HomeMy WebLinkAboutContract 26962 CITY SECRETARY
D.O.E. FILE
CONTRACTOR'S BONDING CO. SPECIFICATIONS
AND
CONSTRUCTION'S COPY CONTRACT DOCUMENTS
.•� CLIENT DEPARTMENT CITY SECRETARY
CONTRACT NO. o�
FAR GREATER NORTH SIDE MODEL BLOCKS
CONCRETE SIDEWALK IMPROVEMENTS:
McKINLEY AVENUE, 3100 & 3200 BLOCKS, WEST SIDE
PRAIRIE AVE., 3100 & 3200 BLOCKS, EAST SIDE
ROOSEVELT AVE. 3100 & 3200 BLOCKS, EAST SIDE
ROSEN AVENUE, 3000 & 3100 BLOCKS, EAST SIDE
IN THE CITY OF FORT WORTH, TEXAS
PROJECT NO. GR76-539120-00520-6127740
DOE NOS. 3325,3326,3327 AND 3328
APRIL 2001 OFACOA
ciff MCC 0/6 Ry
KENNETH L. BARR ON
MAYOR CITY MANAGER
om' HUGO A. MALANGA,P. E. — DIRECTOR
JOE S. TERNUS,P.E. — ASSISTANT DIRECTOR
A. DOUGLAS RADEMAKER, P.E.—DIRECTOR
DEPARTMENT OF ENGINEERING
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
Ll it t w LANS
City of Fort Worth, Texas
"Agar And Council Col"munication
DATE REFERENCE NUMBER LOG NAME PAGE
7/17/01 **C-18670 1 30NORTH 1 of 2
SUBJECT AWARD OF CONTRACT TO B. T. CONSTRUCTION, INC. FOR FAR GREATER
NORTHSIDE MODEL BLOCKS SIDEWALK IMPROVEMENTS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with B. T.
Construction, Inc. for Far Greater Northside Model Blocks concrete sidewalk improvements in the
amount of$114,905.00.
DISCUSSION:
On November 28, 2000 (M&C G-13087), the City Council reallocated $203,893.30 in Far Greater
Northside Model Blocks street improvements funds, to be utilized for sidewalk construction. The streets
where the sidewalks will be constructed are as follows:
McKinley Avenue 3100 and 3200 blocks (west side of street)
Prairie Avenue 3100 and 3200 blocks (east side of street)
Roosevelt Avenue 3100 and 3200 blocks (east side of street)
Rosen Avenue 3000 and 3100 blocks (east side of street)
The sidewalk improvements will include the use of reinforced concrete sidewalk, retaining walls, curb
and gutter, driveway approach and miscellaneous items of construction as shown on the specification
details.
The project is located in COUNCIL DISTRICT 2, Mapsco 61 D and 62A.
The project was advertised for bid on April 26 and May 3, 2001. On May 24, 2001, the following bids
were received:
BIDDER AMOUNT TIME OF COMPLETION
B. T. Construction. Inc. $114,905.00 90 Calendar Days
M.A. Vinson Construction Company, Inc. $155,103.00
The contingency for possible change orders is $5,745.25.
B. T. Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 16%
M/WBE participation. The City's goal on this project is 9%.
City of Fort Worth, Texas
"Agor And Council commu"ientio"
DATE REFERENCE NUMBER LOG NAME PAGE
7/17/01 **C-18670 1 30NORTH 2 of 2
SUBJECT AWARD OF CONTRACT TO B. T. CONSTRUCTION, INC. FOR FAR GREATER
NORTHSIDE MODEL BLOCKS SIDEWALK IMPROVEMENTS
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
MGA
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140
Originating Department Head:
A.Douglas Rademaker 6157 (from) APPROVED 7/17/01
GR76 539120 005206127740 $114,905.00
Additional Information Contact:
A.Douglas Rademaker 6157
CITY OF FORT WORTH,TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
JUL 17 ZOW
This agreement made and entered into this the day of A.D.,2001 by and between the
CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing
under and by virtue of a special charter adopted by the qualified voters within said City on the I Ith day of
December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the
Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City
Council of said city , and the City of Fort Worth being hereinafter termed Owner, B.T.
CONSTRUCTION,INC., HEREINAFTER CALLED Contractor.
WITNESSETH: That said parties have agreed as follows:
1.
That for and in consideration of the payments and agreements hereinafter mentioned to be made
and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith,
the said Contractor hereby agrees with the said Owner to commence and complete the construction of
certain improvements described as follows:
FAR GREATER NORTH SIDE SIDEWALK MODEL BLOCKS CONCRETE SIDEWALK
IMPROVEMENTS
2.
That the work herein contemplated shall consist of furnishing as an independent contractor all
labor, tools, appliances and materials necessary for the construction and completion of said project in
accordance with the Plans and Specifications and Contract Documents prepared by the Department of
- Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by
the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are
hereto attached and made a part of this contract the same as if written herein.
3.
The Contractor hereby agrees and binds himself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Department of Engineering of the City
of Fort Worth.
4.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the
commencement thereof and to fully complete and finish the same ready for the inspe7C ,
roval of
" Eff
VEX
the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth
within a period of 90 calendar days.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract
Documents within the time so stipulated, plus any additional time allowed as provided in the General
Conditions, there shall be deducted from any monies due or which may thereafter become due him, the
sum of $210.00 Per working day, not as a penalty but as liquidated damages, the Contractor and his
Surety shall be liable to the Owner for such deficiency.
5.
Should the Contractor fail to begin the work herein provided for within the time herein fixed or to
carry on and complete the same according to the true meaning of the intent and terms of said Plans,
Specifications and Contract Documents, then the Owner shall have the right to either demand the surety
to take over the work and complete same in accordance with the Contract Documents or to take charge of
and complete the work in such a manner as it may deem proper, and if in the completion thereof,the cost
to the said City shall exceed the contract price or prices set forth in the said plans and specifications made
a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and
specifying an itemized statement of the total cost thereof, said excess cost.
6
Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the
project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify,
hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and
against any and all claims or suits for property loss, property damage, personal injury, including death,
arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor,
its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury,
damage or death is caused, in whole or in part, by the negligence or alleged negligence of
Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify
and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and
employees and any damage, loss or destruction to property of the Owner arising from the performance of
any of the terms and conditions of this Contract, whether or not any such injury or damage is
caused in whole or in part by the negligence or alleged negligence of Owner, its officers,
servants or employees..
In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior
to final payment, final payment shall not be made until Contractor either (a) submits to Owner
satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b)
provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred
to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public
work from a Contractor against whom a claim for damages is outstanding as a result of work performed
under a City Contract.
7. �� IIrC1��t u,51Y,1 )U
The Contractor agrees, on the execution of this Contract, and before beginning wor , Yti �..
execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor
and/or materials furnished in the prosecution of the work, such bonds being as provided and required in
Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract
Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a
surety company duly and legally authorized to do business in the State of Texas, and acceptable to the
City Council of the City of Fort Worth.
8.
Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the
aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal
submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in
monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of
invoice from the Contractor. The agreed upon total contract amount(including/excluding)alternates n/a,
shall be ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED FIVE AND
N0/100.............................................................................................Dollars,($114,905.00).
9.
It is further agreed that the performance of this Contract, either in whole or in part, shall not be
sublet or assigned to anyone else by said Contractor without the written consent of the Director of the
Department of Engineering.
10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is
classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto
and made a part hereof the same as if it were copied verbatim herein.
11.
It is mutually agreed and understood that this agreement is made and entered into by the parties
hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of
the State of Texas with references to and governing all matters affecting this Contract, and the Contractor
agrees to fully comply with all the provisions of the same.
IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in 8 counterparts with its corporate seal attached.
Done in Fort Worth,Texas,this the L hyof "!,A.D.,2001. 2
RECOMMENDED: CITY OF FORT WORTH � (JDO
BY:
CNrV ffir G' 'a P
i MW
-A Z7'�r-X4 L" P4" 1-1"-
DIRECTOR,DEPARTMENT O CITY MANAGER
ENGINEERING
_ APPROVED:
TRANSPORTATION/PUBLIC S
ry DIRECTOR
ATTEST:
B.T.CONSTRUCTION,INC.
10821 W. CLEBURNE ROAD
CROWLEY,TX 76036
CONTRACTOR
CITY SECRETARY
(S E A L)
BY: G
go TITLE
APPROVED AS TO FORM AND
LEGALITY:
ADDRESS
AIA RNEY
November 1960 _ /cY,� 10
Revised May 1986 - �,;� ti _ Confit act Aut hor i z at:i on
Revised September 1992
Date
o �1)G'TH, VEX.
SIDEWALK LOCATIONS FOR
FAR GREATER NORTHSIDE MODEL BLOCKS
CONCRETE SIDEWALK IMPROVEMENTS CONTRACT
Street Mapsco Blocks Side of Length No. of Sidewalk
Street (feet) Ramps
McKinley 62A 3100- West 961. 3
3200
Prairie 62A 3100- East 960 3
3200
Roosevelt 62A 3100- East 1050 3
3200
Rosen 61 D 3000 East 455 2
Rosen 61 D 3100 East 478 2
1
I
i
1
PERFORMANCE BOND
THE STATE OF TEXAS §
.. COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS: That we (1) B.T. CONSTRUCTION, INC. a (2)
CORPORATION of TEXAS, hereinafter call Principal, and (3) Texas Bonding Company a
corporation organized and existing under the laws of the State and fully authorized to transact business in the State
of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and
existing under the laws of the State of Texas,hereinafter called Owner,in the penal sum of:
ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED FIVE AND N0/100..........................
($114,905.00)Dollars in lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for
the payment of which sum well and truly be made,we hereby bind ourselves,our heirs,executors,administrators
and successors,jointly and severally,firmly by these presents.
THE CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain
contract with the City of Fort Worth,the Owner, dated the 17tbof July,2001 a copy of which is hereto attached
and made a part hereof,for the construction of:
FAR GREATER NORTH SIDE SIDEWALK MODEL BLOCKS CONCRETE SIDEWALK
IMPROVEMENTS
designated as Project No. (s) GR76-539120-00520-6127740, a copy of which contract is hereby attached, referred
to,and made a part hereof as fully and to the same extent as if copied at length herein,such project and construction
being hereinafter referred to as the"work".
NOW THEREFORE, if the Principal shall well,truly, and faithfully perform the work in accordance with
the plans,specifications,and contract documents during the original term thereof,and any extensions thereof which
may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands
incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense
which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in
full force and effect.
3 PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County,
State of Texas.
AND PROVIDED FURTHER,that the said Surety,for value received,hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it
does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the contract or
to the work or to the specifications.
IN WITNESS WHEREOF,this instrument is executed in 8 counterparts each one of which shall be deemed
an original,this the17 thof July,2001.
ATTEST:
B.T.CONSTRUCTION,INC.
(Principal)Secretary P7-1-
AL(4BTN
(SEAL) 10821 W.CLEBURNE ROAD
CROWLEY,TX 76036
(Address)
Texas Bonding Company
Witness as to Principal Sure
Address BY:
ATTEST (Alto y-in-fact)(5)
'adeQ ) Ray on R. Dyer
(Surety Secretary
4.09 E. Centerville Rd. , Garland, TX 75041
(Address)
(SEAL) NOTE: Date of Bond must not be
prior to date of Contract
(1) Correct Name of Contractor
(2) A Corporation,a Partnership or an
Individual,as case may be
(3) Correct name of Surety
(4) If contractor is Partnership all
Partners should execute Bond
(5) A true copy of Power of Attorney
r„ shall be attached to Bond by
Attorney-in-Fact..
Witness as✓tooSSurety
409 E. Centerville Rd. , Garland, TX 75041
(Address)
PAYMENT BOND
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS: That we (1) B.T. CONSTRUCTION, INC. a(2)Corp.
ofTarrant County, hereinafter called Principal, and (3) Texas Bonding Company , a corporation
organized and existing under the laws of the State CA and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and
existing under the laws of the State of Texas,hereinafter called Owner,and unto all person, firms,and corporations
who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the
penal sum of:
ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED FIVE AND NO/100..........................
($114,905.00)Dollars in lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for the
payment of which sum will and truly be made, we hereby bind ourselves, our heirs, executors, administrators and
successors,jointly and severally,firmly to these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
contract with the City of Fort Worth,the Owner,dated the 17 day of Ju 1y A.D.,2001,a copy of which is hereto
attached and made a part thereof,for the consideration of.:
FAR GREATER NORTH SIDE SIDEWALK MODEL BLOCKS CONCRETE SIDEWALK
IMPROVEMENTS
designated as Project No. (s) GR76-539120-00520-6127740, a copy of which is hereto attached, referred to and
made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being
hereinafter referred to as the"work".
NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make
payment to all claimants as defined in Chapter 2253,Texas Government Code, supplying labor and materials in the
prosecution of the work provided for in said Contract,then this obligation shall be null and void,otherwise it shall
remain in full force and effect.
F10
THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and
material in the prosecution of the work provided for in said Contract, as claimants are defined in said Chapter 2253,
and all such claimants shall have a direct right of action under the bond as provided in Chapter 2253, Texas
Government Code.
PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County,
Texas, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the
Y specification accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive
notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work to the
specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder whose claim shall be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each one of which shall be
deemed an original,this the 17 day of Ju lyA.D.,2001.
B.T.CONSTRUCTION,INC.
ATTEST: BY:
BY:
Title:
(Principal)Secretary 10821 W.CLEBURNE ROAD
CROWLEY,TX 76036 (SEAL)
(Address)
Texaonding _foo5ay
Witness as to Principal Sur ty
BY:
Atto ey-in-fact)(5)
Address Raymon R. Dyer
ATTES / (Address)
(Surety ecretary
409 E. Centerville Rd. , Garland, TX 75041
(Address)
(SEAL) NOTE: Date of Bond must not be prior to date
of contract
(1) Correct Name of Contractor
(2) A Corporation,a Partnership or an
_. Individual,as case may be
(3) Correct name of Surety
(4) If contractor is Partnership all
Partners should execute Bond
(5) true copy of Power of Attorney
shall be attached to Bond by
Attomey-in-Fact..
Witness as to Surety
f
(Address)
MAINTENANCE BOND
THE STATE OF TEXAS §
COUNTY OF TARRANT §
.. KNOW ALL MEN BY THESE PRESENTS: That(1)B.T. CONSTRUCTION,INC.as Principal,acting
herein by and through (2) a Corporation its duly authorized President and (3)
Texas Bonding Company a corporation organized under the laws of the State of TEXAS, as
surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth,A Municipal
Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County,
Texas the sum of
ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED FIVE AND N0/100..........................
($114,905.00)in lawful money of the United States,for the payment of which sum well and truly be made unto said
City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves,their heirs,executors,
administrators,assigns and successors,jointly and severally.
This obligation is conditioned,however;that,
WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, dated the
- 17 r_h day of July 2001, the performance of the following described public work and the construction of the
following described public improvements:
FAR GREATER NORTH SIDE SIDEWALK MODEL BLOCKS CONCRETE SIDEWALK
IMPROVEMENTS
all of same being referred to herein and in said contract as the Work and being designated as project GR76-539120-
00520-6127740 and said contract, including all of.the specifications, conditions and written instruments referred to
therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof,
the same as if set out verbatim herein;and,
WHEREAS,in said Contract,Contractor binds itself to use such materials and to so construct the work that
it will remain in good repair and condition for and during the period One (1) Year after the date of the final
acceptance of the work by the City;and
WHEREAS,said Contractor binds itself to maintain said work in good repair and condition for said term of
One(1)Year;and,
WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time
within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be
necessary;and.,
WHEREAS,said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct
said work as herein provided.
NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or
reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null
and void,and have no force or effect. Otherwise this Bond shall be and remain in full force and effect,and said City
shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract.
This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until
the full amount hereof is exhausted.
WHEREAS,all parties covenant and agree that if any legal action be filed upon this bond,venue shall lie in
Tarrant County,Texas;and,
IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each one of which shall be
deemed an original,dated July 17 ,2001.
ATTEST:
(Principal)Secretary
(Seal) B.T.CONSTRUCTION,INC.
._ PRINCIPAL(4)
BY:
Title:
10821 W.CLEBURNE ROAD
CROWLEY,TX 76036
(Address)
Witness as to Principal
Texas ndin
Sure
(Address) BY:
ATTEST: R n (Atto�e ` -fact)(5)
409 ,`CentervR e Rd. . Garland, TX 75041
' , (Address)
(SuretySecretary NOTE: Date of Bond must not be prior to
date of Contract
(SEAL)
(1) Correct Name of Contractor
(2) A Corporation,a partnership or an
"® Individual,as case may be
(3) Correct name of Surety
(4) If Contractor is Partnership all
Partners should execute Bond
(5) A true copy of Power of Attorney
shall be attached to Bond by
OIL—,aLooall_ Attorney-in-Fact.
Witness as to Surety
—
TEAS BONDING CO MF'A�'"
16300 Imperil Valley Drive, Suitt: 3611, Houston, x'extis 77060
POWER OF +�v�'+ �j�� 1�y' 1}
4L no
i'LNOW AI.LEt+T BY THESE PISI: M
That TEXAS BONDING C[]NPA@ Y, an assumed name of Americana Contractors indemnity company or the Stats: of CaJiforala,a
California corpomIion, doses hereby appoint,
Ra roaster R.Dyer.Pad -1'er „�. �■�1��� rr�� .
�+ ry laac and Tamhnl Fntrika�R"
Its true and lawful Attorney(s)-in-Fact, with Full authority to execult on its behalf bonds, undprta kings, ree 9nlzafies and other
contracts of indemnity and writings obligaton- in the natkare th=of, issued in the COW-Sas of its business and to bind the Company '
thereby, its an Amount nw to exceed S _y1500 11111ugig This Power of Attorney" shall cxpirc withoat furtlher
action on t,.,r„ r31. 1u�h
This Power of Attorney is gnanied and is executed, sealed and may be ccrtified to by fincsimile and may be revoker(, pursuant to and b%,
autlwority of resolutions adapted bw the board of Dirt:orS of the&rnpany�.at a ni=b no caalIed and held on the 14`h day sof Sepwn '�.
"aRL. L,t ED rhat tie Chre Lwcwrivr ag lc*r, P"Adent no. Vice pmVideni, E.'rr+c hva Fire '
� � xr�' pns�cfrnr, Setr�erary cr.4ss�rfrral Sa+c,�hary, shall
,hmw power and arrdiae4a- ..
i. Tai ivPoirrr ArrvxvretyfsJ-rafacr and to anrtaorarar 01071 ira exarcaeaa> on behaVgrthe Compaq% and aafiacla rhe Seal oI'AQMC-LV -
COM R4CT'ORS,5V1'7EWFT r C'atlfAYY doing be+,sfms.s under Me assumed mrarrr of TEU9'SBo, D1;1rf i COAllaANy,eherxaw, r*rarufr
acrd erndertarkmp, rorpiraos of indanrr iD.and€rlhre%mrtfngs a+ifgara;�v do the rwII 1herraf er1ad,
Ta MMtyra, a aara)'firnae, any ock Arlorne -m-iff and rrti okc the uy�harzry gn
. -
WOL.it ED P?-IR'TRE'R, rtaar rtaar sign", .rr of such aaficeis i3nd rt,.,seat gfsha C'aawapany may bar affixed is arry such pawer of or any
a~er7lfferrrae atlasting therrra ht'_ICresiMflar,acrd asi -.such power of afi
tiorniII or cencxatO bearing mch facsimile argnalums arfacsimile sect!Aral(bo Y
vrtf(d orad binding upon rhe Fommpan),cru#any sr#4'h pour act exea:uard rrrr4t cer4rie!6V fcatsimile st,grratunes�aand farsiaiails stat shall be valid and
bfndfng rdpon rho C rrm aqv"i a)aax frrrrrre 141h raespeer to any hand or aarade4aking its lkh'0f ar it a ala?a h ld "
N WITNESS WHEREOF, THE C_ONVA1w1Y has caused its corporate seal to be affixed hemp and exemted by its authonriA officor
this 141 day of5eplcmber 2000. 0-
STATE OF CA1.17I;ORNIA Andy T- Fa L. Corporate l'resida:nt
COUNT ' OF IROS ANGELES .-
-:
On September 1. 2000 before ma. Debon h fuse. a notnry *Ile', pemonmly appeared Andy Faust pe-rwnativ hnoxuto me to be the
person whose name is subscribed to the wil hin instruntrni and acknowledged to me that he executed the lanii, in his autlaorlrcd
opaciry, and ilia]by laic 5j gna lute on Llic ithstrument, that persoan, or The entity upon behalf of tvllicli lite person Qcteci, executed this
iTis:=rnent for the purposes stated therein:
WITNESS my hand and ofEciaai scala `s#
/11! �i O�F.3�7R.kH a7EE�E
C�a➢ir1 �...
Vii mr s.'W it }20
✓1,
iV&Il wy Pu#7ric--ca farn a
Deborah Ree Notay Less A,r galas�
i, JAMES H. FERGUSON. Corporate Secretary of TEXAS BONDING COMPANY, an assumcd nano of Ahrherican Conuadaass
lntleniuity Company, do berkiby certi ' (haat the Power of Attorney said the resolution adopted by the Board of Directors of said
Company as set forth above, are true and correct trrhrhscriPts tkhereof and that neiC.lter Live said Power of Allorney not the.resolution have
bcerh revoked and they' afro now ill full fence and ciTect. 3 - - -
tI"1 W ITNESS HEREi<, 1 hoose I,ereuuter SO my hand riots _eta}'of ' a— , off Id
1 [4, FERGUSON. Co rate Secsetaakry
City of Fort Worth, Texas
4voluor find Council communication
DATE REFERENCE NUMBER
7/17/01
NAME PAGE
7/17/01 **C-18670 30NORTH 1 of 2
SUBJECT AWARD OF CONTRACT TO B. T. CONSTRUCTION, INC. FOR FAR GREATER
NORTHSIDE MODEL BLOCKS SIDEWALK IMPROVEMENTS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with B. T.
Construction, Inc. for Far Greater Northside Model Blocks concrete sidewalk improvements in the
amount of$114,905.00.
DISCUSSION:
On November 28, 2000 (M&C G-13087), the City Council reallocated $203,893.30 in Far Greater
Northside Model Blocks street improvements funds, to be utilized for sidewalk construction. The streets
where the sidewalks will be constructed are as follows:
McKinley Avenue 3100 and 3200 blocks (west side of street)
Prairie Avenue 3100 and 3200 blocks (east side of street)
Roosevelt Avenue 3100 and 3200 blocks (east side of street)
Rosen Avenue 3000 and 3100 blocks (east side of street)
The sidewalk improvements will include the use of reinforced concrete sidewalk, retaining walls, curb
and gutter, driveway approach and miscellaneous items of construction as shown on the specification
details.
The project is located in COUNCIL DISTRICT 2, Mapsco 61 D and 62A.
The project was advertised for bid on April 26 and May 3, 2001. On May 24, 2001, the following bids
were received:
BIDDER AMOUNT TIME OF COMPLETION
B. T. Construction. Inc. $114.905.00 90 Calendar Days
M.A. Vinson Construction Company, Inc. $155,103.00
The contingency for possible change orders is $5,745.25.
B. T. Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 16%
M/WBE participation. The City's goal on this project is 9%.
City of Fort Worth, Texas
qVraffor And C'Oun"R coninsunication
DATE REFERENCE NUMBER LOG NAME TGE
7/17/01 **C-18670 30NORTH 2 of 2
SUBJECT AWARD OF CONTRACT TO B. T. CONSTRUCTION, INC. FOR FAR GREATER
NORTHSIDE MODEL BLOCKS SIDEWALK IMPROVEMENTS
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Read:
'JUL 17 2001
A.Douglas Rademaker 6157 (from)
GR76 539120 005206127740 $114,905.00
Additional Information Contact: city somtary of the
city of Fora Worth,Texas
A.Douglas Rademaker 6157
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FAR GREATER NORTH SIDE MODEL BLOCKS
CONCRETE SIDEWALK IMPROVEMENTS:
McKINLEY AVENUE, 3100 & 3200 BLOCKS, WEST SIDE
PRAIRIE AVE., 3100 & 3200 BLOCKS, EAST SIDE
ROOSEVELT AVE. 3100 & 3200 BLOCKS, EAST SIDE
ROSEN AVENUE, 3000 & 3100 BLOCKS, EAST SIDE
IN THE CITY OF FORT WORTH, TEXAS
PROJECT NO. GR76-539120-00520-6127740
DOE NOS. 3325,3326,3327 AND 3328
APRIL 2001
KENNETH L. BARR GARY JACKSON
MAYOR CITY MANAGER
HUGO A.MALANGA,P.E. - DIRECTOR
JOE S. TERNUS,P.E. -ASSISTANT DIRECTOR
A. DOUGLAS RADEMAKER,P.E.-DIRECTOR
DEPARTMENT OF ENGINEERING _0�.e•.�`
TRANSPORTATION AND PUBLIC WORKS DEPAR PTt
••RICHARD•J.•ZOHNE•* /%
' ......55363...... Ai
a o�;.qF
a� FS•.0/STEP
NAL
I
Approved: c6p
A. Douglas Rademaker, P.E.
Director, Department of Engineering
'tom O
Approved: r
Doo Kim, P.E.
Capital Facilities Engineer,Water Department
Approved:
George Behmanesh, P.E.
Assistant Director,Transportation and Public Works Department
AILApproved: 41-a
Je e C. Walker
.. Di ctor, Housing Department
TABLE OF CONTENTS
Part A Notice to Bidders
Special Instructions to Bidders
Part B Proposal
Vendor Compliance to State Law
Minority and Women Business Enterprise Specifications
Part C General Conditions
(See City of Fort Worth Standard Specifications For Street
and Storm Drain Construction, Part I. General Provisions)
Part D Special Provisions
Part E Specifications
Silicone Joint Sealing for Concrete Pavement
Part F Certificate of Insurance and Bonds
Certificate of Insurance
Contractor Compliance With Worker's Compensation Law
Equipment Schedule
Experience Record
Performance Bond
Payment Bond
Part G Contract
Appendix: Standard Details
Typical Construction Layout—4' Sidewalk
Special Construction Layout—5' Combination Sidewalk
10' Parkway Section
Transitions from 4' to 5' Sidewalk
Retaining Wall With Sidewalk
Transverse Expansion Joint
Driveway Approach
Sidewalk Ramp Details
Y Courtesy Notice
PART A
NOTICE TO BIDDERS
AND
SPECIAL INSTRUCTIONS TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals for the following:
.� FAR GREATER NORTHSIDE MODEL BLOCKS CONCRETE SIDEWALK IMPROVEMENTS
Owl
Bids should be addressed to Mr. Gary Jackson, City Manager of the City of Fort Worth,Texas and will
be received at the Purchasing,Office until 1:30 P.M.,Thursday,May 24,2001 and then publicly opened
and read aloud at 2:00 P.M. in the Council Chambers. Plans, Specifications and Contract Documents for
this project may be obtained at the Transportation and Public Works Department, Street Management
Section, 311 W. 10th Street,Fort Worth,Texas. One set of documents will be provided to prospective
- bidders for a deposit of$20.00,such deposit will be refunded if the documents are returned in good
condition within(10)days after bids are opened. Additional sets may be purchased on a nonrefundable
basis for twenty dollars($20.00)per set. These documents contain additional information for
prospective bidders.
Bid security is required in accordance with the Special Instruction to Bidders.
The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid
may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION
FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM
("Documentation")as appropriate is received by the City. The award of contract, if made,will be within
forty-nine(49)days after this documentation is received,but in no case will the award be made until the
responsibility of the bidder to whom it is proposed to award the contract has been verified.
Bidders are responsible fbf 6btaining all Addenda to the contract documents and acknowledging receipt
of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not
acknowledge receipt of all Addenda may be rejected as being nonresponsive. Information regarding the
status of Addenda may be obtained by contacting the Transportation and Public Works Department at
(817) 871-7910.
In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471,the City of
Fort Worth has goals for the participation of minority business enterprises and women business
enterprises in City contract. A copy of the Ordinance can be obtained from the Office of the City
Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR
WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate. The
documentation must be received no later than 5:00 PM, five(5)City business days after the bid opening
date. The bidder shall obtain a receipt from the appropriate employee of the managing department to
whom delivery was made. Such receipt shall be evidence that the documentation was received by the
1 City. Failure to comply shall render the bid nonresponsive. For additional information,contact Rick
Zohne at(817) 871-8425.
GARY JACKSON GLORIA PEARSON
CITY MANAGER CITY SECRETARY
A. Douglas Rademaker,P.E
Director,Wartment of Engineering
By:
John P.E.
Mana r,Engineering ervices
Advertising Dates: April 26,2001, May 3,2001
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 five(5%)percent of the total of the bid submitted must accompany the bid,and is
subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days
after the contract has been awarded.
To be an acceptable surety on the bond,(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(1/10)the total capital and surplus.
2. PAYMENT,PERFORMANCE,AND MAINTENANCE BONDS: The successful bidder entering into a
contract for the work will be required to give the City surety in a sum equal to the amount of the contract
awarded. In this connection,the successful bidder shall be required to furnish Performance,Payment and
.-. Maintenance Bonds,all 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 Article 5160 of the Revised Civil Statutes of Texas,as amended.
~ 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 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(1/10)of the total capital and
surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or
trusteed 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.
A Payment Bond and Maintenance Bond shall be executed,in the amount of the contract,solely for the
protection of all claimants supplying labor and materials in the prosecution of the work.
A Performance Bond shall also 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.
i 3. LIQUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the
"General Provisions"of the Standard Specifications for Street and Storm Drain Construction of the City of
Fort Worth,Texas,concerning liquidated damages for late completion of projects.
4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the
right to adopt the most advantageous construction thereof to the City or to reject the proposal.
5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No.7278 as amended by City
i►. Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in
employment practices.
•► 6. WAGE RATES: All bidders will be required to comply with provision 5159a of"Vernons Annotated Civil
Statutes"of the State of Texas with respect to the payment of prevailing wage rates as established by the City of
Fort Worth,Texas and set forth in Contract Documents for this project.
Special Instructions to Bidders Page 1 of 6
7. FINANCIAL STATEMENT: A current certified financial statement is required by the Transportation and
Public Works Department for use by the CITY OF FORT WORTH in determining the successful bidder. This
statement is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate
State Licensing Agency.
8. INSURANCE: Within ten(10)days of receipt of notice of award of contract, the Contractor must provide,
along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation
and Comprehensive General Liability (Bodily Injury-$250,000 each person, $500,000 each 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.
9. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth
will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid
submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be
required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's
principal place of business is located.
"Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a
contractor whose ultimate parent company or majority owner has its principal place of business in this state. r
"Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a
contractor whose ultimate parent company or majority owner has its principal place of business in this state.
This provision does not apply if this contract involves federal funds.
The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet
specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder.
10. MINORITY AND WOMEN BUSINESS ENTERPRISES:In accord with City of Fort Worth Ordinance No.
11923, as amended by Ordinance 13471,the City of Fort Worth has goals for the participation of minority
business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained
from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM,PRIME
CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as '^
appropriate. The Documentation must be received no later than 5:00 p.m.,five(5)City business days after the
bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department
to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City.
Failure to comply shall render the bid non-responsive.
Upon request,Contractor agrees to provide to owner complete and accurate information regarding actual work `
performed by Minority Business Enterprise(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 MBE and/or 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 initiation action under appropriate federal,state or local laws or ordinances relating to false
statement;further, any such misrepresentation(other than a negligent misrepresentation)and/or commission of
fraud will result in the Contractor being determined to be irresponsible and barred from participation in City
work for a period of time of not less than three(3)years.
Special Instructions to Bidders Page 2 of 6
Okk 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder.The City reserves the
right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the
expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR
WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate is received by
the City. The award of contract,if made, will be within forty-nine(49)days after this documentation is
received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to
award the contract has been verified.
12. PAYMENT: The Contractor will receive full payment(minus 5%retainage)from the City for all work for each
pay period. Payment of the remaining amount shall be made with the final payment,and upon acceptance of the
project.
13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt
time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be
obtained by contacting the Transportation/Public Works Department at(817)871-7800. Bids that so not
acknowledge all applicable addenda may be rejected as non-responsive.
14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
A. Workers Compensation Insurance Coverage
1. Definitions:
a..
Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-
insure issued by the commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or
TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's
employees providing services on a project,for the duration of the project.
Duration of the aroiect-includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project("subcontractor"in §406.096)-includes all persons or entities
�. performing all or part of the services the Contractor has undertaken to perform on the project,
regardless of whether that person contracted directly with the Contractor and regardless of whether that
person has employees. This includes, without limitation,independent Contractors,subcontractors,
.� leasing companies, motor carriers,owner-operators,employees of any such entity,or employees of any
entity which furnishes persons to provide services on the project. "Services"include,without
limitation,providing,hauling,or delivering equipment or materials, or providing labor,transportation,
or toner services related to a project. "Services"does not include activities unrelated to the project,
such as food/beverage vendors, office supply deliveries,and delivery of portable toilets.
2. The Contractor shall provided coverage,based on proper reporting of classification codes and payroll
y' amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code,Section 401.011 (44)or all employees of the Contractor providing services on the project,for
the duration of the project.
wh„ 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. 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.
Special Instructions to Bidders Page 3 of 6
5. The Contractor shall obtain from each person providing services on a project,and provide to the
governmental entity:
(1) a certificate of coverage,prior to that person beginning work on the project,so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project;and .r..
(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.
6. The Contractor shall retain all required certificates of coverage for the duration of the project and for
one year thereafter
7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within ten(10)days after the Contractor knew or should have known,of any change that materially
affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice,in the text,form and manner prescribed by the
Texas Worker's Compensation Commission, informing all persons providing services on the project O"
that they are required to be covered,and stating how a person may verify coverage and report lack of
coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services on a
project, to:
Ask
(a) 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 y"
project;
(b) 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
Fab.
services on the project,for the duration of the project;
(c) 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;
(d) obtain from each other person with whom it contracts,and provide to the Contractor:
(1) a certificate of coverage,prior to the other person beginning work on the project;and
(2) 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;
r
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter.
(f) notify the governmental entity in writing by certified mail or personal delivery,within ten(10)
days after the person knew or should have known,of any change that materially affects the
provision of coverage of any person providing services on the project;and
Special Instructions to Bidders Page 4 of 6
(g) 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.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor
�. is representing to the governmental entity that all employees of the Contractor who will provide
services on the project will be covered by worker's compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification codes and payroll amounts,
and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a
self insured,with the commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the Contractor to administrative,criminal,civil penalties or other
civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
B. The Contractor shall post a notice on each project site informing all persons providing services on the
project that they are required to be covered,and stating how a person may verify current coverage and
report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the
Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules.This notice
must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall
mak be in both English and Spanish and any other language common to the worker population. The text for the
notices shall be the following text, without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE"
The law requires that each person working on this site or providing services related to this construction
project must be covered by worker" compensation insurance.This includes persons providing,hauling or
1• delivering equipment or materials,or providing labor or transportation or other service related to the
project,regardless of the identity of their employer or status as an employee".
Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal
wh' requirement for coverage,to verify whether your employer has provided the required coverage, or to report
an employer's failure to provide coverage".
15. NON DISCRIMINATION:The Contractor shall not discriminate against any person or persons because of
sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as
amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting
discrimination in employment practices.
r
Special Instructions to Bidders Page 5 of 6
16. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal
government,Contractor covenants that neither it nor any of its officers,members, agents,or employees,will
engage in performing this contract, shall,in connection with the employment,advancement or discharge of
employees or in connection with the terms,conditions or privileges of their employment,discriminate against
person because of their age except on the basis of a bona fide occupational qualification,retirement plan or r
statutory requirement.
Contractor further covenants that neither it nor its officers,members,agents, or employees,or person acting on ■•
their behalf, shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum
age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational
qualification,retirement plan or statutory requirement.
Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless
against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged �.
failure to comply with the above referenced Policy concerning age discrimination in the performance of this
Contract.
17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with
Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of Oak
disability in the provision of services to the general public,nor in the availability, terms and/or conditions of
employment for applicants for employment with,or current employees of Contractor. Contractor warrants it
will fully comply with ADA's provisions and any other applicable federal state and local laws concerning
disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third
parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws
concerning disability discrimination in the performance of this Contract.
Revised March 15, 1996
MOM
Special Instructions to Bidders Page 6 of 6
PROPOSAL
TO: Mr. Bob Terrell
City Manager
.•. Fort Worth, Texas
FOR: FAR GREATER NORTH SIDE MODEL BLOCKS CONCRETE SIDEWALK
IMPROVEMENTS
Aft
Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans,
specifications and the site, understands the amount of work to be done, and hereby proposes to do all the
work and furnish all labor, equipment, and materials necessary to complete all the work as provided in
the plans and specifications, and subject to the inspection and approval of the Director of the Department
of Transportation and Public Works of the City of Fort Worth.
Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and
furnish Performance and Payment Bond approved by the City of Fort Worth for performing and
completing said work within the time stated and for the following sums, to-wit:
.r.
BASE BID
PAY APPROX. UNIT TOTAL
ITEM QUANTITY DESCRIPTION OF ITEMS PRICE AMOUNT BID
1. 1 LS UTILITY ADJUSTMENTS $500.00 $500.00
2. 2 EA PROJECT DESIGNATION SIGNS $300.00 $600.00
3. 19 SY REMOVE EXISTING $ 41,DO $ M.Dcl
CONCRETE FLATWORK
4. 100 LF REMOVE EXISTING CURB & $ -4 r5U $ -4S0- c
GUTTER
5. 100 LF STANDARD CONCRETE 7" $ 15.15 $ IISIS.DD
CURB & 18" GUTTER
6. 1 SY 4" CONCRETE SIDEWALKS $ 17.. Co _ $ AZ.00
,.,, (0' —50' Length)
7. 1 SY 4" CONCRETE SIDEWALKS $ 32_on $ 32 .00
(51' — 100' Length)
aft
Proposal B - 1
8. 1 SY 4" CONCRETE SIDEWALKS
(101' -200' Length)
.•r
BASE BID (Continued)
PAY APPROX. UNIT TOTAL
ITEM QUANTITY DESCRIPTION OF ITEMS PRICE AMOUNT BID
9. 1 SY 4" CONCRETE SIDEWALKS $ -3 $ 31.00
(201' -300' Length)
10. 2,100 SY 4" CONCRETE SIDEWALKS $ $ sti5ao.okz
(Over 300' Length)
11. 40 CY CONCRETE RETAINING WALL $ 35 O.c $ 14.000.00
WITH SIDEWALK
12. 160 SY 6" CONCRETE SIDEWALKS AT $ 1% ,150 $ 5 04o.d0
DRIVEWAYS
13. 1 TON HMAC DRIVEWAYS $ SO -60- $ SO- 00-
14.
O. OO14. 1 CY FLEX BASE DRIVEWAYS $ pbO.00 $ &0. OQ
15. 5,472 SF 6" CONCRETE DRIVEWAY $ •O o $ ses.00
APPROACH
16. 13 EA TYPE 1 CONCRETE SIDEWALK $ 00,Oa $ '�T po.00
RAMPS
17. 1 EA TYPE 3 CONCRETE SIDEWALK $ 50. on $ 50.
RAMPS
18. 26 EA WATER METER AND GROUND $35.00 $910.00
BOX ADJUSTMENTS
19. 1 EA MANHOLE ADJUSTMENTS $350.00 $350.00
~ 20. 1 EA SPRINKLER HEAD $ 5 0.0 0 $ 50 .m
ADJUSTMENTS
21. 2 EA TREE REMOVAL $ AjDO. $ $Ob.ctio
22. 2 EA TREE TRIMMING $ 250• $ S Oa•�
Proposal B - 2
Ak
E 23. 3 EA REMOVE AND RELOCATE $ 106, 00 $ Soo. 0a _
SHRUBS
BASE BID (Continued)
PAY APPROX. UNIT TOTAL
ITEM QUANTITY DESCRIPTION OF ITEMS PRICE AMOUNT BID
24. 1 LF REMOVE AND REPLACE $ S .ho $ 5.00
DRAIN LINE (VARIOUS SIZES)
25. 1 TON HMAC SIDEWALKS $ SSD• ° $ No. to
26. 25 CY TOPSOIL $ j o.bo $ Z,
TOTAL BID = $ _ 1�t�O S •
,., CONTRACTOR WILL BE SELECTED ON BASIS OF TOTAL BID
Initial locations will be provided at the Pre-Construction Conference. See Special Conditions.
The City shall have the right to increase or decrease of the extent of the work, and make changes and
alterations in the quantities and locations of work as may be considered necessary or desirable, and such
changes and alterations shall not be considered as a waiver of the conditions of the contract,nor shall
they invalidate any of the provisions thereof. The Contractor shall perform the work as increased,
` decreased, or substituted with no allowances will be made for any anticipated profits. Payment to the
Contractor for contract items will be made for the actual quantities of work done and material furnished
at the unit prices set forth in the contract.
"r THIS CONTRACT INCLUDES WORK AT SPECIFIC LOCATIONS WITHIN THE CITY OF
FORT WORTH.
Proposal B - 3
This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article
20.04 (F) of the Texas Limited Sales,Excise and Use Tax Act,
Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to
State sales taxes under House Bill 11,enacted August 15, 1991.
The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the
time of executing the contract.
The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City
Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices.
The undersigned agrees to complete all work covered by these contract documents within Ninety(90) Calendar
Days from and after the date for commencing work as set forth in the written Work Order to be issued by the
Owner and to pay not less than the"Prevailing Wage Rates for Street,Drainage and Utility Construction"as
established by the City of Fort Worth,Texas.
'~ Within ten(10) working days of receipt of notice of acceptance of this bid, the undersigned will execute the
formal contract and will deliver an approved Surety Bond and other bonds required by the Contract Documents
for the faithful performance of this Contract. The attached bid security in the amount of 5% in the sum of
Dollars($ 534S,Z.S ) is to be forfeited in the event the contract and
bond are not executed within the time set forth,as liquidated damages for delay and additional work caused
thereby.
The Bidder agrees to begin construction within 10 Calendar days after issue of the work order, and to complete
the contract within Ninety(90) Calendar Days after beginning construction as set forth in the written work order
to be furnished by the Owner.
(Uwe), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and
i►, requirements of which have been taken into consideration in preparation of the foregoing bid:
Addendum No. 1 (Initials) Addendum No. 3 (Initials) aJA V.
Addendum No. 2 (Initials) AQ'�''- Addendum No.4(Initials)--=�A. Q •
Respectfully submitted:
By:�QkQ!,C��
Address:kO 62.1 \X. C..l..VN31.4
Telephone: E) Z-91 — 4 4 O
(SEAL)
Date 5— ZZ,`O1
r Proposal B -4
PREVAILING WAGE RATES
1. CITY OF FORT WORTH
2. U.S. DEPARTMENT OF LABOR
CITY OF FORT WORTH
HIGHWAY CONSTRUCTION
PREVAILING WAGE RATE FOR 2000
CLASSIFICATION HOURLY RATE
Asphalt Raker $10.32
Asphalt Shoveler $9.75
Batching Plant Weigher $9.65
Carpenter(Rough) $13.64
Concrete Finisher-Paving $10.16
Concrete Finisher Helper(Paving) 7976'_
Concrete Finisher-Structures $13.44
Flagger $7.00
Form Builder-Structures $13.44
Form Setter-Paving &Curbs !
Form Setter-Structures $9.75
Laborer-Common 12-64-
Laborer-Utility $8.64
Mechanic $13.25
Servicer $10.13
Pipe Layer $7.35
Pipe Layer Helper $6.75
Asphalt Distributor Operator $11.45
Asphalt Paving Machine Operator $11.09
Concrete Paving Saw $10.53
Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 112 CY) LID-Q0-
Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY) $11.52
Front End Loader(2 1/2 CY& less) $9.94
Front End Loader(over 2 1/2 CY) $9.32
Milling Machine Operator $8.00
Mixer $11.00
Motor Grader Operator(Fine Grade) $12.31
Motor Grader Operator $13.75
Pavement Marking Machine $11.00
Roller, Steel Wheel Plant-Mix Pavements $9.88
Roller, Steel Wheel Other Flatwheel or Tamping $12.12
Roller, Pneumatic, Self-Propelled Scraper $8.02
Traveling Mixer $10.00
Reinforcing Steel Setter(Paving) $9.75
Truck Driver-Single Axle(Light) $8.00
Truck Driver-Tandem Axle Semi-Trailer $10.22
Truck Driver-Lowboy/Float $10.54
Truck Driver-Transit Mix $10.63
Truck Driver-Winch $9.80
WAIS Document Retrieval Page 1 of 3
GENERAL DECISION TX010045 03/02/2001 TX45
Date: March 2, 2001
General Decision Number TX010045
Superseded General Decision No. TX000045
State: TEXAS
Construction Type:
HEAVY
HIGHWAY
County(ies) :
COLLIN GRAYSON ROCKWALL
DALLAS JOHNSON TARRANT
DENTON KAUFMAN WICHITA
ELLIS PARKER
HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY.
HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES
Modification Number Publication Date
0 03/02/2001
COUNTY(ies) :
COLLIN GRAYSON ROCKWALL
DALLAS JOHNSON TARRANT
DENTON KAUFMAN WICHITA
ELLIS PARKER
SUTX2043A 03/26/1998
Rates Fringes
AIR TOOL OPERATOR $ 9.00
ASPHALT RAKER 9.55
ASPHALT SHOVELER 8.80
BATCHING PLANT WEIGHER 11.51
CARPENTER 10.30
CONCRETE FINISHER-PAVING 10.50
CONCRETE FINISHER-STRUCTURES 9.83
CONCRETE RUBBER 8.84
ELECTRICIAN 15.37
FLAGGER 7.55
FORM BUILDER-STRUCTURES 9.82
FORM LINER-PAVING & CURB 9.00
FORM SETTER-PAVING & CURB 9.24
FORM SETTER-STRUCTURES 9.09
LABORER-COMMON 7.32
LABORER-UTILITY 8.94
MECHANIC 12. 68
OILER 10.17
SERVICER 9.41
PAINTER-STRUCTURES 11.00
PIPE LAYER 8.98
BLASTER 11.50
ASPHALT DISTRIBUTOR OPERATOR 10.29
ASPHALT PAVING MACHINE 10.30
BROOM OR SWEEPER OPERATOR 8.72
BULLDOZER 10.74
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WAIS Document Retrieval Page 2 of 3
CONCRETE CURING MACHINE 9.25
CONCRETE FINISHING MACHINE 11.13
CONCRETE PAVING JOINT MACHINE 10.42
CONCRETE PAVING JOINT SEALER 9.00
CONCRETE PAVING SAW 10.39
CONCRETE PAVING SPREADER 10.50
SLIPFORM MACHINE OPERATOR 9.92
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL 11.04
FOUNDATION DRILL OPERATOR
CRAWLER MOUNTED 10:00
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED 11.83
FRONT END LOADER 9. 96
MILLING MACHINE OPERATOR 8.62
MIXER 10.30
MOTOR GRADER OPERATOR
FINE GRADE 11. 97
MOTOR GRADE OPERATOR 10.96
PAVEMENT MARKING MACHINE 7.32
ROLLER, STEEL WHEEL PLANT-MIX
PAVEMENTS 9.06
ROLLER, STEEL WHEEL OTHER
FLATWHEEL OR TAMPING 8.59
ROLLER, PNEUMATIC, SELF-PROPELLED 8.48
SCRAPER 9. 63
TRACTOR-CRAWLER TYPE 10.58
TRACTOR-PNEUMATIC 9.15
TRAVELING MIXER 8.83
WAGON-DRILL, BORING MACHINE 12.00
REINFORCING STEEL SETTER PAVING 13.21
REINFORCING STEEL SETTER
STRUCTURES 13.31
STEEL WORKER-STRUCTURAL 14 .80
SPREADER BOX OPERATOR 10.00
WORK ZONE BARRICADE 7.32
TRUCK DRIVER-SINGLE AXLE
LIGHT 8.965
TRUCK DRIVER-SINGLE AXLE
HEAVY 9.02
TRUCK DRIVER-TANDEM AXLE
SEMI TRAILER 8.77
TRUCK DRIVER-LOWBOY/FLOAT 10.99
TRUCK DRIVER-TRANSIT MIX 9.47
TRUCK DRIVER-WINCH 9.00
VIBRATOR OPERATOR-HAND TYPE 7.32
WELDER 11.57
Aft
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 DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
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WAIS Document Retrieval Page 3 of 3
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
.�, Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
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
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
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'°Federal labor Standards Provisions u_& °iplibr`""" Of `O`"IN
and Urban Devebpment
the Project or Program to which the construction work covered by this HUD or its designee shall refer the questions,including the views of all
contract pertains is bung assisted by the United States of America and the interested parties and the recommendation of HUD or its designee,to the
0aaalbollowing Federal labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre-
ursuanl to the provisions applicable to such Federal assistance, sentative,will issue a determination within 30 days of receipt and so advise
A.1.m Minirmurn Wages.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day
upon the site of the work(or under the Unitect d States Housing Aof period that additional time is necessary.(Approved by the Office of Man-
g37 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.)
f the projecO,will be pard unconditionally and not less~than once a (d)The wage rate(including fringe benefits where appropriate)
week and wMout subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1)(b)or(c)of this paragraph.shall
^uch payroll deductions as are permitted by regulations issued by this be paid to all workers performing work in the classification under this con-
ecretary of Labor under the Copeland Act(29 CFR Part 3),the full amount tract from the first day on which work is performed in the classification.
wages and bona fide fringe benefits(or cash equivalents thereof)due at (N)Whenever the minimum wage rate prescribed in the contract for a
,*me of payment computed at rates not less than those contained in the Gass of laborers or mechanics includes a hinge benefit which is not
.rage determination of the Secretary of Labor which is attached hereto and expressed as an hourly rate,the conbwctor shall either pay tfine benefit as
rade a part hereof.regardless of any contractural relationship which may stated in the wage delerrnination or shall pay another bona fide fringe
alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof.
mechanics.Contributions rhade or costs reasonably anticipated for bona (hn)if the contractor does not make payments to a trustee or other third
fide hinge benefits under Section l(bo of the Davis-Bacon Act on behalf person,the contractor may consider as part of the wages of any laborer or
Am%laborer or mechanics are considered wages paid to such laborer or mechanic the amount of any costs reasonably anticipated in providing
echanics,subject to the provisions of 29 CFR'5.5(axlxiv):also,regular bona fide hinge benefits under a plan or program,Provided.That the
.ontributions made or costs incurred for more than a weekly period(but Secretary of labor has found.upon the written request of the contractor.
less otters than quarterly)under plans.funds,or programs,which cover that the applicable standards of the Davis-Bacon Act have been met The
e particular weekly period,are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate
IF cuffed during such weekly period. account assets for the meeting of obligations under the plan or program.
Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control
^rid fringe benefits on the wage del r mination fol the classification of work Number 1215-0140.)
;tually performed,without regard to skill,except as provided in 29 CFR 2.WlM>fm kilrog.HUD or its designee shall upon its own action or upon
art 5.5(ax4)_Laborers or mechanics performing work in more than one written request of an autiionzed representative of the Department of Labor
ow4assifitartion may be compensated at the rate specified ler each classifica- withhold or cause to be withheld from the contactw under this contract of
.,on for the time actually worked therein:Provided,That the employer's pay- any other Federal contract with the same prime contractor,or any other
^I records accuraby set birth the time spent in each classification in Federally-assisted contract subject to Davis-Beton prevailing wage
hich work is performed.The wage determination(including any additional requirements,which is held by the same prime contractor so much of the
;assification and wage rates conformed under 29 CFR Part 5.5(ax1)(i)and accrued payments or advances as may be considered necessary to Pay
,,j4e Davis-Bacon poster(WH-1321)shall be posted at all times by the cors- laborers and mechanics,including apprentices,trainees and helpers.
actor and its subcontractors at the site of the work in a prominent and employed by the contractor or any subcontractor the full amount Of wages
;cessibiq place where it can be easily seen by the workem required by the contract.In the event of failure to pay any laborer or
(Ii)(a)Any elm of laborers or mechanics which is not listed in the mechanic,including any apprentice,trainee or helper,employed or working
/atl;age determination and which is to be empkyyed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or
a classified in conbrmance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the
an additional classification and
prove wage rate and hinge benefits project),all or part d the wages required by the contract HUD or its desig-
sfinerefore only when the following criteria have been met nee may,after written notice to the contractor,sponsor,applicant,or owner.
(1)The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any
erformed by a classification in the wage determination;and further payment advance,or guarantee Of funds until such violations have
(2)The classification is utilized in the area by the construction ceased.HUD or its designee may,after written notice to the contractor,dis-
~usby,and burse such amounts withheld for and on account of the contractor or sub-
(3)The proposed wage rate,including any bona fide hinge bene- contractor to the respective employees to whom they are due.The COMP-
bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct
age determination. Davis-Bacon Aa contracts.
(b)It the contractor and the laborers and mechanics to be employed 3.m Payroas and basic records.Payrolls and basic records relating
/aQ the classification(H known),or their representatives,and HUD or its thereto shall be maintained by the contractor during the course Of the work
esignee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and
A* asignated for hinge benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States
aken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949,in the construction
,c;Hour Division,Employment Standards Administration,U.S.Department or development of the project).Such records shall Vntain the name,
Labor,Washington,D.C.20210.The Administrator,or an authorized address,and social security number of each such worker,his or her cor-
-presentative.will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contribu-
,,wtion action within 30 days of receipt and so advise HUD or its designee tions or costs anticipated for bona fide hinge benefits or cash equivalents
it will notify HUD Or its designee within the 30-day period that additional thereof of the types described in Section 1(bx2XB)of the Davis-b:con Act),
/ me is necessary.(Approved by the Office of Management and Budget daily and weekly number of hours worked,deductions made and actual
_nder OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5
(c)in the event the contractor,the laborers or mechanics to be (axt xiv)that the wages of any laborer or mechanic include the amount of
,,pigfrmployed in the classification or their representatives,and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro-
esgnee do not agree on the proposed classification and wage rate gram described in Section 1(b)(2XB)of the Davis-Bacon Act the contractor
vncluding the amount designated for fringe benefits,where appropriate), shall maintain records which show that the commitment to provide such
T.Convacle terrninatlon;debarment.A breach of the contract clauses in pensation at a rate not less than one and one-hall times the basic rate of
29 CFR 5.5 may be grounds for termination of the contract and for debar- pay for all hours worked in excess of eight hours in any calendar day or in
rrient as a contractor and a subcontractor as provided in 29 CFR 5.12. excess O1 forty hours in such workweek.whichever is greater.
8.Compliance with Davis-Bacon and Related Act Requirements.All rul- (2)Violation-,liability for unpaid wages,liquidated damages.In the
ings and interpretations of the Davis-Bacon and Related Acts contained in event o1 any violation of the clause set forth in subparagraph(1)of this =
29 CFR Parts 1,3,and 5 are herein incorporated by reference in this paragraph,the contractor and any subcontractor responsible lherelor shall
contract. be Fable for the unpaid wages.In addition.such contractor and subcon-
9.Disputes concerning labor standards.Disputes arising out of the labor tractor shall be Fable to the United States(in the case of work done under
standards provisions of this contract shall not be subject to the general contract for the District of Columbia or a territory.to such District or to such
disputes clause of this contract.Such disputes shall be esolved in accor- territory),for liquidated damages.Such liquidated damages shall be com-
dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individual laborer Or mechanic.including
Parts 5,6.and 7.Disputes within the meaning o1 this clause include dis- watchmen and guards.employed in violation of the clause set forth in sub-
putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)o1 this paragraph,in the sum of 310 for each calendar day on
designee.the U.S.Department of Labor,or the employees or their which such individual was required or permitted to work in excess of eight
representatives. hours Or in excess of the standard workweek of forty hours without pay-
10.n Certification of EBgibility.By entering into this contract the con- ment of the overtime wages required by the clause set forth in subpara-
tractor certifies that neither it(nor he or she)nor any person or firm who graph(1)of this paragraph.
has an interest in the contractor's firth is a person or firm ineligible to be (3)WithholditV for unpaid wages and liquidated damages-HUD or its
awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an autho-
Bacon Act or 29 CFR 5.12(ax1)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold Or cause to be
pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the �-
(H)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal
ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract or any other Federally-assisted con-
the Davis-Bacon Act or 29 CFR 5.12(axt)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards ACL which
or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined to
(iii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor
Criminal Code,18 U.S.C.1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set
1010.Title 18.U.S.C.,"Federal Housing Administration transactions".pro- forth in subparagraph(2)of this paragraph.
vides in part-Whoever,for the purpose of. . .influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any
action of such Administration. makes,utters or publishes any statement subcontracts the clauses set forth in subparagraph(1)through(4)o1 this fi
knowing the same to be false. shall be fined not more than$5,000 or paragraph and also a clause requiring the subcontractors to include these
imprisoned not more than two years.or both" clauses in any lower tier subcontracts.The prime contractor shall be
11.Complaints,Proceedings,or Testimony by Employs".No laborer or responsible for compliance by any subcontractor or lower tier subcontrac- �.
mechanic to whom the wage.salary,or other labor standards provisions o1 for with the clauses set forth in subparagraphs(1)through(4)o1 this
this Contract are applicable shall be discharged or in any other manner paragraph.
discriminated against by the Contractor or any subcontractor because such C.H"Ith and Safety
employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall be required to work in surroundings
any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary.Wardous,or danger-
under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and
his employer. health standards promulgated by the Secretary of Labor by regulation.
B Contract Work Hours and Safety Standards Act As used in this para- (2)The Contractor shall comply with all regulations issued by the
graph,the terms"laborers"and"mechanics"include watchmen and Secretary o1 Labor pursuant to Title 29 Part 1926(formerly part 1518)and
guards. failure to comply may result in imposition of sanctions pursuant to the Con
(1)Overtime requirements.No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public Law 91-54.83 Stal 96). '*4
for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions o1 this Article in every
ment of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor
mechanic in any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any subcontract as
to work in excess of eight hours in any calendar day or in excess of forty the Secretary of Housing and Urban Development or the Secretary of La
hours in such workweek unless such laborer or mechanic receives com- shall direct as a means of enforcing such provisions. +4
F ala
f�
f�
HUD-4010(2-841
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
PUBLIC FACILITIES AND IMPROVEMENTS
CDBG CONSTRUCTION GUIDELINES
The use of Community Development Block Grant(CDBG) funds in whole or part for
construction of a public building must follow the federal regulations for CDBG.
PRE-CONSTRUCTION STAGE
A. Clearance and Wage Rates (Initiated by Project monitor, IAGM)
1. Obtain Environmental Assessment from City Planning Department to
determine if flood plain, effect on community, etc.
2. Obtain Qualified Service Area documentation from City Planning
_ Department to determine at least 51% of residents in service area of
building are low and moderate-income persons.
3. Contract Compliance Specialist will request wage determination from
HUD to meet Davis-Bacon Act(Description of work needed from project
manager)
4. Provide cost estimate and source of funds for construction.
5. Project Manager from City Department will notify IAGM when project
design is completed.
6. At least ten days before the bid opening, IAGM will verify wage rates and
notify the appropriate project manager if there is possibly a modification.
B. Bid Process
1. Bid Document needs to include:
The Contractor's Packet
• Wage rates required by Davis-Bacon Act and predetermined by
Department of Labor per job classification. In the case of contracts
entered into pursuant to competitive bidding procedures bid
opening locks in wage decision. The contract must be signed
within 90 days after the bid opening, if not signed within that
period a new decision will go into effect, if the Contractor does not
agree to the new decision the bidding process must start over.
• HUD contract requirements
• Specifications of construction work
• Project sign design with CDBG identified as a funding source to be
posted in front of building being constructed.
i 2. Pre-bid conference may be held to address potential contractor questions,
if so, it must be stated in the bid advertisement and provide place and time.
3. Bid advertisement needs to state time and place bids will be opened.
4. Request for bids must be advertised 2 consecutive weeks—at least one
week in newspaper of general circulation.
5. Project monitor to attend bid opening
IAGM I
Last revised May/00
C. Contract between Contractor and City of Fort Worth(#t-s deal mostly With hosing projects) 3
1. A written contract with the City will be completed prior to the
disbursement of money. The contract will remain in effect during any
period that the agency has control over CDBG funds.
2. A lien will be placed on property over a period to be determined by the
City(minimum of 5 years after expiration of the contract).
3. If during the lien period the facility ceases to meet a CDBG national
objective or eligible activity, the City must be reimbursed at Fair Market
Value of the building, less any portion of the value attributable to the
expenditure of non-building, less any portion of the value attributable to
the expenditure of non-CDBG funds for acquiring of, or improvement to,
the property.
4. Contractor selected must obtain liability and workers compensation
insurance.
5. Contractor selected must obtain performance bond.
CONSTRUCTION STAGE
A. Pre-Construction conference
1. Contractor is responsible for sub-contractor compliance with HUD
regulations.
2. Must be held to review federal requirements and submission of payroll
documentation on a weekly basis to IAGM.
3. Building must provide handicap accessibility(wheelchair ramps, elevators
and bathrooms).
4. Monitoring site-visits and wage interviews will be conducted by project
monitor.
5. Project monitor must ensure that contractor has not been debarred before
the start of work.
6. Contractor Information and Section 3 attachments must be sent to monitor
with seven days after being received.
B. Construction
1. Submit Start of Work Notice
2. Submit Section 3 Attachments
3. Workers must be paid weekly
4. Submit weekly certified payrolls(number payrolls)
5. Post Wage decision, EEO,Department of labor wage info.
C. End of Construction
1. Submit End of Work Form
2. Retain all information related to project for five years
IAGM 2
Last revised May/00
Project Closeout
1. Audit by City staff
This outline represents the requirements for construction or rehabilitation projects.
We look forward to working closely with you to facilitate the implementation of
these requirements for federally funded construction projects.
Please feel free to call us at any time,
Tamika Barr (817) 871-8365
Finance Department,Intergovernmental Affairs and Grants Management
IAGM 3
Last revised May/00
City of Fort Worth
Intergovernmental Affairs and Grants Management (IAGM)
Community Development Block Grant (CDBG) Funded
Construction Projects
Table of Contents
PAGE
I. Pre-Construction Conference Minutes .............................................................. 1 -3
II. Contractor/Sub Information Forms ................................................................. 4-5
III. Start of Construction Form................................................................ ............ 6
IV. Construction Complete Form........................................................................... 7
V. City of Ft.Worth Finance Department,Affirmative Action Plan: ............................ 8-22
Section 3 of the Housing and Urban Development Act of 1968
A. Section 3 Attachment Forms
v 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
a 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 North
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 Form Receipt
CONTRACTOR AND Complete and Return PRIME IAGM Monitor
Certification and SUBCONTRACTORS Within Seven(7)Days of
Acknowledgement Form Receipt
U.S. Department of Housing CONTRACTOR AND Complete and Return PRIME IAGM Monitor
and Urban Development SUBCONTRACTORS Within Seven(7)Days of
• Certification of Bidder Receipt
a 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 fust 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
payroll,such as computerized reports to IAGM. Number the payroll reports
formats,as long as it has all of beginning with# I Initial
the information that is required and clearly mark your last
on the WH-347. payroll"Final."
U.S.Department of Labor CONTRACTOR AND Attach to the weekly payroll PRIME IAGM Monitor
Statement of Compliance SUBCONTRACTORS with original signature
Form
CONTRACTOR AND Required when employee is PRIME IAGM Monitor
SUBCONTRACTORS used in more than one
classification,and specify
Employees Statement of different rates of pay during
Work Verification Form any payroll period
EMPLOYEES MUST Only one employee PRIME IAGM Monitor
AUTHORIZE ALL authorization is needed for
DEDUCTIONS recurring deductions.This
should accompany the
Payroll Deduction FIRST payroll on which the
Authorization Form deduction appears
U.S.Department of HUD SUBCONTRACTOR Before start of work PRIME IAGM Monitor
Community Block Grant
— Input Subcontractor's
Certification Concerning
Labor Standards and
Prevailing Wage
Requirements Form
NOTICE TO ALL 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
Project Designation Sign MUST POST construction
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
A. NUMBER
f
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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.
r,.
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.
f 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 g
that of owner,partner,officer of authorized individual,and must be an original ink signature. It is suggested that
blue ink be used. The certification dates must cover the seven (7) day period. "A CERTIFICATION FROM
CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES"
form must be submitted.
The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and
mechanics employed upon the work covered by this contract are to be maintained during the course of work and
preserved for a period of three years thereafter.
Liquidated damages will be assessed for failure to pay overtime. The assessment amount is$10 per day per
violation. Overtime begins on this project after 40 hours per week. Additionally,wage restitution must be paid to
any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the
prescribed hourly rate of pay.
Employees must be classified and paid according to the classifications and rates prescribed by the applicable
wage decision. The decision which is applicable to this project is . The wage decision must be posted
at the construction site along with required posters for the duration of construction activity. Any classification
2
M
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
Greg Jordan/Tamika Barr
1000 Throckmorton Street
Fort Worth, Texas 76102
DATE (817) 871-8387
3
CONTRACTOR INFORMATION
Date
PROJECT:
1. Contractor:
2. Address:
3. City:
4. Telephone: Fax:
5. Federal I.D. #:
6. Officers of the Corporation:
President: Racial/Ethnic Ownership'.
-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):
k
1
I certify at the time of execution, hereof, neither my company nor my corporate officers (if
incorporated) are listed in the list of Debarred, Suspended, and Ineligible Contractors maintained by
the Department of Housing and Urban Development (HUD).
Signature
r4%
4 ��
SUBCONTRACTOR INFORMATION
(To be completed by contractor)
- ate
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
4-Hispanic American
5 -Asian/Pacific American
6-Hasidic Jew
5
START OF CONSTRUCTION
(Date) y
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) (Cit)/Town)
has started work on the above referenced project covered by our
(State) (Zip)
i�
contract with you, as of
(Date)
Respectfully yours,
(Name of Company)
By s
(Signature) ,
(Title)
00
6
CONSTRUCTION COMPLETE
Project Name:
Project Location:
Project Number:
U.S. Department of Labor Wage Decision:
This is to inform you that the
(Name of Company)
of ,
(Address) (City/Town)
has terminated work on the above referenced project covered by our
(State) (Zip)
contract with you, as of
(Date)
Respectfully yours,
(Name of Company)
By
-p (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
a�
1. Summary Explanation and Purpose:
Section 3 of the Housing and Urban Development Act of 1968, as amended, ("Section 3")
is binding upon the City of Fort Worth, ("the City") and its Contractor in all projects using
Community Development Block Grant(CDBG) funds. Any Contractor of CDBG funds, from
whatever source, is bound by Section 3.
The two primary purposes of Section 3 are(1)to encourage the use of small, local and
minority businesses as suppliers of goods and services, and(2)to encourage the use of local,
minority and lower income persons as trainees and employees. Section 3 requires that good faith
efforts be made to achieve these purposes.
This plan sets forth the procedures which will be followed by the City of Fort Worth's Fiscal
Services Department, Intergovernmental Affairs and Grants Management Division("IAGM") and all
its CDBG Contractors to accomplish these purposes. Specific regulations governing Section 3 are
set out in 24 CFR 135. -
2. Geographical Applicability:
For the Community Development Block Grant Program, Section 3 is applicable to all
activities taking place within the corporate limits of the City of Fort worth,Texas. Within this
"Section 3 covered area"; the IAGM Target areas are considered priority areas. The Target areas
include the following 1990 census tracts/block group numbers:
1001.01/1, 1001.01/3, 1001.01/4, 1001.01/6, 1001.02/4, 1001.02/5, 1001.02/6, 1002.01/1,
1002.01/2, 1002.01/3, 1002.01/4, 1002.02/1, 1002.02/2, 1002.02/3, 1002.02/4, 1002.02/5,
1003/1, 1003/2, 1003/3, 1003/4, 1003/5, 1003/6, 1004/1, 1004/2, 1004/3, 1004/4, 1004/5,
1004/6, 1005.01/1, 1005.01/2, 1005.01/3, 1005.01/4, 1005.01/5, 1005.01/6, 1005.02/1,
10
City of Fort Worth Affirmative Action Plan
1005.02/2, 1005.02/3, 1005.02/4, 1005.02/6, 1005.02.7, 1006.02/2, 1006.02/3, 1007/1,
1007/2, 1007/3,1007/5, 1008/1, 1008/2, 1008/3, 1008/4, 1008/5, 1009/1, 1009/2, 1009/3,
1010/1, 1010/2, 1011/1, 1011/2, 1011/3, 1011/4, 1012.01/1, 1012.01/2, 1012.02/2, 1012.02/3
1012.02/4, 1012.02/5, 1012.02/6, 1013.01/4, 1013.02/2, 1013.02/3, 1013.02/4, 1014.02/1,
1014.02/2, 1014.02/3, 1014.02/4, 1014.03/2, 1014.03/3, 1014.03/4, 1014.03/5, 1014.03/6,
1014.03/7, 1015/2, 1015/3, 1015/5, 1016/1, 1016/2, 1017/1, 1017/2, 1017/3, 1018/1, 1018/2,
1020/1, 1020/2, 1021, 6, 1021/7, 1023.01/1, 1023.01/2, 1023.01/3, 1023.01/4, 1023.02/4,
1023.02/5, 1024.01/4, 1024.01/5, 1024.01/6, 1025/1, 1025/2, 1025/3, 1025/4, 1025/5,
1025/6, 1026/4, 1026/6, 1026/7, 1026/8 1027/1, 1027/2, 1028/1, 1029/1, 1029/2, 1029/3,
1030/1, 1030/2, 1030/3, 1031/1, 1032/1, 1033/1, 1033/2, 1033/3, 1033/4, 1034/1, 1034/2,
1034/3, 1035/1, 1035/2, 1035/3, 1035/4, 1035/5, 1035/6, 1035/7, 1036.01/1, 1036.01/2,
1036.01/3, 1036.01/4, 1036.02/2, 1037.01/1, 1037.01/2, 1037.01/3, 1037.01/4, 1037.02/1,
1037.02/2, 1037.02/3, 1038/1, 1038/2, 1038/3, 1038/4, 1038/5, 1038/6, 1039/1, 1039/2,
1039/3, 1040/1, 1040/2, 1040/3, 1041/1, 1041/2, 1041/3, 1041/4, 1041/5, 1041/6, 1042.02/5,
1043/2, 1043/3, 1043/4, 1043/5, 1044/1, 1044/3, 1044/4, 1044/7, 1045.01/1, 1045.01/2,
1045.01/3, 1045.01/4, 1045.01/5, 1045.01/6, 1045.01/7, 1045.01/8, 1045.02/1, 1045.02/2,
1045.02/3, 1045.03/1, 1045.03/2, 1046.01/2, 1046.01/3, 1046.01/4, 1046.01/5, 1046.02/1,
1046.02/2, 1046.02/3, 1046.02/4, 1046.03/1, 1046.03/2, 1046.03/3, 1046.04/1, 1046.04/2,
1046.04/3, 1046.05/3, 1046.05/5, 1047/1, 1047/2, 1047/3, 1047/4, 1047/5, 1047/6 1048.01/1,
1048.01/2, 1048.01/3, 1048.01/4, 1048.01/5, 1048.01/6, 1048.01/7, 1048.01/8, 1048.02/1,
1048.02/2, 1048.02/3, 1048.02/4, 1050.01/1, 1050.01/2, 1050.01/3, 1050.01/4, 1050.01/5,
1050.05/2, 1050.06/1, 1050.06/2, 1051/5, 1052.01/1, 1052.01/2, 1052.01/4, 1052.02/1,
1052.02/2, 1053/1, 1055.02/1, 1055.02/8, 1055.05/1, 1056/2, 1057.03/3, 1058/1, 1058/2,
1058/5, 1059/2, 1059/3, 1059/5, 1060.01/1, 1060.02/1, 1060.04/2, 1061.01/2, 1061.02/,
1061.02/2, 1062.01/1, 1062.01/2, 1062.01/3, 1062.01/4, 1062.02/1, 1062.02/2, 1062.02/3,
1062.02/4, 1063/2, 1063/3, 1064/1, 1064/2, 1065.03/3, 1065.06/2, 1065/06/3, 1065.06/4,
1065.08/2, 1065.08/4, 1065.09/1, 1065.10/4, 1065/11/4, 1065.12/2, 1066/1, 1105/4,
1110.07/4, 1113/01/2, 1135.06/7,1141.01/4
3. Applicability to Businesses:
Businesses which are at least fifty-one percent(51%) owned by socially or economically
disadvantaged persons who reside in the Section 3 covered area and which qualify as small
A 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
on
City of Fort Worth Affirmative Action Plan
1. Procedures
All contractors will provide a completed copy of Attachment D, "Statement of Release
prior to signing any contract for a project using CDBG monies. Each Contractor selected will be
bound by Section 3 requirements,including the submission of all relevant documentation required
by this plan. Contractors will be held responsible for the Section 3"activities of their subcontractors.
When competitive bids are solicited,the contractor will notify bidders of Section 3
requirements. Each contractor will make a good faith effort to issue invitations to bid to Section 3
Y 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
m 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 § 135.38
In the event a CDBG Contractor wishes to subcontract any portion of a project utilizing
CDBG monies, the written prior approval of IAGM must be obtained. Furthermore,the following
paragraphs must be included in each subcontract:
13
t
City of Fort Worth Affirmative Action Plan
A. The work to be performed under this Contract is subject to the requirements of section
3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701 u
(section 3). The purpose of section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by section 3,
�I 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
f 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).
;' £PARTT• IZRINGTRAINE S� �
E NDE PEES
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
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City of Fort Worth Affirmative Action Plan
qualifications are satisfactory and the Contractor has an opening. If the Contractor does not have an
opening, the individual will be listed for the first available opening.
If applicant qualifications are equal, lower income persons will be given preference in hiring.
An exception will be made when a Section 3 covered project must also meet the requirements of
Executive Order 11246. In this case,when qualifications are equal, minority persons will be given
first preference in hiring. The City will require applicants claiming to be lower income to state their
family income at the time of application.
2. Good Faith Efforts:
A Contractor may show good faith efforts to hire lower income individuals by:.
(1) confirming with the Department of Housing and Urban Development's Regional
Administrator,Area Office Director, or FHA Insuring Office Director, the
geographical Section 3 covered area for the Contractor's specific project; and
(2) using local media,project area community organizations, local public and private
institutions, and/or signs placed at the proposed project site to recruit lower income
applicants for training and employment positions with the project.
L
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.
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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. 1AGM
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 decision reached. The grievance may be dismissed or sanctions may be applied,
as appropriate.
3. Sanctions:
Failure or refusal to comply with or give satisfactory assurances of future compliance with
the requirements of Section 3 shall be the proper basis for applying sanctions. Any or all of the
following actions may be taken, as appropriate: cancellation, termination, or suspension in whole or
in part of the contract or agreement; determination of ineligibility or debarment from any further
assistance or contracts under this program until satisfactory assurance of future compliance has been
received; referral to the Department of Justice for appropriate legal proceedings.
17
Y
City of Fort Worth Affirmative.Action Plan
Minority/Women Business Enterprise
It is the policy of the City of Fort Worth to involve Minority/Women Business Enterprises in all
phases of its procurement practices and to provide them equal opportunities to compete for contracts
for construction, professional services,purchases of equipment and supplies,-and provision of other
services required by the City.
The City operates the Minority/Women Business Enterprise(M/WBE)office to assist in the
location and certification of Section 3 covered businesses. A list of M/WBE businesses that have
been certified by the City of Fort Worth will be provided to you upon request. If you need to secure
services or supplies,please contact the City's M/WBE office:
CITY-OF FORT WORTH
M/WBE OFFICE -�
1000 THROCKMORTON
FORT WORTH,TX 76102
(817) 871-6104
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A:\C SECTION 3-AFFIRMATIVE ACTION PLAN.DOC
City of Fort Worth Aff rmative Action Plan
SECTION 3 ATTACHMENTS
{ Please Complete and Return Within Seven ('n Days
5/00
19
A:\C 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-i
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
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AX SECTION 3-AFFIRMATIVE ACTION PLAN.DOC
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
CTT1Ci NR 'VGACTIONPLAN.DOC
M 1 s !