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HomeMy WebLinkAboutContract 19582 CITY SECRETARY 9 CONTRACT NO _ 12 copy fore SPECIFICATIONS CITY SNC_ r ARV INGIN V,EKING DIV. AND .._ CONTRACTOR _. CONTRACTOR'S POiIDING CM CONTRACT DOCUMENTS FOR IT - VAT REP C �O3 AZ 0 • PR T N �25 UNIT II - ASSESSMENT PAVING OF MALONE STREET FROM IRION TO HALE PROJECT NO. 067-040257-00 UNIT III - ASSESSMENT PAVING OF HALE STREET FROM IRION AVENUE TO MOORE rr PROJECT NO. 057-04023200-00 IN THE CITY OF FORT WORTH, TEXAS FILE NO. K-1243 1992 KAY GRANGER BOB TERRELL MAYOR CITY MANAGER GARY L. SANTERRE, P.E., DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E. , DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY DEPARTMENT OF ENGINEERING EXHIBIT "A" • NOTICE TO BIDDERS Sealed proposals for" the following: FOR: UNIT I: 8" WATER REPLACEMENT IN HALE AVENUE AND MALONE STREET PROJECT NO. PW53-060530172520 UNIT II: ASSESSMENT PAVING OF MALONE STREET FROM IRION STREET TO HALE AVENUE PROJECT NO. 02067-040257-00 UNIT III: ASSESSMENT PAVING OF HALE STREET FROM IRION TO MOORE PROJECT NO. 067-04023200-00 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M. , Thursday, January 14, 1993 , and then publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract - Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of $20.00; such deposit will be refunded if the document is returned in good condition within ten (10) days after bids are opened. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20.00) per set. These documents contain additional information for prospective bidders. Bid security is required in accordance with Paragraph 1 of the Special Instructions to Bidders. The major items of work on the above project are: UNIT I: 875.0 L.F. 8" WATER PIPE 1040.0 L.F. 1" COPPER SERVICE UNIT II: 1625.0 C.Y. UNCLASSIFIED STREET EXCAVATION 250.0 C.Y. UNCLASSIFIED TRENCH EXCAVATION 48.0 TONS CEMENT 3290.0 S.Y. 6" REINFORCED CONCRETE PAVEMENT UNIT III: 1,050.0 C.Y. UNCLASSIFIED STREET EXCAVATION 2,420.0 S.Y. 6" REINFORCED CONCRETE PAVEMENT NOTICE TO BIDDERS (Cont. ) 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 bids are opened. The award of contract, if made, will be within forty-nine (49) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to 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 initialling the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non- responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. The City of Fort Worth has goals for the participation of disadvantaged business enterprises in City contracts. In order for a bid to be considered responsive, the compliance statement in Attachment "A" contained in the proposal must be completed; failure to do so shall result in the proposal being non-responsive. For additional street construction information contact Dena Johnson, at (817) 871-7866, and for water information call Jim Deeter at (817) 871-7803. BOB TERRELL ALICE CHURCH CITY MANAGER CITY SECRETARY Department of Engineering A. Douglas Rademaker, Director By:_/76,-,e Rick Trice, P.E. Manager, Engineering Services Advertising Dates: December 24, 1992 December 3 I , 1992 Fort Worth, Texas CITY OF FORT WORTH HIGHWAY CONgTRUCTION PREVAILING WAGE RATES FOR 1QQ2 CLASSIFICATION RATE CLASSIFICATION RATE ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- POWER FQUIPMEW. OPERATORS ASPHALT HEATER OPERATOR 510. 25 ASPHALT DISTRIBLTOR SR.40 ASPHALT RAKER 58..565 ASPHALT PAVTNG MACHINE SQ.053 ASPHALT SHOVELER $8.255 BROOM OR SWEEPER OPFRATOR S7.908 ` BATCHING PLANT WEIGHER 59.371 BLTLLDOZE.R. 150 HP OR LESS 58.703 BATTERBOARD SETTER $8.920 BULLDOZER, OVER 150 HP $9. 160 CARPENTER $9.447 CONCRETE PAVTNG CURING ;MACH $8.213 CARPENTER, HELPER $7.595 CONCRETE PAV FINISHING MACH SQ.453 CONCRETE FINISHER (PAV) 1Q.W; CONCRETE PAVING FORM GRADER $8.500 CONCRETE FINISHER HLPR ( PAV) $8. 146 CONCRETE PAVING IOINT MACH. 5Q.042 CONCRETE FINISHER (STRS) 59.058 CONCRETE. PACING JOINT SEALR $7. 350 CONCRETE FItiISHER HLPR ( STRS) S7.494 CONCRETE PAVING FLOAT $7.875 CONCRETE RUBBER $7. 733 CONCRETE PAVING SAW S9- 2Q0 ELECTRICIAN 512.761 CONCRETE PAVING SPREADER $9. 750 ELECTRICIAN HELPER $8.436 SLIPFORM MACHINE SQ.000 FLAGGER $5.598 CRANE,CLAMSHELL. BACKHOLF. FORM BUILDER ( STRS) $8.717 DERRICK. DRA(ILINF. SHOVET. FORM BUILDER HLPR (STRS) $7.550 ( LESS THAN 1 1/2 CY) $9.513 FORM LINER 58.913 CRANE.CLAMSHELL. BACKHOI.E. FORM SETTER (PAV & CURB) $8.686 DERRICK, DRAGLIV"E. SHOVEL FORM SETTER HLPR (PAV & CURB) 57.787 ( 1 1/2 CY & OVER ) 510. 517 FORM SETTER (STRUCTURES) $8.427 CRUSHING, OR SCRNG PLT OPR. $9.500 FORM SETTER HLPR (STRS) $7.356 FORM LOADER $12.000 LABORER. COMMON $6.402 FOUNDATION DRILL OPERATOR LABORER. UTILITY M461 (CRAWLER MOL'\TED) $10.000 MECHANIC' - $10.658 FOUNDATION DRILL OPFRATOR MECHANIC HELPER $8.3,45 (TRUCK \100N7ED) 511 . 138 OILER $8.698 FOUNDATION DRILL OPR HELPER $8.588 SERVICER $8. 1014 FRONT END LOADER PILEDRIVER 27.500 (2 1/2 CY OR LESS ) S8.823 PIPELAYER $8.509 FRONT END LOADER PIPELAYER HELPER $7.037 (OVER 2 1/2 CY) $9.311 BLASTER $11 .333 HOIST (DOUBLE DRF4 R LESS) $8.917 BLASTER HELPER $7.250 CITY OF FORT WORTH HIGHWAY r'ONSTRUCTION PREVAILING WAGE RATES FOR 1992 CLASSIFICATION RATE CLASSIFICATION BATF ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------ POWER EQUIPMENT OPERATORS POWER EQUIPMENT OPERATORS MILLING MACHINE OPERATOR $6.650 WAGON—DRILL. BORING KaCHf`vE $9.000 MIXER COVER 16 C.F. ► $9.000 RFINFORCING STEFL _-" TTFR MIXER 06 C.F. & LESS) $7.913 (PAVING) $9.218 MIXER— CONCRETE PAVING $9.500 REINFORCING STEEL SF17ER MOTOR GRADER OPERATOR (STRUCTURAL) $11 - ?.48 (FINE GRADE) $10.346 REINFORCING STEEL SETTER HLP $8.66`*, MOTOR GRADER OPERATOR $9.891 STEEL WORKER—STR1Y"TLJRAL $16. 300 PAVEMENT MARKING MACHINE S6.402 SIGN ERECTOR $11 . 436 POSTHOLE DRILLER OPERATOR $9.000 SIGN ERECTOR HELPER $6..402 ROLLER. STEEL WHEEL SPREADFR BOX OPFP?TOR $h . 099 ( PLANT—MIX PAVEMENTS) $8.339 BARRICADE SERVICER ?o)l�F WK. Sh..402 ROLLER. STEEL WHEEL MOUNTED STEN INSTALLER (FLATWHEEL OR TAMPING) 57.963 ( PERMANENT GRO)_ND) Sh..402 ROLLER. PNEUMATIC SELF— PROP $7.403 TRUCK DRIVFP—:?IN",LF AYLF. SCRAPER— 17 C.Y. & LESS $8. 138 ( LIGHT) $7.46 SCRAPER— OVER 17 C.Y. 58.205 TR('CK DRTVFR—SI'vrLF AXLF SIDE BOOM $7. 793 (HEAVY) 58.067 TRACTOR— CRAWLER TYPE TRUCK DRIVER—TANDEM AXLE ( 150 HP & LESS) $8.448 ( SEMI—TRAILER) $7.816 TRACTOR— CRAWLER TYPE TRUCK DRIVFR—Lo)WBOY/FLOAT $9.x6;3 (OVER 150 HP) $8.873 TRUCK DRIVER—TRANSIT `tIX $7. 507 TRACTOR —PNEU*LaTIC 57.735 TRUCK DRIVER—WINCE $8. 200 TRAVELING MIXER $7.615 VIBRATOR OPERATOR $7.000 TRENCHING MACHINE—LIGHT 58. 188 WELDER 510.459 TRENCHING MACHINE—HEAVY $12.298 WELDER HELPER $9.000 ..■+o, U.S. Department of Housing and Urban Development r Fort Worth Regional Office, Region VI 1600 Throckmorton �ql P.O. Box 2905 Fort Worth,Texas 76113-2905 Mr. Gene Rollins Housing and Human Services City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 Dear Mr. Rollins: Subject: HUD Project Number R-87-MC-48-0010 Street Reconstruction - Malone Street (Irion to Hale Hale Street (Malone to Irion) Fort Worth (Tarrant County) , TX Enclosed is wage decision number TX91-45/066 (general wage decision) , which currently includes three (3) modifications, and is applicable to construction of the project cited above. General Wage Decisions have no expiration date; however, they are subject to modification and/or supersedeas action by the U. S. Department of Labor. It is important that each wage decision be verified as current by calling this office at (817) 885-5828 ten (10) days prior to bid opening. Any supersedeas decision or modification announced in the Federal Register ten (10) days prior to bid opening will be applicable to the subject project. If the contract has not been awarded within ninety (90) days after bid opening, any modifications announced prior to award of that contract will be effective. The applicable wage decision, including modifications, must be made a part of the bid documents (if any) or invitations for proposals, and made a part of every subsequent contract and subcontract for construction work on the project. The wage rates contained therein shall be the minimum wage rates to be paid under such contracts by contractors and subcontractors on the job. The Federal Labor Standards Provisions (HUD-4010) must also be included in all contracts, subcontracts, and any lower-tier subcontracts. We are enclosing a HUD-4010 form for your use. It is the Prime Contractor's responsibility to ensure inclusion of wage rates and labor standards provisions in all subcontracts. The recipient must hold a preconstruction conference with the principal contractor and all available subcontractors prior to start of construction, at which time they shall be advised of their responsibilities and obligations regarding the Federal Labor Standards Provisions and the wage decision contained in the contract documents. A copy of the Preconstructi.on Minutes must be kept in the City's files. Enclosed is a poster which is required to be posted in a prominent place on the job site, readily accessible to the workers, along with a copy of the wage decision. 2 We are also enclos _ng a Start Work Notice form which you should complete and return as notification when construction begins on the project. DHUD, Labor Relations, 6SL 1600 Throckmorton PO Box 2905 Fort Worth, TX 76113-2905 If you need additional information, please feel free to contact our Labor Relations staff at (817) 885-5828. Sincerely, erias E Fe guson Labor Relations Officer Enclosures General Decision Number TX910045 /06to Superseded General Decision No. State: TEXAS Construction Type: Heavy Highway County(ies) : COLLIN GRAYSON ROCKWALL DALLAS JOHNSON TARRANT DENTON KAUFMAN WICHITA ELLIS PARKER HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES Modification Number Publication Date 1 03/08/1991 . 2 01/24/1992 3 04/17/1992 • TX910045 - 1 /I x FROM SETTER HELPER STRUCTURES 7.356 s LABORER—COMMON 6.402 LABORER—UTILITY 7.461 MANHOLE BUILDER 11. 000 MECHANIC 10.658 MECHANIC HELPER 8.345 OILER 8. 698 SERVICER 8. 104 PAINTER—STRUCTURES 10.913 PAINTER HELPER—STRUCTURES 8.000 PILEDRIVER 7.500 PILEDRIVER HELPER 7.000 PIPE LAYER 8.509 PIPE LAYER HELPER 7.037 BLASTER 11. 333 BLASTER HELPER 7.250 ASPHALT DISTRIBUTOR OPERATOR 8.404 ASPHALT PAVING MACHINE 9.053 BROOM OR SWEEPER OPERATOR 7.908 BULLDOZER, 150 HP & LESS 8.703 BULLDOZER, OVER 150 HP 9.160 CONCRETE PAVING CURING MACHINE 8.213 CONCRETE PAVING FINISHING MACHINE 9.453 CONCRETE PAVING FORM GRADER 8. 500 CONCRETE PAVING JOINT MACHINE 9.042 CONCRETE PAVING JOINT SEALER 7.350 T ) CONCRETE PAIVNG FLOAT 7.875 TX910045 — 3 TX 9� PAVEMENTS 8.339 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 7.963 ROLLER, PNEUMATIC, SELF-PROPELLED 7.403 SCRAPER-17 C.Y. & LESS 8. 138 SCRAPER-OVER 17 C.Y. 8.205 SIDE BOOM 7.793 TRACTOR-CRAWLER TYPE 150 HP & LESS 8.448 TRACTOR-CRAWLER TYPE OVER 150 HP 8.873 TRACTOR-PNEUMATIC 7.735 TRAVELING MIXER 7.615 TRENCHING MACHINE-LIGHT 8.188 TRENCHING MACHINE-HEAVY 12.498 POST HOLE DRILLER OPERATOR 9. 000 WAGON-DRILL, BORING MACHINE 9.000 REINFORCING STEEL SETTER PAVING 9.218 REINFORCING STEEL SETTER STRUCTURES 11.548 REINFORCING STEEL SETTER HELPER 8.665 STEEL WORKER-STRUCTURAL 12.860+3 . 440 SIGN ERECTOR 11.436 SIGN ERECTOR HELPER 6.402 SPREADER BOX OPERATOR 6.988 BARRICADE SERVICER ZONE WORK 6.402 MOUNTED SIGN ISNTALLER PERMANENT GROUND 6.402 TRUCK DRIVER-SINGLE AXLE LIGHT 7.465 TX910045 - 5 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: I. EXECUTIVE ORDER 11246. EQUAL OPPORTUNITY CLAUSE: SECTION 202 During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representatives of the Contractor' s commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and with the rules, regulations and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department of Housing and Urban Development ("the Department") and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. — 1 — 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 cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the sentence immediately preceding Paragraph a and the provisions of Paragraphs a through g in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Contractor becomes involved in or is threatened with litigation with a' subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter, into such litigation to protect the interest of the United States. h. The Contractor shall submit a certification and shall require each of its subcontractors to submit a certification that all facilities provided for employees of Contractor or any subcontractor shall be fully integrated, and Contractor shall not permit its employees to perform their services in any locations under its control where segregated facilities are maintained. 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 maybe pertinent to compliance with the Order and the rules and regulations promulgated pursuant thereto by the City. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purposes of the Order and the Act. 2. AFFIRMATIVE ACTION ACTS a. In performance of all contracts, the Contractor will comply with the Affirmative Action Guidelines of Executive Order 11246 and the implementing regulations and documents thereof. b. In performance of all contracts in the amount of $10,000 or more: Contractor will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, and the implementing regulations and documents and shall have on file a written affirmative action policy, which has the stated work force goals of 18.2% minority persons and 6.9% females, and must follow the hiring practices specified in Subsection C, below. Additionally , Contractor agrees to the following provisions: (1) The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the - 2 - Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment are given to lower income residents of the project area and contracts for work in connection with the project are awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or .recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development as set forth in 24 CFR 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient , its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant, loan agreement or contract through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135. c. In performance of all contracts in the amount of $50,000 or more, Aad where the Contractor employs more than twenty—five non—construction employees, the Contractor must promulgate a specific affirmative action plan, and must — 3 — take specific affirmative action to ensure equal employment opportunities. Contractor shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and are carrying out the Contractor's obligations to maintain such a working environment, with specific attention to minority and female individuals working at such sites or in such facilities. The Contractor, where possible, will assign two or more women to each construction project. (2) Establish and maintain a current list of minority and female recruitment sources and provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual . If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional act ions 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 obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. - 4 - (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, lay-off, termination or other employment decision, including specific review of these items with on-site supervisory personnel , such as superintendents and general foremen, prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the name and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (8) Disseminate the Contractor' s EEO policy externally by including highlights of it in any advertising in the news media, specifically including minority and female news media, and providing written notification to, and discussing the Contractor's EEO policy with, other contractors and subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after-school, summer and vacation employment to minority and female youths, both on the site and in other area of the Contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR, Part 60-3. (12) Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (13) Ensure that seniority practices, job classifications, work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non-segregated except as separate or single-user toilet and necessary changing facilities shall .be provided to assure privacy between the sexes. — 5 — (15) Document and maintain a record of all solicitations for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policy and affirmative action obligations. d. The Contractor shall designate a responsible official to monitor all employment-related activities to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the City and to keep records of the same. Records for each employee shall at least include: the employee's name; address; telephone number; construction trade; union' affiliation, if any; employee identification number where assigned; social security number; race; sex; status; dates of changes in status; hours worked per week in the indicated trade; rate of pay; and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractor shall not be required to maintain separate records. 3. COPELAND ANTI-KICKBACK ACT In any contract involving construction or repair, Contractor agrees to comply, and shall require its subcontractors to comply, with the provisions of the Copeland "Anti-Kickback Act" (18 U.S.C. 874), as supplemented in Department of Labor regulations (29 CFR Part 3). This Act provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitle; and, if found guilty of doing so, shall be fined not more than $5,000 or imprisoned not more than five (5) years, or both. 4. DAVIS-BACON ACT In any contract for construction in excess of $2,000: Contractor agrees to comply, and shall require its subcontractors to comply, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to a-7). This Act requires contractors to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor and to pay wages not less often than once a week. Specifically, Contractor agrees to comply with the following Department of Labor regulations (29 CFR Part 5): a. Minimum Wages All laborers and mechanics employed or working upon the site of the work performed pursuant to this contract will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act), the full amount of wages and bonafide fringe benefits (or cash equivalents thereof) due at the time of payment, computed at rates not less than those contained in the wage determination of said Secretary of Labor (which is attached hereto and - 6 - made a part hereof), regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bonafide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Paragraph d of this clause; also, regular contributions made or costs incurred for more than a weekly period under plans, funds or program which occur the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classifications of work actually performed without regard to skill , except as provided in the clause entitled "Apprentices and Trainees." Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications 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 therefor only when the following criteria have been met: (a) The work to be performed by the classification requested is not performed by a classification in the wage determination; (b) The classification is utilized in the area by the construction industry; and (c) The proposed wage rate, including any bonafide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification or their representatives and the City agree on the classification and wage rate, including the amount designated for fringe benefits, where appropriate, a report of the action taken shall be sent by the City to the Administrator of the Wage and Hour Division, Employment Standards Administration, United States Department of Labor. The Administrator, or an authorized representative, will approve, modify or disapprove every additional classification action within 30 days or receipt and so advise the City . or will notify the City within the 30-day period that additional time is necessary. - 7 - (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 Division, or an authorized representative, will issue a determination within 30 days of receipt and will so advise the City or will notify the City within the 30-day period that additional time is necessary. (4) The wage rates determined pursuant to the above provisions shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. c. Fringe Benefits Not Expressed as Hourly Wage Rates Whenever the minimum wage rate prescribed in this -Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay either bonafide fringe benefits or an hourly cash equivalent thereof. d. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or third person,he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract, provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor with respect to fringe benefits being provided by the Contractor must be submitted to the City with the first payroll. filed by the Contractor subsequent to receipt of the findings. e. Underpayments of Wages or Salaries The City shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this Contract or any other federal contract with the same prime Contractor, or any other federal ly-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the Contractor or any subcontractor, the full amount of wages required by this Contract. In the event of Contractor' s failure to properly pay any laborer or mechanic, including any apprentice, trainee or helper employed or working on the site — 8 — of the work, the City may, after written notice to the prime Contractor, take such action as may be necessary to cause a suspension of any further payment, advance or guarantee of funds until such violations have ceased. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the subcontractor, to their respective laborers or mechanics to whom the same is due or on their behalf to plans, funds or programs for any type of fringe benefit prescribed in applicable wage determination. f. Payrolls and Basic Payroll Records of Contractor and Subcontractors (1) Payrolls and basic records relating to the work performed under the terms of this Contract shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address and social security number of each such worker , his or her correct classification, hourly rate of wages paid (including rates of contributions or costs anticipated for bonafide fringe benefits or cash equivalents thereof), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing benefits under a plan or program described by the Davis—Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and the cost anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprenticeships and trainees, and the ratios and wage rates prescribed in the applicable program. (2) (a) The Contractor shall submit weekly a copy of all payrolls to the City if the City is a party to the Contract, but if the City is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the City. The payroll submitted shall set out accurately and completely all of the information required to be maintained under Paragraph (1) of this Section. The information shall be submitted in a form approved by the City. The Contractor is responsible for the submission or copies of payrolls by all subcontractors. (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; — 9 — (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 performed, as specified in the applicable wage determination incorporated into this Contract. (c) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Sec. 1001 of Title XVIII and Sec. 231 of Title XXXI of the United States Code. (3) The Contractor or subcontractor shall make the records required under Paragraph (1) of this section available for inspection, copying, or transcription by the City or the Department of Labor or their authorized representatives. The Contractor and subcontractors shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor .fails to submit the required records or to make them available, the City may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. g. Employment of Apprentices and Trainees (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bonafide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administratian, 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 — 10 — applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor' s or subcontractor ' s registered program shall be observed. Every apprentice must be paid at no less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a state apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be. permitted to utilize apprentices at less than the- applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee grogram. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for work performed until an acceptable program is approved. — 11 — (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. h. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, to be made from wages actually earned by persons so employed or to be employed in such classifications, in accordance with the provisions of this Contract, shall be posted at appropriate conspicuous points at the site of work. i. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to the classification of laborers and mechanics employed upon the work covered, by this Contract shall be promptly reported by the Contractor in writing to the City for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Contractor will comply with all provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as supplemented by Department of Labor Regulations (29 CFR, Part 5). Specifically, Contractor will comply with the following standards: a. Overtime Compensation No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 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 therefor shall be liable to any affected employee for his or her unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in Paragraph a of this section. — 12 — c. Withholding for Unpaid Wages and Liquidated Damages The City shall , upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the Contractor or subcontractor under any contract or any other Federal contract with the same Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in Paragraph b of this section. d. Subcontracts The Contractor shall insert in all subcontracts the clauses set forth in Paragraphs a, b, and c of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in this section. 6. CHILD LABOR ACT Contractor will comply with the Child Labor provisions of the Fair Labor Standards Act, 29 U.S.C. 212-319 and that Act's implementing regulations, found at 29 CFR 570. This Act prohibits the paid or unpaid employment of individuals under the age of 18 years on any construction project. 7. MISCELLANEOUS PROVISIONS a. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any compliant or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. b. Questions concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statue, shall be referred, through the City and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. - 13 - c. Provisions to be Included in Subcontracts The Contractor or subcontractor shall insert in any subcontract the above-specified clauses entitled "3. CQPEi AND ANTI_-KICKBACK ACT", 114. DAVIS-BACON ACT", "5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT", 16. CHILD LABOR CT", "7. MISCELLANEOUS PROVISIONS" and such other clauses as the City may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all the contract clauses cited above. d. Breach of Foregoing Federal Labor Standards Provisions In addition to the causes for termination of this Contract, as herein elsewhere set forth, the City reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of the foregoing Federal Labor Standards provisions. A breach of these Federal Labor Standards provisions may also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. e. Employment Practices The Contractor shall (1), to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) insert or cause to be inserted this provision in each construction subcontract. f. Contract Termination; Debarment A breach of any of the Acts or regulations specified in Paragraph c, above, may be grounds for termination of this Contract and for debarment as a Contractor and a subcontractor, as provided in 29 CFR 5.12. g. Disputes Concerning Labor Standards Disputes arising out of the Labor Standards provisions of this Contract shall not be subject to the General Disputes Clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR, Parts 5, 6 and 7. Disputes, within the meaning of this Clause, include disputes between the Contractor or any of its subcontractors; and the City, the U.S. Department of Labor, their employees or representatives. h. Certification of Eligibility (1) By entering into this Contract, the Contractor certified 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). - 14 - (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 compl 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 Department of Housing and Human Services 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 Department of Housing and Human Services, and Contractor understands the failure to do so may be cause for termination of this contract. 11. CERTIFICATION AND ACKNOWLEDGMENT I certify that I have read and understand the information regarding my obligations as a Contractor on a project funded by the United States Department - 15 - 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 Department of Housing and Human Services staff member who is assigned to monitor this Contract. WALT WILLIAMS CONST. INC. P. O. BOX 4620 FORT WORTH, TEXAS 76164 Contr ct r By, Title — 16 — U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 CFR 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the Contract whether they have participated in any previous contract or subcontract subject to the Equal Opportunity Clause; and, if so, whether they have filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder- shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes [✓r No ❑ (If answer is yes, identify the most recent contract.) f —67-API 9 3O 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes d No ❑ 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. Yes [vJ 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) rai; Signature Date _ . - 17 - 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 making 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 cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 6v. Signature Title / Date - 18 - 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 option 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: 9337111, — 19 — VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of- state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our princip l place of business or corporate offices are in the State of Texas. BIDDER: WALT WILLIAMS CONST. INC. P. O. BOX 4620 FORT WORTK TEXAS 76164 By ;-w/ r,-1 Company (please print) Signature: Title: City State Zip (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 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 bond, the name of the surety shall be included on the current U.S. Treasury list and the •• amount of the bond shall not exceed the amount shown on the U.S. Treasury list for that company. 2 . PAYMENT BOND AND PERFORMANCE BOND: 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 as well as 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 fur- nished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. ® In order for a surety to be acceptable to the City, the name of the surety shall be included on the current U.S. Treasury list (Circular 570) of acceptable sureties, and the amount of ® bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the contractor and �- surety company. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract to be awarded is less than $100,000, the performance and payment bonds are not required if the success- ful bidder states in its bid that payment is not due until the work is completed and is accepted by the City. Provided, .� however, that this paragraph does not affect the furnishing of SI-1 a maintenance bond, if same is required by the specifications. It is presumed that the successful bidder agrees to provide performance and payment bonds unless the bidder, on the bid proposal, states otherwise. .. 3 . LIQUIDATED 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, Texas, concerning liquidated damages for late completion of projects . 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: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas and set forth in Contract Documents for this project. _ 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 success- ful 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 - $250,000 each person, $500,000 each occur- rence; Property Damage - $300,000 each occurrence) . The City reserves the right to request any other insurance coverages as may be required by each individual project. 9 . 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 SI-2 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 ex- cludes a contractor whose ultimate parent company or majority owner has its principal place of busi- ness in this state. .. "Texas resident bidder" means a bidder whose prin- cipal place of business is in this state, and includes a contractor whose ultimate parent company -■ or majority owner has its principal place of busi- ness 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 specifi- cations . The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. DISADVANTAGED BUSINESS ENTERPRISES: The City of Fort Worth has goals for the participation of Disadvantaged Business Enter- prises (DBE) in City contracts . In order for a bid to be .� considered responsive, the compliance statement, Attachments "lA" , "1B" , and/or "1C" , contained in the proposal must be completed and submitted to the bid contracting officer no .. later than 5:00 p.m. , three (3) business days after the bid opening date. FAILURE TO DO SO SHALL RESULT IN THE PROPOSAL BEING NON-RESPONSIVE. " 11. 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 .formalities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date bids are opened. The award of contract, if made, will be within forty-nine (49) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. .. 12 . PAYMENT: The Contractor will receive full payment from the City for all work. SI-3 am If the amount of the contract to be awarded is $25,000 .00 or less, and the Contractor does not provide both a payment bond and a performance bond complying with the terms of Paragraph 2 above (SI-1) and Article 5160 of the Revised Civil Statutes of Texas, the contract amount shall be paid in one ( 1) lump sum upon the completion of the work and the acceptance of the work by the City. 13 . 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 Department of Engineering Construction Division at (817) 871-7910 . Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. 14 . CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insur- ance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. .. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcon- tractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the •. project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. ^' 15 . 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 . 16 . 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 persons because of their age except on the basis of a SI-4 bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees, or persons 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 Engineer's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17. 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 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 Contrac- tor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. r Revised December, 1992 r SI-5 �. CITY OF FORT WORTH DISADVANTAGED BUSINESS ENTERPRISE BID SPECIFICATIONS SECTION I : 1 . POLICY STATEMENT It is in the best interest of the City to promote the equitable utilization of DBE firms in city contracting in order to eradicate the lingering effects of past discrimination and to prevent the City' s own spending decisions from reinforcing and perpetuating the exclusionary effects of past discrimination; while at the same time maintaining a high quality of p* goods and services provided to the City through competitive bidding as required by law. Therefore, it is the policy of the City of Fort Worth to ensure the full and equitable participation by DBE firms in the provision of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBE firms which are capable of -providing goods and services directly or indirectly to the City. Upon request, the City will assist DBEs by providing them with information on bid specifications , compliance with procurement policy and fulfillment of general bid requirements. In addition, the City will provide information in job performance requirements, procurement opportunities and prerequisites for bidding in City contracts. The City will encourage joint ventures between DBEs, as well as between majority firms and DBE firms on City procurement activities. The City will use its best efforts to insure that DBEs are informed of current and future procurement activities through direct contact , coordination with assistance organizations and placing certified DBEs on the City ' s bid list . 2. DBE GOAL The City' s goal is 15% of the dollar value of contracts for DBEs . On City contracts of $25,000 or more bidders are required to meet the established minimum goal , or upon failure to meet the goal , - provide documentation of their "Good Faith Efforts" . If the contract amount is less than $25,000, the bidder is not. required to submit the DBE information packet . The DBE compliance documentation must be submitted to the Bid Contracting Officer/Buyer no later than 5:00 o'clock p.m. , three (3) business days after the bid opening date. FAILURE TO SUBMIT DBE DOCUMENTATION AS REQUIRED /PILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Unless otherwise specified in writing, only the first tier or subcontractors/suppliers paid directly by the prime will be counted toward meeting the City' s DBE goal . Rev. 11/13/90 3 . DEFINITION OF DBS For the purposes of this policy: 1 . "Disadvantaged Business Enterprise" is defined as a business concern currently doing business and/or located in the Fort Worth/Dallas metroplex meeting the following criteria: a. which is at least 51 percent owned by one or more socially and economically disadvantaged individuals , or in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more socially and economically disadvantaged individuals ; and b. whose management and daily business operations are con- trolled by one or more of the socially and economically disadvantaged individuals who own it ; and c. whose owners are citizens of the United States or lawfully admitted permanent residents. d. any person, firm, corporation, or partnership which has a current certification from the Small Business Administration under Section 8(a) of the Small Business Act . '2. "Socially Disadvantaged Individuals" means individuals who have been subject to racial or ethnic prejudice or cultural bias because of their identify as a member of a group without regard to their qualities as individuals or capabilities as a business . 3 . "Economically Disadvantaged Individuals" means socially disadvantaged individuals whose ability to compete in the free enterprise system is impaired due to diminished opportunities to obtain capital and credit as compared to others in the same line of business who are not socially disadvantaged. 4. For the purpose of this Policy, the City steal-1 require all individuals to submit a narrative explaining their economic and social disadvantage- ness with each certification and renewal application. Certification will not be considered without submission of this narrative. 5 . "Offeror" means any person, firm, corporation, or partnership which submits a bid or proposal to provide labor, goods or services to the City where City funds are expended. Rev. 11/13/90 3. CONTRACT SUPPLIED WITHOUT DBE PARTICIPATION A bidder that has failed to include DBE participation may be awarded the contract upon the City' s determination that the efforts the bidder made to meet the goal was "Good Faith and Honest Efforts". The City must determine that the bidder ' s efforts were those that, given all relevant circumstances, a bidder actively seeking to meet the goal would make. Sign the Comflliance Statement (Attachment 1A) . complete Attachment IC and provide any additional documentation that will substantiate your "Good Faith Efforts". Return all forms and information as required pursuant to paragraph 2 of Section 1 hereof. - SECTION III : DBE ASSISTANCE ORGANIZATIONS A list of DBE businesses that have been certified by the City of Fort Worth will be provided to you upon request . Additionally, if there are any questions regarding the interpretation of the City' s DBE Policy, please contact the City' s DBE Office at : City of Fort North DBE Office 1000 Throckmorton, Room 331 Fort Worth, Texas 76102 Phone: (817) 871-6104 The following agency may be able to provide assistance in identifying additional DBE firms to meet your goals : Small Business Development Office 2315 North Main Street , Suite 300 Fort Worth, Texas 76106 Phone: (817 ) 625-4331 Rev. 11/13/90 SECTION II : 1 . COMPLIANCE WITH THE CITY'S DBE PROGRAM The City will consider the bidders performance regarding its DBE participation in evaluation of bids. Failure to comply with the City' s DBE requirements or to demonstrate or document a "Good Faith Effort" , will result in a bid being considered non-responsive to specifications . The lowest responsive bidder meeting the DBE requirements and bid specifications will be awarded the bid. Bidders can comply with the program in one of three (3) ways . Find the one that applies to you and follow its instructions . 1 . ENTIRE CONTRACT SUPPLIED BY DBE If you are certified by the City of Fort Worth, the City' s DBE contract goal shall be deemed to have been met . You must then complete the Compliance Statement , Attachment 1A, and return it as required pursuant to Paragraph 2 of Section 1 hereof. If you are not certified by the City of Fort Worth, please contact the _City's DBE Office at (817) 871-6104 to obtain a Certification Form (Schedule A) , complete the Compliance Statement , Attachment 1A, and return it as required pursuant to Paragraph 2 of Section 1 hereof. 2. CONTRACT IS SUPPLIED WITH DBE PARTICIPATION If you will joint venture with a DBE, ' complete a Joint Venture Form (Schedule B) and Attachment 1B9 sign the Compliance Statement , Attachment IA, and return them as required Pursuant to Paragraph 2 of Section 1 hereof. If your DBE participation is in an amount that equals to or surpasses the City' s goal of 15% for DBE, complete Attachment 1A9 Attachment 1B and return theme as required Pursuant to Paragraph 2 of Section 1 hereof. If the DBE participation percentage is less than the City' s stated goal , you must complete Attachment 1C to show the "Good Faith Efforts" you made to meet the City' s goal . You should complete Attachment 1B to show the DBE participation you will have, sign the Compliance Statement (Attachment 1A) and return them as required pursuant to Paragraph 2 of y` Section- 1 hereof. Note: All DBEs must bg certified or in the Process of being certified by the City of Fort Worth at the time of bid opening. A DBE not already certified may contact the City' s DBE Office at (817 ) 871-6104 to obtain a Certification Form (Schedule A) . Rev. 11/13/90 Attachment IA DBE COMPLIANCE STATEMENT The undersigned bidder hereby certifies that they will comply with the DBE Policy in the following manner. (check 1 , 2, or 3) PLEASE READ INSTRUCTIONS: DBE GOAL, Section 1 . Paragraph 2. Pace 1 1 . ENTIRE CONTRACT SUPPLIED BY DBE (check certification status) Arm Certified by the City of Fort Worth In the process of being certified by the City of Fort Worth NOTE: FAILURE TO SUBMIT THIS INFORMATION WILL RESULT IN BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. 2. CONTRACT SUPPLIED WITH DBE PARTICIPATION If DBE participation meets or exceeds the City' s goal , complete Attachment 1B. If DBE participation is less than the City' s goal , you must complete Attachment 1B and Attachment 1C. 3 . CONTRACT SUPPLIED WITHOUT DBE PARTICIPATION Complete the "Good Faith Effort" Documentation Form, Attachment 1C WAIT WILLIAMS CONST. INC. p. O. BOX 4 FORT WORM T- 5 7.6164 thorized Signature Name of Company-- " f�,'re ./#fr. .�" �.►..� ig. J9a9s3 s Title Date The bidder further agrees to provide, directly to the City upon request , complete and accurate information regarding actual work performed by the DBE on the contract , the payment therefore and any proposed changes to the original DBE arrangements submitted with this bid/proposal . The bidder also agrees to allow an audit and/or examination of any books , records , and files held by their company that will substantiate the actual work performed by the DBE on this contract, by an authorized officer or employee of the City. Any material misrepresentation will be grounds for terminating the contract and for initiating action under Federal , State or Local laws concerning false statements. (ALL DBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD) Rev. 11/13/90 .W4 O .r AM V irk ++ fs. Y+ F : • e9 00 F U Ct O �. •� .r 3 o « o C �1 w 00 .0 z d m ` = o as F O < Ls. W C F Z w 0 0 o o a 3 4 3 p4.0 „ ON ..d e0 F .a D tt7 r .+ EW W C m O D � C e0 4 L00 3: 94 6�+. fs. 46 m d=Q Gs. O O O m c� cstEO-• � \ o � a• a a w as o EWc u °i .;a U � O V1 O !t hgo�. d Ca OOz e tOn F r +' GT7 ts; U C F '� Ls7 < •e+ 'C +� < a F d z zoo 4 o O U 4 +• •� to C « •w O v Z � � sd d` O �o u � � O m o V, m bo 3f 6 O 3a: 3. 0. zwz cn O a 0OO zwz 3 � aow s a O < ia�1 � F •- D arc z U F ar. Attachment 1C Project Name Page 1 of 4 �, �►-oG9-o�jtS'7-� �C9S7 r pjOz3Zca -� Project Number "GOOD FAITH EFFORT" DOCUMENTATION FORM If you have failed to secure DBE firms or if your DBE participation is less than the City' s goal , you must complete this form. FAILURE TO COMPLETE THE REQUIRED DBE PARTICIPATION FORMS IS GROUNDS FOR REJECTION OF THE BID. "SILL QUESTIONS ON THIS FORM MUST BE ANSWERED OR THE BID BILL BE CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS" 1 . Did you obtain a list of DBE firms from the City' s DBE Office? Yes No 2. Did you contact any of the organizations that are available to assist DBEs , to obtain a list of potential subcontractors/suppliers? If yes , list the agencies below. Yes No JW 3 . Please list each and every subcontracting/supplier opportunity which will be used in the completion of this project. a=gee If none, please explain in detail . 4. Did you send written notice to DBE firms soliciting their bids on this project? Yes No If yes, attach copy(s) . Rev. 11/13/90 Attachment IC Page t of 4 5. Did you solicit bids from DBE firms by telephone? Yes _✓ No If yes, list firms and the results of these efforts on page 3 of 1C. 6. If DBE firms were rejected on the basis of quotation being too high or qualifications , attach documentation to support quotation being too high and/or reasons for rejection based upon qualifications ; i .e. letters , memos of telephone calls, meeting, etc. 7. Did you solicit bids from DBE firms by Advertisement in the Newspaper? Yes No If yes, attach copy(s) of advertisement . 8. If you propose to perform the entire contract without subcontractors or suppliers , please provide a detailed explanation below that proves, based on the size and scope of the project , this is your normal business practice. 9. Please provide any additional information you feel will further explain your good faith efforts to solicit bids from DBEs on this project . The composition of your work force is not a consideration. Rev. 11/13/90 t7 yrr z F. V �a �I ti z Q a wi .. a < a d m a mbD C 0 SC v 99 6 On a 3 :� o a°'• a l� o. Ln C O •y rr as O Lta F h0 0. V •� a F s wv e � � C �1 t s b ors Gsl z z v _ O .a0.0 u •y Q 8 e < O 0. Ch Attachment IC Page 4 of 4 The undersigned certifies that the information provided and the DBE(s) listed was/were contacted in good faith. It is understood that the DBE(s) on the attached list will be contacted and the reasons for not using them will be verified by the City's DBE Office. The misrepresentation of facts is grounds for consideration of disqualification and may result in a bidder being classified as an irresponsible bidder and being barred from City of Fort Worth work for a period of not less than six months. A6Zorized Signature Title Contact Person Name and Title ( if different from authorized signature) Mal Company Name Ae, Address Phone Number(s) 1993 r, Date Rev. 11/13/90 Aim .� Walt Williams Construction , Inc . P . O . Box 4620 Fort Worth , Texas 76164 December 22 , 1992 Anderson Excavating 3909 Hwy . 157 Euless , Texas 76040 Attention : Mrs . Jackie Anderson We are soliciting bids to Certified and Approved M . B . E . and or W. B . E . enterprise companies who wish to quote us sub—prices on Reconstruction of Hale Avenue — from Irion Street to Moore Ave . and Malone Street — from Irion Street to Hale Avenue Bid Date : 01/07/93 1 : 30 PM . Fort Worth , Texas. Specifications and Contract Documents for this project may be obtained at the Office of the Transportation and Public Works Department , Municipal Office Building , 1000 Throckmorton Street, Fort Worth , Texas . All Subcontractors must have a copy of Certificate of Insurance and must be capable of having a Performance , Payment and Maintenance Bond . All Subcontractors will be required to comply with Provision 5159—A of "Vernon ' s Annotated Civil Statutes " of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No . 7278 , as amended by City Ordinance No . 7400 ( Fort Worth City Code Sections 13—A-21 through 13—A-29 ) , prohibiting discrimination in employment practices . All bids must be quoted "One Work Day Prior to Bid Opening" , no later than 5 : 00 P . M . ; otherwise bids will be rejected . We appreciate your interest in this project and look forward to working with you in the future . If you have any questions or comments , please call me at (817)-626-8281 , (817 )-626-0552 . Our Fax Number is (817)-626-0635 . Sincerely yours , John W . Stabile Vice President o � r Anderson Excavating Arens Construction 3909 Hwy . 157 100 E . Mason Euless , Texas 76040 N Fort Worth , Texas 76110 Mrs . Jackie Anderson Mr . John Arias Branch and Sons Cont. Co . Clemons Trucking 911 Cook Street (L 7934 S . Lancaster Road Midlothian , Texas 76065 FI` Dallas , Texas 75241 Mr . Joe Branch Mr . Luther Clemons Earl Hall Trucking Excavating Contractors , Inc . 2921 Prospect 117-1 Pitts Road Fort Worth , Texas 76106 N Richmond , Texas 77469 Mr . Earl Hall Mr . George S . Garza H . F. Construction Co . , Inc . Inca Contractors , Inc . P . O . Box 12227 4670 Ridge Point Drive Dallas , Texas 75225 Dallas , Texas 75211 Ms . Marie E . Watts Mr . Valentin Arreguin Ingram Excavation , Inc . JEB Contractors Route 6 , Box 1076 3115 N . Erie .� Cleburne , Texas 76031 Fort Worth , Texas 76112 Iln Mr . R . H . Ingram Mr . Joseph Breedlove .. Joe Hernandez Enterprise Larry G . Rambo Trucking y 7805 Wanebe 7470 Tiffany Meadow `1 Dallas , Texas 75235 ( Fort Worth , Texas 76140 1 Mr . Joe Hernandez Mr . Larry Rambo M . H . Marr Co . , Inc . Meadors Trucking 1 P . O . Box 79531 5116 Glenn Court Fort Worth , Texas 76179 Forest Hill , Texas 76140 Mr . M .H . Marr Mr . Robbie Meadors N . T. P . , Inc . ATCO Construction Co . 503 Park Street ��. P . O . Box 14508 (� Cleburne , Texas 76031 Fort Worth , Texas 76117 Mr . Nathan Johnson Mr . Daniel E . Saenz Roosevelt Burrell Co . , Inc . Sims Excavating & Wrecking 00 612 Grove Street 1200 E . Berry Street �r Fort Worth , Texas 76102 Fort Worth , Texas 76119 Mr . Earl Burrell Mr . Calvin Sims TCL Construction Co . Cowtown Traffic Control 351 W. Jefferson , Suite 703 4601 Horne Street C) Dallas , Texas 75208 Fort Worth , Texas 76107 Mr . T . C . Livingston Mr . Roosevelt Burrell H .J . G . Trucking Co . C . L . Ray Transportation , Inc . 701 Denair 18 Willow Bend Fort Worth , Texas 76111 I' Mansfield , Texas 76063 Ms . Sharon Fentress Ms . Sheryl Ray P R O P O S A L TO: MR. BOB TERRELL Fort Worth, Texas Y City Manager Fort Worth, Texas FOR: UNIT II: ASSESSMENT PAVING OF MALONE STREET FROM IRION STREET TO HALE AVENUE PROJECT NO. 02067-040257-00 r Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Engineering Department of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-Wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 Lump Sum Utility Adjustment @ Ten-Thousand Dollars & No Cents Per L.S. $10,000.00 $10,000.00 S.P. 2 2 Ea. Project Designation Sign @ 2MiP'nE .y'V.vy0&c-� Dollars & /6 $ti Cents Per Ea. $ .36b,- SL Amp - 103 3 1625.0 C.Y. Unclassified Street Excavation @ S.P. W Z Dollars & Cents Per C.Y. 104 4 530.0 S.F. Remove Existing Driveways Leadwalks and Steps @ .w Dollars & so _QVe w,o*vE Cents Per S.F. $ o.�s $ 397, 502 5 1700.0 L.F. Proposed 7" Attached Curb @ 77*" Dollars & .440 Cents Per L.F. $ ,2 00 $ P-1 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 214 6 3178.0 S.Y. 6" Cement Stabilized Subgrade @ Tsde Dollars & ,re44&iy7vi/PV-Cents Per S.Y. $ 2. �s $ B,'799. 's' 314 7 3290.0 S.Y. 6" Reinforced Concrete Pavement @ S.P. E/40Vraf-ew Dollars & ir,�r Cents Per S.Y. S /8 97 �r 504 8 940.0 S.F. Proposed Standard 6" Concrete Driveway @ I-OWP Dollars & Cents Per S.F. $ $ 3760.eo 516 9 2185.0 S.F. Propose 4" Concrete Sidewalk, Leadwalks and Wheelchair Ramp @ - and Steps @ 7*//A,Wr Dollars & neo Cents Per S.F. $ 518 10 840.0 S.F. Concrete Flume @ FoF,�P Dollars & Cents Per S.F. $ '¢ ` $ 3j?L0.� 212 11 290.0 L.F. Remove Existing Retaining Wall @ Dollars & Cents Per L.F. $ S oa $ ffi 212 12 48.0 Tons Cement @ i7Xrrs1ex Dollars & 040e Cents Per Ton $ AO. $ SP 518 13 250.0 C.Y. Propose Concrete Retaining Wall @ a.AW_iYsWAN"Oro Dollars & Cents Per C.Y. $ /VV. a�. $ 2S�[5�90. 510 14 180.0 L.F. Remove and Relocate Fence @ S.P. rnrQFr Dollars & low Cents Per L.F. $ $ S41,07 312 15 14.0 Tons Proposed H.M.A.C. Transition @ S.P. fEVF.vr>- Fives Dollars & Cents Per Ton $ 75. $ zaxo. ' P-2 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 116 16 475.0 S.Y. Top Soil @ 11ilrJ Dollars & ONS Cents Per. S.Y. $ mot $ 4 7S 402 17 290.0 C.Y. Unclassified Trench Excavation r„ S.P. and Backfill @ Dollars & �ro Cents Per C.Y. $ /. =7 $ 450 18 14.00 Ea. Water-Meter Box Adjustment @ Thirty-Five Dollars & No Cents Per Ea. $ 35.00 $ 490.00 450 19 4 Ea. Water-Valve Adjustment @ S.P. Two-Hundred Dollars & No Cents Per Ea. $s. 200.00 $ 800.00 450 20 1 Ea. Manhole-Adjustment @ S.P. Two-Hundred Fifty Dollars & No Cents Per Ea. $ 250.00 $ 250.00 450 21 1 Ea. Proposed 10' Inlet @ Tt�.b s-�wvr�v� Dollars & _ A� Cents Per Ea. $ Z,c�,_- $ tae . 450 22 1 Ea. Proposed Double 10' Inlet and Leadline @ R3wle 17KAWAV 40 Dollars & /l!a Cents Per Ea. $ I p 440 23 180.0 L.F.Proposed 30" R.C.C.P. @ d-1wlf rx Dollars & /w Cents Per L.F. $ gyp, orr $ I.-F, od 410 24 1 Ea. Proposed Headwall @ Ti� 7?Xzw_.JirAe6 Dollars & /VV Cents Per Ea. $ 3Roo�."-` $ 3 Xay.tz' 418 25 320.0 S.Y.Proposed 6" Concrete Rip-Rap @ ry s.#* Dollars & lew— Cents Per S.Y. $ - eo $ P-3 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 500 26 901.0 L.F.Proposed 6" Sub Drain @ S.P. Fid- Dollars & itro Cents Per L.F. $ .S, mo $ 506 27 140.0 L.F. Proposed Guard Rail @ -WA-,e V40, Dollars & m ibv Cents Per L.F. $ 525 28 146.0 L.F. Trench Safety System @ S.P. lov/o Dollars & 4419 Cents Per L.F. $ O. $ TOTAL UNIT II $ /824 yS3. 76 P-4 mw SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID UNIT III: ASSESSMENT PAVING OF HALE STREET FROM IRION AVENUE TO MOORE STREET PROJECT NO. 067-040232-00 S.P. 1 Lump Sum Utility Adjustment @ Five-Thousand Dollars & No. Cents Per L.S. $ 5,000.00 $ 5,000.00 -. S.P. 2 2 Ea. Project Designation Sign @ 7�Wlft.0r1eW,e" Dollars & Cents Per Ea. $ b.� $ o� 103 3 1050.0 C.Y. Unclassified Street Excavation @ S.P. Dollars & - Ti ivr�rF�y�Cents Per C.Y. $ dR 1S $ kC66Z 104 4 250.0 S.F. Remove Existing Concrete Driveway Walk etc. @ v iv+v Dollars & 7�ivrYFtvE Cents Per S.F. $ p,�s $ i87,`s' '■ 210 5 2500.00 S.Y. Cement Stabilization Subgrade @ isuo Dollars & 4@wx,7yfiyE Cents Per S.Y. $ 2. 6, 9 7S. 516 6 37.5 Ton Cement @ 212 Six?-Y 5-AX Dollars & 14040 Cents Per Ton $ „(, $ z-y 314 7 2420.0 S.Y. 6" Reinforced Concrete Pavement @ S.P. Dollars & , over7y iwwAf Cents Per S.Y. $ /.V. $ 4S, 9W7, 502 8 1500.00 L.F. Proposed 7" Attached Curb @ ?ttio Dollars & Cents Per L.F. $ z o+ $ ge! 'tr 504 9 2350.0 S.F. 6" Concrete Driveway @ 1000yole Dollars & 0050W Cents Per S.F. $ 4 a 944e9, =1D P-5 e SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 516 10 120.0 S.F. Proposed 4" Concrete Walk and Wheelchair Ramp @ 1JHt6TE Dollars & Cents Per S.F. $ 3.ar� $ .�Lm 518 11 26.5 C.Y. Concrete Retaining Wall @ �iy�Hvvet�D Dollars & tib Cents Per C.Y. $ /of�.°" $ 4dse'.I, r 116 12 85.0 S.Y. Top Soil @ Aow Dollars & ai BS av"O' Cents Per S.Y. $ go. — $ O• 510 13 350.0 L.F. Remove and Relocate Fence @ S.P. _Thwjp4 Dollars & /ro Cents Per L.F. $ $ 450 14 23.0 Ea. Water Meter Box Adjustment @ Thirty-Five Dollars & No Cents Per Ea. $ 35.00 $ 805.00 A S.P. 15 3 Ea. Water Valve Box Adjustment @ Two-Hundred Dollars & No Cents Per Ea. $ 200.00 600.00 TOTAL UNIT III $ 87. 573, - TOTAL UNIT II AND III $ 270,12 7, c f s P-6 D CITY OF FORT WORTH A 5 DEPARTMENT OF ENGINEERING ADDENDUM NO . 1 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR UNIT II ASSESSMENT PAVING OF MALONE STREET FROM IRION STREET TO HALE PROJECT NO. 067-040257-00 BIDS TO BE RECEIVED ON THURSDAY , JANUARY 14 , 1993 Bidder shall take note of the following addition to the Special Provisions for the above project : The following paragraph shall be added to the Special Provision of Unit II . QUALITY CONTROL TESTING : (a) The Contractor , at its own expense , shall furnish certifications by a private materials testing laboratory for all materials , including concrete design sixes , to be used on the project . (b) The City, at its own expense , may test materials, Including concrete, at the job site . Any retesting of materials required as a result of the failure of materials to meet the contract specifications will be at the Contractor ' s expense, and will be billed to the Contractor by the City at commercial rates as determined by the City. (c) During the concrete pouring phase, the Contractor shall furnish bean boxes for concrete testing by the City. The Contractor shall deliver the boxed concrete beaus to the City' s materials testing laboratory. The boxes will be returned to the Contractor at the City' s testing laboratory immediately after extraction of the concrete beans . Please acknowledge receipt of the Addendum on the bid proposal (P-7) and on the outside of the sealed envelope. $V: L Rick Trice, P.E. , Manager Engineering Services RECEIPT OF ACKNOWLEDGED: WALT WILLIAMS CONST. INC. P. O. BOX 4620 FORT WORTH. TE �36i64 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 _ (Fort Worth City Code Sections 13-A-21 through 13-A-29) ,prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within Forty-Five (45) Working Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of S% 1-1-e 60,E Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. I (we) , acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Resp �3rxmkmicaMT. INC. P. O. BOX 4620 RT WORTH, TEXAS 76164 B Address: (SEAL) Telephone C1;*/7,)—GLS Date: P-7 IF �'�L�'_ .N rim - OF FO I � CITY RT NORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 2 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR UNIT II ASSESSMENT PAVING OF MALONE STREET FROM IRION STREET TO HALE AVENUE PROJECT NO. 067-040257-00 BIDS TO BE RECEIVED ON THURSDAY, JANUARY 14, 1993 Bidders shall take note of the following changes and addition to the proposal and special provisions for the above project and these items and quantities shall be in the contractors bid price when submitted. ` 1. Pay Item No. 3 in the proposal Unit II shall read: 103 3 1125.0 C.Y. Unclassified Street Excavation @ S.P. A--OW.Or Dollars & rA4%vryAc1$ Cents Per C.Y. $ 2S $ 918/. 2. In the Special Provision Pay Item No. 3 the excavation for the retaining wall shall also be subsidiary to Pay Item No. 3 in Unit II and III. Please acknowledge receipt of the Addendum on the bid proposal (P-7) and on the outside of the sealed envelope. By• ` Rick Trice, P.E. Manager _ Engineering Services RECEIPT OF ACKNOWLEDGED: WALT WILLIAMS CONST. INC. P: O. BOX 4620 Fp T WORTH, TEXAS 76164 STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $ 73,fOcR cio ALL OTHER CHARGES: $ /96, '73 9.,V/ *TOTAL: $ 27o4Z27.o/ *This total must agree with the total figure shown in the Item and Quantity Sheets in the bound contract. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. NOTE: ONLY THE COPY OF THIS FORM IN THE BOUND CONTRACTS IS TO BE FILLED OUT. P-8 CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: UNIT II - ASSESSMENT PAVING OF MALONE STREET FROM IRION STREET TO HALE AVENUE PROJECT NO. 02067-040257-00 UNIT III - ASSESSMENT PAVING OF HALE AVENUE FROM IRION TO MOORS PROJECT NO. 067-040232-00 1. SCOPE OF WORK: The work covered by these plans and specifications consists of - construction of Malone Street from Irion to Hale Street with 6" reinforced concrete pavement over 6" cement stabilized subgrade. This work shall include all other miscellaneous items of construction to be performed as outlined in the plans and -- specifications' which are necessary to satisfactorily complete the work. AWARDING OF CONTRACT AND WORKING DAYS: A. BID ALTERNATIVES: The Proposal section of this document is designed as two separate proposals. A.1 UNIT I - 8" Water replacement in Hale Avenue and Malone Street - Project No. PW53-060530172520 A.2 UNIT II - Assessment Paving of Malone Street from Irion Avenue to Hale Project No. 067-040257-00 UNIT III - Assessment Paving of Hale Street from Irion Avenue to Moore Project No. 067-04023200-00 The proposal is arranged to allow the Contractor to bid on Street Reconstruction Unit II and III combined. The Contractor shall specify his proposal on Total Bid Price of Unit II and III on Page 6 (TPW) . B. SUBMISSION OF BIDS: The Proposal sections of the special contract document are arranged to allow the contractor to submit a bid on each individual - proposal. This document is designed as two separate contract documents and proposals and shall not be constructed as being a package. The total low bid of each proposal is the apparent successful bidder. If the contractor only submits a bid on one proposal and is the lowest proposed price total, the contractor will be the apparent successful bidder for this individual proposal. SP-1 RAR an C. The number of working days shall be as follows: UNIT I - WTR - 30 Working days UNIT II and III - TPW - 45 Working days 2. All utilities and right-of-way easements are expected to be clear on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities and right-of-way easements are clear. The Contractor shall not hold the City of Fort Worth responsible for delay in work order of this Contract. 3. Contract will be awarded to the lowest responsive bidder. 4. The Contractor agrees to complete the Contract within the allotted number of working 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 for Construction of the City of Fort Worth, Texas. 5. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is more than 1251 of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 1252 of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any Y major pay item of the contract is less than 75I of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75I of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item' in its entirety from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the SP-2 work plus 15I as described herein below, agreed upon in writing by the Contractor and Department of Engineering and approved by the City Council after said work is Aw completed, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by law or by ordinance. The Director of the Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15Z of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified: Upon request, the Contractor shall provide the Director of the Department of Engineering access to all accounts, bills and vouchers relating thereto. 6. The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. 7. This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION- CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION- NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 8. 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 Department of Engineering. 9. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one (1) year from date of final acceptance of this project by the City Council of the City of Fort Worth and will CWF SP-3 am be required to replace at his expense any part or all of the project which becomes defective due to these causes. 10. Construction stakes for line and grade will be provided by the City as outlined on P-17, Standard Specifications for Construction, City of Fort Worth. 11. 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 "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statutes, 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. Signs and Markings Division (phone number 871-8075) , 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 re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. 12. PAYMENT: The Contractor will receive full payment from the City for all work. In the event that the City of Fort Worth chooses to accept Added Alternative No. 1 or - Added Alternative No. 2 for the Contract, fifty percent (50%) of the "Additional Amount" shall be paid to the Contractor after 20Z of the construction has been completed. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused ® by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which SP-4 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 from all his obligations hereunder which shall remain in full force until the discharge of the contract. 14. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1" . 15. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. 16. 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 filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors 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 contractors 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 Transportation and Public Works, 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. 17. During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 18. All objectionable matter required to be removed within the right-of-way and not SP-5 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. 19. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 20. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 21. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 22. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING--UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES. " F (2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hood connections. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Co..) which will erect temporary mechanical barriers, de-energize the line, or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company, and shall record action taken in each case. (4) 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. SP-6 (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3) . 23. 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 described in the current Fort Worth Water Department General Specifications, which general specifications shall govern performance of all such work. 24. RIGHT TO AUDIT: " (a) 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 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 to all necessary Contractor facilities and conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the ® expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and 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. " CONSTRUCTION NON-PAY ITEM NO. 1 - 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 102, "Clearing and Grubbing" . However, no direct payment will be made for this item and it shall be considered incidental to this contract. LM NON-PAY ITEM NO. 2 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. SP-7 PAY ITEM NO. 1 (UNITS II AND III) - UTILITY ADJUSTMENT: This item is included for the basic purpose of establish a contract price which will be comparable to the final cost of making necessary adjustments required due to street 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 repaired 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 (10X) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. PAY ITEM NO. 2 (UNITS II AND III) - PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting, and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer, and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support, and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools, and incidentals necessary to complete the work. SP-8 The Contractor shall not hold the City of Fort Worth responsible for delay in work order of this contract. PAY ITEM NO. 3 (UNITS II AND III) UNCLASSIFIED STREET EXCAVATION: See Standard Specifications Item No. 106, "Unclassified Street Excavation: , for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included under this item. All objectionable material found within the limits of excavation shall be removed from the job site and disposed of in a manner satisfactory to the Engineer. Removal of such shall be subsidiary to this item unless otherwise provided herein. PAY ITEM NO. 7 (UNIT II AND III) PROPOSED 6" REINFORCED CONCRETE PAVEMENT: As subsidiary to this Pay Item, the contractor shall provide silicone joint sealing as specified below. CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) 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 2.2.10 "Joint Sealing" of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. 2. DESCRIPTION This specification for silicone joint sealing shall apply to, but shall not be limited to, all Portland Cement Concrete street pavement and curbs. 3. MATERIALS 3.1 The silicone joint sealant shall meet Federal Specifications TT-S-001543A for Class A sealants except as modified by the test requirements for the Class I, Class II and Class III silicone joint sealants of this specification. Before the installation of the joint sealants, the Contractor shall furnish the SP-9