions as defined in
Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended
(48 Stat. 948.63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below:
(2) That any payrolls otherwise under this contract required to be submitted for the above period are
correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the
applicable wage rates contained in any wage determination incorporated into the contract; that the
classifications set forth therein for each laborer or mechanic conform with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship
program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training,
United States Department of Labor, or if no such recognized agency exists in a State, are registered with the
Bureau of Apprenticeship and Training, United States Department of Labor.
(4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
❑ 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
❑ Each laborer or mechanic listed in the above referenced payroll has been paid as
indicated on the payroll, an amount not less than the sum of the applicable basic
hourly wage rate plus the amount of the required fringe benefits as listed in the
contract, except as noted in section 4(c) below.
(c) EXCEPTIONS
EXCEPTION (Craft)
Remarks
Name and Title
Signature
EXPLANATION
THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL
PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
49
*EMPLOYEES STATEMENT OF WORK VERIFICATION
The undersigned hereby certifies that he has engaged in the following work
classifications for the payroll week beginning and ending
(Date)
and was employed by
(Date) (Name of Company)
WORK
CLASSIFICATION
TOTALS
(Employee's Signature)
S M T W TH JFJ SAT TOTAL I RATE OF GROSS
HOURS PAY PAY
'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
This is the authorization to the to deduct from my paycheck $
This is for item number:
REPAYMENT OF:
1. Loan
7.
Credit Union
2. Retirement
8.
Profit Sharing
3. Advance on Wages
9.
Donations to Agencies
4. Savings
10.
Insurance Premiums
5. Savings Bonds
11.
Union Dues
6. Uniforms
12.
'This deduction is to be made:
CHECK APPROPRIATE BOX
❑
One time only
❑
Weekly
❑
Bi-weekly
❑
For
weeks
Date:
Employee's Signature:
Printed or Typed Name:
Project Name and Number:
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT INPUT
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
To (Appropriate Recipient) Date
C/O Project Number (If any)
Project Name
1. The undersigned, having executed a contract with
for
(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 General of
the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor,
part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of the Davis -Bacon Act, as amended
(40 U.S.C. 276a-(a)).
(c) No part of the aforementioned contract has been or will be subcontracted to any
subcontractor if such subcontractor or any firm, corporation, partnership or association in
which such subcontractor has a substantial interest is designated as an ineligible
contractor pursuant to the aforesaid regulatory or statutory provisions.
2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days
after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor
Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in
duplicate,
(a) The workmen will report for duty on or about
(Nature of work)
In the amount of $
3. He certifies that:
(a) The legal name and the business address of the undersigned are:
(b) The undersigned is:
52
1 (1) A Single Proprietorship:
y1 (2) A Partnership:
w
(3) A Corporation Organized in the State of:
(4) Other Organization (Describe)
(c) The name, title and address of the owner, partners or officers of the undersigned are:
Name Title Address
�d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the
,undersigned, and the nature of the interest are (If none, so state):
Name Address Nature of Interest
7
so
53
(e) The names, addresses and trade classifications of all other building construction contractors in which the
undersigned has a substantial interest are (if none, so state):
.JI Name Address Nature of Interest
'By
(Subcontractor)
(Signature)
(Typed Name and Title)
54
.•
ft-
WARNING
U. S. Crimnal Code, Section 1010, Title 18, U.S.C, Provides in part: "Whoever ... makes, passes, alters,
or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or
imprisioned not more than two years, or both."
55
VM
w
FORT WORTH
City of Fort Worth
Minority and Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar value of the contract is $26,000 or more, the MWWBE goal is applicable.
If the total dollar value of the contract is less than $25,000, the MWWBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women B
Enterprises (MWWBE) in the procurement of all goods and services to the City on a contractual basis. All requii
and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid.
MIWBE PROJECT GOALS
The City's MWWBE goal on this project is _ _a % of the total bid (Base bid applies to Parks and Community Services).
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's MWWBE Ordinance by
either of the following:
1. Meet or exceed the above stated MWWBE goal, or
2. Good Faith Effort documentation, or;
3. Waiver documentation, or;
4. Joint Venture.
... SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department, within the following times allocated, in order
for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MWBE documentation
_ in person to the' appropriate' emp66e, of the maneging department and obtain a date/time receipt. Such- receipt shall
be evidenceM►at the City received the documentation- in the N,me allocated; A faxed copy w111 not be accepted
1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid
met or exceeded: opening date, exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if participation is less than opening date, exclusive of the bid opening date.
stated goal:
3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if no MWWBE participation: I opening date, exclusive of the bid opening date.
_ 14. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid
perform all subcontracting/supplier work: opening date, exclusive of the bid opening date.
5. Joint Venture Form, if utilize a joint venture received by 5.-00 p.m., five (5) City business days after the bid
to met or exceed goal. I opening date, exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S MWWBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED
NON -RESPONSIVE TO SPECIFICATIONS
Any questions, please contact the MWWBE Office at (817) 392-6104.
Imo°,
Rev. 1111105
i
ATTACHMENT 1A
Page 1 of 4
FORT WORTH City of Fort Worth
Subcontractors/Suppliers Utilization Form
PRIME COMPANY NAME: (�� j� I Check applicable block to describe prime
PROJ.0 Wt v i n� W n 5 tr t (Ji ?) 1 y J
'/j M/W/DBE I NON-MNV/DBE
lJ" 1 �► W-� �' -"' ' `� 1rt4as 4I uC4-uIpi PrDJ CC-' zQ� 1 I I �/, ,.�iGDATE - -- -
City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER
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 or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date,
will result in the bid being considered non -responsive to bid specifications.
The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this
utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional
and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the
bid being considered non -responsive to bid specifications
M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties.
Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct
payment from the prime contractor to a subcontractor is considered 1s' tier, a payment by a subcontractor to
its supplier is considered 2nd tier
IALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have
been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification
Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business
Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE).
If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease
trucks from another M/WBE firm, including M/1NBE owner -operators, and receive full M/WBE credit. The
M/WBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the
Fees and commissions earned by the M/WBE as outlined in the lease agreement.
Rev. 5/30/03
FORTWORTH
ATTACHMENT 1A
Page 2 of 4
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs.
Please list M/WBE firms first, use additional sheets if necessary.
Certification N
(check one)
SUBCONTRACTOR/SUPPLIER T n
Company Name i N T Detail Detail
Address I M yy C X M Subcontracting Work Supplies Purchased Dollar Amount
T D W
r
Telephone/Fax
B B R O B
OL E E C T E
A
3 eo 13e44-) I e► c ro
�r+-t brA,UC76111
ph. 81`7---75G-I el I q
X' 81`7
s✓
Ph: °I -I a-tol --t-�"1 � •l
�'
Sibtf 11 s4a ►-k
-)J-Dy V'xK ►S14M
Irutrr��yyTX�Saoa
(-�Z >aVIN Cons+
1 :;i,aU Jac,r-SVn &A .
1 �d Du Ic,-Cx�s�s� 5
- -Pw :172-b l-1 `4 g rsa
i
r
ri
Gorvr��
943a-r
J U�r1 y 000 . Dv
V L
� S
tY4ui o�-
Rev. 5/30/03
ATTACHMENT 1A
FORT WORTH Page 3 of 4
w
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs.
Please list M/WBE firms first, use additional sheets 'rf necessary.
Certification t
(check one)
SUBCONTRACTOR/SUPPLIER T r
Company Name i N T Detail Detail
Address M W C X s Subcontracting Work Supplies Purchased Dollar Amount
Telephone/Fax r E E R O E
T D 1,
C T E
A
Rev. 5130/03
ATTACHMENT1A
FORT WORTH Page a of a
Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 16 000 00
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $
The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval
of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a
Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of
contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor
shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed
M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including
M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or
examination of any books, records and files held by their company. The bidder agrees to allow the
transmission of interviews with owners, principals, officers, employees and applicable
subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work
performed by the MM//DBE(s) on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment
from City work for a period of not less than three (3) years and for initiating action under Federal, State or
Local laws concerning false statements. Any failure to comply with this ordinance and create a material
breach of contract may result in a determination of an irresponsible Offeror and barred from participating in
"!'!{ City work for a period of time not less than one (1) year.
r
■
SAveS4-iT- NerraUZ S'11kTn'gXZ'
Authorized Signature Printed Signature
ptit,n-a- WA r I tlot 1-6 ri&nrtL
Title Contact Namenitle (if different)
� Z P(MINJ CJor*ft u th on L4U9 -e63 3(A� I q l a-1 -Lo 1-7-W100
Company Name Telephone and/or Fax
� 9-t, J it sore S�- %ef In Dc�� �-i- -
Address E-mail Address
V-P-A Ga I-t--Cx i515q 11-�;0--09
City/State2ip Date
Rev. 5130/03
•40
FORT WORTH
PRIME COMPANY NAME:
.. PROJECT NAME:
City's MNVBE Project Goal:
City of Fort Worth
Prime Contractor Waiver Form
PROJECT NUMBER
ATTACHMENT 16
Page 1 of 1
Check applicable block to descri
prime
MNV/DBE I NON-MNV/DI
ID DATE
If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questior
this form must be completed and a detailed explanation provided, if applicable. If the answer to either questi
NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes.
Failure to complete this form in its entirety and be received by the Managing Department on or before
5:00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in th
bid being considered non -responsive to bid specifications.
Will you perform this entire contract without subcontractors? I i YES
If yes, please provide a detailed explanation that proves based on the size and scope of this I NO
project, this is your normal business practice and provide an operational profile of your business. ;
Will you perform this entire contract without suppliers? _ YES
I
If yes, please provide a detailed explanation that proves based on the size and scope of this i
project, this is your normal business practice and provide an inventory profile of your business. NO
The bidder further agrees to provide, directly to the City upon request, complete and accurate informati(
regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payme
therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidd
also agrees to allow an audit and/or examination of any books, records and files held by their company that Vi
substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee
the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract
debarment from City work for a period of not less than three (3) years and for initiating action under Federal, Sta
or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach
contract may result in a determination of an irresponsible offeror and barred from participating in City work for
period of time not less than one (1) year.
Authorized Signature Printed Signature
Title Contact Name (if different)
Company Name Phone Number Fax Number
Address Email Address
City/State/Zip Date
Rev. 5/30/03
ci
FORT WORTH
PRIME COMPANY NAME:
PROJECT NAME:
City's M/WBE Project Goal:
City of Fort Worth
Good Faith Effort Form
PROJECT NUMBER
ATTACHMENT IC
Page 1 of 3
Check applicable block to describe
prime
MM/DBE
BID DATE
NON-MNV/DBE
r�
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. 1.4
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.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of
bid opening date, will result in the bid being considered non -responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunityl for the completion of this
project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES
OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the
2no tier.
(Use additional sheets, if necessary)
List of Subcontracting Opportunities I List of Supplier Opportunities
aa.. fkrJ% YlhfY
r.
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 Date of Listing I /
No
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 firm and address and a dated copy of letter mailed.)
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 name of MIWBE firm, 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 list 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
Rav 04LMIffil
ATTACHMENT IC
Page 3 of 3
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
DBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the DBE(s) listed was/were
contacted in good faith. It is understood that any DBE(s) listed in Attachment 1C will be
contacted and the reasons for not using them will be verified by the City's M/WBE
Office.
Authorized Signature Printed Signature
Title Contact Name and Title (if different)
Company Name Phone Number Fax Number
Address Email Address
City/State/Zip Date
Rau kMetihh
s
-
FORT WORTH
Name of City project:
CITY OF FORT WORTH
Joint Venture Eligibility Form
All questions must be answered; use "NA " /f applicable,
A joint venture form must be completed
RFPBid/Purcha
1. Joint venture information:
Joint Venture Name:
I
-
Joint Venture Address:
MM
(If applicable)
Telephone:
Facsimile:
E-mail address:
Cellular:
Identify the firms that comprise the joint venture:
Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by eact
ioint venture
M/WBE firm
I
Non-M/WBE
name:
firm name:
Business Address:
Business Address:
{ City, State, Zip:
City, State, Zip:
Telephone Facsimile
E-mail Telephone Facsimile
Cellular
Cellular
E '` Certification Status:
vm
Name of Certifying Agency:
2. Scope of work performed by the Joint Venture:
Describe the scope of work of the M/WBE:
I
E-mail address
Describe the scope of work of the non-M/WBE:
Joint Venture
Page f of 3
aw
Joint Venture
Page 2 of 3
3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward
meeting the project goal?
4. Attach a copy of the joint venture agreement.
5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement)
Profit and loss sharing:
Capital contributions, including
equipment:
Other applicable ownership interests:
6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for th
management and decision making of the joint venture:
Financial decisions
(to include Account Payable and Receivable):
Management decisions:
a. Estimating
--------------------------------------I
b. Marketing and Sales
___
---------------------------------------
c. Hiring and Firing of management ,
personnel
----------------------------------------------
d. Purchasing of major equipment
and/or supplies
Supervision of field operations
•�- The City's Minority and Women Business Enterprise Office will review your joint venture submission and
will have final approval of the M/WBE percentage applied toward the goal for the project listed on this
form.
NOTE:
From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar
amounts/percentages change from the originally approved information, then the participants must inform the City's
.� M/WBE Office immediately for approval. 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 City's M/WBE Ordinance.
MW
W.
w
Joint Venture
Page 3 of 3
AFFIDAVIT
The undersigned affirms that the foregoing statements are true and correct and include all material information
necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall
agree to provide to the joint venture the stated scope of work, decision -making responsibilities and payments
herein.
The City also reserves the right to request any additional information deemed necessary to determine if the joint
venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds
for termination of the eligibility process.
The undersigned agree to permit audits, interviews with owners and examination of the books, records and files
of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this
provision shall result in the termination of any contract, which may be awarded under the provisions of this joint
venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false
statements or willful misrepresentation of facts._ - _ -
- - ---- - - - - - -
Name of M/WBE firm Name of non-M/WBE firm
Printed Name of Owner
Signature of Owner
Printed Name of Owner
Signature of Owner
Title
Date
State of
On this day of
Printed Name of Owner
Signature of Owner
Printed Name of Own
Signature of Owner
Title
Date
Notarization
County of
2
and
to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were
properly authorized to execute this affidavit and did so as their free act and deed.
Notary Public
Print Name
Notary Public
Signature
Commission Expires
(sea/)
-.. r ..., ,,.
P R O P O S A L
TO: CITY OF FORT WORTH
PURCHASING DIVISION
1000 THROCRMORTON ST
FORT WORTH, TEXAS 76102
FOR: WHELLCHAIR RAMPS INFRASTRUCTURE PROJECT
CDBG CONTRACT 2009-2
AT VARIOUS LOCATIONS
* Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly
examined the plans, specifications and the site, understands the amount of work
to be done, and hereby proposes to do all the work and furnish all labor,
equipment, and materials necessary to fully complete all the work as provided in
the plans and specifications, and subject to the inspection and approval of the
Director of the Transportation and Public Works Department of the City of Fort
Worth.
Total quantities given in the bid proposal may not reflect actual quantities;
however, they are given for the purpose of bidding on and awarding the contract.
The City also reserves the right to increase or decrease quantities of individual
pay items within the contract provided that the total contract amount remains
within plus or minus (t) 25% of the contract award. The contractor is not
entitled to any additional compensation or renegotiation of individual pay item
bid prices.
Upon acceptance of this proposal by the City Council, the bidder is bound to
execute a contract and furnish Performance, Payment and Maintenance Bonds
acceptable to and approved by the City of Fort Worth for performing and
completing the said work within the time stated and for the following sums,
to -wit:
SPEC
PAY
APPROX.
DESCRIPTION OF ITEMS WITH
UNIT
TOTAL
A ITEM
ITEM
OUANTITY
BID PRICES WRITTEN IN WORDS
PRICE
AMOUNT BID
S.P.
1
2 EA.
Project designation sign @
Two Hundred Dollars
& No Cents Per Each
$200.00
$400.00
S.P.
2
LUMPSUM
Sprinkler heads adjustment @
Three thousand Dollars
& No Cents Per L.S.
$3,000.00
$3,000.00
104
3
9,500 S.F.
Remove existing concrete flat work @
- S.P.
�00 Dollars &
Cents Per S.F.
W
00
P-1
SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
ITEM ITEM OUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
104 4 320 S.F. Remove existing 6-inch reinforced
S.P. concrete pavement @
N o Dollars &
(7Ul r—i Cents Per S.F. 0 4
106 5 1,600 S.F. Remove existing 6-inch asphalt pavement
S.P. @
(_ M v Dollars & . C C4
Cents Per S.F.
502 6 1,100 L.F. Install standard concrete curb &
S.P. gutter @
a2,& << Q-,n Dollars & 00
NO Cents Per L.F.
504 7 7,200 S.F. Install standard 4-inch ADA concrete
S.P. wheelchair ramp (with 24-inch x 48-inch
det ctable warning Dome -Tile surface) @
T O LW Dollars &
+1 Cents Per S.F.
504 8 1000 S.F. Install standard 4-inch concrete sidewalk
S.P. @�r
Dollars & nCn
Cents Per S.F. �,"I �v
504 9 320 S.F. Install 7-inch reinforced concrete
S.P. pavement
@"T-� VQ, Dollars &
4h 4 4 `I Cents Per S.F.
504 10 30 C.Y. 2:27 Concrete for base repair (1500 psi)
S.P. (-)Y-\,Q_ hlMdrrOl Dollars&
K)o Cents Per C.Y.
300 11 180 S.Y. Install 2-inch HMAC Surface Course
310 Type "D" Mix @
340 I I\ Dollars &ll y�
S.P. piCents Per S.Y. 5 fix -'" $ I b' -100 , 0 0
P-2
SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH
ITEM ITEM OUANTITY BID PRICES WRITTEN IN WORDS
S.P. 12 10 C.Y.
116
S.P. 13 10 EA.
S.P. 14 130 S.Y.
118
Top soil @
UNIT TOTAL
PRICE AMOUNT BID
Dollars & Dv
Cents Per C.Y. $ d• S 5 cc - Go
Water Meter
jBox Adjustment @
� V, I'(+ l Dollars &
N v Cents Per Each $
Grass Sod Replacement @
-�t`rd— Dollars& �p
NO Cents Per S.Y. S ,00 S "J 0
TOTAL BID
S �).�D .C-X:)
P-3
This contract is issued by an organization which qualifies for exemption pursuant
to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use
Tax Act.
Taxes: All equipment and materials not consumed by or incorporated into the
project construction, are subject to State sales taxes under House Bill 11, Ij
enacted August 15, 1991.
The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance
7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting
discrimination in employment practices.
The undersigned agrees to complete all work covered by these contract documents
within Two Hundred (100) Calendar Days from and after the date for commencing work
as set forth in the written work order to be issued by the Owner, and to pay not
less than the enclosed Prevailing Wage Rates.
Within Ten (10) Calendar Days of receipt of notice of acceptance of this bid, the
undersigned will execute the formal contract and will deliver an approved Surety
Bond for the faithful performance of th s contract. The a�jtached de osit
check in the sum of '� (11�G� -� tAA 'OXti`A 0AJ k-k-Li W �.F C`l �� < Ll r� i
N26 - 11,0 C Q M-SDollars ($ 14 1 (% � . ��� ) is
to become the property of the City of Fort Worth, Texas, or the attached Bidder's
Bond is to be forfeited in the event the contract and bond are not executed within
the time set forth, as liquidated damages for delay and additional work caused
thereby.
The Contractor shall mobilize within ten (10) calendar days of the notice given by
the Construction Engineer for any of the locations. If the contractor fails to
begin the work within ten (10) calendar days, a $200 dollars liquidated damage
will be assessed per Block per day.
I (we) acknowledge receipt of the following addenda to the plans and
specifications, all of the provisions and requirements of which have been taken
into consideration in preparation of the foregoing bid:
Addendum No.
Addendum No.
Addendum No.
(Seal)
Date:
1 (Initials)
2 (Initials)
3 (Initials)
Respectfully submitted,
Company Name Lwkorl
By:
Signature
S.t I VeS_�t 4" nGndc 2
Printed !Name of Principal
Address: 1-3_?(p ')4( KSb►--) a
E-mail Address: Yle r 1 1a�s Cti r' `�
Telephone: q tp9
P-4
SPECIAL PROVISIONS
FOR: WHEELCHAIR RAMPS INFRASTRUCTURE PROJECT
CDBG CONTRACT 2009-2
AT VARIOUS LOCATIONS
1. SCOPE OF WORK:
The work covered by these details and specifications consists of the removal of existing concrete flat
work (sidewalk, driveways, curb and gutter and wheelchair ramps), removal of reinforce concrete
pavement, asphalt pavement, shrubs, and any other existing structures that maybe necessary to be
removed to construct wheelchair ramps. These items are described in the Special Provisions of these
specifications. The work also consists of all other miscellaneous items of construction to be
4 performed as outlined in the details and specifications which are necessary to satisfactorily complete
the work.
The Contractor shall mobilize within fourteen (14) calendar days of the notice given by the
Construction Engineer for any locations. If the contractor fails to begin the work within fourteen
(14) calendar days, a $200 dollars liquidated damage will be assessed per block per day.
It shall be the responsibility of the prospective bidder to visit the project sites and make such
examinations and explorations as may be necessary to determine all conditions that may affect
construction of this project. Particular attention should be given to methods of providing ingress
and egress to adjacent private and public properties, procedures for protecting existing
improvements and disposition of all materials to be removed. Proper consideration should be
given to these details during preparation of the Proposal and all unusual conditions that may give
rise to later contingencies should be brought to the attention of the City prior to the submission of
the Proposal. The contractor shall verify these locations with the Construction Engineer.
For street locations, see list at the back of this document. At the sole discretion of the City, the
City reserves the right to add, delete or substitute streets in this contract. The City also reserves
the right to increase or decrease quantities of individual pay items within the contract provided
that the total contract amount remains within plus or minus (±) 25% of the contract award. The
contractor is not entitled to any additional compensation or renegotiation of individual pay item
bid prices.
SP-1
Total quantities given in the bid proposal may not reflect actual quantities, but represent the best
estimate based on a reasonable effort of investigation; however, they are given for the purpose of
bidding on and awarding the contract.
2. AWARD OF CONTRACT:
Contract will be awarded to the lowest responsible bidder.
3. SUBMITTALS FOR CONTRACT AWARD:
The City reserves the right to require the contractor who is the apparent low bidder(s) for a project
to submit such information as the City, in sole discretion may require, including but not limited to
manpower and equipment records, information about key personnel to be assigned to the project,
construction schedule, to assist the City in evaluating and assessing the ability of the apparent low _
bidder(s) to deliver a quality product and successfully complete projects for the amount bid within
the stipulated time frame. Based upon the City's assessment of the submitted information, a
recommendation regarding the award of a contract will be made to the City Council. Failure to
submit the information, if requested, may be grounds for rejecting the apparent low bidder as non-
responsive. Affected contractors will be notified in writing of a recommendation to the City
Council.
4. CONTRACT TIME:
The Contractor agrees to complete the Contract within the allotted number of days. If the
Contractor fails to complete the work within the number of days specified, liquidated damages shall
be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard _
Specification for Street and Storm Drain Construction of the City of Fort Worth, Texas.
The contract time will be counted from the date set at the pre -construction conference and will
continue until a time the inspector determines the project is ready for a final inspection. At that time
a final inspection will be scheduled. If in the opinion of the inspector the project has not been made
ready, the final inspection will be cancelled and time will continue to be counted. A five working
day period is required for the rescheduling of a final inspection.
The Contractor also agrees to comDlete the final punch list within ten (10) working days after
receiving it. If the Contractor fails to comDlete the work within ten (10) working days, the counting
SP-2
of the number of days to complete the Contract will resume and liquidated damages shall be charged,
as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification
for Street and Storm Drain Construction of the City of Fort Worth, Texas.
5. EARLY WARNING SYSTEM FOR CONSTRUCTION:
Time is of the essence in the completion of this contract. In order to insure that the contractor is
responsive when notified of unsatisfactory performance and/or failure to maintain the contract
schedule, the following process shall be applicable:
The work progress on all construction projects will be closely monitored. On a bi-monthly basis
the percentage of work completed will be compared to the percentage of time charged to the
contract. If the amount of work performed by the contractor is less than the percentage of time
allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time
as may be amended by change order), the following proactive measures will be taken:
A. A letter will be mailed to the contractor by certified mail; return receipt
requested, demanding that within 10 days from the date that the letter is
received, to provide sufficient equipment, materials and labor to ensure
completion of the work within the contract time. In the event the contractor
receives such a letter, the contractor shall provide to the City an updated
schedule showing how the project will be completed within the contracted time.
B. The Construction Engineer and the Director of the Transportation and Public
Works Department will be made aware of the situation. If necessary, the City
Manager's Office and the appropriate city council members may also be
informed.
C. Any notice that, in the City's sole discretion, is required to be provided to
interested individuals will be distributed by the Construction Engineer.
D. Upon receipt of the contractor's response, the appropriate City departments and
directors will be notified. The Construction Engineer will, if necessary, then
forward updated notices to the interested individuals.
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.
SP-3
6. RIGHT TO ABANDON:
The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or 4
the entire project, at any time before the Contractor begins any construction work authorized by the
City.
7. CONSTRUCTION SPECIFICATIONS:
This contract and projects are governed by the two following published specifications, except as
modified by these Special Provisions:
STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION -CITY
OF FORT WORTH and STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION -NORTH CENTRAL TEXAS. General Provisions shall be those of the Fort
Worth document rather than Division 1 of the North Central Texas document.
A copy of these specifications may be purchased at the Office of the Transportation and Public
Works Department, 1000 Throckmorton Street, 2nd floor of the Municipal Building, Fort Worth,
Texas 76102. The specifications applicable to each pay item are indicated in the call -out for the pay
item in the Proposal. If not shown, then applicable published specifications in any of these
documents may be followed at the discretion of the Contractor.
8. CONTRACT DOCUMENTS:
Bidders shall not separate, detach or remove any portion, segment or sheets from the contract t
documents at any time. Failure to bid or fully execute contract without retaining contract documents
intact may be grounds for designating bids as "non -responsive" and rejecting bids or voiding contract
as appropriate and as determined by the Director of the Transportation and Public Works Department.
9. MAINTENANCE STATEMENT:
The Contractor shall be responsible for defects in this project due to faulty materials and .�
workmanship, or both, for a period of two (2) vears from date of final acceptance of this project by
the City of Fort Worth and will be required to replace at his expense any part or all of the project
which becomes defective due to these causes. See Special Instructions to Bidders Item No. 14 for
further requirements.
SP-4
10. TRAFFIC CONTROL:
The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the
"Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for
providing traffic control during the construction of this project consistent with the provisions set forth
in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways"
issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways",
codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and
31.
A traffic control Dian shall be submitted for review to Mr. Charles R. Burkett, Citv Traffic
Engineer na,817-392-8712 at least 10 workinia days Drior to the Dreconstruction conference.
Although work will not begin until the traffic control Dlan has been reviewed, the Contractor's time
will begin in accordance with the time frame established in the Notice to the Contractor.
The Contractor shall 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, then the Contractor shall notify the Construction Engineer for approval to have
the sign removed. In the case of regulatory signs, the Contractor must replace the permanent sign
with a temporary sign meeting the requirements of the above referenced manual and such temporary
sign must be installed prior to the removal of the permanent sign. If the temporary sign is not
installed correctly or if it does not meet the required specifications, the permanent sign shall be left in
place until the temporary sign requirements are met. When construction work is completed to the
extent that the permanent sign can be re -installed, the Contractor shall again contact the Construction
Engineer to re -install the permanent sign and shall leave his temporary sign in place until such re-
installation is'completed.
The Contractor shall limit his work within one continuous lane of traffic at a time to minimize
interruption to the flow of traffic upon the approval of the City Engineer.
Work shall not be performed on certain locations/streets (primarily arterials) during "peak traffic
periods (7 a.m. to 9 a.m. and to 4 p.m. to 5 p,m.)' ; or, as determined by the City Traffic Engineer.
The contractor will be responsible for coordination, of proposed construction activities, with public
or private school administration. The proposed construction activities shall accommodate school
operating schedules, including school bus/parent drop off and pick up periods. The contractor shall
SP-5
provide proper traffic and pedestrian control to ensure safety at all times. Construction areas shall be
properly barricaded/fenced to prevent public entry.
11. PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION:
Prior to beginning construction on any street in this contract, the contractor shall, prepare and
deliver a notice/flyer of the pending construction to the front door of each residence or business
that will be impacted by construction.
The notice/flyer shall be posted three (3) working days prior to beginning construction activity
along each street. The flyer shall be prepared on the Contractor's letterhead and shall include the
following:
o Project name/Contract name
o Project number
o Expected dates of construction
o Contractors and project inspector's contact information
A sample notice/flyer is included in the contract documents. The Electronic version of the
notice/flyer can be obtained from the Office of the Transportation and Public Works Department
(817) 392-6748
It will be the contractor's responsibility to create and distribute a follow-uD notice/flyer informing
residents if for any reason work should stop on a project for more than five (5) working days after "
construction begins. The flyer should also include the anticipated date of when the work will
begin again. It will be the contractor's responsibility to re -distribute a three (3) working day _
notification/flyer prior to beginning the construction activity.
In addition, all copies of the notice/flyer shall be delivered to the City inspector for his review --
prior to distribution. The contractor will not be allowed to begin construction on any street until
the flyer is delivered to all residents of the street.
All work involved with the notice/flyer shall be considered subsidiary to the contract price and no
additional compensation shall be made.
12. PAYMENT:
SP-6
Payment will be made to the contractor twice a month for work completed during the pay periods
ending on the 15`hand the 30`h day of each month. Checks (less 5% retainage) will be sent to the
contractor within the two (2) week window following each payment period.
Payment of the retainage will be made with the final payment upon acceptance of the project. See
Special Instructions to Bidders Item No. 14 for further requirements.
13. DELAYS:
The Contractor shall receive no compensation for delays or hindrances to the work, except when
direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide
information or material, if any, which is to be furnished by the City. When such extra compensation
is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by
him found correct shall be approved and referred by him to the Council for final approval or
disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by
specific orders given by the Engineers to stop work, or by the performance of extra work, or by the
failure of the City to provide material or necessary instructions for carrying on the work, then such
w
delay will entitle the Contractor to an equivalent extension of time, his application for which shall,
however, be subject to the approval of the City and no such extension of time shall release the
Contractor or the surety on his performance bond from all his obligations hereunder which shall
remain in full force until the discharge of the contract.
14. DETOURS AND BARRICADES:
The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to
traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project
area. Contractor shall protect construction, as required by Engineer, by providing barricades.
Barricades, warning and detour signs shall conform to the Standard Specifications 'Barriers and
Warning and/or Detour Signs", Item 524, and/or as shown on the plans.
Construction signage and barricades shall conform to the latest edition of the "Texas Manual on
Uniform Traffic Control Devices, Vol. No. 1 ".
15. DISPOSAL OF SPOIL/FELL MATERIAL:
SP-7
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) and a flood plain permit issued. All disposal sites must be approved by the
Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood
plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be
evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or
by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with
obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's
expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit
or a letter from the Administrator approving the disposal site, upon notification by the Director of the
Department 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.
No temporary storage of material, rubble, equipment or vehicles within parkway is allowed. Damage
to sodded/landscaped areas shall be replaced at Contractor's expense to the satisfaction of City
Engineer.
16. ZONING REQUIIREMENTS:
During the construction of this project, the Contractor shall comply with present zoning
requirements of the City of Fort Worth in the use of vacant property for storage purposes.
17. PROPERTY ACCESS:
Access to adjacent property shall be maintained at all times unless otherwise directed by the
Engineer. _
18. CONSTRUCTION SCHEDULE:
Contractor shall be responsible for producing a project schedule at the pre -construction
conference. This schedule shall detail all phases of construction, special coordination with
schools (see Item No. 10 Traffic Control for details), including project clean up, and allow the
contractor to complete the work in the allotted time. Contractor will not move onto the job site
SP-8
nor will work begin until said schedule has been received and approval secured from the
Construction Engineer. However, contract time will start even if the project schedule has not been
turned in. Contract start date would be outlined in the pre- construction work order notice.
Proiect schedule will be updated and resubmitted at the end of every estimating period. All costs
involved with producing and maintaining the project schedule shall be considered subsidiary to
this contract.
19. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES:
The following procedures will be followed regarding the subject item on this contract:
(1) A warning sign not less than five inches by seven inches, painted yellow with black letters,
that are legible at twelve feet shall be placed inside and outside vehicles such as cranes,
derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus.
The warning sign shall read as follows:
"WARNING --UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF
HIGH VOLTAGE LINES."
(2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating
cage -type of guard about the boom or arm, except back hoes or dippers, and insulator links
on the lift hood connections.
(3) When necessary to work within six feet of high voltage electric lines, notification shall be
given to the power company (TXU Electric Delivery) which will erect temporary mechanical
barriers, de -energize the line, or raise or lower the line. The work done by the power
t=
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 Delivery and shall record
MW action taken in each case.
(4) The Contractor is required to make arrangements with TXU Electric Delivery for the
temporary relocation or raising of high voltage lines at the Contractor's sole cost and
expense.
(5) No person shall work within six feet of a high voltage line without protection having been
taken as outlined in Paragraph (3).
20. RIGHT TO AUDIT:
SP-9
N"
Contractor agrees that the City shall, until the expiration of three (3) years after final payment
under this contract is made by City, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of the Contractor involving transactions
relating to this contract. Contractor agrees that the City shall have access during normal working
hours to all necessary Contractor facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section.
Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under the subcontract, have access to and the right to examine any directly pertinent
books, documents, papers and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this article together with Article VI. City
shall give the subcontractor reasonable advance notice of intended audits.
Contractor and subcontractor agree to photocopy such documents as may be requested by City.
City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as
contained in the Texas Administrative Code at the time payment is made.
21. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS:
Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel
at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees
to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and
employees, from and against any and all claims or suits for property loss, property damage, _
personal injury, including death, arising out of, or alleged to arise out of, the work and services to
be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the
negligence or alleged negligence of the City, its officers, servants, or employees. Contractor
likewise covenants and agrees to indemnify and hold harmless the City from and against any and
all injuries to City's officers, servants and employees and any damage, loss or destruction to
property of the City arising from the performance of any of the terms and conditions of this
Contract, whether or not any such injury or damage is caused in whole or in part by the --
negligence or alleged negligence of the City, its officers, servants or employees.
In the event the City receives a written claim for damages against the Contractor or its
subcontractors prior to final payment, final payment shall not be made until Contractor either (a)
SP-10
submits to the City satisfactory evidence that the claim has been settled and/or a release from the
claimant involved, or (b) provides the City with a letter from Contractor's liability insurance
carrier that the claim has been referred to the insurance carrier.
The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public
work from a Contractor against whom a claim for damages is outstanding as a result of work
performed under a City Contract.
22. SUBSTITUTIONS:
The specifications for materials set out the minimum standard of quality that the City believes
necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor
has received written permission of the Engineer to make a substitution for the material that has
been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a
material, product, or piece of equipment bearing the name so used is furnished, it will be approved,
as the particular trade name was used for the purpose of establishing a standard of quality
acceptable to the City. If a product of any other name is proposed substitutes is procured by the
Contractor. Where the term "or equal', or "approved equal" is not used in the specifications, this
does not necessarily exclude alternative items or material or equipment which may accomplish the
intended purpose. However, the Contractor shall have the full responsibility of providing that the
proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be
the sole judge of the acceptability of substitutions. The provisions of the sub -section as related to
"substitutions" shall be applicable to all sections of these specifications.
23. WATER FOR CONSTRUCTION:
Water for construction will be furnished by the Contractor, at his own expense.
24. SANITARY FACILITIES FOR WORKERS:
The Contractor shall provide all necessary conveniences for the use of workers at the project site.
Specific attention is directed to this equipment.
25. MATERIAL STORAGE:
SP-11
Material shall not be stored on private property unless the Contractor has obtained written
permission from the property Owner. A copy of the written permit shall be provided to the
assigned inspector prior to utilization of the property.
26. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS:
The Contractor shall take adequate measures to protect all existing structures, improvements and
utilities, which may be encountered.
27. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC:
w
The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations
and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain
Construction". r-
28. CONSTRUCTION
The City of Fort Worth maintains a "CONFINED SPACE ENTRY PROGRAM" for its employees
and all contractors and their sub -contractors must comply with this program as a condition of the
contract. All active sewer manholes, regardless of depth, are defined, as "permit required confined
spaces". Contractors will be required to complete the "CONFINED SPACE ENTRY PERMIT" used
by the Fort Worth Water Department (Field Operations Division) for each entry and possess and use
the equipment necessary to comply with this program. The cost of complying with this program will
be considered subsidiary to the pay items involving work in confined spaces (e.g. vacuum testing,
cleaning, televising, construction, etc.).
29. OUALITY CONTROL TESTING:
(a) The contractor shall furnish, at its own expense, certifications by a private laboratory for all
materials proposed to be used on the project, including a mix design for any asphalt and/or
Portland cement concrete to be used and gradation analysis for sand and crushed stone to be -
used along with the name of the pit from which the material was taken. The contractor shall
provide manufacturer's certifications for all manufactured items to be used in the project and
will bear any expense related thereto.
SP-12
(b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine
days prior to the placing of concrete using the same aggregate, cement and mortar which are
to be used later in the concrete. The contractor shall provide a certified copy of the test
results to the City.
(c) Quality control testing of in situ material on this project will be performed by the City at its
own expense. Any retesting required as a result of failure of the material to meet project
specifications will be at the expense of the contractor and will be billed at commercial rates
as determined by the City. The failure of the City to make any tests of materials shall in no
way relieve the contractor of its responsibility to furnish materials and equipment
conforming to the requirements of the contract.
(d) Not less than 24 hours notice shall be provided to the City by the contractor for operations
requiring testing. The contractor shall provide access and trench safety system (if required)
for the site to be tested and any work effort involved is deemed to be included in the unit
price for the item being tested.
(e) The contractor shall provide a copy of the trip ticket for each load of fill material delivered to
the job site. The ticket shall specify the name of the pit supplying the fill material.
NON -PAY ITEM No. 1 - SPRINKLING FOR DUST CONTROL:
All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall
apply. However, no direct payment will be made for this item and it shall be considered
incidental to this contract.
NON -PAY ITEM NO.2 - PROTECTION OF TREES, PLANTS, SOIL, ETC.:
All property along and adjacent to the Contractor's operations including lawns, yards, irrigation
systems, shrubs, trees, etc. shall be preserved or restored after completion of the work to a
condition equal or better than existed prior to start of work.
By ordinance, the contractor must obtain a permit from the City Forester before any work
(trimming, removal or root pruning) can be done on trees or shrubs growing on public property
including street rights -of -way and designated alleys. This permit can be obtained by calling the
Urban Forestry Office at (817) 392-7933. All tree work shall be in compliance with pruning
standards for Class 11 Pruning as described by the National Arborist Association. A copy of these
standards can be provided by calling the above number. Any damage to public trees due to
SP-13
negligence by the Contractor shall be assessed using the currentormula for Shade Tree
Evaluation as defined by the International Society of Arboriculture. Payment for negligent
damage to public trees shall be made to the City of Fort Worth and may be withheld from funds
due to the Contractor by the City.
To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be
immediately sealed using a commercial pruning paint. This is the only instance when pruning
paint is recommended.
NON -PAY ITEM NO.3 — PROJECT CLEAN-UP:
During the construction of this project, all parkways that are excavated shall be shaped, and
backfilled at the same time the roadway is excavated. Excess excavation will be disposed of at rA
locations approved by the Engineer.
The Contractor shall be aware that keeping the project site in a neat and orderly condition is
considered an integral part of the contracted work and as such shall be considered subsidiary to
the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work
progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done
on a daily basis. Clean up work shall include, but not be limited to:
• Sweeping the street and parkways clean of dirt or debris
• Storing excess material in appropriate and organized manner
• Keeping trash of any kind off of the roadway and residents' property
If it has been determined that the jobsite has not been kept in an orderly condition, the next
estimate payment (and all subsequent payments until completed) of the appropriate bid item(s)
will be reduced by 25%.
At the discretion the Construction Engineer, the Contractor shall make a final cleanup of each
street as soon as the work has been completed. Failure to do so will be cause to stop the
contractor from starting work on other streets. Project time will not be suspended and a $200
charge per day will be made as liquidation damages.
The Contractor shall make a final cleanup of all streets before acceptance of the project is made. —.
This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and
other construction materials, and in general preparing the site of the work in an orderly manner
and appearance.
SP-14
NON -PAY ITEM NO.4 — AGREEMENT OF OUANTITIES
The work will be measured and all quantities per each pay period will be documented, a copy of
the measured quantities will be provided to the contractor. If the Contractor is in agreement of the
measured quantities, then the Contractor is required to sign it and return it with in ten (10)
` calendar days. If the Contractor is not in agreement, then the Contractor is required to, within
seven (7) calendar days, arrange a field trip with the assigned inspector to show proof of the
difference.
PAY ITEM NO. 1 — Proiect Designation SiEn:
The contractor shall construct and install two (2) Project Designation Signs and it will be the
responsibility of the contractor to maintain the signs in a presentable condition at all times on each
project under construction. Maintenance will include painting and repairs as directed by the
Engineer.
It will be the responsibility of the Contractor to have the individual project signs lettered and
painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on
the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be
in accordance with the enclosed detail. The sign shall be constructed of % inch fir plywood,
grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the
Engineer and in place at the project site upon commencement of construction.
The work, which includes the painting of the signs, installing and removing the signs, furnishing
the materials, supports and connections to the support and maintenance shall be to the satisfaction
of the Engineer.
,. The pre bid unit price per each will be full payment for materials including all labor, equipment,
tools and incidentals necessary to complete the work.
PAY ITEM NO.2 — Sprinkler Heads Adiustments:
This item is included for the basic purpose of establishing a contract price which will be comparable
to the final cost of making necessary adjustments required due to parkway improvements to sprinkler
heads and appurtenances where such service lines and appurtenances are the property owner's
responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does
SP-15
not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the
amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a
licensed plumber to make the sprinkler heads adjustments determined necessary by the Engineer. No
payment will be made for sprinkler heads adjustments except those adjustments determined
necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where
such lines would not have required adjustment or repair otherwise, the lines shall be repaired and
adjusted by the Contractor at the Contractor's expense.
Contractor shall immediately cap the broken sprinkler system lines, and must notify the inspector
prior to replacements.
The payment to the Contractor sprinkler heads adjustments shall be the actual cost of the adjustments
plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling
the sprinkler heads adjustments.
PAY ITEM NO.3 — Remove Existing Concrete Flat Work:
This item shall include the removal of existing concrete flat work (sidewalk, wheelchair ramps,
driveways, and curb and gutter) as designated by the Construction Engineer with same day haul -off
of the removed material to a suitable dumpsite. Contractor shall saw -cut all removed flat work,
and/or pavement prior to removal.
For specifications governing this item, see City Standard Specifications, Item No. 104 "Removing !
Old Concrete"
The unit price bid per square foot shall be full compensation for all materials, labor, equipment and
incidentals necessary to complete the work.
PAY ITEM No. 4 — Remove Existing 6-inch Reinforced Concrete Pavement:
This item shall include the removal of existing 6-inch reinforced concrete pavement as maybe
necessary to aid in the construction of standard wheelchair ramp with same day haul -off of the
removed material to a suitable dumpsite that approved by the Engineer.
For specifications governing this item, see City Standard Specifications Item No. 104 "Removing
Old Concrete".
SP-16
a.
The unit price bid per square foot will be full compensation for all labor, materials, equipment, tools,
and incidentals necessary to complete the work.
PAY ITEM No. 5 — Remove Existing 6-inch HMAC Pavement:
This item shall include the removal of existing 6-inch HMAC pavement as maybe necessary to aid
in the construction of standard wheelchair ramp with same day haul -off of the removed material to
a suitable dumpsite that approved by the Engineer. This pay item shall not include the removal of 9-
inch out from the gutter lip into the street to aid in the construction of the driveway, wheelchair
ramps, and curb and gutter.
For specifications governing this item, see City Standard Specifications Item No. 106,
"Unclassified Street Excavation".
The unit price bid per square foot will be full compensation for all labor, materials, equipment, tools,
and incidentals necessary to complete the work.
PAY ITEM NO.6 — Install Standard Concrete Curb & Gutter:
This item shall include the construction of new standard concrete curb and gutter with same day
haul -off of the removed material to a suitable dumpsite.
For specifications governing this item, see City Standard Specifications item No. 502 "Concrete Curb
and Gutter", and Drawing Nos. S-S2 through S-SSB. Pay limits for laydown curb and gutter are as
shown in Drawing No. S-S5 of the Standard Specifications. Contractor shall sawcut the curb and
gutter and/or pavement prior to removal.
The concrete shall be designed to achieve a minimum compressive strength of 3,000 pounds per
square inch in forty eight (48) days.
Included, and figured subsidiary to this unit price, will be the required sawcut excavation, as per
specification Item No. 106 "Unclassified Street Excavation", into the street pavement to aid in the
construction of the curb and gutter. The pay limit will be 9-inch out from the gutter lip. The street
void shall be filled with H.M.A.C. Type "D" mix (PG 64-22) in accordance with all applicable
provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways,
Streets, and Bridges" Item Nos. 300 "Asphalts, Oils, and Emulsions", 310 "Prime Coat" (referenced),
SP-17
and 340 "Dense -Graded Hot -Mix Asphalt (Method)" (referenced) and compacted to standard
densities.
Contractor shall backfill behind the curb within seven (7) calendar days of pouring the curb and
gutter, if the contractor fails to complete the work within seven (7) calendar days, a $100 dollar
liquidated damage will be assessed per block per day. Required backfilling shall be at finishing
grade and shall be completed in order for the curb and gutter to be accepted and measured as
completed; cost of back filling, top soil, and grading shall be included in this pay item.
Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged
during construction, shall be replaced with same or better at no cost to the City. "
The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and R
incidentals necessary to complete the work.
PAY -ITEM NO. 7 — Install Standard 4-Inch ADA Wheelchair Ramp: (with detectable
warninL Dome -Tile surface):
This item shall include the construction of Standard 4-inch ADA wheelchair ramp that includes a
detectable warning Dome -Tile surface at various locations.
For specifications governing this item, see enclosed sidewalk details, and City Standard
Specifications Item No. 104 "Removing Old Concrete", and Item 504 "Concrete Sidewalk
Driveways", except as herein modified.
All concrete shall be designed to achieve a minimum compressive strength of 3,000 pounds per
square inch in forty eight (48) days.
Pay limits for "Standard Wheelchair Ramp" will start from the back of curb and encompass the
remainder of the ramp and sidewalk.
Contractor shall furnish and install brick red color pre -cast detectable warning Dome -Tile,
manufactured by StrongGo Industries or approved equal by the construction Engineer. Detectable
warning surface shall be a minimum of 24-inch in depth in the direction of pedestrian travel, and
extend to a minimum of 48-inch along the curb ramp or landing where the pedestrian access route
enters the street, and shall be located so that the edge nearest the curb line is a minimum of 6-inch
and a maximum of 8-inch from the extension of the face of curb. Detectable warning Dome -Tile
SP-18
surface maybe curved along the corner radius. The method of Dome -Tile installation shall be in
accordance with the manufactures instruction.
Cost of detectable warning Dome -Tile and installation, shall be included in this pay item.
Contractor shall provide a brick red colored Dome -Tile sample for approval by the Engineer,
meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the
acceptable standard to be applied for all construction covered in the scope of this pay item.
Included, and figured subsidiary to this unit price, will be the required sawcut excavation, as per
specification Item No. 106 "Unclassified Street Excavation", into the street to aid in the construction
of the wheelchair ramp. The pay limit will be 9-inch out from the gutter lip. The street void shall be
filled with H.M.A.C. Type "D" mix (PG 64-22) in accordance with all applicable provisions of
TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and
Bridges" Item Nos. 300 "Asphalts, Oils, and Emulsions", 310 "Prime Coat" (referenced), and 340
"Dense -Graded Hot -Mix Asphalt (Method)" (referenced) and compacted to standard densities.
The Contractor shall backfill behind the wheelchair ramps within seven (7) calendar days of
pouring the wheelchair ramp, if the contractor fails to complete the work within seven (7) calendar
days, a $100 dollar liquidated damage will be assessed per block per day. Required backfilling shall
be at finishing grade, cost of back filling and grading behind curb shall be included in this pay
item.
Existing improvements within the parkway such as water meters, sprinkler system, etc., if
damaged during construction, shall be replaced with same or better at no cost to the City.
Required backfilling at finishing grade behind the ramp shall be completed in order for the
wheelchair ramp to be accepted and measured as completed.
The unit price bid per square feet, as shown on the proposal, will be full compensation for materials,
labor, equipment, tools and incidentals necessary to complete the work.
PAY -ITEM NO. S — Install Standard 4-Inch Concrete Sidewalk:
This pay item shall include the construction of new standard concrete sidewalk, as designated by the
Construction Engineer.
SP-19
For specifications governing this item, see City Standard Specification Item No. 504 "Concrete
Sidewalk and Driveways".
All concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per
square inch in forty eight (48) days.
Included, and figured subsidiary to this unit price, will. be the . required excavation, as per
specification Item No. 106 "Unclassified Excavation" to aid in the construction of the sidewalk.
Contractor shall backfill around the sidewalk within seven (7) calendar days of pouring the
sidewalk, if the contractor fails to complete the work within seven (7) calendar days, a $100 dollar
liquidated damage will be assessed per block per day. Required backfilling shall be at finishing
grade and shall be completed in order for the sidewalk to be accepted and measured as completed,
cost of back filling, and grading shall be included in these pay items
Existing improvements within the parkway such as water meters, sprinkler system, etc., if
damaged during construction, shall be replaced with same or better at no cost to the City.
The unit price bid per square feet shall be full compensation for all labor, material, equipment,
supplies, and incidentals necessary to complete the replacement work.
PAY ITEM No. 9 — Install 7-Inch Reinforced Concrete Pavement:
For specifications governing this pay item, see City Standard City Specifications, Item No. 314
"Concrete Pavement", City of Fort Worth Transportation & Public Works Department -- Pavement
Design Standard Manual, and Item No. 360 "Concrete Pavement" (enclosed) shall apply. The _
contractor shall use (6) sack concrete mix for all hand placement in the intersections.
The unit price bid per square feet will be full compensation for all labor, materials, equipment, tools,
and incidentals necessary to complete the work.
PAY -ITEM NO.10 — 2:27 Concrete for base repair (1500 psi):
This pay item shall be used for base repair. Since this call -out includes the word "concrete", the
consistent interpretation of the Transportation and Public Works Department is that this ratio
specifies two (2) sacks of cement per cubic yard of concrete.
SP-20
@O,
The unit price bid per cubic yard will be full compensation for all labor, materials, equipment, tools,
and incidentals necessary to complete the work.
PAY -ITEM NO. 11 — Install 2-Inch HMAC Surface Course Tvpe "D" Mix:
All applicable provisions of TxDOTs "Standard Specifications for Construction and Maintenance of
.o Highways, Streets, and Bridges" Item Nos. 300 "Asphalts, Oils, and Emulsions" (referenced), 310
"Prime Coat" (referenced), and 340 "Dense --Graded Hot -Mix Asphalt (Method)" (referenced) shall
govern work of pay items No. 29 & 3 0.
The following amendments to the above TxDOT's specifications shall govern, take precedence
and shall include:
Item No. 340 "Dense --Graded Hot -Mix Asphalt (Method)" (referenced):
• Under Item 340.2, Materials, A. Aggregates:
The surface aggregate classification (SAC) shall be Class B.
.4 The Contractor shall perform the Los Angeles abrasion, magnesium sulfate soundness,
Micro-Deval and all other aggregate quality tests listed in Table 1.
2. RAP will not be allowed, for use, in surface course Type "D" mix.
• Under Item 340.2. Materials, D. Asphalt Binder:
Furnish performance -graded PG 64-22 for H.M.A.C. surface course, level up and
a. pavement/base repair or replacement.
• Under Item 340.4, Construction,
J The City of Fort Worth, Texas will perform quality assurance tests and checks on the
paving project materials during construction, to ensure compliance with the specifications
and approved mixture design.
The sampling and testing of the materials shall be made at the expense of the City. In the
event the sampling and testing does not comply with the specifications, all subsequent
testing of the material, in order to determine if the material is acceptable, shall be furnished
and paid by the contractor, as directed by the Engineer.
SP-21
Samples will be taken for determination of asphalt content, aggregate gradation, and
maximum theoretical specific gravity as determined by the Engineer.
For each hot mix asphalt surface course placed, nuclear gauge in -place density testing
will be performed at each 300-ft station.
For each hot mix asphalt surface course placed, cores will be obtained to determine in -
place density and thickness. The cores will be taken at the maximum interval of 300-ft
(to coincide with field density locations).
• Under Item 340.4, Construction. A. Mixture Desian:
The contractor shall furnish mixture design of the proposed hot mix asphalt, at or before the
pre -construction meeting. The Contractor shall submit to the Engineer a mixture design
prepared by an AASHTO accredited laboratory, for the materials to be used in the
project. Using the typical weight design example in Tex-204-F, Part I, the mixture
design shall meet the requirements contained in Tables I through Table 5 of Item 340.
The Indirect Tensile -Dry (Tex-226-F) and the Hamburg Wheel -tracking (Tex-242-F)
tests shall be waived.
The mixture design report must be certified and signed by a Level II Specialist and
submitted on TxDOT's software forms.
The Engineer may verify the mixture design at optimum asphalt content.
• Under Item 340.4. Construction, B. Job -Mix Formula AnDroval:
The Contractor will perform the Boil Test (Tex-530-C).
• Under Item 340.4, Construction, J. Ride Quality:
The Ride Quality Surface Type A test (10-foot straight edge) shall be measured.
• Under Item 340.5 Measurement:
Hot mix will be measured by the square yard of the composite hot mix, which includes _
asphalt, aggregate and additives.
■ Under Item 340.6 Pavment:
The work performed and materials furnished in accordance with this Item and measured as provided
under "Measurement", will be paid for at the unit price bid per square feet, for "Dense -Graded Hot
Mix Asphalt (Method)".
SP-22
PAY ITEM NO. 12 — Top Soil:
The proposed quantities shown are calculated to provide topsoil (2 to 4 inches in depth compacted)
over the parkway areas that are not included in the required flat work backfill. This pay item is
y intended to pay for topsoil that must be imported where suitable material is either not available on
the job or cannot reasonably be stored on -site.
For specifications governing this item, see City Standard Specifications Item No, 116 "Top Soil".
The unit price bid per cubic yard will be full compensation for all labor, materials, equipment, tools,
and incidentals necessary to complete the work.
wo PAY ITEM NO. 13 — Water Meter Box Adiustment:
This item only applies to the Water Meter Boxes that marked for adjustment by the Construction
Engineer, and the contractor shall not adjust any water meter box without the approval of the
Construction engineer. The adjustment shall include raising or lowering the existing water meter box
to the proper grade.
The unit price bid per each, as shown on the proposal, will be full compensation for materials, labor,
equipment, tools and incidentals necessary to complete the work.
PAY ITEM NO. 14 — Grass Sod Replacement:
.. This pay item shall consist of the replacements of a like grass sod that was removed under this
contract due to the removal and replacement of driveways, wheelchair ramps, and curb and gutters as
determined by the Engineer. All materials shall be of recent production, and suitable for their
intended purpose.
Sod Products Specifications:
■ Sod shall consist of live and growing grass.
■ Grass shall have a healthy, virile root system of dense, thickly matted roots throughout and
approximately one- (1) inch minimum thickness of native soil attached to the roots.
■ Sod will be free from obnoxious weeds or other grasses and be free from any deleterious matter
that might hinder the growth of the grass.
■ Sod material must be kept moist from the time it is dug until planted.
SP-23
Sod Installation Snecifications:
• The area to be sodded shall be determined by the City.
■ The sodded area shall be smoothed down.
• The sodded area shall be thoroughly watered immediately after it is planted.
The unit price bid per square yard will be full compensation for all labor, material, tools, and
incidentals necessary to complete the work.
The unit price bid per each will be full compensation for all labor, material, tools, and incidentals
necessary to complete the work.
END OF SECTION
SP-24
J
NOTE: THIS SPECIFICATION HAS BEEN MODIFIED TO DELETE NON -
APPLICABLE ITEMS FOR USE AS A GUIDE SPECIFICATION FOR CITY STREETS.
Item 360
CONCRETE PAVEMENT
300.1. Description. Construct Portland cement concrete pavement with or without
curbs on the concrete pavement.
300.2. Materials.
A. Portland Cement Concrete. Provide Portland cement concrete to meet a minimum
compressive strength of 3,0d0 psi at 28 days; unless shown otherwise in the contract
documents.
Use Class A concrete for curbs that are placed separately from the pavement.
Provide concrete that is workable and cohesive, possesses satisfactory finishing
qualities, and conforms to the mix design and mix design slump.
B. Reinforcing Steel. Provide Grade 60 deformed steel for bar reinforcement. Provide
approved positioning and supporting devices (baskets and chairs) capable of
securing and holding the reinforcing steel in proper position before and during
paving. Provide corrosion protection when shown on the plans.
1. Dowels. Provide Grade 60 smooth, straight dowels of the size shown on the
plans, free of burrs or deformations. Coat dowels with a thin film of grease or
other approved de -bonding material. Provide dowel caps on the lubricated end of
each dowel bar used in an expansion joint. Provide dowel caps filled with a soft
compressible material with. enough range of movement to allow complete closure
of the expansion joint.
2. Tie 13ars. Provide straight deformed steel tie bars. Provide either'multiple-piece
tie bars or single -piece tie bars as shown on the plans: Provide multiple -piece tie
bars composed of 2 pieces of deformed reinforcing steel with a coupling capable
of developing a minimum tensile strength of 126% of the design yield strength of
the deformed steel when tensile -tested tnT the assembled configuration. Provide a
minimum length of 33 diameters of the deformed steel in each piece.
C. Curing'Materials. Provide Type 2 membrane curing compound conforming to
DMS-4650, `Portland Cement Concrete Curing Materials and Evaporation
Retardants."
D. Epoxy. Provide Type III epoxy in accordance with DMS-6100, "Epoxies and
Adhesives," for installing all drilled -in reinforcing steel.
E. Evaporation. Retardant. Provide evaporation retardant conforming to DMS-4650,
"Portland Cement Concrete Curing Materials and Evaporation Retardants!
F. Joint Sealants and Fillers. Provide Class 5 or Class 8 joint -sealant materials and
fillers unless otherwise shown on the plans or approved and other sealant materials
of the size, shape, and type shown on the plans in accordance with DMS-6310,
"Joint Sealants and Fillers."
300.3. Equipment. Furnish and maintain all equipment in good working condition. Use
measuring, mixing, and delivery equipment conforming to the requirements of Item 421,
"Portland Cement Concrete." Obtain approval for other equipment used.
C P- �
A. Placing, Consolidating, and Finishing Equipment. Provide approved self-
propelled paving equipment that uniformly distributes the concrete with minimal �.
segregation and provides a smooth machine -finished consolidated concrete
pavement conforming to plan line and grade. Provide an approved automatic grade
control system on slip -forming equipment. Provide approved mechanically operated
finishing floats capable of producing a uniformly smooth pavement surface. Provide
equipment capable of providing a fine, light water fog mist.
Provide mechanically operated vibratory equipment capable of adequately
consolidating the concrete. Provide immersion vibrators on the paving equipment at
sufficiently close intervals to provide uniform vibration and consolidation of the
concrete over the entire width and depth of the pavement and in accordance with the
manufacturer's recommendations. Provide immersion vibrator units that operate at a -
frequency in air of at least 8,000 cycles per minute. Provide enough hand -operated
immersion vibrators for timely and proper consolidation of the concrete along forms,
at joints and in areas not covered by other vibratory equipment. Surface vibrators -
may be used to supplement equipment -mounted immersion vibrators. Provide
tachometers to verify the proper operation of all vibrators.
For small or irregular areas or when approved, the paving equipment described in this Section is not required.
B. Forming Equipment.
1. Pavement Forms. Provide metal or wood side forms of sufficient cross-section,
strength, and rigidity to support the paving equipment and resist the impact and
vibration of the operation without visible springing or settlement. Use forms that
are free from detrimental kinks, bends, or warps that could affect ride quality or
alignment. Provide flexible or curved metal or wood forms for curves of 100-ft.
radius or less.
.2. Curb Forms. Provide curb forms for separately placed curbs that are not
slipformed that conform to the requirements of Item 529, Concrete Curb, Gutter,
and Combined Curb and Gutter."
C. Reinforcing Steel Inserting Equipment. Provide inserting equipment that
accurately inserts and positions reinforcing steel in the plastic concrete parallel to the
profile grade and horizontal alignment in accordance to plan details. u
D. Texturing Equipment.
1. Carpet Drag. Provide a carpet drag mounted on a work bridge or a moveable
support system. Provide a single piece of carpet of sufficient transverse length to t
span the full width of the pavement being placed and adjustable so that a
sufficient longitudinal length of carpet is in contact with the concrete being placed
to produce the desired texture. Obtain approval to vary the length and' width of _
the carpet to accommodate specific applications. Use an artificial grass -type
carpet having a molded polyethylene pile face with a blade length of 518 in. to
1 in:, a minimum weight of 70 oz. per square yard, and a strong, durable, rot -
resistant backing material bonded to the facing.
2. Tining Equipment. Provide a self-propelled transverse metal tine device
equipped with 4-in. to 6-in. steel tines and with cross-section approximately
1132 in. thick by 1/12 in. wide, spaced at 1 in., center -to -center. Hand -operated
fining equipment that produces an equivalent texture may be used only on small
or irregularly shaped areas or, when permitted, in emergencies due to equipment
breakdown.
C ?- 2
E. Curing Equipment. Provide a self-propelled machine for applying, membrane curing
compound using mechanically pressurized spraying equipment with atomizing
nozzles. Provide equipment and controls that maintain the required uniform rate of
application over the entire paving area. Provide curing equipment that is independent
of all other equipment when production rates are such that the first application of
membrane curing compound canndt be accomplished immediately after texturing
and after free moisture has disappeared. Hand -operated pressurized spraying
equipment with atomizing nozzles may only be used on small or irregular areas or,
when permitted, in emergencies due to equipment breakdown.
F. Sawing Equipment. Provide power -driven concrete saws to saw the joints shown on
the plans. Provide standby power -driven concrete saws during concrete sawing
operations. Provide adequate illumination for nighttime sawing.
G. Grinding Equipment. When required, provide self-propelled powered grinding
equipment that is specifically designed to smooth and texture concrete pavement
using circular diamond blades. Provide equipment with automatic grade control
capable of grinding at least a 3-ft. width longitudinally in each pass without damaging
the concrete.
300.4. Construction. Obtain approval for adjustments to plan grade -line to maintain
thickness over minor subgrade or base high spots while maintaining clearances and
drainage. Maintain subgrade or base in a smooth, clean, compacted condition in
conformity•with the required section and established grade until the pavement concrete
is'placed. Keep subgrade or base damp with water sufficiently in advance of placing
pavement concrete. Adequately light the active work areas for all nighttime operations, if
required.
A. Reinforcing Steel and Joint Assemblies. Accurately place and secure in'position
all reinforcing steel as shown on the plans. Place dowels at mid -depth of the
pavement slab, parallel to the surface. Place dowels for transverse contraction joints
parallel to the pavement edge. Tolerances for location and alignment of dowels will
be shown on the plans. Stagger the longitudinal reinforcement splices to avoid
having more than 1/3 of the splices within a 2-ft. longitudinal length of each lane of
the pavement Use multiple -piece fie bars or drill and epoxy grout tie bars at
longitudinal construction joints.
1. Manual Placement. Secure reinforcing bars at alternate intersections with wire
ties or locking support chairs. Tie all splices with wire.
2.. Mechanical PlacemenC If mechanical placement of reinforcement results in
steel misalignment or improper location, poor concrete consolidation, or other
inadequacies, complete the work using manual methods.
B. Joints. Install joints as shown on the plans. Clean and seal joints in accordance with
Item 438, Cleaning and Sealing Joints and Cracks (Rigid Pavement and Bridge
Decks).' Repair excessive spalling of the joint saw groove using an approved
method before installing the sealant. Seal all joints before opening the pavement to
all traffic. When placing of concrete is stopped, install a rigid transverse bulkhead,
accurately notched for the reinforcing steel and shaped accurately to the cross-
section of the pavement
1. Placing Reinforcement at Joints. Where the plans require an assembly of parts
at pavement joints, complete and place the assembly at the required location and
elevation with all parts rigidly secured in the required position. Accurately notch
joint materials for the reinforcing steel.
CP_g
2. Curb Joints. Provide joints in the curb of the same type and location as the
adjacent pavement. Use expansion joint material of the same thickness, type,
and quality required for the pavement and of the section shown for the curb.- _
Extend expansion joints through the curb. Construct curb joints at all transverse
pavement joints. For.non-monolithic curbs, place reinforcing steel into the plastic
concrete pavement as shown on the plans unless otherwise approved. Form or _
saw the weakened plane joint across the full width of concrete pavement and
t through the monolithic curbs.
C. Placing abd Removing Forms. Use clean and oiled forms. Secure forms on a base
or firm subgrade that is accurately graded and that provides stable support without
deflection and movement by form riding equipment. Pin every form at least at the
middle and near each end. Tightly join and key form sections together to prevent
relative displacement.
Set side forms far enough in advance of concrete placement to permit inspection.
Check conformity of the grade, alignment, and stability of forms immediately before
placing concrete, and make all necessary corrections. Use a straightedge or other
approved method to test the top of forms to ensure that the ride quality requirements
for the completed pavement will be met. Stop paving operations if forms settle or
deflect more than 1/8 in. under finishing operations. Reset forms to line and grade,
and refinish the concrete surface to'correct grade.
Avoid damage to the edge of the pavement when removing forms. Repair damage
resulting from form removal and honeycombed areas with a mortar mix within 24 hr.
after form removal unless otherwise approved. Clean joint face and repair
honeycombed or damaged areas within 24 hr. after a bulkhead for a transverse
construction joint has been removed unless otherwise approved. When forms are
removed before 72 hr. after concrete placement, promptly apply membrane curing
compound to the edge of the concrete pavement.
Forms that are not the same depth as the pavement but are within 2 in. of that depth
are permitted if the subbase is trenched or the full width and length of the form base
is supported with a firm material to produce the required pavement thickness.
Promptly repair the form trench after use. Use flexible or curved woad or metal forms
for curves of 100-ft. radius or less.
D. Concrete Delivery. Clean delivery equipment as necessary to prevent accumulation
of bid concrete before loading fresh concrete. Use agitated delivery equipment for -
concrete designed to have a slump of more than 5 in. Segregated concrete is subject
to rejection. Place agitated concrete within 60*min. after batching. Place non -agitated
concrete within 45 min. after batching. In hot weather or under conditions causing
quick setting of the concrete, times may be reduced by the Engineer. -rime ]imitations
may be extended if the Contractor can demonstrate that the concrete can be
properly placed, consolidated, and finished without the use of additional water. E. Concrete Placement. Do not allow the pavement edge to deviate from the
established paving line by more than 1/2 in. at any point. Place the concrete as npar
as possible to its final location, and minimize segregation and rehandling. Where -
hand spreading is necessary, distribute concrete using shovels. Do not use rakes or
Vibrators to distribute concrete.
1. Pavement. Consolidate all concrete by approved mechanical vibrators operated
on the front of the paving equipment. Use immersion -type vibrators that
simultaneously consolidate the full width of the placement when machine .
finishing. Keep vibrators from dislodging reinforcement. Use hand -operated
vibrators to consolidate concrete in areas not accessible to the machine -mounted
vibrators. Do not operate machine -mounted vibrators while the paving equipment
is stationary.
2. Temperature Restrictions. Place concrete that is between 40'F and 95°F at the
time of discharge, except that concrete may be used if it was already in transit
when the temperature was found to exceed the allowable maximum. Take
immediate corrective action or cease concrete production when the concrete
temperature exceeds 95°F.
Do not place concrete when the ambient temperature in the shade is below 40°F
and falling unless approved. Concrete may be placed when the ambient
temperature in the shade is above 35°F and rising or above 40°F. When
temperatures warrant protection against freezing, protect the pavement with an
approved insulating material capable of protecting the concrete for the specified
curing period. Submit for approval proposed measures to protect the concrete'
from anticipated freezing weather for the first 72 hr. after placement. Repair or
replace all concrete damaged by freezing.
F. Spreading and Finishing. Finish all concrete pavement with approved self-
propelled equipment. Use power -driven spreaders, power -driven vibrators, power -
driven strike -off, and screed, or•approved alternate equipment. Use the transverse
finishing equipment to compact and strike off the concrete to the required section
and grade without surface voids. Use float equipment for final finishing. Use concrete
with a consistency that allows completion of all finishing operations without addition
of water to the surface. Use the minimal amount of water fog mist necessary to
maintain a moist surface. Reduce fogging if float or straightedge operations result in
excess slurry.
1. Finished Surface. Perform sufficient checks with long -handled 10-ft. and 15-ft.
straightedges on the plastic concrete to ensure that the final surface is'Within the
tolerances specified in the contract documents. Check with the straightedge
parallel to the centerline.
2. Maintenanco of Surface Moisture. Prevent surface drying of the pavement
before application of the curing system. Accomplish this by fog applications of
evaporation retardant on the pavement surface. Apply evaporation retardant at .
the rate recommended by the manufacturer. Reapply the evaporation retardant
as needed to maintain the concrete surface in a moist condition until curing
system is applied. Do not use evaporation retardant as a finishing aid.
. a
3. Surface Texturing. Perform'surface texturing using a combination of a carpet
drag and metal tining, if required by the contract documents. Complete final
texturing before the concrete has attained its initial set. Draw the carpet drag
longitudinally along the pavement surface with the carpet contact surface area
adjusted to provide a satisfactory coarsely textured surface.
operate the metal -tine device to obtain grooves spaced at 1 in., approximately
3/16 in. deep, with a minimum depth of 1/8 in., and approximately 1/12 in. wide.
Do not overlap a previously tined area. Use manual methods for achieving similar
results on ramps and other irregular sections of pavements. Repair damage to
the edge of the slab and joints immediately after texturing. Do not tine pavement
that will be overlaid..
4. Small or irregular Placements. Where machine placements and finishing of
concrete pavement are not practical, use hand equipment and procedures that
produce a consolidated and finished pavement section to the line and grade.
C P-�
5. Emergency Procures. Use hand -operated equipment for applying texture,
evaporation retardant and cure in the event of equipment breakdown.
G. wring. Keep the concrete pavement surface from drying by water fogging until the
curing material has been applied. Maintain and promptly repair damage to curing
materials on exposed surfaces of concrete pavement continuously for at least 3
curing days. A curing day is defirtei as a 24-hr. period when either the tempermture
taken in the shade away from artificial heat is above 50°l= for at least 19 hr. or when _
the Surface temperature of the concrdla is maintained above 40T for 24 hr. Curing
begins when the c oricrmte curing system has been applied. Stop concrete paving if
curing compound is not Ding applied promptly and maintained adequately. bfher
methods of curing in accordance with Item 420, `concrete Structures,' may be used
when specified or approved.
1. Membrane wring. After texturing and immediately after the free surface
moisture has disappeared, spray the concrete surface uniformly with 2 coats of
membrane curing compound at an indWiduai application rate of not more than
180 sq. ft. per gallon. Apply ftae fast coat within 10 min. after completing texturing
operations. Apply the second coat within 30 min. after completing texturing
operations.
Before and during application, maintain curing compounds in a uniformly agitated
condition, free of settlement. Do not thin or dilute the curing compound.
Where the coating shows diswntinuities or other defects or if rain falls on the
newly coated surface before the film has dried enough tQ resift damage, apply -
additional compound at the same rate of coverage to correct the damage. Ensure
that the curing compound coats the sides of the fining grooves.
H. Sawing Joints. Sawloints to the depth shown on the plans as soon as sawing can
be accomprmhed without damage to the pavement regardless of time of day or
weather conditions. Some minor raveling of the saw cut is acceptable. Use a3 chalk
line, string fine, sawing template, or other approved method to provide a true joint
alignmeaat. Provide enough saws to match the paving production rate to erasure
sawing completion at the earliest possible time to avoid uncontrolled cracking.
Reduce paving production if necessary to ensure timely sawing of joints. Pmmpdy
restore membrane cure damaged within the first 72 hr. of curing.
1. Protection of Pavement and Opening to Traffic. Testing for early opening is the
responsibility of the Contractor regardless of job -control testing responsibilities
unless otherwise shown in the plans or directed. Testing result interpretation for
opening to traffic is subject to the approval of the Engineer.
1. Proiactivn of Pavement Erect and maintain barricades and other stEindard and
approved devices that will exclude all vehicles and equipment from the newly
placed pavement for the periods specified. Before opening to traffic, protect the
pavement from damage due to crossings using approved methods_ Maintain an
adequate supply of sheeting or other material to cover and protect fresh concrete
eurface from weather damage. Apply as needed to protect the pavement surface
from weather.
2. Opening Pavement to Traffic. Before opening to traf9c, clean pavement, place
stable material against the pavement edges, seal joints, and perform all ether
traffic safety related work.
C P-6
wo
Page I of 3
General Decision Number: TX080044 07/24/2009 TX44
wo Superseded General Decision Number: TX20070046
State: Texas
'W Construction Type: Heavy
Counties: Johnson, Parker and Tarrant Counties in Texas.
r
Heavy Construction Projects (Including Water and Sewer Lines)
Modification Number Publication Date
0 02/08/2008
1 05/09/2008
2 07/25/2008
3 07/24/2009
* PLUM0146-002 05/01/2009
Rates Fringes
PLUMBER/PIPEFITTER...............$ 25.56 6.96
----------------------------------------------------------------
* SUTX1990-041 06/01/1990
Rates
Fringes
CARPENTER ........................$
10.40
$3.64
Concrete Finisher ................$
9.81
ELECTRICIAN ......................$
13.26
Form Setter ......................$
7.86
Laborers:
Common ......................$
7.25
Utility .....................$
8.09
PAINTER ..........................$
10.89
Pipelayer ........................$
8.43
Power equipment operators:
Backhoe.....................$
11.89
3.30
Bulldozer ...................$
10.76
Crane .......................$
13.16
3.30
Front End Loader ............
$ 10.54
Mechanic ....................$
10.93
Scraper .....................$
10.00
Reinforcing Steel Setter .........
$ 10.64
�. TRUCK DRIVER .....................$
----------------------------------------------------------.------
7.34
WELDERS - Receive rate prescribed for craft performing
WO operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Unlisted classifications needed for work not included within
40 the scope of the classifications listed may be added after
fileWCADOCUME-1 \johnsos\LOCALS—I \Temp\N4A412PL.htm l 0/7/2009
4 a
Page 2 of 3
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 identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
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.
file://C:\DOCUME-1 \johnsos\LOCALS-1 \Temp\N4A412PL.htrn 10/7/2009
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
rRy
efy
i
1
■ 1
i
Page 3 of 3
L i file://C:\DOCUME—I\johnsos\LOCALS-1\Temp\MA412PL.htm 10/7/2009
VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of
contracts to non-resident bidders. This law provides that, in order to be awarded a
contract as low bidder, non-resident bidders (out-of-state contractors whose corporate
offices or principal place of business are outside of the State of Texas) bid projects for
construction, improvements, supplies or services in Texas at an amount lower than the
lowest Texas resident bidder by the same amount that a Texas resident bidder would be
required too underbid a non-resident bidder in order to obtain a comparable contract in
the State in which the non-resident's principal place of business is located. The
appropriate blanks in Section A must be filled out by all out-of-state or non-resident
bidders in order for your bid to meet specifications. The failure of out-of-state or non-
resident contractors to do so will automatically disqualify that bidder. Resident bidders
must check the box in Section B.
A. Non-resident vendors in (give State), our principal place of
business, are required to be percent lower than resident bidders
by State law. A copy of the Statute is attached.
Non-resident vendors in (give State), our principal
place of business, are not required to underbid resident bidders.
B. Our pr* C' al place of business or corporate offices are in the State of Texas.
Bidder:
Company
)--)d(v J k- S+
Address
City State Zip
S'1 I v-c S+r e_, N "Or no n:2t L
By: (Please print)
Signature
Own>lf-
Title (Please print)
THIS FORM MUST BE RETURNED WITH YOUR OUOTATION
7
t
s
so
WA
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 Wheelchair Ramps Infrastructure Project CDBG
Contract 2009-2 at Various Locations.
CONTRACTOR:
By:
Name:
Title: IS 1 i
Date:
STATE OF TEXAS §
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
S_�n
known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act and deed of
for the purposes and consideration therein expressed and in the capacity therein stated.
rl
Given Under My Hand and Seal of Office this d' 1 day of , 20 01
LINDS YA GRAY
Notary Public Notary P c i Sta of
STATE OF TEXAS Texas
My Comm. W. ON&2010
CERTIFICATE OF INSURANCE
TO: CITY OF FORT WORTH, TEXAS
Date:
NAME OF PROJECT:
PROJECT NUMBER:
THIS IS TO CERTIFY THAT
(Name and Address of Insured)
is, at the date of this certificate, Insured by this Company with
respect to the business operations hereinafter described, for
the type of insurance and in accordance with the provisions of the standard policies used by this Company, and further
hereinafter described. Exceptions to standard policy noted on reverse side hereof.
TYPE OF INSURANCE
Policy No. Effective
Expires Limits of Liability
Worker's Compensation
Comprehensive General
Bodily Injury:
Liability Insurance
Ea. Occurrence: S
(Public Liability)
Property Damage:
Ea Occurrence: $
Blasting
Ea. Occurrence: $
Collapse of Buildings or
_
structures adjacent to
Ea. Occurrence: S
excavations
Damage to Underground
Utilities
Ea. Occurrence: $
Builder's Risk
Bodily Injury:
Comprehensive
Ea. Person: S
Automobile
Ea. Occurrence: S
Liability
Property Damage:
Contractual Liability
Ea Occurrence: $
Bodily Injury:
Ea. Occurrence: S
Property Damage:
Ea. Occurrence: $
Other
Locations covered:
Description of operations covered:
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or
cancellations.
Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be
assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement
thereto attached.
The City, its officers, employees and servants are named as Additional Insureds on all policies except Workers
Compensation.
Wavier of Subrogation in favor of the City of Fort Worth applies as respects Workers Compensation coverage.
Aaencv
Fort Worth Aizent By
Address Title
PINZ7 RE111YE}
MARIA MEDINA
4912 ROSS AVE
- DALLAS, TX 75206
214-828-0446
Policy number: 03308565-4
Underwritten by:
_ Progressive County Mutual Ins Co
December 30, 2009
Page 1 of 1
r
M6
Certificate of Insurance
Certificate Holder
Insured
Agent
...................................................................................
Additional Insured
...............................................................................................................
SILVESTRE HERNANDEZ
.
MARIA MEDINA
CITY OF FT WORTH
H.Z. CONSTRUCTION
4912 ROSS AVE
1000 THROCKMORT
1226 JACKSON ST
DALLAS, TX 75206
FT WORTH, TX 76102
RED OAK, TX 75154
no
This document certifies that insurance policies identified below have been issued by the designated insurer to the
insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no
.. rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies
listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations,
endorsements, and conditions of these policies.
.................................................................................................................................................................
Policy Effective Date: Dec 10, 2009 Policy Expiration Date: Dec 10, 2010
Insurance coverages) Limits
...................'o' pe....................................................................................................................................................
Bodily Injury/Property Damage $1,000,000 Combined Single Limit
Description of LocationNehicies/Special Items
Scheduled autos only
.............................................................................................................................................................................
1987FORD F8M 1FDPK84N7HVA29969
.............................................................................................................................................................................
1997 FORD F350 1FDKF37F9VEA69620
WHEELCHAIR RAMPS INFRASTRUCTURE PROJECT. CDBG CONTRACT NUMBER 2009-2
Certificate number
36409CCA565
Please be advised that additional insureds and loss payees will be notified in the event of a mid-term
cancellation.
i
nL
111111 Form 5241 00102)
r
EXPERIENCE RECORD
List of projects your organization has successfully completed:
Amount Of Contract Type of Work Date Accepted Name and Address of Owner
Award
jV +vtw�iys 1,9, -CA S Al Uc i lot I
8dldbO SwU � IK- 2CX Oat Connp+on A Lf .
I (D0, (0U
` ,Cb poU
0 oo v
12D0 l
pr-it;c�aYS� I
r✓�.tr 6 ,p�._�I � (, LOOS
{'710�fliecrcct
F1irk
t11►Shtic�.o�� lcl�rs l7ivd
t� t la r), L X "1 UGC,
(1, Cvyv- t Y c(C 4 on
I v lef►-) -fir 1�Gc,/ 1
List of projects your organization is now engaged in completing:
Amount Of Contract
Type of
Anticipated
Award
Work
Date of
Completion
1 v
G9, Go
= �'
�C J Uq
. f) ,-
IVv,COD
l���, t.,It�164.
3&1110q
I I
List Surety Bonds in force on above incomplete work:
Date of Contract Award
Type of Work
Amount of
Bond
Bond
Name and Address of Owner v
41 t 2, !'c_YrtT<e C-r'LV
ly, L- ra ec-'r.
I -
Name and Address of
Surety
I
EQUIPMENT SCHEDULE
List of Equipment owned by Bidder that is in serviceable condition
and available for use: '4
IN n
9010CA-r C L10 Lvac;Le 2
1Qq*7 R(!
C) Cj4-f&j - j t7
--tre(Iutx-
Portions of work Bidder proposes to sublet in case of Award of
Contracts including amount and type:
Bond# 767857P
PERFORMANCE BOND
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS;
COUNTY OF TARRANT §
That we, (1) HZ Paving Construction Comaanv as Principal
herein, and (2) Developers Surety and Indemnity Company , a t orporation organized
under the laws of the State of (3) Iowa , and whc 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 Tarrani nand Denton Counties,
Texas, Obligee herein, in the sum of Eiahtv Two Thousand, l Wenty Eloht Dollars
and iVo Cents Dollars ($82,028.00) for the payment of which ",L m 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 cor tract with the Obligee
dated the le day of December , 2009, a cop;,, of which Is attached
hereto and made a part hereof for all purposes, for the constriction of Wheelchair
= Ramos Infrastructure Prolact CDBG Contract 2009-2 at Varieu ; Locations.
NOW, THEREFORE, the condition of this obligation is sucf 1, if the said Principal
shall faithfully perform the work in accordance with the plans, specifications, and
contract documents and shall fully indemnify and hold hannle,:s the Obligee from all
.� costs and damages which Obligee may suffer by reason of Pr ncipal`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; other wise, to remain in full
force and effect.
PROVIDED, HOWEVER, that this bond is executed pursues it to Chapter 2253 of
the Texas Government Code, as amended, and all liabilities a i this bond shall be
determined in accordance with the provisions of such statute, to :h : same extent as if it
were copied at length herein.
IN WiTNESS WHEREOF, the duly authorized representai ves of the Principal
and the Surety have executed this instrument.
SIGNED and SEALED this 15th day of December , 2009.
.r
HZ Paving Construction Company
_ PRINCIPAL
A`iil=S By: C\ n�
Name: ���V�.S�'Y'2 �r1G�r�Gi.C2
(Princip�lj a etary
Title:.
(S B A L) Address: 1226 Jackson Street
Red Oak, TX 75154
ar �� (469)853-3664
v
ttll '�e cIp
Developers Surety and Indemnity Company
SURETY
ATTEST: By:
Name: Michael B. Hill
Secretary Atla nay In Fact
(S E A L) Address: 105 Decker Court, Suite 670
Irvine. TX 75062
(972)870-0400,
VttStilKOSS 4s to Surty Telephone Numt e : (972) 870-0400
NOTE: (1) Correct name of Principal (Contractor).
(2) Correct name of Surety.
(3) State of incorporation of Surety
Telephone number of surety must be stated. In additlor. an or copy of
.r
Power of Attorney. shall be attached to Bond by the. At1ot ney-in-Fact.
The date of bond shall not be prior to date of Contract
u
as
we
..
i
Bond#
PAYMENT BOND
THE STATE OF TEXAS §
COUNTY OF TARRANT §
.. 76785 P
KNOW ALL BYTIiI: SE PRESENTS:
That we, (1) HZ Pavina Construction Cotr party. , as
Principal herein, and (2) Developers Surety and Indemnity Company a
corporation organized and existing under the laws of the State cf 3) Iowa ,
as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation
located in Tarrant and Denton Counties, Texas, Obligee here in, in the amount of
Eiahty Two Thousand. Twentv Eight Dollars and No Cents EX Ilars ($82,028) for the
payment whereof, the said Principal and Surety bind them.ne Ives and their heirs,
executors, administrators, successors and assigns, jointly and sBN erally, firmly by these
presents:
WHEREAS, the Principal has entered Into a certain writ :en contract with the
Obligee dated the 15t' day of December , 2009, which cont act is hereby referred
to and made a part hereof as if fully and to the same extent as if :,(* pied at length, for the
following project: Wheeichalr Ramos Infrastructura Protect C:C BG Contract 2009-2
at Various Locations,
NOW, THEREFORE, THE CONDITiON OF THiS OBLIG00N 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) supplyirn 1 labor or materials in
the prosecution of the work under the contract, then this ot-111lat9on shall be void;
otherwise, to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is e; ecuted pursza It tO Chapter 2253 of
the Texas Goverment Code, as amended, and all liabilities o i this bond shall be
determined in accordance with the provisions of said statute, to -:h : same extent as if it
were copied at length herein.
iN WITNESS WHEREOF, the duly authorized represental Ives of the Principal
no and the Surety have executed this instrument.
SIGNED and SEALED this 15th day of December , 2Dj 19.
..
J
HZ Paving Construction Company
PRINCIPAL
ATTEST: N _ .
V
Name:
t�
Title:
(SEAL)
Address: 1226 Jackson Street
Red Oak TX 75154
(469)853-3664
r
Developers Surety and Indemnity Company
SURETY
ATTEST:
By: +�
Name: Michael B. Hill
Secretary
Attc-rr ey in Fact
(S E A L)
Address: 105 Decker Court, Suite 670
•�
In ing, TX 75062
• � � (972)870-0400
V1I e4 s`W_
rely Telephone Number: (972) 870-0400
NOTE:
(1) Correct name of Principal (Contractor),
(2) Correct name of Surety.
(3) State of incorporation of Surety
Telephone number of surety must be stated. In addition; E, n original copy of
Power of Attorney shall be attached to Fond by the Attamt y-in-Fact.
The date of bond shall not be prior to date of Contract.
we
an
an
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Bond# 767857P
MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS:
That HZ Pavina Construction Comoanv ("Contractor"),as principal,
and, Developers Surety and Indemnity Company a corporation of ganized under the laws of the
State of Iowa , ("Surety"), do hereby acknowledge therr selves to be held and bound to
pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue c f Constitution and laws of the
State of Texas, ("City") in Tarrant County,' Texas, the sum Eiahty Two That sand. Twentv Eiaht Dollars
and No Cents Dollars ($82,028.00) lawful money of the United States, ft)r payment of which sum well and
truly be made unto said City and its successors, said Contractor and Surety c o hereby bind themselves, their
heirs, executors, administrators, assigns and successors, jointly and severally.
This obligation is conditioned, however, that:
WHEREAS, said Contractor has this day entered Into a written Contr act with the City of Fork Worth,
dated the I5�h of — December 20 09, a copy of which is hereto attached and made a part hereof, for
the performance of the following described public improvements: Wheelf.hair Ramps infrastructure
Prolect CDBG Contract 2009-2 at Various Locations the same bei -lc referred to herein and in said
contract as the Work and being designated as project number(s) NA and said contract, including all of the
specifications, conditions, addenda, change orders and written instruments; •eferred to therein as Contract
Documents being incorporated herein and being made a part hereof; and,
WHEREAS, in said Contract, Contractor binds itself to use such mated ils and to so construct the work
that it will remain in good repair and condition for and during a period of after ih : date of the final acceptance of
the work by the City; and
WHEREAS, said Contractor binds itself to maintain said work in good N pair and condition for said term
Of 2 (Two) Years ; and
WHEREAS, said Contractor binds itself to repair or reconstruct the Wor ; in whole or in part at any time
within said period, if in the opinion of the Director of the City of Fort Worth Ele )artment of Transportation and
Public Works, it be necessary; and,
WHEREAS, said Contractor binds itself, upon receiving notice of tl• a need therefore to repair or
reconstruct said Work as herein provided.
NOW THEREFORE, if said Contractor shall keep and perform it said a ;reement to maintain, repair or
.. reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be
null and void, and have no force or effect Otherwise, this Bond shall be and rrar gain in full force and effect, and
U0
00
Bond 767857P
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 T iy be had hereon for successive
breaches until the full amount hereof is exhausted.
IN WITNESS WHEREOF, this instrument is executed in 6 countero rts. each of which shall be
deemed an original, this 15'h day of December , A.D. 2009.
HZ Pavine Construction Company
PRINQPAL
ATTES By: --~4_
.. Name: S0
t l+�Si'r-e (-,rnand�Z
(Principal) S etary,
Title:
(S E A L) Address: 1226 Jackson Street
RPri flak TX 75154
(46Q) Ri 1 116i6i4
ftrie
-�-
Developers Surety and Indemnity Company
..
ATTEST:
SURETY
By:
�,.
Name;
1v1;�q�. Hill
Secretary
Attomey in F act
.. (S I; A 1_)
Address;
105 Decker Court. Suite 670
Tn,inv TX 7„iQ��
With s s to
Su ety
Telephone Number: 72) 870-0400
NOTE:
(1)
Correct name of Principal (Contractor).
(2)
Correct name of Surety.
(3)
State of Incorporation of Surety
Telephone number of surety must be stated. In addition, an origi lal copy of Power of
Attorney shall be attached to Bond by the attorney -in -Fact,
-W The date of bond shall not be prior to date of Contract,
IMPORTANT NOTICE
To obtain information or make a complaint:
AVISO IMPORTANCE
Para obtener information o para someter una queja:
You may call the Surety's toll free telephone number Usted puede llumar al numero de telefono gratis de
for information or to make a complaint at: para information o para someter una queja ah
1-800-782-1546
You may also write to the Surety at:
P.O. Box 19725
Irvine, CA 92623-9725
1.800-782-1546
Usted tanbien puede escribir a Surety at:
P.O. Box 19725
Irvine, CA 92623-9725
You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros
to obtain information on companies, de Texas para obtener information acerea de compa-
coverage, rights or complaints at: Was, coberturas, derechos o quejas al:
1-800-252-3439
1-800-252-3439
You may write the Texas Department of Insurance at: Puede escribir al Departtnento de Seguros de Texas
P.O. Box 149104
Austin, TX 78714-9104
Fax# 512475-1771
web: http://www.tdi.state.tx.as
E-mail: ConsumerProtection@tdi-state.tx.us
j PREMIUM OR CLAIM DISPUTES: Should you
have a dispute concerning your premium or about a
claim you should contact the Surety first. If the
dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY -
This notice is for information only and does not
become a part or condition of the attached document.
P.O. Box 149104
Austin, TX 78714-9104
Fax# 512-475-1771
web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el Surety primero. Si
no se resuelve la disputa, puede entonces comuni-
carrse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es solo
para proposito de information y no se convierte en
parte o condition del documento adjunto.
r `?G
It '�'01C0
Insco Insurance Services, Inc.
Underwriting Manager for:
Developers Surety and Indemnity Company • Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92614
1-800-782-1546
www.inscoD!co.com
ID-1404 (TX) (Rev. 7107)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint:
***William D. Baldwin, Michael B. Hill, Brady K. Cox, Brent Baldwin, Brock Baldwin, Jennifer J. Clark, jointly
or severally***
as its true and lawful Attomey(s}in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship
including, without Imitation, any and all surety bonds, end consents or other writings required by the Florida Department of Transportation incident to the release of retained percentages
and final estimates on construction or maintenance contracts, giving and granting unto said Ahomey(s}in-Fact full power and authority to do and to perform every act necessary,
requisite or proper to be done in connection thenevrith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said
Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Atlomey Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY, effective as of March 25th, 2W9
RESOLVED, that the chairman of the Board, the President and arty Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behaff of the corporations, bands, undertakings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, end any such
Power of Attorney or Certificate bearing such facsimile signatures shah be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by
their respective Assistant Secretary this March 25th, 2009.
ND
StephenT.. Pate, Senior Vice Presid
By. (ph�'-11160 " -
Charles L Day, Assistant Secretary
State of California
County of orange
On A9 before me,
Date
personally appeaed
. .1�tklflY 1T I�1Qt1YBd
COMM. # 1791800
NCJTAIiY PUBt1C C1ii,l�pdq -
�y taornm wit � �QiZ J
iU up.•..,run qm ll,i .Ii p i I I'
Place Notary Seal Above
JQ`��APQ Rq'�AF.fry e
10' :n
1 1935 }Dao
t4 ��` ,►
Jenny TT Ng= Nablil Puhlin
Hero Insert Name and Title of the Ofter
Sh+ohen T. Pate and Chalet L Dew
Nm*s) of Signor)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to
the within instrument and acknowledged to me that he/shelthey executed the same in hether/their authorized
capacity(tes), and that by hMer/their signature(s) on the Instrument the penson(s), or the entity upon behalf of
which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official s al.
Signature
Je TT Ng n
CERTIFICATE /l
The undersigned, is Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attomey remains in full
force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in
force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 15th day of December • 2009
By:
Albert Hitlebnand, Aasfatant 3eaetary
ID-1438 (We)(Rev.10111)
CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
This agreement made and entered into this the 15th day of December , 2009
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, A.D., 1924, under the authority (vested in said voters by the
"Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at
a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed
Owner, and HZ Pavinq Construction Comaanv HEREINAFTER CALLED Contractor.
WITNESSETH: That said parties have agreed as follows:
171
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:
WHEELCHAIR RAMPS INFRASTRUCTURE PROJECT CDBG CONTRACT 2009-2
AT VARIOUS LOCATIONS
Designated as project number: NA.
2.
That the work herein contemplated shall consist of furnishing as an independent contractor all
labor, tools, appliances and materials necessary for the construction and completion of said project in
accordance with the Plans and Specifications and Contract Documents prepared by the 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.
e
t
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
0%
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 100 (One Hundred) 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 $ 200.00 per calendar 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.
Rl
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 anv such iniurv, damage or death is caused, in whole or in part, by the
negligence or alleged negligence of Owner, its officers, servants, or emp/ovees. Contractor u
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 anv such iniury or damacre is caused in whole or in Part by the
nealiaence or allecied nealiaence of Owner. its officers. servants or emp/ovees.
+' In the event Owner receives a written claim for damages against the Contractor or its subcontractors
prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner
satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or
(b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been
referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public
work from a Contractor against whom a claim for damages is outstanding as a result of work
performed under a City Contract.
7.
The Contractor agrees, on the execution of this Contract, and before beginning work, to make,
execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract 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.
a
Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid
v 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 by -weekly
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
EIGHTY TWO THOUSAND, TWENTY EIGHT DOLLARS AND NO CENTS
$82,028.00
OFFICIAL RECORD
CITY SECRETARY
FT. 'NORTH, TX
C-3
a
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 Special Instruction to Bidders of this 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 goveming 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
W.
Done in Fort Worth, Texas, this the 15th day of December , 2009
APPROVED:
DIRECTOR, TRANS RTATION AND
PUBLIC WORKS DEPARTMENT
contract AuthnriaatiOx
l -. 165 og
ate
5
(Contractor)
` BY: 5l V c SAv 0<'tr'M(z-
(Representative)
Y
(TITLE)
(Address)
PA Oaf
(City/State/Zip)
Revised June 2008
CITY OF FORT WORTH
[�
ASSISTANT CITY MANAGER
ATTEST:
CITY SECREARY J
(SEAL)
APPROVEI
LE ALITY:
A *I6TANT CITY ATTORNEY
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Project Name: HMAC Surface Overlay( )
DOE Project Number:
Mapsco Location:
Street Maintenance Work Notice
As part of the City of Fort Worth's Street Maintenance Program,
has been contracted to repair your street. During the maintenance work, there will be a
brief time that you may not have access to your residence or business. On the days
specified below, vehicles can not be parked on the street. Also, please turn off your
sprinkler adjacent to the street.
If you have any questions or concerns, please contact contractor
at
If we are not able to resolve your concern to your satisfaction, you may also contact
City of Fort Worth Inspector at Monday -
Friday between 7:30 a.m. and 4:30 p.m.
After 4:30 p.m. and on weekends, call (817) 392-8100.
I
Block Street Project Expected Construction Dates
Limits Name Limits Weather Permittinq
1100 to 1200 Brown Street Yates Avenue to Keller Springs Parkway From 6-20-06 to 7-4-06
IT—
Nombre del Proyecto: HMAC Surface Overlay
Numero del Proyecto DOE:
Ubicaci6n Mapsco:
Notificacion de Mantenimiento de la Calle
Como parte del Programa de Mantenimiento de las Calles de la Ciudad de Fort Worth,
ha sido contratado para reparar su calle. Durante este
trabajo de mantenimiento, habra un tiempo breve en que no tenga acceso a su hogar o
negocio. En los dias especificados abajo, vehiculos no deben estacionarse el la calle.
Tambien, por favor apague su sistema de regar el cesped cerca de la calle.
Si tiene alguna pregunta o concierne, por favor Ilame al contratista al
Si no resuelve su concierne a su satisfacci6n, puede tambien Ilamar a la Oficina de
Inspecci6n de la Ciudad de Fort Worth al , de lunes a
viernes entre las 7:30 a.m. y 4:30 p.m.
Despues de las 4:30 p.m. o en los fines de semana Ilame al (817) 392-8100.
Limites Nombre Limites Fechas de Construcci6n
De Bloaues de Calle De Provecto Permitiendo el Estado de Tiempo
1100 a 1200 Brown Street Yates Avenue a Keller Springs Parkway De 6-20-06 a 7-4-06
rw
GL
4'-0"
PROJECT DESIGNATION SIGN
j 4 -0
f
4.. FORT WORTH
4
611)
2
3"
3"T—Project Title�,�.
3"1— 2ND LINE --T
F NECEss►av
3"
" ► Contractor: ,s
21"EContractor's Name
7f
z"= Scheduled Completion Date --
Year
5"
FONTS:
FORT WORTH LOGO = CHELTINGHAM BOLD
ALL OTHER LETTERING = ARIAL BOLD
LOGO COLORS:
FORT WORTH - PMS 288
LONGHORN LOGO - PMS 187 PROJECT DESIGNATION SIGN
LETTERING - PMS 288
BACKGROUND - WHITE CITY OF FORT WORTH -CONSTRUCTION STANDARD
BORDER -BLUE - - - - -
DRA"NG NO. DATE: 9-20-02
..\Project Sign.dwg 9/25/2006 2:48:05 PM
wass—a,mo—t— Na' DETECTABLE WARNINGS
falls 12
wla, GENERAL NOTES FOR DETECTABLE WARNINGS " j
�MARNPMG SURFACE COMBINATION CURB RAMPS is Tanta Passids lb" d8Y Millis) by Pass, NO Ilnck. VIMGISA�Sahalva SIC. 63.
A ILE,— a-- SIDEWALK RAMP (CURB RAMP) GENERAL NOTES
small fill and
SLOPE I
NATION CURB RAMPS ad A.P600114MIR fUgs, MA I- IMUIO b4 . IMM Of 5* and'
Cmeams
PAVEMOT
PERPENDICULLAR CURB RAMP (RETURNED CURB) 3110� IS IS h pa=. dlamoge Sam—* hwid b, pi,s' 1 .-:h amps L1 of
FLUSH LANDING CUT THROUGH AT MEDIAN ISLANDS so� Md—wk. am ndaP,
OEtECTAkE
MY 4--"4, 1 117 La.
ans
6.1
as
AND PUBLIC WORKS
as
Va. all
SIDEWALK RAMP DETAILS
DIAGONAL CURB RAMP (RETURP SECTION H-H 11 —M. s""'
NOTE USE ONLY ON RESIDINMAL TYPE STREETIS
fbaa,�a Wd camasmas w C DIAGONAL CURB RAMP (FLARED SIDES) COMBINATION ISLAND CUT THROUG�-
DUMMY JOINT IN RAMP OPTIONAL PROVIDE EXPANSION JOINT ONLY
IN 11' - O" DRIVEWAY ONLY. IF CONNECTING TO EXISTING
EXISTING CURB 6 GUTTER,IF CONCRETE DRIVE.
ANY MUST BE SAWED AS DIRECT- REINFORCE 6 DRIVE # 3 BARS
ED BY THE ENGINEER, A AT 18" O.C.S.W.
REINFORCE 4" WALK M 3 BARS
R O.W. LINE AT 18" O,C.S.W. REFERENCE
I I I
j III- 0"FOR BSPL�W 18-O"FOR DSTANDARD SIDEWALK 10'-0"MIN. I
q ya
17'-0"MIN. �bY\
i
Q`P OPQv
STANDARD
ml 1 h��p CURB & GUTTER\
EXP• JOINT---*"(
EXCEPT i
SLIP -FORMED
20'-0" MIN, SINGLE DWY.
27'-0"MIN, DOUBLE DWY.
L
A
SIDEWALK SLOPE 1/4"PER PLAN VIEW
FOOT TO FACE OF CURB OR AS
DIRECTED BY ENGINEER
i 4' SIDEWALK I
2"SAND CUSHION
OR APPROVED
SUBGRADE.
4O.W.LINE
PKWY. WIDTH A B
10, 1' 9'
II' TO 14` 2'To5' 9'
IS T019' 3to7' 12
20` TO 22` I5'to7' 15'
PARKWAY WIDTH
B (SEE TABLE)
'm10R MATCH A5
1 DIRECTED
�~--EXP. JOINT
EXCEPT
SLIP -FORMED
HALF LENGTH PAID AS
ATTACHED CURB (CONC.
PAVEMENT ONLY)
SEE STANDARD CURB
&GUTTER SECTION.
_ 18"
1'_3" I STANDARD
1 DRIVEWAY AND CURB iLAYDOWN
& GUTTER PAY LIMIT—_ CURB
SECTION A -A
\STABILIZED
DWY. PAY LIMIT SUBGRADE
W/CONCRETE PAVEMENT
SIDEWALK SECTION THRU DRIVEWAY TO BE
POURED SOME THICKNESS AS DRIVEWAY
APPROACH & PAID FOR AS DRIVEWAY
APPROACH. EXISTING SIDEWALK, IFANY,
TO BE REMOVED AND REPLACED.
REVISED 9/24/87 J.A.N./MEM. DRIVEWAY APPROACH
REVISED AUG., 7-D.J.S.W:R..M,/ RM
REVISED FE8.,'8l-D.J.S./.IY CITof FORT WORTH TEXAS - CONSTRUCTION STANDARD
REVISED MAY, '83-E.F.W./W.R.M,IDRAWING NO S-S 5 I DATE MAY, 1983
STANDARD APPROACH
PANEL ON EACH FZOE OF DRMEWAY IS RAMPED
UP FROM LOYMMO SIDEWALK SECTION
THROUGH ORPAWAY THROAT TO MATCH GRADE
OF ADMIGNS SDfWALK
ORIVEWAY WIDTH ,
DIMENSFON k' —1 A, f' R.O.W. UNE
1
BACK OF CURS 1 S�
t �
L A
STANDARD CURB
PLAN V[@1N AND GUTTER
SDEWALR SLOPE IW PER
FOOT TO FACE OF CURB OR AS
DIRECTED BY ENGINEER
PARKWAY WIDTH
v 18" A 6 {SEF TABLt� � _ _
� STANDARD
4' SIDEWALK 114i
Utz
OR lRsAim � SECTION AA
SUE'M STASIL?,ED
R.O.W. UNE SUDGME
1 YWTH 1, IY 3mem IK SscnoN TIIRU D8IYEWAY TO BE
POURED SMETH SS AS Dsif OMY
APPROACH
lsbo/r 1r
it 1n n i r to r I it TOP OF MX4 F WASH( SECIM (POVFT Cl
B r AROVE FWW LAIC
�- HIGH VOLUME APPROACH
..
NOTE; Pro.islr Esp. Jon► Ongr if Connrc►inf
To Es�srie� Gonc.No 0.�.♦
PARKWAY (USUAL) /0
� " 1
o
-c
N I'USUAL I'
� F
rip JOIJvr7 FLAGGING of 4'-0"o.C.�
— _... ._. d• I I S kl 1 O 1 E �l W A I L 1 x
$ (KPANS/ON JOINT
FL AGGIN6 of 6 '. o " o. c. '
EXPANS/oN JOINT
(escape slip fora,) CXPANSION JOINTS of my eirec/ioo
CAIAQr #Ad i0o, opelil"wn,
ON eepameioe *016 to be dowelled
Per concrete parement r440iroononle
T YPICAL CONSTRUCTION L A YOUT
of CURB and GUT TER, SIDEWALK and DRIVEWAY
Showing Flogging And Exponslor ✓olnl Locaflon
No/ to Sco/r
NO FLAGGING
X WHEELCHAIR RAMPS
REV. s. a/ CI T Y of FOIPT_WOR.m. TEXAS— CONSTRGCI'Ov srANOASO
f.T.R. II R.A[ REVOSED 9/»/Er J A V /w R w DRAWING NO. S-MIC-A � JAN. 1969 _
i F �
NOT E= PioVilo Era .1001 Ohlg $1 CaOWNR#
ro Eenl/AG CorwNr PM PARR WA r (USUAL 1
J
H �
J J
f
►� ; EXPANSION JOINT
/, o ! O (IJ rnj oevlhnq co�rrMll
T rPIC �
tip JOIN _ r FLAGGING e/i'- O�o.r
AV
EXPANSION JOINTS
leaceAt i//A I's,m)
EXPANs/oN Jot#rs o/ ANr----�
p/RECTIOM CNANGE ANO 100' MAXIMUM:
an sa»nswe jolnls to N doweled per concrsls
pev*ment Fowl►eweiae
TYPICAL CONSTRUMaV LAYOUT OF CURB 9 GUT TER,
COMBINATION SIDEWALK AND DRIVEWAY
Showing Flogging And Expansion Joint Location
Not toSelt
-NO FLAGGING
IN WHEELCHAIR RAMPS
CITY of FORT WORTH, TEXAS-CONSTRUCT/ON STANDARD
REVI S EO 9/i r/d1 J A .V /W R w ORA WING NO. S-M 10 8 DATE: • MAY 198,
. - 10' PARKWAY
5'
R. O. W. y . �` EXP. JOINT MAT'L
'v •++ . ' E X I STING CURB
Z' SAND CUSHION
413 BARS @ 18• C-C BOTH WAYS 'r
I
S�SIDEWALK
14' Porkwo;
,d.
r -
I 114 ~ OIt fQc! / EXISTING CURB
-
t " Try
#3 BARS a 18" C-C BOTH HAYS I1
2" SAItD CUSHION
V STANDARD CONCRETE SIDEWALK
Not to ScorI
NOTE:
1. CONCRETE SHALL BE 3000 PSI AT
2.3 DAYS..
2. REINFORCING SHALL BE 03 BARS
AT IV CC BOTH WAYS,
!O ` PARKWAY 5)5-MON
QATE: harth 12. 1993
it
m
iF
t t' - �• f
«SLOPE 1/4" PER FOOT
SEAL WATN JOINT �' 1 r•• s
FILLER
* — n • II/
L TOPSOIL (1�
YV" see
Prr Few ( YMaI
ASPHALT O Q •,• ••, D / �/ /n �
MVtrtMT W i•• • •'rc,'
T»tutu i e D •, O •1 •"NOY ,;Y.
4 OACKFILL'...
rr STAB. MMMUM EXCAVATION OUTLINE
SUOGRAOE FOR STREET CONSTRUCTION
•S OARS -f
Typical Curb and Gutter
Iw
NOW
m
1 END f` II I ENO
I ROAD WORK I l 1 ROAD WORK l
I
000
A o}
D E
M O
m M
D 7C
�00000 w
tt \ o
W o
ARROW BOARD IF SPEED LIMIT N ° n
IS 4e MPH OR GREATER q �U�
Z M {b+
LEFT it \ e
LANE �_ °° LEFT
CLOSED r O O 00 LADE
00 I CLOSED
I °
rn o
b
DI X
O
u
a -CROAD
a WORK
X AHEAD
ROAD
AHEAD
m This plan is submitted for TCP. I certify this plan will be used for the folling location(sh.
LO and that all channelizing devices will conform to 'General Notes' as shown on the back.
L1.1
Signature: Date
CITY OF FORT WORTH TYPICAL ONE WAY STREET ONE LEFT LANE CLOSURE
TRANSPORTATION
AND Note: I PL �N 1211_
PUBLIC WORKS See reverse side for General Notes erd Device Spacing i
I END
ROAD WORK
I END
ROAD WORK
a
a
o
r °}
D E °
;0 O
m x
D 7C
�0000� _^� °
p7 0
ARROW BOARD IF SPEED LIMIT C o
IS 4e MPH OR GREATER
z M Q
bb
m
LEFT O o
LANE _
CLOSED r- 0 00 ° LANE
0
° I CLOSED
o O
c
0
s x
M.
u
L
ROAD
a WORK
x AHEAD
ROAD
WORK
AHEAD
11
m
This plan is submitted ror TCP. I certify this plan will be used for the Polling locationfsl:
i
and that all chonnelizing devices will conform to 'General Notes' ns shown on the bock.
w
o Signature: Cote
CITY OF FORT WORTH TYPICAL ONE WAY STREET ONE LEFT LANE CLOSURE
TRANSPORTATION —.
AND Note,
PUBLIC WORKS See I PL ANI 121L
See reverse side for General Notes and Device Spacing
ROAD
WORK
ENO
AHE AD
ROAD WORK
\\
O
0
0
10 FEET
MIN. o0
o
o
w
;
a
'
o
it
o
w W
o
L
O
O
m N
O
00
I
O
O
J
O
O
O
M
N
N
O
O
z
Q
u
�
�
C
a
X
ROAD
-_
7.
WORK
END
AHEAD
ROAD WORK
C
a
o This plan is submitted for TCP.Icertify this plan willbe used for the following location(s):
M >
In and that all channelizing devices will conform to "General Notes" as shown on the bock.
oSignature: Date:
CITY OF FORT WORTH IYPICAL TWO WAY STREET - SPEED LIMIT A MPH OR LESS
TRANSPORTATION INTERMEDIATE TERM - OVER -NIGHT TO 3 DAYS
AND Note _
See reverse side for CeneralNotes and Deice Spacing.
PUBLIC WORKS -- -- PLAN "220 C"
i
i
er
M
M
till ROAD
WORK I END
AREAO x ROAD WORK
f `
t
� x
� ONE LAN :
ROAD °
' a
i Flogger u -'----._...-----._----.I_.
1
° Y i
� e
0W I
a
o i
° 4
L, Z
° IL p
I ° D N
in
j Io
e
e
0
o z x
� a
' 2 Floggers required wheneve, ( e
opposing traffic required e 0 Flogger Required On
jl to use some lone. 0 0 Collector/Residenlioi
O ur) 1 Str sets. Additional Floggers
l o J May Be Required Deoending On
w Floggers sholl be in constant I _J Field Conditions.
radio contact.
No congregroting around
a j flogger stations. x
a Flogger stations must be
lighted at night. j
� I
I
ROAD
ROADNWORxAHEAD
_ I g —
M O
O
This pion is submitted for TCP.Icertify this pion willbe used for the following locotion(s):
� I
1 �
a and that all chonnelizing devices will conform to "General Notes" as shown on the bock.
o'
Signature Dote:
Miss 1
CITY OF FORT WORTH TYPICAL TWO WAY STREET
TRANSPORTATION LANE CLOSURE
AND Note
� PUBLIC WORKS See reverse side for Generol Notes and Device �DOCin PLAN 2 2
tra i
i
as
i
ROAD
WORK ENO
AHEAD ROAD WORK
�.t
IX
I
0
O
® Y Q
� W
W W ARROM BOARD IF SPEED LIMIT
p IS 40 MPH OR GREATER
m N
O
j O i
i O O
O RIGM7
f ° o o crnE
00 � CLOSED
n' O
C
t.
J
X � ROAD
I � WORK
+ I ENO ,, AHEAD
i IRDAD WORK ( f p
F 1
\ X Q
U
o This plan is submitted for TCP. I certify this plan will be used for the following locotion(s);
� N
v
and that all channelizing devices will conform to "General Notes" as shown on the back.
a Signature Dote:
i o
CITY OF FORT WORTH 1YPICAL TWO WAY STREET
TRANSPORTATION ONE LANE CLOSURE
AND Note'
PUBLIC WvRXc, See reverse sde neraiNotes and Device SPA PLAN "241R''
Wheelchair Locations
i
Oil;
- Azle
McKinley
NW
TYPE H
Hemphill
Peter Smith
NW
TYPE D
Azle
McKinley
SE
TYPE C
Hemphill
Peter Smith
NE
TYPE E
Azle
McKinley
SW
TYPE H
Hemphill
Peter Smith
SE
TYPE D
Azle
Rosen
NW
TYPE H
Hemphill
Peter Smith
SW
TYPE H
Azle
Rosen
NE
TYPE H
Hemphill
Tucker
NW
TYPE H
.� Azle
Rosen
SW
TYPE H
Hemphill
Tucker
SW
TYPE D
Azle
Dodge
NW
TYPE H
Hemphill
Pennsylvania
NW
TYPE H
Azle
Dodge
SW
TYPE B
Hemphill
Pennsylvania
NE
TYPE E
Azle
Grayson
NEB
TYPE B
Hemphill
Pennsylvania
SE
TYPE E
Azle
Grayson
NWB
TYPE B
Hemphill
Pennsylvania
SW
TYPE E
Azle
Grayson
SW
TYPE B
Hemphill
Cannon
NW
TYPE H
Azle
Menefee
SWA
TYPE B
Hemphill
Cannon
NE
TYPE H
Azle
Menefee
NWB
TYPE B
Hemphill
Cannon
SE
TYPE H
- Hemphill
Vickery
SE
TYPE E
Hemphill
Cannon
SW
TYPE E
Hemphill
Vickery
SW
TYPE H
Hemphill
Leuda
NW
TYPE H
Hemphill
Jarvis
NW
TYPE E
Hemphill
Leuda
NE
TYPE H
Hemphill
Jarvis
NE
TYPE A
Hemphill
Leuda
SE
TYPE H
Hemphill
Jarvis
SE
TYPE F
Hemphill
Leuda
SW
TYPE H
Hemphill
Jarvis
SW
TYPE D
Hemphill
Terrell
NW
TYPE E
Hemphill
Daggett
NW
TYPE H
Hemphill
Terrell
NE
TYPE H
Hemphill
Daggett
NE
TYPE E
Hemphill
Terrell
SE
TYPE E
Hemphill
Daggett
SE
TYPE H
Hemphill
Terrell
SW
TYPE G
Hemphill
Daggett
SW
TYPE H
Hemphill
Broadway
NW
TYPE H
Hemphill
Broadway
NE
TYPE E
Hemphill
Broadway
SE
TYPE E
Hemphill
Broadway
SW
TYPE E
49 Locations