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CITY SECRETARY
CONTRAC 1 NO e
FORTWORTH
rSPECIFICATIONS
AND
CITY SFCRETRY CONTRACT DOCUMENTS
FOR
D.O.E. ' l- PLAYGROUND RENOVATION AT:
CONT MORNINGSIDE PARK
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CLIENT DEPAfd T
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PROJECT NAME PROJECT NUMBER D.O.E. NO.
MORNINSIDE GR76/541200/080206845140 #4404
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IN
THE CITY OF FORT WORTH
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TEXAS
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MIKE MONCRIEF GARY W. JACKSON
MAYOR CITY MANAGER
RANDLE HARWOOD, ACTING DIRECTOR
PARKS AND COMMUNITY SERVICES
PARKS AND COMMUNITY SERVICES DEPARTMENT
PLANNING AND RESOURCE MANAGEMENT DIVISION
2004
FUNDING OF PROJECT BY
CITY OF FORT WORTH ��l�,� � � �
W .'PFW*' FORTWRTH
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COUNCIL ACTION: Approved on 4/27/2004
DATE: 4/27/2004 REFERENCE NO.: **C-20047 LOG NAME: 80MORNINGSIDE
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Award of Contract to J&J Sprinkler and Landscape Inc. for Playground Renovations at
Morningside Park
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with J&J Sprinkler
and Landscape, Inc. in the amount of$73,744.50 for Playground Renovations at Morningside Park.
DISCUSSION:
On April 1, 2003 (M&C G-13934), the City Council authorized the appropriation of$8,021,000.00 in
Community Development Block Grant (CDBG) program funds, of which $87,500.00 was allocated for
playground renovations at Morningside Park.
The Parks and Community Services Department (PACSD) held a public meeting with the neighborhood on
September 15, 2003, for input and selection of the preferred playground prototype. Upon selection of the
preferred prototype, PACSD staff proceeded with preparation of the construction documents.
This project was advertised for bid on February 5 and 12, 2004. On March 11, 2004, the following bids were
received:
Bidders Base bid Bid Alts. Total
J&J Sprinkler& Landscape, Inc. $68,384.50 $5,360.00 $73,744.50
Parks for Play, Inc. $66,098.00 $8,647.00 $74,745.00
Sprinkle N Sprout $69,561.50 $5,890.00 $75,451.50
Eagleton Construction, Inc. $77,314.00 $6,800.00 $84,114.00
Valley Crest Landscape $83,450.70 $5,401.25 $88,851.95
Wall Enterprises $88,526.50 $6,600.00 $95,126.50
Base Bid - Unit 1
Consists of site grading, demolition of existing facilities, installation of concrete walkway and play area, and
playground area equipment at Morningside Park.
Bid Alternates (BA)- Unit 2
Bids consists of : BA-1 removal and installation of one (1) 6 foot picnic table in the amount of$830.00. BA-2
installation of the picnic station to include one (1) 8-foot ADA picnic table with cooker and 355 Square Feet
of five-inch concrete sidewalk in the amount of$2,250.00. BA-3 installation of two (2) 6-foot park benches
outside the play area in the amount of$830.00. BA-4 installation of two (2) 6-foot park benches within the
play area in the amount of$830.00. BA-5 installation of one (1) 6-foot park bench with a concrete pad in the
amount of$620.00.
It is recommended that Base Bid - Unit 1 in the amount of$68,384.50 and Bid Alt. No. 1,2,3,4 & 5 - Unit 2 in
the amount of$5,360.00, totaling $73,744.50, as submitted by J&J Sprinkler & Landscape Inc. be approved
for award of contract. The contract time is thirty (30) working days.
In addition to the contract cost, associated contingency funding for construction inspection (3.5%), project
management (1.5%), and possible change orders (5%) is $7,375.00.
MANBE - J&J Sprinkler & Landscape Inc. is in compliance with the City's M/WBE Ordinance by committing
to 18% M/WBE participation. The City's goal on this project is 17%.
There will be no annual budget impact associated with this project.
Construction is anticipated to commence in June 2004, and be completed in July 2004.
Morningside is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the
Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 541200 080206845140 $73,744.50
Submitted for City Manager's Office by. Libby Watson (6183)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Richard Zavala (5704)
ATTACHMENTS
TABLE OF CONTENTS
y 1. NOTICE TO BIDDERS
2. SPECIAL INSTRUCTIONS TO BIDDERS
4. PROPOSAL
5. CITY OF FORT WORTH M/WBE ENTERPRISE SPECIFICATIONS
6. CITY OF FORT WORTH PREVAILING WAGE RATES or FEDERAL WAGE
- RATES-CONTRACTOR'S PACKET
7. WEATHER TABLE
8. VENDOR COMPLIANCE TO STATE LAW
M 9. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION
10. TECHNICAL SPECIFICATIONS
DIVISION 1 -GENERAL REQUIREMENTS
SECTION 01100-Summary of Work
SECTION 01135-Contract Time
SECTION 01140-Alternatives
SECTION 01150-Payment To Contractor
SECTION 01300-Submittals
SECTION 01400-Quality Control
SECTION 01410-Testing
SECTION 01500-Temporary Facilities and Controls
SECTION 01640-Substitutions and Product Options
SECTION 01700-Project Closeout
SECTION 01800-Contractor's Responsibility for Damage Claims
DIVISION 2-SITE WORK
Section 02200-Site Preparation
Section 02140-Site Underdrains
Section 02300-Earthwork
Section 02537-Engineered Wood Fiber Playground Surfacing
Section 02840-Turf Sodding
Section 02860-Playground Equipment
Section 02870-Site Furnishings
Section 02930-Seeding
DIVISION 3-CONCRETE
Section 03300-Cast-in-Place Concrete
DIVISION 7-THERMAL &MOISTURE PROTECTION
Section 07920-Caulking and Sealants
11. CERTIFICATE OF INSURANCE
12. BIDDER'S STATEMENT OF QUALIFICATIONS
13. PERFORMANCE BOND
14. PAYMENT BOND
15. MAINTENANCE BOND
16. CONTRACT
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NOTICE TO BIDDERS
Sealed Proposals for the following:
PLAYGROUND RENOVATION AT:
MORNINGSIDE PARK GR76/541200/080206845140 DOE NO. 4221
Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas, will
be received at the Purchasing Division Office until 1:30 p.m., Thurs. March 11 2004
and then publicly opened and read aloud at 2:00 p.m. in Council Chambers 2" floor—
N.E. corner of City Hall. Plans, Specifications and Contract Documents for this project
may be obtained at the Park Planning section, Parks and Community Services
Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499.
Documents will be provided to prospective bidders for a deposit of$50 per set; deposits
shall be made in the form of a check or money order. Each prospective bidder shall
receive a deposit refund on the first two plan sets if the documents are returned in good
condition within 10 days after bids are opened. Any additional plan sets shall require a
non-refundable deposit. These documents contain additional information for
prospective bidders.
All Bidders will be required to comply with Provision 5159a of"Vernon's Annotated Civil
Statutes" of the State of Texas with respect to the payment of the prevailing wage rates,
and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City
Code, Section 13-A-21 through 13-A-29) prohibiting discrimination in employment
practices.
1. Minority /Women's Business Enterprise Participation Goals
In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth
has goals for the participation of minority business enterprises and women business
enterprises in City contracts. A copy of the Ordinance can be obtained from the M/WBE
Office or from the Office of the City Secretary. The bidder shall submit the MBE /WBE
UTILIZATION FORM, SUBCONTRACTOR / SUPPLIER UTILIZATION FORM, PRIME
CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and / or the JOINT
VENTURE FORM ("Documentation) as appropriate and must be received no later than
5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid
opening date. The bidder shall submit documentation at the reception area of the
managing department, Department of Engineering, 2nd floor, City Hall, and shall obtain a
receipt. Such receipt shall be evidence that the documentation was received by the
City. Failure to comply shall render the bid non-responsive.
The following list is provided to assist bidders in obtaining the services of M/WBE
vendors qualified to provide such services/materials for this project. A listing of qualified
M/WBE vendors may be obtained at the City of Fort Worth M/WBE office, 3rd floor City
*� Hall.
Services/materials for this project are as follows:
demolition/site prep clearing/grubbing grading/earthwork
playground equipment drain pipe earthwork
"' sodding concrete seeding
steel rebar site furnishings
The City's minimum M/WBE goal on this project is 17% of the total dollar value of this
contract.
2. Prime Bidder Qualification Requirements
The City will evaluate all submitted bids based on criteria and qualifications to determine
award of contract as noted in Item 14. - Bidder's Statement Of Qualifications— Special
Instructions To Bidders and upon receipt of Bidder's Statement Of Qualifications form
included in this construction document. In general:
• The Prime Bidder, as general contractor or sub-contractor, must demonstrate
similar project scope experience on three (3) projects within the last three (3)
years. All subcontractors intended for use on this project shall also demonstrate
similar project scope experience necessary to successfully perform on their
respective portion of work on this project.
• The Prime Bidder must provide a list the surety company(s) which issued bonds
for projects listed above. Additionally, the Prime bidder shall list the surety
company intended for use on this project.
• The Prime Bidder must submit a current certified financial statement prepared by
an independent Certified Public Accountant.
• The Prime Bidder shall perform with its own organization and with the assistance
of work crews under its superintendence work of a value not less than fifty
percent (50%) of the project scope of work as per Section 8.1 of the standard
specifications for Street and Storm Drain Construction for the City of Fort worth.
Bidder Qualifications submitted to the Parks and Community Service Department
Project Manager must be received no later than 5:00 P.M., five (5) City business days
after the bid opening date, exclusive of the bid opening date.
3. Bid Addendum
Bidders are responsible for obtaining all addenda to the contract documents and
acknowledging receipt of the addenda by initialing the appropriate spaces on the
Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as
being non-responsive. Information regarding the status of addenda may be obtained by
contacting the Project Manager.
4. Pre — Bid Conference
A pre-bid conference will be held with prospective bidders at the Parks and Community
Services Offices Conference Room 2 on February 26, 2004 at 9:00 am.
5. AWARD OF CONTRACT
The City reserves the right to reject any or all bids and waive any or all formalities.
The City will award one contract with a combination of base bids and/or alternates
which is most advantageous to the City. -°
No bid may be withdrawn until the expiration of 55 calendar days from the day bids are
opened. The award of contract, if made, will be within 55 calendar days after the
opening of bids, but in no case will the award be made until all necessary investigations
are made as to the responsibility of the bidder to whom the contract will be awarded.
RANDLE HARWOOD, ACTING DIRECTOR GARY W. JACKSON
PARKS AND COMMUNITY SERVICES DEPARTMENT CITY MANAGER
GLORIA PEARSON
CITY SECRETARY
By:
Carlos Gonzale , roject Manager
(817) 871- 573
Thursday February 5, 2004
Thursday February 12, 2004 �'
SPECIAL INSTRUCTIONS TO BIDDERS
1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of
Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid
submitted must accompany the bid, and is subject to forfeit in the event the successful
bidder fails to execute the contract documents within ten days after the contract has been
awarded.
To be an acceptable surety on the bid bond, the surety must be authorized to do business
in the state of Texas. In addition, the surety must (1) hold a certificate of authority from
the Untied States secretary of the treasury to qualify as a surety on obligations permitted
or required under federal law; or (2) have obtained reinsurance for any liability in excess
of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of
Texas and is the holder of a certificate of authority from the Untied States secretary of the
treasury to qualify as a surety on obligations permitted or required under federal law.
Satisfactory proof of any such reinsurance shall be provided to the City upon request.
The City, in its sole discretion,will determine the adequacy of the proof required herein.
2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be
tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the
application of such formulas or other methods of bringing items to a common basis as
may be established in the Contract Documents.
The total obtained by taking the sum of the products of unit prices quoted and the
estimated quantities plus any lump sum items and such other quoted amounts as may
enter into the cost of the completed project will be considered as the amount of the bid.
Until the award of the contract is made by the Owner, the right will be reserved to reject
any or all proposals and waive technicalities, to re-advertise for new proposals, or to
proceed with the work in any manner as maybe considered for the best interest of the
Owner.
The quantities of work and materials to be furnished as may be listed in the proposal
forms or other parts of the Contract Documents will be considered as Approximate only
and will be used for the purpose of comparing bids on a uniform basis. Payment will be
made to the Contractor for only the actual quantities of work performed or materials
furnished in strict accordance with the Contract Documents and Plans. The quantities of
work to be performed and materials to be furnished may be increased or decreased as
hereinafter provided, without in any way invalidating the unit prices bid or any other
requirements of the Contract Documents.
3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract
Documents prior to the bid receipt. Information regarding the status of addenda may be
obtained by contacting Parks and Community Services Department telephone number
indicated in the Notice to Bidders. Bids that do not acknowledge all applicable addenda
will be rejected as non-responsive. (See Item G in the Proposal.)
4. AWARD OF CONTRACT: The Contract may not necessarily be awarded to the lowest
bidder of the Base Bid. The Parks and Community Services Department shall evaluate
and recommend to the City Council the best bid based on the combined benefits of total
SPECIAL INSTRUCTIONS TO BIDDERS
- I -
bid price and number of contract days allotted, as specified in the Proposal, and which is
considered to be in the best interest of the City.
Regardless of the Alternative chosen,the Contractor agrees to complete the Contract
within the allotted number of days. If the Contractor fails to complete the work within
the number of days specified in the Construction Documents, liquidated damages shall be
charged as outlined in General Provisions, Item 8.6 Failure to Complete Work on Time,
found in the Standard Specifications for Street and Storm Drain Construction of the City
of Fort Worth, Texas. '
5. PAYMENT PERFORMANCE AND MAINTENANCE BONDS: The successful bidder
entering into a contract for the work will be required to give the City surety in a sum
equal to the amount of the contract awarded. The successful bidder shall be required to
furnish bonding as applicable in a sum equal to the amount of the contract awarded. The
form of the bond shall be as herein provided and the surety shall be acceptable to the
City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the
Texas Government Code, as amended.
A. If the total contract price is $25,000 or less,payment to the contractor shall be
made in one lump sum. Payment shall not be made for a period of 45 calendar
days from the date the work has been completed and accepted by the City.
B. If the contract amount is in excess of$25,000, a Payment Bond shall be
executed, in the amount of the contract, solely for the protection of all claimants
supplying labor and material in the prosecution of the work.
C. If the contract amount is in excess of$100,000, a Performance Bond shall be
executed, in the amount of the contract conditioned on the faithful performance of
the work in accordance with the plans, specifications, and contract documents.
Said bond shall solely be for the protection of the City of Fort Worth.
D. A Maintenance Bond shall be required for all Parks and Community Services
Department projects to insure the prompt, full and faithful performance of the
general guarantee as set forth in Division 1, Section 01700-Project Closeout, Item
1.02.
In order for a surety to be acceptable to the City, the surety must meet the requirements of
V. A. T. S Insurance Code, art. 7.19-1(c). Satisfactory proof of any such reinsurance
shall be provided to the City as outlined in the Notice To Bidders. The City, in its sole
discretion,will determine the adequacy of the proof required herein.
No sureties will be accepted by the City that are at the time in default or delinquent on
any bonds or which are interested in any litigation against the City. Should any surety on
the contract be determined unsatisfactory at any time by the City, notice will be given to
the contractor to that effect and the contractor shall immediately provide a new surety
satisfactory to the City
6. LIOUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General
Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain
SPECIAL INSTRUCTIONS TO BIDDERS
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Construction of the City of Fort Worth, Texas, concerning liquidated damages for late
completion of projects.
7 EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278
as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through
13-A-29)prohibiting discrimination in employment practices.
8 WAGE RATES: All bidders will be required to comply with provision 5159a of
"Vemons Annotated Civil Statutes" of the State of Texas with respect to the payment of
prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in
Contract Documents for this project. Disregard if Federal Wage Rates are applicable to
this project. If Federal Wage Rates are applicable to a project, the Contractor shall
comply with all items identified in the attached Contractor's Packet. For further
information regarding this packet, contact the Intergovernmental Affairs / Grants
Management Division, Finance Department at (817) 871-8365 or 871-8387
9. FINANCIAL STATEMENT: A current certified financial statement shall be provided to
the City as outlined in the Notice to Bidders for use by the CITY OF FORT WORTH in
determining the successful bidder. This statement is to be prepared by an independent
Public Accountant holding a valid permit issued by an appropriate State Licensing
Agency.
10. INSURANCE: Within ten days of receipt of notice of award of contract,the Contractor
must provide, along with executed contract documents and appropriate bonds, proof of
insurance for Workers Compensation(statutory); Comprehensive General Liability
($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance
($1,000,000 each accident on a combined single basis or$250,000 property
damage/$500,000 bodily injury per person per occurrence. A commercial business
policy shall provide coverage on"any auto", defined as autos owned, hired, and non-
owned). Additional lines of coverage may be requested. If such a request is made after
bid opening, Contractor shall be entitled to additional compensation equal to 110% of the
additional premium cost. For worker's compensation insurance requirements, see Special
Instructions to Bidders - Item 16.
ADDITIONAL INSURANCE REOUTREMENTS:
A. The City, its officers, employees and servants shall be endorsed as an additional
insured on Contractor's insurance policies excepting employer's liability insurance
coverage under Contractor's workers' compensation insurance policy.
B. Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid documents, 1000
Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on
the contracted project.
C. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
D. Each insurance policy shall be endorsed to provide the City a minimum thirty
days notice of cancellation, non-renewal, and/or material change in policy terms
SPECIAL INSTRUCTIONS TO BIDDERS
-3-
or coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
E. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
F. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
G. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
H. Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
1. 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 Mft
maintained by City shall not be called upon to contribute to loss recovery.
K. In the course of the project, Contractor shall report, in a timely manner, to City's
officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property
loss.
L. Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
M. Upon the request of City, Contractor shall provide complete copies of all
insurance policies required by these contract documents.
11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the
City of Fort Worth will not award this contract to a non-resident bidder unless the non-
resident's bid is lower than the lowest bid submitted by a responsible Texas resident
bidder by the same amount that a Texas resident bidder would be required to underbid a
non-resident bidder to obtain a comparable contract in the state in which the non-
resident's principal place of business is located.
"Non-resident bidder" means a bidder whose principal place of business is not in
this state,but excludes a contractor whose ultimate parent company of majority
owner has its principal place of business in this state.
SPECIAL INSTRUCTIONS TO BIDDERS
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"Texas resident bidder" means a bidder whose principal place of business is in this
state, and includes a contractor whose ultimate parent company or majority owner
has its principal place of business in this state.
This provision does not apply if the project is funded in whole or in part with federal
funds.
The appropriate blanks of the Proposal must be filled out by all non-resident bidders in
order for its bid to meet specifications. The failure of a non-resident contractor to do so
will automatically disqualify that bidder.
12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort
Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of
minority business enterprises and women business enterprises in City contracts. You may
obtain a copy of the Ordinance from the Office of the City Secretary.
The MEB/WBE Utilization Form, Subcontractor/ Supplier Utilization Form, Prime
Contractor/Waiver Form and the Good Faith Effort Form and or the Joint Venture Form,
as applicable, must be submitted no later than 5:00 p. m. five (5) City business days after
the bid opening date, exclusive of the bid opening date. The bidder shall submit the
documentation at the reception area of the Department of Engineering("Managing
Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall
render your bid non-responsive.
Upon contract execution between the City of Fort Worth and the successful bidder, now
known as Contractor, a pre-construction meeting will be scheduled at which time the
Contractor is required to submit either Letters of Intent or executed agreements with the
M/WBE firm(s)to be utilized on this project. Such Letters of Intent or executed
agreements shall include the following information:
1. Name of Contract
2. Name of M/WBE firm utilized
-. 3. Scope of Work to be performed by the M/WBE firm
4. Monetary amount of work to be performed by the M/WBE firm
5. Signatures of all parties
A notice to proceed will not be issued until the signed letter(s) or executed
agreement(s) have been received.
Throughout the duration of this project,the Contractor comply with the M/WBE
Ordinance by complying with the following procedures:
• A M/WBE Participation Report Form must be submitted monthly until the contract is
completed. The first report will be due 30 days after commencement of work. The
monthly report MUST have an original signature to ensure accountability for audit
s purposes.
• Reports are to be submitted monthly to the M/WBE Office, regardless of whether or
not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a
particular month,place a "0" or "no participation" in the spaces provided, and provide
SPECIAL INSTRUCTIONS TO BIDDERS
-5-
a brief explanation.
• The Contractor shall provide the M/WBE Office proof of payment to the M/WBE
subcontractors and suppliers only. The M/WBE Office will accept the following as
proof of payment:
1. Copies of submitted invoices with front and back copies of canceled check(s), OR
2. A notarized letter explaining,in detail:
a Subcontractor/supplier Scope of Work
b. Date when services were received from subcontractor/supplier
c. Amounts paid to the subcontractor/supplier
d. Original signatures from both parties must be included on this letter.
• If the Contractor foresees a problem with submitting participation reports and/or
proof of payment on a monthly basis,the M/WBE Office should be notified.
If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere
to the following:
1. Immediately submit a Request for Approval of Change Form to the M/WBE
Office explaining the request for the change or deletion.
2. If the change affects the committed M/WBE participation goal, state clearly how
and why in documentation.
a. All requests for changes must be reviewed and pre-approved by the M/WBE
Office.
b. If the Contractor makes change(s)prior to approval, the change will not be
considered when performing a post compliance review on this project.
• Upon the Contractor's successful completion of this project, and within ten days after
receipt of final payment from the City of Fort Worth, The Contractor will provide the
M/WBE Office with a Final Participation Report Form to reflect the total
participation from ALL subcontractors/suppliers utilized on the project.
• All forms are available at the M/WBE Office, 3rd floor- City Hall. For additional
information regarding compliance to the M/WBE Ordinance, call (8 17) 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, y
state or local laws or ordinances relating to false statements; further, any such
misrepresentation(other than a negligent misrepresentation) and/or commission of fraud
N
SPECIAL INSTRUCTIONS TO BIDDERS
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will result on the Contractor being determined to be irresponsible and barred from
participating in City work for a period of time of not less than three years.
13. PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to
the Contractor's operations including lawns, yards, shrubs, trees, etc., shall be preserved
or restored, after completion of the work, to a condition equal or better than existed prior
to start of work.
By ordinance, the Contractor must obtain a permit from the City Forester before any
work(trimming, removal, or root pruning) can be done on trees or shrubs growing on
public property including street Rights-Of-Way and designated alleys. This permit can
be obtained b calling alling�the Foresgy Office at 871-5705. All tree work shall be in
compliance with pruning standards for Class II Pruning as described by the National
Arborist Association. A copy of these standards can be provided by calling the above
number. Any damage to public trees due to negligence by the Contractor shall be
assessed using the current formula for Shade Tree Evaluation as defined by the
International Society of Arboriculture. Payment for negligent damage to public trees
shall be made to the City of Fort Worth and may be withheld from funds due the
Contractor by the City.
To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees
° shall be immediately sealed using a commercial pruning paint. This is the only instance
when pruning paint is recommended.
14. BIDDER'S STATEMENT OF QUALIFICATIONS
A. QUALIFICATION OF BIDDERS: Prime Bidder and all sub-contractors to be used
by the bidder in the performance of this project shall be required to demonstrate
experience necessary to successfully perform the proposed scope of work. The Prime
Bidders' specific (1) experience, (2) stability and(3)history of performance on
projects of a similar nature and scope will be considered. The BIDDERS
STATEMENT OF QUALIFICATIONS shall be provided to the City as outlined in
the Notice To Bidders and as noted in the specifications for the purpose of evaluating
the Prime bidder/subcontractors qualifications.
B. PRIME BIDDER/SUBCONTRACTOR QUALIFICATIONS
1. Demonstrate experience as either general or sub-contractor on a minimum of
three (3)projects similar in scope within the last three (3) years.
2. Provide listing of surety company(s)which issued bonds for previous projects
identified as demonstrated experience.
3. Provide name of surety company to be used for this project.
4. Provide a current certified financial statement as prepared by an independent
Certified Public Accountant.
5. Name and qualifications for the site superintendence of the work.
6. Identify at least 50%of work which is to performed by the Prime Bidder with its
own organization and work crews under its superintendence.
7. All sub-contractors intended for use on this project shall also demonstrate similar
project scope experience (three similar projects in scope within last three years)
necessary to successfully perform their respective portion of work on this project.
SPECIAL INSTRUCTIONS TO BIDDERS
-7-
8. Submittal of Letters Of Intent for the use of specific subcontractors listed on the
Bidders Statement Of Qualification form. The Prime Bidder shall submit such
Letters of Intent to the City no later than five(5)working days upon being
recognized as the overall qualified bidder by the City. Should the Prime Bidder
subsequently desire to substitute a subcontractor, the Prime Bidder shall notify the
Project Manager in writing along with Letter Of Intent and experience
qualifications for approval prior to commencement of construction.
The documentation required herein shall be received by the Project Manager of the
Parks and Community Services Department no later than five (5) City business days
after the bid opening date, exclusive of the bid opening date.
Recommendation of award of contract shall be contingent upon the Bidder and/or
sub-contractors meeting such qualification requirements.
Location and responsive ability of the firm will be considered.
If your firm anticipates entering into a joint venture with any other firm to conduct all
or part of the performance required under the proposed project, that firm should be
specified in your response. For each firm included in the joint venture,please provide
the information required above. Under the Contract executed for this work the City
will require your firm to be completely 100 percent responsible for fulfilling all
aspects of the contract bonds. Other firms and employees that may be involved in
their joint venture will be treated by the City under the contract as if they were
employees or subcontractors of your firm. Other than those firms noted in the
contract as a part of the joint venture,no other firms will be allowed to participate in
the joint venture without written consent from the City.
B. PLAYGROUND INSTALLATION AS PRIME PROJECT SCOPE
i
1. For projects in which the construction of playground area is the prime scope of
work,bidders must be able to demonstrate the following. Failure to adequately
demonstrate that the bidder meets these requirements may result in a
recommendation that the bid be rejected as non—responsive.
2. The prime bidder shall submit such documents as are necessary to establish that
the bidder has successfully and satisfactorily completed the construction and
installation of at least three(3)playground facilities within the immediate past
three(3) years for the state of Texas or other municipalities within the Dallas/
Fort Worth metroplex, such work to have included grading, sub surface drainage,
playground perimeter concrete edging, equipment and safety surface installation.
The documentation shall also demonstrate that the bidder completed the projects
within the contract time without the assessment of liquidated damages.
3. If the prime bidder has not performed work for the state of Texas or
municipalities within the Dallas/Fort worth metroplex,the bidder may still be
considered if it has completed three(3)park playgrounds within the last three (3)
years for private entities which included work as noted in B.1.
4. The prime bidder in addition shall provide information that discloses or
demonstrates the following:
SPECIAL INSTRUCTIONS TO BIDDERS
-8-
a. Name and qualifications for the site superintendence of the work.
b. Knowledge in appropriate task sequencing.
c. Intended staffing requirements to construct the work within the contract
time allowed.
15. OZONE ALERT DAYS: The Contractor shall be required to observe the following
guidelines relating to working on City construction sites on days designated as "OZONE
ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from
May through September, with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods
each day.
The Texas Natural Resource Conservation Commission (TNRCC) in coordination with
the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon
prior to the alert day. On designated Ozone Alert Days, the Contractor shall bear the
responsibility of being aware that such days have been designated Ozone Alert Days and
as such shall not begin work until 10:00 a.m. whenever construction phasing requires
substantial use of motorized equipment. However, the Contractor may begin work earlier
if such work minimizes the use of motorized equipment prior to 10:00 a.m.
If the Contractor is unable to perform continuous work for a period of at least seven hours
between the hours of 7:00 a.m. - 6:00 p.m., on a designated Ozone Alert Day, that day
will be considered as a weather day and added onto the allowable weather days of a given
month.
16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance
with Workers Compensation shall be as follows:
A. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project("subcontractor" 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 foodibeverage
vendors, office supply deliveries, and delivery of portable toilets.
SPECIAL INSTRUCTIONS TO BIDDERS
-9-
B. The contractor shall provide coverage,based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends Rom
during the duration of the project, the contractor must,prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended. -R
E. The contractor shall obtain from each person providing services on a project, and
provide to the City: No
(1) a certificate of coverage,prior to that person beginning work on the project, so
the City will have on file certificates of coverage showing coverage for all �*
persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
E. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
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
providing services on the project, for the duration of the project;
(2) provide to the contractor,prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees ,
of the person providing services on the project, for the duration of the project;
SPECIAL INSTRUCTIONS TO BIDDERS
- 10-
(3) provide the contractor,prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person or entity with whom it contracts, and provide to
the contractor:
(a) a certificate of coverage, prior to the other person or entity beginning work
on the project; and
(b) a new certificate of coverage showing extension of coverage,prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter.
PE (6) notify the governmental entity in writing by certified mail or personal delivery,
within ten days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. The providing
of false or misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the City to declare the contract terminated if the
contractor does not remedy the breach within ten days after receipt of notice of breach
from the City.
"The contractor shall post a notice on each project site informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Texas Workers'
Compensation Act or other Texas Workers' Compensation commission rules. This
notice must be printed with a title in at least 30 point bold type and text in at least 19
point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following
text,without any additional words or changes:
SPECIAL INSTRUCTIONS TO BIDDERS
- 11 -
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related
to this construction project must be covered by workers'compensation insurance.
This includes persons providing,hauling, or delivering equipment or materials, or ,
providing labor or transportation or other service related to the project, regardless of
the identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at(512) 440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer
has provided the required coverage, or to report an employer's failure to provide -
coverage."
END OF SECTION
i
i
SPECIAL INSTRUCTIONS TO BIDDERS
- 12-
PROPOSAL
TO: MR. GARY W. JACKSON
City Manager
Fort Worth, Texas
FOR: CONSTRUCTION AND INSTALLATION OF PARK IMPROVEMENTS FOR:
MORNINGSIDE PARK
PROJECT NO. GR76;'541200/080206845140
DOE NO. 4404
Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications,and
the site,understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor,
equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and
subject to the inspection and approval of the Parks and Community Service Department Director of the City of Fort
Worth.
The "approximate quantity" category is for information purposes only. The Contractor shall be paid on.the basis of
FN actual installed quantities on non lump sum items. Additionally,the Contractor shall be aware that the Proposal
contains both Lump Sum and Unit Price items.
If the lowest bid received exceeds the funds budgeted for the project,the City reserves the right to decrease the
quantities contained in any line item or to eliminate any specific line items before award of the contract in order to
bring the work within budget. By submitting a bid, the bidder acknowledges the City's right to adjust or eliminate line
items prior to the award of contract. Further,by submitting a bid,the bidder agrees to honor each line item bid price
without recourse to the City in the event line items are adjusted or eliminated.
Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish, if
applicable, Performance, Payment, and Maintenance Bonds approved by the City of Fort Worth for performing and
completing the said work within the time stated and for the following sums, to-wit:
BASE BID
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID
Unit One—Morningside
1. 1 LS Demolition and Removal of Existing
Fitness Equipment, Wood Benches, Wood
Tables, 6' Fencing, Concrete Slab and
Concrete Edging(sheet of 5) @
S..n.,11 ollars &
-7 C-3.0 Cents per LS $ Lump Sum $
2. 1 LS Excavation/Grading(sheet 3 of 5) @
fE).{.y--&t2 ovt.4vad Dollars &
7A-411 Cents per LS $ Lump Sum $ y���
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID
3. 1 LS Demolition/Removal of Existing Fence
Entrance. Installation of New 5' Fence. (sheet
2of5) @
E1e.%A�, Avu%&t . Dollars & 00
7AAd-7 Cents per SF $ Lump Sum $ )(W
4. 1170 SF Installation of Concrete Landing/Walk (5"
depth) (sheet 3 of 5) @
A,,,.-r., Dollars &
S:xO-t F. Cents per SF $ 3� $ ziZ7v—
5. 236 LF Concrete Mow Strip(sheet 3 of 5) @
f,-t ,. Dollars &
a qX--0 Cents per LF $ Z`')"� $ 56&`)Do
6. 1 EA HC accessible Ramp (sheet 4 of 5) @
Ave,la,&. At mb c2 Dollars &
-,e.✓y Cents per EA
7. 1 EA Installation of Project Sign (see Contractor's
Packet) @
S �L N&,&,,L 4vLJ Dollars &
,1,e4-A> Cents per EA
8. 1 LS Installation of Safety Surfacing Material w/
Wear Mats (sheet 4 of 5) @
r-'f'44 -J -rev. Dollars &
�-G✓� Cents per LS $ Lump Sum $
9. 1 EA Specified Play Structure Installed(sheet 4 Of
5) @ i.. ��ol s Te%4
?`""'�"•'Iti '`'�' �So�c' )'U�+'W Dollars &
* -TCe-o Cents per EA $ n,C4 0a, $ Zorn e-)Il��
10. 2 EA Specified Spring Animals Installed (sheet 4
of 5) @
,6"11.4 N -ud-a tt T" +t1lars &
Cents per EA $ Bzj�D $
11. 1 EA Specified Two (2) Bay Swing Installed (sheet
4 of 5) @
�j4'��ti jt..t,1 ,,,Z,,,G,c14 Aj��►�, Dollars &
L 4 $ 3
Cents per EA $ Roe �� Z90-
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BIL
12. 1 LS. Sub Drain/Head Wall Installation (sheet 4 of 5)
-rw,e1,4 c%S ub A y jvaA Dollars&
IZZ.-C"'t' Cents per LS $ Lump Sum
Unit One Total
Unit Two—Proposed Bid Alternates for Morningside Park
1. 1 EA Removal and Installation of Gametime 6'
Picnic Table (sheet 2 of 5) @
0vx4wb' t^ Dollars&
�t,+b Cents per EA
2. 1 LS Installation of Picnic Station; to include-•8"
ADA Picnic Table w/Cooker and 355 SF of
5" Concrete Sidewalk(Nsheet 3 of 5)@
lVa® vJ*-2 6-f Dollars&
"tt,-U Cents per EA $ Lump Sum $ ZZ
3. 2 EA. Installation of 6' Park Benches outside the
playground (sheet 3 of 5) @
Fcw KvK&tA 6 P'Hew, Dollars &
Cents per EA paid'
4 2 EA Installation of 6' Park Benches w/in
Playground(to be Field Located by PM) @
Dollars & --
Cents per EA
5. 1 LS Installation of 6' Park bench&6x10 Concrete -�
Pad(to be Field Located by PM) cc,,,,
-I-ve-o . $ Lump Sum 2y-
Unit Two Total
BID - RECAPITULATION
Unit One -Total Base Bid Cost for Morningside $ G8, 3 f3N So
Total Base Bid $ ( 3gySIP
Unit Two-Total Alternate Bid Cost for Morningside Park
Total Base Bid and Alternate -13, 74ySv
A, This contract is issued by an organization that qualifies for exemption pursuant to the provisions of Article 20.04(F)
of the Texas Limited Sales,Excise and Use Tax Act.
B. The Contractor performing this contract may purchase,rent or lease all materials,supplies,equipment used or
consumed in the performance of the contract by issuing to his supplier an exemption certificate in lieu of the tax,said
exemption certificate complying with State Comptroller's ruling tax, said exemption certificate complying with State
Comptroller's ruling#95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be
subject to the provisions of the State Comptroller's ruling#95.09 as amended to be effective October 2, 1968.
C. The undersigned assures that its employees and applicants for employment and those of any labor organization,
•� subcontractor or employment agency in either furnishing or referring employee applicants to the undersigned are not
discriminated against as prohibited by the terms of City Ordinance 7278,as amended by City ordinance 7400(Fort
Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices.
D. The undersigned agrees to complete all work covered by these contract documents within Thirty(30 )Working Dates
after the date for commencing work as set forth in the Notice to Proceed to be issued by the Owner and to pay not less
than the applicable wage rates incorporated into this document.
E. Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract
and will deliver applicable Surety Bonds for the faithful performance of this contract. The attached deposit check in
the sum of$!Dollars($!fP'6413 )is to become the property of the City of Fort Worth,
Texas,or the attached Bidder's Bond is to be forfeited in the event the contract and applicable bonds are not executed
within the time set forth,as liquidated damages for delay and additional work caused thereby.
F In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the
most advantageous price for construction thereof to the City or to reject the proposal.
G. Receipt is hereby acknowledged of the following addenda:
No. 1 No.2 No. 3 No.4
.. Respectfully submitted,
(Company Name)
By(Autkrized.Sl ature)
Date: 3, t\—of-)
Address: S 7L4 et y✓-.��c.�.rj4 1?�
Telephone: (el t
%a SEAL(if corporation)
vs
FM
an
vo
03/13/04 10:33 FAX $71 3724 CITY OF FT WORTH 0003/013
A. ATrACFAI r 1A
Pao 1 al4
FLIRT WD City of Fort Worth
SUbCanh actorWSuRpliem Ublization Form
- �L1oolAF+tt c�appRcaOle e�m a..�i.pa.�e -
PROX"NAEF— r+ok-wwmw
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� �� �:••� - t�rao�ecrrmur+�e
ldentify all subcontractwslsuppliers you will use on this project
15rnnpMe#e ti�l� in �L,+e�rety wd�h�r��ai�qii� ed /���i'�'�bo�i, �..�., aOf1 or befo a JF'-.W, Am I! i LRJS7 R'.5��' �� i 6 ��! •\lR��� �bid.
mul t ii ,bid t7eflg mriedr 1N I>d 'I
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bid
NWWBEs listed towod Beth Ow proaeot goal ama be located in the nine (9) manty m rke0plaw or
f=sah►doing bushmm in the Nrarto!ltplaoe at the tine of bid_ Madwobw Is the genWa c area of Ta mit,
ParW.Jatrmw%Cotes UWlas.Da kr%gis.KaLinan and Rockwall rMMiiea.
!may Tier i %vL .r ar is
the' I {arl/ i.e
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i�#�ppieris�2�'fier �I.' � ;�i �'�' ''�" Ili ;�� � •°;'i;l;slll
ALL MJWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
GrtNbistion ffeans grasp FwnM located of& tg Nmkm s at the time of bd gmnkg w-t hh the Ibdodp We,that have
been dptwnbW to be basdide onim ity or ma nm tuinesm by the NoM CemW Tom Pagimta6 fiication
Agency @=FtC4 or Do Twos DeRartn!rerrt of TrarsparWw(TX 00-r� h#wmy dm9m. Dmadvartaged Bumees
Entap ow(DBE)is syawymaus wig IIA wwftM►amen Busies Enftrpriw(KWEE7
N, ariiig sei�frirties ahe u6id� the Prrirrl ventI,ygi ad as l �I1�° ate'
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02/15/04 10:25 FAX 871 5724 CITY OF FT WORTH 0004/012
4
03-18-04A09 : 31 ATTACHMEP"IA
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PMinm a e wind b-P 0%► L of dako;La. N8f►women sod m n4NWBE&
Please 1st WWBE finm use Ml - Wwoft H necesmy.
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fdred�� �
PPLER T
CUMPWNY Maws i Hi T DOW Dslwl
Address • r w C A I 3Wbooe0ra[f a Vfw er k Supphw Pl-chins Dar Aiemm
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50 �M,✓C�y, IZ- d 9u�
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03/15/04 10:33 PAZ 871 5724 CITY bF Pr WORTH Qooa/013
ATTACHMWr 1A
03-18-04A' 9 : 31 Pap 4 014
Total Dour Amourit of MWBE Srr $ /0, 700 ev
Total collar Amotnt of Non-MM BE SubcontradwaMuppliers $ 30, �j v_o
Toro MU-M AMOL*r of M.L SUMMIRACTOMMIPPUMS $
The Car}trractbfi +nof r ehce�aldiiibioris,d�tior�s.rors-ubsti�nii is" +c +retied ����.1'L/yL�t> Prior
pf t1<Irr and Vtfonirierr BuSin=. �.."r 1t1 odo tt� Sq�mWal of a
A�r*W �
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fbr' of G19n-P dB�Dni � 'I t�,�i �
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d1all tmbnh,a, 4a''& q V'var the,regr d " !pr VA afEeat the
MNM 92e detail its ilot .4viM ' final aetr
By affb'9 a s9nat re i4 this farm, the Offeror fi~ agrees to provide, dirm*to the City upon request,
complete and acarabe irdomilion regarding actua l work parfomred by alt subcontractors, including
MAN/DBE(s) arrangen>erds submitbed with the bid. The Offeror also agrees to allow an audit and/or
wwrntna6on of any books, records and files held by their con 1. The bidder agrees to allow the
tranwnimm of interviews with owners. principals, officers, employees and applicable
subcontraclorshajWWWcontractors participating on the contract that will su6sftrdmte the ac#u d work
parfamned by do fuVWMFJE(s) on this contract by an authorised officer or employee of the may- Any
inberttiorrad and/or knowing 11 eprasentation of fads will be grounds for terminating the conWd or Ott
from City worts for a period of not less than three (3) ywm and for inirla ft 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 in eSpvnsible Offww and barred from participating in
Cky work far a period of time not less than one(1)year.
'� TMip �Rao.rTltle�ilerenq �'°�
ZOMP a Uiiiiii. TirlwrMarr..rallbrF�oc
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02/15/04 10:36 FAX 871 5724 CITY OF FT WORTH 0007/013
ATTACHP ENT 1 B
FoRTWQRTH 03_i8`04g09: page1of1
City of Fort Worth 32
P 'me Contractor MIVOE Eom
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it both answers to this form are YES,do not complete ATTAGFMENr 1C(Good Fadh Effort Forms AN quesdon6 an
Us form must be completed and a detabd egml vubon provided, if applicable. If the answer to edher gLvsGon w
NO,then you MUg complete ATTACHMENT 1 C. This form is only appficabie if bM anavrmers are yes.
RF' hA1�0A1, 1 .IV 1• a�I` N'}"9�IlnlIhl1 il.l 'let rt 4tl, 1, N 11' ql 'r XI 1 111 ,,4L f_]ll !9 1111 \ n I^I
i �u .IMi IAI4 i11 i I�„I i ..'T 11” 1�
WE Yr PofO on dds ore conbont wkhmt$u-001 /8
yes
ff yore,please provide a detwood eocpiarmatiorm that proves tamed on the sim a d scrape of Ir:s prajeck No
t w is rramrai busirmer,5 Std en 1 of txismrwan.
V MI)vu p Imwel this aura oOnhaCl wOboat strppile�? YES
ff yea.please pwide a delayed e>�1, 1 '-on that proves based an the stm and scope of this pmoleM
VO is yow nomr d business prac6oe and pwvtle an irvwrlary pnAa of your bu,sirress. NO
Time bKkler further agrees to provkkt d6edly to the Cly upon request, complete and a wurale irrfammatbn
regarding actual work pe tsamxmed by all suboontraclors.wx kmft MIWBE(s)an this contract,the paymerd ffawefore
and any proposed changes to the original IMANBE(s) arrangements submitlsed with this bid. The bidder also
agrees to allow an audit arWor examinadon of arty books, records and flies held by their company that will
90stanUM the ach warts performed by the MOBEs on this eorttracf; by an auftwmed officer or employee of
the CKy.Any Rtaltkx andkw knowing mimip assnlul of facts will be grorurds for twff*%WV the cw act or
debarment irnm City work for a period of not less then three(3)Years and for iruliatiny action under Federal,Slate
or local Ism concerning false stater w tor. Any failure to comply with this ordinance crimes a maferi-al bruach of
contract may result in a determination of an m m sponsibte offeror and barred from perbcipabng in City work for a
period of tune not leas than are(1)year_
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End Aften
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03/15/04 10:36 FAX 871 8724 CITY OF FT WOM 6008/013
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If the bidder's method of compUame with the MANBE goal is based upon demonstration of a
°good faith et'fort", the bidder wUl haw the burden of com dly and accurAely propoft and
submitting the documentation required by the City. CompUanoe with each item,i thru 6 bekm.
shaU satisft/ the (loot! Faith Effort rdquirmnent absent proof of fraud, intentional andlor
knowerg mim epre orr the facts or IrrtwWlvnal discrimination by the bidder.
FaMUM b aba ttii lornti in # errE 14, doa dio�c. aAr •eQ�iv btr {he
Marragirg oaputrrierrt on or trarors xtlo par.. (5)Cky business d"t kwm bWiopailriq.a6odrrsiae af,bid
opening dab--"insult iiP the bid behm to:bj�scion
I
I.j please list eaeh and every srabcwhactirg arrdiar suppler oppo hodW for the cornpMon of ttri:
project,rogardfms of vAmd er It Is to be provided by a NLMSE or rNK*4L%W-MQ NOT UST NAME,,
� On Coned PrlojecU6 ON tech sulmonVactft and or auppger opportun f�'through tlw
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list d S M---OppmbwKms List or S rppiier QPP
6
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now.65136100
Joint Venture
FORT WORTH Page 1 of 3
CITY OF FORT WORTH
�- Joint Venture Eligibility Form
Al!questions must be answered,use"NA"if applicable.
Name of City project: .
A joint venture form must be completed on each project
RFPBid/Purchasing Number:
3 1.Joint venture information:
Joint Venture Name:
Joint Venture Address:
(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 each firm comprising the
joint venture
M/WBE firm Non-M/WBE
name: firm name:
Business Address: Business Address:
s City,State,Zip: City,State,Zip:
Telephone Facsimile E-mail Telephone Facsimile
Cellular Cellular
Certification Status: E-mail address
Name of Certifying Agency:
T 2. Scope of work performed by the Joint Venture:
Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE:
Joint Venture
Page 2 of 3
3. What is the percentage of NI/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 the day-to-day
management and decision malting of the joint venture:
Financial decisions
(to include Account Payable and Receivable):
w
Management decisions:
a. Estimating
----------------------------------------------
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
MNVBE 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.
Joint Venture
Page 3 of 3
sr
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--misre- presentation of facts.
- ----------------------------------- ----- --- ---------------------------------------------------------------------------------------------------------------------------------
Name of M/WBE firm Name of non-M/WBE firm
Printed Name of Owner Printed Name of Owner
01P Signature of Owner Signature of Owner
Printed Name of Owner Printed Name of Owner
MW
Signature of Owner Signature of Owner
Title Title
Date Date
Notarization
State of County of
On this day of , 20 ,before me appeared
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.
r
Notary Public
Print Name
Notary Public
Signature
Commission Expires (sea4
WAIS Document Retrieval Page 1 of 3
GENERAL DECISION: TX20030045 TX45
Date: June 13, 2003
General Decision Number: TX20030045
Superseded General Decision No. TX020045
State: TEXAS
Construction Type:
HEAVY
HIGHWAY
w =County(ies) :
COLLIN GRAYSON ROCKWALL
DALLAS JOHNSON TARRANT
DENTON KAUFMAN WICHITA
ELLIS PARKER
HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY.
HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES
Modification Number Publication Date
0 06/13/2003
COUNTY(ies) :
COLLIN GRAYSON ROCKWALL
DALLAS JOHNSON TARRANT
DENTON KAUFMAN WICHITA
ELLIS PARKER
SUTX2043A 03/26/1998
Rates Fringes
AIR TOOL OPERATOR $ 9.00
ASPHALT RAKER 9.55
ASPHALT SHOVELER 8.80
BATCHING PLANT WEIGHER 11.51
�r. CARPENTER 10.30
CONCRETE FINISHER-PAVING 10.50
CONCRETE FINISHER-STRUCTURES 9.83
CONCRETE RUBBER 8.84
ELECTRICIAN 15.37
FLAGGER 7.55
FORM BUILDER-STRUCTURES 9.82
FORM LINER-PAVING & CURB 9.00
FORM SETTER-PAVING & CURB 9.24
FORM SETTER-STRUCTURES 9.09
LABORER-COMMON 7.32
LABORER-UTILITY 8.94
MECHANIC 12.68
OILER 10.17
SERVICER 9.41
PAINTER-STRUCTURES 11.00
PIPE LAYER 8.98
BLASTER 11.50
ASPHALT DISTRIBUTOR OPERATOR 10.29
ASPHALT PAVING MACHINE 10.30
BROOM OR SWEEPER OPERATOR 8.72
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WAIS Document Retrieval Page 2 of 3
BULLDOZER 10.74
CONCRETE CURING MACHINE 9.25
CONCRETE FINISHING MACHINE 11.13
CONCRETE PAVING JOINT MACHINE 10.42
CONCRETE PAVING JOINT SEALER 9.00
CONCRETE PAVING SAW 10.39
CONCRETE PAVING SPREADER 10.50 .�
SLIPFORM MACHINE OPERATOR 9.92
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL 11.04
FOUNDATION DRILL OPERATOR E
CRAWLER MOUNTED 10.00
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED 11.83
FRONT END LOADER 9.96
MILLING MACHINE OPERATOR 8.62
MIXER 10.30
MOTOR GRADER OPERATOR
FINE GRADE 11.97
MOTOR GRADE OPERATOR 10.96
PAVEMENT MARKING MACHINE 7.32
ROLLER, STEEL WHEEL PLANT-MIX
PAVEMENTS 9.06
ROLLER, STEEL WHEEL OTHER
FLATWHEEL OR TAMPING 8.59
ROLLER, PNEUMATIC, SELF-PROPELLED 8.48
SCRAPER 9.63
TRACTOR-CRAWLER TYPE 10.58
TRACTOR-PNEUMATIC 9.15
TRAVELING MIXER 8.83
WAGON-DRILL, BORING MACHINE 12.00
REINFORCING STEEL SETTER PAVING 13.21
REINFORCING STEEL SETTER
STRUCTURES 13.31
STEEL WORKER-STRUCTURAL 14.80
SPREADER BOX OPERATOR 10.00
WORK ZONE BARRICADE 7.32
TRUCK DRIVER-SINGLE AXLE
LIGHT 8.965
TRUCK DRIVER-SINGLE AXLE
HEAVY 9.02
TRUCK DRIVER-TANDEM AXLE -"
SEMI TRAILER 8.77
TRUCK DRIVER-LOWBOY/FLOAT 10.44
TRUCK DRIVER-TRANSIT MIX 9.47
TRUCK DRIVER-WINCH 9.00
VIBRATOR OPERATOR-HAND TYPE 7.32
WELDER 11.57
---------------------------------------------------------------- ,w
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses a'
(29 CFR 5.5 (a) (1) (ii) ) .
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
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WAIS Document Retrieval Page 3 of 3
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, D. C. 20210
if
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
06 U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
41a 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
s* Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
C
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2002 AGC North Texas Construction Industry Wage Survey
Average Hourly Health & pension Vacation Total
Classification Rate Welfare i Package
AC Mechanical $17.55 $1.67 $0.38 $0.21 $19.81
�r
AC Mechanical Helper - $10.74 $1.70 $0.28 $0.18 - $12_90
Acoustic Ceiling Installer $14.26 $0.38 $0.20 $0.15 $14.99
Acoustic Ceiling Installer Helper $10.53 $0.20 $0.14 $0.09 $10.96
Bricklayer/Stone Mason $19.29 $1.62 $0.33 $0.00 $21.24
Bricklayer/Stone Mason Helper $13.07 $0.35 $0.00 $0.00 $13.42
Carpenter $15.76 $1.17 $0.47 $0.36 $17.76
Carpenter Helper $11.69 $0.46 $0.27 $0.22 $12.64
Concrete Finisher $14.29 $0.40 $0.22 $0.00 $14.91
Concrete Finisher Helper $10.09 $0.20 $0.00 $0.00 i $10.29
Concrete Form Builder $12.46 $0.36 $0.03 $0.02 $12.57
Concrete Form Builder Helper $8.81 $0.00 $0.07 $0.04 $8.92
Drywall Taper $13.25 $0.89 $0.68 $0.32 $15.14
Drywall Taper Helper $8.00 1 $0.00 I $0.25 $0.25 $8.50
Electrician $19.79 $1.88 $0.32 $0.61 $22.60
Electrician Helper $12.95 $1.59 $0.13 $0.19 $14.86
Electronic Technician $20.06 $1.31 $0.79 $1.34 $23.50
"Electronic Technician Helper $12.27 $1.07 $0.79 $1.59 $15.72
Floor Layer(Carpet) $15.17 $0.60 $0.32 $0.17 $16.26
loor Layer(Resilient) $15.94 $0.00 $0.00 $0.00 $15.94
Floor Layer Helper $11.00 $0.00 $0.00 $0.00 $11.00
Glazier $14.35 $0.92 $0.16 $0.40 $15.83
iGlazier Helper $10.32 $0.85 $0.23 $0.21 $11.61
3ipe Insulator $15.05 $0.94 $0.76 $0.14 $16.89
ipe Insulator Helper $10.12 $1.13 $0.12 $0.00 $11.37
_aborer Common $9.21 $0.54 $0.07 $0.09 $9.91
.aborer Skilled $11.59 $0.82 $0.04 $0.16 $12.61
1OR12002
G-AGC 2002 Wage Survey 2002 Building Trades 1
2002 AGC North Texas Construction Industry Wage Survey
Classification Average Hourly Health & pension Vacation Total
Rate Welfare Package
Lather $15.94 $0.23 i $0.02 $0.17 $16.36
Lather Helper $11.12 $0.45 $0.04 $0.33 $11.94
Metal Building Assembler $14.29 $5.62 $0.99 $0.49 $21.39 -
Metal Building Assembler Helper $9.33 ( $2.60 $0.04 $0.14 $12.11
Painter $12.86 $0.89 $0.62 $0.16 $14.53
Painter Helper $8.66 $0.50 $0.31 $0.06 $9.53
Pipefitter $18.22 $1.59 $0.39 $0.41 $20.61
Pipefitter Helper $12.90 $1.72 $0.09 $0.43 $15.14
Plasterer $16.16 $0.75 $0.02 $0.18 ! $17.11
Plasterer Helper $9.98 $0.29 $0.02 $0.21 $10.50
Plumber $19.25 $1.53 $0.49 $0.20 $21.47
Plumber Helper $11.74 $1.18 $0.18 $0.21 $13.31
Reinforcing Steel Setter $13.00 $0.00 ! $0.00 $0.00 $13.00
Reinforcing Steel Setter Helper ! $9.31 $0.00 $0.00 $0.00 $9.31
Remediation Worker $11.75 i i
$0.00 , $0.00 $0.00 $11.75
Roofer $15.33 $0.52 $0.00 $0.06 $15.91
Roofer Helper $10.24 $0.44 1 $0.00 $0.00 0 $10.68
' I
Sheet Metal Worker $15.73 $1.62 $0.36 $0.29 $18.00
Sheet Metal Worker Helper $10.53 $1.38 $0.30 $0.24 1 $12.45
Sheetrock_Hanger $13.37 $0.43 $0.12 $0.26 $14.18
Sheet rock Hanger Helper _ $9.48 $0.16 $0.01 $0.11 $9.76
Fire Sprinkler Fitter $17.86 $2.17 $0.91 $0.30 $21.24
Fire Sprinkler Fitter Helper $13.33 $2.18 $0.66 $0.41 $16.58
Steel Worker Structural $16.20 $1.18 $0.30 $0.15 $17.83
Steel Worker Structural Helper $2.05 $0.51 $0.16 $14.43
Concrete Pump $17.00 $0.00 $0.00 $0.15 $17.15
la
Crane, Cmshell, Backhoe, - - ---
Derrick, D'Line Shovel $16.07 $1.11 $0.30 $0.05 $17.53
10/7/2002 R
G-AGC 2002 Wage Survey 2002 Building Trades 2
2002 AGC North Texas Construction Industry Wage Survey
Op Classification Average Hourly Health & pension Vacation Total
Rate Welfare Package
Forklift $12.62 $0.91 $0.36 $0.05 $13.94
Foundation Drill Operator $17.55 $1.23 $0.41 $0.00 $19.19
Front End Loader $13.27 $0.58 $0.00 $0.04 $13.89
Truck Driver $12.66 $0.79 $0.13 $0.11 $13.69
Welder $15.88 $0.93 $0.02 $0.21 $17.04
Welder Helper $11.25 $0.45 $0.05 $0.17 $11.92
10/7/2002
G-AGC 2002 Wage Survey 2002 Building Trades 3
City of Fort Worth
Intergovernmental Affairs and Grants Management (IAGM)
Community Development Block Grant (CDBG) Funded
Construction Projects
Table of Contents
PAGE
I. Pre-Construction Conference Minutes .............................................................. 1 -3
II. Contractor/Sub Information Forms ................................................................. 4-5
III. Start of Construction Form .............................................................................. 6
IV. Construction Complete Form........................................................................... 7
V. City of Ft.Worth Finance Department,Affirmative Action Plan: ............................ 8-22
Section 3 of the Housing and Urban Development Act of 1968
A. Section 3 Attachment Forms
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
VI. Statement of Policy on Equal Employment Opportunity Form.................................... 23
VII. Department of Housing and Urban Development Contract Requirements .................. 24-38
Executive Order 11246,Equal Opportunity Clause; Section 202
A. Executive Order 11246 Forms
1. Certification and Acknowledgment Form.................................................. 39
2. Certification of Bidder Regarding Equal Employment Opportunity Form............ 40
3. Certification Regarding Lobbying Form ................................................... 41
4. Certificate of Owner's Attorney Form...................................................... 42
VIII. U.S.Department of Labor Wage and Hour and Public Contract Divisions
A. Instructions for Completing Payroll form WH-247 ...........................................43-45
tr. B. U.S.Department of Housing and Urban Development
1. Certificate from Contractor Appointing officer or employee to Supervise Payment of
EmployeesForm ................................................................................. 46
2. Payroll Form..................................................................................... 47
3. U.S.Department of Labor Statement of Compliance Form 48
4. Employees Statement of Work Verification Form.......................................... 49
5. Payroll Deduction Authorization Form....................................................... 50
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 -53
X. How to Complete Payroll Forms
XI. Equal Employment Opportunity Poster
XII. U.S.Department of Labor Poster
XIII. Project Designation Sign
City of Fort Worth
Intergovernmental Affairs and Grants Management (IAGM)
Community Development Block Grant (CDBG) Funded
Construction Projects
Due Required Forms and Dates
WHO COMPLETES DUE SUB PRIME
FORM SUBMIT SUBMIT TO:
REQUIRED FORM TO:
All those who attend Keep For Your Records FILE FILE
Pre-Construction Meeting meetine si(-Tn
Contractor I Sub Contractor and All Subs Before the Start of PRIME IAGM
Information Constriction Monitor
Start of Construction Form CONTRACTOR At the Start of Construction PRIME IAGM Monitor
Construction Complete CONTRACTOR After completion of PRIME IAGM Monitor
Form construction
Section 3 Attachment Forms CONTRACTOR AND Complete and Return PRIME IAGM Monitor
• Attachment B Self- SUBCONTRACTORS Within Seven(7)Days of
Certification Form Receipt
• Attachment D
Statement of Release
Form
• Attachment E
Preliminary Statement
T of Workforce Needs
Form
Statement of Policy on CONTRACTOR AND Complete and Return PRIME IAGM Monitor
Equal Employment SUBCONTRACTORS Within Seven(7)Days of
Opportunity Form Receipt
CONTRACTOR AND Complete and Return PRIME IAGM Monitor
VP Certification and SUBCONTRACTORS Within Seven(7)Days of
Acknowledgement Form Receipt
U.S.Department of Housing CONTRACTOR AND Complete and Return PRIME IAGM Monitor
and Urban Development SUBCONTRACTORS Within Seven(7)Days of
• Certification of Bidder Receipt
Regarding Equal
Employment
Opportunity Form
• Certification Regarding
Lobbying Form
• Certificate of Owner's
Attorney Form
CONTRACTOR AND Complete and Return PRIME IAGM Monitor
SUBCONTRACTORS Within Seven(7)Days of
PP U.S.Department of Housing Receipt
and Urban Development
• Certificate from
Contractor Appointing
officer or employee to
Supervise Payment of
Employees Form
City of Fort Worth
Intergovernmental Affairs and Grants Management (IAGM)
Community Development Block Grant (CDBG) Funded
Construction Projects
WHO COMPLETES DUE SUB PRIME
FORM SUBMIT SUBMIT TO:
REQUIRED FORM TO:
The prime contractor Beginning the first week PRIME IAGM Monitor
should review ea. your company works on a
Payroll Forms Subcontractor's payroll project and for every week w
You are not required to use reports for compliance afterward until your firm
Payroll Form WH-347. You prior to submitting the has completed its work.
may use any other type of reports to IAGM. Number the payroll reports
payroll,such as computerized an
formats,as long as it has all of beginning with# I Initial
the information that is required and clearly mark your last
on the WH-347. payroll "Final."
U.S.Department of Labor CONTRACTOR AND Attach to the weekly payroll PRIME IAGM Monitor .�
Statement of Compliance SUBCONTRACTORS with original signature
Form
CONTRACTOR AND Required when employee is PRIME IAGM Monitor
SUBCONTRACTORS used in more than one
classification,and specify
Employees Statement of different rates of pay during
Work Verification Form any payroll period
EMPLOYEES MUST Only one employee PRIME ]AGM Monitor
AUTHORIZE ALL authorization is needed for
DEDUCTIONS recurring deductions.This
should accompany the
Payroll Deduction FIRST payroll on which the
Authorization Form deduction appears
U.S. Department of HUD SUBCONTRACTOR Before start of work PRIME IAGM Monitor
Community Block Grant
Input Subcontractor's
Certification Concerning
Labor Standards and
Prevailing Wage
-Requirements Form
NOTICE TO ALL CONTRACTOR Post on site at the start of POST POST
EMPLOYEES MUST POST construction
Working on Federal or
Federally Funded Finance
Construction Projects
Equal Employment CONTRACTOR Post on site at the start of POST POST
Opportunity Poster MUST POST construction
U.S.Department of Labor
Poster
CONTRACTOR Post on site at the start of POST POST
MUST POST construction
Project Designation Sign
PRIME CONTRACTOR FORWARDS ALL FORMS TO
THE IAGM MONITOR
PRECONSTRUCTION CONFERENCE MINUTES
DATE: TIME:
LOCATION:
PROJECT NAME:
LOCATION OF PROJECT:
PROJECT NUMBER:
CONTRACT AMOUNT:
ATTENDEES
NAME NAME & ADDRESS OF FIRM TELEPHONE
NUMBER
A preconstruction conference was held on the above date to discuss labor standards requirements applicable
to this project. The attendees, as listed above,were provided the following information.
The"CONTRACTOR INFORMATION" form required of the contractor and all subcontractors should be
completed and submitted before starting construction.
Section 3 Plans must be completed by contractors and subcontractors having contracts over the amount of
S10,000.
Written affirmative action plans must be submitted by the contractors and subcontractors having contracts
over the amount of$50,000 and employing more than 25 non-construction employees. The plans should address the
contractor's intent to hire and train minorities and females on an equal basis as any other group.
Executive Order 11246, included in the contract document, should be followed as closely as possible.
fry
v
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
w minimum wages, overtime pay,child labor standards and prohibits 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 staff are not to be prevented from conducting such
interviews.
The suggested payroll form is WH-347,Payroll. All other payroll forms must be approved by HUD prior to
use. Payrolls must be submitted to the Finance Department within seven days after a pay period ends. A pay period
is seven(7)consecutive days. Payrolls must be original and must be completely executed. The signature must be
that of owner,partner,officer of authorized individual,and must be an original ink signature. It is suggested that
blue ink be used. The certification dates must cover the seven (7) day period. "A CERTIFICATION FROM
CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES"
..� form must be submitted.
The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and
mechanics employed upon the work covered by this contract are to be maintained during the course of work and
preserved for a period of three years thereafter.
Liquidated damages will be assessed for failure to pay overtime. The assessment amount is$10 per day per
violation. Overtime begins on this project after 40 hours per week. Additionally,wage restitution must be paid to
any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the
prescribed hourly rate of pay.
Employees must be classified and paid according to the classifications and rates prescribed by the applicable
wage decision. The decision which is applicable to this project is . The wage decision must be posted
Plat 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
erform work on the project must be shown on the vaffoll. 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, they must be certified by the Bureau of
Apprenticeship & Training and the allowable ratio of apprentices to journeyman must not be exceeded.
■ Payrolls are required for weeks in which no work is performed labeled "NO WORK PERFORMED".
The first payroll furnished must show "INITIAL" in the payroll number block. ikowise, th 11
must show "FINAL". Subsequent payrolls following the initial payroll must be number d s qli' itt a _ inn ng
with number 2, including payrolls labeled "NO WORK PERFORMED".
Any person who is employed on a piece work basis must be shown on the payroll. The hours worked each
day and total hours for the week must be shown. The hourly rate of the piece worker must equal or exceed the
prescribed hourly rate for the particular work classification.
ps
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 classification 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.
The staff person who will monitor this project for compliance with labor requirements is Greg Jordan or
Tamika Barr. Any questions concerning labor requirements should be directed to him/her at(817)871-8387(817)
871-8365. Questions should be directed through the general contractor who is ultimately responsible for the
fulfillment of these obligations
Submitted by: Contact Person:
City of Fort Worth
NAME Intergovernmental Affairs & Grants Management
Tamika Barr/Greg Jordan
1000 Throckmorton Street
Fort Worth, Texas 76102
DATE (817) 871-8365
3
CONTRACTOR INFORMATION
Date
PROJECT:
1. Contractor:
2. Address:
3. City:
4. Telephone: Fax:
5. Federal I.D. #:
6. Officers of the Corporation:
dip President: W r
I -White American
2-Black American
u1Ce President: 3-Native American
�Mr 4-Hispanic American
Secretary: 5-Asian/Pacific American
6-Hasidic Jew
Treasurer:
7. If sole owner or partnership, list owner(s):
I certify at the time of execution, hereof, neither my company nor my corporate officers (if
incorporated)are listed in the list of Debarred,Suspended,and Ineligible Contractors maintained by
the Department of Housing and Urban Development(HUD).
Signature
4
SUBCONTRACTOR INFORMATION
i
(To be completed by contractor)
Date
PROJECT:
i
1. Subcontractor:
2. Contract Amount:
3. Address:
3. City:
4. Telephone: Fax:
5. Federal I.D. #:
Racial/Ethnic Ownershi :
I -White American
2-Black American
3-Native American
4-Hispanic American
5-Asian/Pacific American
6-Hasidic Jew
5
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START OF CONSTRUCTION
PE
(Date)
Project Name:
Project Location:
Project Number:
U.S. Department of Labor Wage Decision: _
This is to inform you that the
� (Name of Company)
on of , ,
(Address) (City/Town)
has started work on the above referenced project covered by our
(State) (Zip)
Op contract with you, as of
(Date)
Respectfully yours,
(Name of Company)
By
(Signature)
(Title)
6
CONSTRUCTION COMPLETE
Project Name:
Project Location:
i
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)
By
(Signature)
-7-
City of Fort Worth.
Finance Department
Affirmative Action Plan Under
Section 3 of The
Housing and Urban Development Act of 1968
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Table of Contents
Part I: Purpose and Background Information Page
1. Summary Explanation and Purpose.....................................................10
2. Geographical Applicability 10
3. Applicability to Businesses..................................................................10
4. Applicability to Individuals .................................................................11
Part H: Selection of Subcontractors and Vendors
1. Procedures ......................................................................................13
2. Sources for Locating Section 3 Covered Businesses...........................13
3. Required Contract Clauses............................................................ 13 -14
Part III: Hiring Trainees and Employees
1. Procedures ......................................................................................15
2. Good Faith Efforts ...............................................................................16
Part IV: Compliance and Consequences
1. Monitoring of Requirements................................................................16
2. Grievance Procedures .................................................................. 16 - 17
3. Sanctions ......................................................................................17
Part V: Attachments
1. Self-Certification Form...............................................................................20
2. Statement of Release...................................................................................21
3. Preliminary Statement Work Force Needs..................................................22
9
City of Fort Worth
Fiscal Services Department
Intergovernmental Affairs and Grants Management Division
Affirmative Action Plan Under
Section 3 of the
Housing and Urban Development Act of 1968
PART I: PURPOSE AND BACKGROUND INFORMATION
*., -------------------------------------------------
1. Summary Explanation and Purpose:
P, 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 of 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 which will be followed by the City of Fort Worth's Fiscal
Services Department, Intergovernmental Affairs and Grants Management Division("IAGM") and all
its CDBG Contractors to accomplish these purposes. Specific regulations governing Section 3 are
set out in 24 CFR 135.
r2. Geographical Applicability:
For the Community Development Block Grant Program, Section 3 is applicable to all
ractivities taking place within the corporate limits of the City of Fort worth, Texas. Within this
"Section 3 covered area", the IAGM Target areas are considered priority areas. The Target areas
include the following 1990 census tracts/block group numbers:
1001.01/1, 1001.01/3, 1001.01/4, 1001.01/6, 1001.02/4, 1001.02/5, 1001.02/6, 1002.01/1,
1002.01/2, 1002.01/3, 1002.01/4, 1002.02/1, 1002.02/2, 1002.02/3, 1002.02/4, 1002.02/5,
1003/1, 1003/2, 1003/3, 1003/4, 1003/5, 1003/6, 1004/1, 1004/2, 1004/3, 1004/4, 1004/5,
1004/6, 1005.01/1, 1005.01/2, 1005.01/3, 1005.01/4, 1005-0115, 1005.01/6, 1005.02/1,
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City of Fort Worth Affirmative Action Plan
1005.02/2, 1005.02/3, 1005.02/4, 1005.02/6, 1005.02.7, 1006.02/2, 1006.02/3, 1007/1,
1007/2, 1007/3, 1007/5, 1008/1, 1008/2, 1008/3, 1008/4, 1008/5, 1009/1, 1009/2, 1009/3,
1010/1, 1010/2, 1011/1, 1011/2, 1011/3, 1011/4, 1012.01/1, 1012.01/2, 1012.02/2, 1012.02/3
1012.02/4, 1012.02/5, 1012.02/6, 1013.01/4, 1013.02/2, 1013.02/3, 1013.02/4, 1014.02/1,
1014.02/2, 1014.02/3, 1014.02/4, 1014.03/2, 1014.03/3, 1014.03/4, 1014.03/5, 1014.03/6,
1014.03/7, 1015/2, 1015/3, 1015/5, 1016/1, 1016/2, 1017/1, 1017/2, 1017/3, 1018/1, 1018/2,
1020/1, 1020/2, 1021, 6, 1021/7, 1023.01/1, 1023.01/2, 1023.01/3, 1023.01/4, 1023.02/4,
1023.02/5, 1024.01/4, 1024.01/5, 1024.01/6, 1025/1, 1025/2, 1025/3, 1025/4, 1025/5,
1025/6, 1026/4, 1026/6, 1026/7, 1026/8 1027/1, 1027/2, 1028/1, 1029/1, 1029/2, 1029/3,
1030/1, 1030/2, 1030/3, 1031/1, 1032/1, 1033/1, 1033/2, 1033/3, 1033/4, 1034/1, 1034/2,
1034/3, 1035/1, 1035/2, 1035/3, 1035/4, 1035/5, 1035/6, 1035/7, 1036.01/1, 1036.01/2,
1036.01/3, 1036.01/4, 1036.02/2, 1037.01/1, 1037.01/2, 1037.01/3, 1037.01/4, 1037.02/1,
1037.02/2, 1037.02/3, 1038/1, 1038/2, 1038/3, 1038/4, 1038/5, 1038/6, 1039/1, 1039/2,
1039/3, 1040/1, 1040/2, 1040/3, 1041/1, 1041/2, 1041/3, 1041/4, 1041/5, 1041/6, 1042.02/5,
1043/2, 1043/3, 1043/4, 1043/5, 1044/1, 1044/3, 1044/4, 1044/7, 1045.01/1, 1045.01/2,
1045.01/3, 1045.01/4, 1045.01/5, 1045.01/6, 1045.01/7, 1045.01/8, 1045.02/1, 1045.02/2,
1045.02/3, 1045.03/1, 1045.03/2, 1046.01/2, 1046.01/3, 1046.01/4, 1046.01/5, 1046.02/1,
1046.02/2, 1046.02/3, 1046.02/4, 1046.03/1, 1046.03/2, 1046.03/3, 1046.04/1, 1046.04/2,
1046.04/3, 1046.05/3, 1046.05/5, 1047/1, 1047/2, 1047/3, 1047/4, 1047/5, 1047/6 1048.01/1,
1048.01/2, 1048.01/3, 1048.01/4, 1048.01/5, 1048.01/6, 1048.01/7, 1048.01/8, 1048.02/1,
1048.02/2, 1048.02/3, 1048.02/4, 1050.0111, 1050.01/2, 1050.01/3, 1050.01/4, 1050.0115,
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 which are at least fifty-one percent(51%) owned by socially or economically
disadvantaged persons who reside in the Section 3 covered area 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
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City of Fort Worth Affirmative Action Plan
Statistical Area may be designated as a"lower income person". Section 3 is intended to benefit such
individuals through employment and training opportunities.
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PART II: SELECTION OF Contractors AND VENDORS
----------------------------------------------------
1. Procedures
,^ All contractors will provide a completed copy of Attachment D, "Statement of Release",prior
to signing any contract for a project using CDBG monies. Each Contractor selected will be bound by
Section 3 requirements, including the submission of all relevant documentation required by this plan.
Contractors will be held responsible for the Section 3 activities of their subcontractors.
When competitive bids are solicited, the contractor will notify bidders of Section 3
requirements. Each contractor will make a good faith effort to issue invitations to bid to Section 3
covered businesses and to use local and minority media to advertise contractual opportunities.
H&HS will review proposed Contractors and vendors to ascertain their eligibility to receive CDBG
funds, based on prior and future assured compliance with Section 3.
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
PM (Attachment B)with the M/WBE office and all CDBG contractors are encouraged to seek the
assistance of that office, should any question arise. IAGM will notify the Minority/Women
Business Enterprise office of its pending contractual activities so that Section 3 covered businesses
may be notified.
3. Required Contract Clauses:
CFR 24 135.38
In the event a CDBG Contractor wishes to subcontract any portion of a project utilizing
CDBG monies, the written prior approval of IAGM must be obtained. Furthermore, the following
paragraphs must be included in each subcontract:
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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. 170lu
(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 out
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 T
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
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assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act(25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (I)preference and opportunities for training and
employment shall be given to Indians, and(ii)preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic
Enterprises. Parties to this contract that are subject to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in
derogation of compliance with section 7(b).
------------------------------------------------
__
-PART III_HIRING TRAINEES-AND EMPLOYEES
---- -- -- ------------ ----- ------ --
I. 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 IAGM to ascertain the current and projected use of Section 3 covered
individuals.
p, Should the Contractor wish to hire trainees for a CDBG assisted project, lower income
individuals will be used to the greatest extent feasible in the various training categories. All vacant
trainee positions should be filled with lower income individuals, if at all possible. Only after a good
faith effort to place lower income individuals in vacant trainee positions has been made will the
Contractor use non-Section 3 covered individuals as trainees.
Should the Contractor need to hire already trained employees, similar preference will be
given to qualified lower income individuals who apply for those positions.
For each occupational category in which vacancies exist, the contractor will set a realistic
goal for the number of lower income individuals to be hired. The Contractor will make a good faith
effort to see that such goals are met.
To the greatest extent feasible, the Contractor will use lower income individuals as CDBG
project employees. (Any Contractor which fills vacant employment positions immediately prior to
starting a CDBG project will be required to show that its actions were not an attempt to circumvent
Section 3 requirements.)
When a lower income individual applies, either on their own initiative or on referral from any
source, the Contractor will review his/her qualifications and hire the individual if his/her
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City of Fort Worth Affirmative Action Plan
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. MR
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 must also meet the requirements of
Executive Order 11246. In this case, when qualifications are equal, minority persons will be given
first preference in hiring. The City will require applicants claiming to be lower income to state their
family income at the time of application.
2. Good Faith Efforts:
A Contractor may show good faith efforts to hire lower income individuals by:
(1) confirming with the Department of Housing and Urban Development's Regional -�
Administrator, Area Office Director, or FHA Insuring Office Director, the
geographical Section 3 covered area for the Contractor's specific project; and
(2) using local media,project area community organizations, local public and private
institutions, and/or signs placed at the proposed project site to recruit lower income
applicants for training and employment positions with the project.
------------------------------------------------
___PART IV_COMPLIANCE AND CONSEQUENCES...;
1. Monitoring of f Requirements:
IAGM 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 MO
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 IAGM. Next,IAGM 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 standards, the good faith efforts of the Contractor will be assumed.
If compliance problems are discovered IAGM will encourage the Contractor to resolve them. If this
informal persuasion should fail IAGM may request that sanctions(as specified below)be applied.
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.
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Informal complaints should be directed to IAGM for investigation of its Contractor's
op compliance,or to the Contractor for investigation of the subcontractor's compliance. IAGM
Contractors will notify IAGM of all informal complaints they receive. If the complaint is found
valid, IAGM will make an effort to secure Section 3 compliance through conferences, persuasion
ob 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: (l)the name and address of the grievant; (2)
the name and address of the grievant's business, if applicable; (2) the name and address of the City,
Contractor, or Subcontractor(hereafter called "respondent"); (4) a description of the acts or
omissions giving rise to the grievance; and(5) the corrective action sought.
The grievance should be signed by the grievant and mailed to Program Operations Division,
Department of Housing and Urban Development, Fort Worth Regional Office, PO Box 2905, Fort
Worth, Texas, 76113-2905; or Assistant Secretary for Equal Opportunity, Department of Housing
and Urban Development, Washington, DC 20410.
A grievance must be filed no later than ninety(90)days from the date of the action (or
omission) upon which it is based. The time for filing may be extended by the Secretary of Housing
and Urban Development, if good cause is shown.
Upon receipt of a grievance by the Secretary, a copy of it will be furnished to the respondent.
The Secretary will conduct an investigation and will give written notice to both the grievant and
respondent as to the decision reached. The grievance may be dismissed or sanctions may be applied,
as appropriate.
3. Sanctions:
Failure or refusal to comply with or give satisfactory assurances of future compliance with
the requirements of Section 3 shall be the proper basis for applying sanctions. Any or all of the
following actions may be taken, as appropriate: cancellation, termination, or suspension in whole or
in part of the contract or agreement; determination of ineligibility or debarment from any further
assistance or contracts under this program until satisfactory assurance of future compliance has been
received; referral to the Department of Justice for appropriate legal proceedings.
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City of Fort Worth Afrnzative Action Plan
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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) 871-6104
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SECTION 3 ATTACHMENTS
Please Complete and Return Within Seven (7) Days
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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:
B-1
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C:\DOCUMENTS AND SETTINGS\GONZALCAWMY DOCUMENTS\CARLOS FOLDER\CARLOS PROJECTS\NEW
PROJECTS\MORNINGSITE PLAYGROUND RENOVATION\SPEC\CDBG\C SECTION 3-AFFIRMATIVE ACTION PLAN.DOC
City of Fort Worth Affirmative Action Plan
ATTACHMENT D
Statement of Release
I will not subcontract any work in connection with this project unless I first receive the prior written
approval of the Fiscal Services Department, Intergovernmental Affairs and Grants Management
Division of the City of Fort Worth.
Business/Agency Name:
Type of Business/Organization:
Address:
(Street)
(City) (State) (Zip)
Signature:
Title:
D-1
1W
40
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C:\DOCUMENTS AND SETTINGS\GONZALCAR\MY DOCUMENTS\CARLOS FOLDER\CARLOS PROJECTS\NEW
PROJECTS\MORNINGSITE PLAYGROUND RENOVATION\SPEC\CDBG\C SECTION 3-AFFIRMATIVE ACTION PLAN.DOC
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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
23
EFFECTIVE APRIL 1, 1990
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT REQUIREMENTS
Contractor agrees to comply with the requirements of the Housing and Urban
Development Act of 1968, as amended, and with the regulations promulgated
thereunder. Specifically, Contractor shall comply with the following Acts and
Orders and their regulations:
1. EXECUTIVE ORDER 11246, EQUAL OPPORTUNITY CLAUSE; SECTION 202
During the performance of this Contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The
Contractor will take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard
to their race, color, religion, sex or national origin. Such action shall
include, but not be limited to, the following: employment; upgrading;
demotion or transfer; recruitment or recruitment advertising; layoff or
mum 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
'i 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
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Secretary of Labor issued pursuant to Section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each
s
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 MR
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.
h. The Contractor shall submit a certification and shall require each of its
subcontractors to submit a certification that all facilities provided for
employees of Contractor or any subcontractor shall be fully integrated,
and Contractor shall not permit its employees to perform their services in
any locations under its control where segregated facilities are main-
tained.
i. 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 implement-
ing regulations and documents thereof.
b. In performance of all contracts in the amount of $10, 000 or more:
Contractor will comply with Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u, and the implementing regulations
and documents and shall have on file a written affirmative action policy,
which has the stated work force goals of 18.2% minority persons and 6.9%
females, and must follow the hiring practices specified in Subsection C,
below. Additionally, Contractor agrees to the following provisions:
(1) The work to be performed under this Contract is on a project
assisted under a program providing direct Federal financial
assistance from the Department of Housing and Urban Development and
is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3
requires that, to the greatest extent feasible, opportunities for .�
training and employment are given to lower income residents of the
project area and contracts for work in connection with the project
are awarded to business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
(2) The parties to this Contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 CFR 135 °
and all applicable rules and orders of the Department issued
thereunder prior to the execution of this Contract. The parties to
this contract certify and agree that they are under no contractual
or other disability which would prevent them from complying with
these requirements.
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(3) The Contractor will send to each labor organization or representa-
tive 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 commit-
ments 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 subcon-
tract 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 require-
ments 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 upon the applicant or recipient for such
assistance, its successors and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its contrac-
tors 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
M 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, superinten-
dents 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 sctur,
community organization and of what action was taken W� h ,re
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each such individual. If such individual was sent to the union
hiring hall for referral and was not referred back to the Contractor 04
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.
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(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 bargain-
ing 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, termina-
tion or other employment decision, including specific review of
these items with on-site supervisory personnel, such as superinten-
dents and general foremen, prior to the initiation of 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.
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(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 .
FE (12) Conduct, at least annually, an inventory and evaluation of all
minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, such opportunities.
(13) Ensure that seniority practices, job classifications, work assign-
ments 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 Contrac-
tor'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.
(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.
p' (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 require-
ment, 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
F* 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
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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 regula-
tions issued by the Secretary of Labor under the Copeland Act) , the full
amount of wages and bonafide fringe benefits (or cash equivalents thereof)
due at the time of payment, computed at rates not less than those
contained in the wage determination of said Secretary of Labor (which is
attached hereto and made a part hereof) , regardless of any contractual
relationship which may be alleged to exist between the Contractor and such
laborers and mechanics. Contributions made or costs reasonably anticipat-
ed for bonafide fringe benefits under Section 1 (b) (2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of Paragraph d of this
clause; also, regular contributions made or costs incurred for more than a
weekly period under plans, funds or program which occur the particular
weekly period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for
the classifications of work actually performed without regard to skill,
except as provided in the clause entitled "Apprentices and Trainees. "
Laborers or mechanics performing work in more than one classification may
be compensated at the rate specified for each classification for the time
actually worked therein; provided, that the employer's payroll records
accurately set forth the time spent in each classification in which work
is performed. The wage determination (including any additional classifi-
cations and wage rates conformed under Paragraph b of this clause) and the
Davis-Bacon poster shall be 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 MR
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 bene-
fits, bears a reasonable relationship to the wage rates
contained in the wage determination.
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(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 represen-
tative, 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 addition-
al 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.
e. Underpayments of Wages or Salaries
The City shall, upon its own action or upon written request of an
authorized representative of the Department of Labor, withhold or cause to
be withheld from the Contractor under this Contract or any other federal
contract with the same prime Contractor, or any other federally-assisted
contract subject to Davis-Bacon prevailing wage requirements which is held
by the same prime Contractor, so much of the accrued payments or advances
' as may be considered necessary to pay laborers and mechanics, including
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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 classifica-
tion, 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 MR
set out accurately and completely all of the information
required to be maintained under Paragraph (1) of this Section.
The information shall be submitted in a form approved by the
City. The Contractor is responsible for the submission or
copies of payrolls by all subcontractors.
(b) Each payroll submitted shall be accompanied by a "statement of
compliance", signed by the Contractor or subcontractor or his M4
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
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w
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.
(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 determina-
■ tion incorporated into this Contract.
(c) The falsification of any of the above certifications may
subject the Contractor or subcontractor to civil or criminal
prosecution under Sec. 1001 of Title XVIII and Sec. 231 of
Title XXXI of the United States Code.
(3) The Contractor or subcontractor shall make the records required
under Paragraph (1) of this section available for inspection,
copying, or transcription by the City or the Department of Labor or
their authorized representatives. The Contractor and subcontractors
shall permit such representatives to interview employees during
working hours on the job. If the Contractor or subcontractor fails
to submit the required records or to make them available, the City
may, after written notice to the Contractor, take such action as may
be necessary to cause the suspension of any further payment, advance
" or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
g. Employment of Apprentices and Trainees
(1) Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to
and individually registered in a bonafide apprenticeship program
registered with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or
with a state apprenticeship agency recognized by the bureau, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who
is not individually registered in the program, but who has been
r� 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 appren-
tice's level of progress, expressed as a percentage of the journey-
man hourly rate specified in the applicable wage determination.
�. -32-
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.
(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 MR
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 classifi-
cation 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 w
predetermined rate for work performed until an acceptable program is
approved.
(3) Equal Employment Opportunity. The utilization of apprentices, .�
trainees and journeymen under this part shall be in conformity with
the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR Part 30.
h. Posting Wage Determination Decisions and Authorized Wage Deductions
The applicable wage poster of the Secretary of Labor, United States
Department of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the various classifications of
laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, to be
made from wages actually earned by persons so employed or to be employed
in such classifications, in accordance with the provisions of this
-33- �"
Contract, shall be posted at appropriate conspicuous points at the site of
work.
i. Claims and Disputes Pertaining to Wage Rates
Claims and disputes pertaining to wage rates or to the classification of
laborers and mechanics employed upon the work covered by this Contract
shall be promptly reported by the Contractor in writing to the City for
referral by the latter through the Secretary of Housing and Urban
Development to the Secretary of Labor, United States Department of Labor,
whose decision shall be final with respect thereto.
5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contractor will comply with all provisions of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-332) , as supplemented by Department of Labor
Regulations (29 CFR, Part 5) . Specifically, Contractor will comply with the
following standards:
a. Overtime Compensation
No contractor or subcontractor contracting for any part of the Contract
work which may require or involve the employment of laborers or mechanics,
including watchmen and guards, shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to
work in excess of 40 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 administra-
tively 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
-34-
.s
which they may enter into, together with a clause requiring this insertion
in any further subcontracts that may in turn be made. The prime
Contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the provisions set forth in this section.
6. CHILD LABOR ACT
Contractor will comply with the Child Labor provisions of the Fair Labor
Standards Act, 29 U.S.C. 212-319 and that Act's implementing regulations, found
at 29 CFR 570. This Act prohibits the paid or unpaid employment of individuals
under the age of 18 years on any construction project.
7. MISCELLANEOUS PROVISIONS
a. Complaints, Proceedings, or Testimony by Employees
No laborer or mechanic to whom the wage, salary, or other labor standards
provisions of this Contract are applicable shall be discharged or in any
other manner discriminated against by the Contractor or any subcontractor
because such employee has filed any complaint or instituted or caused to
be instituted any proceeding or has testified or is about to testify in
any proceeding under or relating to the labor standards applicable under
this Contract to his employer.
b. Questions Concerning Certain Federal Statutes and Regulations
All questions arising under this Contract which relate to the application
or interpretation of (a) the aforesaid Anti-Kickback Act, (b) the Contract
Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act,
(d) the regulations issued by the Secretary of Labor, United States
Department of Labor, pursuant to said Acts, or (e) the labor standards
provisions of any other pertinent Federal statue, shall be referred,
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 authorita-
tive 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- MM
specified clauses entitled 113. 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 subcon-
tracts. The prime Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with all the contract clauses
cited above. r„
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
-35-
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 CPR 5.12.
g. Disputes Concerning Labor Standards
Disputes arising out of the Labor Standards provisions of this Contract
shall not be subject to the General Disputes Clause of this Contract.
Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR, Parts 5, 6 and 7. Disputes,
within the meaning of this Clause, include disputes between the Contractor
or any of its subcontractors; and the City, the U.S. Department of Labor,
their employees or representatives.
h. Certification of Eligibility
(1) By entering into this Contract, the Contractor certifies that
neither it nor any person or firm who has an interest in the
Contractor's firm is a person or firm ineligible to be awarded
government contracts by virtue of Sections 3 (a) of the Davis-Bacon
Act or 29 CFR 5.12 (a) (1) .
(2) No part of this Contract shall be subcontracted to any person or
firm ineligible for award of a government contract by virtue of the
above-mentioned sections.
8. CLEAN AIR AND WATER ACT
a. Contractor shall comply with all requirements of Section 114 of the Clean
Air Act, as amended (42 U.S.C. 1857, et seq.) . and Section 308 of the
Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) relating to
inspection, monitoring, entry, reports and information, as well as other
requirements specified in Section 114 and Section 308 of the Air Act and
the Water Act, respectively, and all regulations and guidelines issued
thereunder before the award of this Contract.
b. No portion of the work required by this Contract will be performed in a
facility listed on the EPA List of Violating Facilities on the date when
this Contract was awarded unless and until the EPA eliminates the name of
such facility or facilities from such listing.
C. Contractor shall use its best efforts to comply with clean air standards
and clean water standards at all facilities in which the Contract is being
performed.
d. Contractor shall insert the substance of the provisions of this clause
into any non-exempt subcontract, including this 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.
-36-
do
an
10. RESPONSIBILITY OF CONTRACTOR REGARDING REPORTS M,
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.
on
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-37- 41*
11. CERTIFICATION AND ACKNOWLEDGMENT
I certify that I have read and understand the information regarding my
obligations as a Contractor on a project funded by the United States Department
of Housing and Urban Development, which is contained in the preceding Contract
provisions. I understand that, should I have any questions regarding my
obligations, I will as soon as possible contact the Fort Worth Fiscal Services
Department/Intergovernmental Affairs and Grants Management staff member who is
assigned to monitor this Contract.
r Contractor
By:
Title
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Ce\DOCUMENTS AND SETTINGS\GONZALCAR\MY DOCUMENTS\CAP LOS FOLDERJC'S.FPS PROJECTS\NEW PROJECTS\MORNINGS I TE PLAYGROUND
RENOVATION\SPEC\CDBG\E EXECUTIVE ORDER 11746.DOC
po
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
so 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.
ti
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
r� shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
PM Bidder's Name:
Address and Zip Code:
on 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.
Name and Title of Signer (Please Type)
Signature Date
C,\DOCUMENTS AND SETTINGS\GONZALCAR\MY DOCUMENTS\CARLOS FOLDER�CS1+9S PROJECTS\NEW PROJECTS\MORNINGS ITEI
RENOVATION\SPEC\CDBG\E EBECUT IVE ORDER 11246.DOC
•
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or will
be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the raking of any Federal grant, the making of any Federal loan,
• the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract,
grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
W 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
op
Date
4p
a C.\DOCUMENTS AND SETTINGS\GONZALCAR\MY DOCUMENTS\CARLOS POLDER.\WS PROJECTS\NEW PROJECTS\MORNINGS IT£ PLAYGROUND
RENOVATION\SPEC\CDBG\E EXECUTIVE ORDER 11246.DOC
in
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ps
CERTIFICATE OF OWNER'S ATTORNEY
ow
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.
Date:
C:\DOCUMENTS AND SMINGS\GONZALCAR\MY DOCUMENTS\CARLOS FOLDER104LQS PROJECTS\NEW PROJECTS\MORNINGSITE PLAYGROUND
RENOVATION\SPEC\CDBG\E EXECUTIVE ORDER 11246.DOC
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 weeklypayrolls. Properly filled out,this from
will satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls
submitted in connection with contracts subject to the Davis-Bacon and related Acts.
This form meets needs resulting from the amendment of the Davis-Bacon Act to include fringe
benefits provisions. Under this amended law,the contractor is required to pay not less than fringe
benefits as predetermined by the Department of Labor, in addition to payment of not less than the
predetermined rates. The contractor's obligation to pay fringe benefits may be met either by payment
of the fringes to the various plans,funds,or programs or by making these payments to the employees
as cash in lieu of fringes.
This payroll provides for the contractor's showing on the face of the payroll all monies paid to the
employees, whether as basic rates or as cash in lieu of fringes and provides for the contractor's
representation in the statement of compliance on the rear of the payroll that he is paying to others
fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions
concerning the preparation of the payroll follow:
Contractor or Subcontractor: Fill in your firm's name and check appropriate box.
Address: Fill in your firm's address.
Column 1 -Name, Address, and Social Security Number of Employee: The employee's full name
must be shown on each weekly payroll submitted. The employee's address must also be shown on
the payroll covering the first week in which the employee works on the project. The address need
•• not be shown on subsequent weekly payrolls unless his address changes. Although not required by
Regulations,Parts 3 and 5,space is available in the name and address section so that Social Security
numbers may be listed.
Column 2 - Withholding Exemptions: This column is merely inserted for the employer's
convenience and is not a requirement of Regulations, Parts 3 and 5.
Column 3 - Work Classifications: List classification descriptive of work actually performed by
employees. Consult classifications and minimum wage schedule set forth in contract specifications.
If additional classifications are deemed necessary,see Contracting Officer or Agency representative.
Employee may be shown as having worked in more than one classification provided accurate
breakdown of hours so worked is maintained and shown on submitted payroll by use of separate line
entries.
r` 43
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 maybe 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 e
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 pay no fringe benefits: A Contractor who pays no fringe benefits shall pay to the
employee,and insert in the straight time hourly rate column of the payroll,an amount not less than
the predetermined rate for each classification plus the amount of fringe benefits determined for each
classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half
on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic
predetermined rate,plus the half time premium on basic or regular rate,plus the required cash in lieu
of fringes at the straight time rate. In addition, the contractor shall check paragraph 4(b) of the
statement on the reverse of the payroll to indicate that he is paying fringe benefits in cash directly to
his employees. Any exceptions shall be noted in Section 4(c).
Use of Section 4(c), Exceptions
Any contractor who is making payment to approved plans,funds,or programs in amounts less than
the wage determination requires is obliged to pay the deficiency directly to the employees as cash in
lieu of fringes. Any exceptions to Section 4(a)or 4(b),whichever the contractor may check,shall be
entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation
column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to
plans, funds, or programs as fringes. The contractor shall pay, and shall show that he is paying to
each such employee for all hours (unless otherwise provided by applicable determination)worked
44
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
OM payroll describe the deductions contained in the "Other" column. All deductions must be in
accordance with the provisions of the Copeland Act Regulations, 29 CFR, Part 3. If the employee
worked on other jobs in addition to this project, show actual deductions from his weekly gross
*" wage,but indicate that deductions are based on his gross wages.
Column 9 -Net Wages Paid for Week: Self-explanatory.
No
Totals - Space has been left at the bottom of the columns so that totals may be shown if the
OW
contractor so desires.
Statement Required by Regulations, Parts 3 and 5: While this form need not be notarized, the
s„ 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.
go
Space has been provided between items (1) and(2) of the statement for describing any deduc-
tions made. If all deductions made are adequately described in the "Deductions" column above,
ow state "See Deductions column in this payroll". See paragraph entitled"FRINGE BENEFITS"
above for instructions concerning filling out paragraph 4 of the statement.
45
tiw C:\DOCUMENTS AND SETTINGS\GONZALCAR\MY DOCUMENTS\CARLOS FOLDER\CARLOS PROJECTS\NEW PROJECTSWORNINGSITT
PLAYGROUND RENOVATION\SPEC\CDBG\F PAYROLL INSTRUCTIONS WH347.DOC
U. S. Department of Housing and Urban Development
CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE
TO SUPERVISE PAYMENT OF EMPLOYEES
Project Name Date
PW Location Project No.
(1) (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)
By:
(Signature) (Signature)
(Title) (Title)
----------------------------------------------------------------------------------------------------------------------
NOTE: This certificate must be executed by an authorized officer of a corporation,by a member
of a partnership, or the sole owner and shall be executed prior to and be submitted 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.
DAL/DAO-1340.3/2
(6-79)
46
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U.S.DEPARTMENT OF LABOR STATEMENT OF COMPLIANCE Form Approved
WAGE AND HOUR AND PUBLIC Budget Bureau No. 44-R1090
CONTRACTS DIVISIONS
r Date
I, do hereby state:
(Name of signatory party) (Title)
(1) That I pay or supervise the payment of the persons employed by
(Contractor or subcontractor)
on the ; that during the payroll period commencing on the day of
(Building or work)
20 and ending the day of , 20 all persons employed on said project have been paid
the full weekly wages earned, that no rebates have been or will be made either directly or
FM 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;
Is
40
(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:
t
(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
I' 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) EXPLANATION
.. Remarks
Name and Title Signature
.,W 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.
GSA D669 .2222
Form WH-348(1/68)
48
CADOCUMENTS AND SETCINGS\GONZALCAR\MY DOCUMENTS\CARLOS FOLDER\CARLOS PROJECTSWEW PROJECTS\MORNINGSITE PLAYGROUND
RENOVATIONISPEC\CDBGV STATEMENT OF COMPLIANCE.DOC
'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
am (Date) (Name of Company)
4M
r WORK S M T W TH F SAT TOTAL RATE GROSS
CLASSIFICATION HOURS OF PAY PAY
TOTALS
(Employee's Signature)
*This information is required when an employee is used in more than one classification
during any payroll period; for example, Carpenter for part of a day or week, and laborer
or other classification for the remainder of the time, and is paid different rates of pay for
each classification. If the employee is paid the higher rate(s) for all work performed,
this form is not required.
49
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
Ll Date:
Employee's Signature
Printed or Typed Name:
Project Name and Number:
K PAYROLL DEDUCTION AUTHORIZATION 50
r.
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT INPUT
SUBCONTRACTOR'S CERTIFICATION
tM CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
w To(Appropriate Recipient) Date
C/O Project Number (If any)
WE Project Name
1. The undersigned, having executed a contract with
pe
(Name of Contractor or Subcontractor)
for
K (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.
p-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:
Me (b) The undersigned is:
(1) A Single Proprietorship: (3) A Corporation Organized in the State of:
(2) A Partnership: (4) Other Organization ascribe)
51
C:\DOCUMENTS AND SETTINGS\GONZALCAR\MY DOCUMENTS\CARLOS FOLDER\CARLOS PRO)ECTS\NEW PRO)ECTS\MORNINGSITE
PLAYGROUND RENOVATION\SPEC\CDBG\L SUBCONTRACTOR'S CERTIFICATION.DOC
c The name, title and address of the owner, partners or officers of the undersigned are:
Name Title Address
f
(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
„
I
I
j
C
52
C:\DOCUMENTS AND SETTINGS\GONZALCAR\MY DOCUMENTS\CARLOS FOLDER\CARLOS PROJECTS\NEW PROJECTSWORNINGSITE
PLAYGROUND RENOVATION\SPEC\CDBG\L SUBCONTRACTOR'S CERTIFICATION.DOC
(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):
' Name Address Nature of Interest
(Subcontractor)
By
(Signature) (Typed Name and Title)
WARNING
Ap
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."
53
C:\DOCUMENTS AND SETTINGS\GONZALCAR\MY DOCUMENTS\CARLOS FOLDER\CARLOS PROJECTS\NEW PROJECTS\MORNINGSITE
PLAYGROUND RENOVATION\SPEC\CDBG\L SUBCONTRACTOR'S CERTIFICATION.DOC
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, fitnds, or programs or by making these payments to the employees
as cash in lieu of fringes.
This payroll provides for the contractor's showing on the face of the payroll all monies paid to the
employees, whether as basic rates or as cash in lieu of fringes. and provides for the contractor's
representation in the statement of compliance on the rear of the payroll that he is paying to others
fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions
concerning the preparation of the payroll follow:
Contractor or Subcontractor: Fill in your firm's name and check appropriate box.
Address: Fill in your firm's address.
Column 1 -Name. Address, and Social Security Number of Employ: The employee's full name
must be shown on each weekly payroll submitted. The employee's address must also be shown on
the payroll covering the first week in which the employee works on the project. The address need
.. not be shown on subsequent weekly payrolls unless his address changes. Although not required by
Regulations, Parts 3 and 5, space is available in the name and address section so that Social Security
numbers may be listed.
Column 2 - Withholding Exemptions: This column is merely inserted for the employer's
convenience and is not a requirement of Regulations, Parts 3 and 5.
Column 3 - Work Classifications: List classification descriptive of work actually performed by
employees. Consult classifications and minimum wage schedule set forth in contract specifications.
If additional classifications are deemed necessary, see Contracting Officer or Agency representative.
Employee may be shown as having worked in more than one classification provided accurate
breakdown of hours so worked is maintained and shown on submitted payroll by use of separate line
entries.
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 MR
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, finds or programs in amounts not less than were determined in
the applicable wage decision of the Secretary of Labor shall continue to show on the face of the .,.
payroll the basic cash hourly rate and overtime rate paid to his employees just as he has always done.
Such a contractor shall check paragraph 4(a) of the statement on the reverse of the payroll to
indicate that he is also paying to approved plans, funds, or programs not less than the amount
predetermined as fringe benefits for each craft. Any exceptions shall be-noted in Section 4(c).
Contractors who pay no fringe benefits: A Contractor who pays no fringe benefits 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 ho>.rr 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,
M 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 CFR, Part 3. If the em-
ployee 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.
M Column 9 - Net Wa es Paid for Week: Self-explanatory.
Totals - Space has been left at the bottom of the columns so that totals may be shown if the
• contractor so desires.
Statement Required by Regulations. Parts 3 and 5: While this form need not be notarized, the
statement on the back of the payroll is subject to the penalties provided by 18 USC 1001,
namely, possible imprisonment for 5 years or $10,000.00 fine or both. Accordingly, the party
signing this required statement should have knowledge of the facts represented as true.
Space has been provided between items (1) and (2) of the statement for describing any deduc-
tions 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.
C:VvIY DOCUMENTSTRE-CONSTRUCTION PACKETT PAYROLL INSTRUCTIONS WH347.DOC
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CONTKACT CO,%I?LIA.NCE SPECIALIST
FINASCE DEPARTMENT-
INTERGOVERNMENMAL AFFAIRS AND GRANTS MANAGEMENT
CITY • FORT WORTH
t
1000 THROCKM
OR TON STREET - FORT WORTH.TEXAS 7610
(317)3714365 - FAY (311) 871-8333
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IVHNUVIUM i
You must be paid not less than the wage rate
in the schedule posted with this Notice for the
WAGES kind of work you perform.
You must be paid not less than one and one-half
times your basic rate of pay for all hours worked
over 40 a week. There are some exceptions.
C Apprentice rates apply only to apprentices
properly registered under approved Federal or
State apprenticeship programs.
MO= If you do not receive proper pay, contact the
PAY _ Contracting Officer listed below:
,�►`I i 1 I ��-
TAMIKA*A '
CONTRACT COMPLIANCE SPECIALIST
FINANCE DEPARTMENT
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
CITY OF FORT WORTH
1000 THROCKMORTON STREET • FORT WORTH.TEYLS 76102
(317) 871.836S • FAX (817) 871$383
BarrTQcI.Iort•worth.u.u3 O
or you may contact the nearest office of the
Wage and Hour Division, U.S. Department of
Labor. The Wage and Hour Division has offices
in several hundred comm( tfirree # aui the
country. They are listed in the U.S. Governmlent
section of most telephoneldi Loges under.
U.S. Department of Labor " ~
Employment Standards n1In16traf1,gn
U.° D"rtrrwt of Labor
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PROJECT DESIGNATION SIGN
4,_0„
PMS-288 1
14
4��
7- FORT WORTH
4
PMS-167
3u
31' Project Title, ,,--
1
3„ 2ND LINE
4 -0
IF NECESSARY- 3A'
1 Contractor: Al
2 I _
Contractor s Name
21#
1 ] "� FUNDED BY 4 t l u
1"T_COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM—flu
24
1 Scheduled Completion Date I
1�" Year
5”
1"
FONTS:
FORT WORTH LOGO IN CHELTINGHAM BOLD
ALL OTHER LETTERING IN ARIAL BOLD
COLORS:
FORT WORTH-PMS 286
LONGHORN LOGO-PMS 167
LETTERING-PMS 266
BACKGROUND-WHITE PROJECT DESIGNATION SIGN
BORDER-BLUE
(Community Development Block Grant projects. only)
CITY OF FORT WORTH-CONSTRUCTION STANDARD
DRAWING N0. DATE: 9-20-02
WEATHER TABLE
AVERAGE DAYS INCHES SNOW/ICE
MONTH RAINFALL (1) RAINFALL (2) PELLETS (3)
JANUARY 7 1.80 1
FEBRUARY 7 2.36
.. MARCH 7 2.54
APRIL 9 4.3 0 0
MAY 8 4.47 0
JUNE 6 3.05 0
JULY 5 1.84 0
AUGUST 5 2.26 0
SEPTEMBER 7 3.15 0
OCTOBER 6 2.68 0
NOVEMBER 6 2.03 0
DECEMBER 7 1.82
ANNUALLY 80 32.30 1
■. (1) Average normal number of days rainfall, 0.01" or more.
(2) Average normal precipitation.
(3) One inch (1") or more.
* Less than one-half inch(1/2").
Unseasonable weather is defined for contract purposes as rain/snow days which exceed the average number
of days or inches of rainfall in any given month.
This table is based on information recorded at the former Greater Southwest International Airport, Fort
Worth, Texas, covering a period of 18 years. Latitude 32°50'N, Longitude 97°03'W, elevation(ground)
.. 537 ft.
■
VENDOR COMPLIANCE TO STATE LAW
Section 2252.002, Texas Government Code,provides that, in order to be awarded a contract as low
bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of
business are outside of the State of Texas)bid projects for construction, improvements, supplies or
services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a
Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable
contract in the State in which the non-resident's principal place of business is located. The appropriate
blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to
meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically
disqualify that bidder. Resident bidders must check the box in Section B.
A. Non-resident vendors in (give state), our principal place of business, are required to
be percent lower than resident bidders by state law. A copy of the statute is
attached.
Non-resident vendors in (give state), our principal place of business, are not required
to underbid resident bidders.
B. Our principal place of business or corporate office is in the State of Texas.
0 Please Check or mark with an "X"
BIDDER:
By: Company
(please print)
Signature:
(please print)
Title:
(please print)
City/ State Zip
THIS FORM MUST BE RETURNED WITH YOUR QUOTATION
VENDOR COMPLIANCE TO STATE LAW ��' rr a• r.�l(I'?rQ�f�" a//".
V�4" V��iCSIL1:IS,-
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CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that
it provides workers' compensation insurance coverage for all of its employees employed
on City of Fort Worth Department of Engineering No. and City of Fort
Worth Project No.
CONTRACTOR
By:
Name:
Title:
Date:
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed to the
ion foregoing instrument, and acknowledged to me that he executed the same as the act
and deed of for the purposes and
consideration therein expressed and in the capacity therein stated.
'` Given Under My Hand and Seal of Office this day of , 20
Notary Public in and for the State of
Texas
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TECHNICAL SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01100- SUMMARY OF WORK
The Contractor shall supply all superintendence and shall perform all work and furnish all labor,
me equipment, materials and incidentals necessary and complete all work as described in the plans
and specifications. All construction and other work shall be done by the Contractor in
accordance with the best engineering and construction practices for the skill or trade involved.
The work to be accomplished under these plans and specifications for: Playground Renovation
at Morningside ( Mapsco No. 77-U) includes:
.� Site/equipment demolition, site grading and installation of new playground
equipment and park amenities as per construction documents.
These plans and specifications were prepared by the Parks and Community Services
Department. The Department of Engineering will administer the contract and furnish inspection.
In addition to project performance stated above, the Contractor shall also be responsible for:
1. Setting all project layout dimensions and final finish grade elevations in accordance to plans.
All such survey work shall be performed by a Registered Surveyor in the State of Texas and
verification provided to the City that such survey work complies to plans and specifications.
2. Attend all project progress meetings as scheduled by the City and provide updatcd project
schedules within 3 calendar days upon request by the City.
The applicable items contained in the Standard Specifications for Street and Storm Drain
Construction for the City of Fort Worth, Texas, shall apply to this contract just as though each
were incorporated in these documents. Where the provisions or specifications contained in those
documents are contrary to this publication, this publication shall govern. In case of conflict
between plans and specifications, the plans shall govern. A copy of the Standard Specifications
for Street and Storm Drain Construction can be purchased at the office of the Transportation and
Public Works Department , 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort
Worth, Texas.
The Contractor shall provide all permits and licenses and pay all charges and fees, and give all
notices necessary and incidental to the due and lawful prosecution of the work. The Contractor
shall contact the City of Fort Worth's Development-Plans Exam Section for a determination of
applicable permits or variances required for this project.
+ GENERAL REQUIREMENTS
- I -
SECTION 01135- CONTRACT TIME
1.01 PROGRESS AND COMPLETION
Upon receipt of a notification letter and the executed construction contract, the
Contractor shall be responsible for scheduling a preconstruction conference,which shall
be held no later than ten working days from the date of the notification letter.
At the time of the preconstruction conference , a construction start date shall be �-
established and indicated in the Notice to Proceed(Work Order) issued by the
Engineering Department. The Contractor shall begin the work to be performed under the
contract on or before ten working days from the date the Work Order is issued. The
Contractor shall carry the work forward expeditiously with adequate forces and shall
complete it within the period of time stipulated in the contract.
1.02 LIQUIDATED DAMAGES
This project shall be completed within the specified days allowed. If project construction
exceeds the allotted contract time, liquidated damages will be assessed as stipulated in
the City of Fort Worth Standard Specification for Street and Storm Drain Construction. In
the event of a dispute regarding either final quantities or liquidated damages, the parties
shall attempt to resolve the differences within 30 calendar days.
SECTION 01140-ALTERNATIVES
The City reserves the right to abandon,without obligation to the contractor, any part of the
project (subject to conditions set forth in Section 01150-Payment to Contractor)or the entire
project at any time before the Contractor begins any construction work authorized by the City.
SECTION 01150- PAYMENT TO CONTRACTOR, PROJECT ACCEPTANCE &
WARRANTY
1.01 SCOPE OF PAYMENT: The Contractor shall accept the compensation as provided in
the contract in full payment for furnishing and paying for all materials, supplies,
subcontracts, labor, tools and equipment necessary to complete the work of the
contract; for any loss or damage which may arise from the nature of the work from the
action of the elements, or from any unforeseen difficulty which may be encountered in
the prosecution of the work, until the final acceptance of the work by the City; for all
risks of every description connected with the prosecution of the work; for all expenses
and damages which might accrue to the Contractor by reason of delay in the initiation
and prosecution of the work from any cause whatsoever; for any infringement of patent,
trademark or copyright, and for completing the work according to the plans and/or
specifications. The payment of any current or partial estimate shall in no way affect the
obligations of the Contractor to repair or remove, at his own expense, the defective
parts of the construction or to replace any defective materials used in the construction,
and to be responsible for all damages due to such defects if such defects or damages are
discovered on or before the final inspection and acceptance of the work.
GENERAL REQUIREMENTS
-2-
1.02 Partial pay estimates shall be submitted by the Contractor or prepared by the City on
the 1 st day and 15th day of each month that the work is in progress. Estimates will be
paid within 25 days following the end of the estimate period, less the appropriate
retainage as set out below. Partial pay estimates may include acceptable nonperishable
materials delivered to the work place which are to be incorporated into the work as a
permanent part thereof, but which at the time of the pay estimate have not been so
installed. If such materials are included within a pay estimate,payment shall be based
upon 85% of the net invoice value thereof. The Contractor will furnish the Engineer
such information as may be reasonably requested to aid in the verification or the
preparation of the pay estimate.
1.03 It is understood that the partial pay estimate amounts will be approximate only, and all
partial pay estimates and payment of same will be subject to correction in the estimate
rendered following the discovery of the mistake in any previous estimate. Payment of
any partial pay estimates shall not be an admission on the part of the Owner of the
amount of work done or of its quality or sufficiency or as an acceptance of the work
done; nor shall same release the Contractor of any of its responsibilities under the
Contract Documents.
1.04 The City reserves the right to withhold the payment of any partial estimate if the
Contractor fails to perform the work in strict accordance with the specifications or other
provisions of this Contract.
1.05 Retainage- For contracts of less than $400,000 at the time of execution, retainage
shall be 10 percent. For contracts of$400,000 or more at the time of execution,
retainage shall be 5 percent. The Contractor will receive full payment for work,
less retainage, from the City,on each partial payment period.
Payment of the retainage will be included with the final payment after acceptance
of the project being complete.
1.06 Contractor shall pay subcontractors in accord with the subcontract agreement within five
business days after receipt by Contractor of the payment by City. Contractor's failure to
make the required payment to subcontractors will authorize the City to withhold future
payments from the Contractor until compliance with this paragraph is accomplished.
1.07 Contractor hereby assigns to City any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1 et
s�(1973).
w
1.08 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter
the quantities of the work to be performed or to extend or shorten the improvements at
any time when and as found to be necessary, and the Contractor shall perform the work
as altered, increased or decreased at the unit prices. Such increased quantity
shall not be more than 25 percent of the contemplated quantity of s ch'itm'dr i tems.
GENERAL REQUIREMENTS
-3-
i
When such changes increase or decrease the original quantity of any item or items of
work to be done or materials to be furnished by the 25 percent or more, then either party �►
to the contract shall upon written request to the other party be entitled to a revised
consideration upon that portion of the work above or below the 25 percent of the original
quantity stated in the proposal; such revised consideration to be determined by special
agreement or as hereinafter provided for"Extra Work." No allowance will be made for
any changes in anticipated profits nor shall such changes be considered as waiving or
invalidating any conditions or provisions of the Contract Documents.
1.09 PAYMENT FOR EXTRA WORK: Extra work performed by the Contractor, that is
authorized and approved by the City Engineer, will be paid for under"Change orders"
made in the manner hereinafter described, and the compensation thus provided shall be
accepted by the Contractor as payment in full for all labor, subcontracts, materials,tools,
equipment and incidentals, and for all supervision,insurance,bonds and all other expense
of whatever nature incurred in the prosecution of the extra work. Payment for extra work
will be made under one of the following types of"Change orders" to be selected by the
City:
A. Method "A". By unit prices agreed upon in the contract or in writing by the
Contractor and City Engineer and approved by the City Council before said extra
work is commenced subject to all other conditions of the contract.
B. Method "B". By a lump sum price agreed upon in writing by the Contractor and
City Engineer and approved by the City Council before said extra work is
commenced, subject to all other conditions of the contract.
C. Method "C". By actual field cost of the work,plus 15 percent as described herein
below, agreed upon in writing by the Contractor and City Engineer and approved
by the City Council after said extra work is completed, subject to all other
conditions of the contract.
In the event extra work is to be performed and paid for under Method "C", the actual
field costs of the work will include the cost of all workmen, foremen,timekeepers,
mechanics and laborers working on said project; all used on such extra work only,
plus all power, fuel, lubricants, water and similar operating expenses; and a ratable
proportion of premiums on performance and payment bonds,public liability,
workmen's compensation and all other insurance required by law or ordinance. The
City Engineer will direct the form in which the accounts of actual field cost will be
kept and will recommend in writing the method of doing the work and the type and
kind of equipment to be used, but such extra work will be performed by the
Contractor as an independent contractor and not as an agent or employee of the City.
The 15 percent of the actual field cost to be paid the Contractor shall cover and
compensate him for profit, overhead, general supervision and field office expense,
and all other elements of cost and expense not embraced within the actual field cost
as herein specified.
GENERAL REQUIREMENTS
-4-
The Contractor shall give the City Engineer access to all accounts, bills, invoices and
vouchers relating thereto.
1.10 DELAYS: If delay is caused by specific orders given by the City to stop work, or by the
performance of extra work, or by the failure of the City to provide material or necessary
instructions for carrying on the work, then such delay will entitle the Contractor to an
equivalent extension of time, his application for which shall, however, be subject to the
approval of the City Council; no such extension of time shall release the Contractor or the
surety on his performance bond from all his obligations hereunder which shall remain in
full force until the discharge of the contract.
1.11 CLAIMS AND DAMAGES: Any claims for extra work or for any other related matter
,. or cause must be made in writing to the City Engineer within seven calendar days from
and after the cause or claim arises. Unless such claim is so presented, it shall be held that
the Contractor has waived the claim, and he shall not be entitled to receive pay thereof.
1.12 TRANSPORTATION: No allowance or deduction will be made for any charge of freight
rates. No allowance for transportation of men, materials or equipment will be allowed.
1.13 ACCEPTANCE AND FINAL PAYMENT: The City, upon receipt of the Director's
"Certificate of Completion" and "Final Estimate" and upon receipt of satisfactory
evidence from the Contractor that all subcontractors and persons furnishing labor or
materials have been paid in full and all claims of damages to property or persons because
of the carrying on of this work have been resolved, or the claims dismissed or the issues
joined, shall certify the estimate for final payment after previous payments have been
deducted and shall notify the Contractor and his surety of the acceptance of the project.
Bills Paid Affidavit and Consent Of Surety shall be required prior to final payment
becoming due and payable. In the event that the Bills Paid Affidavit and Consent Of
Surety have been delivered to the City and there is a dispute regarding (1) final quantities,
or (2) liquidated damages, the City shall make a progress payment in the amount that the
City deems due and payable.
On projects divided into two or more units,the Contractor may request a final payment
on one or more units which have been completed and accepted.
On delivery of the final payment, the Contractor shall sign a written acceptance of the
final estimate as payment in full for the work done. All prior partial estimates shall be
subject to correction in the final estimate and payment.
1.14 WARRANTY: The Contractor shall be responsible for defects in this project due to
faulty workmanship or materials, or both, for a period of two (2) years beginning as of
the date that the final punch list has been completed and the project accepted by the City
as of the date the final punch list has been completed, as evidenced by a written
statement signed by the Contractor and the City. The contractor will be required to
replace, at own expense, any part, or all, of this project which becomes defective due to
GENERAL REQUIREMENTS
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these causes.
SECTION 01300- SUBMITTALS
Prior to construction,the Contractor shall furnish the Parks and Community Services Department
a schedule outlining the anticipated time each phase of construction will begin and be completed,
including sufficient time for turf establishment(if applicable) and project clean-up.
The Contractor shall submit to the Project Manager shop drawings, product data and samples
required in specification sections. Refer to Section 01640— 1.02.
SECTION 01400-QUALITY CONTROL
The Contractor will receive all instructions and approvals from the Director of Engineering
and/or his assigned inspectors. The inspector will be introduced to the contractor prior to
beginning work. Any work done at the direction of any other authority will not be accepted or
paid for. Final approval for the finished project shall be given by the Director of Engineering,
City of Fort Worth.
The Contractor or a competent and reliable superintendent shall oversee the work at all times.
The superintendent shall represent the Contractor in his absence and all directions given to him
shall be binding as if given to the Contractor.
SECTION 01410-TESTING
All tests made by the testing laboratory selected by the City will be paid for by the City. In the
event manufacturing certificates are requested, they shall be paid for by the Contractor.
SECTION 01500- TEMPORARY FACILITIES AND CONTROLS
The Contractor shall take all precautions necessary to protect all existing trees, shrubbery,
sidewalks,buildings, vehicles, utilities, etc., in the area where the work is being done. The
Contractor shall rebuild, restore, and make good at his own expense all injury and damage to
same which may result from work being carried out under this contract.
The utility lines and conduits shown on the plans are for information only and are not guaranteed
by the Owner to be accurate as to location and depth;they are shown on the plans as the best
information available from the owners of the utilities involved and from evidences found on the
ground. The Contractor shall determine the exact location of all existing utilities and conduct his
work to prevent interruption of service or damages.
SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES
A warning sign not less than five inches by seven inches,painted yellow with black letters that
are legible at twelve feet, shall be placed inside and outside vehicles such as cranes, derricks,
GENERAL REQUIREMENTS
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i
i
power shovel, drilling rigs, pile drivers, hoisting equipment or similar machinery. The warning
sign shall read as follows:
"WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT
WITHIN SIX FEET OF HIGH VOLTAGE LINES."
Equipment that may be operated within six feet of high voltage lines shall have an insulating
cage-type guard about the boom or arm, except backhoes or dippers, and insulator links on the
lift hood connections.
When necessary to work within six feet of high voltage electric lines, the Contractor shall notify
power company(TU Electric or the appropriate power supplier)to erect temporary mechanical
barriers, de-energize the line, or raise or lower the line. The contractor shall maintain a log of all
such correspondence. The Contractor is responsible for all costs incurred.
p. SECTION 01640 - SUBSTITUTIONS AND PRODUCT OPTIONS
1.01 GENERAL
For consideration of product substitutions, send submittals to:
-- Carlos Gonzalez, Project Manager (817) 871-5734
Parks and Community Services Department
4200 S. Freeway Suite 2200
Fort Worth, Texas 76115-1499
1.02 PRODUCTS LIST
A. Within five (5)Working Days after commencement of work, the Contractor shall
submit to the Project Manager two (2)copies of complete list of all specified
products and submittals for review and approval.
B. Tabulate list by each specification section.
C. For products specified under reference standards, include with listing of each
product:
1. Name and address of manufacturer
2. Trade name
3. Model or catalog designation
4. Manufacturer's data
a. Performance and test data
b. Reference standards
3 GENERAL REQUIREMENTS
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im
on
D. Specified material shall not be ordered by the Contractor until such time product
material submittals have been received, reviewed and approved by the project .,
consultant and/or City.
1.03 CONTRACTOR'S OPTIONS
A. For products specified only by reference standards, select any product which meets
such standards from any manufacturer.
B. For products specified by naming several products or manufacturers, select any
product and manufacturer named.
C. For products specified by naming one or more products, the Contractor must
submit request, as required for substitution, for any product not specifically named.
1.04 SUBSTITUTIONS
A. During bidding, the Project Manager will consider written requests from Prime
Bidders onlv(bidders submitting Bid Proposals for the construction of all work)
for substitutions which are received at least fifteen (15) Working Days prior to bid
date, exclusive of the bid opening date; requests received after that time will not be
considered.
B. Within thirty(30) calendar days after date of Contract execution, the Project
Manager will consider formal requests from Contractor for substitution of products
in place of those specified. MR
C. Submit two (2) copies of request for substitution. Include in request: MW
1. Complete data substantiating compliance of proposed substitution with
Contract Documents.
2. For products:
a. Product identification, including manufacturer's name and address.
b. Manufacturer's literature:
(1) Product description
(2) Performance and test data
(3) Reference standards
c. Samples, if required. -
d. Name and address of similar projects on which product was used, and date
of installation.
D. In making request for substitution, the Prime Bidder/Contractor represents:
1. That the Prime Bidder/Contractor has personally investigated proposed
product or method, and determined that it is equal or superior in all respects to
that specified.
2. That the Prime bidder/Contractor will provide the same guarantee(or better)
for substituted product or method specified.
GENERAL REQUIREMENTS
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On
3. That the Prime Bidder/Contractor will coordinate installation of accepted
substitution into work,making such changes as may be required for work to be
complete in all respects.
4. That the Prime Bidder/Contractor waives all claims for additional costs
related to substitution which consequently become apparent.
E. Substitutions will not be considered if.
1. They are indicated or implied on shop drawings or project data submittals
without formal request submitted in accord with Paragraph 1.04.
2. Acceptance will require substantial revision of Contract Documents.
3. Substitution requests submitted with less than fifteen(15)Working Days
prior to bid opening date, exclusive of the bid opening date or after thirty(30)
calendar days from the date of the executed contract.
F. Should the Contractor install any material and/or equipment which is non-
specified, failed to submit the appropriate submittals for review and did not
receive approval from the City prior to installation, all such material and/or
equipment shall be removed by the Contractor and install specified equipment and
/or material at no additional expense to the City.
SECTION 01700 -PROJECT CLOSEOUT
1.01 CLEANING
The Contractor shall make final clean-up of the construction area, to the satisfaction of
the Parks and Community Services Department, as soon as construction in that area is
completed. Clean-up shall include removal of all construction materials,pieces of
concrete, equipment and/or other rubbish. No more than five (5) days shall elapse after
the completion of construction before the area is cleaned. Surplus materials shall be
disposed of by the Contractor, at this own expense, and as directed by the Parks and
t Community Services Department. Cleaning of equipment by Contractor or
Subcontractor, such equipment as cement mixers, ready-mix trucks, tools, etc., shall take
place in an area designated by the Parks and Community Services Department.
SECTION 01800- CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS
Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel
at the project site for contractor's sole negligence. In addition, Contractor covenants and agrees
to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and
employees, from and against any and all claims or suits for property loss,property damage,
personal injury, including death, arising out of, or alleged to arise out of, the work and services
to be performed hereunder by Contractor, its officers, agents, employees, subcontractors,
licensees or invitees, whether or not any such injury, damage or death is mod, in w1a9le or
in part, by the negligence or alleged negligence of Owner, its officers, servants or
employees. Contractor likewise covenants and agrees to indemnify and hold harmless the=Qv Jij r
., GENERAL REQUIREMENTS
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from and against any and all injuries to Owner's officers, servants and employees and any
damage, loss or destruction to property of the Owner arising from the performance of any of the
terms and conditions of this Contract, whether or not any such injury or damage is caused in
whole or in part by the negligence or alleged negligence of Owner, its officers, servants or
employees.
In the event Owner receives a written claim for damages against the Contractor or its
subcontractors prior to final payment, final payment shall not be made until Contractor either(a) i
submits to Owner satisfactory evidence that the claim has been settled and/or a release from the
claimant involved, or(b)provides Owner with a letter from Contractor's liability insurance
carrier that the claim has been referred to the insurance carrier.
The Director may, if he deems appropriate,refuse to accept bids on any other City of Fort Worth
public work from a Contractor against whom a claim for damages is outstanding as a result of _
work performed under a City Contract.
END OF DIVISION
'I
GENERAL REQUIREMENTS
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SECTION 02200- SITE PREPARATION
PART 1 - GENERAL
1.01 SCOPE: Work in this section includes furnishing all labor,materials, equipment and services
required for clearing and grubbing, demolition, and removal and disposal of items as specified
herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE:
A. Section 02300 - Earthwork
B. Existing Conditions, Removal and Demolition Items.
PART 2—PRODUCTS
2.01 No products are required to execute this work, except as the Contractor may deem necessary.
PART 3—EXECUTION
3.01 CLEARING AND GRUBBING:
A. Clearing and grubbing shall consist of removing all natural and artificial objectionable
materials from the project site or from limited areas of construction specified within the
site.
B. In general, clearing and grubbing shall be performed in advance of grading and
earthwork operations and shall be performed over the entire area of earthwork
operations.
C. Unless otherwise specified on the plans, all trees and shrubs of three inch (3") caliper or
less(caliper is the diameter as measured twelve inches (12") above the ground) and all
scrub growth, such as cactus, yucca, vines, and shrub thickets, shall be cleared. All
dead trees, logs, stumps, rubbish of any nature, and other surface debris shall also be
cleared.
D. Buried material such as logs, stumps,roots of downed trees that are greater than one
and one half inches (1-1/2") in diameter,matted roots,rubbish, and foreign debris shall
be grubbed and removed to a minimum depth of twenty four inches (24")below
proposed finished grades.
E. Ground cover consisting of weeds, grass, and other herbaceous vegetation shall be
removed prior to stripping and stockpiling topsoil from areas of earthwork operations.
Such removal shall be accomplished by"blading" off the uppermost layers of sod or
root-matted soil for removal.
SITE PREPARATION
02200
,� - 1 -
3.02 PAVEMENT REMOVAL:
A. Bituminous and concrete pavements shall be removed to neatly sawed edges. Saw cuts
shall be full depth. If a saw cut in concrete pavement falls within three feet (3') of an en
existing score joint, construction joint, saw joint, cold joint, expansion joint, or edge,
the concrete shall be removed to that joint or edge. All saw cuts shall be parallel and/or
perpendicular to the line of existing pavement. If an edge of a cut is damaged
subsequent to saw cutting, the concrete shall again be sawed to a neat, straight line for
the purpose of removing the damaged area. T
B. Concrete curb and gutter shall be removed as specified above. No section to be replaced
shall be smaller than thirty inches(30") in length or width.
3.03 UTILITIES REMOVAL: In general, those utilities on the site that are to be removed and that
belong to the Owner shall be removed by the Contractor. The Owner is responsible for
arranging the relocation or removal of other utilities owned by utility companies or other
parties.
3.04 MINOR DEMOLITION: There may be certain items on the site such as old building
foundations, fences, and other undetermined structures and improvements that must be
removed before construction can commence. Unless otherwise specified, such items become
the property of the Contractor for subsequent disposal.
3.05 USE OF EXPLOSIVES: The use of explosives will not be permitted in site preparation ..
operations.
3.06 BACKFILLING: All holes, cavities, and depressions in the ground caused by site preparation -�
operations will be backfilled and tamped to normal compaction and will be graded to prevent
ponding of water and to promote drainage. Should any excavated hole or cavity be required
to be left open over night, the Contractor shall be responsible to provide barriers and/or
coverings to enhance on site accident prevention measures.
3.07 DISPOSAL OF WASTE MATERIALS: E
A. Unless otherwise stated, materials generated by clearing, grubbing, removal, and
demolition shall be known as "waste" or"spoils" and shall be removed from the site and `
disposed of by the Contractor. Similar materials may be unearthed or generated by
earthwork operations or by subgrade preparation. Unless otherwise specified any
merchantable items become the property of the Contractor.
END OF SECTION
SITE PREPARATION
02200
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SECTION 02140- SITE UNDERDRAINS
PART I- GENERAL
1.01 SCOPE: Work in this section includes furnishing all labor,materials, equipment, and services
required to construct underdrains to the required lines, grades, and cross sections as specified
herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE:
A. Section 02300 - Earthwork.
B. Section 03300 - Cast-in-Place Concrete
PART 2 - PRODUCTS
2.01 UNDERDRAIN PIPE: Pipe and fittings shall be flexible, corrugated tubing manufactured of
r high-density polyethylene resins and conforming to ASTM Product Specifications F-405 and
F-667. Drainage tubing shall be as manufactured by Advanced Drainage Systems (ADS), Inc.,
of Columbus, Ohio. The local manufacturing plant which will provide a list of suppliers is in
Ennis, Texas-telephone (972) 878-9600.
A. Perforated Pipe: Perforations shall be linear slots cut radially into the tubing wall
�• between corrugations. Perforated pipe will be furnished complete with the Cerex nylon
"Drain Guard" screen. The screen will completely surround the pipe and will have a
lapped, welded longitudinal joint.
B. Non-Perforated Pipe: Non-perforated pipe shall be used for collector lines which
convey the water from perforated pipe to the concrete inlet or outfall.
C. Fittings: All couplings,reducers, tees, ells,plugs, caps, and other fittings shall be non-
perforated and shall be of the same manufacturer as the drainage tubing. A fitting shall
be used at each pipe junction/termination, as appropriate.
2.02 FILTER MATERIAL: Filter material for use in backfilling trenches over and around
underdrains shall consist of 1 1/2" to 2" gravel washed free of organic or other deleterious
matter.
2.03 FILTER FABRIC: Filter fabric to line and lap over gravel filled subdrain trench shall be
Mirafi 14ON drainage fabric as manufactured by Celanese Corporation, (800) 223-9811, or
approved equal.
PART 3 -EXECUTION
3.01 VERTICAL AND HORIZONTAL CONTROLS:
A. The Contractor shall establish or shall employ a licensed surveyor to establish all lines
and grades necessary for each stage of the work described herein.
SITE UNDERDRAMS
02140
- 1 -
B. Provide blue tops for reference in dressing trench bottoms at intervals not to exceed 30
feet along the centerline of each trench.
3.02 UNDERDRAINS: Trenches for underdrains shall be dug after the subgrade is prepared. The
excavation of each trench shall begin at its outlet and proceed toward its upper end. The trench
must not be excavated below the proposed grade line. Trenches will be cleaned of all loose •�
material and their bottoms will be dressed and fine graded to blue tops set as previously
described. Trenches shall be lined with filter fabric and underdrain pipe shall be set on the
trench bottom. All fittings shall be securely coupled and all open ends will be capped. The
pipe shall be carefully covered with the gravel filter material and the filter fabric shall be
lapped over the trench.
Care shall be taken not to damage the pipe or its fabric filter screen. Underdrain pipe shall be
connected to solid pipe joints and to outfall at the concrete structure/collar as indicated in the
plans. Care shall be taken not to loosen or cave-in the trench walls. Any such damage will be
excavated and will be backfilled in mechanically tamped lifts not to exceed eight inches and
will be re-constructed.
3.03 SETTLEMENT: After the trench has been backfilled it shall be thoroughly soaked. This
process shall be repeated two times allowing the backfill material to dry twenty-four hours
before wetting again.
END OF SECTION
SITE UNDERDRAINS
02140
-2-
SECTION 02300- EARTHWORK
PART 1 -GENERAL
1.01 SCOPE: Work in this section includes furnishing all labor,materials, equipment, and services
required to construct, shape, and finish earthwork to the required lines, grades, and cross
sections as specified herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200 - Site Preparation.
B. Grading Plan: Refer to plan sheets.
1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The
total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis
only.
PART 2 - PRODUCTS
2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation,
unless separately designated, within the limits of the work. Unclassified excavation includes
all material encountered regardless of its nature or the manner in which it is to be excavated.
2.02 UNCLASSIFIED FILL
A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native
materials removed in unclassified excavation, or similar imported materials, shall be
used insofar as practicable as unclassified fill. Properly deposited, conditioned, and
compacted fill is hereinafter referred to as "earth embankment."
B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are
permissible in fill materials used to construct earth embankment. Minor quantities of
rock of greater dimensions may be placed in the deeper fills in accordance with the
State Department of Highways and Public Transportation requirements for construction
of rock embankments,provided such placement of rock is not immediately adjacent to
structures or piers. Also, rock may be placed in the portions of embankments outside
the limits of the completed graded width where the size of the rock prohibits their
incorporation in the normal embankment layers.
2.03 TOPSOIL
On-Site Topsoil: Topsoil shall consist of an average depth of six inches(6") of native surface
soil left in place after the ground cover of herbaceous vegetation and other objectionable matter
has been cleared by"blading," as specified in Section 02200, "Site Preparation." Topsoil may
be greater or less, than the upper six inches (6") in depth.
„1
G i �iiy .!;
., t1XILLY 11
N c
EARTHWORK '' ''
� GL.4tlo
02300
2.04 IMPORTED FILL
A. Imported fill materials shall be used for the construction of earth embankment in the
event that(1) the volume of unclassified excavation is less than the volume of fill
required for earth embankment and/or(2)the condition of materials removed in
unclassified excavation makes them unsuitable for use in the construction of earth
embankment.
B. The Contractor shall haul and place imported fill obtained from off-site sources as
necessary to construct the embankment and various other details of the construction
plans. All costs related to such imported fill will be included in the contract price, and
no additional or separate payment for imported fill will be due the Contractor.
C. A sample of the proposed imported fill must be provided by the Contractor and be
approved by the Owner. In general, imported material must be equal to or better than r
native material in quality and engineering characteristics. The Architect/ Engineer may
also require the Contractor to provided a material analysis test of the proposed fill.
2.05 SELECT MATERIALS
A. Select materials shall be imported from offsite sources, unless they are available from
specifically designated areas on the site as marked on the plans.
2.06 UNSUITABLE MATERIALS
A. Topsoil, select material, imported fill, or unclassified fill will be declared as
"'unsuitable"by the Owner if, in his opinion, any of the following conditions or matter
and particles are present to a degree that is judged detrimental to the proposed use of the
material.
1. Moisture
2. Decayed or undecayed vegetation
3. Hardpan clay, heavy clay,or clay balls
4. Rubbish
5. Construction rubble
6. Sand or gravel
7. Rocks, cobbles, or boulders
8. Cementious matter
9. Foreign matter of any kind
B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200.
C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of
high moisture content, the Architect/Engineer may grant the Contractor permission to
process the material to reduce the moisture content to a usable optimum condition.
EARTHWORK
02300
-2-
PART 3 -EXECUTION
3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be
performed in advance of grading and earthwork operations and shall be completed over the
entire area of earthwork operations.
3.02 TOPSOIL
A. The removal and storage of topsoil shall occur after site preparation is complete and
before excavation and embankment construction begin. Likewise, topsoil will be
replaced after excavation and embankment construction are complete.
B. Removal: Topsoil shall be stripped to an average depth of six inches (6") from areas
where excavation and embankment construction are planned. Topsoil may be obtained
from greater depths if it is uncontaminated by the substratum and it is of good quality,
in the opinion of the Architect/Engineer.
C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will
later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in
locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept
separate from other excavated materials and shall be protected from contamination by
objectionable materials that would render it unsuitable.
D. Timing: Topsoil will not be replaced(deposited)until construction activities are
complete that would create undesirable conditions in the topsoil, such as
overcompaction or contamination. Trenching for items such as electrical conduit and
irrigation pressure lines must be complete before topsoil replacement may begin.
4.
D. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed,
processed, compacted, and graded to leave a finished layer of topsoil not less than five
inches in depth. Unless otherwise indicated,topsoil will be replaced over all areas of
earthwork (including slopes), except where pavement is planned.
F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine
grading will be accomplished with a weighted spike harrow, weighted drag, tractor box
blade, light maintainer, or other acceptable machinery. All particles of the finish grade
shall be reduced to less than one inch in diameter or they shall be removed. All rocks of
one inch or greater shall also be removed. Grading operations and equipment will be
such that topsoil does not become overcompacted. Bulldozer blades and front-end
loader buckets are not acceptable devices for topsoil grading operations. Final grading
within five feet of constructed or installed elements shall be hand raked.
I G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in
plane, even in gradient(slope),uniform in surface texture, and of normal compaction.
Areas of loose granular pockets or of overcompacted soils are not acceptable and will
be reworked. Finished areas will promote surface drainage and will be ready for
turfgrass planting.
EARTHWORK
02300
�" -3-
3.03 UNCLASSIFIED EXCAVATION
A. All excavated areas shall be maintained in a condition to assure proper drainage at all
times, and ditches and sumps shall be constructed and maintained to avoid damage to
the areas under construction.
B. Surplus Material:
1. Surplus excavation is that quantity of material that may be left over after the
grading plan is executed, and all earthwork operations, including excavation,
embankment construction, topsoil replacement, and final grading, are
completed. Any other surplus material shall be disposed of as "waste" as
specified in Section 02200. All such cost for removal shall be considered as
incorporated into Earthwork costs
C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise
indicated on the plans, excavation in solid rock shall extend six inches (6") below
required subgrade elevation for the entire width of the area under construction and shall
be backfilled with suitable materials as indicated on the plans.
3.04 EARTH EMBANKMENT WE
A. Earth embankment is defined as embankment composed of suitable materials removed
in unclassified excavation and/or imported fill. The construction of embankment
includes preparing the area on which fill is to be placed and the depositing,
conditioning, and compaction of fill material.
B. General: Except as otherwise required by the plans, all embankment shall be
constructed in layers approximately parallel to the finished grade of the graded area, and
each layer shall be so constructed as to provide a uniform slope as shown on the grading
plan. Embankments shall be constructed to correspond to the general shape of the
typical sections shown on the plans, and each section of the embankment shall
correspond to the detailed section or slopes established by the drawings. After
completion of the graded area, embankment shall be continuously maintained to its
finished section and grade until the project is accepted.
C. Preparation: Prior to placing any embankment, all preparatory operations will have
been completed on the excavation sources and areas over which the embankment is to
be placed. The subgrade shall be proof rolled to detect soft spots, which if exist, should
be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller,
loaded dump truck,or similar piece of equipment weighing approximately twenty five
(25) tons except as otherwise specified for tree protection and areas inaccessible to
vehicular compactors. Stump holes or other small excavations in the limits of the
embankments shall be backfilled with suitable material and thoroughly tamped by
approved methods before commencing embankment construction. The surface of the -�
ground, including plowed, loosened ground, or surfaces roughened by small washes or
otherwise, shall be restored to approximately its original slope by blading or other
methods, and,where indicated on the plans or required by the Owner,the ground
surface, thus prepared, shall be compacted by sprinkling and rolling.
EARTHWORK
02300
-4-
D. Scarification: The surface of all areas and slopes over which fill is to be placed, other
than rock, shall be scarified to a depth of approximately six (6") inches to provide a
bond between the existing surface and the proposed embankment. Scarification shall be
accomplished by plowing, discing, or other approved means. Prior to fill placement, the
loosened material shall be adjusted to the proper moisture content and recompacted to
the density specified herein for fill.
OW E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain
cases where fill is to be placed against hillsides or existing embankment with slopes
greater than 4:1, the Owner may direct the Contractor to key the fill material to the
existing slopes by benching. A minimum of two feet(2')normal to the slope shall be
removed and recompacted to insure that the new work is constructed on a firm
foundation free of loose or disturbed material.
F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not
to exceed eight (8") inches in loose depth before conditioning and compaction. Unless
otherwise permitted, each layer of fill material shall cover the length and width of the
area to be filled and shall be conditioned and compacted before the next higher layer of
fill is placed. Adequate drainage shall be maintained at all times.
G. Watering: At the time of compaction, the moisture content of fill material shall be such
that the specified compaction will be obtained, and the fill will be firm, hard, and
P1 unyielding. Fill material which contains excessive moisture shall not be compacted
until it is dry enough to obtain the specified compaction.
�. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or
sheepsfoot rollers,pneumatic tire rollers, or other mechanical means acceptable to the
Owner. Hand-directed compaction equipment shall be used in areas inaccessible to
vehicular compactors.
I. Grading: Embankments shall be constructed in proper sequence and at proper
densities for their respective functions. All embankment serves in one capacity
or another as subgrade (e.g., under topsoil, under concrete and asphalt pavement,
under structures, etc.). Accordingly, the upper layer of embankment shall be
graded to within plus or minus 0.10 foot of proper subgrade elevation prior to
depositing topsoil, and prior to the construction of pavements, slabs, etc.
3.05 DENSITY CONTROL
A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a
minimum of ninety percent (90%) of Standard Density ASTM D698 with plus four
percent (4%) or minus two percent (2%)percentage points of optimum moisture
content.
B. Earth Embankment Under Structures and Pavement: The top six (6") inches of natural
earth comprising the subgrade for structural slabs or for areas of pavement shall be
ninety five percent(95%) to ninety eight percent(98%) of Standard Density ASTM
EARTHWORK
02300
MP -5-
D698 with the moisture content at minus two percent (2%) to plus four percent(4%) of
optimum moisture content.
3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all
embankments that are to function as subgrade for structures, areas of pavement, or for select
embankment. After completion of the embankment, the Contractor shall prevent excessive loss
of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two
percent (2%)below optimum in the top twelve inches (12") of the fill will require that the top
twelve inches (12")of the embankment be scarified,wetted, and recompacted prior to ..
placement of the structure, select fill or pavement. If desired, the Contractor may place an
asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus
eliminate the sprinkling requirement.
3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or
damage to the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be
restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02.
END OF SECTION
EARTHWORK
02300
-6-
SECTION 02537— WOOD FIBER PLAYGROUND SURFACING
PART I—GENERAL
1.01 SCOPE
Surfacing tasks for wood fiber surfacing with drainage system includes all labor,
materials and equipment necessary for, and pertinent to, the work to be done. Work will
be accomplished in a thorough and workmanlike manner. The specified product will be
applied strictly in accordance with the manufacturer's recommendations.
1.02 DESCRIPTION OF SYSTEM
A. Wood fiber playground surfacing material to be Kiddie Cushion as provided by
Living Earth Technology Co., 1808 W. Northwest Freeway, Dallas, Texas 75220,
1-800-776-8524, or approved equal.
PART 2 —PRODUCTS
2.01 MATERIALS
A. WOOD FIBRE SURFACING
1. Surfacing shall be a mix of random-sized hardwood fibres selected from
durable hardwood tree stock. Softwood fibres, standard wood chips or
bark mulch will not be acceptable.
2. To allow for compaction, the following formulas must be used to
determine the correct number of cubic yards: 8" deep: Sq. ft. of
playground x 0.0375. Twelve inches deep: Sq. ft. of playground x 0.05.
�. 3. Bidder will guarantee sieve analysis of wood fibre as follows: Greater
than 85 percent passing 3/8" sieve. Less than 50 percent passing#60
sieve.
4. Wood fibre shall have no recycled wood from pallets or waste wood and
no twigs,bark, leaf debris or other organic material incorporated within.
B. DRAINAGE FABRIC
I. Product used shall be FibarFelt, DuraLiner, or aproved equal polyester
nonwoven engineering geotextile fabric.
2. Bidder will provide enough material to allow for 12" overlap on all seams.
C. DRAINAGE MATRIX
I. 4" diameter ADS perforated pipe with sock installed within the subgrade
PW gravel trench as indicated on plans.
WOOD FIBER PLAYGROUND SURFACING
s 02537 �-
- 1 -
D. WEAR MATS
I. Product used shall be per playground equipment manufacturer's
recommendation and meet ASTM F1292-91 playground surfacing
standard for a drop height not to exceed 3.5 feet. Must be installed under
all swings and slides to preserve warranty. Method of installation
anchorage shall be per manufacturer's recommendations.
PART 3 - SPECIAL REQUIREMENTS r`
3.01 QUALITY CONTROL
A. The Bidder will provide the engineered wood fiber system to be constructed
exactly according to manufacturer's installation instructions.
B. The Bidder will provide the owner or its designated contractor with all necessary
licenses prior to start of construction in accordance with U. S. Patents.
C. Supplier must provide test results for impact attenuation in accordance with
ASTM F1292-93; Standard Specification for Impact Attenuation of Surface 4.
Systems Under and Around Playground Equipment. Results must be provided for
new material and for 5-year-old material.
D. Testing must show "g"ratings of not more than 155g for the 8" thick system, or
120g for the 12" system at 12' fall heights, and HIC values of less than 1,000 for
both new and 8-year-old material.
E. Product must be wheelchair accessible and meet the requirements of the 1990
Americans with Disabilities Act(ADA)in accordance with ASTM PS83-97. Y
F. The Bidder will provide copies of flammability testing procedures and results
using(i) Section 1500.44 of the Federal Hazardous Substance Act, Title 16,
Chapter H, Subchapter C, for rigid and pliable solids, and(ii) 16 CFR Part 1630
Standard for the Surface Flammability of Carpets and Rugs (FF 1-70), Modified
Procedure. Testing should be performed by an independent testing laboratory.
G. The Bidder will provide copies of testing procedures and results of(i)new
shredded wood fibre, and(ii) shredded wood fibre not less than five years old
taken from an existing site,performed by an independent testing source using the
ASTM F 1292-91 playground safety surfacing standard.
H. The Bidder will provide at least three references of handicapped-accessible
playgrounds that have been installed with said surface. +-
WOOD FIBER PLAYGROUND SURFACING
02537
-2-
3.02 WARRANTY
All materials and labor under this Section shall be installed by a contractor authorized by
the manufacturer. Safety surface shall be warranted for labor and materials for a period
of no less than two years. Written warranty must be submitted by the manufacturer and
the authorized installer.
PART 4—EXECUTION
A. PREPARATION
Installer shall thoroughly examine the site and specifications, carefully checking
the dimensions before starting work.
B. SUBGRADE
1. The subgrade shall be graded a minimum of 1 percent. It is not
recommended that the surfacing system be installed on a grade greater
than 10 percent. All roots, stones, and vegetation shall be removed.
2. The drainage matrix must be connected to the drainage system.
3. The first 6" of subgrade shall be compacted to at least 95 percent of the dry
density, as determined by the provisions of AASHTO or T 205, as
modified in 203.24.
C. APPLICATION:
1. Wood fiber surfacing system with gravel and subdrain. Install per plans
and specifications.
a. Aggregate Drainage Material
1. Install subdrain trench per plan.
2. Cover subgrade with washed stone, 3/8" to 1/2" diameter, at a
uniform depth of three inches.
3. Install drainage fabric over drainage aggregate, overlapping all
— seams by at least 12". Cut to fit around equipment as necessary and
overlap seams as previously mentioned.
4. Install wood fiber safety surfacing at a uniformed compacted
depth of 9". Contractor shall be responsible for applying
additional material as required in order to maintain safety surface
finish elevation and anticipated settling for a period of sixty(60)
days following project acceptance.
END OF SECTION
WOOD FIBER PLAYGROUND SURFACING
02537
-3-
WOOD FIBER PLAYGROUND SURFACING
02537
-4-
SECTION 02810
LANDSCAPE IRRIGATION SYSTEM
�* PART 1 - GENERAL
Drawings, Standard General Conditions of Contract, Special Conditions and Division-1
specification sections, apply to work of this section.
1.1 DESCRIPTION
Landscape irrigation system components and installation procedures.
1.2 LICENSED IRRIGATOR
Installation of the irrigation system shall be under the supervision of a licensed irrigator
in the State of Texas.
1.3 STANDARDS
ASTM D1785 (ANSI B72.7): Standard Specification for Poly (Vinyl Chloride) (PVC)
Plastic Pipe, Schedules 40, 80, and 120.
ASTM D2241 (ANSI B72.2): Standard Specification for Poly (Vinyl Chloride) (PVC)
Plastic Pipe (SDR-PR).
ASTM D2466: Standard Specification for Poly (Vinyl Chloride (PVC) Plastic Pipe
Fittings, Schedule 40.
ASTM D2564 (ANSI B72.16): Standard Specification for Solvent Cements for Poly
(Vinyl Chloride) (PVC) Pipe and Fittings.
ASTM D2855 (ANSI K65.55): Standard Recommended Practice for Making Solvent-
Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings.
1.4 EQUAL MATERIALS
A. It is not the intent of these specifications to limit materials to the product of any
particular manufacturer. Where definite materials, equipment and/or fixtures
have been specified, it has been done to set a definite standard and a reference
for comparison as to quality, application, physical conformity, and other
characteristics. It is not the intention of the Owner or the Consultant to
discriminate against or prevent any dealer,jobber or manufacturer from
furnishing materials, equipment, and/or fixtures, which meet or exceed the
characteristics of the specified items. Substitution of materials shall not be made
without prior written approval from the Owner and the Consultant. Refer to
SECTION 01630 - Product Options, Equal Material and Substitutions.
05/21/01 02810 - 1 010739010
4a
B. Design criteria and water pressure must be carefully considered when selecting
equipment. Only equipment that performs as specified will be considered. #„
1.5 LOCATION OF AND DAMAGE TO EXISTING UTILITIES
The Contractor is responsible for locating underground obstacles. Exercise caution to
prevent damage to existing facilities during the progress of the work, taking care to
locate same, where possible, in advance of the actual work. The Owners
representative will render all assistance possible to the Contractor in determining the
location of existing utilities by making available such maps, records and other
information as may be accessible to him, when requested to do so, but the accuracy of
such information will not be guaranteed. The Contractor shall be responsible for repairs
resulting from damage to existing utilities resulting from his operations. Should the
Contractor, in the layout of work, encounter any pipe, underground utility, or structure,
the location of which has not been furnished to him by the Owner, he shall bring such -�
conditions to the attention of the Owner's representative for his determination of the
method to be used to remove or bypass such obstructions.
1.6 WATER SUPPLY
Make connections to the existing water line at the location shown on the plans.
1.7 WORKMANSHIP
Install equipment in accordance with the recommendations of the manufacturer and the
best standard practice for this type of work. Care must be taken to keep the inside of
the pipes clean and free of dirt, rock, cutting, etc. Flush all systems clean prior to
installing sprinkler heads.
1.8 CODES AND PERMITS
Install all work according to applicable codes and ordinances of the City and the
National Electrical Code. Obtain and pay for all required permits.
1.9 WEATHER PROTECTION
Protect and maintain all work, materials and fixtures from weather damage. All new
work likely to be damaged shall be covered or otherwise protected.
1.10 SITE CONDITIONS
Before ordering materials or beginning work, verify dimensions of existing and new
work. Any differences found shall be submitted to the Owner's representative for
consideration before proceeding with work. No extra compensation will be allowed
because of differences between actual dimensions and measurements indicated on the
plans. Plans are diagrammatic and approximate.
05/21/01 02810 - 2 010739010
1.11 PROTECTION AND SAFETY
A. Send proper notices, make all necessary arrangements and perform other
services required for the care, protection and maintenance of public utilities, and
services, including fire plugs, telephone and telegraph poles and wires, and all
other items of this nature on or about the site, assuming all responsibility and
paying all costs for which the Owner may be liable.
4M B. Construct and maintain necessary temporary drainage and provide pumping, as
required, to keep excavations free of water.
C. Provide all shoring, bracing and sheeting as required by OSHA Regulations and
for the proper execution of the work. All shoring, bracing and sheeting shall be
removed from the site when the work is completed.
D. Fires are not permitted.
E. All work shall be performed in accordance with the national "Occupational Safety
and Health Standards" (OSHA).
1.12 SUBMITTALS
Using hard cover 3 ring notebooks, provide not less than three (3) copies of complete
brochures describing equipment and materials, including names of manufacturer's
catalog numbers, trade names, instructions for setting, connecting and operation,
technical data and any special information requested. Unless resubmission is required,
two will be retained and one returned after being reviewed. If resubmission is required,
w. one corrected copy and one original copy will be returned after being reviewed. If
resubmission is required, one corrected copy and one original copy will be returned and
one will be retained. One approved copy shall be in the file of the Contractor's
representative at the project site.
1.13 RECORD PRINTS
A. Provide and keep a complete up-to-date a Record Set of blue-line prints which
shall be corrected daily and show every change from the original plans and
specifications and the exact locations, sizes and kinds of equipment. Prints for
this purpose may be obtained from the Owner's representative at cost. This set
of drawings shall be kept on the site and shall be used only as a record set.
B. These drawings shall also serve as work progress sheets and shall be the basis
for measurement and payment for work completed. Make neat and legible
annotations thereon daily as the work proceeds, showing the work as actually
installed. These plans shall be available at all times for inspection and shall be
kept in a location designated by the Consultant.
C. Before the date of the final inspection, transfer all information from the record
prints to a sepia mylar, provided by the Consultant. All work shall be neat, in ink,
and subject to the approval of the Consultant.
05/21/01 02810 - 3 010739010
ow
D. Dimension from two (2) permanent points of reference, building corners,
sidewalks, or road intersections, etc., the location of the following items:
1. Connection to existing water lines.
2. Connection to existing electrical power.
3. Gate valves.
4. Routing of irrigation pressure lines (dimension maximum 100' along
routing).
5. Remote control valves.
6. Routing of control tubing.
7. Quick coupling valves.
8. Manual drain valves.
9. Routing of irrigation lateral lines (with a change of two (2) feet each way).
10. Other related equipment as directed by the Owners representative.
E. Prior to the date of the final inspection, the contractor shall deliver the corrected
and completed sepias to the Consultant for approval. Delivery of the mylars will
not relieve the responsibility of furnishing required information that may be
omitted from the prints.
1.14 CONTROLLER CHARTS
A. The Consultant shall approve the record prints before the controller charts are
prepared.
B. Provide one controller chart for each automatic controller.
C. The chart shall show the area controlled by the automatic controller and shall be
the maximum size, which the controller door will allow.
D. The chart is to be a reduced plan of the actual approved in-place system.
E. The chart shall be a photo-static copy of blue-line ozalid print and a different
color shall be used to indicate the area of coverage for each station.
F. When completed and approved, the chart shall be hermetically sealed between
two pieces of plastic, each piece being a minimum of 20 mils.
G. These charts shall be completed and approved by the Consultant prior to final
inspection of the irrigation system.
1.15 IRRIGATION CONTRACTOR'S RESPONSIBILITY
A. Prior to submittal of the bid, the Contractor shall acquaint himself with all matters
and conditions concerning the site and existing conditions.
B. Coordinate work with the other trades so that all phases of the work may be
properly coordinated without delays or damage to any parts of the work.
05/21/01 02810 -4 010739010
C. The Contractor shall be responsible for all sleeves and chases under paving,
through walls, etc., unless otherwise noted on plans.
D. Irrigation sleeves to be installed under pavement areas, whether indicated on
plan or not.
1.16 CHANGES IN THE WORK
A. Minor changes, such as head location and controller location adjustments, which
do not involve extra cost and are consistent with the purpose of the work may be
ordered by the Owner's representative and no claim for an addition to the
contract sum or time schedule will be considered.
1.17 FINAL INSPECTION
A qualified person duly authorized in writing to represent the Irrigation Contractor shall
be present at the final inspection to demonstrate the systems and prove the
performance of the equipment. Prior to this inspection, all work under this division shall
have been completed, tested, balanced and adjusted and in final operating condition.
1.18 GUARANTEE
A. Guarantee the satisfactory operation of the entire system, to the extent possible
under the scope of the work included in this contract. The entire system shall be
guaranteed to be complete and work properly for a period of one year from date
of final acceptance. Repair any defects or replace any defective parts found or
occurring within that year, free of expense to the Owner.
B. Include a copy of the guarantee form in the Operation and Maintenance Manual.
1.19 MISCELLANEOUS SERVICES OF IRRIGATION CONTRACTOR
A. Train at least two (2) of the Owner's employees in the operation and
maintenance of the system. This shall include the operation of the controllers
and valves, how to most effectively use the system, and maintenance on all
equipment including the removal and replacement of valve and controller
components.
B. Provide two (2) quick coupling valve keys and two (2) sets of automatic controller
keys for each controller. This equipment shall be turned over to the Owner upon
final acceptance of the work by the Owner.
C. Provide a watering program to the Owner showing the scheduling or sequencing
,�. of the valves, including which valves may be run simultaneously, and a desirable
timing program for each controller. The controllers shall be scheduled to prevent
an excessive amount of head loss in the system. The program shall include
suggested operating time for new planting and established growth.
05/21/01 02810 - 5 010739010
D. Operation and Maintenance Manuals - Prepare and deliver to the Consultant,
within ten calendar days prior to completion of construction, two hard cover,
three ring binders containing the following information:
1. Index sheet stating Contractor's address and telephone number, list of
equipment with name and addresses of local manufacturer's
representative.
2. Catalog and parts sheets on each product and equipment type installed _
under this contract.
3. Guarantee statement.
4. Complete operating and maintenance instruction on all major equipment.
1.20 SITE OR FIELD VISITS BY THE CONSULTANT
A. The Consultant will visit the site once to examine materials for type, size and
character specified. The Consultant will also visit the site once to examine the
installation and operation of the system.
B. Should additional trips be required due to rejection of materials or improper or
inadequate completion of the work, the costs of additional trips will be paid for by
the Contractor. Such costs will include the Consultant's time, travel and other
miscellaneous related expenses.
PART 2 - MATERIALS
2.1 GENERAL
All materials and accessories shall be of new and unused material. Any section of pipe
found to be defective before or after installation shall be replaced with new pipe. All new
irrigation equipment shall be essentially the standard product of the manufacturer. All =
new equipment furnished shall have in-service performance records sufficient to verify
published capabilities.
2.2 PIPE AND FITTINGS
A. PVC Pressure Main Line and Fittings:
1. Pressure main line piping shall be Schedule 40 PVC. Main line piping
less than three (3) inches in diameter shall have solvent welded joints.
Main line piping greater than three (3) inches in diameter shall be JM
Ring-Tite gasketed bell joint pipe, or approved equal.
2. Pipe shall be made from NSF approved Type I, Grade I PVC compound y-
conforming to ASTM resin specification D1785. All pipes must meet the
requirements of Federal Specification S-21-70.
05/21/01 02810 -6 010739010
on
s
3. PVC solvent-weld fittings shall be Schedule 40, 1-2; II-1 NSF approved
conforming the ASTM test procedure D2466.
4. Solvent cement and primer for PVC solvent-weld pipe and fittings shall be
of type and installation methods prescribed by the manufacturer.
5. All PVC pipe must bear the following markings:
a. Manufacturer's name.
b. Nominal pipe size.
C. Schedule or class.
d. Pressure rating in PSI.
e. NSF (National Sanitation Foundation) approval.
f. Date of extrusion.
6. All fittings shall bear the manufacturer's name of trademark, material
designation, size applicable IPS schedule and NSF seal of approval.
B. PVC Non-Pressure Lateral Line Piping:
1. Non-Pressure buried lateral line piping 3/4" in diameter and above shall
be Schedule 40 PVC with solvent-weld joints. Laterals 1/2" in diameter
shall be Schedule 40 PVC with solvent-weld joints.
2. Pipe shall be made from NSF approved, Type I, Grade I PVC compound
conforming to ASTM resin specification D1785. All pipes must meet the
requirements of Federal Specification PS-21-70 with an appropriate
standard dimension ratio.
3. Except as noted in paragraphs above, pipe and fittings for PVC non-
_ pressure lateral line piping will be the same as for solvent-weld pressure
main line pipe and fittings as set forth in "PVC Pressure Main Line Pipe
and Fittings" above.
2.3 AUTOMATIC CONTROLLERS
A. Automatic controller shall be of type and size shown on the plans.
B. The Owner's Representative shall approve the final location of automatic
controller prior to installation.
C. The 120 volt electrical power hook up for the automatic controller shall be
provided by the Contractor. The cost for such electrical hook up shall be
considered as included in the bid cost for irrigation installation.
D. Controller shall be housed in a metal locking weatherproof cabinet as indicated
on plans.
Lai
`'r. n l f..
ma 05/21/01 02810 - 7 010
2.4 GATE VALVES
Gate valves shall have bell or spigot ends, flanges or screw joints as required for the
piping in which they are installed. All gate valves shall be manufactured of brass
conforming to the AWWA Standard C-500, or to Federal Specification WW-V-58, Class
B. Gate Valves shall be designed for a minimum water working pressure of 120-psi.
Gate valves shall have a clear waterway equal to the full nominal diameter of the valve
and shall be opened by turning counterclockwise.
2.5 REMOTE CONTROL VALVES
The remote control valves shall be of the type shown on the drawings, and shall be
electrically operated, normally closed diaphragm type valves. Valves shall be slow
opening and closing. Valves shall have a manual flow control and manual bleed plug.
2.6 QUICK COUPLING VALVES
All quick coupling valves shall be a one piece, 1 inch in size, single lug brass or bronze
unit with a self-closing locking metal cover or as noted on plans. Valves shall be
guaranteed to withstand 125-psi pressure without leaking.
2.7 BACKFLOW PREVENTER
The backflow prevention device shall be of the type and size shown on the Drawings.
The backflow preventer will be installed at location(s) shown on the drawings. Install
backflow preventer in accordance with local codes and ordinances.
2.8 REMOTE CONTROL WIRE
A. Connections between the automatic controllers and the remote control valves
shall be made with direct burial copper wire AWG-U.F. 600 volt. Pilot wires shall
be different color wire for each automatic controller. Common wires shall be
white with a different color stripe for each controller. Install in accordance with
automatic controller manufacturer's specifications and wire chart. In no case
shall wire size be less than AWG #14 U.F.
B. All wire shall be installed according to local electrical codes and must bear UL
approved (Type UF)for direct underground burial.
2.9 CONTROL WIRE SPLICES
Control wire splices shall be made with 3M-DBY wire connectors and sealant, or an
approved equal. Connectors shall be of the proper size to match the wire. Only make
wire splices in valve boxes or junction boxes approved by the Owner's representative.
2.10 VALVE BOXES
Valve boxes for remote control valves and isolation valves shall be of type and size as
shown in details.
05/21/01 02810- 8 010739010
2.11 ROTARY POP-UP HEADS
Provide rotary pop-up heads as indicated on the drawings. Rotary pop-up heads shall
be installed in a cyclolac case. Heads shall pop-up until the nozzle is a minimum of 2"
above ground level. All internal parts shall be removable from above ground. See the
equipment schedule on the plans for the performance data.
2.12 SPRAY POP-UP HEADS
Pop-up spray heads shall be the type as shown on plans with a 1/2"female inlet. The
nozzle shall have the angle of trajectory specified on the equipment schedule, and a
screw adjustment for regulating the spray radius. See the Equipment Schedule on the
plans for the performance data.
s
2.13 SWING JOINT NIPPLES
All swing joint nipples shall be made of polyvinyl chloride, Schedule 40, threaded pipe.
Fittings at swing joints shall be schedule 40 PVC threaded elbows.
PART 3 - INSTALLATION
3.1 GENERAL
A. Provide a complete and properly functioning automatic irrigation system as
indicated herein and on the Drawings.
B. Unless otherwise specified or shown on the plans, the construction of irrigation
lines shall include excavation and backfill, the furnishing, installing and testing or
irrigation pipe and fittings, and electrical conductors and all other work in
accordance with the plans and specifications. The irrigation system installation
shall be coordinated with other construction activities.
C. All valves and other irrigation equipment shall be located in planting areas,
unless otherwise noted on the Drawings.
3.2 PIPE AND FITTINGS
A. PVC pipe, couplings and fittings shall be handled and installed in accordance
with the manufacturer's recommendations. Each pipe length shall be properly
spaced in jointing to allow for expansion and contraction. Piping will be snaked
in trench as shown in the trenching details. If necessary, stakes are to be used
to make pipe snake in trench. All stakes are to be removed, as the trench is
backfilled.
B. All laterals shall be installed with 12" minimum coverage over pipes at finish
grade and all main lines with at least 18" minimum coverage. All lines shall have
a minimum clearance of 6"from each other and from lines of other trades. Pipe
05/21/01 02810 - 9 010739010
shall lie on a minimum 2" sand sub-base. Parallel lines shall not be installed
directly over one another. .
C. Install concrete thrust blocks as indicated on the details in the drawings.
Blocking shall be a minimum of 1.5 C.F. each. Set concrete blocking against
undisturbed earth.
D. The interior of the pipe shall be thoroughly cleaned of all foreign matter before
being lowered into the trench, and shall be kept clean during laying operations by
means of lugs or other approved methods. The pipe shall not be laid in water, or
when trench or weather conditions are unsuitable for the work. Water shall be
kept out of the trench until the joints are completed. When work is not in
progress, open ends of pipe and fittings shall be securely closed so that no
trench water, earth or other substance will enter the pipes or fittings. Any pipe
that has the grade or joint disturbed after being installed shall be taken up and
relayed. Fittings at bends in the pipe, and at the end of lines shall be firmly
wedged against the vertical face of the trench by means of concrete thrust
blocks.
E. Joints in all screwed fittings shall be made by applying teflon tape on male
threads. Use of pipe joint compound or similar substance is prohibited.
F. After installation, the lines will be flushed until they are free of rocks, dirt, debris,
etc., before the heads are installed.
i
G. Pipes and/or sleeves placed underground and not immediately connected to
other pipes shall be capped or plugged to prevent water and dirt from entering
the pipe. Sleeves for wires shall be capped or sealed with mastic tape after
wires have been installed.
3.3 AUTOMATIC CONTROLLERS
A. Controllers shall be installed at locations shown on the plans or as directed by
the Owner or Owner's representative. Controllers shall be installed as shown in
the details on the plans.
B. All electrical wiring and connections shall be installed according to the local City
and National Electrical Code.
3.4 GATE AND REMOTE CONTROL VALVES
A. Install all new valves as indicated on the plans or as may be required for the
proper control of the piping systems in which they are incorporated. Valves shall
be set vertically. Valves shall be set as shown on the drawings and as approved
by the Owner's representative.
B. Control valves shall be adjusted to give the correct pressure at the spray head.
C. Teflon tape is to be used on all male threads when installing valves.
05/21/01 02810 - 10 010739010
D. All valve boxes are to be left in a clean condition, providing ready access to
valves.
3.5 QUICK COUPLING VALVES
Quick coupling valves shall be installed in a vertical position as shown in the details and
at locations shown on the plans.
3.6 BACKFLOW PREVENTER
Backflow preventer shall be installed as shown on drawings and in accordance with local
codes and ordinances.
3.7 REMOTE CONTROL WIRE
A. Connections between the automatic controllers and the remote control valves
shall be made with direct burial copper wire AWG-U.F. 600 volt. Pilot wires shall
be different color wire for each automatic controller. Common wires shall be
white with a different color stripe for each controller. Install in accordance with
valve manufacturer's specifications and wire chart. In no case shall wire size be
less than AWG #14 U.F.
B. All wire shall be installed according to local electrical codes and must be
insulated with PVC and bear UL approved (Type UF)for direct underground
burial.
3.8 CONTROL WIRE SPLICES
A. Control wire splices shall be made with 3M-DBY wire connectors and seaiant, or
an approved equal. Connectors shall be of the proper size to match the wire.
B. No control wire splices will be permitted between remote control valve boxes and
controllers.
3.9 VALVE BOXES
Valve boxes shall be installed in an accessible place as shown on plans. All valve box
covers, valve boxes, etc. shall be placed so the edges are parallel or perpendicular to
adjacent hard edges or edge of field. Top of all boxes shall be 1" above finished grade.
Top surface of boxes shall be installed so that a smooth surface is created in relation to
existing grade. Boxes shall be a minimum of 7'—0" from edge of field.
3.10 IRRIGATION HEADS
Irrigation heads shall be installed in plumb position at intervals not to exceed those
shown and in the approximate location and configuration shown on the plans. Head
swing joints, risers and flexible connectors shall be as shown on the details. All nipples
shall be the minimum length required to allow irrigation head adjustment motion without
including load on the supply pipe. Irrigation heads shall be installed as detailed on the
plans.
ilClM JM112122H, .
05/21/01 02810 - 11
3.11 TRENCH EXCAVATION AND BACKFILL
A. The Contractor shall perform all excavation to the depth indicated in these
specifications and plans. All excavated material not required for fill or backfill
shall be removed from the site. The banks of trenches shall be kept as nearly
vertical as practicable. Trenches shall be wide enough to permit proper placing
of pipe. Where rock excavation is required, or where stones are encountered in
the bottom of the trench, the rock or stones shall be removed to a depth of four
(4) inches minimum below the trench depth indicated. The over-depth rock
excavation and all excess trench excavation shall be backfilled with loose, moist
earth or sand, thoroughly compacted. Whenever soil, which is wet or otherwise
incapable of supporting the pipe is encountered in the trench bottom, such soil
shall be removed to a depth and length required and the trench backfilled to
trench bottom grade as hereinafter specified, with coarse sand, fine gravel or
other suitable material.
B. Bottom of trench grade shall be continued past ground surface deviations to
avoid air pockets and low collection points in line. The minimum cover
specifications shall govern regardless of variations in ground surface profile and
occasional deeper excavation required at banks and other field conditions.
Excavation shall be such that a uniform trench grade variation will occur in all
cases where variations are necessary. In no case shall the angle of deflection
from one pipe length to another exceed 5 degrees.
C. Trench excavation shall consist of the satisfactory removal and disposition of all
materials, and shall include all shoring and sheeting required by state and local
regulations to protect the excavation and to safeguard employees.
D. During excavation, materials suitable for backfilling shall be stockpiled in an
orderly manner a sufficient distance back from edge of trenches to avoid
overloading and prevent slides or cave-ins. No excavated materials shall be
placed within or permitted to fall upon roadways.
E. The trenches shall be carefully backfilled with the excavated materials approved
for backfilling, consisting or earth, loam, sandy clay, sand, or other approved
materials, free from large clods of earth or stone. Rock, broken concrete or
pavements and large boulders shall not be used as backfill material. The backfill
shall be thoroughly compacted and evened off with the adjacent soil level. Any
materials not suitable for backfill shall be removed from the site and disposed of.
F. Select fill dirt or sand shall be used if soil conditions are rocky. In rocky areas
the trenching depth shall be four inches below normal trench depths to allow for
this bedding. The fill or dirt or sand shall be used in filling four inches above the
pipe or wires. The remainder of the backfill shall contain no lumps or rocks
larger than one inch. The top six inches of backfill shall be free of rocks, subsoil
or trash.
G. Backfill shall be placed in layers; the thickness of the layers shall depend on the
nature of the material and the method of compaction used. Compaction shall be
05/21/01 02810 - 12 010739010
accomplished in such a manner as to assure that there will be no future
subsidence.
H. Any trenches improperly backfilled, or where settlement occurs, shall be
reopened to the depth required for compaction, then filled and compacted with
the surface restored to the required grade and left in a completed surface
condition as described above.
+— 1. All excavation and backfill shall be unclassified and covered in the base bid. No
additional charges will be allowed for rock encountered.
3.12 LEAK TEST
A. When the main line or sections of the main line, laterals, swing joints and valves
have been installed, the system (or section)will be thoroughly flushed. The
system (or section)will then be pressurized for 8 hours at the operating
pressure.
B. All lateral lines, from the control valve to the spray head, shall be tested, for an
operating period of 8 hours by capping the pipe at the sprinkler head and
pressurizing the pipe.
C. Any leakage found will be repaired and retested for another 8-hour period prior
to backfilling.
3.13 CLEANING AND FLUSHING SYSTEM
After pipe, fittings, and valves have been installed and connections made to the water
source, flush pipes several times until free of all rocks, dirt, trash, pipe shavings or
debris before installing heads. After the pipe has been thoroughly flushed, start
installing the heads with the water running, beginning with the one nearest the valve and
working toward the ends of the laterals forcing the water and any debris left in the pipe
out the last head connection. After the heads have been installed the system is to be
operated several times before final inspection. The heads shall also be cleaned or
replaced if necessary before final inspection.
3.14 PLANT MATERIALS
Where it is necessary to excavate adjacent to plant materials, the Contractor shall use
all possible care to avoid injury to plants and plant roots. Excavation in areas where two
(2) inch and larger roots occur shall be done by hand. All roots two (2) inches and
larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under
and shall be heavily wrapped with burlap to prevent scarring or excessive drying.
Where a trencher is run close to plants having roots smaller than two (2) inches in
diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making
clean cuts through. Roots one (1) inch and larger in diameter shall be painted with two
coats of Tree Seal, or equal. Trenches adjacent to plant should be closed within twenty-
four(24) hours; and where this is not possible, the side of the trench adjacent to the
plant shall be kept shaded with burlap or canvas. No trenching shall occur within 8' of
05/21/01 02810 - 13 010739010
existing trees if heads occur closer than 8' to an existing tree, the lateral trench shall be
cut radial to the trunk.
3.15 TEMPORARY REPAIRS
The Owner reserves the right to make temporary repairs as necessary to keep the
irrigation system equipment in operating condition. The exercise of this right by the
Owner shall not relieve the Contractor of his responsibilities under the terms of the
guarantee as herein specified.
3.16 CLEANUP
A. Make final cleanup of all parts of the work before final acceptance. This cleanup
shall include removal of all construction materials and equipment, and in general
leaving the site in an orderly and finished appearance.
B. The Contractor shall also remove from the site any rock or extra soil resulting
from this contract and he shall restore the site to its original condition or better.
END OF SECTION
i
i
i
;1
05/21/01 02810 - 14 010739010
SECTION 02840- TURF SODDING
PART 1 -GENERAL
1.01 DESCRIPTION
A. Work Included: This work includes all labor, materials and equipment for soil
preparation, fertilization,planting and other requirements regarding turfgrass sodding
shown on the plans.
B. Related Work Specified Elsewhere: Section 02300, Earthwork.
1.02 REFERENCE STANDARDS
A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature,
Second Edition, 1942.
B. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
. c. Flora of North Central Texas by Shinners and Moller
1.03 SUBMITTALS
Samples, certificates and specifications of sod, fertilizer, compost, soil amendments or other
materials may be requested by the Project Manager.
All delivery receipts and copies of invoices for materials used for this work shall be subject to
verification by the Project Manager.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Sod: Harvesting and planting operations shall be coordinated with not more than forty
eight hours elapsing between the harvesting and planting.
B. Fertilizer
1. Unopened bags labeled with the analysis.
2. Conform to Texas Fertilizer Law.
1.05 QUALITY CONTROL
The contractor who plants the sod is responsible for supervision of his crew, while planting the
sod and maintaining the sod until the project is accepted by the City.
SECTION 02840-TURF SODDING
-1 -
PART 2—PRODUCTS
2.01 SOD
A. The sod shall be"Common Bermuda"and shall consist of stolons, leaf blades, rhizomes
and roots with a healthy,virile system of dense, thickly matted roots throughout the soil of
the sod for a thickness not less than one inch. Sod shall be alive,healthy and vigorous and
shall be free of insects, disease, stones and undesirable foreign materials and grasses. Sod
shall have been produced on growing beds of clay or clay-loam topsoil. The sod shall not _
be harvested or planted when its moisture condition is so excessively wet or dry that its
survival will be affected. If sod is stacked, it shall be kept moist and shall be stacked
roots-to-roots and grass-to-grass.
B. The sod shall be cut in strips four feet wide, or as called for on plan, to be laid parallel
with the contours.
2.02 FERTILIZER
A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis.
B. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area two weeks after sodding.
C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer
rate shall be 45 pounds of nitrogen per acre.
2.03 WATER
The water shall be furnished by the Contractor and shall be clean and free of industrial wastes or
other substances harmful to the germination of the seed or to the growth of the vegetation. The Mo
amount of water will vary according to the weather variables. Generally, the sod should be
soaked one time per day for three weeks or until established. Soaking is mandatory after
spreading the fertilizer. .�
2.04 COMPOST
All compost material is to be totally organic and decomposed for at lease nine months. All
compost is to be clean and free of fungus, disease, live plants, seed, excessive cotton lint and any
harmful chemicals. "New Life Soil Conditioner" or"Perma Green Compost", as specified below
or an approved equal, shall be used. Raw organics are not acceptable.
A. For soil with an alkaline pH condition: Use "New Life Acid Gro" (acid pH) soil
conditioner as produced by Soil Building Systems of Dallas, or an approved equal.
B. For soil with an acidic pH condition: Use "Perma Green Compost" by Texas Earth
Resources,Inc. of Dallas, or"New Life Natural Grower" (ph 8.0 to 9.0)by Soil Building
Systems, Inc., of Dallas.
C. Sample and Specification Submittal: Submit a producer's specification and a quart
sample of the compost proposed for the Project Manager's approval.
SECTION 02840-TURF SODDING .�
-2-
PART 3 - EXECUTION
3.01 GENERAL
All turfing operations are to be executed across the slope, parallel to finished grade contours.
3.02 SOIL PREPARATION
A. Scarify subgrade to a depth of three inches (3")before depositing the required topsoil.
T B. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and
prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel-
type breaking plow, chisels set not more than ten inches apart. Initial tillage shall be done
in a crossing pattern for double coverage, then followed by a disc harrow. Depth of
tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted
with sod.
C. Cleaning: Soil shall be further prepared by the removal of debris, building materials,
rubbish, weeds and stones larger than one inch in diameter.
D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with
one-half inch compost and then shall be leveled, fine graded, and drug with a weighted
spike harrow or float drag. The required result shall be the elimination of ruts,
depressions, humps and objectionable soil clods. This shall be the final soil preparation
step to be completed before planting.
3.03 PLANTING
Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a
depth of four inches, but not to the extent causing puddling. The sod shall be laid smoothly,
tightly butted edge to edge, and with staggered joints. The sod shall be pressed firmly into the
sod bed by mechanical roller so as to eliminate all air pockets,provide a true and even surface,
and insure knitting without displacement of the sod or deformation of the surfaces of sodded
areas. Following compaction, compost shall be used to fill all cracks between sods. Excess
V compost shall be worked into the grass with suitable equipment and shall be well watered. The
quantity of compost shall be such that it will cause no smothering or burning of the grass.
3.04 FERTILIZING
Twenty-one days after planting, turfgrass areas shall receive an application of 3-1-2 fertilizer at
the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning as per
requirements indicated in Part 2 —2.03 Water
END OF SECTION
SECTION 02840-TURF SODDING
-3-
-SECTION 02860- PLAYGROUND EQUIPMENT
PART 1 -GENERAL
1.01 DESCRIPTION
A. This section shall include all materials, labor, tools, equipment, transportation and
supervision required for the installation of new playground equipment.
1.02 RELATED WORK
A. Section 02140— Site Underdrains
B. Section 02537 - Engineered Wood Fibar Playground Surfacing
C. Section 02870 - Site Furnishings
B. Section 03300 - Cast-In-Place Concrete
1.03 QUALITY ASSURANCE/PRODUCTS
A. Codes and Standards:
1 All equipment and materials shall meet the standards and requirements of the
latest editions of the U. S. Consumer Product Safety Commission's (CPSC)
P& Handbook for Public Playground Safety and ASTM Designation F1487:
Standard Consumer Safety Performance Specification for Playground
Equipment for Public Use.
2. All equipment shall be new and conform to all standards of specified product
or approved "or equal"product (see Part 2—2.02).
3. The Bidder shall be responsible for defects in equipment due to faulty material
or manufacturing, damage or loss.
B. Submittals:
OM 1. Submittals must be received and approved by the Project Manager prior to
ordering equipment. Refer to General Requirements— Section 01640— 1.02.
2. Submittals Prior to Construction- Submit manufacturers' documentation of
product compliance with CPSC and ASTM F1487 Standards including:
a. All paints and other similar finishes must meet the current CPSC
regulation for lead in paint(0.06 percent maximum lead by dry
weight).
PLAYGROUND EQUIPMENT
02860
' 1T,,
4M
b. Regardless of the material or the treatment process, the
manufacturer shall ensure that the users of the playground �.
equipment cannot ingest,inhale, or absorb any potentially
hazardous amounts of substances through body surfaces as a result
of contact with the equipment.
C. Submittals must be received and approved by the Project Manager
prior to ordering equipment. Refer to General Requirements—
Section 01640— 1.02
3. Submittals Prior to Project Acceptance—Contractor shall submit all
manufacturers' literature to the Project Manager prior to acceptance of the
project.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Protect from inclement weather: wet,damp, extreme heat or cold.
B. Store in a manner to prevent warpage,bowing or damage.
C. All construction material such as subsurface drain gravel and play surface material
may not be delivered to the site until installation of such material.
D. Operation and Maintenance Manuals—Prepare and deliver to the Owner within ten
(10)calendar days prior to completion of construction; two (2)hard cover and three
(3)ring binders containing the following information:
1. Index sheet stating Contractor's address, telephone and fax number, e-mail address
and listing of equipment with the name and addresses of the local equipment
manufacturer's representative.
2. Catalog and parts sheets on each product and equipment type installed under contract
3. Guarantee Statement.
4. Complete operating and maintenance instruction on all major equipment.
PLAYGROUND EQUIPMENT
02860
2
W
R 1.05 JOB CONDITIONS
A. The Contractor shall be responsible for the protection of unfinished work and
shall be responsible for the safety of the park users utilizing unfinished
equipment.
ffi B. The Contractor shall be required to submit a Safety Plan indicating the use of
temporary construction fencing, si nage and barriers necessary to prevent park
�. users from utilizing unfinished equipment, for Owner approval at the Pre-
Construction meeting. At any time during construction non compliance to the
Safety Plan or any other safety hazard is found to exist on the construction site,
The Contractor shall be required to correct any and all non compliance issues and
/or safety hazards immediately-within the same day of notification.
C. All cost incurred be the Contractor to insure compliance to this specification shall
be subsidiary to the cost of purchase and installation of equipment.
PART 2—PRODUCTS
2.01 Play component structure and ancillary equipment shall consist of GameTime products
from Southwest Parks and Playgrounds, L.P. (1-500-433-5347) or from approved"or
equal"equipment supplier.
2.02 Equipment submitted for"approved equal" substitution consideration shall be required to
meet the following minimum criteria:
A. Composite Play Structure
1. Match plan design layout/ fall zones and not require modification to
playground layout footprint.
2. All substitution submittals shall require play component structure and
ancillary pieces superimposed on to the playground layout footprint at a
1"=10' scale and include individual fall zone layout of each component.
Submittals which do not include a 1"-10' scale plan of the substitution product
with associated fall zones within the playground layout as shown on plans
W will not be considered.
3. Wood component composite structures or any individual wood play element
pieces will not be accepted.
I, 4. Individual play element pieces on the composite play structure are required to
provide an equal to or similar play experience. The Project Manager shall
make the final determination as to whether similar play experience is
Vb achieved.
5. 2—5 Year age appropriate play section shall consist of three different deck
elevations not to exceed 36"deck height and provide elevated play
Im components per design or which provide similar play experience.
PLAYGROUND EQUIPMENT
02860
3
6. 5 — 12 Year age appropriate play section shall consist of three different deck
elevations ranging from a minimum deck height elevation of 56"not to exceed
72" and provide elevated play components per design or which provide similar
play experience.
7. Deck platform increments shall consist of either 6"or 8" increments with
enclosed risers. '
8. Decks shall be either 11 or 12 guage one piece punched steel with 1/4" - 5/16"
perforations.No solid steel or expanded metal decking will be accepted.
9. Decks shall have a PVC matte coating finish with minimum .125"thickness.
10. Vertical posts shall consist of either 4 yz"or 5"O.D. steel with a minimum
yield strength of 50,000 psi and minimum tensile strength of 50,000 psi.
11. All metal posts,barrier rails and all other metal components shall have a
powdercoat or polyester finish of 3—5 mils thickness.
12. Partially enclosed slides and crawl tubes will be considered on Playground
Option No. 2 in lieu of slides providing"peek-a-boo" effect.
13.Fastening system shall be GameTime- Powerlock as specified or clamp
system which provides multiple connections at each clamp. Clamping systems
which require separate clamps for each play component piece will not be
accepted.
14. Color selection MA
a. Deck colors shall have a minimum of 5 colors to choose from
including at least three primary colors.
b. Manufacturer to provide complete color palate with substitution MK
submittal.
PART 3 -EXECUTION
3.01 GENERAL: All items shall be supplied by Contractor and installed as per
manufacturer's recommendations.
3.02 FALL ZONES: Contractor shall verify all fall zone clearances onsite prior to installing
the equipment. Notify the Landscape Architect of any conflicts or discrepancies. The
Contractor will be required to remove and reinstall any mow strips/hardscape at own
expense and at no additional contract time if fall zone discrepancies are found and require
remedy
2.03 CONCRETE FOOTINGS: The finished grade of all concrete footings shall be set a
minimum twelve inches below the finish grade of surfacing material.
2.04 FASTENERS: All nuts and bolts shall be upset and tack welded to prevent disassembly
on all equipment that is not installed with specialized fasteners.
PLAYGROUND EQUIPMENT
02860
4
2.05 INSTALLATION SEQUENCING: The Contractor will not be allowed to deliver on
site and install any playground equipment until gradework, mow strip, subsurface
drainage and all other hardscape items have been installed and approved by the
Project Manager. The Contractor will be required to remove any equipment from
the site at own expense and at no additional contract time if found to be in non
compliance to this specification note.
END OF SECTION
m
PLAYGROUND EQUIPMENT
02860
1P 5
SECTION 02870- SITE FURNISHINGS
PART I - GENERAL
1.01 DESCRIPTION
Furnish and supply all labor, equipment, materials and incidentals necessary to assemble,
install and otherwise construct park equipment as listed under products.
r
1.02 RELATED WORK
A. Section 03300 - Cast-in-Place Concrete.
B. Section 07920 - Caulking and Sealants
1.03 QUALITY ASSURANCE
A. All equipment shall be free of sharp edges and corners, or extremely rough
surfaces.
C. All materials shall be new and conform to all standards per specified product or
aproved equal (see Division I—Section 01640/ Substitutions And Product
Options
D. The bidder shall be responsible for defects in equipment due to faulty materials or
manufacturing, damage or loss.
E. Metal shall be straight or at design radii or bends,without kinks, and shall be true
,. to shape.
E. Codes and Standards: All "accessible" site furnishings shall comply with the
IP current Texas Accessibility Standards(TAS) of the Architectural Barriers Act,
Article 9102, Texas Civil Statutes(512)453-3211.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Protect from inclement weather: wet, damp, extreme heat or cold.
B. Store in a manner to prevent warpage and/or bowing.
1.05 JOB CONDITIONS
The contractor shall be responsible for protection of unfinished work and shall be
responsible for the safety of park users utilizing unfinished equipment.
SITE FURNISHINGS
02870
- 1 -
PART 2 - PRODUCTS
2.01 Equipment as specified on plans or approved eaqual.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Fasteners: All nuts and bolts shall be upset and tack welded to prevent
disassembly.
B. Manufacturer's Installation Instructions: The Contractor shall follow the
manufacturer's installation instructions and give the Landscape Architect the
instructions for filing, unless otherwise stated. Set benches and picnic tables
level.
END OF SECTION
SITE FURNISHINGS
02870
-2-
SECTION 02930- SEEDING
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans.
B. Related Work Specified Elsewhere: Section 02300, Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized Plant Names
1. For exotic plant materials: American Joint Committee of Horticultural
Nomenclature, Second Edition, 1942.
2. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
,,. B. Texas Highway Department: Standard Specifications for Construction, Item 164,
"Seeding for Erosion Control"and Item 180, "Wildflower Seeding".
-- 1.03 SUBMITTALS
A. Seed
1. Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed(PLS)
b. Name and type of seed
2. If using native grass or wildflower seed, seed must have been harvested within one
hundred(100) miles of the construction site.
3. All seed shall be tested in a laboratory with certified results presented to the City, in
writing,prior to planting.
4. All seed to be of the previous season's crop and the date on the container shall be
within twelve months of the seeding date.
5. Each species of seed shall be supplied in a separate, labeled container for acceptance
by the City.
B. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
A. Planting Season: The season varies according to species (see Part 2 - Products). Do not
seed when soil is excessively wet or dry or when wind exceeds ten (10)miles per hour.
B. Schedule After All Other Construction and planting is complete.
SECTION 02930-SEEDING
- I -
No
C. Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The contractor who plants the seeds,whether the general contractor or a subcontractor, is
responsible for daily supervision of his crew, and for the planting and maintaining of seedlings
until acceptable, viable growth is achieved and the project accepted by the City.
PART 2—PRODUCTS
2.01 MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed(PLS =purity x germination)per
acre.
Substitution of individual seed types due to lack of availability shall be made only by the
City at the time of planting. The Contractor shall notify the City,prior to bidding, of
difficulties locating certain species. Only those areas indicated on the plans and areas
disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in
the field and approved by the City. Any adjustment of area location by the City shall be
considered incidental and shall not entitle the Contractor to additional compensation.
Weed seed shall not exceed ten percent(10%) by weight of the total of pure live seed
(PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be �.
allowed.
The seed shall be clean, dry and harvested within one year of planting.
1. Non-native grass seed shall consist of-
If planted between April 15 and September 10:
Lbs./Acrc Common Name Scientific Name Rgpl( Germination
25 Bermuda(unhulled) Cynodon dactylon 85% 90%
75 Bermuda(hulled) Cynodon dactylon 95% 90%
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium multiflorum 82% 80%
40 Bermuda(unhulled) Cynodon dactylon 84% 85% m
SECTION 02930-SEEDING
-2-
2 Native Lyrass seed - The seed shall be planted between February 1 and October 1
and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
1.6 Green Sprangletop Leptochloa dubia
5.5 Sideoats Grama* Bouteloua curtipendula
3.7 Little Bluestem* Schizachyrium scoparium
17.0 Buffalograss Buchloe dactyloides
1.8 Indian Grass* Sorghastrum nutans
0.5 Sand Lovegrass* Eragrostis trichodes
6.0 Big Bluestem Andropogon gerardii
8.0 Eastern Grama Tripscacum dactyloides
1.2 Blue Grama Bouteloua gracilis
1.8 Switchgrass Panicum virgatum
10.0 Prairie Wildrye* Elymus canadensis
*These grasses are not to be planted within ten feet of a road or parking lot or
within three (3) feet of a walkway.
3 Wildflower seed -All wildflower seeds are to be hand broadcast, (see 3.02,A).
The seed shall be planted between March 5 and May 31 or between September 1
and December 1 and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
3.0 Bush Sunflower Sinsia calva
5.0 Butterfly Weed Asclepias tuberosa
2.0 Clasping Coneflower* Rudbeckia amplexicaulis
3.0 Golden- Wave Coreopsis basalis
13.4 Illinois Bundleflower Desmanthus illinoensis
13.6 Partridge Pea Cassia fasciculata
2.0 Prairie Verbena Verbena bipinnatifida
8.0 Texas Yellow Star Lindheimeri texana
8.0 Winecup Callirhoe involcrata
2.0 Black-eyed Susan Rudbeckia hirta
18.0 Cutleaf Daisy Engelmannia pinnatifida
2.0 Obedient Plant Physostegia intermedia
3.0 Pitcher Sage Salvia azurea
2.0 Plains Coreopsis Coreopsis tinctoria
8.0 Scarlet Sage Salvia coccinea
*These wildflowers are not to be planted within ten feet of a road or parking lot or
.� within three feet of a walkway.
4. Temporary erosion control seed
When specified on the plans, temporary control measures shall be performed.
These measures shall consist of the sowing of cool season plant seeds and the
work and materials as required in this section.
�. SECTION 02930-SEEDING � +, 1� '
-3-
B. Mulch
1. Mulch should be designed for use with conventional mechanical or hydraulic
planting of seed, either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced from virgin wood or recycled
paper-by-products(waste products from paper mills or recycled newspaper).
3. Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten percent(10%)moisture, air dry weight
basis.
5. Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled showing the
analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area.
3. Analysis of 16-20-0, 16-8-8,or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding.
b. Where applying fertilizer on newly established seeding areas - 100 pounds
of Nitrogen per acre.
C. Where applying fertilizer on established seeding areas - 150 pounds of '
Nitrogen per acre.
D. Water: Shall be famished by the Contractor by means of temporary metering/irrigation,
water truck or by any other method necessary to achieve viable, acceptable stand of turf
as noted in 3.04.B.2. of this specification. The water source shall be clean and free of
industrial wastes or other substances harmful to the germination of the seed or to the
growth of the vegetation. The amount of water will vary according to the weather
variables. Generally, an amount of water that is equal to the average amount of rainfall
plus one half inch (1/2")per week should be applied for approximately three weeks or
until project is accepted by the City.
E. Erosion Control Measures
1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled
paper mulch, (see 2.01, B. Mulch and 3.03).
2. For seeding application in areas 3:1 slope or greater,use the following soil
retention blanket (Follow the manufacturer's directions):
"Curlex I" from American Excelsior,900 Ave. H East,Post Office Box 5624,
Arlington, Texas 76001, 1-800-777-SOIL.
2.02 MIXING
Seed, mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty(30)minutes after placed in the equipment.
SECTION 02930-SEEDING s
-4-
PART 3—EXECUTION
3.01 SEEDED PREPARATION
A. Clear Surface of All Materials, Such As:
1. Stumps, stones, and other objects larger than one inch.
2. hoots,brush, wire, stakes, etc.
3. Any objects that may interfere with seeding or maintenance.
P' B. Tilling
1. In all compacted areas till one inch(1")deep.
2. If area is sloped greater than 3:1,run a tractor parallel to slope to provide less
seed/water run-off.
3. In areas near trees: Do not till deeper than one half(1/2") inch inside "drip line"
of trees.
C. Watering: Soil should be watered to a minimum depth of four inches within forty eight
(48) hours of seeding.
3.02 SEEDING
A. If Sowing Seed By Hand
1. Broadcast seed in two directions at right angles to each other.
2. Harrow or rake lightly to cover seed.
3. Never cover seed with more soil than twice its diameter.
4. For wildflower plantings, scalp existing grasses to one (1") inch, remove grass
clippings, so seed can make contact with the soil.
B. Mechanically Seeding(Drilling):
If mechanically seeding(drilling)the seed or seed mixture, the quantity specified shall be
uniformly distributed over the areas shown on the plans or where directed. All varieties
of seed, as well as fertilizer,may be distributed at the same time provided that each
component is uniformly applied at the specified rate. Seed shall be drilled at a depth of
from one quarter inch to three eighth inch(1/4"-3/8") utilizing a pasture or rangeland type
drill. All drilling is to be on the contour. After planting, the area shall be rolled with a
roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All rolling
of slope areas shall be on the contour.
3.03 MULCHING
A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be
applied concurrently with fertilizer and seed, if desired.
B. Apply at the following rates unless otherwise shown on plans:
1. Sandy soils, flat surfaces- minimum 1,500 lbs./acre.
2. Sandy soils, sloping surfaces -minimum 1,800 lbs./acre.
3. Clay soils, flat surfaces -minimum 2,5001bs../acre.
4. Clay soils, sloping surfaces-minimum 3,000 lbs./acre.
SECTION 02930-SEEDING
-5-
5. "Flat"and"sloping" surfaces will be shown on the plans if not visually obvious.
C. Apply within thirty(30) minutes after placement in equipment. Keep mulch moist,by
daily water application, if necessary:
1. For approximately twenty-one (2 1) days, or
2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project
has been accepted by the City.
3.04 MAINTENANCE AND MANAGEMENT Im
A. Includes protection,replanting, maintaining grades and immediate repair of erosion
damage until the project receives final acceptance. Refer to Part 2—2.01 —D. for Eq
watering requirements to be executed by the contractor.
B. Replanting •N
1. Replant areas where a stand of grass or wildflowers are not present in a reasonable
length of time, as determined by the City.
2. A"stand" shall be defined as:
a. Bermuda/Rye grasses: Full coverage per square foot established within
two to three(2-3)weeks of seeding date on a smooth bed free of foreign
material and rocks or clods larger than one inch diameter.
b. Native grass and wildflowers: eighty percent(80%) coverage of growing
plants within seeded area within twenty-one days of seeding date on a
smooth bed free of foreign material and rocks or clods larger than one inch
diameter.
END OF SECTION
SECTION 02930-SEEDING
-6-
SECTION 03300—CAST-IN-PLACE CONCRETE
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Concrete Sidewalk
B. Concrete Handicap Ramps
C. Picnic Table Slabs
D. Playground Edging
E. Concrete Walls and Footings
F. Related work elsewhere: Section 07920—Caulking and Sealants
1.02 QUALITY ASSURANCE
Reference Specifications: The work under this division of the Specifications shall
conform generally to the requirements of Item 314 - "Concrete Pavement", Item 406 -
"Concrete for Structures", and Item 410—"Concrete Structures" of the City of Fort
Worth's Standard Specifications for Street and Storm Drain Construction.
PART 2 - MATERIALS
2.01 FORMS
Forms shall be of ample strength, adequately braced,joined neatly and tightly and set
exactly to established line and grade.
2.02 REINFORCING MATERIALS
Reinforcing Bars: Reinforcing bars shall be round deformed bars meeting the
requirements of the current standard Specifications for Intermediate Grade Billet Steel
Concrete Reinforcing Bars of the A.S.T.M. Designation A-615. Reinforcing bars at the
time the concrete is placed shall be free from rust, scale or other coatings that will destroy
or reduce the bond. General reinforcing bars shall be number three bars spaced 18 inches
on center in walks and 12 inches in slabs as shown on Plans.
2.03 CONCRETE MATERIALS
A. Cement: Portland cement shall meet the requirements of A.S.T.M. Specifications
Designation C-150 and shall be Type 1.
B. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and
shall be free from any excess amount of salt, alkali, vegetative matter or other
objectionable materials. The aggregate shall be well graded from fine to course
and the maximum size shall be one inch . Fine aggregate shall consist of sand
C. Water: Water used in mixing concrete shall be clean and free from deleterious
amounts of acids, alkalies, vegetative matter or organic mate
shall be mixed in an approved batch mixer. The mixing time s al n—t.qe J _ J ,p
than one minute after all the batch materials are in the mixer. Crept,�ot r
CAST-M-PLACE CONCRETE p, v'7�UWo U54��
03300
- 1 -
W
shall be not less than five sacks per cubic yard of concrete and shall have a
minimum 28 day compressive strength of 3,000 psi.
D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as
specified above. Sufficient transit mix equipment shall be assigned exclusively to
the project as required for continuous pours at regular intervals without stopping
or interrupting. Concrete shall not be placed on the job after a period of 1 1/2
hours after the cement has been placed in the mixer.
2.04 RELATED MATERIAL
A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart
redwood with cap and paved cross section as shown on the plans
B. Dowels: Dowels for expansion joints shall be number four smooth round steel
bars with expansion tubes as shown on Plans. Dowels shall be placed eighteen
inches on center or as shown on Plans.
C. Curing Compound: The membranous curing compound shall comply with the
requirements of A.S.T.M.,Designation C-309,Type 2, white pigmented.
D. PVC Sleeves: The Contractor shall furnish and install four inch class 200 PVC
pipe sleeves under concrete walk as shown on plans and details. -
E. Caulking and Sealants—See Section 07920
2.05 CONCRETE MIX DESIGN AND CONTROL
A. Mix Design: The concrete shall contain not less than five sacks of cement per
cubic yard. Total water shall not exceed seven gallons per sack of cement. The
mix shall be uniform and workable. The amount of course aggregate(dry-loose
volume) shall not be more than 85 percent per cubic yard of concrete.
The net amount of water will be the amount added at the mixer plus the free water
in the aggregate or minus the amount of water needed to compensate for
absorption by the aggregates. Free water or absorption determinations will be
based on the condition of the aggregates at the time used. The absorption test will
be based on a thirty minute absorption period. No water allowance will be made
for evaporation after batching.
B. Slump: When gauged by the standard slump test,the settlement of the concrete
shall not be less than 3 inches nor more than 5 inches,unless otherwise indicated.
C. Quality: The concrete shall be designed for a minimum compressive strength of
3,000 pounds per square inch at the age of twenty-eight days using a 5 sack mix.
CAST-IN-PLACE CONCRETE
03300 M0
-2-
D. Control-Submittal: Within a period of not less than ten days prior to the start of
concrete operations, the Contractor shall submit to the Engineer a design of the
concrete mix proposed to be used together with samples of all materials to be
incorporated into the mix and a full description of the source of supply of each
material component. The design of the concrete mix shall conform with the
provisions and limitation requirements of these specifications. All material
samples submitted to the Engineer shall be sufficiently large to permit laboratory
batching for the construction of test beams to check the adequacy of the design.
w When the design mix has been approved by the Engineer, there shall be no change
or deviation from the proportions thereof or sources of supply except as
hereinafter provided. No concrete may be placed on the job site until the mix
design has been approved by the Engineer in writing to the Contractor.
PART 3 - EXECUTION
OP
3.01 REINFORCING
Metal reinforcing shall be accurately placed in accordance with the Plans and shall be
adequately secured in position by concrete, metal, or plastic chairs and spacers. Bar
splices shall overlap at least twelve inches. The re-bars shall be bent cold.
3.02 JOINTS
A. Expansion Joints: Expansion joint materials shall be installed perpendicular to
the surface. The bottom edge of the material shall extend to or slightly below the
bottom edge of the slab and the top edge shall be held approximately 1/2 inch
below the surface of the slab. The edge of joints shall be tooled with an edging
tool having a 1/2 inch radius.
B. Contraction Joints: Contraction joints shall be 1/4 inch wide by 3/4 inch deep,
tooled joints placed on six foot centers, unless otherwise indicated. Contraction
joints will not be required to be sealed. Sawed joints may be allowed only if
specifically approved by the Engineer. Joints will be sawed as soon as sawing
can be performed without stripping aggregate from the concrete, generally within
twelve to twenty-four hours after placement, and they shall be completed before
uncontrolled cracking of the pavement takes place.
C. Construction Joints: Construction joints shall be installed in all concrete work at
the locations shown on the Plans. Construction joints formed at the close of each
day's work shall be located at any of the control joints designated on the Plans.
Joints may be constructed by use of wood or preformed metal bulkheads set true
to the section of the finished concrete and cleaned and oiled. Surplus concrete on
the subgrade shall be removed before resuming concreting operations.
3.03 PLACING CONCRETE
Placement of Concrete: The concrete shall be rapidly deposited on the subgrade
immediately after mixing is completed. Subgrade and forms shall be dampened prior to
placement of the concrete. The concrete shall be transported,placed and spread in such a
CAST-IN-PLACE CONCRETE
03300
^ -3-
manner as to prevent segregation of the aggregate or an excess amount of water and fine
materials to be brought to the surface. No concrete shall be placed when the air
temperature is less than forty degrees Fahrenheit nor when the temperature of the
concrete is eighty-five degrees Fahrenheit or higher,without approval of Construction
Inspector.
Placement shall be carried on at such a rate that the concrete is at all times plastic and
flows readily into the space between the bars. No concrete that has partially hardened or
that has been contaminated by foreign material shall be deposited in the work nor shall
retempered concrete be used. Each section of pavement between expansion and
construction joints shall be placed monolithically.
All concrete shall be thoroughly compacted by suitable means during the operation of
placing and shall be thoroughly worked around reinforcement and embedded fixtures and
into the corners of the forms. Special care shall be taken to prevent voids and
honeycombing. The concrete shall then be struck off and bull-floated to the grade shown
on the Plans before bleed water has an opportunity to collect on the surface.
3.04 FINISHING
All concrete shall be finished by experienced, qualified concrete finishers. All concrete
shall have a neat, rounded edge. Edging and jointing(radius described on Plans) shall be
accomplished with care so as not to leave deep impressions in the concrete surface
adjacent to edges and joints. After the concrete has been floated and has set sufficiently .�
to support the weight of cement finishers, a smooth steel trowel will be used to produce
hard surface. The entire surface will then be brushed with a stiff bristle broom to produce
a uniform textured finish. All edges and sides of concrete exposed to view shall be free
of warp and blemishes with a uniform texture and smoothness as described in Plans.
3.05 CURING r,
Curing Compound: Immediately after the finishing operations, the concrete shall be
completely covered with a curing compound. The concrete surface shall be kept moist
between finishing operations and the application of the curing compound. The curing
compound shall be applied under pressure by means of a spray nozzle at a rate not to
exceed 200 square feet per gallon. A minimum of 72 hours curing time will be required.
3.06 CONCRETE WALLS
A. Placing Concrete
1. Where tremies are used, or where the free drop is 5'-0" or more, and
through reinforcement,use a dumping box or board, moving the concrete
therefrom by shovels or hoes.
2. Deposit concrete so that the surface is kept level throughout, a minimum
being permitted to flow from one position to another, and place as rapidly
as practicable after mixing.
3. Do not use in this Work any concrete not placed within 30 minutes after
leaving the mixer.
s
CAST-IN-PLACE CONCRETE
03300
-4-
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4. Thoroughly work concrete around reinforcement and embedded fixtures,
and into corners of forms, during placing operations.
5. Completely compact with tamping poles and by tapping forms until the
concrete is thoroughly compact and without voids. Determine the number
of tampers needed by the amount and method of placing concrete.
6. Exercise care to tamp concrete vigorously and thoroughly to obtain
maximum density.
7. Use manual tampers as well as mechanical vibrators.
a. Exercise care to direct the quick handling of vibrators from one
position to another.
b. Do not over-vibrate concrete.
^
C. Do not move concrete by use of vibrator.
B. Finishing
^ 1. All formed surfaces exposed to view shall have a smooth form finish.
2. After concrete has been properly placed and cured, sandblast finish if
indicated on the plans and per specification Section 03350.
3.07 PROTECTION
After concrete is placed, finished and cured as required,permit no traffic thereon for
three days thereafter and further protect the surface from damage due to other causes.
END OF SECTION
^
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CAST-IN-PLACE CONCRETE
03300
-5-
SECTION 07920- CAULKING AND SEALANTS
PART I - GENERAL
1.01 DEFINITIONS:
A. The term "sealant" or "sealing" shall refer to exterior joints exposed to weather
or interior joints exposed to moisture. When "sealant" is used in an outside joint
in aluminum or steel frames, "sealant" shall be required on the inside joint also.
B. The term "caulk" or'caulking' (calking) shall refer to interior joints not normally
exposed to weather or moisture conditions.
1.02 SUBMITTAL:
A. Submit to Owner's representative manufacturer's literature, specification data,
and. color chart for all materials proposed for this project.
B. Identify their use and location.
1.03 GUARANTEE: The Contractor shall provide the Inspector a manufacturer's written
guarantee on all joint sealing materials. The manufacturer shall agree to provide any
replacement material free of charge to the City. Also, the Contractor shall provide the
Engineer a written warranty on all sealed joints. The Contractor shall agree to replace
any failed joints at no cost to the City. Both warranties shall be for one year after final
acceptance of the completed work by the Engineer.
PART 2-PRODUCTS
2.01 SEALANTS: As manufactured by Pecora or approved equal.
A. Concrete-to-Concrete(Horizontal Joint): NR-201 with primer.
B. Masonry-to-Masonry or Concrete-to-Concrete (Vertical): Dynatrol H
2.02 PRIMERS: Type as manufactured by manufacturer of sealing or caulking material and
completely compatible with compound.
*` 2.03 JOINT BACKING: Rods or tape in sizes and types as recommended by manufacturer of
sealing or caulking material, and completely compatible with compound.
CAULKING AND SEALANTS
07920
on
PART 3 -EXECUTION
3.01 GENERAL:
A. Work shall be performed by experienced mechanics skilled in execution of type
of work required and in application of specified materials.
B. Deliver materials to job site in original containers with manufacturer's name and
brand clearly marked thereon.
- C. When perimeter joints around frames that are to be caulked do not have built-in
stops or other means to prevent depth of compound from exceeding 1/2 inch,
pack joint with back-up materials of correct type and to the depth as necessary to
provide minimum 3/8" and maximum 1/2" depth of compound.
D. Materials and methods shall be as specified herein,unless they are contrary to
approved manufacturer's directions or to approved trade practice; or unless
Contractor believes they will not produce a watertight job which he will
guarantee as required. Where any part of these conditions occur, Contractor
shall notify Architect in writing. Deviation from procedure specified will be
permitted only upon Architect's approval and providing that work is guaranteed
by Contractor as specified.
E. If,prior to beginning work, Contractor does not notify Architect in writing of
any proposed changes, it will be assumed that he agrees that materials and
methods specified will produce results desired, and that he will furnish required
guarantee.
3.02 PREPARATORY WORK:
A. Where weather molds, staff beads, etc., do not form integral part of frames to be
caulked, but are removable, remove same prior to caulking, execute caulking,
replace molds, etc., and point. Mo
B. Clean all joints, etc., that are to be caulked or sealed,prior to executing work.
3.03 PRIMING: When conditions of joints so require, or when types of materials used
adjacent to joints so require, or when compound manufacturer's recommendations so
require, clean and prime joints before starting caulking. Execute priming operations in
strict accordance with manufacturer's directions.
3.04 JOINT BACKING: Joint backing shall be installed in all joints to receive sealants.
Backing shall be sized to require 20%to 50%compression upon insertion, and shall be
CAULKING AND SEALANTS
07920
-2-
placed so that sealant depth is approximately 1/2 joint width. In joints not of sufficient
depth to allow backing, install bond breaking tape at back of joint.
3.05 APPLICATION: Apply sealant and caulking material under pressure to fill joint
completely, allowing no air pockets or voids. Tool the joint surface to compress the
compound into the joint.
3.06 THRESHOLDS: Place all exterior door thresholds in a fill bed of sealant during setting
procedures.
3.07 CLEANING: Clean adjacent surfaces free of caulking and sealant and clean all work of
other trades that has in any way been soiled by these operations. Finished work shall be
left in a neat and clean condition.
END OF SECTION
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CAULKING AND SEALANTS ; ^7�'
.r 07920
3
C'I "ti
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f L .Jv1: J1 Gee
i
" BIDDER'S STATEMENT OF QUALIFICATIONS
Firm Name: Date Organized:
❑ PARTNERSHIP ❑ CORPORATION
Address:
City: State: Zip:
Telephone Number: Fax Number:
Number of years in business under present name:
Former name(s) of organization:
CLASSIFICATION: ❑ General ❑ Building ❑ Electrical ❑ Plumbing ❑ HVAC
'* ❑ Utilities ❑ Earthwork ❑Paving ❑ Other
LIST A MINIMUM OF THREE SIMILAR COMPLETED PROJECTS WITHIN LAST THREE
YEARS
PROJECT NAME AND LOCATION
NAME/TELEPHONE NUMBER OF OWNER
NAME/TELEPHONE NUMBER OF SURETY
AMOUNT OF CONTRACT
COMPLETION DATE
SCOPE OF WORK DESCRIPTION
i PROJECT NAME AND LOCATION
NAME/TELEPHONE NUMBER OF OWNER
NAME/TELEPHONE NUMBER OF SURETY
AMOUNT OF CONTRACT
COMPLETION DATE
BIDDER'S STATEMENT OF QUALIFICATIONS
- 1 -
SCOPE OF WORK DESCRIPTION
PROJECT NAME AND LOCATION
NAME /TELEPHONE NUMBER OF OWNER
NAME /TELEPHONE NUMBER OF SURETY
AMOUNT OF CONTRACT
,f
COMPLETION DATE
SCOPE OF WORK DESCRIPTION
PROJECT NAME AND LOCATION
NAME/TELEPHONE NUMBER OF OWNER
NAME/TELEPHONE NUMBER OF SURETY
AMOUNT OF CONTRACT
COMPLETION DATE
SCOPE OF WORK DESCRIPTION
PROJECT NAME AND LOCATION
NAME /TELEPHONE NUMBER OF OWNER
NAME/TELEPHONE NUMBER OF SURETY
AMOUNT OF CONTRACT
COMPLETION DATE
SCOPE OF WORK DESCRIPTION
BIDDER'S STATEMENT OF QUALIFICATIONS
-2-
2. LIST CONSTRUCTION SUPERINTENDENT'S NAME AND CONSTRUCTION EXPERIENCE:
3. LIST ALL LABOR SUBCONTRACTORS (attach additional pages as needed)
SUBCONTRACTOR NAME
TRADE
PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER
A.
B.
C.
SUBCONTRACTOR NAME
TRADE
op PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER
A.
OW
B.
C.
BIDDER'S STATEMENT OF QUALIFICATIONS
-3-
wo
SUBCONTRACTOR NAME
TRADE
PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER
PM A.
B.
C.
SUBCONTRACTOR NAME
TRADE
PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER
A.
B.
C.
ow
SUBCONTRACTOR NAME
TRADE
PREVIOUS PROJECT EXPERIENCE /CONTACT NAME/TELEPHONE NUMBER
A.
B.
C.
Note
1. Section 8.1 of the Standard Specifications for Street and Storm Drain Construction for
the City of Fort Worth will be enforced.
2. The Prime Bidder selected for this project shall submit Letters Of Intent executed
between the Prime Bidder and any and all subcontractors to be utilized on this project
within five working days of being recognized as the overall qualified low Prime Bidder by
the City. Subsequent substitution of sub-contractors must be approved by the City.
3. Prime Bidder shall include financial statement in this submittal.
BIDDER'S STATEMENT OF QUALIFICATIONS
-4-
CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it
provides workers' compensation insurance coverage for all of its employees employed on City
of Fort Worth Department of Engineering No.4404 and City of Fort Worth Project No. GR76-
080206845140.
CONTRACTOR
J&J SPRINKLER AND LANDSCAPE, INC.
By:
Name: av+
Title: Pre.5
Date: Ia :1 Z-►, �r'�l
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared
rr To , known to me to be the person whose name is subscribed to the
foreg ing instrument, and acknowledged to me that he executed the same as the act and deed
of J&J SPRINKLER AND LANDSCAPE, INC. for the purposes and consideration therein
expressed and in the capacity therein stated. � -
Given Under My Hand and Seal of Office this day of 4,t- , 20 eqz
--- Notary Public i n for thigiate of Texas
TAMMY LEGG
r� `£ Notary Public,State of Texas
My Commission Expires
May 14, 2008
PF
PW
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DATE
ACC
M DD nM <:
::.. n ,/98/04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
JAY S. LYDA INSURANCE AGENCY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2520 HARWOOD RD. , STE 500 COMPANIES AFFORDING COVERAGE
BEDFORD, TEXAS 76021 COMPANY
A COLONY INSURANCE CO.
INSURED
� COMPANY
J&J SPRINKLER & LANDSCAPE CO. B FARMERS INSURANCE GROUP
5749 WATAUGA RD. COMPANY
WATAUGA, TX 76148 C HARTFORD INSURANCE CO.
COMPANY
D
:>zz;::;:;>::>:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTA DATE(MM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $1, 000, 0 0 0
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG 51, 0 0 0 , 000
CLAIMS MADE X�OCCUR PERSONAL&ADV INJURY $1, 000 , 000
A X OWNER'S&CONTRACTOR'S PROT GL-693356 01/18/04 01/18/05 EACH OCCURRENCE $1, 000 , 000
FIRE DAMAGE(Any one fire) S 50 , 000
MED EXP(Any one person) S 1 000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
X ANY AUTO 1, 000 , 000
X ALL OWNED AUTOS
BODILY INJURY
m SCHEDULED AUTOS (Per person) $
B X HIRED AUTOS 6931 4 8 43 04/15/04 0 4/15/0 5 BODILY INJURY
X NON-OWNED AUTOS (Per accident) S
—" PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE s2, 000, 000
C X UMBRELLA FORM 4 6 REUMB 9 8 41 01/18/04 01/18/05 AGGREGATE s2 , 000, 000
OTHER THAN UMBRELLA FORM S
WORKERS COMPENSATION AND X I WC STATU- OT -
TORY IMITS R
EMPLOYERS'LIABILITY
EL EACH ACCIDENT 5 5 0 0 , 0 0 0_
C THE PRQPRIETOR/ INCL 4 6 WECGA6 9 5 8 02/01/04 0 2/0 1/0 5 EL DISEASE-POUCY LIMIT 5 5 0 0 , 0 0 0
PARTNERS/EXECUTIVE
OFFICERS ARE: X EXCL EL DISEASE-EA EMPLOYEE $500, 000
OTHER
A INSTALL FLOATER GL-693356 01/18/04 01/18/05 PER LOC $300, 000
PER OCC $300 , 000
+ DESCRIPTION OF OPERATIONS/LOCATIONSfVEHICLES/SPECIAL ITEMS
THE CITY, ITS OFFICERS, EMPLOYEES & SERVANTS ARE NAMED AS ADDITIONAL INSUREDS .
INCLUDES WAIVER OF SUBROGATION IN FAVOR OF ADDITIONAL INSUREDS ON WORK COMP.
PROJECT: PLAYGROUND RENOVATIONS-MORNINGSIDE PARK
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF FT WORTH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
1000 THROCKMORTON ST. 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
FT WORTH, TEXAS 76102 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON E CO Y, frS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENT IV
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....... / .......'...:..'..:.::.'.::.::.::.:.:`.;a :`:::.............. .:..:;'::.+;.:.::....:.f�...►...'./!..�.'!...�.'4..w.r..y.............;......�..... y.......�.�..r.Iy..�.i.jl...#.�..'.►..'.:1...r.�...x!.................;../i.y..S.6.i;..�.V..y....:.
BOND#4344064
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we.(1)J&J SPRINKLER AND LANDSCAPE,INC.,as Principal herein,and(2) SURETEC INS
CO. a corporation organized under the laws of the State of(3) TEXAS , and who is authorized to
issue surety bonds in the State of'Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a
municipal corporation located in Tarrant and Denton Counties, Texas. Obligee herein, in the sum of SEVENTY-
THREE THOUSAND SEVEN HUNDRED FORTY-FOUR AND 50 1100..................... Dollars ($73,744.50) for
the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly
and severally,firmly by these presents.
WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 27th day of
APRIL,2004,a copy of which is attached hereto and made a part hereof for all purposes,for the construction of
PLAYGROUND RENOVATIONS AT MORNINGSIDE PARK
NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform
the work in accordance with the plans, specifications. and contract documents and shall fully indemnify and hold
harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and
reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then
this obligation shall be void:otherwise,to remain in full force and effect.
PROVIDED. HOWEVER. that this bond is executed pursuant to Chapter 2253 of the Texas Government
Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such
statute,to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have
executed this instrument.
S u r eTe C BOND#4344064
POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston,Harris County,Texas,does by these presents
make,constitute and appoint
Jay S Lyda
of Bedford,Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead,
to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of
suretyship to include waivers to the conditions of contracts and consents of surety,providing the bond penalty does not exceed
Five Million Dollars ($5,000,000) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by
the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all
that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as
Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,
and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the
President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile
signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it
is attached. (Adopted at a meeting held on 201h of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its
corporate seal to be hereto affixed this 11 th day of June,A.D.2002.
SURETEC INSURANCE COMPANY
Corporate Seal \aS�aaNCFC
By
CO
m' 1
State of Texas "' * Job fix,Jr.,
County of Harris ss: Preside4t
On this 11th day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did
depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company
described in and which executed the above instrument; that he knows the seal of said Company;that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto
by like order.
DONNA. ft9fT*v /� �
Moury were,sua a t�... jj_Tr/
Notary Seal j my c..ww ew"ExP.. onna U.Ibanez,Notary is
1UU`"'2M My commission expires June 11,2006
1,Michael P.Whisenant,Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in fell force and
effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect.
In Witness Whereof,I have hereunto set my hand and affixed the seal of said Company at Houston,Texas this 3 day of
June 20 04 A.D.
`aSUFtANC�C
Corporate Seal cc�W 5�2 Michael P.Whisenant,
Vice President,Assistant Secretary
SIGNED and SEALED this 27th day of APRIL.2004.
J&J SPRINKLER AND
LANDSCAPE, INC.
PRINCIPAL
ATTEST: By: /I 4�
Name: JEROLD JOHNSTON
(Principal) Secretary
Title: PRESIDENT
(S E A L) Address: 5749 WATAUGA ROAD
FORT WORTH. , TX 76148
Witness as to Principal
SURETEC INSURANCE COMPANY
SURETY
ATTEST: By:
Name: JAYS. LYDA
Secretary Attorney in Fact
(S E A L) Address: 7140 BISHOP RD., SUITE 250
PLANO,TEXAS 75024
Witness as to Surety Telephone Number: 469.241.1488
NOTE: (1) Correct name of Principal (Contractor).
(2) Correct name of Surety.
(3) State of incorporation of Surety
r Telephone number of surety must be stated. In addition,an original copy of Power of Attornc`y folN)e
attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
BOND#4344064
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT ;
That we,(1)J&J SPRINKLER AND LANDSCAPE,INC.,as Principal herein,and (2) SURETEC INS
CO. a corporation organized and existing under the laws of the State of(3) TEXAS as surety, are
held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Denton Counties,
Texas, Obligee herein, in the amount of SEVENTY-THREE THOUSAND SEVEN HUNDRED FORTY-FOUR
AND 501100..................... Dollars ($73,744.50) for the payment whereof, the said Principal and Surety bind
themselves and their heirs. executors, administrators, successors and assigns,jointly and severally, firmly by these
presents:
WHEREAS,the Principal has entered into a certain written contract with the Obligee dated the 27th day of
APRIL, 2004, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if
copied at length,for the following project:
PLAYGROUND RENOVATIONS AT MORNINGSIDE PARK
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCH, that if the said Principal
shall faithfully make payment to each and every claimant (as defined in Chapter 2253,Texas Government Code,as
amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall he
void;otherwise,to remain in full force and effect.
PROVIDED. HOWEVER. that this bond is executed pursuant to Chapter 2253 of the Texas Government
Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said
statute,to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have
executed this instrument.
SIGNED and SEALED this 27thday of APRIL.2004.
J&J SPRINKLER AND
LANDSCAPE, INC.
PRINCIPAL
QATTEST: By: _ el:'� �
L01 1%j
Name: JEROLD JOHNSTON
(Principal) Secretary
Title: PRESIDENT
(S E A L) Address: 5749 WATAUGA ROAD
FORT WORTH. , TX 76148
Witness as to Principal
SURETEC INSURANCE COMPANY
SURETY
ATTEST: By:
Name: JAYS. LYDA
Secretary Attorney in Fact
(S E A L) Address: 7140 BISHOP RD., SUITE 250
PLANO, TEXAS 75024
Witness as to Surety Telephone Number: 469.241.1488
NOTE: (1) Correct name of Principal (Contractor).
(4) Correct name of Surety.
(5) State of incorporation of Surety
Telephone number of surety must be stated. In addition,an original copy of Power of Att&r&,--sbalL�e
T attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
BOND#4344064
MAINTENANCE BOND
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL BY THESE PRESENTS:
That J&J SPRINKLER AND LANDSCAPE, INC.("Contractor"), as principal, and SURETEC INS
COMPANY , a corporation organized under the laws of the State of TEXAS , ("Surety"), do
hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal
Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant
County, Texas, the sum of SEVENTY-THREE THOUSAND SEVEN HUNDRED FORTY-FOUR AND
50/100..................... Dollars
($73,744.50), lawful money of the United States, for payment of which sum well and truly be made unto
said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs,
executors, administrators, assigns and successors,jointly and severally.
This obligation is conditioned, however, that:
WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort
Worth, dated the 27th of APRIL, 2004, a copy of which is hereto attached and made a part hereof, for
the performance of the following described public improvements:
PLAYGROUND RENOVATIONS AT MORNINGSIDE PARK
the same being referred to herein and in said contract as the Work and being designated as project
number(s) GR76-080206845140 and said contract, including all of the specifications, conditions,
addenda, change orders and written instruments referred to therein as Contract Documents being
incorporated herein and being made a part hereof; and,
WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct
the work that it will remain in good repair and condition for and during a period of after the date of the
final acceptance of the work by the City; and
WHEREAS, said Contractor binds itself to maintain said work in good repair and
condition for said term of Two (2) years; and
WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in
part at any time within said period, if in the opinion of the Director of the City of Fort Worth
Department of Engineering, it be necessary; and,
WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to
repair or reconstruct said Work as herein provided.
NOW THEREFORE, if said Contractor shall keep and perform its said agreement to
maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said
Contract, these presents shall be null and void, and have no force or effect. Otherwise, this
Bond shall be and remain in full force and effect, and the City shall have and recover from
Contractor and Surety damages in the premises as prescribed by said Contract.
This obligation shall be a continuing one and successive recoveries may be had hereon
for successive breaches until the full amount hereof is exhausted.
IN WITNESS WHEREOF,this instrument is executed in 6 counterparts,each of which shall be deemed an
original,this 27th day of APRIL,A.D.2004.
ATTEST: J&J SPRINKLER AND LANDSCAPE, INC.
(S E A L) Contractor
By:
Secretary Name: JER LD JOHN TON
Title: PRESIDENT
ATTEST: SURETEC INSURANCE COMPANY
(S E A L) Surety
By.
Secretary Name: JA S. LYDA
Title: ATTORNEY-IN-FACT
7140 BISHOP RD., SUITE 250 -_
PLANO TEXAS 75024
Address
CITY OF FORT WORTH,TEXAS
CONTRACT
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That this agreement, made and entered into this the 27th day of APRIL,A.D. 2004,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 of the Constitution of Texas,and in accordance with a resolution duly passed at a regular
meeting of the City Council of said City, and the City of Fort Worth being hereafter termed Owner,and
AJ SPRINKLER AND LANDSCAPE,INC.,hereinafter called Contractor.
WITNESSETH:That said parties have agreed as follows:
1.
That for and in consideration of the payments and agreements hereinafter mentioned to be made and
performed by the Owner,and under the conditions expressed in the bond bearing even date herewith,the said
Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements
described as follows:
2.
That the work herein contemplated shall consist of furnishing all labor,tools,appliances and materials
necessary for the construction and completion of said project in accordance with the Plans and Specifications
heretofore prepared by the Parks and Community Services Department of the City of Fort Worth and adopted by the
City Council of said City,as an independent contractor,and which plans and specifications are incorporated herein
by reference.
3.
The Contractor hereby agrees and binds himself to commence the construction of said work within ten
(10)days after being notified in writing to do so by the Department of Engineering Director of the City of Fort
Worth.
4.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement
thereof and to fully complete and finish the same ready for the inspection and approval of the Department of
Engineering Director of the City of Fort Worth and the City Council of the City of Fort Worth within a period of
30 worldne days from the time of commencing said work;that said Contractor shall be entitled to an extension of
said time for doing said work for such time as he may necessarily lose or be delayed by unavoidable accidents
caused by unforeseen matters over which said Contractor has no control,such as inclemency in the weather,acts of
Providence,labor strikes and delivery of materials,in all of which cases the negligence or carelessness of the
_ Contractor is not contributing to such delay.
5.
Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry
on and complete the same according to the true meaning of the intent and terms of said specifications,then the City
shall have the right to take charge of and complete the work in such a manner as it may deem proper. and if,in the
completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and
specifications made a part hereof,the Contractor shall pay said City on demand in writing,setting forth and
specifying an itemized statement of the total cost thereof,said excess cost.
6.
Contractor covenants and agrees to indemnify City's engineer and architect,and their personnel at the
project site for Contractor's sole negligence.In addition,Contractor covenants and agrees to indemnify,hold
harmless and defend,at its own expense,the Owner,its officers,servants and employees,from and against any and
all claims or suits for property loss,property damage,personal injury,including death,arising out of,or alleged to
arise out of,the work and services to be performed hereunder by Contractor, its officers,agents,employees,
subcontractors,licensees or invitees,whether or not any such iniurv,damage or death is caused,in whole or in
part,by the negligence or alleged negligence of Owner,its officers,servants,or employees. Contractor likewise
covenants and agrees to indemnify and hold harmless the Owner from and against any and ail injuries to Owner's
officers,servants and employees and any damage,loss or destruction to property of the Owner arising from the
performance of any of the terms and conditions of this contract,_whether or not any such iniury or damage is
caused in whole or in part by the negligence or alleged negligence of Owner,its officers,servants or
employees
s In the event Owner receives a written claim for damages against the Contractor or its subcontractors
prior to final payment,final payment shall not be made until Contractor either(a)submits to Owner satisfactory
evidence that the claim has been settled and/or a release from the claimant involved,or(b)provides Owner with a
letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier.
The Director may, if he deems it appropriate,refuse to accept bids on other City of Fort Worth public
work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City
Contract.
7.
The Contractor agrees,on the execution of this Contract,and before beginning work,to make,execute
and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and
stipulations of the contract, including the exhibit attached hereto and made a part hereof and such bonds shall be 100
percent of the total contract price,and the said surety shall be a surety company duly and legally authorized to do
business in the State of Texas,and acceptable to the City Council of the City of Fort Worth.
a 8.
Said City agrees and binds itself to pay,and the said Contractor agrees to receive,for all of the aforesaid
work,and for all additions thereto or deductions therefrom,the price shown on the proposal submitted by the
successful bidder hereto attached and made a part hereof.
9.
It is further agreed that the performance of this Contract,either in whole or in part,shall not be sublet or
assigned to anyone else by said Contractor without the written consent of the Department of Engineering Director of
said City of Fort Worth.
10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified,
promulgated and set out by the City of Fort Worth,Texas,a copy of which is attached hereto and made a part hereof
the same as if it were copied verbatim herein.
11.
It is mutually agreed and understood that this agreement is made and entered into by the parties hereto
with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas
3 with reference to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with
all the provisions of the same.
IN WITNESS WHEREOF,the City of Fort Worth has caused this instrument to be signed in triplicate in
its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of
Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in three
counterparts with its corporate seal attached.
Done in Fort Worth,Texas,this the 27th day of APRIL,A.D. 2002
RECOMMENDED BY: APPROVED B
�U�
' DEPARTMENT OF ENGINEERING P KS AND coMvrTNITY SERVICES
DIRECTOR DIRECTOR
CITY OF FO WORTH ATTEST:
J
By:
WIT"ANAGER CITY SECRETARY
J&J SPRINKLER AND LANDSCAPE,INC.
CONTRACTOR '
By: r
SEAL
11 "TITLE LE Contract Authorization
� L
— 5749 WATAUGA ROAD Date
FORT WORTH, TX 76148
ADDRESS APPROVED S TO RM AND LEGALITY
ASSISTANT CITY ATTORNEY
November 1960
Revised November 1982
Revised May 1986
Revised October 1989
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