HomeMy WebLinkAboutContract 26944 c&c 0#
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" D.O.E. FILE SPECIFICATIONS
CONTRACTOR'S BONDINGCO} AND CITY SECRETARY
�. tONTRACT DOCUMENTS CONTRACT NO. � ..
CONSTRUCTION'S COPY FOR
�- CLIE( OMMI NIMIUMPROVEMENT AT MARINE PARK NEAR NORTHSIDE MODEL
BLOCK AREA
s.
PROJECT NAME PROJECT NUMBER D.O.E. NO.
MARINE PARK GR76/541200/005206132840 3291
IN _
THE CITY OF FORT WORTH
TEXAS
.. KENNETH L. BARR GARY JACKSON
MAYOR CITY MANAGER
- RICHARD ZAVALA,DIRECTOR
PARKS AND COMMUNITY SERVICES
PARKS AND COMMUNITY SERVICES DEPARTMENT
PLANNING AND RESOURCE MANAGEMENT DIVISION
FUNDING OF PROJECT BY Wcll[ki RE'COOED
CITY OF FORT WORTH � ' � ��°�
I•
City of Fort Worth, Texas
"near And council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/19/01 **C-18632 80PLAY 1 of 3
SUBJECT AWARD OF CONTRACT TO ITEMS, ETC. FOR CONSTRUCTION OF PLAYGROUND
IMPROVEMENTS AT MARINE PARK
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Items,
Etc. for construction of playground improvements at Marine Park in the amount of$53,217.93.
DISCUSSION:
On June 30, 1995, the Near Northside Neighborhood Association received a Model Block award in the
amount of $1.2 million. Included in the Model Block revitalization strategy were neighborhood park
improvements at Marine Park.
On July 15, 1997 (M&C C-16182), the City Council approved the transfer of $51,198 in Community
Development Block Grant (CDBG) Year XV Local Urban Homestead funds and $23,802 from CDBG
Year XX Model Block funds totaling $75,000, to be used for playground improvements at Marine Park.
On October 17, 2000, Parks and Community Services Department staff met with the Near Northside
Model Block Community to receive public input for the proposed playground improvements. In
response to the inputs, staff prepared the playground design concept and upon review and approval by
the community in December 2000, construction documents were completed. The project is defined as
follows:
• Base Bid work will consist of site grading, installation of 60 linear feet of concrete walkway,
installation of a 2,811 square foot playground area and one bench;
• Bid Alternate No. 1 consists of the removal of existing benches and the installation of two new
benches on an existing concrete slab;
• Bid Alternate No. 2 consists of the installation of three benches on a slab;
• Bid Alternate No. 3 consists of the installation of a 24-inch wide turf sod band around the
proposed playground perimeter/bench and picnic station slab;
• Bid Alternate No. 4 consists of the removal of two existing picnic tables and the installation of two
new picnic tables;
• Bid Alternate.No. 5 consists of the installation of a handicap accessible picnic station.
.,' project was advertised for bid on March 8 and 15, 2001. On April 5, 2001, the following bids were
received:
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qwmq-x A-
City of Fort Worth, Texas
qV011jor and council communicalflon
DATE REFERENCE NUMBERLOG NAME PAGE
6/19/01 **C-18632 80PLAY 2 of 3
SUBJECT AWARD OF CONTRACT TO ITEMS, ETC. FOR CONSTRUCTION OF PLAYGROUND
IMPROVEMENTS AT MARINE PARK
Alternate Alternate Alternate Alternate Alternate
Bidder Base Bid No. 1 No. 2 No. 3 No. 4 No. 5
Items, Etc. $46,982.93 940.00 $1,275.00 595.00 $1,700.00 $1,725.00
Parks for Play $50,512.00 $ 984.00 $1,035.00 $1,500.00 $1,518.00 $1,719.00
G. C. Carter $55,512.90 $ 850.00 $1,122.00 $ 393.25 $1,205.20 $1,282.45
Construction
Company
B. T. Construction, $55,993.45 $1,190.00 $1,230.00 $ 980.00 $1.594.00 $1,630.00
Inc.
M. A. Vinson $61,528.25 $1,170.00 $2,550.00 $ 450.00 $1,680.00 $2,200.00
Construction, Inc.
Ed A. Wilson, Inc. $61,986.25 $4,000.00 $3,900.00 $1,500.00 $4,000.00 $1,800.00
It is recommended that the base bid of $46,982.93 and all bid alternates in the amount of $6,235.00,
together totaling $53,217.93 as submitted by Items, Etc. be approved for award of contract. The
contract time is 30 working days.
Items, Etc. is in compliance with the City's M/WBE Ordinance by committing to 17% M/WBE
participation on the base bid. The City's goal on this project is 12%.
This project budget shall be as follows:
• Construction Contract $53,217.93
• Construction Phase Contingencies
Parks and Community Services Administration (4%) $ 2,128.72
Department of Engineering Inspection (6%) $ 3,193.08
Change Orders (5%) $ 2.661.00
Total Construction Budget $61,200.73
The annual operating impact on the General Fund budget when the project is complete will amount to
$3,060.00.
Marine Park is located in COUNCIL DISTRICT 2.
City of Fort Worth, Texas
4velljoir and CouncilCommunication
DATE REFERENCE NUMBER LOG NAME TFA��
6/19/01 **C-18632 80PLAY 3 of 3
SUBJECT AWARD OF CONTRACT TO ITEMS, ETC. FOR CONSTRUCTION OF PLAYGROUND
IMPROVEMENTS AT MARINE PARK
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183 �OVE�/�N
Originating Department Head: MY
COUNCIL.
Richard Zavala 5704 (from) JUN 19 2001
GR76 541200 005206132340 $ 2,019.93
Additional Information Contact: GR76 541200 005206132840 $51,198.00
Milt SON*"of the
Mike Ficke 5746 City 0 TtA"Worth.Texas
FORTWORTH
MARCH 12, 2001
Addendum
to the
Project Manual
For
PLAYGROUND IMPROVEMENTS FOR
MARINE PARK-NEAR NORTHSIDE MODEL
BLOCK AREA
PROJECT NUMBER
GR76/541200/005206132840
1. Attached revised Notice to Bidders.
All Bidders please note the date change of the Pre-Bid conference. The correct
Date is Wed, March 21, 2001 at 10:00 A.M. in Conference Room G. Location
will remain at the Parks and Community Services Office.
Enclosed is also, a copy of the revised current wage rates for spec.book.
ry i 60y
t�.N THEY fJ
4 ar : N PARKS AND COMMUNITY SERVICES DEPARTMENT
THE CITY OF FORT WORTH * 4200 SOUTH FREEWAY, SUITE 2200 * FORT WORTH, TExAs 76115-1499
(817) 871-PARK * FAx (817) 871-5724
���Printed on recycled paper.
Page 1 of 2
GENERAL DECISION TX010046 03/02/2001 TX46
Date: March 2, 2001
General Decision Number TX010046
_ Superseded General Decision No. TX000046
State: TEXAS
Construction Type:
HEAVY
- County(ies) :
JOHNSON PARKER TARRANT
Heavy Construction Projects (Including Water and Sewer Lines)
= Modification Number Publication Date
0 03/02/2001
COUNTY(ies) :
JOHNSON PARKER TARRANT
PLUM0146B 05/01/2000
Rates Fringes
PLUMBERS/PIPEFITTERS 20.28 3.34
----------------------------------------------------------------
SUTX2047A 06/01/1990
_ Rates Fringes
CARPENTERS 10.40 $3.64
CONCRETE FINISHERS 9.81
ELECTRICIANS 13.26
_. FORM SETTERS 7.86
LABORERS:
Common 6.37 +
Utility 8.09
_ PAINTERS 10.89
PIPELAYERS 8.43
POWER EQUIPMNENT OPERATORS:
y, Backhoe 11.89 3.30
- Bulldozer 10.76
Crane 13.16 3.30
Front End Loader 10.54
Mechanic 10.93
Scraper 10.00
REINFORCING STEEL SETTERS 10.64
TRUCK DRIVERS 7.34
----------------------------------------------------------------
r
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
s award only as provided in the labor standards contract clauses
(29 CFR 5.5(a) (1) (v) ) .
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
3/7/01
Page:z of z
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
r" 1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional~classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3. ) should be followed,
- With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
- Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
z Washington, D. C. 20210
2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
a Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
- interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4 . ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
3/7/01
TABLE OF CONTENTS
_ 1. NOTICE TO BIDDERS
2. SPECIAL INSTRUCTIONS TO BIDDERS
3. PROPOSAL
4. CITY OF FORT WORTH MIWBE ENTERPRISE SPECIFICATIONS
5. FEDERAL WAGE RATES/CONTRACTOR'S PACKET
6. WEATHER TABLE
7. VENDOR COMPLIANCE TO STATE LAW
8. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION
9. TECHNICAL SPECIFICATIONS
DIVISION 1 -GENERAL REQUIREMENTS
SECTION 01010-Summary of Work
SECTION 01035-Contract Time
SECTION 01100-Alternatives
SECTION 01150-Payment To Contractor
SECTION 01300-Submittals
SECTION 01400-Quality Control
SECTION 01410-Testing
SECTION 01500-Temporary Facilities and Controls
SECTION 01640-Substitutions and Product Options
SECTION 01700-Project Closeout
SECTION 01800-Contractor's Responsibility for Damage Claims
DIVISION 2-SITE WORK
Section 02100-Site Preparation
Section 02140-Site Underdrains
Section 02200-Earthwork
Section 02537-Fibar Playground Surfacing
Section 02860-Playground Equipment
Section 02870-Site Furnishings
Section 02930-Seeding
Section 02940—Turf Sodding
DIVISION 3-CONCRETE
Section 03300-Cast-in-Place Concrete
DIVISION 7-THERMAL&MOISTURE PROTECTION
Section 07920-Caulking and Sealants
10. CERTIFICATE OF INSURANCE
11. BIDDER'S STATEMENT OF QUALIFICATIONS
12. PERFORMANCE BOND
13. PAYMENT BOND
14. MAINTENANCE BOND
15. CONTRACT
NOTICE TO BIDDERS
Sealed Proposals for the following:
PLAYGROUND IMPROVEMENT AT MARINE PARK NEAR NORTHSIDE MODEL
BLOCK AREA
PROJECT NO. GR76/541200/005206132840
Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be
received at the Purchasing Division Office until 1:30 p.m., Thurs., April 5, 2001 and then
publicly opened and read aloud at 2:00 p.m. in Council Chambers 2nd floor— N.E. corner
of City Hall. Plans, Specifications and Contract Documents for this project may be
obtained at the Park Planning section, Parks and Community Services Department,
4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499. Documents will be
provided to prospective bidders for a deposit of$50 per set; deposits shall be made in
the form of a check or money order. Each prospective bidder shall receive a deposit
refund on the first two plan sets if the documents are returned in good condition within
10 days after bids are opened. Any additional plan sets shall require a non-refundable
deposit. These documents contain additional information for prospective bidders.
All Bidders will be required to comply with Provision 5159a of'Vernon's Annotated Civil
Statutes" of the State of Texas with respect to the payment of the prevailing wage rates,
and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City
Code, Section 13-A-21 through 13-A-29) prohibiting discrimination in employment
practices.
In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No.
13471, the City of Fort Worth has goals for the participation of minority business
enterprises and women business enterprises in City contracts. A copy of the Ordinance
can be obtained from the M/WBE office or from the Office of the City Secretary.
In addition, the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM,
and/or the GOOD FAITH EFFORT FORM ("Documentation") must be received no later
than 5:00 P.M., five city business days after the bid opening date, exclusive of the bid
opening date. The bidder shall submit documentation at the reception area of the
Department of Engineering, 2"d floor, City Hall, and shall obtain a receipt. Such receipt
shall be evidence that the documentation was received by the City. Failure to comply
shall render the bid non-responsive.
The following list is provided to assist bidders in obtaining the services of M/WBE
vendors qualified to provide such services/materials for this project. A listing of qualified
M/WBE vendors may be obtained at the City of Fort Worth M/WBE office, 3rd floor City
Hall.
Services/materials for this project are as follows:
f'R
site prep concrete grading/earthwork
sodding steel rebar playground equipment
seeding site furnishings
The City's minimum M/WBE goal on this project is 12 % of the total dollar value of
this contract.
The City will award one contract with a combination of base bids and/or alternates
which is most advantageous to the City.
A pre-bid conference will be held with prospective bidders at the Parks and Community
Services Offices Conference Room 1 on-bu T March 21, 2001, at 10:00 a.m.
The City reserves the right to reject any or all bids and waive any or all formalities.
AWARD OF CONTRACT: No bid may be withdrawn until the expiration of 55 days from
the day bids are opened. The award of contract, if made, will be within 55 days after the
opening of bids, but in no case will the award be made until all necessary investigations
are made as to the responsibility of the bidder to.whom the contract will be awarded.
RICHARD ZAVALA, JR., DIRECTOR BOB TERRELL
PARKS AND COMMUNITY SERVICES DEPARTMENT CITY MANAGER
GLORIA PEARSON
CITY SECRETARY
By:
Rob Ro nguez, Lands pe rchitect
(817) 871-5734
Thursday, March 8, 2001
Thursday, March 15, 2001
SPECIAL INSTRUCTIONS TO BIDDERS
1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of
Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid
submitted must accompany the bid, and is subject to forfeit in the event the successful
bidder fails to execute the contract documents within ten days after the contract has been
awarded.
To be an acceptable surety on the bond, (1)the name of the surety shall be included on
the current U.S. Treasury, or(2) the surety must have capital and surplus equal to ten
times the limit of the bond. The surety must be licensed to do business in the state of
Texas. The amount of the bond shall not exceed the amount shown on the treasury list or
one-tenth the total capital and surplus.
2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be
tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the
application of such formulas or other methods of bringing items to a common basis as
may be established in the Contract Documents.
The total obtained by taking the sum of the products of unit prices quoted and the
estimated quantities plus any lump sum items and such other quoted amounts as may
enter into the cost of the completed project will be considered as the amount of the bid.
Until the award of the contract is made by the Owner, the right will be reserved to reject
any or all proposals and waive technicalities, to re-advertise for new proposals, or to
proceed with the work in any manner as maybe considered for the best interest of the
Owner.
The quantities of work and materials to be furnished as may be listed in the proposal
forms or other parts of the Contract Documents will be considered as approximate only
and will be used for the purpose of comparing bids on a uniform basis. Payment will be
made to the Contractor for only the actual quantities of work performed of materials
furnished in strict accordance with the Contract Documents and Plans. The quantities of
work to be performed and materials to be furnished may be increased or decreased as
hereinafter provided,without in any way invalidating the unit prices bid or any other
requirements of the Contract Documents.
3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract
Documents prior to the bid receipt. Information regarding the status of addenda may be
obtained by contacting Parks and Community Services Department telephone number
indicated in the Notice to Bidders. Bids that do not acknowledge all applicable addenda
may be rejected as non-responsive. (See Item G in the Proposal.)
4. AWARD OF CONTRACT: The Contract may not necessarily be awarded to the lowest
bidder of the Base Bid. The City Engineer shall evaluate and recommend to the City
Council the best bid based on the combined benefits of total bid price and number of
contract days allotted, as specified in the Proposal, and which is considered to be in the
best interest of the City.
SPECIAL INSTRUCTIONS TO BIDDERS
- I -
Regardless of the Alternative chosen, the Contractor agrees to complete the Contract
within the allotted number of days. If the Contractor fails to complete the work within
the number of days specified in the Construction Documents, liquidated damages shall be
charged as outlined in General Provisions, Item 8.6 Failure to Complete Work on Time,
found in the Standard Specifications for Street and Storm Drain Construction of the City
of Fort Worth, Texas.
5. PAYMENT,PERFORMANCE AND MAINTENANCE 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. The successful bidder shall be required to
furnish bonding as applicable in a sum equal to the amount of the contract awarded. The
form of the bond shall be as herein provided and the surety shall be acceptable to the
City. All bonds furnished hereunder shall meet the requirements of Chapter 2254 of the
Texas Government Code, as amended.
A. If the total contract price is $25,000 or less, payment to the contractor shall be
made in one lump sum. Payment shall not be made for a period of 45 calendar
days from the date the work has been completed and accepted by the City.
B. If the contract amount is in excess of$25,000, a Payment Bond shall be
executed, in the amount of the contract, solely for the protection of all claimants
supplying labor and material in the prosecution of the work.
C. If the contract amount is in excess of$100,000, a Performance Bond shall be
executed, in the amount of the contract conditioned on the faithful performance of
the work in accordance with the plans, specifications, and contract documents.
Said bond shall solely be for the protection of the City of Fort Worth.
Maintenance Bond shall be required for all Parks and Community Services Department
projects to insure the prompt, full and faithful performance of the general guarantee as set
forth in Division 1, Section 01700-Project Closeout, Item 1.02.
In order for a surety to be acceptable to the City, (1) the name of the surety shall be
included on the current U.S. Treasury List of Acceptable Sureties [Circular 870], or(2)
the surety must have capital and surplus equal to ten times the amount of the bond. The
surety must be licensed to business in the state of Texas. The amount of the bond shall
not exceed the amount shown on the Treasury list or 1/10th of the total capital and
surplus. If reinsurance is required, the company writing the reinsurance must be
authorized, accredited or trusted to do business in Texas.
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
6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General
Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain
Construction of the City of Fort Worth, Texas, concerning liquidated damages for late
completion of projects.
` SPECIAL INSTRUCTIONS TO BIDDERS
-2-
7 EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278
as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through
13-A-29)prohibiting discrimination in employment practices.
8 WAGE RATES: All bidders will be required to comply with provision 5159a of
"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. Disregard if Federal Wage Rates are applicable to
this project. If Federal Wage Rates are applicable to a project,the Contractor shall
comply with all items identified in the attached Contractor's Packet. For further
information regarding this packet, contact the Intergovernmental Affairs/Grants
Management Division, Finance Department at (817) 871-8365 Or 871-8387
9. FINANCIAL STATEMENT: A current certified financial statement may be required by
the Department of Engineering Director for use by the CITY OF FORT WORTH in
determining the successful bidder. This statement, if required, is to be prepared by an
independent Public Accountant holding a valid permit issued by an appropriate State
Licensing Agency.
10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor
must provide, along with executed contract documents and appropriate bonds,proof of
insurance for Workers Compensation and Comprehensive General Liability(Bodily
Injury) - $250,000 each person, $500,000 each occurrence; 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. For worker's compensation insurance
requirements, see Special Instructions to Bidders - Item 16.
11. NON-RESIDENT 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
non-resident's bid is lower than the lowest bid submitted by a responsible Texas resident
bidder by the same amount that a Texas resident bidder would be required to underbid a
non-resident bidder to obtain a comparable contract in the state in which the non-
resident's principal place of business is located.
"Non-resident bidder" means a bidder whose principal place of business is not in
this state,but excludes a contractor whose ultimate parent company of majority
owner has its principal place of business in this state.
"Texas resident bidder" means a bidder whose principal place of business is in this
state, and includes a contractor whose ultimate parent company or majority owner
has its principal place of business in this state.
This provision does not apply if this contract involved federal funds.
The appropriate blanks of the Proposal must be filled out by all non-resident bidders in
order for its bid to meet specifications. The failure of a non-resident contractor to do so
will automatically disqualify that bidder.
SPECIAL INSTRUCTIONS TO BIDDERS
-3-
12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort
Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort
Worth has goals for the participation of minority business enterprises and women
business enterprises in City contracts. You may obtain a copy of the Ordinance from the
Office of the City Secretary.
The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort
Form, as applicable, must be submitted no later than five(5) City business days after the
bid opening date, exclusive of the bid opening date. The bidder shall submit the
documentation at the reception area of the Department of Engineering("Managing
Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall
render your bid non-responsive.
Upon contract execution between the City of Fort Worth and the successful bidder, now
known as Contractor, a pre-construction meeting will be scheduled at which time the
: Contractor is required to submit either Letters of Intent or executed agreements with the
M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed
agreements shall include the following information:
1. Name of Contract
2. Name of M/WBE firm utilized
3. Scope of Work to be performed by the M/WBE firm
4. Monetary amount of work to be performed by the M/WBE firm
5. Signatures of all parties
A notice to proceed will not be issued until the signed letter(s) or executed
agreement(s) have been received.
Throughout the duration of this project, the City of Fort Worth is requiring that the
Contractor continue to adhere to the M/WBE Ordinance by complying with the following
procedures:
• A M/WBE Participation Report Form must be submitted monthly until the contract is
completed. The first report will be due 30 days after commencement of work. The
monthly report MUST have an original signature to ensure accountability for audit
purposes.
• Reports are to be submitted monthly to the M/WBE Office, regardless of whether or
not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a
particular month,place a"0" or"no participation" in the spaces provided, and provide
a brief explanation.
• The Contractor shall provide the M/WBE Office proof of payment to the M/WBE
subcontractors and suppliers only. The M/WBE Office will accept the following as
proof of payment:
1. Copies of submitted invoices with front and back copies of canceled check(s), OR
2. A notarized letter explaining, in detail:
SPECIAL INSTRUCTIONS TO BIDDERS
-4-
a Subcontractor/supplier Scope of Work
b. Date when services were received from subcontractor/supplier
c. Amounts paid to the subcontractor/supplier
d. Original signatures from both parties must be included on this letter.
• If the Contractor foresees a problem with submitting participation reports and/or
proof of payment on a monthly basis, the M/WBE Office should be notified.
If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere
to the following:
1. Immediately submit a Request for Approval of Change Form to the M/WBE
Office explaining the request for the change or deletion.
2. If the change affects the committed M/WBE participation goal, state clearly how
and why in documentation.
a. All requests for changes must be reviewed and pre-approved by the M/WBE
Office.
b. If the Contractor makes change(s)prior to approval,the change will not be
considered when performing a post compliance review on this project.
• Upon the Contractor's successful completion of this project, and within ten days after
receipt of final payment from the City of Fort Worth, The Contractor will provide the
M/WBE Office with a Final Participation Report Form to reflect the total
participation from ALL subcontractors/suppliers utilized on the project.
• All forms are available at the M/WBE Office, 3rd floor- City Hall. For additional
information regarding compliance to the M/WBE Ordinance, call (817) 871-6104.
Upon request, Contractor agrees to provide to Owner Complete and accurate information
regarding actual work performed by a Minority/Women Business Enterprise(M/WBE)
on the contract and payment therefore. Contractor further agrees to permit an audit and/or
examination of any books,records or files in its possession that will substantiate the
actual work performed by an M/WBE. The misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Contractor will be
grounds for termination of the contract and/or initiating action under appropriate federal,
state or local laws or ordinances relating to false statements; further, any such
misrepresentation(other than a negligent misrepresentation) and/or commission of fraud
will result on the Contractor being determined to be irresponsible and barred from
participating in City work for a period of time of not less than three years.
13. PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to
the Contractor's operations including lawns, yards, shrubs, trees, etc., shall be preserved
or restored, after completion of the work, to a condition equal or better than existed prior
to start of work.
By ordinance, the Contractor must obtain a permit from the City Forester before any
work(trimming, removal, or root pruning) can be done on trees or shrubs growing on
public property including street Rights-Of-Way and designated alleys. This permit can
SPECIAL INSTRUCTIONS TO BIDDERS
-5-
be obtained by calling the Forestry Office at 871-5738. All tree work shall be in
compliance with pruning standards for Class II Pruning as described by the National
Arborist Association. A copy of these standards can be provided by calling the above
number. Any damage to public trees due to negligence by the Contractor shall be
assessed using the current formula for Shade Tree Evaluation as defined by the
International Society of Arboriculture. Payment for negligent damage to public trees
shall be made to the City of Fort Worth and may be withheld from funds due the
Contractor by the City.
To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees
shall be immediately sealed using a commercial pruning paint. This is the only instance
when pruning paint is recommended.
14. BIDDER'S STATEMENT OF QUALIFICATIONS
A. QUALIFICATION OF BIDDERS: Bidders shall be prepared to demonstrate the
capability to perform the work.
The Bidders' specific experience, stability and history of performance on projects of a
similar nature and scope will be considered. The BIDDERS STATEMENT OF
QUALIFICATIONS must be delivered to the Project Manager within 48 hours of the
request.
Location and responsive ability of the firm will be considered.
If your firm anticipates entering into a joint venture with any other firm to conduct all
or part of the performance required under the proposed project,that firm should be
specified in your response. For each firm included in the joint venture, please provide
the information required above. Under the Contract executed for this work the City
will require your firm to be completely 100 percent responsible for fulfilling all
aspects of the contract bonds. Other firms and employees that may be involved in
their joint venture will be treated by the City under the contract as if they were
employees or subcontractors of your firm. Other than those firms noted in the
contract as a part of the joint venture, no other firms will be allowed to participate in
the joint venture without written consent from the City.
15. OZONE ALERT DAYS: The Contractor shall be required to observe the following
guidelines relating to working on City construction sites on days designated as "OZONE
{ ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from
May through September,with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods
each day.
The Texas Natural Resource Conservation Commission (TNRCC) in coordination with
the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon
prior to the alert day. On designated Ozone Alert Days, the Contractor shall bear the
responsibility of being aware that such days have been designated Ozone Alert Days and
as such shall not begin work until 10:00 a.m. whenever construction phasing requires
substantial use of motorized equipment. However,the Contractor may begin work earlier
if such work minimizes the use of motorized equipment prior to 10:00 a.m.
SPECIAL INSTRUCTIONS TO BIDDERS
-6-
If the Contractor is unable to perform continuous work for a period of at least seven hours
between the hours of 7:00 a.m. - 6:00 p.m., on a designated Ozone Alert Day, that day
will be considered as a weather day and added onto the allowable weather days of a given
month.
16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance
with Workers Compensation shall be as follows:
A. Definitions:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity employees
providing services on a project, for the duration of the project.
Duration of the project- includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project("subcontractor" in ❑ 406.096)-includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person has
employees. This includes, without limitation,independent contractors,
subcontractors, leasing companies,motor carriers, owner-operators, employees of any
such entity, or employees of any entity which furnishes persons to provide services on
the project. "Services" include,without limitation,providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage,based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements,which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must,prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
_ E. The contractor shall obtain from each person providing services on a project, and
provide to the City:
(1) a certificate of coverage,prior to that person beginning work on the project, so
the City will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
SPECIAL INSTRUCTIONS TO BIDDERS
-7-
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within ten days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) provide coverage, based on proper reporting on classification codes and payroll
- amounts and filing of any coverage agreements,which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor,prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the contractor,prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person or entity with whom it contracts, and provide to
the contractor:
(a) a certificate of coverage,prior to the other person or entity beginning work
on the project; and
(b) a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter.
(6) notify the governmental entity in writing by certified mail or personal delivery,
within ten days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
SPECIAL INSTRUCTIONS TO BIDDERS
-8-
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false of misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the City to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
City.
"The contractor shall post a notice on each project site informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Texas Workers'
Compensation Act or other Texas Workers' Compensation commission rules. This
notice must be printed with a title in at least 30 point bold type and text in at least 19
point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following
text,without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related
to this construction project must be covered by workers'compensation insurance.
This includes persons providing,hauling, or delivering equipment or materials, or
providing labor or transportation or other service related to the project,regardless of
the identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer
has provided the required coverage, or to report an employer's failure to provide
coverage."
END OF SECTION
SPECIAL INSTRUCTIONS TO BIDDERS
-9-
PROPOSAL
�O: MR. BOB TERRELL
City Manager
Fort Worth,Texas
OR: CONSTRUCTION AND INSTALLATION OF PLAYGROUND IMPROVEMENTS FOR:
MARINE PARK NEAR NORTSIDE MODEL BLOCK AREA
PROJECT NO.GR76/541200/005206132840
'ursuant to the foregoing"Notice to Bidders," the undersigned has thoroughly examined the plans, specifications, and the
1te,understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor,equipment,
id materials necessary to fully complete all the work as provided in the plans and specifications,and subject to the
nspection and approval of the Parks and Community Service.Department Director of the City of Fort Worth.
he."approximate quantity" category is for information purposes only. The Contractor shall be paid on the basis of actual
nstalled quantities on non lump sum items. Additionally,the Contractor shall be aware that the Proposal contains both
lump Sum and Unit Price items.
f the lowest bid received exceeds the funds budgeted for the project,the City reserves the right to decrease the quantities
w)ntained in any line item or to eliminate any specific line items before award of the contract in order to bring the work,
ithin budget. By submitting a bid,the bidder acknowledges the City's right to adjust or eliminate line items prior to the
ward of contract. Further,by submitting a bid,the bidder agrees to honor each line item bid price without recourse to the
city in the event line items are adjusted or eliminated.
Jpon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish,if applicable,
trformance, Payment, and Maintenance Bonds approved by the City of Fort Worth for performing and completing the
tid work within the time stated and for the following sums,to-wit:
BASE BID
AY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
,EM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID
do
1. LS Excavation/Grading @ $ LS
ft{TH�2cfNun fRi{f'4 Dollars&
-0 - Cents per LS
2. 61 LF 6' Wide Concrete Walk @
Dollars &
T 0 / Cents per LF $ 4-
3. 90 SF Saw cut and Renlace 5" Concrete Walk @
• GINS Dollars &
Cents per SF
PROPOSAL
-1-
PROPOSAL
"40: MR. BOB TERRELL
City Manager
Fort Worth,Texas
OR: CONSTRUCTION AND INSTALLATION OF PLAYGROUND IMPROVEMENTS FOR:
MARINE PARK NEAR NORTSIDE MODEL BLOCK AREA
PROJECT NO.GR76/541200/005206132840
Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications,and the
,'e,understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment,
Yd materials necessary to fully complete all the work as provided in the plans and specifications,and subject to the
inspection and approval of the Parks and Community Service.Department Director of the City of Fort Worth.
1he "approximate quantity" category is for information purposes only. The Contractor shall be paid on the basis of actual
installed quantities on non lump sum items. Additionally, the Contractor shall be aware that the Proposal contains both
drmp Sum and Unit Price items.
If the lowest bid received exceeds the funds budgeted for the project,the City reserves the right to decrease the quantities
0%)ntained in any line item or to eliminate any specific line items before award of the contract in order to bring the work .
ithin budget. By submitting a bid,the bidder acknowledges the City's right to adjust or eliminate line items prior to the
award of contract. Further,by submitting a bid, the bidder agrees to honor each line item bid price without recourse to the
dAity in the event line items are adjusted or eliminated.
Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish, if applicable,
dkrformance, Payment,and Maintenance Bonds approved by the City of Fort Worth for performing and completing the
tid work within the time stated and for the following sums,to-wit:
BASE BID
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
MEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID
00
1. LS Excavation/Grading @ $ LS $
? 7Nf N� !f��fti Dollars &
o - Cents per LS
61 LF 6' Wide Concrete Walk @
-t&) &Ve Dollars &
d Cents per LF $ 2700 $
3. 90 SF Saw cut and Renlace 5"Concrete Walk @
Dollars& / dD
Cents per SF $ r $ 2�
PROPOSAL
-1 -
ilY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
TEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID
4. 1 EA. C5"HC Accessible Ramp
41X1-,NO2,,P i�rtDollars& 00
- - Cents per EA $ 62j�- $ (O ZS
Vf-
225 LF 1 I'S Concrete Mow Stri @
4,,), Dollars&
p Cents per LS $ LS $ sa
b. 70 SF 5"Thick Concrete Bench Pad @
60,L Dollars& Z
-Jjj�- 7wo Cents per SF $ 43 $
`v. 2811 SF 9" Compacted Fibar System 200 w/Wear Mats,
Sub-drainage System na,
)y Dollars&
k,ents per SF $ 2.2� $ �2
8. LS Install Pre-Fab. Concrete Catch Basin @
.► -}N VtDollars& 3312
-6 - Cents per LS $ LS $
LS Specified Swing Installed @
Dollars&
Cents per LS $ LS $ ZD
10. LS Specified Play Structure Installed @
Dollars&
-b _ Cents per LS $ LS $ 24 4sa -
-11. 1 EA- Installation of/Specified Bench @
l�ya�,tn�7jlny,l}-,. Dollars& 00�
_ Cents per EA $ 49 $ 4-0,-
�2. 1 EA. tallattD'.&jYAkT)nllar& �lZq
f Project Sign @
d0 Ao- Cents per EA $ $ 407
BASE BID TOTAL $ `tai Z Q3
13A. 1 `2 EA. Remove/Haul off Existing Benches/Install new
enches @ C
u& {�wa,9nrrr y Dollars &Cents per EA $ 4-1 .1D� $ R7�
PROPOSAL
-2-
Y APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID
cn-
BA. 2 3 EA. Bench Installation @
(y&d44/y1.ot f wf,).r fyLDollars&
-gyp - Cents per EA $ 2S $
BA. 3 LS 24"Wide Sod Band around Concrete Mow
Strip/Bench/Table Pads @
Wy Dollar& do
O — Cents per LS $ LS $ �9J
A.4 2 EA. Remove Existing Picnic Tables/Install new
pecified Tables @
Dollar&
o �o
-�.. Cents per EA $ 850.no
BA. 5 1 EA. Install new HC Picnic Table/Concrete Slab as
Specified @ 0df
rwAsi y Dollar& cry J e0
d - Cents per EA $
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.
�. The Contractor performing this contract may purchase,rent or lease all materials,supplies,equipment used or consumed in
the performance of the contract by issuing to his supplier an exemption certificate in lieu of the tax,said exemption
certificate complying with State Comptroller's ruling tax,said exemption certificate complying with State Comptroller's
ruling#95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the
provisions of the State Comptroller's ruling#95.09 as amended to be effective October 2, 1968.
The undersigned assures that its employees and applicants for employment and those of any labor organization,subcontractor
or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against
as prohibited by the terms of City Ordinance 7278,as amended by City ordinance 7400(Fort Worth City Code Sections 13-A-
21 through 13-A-29),prohibiting discrimination in employment practices.
The undersigned agrees to complete all work covered by these contract documents within Thirty(30)Working Days after
the date for commencing work as set forth in the Notice to Proceed to be issued by the Owner and to pay not less than the
City of Fort Worth Building and Construction Trades Prevailing Wage Rates For 2000.
Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will
delivera p iicable Surety Bonds for the faithful performance of this contract. The attached deposit check in the sum of$
fq11- - DIars($__j is to become the property of the City of Fort Worth,Texas,or the attached Bidder's Bond is to be
forfeited in the event the contract and applicable bonds are not executed within the time set forth,as liquidated damages for
delay and additional work caused thereby.
a PROPOSAL
-3-
In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most
advantageous price for construction thereof to the City or to reject the proposal.
T, Receipt is hereby acknowledged of the following addenda:
No. 1 No.2 1&_No. 3 /1 W No.4 AIX
Jespectfully submitted,
-omp N e
,y(Authori#eV SiAnature)
01ate: 14t)
Address: Q O UI Q7
11-1
Telephone: (972) Z 3,r, �3/
SEAL(if corporation)
PROPOSAL
-4-
ATTACHMENT 1A
Page'i:*of 2
City of Fort Worth " r, s �
Minority and Women business Enterprise Specificatiolrm
MBE/WBE UTILIZATION 17
PRIME COMPANY NAME N� jD
NNCC D �-
2g 4(cGZI�ZOU0b 15 2
PROJECT NAME PROJECT NUMBER
CITY'S M/WBE PROJECT GOAL: 12% WWBE PERCENTAGE ACHIEVED: 1 0' e
Failure to complete this form, in its entirety with supporting documentation, and received by.the:Managing Department
on or before 5:00 p.m.five (5) City business days-after.bid opening,.exclusive of bid opening,date,Will result inthe,'bid
"being considered non-responsive to bid specifications.
The undersigned bidder agrees .to enter into a formal agreement with the MBE and/or WBE firms for work listed in this
75chedule, conditioned ,upon-execution of a contract with the City of Fort Worth.- The intentional and/or knowing
,nisrepresentation of facts is grounds for.consideration of disqualification and will result in the bid being considered
non-responsive to specifications.
FCompany Name, Contact Name, Certified Specify All Contracting Specify All items to be Dollar Amount
Address,and Telephone No. _ Scope of Work(*) Supplied(*) ;
U p0 `
SOU lv'(�'S
n3Y7
20o s• b„u�,, pd ��j't.e'' t440" �
n a 11C 75oS2 �STY�'1(1/11 ¢ 4z5�� Sint-G�f;'
72-6 41- T�-;- 1
&,6zv � �a� o luLAva3 �d
do
Llmr
7K 76 Di'o
w
M/WBEs must be1ocated in the 9(nine)county marketplace or currently doing business in the marketplace at time of bid.
( Specify all areas in which MWBE's are to be utilized and/or items to be supplied:
(/ A complete listing of items to be supplied is required in order to receive credit toward the M/WBE goal.
(' Identify each,T(er,;leyel;; Tier:-Means the level of subcontracting below the,prime contractor/consultant,i.e.,a,direct payment
from the prime contractor to a subcontractor is considered 11 tier,a payment by:a subcontractor to
its supplier is considered 2nd tier..
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5)CITY BUSINESS DAYS AFTER BID
OPENING,EXCLUSIVE OF THE BID OPENING DATE
Rev.612198
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
ATTACHMENT 1A
Page 2 of 2
City of Fort Worth
Minority and Women Business Enterprise Specifications
MBE/WBE UTILIZATION
Company Name,Contact Name, Certified Specify All Contracting ,Specify All Items to be Dollar Amount
Address, and Telephone.No. Scope of Work(*) Supplied(*)
cQi o o `;
U X
r�
n
The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding
a•tual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid.
1 e 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 MBE(s) and/or WBE(s) on this contract, by an authorized officer or
eaployee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the
c ntract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal,
S.dte or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material
breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work
Ft a eriod of time n less than one (1)year.
BEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD
/�.z'0glus
4 thori d Signature Printed Signature
Contact Name and Title (if different)
S, 872-
'ompany Name Telephone Number(s)
1111 ' C) 83-092-7 972- ZSS-�75 �
sudress Fax Numb r
p-«V/3yu-o Sao) 75D8 3 4-lql o
/State/Zip Code Date
CHIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID
OPENING,EXCLUSIVE OF THE BID OPENING DATE
Rev.6/2/98
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
ATTACHMENT 113
Page 1 of 1
City of Fort Worth
Minority and Women Business Enterprise Specifications
Prime Contractor Waiver
Prime Company Name Project Name
¢—� --v ► (�12'1(o/t'�l2nc�/065 26 /3
Bid Opening Date Project Number
If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form).
All questions on this form must be completed and a detailed explanation provided, if applicable. if
the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only
applicable if both answers are yes.
Failure to complete this form in its entirety and 11 be received by the flllanaging Department on or';
6efore5;60 p.m., five (5)City.business+ttays after bid opening, exclusive of.the bid opening date,;
will resultin the bid being considered non-responsive to bid specifications
Will you perform this entire contract without subcontractors? Yes _�LNo
If yes, please provide a detailed explanation that proves based on the size and scope of
this project, this is your normal business practice and provide an operational profile of
your business. �,/
Will you perform this entire contract without suppliers? Yes �`'� No
If yes, please provide a detailed explanation that proves based on the size and scope of
this project, this is your normal business practice and provide an inventory profile of
your business.
The bidder further agrees to provide, directly to the City upon request, complete and accurate
information regarding actual work performed by all subcontractors, including MBE(s) and/or
WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s)
and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit
and/or examination of any books, records and files held by their company that will substantiate
the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer
or employee of the City.Any intentional and/or knowing misrepresentation of facts will be grounds
for terminating the contract or debarment from City work for a period of not less than three (3)
years and for initiating action under Federal, State or Local laws concerning false statements.
Any failure to comply with this ordinance and creates a material breach of contract may result in a
determination of an irresponsible offeror and barred from participating in City work for a period of
time not less than one (1) year.
r
�—
Autfiorized Signature Printed Signature
Title Contct Name (if different)
i%d • �72 .237- !3/`/
Company Name Contact Telephone Number (s)
qTl 7�6
Addr ss T Fax NurDlper
Autho06WSrgAature Company Name
Rev.6/2/98
ATTACHMENT 1C
Page 1 of 3
City of Fort Worth
_. Minority and Women Business Enterprise
GOOD FAITH EFFORT
Prime Company Name Bid Date
/`1GlYuA)
Project Name Project Number
I
If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if
your M/WBE participation"is less than the City's project goal,you must completethis form.
If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a
"good faith effort", the bidder will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 6 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation the facts or intentional discrimination by the bidder.
` Failure to complete this _form in its :entirety with- :supporting documentation, and received b the.
P � Y PP 9 , Y
Managing Department on or before 5:00 p.m.five (5) City business`days after bid opening, exclusive of bid
opening date,will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity(DO NOT LIST NAMES OF
FIRMS)which will be used in the completion of this project, regardless of whether it is to be provided
by a M/WBE or non-M/WBE.
(Use additional sheets, if necessary)
i List of: Subcontracting Opportunities List of: Supplier Opportunities
64�5�
V J a � k
G �
I
!� 6-7 K 1�e2 Jl�AJs
N
STEALS
Rev.6/2/98
ATTACHMENT 1C
Page 2 of 3
2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in
compliance,if it is not more than 3 months old from the date of bid opening.
I Yes Date of Listing
1 _No
3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are
opened?
Yes If yes, attach M/WBE mail listing to include name of firm and address and a dated
.mac No copy of letter mailed.
4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are
opened?
Yes If yes, attach list to include name of M/WBE firm, ep rson contacted,
X No phone number and date and time of contact.
I NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile
is used, attach the fax confirmation,.which is to ,provide M/WBE. name, date, time, fax number and
documentation faxed.
NOTE: If a SIC list of M/WBE is ten or less,,the bidder must contact the entire list to be in compliance with
questions.3 and 4. If a sic list of M/WBE is more than ten, the bidder must contact at least two-thirds of
the list but not less than ten to be in compliance.with questions 3'and 4.
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of
plans and specifications in order to assist the M/WBEs?
M Yes
_N o
6.) If M/WBE bids were received and rejected,you.must:
(1) List the M/WBE firms and the reason(s)for rejection (i.e., quotation not commercially reasonable,
r qualifications, etc.) and
(2) Attach affidavit and/or documentation to support the reason(s) listed below(i.e.. letters, memos,
bids,telephone calls, meetings, etc.)
I (Please use additional sheets,if necessary,and attach.)
Company Name Telephone Contact Person Scope of Work Reason for
h Rejection
Rev.6/2/98
F ATTACHMENT 1C
Page 3of3
r ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
M/wBE narticina+inn on this nrniect.
15
ccu aw If got
4') zyl
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) listed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
Attac ment 1C will be contacted and the reasons for not using them will be verified by
the Cit 's M ffice.
rAuthoriz Signature Printed Signature
Title Contact Name and Title (if different)
s " - ' q72 -23s-131
Company Nanfie Telephone Number(s)
P�- &Y 9309 q7 q72 - 235675
Address Fax Number
R1cWAn+)sow, Tk
City/State/Zip Date
Rev.6/2/98
General Decision Number TX000046
Superseded General Decision No. TX990046
State: TEXAS
Construction Type:
HEAVY
County(ies) :
JOHNSON PARKER TARRANT
_ Heavy Construction Projects (Including Water and Sewer Lines)
Modification Number Publication Date
0 02/11/2000
1 05/05/2000
Wage Decision--Number:_TX000046
Page 1 of 4
COUNTY(ies)
JOHNSON PARKER TARRANT
* PLUM0146B 05/01/2000
Rates Fringes
PLUMBERS/PIPEFITTERS 20.28 3.34
SUTX2047A 06/01/1990
Rates Fringes
CARPENTERS 10.40 $3.64
CONCRETE FINISHERS 9.81
ELECTRICIANS 13.26
FORM SETTERS _ 7.86
LABORERS:
Common 6.37
Utility 8.09
PAINTERS 10.89
PIPELAYERS 8.43
POWER EQUIPMNENT OPERATORS:
Backhoe 11.89 3.30
Bulldozer 10.76
Crane 13:16 3.30
Front End Loader 10.54
- Mechanic 10.93
Scraper 10.00
REINFORCING STEEL SETTERS 10.64
s TRUCK DRIVERS 7.34
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
_ xxxxaxxmxacxaaxaxaxxxszxxa=ocxxx=axx=xaxxx=xeaaa=xxxxaxaxxmxxaxzs
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a) (1) (v) ) .
----------------------------------------------------------------
In the listing'above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
Wage Decision Number: TX000046
Page 2 of 4
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey -underlying a wage determination
* a Wage and Hour Division letter setting forth a
posit-ion on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests _
- for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
Wage Decision Number: TX000046
Page 3 of 4
requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals .Board) . Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution .Avenue; N. W.
Washington, D. C. 20210
4. ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Wage Decision Number: TX000046
Page 4 of 4
City of Fort Worth
Intergovernmental Affairs and Grants Management (IAGM)
Community Development Block Grant (CDBG) Funded
Construction Projects
Table of Contents
PAGE
I. Pre-Construction Conference Minutes .............................................................. 1 -3
II. Contractor/Sub Information Forms ................................................................. 4-5
M. Start of Construction Form.............................................................................. 6
IV. Construction Complete Form...........................................................................7
V. City of Ft.Worth Finance Department,Affirmative Action Plan: ............................ 8-22
Section 3 of the Housing and Urban Development Act of 1968
A. Section 3 Attachment Forms
1. Attachment B Self-Certification Form..................................................... 20
2. Attachment D Statement of Release Form................................................ 21
3. Attachment E Preliminary Statement of Workforce Needs Form..................... 22
VI. Statement of Policy on Equal Employment Opportunity Form.................................... 23
VII. Department of Housing and Urban Development Contract Requirements.................. 24-38
Executive Order 11246,Equal Opportunity Clause;Section 202
A. Executive Order 11246 Forms
1. Certification and Acknowledgment Form.................................................. 39
2. Certification of Bidder Regarding Equal Employment Opportunity Form............ 40
3. Certification Regarding Lobbying Form................................................... 41
4. Certificate of Owner's Attorney Form......................................................42
VIII. U.S.Department of Labor Wage and Hour and Public Contract Divisions
A. Instructions for Completing Payroll form WH-247 ...........................................43-45
B. U.S.Department of Housing and Urban Development
1. Certificate from Contractor Appointing officer or employee to Supervise Payment of
EmployeesForm................................................................................. 46
2. Payroll Form..................................................................................... 47
3. U.S.Department of Labor Statement of Compliance Form................................ 48
4. Employees Statement of Work Verification Form.......................................... 49
5. Payroll Deduction Authorization Form....................................................... 50
IX. U.S.Department of Housing and Urban Development Community Development Block Grant
Input:Subcontractor's Certification Concerning Labor Standards and Prevailing Wage
Requirements .......................................................................................... 51 -53
X. How to Complete Payroll Forms
XI. Equal Employment Opportunity Poster
XII. U.S.Department of Labor Poster
XIII. Project Designation Sign
City of Fort Worth
Intergovernmental Affairs and Grants Management (IAGM)
Community Development Block Grant (CDBG) Funded
Construction Projects
Due Required Forms and Dates
WHO COMPLETES DUE SUB PRIME
FORM SUBMIT SUBMIT TO:
REQUIRED FORM TO:
All those who attend Keep For Your Records FILE FILE
Pre-Construction Meeting meeting sign
Contractor/Sub Contractor and All Subs Before the Start of PRIME IAGM
Information Constriction Monitor
Start of Construction Form CONTRACTOR At the Start of Construction PRIME IAGM Monitor
Construction Complete CONTRACTOR After completion of PRIME IAGM Monitor
Form construction
Section 3 Attachment Forms CONTRACTOR AND Complete and Return PRIME IAGM Monitor
• Attachment B Self- SUBCONTRACTORS Within Seven(7)Days of
Certification Form Receipt
• Attachment D
Statement of Release
Form
• Attachment E
Preliminary Statement
of Workforce Needs
Form
Statement of Policy on CONTRACTOR AND Complete and Return PRIME IAGM Monitor
Equal Employment SUBCONTRACTORS Within Seven(7)Days of
Opportunity Foran Receipt
CONTRACTOR AND Complete and Return PRIME IAGM Monitor
Certification and SUBCONTRACTORS Within Seven(7)Days of
Acknowledgement Form Receipt
U.S.Department of Housing CONTRACTOR AND Complete and Return PRIME IAGM Monitor
and Urban Development SUBCONTRACTORS Within Seven(7)Days of
• Certification of Bidder Receipt
Regarding Equal
Employment
- Opportunity Form
• Certification Regarding
Lobbying Form
• Certificate of Owner's
Attorney Form
CONTRACTOR AND Complete and Return PRIME IAGM Monitor
SUBCONTRACTORS Within Seven(7)Days of
U.S.Department of Housing Receipt
and Urban Development
• Certificate from
Contractor Appointing
officer or employee to
Supervise Payment of
Employees Form
City of Fort Worth
Intergovernmental Affairs and Grants Management (IAGM)
Community Development Block Grant (CDBG) Funded
Construction Projects
WHO COMPLETES DUE SUB PRIME
FORM SUBMIT SUBMIT TO:
REQUIRED FORM TO:
The prime contractor Beginning the first week PRIME IAGM Monitor
should review ea. your company works on a
Payroll Forms Subcontractor's payroll project and for every week
You are not required to use reports for compliance afterward until your firm
Payroll Form WH-347. You prior to submitting the has completed its work.
may use any other type of reports to IAGM. Number-the payroll reports
payroll,such as computerized beginning with# 1 Initial
formats,as long as it has all of g g
the information that is required and clearly mark your last
on the WH-347. payroll"Final."
U.S.Department of Labor CONTRACTOR AND Attach to the weekly payroll PRIME IAGM Monitor
- Statement of Compliance SUBCONTRACTORS with original signature
Form
CONTRACTOR AND Required when employee is PRIME IAGM Monitor
SUBCONTRACTORS used in more than one
classification,and specify
Employees Statement of different rates of pay during
Work Verification Form any payroll period
EMPLOYEES MUST Only one employee PRIME IAGM Monitor
AUTHORIZE ALL authorization is needed for
DEDUCTIONS recurring deductions.This
r should accompany the
Payroll Deduction FIRST payroll on which the
Authorization Form deduction appears
U.S. Department of HUD SUBCONTRACTOR Before start of work PRIME IAGM Monitor
Community Block Grant
Input Subcontractor's
Certification Concerning
Labor Standards and
Prevailing Wage
Requirements Form
NOTICE TO ALL CONTRACTOR Post on site at the start of POST POST
EMPLOYEES MUST POST construction
Working on Federal or
Federally Funded Finance
Construction Projects
Equal Employment CONTRACTOR Post on site at the start of POST POST
Opportunity Poster MUST POST construction
U.S.Department of Labor
Poster
CONTRACTOR Post on site at the start of POST POST
MUST POST construction
Project Designation Sign
PRIME CONTRACTOR FORWARDS ALL FORMS TO
THE IAGM MONITOR
PRECONSTRUCTION CONFERENCE MINUTES
DATE: TIME:
LOCATION:
PROJECT NAME:
LOCATION OF PROJECT:
PROJECT NUMBER:
CONTRACT AMOUNT:
ATTENDEES
NAME NAME &ADDRESS OF FIRM TELEPHONE
NUMBER
1
A preconstruction conference was held on the above date to discuss labor standards requirements applicable
to this project. The attendees, as listed above,were provided the following information.
The "CONTRACTOR INFORMATION" form required of the contractor and all subcontractors should be
completed and submitted before starting construction.
Section 3 Plans must be completed by contractors and subcontractors having contracts over the amount of
$10,000.
Written affirmative action plans must be submitted by the contractors and subcontractors having contracts
over the amount of$50,000 and employing more than 25 non-construction employees. The plans should address
the contractor's intent to hire and train minorities and females on an equal basis as any other group.
Executive Order 11246, included in the contract document, should be followed as closely as possible.
This project is subject to the Davis-Bacon Act(DBA),Copeland Act,Contract Work Hours Safety Standards
Act (CWHSSA), and the Fair Labor Standards Act (FLSA). FLSA sets out the requirements for payment of
minimum wages,overtime pay,child labor standards and prohibits wage discrimination on the basis of sex. DBA
specifies the minimum wages to be paid the various classes of laborers and mechanics employed on the project.
CWHSSA sets a uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in
excess of 40-hours per week. The Copeland Act prohibits kickbacks being paid by the employee to the employer
and requires the weekly submission of payrolls. FAILURE TO COMPLY WITH THE LABOR STANDARDS
REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS AND/OR WITHHOLDING OF INSURED
ADVANCES.
The contractor should inform his foreman and subcontractors that this project is subject to periodic employee
wage interview visits by City staff and/or federal agencies, such as HUD or DOL, to insure compliance with the
aforementioned regulations. These federal officers or City staff are not to be prevented from conducting such
interviews.
The suggested payroll form is WH-347,Payroll. All other payroll forms must be approved by HUD prior
to use. Payrolls must be submitted to the Finance Department within seven days after a pay period ends. A pay
period is seven(7)consecutive days. Payrolls must be original and must be completely executed. The signature
must be that of owner, partner, officer of authorized individual, and must be an original ink signature. It is
suggested that blue ink be used. The certification dates must cover the seven(7)day period. "A CERTIFICATION
FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF
EMPLOYEES" form must be submitted.
The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and
mechanics employed upon the work covered by this contract are to be maintained during the course of work and
preserved for a period of three years thereafter.
Liquidated damages will be assessed for failure to pay overtime. The assessment amount is$10 per day per
violation. Overtime begins on this project after 40 hours per week. Additionally,wage restitution must be paid to
any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the
prescribed hourly rate of pay.
Employees must be classified and paid according to the classifications and rates prescribed by the applicable
2
wage decision. The decision which is applicable to this project is . The wage decision must be posted
at the construction site along with required posters for the duration of construction activity. Any classification
needed which does not appear on the wage decision must be requested and approved by the U.S. Department of
Labor prior to the use of that classification on the project.
In instances where the owner of a company performs work on the project, that owner must show himself/
herself on the payroll and must show the hours worked each day and total hours for the week. All persons who
perform work on the project must be shown on the payroll. The address and social security number for each
employee must be included the first time that employee appears on the payroll and any time their address change.
Apprentices may be employed on the project, however, they must be certified,by the Bureau of
Apprenticeship &Training and the allowable ratio of apprentices to journeyman must not be exceeded.
Payrolls are required for weeks in which no work is performed labeled "NO WORK PERFORMED".
The first payroll furnished must show "INITIAL" in the payroll number block. Likewise,the last payroll
must show"FINAL". Subsequent payrolls following the initial payroll must be numbered sequentially beginning
with number 2, including payrolls labeled "NO WORK PERFORMED".
Any person who is employed on a piece work basis must be shown on the payroll. The hours worked each
day and total hours for the week must be shown. The hourly rate of the piece worker must equal or exceed the
prescribed hourly rate for the particular work classification.
Dual work classifications within the same payroll period are acceptable provided that a signed verification
of the dual work classification is furnished from the employee. When dual work classification are used submit the
form "EMPLOYEES STATEMENT OF WORK VERIFICATION".
Deduction authorizations, signed by employees,must be provided for any deduction with the exceptions of
FICA and federal tax.
Unless otherwise specified by the applicable wage decision,the classification of"helper" is unacceptable.
Employees must be classified and paid based on the work they perform, e.g.,if a person performs the duties of or
uses the tools of a plumber, that person must be classified as a plumber, not as a plumber's helper (the plumber
classification is used there as an example only).
The general contractor will be required to certify that all laborers and mechanics employed on the project
(including those employed by subcontractors)have been paid hourly rates as prescribed by the applicable laws.
The staff person who will monitor this project for compliance with labor requirements is Greg Jordan or
Tamika Barr. Any questions concerning labor requirements should be directed to him/her at(817) 871-8387(817)
871-8365. Questions should be directed through the general contractor who is ultimately responsible for the
fulfillment of these obligations
Submitted by: Contact Person:
City of Fort Worth
NAME Intergovernmental Affairs & Grants Management
Tamika Barr/Greg Jordan
1000 Throckmorton Street
Fort Worth, Texas 76102
DATE (817) 871-8365
3
CONTRACTOR INFORMATION
Date
PROJECT:
1. Contractor:
2. Address:
3. City:
4. Telephone: Fax:
5. Federal I.D. #:
6. Officers of the Corporation:
President: Racial/Ethnic Ownershi :
White American
Vice President: 2-Black American
3-Native American
4-Hispanic American
Secretary: 5-Asian/Pacific American
6-Hasidic Jew
Treasurer:
7. If sole owner or partnership, list owner(s):
I certify at the time of execution, hereof, neither my company nor my corporate officers (if
incorporated)are listed in the list of Debarred, Suspended, and Ineligible Contractors maintained by
the Department of Housing and Urban Development(HUD).
ignature
4
SUBCONTRACTOR INFORMATION
(To be completed by contractor)
Date
PROJECT:
1. Subcontractor:
2. Contract Amount:
3. Address:
3. City:
4. Telephone: Fax:
5. Federal I.D. #:
Racial/Ethnic Ownership:
1 -White American
2-Black American
3-Native American
r 4-Hispanic American
5-Asian/Pacific American
6-Hasidic Jew
5
START OF CONSTRUCTION
(Date)
Project Name:
Project Location:
Project Number:
U.S.Department of Labor Wage Decision:
This is to inform you that the
(Name of Company)
of ,
(Address) (City/Town)
has started work on the above referenced project covered by our
(State) (Zip)
contract with you, as of
(Date)
Respectfully yours,
(Name of Company)
By
(Signature)
(Title)
6
CONSTRUCTION COMPLETE
Project Name:
Project Location:
Project Number:
y U.S. Department of Labor Wage Decision:
This is to inform you that the
(Name of Company)
of , ,
(Address) (City/Town)
has terminated work on the above referenced project covered by our
(State) (Zip)
contract with you, as of
(Date)
Respectfully yours,
(Name of Company)
By
(Signature)
-7-
City of Fort Worth
Finance Department
Affirmative Action Plan Under
Section 3 of The
Housing and Urban Development Act of 1968
Revised 4/00
8
City of Fort Worth Affirmative Action Plan
Table of Contents
Part I: Purpose and Background Information Page
1. Summary Explanation and Purpose.....................................................10
2. Geographical Applicability..................................................................10
3. Applicability to Businesses..................................................................10
4. Applicability to Individuals.................................................................11
Part II: Selection of Subcontractors and Vendors
1. Procedures ......................................................................................13
2. Sources for Locating Section 3 Covered Businesses...........................13
3. Required Contract Clauses............................................................ 13 -14
Part III: Hiring Trainees and Employees
1. Procedures ......................................................................................15
2. Good Faith Efforts...............................................................................16
Part IV: Compliance and Consequences
1. Monitoring of Requirements................................................................16
2. Grievance Procedures .................................................................. 16 - 17
3. Sanctions ......................................................................................17
Part V: Attachments
1. Self-Certification Form...............................................................................20
2. Statement of Release...................................................................................21
3. Preliminary Statement Work Force Needs..................................................22
9
City of Fort Worth
Fiscal Services Department
Intergovernmental Affairs and Grants Management Division
Affirmative Action Plan Under
Section 3 of the
Housing and Urban Development Act of 1968
,,1, -..�.�--.� .�= �-� -.� -�� -�gib-- ,.r> --
1. Summary Explanation and Purpose:
Section 3 of the Housing and Urban Development Act of 1968, as amended, ("Section 3")
is binding upon the City of Fort Worth, ("the City") and its Contractor in all projects using
Community Development Block Grant(CDBG) funds. Any Contractor of CDBG funds, from
whatever source, is bound by Section 3.
The two primary purposes of Section 3 are(1)to encourage the use of small, local and
minority businesses as suppliers of goods and services, and(2)to encourage the use of local,
minority and lower income persons as trainees and employees. Section 3 requires that good faith
efforts be made to achieve these purposes.
This plan sets forth the procedures which will be followed by the City of Fort Worth's Fiscal
Services Department, Intergovernmental Affairs and Grants Management Division("IAGM") and all
its CDBG Contractors to accomplish these purposes. Specific regulations governing Section 3 are
set out in 24 CFR 135.
2. Geographical Applicability:
For the Community Development Block Grant Program, Section 3 is applicable to all
activities taking place within the corporate limits of the City of Fort worth,Texas. Within this
"Section 3 covered area", the IAGM Target areas are considered priority areas. The Target areas
include the following 1990 census tracts/block group numbers:
1001.01/1, 1001.01/3, 1001.01/4, 1001.01/6, 1001.02/4, 1001.02/5, 1001.02/6, 1002.01/1,
1002.01/2, 1002.01/3, 1002.01/4, 1002.02/1, 1002.02/2, 1002.02/3, 1002.02/4, 1002.02/5,
1003/1, 1003/2, 1003/3, 1003/4, 1003/5, 1003/6, 1004/1, 1004/2, 1004/3, 1004/4, 1004/5,
1004/6, 1005.01/1, 1005.01/2, 1005.01/3, 1005.01/4, 1005.01/5, 1005.01/6, 1005.02/1,
10
City of Fort Worth Affirmative Action Plan
1005.02/2, 1005.02/3, 1005.02/4, 1005.02/6, 1005.02.7, 1006.02/2, 1006.02/3, 1007/1,
1007/2, 1007/3, 1007/5, 1008/1, 1008/2, 1008/3, 1008/4, 1008/5, 1009/1, 1009/2, 1009/3,
1010/1, 1010/2, 1011/1, 1011/2, 1011/32 1011/4, 1012.01/1, 1012.01/2, 1012.02/22 1012.02/3
1012.02/4, 1012.02/5, 1012.02/6, 1013.01/4, 1013.02/2; 1013.02/3, 1013.02/4,1014.02/1,
1014.02/2, 1014.02/3, 1014.02/4, 1014.03/22 1014.03/3, 1014.03/4, 1014.03/5, 1014.03/6,
1014.03/72 1015/2, 1015/3, 1015/5, 1016/1, 1016/2, 1017/1, 1017/2, 1017/3, 1018/1, 1018/2,
1020/1, 1020/2, 1021, 6, 1021/7, 1023.01/1, 1023.01/29 1023.01/3, 1023.01/4, 1023.02/4,
1023.02/5, 1024.01/4, 1024.01/5, 1024.01/62 1025/1, 1025/2, 1025/3, 1025/49 1025/5,
1025/6, 1026/4, 1026/6, 1026/7, 1026/8 1027/1, 1027/2, 1028/12 1029/1, 1029/2, 1029/39
1030/1, 1030/2, 1030/39 1031/19 1032/1, 1033/19 1033/2, 1033/3, 1033/4, 1034/1, 1034/2,
1034/32 1035/1, 1035/22 1035/3, 1035/49 1035/59 1035/69 1035/7, 1036.01/1, 1036.01/2,
1036.01/3, 1036.01/4, 1036.02/2, 1037.01/1, 1037.01/2, 1037.01/3, 1037.01/4, 1037.02/1,
1037.02/29 1037.02/3, 1038/12 1038/2, 1038/3, 1038/4, 1038/5, 1038/6, 1039/1, 1039/22
1039/39 1040/12 1040/2, 1040/3, 1041/1, 1041/22 1041/39 1041/4, 1041/59 1041/6, 1042.02/5,
1043/29 1043/3, 1043/49 1043/59 1044/1, 1044/3, 1044/49 1044/72 1045.01/1, 1045.01/2,
1045.01/3, 1045.01/42 1045.01/52 1045.01/6, 1045.01/7, 1045.01/89 1045.02/1, 1045.02/2,
1045.02/3, 1045.03/1, 1045.03/2, 1046.01/2, 1046.01/3, 1046.01/42 1046.01/52 1046.02/1,
1046.02/2, 1046.02/3, 1046.02/4, 1046.03/19 1046.03/2, 1046.03/3, 1046.04/1, 1046.04/22
1046.04/3, 1046.05/32 1046.05/5, 1047/12 1047/2, 1047/3, 1047/4, 1047/5, 1047/6 1048.01/1,
1048.01/2, 1048.01/3, 1048.01/4, 1048.01/59 1048.01/6, 1048.01/79 1048.01/8, 1048.02/1,
1048.02/2, 1048.02/32 1048.02/42 1050.01/1, 1050.01/2, 1050.01/3, 1050.01/42 1050.01/5,
1050.05/22 1050.06/1, 1050.06/2, 1051/5, 1052.01/1, 1052.01/2, 1052.01/4, 1052.02/12
1052.02/29 1053/19 1055.02/1, 1055.02/89 1055.05/1, 1056/2, 1057.03/32 1058/1, 1058/2,
1058/5, 1059/2, 1059/39 1059/5, 1060.01/1, 1060.02/1, 1060.04/2, 1061.01/29 1061.02/,
1061.02/2, 1062.01/1, 1062.01/29 1062.01/3, 1062.01/4, 1062.02/1, 1062.02/2, 1062.02/3,
1062.02/4, 1063/2, 1063/3, 1064/12 1064/2, 1065.03/32 1065.06/22 1065/06/32 1065.06/4,
1065.08/2, 1065.08/4, 1065.09/1, 1065.10/49 1065/11/49 1065.12/2, 1066/19 1105/4,
1110.07/4, 1113/01/2, 1135.06/7,1141.01/4
3. Applicability to Businesses:
Businesses which are at least fifty-one percent(51%) owned by socially or economically
disadvantaged persons who reside in the Section 3 covered area and which qualify as small
businesses under the standards of the Small Business Administration are eligible for the benefits of
Section 3.
4. Applicability to Individuals:
Any person who resides in the Section 3 covered area and whose family income does not
exceed eighty percent(80%) of the median income in the Dallas-Fort Worth Standard Metropolitan
11
City of Fort Worth Affirmative Action Plan
Statistical Area may be designated as a"lower income person". Section 3 is intended to benefit such
individuals through employment and training opportunities.
12
City of Fort Worth Affirmative Action Plan
b
1. Procedures
All contractors will provide a completed copy of Attachment D, "Statement of Release",
prior to signing any contract for a project using CDBG monies. Each Contractor selected will be
bound by Section 3 requirements, including the submission of all relevant documentation required
by this plan. Contractors will be held responsible for the Section 3 activities of their subcontractors.
When competitive bids are solicited,the contractor will notify bidders of Section 3
requirements. Each contractor will make a good faith effort to issue invitations to bid to Section 3
covered businesses and to use local and minority media to advertise contractual opportunities.
H&HS will review proposed Contractors and vendors to ascertain their eligibility to receive CDBG
funds,based on prior and future assured compliance with Section 3.
Contracts which are typically let on a negotiated basis in non-Section 3 covered areas will be
let on a negotiated basis in Section 3 covered areas, if feasible.
2. Sources for Locating Section 3 Covered Businesses:
The City operates the Minority/Women Business Enterprise (M/WBE) office to assist in the
location and certification of Section 3 covered businesses and to inform such businesses of bidding
opportunities for City contracts.
Lists of Section 3 covered businesses area also available from the Fort Worth Regional HUD
Office,the Small Business Administration and other similar agencies. Any business wishing to
qualify as a Section 3 covered business will be-given the opportunity to file a Self-Certification form
(Attachment B)with the M/WBE office and all CDBG contractors are encouraged to seek the
assistance of that office, should any question arise. IAGM will notify the Minority/Women
Business Enterprise office of its pending contractual activities so that Section 3 covered businesses
may be notified.
3. Required Contract Clauses:
CFR 24 § 13 5.3 8
In the event a CDBG Contractor wishes to subcontract any portion of a project utilizing
CDBG monies, the written prior approval of IAGM must be obtained. Furthermore, the following
paragraphs must be included in each subcontract:
13
City of Fort Worth Affirmative Action Plan
A. The work to be performed under this Contract is subject to the requirements of section
3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 170lu
(section 3). The purpose of section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by section 3,
shall,to the greatest extent feasible,be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
B. The parties of this Contract agree to comply with HUD's regulations in 24 CFR part
135, which implement section 3. As evidenced by their execution of this contract,the
parties to this contract certify that they are under no contractual or other impediment that
would prevent them from complying with the part 135 regulations.
C. The Contractor agrees to send to each labor organization or representative of workers
with which-the contractor has a collective bargaining agreement or other understanding, if
any, a notice advising the labor organization or workers' representative of the contractor's
commitments under this section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section preference, shall set
forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions,the qualifications for each; and the anticipated date the work shall
begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this section 3 clause,upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
E. The Contractor will certify that any vacant employment positions, including the
training positions, that are filled (1) after the contractor is selected but before the contract
is executed, and (2)with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing
14
City of Fort Worth Affirmative Action Plan
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act(25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible(I)preference and opportunities for training and
employment shall be given to Indians, and(ii)preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic
Enterprises. Parties to this contract that are subject to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the maximum extent feasible,but not in
derogation of compliance with section 7(b). '
1. Procedures:
All contractors will provide a completed copy of Attachment E, "Preliminary Statement-
Work Force Needs",prior to signing any contract for a project using CDBG monies. The Contractor
will specify the maximum number of trainees which can reasonably be used on the CDBG project,
unless the occupational category is subject to a ratio set by the Secretary of Labor. This information
will be reviewed by IAGM to ascertain the current and projected use of Section 3 covered
individuals.
Should the Contractor wish to hire trainees for a CDBG assisted project, lower income
individuals will be used to the greatest extent feasible in the various training categories. All vacant
trainee positions should be filled with lower income individuals, if at all possible. Only after a good
faith effort to place lower income individuals in vacant trainee positions has been made will the
Contractor use non-Section 3 covered individuals as trainees.
Should the Contractor need to hire already trained employees, similar preference will be
given to qualified lower income individuals who apply for those positions.
For each occupational category in which vacancies exist, the contractor will set a realistic
goal for the number of lower income individuals to be hired. The Contractor will make a good faith
effort to see that such goals are met.
To the greatest extent feasible, the Contractor will use lower income individuals as CDBG
project employees. (Any Contractor which fills vacant employment positions immediately prior to
starting a CDBG project will be required to show that its actions were not an attempt to circumvent
Section 3 requirements.)
When a lower income individual applies, either on their own initiative or on referral from any
source, the Contractor will review his/her qualifications and hire the individual if his/her
15
City of Fort Worth Affirmative Action Plan
qualifications are satisfactory and the Contractor has an opening. If the Contractor does not have an
opening, the individual will be listed for the first available opening.
If applicant qualifications are equal,lower income persons will be given preference in hiring.
An exception will be made when a Section 3 covered project must also meet the requirements of
Executive Order 11246. In this case,when qualifications are equal,minority persons will be given
first preference in hiring. The City will require applicafits claiming to be lower income to state their
family income at the time of application.
2. Good Faith Efforts:
A Contractor may show good faith efforts to hire lower income individuals by:
(1) confirming with the Department of Housing and Urban Development's Regional
Administrator,Area Office Director,or FHA Insuring Office Director,the
geographical Section 3 covered area for the Contractor's specific project; and
(2) using local media,project area community organizations, local public and private
institutions, and/or signs placed at the proposed project site to recruit lower income
applicants for training and employment positions with the project.
1. Monitoring of Requirements:
IAGM will monitor the efforts of its contractors to achieve the purpose of Section 3 in two
primary ways. First, the documentation required of CDBG Contractors will be examined to
determine if good faith efforts are being made to comply with Section 3 requirements. Any obvious
omissions or improper actions will be questioned and the manner in which compliance can be
documented will be determined by IAGM. Next,IAGM will conduct on site reviews to assure that
any estimates or projected figures for training and employment have been achieved to the best of the
Contractor's ability. If a high percentage of the employees of, and subcontractors for, a program
meet Section 3 standards, the good faith efforts of the Contractor will be assumed.
If compliance problems are discovered IAGM will encourage the Contractor to resolve them. If this
informal persuasion should fail IAGM may request that sanctions (as specified below)be applied.
2. Grievance Procedures:
Any person or business meeting the definitional standards of Section 3 may personally, or by
representative,pursue the grievance procedures outlined here.
16
City of Fort Worth Affirmative Action Plan
Informal complaints should be directed to IAGM for investigation of its Contractor's
compliance, or to the Contractor for investigation of the subcontractor's compliance. IAGM
Contractors will notify IAGM of all informal complaints they receive. If the complaint is found
valid, IAGM will make an effort to secure Section 3 compliance through conferences,persuasion
and/or mediation. A written notice specifying the exact nature of the non-compliance will be issued
to the non-complying party. The notice will recommend specific action to correct the non-
compliance and specify a time limit for doing so. Continued non-compliance may result in the
application of the sanctions listed below.
If the complainant is not satisfied with the informal complaint procedure, or its outcome, a
formal grievance may be filed.
The grievance should be in writing and include: (1) the name and address of the grievant; (2)
the name and address of the grievant's business, if applicable; (2)the name and address of the City,
Contractor, or Subcontractor(hereafter called "respondent"); (4) a description of the acts or
omissions giving rise to the grievance; and(5)the corrective action sought.
The grievance should be signed by the grievant and mailed to Program Operations Division,
Department of Housing and Urban Development,Fort Worth Regional Office,PO Box 2905,Fort
Worth, Texas, 76113-2905; or Assistant Secretary for Equal Opportunity,Department of Housing
and Urban Development, Washington, DC 20410.
A grievance must be filed no later than ninety(90) days from the date of the action(or
omission) upon which it is based. The time for filing may be extended by the Secretary of Housing
and Urban Development, if good cause is shown.
Upon receipt of a grievance by the Secretary, a copy of it will be furnished to the respondent.
The Secretary will conduct an investigation and will give written notice to both the grievant and
respondent as to the decisjon reached. The grievance may be dismissed or sanctions may be applied,
as appropriate.
3. Sanctions:
Failure or refusal to comply with or give satisfactory assurances of future compliance with
the requirements of Section 3 shall be the proper basis for applying sanctions. Any or all of the
following actions may be taken, as appropriate: cancellation, termination, or suspension in whole or
in part of the contract or agreement; determination of ineligibility or debarment from any further
assistance or contracts under this program until satisfactory assurance of future compliance has been
received; referral to the Department of Justice for appropriate legal proceedings.
17
City of Fort Worth Affirmative Action Plan
Minority/Women Business Enterprise
It is the policy of the City of Fort Worth to involve Minority/Women Business Enterprises in all
phases of its procurement practices and to provide them equal opportunities to compete for contracts
for construction,professional services,purchases of equipment and supplies, and provision of other
services required by the City.
The City operates the Minority/Women Business Entelprise(M/WBE) office to assist in the
location and certification of Section 3 covered businesses. A list of M/WBE businesses that have
been certified by the City of Fort Worth will be provided to you upon request. If you need to secure
services or supplies,please contact the City's M/WBE office:
CITY OF FORT WORTH
M/WBE OFFICE
1000 THROCKMORTON
FORT WORTH,TX 76102
(817) 871-6104
18
AX SECTION 3-AFFIRMATIVE ACTION PLAN-DOC
City of Fort Worth Affirmative Action Plan
SECTION 3 ATTACHMENTS
Please Complete and Return Within Seven (7) Days
5/00
19
AX SECTION 3-AFFIRMATIVE ACTION PLAN-DOC
City of Fort Worth Affirmative Action Plan
ATTACHMENT B
SELF-CERTIFICATION FORM
SOCIALLY OR ECONOMICALLY DISADVANTAGED
Business/Agency Name: `
Address:
Zip Code
I am a member of the following minority group: (Circle One)
Black American Indian/ Asian/ Spanish- Other(Specify)
Alaskan Native Pacific Islander Surnamed
I own at least 51 percent of the above business:
Date: Signature:
Title:
SELF-CERTIFICATION FORM
NON-PROFIT ORGANIZATION
This organization is a non-profit organization.
Business/Agency Name:
Address:
Zip Code
Date: Signature:
Title:
B-1
20
AX SECTION 3-AFFIRMATIVE ACTION PLAN.DOC
City of Fort Worth Affirmative Action Plan
- ATTACHMENT D
Statement of Release
I will not subcontract any work in connection with this project unless I first receive the prior written
approval of the Fiscal Services Department, Intergovernmental Affairs and Grants Management
Division of the City of Fort Worth.
Business/Agency Name:
Type of Business/Organization:
Address:
(Street)
(City) (State) (Zip)
Signature:
Title:
D-1
21
A:\C SECTION 3-AFFIRMATIVE ACTION PLAN.DOC
w
ATTACHMENT E
PRELIMINARY STATEMENT
WORK FORCE NEEDS
Contractor's Name:
Address:
Date:
Employment Classification OCCUPIED PERMANENT POSITIONS VACANT POSITIONS**
TOTAL MINORITY* TOTAL MINORITY* *Minority
CONSTRUCTION: Male Female Male Female Male Female Male Female -Black
Spanish-American
Foremen -American Indian/
Alaskan Native
Journeymen
-Asian/Pacific
Apprentices Islander
Laborers **Show Section 3 goals
for lower income,
Total lines.
GRAND TOTAL
SUBMITTED BY
TITLE
22
A:1C SECTION 3-AFFIRMATIVE ACTION PLAN.DOC
STATEMENT OF POLICY ON
EQUAL EMPLOYMENT OPPORTUNITY
It will be the policy of this firm to not discriminate against any applicant for employment, or any
employee,because of race, creed, color, age, sex, or natural origin. This firm will insure that this
policy is continually enforced with regard to employment,promotion,upgrading,demotion,transfer,
recruitment, and recruitment advertising, lay off and termination, compensation, training, and
working conditions. We will make it understood by all with whom we deal, and in all our
employment opportunity announcements that the foregoing is our policy. All applicants and
employees will be judged solely on the basis of their skill,devotion loyalty,reliability and integrity.
Company Name
Signature
23
EFFECTIVE APRIL 1, 1990
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT REQUIREMENTS
Contractor agrees to comply with the requirements of the Housing and Urban
Development Act of 1968, as amended, and with the regulations promulgated
thereunder. Specifically, Contractor shall comply with the following Acts and
Orders and their regulations:
1. EXECUTIVE ORDER 11246, EQUAL OPPORTUNITY CLAUSE; SECTION 202
During the performance of this Contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The
Contractor will take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard
to their race, color, religion, sex or national origin. Such action shall
include, but not be limited to, the following: employment; upgrading;
demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex or national origin.
C. The Contractor will send to each labor union or representative of workers,
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising the said labor union or workers'
representatives of the Contractor's commitment under this section, and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and with the rules, regulations and relevant orders of
the Secretary of Labor.
e. The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations and
orders of the Secretary of Labor, or pursuant thereto, and will permit
access to its books, records and accounts by the Department of Housing and
Urban Development ("the Department") and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules,
regulations and orders.
f. In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations or
orders, this Contract may be canceled, terminated or suspended in whole or
in part and the Contractor may be declared ineligible for further
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I
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
j 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
f subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the Department may direct
as a means of enforcing such provisions, including sanctions for
noncompliance. Provided, however, that, in the event the Contractor
becomes involved in or is threatened with litigation with a subcontractor
or vendor as a result of such direction by the Department, the Contractor
may request the United States to enter into such litigation to protect the
interest of the United States.
h. The Contractor shall submit a certification and shall require each of its
subcontractors to submit a certification that all facilities provided for
employees of Contractor or any subcontractor shall be fully integrated,
and Contractor shall not permit its employees to perform their services in
any locations under its control where segregated facilities are main-
tained.
i. The Contractor and each subcontractor shall permit access during normal
business hours to its premises for the purpose of conducting on-site
compliance reviews and for inspecting and copying such books, records,
accounts and other material as may be pertinent to compliance with the
Order and the rules and regulations promulgated pursuant thereto by the
City. Information obtained in this manner shall be used only in
connection with the administration of the Order, the administration of the
Civil Rights Act of 1964 (as amended) and in furtherance of the purposes
of the Order and the Act.
2. AFFIRMATIVE ACTION ACTS
a. In performance of all contracts, the Contractor will comply with the
Affirmative Action Guidelines of Executive Order 11246 and the implement-
ing regulations and documents thereof.
b. In performance of all contracts in the amount of $10,000 or more:
Contractor will comply with Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u, and the implementing regulations
and documents and shall have on file a written affirmative action policy,
which has the stated work force goals of 18.2% minority persons and 6.9%
females, and must follow the hiring practices specified in Subsection C,
below. Additionally, Contractor agrees to the following provisions:
(1) The work to be performed under this Contract is on a project
assisted under a program providing direct Federal financial
assistance from the Department of Housing and Urban Development and
is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3
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requires that, to the greatest extent feasible, opportunities for
training and employment are given to lower income residents of the
project area and contracts for work in connection with the project
are awarded to business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
(2) The parties to this Contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 CFR 135
and all applicable rules and orders of the Department issued
thereunder prior to the execution of this Contract. The parties to
this contract certify and agree that they are under no contractual
or other disability which would prevent them from complying with
these requirements.
(3) The Contractor will send to each labor organization or representa-
tive of workers with which he has a collective bargaining agreement
or other contract or understanding, if any, a notice advising the
said labor organization or workers ' representative of his commit-
ments under this Section 3 clause and shall post copies of the
notice in conspicuous places available to employees and applicants
for employment or training.
(4) The Contractor will include this Section 3 clause in every subcon-
tract for work in connection with the project and will, at the
direction of the applicant for or recipient of Federal financial
assistance, take appropriate action pursuant to the subcontract upon
a finding that the subcontractor is in violation of regulations
issued by the Secretary of Housing and Urban Development as set
forth in 24 CFR 135. The Contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter has
been found in violation of regulations under 24 CFR 135 and will not
let any subcontract unless the subcontractor has first provided it
with a preliminary statement of ability to comply with the require-
ments of these regulations.
(5) Compliance with the provisions of Section 3, the regulations set
forth in 24 CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of the Contract
shall be a condition of the Federal financial assistance provided to
the project, binding upon the applicant or recipient for such
assistance, its successors and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its contrac-
tors and subcontractors, its successors and assigns, to those
sanctions specified by the grant, loan agreement or contract
through which Federal assistance is provided and to such sanctions
as are specified by 24 CFR 135.
C. In performance of all contracts in the amount of $50,000 or more, and where
the Contractor employs more than twenty-five non-construction employees,
the Contractor must promulgate a specific affirmative action plan, and
must take specific affirmative action to ensure equal employment
opportunities. Contractor shall implement affirmative action steps at
least as extensive as the following:
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(1) Ensure and maintain a working environment free of harassment,
intimidation and coercion at all sites and in all facilities at
which the Contractor's employees are assigned to work. The
Contractor shall specifically ensure that all foremen, superinten-
dents and other on-site supervisory personnel are aware of and are
carrying out the Contractor's obligations to .maintain such a working
environment, with specific attention to minority and female
individuals working at such sites or in such facilities. The
Contractor, where possible, will assign two or more women to each
construction project.
(2) Establish and maintain a current list of minority and female
recruitment sources and provide written notification to minority and
female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available,
and maintain a record of the organizations' responses.
(3) Maintain a current file of the names, addresses and telephone
numbers of each minority and female off-street applicant and
minority or female referral from a union, a recruitment source or
community organization and of what action was taken with respect to
each such individual. If such individual was sent to the union
._ hiring hall for referral and was not referred back to the Contractor
by the union or, if referred, not employed by the Contractor, this
shall be documented in the file with the reason therefore, along
with whatever additional actions the contractor may have taken.
(4) Provide immediate written notification to the City when the union or
unions with which the Contractor has a collective bargaining
agreement have not referred to the Contractor a minority person or
woman sent by the Contractor, or when the Contractor has other
information that the union referral process has impeded the
Contractor's efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in
training programs for the areas which expressly include minorities
and women, including upgrading programs and apprenticeships and
trainee programs relevant to the Contractor's employment needs,
especially those programs funded or approved by the Department of
Labor. The Contractor shall provide notice of these programs to the
sources compiled under subsection (2) above.
(6) Disseminate the Contractor's EEO policy by providing notice of the
policy to unions and training programs and requesting their
cooperation in assisting the Contractor in meeting its EEO obliga-
tions; by including it in any policy manual and collective bargain-
ing agreement; by publicizing it in the company newspaper or annual
report; by specific review of the policy with all management
personnel and with all minority and female employees at least once
a year; and by posting the company EEO policy on bulletin boards
accessible to all employees at each location where construction work
is performed.
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(7) Review, at least annually, the company's EEO policy and affirmative
action obligations under these specifications with all employees
having any responsibility for hiring, assignment, lay-off, termina-
tion or other employment decision, including specific review of
these items with on-site supervisory personnel, such as superinten-
dents and general foremen, prior to the initiation of construction
work at any job site. A written record shall be made and maintained
identifying the name and place of these meetings, persons attending,
subject matter discussed and disposition of the subject matter.
(8) Disseminate the Contractor's EEO policy externally by including
highlights of it in any advertising in the news media, specifically
including minority and female news media, and providing written
notification to, and discussing the Contractor's EEO policy with,
other contractors and subcontractors with whom the Contractor does
or anticipates doing business.
(9) Direct its recruitment efforts, both oral and written, to minority,
female and community organizations, to schools with minority and
female students, and to minority and female recruitment and training
organizations serving the Contractor's recruitment area and
employment needs. Not later than one month prior to the date for
the acceptance of applications for apprenticeship or other training
by any recruitment source, the Contractor shall send written
notification to organizations such as the above, describing the
openings, screening procedures and tests to be used in the selection
process.
(10) Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after-
school, summer and vacation employment to minority and female
youths, both on the site and in other area of the Contractor's work
force.
(11) Validate all tests and other selection requirements where there is
an obligation to do so under 41 CFR, Part 60-3.
(12) Conduct, at least annually, an inventory and evaluation of all
minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, such opportunities.
(13) Ensure that seniority practices, job classifications, work assign-
ments and other personnel practices do not have a discriminatory
effect by continually monitoring all personnel and employment-
related activities to ensure that the EEO policy and the Contrac-
tor's obligations under these specifications are being carried out.
(14) Ensure that all facilities and company activities are non-segregated
except as separate or single-user toilet and necessary changing
facilities shall be provided to assure privacy between the sexes.
(15) Document and maintain a record of all solicitations for subcontracts
from minority and female construction contractors and suppliers,
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including circulation of solicitations to minority and female
contractor associations and other business associations.
(16) Conduct a review, at least annually, of all supervisors' adherence
to and performance under the Contractor's EEO policy and affirmative
action obligations.
d. The Contractor shall designate a responsible official to monitor all
employment-related activities to ensure that the company EEO policy is
being carried out, to submit reports relating to the provisions hereof as
may be required by the City and to keep records of the same. Records for
each employee shall at least include: the employee's name; address;
telephone number; construction trade; union affiliation, if any; employee
identification number where assigned; social security number; race; sex;
status; dates of changes in status; hours worked per week in the indicated
trade; rate of pay; and locations at which the work was performed.
Records shall be maintained in an easily understandable and retrievable
form; however, to the degree that existing records satisfy this require-
ment, Contractor shall not be required to maintain separate records.
3. COPELAND ANTI-KICKBACK ACT
In any contract involving construction or repair, Contractor agrees to comply,
and shall require its subcontractors to comply, with the provisions of the
Copeland "Anti-Kickback Act" (18 U.S.C. 874) , as supplemented in Department of
Labor regulations (29 CFR Part 3) . This Act provides that each Contractor or
subgrantee shall be prohibited from inducing, by any means, any person employed
in the construction, completion or repair of public work to give up any part of
the compensation to which he or she is otherwise entitled; and, if found guilty
= of doing so, shall be fined not more than $5,000 or imprisoned not more than five
(5) years, or both.
4. DAVIS-BACON ACT
In any contract for construction in excess of $2, 000: Contractor agrees to
comply, and shall require its subcontractors to comply, with the provisions of
the Davis-Bacon Act (40 U.S.C. 276a to a-7) . This Act requires contractors to
pay wages to laborers and mechanics at a rate not less than the minimum wages
specified in a wage determination made by the Secretary of Labor and to pay wages
not less often than once a week. Specifically, Contractor agrees to comply with
the following Department of Labor regulations (29 CFR Part 5) :
a. Minimum Wages
All laborers and mechanics employed or working upon the site of the work
performed pursuant to this contract will be paid unconditionally and not
less often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by regula-
tions issued by the Secretary of Labor under the Copeland Act) , the full
amount of wages and bonafide fringe benefits (or cash equivalents thereof)
due at the time of payment, computed at rates not less than those
contained in the wage determination of said Secretary of Labor (which is
attached hereto and made a part hereof) , regardless of any contractual
relationship which may be alleged to exist between the Contractor and such
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laborers and mechanics. Contributions made or costs reasonably anticipat-
ed for bonafide fringe benefits under Section 1 (b) (2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of Paragraph d of this
clause; also, regular contributions made or costs incurred for more than
a weekly period under plans, funds or program which occur the particular
weekly period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for
- the classifications of work actually performed without regard to skill,
except as provided in the clause entitled "Apprentices and Trainees. "
Laborers or mechanics performing work in more than one classification may
be compensated at the rate specified for each classification for the time
actually worked therein; provided, that the employer's payroll records
accurately set forth the time spent in each classification in which work
is performed. The wage determination (including any additional classifi-
cations and wage rates conformed under Paragraph b of this clause) and the
Davis-Bacon poster shall be posted at all times by the Contractor and its
subcontractors at the site of the work in a prominent and accessible place
where they can easily be seen by the workers.
b. Employment of Laborers or Mechanics not listed in Aforesaid Wage
Determination Decision
(1) The City shall require that any class of laborers or mechanics which
is not listed in the wage determination and which is to be employed
under this Contract shall be classified in conformance with the wage
determination. The City shall approve an additional classification
and wage rate and fringe benefits therefore only when the following
criteria have been met:
(a) The work to be performed by the classification requested is
not performed by a classification in the wage determination;
(b) The classification is utilized in the area by the construction
industry; and
(c) The proposed wage rate, including any bonafide fringe bene-
fits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in
the classification or their representatives and the City agree on
the classification and wage rate, including the amount designated
for fringe benefits, where appropriate, a report of the action taken
shall be sent by the City to the Administrator of the Wage and Hour
Division, Employment Standards Administration, United States
Department of Labor. The Administrator, or an authorized represen-
tative, will approve, modify or disapprove every additional
classification action within 30 days or receipt and so advise the
City or will notify the City within the 30-day period that addition-
al time is necessary.
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