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HomeMy WebLinkAboutContract 31930 ."" ..FoRT ,WORTH CITYSF(' TA, Y 06-10-05A10 : 14 RCVD U 0,F, FILE ACOCITY i�Jf �dVG CITY SECRETARY CONTRACT No. �( SPECIFICATIONS AND CONTRACT DOCUMENTS CARVER HEIGHTS EAST MODEL BLOCKS SIDEWALK IMPROVEMENTS DOE NO. 4758 -PROJECT No. GR76 005206845900 FEBRUARY 2005 • RY•�� r• t Q r 9 '• l p� ..��ENS�D.r:,L�,� NAL 1ltl1COC1'��~• . MIKE MONCRIEF OFFICIkIiI JECOID CHARLES R. BOSWELL MAYOR CITY Ell"PERRY CITY MANAGER ROBERT D. GOODE, P.E. —DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER) P.E.— DIRECTOR DEPARTMENT OF ENGINEERING wwwXN t,. r i.Home I Council Agenda I M&C I Employee Directory I Morning Report I Ads I PRS I tT Online I Departments i=r�,�t�Vflikl. COUNCIL ACTION: Approved on 5/10/2005 DATE: 5/10/2005 REFERENCE NO.: **C-20717 LOG NAME: 30TRENTBED CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Contract with Trent Bedford Investments, Inc., d/b/a Skyline Excavation, for Carver Heights East Model Blocks Sidewalk Improvements RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Trent Bedford Investments, Inc., d/b/a Skyline Excavation, for Carver Heights East Model Blocks Sidewalk Improvements in the amount of$127,270.00. DISCUSSION: On August 26, 2003, (M&C C-19733) the City Council reallocated $214,000.00 in Carver Heights East Model Blocks street improvement funds to be utilized for sidewalk construction. The Carver Heights East Neighborhood Association selected several streets to receive the new sidewalks. The streets where the sidewalks will be constructed are as follows: Ramey Avenue 6100 through 6500 block (south side of street) Truman Drive 6100 through 6500 block (north side of street) Carruthers Drive 2000 through 2499 block (west side of street) The project was advertised for bids in the Commercial Recorder on February 3, 2005 and February 10, 2005. On March 3, 2005, the following bids were received: - Bidders Amount Time of Completion Trent Bedford Investments, Inc., d/b/a Skyline Excavation $127,270.00 180 Calendar Days PAEE Engineering Co. $129,888.00 V A Construction, Inc. $132,661.50 = Ken-Do Contracting, L.P. $138,861.50 Northstar Construction, Inc. $148,992.50 Cole Construction, Inc. $173,553.75 The engineer's cost estimate for this project was $142,286.16 The low bidder, Trent Bedford Investments d/b/a Skyline Excavation, Inc., is in compliance with the City's M/ BE Ordinance by committing to 16% M/WBE participation. The City's goal for this project is 15%. - In addition to construction costs. contingencies for change orders are $6,400.00, and $10,800.00 is required for Department of Engineering inspection fees. -" This project is located in COUNCIL DISTRICT 5. 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 539120 005206845900 $127,270.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) ATTACHMENTS i TABLE OF CONTENTS Part A Notice to Bidders Special Instructions to Bidders Part B Proposal Vendor Compliance to State Law Disadvantage Business Enterprise Forms Prevailing Wage Rate Macon-Davis Act Contract Packet Part C Special Provisions Part D Specifications Part E Certificate of Insurance and Bonds Certificate of Insurance Contractor Compliance With Worker's Compensation Law Equipment Schedule Experience Record Payment Bond Performance Bond Maintenance Bond Part F Contract Appendix Standard Details Courtesy Notice Site Layout Drawing Typical Construction Layout—4' Standard Sidewalk Special Construction Layout— 5' Combination Sidewalk 10' Parkway Sections Transitions from 4' to 5' Sidewalk Concrete Retaining Wall With Sidewalk Concrete Steps Driveway Approach Sidewalk Ramp Details PART A NOTICE TO BIDDERS AND SPECIAL INSTRUCTIONS TO BIDDERS NOTICE TO BIDDERS Sealed proposals for the following: FOR: CARVER HEIGHTS EAST MODEL BLOCKS SIDEWALK IMPROVEMENTS DOE NO.4758-PROJECT No.GR76 005206845900 Bids should be addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas and will be received at the Purchasing Office until 1:30 PM, Thursday, March 3, 2005, and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the Department of Engineering, Second Floor, Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas. Sets of documents will be provided for purchase for a nonrefundable price of twenty dollars($20.00)per set. Bid security is required in accordance with the Special Instruction to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine(49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 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 nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at(817) 871-7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time- line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contract. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation') as appropriate. The documentation must be received no later than 5:00 PM, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid nonresponsive. For additional information, contact Mr. Cannon R.Henry at(817)392-2690. CHARLES R. BOSWELL MARTHA HENDRIX CITY MANAGER CITY SECRETARY A. Douglas Rademaker, P.E. Director, Deent of Engineering By Bryan Beck, P.E. N%nager, Design Services i Advertising Dates: February 3,2005 February 10,2005 d` SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 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 five(5%)per cent of the 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(10)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. 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. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond,both 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,Texas Government Code. In order for a surety to be acceptable to the City,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 u 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. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest 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. 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 materials in the prosecution of the work. 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. All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two(2)years after the date of acceptance of the project from defects in workmanship and/or material. 10/27/04 1 3. LIOUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, i Texas,concerning liquidated damages for late completion of projects. This project is to be bid by the calendar day. As such, should the Contractor not complete the contract in the calendar days specified, a time charge shall be made for each calendar day thereafter, not as a penalty but as liquidated damages. The preceding shall supersede any and all references made in these specifications and/or the standard street specifications,in regards to liquidated damages. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. 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. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work,maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled"Right to Audit"pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT:.A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)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 Worker's Compensation and Comprehensive General Liability(Bodily Injury-$500,000 each person, $1,000,000 each occurrence($2,000,000 aggregate limit);Property Damage-$250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 10/27/04 2 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City, its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth,contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth,TX 76102,prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation,non-renewal,and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. f. Deductible limits,or self-funded retention limits,on each policy must not exceed$10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project,Contractor shall report, in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. in. Upon the request of City,Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident'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 nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. 10/27/04 3 "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 this contract involves 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 nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord 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. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three(3)years. 12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety(90)days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM,and/or the JOINT VENTURE FORM("Documentation')as appropriate is received by the City. The award of contract,if made,will be within ninety(90)days after this documentation is received,but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT: The Contractor will receive full payment(minus retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment,and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the plans desk of the Department of Engineering Construction Division at(817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 10/27/04 4 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage vp a.Definitions: Certain 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 worker's compensation insurance coverage for the person's or entity's 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 contracted directly with the contractor and 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 t" delivering equipment or materials,or providing labor,transportation,or toner services 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. b. The contractor shall provided 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)or all employees of the contractor providing services on the project,for the duration of the project. ' c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity 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. 10/27/04 5 f. 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(10)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 Worker's 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; (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 with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery,within ten(10)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 worker's compensation coverage for the duration of the project,that the coverage will be based on 10/27/04 6 proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,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 does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. 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 Worker's Compensation Act or other Texas Worker's Compensation Commission rules.This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker"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 Worker's 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". 16. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members, agents, or employees,or person acting on their behalf,shall specify, in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms 10/27/04 7 and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. 10/27/04 8 PART B PROPOSAL VENDOR COMPLIANCE TO STATE LAW DISADVANTAGE BUSINESS ENTERPRISE FORMS PREVAILING WAGE RATE MACON-DAVIS ACT CONTRACT PACKET PROPOSAL TO: Mr. Charles R. Boswell City Manager Fort Worth, Texas FOR: CARVER HEIGHTS EAST MODEL BLOCKS SIDEWALK IMPROVEMENTS DOE NO. 4758 - PROJECT No. GR76 005206845900 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the Contract Documents, specifications, understands the amount of work to be done, and hereby proposes to do aII the work and furnish all labor, equipment, and materials necessary to complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and famish Payment Bond, Performance Bond and Maintenance Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums,to-wit: CARVER HEIGHTS EAST MODEL BLOCKS SIDEWALK IMPROVEMENTS i TOTAL SPEC PAY APPROX. UNIT AMOUNT ITEM ITEM QUANTITY DESCRIPTION OF ITEMS PRICE BID S.P. 1 1 LS. UTILITY ADJUSTMENT FIVE HUNDRED Dollars& NO Cents Per LS. $500.00 $500.00 S.P. 2 2 EA. PROJECT DESIGNATION SIGNS THREE HUNDRED Dollars& NO Cents Per EA. $300.00 $600.00 104 3 3160 SF. REMOVE EXIST.CONCRETE FLATWORK DAf– Dollars& Sdoa F;f.13 Cents Per SF. $ $ L"ITLO— 104 4 300 LF. REMOVE EXIST.CURB&GUTTER ��. Dollars& 1 Jr po SkuqA!A_Cn0e_ Cents Per LF. $ $ �J — Proposal B- 1 S.P. 5 300 LF, STANDARD 7"CONCRETE CURB& 18" 502 GLITTER J i*erx Dollars& 00 op KA) Cents Per LF. $ $ q 810 504 6 3 SY. STD.4"REINFORCED CONCRETE SIDEWALK(0'-50' Length) ' [�N 1 f -Q A e— Dollars& _Q Cents Per SY. $ 3 i 0,7 $ 0( 3 ,00 504 7 3 SY. STD.4"REINFORCED CONCRETE SIDEW K(51'-100' Length) Dollars& p0 Cents Per SY. $ 0 $ q 0 Op 00 504 8 3 SY. STD.4"REINFORCED CONCRETE SHIP F,WALK(101'-200' Length) l W –N i A e. Dollars& AVO O Cents Per SY. $ AVO $ 870-0 504 9 3 SY. STD.4"REINFORCED CONCRETE SIDEWALK(201'-300'Length) 1 k-1r & ^^sp 1 p o0 Ny A ents Per SY. $ pso"' $ $'1— 504 10 2368 SY. STD.4"REINFORCED CONCRETE SIDEWALK(Over 300'Length) 11x-7 -S Dollars& pp //�??GG l 08 c7 Cents Per SY. $ g-71 $ c�J'731p 518 11 35 CY. CONCRETE RETAINING WALL S.P. WITH SIDEWALK_ f Jn�.c�C , Dollars& o0 00 O Cents Per CY. $ 5 $ 504 12 514 SY. STD.6"REINFORCED CONCRETE SIDEWALK AT DRIVEWAYS M1f o0 Dollars& SO Cents Per SY. $ 3�� $ 5,67T 504 13 2087 SF. STD. 6"REINFORCED CONCRETE DRIVEWAY APPROACH 00 C Dollars& 00 Cents Per SF. $ $ �3 y S.P. 14 7 EA. T E 1 CONCRETE SIDEWALK RAMP eye r, u rld rQ4'h ollars& Jrf�o 0 00 —� Cents Per EA. $ $ rJ asO— S.P. 15 3 EA. TYPE 3 CONCRETE SIDEWALK RAMP ���eLl�uF1d.^c� F.t6__Dollars& on _Cents Per EA. $ - $ Q 550 Proposal B-2 S.P. 16 3 EA. WATER METER AND GROUND BOX ADJUSTMENTS THIRTY FIVE Dollars& NO Cents Per EA. $ 35.00 $ 105.00 S.P. 17 1 EA. MANHOLE ADJUSTMENT THREE HUNDRED FIFTY Dollars& NO Cents Per EA. $ 350.00 $ 350.00 S.P. 18 3 EA. SPRJNKLER HEAD ADJUSTMENT F;L±4 Eli- Dollars& lA n Cents Per EA. $ $ � S.P. 19 7 EA. WEREMOVAL kmor wAd W_ Dollars& d� co Wn Cents Per EA. $ �� — $ DW S.P. 20 1 EA. TREE TRIMMIN rhQ L�vU( Dollars& �" ►l�t� Cents Per EA. $ CJDcO $��( S.P. 21 27 EA. REMO AND OCATE SHRUBS u I I Dollars& co k1L Cents Per EA. $ _ $ of S.P. 22 3 EA. REMOVE AND REPLACE DRAIN LINE(Various Sizes) Dollars& 010 vw Cents Per EA. $_ �� $ 116 23 30 CY. TOP SOIL NINE Dollars& NO Cents Per CY. $ 9.00 $ 270.00 516 24 100 SF. CONCRETE STEPS n ;tie- Dollars& 1'�y Cents Per SF. $ I $ �� TOTAL BID AMOUNT $ r �1 I l� 0 1` Proposal B-3 THIS CONTRACT INCLUDES WORK AT A SPECIFIC LOCATION WITHIN THE CITY OF FORT WORTH(See Appendix). The City reserves the right to increase or decrease the extent of the work and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall no be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased or substituted with no allowances made for any anticipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract. This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction,are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within One Hundred Eighty (180)Calendar Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the"Prevailing Wage Rates for Street,Drainage and Utility Construction"as established by the City of Fort Worth,Texas. Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars (S )is to be forfeited in the event the contract and bond are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. (Uwe),acknowledge receipt of the following addenda to the plans and specifications,all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No.3 (Initials) Addendum No.2(Initials) Addendum No.4(Initials) Respectfully submitted: By Address Ste t ®t LO L . J r �2 "1 �� Telephone (SEAL)) Date J' ' o Proposal B-4 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders(out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in t order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. Er BIDDER: S` �►he. y By: M��e. cr (Please print) lalo0l� ►i (�{{ � Signature: %., 0r%.S, -71 -IcAz Title: elU( �.I� llfl& �. ity State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 03/08/2005 08:55 8173326945 M/WBE OFFICE PAGE 02/13 FORT WORTH City of Fort Worth 03-10-05 P12 :59 OUT Minority and Women Business Enterprise SpeCifications SPECIAL UNSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY ....... ..... 1:40 0. i 4001' me:'.10 RNAMXA. "'WN POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable par9cipatIon by Minority and Women Business Enterprises (MMBE) In the procurement of all goods and services to the City on 8 c0ntr8C(URI basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MfWI5_E PROJECT GOALS V. The City's MBEANBE goal an this project is of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$26,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated MlWSE goal,or 2. Good Faith Effort documentation,or; 3. Waiver documentation,or, 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents Myj_t be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form,if goal is received by 6:00 p.m., NO (5) City business days after the bid met or exceeded; opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (6) City business days after the bid Utilization Form,if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and-Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, it no M/WSE parricipation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontractinT/supprier work: opening date,exclusive of the bid opening date. 6. Joint Venture Form,if utilize a joint venture received by 5:00 p.m., five (6) City business days after the bid -to met or exceed goal. op ng date,exclusive of the bid opening date. I ` T Y Es.0 MPel Any questions,please contact the MIWBE Office at(817)392-6104. Rev.5MO103 0310812005 08:55 8173326945 MIWBE OFFICE PACE 03/13 t ATTACHMENT 1A y„ Page t of 1 F-- T City of Fort Worth 03-10-05 P12 :59 O U T SubcontractorstSuppliers Utilisation Form �I PRIME COMPANY NAME: Check applicable block to describe prime ►1c, L " L? PROJECT N MIWIDBE =NONW-WNIDGE BID DATE city s MIWBE Prof 081; Prime's MWHE Project UtifizWow P OJECT Nffff0ER 7 Identify all subcontractorsisuppliers you will use on this project . .. .. +� m :ani.:br:. ,. •'() ,i :tri:l 51 >~t. .. � . ► �:,titve = 1r: irrIs ct,:>; fE a uif lrr. hes:;bl !lie �d0tezl;!l a0.11'r s r�r silf !�....... P I �. Ar ... ..... ..1:... .�.;;....1..' .. :is Yj- (> ndbW ti�zi::: .. a .�• tassel i q:. r';.:inie V:, a ;a� ti r - ry rer .fl ..�-� •.1.,-....� ... .1 .. ,.....x.1:1•::11 ..-...!..,..1. �,.1.;'jl_., ,�.,,. �•I'[��'^�:;31� �/�,I 1...,...v �... 1..1.1.u......•..n,.., uJ.d.. :::r «,... 1•Mrra.1.11.1 ..,.I:l . ;.1• ;...,.;f.I.,� ...n,,,', .x.,•::�I.ex•,.:+11.1::.:1.«. ..... :•::.,,•,� .L.-1 1..1::.1.n,•::.,.,.. 1�I�I::1N xtili a > I{ : AntIIi1 : 1 �fkl !°(rI 'rifttltti .. . " ra% .d I pora::ltil. p�, ....,. ...,�« ...n,• ,., :.n nu.. .. ... .1u.. .• I i A:. wI1Y:^ .,;;..,. �,.J•:.J,.: risk 1,. :i, r4WIXd :frri ti3r1 �: .'. .;..::; .t; ; �1 ►.�4,... .. ,... i j(� .,,. .. lit tJi1,.,.,..' ' I'; If `:. tt !�St31.. tl ::. I31d: 't. lJi ,:I�.la .r,.... .�,1.,.....� ..,....... ..I. :�... MNVBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. ...........«..,., ......1..x1.^.. ...... .........�n.n,l+. x.n •:Nn:......... :Itlb I Ch.; Il+t'.,a el Tter.:rs~... :su�rt facfi; ioviK= .bC. 0n i:- ' . .1.1. ..11.11.1 : .a:;; 'g� �:•f�. '�y�{t a.�,�y�(m !�ao/}f� ,i���:: r�•@�►y�y!�Yl�IC:�.. �}�: !:. �7L .r �r�y)L�y. �C�,� !•� Jay ' ': ,J�I..��•1 �/.I l,�i'.�:...l':!.A.J,...�.;.1n..�'7 ;. ^• �R„�i1!{. L�'M-,�'71:JL,• 1T;J Y...�,� •i.�!�!uI�' r�i/i..� �Y", t• m� 'r�.. ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DCT), highway division. Disadvantaged Business Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). ...... ..... .'r 1':1.1.1.n.,..�..:nV.,rl:•::.I.h.:.:,:..-:;!!•, ..,:.. if`:,traull s �t►c,ss::•i. ...'th ;PPIMe:...�u : ,. , "Wh eras:=�cl'ii ul�. slirti t :« d1::Ci flptfl,, ktltb * '�i� t' j; l "Na".:......1.•is �y �.��` fi1lYI, Eimer ii•.: J � � I.at'►� >'%: « •. '�-� �.rl��lJp�tn1 :-IYLCv�y��v:�y11'� I?EI• �-��,�r�;r`�„E11:1":•.j"ir'!�1?{�d... .:.x �111�1:1��Es'i,;t��utllr� ,�� i�c�i�.'" ''I' 'oi°s�r•i f�� ri�ll.,' gE 1tri.�r 7e�l5+l�'t� ..., 1•:..,.•.,.r�..k�..1 is �rn: isiina:er�rrred.:b: :thl;: lls..rutlined:, 1iels . �!.!. ,fie: ,. n. rta J�►tt' Rev.&3=3 _ 03/08/2005 08:55 8173326945 M/WBE OFFICE PAGE 05/13 � wnACmMENTom _ FORT At Page �� 33 Primes are requirad to identify"L subcontractorstsuppliers,regardless of status:Le.,Minority,Women and non-M/WBEs. Please list M/WBE firms first, use additional shoat&if necessary.~ Certification (check ew) T-- Detail Detail Company Name I C X Subcontracting Work Supplies Purchased Dollar Amount 00 pmlr Rev.$130103 - = � � � = _ - _ ~ _ - ` 03/08/2005 08:55 8173326945 M/WBE OFFICE PAGE 06/13 ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of M/WSE Subcontractors/Suppliers $ 2oODD Total Dollar Amount of Non-MMBE Subcontractors/Suppliers $ V C-, TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ !S CXX- ) ols 4.. katli, 4o" RAUH], 1.6 A :F! � 'r.4b. too his OM —g— eg V. r. . ......... h 10-St f A or w .9 40 ih,61COU MMU;a th! f d hh- fdiu*or., b i "14 01 i0cf-OW09 , "'. Q 11m. -P 0 00i.."i-sup 0 Z' 0. Jfth By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MIW/DBE(s) arrangements submitted with the bid, The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any Intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. Authorized signature Printed Signature Ar. TWO contact Nanssffftla(if dftrwO company Mania I T*W*m andlor Fox L W Addrna L) a-man Address kl cs`(� 51—A&OrN cityls0talzip Rev.5130103 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64' Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving & Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $10.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel(> 1 1/2 CY) $11.52 Front End Loader(2 1/2 CY& less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator(Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter(Paving) $9.75 Truck Driver-Single Axle(Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 u s rm'/AIS Document Retrieval Page I of 3 GENERAL DECISION: TX20030026 TX26 ow , ate: June 13, 2003 General Decision Number: TX20030026 rpuperseded General Decision No. TX020026 State: TEXAS 'construction Type: RESIDENTIAL ounty(ies) : OHNSON PARKER TARRANT residential Projects consisting of single family homes and partments up to and including 4 stories. Modification Number Publication Date 0 06/13/2003 COUNTY(ies) : ISHNSON PARKER TARRANT UTX4025A 04/01/1990 Rates Fringes �ARPENTER (excluding drywall hanging and form setting) $ 9.315 EMENT MASON (Excluding form setting) 9.480 DRYWALL HANGER 9.00 ELECTRICIAN 10.214 FORM SETTER 9.194 IVAC MECHANIC (including duct, excluding pipe work) . 8.337 I-ABORER, Common 6.028 PAINTERS; Brush 8.85 Spray 10.00 LUMBER (Including HVAC WORK) 10. 687 GOFER 8. 646 HEETMETAL WORK (Excluding HVAC-duct work) 14. 103 ILE SETTER 11.50 TRUCK DRIVER 7 .00 ELDERS - Receive rate prescribed for craft performing operation o which welding is incidental. ---------------------------------------------------------------- nlisted classifications needed for work not included within file://C:\Documents%20and%20Settings\henryc\Local%20Settings\Temporary%20Intemet%20Files\OLK2... 1/11/200: PhAIS Document Retrieval Page 2 of 3 e scope of the classifications listed may be added after award only as provided in the labor standards contract clauses 9 CFR 5.5 (a) (1) (ii) ) . --------------------------------------------------------------- In the listing above, the "SU" designation means that rates fr ted under that identifier do not reflect collectively gained wage and fringe benefit rates. Other designations icate unions whose rates have been determined to be evailing. WAGE DETERMINATION APPEALS PROCESS 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 ra conformance (additional classification and rate) ruling survey related matters, initial contact, including requests or summaries of surveys, should be with the Wage and Hour ,or Office for the area in which the survey was conducted because those Regional-Offices have responsibility for the vis-Bacon survey program. If the response from this initial ntact is not satisfactory, then the process described in 2. ) and 3.) should be followed. rith regard to any other matter not yet ripe for the formal rocess described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: OW Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 If the answer to the question in 1. ) is yes, then an Interested party (those affected by the action) can request Leview and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.6 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the nterested party's position and by any information (wage payment ata, project description, area practice material, etc. ) that the requestor considers relevant to the issue. M" .) If the decision of the Administrator is not favorable, an nterested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. file://C:\Documents%20and%20Settings\henryc\Local%20Settings\Temporary%20Internet%20Files\OLK2... 1/11/2005 AIS Document Retrieval Page 3 of 3 Washington, D. C. 20210 All decisions by the Administrative Review Board are final. END OF GENERAL DECISION r r r r r r r file://C:\Documents%20and%20Settings\henryc\Local%20Settings\Temporary%201ntemet%20Files\OLK2... 1/11/2005 CONTRACT MANAGEMENT DIVISION PUBLIC FACILITIES AND IMPROVEMENTS CDBG CONSTRUCTION GUIDELINES The use of Community Development Block Grant(CDBG)funds in whole or part for construction of a public building must follow the federal regulations for CDBG. PRE-CONSTRUCTION STAGE A. Clearance and Wage Rates (Initiated by Project monitor,IAGM) 1. Obtain Environmental Assessment from City Planning Department to determine if flood plain, effect on community, etc. 2. Obtain Qualified Service Area documentation from City Planning _Department to determine at least 51%of residents in service area of building are low and moderate-income persons. 3. Contract Compliance Specialist will request wage determination from HUD to meet Davis-Bacon Act (Description of work needed from project manager) 4. Provide cost estimate and source of funds for construction. 5. Project Manager from City Department will notify IAGM when project design is completed. 6. At least ten days before the bid opening, IAGM will verify wage rates and notify the appropriate project manager if there is possibly a modification. B. Bid Process 1. Bid Document needs to include: The Contractor's Packet • Wage rates required by Davis-Bacon Act and predetermined by Department of Labor per job classification. In the case of contracts entered into pursuant to competitive bidding procedures bid opening locks in wage decision. The contract must be signed within 90 days after the bid opening, if not signed within that period a new decision will go into effect, if the Contractor does not agree to the new decision the bidding process must start over. • HUD contract requirements • Specifications of construction work • Project sign design with CDBG identified as a funding source to be posted in front of building being constructed. 2. Pre-bid conference may be held to address potential contractor questions, if so, it must be stated in the bid advertisement and provide place and time. 3. Bid advertisement needs to state time and place bids will be opened. 4. Request for bids must be advertised 2 consecutive weeks—at least one week in newspaper of general circulation. 5. Project monitor to attend bid opening IAGM 1 Last revised September/04 C. Contract between Contractor and City of Fort Worth(#t-s deal mostly with housing projects) 1. A written contract with the City will be completed prior to the disbursement of money. The contract will remain in effect during any period that the agency has control over CDBG funds. 2. A lien will be placed on property over a period to be determined by the City(minimum of 5 years after expiration of the contract). 3. If during the lien period the facility ceases to meet a CDBG national objective or eligible activity, the City must be reimbursed at Fair Market Value of the building, less any portion of the value attributable to the expenditure of non-building, less any portion of the value attributable to the expenditure of non-CDBG funds for acquiring of, or improvement to, the property. 4. Contractor selected must obtain liability and workers compensation insurance. 5. Contractor selected must obtain performance bond. CONSTRUCTION STAGE A. Pre-Construction conference 1. Contractor is responsible for sub-contractor compliance with HUD regulations. 2. Must be held to review federal requirements and submission of payroll documentation on a weekly basis to IAGM. 3. Building must provide handicap accessibility(wheelchair ramps, elevators and bathrooms). 4. Monitoring site-visits and wage interviews will be conducted by project monitor. 5. Project monitor must ensure that contractor has not been debarred before the start of work. 6. Contractor Information and Section 3 attachments must be sent to monitor with seven days after being received. B. Construction 1. Submit Start of Work Notice 2. Submit Section 3 Attachments 3. Workers must be paid weekly 4. Submit weekly certified payrolls (number payrolls) 5. Post Wage decision, EEO, Department of labor wage info. C. End of Construction 1. Submit End of Work Form 2. Retain all information related to project for five years 1AGM 2 Last revised September/04 Project Closeout 1. Audit by City staff This outline represents the requirements for construction or rehabilitation projects. We look forward to working closely with you to facilitate the implementation of these requirements for federally funded construction projects. Please feel free to call us at any time, Marilyn Jackson (817) 392-7329 BUDGET AND MANAGEMENT SERVICES, CONTRACT MANAGEMENT DIVISION 1AGM 3 Last revised September/04 Required Forms and Due Dates REQUIRED FORM DUE -Co'of or I Sub Information Before the start of constriction Start Construction Form At the Start of Construction Construction Complete Form After completion of construction Section 3 Attachment Forms • Attachment B Self-Certification Form • Attachment D Statement of Release Form • Attachment E Preliminary Statement of Workforce Needs Form Complete and Return Within Seven(7)Days of Receipt Statement of Policy on Equal Employment Opportunity Form Complete and Return Within Seven(7)Days of Receipt Certification and Acknowledgement Form Complete and Return Within.Seven(7)Days of Receipt U.S.Department of Housing and Urban Development • Certification of Bidder Regarding Equal Employment Opportunity Form • Certification Regarding Lobbying Form • Certificate of Owner's Attorney Form Complete and Return Within Seven(7)Days of Receipt U.S.Department of Housing and Urban Development • Certificate from Contractor Appointing officer or employee to Supervise Payment of Employees Form Complete and Return Within Seven(7)Days of Receipt Payroll Forms Beginning the first week your company works on a You are not required to use Payroll Form WH-347. project and for every week afterward until your firm You may use any other type of payroll,such as has completed its work Number the payroll reports computerized formats,as long as it has all of the beginning with# 1 and clearly mark your last payroll information that is required on the WH-347. "Final." U.S.Department of Labor Statement of Compliance Form Signed and attached to the weekly payroll Required when employee is used in mote than one Employees Statement of Work Verification classification and must be paid different rates during Form any payroll period Only one employee authorization is needed for recurring deductions.This should accompany the Payroll Deduction Authorization Foran FIRST payroll on which the deduction appears U.S.Department of Housing and Urban Development Community Block Grant Input Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements Form Before the Start of Work x Equal Employment Opportunity Poster U.S.Department of Labor Poster Post on site at the start of construction Project Designation Sign Poston site at the start of construction RETURN ALL FORMS TO YOUR PROJECT MONITOR 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 I I 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 You are not required to use reports for compliance afterward until your firm Payroll Form Wer type You prior to submitting the has completed its work. may use any other type er reports to IAGM. Number the avroil reports payroll,such as computerized p P . P formats,as long as it has all of beginning with# 1 Initial the information that is required and clearly mark your last on the WH-347. I 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 IAGM 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 JCONTRACTOR Post on site at the start of POST POST EMPLOYEES MUST POST construction Working on Federal or Federally Funded Finance Construction Projects Equal Employment CONTRACTOR Post on site at the start of POST POST Opportunity Poster MUST POST construction U.S.Department of Labor Poster CONTRACTOR Post on site at the start of POST POST ' Project Designation Sign MUST POST construction PRIME CONTRACTOR FORWARDS ALL FORMS TO THE IAGM MONITOR City of Fort Worth Intergovernmental Affairs and Grants Management (IAGM) Community Development Block Grant (CDB G) Funded Construction Projects Due Re abed Forms and Dates WHO COMPLETES DUE SUB PRI E FORM SUBMIT SUBMIT TO: REQUIRED FORM TO:. All those who attend Keep For Your Records FILE FILE Pre-Constriction Meeting meeting sign Contractor/Sub Contractor and All Subs Before the Start of PRRVfE 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- SUBCONI•RACTOKS Within Seven(7)Days of Certification Form Receipt a Attachment D Statement of Release Form ' • Attachment E Preliminary Statement 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 ' 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 PRD fE. IAGM Monitor SUBCONTRACTORS Within Seven(7)Days of U.S.Department of Housing Receipt and Urban Development • Certificate from t Contractor Appointing r. 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 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-347 ...........................................43-45 B. U.S.Department of Housing and Urban Development m 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 DC U.S.Department of Housing and Urban Development Community Development Block Grant Input: Subcontractor's Certification Concerning Labor Standards and Prevailing Wage oRequirements .......................................................................................... 51-53 X. How to Complete Payroll Forms XL Equal Employment Opportunity Poster XII. U.S.Department of Labor Poster M. Project Designation Sign 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 $10,000. 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. 1 low This project is subject to the Davis-Bacon Act(DBA),Copeland Act, Contract Work Hours Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA). FLSA sets out the requirements for payment of minimum wages, overtime pay, child labor standards and 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 -_....._---arid requires the weekly 8ubmissiuii-of payrolls.-SAI -HRE-TO-CONTLY-IWITIH-=. -LABOR-STAND- ARDS 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 payperiod ends. Apayperiod 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. t 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 dayper violation. Overtime begins on this project after 40 hours per week. Additionally, wage restitution must be paid to any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the prescribed hourly rate of pay. - " Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage decision. The decision which is applicable to this project is . The wage decision must be posted " at the construction site along with required posters for the duration of construction activity. Any classification needed which does not appear on the wage decision must be requested and approved by the U.S. Department of Labor prior to the use of that classification on the project. In instances where the owner of a company performs work on the project, that owner must show himself/ herself on the payroll and must show the hours worked each day and total hours for the week All persons who' perform work on the project must be shown on the payroll The address and social security number for each employee must be included the first time that employee appears on the payroll and any time their address change. Apprentices may be employed on the'project, however, 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 payrollnumber block. Likewise, the last payroll must show "FINAL". Subsequent payrolls following the initial payroll must be numbered sequentially beginning 2 with number 2, including payrolls labeled "NO WORK PERFORNIE,D". Any person who is employed on apiece 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. -`"-- - �3iia7work classi ica-tions wifihin the same payroll period are•acceptabieprovided that a signed veffioation 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). 04 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 . Any questions Frank Marrero concerning labor requirements should.be directed to him/her at(8 17) 871-7536.. 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 -- Frank Mar-sero 1000 Throckmorton Street Fort Worth, Texas 76102 DATE (817) 871-7536 , 3 CONTRACTOR INFORMATION Date PROJECT: 1. Contractor: 2. Address: 3. City: 4. Telephone: Fax: 5. Federal I.D. #: * 6. Officers of the Corporation: President: Racial/Ethnic Ownership: ute Arnencan Vice President: 2-Black American 3-Native American 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 ofDebarred,Suspended,and Ineligible Contractors maintainedby the Department of Housing and Urban Development(HUD). Signature 4 SUBCONTRACTOR INFORMATION (To be completed by contractor) Date PROJECT: 1. Subcontractor: 2. Contract Amount: 3. Address: 3. City: 4. Telephone: Fax: 5. Federal I.D. #: R.aciaVEthnic Ownersh : . 1-White American 2-Black American 3 -Native American 4-Hispanic American 5-Asian/Pacific American 6-Hasidic Jew i 5 START OF CONSTRUCTION (Date) Project Name: Project Location: Project Number: U.S. Department of Labor Wage Decision: _ This is to inform you that the (Name of Company) ( of , (Address) (City/Town) has started work on the above referenced project covered by our (State) (Zip) contract with you, as of (Date) Respectfully yours, (Name of Company) By (Signature) i (Title) 6 CONSTRUCTION COMPLETE Project Name: Project Location: Project Number: c U.S. Department of Labor Wage Decision: This is to inform you that the (Name of Company) of , B� (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 Affirm ative Action Plan Under Section 3 of The Housing and Urban Development Act of 1968 Revised 4/00 8 ,a City of Fort Worth Affirmative Action Plan 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 II: Selection of Subcontractors and Vendors I. Procedures ......................................................................................13 O' 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........................ 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 Ow 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 1. Summary Explanation and Purpose: Section 3 of the Housing and Urban Development Act of 1968, as amended, ("Section 3") is binding upon the City of Fort Worth, ("the City") and 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. 2. Geographical Applicability: For the Community Development Block Grant Program, Section 3 is applicable to all activities taking place within the corporate limits of the City of Fort worth,Texas. Within this "Section 3 covered area", the 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, 1005.01/5, 1005.01/6, 1005.02/1, 10 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, Ar 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, 1050.01/1, 1050.01/2, 1050.01/3, 1050.01/4, 1050.01/5, 1050.05/2, 1050.06/1, 1050.06/2, 1051/5, 1052.01/1, 1052.01/2, 1052.01/4, 1052.02/1, 1052.02/2, 1053/1, 1055.02/1, 1055.02/8, 1055.05/1, 1056/2, 1057.03/3, 1058/1, 1058/2, 1058/5, 1059/2, 1059/3, 1059/5, 1060.01/1, 1060.02/1, 1060.04/2, 1061.01/2, 1061.02/, 1061.02/2, 1062.01/1, 1062.01/2, 1062.01/3, 1062.01/4, 1062.02/1, 1062.02/2, 1062.02/3, 1062.02/4, 1063/2, 1063/3, 1064/1, 1064/2,1065.03/3, 1065.06/2, 1065/06/3, 1065.06/4, 1065.08/2, 1065.08/4, 1065.09/1, 1065.10/4, 1065/11/4, 1065.12/2, 1066/1, 1105/4, 1110.07/4, 1113/01/2, 1135.06/7,1141.01/4 3. Applicability to Businesses: +" Businesses 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 l Section 3. 4. Applicability to Individuals: person who resides in the Section 3 covered area and whose family Any p y income does not exceed eighty percent(80%) of the median income in.the Dallas-Fort Worth Standard Metropolitan 11 City of Fort Worth Af j�armative 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. 12 City of Fort Worth Affirmative Action Plan 1. Procedures All contractors will provide a completed copy of Attachment D, "Statement of Release", prior to signing any contract for a project using CDBG monies. Each Contractor selected will be bound by Section 3 requirements, including the submission of all relevant documentation required by this plan. Contractors will be held responsible for the Section 3 activities of their subcontractors. When competitive bids are solicited, the contractor will notify bidders of Section 3 requirements. Each contractor will make a good faith effort to issue invitations to bid to Section 3 covered businesses and to use local and minority media to advertise contractual opportunities. 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. Lof Section 3 covered businesses area also available from the Fort Worth Regional HUD Lists gi Office, the Small Business Administration and other similar agencies. Any business wishing to qualify as a Section 3 covered business will be given the opportunity to file a Self-Certification form (Attachment B) with the M/WBE office and all CDBG contractors are encouraged to seek the assistance of that office, should any question arise. 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 $ 13 5.3 8 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: 13- City of Fort Worth Affirmative fiction Plan A. The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties of this Contract agree to comply with HUD's regulations in 24 CFR part 135,which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The Contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section preference, shall set Ow forth minimum number and job titles subject to hire, availability of apprenticeship and, training positions, the qualifications for each; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to „ compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. O 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 to 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 "d contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, 1W 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 14 City of Fort Worth Affirmative Action Plan assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible(1)preference and opportunities for training and employment shall be given to Indians, and (ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 1. Procedures: All contractors will provide a completed copy of Attachment E, "Preliminary Statement- Work Force Needs",prior to signing any contract for a project using CDBG monies. The Contractor will specify the maximum number of trainees which can reasonably be used on the CDBG project, unless the occupational category is subject to a ratio set by the Secretary of Labor. This information will be reviewed by IAGM to ascertain the current and projected use of Section 3 covered individuals. 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 15 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. 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. PAR'fly�t-CQNI VU ANCE"-A-4 (110 SE r� 1. Monitoring of 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 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 r- 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. 16 City of Fort Worth Affirmative Action Plan Minority/Women Business Enterprise It is the policy of the City of Fort Worth to involve Minority/Women Business Enterprises in all phases of its procurement practices and to provide them equal opportunities to compete for contracts for construction,professional 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 18 \\Fsloo\CMO\IAGM\I.A.G.M\CONTRACT MANAGEMENT\I..ABOR STANDARDS MANUAL\C SECTION 3-AFFIRMATIVE ACTION PLAN.DOC City of Fort Worth Affirmative Action Plan SECTION 3 ATTACHMENTS Please Complete and Return Within Seven ('n Days 5/00 19 UFS I00\CMOUAGMU.A.G.M\CONTRACr MANAGEMEmnLABOR STANDARDS MANUAL\C SECTION 3-AFFIItMATIVE ACTION PLAN.DOC City of Fort Worth Affirmative Action Plan ATTACHMENT B SELF-CERTIFICATION FORM SOCIALLY OR ECONONQCALLY 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 20 \\FS IOO\CMO\IAGM'q.A.G.M\CONTRACT MANAGEMENTTABOR ABOR STANDARDS MANUAL\C SECTION 3-AFFIRMATIVE ACTION Pi-AN DOC City of Fort Worth Affirmative Action Plan ATTACIE\4ENT 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 21 11FS1001CMO\IAGM\IA-G.MICONTRACT MANAGEMENT\LABOR STANDARDS MANUA VC SECTION 3-AFFIRMATIVE ACTION PLAN.DOC o A M W 'C7 l V �-, C O z X! GA � � ¢ M40H �+ w cn O cn z '-¢ w a ca E-+ W a� ao z rn O w a z w � a J OP, H v o w o •cid H z H ,�. 1-4 H W d o , a o r ) 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 r 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 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. ' C. The Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contractor 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 -24- government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the sentence immediately preceding Paragraph a and the provisions of Paragraphs a through g in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action -with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor • or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. 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. u 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 -25- requires that, to the greatest extent feasible, opportunities for training and employment are given to lower income residents of the project area and contracts for work in connection with the project are awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth.in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The Contractor will send to each labor organization or 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 i` 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 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: -26- (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 employmentopportunities available, and maintain a record of the organizations' responses. (3) Maintain a current file of the names, addres-ses and telephone numbers of each minority and female off-street applicant * and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the City when the union or unions with which the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include-minorities and women, including upgrading programs and apprenticeships and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of ' Labor. -The Contractor shall provide notice of these programs to the sources compiled under subsection (2) above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obliga- tions; by including it in any policy manual and collective 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. -27- (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. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after- school, summer and vacation employment to minority and female youths, both on the site and. in other area of the Contractor's work force. (11) validate all tests and other selection requirements where there is an obligation to do so under 41 CFR, Part 60-3. (12) Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, such opportunities . (13) Ensure that seniority practices, job classifications, work .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, -28- including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policy and affirmative action obligations. +' d. The Contractor shall designate a responsible official to monitor all employment-related activities to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the City and to keep records of the same. Records for each employee shall at least include: the employee's name; address; telephone number; construction trade; union affiliation, if any; employee identification number where assigned; social security number; race; sex; status; dates of changes in status; hours worked per week in the indicated trade; rate of pay; and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this 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 subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitled; and, if found guilty of doing so, shall be fined not more than $5,000 or .imprisoned not more than five (5) years, or both. 4. DAVIS-BACON ACT In any contract for construction in excess of $2,000: Contractor agrees to comply, and shall require its subcontractors to comply, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to a-7) . This Act requires contractors to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor and to pay wages not less often than once a week. Specifically, Contractor agrees to comply with the following Department of Labor regulations (29 CFR Part 5) : a. Minimum Wages All laborers and mechanics employed or working upon the site of the work performed pursuant to this contract will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by 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) A„ 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 -29- 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 Ok 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 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. (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. -30- (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 inia 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 apprentices, trainees and helpers employed by the Contractor or any subcontractor, the full amount of wages required by this Contract. In the event of Contractors 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 -31- 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 pians, 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 IP set out accurately and completely all of the information required to be maintained under Paragraph (1) of this Section. The information shall be submitted in a form approved by the City. The Contractor is responsible for the submission or copies of payrolls by all subcontractors. (b) Each payroll submitted shall be accompanied by a "statement of compliance", signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following; (i) That the payroll for the payroll period contains the information required to be maintained under Paragraph (1) of this Section and that such information is correct and complete; -32- r (ii) That each laborer or mechanic employed on this Contract during the payroll period has been paid the full weekly wages earned, without ' rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions. (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 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 -33- 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 d" 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. 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 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 00 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 -34- predetermined rate for work performed until an acceptable program is approved. (3) Equal Employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. h. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of , laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, to be made from wages actually earned by persons so employed or to be employed in such classifications, in accordance with the provisions of this Contract, shall be posted at appropriate conspicuous points at the site of work. i. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to the classification of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the City for referral by the latter through the Secretary -of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 4M 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 -35- 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 an monies payable on account of work Y p y 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 a subcontractors to include these clauses in. any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in this section. 6. CHILD LABOR ACT Contractor will comply with the Child Labor provisions of the Fair Labor Standards Act, 29 U.S.C. 212-319 'and that Act's implementing regulations, found at 29 CFR 570. This Act prohibits the paid or unpaid employment of individuals under the age of 18 years on any construction project. 7. MISCELLANEOUS PROVISIONS a. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary,ry, 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, b (d) the regulations issued by the Secretary of Labor, United States -36- 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 Xhe Contractor or subcontractor shall insert in any Subcontract the above- specified clauses entitled 113. COPELAND ANTI-KICKBACK ACT, " 114. DAVIS- BACON ACT, " "5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT," "6. CHILD LABOR ACT, " 117. 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 ail the contract clauses cited above. d. Breach of Foregoing Federal Labor Standards Provisions In addition to the causes for termination of this Contract, as herein elsewhere set forth, the City reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of the foregoing Federal Labor Standards provisions. A breach of these Federal Labor Standards provisions my also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. e. Employment Practices The Contractor shall (1) , to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) insert or cause to be inserted this provision in each construction subcontract. f. Contract Termination; Debarment A breach of any of the Acts or regulations specified in Paragraph c, above, may be grounds for termination of this Contract and for debarment as a Contractor and a subcontractor; as provided in 29 CFR 5.12. 1I� 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 -37- (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. 10. RESPONSIBILITY OF CONTRACTOR REGARDING REPORTS Contractor will comply with the requirements of the City of Fort Worth's Fiscal Department, Intergovernmental Affairs and Grants Management regarding the compiling and reporting of statistical information required by the Federal regulations outlined above. Specifically, Contractor agrees to submit all completed reports according to the instructions and requirements of the Fort Worth Fiscal Services Department/Intergovernmental Affairs and Grants Management, and Contractor understands the failure to do so may be cause for termination of this contract. -38- 11. CERTIFICATION AND ACKNOWLEDGMENT 4 . 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. Contractor By: Title \\PS100\OmO\IACs(\I.A.G.M\CDNTRACI KANAGME NT\LABOR STANDARDS MAN315.\E rXECUTZ a ORneR uaas.DOC U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 CFR 12319- •25) . The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, - shall state as an initial part of the bid or negotiations of the Contract whether they have participated in any previous contract or subcontract subject to the Equal Opportunity Clause; and, if so, whether they have filed all compliance reports due under applicable instructions.' Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract µ' shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: A I. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ❑ No ❑ (If answer is yes, identify the most recent contract.) N" 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 U.S-. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the raking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and coopera- tive agreements) and that all subrecipients shall certify and disclose accordingly. Signature Title Date a� \\FS100\CSO\LACa(\I.A.G.M\CONTRACT HANAGF.HENMASOR STANDARDS!ag2jLjE EXECUTIVE ORDER 11246.DOC U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, the duly authorized and acting legal representative of do hereby certify as follows': I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Date: \\FS100\CMO\LV M\L.A.C.M\CONTRACT MANAGEMENT\LABOR STANDARDS MBtTfIS EXECUTIVE ORDER 11346.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 maybe 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. h 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 k 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 fiinges may be shown separately from the basic rate,thus$3.25/.40. This is of assistance in correctly computing overtime. See"FRINGE BENEFITS"below. In overtime box show overtime hourly rate paid,plus any cash in lieu of fringes paid the employee. See"FRINGE BENEFITS"below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standards Act for 1962. In addition to paying not less than the predetermined rate for the classification in which + the employee works,the contractor shall pay to approved plans, fluids, or programs or shall pay as cash in lieu of Tinges 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 Tinges 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 S -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. Column 9 -Net Wages Paid for Week: Self-explanatory. t 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. r f 45 " \\FSI0ACM0IIAGMILA.GWM1?MAGT MANAGMAENl\LABOR STANDARDS MAMAUF PAYROLL INSMUMONS WIDOMOC U. S. Department of Housing and Urban Development CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES Project Name Date Location Project No. (I) (We)hereby certify that(I am) (we are)(the prime contractor) (a subcontractor) for (Specify General Construction", "Plumbing", Roofing", etc) in connection with construction of the above-mentioned Project, and that (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 (I) (we) submit to a new certificate appointing some other person for the purposes hereinabove stated. (Ident' 'Si of Appointee) (Identifying �ature PP 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) - _ . 2§ _ CL�\ �\\\ Am E d 2/ z #f a) < /S 2 / § 2 z q ` \ U / , / / , (J � 2 _ � § z o ka:�� CD \ o E o LL < ��a. LO c w « � . / / 0 E §\ m 7 < CL = O ° ( k § ., g c 0 k \ o } _ f o e o cc w o 93 o m o o 0 o m o (n gU) o m ) , \ ( � )a — 2k x \ ) ^ 9 ��. ❑ - _ k 0 % ) J kk ( ) 6 93 /§* f/3 _ \ \ #» 2 + ® o �] / z # n � U.S.DEPARTMENT OF LABOR STATEMENT OF COMPLIANCE Form Approved WAGE AND HOUR AND PUBLIC Budget Bureau No. 44-R1090 CONTRACTS DIVISIONS Date I, (Name of signatory party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by (Contractor or subcontractor) on the (Building or work) ; that during the payroll period commencing on the day of , 20 and ending the day of , 20 all persons employed on said project have been paid the full weekly wages earned, that nc rebates have been or will be made either directly or indirectly to or on behalf of said (Contractor or subcontractor) from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948.63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with-the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAId TO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to m+ 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 r —no wm Remarks Name and Title Signature 444A 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) *EMPLOYEES STATEMENT OF WORK VERIFICATION The undersigned hereby certifies that he has engaged in the following work classifications for thea roll week beginning and endin PY 9 9 9 w (Date) and was employed by (Date) (Name of Company) V�0RK t T TH I✓ , SAT -TOTAL i }-ATE DRO ' ( L.AS SIFICA110NI"- HOURS Or PAS` PAY - — a � TOTALS t (Employee's Signature) 13 *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 a!! 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 ry ❑ For weeks Ll: Date: Employee's Signature Printed or Typed Name: Project Name and Number: 50 . xPAYROLL MDUMONAUfHORIZATION ry U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT INPUT SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To(Appropriate Recipient) Date C/O Project Number (If any) Project Name 1. The undersigned, having executed a contract with (Name of Contractor or Subcontractor) for (Nature of Work) In the amount of$ In the construction of the above-identified project, certifies that: (a) The Labor Standards Provisions of The Contract for Construction are included in the aforesaid contract. (b) Neither *he nor any firm, corporation, partnership, or 'association in which he has a substantial Interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, part 5 (29 CFR, Part 5),or pursuant to Section 3(a) of the Davis- Bacon Act, as amended (40 U.S.C. 276a-(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm,corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2. He agrees to obtain and forward to the contractor,for transmittal to the recipient,within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about (Nature of work) In the amount of$ 3. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A Single Proprietorship: (3) A Corporation Organized in the State of: (2) A Partnership: (4) Other Organization (Describe) (c) The name, title and address of the owner, partners or officers of the undersigned are: �J s k (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): A a turb ibfhiferest."SW x. IM r (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): EFP'STS�r*,•'' J (Subcontractor) 71 By (Signature) (Typed Name and Title) WARNING U. S. Crimnal Code, Section 1010, Title 18, U.S.C, Provides in part: "Whoever... makes, passes, alters,or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisioned not more than two years, or both." City of Fort Worth,Community Development Block Grant Funded Construction Projects(Davis-Bacon Applicable) TO: ALL CON'T'RACTORS, SUB-CONTRACTORS, AND PAYROLL CLERKS ETC. FROM: MARILYN JACKSON, CONTRACT COMPLIANCE SPECIALIST RE: PAYROLL PROCEDURES 1. Payrolls are to be submitted,in original on1X, to the Contract Compliance Specialist, Finance Department 1000 Throckmorton, Fort Worth,Texas 76102 on or before 5:00 p.m.of the seventh day following the close of that pay period, using Form WH-347 or equivalent certified payrolls (when approved by the Contract Compliance Specialist). 2. Payroll not submitted on time will be sufficient cause to withhold monies due for previous Pay requests. 3. For All Contractors Exceeding$10,000—When a Contractor or Subcontractor arrives on the job in order to commence work,he/she shall submit,with the initial payroll, a Notice of Start Letter, a certificate from Contractor/Subcontractor appointed fficer or employee to supervise payment of employees, a cerftficate regarding Equal Employment Opportunity, a Labor Standards and Prevailing lFage Requirements Certifrcadon, and the Armatlr+e Action Agreement. 4. Payrolls are to numbers consecutively beginning with #1, submitting payroll for each week until work is completed. 5. Show Contractors and Subcontractors IRS NUMBER ON THE INITIAL PAYROLL 6. Whenever a Subcontractor is absent from the job during a complete pay period, he/she shall submit"No Work" payroll on the WH-347 for that period. 7. When a Subcontractor leaves the job permanently after having completed a contract, the final payroll should state "Final'. 8. Any time an error is found in the payroll whereby an employee is under paid for that particular pay period, a supplemental payroll shall be submitted, for that employee or those employees. Together with the payroll, a Receipt for payment and Back Wages statement and a copy of the check issued to pay the back wages shall be submitted. 9. Payrolls shall be correct and (preferable in ink, no pencil entries) must include the following items: r a. Employees Name b. Employees Address c. Employees Social Security Number d. Employees correct classification (as shown on the Department of Labor wage decision). All classifications used must be shown on the wage determination. e. Exact hourly rate of pay (shown on wage decision). Can be more than that shown,but never less). f. Daily and weekly total number of hours worked (if several trades during that particular pay period). g. Allowable deductions made. Allowable deductions are F.I.C.A. and Withholding Tax. The Payroll Deduction Authorization Form, signed by the employee authorizing these deductions,shall accompany all other deductions shown. This form only needs to be submitted once if there will be no new deductions. h. Total actual wages paid. If the employee or employees work more than one trade during any given period, it should be shown on the payroll and accompanied by an Employee's Statement of Work Verification signed by the employee, showing that he/she did work the various hours on the payroll in the various trades. Note: Only the wage rates provided by the Department ofI abor are used for this project. The contract must be signed within 90 days of the bid opening or the bidding process for the project must start again or the Contractor may choose to accept any wage modifications. Ifyou have any questions,please contract me at(817) 392-7329. 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 fi inges 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 Employe : 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 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, Rinds, 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 pa, all required fringe benefits: A contractor who pays fringe benefits to approved plans, fiends 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, fiends, or programs not less than the amount predetermined as fringe benefits for each craft. Any exceptions shall be-noted in Section 4(c). Contractor 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 hinges, 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 W 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 fiinges 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. - r i Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of the employee's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus$63.00/120.00. Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five deductions should be involved, use first 4 columns; show the balance of deductions under ■� "Other" column; show actual total under "Total Deductions" column; and in the attachment to the payroll describe the deductions contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 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. Column 9 -Net Wages Paid for Week: Self-explanatory. Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Required by Regulations, Parts 3 and 5: While this form need not be notarized, the statement on the back of the payroll is subject to the penalties provided by 18 USC 1001, namely,possible imprisonment for 5, years or$10,000,00 fine or both. Accordingly, the party signing this required statement should have knowledge of the facts represented as true. Space has been provided between items (1).and (2) of the statement for describing any 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. a II QWY DOCUMWFSIPRE-CONSTRUCTION PACKETT PAYROLL INSTRUCTIONS WH347.DOC r0- - „{i�,a., s - :x •t`•`{, •aty''a.'ai*cxgJ.P, r. �, - � "!' � ve�• ���' jrr" �x�i�+a>�a`������WtYc.rt i ns*-�R �-za}",* s � F'FF•xc••:i. {!r e-.. 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F i4 .t's �_ � 7 3 ha{ a+ 1:••et .F �Y A*/�•1 t-. 1Ftw,Mzl ..t xi•Aaf r�~ t t,. •td}` St''y t r}x Y sr�n�;. rs'' -:°x .tl ��rrr+-'�-fi,g!•=i.d,};S,St�tr t;.+a s ader !eYY., .rY''t t',r•t rc�i� sF --'>?���cJa�ar, - >�.r�i•re t ' - 09� ��oU. ,RT WORTH -old ij hZt t*T 'fit! 1 s 1 J '=a•(••'s+rkj'sy i .s d r 'a•. : s 4 1 t e i 1t s Gf�� f d • s r .• zt w i + f Y.N 7> eot VON, a '', =1 1 :t `•==44-,•'! `I• r.vniyr } s�'ti,."' iy J xi! drix•s. a!}s I _ i= -•:( ,jd MARILYNJACKSON s.+{t • S{,3 CONTRACT • syoff"ocer�unavorn i i m x a r•r�yy I t r. r ! •t t✓ -:r .r s}r°iy,+trf 7♦�{yfa r t. s Li> 3 ♦ < K' ! -ta. CONTRACT�i Y� } >' t y • � o{ T Qo�w*_ OFFICECITY MANAGER'S DIVISION 1 • �i Ftr �n •1p�y ot1= rt• -.7",' -� _ y int s.. 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's t-^,•{ js��S�ay"'•�y3.7 r^». r t'*• r :',', syr+' ��tsf� i"' ;, v ..t r r;1 4n'i•r+• '� v _ �� SCij: 1•_}•,"s•-i ,�5?'T.iS7�'S;T •.�" 4 ,:tf�{ I�•' rC ,N:i:"+'• -.+i' !•• .JY} x,y sG'•+� N7rSY�`y' tL�yr. .W. -•L. i5... g= .�x' T.•r o r T Aa Orel OICFbderal orFederally� AnancedConstruction Project� ` LUN EM UMYou must be paid not less than -the wage rate in the schedule posted with this Notice for the VAGALD 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. Apprentice rates apply only to apprentices APHENTI= properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, contact the M Contracting Officer listed below: ow: MARILYN RACTCOMPLIANCE KSPEEC ALIST CITY MANAGER'S OFFICE CONTRACT MANAGEMENT DIVISION CITY OF FORT WORTH 1000 THROCKMORTON STREET•FORT WORTH,TEXAS 76102-6311 817-392-7329• FAX 817-392$383 MartlynJackson@fortworthgov.org p 0 or you may contact the nearest office of the Wage and Hour Division, US. Department of Labor. The Wage and Hour Division has offices - in several hundred communities throughout the Y country. They are listed in the U.S. Government section of most telephone directories under. U.S. Department of Labor rrnnlnvm¢nt ';tAndgrrjR Administration tU O SZ- 70 cz 0 9 1 Ld0 _ x Z o c m 0 � �-- Cti - c O 4-jco 3 t U) Q ,- � °'w %+_ 0 ..O +� _N 0 +� L U) N R3 00- -0 0- .0 s-- co O © c� • ,� c tD O -0 N • .� -0 NF1 U) � � 0cz -� 4) o 0o E > NEW 7 LLOrono LLJ I: F s -2t C) z C) : ( 0 L� 0 . "µ e U) U O - N O' O 14 v cn O p i Z3 L N O 4-j �-- O O ® m = Urn U O Rj m > ;� o cu A N V t� i �-- 4-+ 4- � [� 0 -- E �_ cd 0 0..0 (D Cf) C) °' o, o = acro cv .0 �, Z3 (D 0 � w d � cn z- Cts Q- UU ozw o ° ; 7C) CTS .p za as oL - U 0 p cz rm 0)70 Co 40— In z z �� �' +.+ -�-� o N (D CO � 0_C/) O � >,0 L— -0 0 cn E Q 0_ m H 0 0, ob U LL'0 z CC) O a Z 0 Z W P4 0 >1 z ir ^ � W (y]�{ P4 O m PROJECT DESIGNATION SIGN 4/-0" PMS-286 " � 14 4 1":E FORT WO 4„ PMS-167 T Proj' ect Title1 . 3" -� 4'-0" 2ND LINE " IF NECESSARY 3 11/'T Contractor: „ 2�"Contractor's Name- . a21- 1"_ FUNDED BY _ 4 f 1" 1" r COMMUNITY DEVELOPMENT BLOCK GRANT PROG�—T� 24" ® l a Scheduled Completion Date t 1� e Year a SY I • 1" FONTS: FORT WORTH LOGO IN CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD COLORS: FORT WORTH-PMS 288 LONGHORN LOGO-PMS 167 LETTERING-PMS 288 BACKGROUND-WHITE PROJECT DESIGNATION SIGN BORDER-BLUE (Community Development Block Grant projects. only) CITY OF FORT WORTH-CONSTRUCTION STANDARD -�••• I r%AT[7. o_,)n_n47 r PART C SPECIAL PROVISIONS CARVER HEIGHTS EAST MODEL BLOCKS SPECIAL PROVISIONS TABLE OF CONTENTS 1. Scope of Work 2. Easements 3. Contract Award 4. Project Completion 5. Termination 6. Reference Specifications 7. Bid Submittal 8. Warranty 9. Construction Staking 10.Traffic Control 11.Payment 12.Delays 13.Detours and Barricades 14.Parkways 15.Disposal of Spoil/Fill Material 16.Zoning Compliance 17.Clearing and Grubbing 18.Quality Control Testing 19.Property Access 20.Construction Schedule 0 21.Safety Restrictions - Work Near High Voltage Lines 22.Water Department Pre-Qualification Requirements 23.Right To Audit 24.Trench Safety 25.Subsidiary Work 26.Substitutions 27.Temporary Soil Erosion, Sediment and Water Pollution Control 28.Existing Utilities rp 29.Construction Notes 30.Sidewalk Locations 31.Construction (Non--Pay Items and Pay Items) Special Provisions C-1 po VP 00 SPECIAL PROVISIONS OW 1. SCOPE OF WORK: The work covered by these plans and specifications consists of the construction of standard concrete sidewalks, sidewalk ramps, and all other ow miscellaneous items of construction to be performed as outlined in the Specifications, which are necessary to satisfactorily complete the work. r• AWARDING OF CONTRACT AND CALENDAR DAYS: (a)Contract may not necessarily be awarded to the lowest bidder. The City ON Engineer shall evaluate and recommend to the City Council the best bid, which is considered to be in the best interest of the City. The contract will be awarded to the lowest responsive and responsible bidder. V. (b)The number of calendar days for the contract shall be 180. o» 2. EASEMENTS: Contractor shall verify locations of all utilities and right-of-way easements as required. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing works order for this Contract. 3. CONTRACT AWARD: Contract will be awarded to the lowest responsive and responsible bidder. 4. PROJECT COMPLETION: The Contractor agrees to complete the Contract within the allotted number of calendar days. If the Contractor fails to complete the work within the number of working days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6 of the "General Provisions" of the Standard Specification of Construction of the City of Fort Worth, Texas. S. TERMINATION: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 6. REFERENCE SPECIFICATIONS: This Contract and project are governed by the following published specifications (latest edition), except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH A copy of these specifications may be' purchased at the Office of the Department of Transportation and Public Works, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The applicable specifications are indicated on Special Provisions C-2 the plans and in the Contract Documents. General Provisions shall be those of the City of Fort Worth document rather than Division 1 of the North Central Texas document. STANDARD SPECIFICA TIONS FOR CONSTRUCTION OF HIGHWA YS STREETS AND BRIDGES, TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICA TIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 7. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the Contract Documents at any time. Failure to bid or fully execute Contract without retaining Contract Documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding Contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 8. WARRANTY: The Contractor shall be responsible for defects in this project due to Contractor's faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of each work order by the City. The Contractor will be required to replace at his expense any part or all of the project, which becomes .� defective due to these causes. 9. CONSTRUCTION STAKING: Construction stakes for line and grade will be provided by the City (if required) as outlined on page 17, Standard Specifications for Street and Storm Drain Construction, City of Fort Worth. 10. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Texas Manua/ on Uniform Trak Control Devices for Streets and ffkhwa s" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Traffic Services Division (phone number 871-8100), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be Special Provisions C-3 reinstalled the Contractor shall again contact the Traffic Services Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Traffic control will not be paid for directly, but shall be considered subsidiary to the various bid items of the contract. 11. PAYMENT: The Contractor will receive full payment from the City for all work. 12. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the Contract. r 13. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian �* facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall be responsible for installing all construction signs, signals, and markings necessary to provide adequate traffic controls for purposes of construction. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. The furnishing, placing, and maintaining of barriers and warning and/or detour signs by the Contractor will not be paid for directly, but shall be considered subsidiary to the various bid items of the contract. For sidewalk construction on arterial streets, lane closings will only be allowed from the hours of 9:00 a.m. to 4:00 p.m. The Contractor shall notify the Engineer and Transportation and Public Works Department prior to lane closures. Attached are typical Traffic Control Plan Details. OL Construction signing and barricades shall conform with the "Texas Manual on Uniform Traffic Control Devices, Vol. No. I." 14. PARKWAYS: It is required that all parkways be excavated and shaped as required at the same time the sidewalk is constructed. Excess excavation will be Special Provisions C-4 PW disposed of at locations approved by the Engineer. Standard Specification Item 108, "Finishing of Parkways" shall apply. Contractor shall excavate all areas between the back of curb and sidewalk per the City's standard details or as directed by the Engineer. Contractor shall prepare parkways for re-sodding. Any parkway shaping is subsidiary to the unit price bid for sidewalk construction. 15. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such. material. Contractor shall not dispose of such material until the proposed sites have been determined by the. Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filing is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 4W 16. ZONING COMPLIANCE: During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant properly for storage purposes. 17. CLEARING AND GRUBBING: All objectionable matter required to be removed within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102, "Clearing and Grubbing' and shall be subsidiary to the other items of the Contract. 18. QUALITY CONTROL TESTING: The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphalt and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (a)Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar that are to be used later in the concrete. The Contractor Special Provisions C-5 shall provide a certified copy of the test results to the City. (b)Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the Contract. (c) The Contractor shall provide not less than 48 hours notice to the City for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (d)The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material 19. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 20. CONSTRUCTION SCHEDULE: The Contractor shall furnish to the Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 21. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this Contract: (a)A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN TEN FEET OF HIGH VOLTAGE LINES." • (b)Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. PW (c) When necessary to work within ten feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of r Special Provisions C-6 Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d)The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 00 (e) No person shall work within ten feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 04 22. WATER DEPARTMENT PRE-QUALIFICATION REQUIREMENTS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures and specifications described in the current Fort Worth Water Department General Specifications. 23. RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City OR shall give Contractor reasonable advance notice of intended audits. (a)Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, "' documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and `0 appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. City shall give OW subcontractor reasonable advance notice of intended audits. (b)Contractor and subcontractor agree to photocopy such documents as may be r• requested by the City. The City agrees to reimburse Contractor for the cost of copies as follows: PE 1. 50 copies and under $0.10 per page. 2. More than 50 copies$0.85 for first page plus $0.15 for each page thereafter (c)"Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract have access to and the right to examine any Special Provisions C-7 directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." 24. TRENCH SAFETY: The Contractor must comply with the following basic requirements in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety O,,, protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work" for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation *' Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. The Contractor shall provide all methods used for trench excavation safety protection including furnishing, designing, providing all materials, tools, labor, equipment and incidentals necessary, including removal of the system. 25. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Parkway shaping, surface restoration, and cleanup are general items of work, which fall in the category of subsidiary work. ' ft' 26. SUBSTITUTIOf�S: The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approved, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the'proposed substitute is procured by the Contractor. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material- or equipment which may accomplish the intended purpose. However, the Contractor shall have the full Special Provisions � _ � — C-8 responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "Substitutions" shall be applicable to all sections of these specifications. 27. TEMPORARY SOIL EROSION, SEDIMENT AND WATER POLLUTION CONTROL: The Contractor shall provide all temporary soil erosion, sediment and water pollution cont.-ol measures for the duration of the Contract in compliance with Federal (EPA), State of Texas, and City of Fort Worth regulations. The temporary measures shall include silt fences, temporary construction entrances, dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains, +� and other devices. Such prevention measures shall be in accordance with the North Central Texas Cou.,7dl of Governments Storm Water Quality Best Management Practices for Construction Activities All work, materials, and equipment necessary' to provide temporary erosion control shall be considered subsidiary to the Contract and no extra pay will be given for this work. 28. EXISTING UTILITIES: It shall be the responsibility of the Contractor to determine the existence of, to verify locations, elevations, and dimensions of � adjacent and/or conflicting utilities in order that adjustments can be made to provide adequate clearances. The Contractor shall preserve and protect public utilities at all times during construction. Any damage to utilities resulting from the Contractor's work shall be restored at the Contractor's expense. Public utilities shall be notified when proposed facilities conflict with existing utilities. Contractor shall contact the following utility companies 48 hours prior to doing work at any location: Fort Worth Water Department Field Operations Kristian Sugrim 817-212-2649 or 817-925-2271 Scott Neystel 817-212-2642 or 817-994-8663 Fort Worth Transportation & Public Works 01* Light and Signal Division Dwayne Cox 817-871-8100 Roger Martin 817-871-8100 Fort Worth Transportation& Public Works (Storm Drain locates! Gordon Couch 817-871-8100 Lone Star Gas Company Metro (214) 263-3444 Texas Utility Service Company 336-2328 Southwestern Bell Telephone Company Enterprise 9800 Texas One Call-Fiber Optics Location (MCI, AT&T, Sprint, etc.) 1-800-245-4545 Special Provisions C-9 FF qoh Marcus Cable T.V. 737-4731 29. CONSTRUCTION NOTES: The following Construction Notes shall apply to the project: 1. All sidewalk joints shall be installed as shown on the attached drawings of the sidewalk layout. Contractor shall install expansion joints at all existing driveway connections. No driveway approach or driveway replacements are required unless approved by the Engineer. 2. All expansion joints shall be slip doweled using 24" #3 smooth dowel bars @ 18" • C-C with sleeve and grease on one end. Redwood boards shall be used as expansion joint filler. (See details.) 3. All construction joints (flagging) shall be installed using 3/16" wide tooled joints 3/8" deep. 4. No joint sealing is required for sidewalk construction. 5. All sidewalk ramps shall be installed prior to sidewalk construction. 6. Subgrade shall be compacted to have a uniform density of not less than 95% of the maximum density. Testing will be done by the City at the discretion of the Engineer. 7. Concrete Retaining Wall With Sidewalk shall be paid for by the unit price bid per cubic yard. 30. SIDEWALK LOCATIONS: A site layout drawing is provided.within the Appendix in order to denote the proposed sidewalk improvement locations. IT IS THE INTENT OF THIS CONTRACT TO CONSTRUCT SIDEWALKS IN THE SPECIFIED AREAS; AND, IF FUNDS ARE AVAILABLE, CONSTRUCTION SHALL EXTEND TO INCLUDE OTHER BLOCKS IN THESE GENERAL AREAS. The City reserves the right to increase or decrease the extent of the work and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall no be considered as a waiver of the conditions of the contract, nor shall they invalidate any-of the provisions thereof. The Contractor shall perform the work as increased, decreased or substituted with no allowances made for any anticipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract. 31. CONSTRUCTION Special Provisions C-10 r NON-PAY ITEMS: FINISHING OF PARKWAYS: dw All applicable provisions of Standard Specification Item 108, "finishing of Parkway' shall apply. Contractor shall excavate all areas between the back of curb and sidewalk per the City's standard details. Contractor shall prepare parkways for re- sodding. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PREPARING RIGHT-OF-WAY, CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 100, "Preparing the Right-of-Way' and Item 102, "Clearing and Grubbing." No direct payment will be made for this item, and it shall be considered incidental to this Contract. SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control' shall apply. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PROTECTION OF FENCES, TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including fences, lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. No direct payment will be made for this item, and it shall be considered incidental to this Contract. + PROPERTY OWNER NOTIFICATION: The Contractor shall provide flyers to all property owners adjacent to the proposed sidewalk locations. The notices shall be distributed a minimum of 5 calendar days prior to the start of construction on that street. Examples of these flyers are shown in the details. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PRE-CONSTRUCTION WALK-THROUGH: lips No detailed parkway surveys have been completed for these sidewalks. Therefore, the Contractor shall meet with the Engineer and the Inspector at the proposed sidewalk locations prior to construction. City representatives and the Contractor will locate the proposed sidewalk locations based upon actual field conditions. No direct payment will be made for this item, and it shall be considered incidental to this Contract. ? Special Provisions C-11 PAY ITEMS: UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price comparable to the final cost of making necessary adjustments required due to improvements to water, sanitary sewer, and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repa.ired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. PROJECT DESIGNATION SIGNS: The Contractor shall construct and install two (2) Project Designation Signs at the locations approved by the Engineer. It will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the latest City standard detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and placed at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports, connections to the support, and „ maintenance shall be to the satisfaction of the Engineer. The signs shall include all materials, labor, equipment, tools and incidentals necessary to complete the work. REMOVE EXISTING CONCRETE FLATWORK: All applicable provisions of Standard Specifications Item 104 "Removing Old Concrete" shall apply. Any saw cutting, removal, excavation, street repair, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. Removal of flatwork for sidewalk ramp installation is not part of Special Provisions C-12 this pay item. The unit price bid per square yard shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. 00, REMOVE EXISTING CURB & GUTTER: All applicable provisions of Standard Specifications Item 104 "Removing Old Concretes' shall apply. Any saw cutting, removal, excavation, street repair, and haul °� off of removed material necessary for construction shall be subsidiary to the bid price for this item. Removal of existing curb and gutter for sidewalk ramp OW installation is not part of this pay item. The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. STANDARD CONCRETE 7" CURB & 18" GUTTER: All applicable provisions of Standard Specifications Item 502 "Concrete Curb and Gutter shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. 4" CONCRETE SIDEWALKS: All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Driveway.' shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard concrete sidewalks as shown, in the details or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instructional sign, street name sign, or other .� sign that has been erected by the City. The Contractor shall contact Signs and Markings Division, TPW (Phone 871-8075). Any excavation, compaction, saw cutting, removal, parkway grading, street repair, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. Pay items are separated by total length of sidewalk installed along each street. Existing driveways, streets, and sidewalk ramps will not be considered as starting a new length of sidewalk when determining the appropriate pay item number for each street. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. CONCRETE RETAINING WALL WITH SIDEWALK: All applicable provisions of Standard Specifications Item 518 "Retaining Walls' shall • apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct retaining walls with sidewalk as shown in the details or as directed by the Engineer. The unit price bid per cubic yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. Special Provisions C-13 FP 6" CONCRETE SIDEWALKS AT DRIVEWAYS: All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Driveways" shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard 6" concrete sidewalks across existing HMAC or gravel driveways as shown in the details or as directed by the Engineer. Any compaction, saw cutting, removal, excavation, parkway grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. HMAC DRIVEWAYS: All applicable provisions of Standard Specifications Item 312 "Hot-Mix Asphaltic Concretes' shall apply. The Contractor shall replace standard HMAC driveways disturbed by construction as shown in the details or as directed by the Engineer. The driveways shall be 6" thick: 2" thick HMAC surface course, Type D, on 4" thick HMAC surface course, Type B. Any compaction, saw cutting, removal, excavation, parkway grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per ton shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. FLEX BASE DRIVEWAYS: All applicable provisions of Standard Specifications Item 208 "Flexible Base (Crushed Limestonel' shall apply. The Contractor shall replace standard gravel driveways disturbed by construction as shown in the details or as directed by the Engineer. The driveways shall be 6" of compacted flex base. Any compaction, saw cutting, removal, excavation, parkway grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. 6" CONCRETE DRIVEWAY APPROACH: All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Driveways" shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard 6" driveway approaches as shown in the details or as directed by the Engineer. Any compaction, saw cutting, removal, excavation, grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. • The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. Special Provisions C-14 PP PW CONCRETE SIDEWALK RAMPS: 40 All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard concrete sidewalk ramps as shown in the go details and as directed by the Engineer. Type 1 sidewalk ramps shall be constructed at intersections where 4' sidewalks are offset from the back of curb. Type 3 ramps shall be constructed at intersections where 5' sidewalks are adjacent to the back of curb. Use of Type 2 sidewalk ramps shall be restricted to locations where it is not feasible to use Type 1 or 3 and shall be paid for at the same price bid for Type 1 ramps. All grooved ramp surfaces (but not the sidewalk ramp wings or curbs) shall be colored with LITHOCHROME color hardener. A brick red color, a dry-shake hardener manufactured by L. M. Scofield Company or equal, shall be used in accordance with manufacturer's instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Pay Item. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. The Contractor may also use All applicable provisions of Standard Specifications Item 104 "Removing Old Concrete" and Item 502 "Concrete Curb and Gutter" shall apply. Any parkway shaping and grading, curb and gutter saw cutting and removal, excavation, street repair, and haul off of removed material necessary for construction of sidewalk and ramps shall be subsidiary to the unit price bid for these items. Street voids caused by construction shall be filled with HMAC"Type D" mix for HMAC pavement per Item 312 "Hot-Mix Asphaltic Concrete". The unit price bid for each ramp shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. WATER METER AND GROUND BOX ADJUSTMENTS: This item shall include raising or lowering existing boxes to the parkway grade specified. No payment will be made for existing boxes that are within 0.1 feet of the specified parkway grade. The unit price bid for each water meter box adjustment P. will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. PW MANHOLE ADJUSTMENTS: This item shall include adjusting the tops of existing standard manhole rings and covers to match the proposed parkway grade as shown on the details. No payment will be made for existing boxes that are within 0.1 feet of the specified parkway n Special Provisions C-15 grade. All applicable provisions of Standard Specifications Item No. 450 "Adjusting Manholes and In/e[s"and Item No. 406 "Concrete for Structure.'shall apply. The Contractor shall be required to use Class "A" concrete except as modified '"` herein. The maximum water cement ratio shall not exceed 5.5 gallons per sack. A Type "A" water-reducing admixture and a Type "C" set-accelerating admixture may be used to achieve the earliest possible concrete setting times. The use of a set- retarding admixture will not be permitted. The concrete will be designed to achieve a minimum compressive strength of 3,000 pounds per square inch in 48 hours. If the concrete fails to reach the required 48-hour strength, the Engineer may direct that the concrete be redesigned as necessary to meet these requirements. Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections, per current City Water Department Special Conditions. The unit price bid for each manhole adjustment will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. SPRINKLER HEAD ADJUSTMENTS: This item shall include relocating existing sprinkler heads and including supply piping for sidewalk construction. No payment will be made for sprinkler head adjustments except those adjustments determined necessary by the Engineer. The unit price bid for each sprinkler head adjustment will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. TREE REMOVAL: This item shall include removing existing trees for sidewalk construction. The Engineer must provide written authorization before the Contractor removes any tree. The unit price bid for each tree removed will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. TREE TRIMMING: This item shall include trimming existing trees for sidewalk construction. The Engineer must provide written authorization before the Contractor trims any tree. The unit price bid for each tree trimmed will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the 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 right-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National WL 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 on Special Provisions C-16 OW assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. REMOVE AND RELOCATE SHRUBS: This item shall include the removal and relocation of existing shrubs for sidewalk construction. The Engineer must provide written authorization before the Contractor +o- relocates any shrub. The unit price bid for each shrub relocated will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. REMOVE AND REPLACE DRAIN LINE (VARIOUS SIZES) This item shall include the removal and replacement of existing drain lines for sidewalk construction. The unit price bid per linear foot will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. O- HMAC SIDEWALKS: All applicable provisions of Standard Specifications Item 312 "Hot-Mix Asphaltic ,ft Concrete' shall apply. The Contractor shall install HMAC sidewalks as shown in the details or as directed by the Engineer. The sidewalks shall be 2" thick HMAC surface course, Type D, on 3" thick flexible base. Any excavation, parkway grading, haul off qw of removed material, and compaction necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per ton shall be full compensation for furnishing and installing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. TOPSOIL: All applicable provisions of Standard Specification Item 116,"Topsoi/', shall apply. The unit price bid per cubic yard shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. Topsoil shall be placed as directed by the Engineer. 42" HANDRAIL WITH PRIMECOAT AND ALUMINUM OIL BASED PAINT: The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. SODDING: All applicable provisions of Standard Specification Item 118, "Sodding'', shall apply. These items shall include sodding grass areas disturbed by construction at the locations directed by the Engineer. The unit price bid per square yard will be full Special Provisions C-17 payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. HYDROMULCH: All applicable provisions of Standard Specification Item 120, "Seeding", shall apply. These items shall include hydromulching areas disturbed by construction at the locations directed by the Engineer. The unit price bid per square yard will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. Special Provisions C-18 PART D SPECIFICATIONS The City of Fort Worth's "Standard Specifications for Street and Storm Drain Construction" will govern this project, except as modified by the Contract Documents and the plans. A copy of these Standard Specifications may be purchased at the office of the Transportation and Public Works Department, 1000 Throckmorton Street,2"d floor, Municipal Building,Fort Worth,TX 76102. "Standard Speci'cations for Public Works Construction", latest edition, as published by the North Central Texas Council of Governments (NCTCOG) shall cover any remaining items not included by the Fort Worth or TXDOT Standard Specifications or modified specifically by the plans or Contract Documents. SILICONE JOINT SEALING FOR CONCRETE PAVEMENT CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for " SILICONE JOINT SEALING ti (Revision 1,October 18, 1989) (Revision 2,May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2.(11)"Joint Sealing Materials"of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION- CITY OF FORT WORTH, and Item 2.210"Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH TEXAS COUNCIL OF GOVERNMENTS. 3. MATERIALS 3.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 3.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated,documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 3.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation,Midland, MI 48686-0994,or an approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED **** Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 **** Skin-Over Time, minutes max. 60 **** Cure Time, days 14 to 21 **** Full Adhesion, days 14 to 21 AS CURED-AFTER ASTM D 412, Die C Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @+100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 3.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the"Construction Detail"sheet for the various joint details with their respective dimensions. 4. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the"Construction Detail'sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the"dummy"joints,the initial 1/4 inch width"greed'saw-cut and the"reservoir"saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7)days. Then the saw cuts for the joint sealant reservoir shall be made,the joint cleaned,and the joint sealant installed. During the application of the joint sealant,the weather shall not be inclement and the temperature shall be 40F(4C) and rising. 5. EQUIPMENT "* 5.1 All necessary equipment shall be furnished by the Contractor._The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 5.2 Concrete Saw:The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 53 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 5.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 5.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 5.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 5.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 5.8 Backer Rod Roller and Tooling Instrument:These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 6. CONSTRUCTION METHODS 6.1 General: The joint reservoir saw cutting,cleaning,bond breaker installation,and joint sealant placement shall be performed in a continuous sequence of , operations 6.2 Sawing Joints:The joints shall be saw-cut to the width and depth as shown on the"Construction Detail'sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 6.3 Cleaning Joints: Immediately after sawing,the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air.(Paragraph Rev. 1, October 18, 1989) After complete drying,the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate,one directional passes.Upon the termination of the sandblasting,the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found,the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning,the bond breaker and sealant shall be placed in the joint. Open,cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape:The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 6.4 Joint Sealant: Upon placement of the bond breaker rod and tape,the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F(4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints:A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 7. WARRANTY R The Contractor shall provide the Engineer 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. 8. BASIS OF PAYMENT No payment will be made for this subsidiary item. Contractor shall furnish all materials;prepare,deliver, and apply sealing materials;and provide all labor,equipment,tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion �i a List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety From: Fax number To.-'18172208159' , Page: 1/1 Date:612/200512:08:25 PM ACORD-- CERTIFICATE OF LIABILITY INSURANCEDATE(MMODNYYY) 5/31/2005 PROmICER (972)625-9177 FAX (972)625-9778 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION STAR Insurance Services of Texas ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A Steven L Thomas Agency ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4805 S. Colony Blvd. The Colony TIC 75056 INSURERS AFFORDING COVERAGE MAIC M W SURED INSUPERA:Colony Insurance Co. Trent Bedford Inv+estmenta, lac. , DBA: Skyline -INSURERE3 SOuthern County Mtual 3660 W. Hwy 199 IISUR£RC Clarendon America Ins. INSURER D springtovu TIC 76092 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREME-NT,TERM!OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTANN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONO(TIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOVIAN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L OFFECtrig POLICY EXPIRATION TYPE OFIINSURANCE POLICY NUMBER DATE MW ) DATEIMIM0DIYY) LIIfr6 GENML LIABEITY ERCP OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300,000 PREM]S£S Eaoarnrence) $ A CIA IMSMADE EX OCCUR GL146D77 5/21/2005 5/21/2006 MEDEXP Anyaneversan S 10,000 PERSONAL&ADV IN,LIRY $ 1,000,000 GENERAL AGGREGATE 6 2,000,000 GENL AGGREGATE�LL%p-APPLEES PER: PRODLP TS-COMPCP AGG $ 2,000,000 X POLICY JECT F LOC AUTOMOBILE LIABILITY COMBINED SINGLE L dttiT X ANYAl.fTO (Ee accident) H X AL.L O'ANED AUTO S STC555383-2 4/7/2005 4/7/2006 BODILYINJUP.Y X SCHECIILED AUTOS (Perper j $ HIRED AUTOS BODILY INJURY NON-OWNE0 AUTOS PROPERTY DAMAGE 5 (Per accident; GARAGE LIABILITY AUTO ONLY-EAACCIDFNT $ ANY AUTO OTHER THAN EA ACC i AUTO ONLY AGG $ EXCESSAJIIIMMLLA LIABILITY EACH OCC LWRRENCE S OCCUR a CLAIMS MADE AGGREGATE $ • S DEDUG'T.&E $ PET ELATION S S WORKERS COMPENSATION AND TORY LIMITS OT EMPLOYERS'LIABILITY AN)'PROPRIETOWPARTNERlEXECUTIVE E.L EACH ACCIDENT S OFFICERA EMBER EXCLUDED E.L.DISEASE-fA EMPLOYEE$ I(yes,dese-be under SPECIALPROYISIONSbelow E.L.DISEASE-POLICY LIMIT $ amm Inland Marine 6130,000 For Tterw C Leased G Rented DCP000005189 5/21/2005 5/21/2006 wa,000 Per DESCRIPTION OF OPERATIONSEOCATKAOND ICLESEXXCLUSIOMB ADDED BY ENDO11SEMENTAPFCIAL PROVISIONS Beef: Carver Heights Eaet Model Bleats Sidewalk Ieporcv�ntA Projeet#QQ75 005206845900 City of Fort Worth is listed as Additional Insured on the General Liability and auto Policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ASOVE DEOCFASW POLX:IEH UE CJWCELLED BEFORE THE City of Tort WottIx EXPIRATION GATE THEREOF, THE rawU IG INSURER WILL ENDEAVOR m MAL 1000 Throe)morton 10 DAYS YMVT v N Pswwe To THE cERTwr-Ars Ma mR NAMW To TNG uwr.vuT rox t Worth, TX 76 102-6 312 FAILURE TO DO 80 YHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSUMIlk ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Steven Thomas/CATHY .+ �, .lal ,.• ire ACORD CERTIFICATE OF LIABILITY INSURANCE °"`E T/Vo""' 05/31/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONinsuranceNaadle, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 222 S. Riverside Plaza 17th Floor HOLDER.THIS CERTIFICATE DOES NOT AMEND EXTEND OR Chicago, IL 60606 ALTER THE COVERAGE AFFORDED BY T14E POLINES BELOW. INSURERS AFFORDWO COVERAGE MSD INSURER& American Home Assurance Trent Bedford Investmr_nrn, Inc. DBA Skyline INSURER B: Excavation INSURER C: 3660 W- Y 199 Springtown HW SpIingtown, TX 76082 INSURER D INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERN 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.A136R,EGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR TYK+Of INSURANCE POLICY NYY/ER POLICY WPECWW POLICY U PIRAT10Nam lumma" DATE BONN= LIYITS GENERAL LIAIKITY EACH OCCURRENCE $ I COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Airy one fireS CLAIMS MADE OCCUR MED EXP(Any err er"n PERSONAL 8 AOV INJURY S J GENERAL AGGREGATE S 1 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG Is _ PDucY L P!'*1d E- 11 IDC _ AUTOMIOBILE LIAEILITY COMBINED SINGLE LIMIT ANY AUTO (Ea-441-1 S ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS fP*r P«-1 HIRED AUTOS BODILY INJURY 4 J NON-OWNED AUTOS _ _ 3 ' PROPERTY DAMAGE — GARAGE UABILITY AUTO ONLY-F.A AI:CIDENT ANY AUTO OTHER THAN ACC S AUTO ONLY: AGG VECISS LIABILITY EACH OCCURRENCE S OCCUR 1 CLAIMS MADE AGGREGATE S DEDUCTIBLE (RETENTION S WORKERS COM"NSATION AND �.i 7ORY.111 EMPLOYERS'LIABILITY I A 5402427 06/07/2004 06/07/2005 ELEAASECH OtE 1,000,000 E.L.DISEASE-EAEMPLOYEE�;__ _ 1,000,000 iI EL_.DISEASE-POLICY UMIT LYFHER Carver heights East Model . Blocks Sidewalk Improvements Project Number: GR76005206845900 . CERTIFICATE HOLDER ADaroNALINSURED;I"MRLETTER: CANCELLATION SHDULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOTI City Of Fort Worth DATE THEREOF,THE ISSUING INSURER MALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE 1000 Thrackmor COIL TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO BO SHALL IMPOSE NO Fort Worth, Texas 76102 ORG �ATOR LIABILRY OF ANY IONO UPON THE MISURER ITS AGENTS OR REPRESENTATIVES. AUTRORI80 REPRESENTATIVE Calif Lk.0015163 ACORD 25-6(7197) (e)ACORD CORPORATION 1988 r CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date_: NAME OF PROJECT: CARVER HEIGHTS EAST MODEL BLOCKS SIDEWALK IMPROVEMENTS PROJECT NUMBER: GR76 005206845900 IS TO CERTIFY THAT: Trent Bedford Investments DBA Skyline Excavation is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence: $ Liability) Property Damage: Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Bodily Injury: Contractual Liability Ea. Occurrence: $ Property Damage: Ea.Occurrence: $ Other Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such cltangelor cancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. Agency Insurance Company: Fort Worth Agent By Address Title Bond #4347753 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we (1) Trent Bedford Investments DBA Skyline Excavation as Principal herein, and (2) SureTec Insurance Comnanva 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.- One f:One Hundred Twenty-seven Thousand Two Hundred Seventy and No/100.................... ($127,270.00)Dollars for the payment of which sum we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a certain contract with the Obligee dated the 3rd of May.2005 a copy of which is attached hereto and made a part hereof,for the construction of: CARVER HEIGHTS EAST MODEL BLOCKS SIDEWALK IMPROVEMENTS NOW THEREFORE, the condition of this obligation is such,if the said Principle shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligec 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. Trent Bedford Investments DBA Skyline Excavation PRINCIPAL ATTEST: By: 4.�..,.�►- Name:�lll � (Principal) Secretary o Title: i rt&(�.�'�"' (S A L} Address: 3660 W. Highway 199 Sarincitown.TX 76082 Witness aW to Principal SureTer,Insurance Company SURETY ATTEST: BSA. e U. Name: Stacl Gross Secretary Attorney in Fact ® (S E A L) Address: 5000 Plaza on the Lake.Suite 290 Austin,TX 78746 Witne s a to Surety Telephone Number: (512)732-0099 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-{n-Fact. F" The date of bond shall not be prior to date of Contract. i Bond#4347753 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT Q That we,(I)Trent Bedford Investments DBA Skyline Excavation,as Principal herein,and(2) SureTec Insurance Company a corporation organized and existing under the laws of the State of(3) Texas . as surety, are held and fumly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Hundred Twenty-seven Thousand Two Hundred Seventy and No/100..............».,..Dollars($127,270.00)for the payment whereof,the said Principal and Surety bind themselves and their heirs,executors,administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS,the Principal has entered into a certain written contract with the Obligee dated the 3rd day of IJay,2005,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: CARVER HEIGHTS EAST MODEL BLOCKS SIDEWALK IMPROVEMENTS NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal i shall faithfully make payment to each and every claimant(as defined in Chapter 2253,Texas Government Code,as amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the'Surety have executed this instrument. SIGNED and SEALED this 3rd day of,Mal 2005. i PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 3rd0f May,2005. ATTEST: Trent Bedford Investments DBA Skyline Excavation (Principal)Secretary PRINCIPAL(4) BY: - .,-A Title: Pres AMX4- (SEAL) 3660 W.Highway 199 Sorin¢town.TX 76082 (Address) SureTec Insurance Company tness as to Principal Surety Ake&J.!li�,u l994,S"I ft&WR.W Address L-7G.v$'S BY: ,J ATTEST: (Attorney-in-fact)(5) Staci Gross (Surety)Secretary 5000 Plaza on the Lake, Suite 290,Austin,TX 78746 (Address) (512)732-0099 (SEAL) NOTE: Date of Bond must not be prior to date of Contract - (1) Correct Name of Contractor (2) Correct name of Surety (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. The date of bond shall not be prior to date of r_ Contract. - itnss as to Surety (Address) Bond#4347753 MAIN'T'ENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § - That Trent Bedford Investments DBA Skyline Excavation ("Contractor"), as principal, and_ SureTec Insurance 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 One Hundred Twenty-seven Thousand Two - Hundred Seventy and No1100.. Dollars ($127,270.00); lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 3rd of May, 2005, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: CARVER HEIGHTS EAST MODEL BLOCKS SIDEWALK IMPROVEMENTS the same being referred to herein and in said contract as the Work and being designated as project number(s) GR76 005206845900 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 p 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 8 counterparts, each of which shall be deemed an original,this 3rd day of Maj,A.D.2005. ATTEST: Trent Bedford Investments DBA Skyline Excavation (S E A Contractor Secretary Name:-T fang Title: pfd c 4 --t' ATTEST: SureTec Insurange Company (S E A L) Surety By Secretary Name: �Ataci Gross Title: Attorney-in-Fact 5000 Plaza on the Lake,3ujte 290 Austin,TX 78746 Address SureTec GENERAL POWER OF ATTORNEY Kwon All Mm ky 7*,rw Prawwb,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 Steven E.Burleson,Donal E.Boley,George S.Deal,Stad J.Gross of Wichita Falls,Texas its true and lawful Attornay(s)-in-fset,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and ail 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 and no/100('$5,000,000.00)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 W that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Hoard of Directors of the SureTec Insurance Company: Be it Reroheed, that the President, any Vice•Presidenk 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 persona as Anorney(s)-iso-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given frill power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds, recognizancM contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notice and documents canimling or terminating the Company's liability thereunder, and any such inimmme nts so executed by any such Attorney-in-Fact ahall be binding upon the Company w if signed by the President and sealed and affected by the Corporate Secretary. Be it Resolved,that the signature of any authorized offices and seal of the Company heretofore or hereafter affixed to any power of anornay or any oertifieaft relating thereto by factimile,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 meating hold on 20+of April,1999.) is iWiaer lflw"f, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be barto affixed this 11 tit day of June,A.D.2002. SURETEC INSURANCE COMPANY Corporate Seal BY 7 W 1 d ' State of Texas JoJr_ County of Harris ser: Preaide�s~ On this 11th day of June AD. 2002 before me personally came John Knox,Jr.,to me known,wbo,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 kmows the seal of said Company,that the seal affixed to said instr ant 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. 19oonw�uu,►aaAs: -� Notary Seal w��r"sw DSnaa U.Ibanez,Notary c aura r,s� M commission Y expires Jurat 11.200b I,Michael P.Whisenant,Vice President and Asektaaot 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 full force and effect;and furtt►ermone.the resolutions of the Board of Director,set out in the Power of Attorney are in full force and effect In Witness Whereof,I have hereunto act my hand Aad affixed the teal of said Company at Houston,Texas this 3rd day of May 20 1]5.__ A.D. Corporate SealW , Michael P.W6lsenant, Vie President;Assistant Secretary J SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at 1-868-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake,Suite 290 Austin,TX 78746 You may contact the Texas Department of Insurance to obtain information on companies,coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#:512475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002(the"Acr),this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U.S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company("Issuing Sureties"). The premium attributable to any bond coverage for"acts of terrorism"as defined in Section 102(1)of the Act is Zero Dollars($0.00). The United States will reimburse the Issuing Sureties for ninety percent(90%)of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism,as is true for all coverages, is limited by the terms, _} conditions,exclusions,penalties, limits, other provisions of your bond and the underlying contract,any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for,and the surety thereon shall not be liable for,molds,living or dead fungi, bacteria,allergins, histamines,spores, hyphae,or mycotoxins,or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence,existence, or appearance. Rev 11.11.03 CITY OF FORT WORTH,TEXAS CONTRACT M THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the 10th day of May A.D., 2005, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the I Ph day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, Trent Bedford Investments dba:Skyline Excavation, 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: CARVER HEIGHTS EAST MODEL BLOCKS SIDEWALK IMPROVEMENTS 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten(10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the m commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Wort within a period of 180 calendar days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General ` Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$210 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damap_e or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its offcers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. n;,qUi r � d`l' �'✓La The Contractor agrees, on the execution of this Contract, and before begin 'n work)to e execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor m. and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(includinglexcluding)alternates n/aa shall be One Hundred Twenty-seven Thousand Two Hundred Seventy and No/100................................................................................................Dollars,($389,158.05). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. c 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the 10th day of May,A.D.,2005. REC ED CITY OF FORT WORTH BY: ,. DIRECTOR, DEPARTMENT OF CITY MANAGER ENGINEERING APPROVED: 00r1/1-1 Marc A. Ott,Assistant City Manager TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: Trent Bedford Investments DBA Skyline Excavation m 3660 W.Highway 199 Springtown,TX 76082 CONTRACTOR CITY SECRETARY (S E A L) BY: �- Contract authorizatiox b TITLE APPROVED AS TO FORM AND 344D U).164 L911, iffb►�mutt.lI LEGALITY: ADDRESS ASST. Y TT RNEY November 1960 of Revised May 1986 Revised September 1992 OFF101kI BUD FT. OAK YEN. Bond#4347753 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we(1)TRENT BEDFORD INVESTMENTS. INC dha SKYLINE EXCAVATION as Principal heroin, and (2)SyreTec 1nsurancarQuWwy4 corporation organized under the laws of the State of (3) TpTp a�g , and who Is authorized to Issue surety bonds in the State of Texas, Surety heroin, are held and Srmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Denton Counties,Texas, Obligee herein,in the sum of: ONE HUNDRED TWENTY-SEVEN THOUSAND TWA HUNDRED SEVENTY AND Nnn nn (5137,270.001 Dollars for the payment of which sum we bind ourselves,our heirs,executors,admlydstrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal has entered into it certain contract with the Obligee dated the]qa of May,2005 a copy of which is attached hereto and made a part hereof,for the construction oP. !CA&VIR HEIGHTS EAST MODEL BLOCKS SIDEWALK IMPROVEMENTS NOW THEREFORE,the condition of this obligation is such,If the said Principle shall falthUy 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 Prtnclpal's defud% 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 witb the provisions of such statute,to the same extent as if It were copied at length herein. TN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this t Othof May,2005, ATTEST: TRENT BEDFORD IM"4TMEM, MC dba SKYLINE EXCAVATION (Principal)Secretary PRINCIPAL(4) BY: tle: T �!±v TN Wl/tu (SEAL) 3660 W.HIGHWAY 199 SPRYNGTOWN,TX 96082 (Address) SureTac Insurangg Company__ won as 314o 10- `° lir-w - VA-a- Sty Address BY: C.l) ATTEST: (Attorney-In-Let)(S) (Surety)Secretary 5000 Plaza on the Lake.Suite 290,Austin.TX 78746 (Address) (SEAL) NOTE: Dau of Bond must not be prior to date of Contract (1) Coned Name of Contractor (2) Cornett name of Surety (3) State of Incorporation of Surety Telephone number of surety must be atmed. µ In addition;an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. The date of bond shall not be prier to date of Contract. Witn s to Suruty i Falls,TX 76301 (Address) Bond #4347753 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,(1)TRENT RF.DFORA[NV>M.STMENTS.[NC.dha SKYLINE EXCAVATION.as Principal herein,and(2)�SureTec Insurance Company . a corporation organized and existing under the laws of the State of(3) Texa4 ,as surety,are held aced firmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of ONE HUNDRED TWENTY-SEVEN THOUSAND_TWO HUNDRED SEVENTY AND N0/100...........................— Dollars 15127.270.001 for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators,successors and assips,jointly and severally,firmly by these presents: WHEREAS,the Principal has entered into a certain written contract with the Obligee dated the 19tkday of Mly,2005.which contract is hereby referred to and made a put hereof as if belly and to the same extent as if copied at length,for the following project: CARVER HEIGFIT_S EAST MODEL$LOCKS STDEWAI,K IMPiiOVEMENTS NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION lS SUCH,tits[ if the said Principal shall faithfully snake payment to each and every claimant(aa defined in Chapter 2253,Texas Government Code,as amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2233 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 I=day of,ICY 2005. TRENT BEDFORDINVES MENT3, INC dba SKYLINE gXCAVATION PRINCIPAL ., ATTEST; By; Name. 11f.211 D¢plt0ld (Principal)Secretary Title: &,&-"-Ik+ (S A L) Address: 3660 W. HIGHWAY 199 MA SERINGTOWN.TX 76082 Witness aW to Principal SureTec Insurance Company - SURETY ( ATTEST: By:� � Name: Stacl Gross Secretary Attorney In Fact (S E A L) Address: 5000 Plaza on the Lake,Suite 290 Austin TX MAR Witness s Surety Telephone Number. (512)732-0099 m NOTE: (1) Correct name of Principal(Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-In-Fact. The date of bond shall not be prior to date of Contract, Bond #4347753 MAfNTENANCE BOND THE STATE OF TEXAS § COUNTY OF TAR.RANT That TRENT BEDFORD INVESTMENT& INC dba SKYLINE EXCAVATION (`Contractor), as principal, and-SureTec Insurance Company . a corporation organized under the laws of the State of TPYas , (`Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of ONE HUNDRED TWENTY-SEVEN THOUSAND TWO HUNDRED SEVENTY AND NOlt00..........................................................Dollars ($127270.00 , lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors,administrators, assigns and successors,jointly and severally. This obligation is conditioned, however,that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the nth of J Us ,2M, a copy of which is hereto attached and made a part hereof,for the performance of the following described public improvements: CARVER HEIGHTS EAST MODEL BLOCKS SIDEWALK IMPROVEMENTS the same being referred to herein and In said contract as the Work and being designated as project number(s) GR76-005206845900 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 8 counterparts, each of which shall be deemed an original,thisOSM day of My,A.D. 2001S. ATTEST: TRENT BEDFORD INV,FSTMENTS, INC dba t3KYLINE EXCAVATION u ( E A L) Contractor By: 7) Secretary Name: BeArk Title: PfQSi&I,&f ATTEST' SureTec Insluance Comnan; (S E A L) Surety Secre ary Name: Staci Gross Title: Attorney-in-Fact 5000 Plaza on the Lake,Suite 290 Austin,TX 78746 Address SureTec GENERAL POWER OF ATTORNEY dsow All Mens by nese PemeW4 That SURETEC INSURANCE COMPANY(the"Company'),a coaporation 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 Steven E.Burleson,Donal E.Boley,George S.Deal,Stud J.Gross of Wichita Fab,Texas its true and lawfW Attormay(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,recognizsnces,undertaltlugs or other Instruments or contracts of saretyshlp to Include waivers to the conditions of contracts and consents of surety,providing the bond penalty does not exceed Five Million Dollars and no/100($5,000,000.00)and to bind the Company thereby as fully and to the same extent es 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 aid Attorney(s)-in-Fact may do in the premisea. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Rero&ed, that the President, any Vkv—President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vented with full power and authority to appoint any one or more suitable parsons as Attorney(s)-in-Fact to represent and act far and on behalf of the Company subject to the following provisions. Attontey-br-Fact may be given full power and authority for and 1n the name of and of behalf of the Company,to execute, aclmowleedge and deliver.any and all bonds,recognizance,,conttucta, agreements or indemnity and other conditional or obligatory undeutaldage aid 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 cartiScate relating thereto by facsimile.and any power of attorney or certificate bearing facsimile signature or facsimile sed 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 20+of Apri1,1999.) Iso Wineess W "f, 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 Juno,A.D.2002. SURETEC INSURANCE COMPANY Corporate Seal ►c BY State of Testas * Jo 1.Jr., County of Harris to: Preatder t On this 11th day of June A.D. 2002 before we 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 be is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above iusaumenr that he knows the seal of said Company;that the seal affixed to said itratrumexit 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. ooneeaur.uasAss t ara...e;e. No ..+ y = wrw� Sepal asia�,,urM ane U.Ibanez,Notary My commission expires lune 11,2006 I,Michael P.Whisenant,Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above sod foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;OWfurthesn mv,the rosohttions of the Board of Directors,set out in the Power of Attorney are in full force and efect unet In Witness Whereof,I have hereto smy hand and affixed the seal of said Company at Houston,Testas this 10th day of May 20 n5_ A.D. Corporate Seal Wj157 Y Michad P.Whtsenaut, ' `� Mee President,Assistant Secretary SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake,Suite 290 Austin,TX 78746 You may contact the Texas Department of Insurance to obtain information on companies,coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#:512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002(the"Act"),this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U.S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company("Issuing Sureties"). The premium attributable to any bond coverage for"acts of terrorism"as defined in Section 102(1)of the Act is Zero Dollars($0.00). The United States will reimburse the Issuing Sureties for ninety percent(90°x)of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism,as is true for all coverages, is limited by the terms, conditions,exclusions,penalties, limits, other provisions of your bond and the underlying contract,any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for,and the surety thereon shall not be liable for,molds,Irving or dead fungi, bacteria,allergins,histamines,spores, hyphae,or mycotoxins,or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence,existence, or appearance. Rev 11.11.03 y Fib APPENDIX Standard Details Courtesy Notice Site Layout Drawing Typical Construction Layout—4' Standard Sidewalk Special Construction Layout—5' Combination Sidewalk 10' Parkway Sections Transitions from 4' to 5' Sidewalk Concrete Retaining Wall With Sidewalk Concrete Steps Driveway Approach Sidewalk Ramp Details P v,. n.• s t i; & 1�Q f ta'aJ'b". iu�r ;tl` y t'' ' ,'i 'rA' f a i tom, .. s4 � M, 1011 The City of Fort Worth's Department of Engineering advises the property owners or tenants that construction of sidewalks will take place within the next five (5) days in front of or adjacent to your property. If you have any questions regarding this notice, please call the City's contractor, at m Thank you for your cooperation in this matter. FoPTWOPTH r. r15WR EI Departamento de ingenieria de La Ciudad de Fort Worth quiere notificarle a los residences ylo propietarios de esta calle que se estaran instalando nuevas banquetas (aceras), en frente o al lado, Ow de su propiedad durante los proximos 5 (cinco) digs. Si tiene preguntas en relacion a este proyecto, favor de ilamar al contratista de la ciudad, al Gracias por su cooperacion. FoPTWOFTH ow 030 a O dWL) cv Q r Q — WYZ " Q ! ! a • A 03t- QW W a R R Ix A F IL p " M LLI I " A A N A I p 3 W Q F / I I F ! ■ F" A / d ?� R • � � A i " T O Q It ■ r�Fe .Q.. R A � " P a z ! ! n ! ! � • ~ P LL- it . ! p" % as P F ! / P !/ R • A A 0 ! _ a t " ■ c 0CK Ue O A " " a_ -t • x A F dQ R a Q A R F P • ! O ! ! fir* r _ r CARRUTHERS DR. P r - - ------- E IH 820 S FWY z 2 't �J o N JwN O 1� a. p O Z z c in a T0 1 h F- °� 3NIl _ _ D J..LZj3d02ld __ _ � v � _ r t 3 1 N N ti Z a D v O (n 1 o F— x b cr- ® 1 FW- ? W a z0 I x ® }' � � V) in U. I F z 0 J a Z a p I J O O Z K Z5 N O F- O 3 fJ w J. -i Q ¢ vl Q Z Z ti d J F-Z Z i m _O 4 O W a ¢X > f - OLn W R. 1 a Z Zwoa U - IL a v CL _ J : Z y0 ?- ( w � v¢m�z � F- FFF--- m oz ..OVW U1 Z U M I oma zW Z o v ' Fn y ¢ U FN-UIx= W Z Lu X Z X �QQWW U X 3 NIVMCIV3l W 0:2�'a J w I *1 o Q.wm.. () a (iVnsn) ,kVM>i8Vd V),o l Z F- :D a ' w a 1 � J z� Z Y Z z O 0 O IW-� z' _ Wir Oo R azQ z I 0 z XOO X 1 N N O w U V w 1 C3 Z OJD F- M on aOw z � .per 1 O �, Z •! M 0 N En - � ZF- a ' aw X W Xw v no 1 . I WIZ OIJ a� Nb .r O I z� � p w Nl 0) k a NZ z?a Q o � o F- 0 ob O� 3Nn _ _ _ )dOdOW w J a > Za O �! Y U I U OZ F- F- Q W 0 0 cn a o oZ. ZY O a O � � ? .5 o O a U0 oD ® ¢ Nopz Ul J Q zm z a QZQ¢��w LLJ j �- Lo U I ►� zz 0 (n LU � o O � a� I o ¢_OWN Z W = v � ( am L) W~ Z N U cr Z 3 O o� �Z� U a Y v Z F:3 V)V —� W Q W a WXZOCO Q Q >f1VMOV31 W w o 0 a� LJ U a D ! ' O Z N m (,lVnsn) AVMNadd I U J z E�-� o� _ U Oar- I Q N UY z E- XZ W ZO z W U v Lo M 0V Z Z OWN O dOW z ^ H x Z0 O W I Z O' w z za a ON w za aW au x x wv J I ch a } az 0 -1 d' a a = om O i w CL Q U 10' PARKWAY 1' 4' 5- E MISTING 'EXISTING GROUND. LINE 1/4" PER FT. (USUAL) TOP OF CURB MAX. SLOPE 1:1 z. FUTURE WALK LOCATION (IF CONSTRUCTED BY PROPERTY OWNER). PROPOSED GROUND UNE IN-CUT O m az O Q U 0� � a 10' PARKWAY 1' 4' 5' . l 1/4" PER FT. (USUAL) TOP OF CURB MAX. SLOPE 1:1 FUTURE WALK LOCATION (IF CONSTRUCTED BY PROPOSED GROUND UNE EXISTING GROUND UNE PROPERTY OWNER). rpk IN-FILL FoRT WoRni CITY OF FORT WORTH, TEXAS DATE: 00/2004 10' PARKWAY SECTIONS STR-024 o N AlYM301S ,4 N Q I NTdM301S ,S w � a i � w Q o x 3 Y. O m� Q OV 0 Z J Q O LLI I = o U') I d' LL. 3 Jawc~> O O W W w 0�3. Ln _� Z ^ _� O} N v~ido0® a V J Ix a O ". O w I z W rn g I Q� rn CL LL I NTdM301S .S Z F-: I NlbM301S ,tr Z Z O O wF- o CO F E— CL z �wv z Z �< mO� W I it F-- I MOO N E— .0 -i LLJ N� N m �0 p a� W ado Wpw p N W I I NaW �O� z W NIVM3GIS ,S m 4 W ow w"z NIVMMIS ,tr 1 z m w LO o O o co a 0 -XVVi Ol 'NIYV ,l „Ol J �. z J z z Q c Cl a W WqY WJo m0 Z Z a cn / �`a Z M o � in � op o 0 0 0 0 od�° o � �LLJ � boogo� goQ�o 0 Q0 0 0 00 o 0 0Qng \ Y p a o oog o00 0�S op000� 0 0°D0000�/� L` W = \� o F- F- ui W U Z O � U U w Q �,. Q a Z rn o W a 00 C-) 0 N ==s �v Sao � � y W I V1 Z = N v � �- Z � 0 0 t 10 0 o 0- F- c U 0 popui N o U) a a� �3 —I Q 3 a o Wj Q Z V1 �k0 N rn O d W � c a a } U U FCY- < d 0. 7 >- 0 O a (n U d cV O Z R 4'-0" 1'-0^ 14 6" WIDE CURB (STD. 4" SIDEWALK) LEAD- TREAD WALK FLAGGING I ENTRANCE J WALK Q o 3 #3 BARS I a w acMl I � J I FACE OF RISERS FLAGGING #3 BARS 1/2" EXPANSION JOINT 1/2' EXPANSION JOINT i ® 1'-3" 6" WIDE CURB PLAN VIEW R R 6" WIDE CURB, 1/2 EXPANSION BOTH SIDES JOINT 4'-0" 1'-0" VARIABLE PER FT ENTRANCE WALK (STD. 4" SIDEWALK) LEAD- 5" TO 7" (TYP) WALK 4., 14" •.s 1/2" EXPANSION TREAD JOINT 2" SAND 6.. 2 1/2" CUSHION - - - - - - - - - 6" 1'-01/2- RADIUS (TYP.) SECTION VIEW NOTES: 1 NUMBER OF RISERS VARIES TO MEET CONDITIONS ON GROUND. SLOPE TREAD 1/8" PER FT, FoRTWouti CITY OF FORT WORTH, TEXAS DATE: 09/2004 CONCRETE STEPS STR-044 NOTES. 1. DUMMY JOINT IN CENTER OF DRVWY RAMP IS OPTIONAL IN 11'-0" DRIVEWAY ONLY. 2. WHEN APPLICABLE, EXISTING CURB do GUTTER MUST BE SAW CUT, AS DIRECTED BY THE ENGINEER. 11'-0" FOR SINGLE OWY. 18'-0" FOR DOUBLE DWY. —PROVIDE EXPANSION JOINT— STANDARD AND SILICONE JOINT SEALER SIDEWALK ONLY IF CONNECTING TO REINFORCE 4' WALK EXISTING CONCRETE WITH 13 BARS A(SEE 18" O.C.B.W. (REF) TABLE 1) A R.O.W. UNE V_ 4'—O" REINFORCE 6" F � , DRIVE WITH ' ' ' p3 BARS ® 18" O.C.B.W. B (SEE TABLE 1) S HALF LENGTH PAID AS ATTACHED CURB STD. CURB J''P ' soya (CONC. PAVEMENT ONLY.) do GUTTER SEE I EXP. JOINT EXCEPT NOTE 1 ' SLIP—FORMED 6' EXP. JOINT A 18" OR MATCH —j EXCEPT 10'4* MIN. SINGLE OWY. AS DIRECTED SUP—FORMED 17'-0" MIN. DOUBLE DWY. BY ENGINEER „ 20'-0” MIN. SINGLE DWY. 27'-0' MIN. DOUBLE DWY. ELAN VIEW „ NOT TO SCALE PARKWAY WIDTH A B TAEE BLE 4'—O" SIDEWALK (SEE TABLE 1) 1'-3" 18' 1) SIDEWALK SLOPE LAYDOWN STANDARD 1/4' PER FOOT TO CURB SEE STD 2' FACE OF CURB, DRIVEWAY, CURB do p CURB do OR AS DIRECTED GUTTER PAY LIMIT � GUTTER 31 BY ENGINEER a DWGS. LT LL _ 2" SAND CUSHION OR SIDEWALK SECTION THRU DRIVEWAY TO BE APPROVED POURED SAME THICKNESS AS DRIVEWAY g SUBGRADE APPROACH & PAID FOR AS DRIVEWAY �. APPROACH. EXISTING SIDEWALK, IF ANY, m STABILIZED TO BE REMOVED AND REPLACED. x r SUBGRADE U U a m om TABLE 1 SECTION A-A DRIVEWAY PAY LIMIT W/CONC. PKWY. WIDTH DIM. A DIM. 8 NOT TO SCALE PAVEMENT 10' 1' 9' 11' TO 14' 2' TO 5' 9' 15' TO 19' 3' TO 7' 12' 20' TO 22' S TO 7' 15' FoRTWORTH CITY OF FORT WORTH, TEXAS DATE: 09/2004 DRIVEWAY APPROACH STR-015 t ATTENTION: CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58, 59 & 60. 'r- �' HAIR pw WH U RAMPS r 7 ANDARD --1 D TAI CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992, REDRAWN OCTOBER 2002 OW w W N ~ m O a-- Q � (� U i J O Q� 0 � 0a w V) vp mM U 3 Q z � D w o o O Y HUU ~ON � Q W ti- Z LLJ = e.� a > wLJ ~ Q = � � m 0 LLJ CL X 3 H wm o Q w ¢ F- z D3 X00 O � a :2 Y Qom JU) ao Wn- U q WCL W Q O � ~ M W .sz•r of .o m� cry, o ao c c (n H ean� w p W w0 W = (n ate. w0 2 IX U U �w O 3.� U) �0 Z C� �i J O NL) o � U ti Q O m li in J PFL C rw (n 0NQ z � WU w 2 o v U Q}-- � a J Q E� o U LO LLJ CL EEQOQ z U Q O U 6 z w F- J LL) J p o 3 m U) O 003 °DCL Q lnEn0U v ZO ZW pw Z W QW J � ON OD F- C) p A aU � a W e a g w U w O N wacn� �m Z� I � � J X z o E- u . UO z �i NQ Q W H m aD � � O U 3d F LLJ �m 00 LLJ W U cy- U (, O U r. pw EXISTING 15' R SCALE 1" = 5' SIDEWALK RAMP W/ COLORED SURFACE NOTES 1) SHALL BEN SUBISIDIARY SILICONE E UNIT PRICE BID FOR SIDEWALK. EXISTING CURB AND.GUTTER 2) THE ACTUAL LIMIT OF REMOVAL OF EXIST —ING CURB AND GUTTER AND SIDEWALK SHALL BE AS DIRECTED BY THE ENGINEER IN THE FIELD. 3) ECUEDEMAY BE NST LDONBOTH SIDS OF THE RAMP B" DEPENDING ON THE FIELD CONDITION OR AS DIRECTED BY THE ENGINEER. 4) CURB RAMPS WITH RETURNED .CURBS MAY BE 18" OR 24" USED WHERE PEDESTRIANS WOULD NOT NORMALLY WALK ACROSS THE RAMP. 5) SHALL BE OF A MAXIM MPOAFND AOR SIDEWALK SIDES SAWCUT FOR OF RAMP SHALL HAVE A MAXIMUM SLOPE OF CONCRETE 1:10, UNLESS PEDESTRIANS COULD WALK PAVEMENT ACROSS THE RAMP THEN THE MAXIMUM SLOPE SHALL BE 1:12. SODDING AS REQUIRED ACK OF n PROP. CURB MONOLITHIC SIDEWALK CURB �:4 fmoNOLITHIC FFIARED R (SEE NOTES) p MONOLITHIC CURB OR o 1p x FLARED -lb L SEE NOTES) pm FLARED SURFACE OR CURB SODDING Jr. AS REQUIRED Io* CK OF PROP. CURB Tip,, FACE OF PROP. 1" CURB O TOS)OH F C(iRB�I PAYLIMITMIT SAWCUT FOR HMAC PAVEMENT do G STANDARD PAY LIMIT DETAIL FoRTWoRTH CITY OF FORT WORTH., TEXAS DATE: 09/2004 ACCESSABILIlY RAMP - PAY LIMITS STR-032 EXISTING 15' R SCALE 1" = 5' SIDEWALK RAMP W/ COLORED SURFACE NOTES 1) EXPANSION JOINT AND SILICONE SEALING SHALL BE SUBSIDIARY TO UNIT PRICE BIO FOR SIDEWALK. EXISTING CURB AND GUTTER 2) THE ACTUAL LIMIT OF REMOVAL OF EXIST —ING CURB AND GUTTER AND SIDEWALK SHALL BE AS DIRECTED BY THE ENGINEER IN THE FIELD. 6" 18" OR 24' SAWCUT FOR CONCRETE PAVEMENT SODDING AS REQUIRED ACK OF PROP. CURB MONOLITHIC SIDEWALK CURB. GROOVE 164" WITH TOOLING GROOVE 164' WITH INTINc / TOOL SODDING AS REQUIRED EXPANSION JOINT do SILICONE SEALING ACK OF PROP. CURB FACE OF PROP. 7" CURB SAWCUT FOR HMAC PAVEMENT JOINT DETAIL FoRTWoRm CITY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABILITY RAMP - JOINT DETAIL STR-033 W a) PERPENDICULAR ROJO SIDEWALK CURB RAMP ORR FLARED SIDE PARALLEL PUBLIC SIDEWALK CURB RAMP to Level Larding lowalk Top of Ra dPubliceF Public COMBINED(P )PUBLIC SIDEWALK CURB RAMP Fig.59 Public SM@wwWk Curb Ramp I tw ORT WORT MY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABILITY RAMP - TYPICAL CROSS SECTION STR-034 ATTENTION: CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58, 59 & 60. 14.2.6 Vehicular Ways and Facilities N ....... . ...... NTM D u u i U ............... N ---------- (b) Perpendicular public sidewalk curb romp Perpendicular public sidewalk curb romp in public sidewalk with parkway in public sidewalk 0 I I I I f 1 -11 1 1 v -XIAD6Y (b) (c) Parallel public sidewalk curb romp Combination public sidewalk curb romp Perpendicular public sidewalk curb romp in public sidewalk in public sidewalk with Parkway at projected intersection Fig. 60 Public Sidewalk -Cirb Romps at Marked Crossings CITY OF FORT WORTH, TEXAS DATE: 09/2004 FoRTWORTH ACCESSABILITY RAMP - FIGURE 60 STR-035 L X RUNNING Y SLOPE RUNNING SLOPE 1:20 MAX 1:12 MAX COUNTER SLOPE 1:20 MAX WALK CURB RAMP STREET NOTE: (1) Slope = y/x where x is a level slope (2) Counter slope shall not exceed 1:20 Fig. B4.7.2 Measurement of Curb Ramp Slope s PLANTING OR OTHER NONWALKING SURFACE X FLARED SIDE .. 1 0 NOTE: If X < 48' (1220 mm) then the slope of the flared sides shall not exceed 1:12 (a) Flared Sides (b) Returned Curb- Fig. urbFig. B4.7.5 Sides of Curb Ramps 96 min t 915 1 10 Fig. B4.7.6 Built—up Curb Ramp OCTOBER, 1992, REDRAWN OCTOBER 2002 11MFORT WORTH CITY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABILITY RAMP - RAMP SLOPE DETAILS STR-036 ATTENTION; CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO .THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58, 59 & 60. Y- Pl 'CA AYOUTS CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992, REDRAWN OCTOBER 2002 s TYPE I EXISTING 15' R. SCALE 1" = 4' PROP. 4' RAMP WITH a -COLORED SURFACE r d z 0 E" d z w pw o 1:48 1:12 1:12 VARIABLE HEIGHT CURB 1 1/2 R. (TYP) ow CITY OF FORT WORTH, TEXAS DATE: 09/2004 F4RTWORT ACCESSABILITY RAMP — TYPE I (W/15' RADIUS) STR-037 TYP E I EXISTING 20' R. x SCALE 1" = 4' a PROP. 4' RAMP WITH z COLORED SURFACE 0 Q z w 0 U 1:48 1:12 VARIABLE HEIGHT CURB 1 1/2' R. (TYP) CITY OF FORT WORTH, TEXAS DATE: 09/2004 FORTWORT ACCESSABILITY RAMP - TYPE I (20' RAD.) STR-038 WASTING CURB do GUTTER TYPE III EXISTING .15' R. SCALE 1" = 4' e- ® SIDEWALK RAMP WITH COLORED SURFACE 1B' OR 24' ® BROOM FINISH SAWCUT FOR m"C MIT. HMAC TIE-IN g' SODDING AS REQUIRED BACK OF PROP. CB. 1:12 MONOLrMC CURB 1 1:36 .r f .. f f ��1:1E 1:48 SODDING 4— AS REQUIRED ^^ BACY OF PROP CURB FACE OF 7' CURB EXISTING CURB do GUTTER SAWCUT FOR CONCRETE PAVEMENT FORT WORTH CITY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABUTY RAMP - TYPE 111 (15' RADIUS) STR-039 I TYPE 111 EXISTING 20' 'R. EXISTING CURB SCALE " = 4' do GUTTER SIDEWALK RAMP WITH COLORED SURFACE 1'8" OR 24" ® BROOM FINISH SAFOR S uPVMOR HMAC TIE-IN 6" 9" SODDING AS REQUIRED BACK OF PROP. CB. 1:12 VARIABLE HEIGHT CURB 1:36 .r. 1:12 1:48 e EXISTING CURB do GUTTER SODDING AS REQUIRED BACK OF PROP CURB FACE OF 7" CURB SAWCUT FOR CONCRETE PAVEMENT ORT WORT CITY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABILITY RAMP - TYPE III (20' RADIUS) STR-040