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Contract 35146
CITY SECRETARY CONTRACT NO. O r�■ u C'.u658 COAuy 2&TW �T * +� SPECIFICATIONS CITY SECRETARY AND D.O.E. FILE CONTRACT DOCUMENTS FOR CONTRACTOR'S BONDING CO. CONSTRUCTION'S COPY CLIENT DEPARTMENT PROJECT NAME PROJECT NUMBER D.O.E. NO. Eugene McCray Community GR 76/541600/080206771930 5028 Center Parking Expansion IN THE CITY OF FORT WORTH TEXAS MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER RANDLE HARWOOD,ACTING DIRECTOR PARKS AND COMMUNITY SERVICES _ PARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION FUNDING OF PROJECT BY Community Development Block Grant — August 2006 — �. UM C}It� TH VMVWXFW"#tS0M- Horne I Council Agenda I M&C I Employee Directory I Morning Report I Ads I PRS J IT Online I Departments I Site Map Print M&C _.._. _...__................._..___ COUNCIL ACTION: Approved on 2/20/2007 DATE: 2/20/2007 REFERENCE NO.: **C-21978 LOG NAME: 80MCCRAYPARK CODE: C TYPE: CONSENT PUBLIC HEARING:NO SUBJECT: Authorize Reallocation of Community Development Block Grant Year XXVI Surplus Funds and Authorize Execution of Construction Contract with Advanced Paving Company for the Eugene McCray Community Center Parking Expansion RECOMMENDATION: It is recommended that the City Council: 1. Authorize the reallocation of Community Development Block Grant (CDBG) Year XXVI surplus funds in the amount of$29,000 to the Eugene McCray Community Center project; and 2. Authorize the City Manager to execute a contract with Advanced Paving Company in the amount of $79,935.30 for parking expansion at Eugene McCray Community Center. DISCUSSION: On April 13, 2004, (M&C G-14337) the City Council approved the reallocation of CDBG Year XXVII funds from the Mosier Valley Parkland Acquisition and Development Project in the amount of$150,000 for improvements at Eugene McCray Community Center, Eugene McCray Park at Lake Arlington, Martin Luther King Park and Pate Park. Of the $150,000, $76,500 was allocated for parking lot expansion at Eugene McCray Community Center. In addition to the $76,500 from CDBG Year XXVII funds, there is a remaining balance of$29,000 in CDBG XXVI funds left after the completion of the Shackleford Park Trail Project. City staff recommends the transfer of this remaining balance to the Eugene McCray Community Center parking lot expansion bringing the total budget for this project to $105,500. A significant number of the users within 1 1/2 mile service radius travel by vehicle to the facility. On Mondays, Tuesdays, Thursdays and Saturdays, there are approximately 150 people in the building concurrently for classes and/or youth sports events. At present, the parking lot can accommodate 40 vehicles. On average 20 cars are parked along Wilbarger Street and Village Creek road daily. As a result, additional parking spaces are needed to provide for increased safety by providing space for vehicles currently being parked on the street and to address continued growth of center activities. When this project is complete there will be a total of 70 parking spaces. Engineering design and preparation of construction documents for the Eugene McCray Community Center parking lot expansion was performed by Boydston Designs, Inc., for $16,300. The invitation to bid was advertised in the Commercial Recorder on August 10 and 17, 2006. On September 14, 2006 the following bids were received: Name Base Bid Alt Bid #1 Alt Bid #2 Total Advanced Paving Co. $126,979.33 $9,000.00 $7,158.00 $143,137.33 2L Construction $144,278.63 $6,672.61 $5,148.70 $156,099.94 Based on Decreased Quantities Advance Paving Co. $79,935.30 2L Construction $101,838.92 Bids received exceeded the budgeted project funds. Therefore quantities were decreased pursuant to the City's express right contained in the bid documents. Advanced Paving Company remains the lowest responsible bidder after calculating unit prices with the reduced quantities and will perform the work within 45 Working Days. The initial project scope provided for the construction of a 37 stall asphalt parking expansion while the reduced project scope provides for a 30 stall asphalt parking expansion. Additionally, in accordance with Federal funding requirements, a 30 day public comment period was held from November 29, 2006 through December 28, 2006 regarding the reallocation of CDBG funds. No citizen comments were received. In addition to the contract amount, associated contingency costs for construction management/inspection (5 percent) and potential Change Orders (5 percent) amounts to $7,993.00. Advanced Paving Company is in compliance with the City's M/WBE Ordinance by committing to 11 percent DBE participation. The City's goal on this project is 10 percent. - Construction at Eugene McCray Community Center is anticipated to begin in March 2007 with completion by mid May 2007. Eugene McCray Community Center is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grant Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 541600 080206132730 $29.000.00 GR76 541200 080206132210 $29,000.00 GR76 541600 080206771930 $50,935.30 GR76 541600 080206132730 $29,000.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Melody Mitchell (Acting) (5704) Additional Information Contact: Mike Ficke (5746) ATTACHMENTS TABLE OF CONTENTS 1. NOTICE TO BIDDERS 2. SPECIAL INSTRUCTIONS TO BIDDERS 3. GEOTECHNICAL STUDY 4. PROPOSAL 5. CITY OF FORT WORTH M/WBE ENTERPRISE SPECIFICATIONS 6. FEDERAL WAGE RATES-CONTRACTOR'S PACKET 7. WEATHER TABLE 8. VENDOR COMPLIANCE TO STATE LAW 9. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION 10. PROJECT DESIGNATION SIGN 11. TECHNICAL SPECIFICATIONS DIVISION I-GENERAL REQUIREMENTS SECTION 01100-Summary of Work SECTION 01135-Contract Time SECTION 01140-Alternatives SECTION 01150-Payment To Contractor SECTION 01300-Submittals SECTION 01400-Quality Control SECTION 01410-Testing SECTION 01500-Temporary Facilities and Controls SECTION 01640-Substitutions and Product Options SECTION 01700-Project Closeout SECTION 01800-Contractor's Responsibility for Damage Claims DIVISION 2-SITE WORK SECTION 02200-Site Preparation SECTION 02300-Earthwork SECTION 02810-Irrigation SECTION 02840-Turf Sodding SECTION 02930-Seeding DIVISION 3-CONCRETE SECTION 03300-Cast-in-Place Concrete SECTION 07920-Silicone Joint Sealant 12. CERTIFICATE OF INSURANCE 13. BIDDER'S STATEMENT OF QUALIFICATIONS 14. PERFORMANCE BOND 15. PAYMENT BOND 16. MAINTENANCE BOND 17. CONTRACT NOTICE TO BIDDERS Sealed Proposals for the following: PROJECT EUGENE McCRAY COMMUNITY CENTER PARKING EXPANSION PROJECT NO. GR 76 1541600 1080206771930 DOE NO. 5028 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Division Office until 1:30 p.m., Thurs., September 14, 2006 and then publicly opened and read aloud at 2:00 p.m. in Council Chambers 2"d floor— N.E. corner of City Hall. Plans, Specifications and Contract Documents for this project may be obtained at the Park Planning section, Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499. Documents will be provided to prospective bidders for a deposit of$50 per set; deposits shall be made in the form of a check or money order. Each prospective bidder shall receive a deposit refund on the first two plan sets if the documents are returned in good condition within 10 days after bids are opened. Any additional plan sets shall require a non-refundable deposit. These documents contain additional information for prospective bidders. All Bidders will be required to comply with Provision 5159a of Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of the prevailing wage rates, and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code, Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. 1. Minoritv/Women's Business Enterprise Participation Goals In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the MNVBE Office or from the Office of the City Secretary. The bidder shall submit the MBE /WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and /or the JOINT VENTURE FORM ("Documentation) as appropriate and must be received no later than 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder (a) shall submit documentation at the reception area of the managing department, Department of Engineering, 2"d floor, City Hall, and shall obtain a receipt in person. Such receipt shall be evidence that the documentation was received by the City; (b) Electronic submittal of MWBE documentation will not be accepted. Failure to comply with (a) and (b) shall render the bid non-responsive. The following list is provided to assist bidders in obtaining the services of MNVBE vendors qualified to provide such services/materials for this project. A listing of qualified MNVBE vendors may be obtained at the City of Fort Worth MNVBE office, 3rd floor City Hall. Services/materials for this proiect are as follows: demolition/site prep grading/earthwork concrete seeding steel rebar earthwork flexible base landscaping asphalt The City's minimum MN1BE goal on this project is 18 % of the total dollar value of this contract. 2. Prime Bidder Qualification Requirements The City will evaluate all submitted bids based on criteria and qualifications to determine award of contract as noted in Item 14. - Bidder's Statement Of Qualifications— Special Instructions To Bidders and upon receipt of Bidder's Statement Of Qualifications form included in this construction document. In general: • The Prime Bidder, as general contractor or sub-contractor, must demonstrate similar project scope experience on three (3) projects within the last three (3) years. All subcontractors intended for use on this project shall also demonstrate similar project scope experience necessary to successfully perform on their respective portion of work on this project. • The Prime Bidder must provide a list the surety company(s) which issued bonds for projects listed above. Additionally, the Prime bidder shall list the surety company intended for use on this project. • The Prime Bidder must submit a current certified financial statement prepared by an independent Certified Public Accountant. • The Prime Bidder shall perform with its own organization and with the assistance of work crews under its superintendence work of a value not less than fifty percent (50%) of the project scope of work as per Section 8.1 of the standard specifications for Street and Storm Drain Construction for the City of Fort worth. Bidder Qualifications submitted to the Parks and Community Service Department Project Manager must be received no later than 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. 3. Bid Addendum Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as - being non-responsive. Information regarding the status of addenda may be obtained by contacting the Project Manager. 4. Pre— Bid Conference A pre-bid conference will be held with prospective bidders at the Parks and Community Services Offices Conference Room #1 on August 31, 2006 at 2:00 pm. 5. AWARD OF CONTRACT The City reserves the right to reject any or all bids and waive any or all formalities. The City will award one contract with a combination of base bids and/or alternates which is most advantageous to the City. No bid may be withdrawn until the expiration of 70 calendar days from the day bids are opened. The award of contract, if made, will be within 70 calendar days after the opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom the contract will be awarded. RANDLE HARWOOD, ACTING DIRECTOR CHARLES R. BOSWELL PARKS AND COMMUNITY SERVICES DEPARTMENT CITY MANAGER MARTY HENDRIX CITY SECRETARY By: Eric Seebock, Senior Landscape Architect (817) 871.5742 Advertisement Thursday August 10, 2006 Thursday August 17, 2006 r SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier`s check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud,the proposals will be tabulated on the basis of the quoted prices,the quantities shown in the proposal,and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner,the right will be reserved to reject any or all proposals and waive technicalities,to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided,without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting Parks and Community Services Department telephone number - indicated in the Notice to Bidders. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. (See Item G in the Proposal.) 4. AWARD OF CONTRACT: The Contract may not necessarily be awarded to the lowest bidder of the Base Bid. The Parks and Community Services Department shall evaluate and recommend to the City Council the best bid based on the combined benefits of total SPECIAL INSTRUCTIONS TO BIDDERS -I - bid price and number of contract days allotted,as specified in the Proposal, and which is considered to be in the best interest of the City. Regardless of the Alternative chosen,the Contractor agrees to complete the Contract x within the allotted number of days. If the Contractor fails to complete the work within the number of days specified in the Construction Documents, liquidated damages shall be charged as outlined in General Provisions, Item 8.6 Failur to Complete Work on Time, - found in the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth,Texas. 5. PAYMENT PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requiri::ments of Chapter 2253 of the - Texas Government Code, as amended. A. If the total contract price is $25,000 or less,payment to the contractor shall be - made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for':he protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of$100,000, a Performance Bond shall be _ executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. A Maintenance Bond shall be required for all Parks and Community Services Department projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Division 1, Section 01700-Project Closeout, Item 1.02. In order for a surety to be acceptable to the City, the surety must meet the requirements of V. A. T. S Insurance Code, art. 7.19-1(c). Satisfactory proof of any such reinsurance shall be provided to the City as outlined in the Notice To Bidders. The City, in its sole _ discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety _ satisfactory to the City 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General _ Provisions, Item 8,Paragraph 8.6, Standard Specifications for Street and Storm Drain SPECIAL INSTRUCTIONS TO BIDDERS - -2- Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7 EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29)prohibiting discrimination in employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth,Texas, and set forth in Contract Documents for this project. Disregard if Federal Wage Rates are applicable to this project. If Federal Wage Rates are applicable to a project,the Contractor shall comply with all items identified in the attached Contractor's Packet. For further information regarding this packet, contact the Contract Compliance and Monitoring Section,Housing Department at(817)392-7337 or 392-7542. 9. FINANCIAL STATEMENT: A current certified financial statement shall be provided to the City as outlined in the Notice to Bidders for use by the CITY OF FORT WORTH in determining the successful bidder. This statement is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract,the Contractor must provide, along with executed contract documents and appropriate bonds,proof of insurance for Workers Compensation(statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or$250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on"any auto",defined as autos owned, hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110%of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders-Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms T SPECIAL INSTRUCTIONS TO BIDDERS -3- or coverage. A ten days notice shall be acceptable in the event of non-payment of — premium. E. Insurers must be authorized to do business in the State of Texas and have a - current A.M.Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative - coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct paym:;nt of insurance premum costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not.be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner,to City's _ officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. T M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. _ 11. NON-RESIDENT BIDDERS: Pursuant to Texas Govem vent Code, art. 2252.002,the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- _ resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in _ this state,but excludes a contractor whose ultimate parent company.of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS -4- "Texas resident bidder" means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The MEB/WBE Utilization Form, Subcontractor/ Supplier Utilization Form, Prime Contractor/Waiver Form and the Good Faith Effort Form and or the Joint Venture Form, as applicable, must be submitted no later than 5:00 p. m. five (5)City business days after the bid opening date,exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering("Managing Department"),2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder,now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s)to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project,the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. - • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month,place a"0" or "no participation" in the spaces provided, and provide SPECIAL INSTRUCTIONS TO BIDDERS -5- a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier - d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting r articipation reports and/or - proof of payment on a monthly basis,the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s)prior to apl_�roval,the change will not be _ considered when performing a post complian,::e review on this project. • Upon the Contractor's successful completion of this]p:-oject, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers util.i;%:ed on the project. _ • All forms are available at the M/WBE Office, 3rd floor- City Hall. For additional information regarding compliance to the M/WBE Orc:inance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise(M/WBE) - on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a - negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than a negligent misrepresentatic►n)and/or commission of fraud SPECIAL INSTRUCTIONS TO BID:)ERS -6- will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. PROTECTION OF TREES PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs,trees, etc., shall be preserved or restored, after completion of the work,to a condition equal or better than existed prior to start of work. By ordinance,the Contractor must obtain a permit from the City Forester before any work(trimming,removal,or root pruning)can be done on trees or shrubs growing on public property including street Rights-Of-Way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5705. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus.all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning_paint. This is the only instance when pruning paint is recommended. 14. BIDDER'S STATEMENT OF QUALIFICATIONS A. QUALIFICATION OF BIDDERS: Prime Bidder and all sub-contractors to be used by the bidder in the performance of this project shall be required to demonstrate experience necessary to successfully perform the proposed scope of work. The Prime Bidders' specific (1)experience, (2) stability and(3)history of performance on projects of a similar nature and scope will be considered. The BIDDERS STATEMENT OF QUALIFICATIONS shall be provided to the City as outlined in the Notice To Bidders and as noted in the specifications for the purpose of evaluating the Prime bidder/subcontractors qualifications. B. PRIME BIDDER/SUBCONTRACTOR QUALIFICATIONS 1. Demonstrate experience as either general or sub-contractor on a minimum of _ three(3)projects similar in scope within the last three(3)years. 2. Provide listing of surety company(s)which issued bonds for previous projects identified as demonstrated experience. 3. Provide name of surety company to be used for this project. 4. Provide a current certified financial statement as prepared by an independent Certified Public Accountant. 5. Name and qualifications for the site superintendence of the work. 6. Identify at least 50%of work which is to performed by the Prime Bidder with its own organization and work crews under its superintendence. 7. All sub-contractors intended for use on this project shall also demonstrate similar project scope experience (three similar projects in scope within last three years) necessary to successfully perform their respective portion of work on this project. SPECIAL INSTRUCTIONS TO BIDDERS -7- 8. Submittal of Letters Of Intent for the use of specific subcontractors listed on the Bidders Statement Of Qualification form. The Prime Bidder shall submit such Letters of Intent to the City no later than five(5)working days upon being recognized as the overall qualified bidder by the City. Should the Prime Bidder - subsequently desire to substitute a subcontractor,tl-ke Prime Bidder shall notify the Project Manager in writing along with Letter Of Intent and experience qualifications for approval prior to commencement of construction. - The documentation required herein shall be received by the Project Manager of the Parks and Community Services Department no later tban five(5) City business days - after the bid opening date,exclusive of the bid opening;date. Recommendation of award of contract shall be contingent upon the Bidder and/or sub-contractors meeting such qualification requirements. Location and responsive ability of the firm will be considered. If your firm anticipates entering into a joint venture with any other firm to conduct all or part of the performance required under the proposed project,that firm should be f specified in your response. For each firm included in if fie joint venture,please provide the information required above. Under the Contract executed for this work the City _ will require your firm to be completely 100 percent responsible for fulfilling all aspects of the contract bonds. Other firms and employees that may be involved in their joint venture will be treated by the City under the contract as if they were r employees or subcontractors of your firm. Other than those fnms noted in the contract as a part of the joint venture, no other firms will be allowed to participate in the joint venture without written consent from the City. _ B. PLAYGROUND INSTALLATION AS PRIME PROJECT SCOPE 1. For projects in which the construction of playground area is the prime scope of _ work,bidders must be able to demonstrate the following. Failure to adequately demonstrate that the bidder meets these requirements may result in a recommendation that the bid be rejected as non—responsive. 2. The prime bidder shall submit such documents as are necessary to establish that the bidder has successfully and satisfactorily completed the construction and installation of at least three(3)playground facilities within the immediate past three(3)years for the state of Texas or other municipalities within the Dallas/ Fort Worth metroplex, such work to have included grading, sub surface drainage, playground perimeter concrete edging, equipment: and safety surface installation. The documentation shall also demonstrate that the bidder completed the projects within the contract time without the assessment of liquidated damages. - 3. If the prime bidder has not performed work for the state of Texas or municipalities within the Dallas/Fort worth metroplex,the bidder may still be - considered if it has completed three (3)park playgrounds within the last three(3) years for private entities which included work as noted in B.1. 4. The prime bidder in addition shall provide information that discloses or demonstrates the following: SPECIAL INSTRUCTIONS TO BIDE ERS -8- a. Name and qualifications for the site superintendence of the work. b. Knowledge in appropriate task sequencing. c. Intended staffing requirements to construct the work within the contract time allowed. 15. OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically,the Ozone Alert season within the Metroplex area runs from May through September, with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods each day. The Texas Natural Resource Conservation Commission(TNR.CC)in coordination with the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days,the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of motorized equipment. However,the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. -6:00 p.m.,on a designated Ozone Alert Day,that day will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity employees providing services on a project,for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in, 406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include,without limitation,providing,hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. SPECIAL INSTRUCTIONS TO BIDDERS -9- B. The contractor shall provide coverage,based on proper reporting of classification - codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the contractor providing services on the project,for the duration of the project. - C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. T D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage,prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing , services on the project. H. The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Workers' Compensation Commission,informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: _ (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory - requirements of Texas Labor Code, Section 401.G11(44)for all of its employees providing services on the.project, for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; - SPECIAL INSTRUCTIONS TO BIDDERS - 10- (3) provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1)- (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage,the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. The providing of false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract terminated if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workeis' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: SPECIAL INSTRUCTIONS TO BIDDERS -11- REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this sit:or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing,hauling, or delivering equipment or materials,or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at(512)440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide y coverage." END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS T -12- PROPOSAL TO: MR. CHARLES R.BOSWELL City Manager Fort Worth,Texas FOR: EUGENE McCRAY COMMUNITY CENTER PARKING EXPANSION PROJECT NO. GR 76/541600/080206771930 DOE NO. 5028 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications,and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor,equipment,and materials necessary to fully complete all the work as provided in the plans and specifications,and subject to the inspection and approval of the Parks and Community Service Department Director of the City of Fort Worth. The "approximate quantity" category is for information purposes only. The Contractor shall be paid on the basis of actual installed quantities on non lump sum items. Additionally,the Contractor shall be aware that the Proposal contains both Lump Sum and Unit Price items. If the lowest bid received exceeds the funds budgeted for the project,the City reserves the right to decrease the quantities contained in any line item or to eliminate any specific line items before award of the contract in order to bring the work within budget.By submitting a bid,the bidder acknowledges the City's right to adjust or eliminate line items prior to the award of contract.Further,by submitting a bid,the bidder agrees to honor each line item bid price without recourse to the City in the event line items are adjusted or eliminated. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish, if applicable,Performance,Payment, and Maintenance Bonds approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums,to-wit: Base Bid Pay Item Approx. Description of Item with Unit Unit Value Amount Bid Quantity Prices Written in Words Fabrication/Installation of Project 1 1 EA. Sign $ $ Dollars ZG Rv Cents EA + Erosion Control 2 1 L.S. $ (v 01.0 $ 02 C&O10D wc-rtioa5ti D rTvG J4",vDRED 5�x ty Dollars 2 t:-; tl-0 Cents L.S. Traffic Control 3 1 L.S. $;�,-����, 00 :�-fey a r✓o lu�vi bks (�V^dr-44 Dollars W('K? Cents L.S. Clearing &Grubbing/Tree 4 1 L.S. Removal $ r �P � $ A,-Five Dollars Cents L.S. Excavation including Haul Off- 5 1 L.S. Approx. 1200 CY's $� 5 no $ r f(�g TL 40C r&4U�J���fi ka nVA► 7P I-MACYDollars Cents L.S. Saw Cut for Removals 6 101 L.F. Dollars r Cents L.F. Remove& Dispose Exist. 7 163 L.F. Sidewalk $ 0 $ _FT- F7-� Dollars Cents L.F. Remove& Dispose Exist. Curb& 8 276 L.F. Gutter $ $ Dollars Cents L.F. Base Bid Page 1 8/10/2006 Base Bid Pay Item Approx. Description of Item with Unit Unit Value Amount Bid Quantity Prices Written in Words Remove& Dispose Exist. 9 66 S.Y. Asphalt Pavement $ q $ N e _ Dollars -o Cents S.Y. 6" Lime Stabilized Subgrade Incl 10 1,936 S.Y. Lime(6%) $ �, 7 $ r Ow 'r ✓d Dollars Cents S.Y. 6" Reinforced Concrete Curb& > > 'Z5� 11 897 L.F. Std • Gutter $ Z $ 1 u1-e� F;V Dollars Cents L.F. 1 6" HMAC Pavement ;Z'7�- 12 1,836 S.Y. 6" Tod— $ riu NT V r,,I- rkOU AT/P IFI*f'( ►'cL��Ni y N i;�ollars Cents S.Y. 4' Sidewalk 13 108 L.F. i ��✓�� �Edi✓ ",_. r►f�1 I�✓ Dollars Cents L.F. Wheel Stop t - 14 3 EA. $ l,C'' � �-U 2 E PC' Dollars Cents EA. $ - 15 2 EA. HC Sign $E �� 'O`� VM52 , Y,L+31q � �-r-,CrtC 1 Dollars Cents EA. HC Sign Mark on Parking Stall 49 2 /Li Dollars Cents EA. Base Bid Page 2 8/10/2006 09/11/08 08:10 FAX 871 572 _ CITY OF FT WORTH IA003 ^=W OF ADDENDUM#1 Bid Opening Date: Thursday, September 14, 2006. Acknowledge the receipt of this Addendum on your Proposal. Eric Seebock, Senior Landscape Architect Release Date: September 11, 2006 09/11/08 08:10 FAX 871 5724 CITY OF FT WORTH 16004 Base Bid Pay Item Approx. Description of Item with Unit Unit Value Amount Bid Quantity Prices Written in Words 17 1 L.S. Parking Lot Striping $ �O Oe $ ��� 0 J Z C— Dollars Cents L.S. 18 1 EA. Street Light ,�� ( $ 1?f-0-va $ r7 S-©-oip W,� Dollars 6 Cents EA, Retaining Wall 19 1 L.S. L. $ � $ Dollars Cents EA. P C 3� 7 Tota! Base Bid: $ Base Bid Page 3 9/7/2006 Base Bid Pay Item Approx. Description of Item with Unit Unit Value Amount Bid Quantity Prices Written in Words R�Okkg Lot Striping 17 1 L.S. 7y©, D _ U. r �rfs" 1j t"1)12 CP 7 Dollars cL-rits L.S. T -�irvk Light 18 1 EA. $ _ /,'75c=-c. ,FJ5 FT'L Dollars_ 2E 96) Cents EA. Total Base Bid: Base Bid Page 3 8/10/2006 Add Alternate Bid Pay Item Approx. Description of Item with Unit Unit Value Amount Bid Quantity Prices Written in Words Landsrping per plans 1 1 L.S. Wf flt'oU t lv �� Dollars Cents Lu"Sum Irrigation per plans, complete in 2 1 L.S. Place R -716-8-00 s. -7 1c7 �y eW ou'iA,-Vb 6hl6*-4'VJW Fi i���' IfT- Dollars Z-CQ c9 Cents Lump Sum Total Add Alternate: Add Alternate Bid Page 1 8/10/2006 A. This contract is issued by an organization that qualifies for exemption pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales,Excise and Use Tax Act. B. The Contractor performing this contract may purchase,rent or lease all materials,supplies,equipment used or consumed in the performance of the contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's ruling tax,said exemption certificate complying with State Comptroller's ruling#95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling#95.09 as amended to be effective October 2, 1968. C. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractor or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278,as amended by City ordinance 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. D. The undersigned agrees to complete all work covered by these contract documents within Forty Five(45)Working Days for Base Bid and Fift Five l55 Working Days for Base Bid and Alternates after the date for commencing work as set forth in the Notice to Proceed to be issued by the Owner and to pay not less than the Federal Prevailing Wage Rates. E. Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will deliver applicable Surety R gilds for the faithful performance of this contract. The attached deposit check in the sum of$_„Dollars($WO is to become the property of the City of Fort Worth,Texas,or the attached Bidder's Bond is to be forfeited in the event the contract and applicable bonds are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. F. In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous price for construction thereof to the City or to reject the proposal. G. Receipt is hereby acknowledged of the following addenda: No. I No.2 No.3 No.4 Respectfully submitted, 19004A)6rb P/4J:7�6t GD, ZZ5�7 -5o6F77616 PD. D1-110 TY, (Company Name) A9,-e-LaLt), By(Authorized Signature) Date: T - 14 -0(a Address: zy 5 7 as f Fr- RP• L)0! lIq S TX• -23-7, / Telephone: SEAL(if corporation) CITY OF FORT WORTH ~` CONTRACT COMPLIANCE MEMORANDUM THIS FORM MUST BE ATTACHED TO THE ROUTING "M& C" BEFORE LEGAL AND CITY MANAGER APPROVAL. To: Eric Seabrock (underline appropriate one) Project Manager Buyer Department Director 0'r 16, Thomas Jordan 8509 M/W/DBE Office Staff Extension Date: October 30, , 2006 In the Amount of $79,718.00 ���`"'`"�� �� ` VIA t DOE 5028 DOE/Proiect/Bid Nos . Project/Bid: Eugene McCrae Community Center Parking Expansion 1. Compliance with the City's DBE Program has been achieved by one of the following methods: a) Advanced Paving Co. is in compliance with the City's DBE Program by committing to 11 % DBE participation on this project. The City's DBE goal on this project is 10 %. b) is in compliance with the City's DBE Program by committing to % DBE participation and documenting good faith effort. The City's DBE goal on this project is %. C) is in compliance with the City's DBE Program by documenting good faith effort. The City's DBE goal on this project is % d) is in compliance with the City's DBE Program by submission of the prime contractor waiver form. The City's DBE goal on this project is 2. , The apparent low dollar bidder(s)did not comply with the City's DBE Program because: Rev.05/11/99 FO RT WO RT H City of Fort Worth 06pn �6 Minority and Women Business Enterprise Specifications RAF. SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the MIWBE goal is applicable. If the total dollar value of the contract is less than$25,000,the.M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MNVBE PROJECT GOALS The City's MBE/WBE goal on this project is 18%of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. (�e�O.ffero shall heiiuer,the MV1/BE'docurnentafion in` sre on to the h Yo nate e_ Im o ee of the,,ana in de"artment,and''obtain�a'date/;;ti'rnei�e`eei 't `Such"eeei r"t`rshal� r�R.,-•, P y., o,yrf, 9 :g,!. p G„ ..l 4 J-t .r- i}. •.'r f` `f'.4;.,,. '<�"��� 11 cl. ..lazx.Y;ll „ '2..i-v,.c.., ”' ') •.7.,.., �JL..u.._ dcT r`.-, e""ny., li,xfu�,......a+f - beseyidence�tlat tlie;:Ci recei�ed,the`, ocurrienyati_on�in�tha�time allocated;A axedfcoC be,adcepted 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: I opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions,please contact the M/WBE Office at(817)871-6104. Rev.11/11/05 LU Z r 3 �y 0 �! O C �+c in W y .� O +v eC� N p 0 V Ila O U. � V C ? ¢ a z OV € � mE � ° mom r 98 - 0 �� •a c ._ o ,c CCL Jc CL. m H E c 3' .�!{ <&..�• C:.0 m K >%a c. It: E' p .�,�0 E 13 O c � �CmC c mc wo CLS dc 0. 0 CL W NQ .O 0 N L. 11 *-A mp IS U) 0 LU Z Im c O a u WO0 :5 CCCC ° v0im C C) E3 m wp w oa .. d CN O m � v o0Yea 'mw c l C 0w0cV) mI0 O ,°C a mCC 3 c N 0O L !3 d W .a a) i L d .Q i m Cc 0 � >'� tmiC nick ° H .aCC w0.- OJ0 OO,v O V I t m 0 O > .l0 0 4)(D m ac N 'ap m o 1- ,_ JRM 13 — O o o' ° c ° H U) C ctCat m •N3 0O. m U �.`°w ` wr c a. t Q L Cl =_ HCC c ,� •' m ,0 >, ctm a. 1C 3 C 91 c N C. 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ATTACHMENT B SELF-CERTIFICATION FORM SOCIALLY OR ECONONUCALLY DISADVANTAGED 9-20-06 P01 :43 I N Business/Agency Name:_ gyya NCE D JCA-t! yy 67 co, Address: 2 2- 5 7 -:1-0 C FTE E l D 9 0 Zip Code: 7-i Z-2'9 I am a member of the following minority group: (Circle One) Black American Indian/ Asian/ Spanish- Cpecify) Alaskan Native Pacific Islander Surnamed Um S f I own at least 51 percent of the above business: Date: Signature: Title i;W 5x-l),6�✓ T SELF-CERTIFICATION FORM NON-PROFIT ORGANIZATION This organization is a non-profit organization. Business/Agency Name: Address: Zip Code: Date: Signature: Title: 20 City of Fort Worth Afflymative Acdon 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: X10 V A"N 4,C A PA-a T-r/y Co Type of Business/Organization: 46P/tA 1 T Q-"o t�r R ETC ?a v 7,N g;, Address: Z 7- 1-7 &117 11.D, (Street) 7x . ? I—Z Z CK (City) (State) (Tp) Signature: Title• /2/U 5 1 T h 21 ap y M Z •iu b > U C V �1 C z iu G �+.14 H , 4 C/1 G 0 I o m N c0 I � CD w o * O a z � m IX V V o z 78O H z z PQ A z w F W * E go ¢ 7¢ FT+ � � O � N ¢ Ado a a3 � w � � a H 3 ,y � A w U U O ° E ° wOZ 19 v c7 � 09-20-06 P01 : 44 IN STATEMENT OF POLICY ON EQUAL EMPLOYMENT OPPORTUNITY It will be the policy of this firm to not discriminate against any applicant for employment,or any employee,because of race, creed, color, age, sex, or natural origin. This firm will insure that this policy is continually enforced with regard to employment,promotion,upgrading, demotion,transfer,recruitment, and recruitment advertising, lay off and termination,compensation,training,and worldng conditions. We will make it understood by all with whom we deal, and in all our employment opportunity announcements that the foregoing is our policy. All applicants and employees will be judged solely on the basis of their skill,devotion loyalty,reliability and integrity. �V U'l9-NG�y �� ✓yiy�(r �D Company Name Signature 24 09-20-06 P01 : 44 IN CERTIFICATION AND ACKNOWLEDGMENT I certify that I have read and understand the information regarding my obligations as a Contractor on a project funded by the United States Department of Housing and Urban Development, which is contained in the preceding Contract provisions. I understand that, should I have any questions regarding my obligations, I will as soon as possible contact the Fort Worth Budget and Management Services Department/Conhact Management Division staff member who is assigned to monitor this Contract. Contractor.'401/r1�e-GA 'PA By:_ /1 6/0� Title: Pre f�Ye^'C 37 09-20-06 P01 :44 IN U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 CFR 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors,shall state as an initial part of the bid or negotiations of the Contract whether they have participated in any previous contract or subcontract subject to the Equal Opportunity Clause;and, if so,whether they have filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes❑No o(If answer is yes,identify the most recent contract.) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes 13 No❑ A/,,f! 3. Bidder has filed all compliance reports due under applicable instructions,including SF-100. Yes E3 No❑ PIA 4. If answer to item 3 is"No,"please explain in detail on reverse side of this certification. Certification-The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer(Please Type) Signature Date I � " 38 09-20-06 P01 : 44 I 'd U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION REGARDING LOBBYING The undersigned certifies,to the best of his or her knowledge and belief;that: (1) No Federal appropriated funds have been paid or will be paid, by or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the raking of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form- LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and coopem- tive agreements)and that all subrecipients shall certify and disclose accordingly. ""`~ z, Signature Title Date 39 09-20-06 P01 ': 44 IN U.S.Department of Housing and Urban Development CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES Project Name Ea(,1 Cie /-4C l.o"e,q,,j4j-,t,, ate 9F l -� Location r7, V'J v 2 r t-i 7/c= Project No.(i g Zb%5-41 boa qOY;Zc)6771F3p (I)(We)hereby certify that(I am)(we are)((the prime contractor (a subcontractor)for (Specify"General Construction","Plumbing","Roofing",etc) in connection with construction of the above-mentioned Project,and that/(I—)'(we)have appointed whose signature appears below, to supervise the payment of (my) (our) employees beginning 20!eL-that he/she is in a position to have full knowledge of the facts set forth in the payroll documents and in the statement of compliance required by the so-called Kick-Back Statute which he/she is to execute with(my)(our)full authority and approval until such time as (1) (we) submit to U, 3. fJ H u a new certificate appointing some other person for the purposes hereinabove stated. Jill/�►'���� . (Identifying Signature of Appointee) Attest(if required): i #PVkNGFb )2AJ-,rjvA GV` (Name of Firm or Corporation) (Signature) (Signature) (Title) (Title) NOTE: This certificate must be executed by an authorized officer of a corporation,by a member of a partnership,or the sole owner and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed,a new certificate must accompany the first payroll for which the new appointee executes a statement of compliance required by the Kick-Back Statute. 45 "u'• �I� tl�sfi, P EXPERIENCE RECORD List of pro a is vwr or anization has successfully completed: Amount -dd ae.t 7 4TyKpS Work Date Name and Address of Award Accepted Owner $214,026.83 2005 Heritage Pending City of Irving Tx District Alley SWPPP Contact: Larry Frassineli and Sewer (Engineer City of Irving) Im rovements Phone: $75,000.00 2005 Hickory 8-1-06 The Town of Hickory Creek Creek Alley Contact: Lee Allison Reconstruction Phone: $137,688.72 Anna Street 01-31-06 City of Anna and Drainage 101 N. Powell Parkway Improvements Anna, Texas 75409 Contact: Tim Morris (Engineer-Sherman) Phone: 903-868-1644 $628,003.00 2005 02-24-06 City of DeSoto Asphalt Street 211 E. Pleasant Run Rd. and Concrete DeSoto, Texas 75115 Reconstruction Contact: Walter Shumac Phone: 972-230-5794 $677,765.00 Addison Airport Final Pay App Town of Addison Asphalt Paving Submitted P. O. Box 9010 Improvements 7/5/06 Addison, Texas 75001 Contact: Shanna Sims Phone: 972-450-7089 09-1 ��n List of prb e 9 bbf'br ;Knization is now engaged in com letin : Amount Of Contract Type of Work Anticipated Name and Address of Award Date of Owner Com letion City of Dallas $210,225.00 Concrete July' 14, 2006 Veneca Partners, LP Paving & 2010 Ave. G, Ste 904 Sidewalks (100% Plano, TX 75074 Complete) Contact: Eric Benavides Phone: 972-422-0053 $419,616.00 Concrete City of Coppell Reconstruction July'06 255 Parkway Blvd. Freeport Pkwy Coppell, Texas 75019 (100% Contact: Jerod Anderson Complete) Phone: 972-304-3643 Contracts in-house, to be scheduled: City of Longview: $429,702.00 City of Ft. Worth: $749,263.00 Start 9-06-06 City of Ft. Worth: $489,702.00 Started 8-28-06 City of Ft. Worth $434,000.00 Note: Additional current contract information can be provided as necessary. _ lFreepor Yellow-move scheduled Brown-needs work Addiso Stonep ID Description Yard n SBA Shelton DFW ort Mcshn BACKHOE 424 Backhoe 310D 1 6 423 Backhoe 310E 1 428 Backhoe 410E 1 �. 431 Backhoe 410G 1 426 Backhoe CAT SKID,STEER z 416 Skid Steer 1 417 Skid Steer 1 413 Skid Steer CAT SKID STEER_attach.Ments Milling Attachment 1 Fork attachment 1 PAVER. 415 Paver Lee-Bo 1 414 Paver PF150 1 427 Paver PF150(New) 1 429 Blow Knox 1 STIEELRQtt:i.ER; ,. 411 Roller Base(only) 419 Roller Boma 1 412 NEW Hamm Roller 1 420 OLD Hamm Roller Base 432 Sin le Drum Roller Base 436 F8—Ton Roller 1 437 12 Ton Roller 434 Roller New Pnuematicilyl. 1 435 Roller Pnuematic 1 409 Tack Wag L-Boy 1 312 Tack Wagon 1 77777777 425 Reclaimer Bros 1 430 Reclaimer R250 1 404 Rec cler Boma 1 405 Recyler 1 777777 _< 422 Shee s Foot Large 433 Sheeps Foot Small 1 421 Blade 12G Cat 1 418 Blade Large-Dressor 1 „ .; 302 Tanker Cement 1 303 Tanker Cement 1 202 Water Truck 1 211 New Water Truck 1 + 212 Water Dog Trailer 1 AWP; PRESSOR 501 Air Comp Sullivan 1 438 Air Compressor Smith 1 439 Air Comp New Sullivan Electric Hammer 1 CFM; 445 Broom 1 446 Broom New 402 Broom Old arfc )n' EZ BREAKER . 503 EZ Breaker 1 504 EZ Breaker 1 -- 505 EZ Breaker 1 TRACTOR 207 Tractor 2nd Haul 1 208 Tractor Peterbuilt Blower 1 209 Tractor Peterbuilt L. Haul 1 214 Tractor Kenworth(307) 1 TRAILER 307 Trailer End Dump Round 1 300 Trailer End Dump(pulled 1 313 Trailer Equip (Large Haul 1 304 Trailer Haul 30'Blue 215 1 _ 305 Trailer Haul-Beaver 21 1 308 Trailer Haul-Beaver 21 1 311 New Trailer 216-310D 1 319 Load King Haul 38'(small 1 PICKUP: 113 Pickup Sammy Crew 1 101 Pickup Humberto Crew 1 105 Pickup Crew 1 109 Pickup Eddie 1 103 Pickup Wrecking 0 217 Crew Cab Joel 1 298 Crew Cab Unassigned 1 222 Truck Crew Dump1 213 Dump Truck Rafeal i 216 Dump Truck Carl 1 210 Dump Truck(Mike) 1 316 Trailer Equi 16' 318 Trailer Equip 12' 1 317 Trailer Lumber 15' 340 Trailer Power Wash 1 311 Trailer Lumber 15' 1 r 320 Trailer Utility Falcon Op_ 06P0, OFMD GENERAL DECISION: TX20030045 02/25/2005 TX45 Date: February 25, 2005 General Decision Number: TX20030045 02/25/2005 Superseded General Decision Number: TX020045 State: Texas Construction Types: Heavy and Highway Counties: Collin, Dallas, Denton, Ellis, Grayson, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wichita Counties in Texas. HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES. Modification Number Publication Date 0 06/13/2003 1 01/14/2005 2 02/25/2005 SUTX2004-004 11/09/2004 Rates Fringes Air Tool Operator. . . . . . . . . . . . . .$ 10.06 0.00 Asphalt Distributor Operator. . .$ 13.99 0.00 Asphalt paving machine operator$ 12.78 0.00 Asphalt Raker. . . . . . . . . . . . . . . . . .$ 11.01 0.00 Asphalt Shoveler. . . . . . . . . . . . . . .$ 8.80 0.00 Batching Plant Weigher. . . . . . . . .$ 14.15 0.00 Broom or Sweeper Operator. . . . . .$ 9.88 0.00 Bulldozer operator. . . . . . . . . . . . .$ 13.22 0.00 Carpenter. . . . . . . . . . . . . . . . . . . . . .$ 12.80 0.00 Concrete Finisher, Paving. . . . . .$ 12.85 0.00 Concrete Finisher, Structures. .$ 13.27 0.00 Concrete Paving Curbing Machine Operato .. . . . . . . . . . . . . . .$ 12.00 0.00 Concrete Paving Finishing Maching Operator. . . . . . . . . . . . . . .$ 13.63 0.00 Concrete Paving Joint Sealer Operator. . . . . . . . . . . . . . . . . . . . . . .$ 12.50 0.00 Concrete Paving Saw Operator. . .$ 13.56 0.00 Concrete Paving Spreader Operator. . . . . . . . . . . . . . . . . . . . . .$ 14.50 0.00 Concrete Rubber. . . . . . . . . . . . . . . .$ 10.61 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator. . . . . . . . . . . . . . . . . . . . . . .$ 14.12 0.00 Electrician. . . . . . . . . . . . . . . . . . . .$ 18.12 0.00 Flagger. . . . . . . . . . . . . . . . . . . . . . . .$ 8.43 0.00 Form Builder/Setter, Structures$ 11.63 0.00 Form Setter, Paving & Curb. . . . .$ 11.83 0.00 Foundation Drill Operator, Crawler Mounted. . . . . . . . . . . . . . . .$ 13.67 0.00 Foundation Drill Operator, Truck Mounted. . . . . . . . . . . . . . . . . .$ 16.30 0.00 Front End Loader Operator. . . . . .$ 12.62 0.00 Laborer, common. . . . . . . . . . . . . . . .$ 9.18 0.00 Logname: 80HARMONTXU Page 1 of 3 Laborer, Utility. . . . . . . . . . . . . . .$ 10.65 0.00 Mechanic. . . . . . . . . . . . . . . . . . . . . . .$ 16.97 0.00 Milling Machine Operator, Fine Grade. . . . . . . . . . . . . . . . . . . . .$ 11.83 0.00 Mixer operator. . . . . . . . . . . . . . . . .$ 11.58 0.00 T Motor Grader Operator, Fine Grade. . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.20 0.00 Motor Grader Operator, Rough. . .$ 14.50 0.00 -- oiler. . . . . . . . . . . . . . . . . . . . . . . . . .$ 14.98 0.00 Painter, Structures. . . . . . . . . . . .$ 13.17 0.00 Pavement Marking Machine Operator. . . . . . . . . . . . . . . . . . . . . . .$ 10.04 0.00 - Pipelayer. . . . . . . . . . . . . . . . . . . . . .$ 11.04 0.00 Reinforcing Steel Setter, Paving. . . . . . . . . . . . . . . . . . . . . . . . .$ 14.86 0.00 _ Reinforcing Steel Setter, Structure. . . . . . . . . . . . . . . . . . . . . .$ 16.29 0.00 Roller Operator, Pneumatic, Self-Propelled. . . . . . . . . . . . . . . . .$ 11.07 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping. . . . . . . . . . . . .$ 10.92 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement. . . . . . . . . . . . .$ 11.28 0.00 Scraper Operator. . . . . . . . . . . . . . .$ 11.42 0.00 Servicer. . . . . . . . . . . . . . . . . . . . . . .$ 12.32 0.00 Slip Form Machine Operator. . . . .$ 12.33 0.00 Spreader Box operator. . . . . . . . . .$ 10.92 0.00 Tractor operator, Crawler Type.$ 12.60 0.00 Tractor operator, Pneumatic. . . .$ 12.91 0.00 Traveling Mixer operator. . . . . . .$ 12.03 0.00 Truck driver, lowboy-Float. . . . .$ 14.93 0.00 Truck driver, Single Axle, Heavy. . . . . . . . . . . . . . . . . . . . . . . . . .$ 11.47 0.00 Truck driver, Single Axle, Light. . . . . . . . . . . . . . . . . . . . . . . . . .$ 10.91 0.00 Truck Driver, Tandem Axle, Semi-Trailer. . . . . . . . . . . . . . . . . . .$ 11.75 0.00 - Truck Driver, Transit-Mix. . . . . .$ 12.08 0.00 Wagon Drill, Boring Machine, Post Hole Driller Operator. . . . .$ 14.00 0.00 Y Welder. . . . . . . . . . . . . . . . . . . . . . . . .$ 13.57 0.00 Work Zone Barricade Servicer. . .$ 10.09 0.00 ---------------------------------------------------------------- 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 (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the 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 Logname: 80HARMONTXU Page 2 of 3 1.) Has there been an initial decision in the matter?. This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial . contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 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, DC 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, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Logname: 80HARMONTXU Page 3 of 3 FORTWORTH City of Fort Worth Budget and Management Services Department (Contract Management Division) DAVIS—BACON CONTRACT PACKAGE Revised 11/2005 Due Required Forms and Dates WHO COMPLETES DUE SUB PRIM 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 CMD Information Constriction Monitor CONTRACTOR At the Start of Construction PRIME CMD Start of Construction Form Monitor Construction Complete CONTRACTOR After completion of PRIME CMD Form construction Monitor Section 3 Attachment Forms CONTRACTOR AND Complete and Return PRIME CMD • Attachment B Self- SUBCONTRACTORS Within Seven(7)Days of Monitor 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 CMD Equal Employment SUBCONTRACTORS Within Seven(7)Days of Monitor Opportunity Form Receipt CONTRACTOR AND Complete and Return PRIME CMD Certification and SUBCONTRACTORS Within Seven(7)Days of Monitor Acknowledgement Form Receipt U.S.Department of Housing CONTRACTOR AND Complete and Return PRIME CMD and Urban Development SUBCONTRACTORS Within Seven(7)Days of Monitor • Certification of Bidder Receipt Regarding Equal Employment Opportunity Form • Certification Regarding Lobbying Form • Certificate of Owner's Attorney Form CONTRACTOR AND Complete and Return PRIME CMD SUBCONTRACTORS Within Seven(7)Days of Monitor U.S.Department of Housing Receipt and Urban Development • Certificate from Contractor Appointing officer or employee to Supervise Payment of Employees Form L- C ML DUE SUB PRIME REQUIRED FORM WHO COMPLETES SUBMIT SUBMIT TO: FORM TO: The prime contractor Beginning the first week PRIME CMD nre should review ea. your company works on a Monitor Payroll o Subcontractor's payroll project and for every we k You are not required to use type reports for compliance afterward until your firrr. Payroll Form WH- You prior to submitting the has completed its work. payroll,such as computerized may use any other type reports to IAGM. Number the payroll repc its formats,as long as it has all of beginning with# I Initie] 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 CMD Statement of Compliance SUBCONTRACTORS with original signature Monitor Form CONTRACTOR AND Required when employee is PRIME CMD SUBCONTRACTORS used in more than one Monitor classification,and specify Employees Statement of different rates of pay during Work Verification Form any payroll period EMPLOYEES MUST Only one employee PRIME CMD AUTHORIZE ALL authorization is needed for Monitor DEDUCTIONS recurring deductions.Tli is 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 CMD Community Block Grant Monitor Input Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements Form NOTICE TO ALL CONTRACTOR Post on site at the start of POST POST EMPLOYEES MUST POST construction Working on Federal or Federally Funded Finance Construction Projects Equal Employment CONTRACTOR Post on site at the start of POST POST Opportunity Poster MUST POST construction U.S.Department of Labor Poster CONTRACTOR Post on site at the start of POST POST MUST POST construction Project Designation Sign PRIME CONTRACTOR FORWARDS ALL FORMS TO THE CONTRACT MANAGEMENT DIVISION Table of Contents PAGE I. Pre-Construction Conference Minutes/Special Instructions to Bidders on Federally FundedProjects..........................................................................................2-5 II. Contractor/Sub Information Forms.................................................................. 6-7 M. Start of Construction Form.............................................................................8 IV. Construction Complete Form........................................................................... 9 V. City of Ft.Worth Budget and Management Services Department,Affirmative Action Plan: ...............................................................................................................10-18 Section 3 of the Housing and Urban Development Act of 1968 A. Section 3 Attachment Forms ....................................................................... 19 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 4. Blank Page.......................................................................................23 V1. Statement of Policy on Equal Employment Opportunity Form .................................... .24 VII. Department of Housing and Urban Development Contract Requirements ....................25-36 Executive Order 11246,Equal Opportunity Clause;Section 202 A. Executive Order 11246 Forms 1. Certification and Acknowledgment Form.................................................. 37 2. Certification of Bidder Regarding Equal Employment Opportunity Form............ 38 3. Certification Regarding Lobbying Form................................................... 39 4. Certificate of Owner's Attorney Form...................................................... 40 VIII. U.S.Department of Labor Wage and Hour and Public Contract Divisions A. Instructions for Completing Payroll form WH-347...........................................41-44 B. U.S.Department of Housing and Urban Development 1. Certificate from Contractor Appointing officer or employee to Supervise Payment of Employees Form.......................................................................................... 45 2. Blank Page....................................................................................46 3. Payroll Form................................................................................. 47 4. Blank Page.................................................................................... 48 5. U.S.Department of Labor Statement of Compliance Form........................... 49 6. Employees Statement of Work Verification Form..................................... 50 7. Payroll Deduction Authorization Form................................................... 51 IX. U.S.Department of Housing and Urban Development Community Development Block Grant Input: Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements ........................................................................................................... 51-55 *City of Fort Worth Community Development Block Grant Funded Project Form Packet will include these documents. ❑ How to Complete Payroll Forms ❑ Equal Employment Opportunity Poster ❑ U.S.Department of Labor Poster ❑ Project Designation Sign 1 PRE-CONSTRUCTION CONFERENCE MINUTES DATE: TIM LOCATION: PROJECT NAME: LOCATION OF PROJECT: PROJECT NUMBER CONTRACT NUMBER ATTENDEES NAME NAME AND ADDRESS OF FIRM TELEPHONE NUMBER 2 PRE-CONSTRUCTION CONFERENCE MINUTES NOTES 3 SPECIAL INSTRUCTIONS TO BIDDERS ON FEDERALLY FUNDED PROJECTS 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 prohibit 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 staffs are not to be prevented from conducting such interviews. The suggested payroll form is WH-347,Payroll. HUD prior to use must approve all other payroll forms. Payrolls must be submitted to the Budget and Management Services Department, Contract Management Division within seven days after a pay period end. A pay period is seven(7)consecutive days. Payrolls must be original and must be completely executed. The signature must be that of owner,partner,officer of authorized individual,and must be an original ink signature. It is suggested that blue ink be used. The certification dates must cover the seven(7) day period. "A CERTIFICATION FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES"form must be submitted. The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this contract are to be maintained during the course of work and preserved for a period of three years thereafter. Liquidated damages will be assessed for failure to pay overtime. The assessment amount is $10 per day per violation. Overtime begins on this project after 40 hours per week. Additionally,wage restitution must be paid to any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the prescribed hourly rate of pay. Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage decision. The decision,which is applicable to this project,is . The wage decision must be posted at the construction site along with required posters for the duration of construction activity. Any classification needed, which does not appear on the wage decision,must be requested and approved by the U.S.Department of Labor prior to the use of that classification on the project. In instances where the owner of a company performs work on the project,that owner must show himself/ herself on the payroll and must show the hours worked each day and total hours for the week. .All persons who perform work on the project must be shown on the pavroll. 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,the Bureau of Apprenticeship&Training must certify them 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 piecework 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 prescnbed hourly rate for the particular work classification. 4 Dual work classifications within the same payroll period are acceptable provided that a signed verification of the dual work classification is fiunished from the employee. When dual work classifications 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 classi_ication 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. Failure to comply will result in withholding full or partial payment. Any questions concerning labor requirements should be directed to the contact(s) below. Questions should be directed through the general contractor who is ultimately responsible for the fhlfillment of these obligations Contact Persons: City of Fort Worth Contract Management Division Sherry Johnson (817392-7333 or Marilyn Jackson(817)392-7329 1000 Throckmorton Street Fort Worth,Texas 76.102 5 CONTRACTOR INFORMATION Date PROJECT: 1. Contractor. 2. Address: 3. City: 4. Telephone: Fax: 5. Federal LD.#: 6. Officers of the Corporation: President Rada Ethnic Ownership: Vice President: l-White American 2-Black American Secretary: 3-Native American 4-Hispanic American Treasurer 5-Asian/Pacific American 7. If sole owner or partnership,list owner(s): 6-Hasidic Jew I certify at the time of execution,hereot neither my company nor my corporate officers(if incorporated)are listed in the list of Debarred,Suspended, and eligible Contractors maintained by the Department of Housing and Urban Development(HUD). Signature 6 SUBCONTRACTOR INFORMATION (To be completed by contractor) Date: PROJECT: 1. Subcontractor: 2. Contract Amount. 3. Address: 3. City: 4. Telephone: Fax: 5. Federal I.D.#: RaciaUEthnic Ownership: 1-White American 2-Black American 3-Native American 4-Hispanic American 5-Asian/Pacific American 6-Hasidic Jew 7 START OF CONSTRUCTION Date: Project Name: Project Location: Project Number. U.S.Department of Labor Wage Decision: This is to inform you that the: (Name of Company) of (Address) (City/Town) , has started work on the above referenced project covered by our (State) (Zip) contract with you,as of (Date) RespectfiXy yours, (Name of Company) By (Signature) (Title) 8 CONSTRUCTION COMPLETE Date: Project Name: Project Location: Project Number: U.S.Department of Labor Wage Decision: This is to inform you that the: (Name of Company) of , (Address) (City/Town) has terminated work on the above referenced project covered by our (State) (Zip) contract with you,as of (Date) Respectfully yours, (Name of Company) By (Signature) (Title) 9 FoRTWORTH lro"� City of Fort Worth Budget and. Management Services Department (Contract Management Division) Affirmative Action Plan Under Section 3 of The Housing and Urban Development Act of 1968 10 Revised 11/2005 11 City of Fort Worth A,fJirmative Action P1= Table of Contents Part I: Purpose and Background Information Page 1. Summary Explanation and Purpose...........................................................................12 2. Geographical Applicability..................................................................................12-13 3. Applicability to Businesses.......................................................................................13 4. Applicability to Individuals.......................................................................................13 Part II: Selection of Subcontractors and Vendors................................................................................14 1. Procedures ......................................................................................................14 2. Sources for Locating Section 3 Covered Businesses.................................................14 3. Required Contract Clauses...................................................................................14-15 PartIII: Hiring Trainees and Employees...............................................................................................15 1. Procedures .................................................................................................15-16 2. Good Faith Efforts.....................................................................................................16 PartIV: Compliance and Consequences................................................................................................16 1. Monitoring of Requirements.....................................................................................16 2. Grievance Procedures................................................................................................17 3. Sanctions...........................................................................................................17-18 Part V: Section 3 Attachments.......................................................................................................19 1. Self-Certification Form ATTACHMENT B..........................................................................20 2. Statement of Release ATTACHMENT D..............................................................................21 3. Preliminary Statement Work Force Needs ATTACHMENT E..........................................22 4. Blank Page.............................................................................................23 12 City of Fort Worth Affirmative Action Plan City of Fort Worth Fiscal Services Department Budget and Management Services Department Affirmative Action Plan Under Section 3 of the 17` .7 Housing and Urban Development Act of 1968 1. ,Summary Explanation and Purpose: Section 3 of the Housing and Urban Development Act of 1968,as amended,("Section 3")is binding upon the City of Fort Worth,("the City")and its Contractor in all projects using Community Development Block Grant (CDBG)funds. Any Contractor receiving 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 that will be followed by the City of Fort Worths Budget and Management Services Department,Contract Management Division("CMD")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 CMD Target areas are considered priority areas. The Target areas include the following 2000 census tracts/block group numbers: 1001.01/1, 1001.01/3, 1001.01/4, 1001.01/6, 1001.02/4, 1001.02/5, 1001.02/6, 1002.01/1, 1002.01/2, 1002.01/3, 1002.01/4, 1002.02/1, 1002.02/2, 1002.02/3, 1002.02/4, 1002.02/5, 1003/1, 1003/2, 1003/3, 1003/4, 1003/5, 1003/6, 1004/1, 1004/2,.1004/3, 1004/4, 1004/5, 1004/6, 1005-01/1, 1005.01/2, 1005.01/3, 1005.01/4, 1005.0115, 1005.01/6, 1005.02/1, 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, 100815, 1009/1, 1009/2, 1009/3, 1010/1, 1010/2, 1011/1, 1011t2, 1011/3, 1011/4, 1012.01/1, 1012.01t2, 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, 1014.03n, 1015/2, 1015/3,1015/5, 101611, 1016/2, 1017/1, 1017/2,1017/3, 1018/1, 1018/2, 1020/1, 1020/2, 1021,6, 1021n, 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, 1025t2, 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, 10308, 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, 1037.02t2, 1037.02/3, 1038/1, 1038t2, 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, 10432, 1043/3, 1043/4, 1043/5, 1044/1, 1044/3, 1044/4, 1044/7, 1045.01/1, 1045.012, 1045.01/3, 1045.01/4, 1045.01/5, 1045.01/6, 1045.01/7, 1045.0118, 1045.02/1, 1045.02/2, 1045.02/3, 1045.03/1, 13 City of Fort Worth 4ftmativeAction Plan 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, 102.8.01/4,1048.01/5,1048.01/6, 1048.01/7, 1049.01/8, 1048.02/1, 1048.02/2, 1048.02/3, 1048.02/4, 1050.01/1, IM.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, 105:'..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 that are at least fifty-one percent(51%)owned by socially or economically disadvantaged persons who reside in the Section 3 covered areas,and which qualify,as small businesses under the standards of the Small Business Administration are eligible for the benefits of Section 3. 4. Applicability to Individuals: Any person who resides in the Section 3 covered area and whose family income does not exceed eighty percent (80%)of the median income in the Dallas-Fort Worth Standard Metropolitan Statistical Area may be designated as a "lower income person". Section 3 is intended to benefit such individuals through employment and training opportunities. 14 City of Fort Worth AfflrinadwAciYon 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 bidi are solicited,the contractor will notify bidders of Section 3 requirements. Each contractor will make a good faith effort to issue invitations to bid to Section 3 covered businesses and to use local and minority media to advertise contractual opportunities. Contracts,which are typically let on a negotiated basis in non-Section 3 covered areas,will be let on a negotiated basis in Section 3 covered areas,if feasible. 2. Sources for Locating Section 3 Covered Businesses The City operates the Minority/Women Business Enterprise(M/WBE)office to assist in the location and certification of Section 3 covered businesses and to inform such businesses of bidding opportunities for City contracts. Lists of Section 3 covered businesses area also available from the Fort Worth Regional HUD Office,the Small Business Administration and other similar agencies. Any business wishing to qualify as a Section 3 covered business will be given the opportunity to file a Self-Certification form(Attachment B)with the MfWBE office and all CDBG contractors are encouraged to seek the assistance of that office,should any question arise. CUD 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 6 135.38 In the event a CDBG Contractor wishes to subcontract any portion of a project utilizing CDBG monies,the written prior approval of CMD must be obtained. Furthermore,the following paragraphs must be included in each subcontract: 15 City of Fort worth `irmativc Adan A. The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968,as amended 12 U.S.C. 170lu(section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3,shall,to the greatest extent feasible,be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. B. The parties of this Contract agree to comply with HUD's regulations in 24 CFR part 135,which implement section 3. As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The Contractor agrees to•send to each labor organization or r::presentative of workers with which the contractor has a collective bargaining agreement or other unders%mding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions, the qualifications for each;and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The Contractor will certify that any vacant employment positions,including the training positions,that are filled(1)after the contractor is selected but before the contact 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 13:5 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 sectior.3 covered Indian housing _ 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. S;:ction 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 ea:tent feasible,but not in derogation of compliance with section 7(b). .,�,.�•,.f.'PARS ` ' r.� ,�a 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 CMD to ascertain the current and projected use of Section — 3 covered individuals. 16 City of Fort Worth Affirmative Ac ion Plan 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 that 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 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 meets 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 RT_IV_COI C � jVI),GUSrE S;::x,; ... f;•' employment positions with the project. 1. Monitoringof Requirements: CMD 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 CMD. Next,CMD 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 standard,the good faith efforts of the Contractor will be assumed. If compliance problems are discovered CMD will encourage the Contractor to resolve them. If this informal persuasion should fail CMD may request that sanctions(as specified below)be applied. 17 City of Fort Worth AfflrmativeACdMPk" 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. Informal complaints should be directed to CMD for investigation of its Contractor's compliance,or to the Contractor for investigation of the subcontractor's compliance. CMD Contractors will notify CMD of all informal complaints they receive. If the complaint is found valid,CMD 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 maybe fled. The grievance should be in writing and include: (1)the name and address of the grievant;(2)the name and address of the grievant business,if applicable;(2)the name and address of Le City,Contractor,or Subcontractor (hereafter called"respondent');(4)a description of the acts or omissions giviag 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 Urbana 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 finished 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. 18 City of Fort Worth Agirmative 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 Nfmority/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)392-6104 18 City of Fort Worth Ar"rmative Action Plan SECTION 3 ATTACHMENTS Please Complete and Return Within Seven('n Days 19 City of Fort Worth Affirmative Action Plan ATTACHMENT B SELF-CERTIFICATION FORM SOCIALLY OR ECONONIICALLY 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: 20 City of Fort Worth Affm' a#ve 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/Organizatiow. Address: (Set) (City) (StIft) (zip) Signature: Title: 21 fA al M5 �i -v ? o a 8 SSS ° .5 al cc 0 �', paCnQQR� m '[nwH a� ca * 5 cc w * O* C N stti0 con O �C p„ t3 to d t z � � H O H F � W � � A Q Q OR H 0 N � x y a a U H U O CC, o � 3 y La O w O U v w U3 H z cu o i E. on z o e 5 0 O A H � A U Q ej A U C7 ] .. � g ,o b _ � L O - 3 L w W O U STATEMENT OF POLICY ON EQUAL EMPLOYMENT OPPORTUNITY It will be the policy of this firm to not discriminate against any applicant for employment,or any employee,because of race, creed, color, age, sex, or natural origin. This firm will insure that this policy is continually enforced with regard to employment, promotion, upgrading, demotion,transfer,recruitment, and recruitment advertising, lay off and termination,compensation,training,and working conditions. We will make it understood by all with whom we deal, and in all our employment opportunity announcements that the foregoing is our policy. All applicants and employees will be judged solely on the basis of their skill,devotion loyalty,reliability and integrity. Company Name Signature 24 EFFECTIVE APRIL 1. 1990 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT REQUIREMENTS Contractor agrees to comply with the requirements of the Housing and Urban Development Act of 1968, as amended, and with the regulations promulgated thereunder. Specifically, Contractor shall comply with the following Acts and Orders and their regulations: 1. EXECUTIVE ORDER 11246.EQUAL OPPORTUNITY CLAUSE:SECTION 202 During the performance of this Contract,the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color,religion,sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race,'color, religion,sex or national origin. Such action shall include,but not be limited to,the following:employment; upgrading;demotion or transfer,recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The Contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex or national origin. C. The Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding,a notice advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. I The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and with the rules,regulations and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by. rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department of Housing and Urban Development ("the Department") and the Secretary of Labor for purposes of.investigation to ascertain,compliance with such rules,regulations and orders. £ In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor,or as otherwise provided by law. g. The Contractor will include the sentence immediately preceding Paragraph a and the provisions of Paragraphs a through g in every subcontract or purchase order unless exempted by rules,regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department,the Contractor may request the United States to enter into such litigation to protect the interest of the United States. 25 h. The Contractor shall submit a certification and shall require each of its subcontractors to submit a certification that all facilities provided for employees of Contractor or any subcontractor shall be fully integrated,and Contractor shall not permit its employees to perform their services in any locations under its control where segregated facilities are maintained. L The Contractor and each subcontractor shall permit access during normal business hpurs to its premises for the purpose of conducting on-site compliance reviews and for inspecting and copying such books,records, accounts and other material as may be pertinent to compliance with the Order and the rules and regulations promulgated pursuant thereto by the City. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended)and in furtherance of the proposes of the Order and the Act. 2. AFFIRMATIVE ACTION ACTS a. In performance of all contracts, the Contractor will comply with the Affirmative Action Guidelines of _ Executive Order 11246 and the implementing regulations and documents thereof b. In performance of all contracts in the amount of$10,000 or more:Contractor will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, and the implementing regulations and documents and shall have on file a written affirmative action policy, which has the stated work force goals of 18.2% minority persons and 6.9% females, and must follow the hiring practices specified in Subsection C,below. Additionally,Contractor agrees to the following provisions: (1). The work to be performed under this Contract is*on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is - subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that,to the greatest extent feasible, opportunities for training and employment are given to lower income residents of the project area and contracts for work in connection with the project are awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this contract certify and a;;free that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any,a notice advising the said labor organization or workers`representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The Contractor will include this Section 3 clause in ever,subcontract for work in connection with the project and will,at the direction of the applicant for or recipient of Federal financial assistance, _ take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development as set forth in 24 CFR 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contact shall be a condition of the Federal financial assistance provided to the project, binding 26 upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant, loan agreement or contract through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135. C. In performance of all contracts in the amount of$50,000 or more,and where the Contractor employs more than twenty-five non-construction employees,the Contractor must promulgate a specific affirmative action plan,and must take specific affirmative action to ensure equal employment opportunities. Contractor shall implement affirmative action steps at least as extensive as the following- (1) Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and are carrying out-the Contractor's obligations. to maintain such a working environment,with specific attention to minority and female individuals working at such sites or in such facilities. The Contractor, where possible, will assign two or more women to each construction project. (2) Establish and maintain a current list of minority and female recruitment sources and provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations'responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred,not employed by the Contractor,this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the City when the union or unions with which the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeships and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subsection(2)above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obliga- tions;by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report;by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the' company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Y (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, lay-ofd termination or other employment decision, including specific review of these items with on-site supervisory personnel, such as superintendents and general foremen, prior to the initiation of 27 construction work at any job site. A written record shall be made and maintained identifying the name and place of these meetings,persons attending, subject matter discussed and disposition of the subject matter. (8) Disseminate the Contractor's EEO policy externally by inclu(ling highlights of it in any advertising in the news media, specifically including minority and female news media, and providing written notification to, and discussing the Contractor's EEO policy with, other contractors and subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations,.to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contrac zes recruitment area and employment needs. Not later than one month prior to the date far the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above,describing the openings,screening procedures and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after-school, summer and vacation employment to minority and female youths,both on the site and in other area of the Con_ractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR.,Part 60-3. T (12) Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training,such opportunities. (13) Ensure that seniority practices,job classifications,work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment- related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non-segregated except as separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 28 (15) Document and maintain a record of all solicitations for subcontracts from minority and female construction contractors and suppliers,including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors` adherence to and performance under the Contractor's EEO policy and affirmative action obligations. I The Contractor shall designate a responsible official to monitor all employment-related activities to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the City and to keep records of the same. Records for each employee shall at least include: the employee's name; address; telephone number, construction trade; union affiliation, if any; employee identification number where assigned; social security number,race;sex; status; dates of changes in status; hours worked per week in the indicated trade;rate of pay;and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however,to the degree that existing records satisfy this requirement,Contractor shall not be required to maintain separate records. 3. COPELAND ANTI-KICKBACK ACT In any contract.involving construction or repair,Contractor agrees to comply,and shall require its subcontractors to comply,with the provisions of the Copeland"Anti-Kickback Act"(I8 U.S.C. 874), as supplemented in Department of Labor regulations(29 CFR Part 3). This Act provides that each Contractor or subgrantee shall be prohibited from inducing,by any means, any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitled;and,if found guilty of doing so,shall be fined not more than$5,000 or imprisoned not more than five(5)years,or both. 4. DAVIS-BACON ACT In any contract for construction in excess of $2,000: Contractor agrees to comply, and shall require its subcontractors to comply,with the provisions of the Davis-Bacon Act(40 U.S.C. 276a to a-7). This Act requires contractors to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor and to pay wages not less often than once a week Specifically, Contractor agrees to comply with the following Department of Labor regulations(29 CFR Part 5): a. Minimum wages All laborers and mechanics employed or working upon the site of the work performed pursuant to this contract will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act),the full amount of wages and bonafide fringe benefits (or cash equivalents thereof)due at the time of payment,computed at rates not less than those contained in the wage determination of said Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bonafide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of Iaborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Paragraph d of this clause; also, regular contributions made or costs incurred for more than a weekly period under plans, funds or program which occur the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classifications of work actually performed without regard to skill, except as provided in the clause entitled "Apprentices and Trainees." Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein;provided,that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(including any additional classifi- cations and wage rates conformed under Paragraph b of this clause) and the Davis-Bacon poster shall be 29 posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where they can easily be seen by the workers. b. Employment of Laborers or Mechanics not listed in Aforesaid Wage Determination Decision (1) The City shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under this Conlract shall be classified in conformance with the wage determination. The City shall approve an ;additional classification and wage rate and fringe benefits therefore only when the following criter.la have been met: (a) The work to be performed by the classificaitian requested is not performed by a classification in the.wage determination; (b) The classification,is utilized in the area by the constriction industry-,and (c) The proposed wage rate, including any bonafide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) if the Contractor and the laborers and mechanics to be employed in the classification or their representatives and the City agree on the classification and wage rate, including the amount designated for fringe benefits,where appropriate, a report of the action taken shall be sent by the City to the Administrator of the Wage and Hour Division,Employment Standards Administration, United States Department of Labor. The Administrate', or an authorized representative, will approve,modify or disapprove every additional classification action within 30 days or receipt and so advise the City or will notify the City within the 30-day period that additional time is necessary. (3) In the event the Contractor,the laborers or mechanics to be employed in the classification,and the City do not agree on the proposed classification and wage rate, including the amount designated for fringe benefits,where appropriate,the City shall refer the questions, including the reviews of all interested parties and the recommendations of the City,to the Administrator for determination. The Administrator of the Wage and Hour Divisions, or an authorized representative, will issue a determination within 30 days of receipt and will so advise the City or will notify the City within the 30-day period that additional time is necessary. _ (4) The wage rates determined pursuant to the above provisions shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. C. Fringe Benefits Not Expressed as Hourly Wage Rates Whenever the minimum wage rate prescribed in this Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the Contractor shall either pay the benefit as stated in the wage determination or shall pay either bonafide fringe benefits or an hourly cash equivalent thereof. d. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or third person,he may consider as part of the wages _ of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage d:termination decision of the Secretary of Labor which is a part of this Contract, provided, however, the Secretary of Labor has found, upon the written request of the Contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor with respect to fringe benefits being provided by the Contractor must be submitted to the City with the first payroll filed by the Contractor subsequent to receipt of the findings. e. Underpayments of Wages or Salaries 30 The City shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this Contract or any other federal contract with the same prime Contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the Contractor or any subcontractor, the full amount of wages required by this Contract. In the event of Contractor's failure to properly pay any laborer or mechanic,including any apprentice,trainee or helper employed or working on the site of the work,the City may, after written notice to the prime Contractor, take such action as may be necessary to cause a suspension of any further payment, advance or guarantee of funds until such violations have ceased. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the subcontractor,to their respective laborers or mechanics to whom the same is due or on their behalf to plans, funds or programs for any type of fringe benefit prescribed in applicable wage determination. E Payrolls and Basic Payroll Records of Contractor and Subcontractors (1) Payrolls and basic records relating to the work performed under the terms of this Contract shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address and social security number of each such worker, his or her correct classification,hourly rate of wages paid(including rates of contributions or costs anticipated for bonafide fringe benefits or cash equivalents thereof), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing benefits under a plan or program described by the Davis-Bacon Act,the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,that the plan or program has been communicated in writing to the laborers or mechanics affected, and the cost anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprenticeships and trainees,and the ratios and wage rates prescribed in the applicable program. (2) (a) The Contractor shall submit weekly a copy of all payrolls to the City if the City is a party to the Contract,but if the City is not such a parry,the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the City. The payroll submitted shall set out accurately and completely all of the information required to be maintained under Paragraph(1) of this Section. The information shall be submitted in a form approved by the City. The Contractor is responsible for the submission or copies of payrolls by all subcontractors. (b) Each payroll submitted shall be accompanied by a "statement of compliance", signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be maintained under Paragraph (1) of this Section and that such information is correct and complete; (ii) That each laborer or mechanic employed on this Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions. 31 (iii) That each laborer or mechanic has been Paid not less than the applicable wage rates and fringe benefits or cash equival Emnt for the classification of work per- formed,as specified in the applicable wage determination incorporated into this Contract. - (c) The falsification of any of the above certificutions may subject the Contractor or subcontractor to civil or criminal prosecution umber Sec. 1001 of Title XVIII and Sec. 231 of Title XXXI of the United States Code. T (3) The Contractor or subcontractor shall make the records required under Paragraph (1) of this section available for inspection,copying, or transcription Ly the City or the Department of Labor or their authorized representatives. The Contractor and subcontractors shall permit such representatives to interview employees during working );tours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the'City may, after written notice to the Contractor,take such action as may 1>e necessary to cause the suspension of any further payment; advance or guarantee of funds. Furhermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. g. Employment of Apprentices and Trainees (1) ARprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bonafide apprenticeship program registered with the U.S.Department of Labor,Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeslizp program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to jmmeymen on the job site in any craft - classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprenticeship wage rate, who is not registered or otherwise employed as stated above shall be paid not less than the applicable wage rate on the wage determination for the c:,ossification of work actually performed. In addition,any apprentice performing work'on the job s ite in excess of the ratio-permitted under the registered program shall be paid not less than tae applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on _ a project in a locality other than that in which its program is registered,the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at no less than the rate specified in the registered program for the apprentice's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid _ the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticesh P and Training, or a state apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. _ 32 (2) Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification,by the U.S.Department of Labor,Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a-trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rats for work performed until an acceptable program is approved. (3) Equal EmAloyment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR Part 30. I Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract,and a statement showing all deductions,if any,to be made from wages actually earned by persons so employed or to be employed in such classifications, in accordance with the provisions of this Contract, shall be posted at appropriate conspicuous points at the site of work. i. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to the classification of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the City for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor,United States Department of Labor,whose decision shall be final with respect thereto. 5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Contractor will comply with all provisions of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327- 332), as supplemented by Department of Labor Regulations(29 CFR,Part 5). Specifically,Contractor will comply with the following standards: a. Overtime Compensation No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics,including watchmen and guards,shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 33 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his or her basic rate of pay for all hours worked in excess of 40 hours in such workweek b. Violation:Liability for Unpaid Wages:Liquidated Damages In the event of any violation of the clause set forth in Paragraph a of this section,the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his or her unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in Paragraph a of this section. C. Withholding for Unpaid Wages and Liquidated Damages The City shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any monies payable on account of work performed by the Contractor or subcontractor under any contract or any other Federal contract with the _ same Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contmctor or subcontractor for unpaid wages and liquidated damages as provided in Paragraph b of this section. - d. Subcontracts The Contractor shall insert in all subcontracts the clauses set forth in Paragraphs a,b,and c of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. The prime Contractor shall be responsible for comp''Jance by any subcontractor or lower tier subcontractor with the provisions set forth in this section. 6. CHILD LABOR ACT Contractor will comply with the Child Labor provisions of the Fair Labor Standards Act,29 U.S.C.212-319 and that Act's implementing regulations, found at 29 CFR 570. This Act prohibits the paid or unpaid employment of - individuals under the age of 18 years on any construction project 7. MISCELLANEOUS PROVISIONS a. Complaints,Proceedings,or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because-such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. b. Questions Concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of(a)the aforesaid Anti Kickback Act, (b)the Contract Work Hours and Safety Stardards Act,(c)the aforesaid Davis-Bacon Act, (d)the regulations issued by the Secretary of Labor, United States Department of Labor,pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statue, shall be referred, 34 through the City and the Secretary of Housing and Urban Development,to the Secretary of Labor,United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. C. Provisions to be Included in Subcontracts The Contractor or subcontractor shall insert in any Subcontract the above-specified clauses entitled "3. COPELAND ANTI-KICKBACK ACT." "4. DAVIS-BACON ACT." "5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT." "6. CHILD LABOR ACT." "7. MISCELLANEOUS PROVISIONS" and such other clauses as the City may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all the contract clauses cited above. d. Breach of Foregoing Federal.Labor Standards Provisions In addition to the causes for termination of this Contract,as herein elsewhere set forth,the City reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of the foregoing Federal Labor Standards provisions. A breach of these Federal Labor Standards provisions my also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor,United States Department of Labor. e. Employment Practices The Contractor shall (1), to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed,and (2)insert or cause to be inserted this provision in each construction subcontract. £ Contract Termination;Debarment A breach of any of the Acts or regulations specified in Paragraph c,above,may be grounds for termination of this Contract.and for debarment as a Contractor and a subcontractor,as provided in 29 CFR 5.12. g. Disputes Concerning Labor Standards Disputes arising out of the Labor Standards provisions of this Contract shall not be subject to the General Disputes Clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR,Parts 5,6 and 7. Disputes,within the meaning of this Clause, include disputes between the Contractor or any of its subcontractors; and the City,the U.S.Department of Labor,their employees or representatives. h. Certification of Eligibility (1) By entering into this Contract, the Contractor certifies that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Sections 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). _ (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of the above-mentioned sections. 35 S. CLEAN AIR AND WATER ACT a. Contractor shall comply with all requirements of Section 114 of the Clean Air Act, as amended(42 U.S.C. 1857, et seq.). and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) relating to inspection,monitoring,entry,reports and information,as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this Contract. b. No portion of the work required by this Contract will be performed.in a facility listed on the EPA List of Violating Facilities on the date when this Contract was awarded u.-Jess and until the EPA eliminates the name of such facility or facilities from such listing. C. Cofactor shall use its best efforts to comply with clean air standards and clean water standards at all ' facilities in which the Contract is being performed. d. Contractor shall insert the substance of the provisions of this clause into any non-exempt subcontract, including this Paragrapli. 9. LEAD BASED PAINT HAZARD In all contracts for construction or rehabilitation of residential structures,the Contractor and all subcontractors shall comply with the Lead-Based Paint regulations found in 24 CFR 35 and shall comply with the provisions for the elimination of lead-based paint hazards under Sub Part B thereof. 10. RESPONSIBILITY OF CONTRACTOR REG RDING REPORTS Contractor will comply with the requirements of the City of Fort Worth's Fiscal Department, Intergovernmental Affairs and Grants Management regarding the compiling and reporting of statistical information required by the Federal regulations outlined above. Specifically,Contractor agrees to submit all completed reports according to the instructions and requirements of the Fort Worth Fiscal Services Department/Intergovernmental Affairs and Grants Management,and Contractor understands the failure to do so may be cause for termination of this contract 36 CERTIFICATION AND ACKNOWLEDGMENT I certify that I have read and understand the information regarding my obligations as a Contractor on a project funded by the United States Department of Housing and Urban Development, which is contained in the preceding Contract provisions. I understand that, should I have any questions regarding my obligations, I will as soon as possible contact the Fort Worth Budget and Management Services Department/Contract Management Division staff member who is assigned to monitor this Contract. Contractor. Title: 37 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 CFR 12319-25). The implementing rules and regulations provide that any bidder or prospective cohtractor,or any of their proposed subcontractors,shall state as an initial part of the bid or negotiations of the Contract whether they have participated in any previous contract or subcontract subject to the Equal Opportunity Clause; and, if so,whether they have filed all compliance reports due under applicable instructions. Where the certification indicates that-the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes 0 No 0(If answer is yes,identify the most recent contract.) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes 0 No 0 3. Bidder has filed all compliance reports due under applicable instructions,including SF-100. Yes CI No 0 4. If answer to item 3 is'No,"please explain in detail on reverse side of this certification. Certification-The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer(Please Type) Signature Date 39 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION REGARDING LOBBYING The undersigned certifies,to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the raldng of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form- LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooper- five agreements)and that all subrecipients shall certify and disclose accordingly. Signature Title Date 39 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATE OF OWNER'S ATTORNEY I,the undersigned, .the duly authorized and acting legal representative of do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof;and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives,that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon;and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms,conditions and provisions thereof. Signature: Date: 40 U.S.DEPARTMENT OF LABOR WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS INSTRUCTIONS FOR COMPLETING PAYROLL FORM WH-347 General: The use of WH-347, payroll form, is not mandatory. This form has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out,this from will satisfy the requirements of Regulations,Parts 3 and 5(29 CFR, Subtitle A),as to payrolls submitted in connection with contracts subject to the Davis Bacon and related Acts. This form meets needs,resulting from the amendment of the Davis-Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay not less than fringe benefits as predeterriuned by the Department of Labor,in addition to payment of not less than the predetermined rates. The contractor's obligation to pay fringe benefits may be met either by payment of the fringes to the various plans, funds, or programs or by making these payments to the employees as cash in lieu of fringes. This payroll provides for the contractor's showing on the face of the payroll all monies paid to the employees, whether as basic rates or as cash in lieu of fringes and provides for the contractor's representation in the statement of compliance on the rear of the payroll that he is paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions concerning the preparation of the payroll follow: Contractor or Subcontractor: Fill in your firm's name and check appropriate box. Address: Fill in your farm's address. Column 1 -Name.Address.and Social Security Number of EmploYee: The employee's full name must be shown on each weekly payroll submitted. The employee's address must also be shown on the payroll covering the first week in which the employee works on the project. The address need not be shown on subsequent weekly payrolls unless his address changes. Although not required by Regulations, Parts 3 and 5, space is available in the name and address section so that Social Security numbers may be listed. Column 2 -Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations,Parts 3 and 5. Column 3-Work CIassifications: List classification descriptive of work actually performed by employees. Consult classifications and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary,see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown of hours so worked is maintained and shown on submitted payroll by use of separate line entries. 41 Column 4 -Hours Worked: On all contracts subject to the Contract Work Flours Standards Act enter as overtime hours all hours worked in excess of 40 hours a week. Column 5-Total: Self-Explanatory. Column 6-Rate of Pay including Fringe Benefits: In straight time box,list actual hourly rate paid the employee for n straight time worked plus any cash in lieu of fringes paid the employee. When recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus $3.25/.40. This is of assistance in correctly computing overtime. See "FRINGE BENEFITS" below. In overtime box show overtime hourly rate paid,plus any cash in lieu of fringes paid the employee. See"FRINGE BENEFITS"below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standards Act for 1962. In addition to paying not less than the predetermined rate for the classification in which the employee works,the contractor shall pay to approved plans,funds,or programs or shall pay as cash in lieu of fringes amounts predetermined as fringe benefits in the wage decision made part of the contract. See "FRINGE BENEFITS"below. FRINGE BENEFITS -Contractors who pay all required fringe benefits: A. contractor who pays fringe benefits to approved plans,funds or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of the payroll the basic cash hourly rate and overtime rate paid to his employees just as he has always done. Such a contractor shall check paragraph 4(a)of the statement on the reverse of the payroll to indicate that he is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in Section 4(c). Contractors who Rgy no fringe benefits: A Contractor who pays no fringe benefits shall pay to the employee, and insert in the straight time hourly rate column of the payroll, an amount not l ass than the predetermined rate for each classification plus the amount of fringe benefits determined for each classi5cation in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes,the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time prei-nium on basic or regular rate, plus the required cash in lieu of fringes at the straight time rate. In addition,the cor.tractor shall check paragraph 4(b)of the statement on the reverse of the payroll to indicate that he is paying fringe b nefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c),Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a)or 4(b),whichever the contractor may check,shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to plans, funds, or programs as fringes. The contractor shall pay, and shall show that he is paying to each such employee for all hours (m_Sess otherwise provided by applicable determination)worked on Federal or Federally assisted project an amount not less than the predetermined rate plus cash in lieu of fringes as - shown in Section 4(c). The rate paid and amount of cash paid in lieu of fringe benefits per hour should be entered in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate. Column 7 - Gross Amount Earned: Enter gross amount earned on this project, If part of the employee's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus$63.00/120.00. Column 8-Deductions: Five columns are provided for showing deductions made. If more than five deductions should be involved,use first 4 columns;show the balance of deductions under"Other"column;show actual total under"Total Deductions"column;and in the attachment to the payroll describe the deductions contained in the "Other"column All deductions must be in accordance with the provisions of the Copeland Act Regulations,29 43 CFR,Part 3.If the employee worked on other jobs in addition to this project,show actual deductions from his weekly gross wage,but indicate that deductions are based on his gross wages. Column 9-Net Wages Paid for Week: Self-explanatory. Totals-Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Required by Reeulations.Parts 3 and 5: While this form need not be notarized,the statement on the back of the payroll is subject to the penalties provided by 18 USC 1001,namely,possible imprisonment for 5 years or $10,000.00 fine or both. Accordingly,the party signing this required statement should have knowledge of the facts represented as true. Space has been provided between items(1)and(2)of the statement for describing any deductions made. If all deductions made are adequately described in the"Deductions"column above,state"See Deductions column in this payroll". See paragraph entitled"FRINGE BENEFITS"above for instructions concerning filling out paragraph 4 of the statement. ^Ip) 1�/.�\Jt111 [�IVJ r j'i1� III 1i�II U.S.Department of Housing and Urban Development CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES Project Name Date Location Project No. (1)(We)hereby certify that(I am)(we are)(the prime contractor)(a subcontractor)for (Specify"General Construction","Plumbing', "Roofing",etc) in connection with construction of the above-mentioned Project,and that(1)(we)have appointed whose signature appears below, to supervise the payment of (my) (our) employees beginning ,20___;that he/she is in a position to have full knowledge of the facts set forth in the payroll documents and in the statement of compliance required by the so-called Kick-Back Statute which he/she is to execute with(my)(our)full authority and approval until such time as (1) (we) submit to a new certificate appointing some other person for the purposes hereinabove stated. (Identifying Signature of Appointee) Attest(if required): (Name of Firm or Corporation) (Signature) (Signature) ('Title) (Title) NOTE: This certificate must be executed by an authorized officer of a corporation,by a member of a partnership,or the sole owner and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed,a new certificate must accompany the first payroll for which the new appointee executes a statement of compliance required by the Kick-Back Statute. 45 7 Cf) �e2� Z et k� o \A A. z Z _ U.� � �\ � § § ■ cc: 0 \ \ e § 7 P / � O 4 $)2 2 Q LL .. 2 - 8 % % E §=z U. - §�� e $ 14S k g IL 14 ■ 2 Q � 2 q 2 CL § 2 � O � k o _ o o . o w o w o e o . � s § w | o ||§ � k q k m O � b � § � 2 �■ § ■$Lu 2 co §)§ § k scab f 0 N cc z ILE U.S.DEPARTMENT OF LABOR STATEMENT OF COMPLIANCE Form Approved WAGE AND HOUR AND PUBLIC Budget Bureau No. 44-R1090 CONTRACTS DMSIONS Date I, , do hereby state: (Name of signatory party) (Title) (1) That I pay or supervise the payment of the persons employed by (Contractor or subcontractor) on the 1 that during the payroll period commencing on the day of (Building or work) 20 and ending the day of 20_, all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said (Contractor or subcontractor) from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3. (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948.63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States.Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS Q In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH O Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (Craft) EXPLANATION Remarks Name and Title Signature THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CML OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. 49 *EMPLOYEES STATEMENT OF WORK VERIFICATION The undersigned hereby certifies that he has engaged in the following work classifications for the payroll week beginning and ending (fie) and was employed by (Date) (Name of Company) WORK S M T WITH IFISATI TOTAL IRATEOF1 GROSS CLASSIFICATION HOURS PAY PAY TOTALS (Employee's Signature) "This information is required when an employee is used in more than one classification during any payroll period;for example, Carpenter for part of a day or week, and laborer or other classification for the remainder of the time, and is paid different rates of pay for each classification. If the employee is paid the higher rate(t)for all work performed, this form is not required. 50 Payroll Deduction Authorization This is the authorization to the to deduct from my paycheck$ *This is for item number. REPAYMENT OF: 1. Loan 7. Credit Union 2. Retirement S. Profit Sharing 3. Advance on Wages 9. Donations to Agencies 4. Savings 10. Insurance Premiums S. Savings Bonds 11. Union Dues 6. Uniforms 12. *This deduction is to be made: CHECK APPROPRIATE BOX ❑ Onetime only ❑ Weekly ❑ BI-weekly ❑ For weeks Date: Employee's Signature: Printed or Typed Name: Project Name and Number. S1 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT INPUT SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To(Appropriate Recipieng Date C/O Project Number(if any) Project Name 1. The undersigned, having executed a contract with (Name of Contractor or Subcontractor) for (Nature of Work) In the amount of$ In the construction of the above-identified project, certifies that. (a) The Labor Standards Provisions of The Contract for Construction are included in the aforesaid contract (b) Neither he nor any firm, corporation, partnership, or association in which he has a substantial Interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, part 5 (29 CFR, Part 5), or pursuant to Section 3(a)of the Davis-Bacon Act, as amended (40 U.S.C. 276a-(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about (Nature of work) In the amount of$ 3. He certifies that (a) The legal name and the business address of the undersigned are: (b) The undersigned is: 59 (1) A Single Proprietorship: (3) A Corporation Organized in the State of. (2) A Partnership: (4) Other Organization (Describe) (c)The name,title and address of the owner, partners or officers of the undersigned are: Name TRW Address (d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest are if none, so state): Name Address Nature of Interest r� ' (e) The names, addresses and trade classifications of all other building construction contractors in which the undersi ned has a substantial interest are if none, so state): Name Address Nature of Interest (Subcontractor) By (Signature) (Typed Name and Title) 54 WARNING U. S. Crimnal Code, Section 1010, Title 18, U.S.C, Provides in part "Whoever... makes, passes, alters, or publishes any statement, knovAng the same to be false ... shall be fined not more than $5,000 or imprisioned not more than two years, or both." 55 FoRTWORTH City of Fort Worth Community Development Block Grant Funded Project FORM PACKET Complete Before or the Start of the Work (the earliest) Project Name: Pre-Construction Conference Date: Grant Monitors: Sherry Johsnon Marilyn Jackson (817) 392-7333 (817)392-7536 DEPARTMENT OF BUDGET & MANAGEMENT SERVICES Division of Grants Management&Contract Compliance THE CITY OF FORT WORTH*1000 THROCKMORTON STREET*FORT WORTH,TEXAS 76102 (917)392-7563*FAX(817)392-8383 City of Fort Worth Budget and Management Services Community Development Block Grant (CDBG) Funded Construction Projects SUB WHO COMPLETES SUBMIT PRIME REQUIRED FORM FORM DUE TO: SUBMIT TO: Payroll Forms You are not required to use The prime contractor Beginning the first week your Payroll Form WH-347. You should review ea. company works on a project may use any other type of Subcontractor's and for every week payroll, such as payroll reports for afterward until your firm has computerized formats, as compliance prior to completed its work, Number long as it has all of the submitting the reports the payroll reports beginning information that is required to Contract with#1 Initial and clearly Contract on the WH-347 Compliance mark you last payroll"Final" PRIME Compliance U.S. Department of Labor Statement of Compliance Contractor and Attach to the weekly payroll Contract Form Subcontractors with original signature PRIME Compliance Required when employee is used in more than one classification, and specify Employees Statement of Contractor and different rates of pay during Contract Work Verification Form Subcontractors any payroll period. PRIME Compliance Only one employee authorization is needed for recurring deductions. This Employees Must should accompany the Payroll Deduction Authorize All FIRST Payroll on which the Contract Authorization Form Deductions deduction appears PRIME Compliance U.S. Department of HUD Community Block Grant Input Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Contract Requirements Form Subcontractor Before start of work PRIME Compliance NOTICE TO ALL EMPLOYEES Working on Federal or Federally Funded Finance Construction Post on site at the start of Projects Contractor Must Post construction POST POST Equal Employment Opportunity Poster U.S. Post on site at the start of Department of Labor Poster Contractor Must Post construction POST POST Post on site at the start of Project Designation Sign Contractor Must Post construction POST POST Prime Contractor Forwards All Forms To The Contract Compliance Monitor U. S.DEPARTMENT OF LABOR WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS INSTRUCTIONS FOR COMPLETING PAYROLL FORM WH-347 General: The use of WH-347,payroll fomm,is not mandatory. This form has been madeavailable for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction--type contracts and subcontracts to submit weekly payrolls. Properly filled out, this from will satisfy the requirements of Regulations,Parts 3 and.5 (29 CFR,Subtitle-A), as to payrolls submitted in connection with contracts subject to the Davis Bacon and related Acts. This form meets needs resulting from the amendment of the Davis Bacon Aef to include fiinge benefits provisions. Under this amended law,the contractor is required to pay not less than fringe benefits as predetermined by the Department of Labor, in addition to payment of not less than the predetermined-rates. The contractor's obligation to pay fringe benefits may be met either by payment of the fringes to the various plans,fiords, or programs or by making these payments to the employees as cash in lieu of fringes. This payroll provides for the contractor's showing on the face of the payroll all monies paid to they employees, whether as basic rates or as cash in lieu of fringes and provides for the contractor's representation in the statement of compliance on the rear of the payroll that he is paying to others fringes required by the contract dud not paid as cash in lieu of fringes. Detailed instructions concerning the preparation of the payroll follow: Contractor or Subcontractor. Fill in your firm's name and check appropriate bom Address: Fill in your firm's address. Column 1 -N e Address, and Social Security Number of EmvloThe employee's full name must be shown on each weekly payroll submitted. The employee's address must.also be shown on the payroll covering the first'week in which the employee works on the project. The address need not be shown on subsequent weekly payrolls unless his address.changes. Although not required by Regulations,Parts 3 and 5, space'is available in the name and address section*so that Social Security numbers maybe listed. C"olum"n_ 2 - Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations,Parts 3 and 5. Column 3 - Work Classifications: List classification descriptive of work actually performed by employees. Consult classifications and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necesgary,see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown of houis so worked it maintained and shown on submitted payroll by use of separate dine entries. Column 4-Hours Worked:.On all contracts subject to the Conl:ract Work Hours Standards Act enter as overtime hours all hours worked in excess of 40 hours a week. Column 5- Total: Self-Explanatory. Column 6-Rate of Pay,including Fringe Benefits: In straight time box,list actual hourly rate paid the employee for straight time worked plus any.cash in lieu pf fringes paid the employee. When - recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus$3.25/.40. This is of assistance in correctly computing overtime. See"FRINGE BENEFITS"below. In overtime box show overtime hourly rate paid,plus any cash in lieu of fringes paid the employee. See'T?, I'GE BENEFITS"below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standards Act for 1962. In addition to paying not less than the predetemin.ed rate for the classification in which the employee works, the contractor shall pay to approved plans,funds, or programs or shall pay as cash in lieu of fringes amounts predetem ked as fringe benefits in the wage decision made part of the contract. See"FRINGE BENEFITS"below. FRTNa BENR.FTT. - Contractors.who pay all r _,ermined hinge benefits: A contractor who pays fringe benefits to approved plans,fivads or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall contiiiue to show on the face of the payroll the basic cash hourly rate and overtime rate paid to his employees just as he has always done. Such a contractor shall check paragraph 4{a) of the statemeni on the reverse of the payroll to indicate that he is also paying to approved plans, funds, or programs not less than'the amount predetermined as fringe benefits for each craft. Any excepti.c:cs shall be noted in Section 4(c). Contractors who pay no flinge benefits: A Contractor who pays no fringe benefits shall pay to the T employee, and insert in the straight time hourly rate column of the payroll, an amount not less than the predetermined rate for each classification plus the amount of fiinge benefits determined for each classification in the applicable wage decision. Inasnduch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined ra#e,plus the half time premium on basic or red,alar rate,plus the required cash in lieu of fringes at the straiglit time rate. In addition,the contractor shall check paragraph 4(b) of the - statement on the reverse of the payroll to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c) Excevtions Any contractor who is making payment to approved plans,funds,or programs in amounts less than _ the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a)or 4(b),whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation w column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to plans, funds, or programs as fringes. The contractor shall pay, and shall show that he is paying to each such employee for all hours(unless otherwise provided by applicable determination)worked on Federal or Federally assisted proj ect an amount not less than the predetermined rate plus cash in lieu of fiinges as shown in Section 4(c). The rate paid and amount of cash paid in lieu of fringe - benefits per hour should be entered in column 6 on the payroll. See paragraph on"Contractors who pay no fringe benefits"for computation of overbm.e rate. Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of the employee's weekly wage was earned on projects other than the project described on this payroll, enter in column.7 first the amount eamed on the Federal or Federally assisted prof ect and then the gross amount earned during the week on all projects,thus$63.00/120.00. Column 8 -Doductions: Five columns are provided for showing deductions made. If more than five deductions should be involyed,usb first 4 columns; show the balance of aeductions under "Other" column; show actual total under"Total Deductions" column; and in the attachment to the payroll describe the deductions contained in the"Other" column.. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29-CFR,Part 3. If the em- ployee mployee worked on other jobs in addition to this project, show actual deductions from his weekly gross wage,but indicate that deductions are based on his gross wages. Column.9 -Net Wages Paid for"Week: Self-explanatory. Totals- Space has been left at the bottom of the columns so that totals maybe shown if the contractor so desires. Statmn.ent Required by Regulations.Parts 3 and 5: While this form need not be notarized,the - statement on the back'of the payroll is subj ect to the penalties provided by 18.USC 1001, namely,possible imprisonment-for 5 years or$10,000.00 fine or both. Accordingly,tho party signing this required statement should have knowledge of the facts represented as true. Space has been provided between items(1) and(2) of the statement for describing any deduc- tions made. If all deductions made are adequately described iti the "Deductions" c6lumn above, state"See Deductions column in this payroll". See paragraph entitled "FRINGE,BENEFITS" above for instructions concerning filling out paragraph 4 of the statement. C-WY IMMU -TrSTRE-CONSTRUCrlON PACKET PAYROLL INSTRUCTIONS WE 347MOC U.S.DEPARTMENT OF LABOR STATEMENT OF COMPLIANCE Form Approved WAGE AND HOUR AND PUBUC B(rdget Bureau No. 44-81090 CONTRACTS DMSIONS Date do hereby state: (Name of signatory party) (Title) . (1) That I pay or supervise the payment of the persons employed by (Contractor or subcontractor) oa the ; that during the payroll period commencing on the day of (Building or work) 20_ and ending the day of 20_ all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said (Contractor or subcontractor) from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948.63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanid confordi with the work he performed. (3) That any apprentices employed-in the above period are-duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and TraimIng, United States Department of Labor, or if no such recognized agency exists ilk a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor- (4) Tbata (a) W8ERE FRINGE BENEFITS ARE PAID 'PO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such'amployeas, except as noted in Section*4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASE L3 Each laborer or mecbatiie listed in the above referenced payroll has been paid as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. •.ftp• (c) EXCEPTIONS L ! M�MINEr�,�-�',��.�'*,as-'_3yr . "'�•.�o�{f`-"�ita.�t �;��+ .,.J�4 K -s Remarks Name and Title Signature THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRimnIAL PROSECUTION. SEE SECTION 1001 OF TITLE IS AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. GSA D669 -2222 Form WE-346(I/GB) *EMPLOYEES STATEMENT OF WORK VERIFICATION The undersigned hereby certifies that he has engaged in the following work classifications for the payroll week beginning and ending (Date) and was employed by (Date) (Name of Company) TOTALS (Employee's Signature) 'This information is required when an employee is used in more than one classification during any payroll period; for example, Carpenter for part of a day or week, and laborer or other classification for the remainder of the time, and is paid different Cates of pay for each classification. If the employee is paid the higher rate(s)for all work performed, - this form is not required. Payroll Deduction Authorization This is the authorization to the to deduct from my paycheck $ .* This is for item number. REPAYMENT OF: 1. Loan 7. Credit Union 2. Retirement 8. Profit Sharing 3. Advance on Wages 9. Donations to Agencies 4. Savings 10. Insurance Premiums 5. Savings Bonds 11. Union Dues 6. Uniforms 12. *This deduction is to be made: CHECK APPROPRIATE BOX One time only Q Weekly Bi-weekly For weeks Date: Employee's Signature Printed or Typed Name: Project Name and Number. XPAYRUL DMUMON AUMDRQAMM U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT INPUT SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To(Appropriate Recipient) Date C/O Project Number (If any) Project Name 1. The undersigned, having executed a contract with " (Name of Contractor or Subcontractor) fof _ (Nature of Work) In the amount of$ In the construction of the above-identlfied project, certifies that: (a) The Labor Standards Provisions of The Contract for Construction are included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership, or association in which he has a substantial Interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) bf the Regulations of the Secretary of Labor, part 5 (,29 CFR, Part 5), or pursuant to Section 3(a) of the Davis- Bacon Act, as amended (40 U.S.C.276a-(a)). (c) No part of the aforementioned•contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm,corporation,partnership or association in which such subcontractor has a substantial interest is designated as.an ineligible contractor pursuant to the aforesaid regulatory or statutory provision§. 2.' He agrees to obtain and forward to the contractor,for transmittal to the recipient,within ten days after the execution of any lower subc6ntract,a Subcontractor's Certificatioh Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor,in duplicate. (a) The workmen will report for duty on or about (Nature of work) In the.amount of$ 3. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A Single Proprietorship: .(3) A Corporation Organized in the State of: (2) A Partnership: (4) Other Organization (Describe) (c) The name, title and address of the owner, partners or officers of the undersigned are: ME-M� (d) The names and addresses of ail other persons, both natural and'corporate, having a substantial interest in the undersigned,and the nature of the interest are(If none, so state): WIM-11-1 f - _ 'SGS . [ eT _ . (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are(if none;so state): ern' a ere (Subcontractor) By (Signature) (Typed Name and Title) WARNING U. S. Crimnal Code, Section 1010, Title 18, U.S.C, Provides in part: 'Whoever ... makes, passes, alters, - or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisioned not more than two years, or both." a!ltaaNr of e NOnCE o r10AIL )ISO �. EMPL C- YEJES FbdeniralarWorki'lring, ProjectsFinanConstruction DAMMUM You must be paid not less than the wage rate in the schedule posted with this Notice for the kind of work you perform. OVERTHWE You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. ., �. Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. PROPER If you do not receive proper pay, contact the Contracting Officer listed below. ORT WORTS City of Fort Worth Budget and Management Services, Contract Management, Sherry Johnson 1000 Throckmorton St. Fort Worth, TX 76102 or you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices in several hundred communities throughout the country. They are listed in the U.S. Government section of most telephone directories under. U.S. Department of Labor Employment Standards Administration T U.S r twxw labor v!1 tub11CPtLaa 1321 STATEMENT OF POLICY ON EQUAL EMPLOYMENT OPPORTUNITY It will be the policy of this firm to not discriminate against any applicant for employment, or any employee,because of race, creed, color, age, sex, or natural origin. T)is firm*M insure that this policy is continually enforced with•regard to employment,promotion,upgrading,demotion,transfer, recruitment, and recruitment advertising, lay off and termination, compensation, training, and working conditions. We will make it understood by all with whom we deal, and in. all our employment opportunity announcements that the foregoing is our policy. All applicants and employees-will be judged solely on the basis oftheir skill,devotion loyalty,reliability and integrity. Company Name Signature CONTRACTOR INFORMATION Date PROJECT: 1. Contractor. 2. Address: 3. City: 4. Telephone: Fax: 5. Federal I.D. #: 6. Officers of the Corporation: President: RaciaUBthnic Owncmh' . -WIMM Amencan Vice President: 2-Black American 3-NgSve American 4-Sspanic American Secretary: 5-Asian/Paeific American 6-Hasidic Jew Treasurer. 7. If sole owner or partnership, list owner(s): I certify at the time of execution, hereof, neither my company nor my corporate officers (if incorporated)are listed in the list of Debaa'ed; Suspended, and Ineligible Contractors maintained by the Department of Housing and Urban Development(HUD). Signature START OF CONSTRUCTION (Date) Prc j ect Name: Proj ect Location: Prc j ect Number. U.S. Department of Labor Wage Decision: This is to inform you that the (Name of Company) _. of , (Address)- • (City/town) has started work on the above referenced project covered by our (State) (Zip) contract with•yqu, as of (Date) Respectfu]ly yours, (Name of Company) By (Signature) (Title) CONSTRUCTION COMPLETE Prof act 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 temlinated work on the above referenced project covered by our (sem) (zip) contract with you, as of (Date) Respectfully yours, (Name of Company) By (Signature) -4- City of Fbrt Worth Aff=afzve Actic ATTACFZUKNT 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 orgapization is a non-profit organization. Business/Agency Name: Address: r -Zip Code Date: Signature: Title- B-1 City of Fort Worth Aff=ative Actio ATTACFIlvILNT'D Statement of Release I will not subcontract any work in o nnection with this project unless I first receive the prior written approval of the Fiscal Services Depat-4ment} Intergovemmental Affairs and Grants Management Division of the City of Fart Worth. Business/Agency Name: Type of Business/Orgm&,ation: Address: (Street) - (qty) (State) (zip) Signature: Title: D-1 - -------- .••, • ••r,- �r.�.� •zcr %XAn-M=Ar-Mr-%NATATJT)Af` CERTIFICATION AND ACKNOWLEDGMENT I certify that I have read and understand the information regarding my obligations as a Contractor on a project funded by the United States Department of Housing and Urban Development, which is contained in the preceding Contract provisions. I understand that, should I have any questions regarding my obligations, I will as soon as possible contact the Fort Worth Budget and Management Services Department/Contract Management Division staff member who is assigned to monitor this Contract. Contractor. By: Title; 37 U. S.Department of Housing and Urban Development CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF A PLOYEES Proj ect Name Date Location Project No. m (We)hereby certify that(I aro)(we are) (the prima contractor) (a subcontractor)for (Specify"General Construction", "Plumbing", 'gtoofug", etc) in connection with construction of the above-mentioned Project,and that(I) (we)have appointed whose signature appears below,to supervise the payment of(my) (our)employees begifi g . l.9_;that helphe is in a position to have full knowledge of the facts set forth in the payroll documents and in the statement of compliance required by the so-called Kick-Back Statute which he/she is to execute with(my) (our)full authority and approval until such time as (I) (we)submit W 'a new certificate appointing some other person for the purposes hereinabove stated. (Identifying Signature of Appointee) Attest(if required): (Name of Finn or Corporation) By. (Signature) (Signature) (Title) (Title) NOTE: This certificate must be executed by an authorized officer of a corporation,by a member of a partnership, or the sole owner and shall be executed prior to and be submitted with,the first payroll. Should the appointee be ohanged,a new certificate must accoinpany the first payroll for which the new appointee executes a statement of compliance requited by the Dick-Back Statute. DAL/DAO-1340.3/2 (6-79) C o • m z;2 d C; mZ O z E z F0 aOL te' OW m D m U � Z m O 0 W a L • Z t� p to ti �'+ Q C OoZd O O naug O J r • F O C flLO 1L G U O m W z m m C 3 0 00 G q d rx J • � m n x a m D n H ZZ O W. � W p 3 n 3. • K • LL v ? 14 O Oi- OK mr O m O m O m O m O m O m O m O m - V w 2 C O ' O d V Y CS 0 Ir OLL L 3w fill. O G O x w m o j Dm S c O ` aww o Ulm o 0 o v p Z z U .J ' ,� J D p m N Q SUBCONTRACTOR ?NFORMATTON (To be completed by contractor) Date PROJECT: 1. Subcontractor: 2. Contract.Amount: 3. Address: 3. City: 4. Telephone: Fax.-- S. ax:5. Federal LD.M Racigffid nic Owner 1-Ynnte American 2-Black American 3 -Native American 4-Hispanic American S-Asian/Pacific American 6-Hasidic Jew W •� . v y 4 C g co Ok ci Go V y ai rrs O cpq O P'4 pq a� Ica a z 0 o La • o co � U cid � V y O U •� L-a U W Z ed A 0 STATEMENT OF POLICY ON EQUAL EhIPLOYN=OPPORTUNITY It will be the policy of this firm to not discriminate against any applicant for employment, or any employee,because of race, creed, color, age, sex, or natural origin. This firm will insure that this policy is continually enforced with.regard to employment,promotion,upgrading,demotion,transfer, recruitment, and recruitment advertising, lay off and termination, compensation, training, aild working conditions. We will make it understood by all with whom we deal, and in all our employment opportunity announcements that the foregoing is our policy. All applicants and employees•wM be judged solely on the basis oftheir skill,devotion loyalty,reliability and integrity. Company Name Signature U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTMTY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 CFR 12319- 25) . The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the Contract whether they have participated in any previous contract or subcontract subject to the* Equal Opportunity Clause; and, if so, whether they have filed all compliance reports due under applicable instructions. , Where the certification -indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a. compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ❑ No ❑ (If answer is yes, identify the most recent contract.) 2. .Compliance reports were required to be filed in connection with -such contract or subcontract. ' Yes ❑ No ❑ 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. Yes ❑ No ❑ 4. If answer to item 3 is "No, " please explain in 'detail on reverse side of this certification. Certification - The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature ; Date U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his, or her knowledge and belief, that. (1) No Federal appropriated funds have been paid or will be paid, by br will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency; a Member of Congress, an officer or employee of Congress, -or an employee of a Member of 'Congress in connection with the awarding of any • Federal• . contract, the raking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, -or aiodification •of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid- to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or as employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperativr- agreement, the undersigned sliall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and coopera- tive agreements) and that all subrecipients shall certify and disclose accordingly. Signature Title Date C.%pax DOWH=S%PRE-aWS7!RU=1ON PAClO':T\E arrive ORDER 1124fy.:M_ City of Fort Worth, Community Development Block Grant Funded Construction Projects (Davis-Bacon Applicable) TO: ALL CONTRACTORS, SUB-CONTRACTORS,AND PAYROLL CLERKS ETC. FROM: SHERRY JOHNSON,CONTRACT COMPLIANCE SPECIALIST RE: PAYROLL PROCEDURES 1. Payrolls are to be submitted,in original only,to the Contract Compliance Specialist,Finance Department 1000 Throckmorton,Fort Worth,Texas 76102 on or before 5:00 p.m. of the seventh day following the close of that pay period, using Form WH-347 or equivalent certified payrolls (when approved by the Contract Compliance Specialist). 2. Payroll not submitted on time will be sufficient cause to withhold monies due for previous Pay requests. 3. For All Contractors Exceeding$10,000—When a Contractor or Subcontractor arrives on the job in order to commence work,he/she shall submit,with the initial payroll,a Notice of Start Letter, a cerftficate frnm Contractor/Subcontmetor appointed eftw or employee to supervise payment bf employees, a certificate regarding Equal Employment Opportunity, a Labor Standards and Prevailing Wage Requirements Cep' cation, and the Affirmative Action Agreement. 4. Payrolls are to numbers consecutively beginning with#1, submitting payroll for each week until work is completed. 5. Show Contractors and Subcontractors IRS NUMBER ON THE INITIAL PAYROLL 6. Whenever a Subcontractor is absent from the job during a complete pay period, he/she shall submit"No Work'payroll on the WH-347 for that period. 7. When a Subcontractor leaves the job permanently after having completed a contract, the final payroll should state "Final'. 8. Any time an error is found in the payroll whereby an employee is under paid for that particular pay period,a supplemental payroll shall be submitted, for that employee or those employees. Together with the payroll, a Receipt for payment and Back Wages statement and a copy of the check issued to pay the back wages shall be submitted. 9. Payrolls shall be correct and (preferable in ink,no pencil entries)must include the following items: a. Employees Name b. Employees Address c. Employees Social Security Number d. Employees correct classification (as shown on the Department of Labor wage decision). All classifications used must be shown on the wage determination. e. Exact hourly rate of pay (shown on wage decision). Can be more than that shown,but never less). — f. Daily and weekly total number of hours worked (if several trades during that particular pay period). g. Allowable deductions made. Allowable deductions ate F.LC.A. and Withholding Tax. The Payroll Deduction Authorization Forma, signed by the employee authorizing these deductions, shall accompany all other deductions shown. This form only needs to be submitted once if there _ will be no new deductions. h. Total actual wages paid. If the employee or employees work more than one trade during any given period,it shoulcl be shown on the payroll and _ accompanied by an Employee's Statement of Work Verification signed by the employee,showing that he/she did work the various hours on the payroll in the various trades. r Note: Only the wage rates provided by the Department of I�rbor a�used for Ibis p a. The contract must be signed within 90 days of the bid opening or the biddingprocess for thepmject must start again or the Contractor my choose to accept any wage modifications. Ifyou have any questions,please contract me at(8 17)392-7333. _ WEATHER TABLE AVERAGE DAYS INCHES SNOW/ICE MONTH RAINFALL(1) RAINFALL(2) PELLETS(3) JANUARY 7 1.80 1 FEBRUARY 7 2.36 MARCH 7 2.54 APRIL 9 4.30 0 MAY 8 4.47 0 JUNE 6 3.05 0 JULY 5 1.84 0 AUGUST 5 2.26 0 SEPTEMBER 7 3.15 0 OCTOBER 6 2.68 0 NOVEMBER 6 2.03 0 DECEMBER 7 1.82 ANNUALLY 80 32.30 1 (l) Average normal number of days rainfall,0.01"or more. (2) Average normal precipitation. (3) One inch(1")or more. * Less than one-half inch(1/2"). Unseasonable weather is defined for contract purposes as rain/snow days which exceed the average number of days or inches of rainfall in any given month. This table is based on information recorded at the former Greater Southwest International Airport,Fort Worth,Texas,covering a period of 18 years. Latitude 32°50'N,Longitude 97°03'W,elevation(ground) 537 ft. VENDOR COMPLIANCE TO STATE LAW Section 2252.002,Texas Government Code,provides that,in order to be awarded a contract as low bidder,non-resident bidders(out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas)bid projects for construction,improvements,supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state),our principal place of business,are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state),our principal place of business,are not required to underbid resident bidders. B. Our principal place of business or corporate office is in the State of Texas. Please Check or mark with an "X" BIDDER: By: Company (please print) Signature: (please print) Title: (please print) City/ State Zip THIS FORM MUST BE RETURNED WITH YOUR QUOTATION VENDOR COIVVLIANCE TO STATE LAW CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No. and City of Fort Worth Project No. CONTRACTOR By: Name: Title: Date: STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of , 20 Notary Public in and for the State of Texas CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No. 5028 and City of Fort Worth Project No. GR 76- 541600-080206771930. CONTRACT Advance i Co a By: Name: Title: Date: / —7 STATE OF TEXAS § COUNTY OF TARRANT § �' Befgre m tie. undersigned authority, on this day personally appeared ` known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Advanced Paving Company for the purposes and consideration therein expressed and in the capacity therein stated. �a Given Under My Hand and Seal of Office this � q day of �L,20--4 CrA (D-,�e . NotaryPublic i th nd for the State of Texas BECKY SEALE stst9 0'Te"s N MY�OMmission Expires " +�.' ociobet 11,2008 ;..4 c N O + O •� =n U •� U 0 0 O •� .p ,O O > O Cdoqrn• H ; W--4 o a� O o _ • o � p O �j 0 U `n .� �, U O +O ,.fl 0 . O .Obo 0 0 rn U N O0 404 � � •> o cps O O � cil O O O o ;5-4' > «3COO 3 p O N C0^' p Cd "0 ♦, v .� }' ° C � Q Hc O p by 0 O '� 0 O UO > bUA v c •� USZ. , N v ,� 0�. v o U cis p ,-•� n ,^. s�, a � ,��' V 41 0 O O � O O O 00 Q O W c '(D M " cq o to a�iD Cd cda� O •� cd t O O O v Oro 4-4 Cd W q a" ! o i� �-+ •� cd 0 -4 '> v v � •O 0 � to;.4 � 9 0 " �> Cd v 4 •rte U O 0 4O �; A ,o � yoo � O O •0 M••� ,� v Cd0 � c0Cd O _> �-+ mo o 'E.4 cd 0 4 H 0 "al 0 (D 1 ` 9 1 Cd0 •�j U 't: U U O � •� a) w O W O O 0 cd Cd A o o � Q . cd H � 0 ,o Cd a� cd U c 8 � 2 O ISI 4' �OOICd O O O cd U �, cd Cd � O v c� ,tj p ,.� p p Cd 0 O O u .p U cd U O 0 � •U t••+ U O D U U 0 •^' t+, O cd 'o O Cd P-4O CA Cd co p O U ,p O cd 00 0 ' cd Cd U c� 4 O )...1 v) 0 . vn " .4 U PROJECT DESIGNATION SIGN PM6-266 1 4b# FORT W01 4 ITH, u ! � 6bff ,1. PMS•167 3" 311 Proj* ect Title 10 4 -0 31/ 2ND LINE . --� n IF NECESSARY-/ 3 i 1�# Contractor: 2b°LContractor's Name 2 � ],"� FUNDED BY fill u p L 1 T Coti4aat�t�irr� Lo�t'1�1.tT �.oc-1� c�t�µ't' 24u p q,, 1p= Scheduled Completion Date 1 �H, } 1 Year 5° FONTS: FORT WORTH LOGO IN CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD COLORS: FORT WORTH-PMS 288 LONGHORN LOGO-PMS 167 LETTERING-PMS 288 BACKGROUND-WHITE PROJECT DESIGNATION! SIGN BORDER-BLUE (Community Development Block Grant projects only) ' CITY OF FORT WORTH-CONSTRUCTION STANDARD DRAWING.NO. DATE: 9-20-02 TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS SECTION 01100-SUMMARY OF WORK The Contractor shall supply all superintendence and shall perform all work and furnish all labor, equipment,materials and incidentals necessary and complete all work as described in the plans and specifications. All construction and other work shall be done by the Contractor in accordance with the best engineering and construction practices for the skill or trade involved. The work to be accomplished under these plans and specifications for: Eugene McCray Community Center Parking Expansion PROJECT NO. C200/541600/080206771930 DOE NO. 5028 Work shall consist of site demolition, excavation, grading, spoils removal, sub-grade stabilization, installation of concrete curb and gutter, asphalt surfacing, accessible ramps, irrigation, landscape planting and security lighting. These plans and specifications were prepared by Boydston Designs, Inc. for the Parks and Community Services Department. The Department of Engineering will administer the contract and furnish inspection. In addition to project performance stated above, the Contractor shall also be responsible for: 1. Setting all project layout dimensions and final finish grade elevations in accordance with plans. All such survey work shall be performed by a Registered Surveyor in the State of Texas and verification provided to the City that such survey work complies with plans and specifications. 2. Attend all project progress meetings as scheduled by the City and provide updated project schedules within 3 calendar days upon request by the City. The applicable items contained in the Standard Specifications for Street and Storm Drain Cons« ction for the City of Fort Worth,Texas, shall apply to this contract just as though each were incorporated in these documents. Where the provisions or specifications contained in those documents are contrary to this publication,this publication shall govern. In case of conflict between plans and specifications,the plans shall govern. A copy of the Standard Specifications for Street and Storm Drain Construction can be purchased at the office of the Transportation and Public Works Department, 1000 Throckmorton Street,2nd Floor, Municipal Building, Fort Worth, Texas. The Contractor shall provide all permits and licenses and pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The Contractor GENERAL REQUIREMENTS -I- shall contact the City of Fort Worth's Development-Plans Exam Section for a determination of applicable permits or variances required for this project. _r SECTION 01135-CONTRACT T][ME 1.01 PROGRESS AND COMPLETION Upon receipt of a notification letter and the executed construction contract,the Contractor shall be responsible for scheduling a preconstruction conference,which shall be held no later than ten working days from the date of the notification letter. At the time of the preconstruction conference, a construction start date shall be established and indicated in the Notice to Proceed(Work Order)issued by the Engineering Department. The Contractor shall begin the work to be performed under the contract on or before ten working days from the date the Work Order is issued. The - Contractor shall carry the work forward expeditiously with adequate forces and shall complete it within the period of time stipulated in the proposal. 1.02 LIQUIDATED DAMAGES This project shall be completed within the specified days ,allowed. If project construction - exceeds the allotted contract time, liquidated damages will be assessed as stipulated in the City of Fort Worth Standard Specification for Street and Storm Drain Construction. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall - attempt to resolve the differences within 30 calendar days. SECTION 01140-ALTERNATIVES The City reserves the right to abandon, without obligation to the contractor,any part of the project(subject to conditions set forth in Section 01150-Payment to Contractor)or the entire '- project at any time before the Contractor begins any construction work authorized by the City. SECTION 01150 -PAYMENT TO CONTRACTOR,PROJECT ACCEPTANCE & WARRANTY 1.01 SCOPE OF PAYMENT: The Contractor shall accept the compensation as provided in the contract in full payment for furnishing and paying for all materials, supplies, subcontracts, labor,tools and equipment necessary to complete the work of the contract; for any loss or damage which may arise from the nature of the work from the - action of the elements,or from any unforeseen difficulty which may be encountered in the prosecution of the work, until the final acceptance of the work by the City; for all risks of every description connected with the prosecution of the work; for all expenses and damages which might accrue to the Contractor by reason of delay in the initiation and prosecution of the work from any cause whatsoever; for any infiingement of patent, trademark or copyright, and for completing the work according to the plans and/or - specifications. The payment of any current or partial esi:imate shall in no way affect the obligations of the Contractor to repair or remove, at his own expense,the defective GENERAL REQUIREMENTS - -2- parts of the construction or to replace any defective materials used in the construction, and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work. 1.02 Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 1 st day and 15th day of each month that the work is in progress. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof,but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate,payment shall be based upon 85%of the net invoice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. 1.03 It is understood that the partial pay estimate amounts will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Payment of any partial pay estimates shall not be an admission on the part of the Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contract Documents. 1.04 The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. 1.05 Retainage -For contracts of less than $400,000 at the time of execution, retainage shall be 10 percent.For contracts of$400,000 or more at the time of execution, retainage shall be 5 percent. The Contractor will receive full payment for work,less retainage,from the City, on each partial payment period.Payment of the retainage will be included with the final payment after acceptance of the project being complete. 1.06 Contractor shall pay subcontractors in accord with the subcontract agreement within five business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. 1.07 Contractor hereby assigns to City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1 et gLeq(1973). 1.08 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. GENERAL REQUIREMENTS -3- When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more,then either party _ to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special n agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. 1.09 PAYMENT FOR EXTRA WORK: Extra work performed by the Contractor,that is authorized and approved by the City Engineer,will be paid for under "Change orders" made in the manner hereinafter described, and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor, subcontracts,materials,tools, equipment and incidentals, and for all supervision, insurance,bonds and all other expense v of whatever nature incurred in the prosecution of the extra.work. Payment for extra work will be made under one of the following types of"Change orders"to be selected by the City: A. Method"A". By unit prices agreed upon in the contract or in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced subject to all other conditions of the contract. B. Method "B". By a lump sum price agreed upon in writing by the Contractor and - City Engineer and approved by the City Council before said extra work is commenced, subject to all other conditions of the contract. C. Method "C". By actual field cost of the work,pluE 15 percent as described herein below,agreed upon in writing by the Contractor and City Engineer and approved by the City Council after said extra work is completed,subject to all other conditions of the contract. In the event extra work is to be performed and paid for under Method "C", the actual field costs of the work will include the cost of all workmen,foremen,timekeepers, mechanics and laborers working on said project; all used on such extra work only, _ plus all power,fuel, lubricants,water and similar operating expenses; and a ratable proportion of premiums on performance and payment bonds,public liability, workmen's compensation and all other insurance required by law or ordinance. The _ City Engineer will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doi:.-ig the work and the type and kind of equipment to be used,but such extra work will be performed by the R Contractor as an independent contractor and not as an agent or employee of the City. The 15 percent of the actual field cost to be paid the Contractor shall cover and compensate him for profit,overhead, general supervision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. GENERAL REQUIREMENTS -4- The Contractor shall give the City Engineer access to all accounts, bills, invoices and vouchers relating thereto. 1.10 DELAYS: If delay is caused by specific orders given by the City to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time,his application for which shall,however, be subject to the approval of the City Council; no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 1.11 CLAIMS AND DAMAGES: Any claims for extra work or for any other related matter or cause must be made in writing to the City Engineer within seven calendar days from and after the cause or claim arises. Unless such claim is so presented, it shall be held that the Contractor has waived the claim, and he shall not be entitled to receive pay thereof. 1.12 TRANSPORTATION: No allowance or deduction will be made for any charge of freight rates. No allowance for transportation of men,materials or equipment will be allowed. 1.13 ACCEPTANCE AND FINAL PAYMENT: The City,upon receipt of the Director's "Certificate of Completion" and "Final Estimate" and upon receipt of satisfactory evidence from the Contractor that all subcontractors and persons furnishing labor or materials have been paid in full and all claims of damages to property or persons because of the carrying on of this work have been resolved, or the claims dismissed or the issues joined, shall certify the estimate for final payment after previous payments have been deducted and shall notify the Contractor and his surety of the acceptance of the project. Bills Paid Affidavit and Consent Of Surety shall be required prior to final payment becoming due and payable. In the event that the Bills Paid Affidavit and Consent Of Surety have been delivered to the City and there is a dispute regarding (1)final quantities, or(2) liquidated damages,the City shall make a progress payment in the amount that the City deems due and payable. On projects divided into two or more units,the Contractor may request a final payment on one or more units which have been completed and accepted. On delivery of the final payment, the Contractor shall sign a written acceptance of the final estimate as payment in full for the work done. All prior partial estimates shall be subject to correction in the final estimate and payment. 1.14 WARRANTY: The Contractor shall be responsible for defects in this project due to faulty workmanship or materials, or both, for a period of two(2) years beginning as of the date that the final punch list has been completed and the project accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the Contractor and the City. The contractor will be required to replace, at own expense, any part,or all, of this project which becomes defective due to GENERAL REQUIREMENTS -5- these causes. SECTION 01300- SUBMITTALS - Prior to construction,the Contractor shall furnish the Parks and Community Services Department a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time for turf establishment(if applicable) and project clean-up. The Contractor shall submit to the Project Manager shop drawings,product data and samples required in specification sections. Refer to Section 01640— 1.02. SECTION 01400-QUALITY CONTROL The Contractor will receive all instructions and approvals from the Director of Engineering and/or his assigned inspectors. The inspector will be introduced t..►the contractor prior to beginning work. Any work done at the direction of any other authority will not be accepted or paid for. Final approval for the finished project shall be given by the Director of Engineering, - City of Fort Worth. The Contractor or a competent and reliable superintendent shall oversee the work at all times. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. SECTION 01410-TESTING All tests made by the testing laboratory selected by the City will be paid for by the City. In the - event manufacturing certificates are requested,they shall be paid f6r by the Contractor. SECTION 01500 -TEMPORARY FACILITIES AND CONTROLS The Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks,buildings,vehicles,utilities, etc., in the area where the work is being done. The Contractor shall rebuild,restore, and make good at his own expense all injury and damage to same which may result from work being carried out under this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth;they are shown on the plans as the best information available from the owners of the utilities involved and from evidences found on the T ground. The Contractor shall determine the exact location of all existing utilities and conduct his work to prevent interruption of service or damages. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAC E LINES A warning sign not less than five inches by seven inches,painted yellow with black letters that are legible at twelve feet, shall be placed inside and outside vehicles such as cranes, derricks, GENERAL REQUIREMENTS - -6- power shovel, drilling rigs,pile drivers,hoisting equipment or similar machinery. The warning sign shall read as follows: "WARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." Equipment that may be operated within six feet of high voltage lines shall have an insulating cage-type guard about the boom or arm, except backhoes or dippers, and insulator links on the lift hood connections. When necessary to work within six feet of high voltage electric lines,the Contractor shall notify power company (TU Electric or the appropriate power supplier)to erect temporary mechanical barriers, de-energize the line, or raise or lower the line. The contractor shall maintain a log of all such correspondence. The Contractor is responsible for all costs incurred. SECTION 01640 -SUBSTITUTIONS AND PRODUCT OPTIONS 1.01 GENERAL - For review and approval of products to be used on this project, send submittals to: Eric Seebock, Senior Landscape Architect(817)871.5742 Parks and Community Services Department 4200 S. Freeway Suite 2200 Fort Worth,Texas 76115-1499 1.02 PRODUCTS LIST A. Within five(5) Working Days from the construction contract start date,the Contractor shall submit to the Project Manager two(2) copies of complete list of all specified or approved equal products and submittals for review and approval. B. All specified manufacturer's products listed in the Equipment Schedule in the construction plans have been previously reviewed and approved in conformance to playground prototype designs approved for use in the City of Fort Worth. 1.03 SUBSTITUTIONS (Other Products-Excluding Playground Prototype Equipment) A. Submit two (2) copies of request for substitution. Include in request: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature: (1) Product description GENERAL REQUIREMENTS -7- (2) Performance and test data (3) Reference standards c. Samples, if required. d. Name and address of similar projects on which product was used, and date of installation. B. In making request for substitution,the Contractor represents: 1. That the Contractor has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. 2. That the Contractor will provide the same guaz tutee (or better) for substituted product or method specified. t 3. That the Contractor will coordinate installation of accepted substitution into work,making such changes as may be required for work to be complete in all respects. _ 4. That the Contractor waives all claims for additional costs related to substitution which consequently become apparent. C. Substitutions will not be considered if: 1. They are indicated or implied on shop drawing, or project data submittals - without formal request submitted in accord with Paragraph 1.04. 2. Acceptance will require substantial revision of Contract Documents. 3. Substitution requests are submitted after five 5) Working Days from the date of the construction contract start date. D. Should the Contractor install any material and/or equipment which is non- - specified,failed to submit the appropriate submittals for review and did not receive approval from the City prior to installation,all such material and/or equipment shall be removed by the Contractor and install specified equipment and - /or material at no additional expense to the City. SECTION 01700-PROJECT CLOSEOUT T 1.01 CLEAN -UP The Contractor shall make final clean-up of the construction area,to the satisfaction of the Parks and Community Services Department, as soon as construction in that area is completed. Clean-up shall include removal of all construction materials,pieces of concrete, equipment and/or other rubbish. No more than five(5)days shall elapse after the completion of construction before the area is cleaned. Surplus materials shall be disposed of by the Contractor, at this own expense, and as directed by the Parks and Community Services Department. Cleaning of equipment by Contractor or Subcontractor, such equipment as cement mixers,ready-mix trucks,tools, etc., shall take place in an area designated by the Parks and Community Services Department. a GENERAL REQUIREMENTS _ -8- SECTION 01800 -CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for contractor's sole negligence. In addition,Contractor covenants and agrees to indemnify,hold harmless and defend, at its own expense,the Owner,its officers, servants and employees,from and against any and all claims or suits for property loss,property damage, personal injury, including death, arising out of, or alleged to arise out of,the work and services to be performed hereunder by Contractor, its officers, agents,employees, subcontractors, licensees or invitees,whether or not any such injury, damage or death is 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 appropriate,refuse to accept bids on any other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. END OF DIVISION GENERAL REQUIREMENTS -9- SECTION 02200-SITE PREPARATION PART 1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor,materials,equipment and services required for clearing and grubbing,demolition,and removal and disposal of items as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE: A. Section 02300-Earthwork B. Existing Conditions,Removal and Demolition Items. PART 2—PRODUCTS 2.01 No products are required to execute this work,except as the Contractor may deem necessary. PART 3—EXECUTION 3.01 CLEARING AND GRUBBING: A. Clearing and grubbing shall consist of removing all natural and artificial objectionable materials from the project site or from limited areas of construction specified within the site. B. In general,clearing and grubbing shall be performed in advance of grading and earthwork operations and shall be performed over the entire area of earthwork operations. C. Unless otherwise specified on the plans,all trees and shrubs of three inch(3')caliper or less(caliper is the diameter as measured twelve inches(12')above the ground)and all scrub growth, such as cactus,yucca,vines,and shrub thickets,shall be cleared. All dead trees,logs, stumps,rubbish of any nature,and other surface debris shall also be cleared. D. Buried material such as logs, stumps,roots of downed trees that are greater than one and one half inches(1-1/2')in diameter,matted roots,rubbish,and foreign debris shall be grubbed and removed to a minimum depth of twenty four inches(24")below proposed finished grades. E. Ground cover consisting of weeds, grass, and other herbaceous vegetation shall be removed prior to stripping and stockpiling topsoil from areas of earthwork operations. Such removal shall be accomplished by"blading"off the uppermost layers of sod or root-matted soil for removal. SITE PREPARATION 02200 -1- 3.02 PAVEMENT REMOVAL: A. Bituminous and concrete pavements shall be removed to neatly sawed edges. Saw cuts shall be full depth. If a saw cut in concrete pavement falls within three feet(3')of an en existing score joint,construction joint, saw joint, cold joint,expansion joint, or edge:, the concrete shall be removed to that joint or edge. All saw cuts shall be parallel and/or perpendicular to the line of existing pavement. If an edge of a cut is damaged subsequent to saw cutting,the concrete shall again ba. sawed to a neat, straight line for the purpose of removing the damaged area. B. Concrete curb and gutter shall be removed as specified.above. No section to be replaced shall be smaller than thirty inches(30")in length or width. 3.03 UTILITIES REMOVAL: In general,those utilities on the si z that are to be removed and that belong to the Owner shall be removed by the Contractor. The Owner is responsible for arranging the relocation or removal of other utilities owned 1_)y utility companies or other parties. 3.04 MINOR DEMOLITION: There may be certain items on the site such as old building foundations,fences,and other undetermined structures and improvements that must be removed before construction can commence. Unless otherwise specified, such items become the property of the Contractor for subsequent disposal. 3.05 USE OF EXPLOSIVES:The use of explosives will not be permitted in site preparation operations. 3.06 BACKFILLING: All holes,cavities,and depressions in the ground caused by site preparation operations will be backfilled and tamped to normal compaction and will be graded to prevent ponding of water and to promote drainage. Should any excavated hole or cavity be required to be left open over night,the Contractor shall be responsible to provide barriers and/or coverings to enhance on site accident prevention measures. 3.07 DISPOSAL OF WASTE MATERIALS: A. Unless otherwise stated,materials generated by clearing, grubbing,removal,and demolition shall be known as"waste" or"spoils" and shall be removed from the site and disposed of by the Contractor. Similar materials may be unearthed or generated by earthwork operations or by subgrade preparation. Unless otherwise specified any merchantable items become the property of the Con-tractor. END OF SECTION SITE PREPARATION 02200 -2- SECTION 02300-EARTHWORK PART 1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor,materials,equipment,and services _mqtked.0,cQastru.c:t,.j5bape work to the.req ade4 and crosr, �,.mdAn4b&arth earthwork-_ -� .--. . sections as specified herein and on the plans. 1.0.2 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200-Site Preparation. B. Grading Plan:Refer to plan sheets. 1.0.3 METHOD OF PAYMENT: Earthwork is a necessary and incidental part.of the work.The total cost will be included in the Bid Proposal.Payment will be subsidiary to the various bid items. PART 2-PRODUCTS 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated,within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the,work. All suitable native materials removed in unclassified excavation,or similar imported materials, shall be .used.insofar.as practicable as.unclassified.fill. Properly-deposited,-conditioned,and compacted fill is hereinafter referred to as "earth embankment." B. Rock: hfinor quantities of rock not greater than four inches in-greatest-dimension are permissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for construction of rock embankments,provided such placement of rock is not immediately adjacent to structures or piers. Also,rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their incorporation in the normal embankment layers. 2.03 TOPSOIL On-Site Topsoil:Topsoil shall consist of an average depth of six inches(6")of native surface soil-left replace after the ground cover of herbaceous vegetation-and other objecti-o vable mciattex has been cleared by "blading,"as specified in Section 02200, "Site Preparation."Topsoil may be greater or less,than the upper six inches(6)in depth. EARTHWORK 02300 -f- 2.04 IMPORTED FILL A. Imported fill materials shall be used for the construction of earth embankment in the event that(1)the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or(2)the condition of materials removed irr unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Contractor shall haul and place imported fill obtained from off-site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price,and no additional or separate payment for imported fill v-rill be due the Contractor. C. A sample of the proposed imported fill must be provided by the Contractor and be approved by the Owner. In general,imported mat&.al must be equal to or better than native material in quality and engineering characteri,,tiM The Architect/Engineer may also require the Contractor to provided a material analysis test of the proposed fill. 2.45 SELECT MATERIALS A. Select materials shall be imported from offsite sours„s,unless they are available from specifically designated areas on the site as marked 011the plans. 2.06 UNSUITABLE MATERIALS A. Topsoil,select material,imported fill, or unclassified fill will be declared as - "'unsuitable”by the Owner if,in his opinion,any of 1-.he following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay,heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel - 7. Rocks,cobbles,or boulders 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. CNet Material: If fill material is unsatisfactory for us:r as embankment solely because of high moisture content,the ArchitectlEngineer may giant the Contractor permission to process the material to reduce the moisture content to a usable optimum condition. EARTHWORK 02300 -2- -- PART 3 -EXECUTION 3.01 SITE PREPARATION: In general, "site preparation,"as specified in Section 02200,shall be performed in advance of grading and earthwork operations and shall be completed over the entire area,of earthwork operations 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise,topsoil will be replaced after excavation and embankment construction are complete. B. Removal: Topsoil shall be stripped to an average depth of six inches(61 from areas where excavation and embankment constructioa are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Architect/Engineer. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. - D. Timing: Topsoil will not be replaced(deposited)until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. D. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted, and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated,topsoil will be replaced over all areas of earthwork(including slopes),except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow,weighted drag,tractor box blade, light maintainer,or other acceptable machinery. All particles of the finish grade shall be reduced to less than one inch in diameter or they shall be removed All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade,true in plane, even in gradient(slope),uniform in surface texture,and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not:acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. EARTHWORK 02300 -3- 3.03 UNCLASSIFIED EXCAVATION A. All excavated areas shall be maintained in a condition to assure proper drainage at all times,and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material: 1, Surplus excavation is that quantity of material that may be left.over after the grading plan is executed,and all earthwork operations,including excavation, embankment construction,topsoil replacement,and final grading,are completed. Any other surplus material shall be disposed of as "waste" as specified in Section 02200.All such cost for removal shall be considered as incorporated into Earthwork costs C. Excavation in Rock: The use of explosives will not lae permitted Unless otherwise _ indicated on the plans,excavation in solid rock shall extend six inches(6") below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed T in unclassified excavation and/or imported fill. The,.;onstruction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning,and compaction of fill material. B. General: Except as otherwise required by the plans,all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area,and each layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes establish..d by the drawings. After completion of the graded area,embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment,all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed. The subgrade shall be proof rolled to detect soft spots,which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck,or similar piece of equipment weighing approximately twenty five (25)tons except as otherwise specified for tree prote.:tion and areas inaccessible to vehicular compactors. Stump holes or other small e):cavations in the limits of the - embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground,including plowed,loosened ground,or surfa es roughened by small washes or otherwise,shall be restored to approximately its original slope by blading or other methods,and,where indicated on the plans or required by the Owner,the ground surface,thus prepared,shall be compacted by sprink,ing and rolling. EARTHWORK 02300 -4- D. Scarification: The surface of all areas and slopes over which fill is to be placed,other than rock,shall be scarified to a depth of approximately six(6")inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing,discing,or other approved means. Prior to fill placement,the loosened material shall be adjusted to the proper moisture content and recompaeted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However,in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than 4:1,the Owner may direct the Contractor to key the fill material to the existing slopes by benching. A minimum of two feet(2')normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread,not to exceed eight(8") inches in loose depth before conditioning and compaction. Unless otherwise permitted,each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction,the moisture content of fill material shall be such that the specified compaction will be obtained,and the fill will be firm,hard,and unyielding. Fill material which contains excessive moisture shall not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers,pneumatic tire rollers,or other mechanical means acceptable to the Owner. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors. L Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions. All embankment serves in one capacity or another as subgrade(e.g.,under topsoil,under concrete and asphalt pavement, under structures,etc.). Accordingly,the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil,and prior to the construction of pavements, slabs,etc. 3.05 DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent(95%)of Standard Density ASTM D698 with plus four percent(40/6) or minus two percent(2%)percentage points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six(6")inches of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent(95%)to ninety eight percent(99%)of Standard Density ASTM EARTHWORK 02300 -5- D698 with the moisture content at minus two percent(2%)to plus four percent(4%)of T optimum moisture content. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement,or for select embankment. Aller completion of the embankment,the Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. I,oss of moisture in excess of two percent(2%)below optimum in the top twelve inches(12')of the fill will require that the top twelve inches(12')of the embankment be scarified,wetted, and recompacted prior to placement of the structure,select fill or pavement. If desired,the Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. _ 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the subgrade is rutted,damaged or displaced it shall be restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. END OF SECTION EARTHWORK 02300 -6- SECTION 02810 LANDSCAPE IRRIGATION SYSTEM PART 1 -GENERAL Drawings, Standard General Conditions of Contract, Special Conditions and Division-1 specification sections, apply to work of this section. 1.1 DESCRIPTION Landscape irrigation system components and installation procedures. 1.2 LICENSED IRRIGATOR Installation of the irrigation system shall be under the supervision of a licensed irrigator irr the State-of Texas. 1.3 STANDARDS ASTM D1785 (ANSI B72.7): Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120. ASTM D2241 (ANSI B72.2): Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe (SDR-PR). ASTM D2466: Standard Specification for Poly(Vinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 40. ASTM D2564(ANSI B72.16): Standard Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Pipe and Fittings. ASTM D2855 (ANSI K65.55): Standard Recommended Practice for Making Solvent- Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings. 1.4 EQUAL MATERIALS A. It is not the intent of these specifications to limit materials to the product of any particular-.manufacturer. Where.definite.-materials,equip ment.and/or.fixtures have been specified, it has been done to set a definite standard and a reference for comparison as to quality, application, physical conformity, and other characteristics. � .is not the intention of the-Owner or the Consultant to discriminate against or prevent any dealer,jobber or manufacturer from furnishing materials, equipment, and/or fixtures, which meet or exceed the characteristics of the-specified.items, Substitution of.matenalsshalk.not.be-made without prior written approval from the Owner and the Consultant. Refer to SECTION 01630- Product Options, Equal Material and Substitutions. 05/21/01 02810- 1 010739010 B. Design criteria and water pressure must be care:f,illy considered when selecting equipment. Only equipment that-performs-as specified wilt be considered. 1.5 LOCATION OF AND DAMAGE TO EXISTING UTILITIES The Contractor is responsible for locating underground clistacles. Exercise caution to prevent damage to existing facilities during the progress of the work, taking care to -locate-same, where possible, in advance of the actual,work. The Owneft representative will render all assistance possible to the Contractor in determining the location of existing utilities by making available such maps, records and other .information as may be accessible.to--him,-when requeste 1 to do-so, but-the accuracy.of such information will not be guaranteed. The Contractor shall be responsible for repairs resulting from damage to existing utilities resulting from his operations. Should the Contractor,.irk the layout of work,-encounter any piper un-Jerg-round utHity,.-or structure, the location of which has not been furnished to him by the Owner, he shall bring such conditions to the attention of the Owner's representative for his determination of the ..method_to.be-used.to..Fernove or..bypass such-obstructions. 1.6 WATER SUPPLY Make connections to the existing water line at the location shown on the plans. 1.7 WORKMANSHIP Install equipment in accordance with the recommendations of the manufacturer and the best standard practice for this type of work. Care must be taken to keep the inside of the.pipes-clean,and-free of dirt, rock, cutting,-etc. FlusK0systemsclean.-pricr.to installing sprinkler heads. 1.8 CODES AND PERMITS Install all work according to applicable codes and ordinances of the City and the National Electrical Code. Obtain and pay for all required permits. 1.9 WEATHER PROTECTION Protect and maintain all work, materials and fixtures from weather damage. All new work likelyto-be.damaged.shalt-be-covered-or.otherwise.protecteck 1.10 SITE CONDITIONS Before ordering materials or beginning work, verify dimensions of existing and new work. Any differences found shall be submitted to the Owner's representative for consideration-before-proceedingwith-work. -No.extra�compensatiorr-wilt-be.atl wect - because of differences between actual dimensions and measurements indicated on the plans. Plans are diagrammatic and approximate. 05/21/01 02810-2 010739010 1.11 PROTECTION AND SAFETY A. Send proper notices, make all necessary arrangements and perform other services required for the care, protection and maintenance of public utilities, and services.including fire-plugs,telephoneand telegraptr poles--and=wires,and-all- other items of this nature on or about the site, assuming all responsibility and paying all costs for which the Owner may be liable. B. Construct and maintain necessary temporary drainage and provide pumping, as required, to keep excavations free of water. C. Provide all shoring, bracing and sheeting as required by OSHA Regulations and for the proper execution of the work. All shoring, bracing and sheeting shall be -removed from-thesite,when.the work-.is.completed, D. Fires are not permitted. E. All work shall be performed in accordance with the national "Occupational Safety and Health Standards" (OSHA). 1.12 SUBMITTALS Using hard cover 3 ring notebooks, provide not less than three (3)copies of complete brochures..describing-equipment-and.materials;.including-names--of manufacturees- catalog numbers, trade names, instructions for setting, connecting and operation, technical data and any special information requested. Unless resubmission is required, two-will.be-retained.and one returnedafter-.beiV.rewewecL ..lf..resubmission--is-.required, one corrected copy and one original copy will be returned after being reviewed. If resubmission is required, one corrected copy and one original copy will be returned and one wilt be.retained..One-approved.copy shalf.be_in.thefle of.the CoMractor'-s- representative at the project site. 1.13 RECORD PRINTS A. Provide and keep a complete up-to-date a Record Set of blue-line prints which shall be corrected daily and show every change from the original plans and specifications-andthe-exact•locations,sizes-and--kinds-of equipm.ent. -Prints--for this purpose may be obtained from the Owner's representative at cost. This set of drawings shall be kept on the site and shall be used only as a record set. B. These drawings shall also serve as work progress sheets and shall be the basis for measurement and payment for work completed. Make neat and legible -annotations thereon daily.as.the work-proceeds,.showing the work-as actually installed. These plans shall be available at all times for inspection and shall be kept in a location designated by the Consultant. C. Before the date of the final inspection, transfer all information from the record prints to a sepia mylar, provided by the Consultant. All work shall be neat, in ink, and-,subject.to the.approval of.the Consultant.. 05/21/01 02810-3 010739010 D. Dimension from two (2) permanent points of reference, building comers, sidewalks;.or.road=-intersections; etc,the locatiorr-of the-following-item. , 1. Connection to existing water lines. 2. Connection to.existingelectricat power. 3. Gate valves. 4. Routing of irrigation pressure lines (dimension maximum 100' along .routing). 5. Remote control valves. - 6. Routing of control tubing. 7. Quick coupling valves. 8. Manual drain valves. 9. Routing of irrigation lateral lines (with a change of two (2)feet each way). 10, Other-related.equipment-as,directed by th a Owners representativie. E. Prior to the date of the final inspection, the contractor shall deliver the corrected and.completed sepiasto the Consultant for approval.- Delivery of the-mylars will- not relieve the responsibility of furnishing require:) information that may be omitted from the prints. 1.14 CONTROLLER CHARTS A. The Consultant shall approve the record prints before the controller charts are .prepared. B. Provide one controller chart for each automatic controller. C. The chart shall show the area controlled by the automatic controller and shall be the maximum size, which the controller door will allow. D. The chart is to be a reduced plan of the actual approved in-place system. E. The chart shall be a photo-static copy of blue-line ozalid print and a different .color-shalt-be-used to indicate thearear-of coverage-for.each-station F. When completed and approved, the chart shall b;; hermetically sealed between two.-pied s..of.plastic;each.-piecebeing.a=.minimurrr.of.20 mils, G. These charts shall be completed and approved by the Consultant prior to final inspection.of the.irrigation.system. 1.15 IRRIGATION CONTRACTOR'S RESPONSIBILITY A. Prior to submittal of the bid, the Contractor shall ;acquaint himself with all matters and conditions concerning the site and existing conditions. B. Coordinate work with the other trades so that all phases of the work may be . properly coordinated without delays or damage to any parts of the work. 05/21/01 02810-4 010739010 C. The Contractor shall be responsible for all sleeves and chases under paving, through-walls; etc.,.unless-otherwise..noted-on-plan s. D. Irrigation sleeves to be installed under pavement areas, whether indicated on -plart-.or.not. 1.16 CHANGES IN THE WORK A. Minor changes, such as head location and controller location adjustments, which do not involve extra cost and are consistent with the purpose of the work may be .ordered by.the Owner's-.r-epresentati.vo and-no idairrr-.for.anaddition to,.the contract sum or time schedule will be considered. 1.17 FINAL INSPECTION A qualified person duly authorized in writing to represent the Irrigation Contractor shall be present at the final inspection to demonstrate the systems and prove the .performance of the equipment. Prior.to this.inspection,.all,work-under-this-division--shall, have been completed, tested, balanced and adjusted and in final operating condition. 1.18 GUARANTEE A: Guarantee the satisfactory operation of the entire system, to the extent possible under the scope of the work included in this Contract. The entire system shall be .guaranteed-to.be.completeand--work.properly for.a.period--of.one year fro m.date of final acceptance. Repair any defects or replace any defective parts found or occurring within that year, free of expense to the Owner. B. Include a copy of the guarantee form in the Operation and Maintenance Manual. 1.19 MISCELLANEOUS SERVICES OF IRRIGATION CONTRACTOR A. Train at least two (2) of the Owner's employees in the operation and maintenance of the system. This shall include the operation of the controllers -and-valves,.how to_most effectively-use.the-system.,.and.maintenance.on-aH. equipment including the removal and replacement of valve and controller components. B. Provide two (2) quick coupling valve keys and two (2) sets of automatic controller keys for each controller. This equipment shall be turned over to the Owner upon final..acceptance of the work.-by the Owner.. C. Provide a watering program to the Owner showing the scheduling or sequencing of the valves,Ancluding.which valves.nmay.be-fur.sirnultaneously,.and:.a-desirable timing program for each controller. The controllers shall be scheduled to prevent an excessive amount of head loss in the system. The program shall include suggested:operating.time for.new.planting.and established growttt.. 05/21/01 02810-5 010739010 D. Operation and Maintenance Manuals- Prepare and deliver to the Consultant, within-tern--calendar days-.prior-to-.completion--of c omsti action,two--hard--cover-, three rina binders containina the followina information: 1. Index sheet stating Contractor's address and telephone number, list of -equipment with--name-and--addresses--of 1,`Ocat-manufacturer:s- representative. 2. Catalog and parts sheets on each produ::t and equipment type installed .under this-.contract. 3. Guarantee statement. 4. Complete operating and maintenance instruction on all major equipment. 1.20 SITE OR FIELD VISITS BY THE CONSULTANT A. The Consultant will visit the site once to examine materials for type, size and character specified. The Consultant will also visit the site once to examine the .installation..and-.operation-of the.syster-r B. Should additional trips be required due to rejection of materials or improper or .inadequate completion of the work,the.costs-.of.additional,trips.vAll..be.paict for.by the Contractor. Such costs will include the Consultant's time, travel and other miscellaneous related expenses. PART 2-MATERIALS 2.1 GENERAL All materials and accessories shall be of new and unused material. Any section of pipe found ta..be--defective-before--or-after installation.shalk-be replaced-with--new-pipe: All-new- irrigation equipment shall be essentially the standard product of the manufacturer. All new equipment furnished shall have in-service performs ince records sufficient to verify .published-capabilities. 2.2 PIPE AND FITTINGS A. PVC Pressure Main Line and Fittings: 1. Pressure main line piping shall be Schedule 40 PVC. Main line piping less-than-three 43)-inches-an--diameter-skrG la have solvent welded-joints: Main tine piping greater than three (3) inches in diameter shall be JM Ring-Tite Basketed bell joint pipe, or approved equal. 2. Pipe shall be made from NSF approved Type I, Grade I PVC compound conforming to ASTM resin specification D 1785. All pipes must meet the .requirements-of Federal Specification-Z-2, 05/21/01 02810-6 010739010 3. PVC solvent-weld fittings shall be Schedule 40, 1-2; II-1 NSF approved conforming-the ASTM-.test.procedure-D2466, 4. Solvent cement and primer for PVC solvent-weld pipe and fittings shall be .of type--and-installation-.mothods..prescribed--b the-.manufacturer. 5. All PVC pipe must bear the following markings: a. Manufacturer's name. b. Nominal pipe size. .c. Schedule-or..class, d. Pressure rating in PSI. e. NSF (National Sanitation Foundation) approval. L. -Date of extrusion.. 6. All fittings shall bear the manufacturer's name of trademark, material designation,.size epplicable.lPSscheduleend--IdSFseal-s approyat.. B. PVC Non-Pressure Lateral Line Piping: 1. Non-Pressure buried lateral line piping 3/4" in diameter and above shall be Schedule 40 PVC with solvent-weld joints. Laterals 1/2"in diameter shalEbe Schedule 40.PVC witft solvent-weldjoi .. 2. Pipe shall be made from NSF approved, Type I, Grade I PVC compound conforming.to ASTM resin specification D4785. All-pipes must meet the requirements of Federal Specification PS-21-70 with an appropriate standard dimension ratio. 3. Except as noted in paragraphs above, pipe and fittings for PVC non- pressure lateral line piping will be the same as for solvent-weld pressure main line.pipe and fittings as set forth in"PVC Pressure Main Line Pipe and Fittings"above. 2.3 AUTOMATIC CONTROLLERS A. Automatic controller shall be of type and size shown on the plans. B. The Owner's Representative shall approve the final location of automatic .controller-prior to-.installation: C. The 120 volt electrical power hook up for the automatic controller shall be .provided by, the.Contractor. The-cost-for-.such,electrical.hook-up..shall-be considered as included in the bid cost for irrigation installation. D. Controller shall be housed in a metal locking weatherproof cabinet as indicated -on--pians: 05/21/01 02810-7 010739010 2.4 GATE VALVES Gate valves shall have bell or spigot ends, flanges or screw joints as required for the piping in which they are installed. All gate valves shall b:; manufactured of brass .conforming.to-.the-AWWA-.Standard-C-5001 or Vf-58;.Class- B. Gate Valves shall be designed for a minimum water working pressure of 120-psi. Gate valves shall have a clear waterway equal to the full nominal diameter of the valve .and-.shalt-.bwopenect.by-turning.counterclockwise: 2:5 REMOTE CONTROL VALVES The remote control valves shall be of the type shown on the drawings, and shall be electrically operated, normally closed diaphragm type valves. Valves shall be slow .opening-and.-closing.. Valves shall..have:.a.manuatflow.contr=oLand.manual-bleed.plug. 2.6 QUICK COUPLING VALVES All quick coupling valves shall be a one piece, 1 inch in size, single lug brass or bronze unit with a self-closing locking metal cover or as noted on plans. Valves shall be guaranteed.fQ withstand 1251mi..pressure,without-.leaking- 2.7 BACKFLOW PREVENTER The backflow prevention device shall be of the type and ::ize shown on the Drawings. The backflow preventer will be installed at location(s)shown on the drawings. Install .bad kflow.proventer.in.acm.rdance with.Iocat.codes and o Fdinances.- 2.8 REMOTE CONTROL WIRE A. Connections between the automatic controllers and the remote control valves shall be made with direct burial copper wire AWS I.-U.F. 600 volt. Pilot wires shall be different color wire for each automatic controllir. Common wires shalt be white with a different color stripe for each controller. Install in accordance with automatic controller manufacturers specifications and wire chart. In no case shall wire size be less than AWG#44 U.F. B. All wire shall be installed according to local electrical codes and must bear UL approved(Type UF)for direct underground burial. 2.9 CONTROL WIRE SPLICES Control wire splices shall be made with 3M-DBY wire con hectors and sealant, or an approved equal. Connectors shall be of the proper size to match the wire. Only make wire splices in valve boxes or.junction boxes approved by the Owners representative. 2.10 VALVE BOXES Valve boxes for remote control valves and isolation valves shall be of type and size as shown in details. 05/21/01 02810-8 010739010 2.11 ROTARY POP-UP HEADS Provide rotary pop-up heads as indicated on the drawings. Rotary pop-up heads shall be installed in a cyclolac case. Heads shall pop-up until the nozzle is a minimum of 2" --above-:ground:leveL -.AN-=inter..nat.pacts:shalt.be.removable:frron't:above.-ground: :See-.the- equipment schedule on the plans for the performance data. 2.12 SPRAY POP-UP HEADS Pop-up spray heads shall be the type as shown on plans with a 1/2"female inlet. The nozzle shall have the angle of trajectory specified on the equipment schedule, and a .scr-ew.adjustment for.regulating=.the,spray.radius. :See:the=:Equipment<Schedule.-ocr-.the= plans for the performance data. 2.13 SWING JOINT NIPPLES All swing joint nipples shall be made of polyvinyl chloride, Schedule 40, threaded pipe. Fittings at swing joints shall be schedule 40 PVC threaded elbows. PART 3- INSTALLATION 3.1 GENERAL A. Provide a complete and properly functioning automatic irrigation system as -indicated:herein--a W_ort-:the.Drawings. B. Unless otherwise specified or shown on the plans, the construction of irrigation .lines,shalt.include:excavatiorr-.and-.backfilt;.the.furmshing;.installing.and testing-.Gr irrigation pipe and fittings, and electrical conductors and all other work in accordance with the plans and specifications. The irrigation system installation .shall.be:coordnated-wdh other-.constructiorr_actinities: C. All valves and other irrigation equipment shall be located in planting areas, .uniess..otherwise.noted-on-.the-.Drawings, 3.2 PIPE AND FITTINGS A. PVC pipe, couplings and fittings shall be handled and installed in accordance with the manufacturer's recommendations. Each pipe length shall be properly spaced.in:jointing toellow for expansion-end-contraction...Piping wilt1asnaked. in trench as shown in the trenching details. If necessary, stakes are to be used to make pipe snake in trench. All stakes are to be removed, as the trench is back€ille.d.. B. All laterals shall be installed with 12" minimum coverage over pipes at finish 9radesnd..all-.main..lines.with_at:least_'I-B'-minimuttt-oov.amga-.AIM.assitalLilave. a minimum clearance of 6"from each other and from lines of other trades. Pipe 05/21/01 02810-9 010739010 shall lie on a minimum 2" sand sub-base. Parallel lines shall not be installed directly over one another. C. Install concrete thrust blocks as indicated on the details in the drawings. Blocking shall be a minimum of 1.5 C.F. each. Set concrete blocking against undisturbed earth. D. The interior of the pipe shall be thoroughly cleared of all foreign matter before being lowered into the trench,.and shall be kept clean during laying operations by means of lugs or other approved methods. The pipe shall not be laid in water, or when trench or weather conditions are unsuitable for the work. Water shall be kept out of the trench until the joints are completed. When work is not in progress, open ends of pipe and fittings shall be securely closed so that no trench water, earth or other substance will enter the pipes or fittings. Any pipe that has the grade or joint disturbed after being installed shall be taken up and relayed. Fittings at bends in the pipe, and at the end of lines shall be firmly wedged against the vertical face of the trench by means of concrete thrust blocks. E. Joints in all screwed fittings shall be made by applying teflon tape on male threads. Use of pipe joint compound or similar substance is prohibited. F. After installation, the lines will be flushed until they are free of rocks, dirt, debris, etc., before the heads are installed. G. Pipes and/or sleeves placed underground and not immediately connected to other pipes shall be capped or plugged to prevent water and dirt from entering the pipe. Sleeves for wires shall be capped or sealed with mastic tape after wires have been installed. 3.3 AUTOMATIC CONTROLLERS A. Controllers shall be installed at locations shown on the plans or as directed by the Owner or Owner's representative. Controllers shall be installed as shown in the details on the plans. B. All electrical wiring and connections shall be installed according to the local City and National Electrical Code. 3.4 GATE AND REMOTE CONTROL VALVES A. Install all new valves as indicated on the plans or as may be required for the proper control of the piping systems in which they are incorporated. Valves shall be set vertically. Valves shall be set as shown on the drawings and as approved by the Owner's representative. B. Control valves shall be adjusted to give the correct pressure at the spray head. C. Teflon tape is to be used on all male threads when installing valves. 05/21/01 02810- 10 010739010 - D. All valve boxes are to be left in a clean condition, providing ready access to valves. 3.5 QUICK COUPLING VALVES Quick coupling valves shall be installed in a vertical position as shown in the details and at locations shown on the plans. 3.6 BACKFLOW PREVENTER Backflow preventer shall be installed as shown on drawings and in accordance with local codes and ordinances. 3.7 REMOTE CONTROL WIRE A. Connections between the automatic controllers and the remote control valves shall be made with direct burial copper wire AWG-U.F. 600 volt. Pilot wires shall be different color wire for each automatic controller. Common wires shall be white with a different color stripe for each controller. Install in accordance with valve manufacturer's speclflcations and wire chart. In no case shall wire size be less than AWG#14 U.F. B. All wire shall be installed according to local electrical codes and must be insulated with PVC and bear UL approved (Type UF)for direct underground burial. 3.8 CONTROL WIRE SPLICES A. Control wire splices shall be made with 3M-DBY wire connectors and sealant, or an approved equal. Connectors shall be of the proper size to match the wire. B. No control wire splices will be permitted between remote control valve boxes and controllers. 3.9 VALVE BOXES Valve boxes shall be installed in an accessible place as shown on plans. All valve box Rovers, valve boxes,.etc. shall be placed so the edges are parallel or perpendicular to adjacent hard edges or edge of field. Top of all boxes shall be 1"above finished grade. Top surface of boxes shall be installed so that a smooth surface is created in relation to existing grade. Boxes shall be a minimum of 7'—0"from edge of field. 3.10 IRRIGATION HEADS Irrigation heads shall be installed in plumb position at intervals not to exceed those shown and in the approximate location and configuration shown on the plans. Head swing joints, risers and flexible connectors shall be as shown on the details. All nipples shall be the minimum length required to allow irrigation head adjustment motion without including load on the supply pipe. Irrigation heads shall be installed as detailed on the plans. 05/21/01 02810- 11 010739010 3.11 TRENCH EXCAVATION AND BACKFILL A. The Contractor shall perform all excavation to the depth indicated in these specifications and plans. All excavated material not required for fill or backfill shall be removed from the site. The banks of trenches shall be kept as nearly vertical as practicable. Trenches shall be wide enough to permit proper placing of pipe. Where rock excavation is required, or where stones are encountered in the bottom of the trench, the rock or stones shai 11 be removed to a depth of four (4) inches minimum below the trench depth indicated. The over-depth rock excavation and all excess trench excavation shall be backfilled with loose, moist earth or sand}thoroughly compacted. Whenever soil,.which is wet or otherwise incapable of supporting the pipe is encountered in the trench bottom, such soil shall be removed to a depth and length required and the trench backfilled to trench bottom grade as hereinafter specified, with coarse sand, fine gravel or other suitable material. B. Bottom of trench grade shall be continued past ground surface deviations to avoid air pockets and low collection points in line. The minimum cover specifications shall govern regardless of variations in ground surface profile and occasional deeper excavation required at banks and other field conditions. Excavation shall be such that a uniform trench grade variation will occur in all cases where variations are necessary. In no gauze shall the angle of deflection from one pipe length to another exceed 5 degrees. C. Trench excavation shall consist of the satisfactory removal and disposition of all materials, and shall include all shoring and sheeting required by state and local regulations to protect the excavation and to safeguard employees. D. During excavation, materials suitable for backfilling shall be stockpiled in an orderly manner a sufficient distance back from edge of trenches to avoid _ overloading and prevent slides or cave-ins. No excavated materials shall be placed within or permitted to fall upon roadways. E. The trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting or earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stone. Rock, broken concrete or pavements and large boulders shall not be used as backfill material. The backfill shall be thoroughly compacted and evened off with the adjacent soil level. Any materials not suitable for backfill shall be removed from the site and disposed of. F. Select fill dirt or sand shall be used if soil conditions are rocky. In rocky areas the trenching depth shall be four inches below normal trench depths to allow for this bedding. The fill or dirt or sand shall be used in filling four inches above the pipe or wires. The remainder of the backfill shall contain no lumps or rocks larger than one inch. The top six inches of back ill shall be free of rocks, subsoil or trash. G. Backfill shall be placed in layers; the thickness of the layers shall depend on the nature of the material and the method of compaction used. Compaction shall be 05/21/01 02810- 12 010739010 accomplished in such a manner as to assure that there will be no future subsidence. H. Any trenches improperly backfilled, or where settlement occurs, shall be reopened to the depth required for compaction,.then filled and compacted with the surface restored to the required grade and left in a completed surface condition as described above. I. All excavation and backfill shall be unclassified and covered in the base bid. No additional charges will be allowed for rock encountered. 3.12 LEAK TEST A. When the main line or sections of the main line, laterals, swing joints and valves have been installed, the system (.or section)will be thoroughly flushed. The system (or section)will then be pressurized for 8 hours at the operating pressure. B. All lateral lines, from the control valve to the spray head, shall be tested, for an operating period of 8 hours by capping the pipe at the sprinkler head and pressurizing the pipe. C. Any leakage found will be repaired and retested for another 8-hour period prior to backfilling. 3.13 CLEANING AND FLUSHING SYSTEM After pipe, fittings, and valves have been installed and connections made to the water source, flush pipes several times until free of all rocks, dirt, trash, pipe shavings or debris before installing heads. After the pipe has been thoroughly flushed, start installing the heads with the water running, beginning with the one nearest the valve and working toward the ends of the laterals forcing the water and any debris left in the pipe out the last head connection. After the heads have been installed the system is to be operated several times before final inspection. The heads shall also be cleaned or replaced if necessary before final inspection. 3.14 PLANT MATERIALS Where it is necessary to excavate adjacent to plant materials, the Contractor shall use all possible care to avoid injury to plants and plant roots. Excavation in areas where two (2) inch and larger roots occur shall be done by hand. All roots two (2) inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap to prevent scarring or excessive drying. Where a trencher is run close to plants having roots smaller than two (2) inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through. Roots one (1) inch and larger in diameter shall be painted with two coats of Tree Seal, or equal. Trenches adjacent to plant should be closed within twenty- four(24) hours; and where this is not possible, the side of the trench adjacent to the plant shall be kept shaded with burlap or canvas. No trenching shall occur within 8' of 05/21/01 02810- 13 010739010 existing trees if heads occur closer than 8'to an existing tree, the lateral trench shall be scut radial to the trunk. 3.15 TEMPORARY REPAIRS The Owner reserves the right to make temporary repairs as necessary to keep the irrigation system equipment in operating condition. The: exercise of this right by the Owner shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. — 3.16 CLEANUP A. Make final cleanup of all parts of the work befog final acceptance. This cleanup shall include removal of all construction matena'!:s and equipment, and in general leaving the site in an orderly and finished appearance. B. The Contractor shall also remove from the site any rock or extra soil resulting from this contract and he shall restore the site to its original condition or better. END OF SECTION 05/21/01 02810- 14 010739010 SECTION 02930-SEEDING PART 1 -GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed,as specified on the plans. B. Related Work Specified Elsewhere: Section 02300,Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction,Item 164, "Seeding for Erosion Control"and Item 180, "Wildflower Seeding'. 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed(PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred(100)miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City,in writing,prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate,labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species(see Part 2-Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten(10)miles per hour. B. Schedule After All Other Construction and planting is complete. SECTION 02930-SEEDING -1- C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds,whether the general contractor or a subcontractor,is responsible for daily supervision of his crew, and for the pla citing and maintaining of seedlings until acceptable,viable growth is achieved and the project accepted by the City. PART 2—PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed(PLS=purity x germination)per _ acre. Substitution of individual seed types due to lack of availability shall be made only by the _ City at the time of planting. The Contractor shall notify the City,prior to bidding,of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding,each area shall be marked in the field and approved by the City. Any adjustment o E area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent(10%) by weight of the total of pure live seed (PLS)and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean,dry and harvested within one year of planting. 1. Non-native grass seed shall consist of: if planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name PRD�y Germination 25 Bermuda(unhulled) Cynodon dactylon 85% 90% 75 Bermuda(hulled) Cynodon dactylon 95% 90% Substitute the following if planted between September 111 and April 15: 220 Rye Grass Lollum multiflorum 82% 80% 40 Bermuda(unhulled) Cynodon dactylon 84% 85% SECTION 02930-SEEDING -2- 2 Native crass seed-The seed shall be planted between February 1 and October 1 and shall consist of Lbs. PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestem* Schizachyrium scoparium 17.0 BufWograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestein Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three(3)feet of a walkway. 3 Wildflower seed-All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of. Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden-Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temporary erosion control seed When specified on the plans,temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. SECTION 02930-SEEDING -3- B. Mulch - 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed,either alone or with fertilizer,. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled v paper-by-products(waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent(10%)moisture,air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied _ uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8,or as designatecl on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. _ b. Where applying fertilizer on newly established seeding areas- 100 pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas- 150 pounds of Nitrogen per acre. D. Water: Shall be furnished by the Contractor by mez,as of temporary metering/irrigation, water truck or by any other method necessary to achieve viable,acceptable stand of turf as noted in 3.04.B.2. of this specification.The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally,an amount of water that is equal to the average amount of rainfall plus one half inch(1/2")per week should be applied for approximately three weeks or until project is accepted by the City. E. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope,use cellulose,fiber or recycled paper mulch, (see 2.01,B.Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater,use the following soil - retention blanket(Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave.H East,Post Office Box 5624, Arlington,Texas 76001, 1-800-777-;"OIL. 2.02 MEKING Seed,mulch, fertilizer and water may be mixed provided th at: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty(30)minutes after placed in the equipment. SEC'T'ION 02930-SEEDING -4- PART 3—EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps,stones,and other objects larger than one inch. 2. Roots,brush,wire, stakes,etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch(111 deep. 2. If area is sloped greater than 3:1,run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half(1/2') inch inside "drip line" of trees. C. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed.By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1')inch,remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding(Drilling): If mechanically seeding(drilling)the seed or seed mixture,the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed,as well as fertilizer,may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch(1/4"-3/8')utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting,the area shall be rolled with a roller integral to the seed drill,or a corrugated roller of the "Cultipacker"type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed,if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils,flat surfaces-minimum 1,500 lbs./acre. 2. Sandy soils,sloping surfaces-minimum 1,800 lbs./acre. 3. Clay soils,flat surfaces-minimum 2,500 lbs./acre. 4. Clay soils,sloping surfaces-minimum 3,000 lbs./acre. SECTION 02930-SEEDING -5- 5. "Flat"and"sloping"surfaces will be shown on the plans if not visually obvious. - C. Apply within thirty(30) minutes after placement iri equipment. Keep mulch moist,by daily water application,if necessary: 1. For approximately twenty-one(2 1)days, or 2. Until seeds have germinated and have rooted in soil,(see 3.04.B.2.)and project has been accepted by the City. - 3.04 MAINTENANCE AND MANAGEMENT - A. Includes protection,replanting,maintaining grades.and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2—2.01—D. for watering requirements to be executed by the contractor. B. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time,as determined by the City. 2. A"stand"shall be defined as: - a. Bermuda/Rye grasses: Full coverages per square foot established within two to three(2-3)weeks of seeding elate on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. b. Native grass and wildflowers: eighty percent(80%)coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material a:ad rocks or clods larger than one inch diameter. END OF SECTION SECTION 02930-SEEDING -6- SECTION 03300—CAST-IN-PLACE CONCRETE PART 1 -GENERAL 1.01 SCOPE OF WORK A. Concrete Sidewalk B. Concrete Handicap Ramps C. Picnic Table Slabs D. Playground Edging E. Concrete Walls and Footings F. Related work elsewhere: Section 07920—Caulking and Sealants 1.02 QUALITY ASSURANCE Reference Specifications: The work under this division of the Specifications shall conform generally to the requirements of Item 314-"Concrete Pavement",Item 406- "Concrete for Structures", and Item 410—"Concrete Structures" of the City of Fort Worth's Standard Specifications for Street and Storm Drain Construction. PART 2-MATERIALS 2.01 FORMS Forms shall be of ample strength, adequately braced,joined neatly and tightly and set exactly to established line and grade. 2.02 REINFORCING MATERIALS Reinforcing Bars: Reinforcing bars shall be round deformed bars meeting the requirements of the current standard Specifications for Intermediate Grade Billet Steel Concrete Reinforcing Bars of the A.S.T.M.Designation A-615. Reinforcing bars at the time the concrete is placed shall be free from rust, scale or other coatings that will destroy or reduce the bond. General reinforcing bars shall be number three bars spaced 18 inches on center in walks and 12 inches in slabs as shown on Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requirements of A.S.T.M. Specifications Designation C-150 and shall be Type 1. B. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and shall be free from any excess amount of salt,alkali,vegetative matter or other objectionable materials. The aggregate shall be well graded from fine to course and the maximum size shall be one inch. Fine aggregate shall consist of sand C. Water: Water used in mixing concrete shall be clean and free from deleterious amounts of acids,alkalies,vegetative matter or organic material. The concrete shall be mixed in an approved batch mixer. The mixing time shall not be less than one minute after all the batch materials are in the mixer. Cement content CAST-IN-PLACE CONCRETE 03300 -I- shall be not less than five sacks per cubic yard of concrete and shall have a minimum 28 day compressive strength of 3,000 psi, D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above. Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping or interrupting. Concrete shall not be placed on the job after a period of 11/2 hours after the cement has been placed in the mix:r. 2.04 RELATED MATERIAL A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart redwood with cap and paved cross section as shown on the plans B. Dowels: Dowels for expansion joints shall be number four smooth round steel bars with expansion tubes as shown on Plans. Dowels shall be placed eighteen inches on center or as shown on Plans. C. Curing Compound: The membranous curing compound shall comply with the requirements of A.S.T.M.,Designation C-309,Type 2,white pigmented. D. PVC Sleeves: The Contractor shall furnish and install four inch class 200 PVC pipe sleeves under concrete walk as shown on plans and details. E. Caulking and Sealants—See Section 07920 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design: The concrete shall contain not less than five sacks of cement per cubic yard. Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount c>f course aggregate(dry-loose volume)shall not be more than 85 percent per cubic yard of concrete. The net amount of water will be the amount added at the mixer plus the free water in the aggregate or minus the amount of water needed to compensate for absorption by the aggregates. Free water or absorption determinations will be based on the condition of the aggregates at the time used. The absorption test will be based on a thirty minute absorption period. No water allowance will be made for evaporation after batching. B. Slump: When gauged by the standard slump test,the settlement of the concrete shall not be less than 3 inches nor more than 5 inches,unless otherwise indicated. C. Quality: The concrete shall be designed for a minimum compressive strength of R 3,000 pounds per square inch at the age of twenty-eight days using a 5 sack.mix. CAST-IN-PLACE CONCRETE 03300 -2- D. Control-Submittal: Within a period of not less than ten days prior to the start of concrete operations,the Contractor shall submit to the Engineer a design of the concrete mix proposed to be used together with samples of all materials to be incorporated into the.mix and a full description of the source of supply of each material component. The design of the concrete mix shall conform to the provisions and limitation requirements of these specifications. All material samples submitted to the Engineer shall be sufficiently large to permit laboratory batching for the construction of test beams to check the adequacy of the design When the design mix has been approved by the Engineer,there shall be no change or deviation from the proportions thereof or sources of supply except as hereinafter provided. No concrete may be placed on the job site until the mix design has been approved by the Engineer in writing to the Contractor. PART 3-EXECUTION 3.01 REINFORCING Metal reinforcing shall be accurately placed in accordance with the Plans and shall be adequately secured in position by concrete,metal, or plastic chairs and spacers. Bar splices shall overlap at least twelve inches. The re-bars shall be bent cold. 3.02 JOINTS A. Expansion Joints: Expansion joint materials shall be installed perpendicular to the surface. The bottom edge of the material shall extend to or slightly below the bottom edge of the slab and the top edge shall be held approximately 1/2 inch below the surface of the slab. Dowel bars shall be as indicated on the plans. The joint shall be sealed with silicone joint sealant as indicated. B. Sawed Dummy Joints: Sawed dummy joints shall be 1/4 inch wide by T/4 inch deep(where T is the pavement thickness),as indicated. Joints will be sawed as soon as sawing can be performed without stripping aggregate from the concrete, generally within twelve to twenty-four hours after placement,and they shall be completed before uncontrolled cracking of the pavement takes place. Sawed Dummy joint shall be sealed with silicone joint sealant as indicated on the plans. C. Construction Joints: Construction joints shall be installed in all concrete work at the locations shown on the Plans. Construction joints formed at the close of each day's work shall be located at any of the control joints designated on the Plans. Joints may be constructed by use of wood or preformed metal bulkheads set true to the section of the finished concrete. Surplus concrete on the subgrade shall be removed before resuming concreting operations. Reinforcement shall be as indicated on the plans. Construction joints shall be sawed and sealed as indicated with silicone joint sealant. 3.03 PLACING CONCRETE Placement of Concrete: The concrete shall be rapidly deposited on the subgrade immediately after mixing is completed. Subgrade and forms shall be dampened prior to CAST-IN PLACE CONCRETE 03300 -3. placement of the concrete. The concrete shall be transpor-WA placed and spread in such a manner as to prevent segregation of the aggregate or an excess amount of water and fine materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty-five degrees Fahrenheit or higher,witliout approval of Construction Inspector. Placement shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars. No concrt to that has partially hardened or that has been contaminated by foreign material shall be d.aposited in the work nor shall retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. All concrete shall be thoroughly compacted by suitable rieans during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the comers of the forms. Special care shall be taken to prevent voids and honeycombing. The concrete shall then be struck off and bull-floated to the grade shown on the Plans before bleed water has an opportunity to collect on the surface. 3.04 FINISHING All concrete shall be finished by experienced,qualified concrete finishers. All concrete shall have a neat,rounded edge. Edging and jointing(radius described on Plans)shall be accomplished with care so as not to leave deep impressio as in the concrete surface adjacent to edges and joints. After the concrete has been floated and has set sufficiently to support the weight of cement finishers,a smooth steel trowel will be used to produce hard surface. The entire surface will then be brushed wills a stiff bristle broom to produce a uniform textured finish. All edges and sides of concrete exposed to view shall be free of warp and blemishes with a uniform texture and smoothness as described in Plans. 3.05 CURING Curing Compound: Immediately after the finishing operations,the concrete shall be completely covered with a curing compound. The conerto surface shall be kept moist between finishing operations and the application of the curing compound. The curing compound shall be applied under pressure by means of a spray nozzle at a rate not to exceed 200 square feet per gallon. A minimum of 72 hours curing time will be required. 3.06 CONCRETE WALLS A. Placing Concrete 1. Where tremies are used, or where the free drop is 5'-O" or more, and through reinforcement,use a dumping box or board,moving the concrete therefrom by shovels or hoes. 2. Deposit concrete so that the surface is kept level throughout, a minimum being permitted to flow from one position to another,and place as rapidly as practicable after mixing. 3. Do not use in this Work any concrete not placed within 30 minutes after leaving the mixer. CAST-IN-PLACE CONCRETE 03300 -4- 4. Thoroughly work concrete around reinforcement and embedded fixtures, and into comers of forms,during placing operations. 5. Completely compact with tamping poles and by tapping forms until the concrete is thoroughly compact and without voids. Determine the number of tampers needed by the amount and method of placing concrete. 6. Exercise care to tamp concrete vigorously and thoroughly to obtain maximum density. 7. Use manual tampers as well as mechanical vibrators. a. Exercise care to direct the quick handling of vibrators from one position to another. b. Do not over-vibrate concrete. C. Do not move concrete by use of vibrator. B. Finishing 1. All formed surfaces exposed to view shall have a smooth form finish. 2. After concrete has been properly placed and cured, sandblast finish if indicated on the plans and per specification Section 03350. 3.07 PROTECTION After concrete is placed, finished and cured as required,permit no traffic thereon for three days thereafter and further protect the surface from damage due to other causes. END OF SECTION CAST-IN-PLACE CONCRETE 03300 -5- Section 7920-NON-PAY ITEM-SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11)"Joint Sealing Materials"of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION- CITY OF FORT WORTH, and Item 2.210 "Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant,the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 2.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation,Midland, MI 48686-0994, or an approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Reguirement AS SUPPLIED **** Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 *""* Skin-Over Time, minutes max. 60 *""* Cure Time, days 14 to 21 Full Adhesion, days 14 to 21 AS CURED-AFTER ASTM D 412, Die C Mod. Elongation, % min. 1400 _ ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @+100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. _ The back rod and breaker tape shall be installed in the saw-c:ut joint to prevent the joint sealant from flowing to the bottom of the joint. Th:;backer rod and breaker tape shall be compatible with the silicone joint seale_nt and no bond or reaction shall occur between them. Reference is made to the"Construction Detail" sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement,the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the"Construction Detail" sheet or as directed by the Engine;;r within 12 hours of the pavement placement. (Note that for the"dummy"joints,the initial 1/4 inch width"green" saw-cut and the"reservoir" saw cut are identi;aal and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slun•y from the freshly saw cut joints.) The pavement shall be allowed to cure for z.minimum of seven (7)days. Then the saw cuts for the joint sealant reservoir shall be made,the joint cleaned, and the joint sealant installed. During the application of the joint - sealant,the weather shall not be inclement and the temperature shall be 40F (4C) and rising. 4. EQUIPMENT 4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 High Pressure Water Pump: The high-pressure cold water-pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfln. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 5. CONSTRUCTION METHODS 5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the"Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing,the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method,flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying,the joints shall be sandblasted. The nazzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting,the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found,the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning,the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnigl-tt. _ Bond Breaker Rod and Tape: The bond breaker rod and tae s hall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will - produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape,the joint - sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. - Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. & WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also,the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT Payment will be subsidiary to the unit price bid for concrete pavement,which price shall be full compensation for furnishing all materials and for all preparation,delivery, and application of those sealing materials and for all labor,equipment,tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. ,LE No.224 0228 '07 10:37 ID: FAX: _ PAGE 1/ 2 M CERTIFICATE OF LIABILITY INSURANCE 02%28%2'00'7' .UCER (214)423-3333 FAX (214)423-3350 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION icarbrough Medlin & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMENDr EXTEND OR 5700 Granite Pkwy, #500 ALTER THj COV RAGFE AFFORDED BY THE POLICIES BELOW. Plano, TX 75024 INSURERS AFFORDING COVERAGE NAIC# INsuttiv Advanced Paving Acqu sition Ltd. INSURER A: EK Insurance STEanies OSA: Advanced Paving Co. INSURER 8' Texas Mutual Insurance 2257 Joe Field Road INSURER C: Dallas, TX 7SZ29 INSURER O: INSURER E: COVERAOES THE.POLICIES OF INSURANCE LiSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE()HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMSA TYPE OF INSURANCE POLICY NUMPER POLICY EFFEC E P ON LIMITS GENERAL UAOILITY 3008211 04/76/2006 04/26/2007 EACH OCCURRENCE S 11000,000, )( COMMERCIAL GENERAL LIAOILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE Q OCCUR MED EXP(Any one person) $ 51000 AT:7 PERSONAL a ADV INJURY $ 1100 .000 GENERAL AGGREGATE $ 2 000 000 GF14%AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 21000,000 X POLICY X jFCOT LOC AUTOMOBILE LIABILITY 3E08211 04/26/2006 04/26/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea accidem) $ 11000.00 ALL OWNED AUTOS BODILY INJURY A SCHEOULEO AUTOS (Por person) S HIRED AUTOS OODILY.INJURY $ NON-OWNED AUTOS (Per accldenl) PROPERTY DAMAGE S (Por accident) GARAGE L"ILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY; AGG S EXCESSIUMHRELLALIAMLITY 3J08211 04/26/2006 04/26/2007 EACHOCCURRENCF $ 11400 00 X OCCUR CLAIMS MADE AGGR9GATF $ 1.000 000 A a DEDUCTIOLE $ X RETENTION IL 10,000 $ WORK€RS COMPENSATION ANP TSF-0001130490 04/26/2006 04/x6/2007rH- EMPLOYERS'LIA9fUTY E.L.EACH ACCIDENT $ 1.000 000 B ANY EEXCLu0E0?ECUTIVE E.L,DISEASE-EA EMPLOYEE S 11000.000 If yob,lies- llndW 81�EC1AL PROVISIONS Iw I F.L.DISEASE.POLICY LIMIT $ 1,000,00 OTHER [nd SCRI NpF 0 EFATkONSI LOCATIONS IVEHISL S! XCLUSIONSADDEDBY E 0O SEMENT1 €CIALPROVISIONS nera Liability and Auto L II ity contain B�anI et Ac�d�itional Insured and Blanket Waiver of brogation as required by written contract in favor of City of Fort Worth, its officers, employees servants. Workers Compensation contains Blanket Waiver of Subrogation as required by written tract in favor of City of Fort Worth, oject:Eagene McCray Community Center Parking Expansion OGR76-541600-080206771930 SHOULD ANY OF THE ABOVE DESCRIDEP POLICIES Of=CANCELLED BEPORE THE EXPIRATION OATF THEREOF,THE ISSUING INSURER WILL€NOEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO TNF CERTIFICATE HOLDER NAMED TO THE LEFT, City of Fort Worth OUT FAILURfa TO MAIL SUCH NOTICE SHALL IMPOSE NO 081-IGATION OR LIABILITY 1000 Throckmarton St OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES- Fort Worth, TX 76102 AUTHORIZEDREPRESENTATiVE 4 w , - Rod Medl i n LLL4 1� 2S(2001100) FAX: (817)392-8941 CACORD CORPORATION 1988 FILE No.224 02/28 '07 10:38 I D: FOX: PAGE IMPORTANT if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. R ACORD 25(2001108) CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: Eugene McCray Community Center Parking Expansion PROJECT NUMBER: GR 76-541600-080206771930 IS TO CERTIFY THAT: Advanced Paving Company is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Li7bilit Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence:Liability) Property Damage Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence:$ �* Property Damage: Ea.Occurrence:$ Bodily Injury: Contractual Liability Ea.Occurrence: $ * Property Damage: Ea.Occurrence: $ Other ■ Locations covered: Description of operations covered: • The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. ■ The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. • Agency Insurance Co.: Fort Worth Agent By Address Title F$RFO_RMAN 1i SON1� THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TA.RRANT § That we. (1)Advanced Paving Company,as Principal herein,and(2) SureTec Insurance Company a corporation organized under the)aws of the State of(3) Texas and who is authorized to issue surety bonds in the State of Tcxas,Surety herein,are held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tan-ant and Denton Counties,Texas, Obligee bercin, in the surd of Sevent-nine Thousand Nine Hunderd Thrityfive'Dollars ($79,935.30) for the payment of which sum we bind ourselves, our heirs, executors,administratotsi successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 20 day of February, 2007, a copy of which is attached hereto and made a part hereof for a))purposes, for the construction of Eugene Mef ray Community Center Parking Expansion NOW, THERE'F'ORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of P.rincipal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void;otherwise,to remain in full farce and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of.the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instniment. SIONFD and SEALED this 20 day of February, 2007. Advanced Paving Company PRINCIPAL ATTEST: By: I Ar Name: (Principal) Secretary l / Title: 1�2 Ji(l (S E A L) Address: 2257 Joe Field'Road Dallas, TX 76229 Witness as to P cipal SureTec Insurance company SURETY ATTEST: By. Name: Christine Davis Secretary Attorney in Fact (S E A L) Address:7201 Bishop Road, #250 Plano, TX 75024 Witness as to Surety Telephone Number: 469-241-1488 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an.original copy of Power of Attomey shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond No. 4355997 PP XMENT BONA THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRA.NT That we,(1)Advanced Paving Company,as Principal hcrei..N and(2) Sure Tec Insurance Company, corporation organized and existing under the laws of the State of(3) -Texas as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the 2mount of Sevent-nine Thousand Nine Hunderd Thrityfive Dollars(379S35.30)for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successor."and assigns,jointly and severally,firmly by these presents; WHEREAS, the Principal has entered into a certain written contract with the Obligce dated the 20 day of February, 2007, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length,for the following project: Eugenc McCray Community Center Parking Expansion NOW, THEREFORE, THE CONDITION OF THIS OBLJGATION IS SUCH, that if the said Principal sbal.) faithfully make payment to each and every claimant(as defined in Chapter 2253, Texas Government Code,as amended),supplying labor or materials in the prosecution of the work under the contract,then.this obligation shall be void;otherwise,to remain i,n full force and effect. PROWD.ED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabil.i.ties on this bond shall be determined in, accordance with the provisions of said sratute, to the same extent as if it were copied at length herein.. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 20 day of February,2007. Advanced Pavina Company PRINCIPAL ATTEST: By. y Name: L (Principal)Secretary n Title: (5 E L) Address; 2257 ,toe Field Road Dallas,TX 76229 &:fed fitness as to incipal SureTec Insurance company SURETY n 'l ATTEST: B � 1151. Name: Christine Davis Secretary Attorney in Fact (SEAL) Address: 7201 Bishop Road, #250 // Plano, TX 75024 Wi Hess as to Surety Telephone Number: 469-241-1488 NOTE: (1) Correct name of Principal (Contractor). (4) Correct name of Surety. (5) State of incorporation of Surety Telepbone number of surety must be stated. Tn addition,an original copy of Power.of Attorney shall be attanccd to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond No. 4355997 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That Advanced Paving Company("Contractor"), as principal, and sureTec' Insurance company a corporation organized under the laws of the State of Texas , ("Surety"), do,hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of Sevent-nine Thousand Nine Hunderd Thrityfive Dollars ($79,935.30), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 20 of February, 2007, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Eugene McCrae Community Center Parking Expansion the same being referred to herein and in said contract as the Work and being designated as project number(s) GR_ 76-541600-080206771930 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract_ This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF,this instrument is executed in 6 counterparts, each of which shall be deemed an original,this 20 day of February,AM 2007, ATTEST: Advanced Pav" Com (5 L) Contractor �S_ BY: Secretary Name:_ Title: _ r74:;�4(v2)LI ATTEST: SureTec Insurance company (S E A Q Surety - -.4 133yhqjdla Secretary Name:christine Davis Title: Attorney-in-Fact 7201 Bishop Road #250 Plano, TX 75024 Address SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ----------------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ----------------------------------------------------------------------------------------------------- Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 1 PO4 s; 4221097 SureTec Insurance Company -- LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Lisa M.Bonnot,Robbi Morales,Jerry P.Rose,Don E.Cornell,Chris J.Kutter,Luke J.Nolan,Jr.,Christine Davis of Dallas, Texas its true and lawful Attomey(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until June 30,2007 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e ojApril, 1999) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 20th day of June,A.D.2005. ter° RETEC INS CE COMPANY VPAM� , 5��� By: w w i sl Bill Kiang, re dint State of Texas ss: 7\yrt� County of Harris .. M1 ....• !--11 On this 20th day of June,A.D. 2005 before me personally came Bill King,to me known,who,being by me duly swom,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. M eheee Denny aft of Towill MY EON Michelle Denny,Notary Public August 27,2008 My commission expires August 27,2008 1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 20th day of February ,20 07 ,A.D. 2 M.Brent Beaty,Assistant Se re ry Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. CITY OF FORT WORTH,TEXAS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That this agreement,made and entered into this the 20th day of February,A.D. 2007,by and between the CITY OF FORT WORTH,a municipal corporation of Tarrant County,Texas,organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December,A.D. 1924,under the authority of the Constitution of Texas,and in accordance with a resolution duly passed at a regular meeting of the City Council of said City,and the City of Fort Worth being hereafter termed Owner,and Advanced Paving Company,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: Eugene McCray Community Center Parking Expansion 2. That the work herein contemplated shall consist of furnishing all labor,tools,appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications heretofore prepared by the Parks and Community Services Department of the City of Fort Worth and adopted by the City Council of said City, as an independent contractor,and which plans and specifications are incorporated herein by reference. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10)days after being notified in writing to do so by the Department of Engineering Director of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering Director of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 45 working days from the time of commencing said work;that said Contractor shall be entitled to an extension of said time for doing said work for such time as he may necessarily lose or be delayed by unavoidable accidents caused by unforeseen matters over which said Contractor has no control,such as inclemency in the weather,acts of Providence,labor strikes and delivery of materials,in all of which cases the negligence or carelessness of the ti Contractor is not contributing to such delay. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said specifications,then the City shall have the right to take charge of and complete the work in such a manner as it may deem proper,and if,in the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof,the Contractor shall pay said City on demand in writing,setting forth and specifying an itemized statement of the total cost thereof,said excess cost. 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 iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner,its officers,servants or employees. 4 In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment,final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved,or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may,if he deems it appropriate,refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees,on the execution of this Contract,and before beginning work,to make,execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the contract, including the exhibit attached hereto and made a part hereof and such bonds shall be 100 percent of the total contract price,and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay,and the said Contractor agrees to receive,for all of the aforesaid work,and for all additions thereto or deductions therefrom,the price shown on the proposal submitted by the successful bidder hereto attached and made a part hereof. 9. It is further agreed that the performance of this Contract,either in whole or in part,shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Department of Engineering Director of said City of Fort Worth. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth,Texas,a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF,the City of Fort Worth has caused this instrument to be signed in triplicate in its name and on its behalf by the City Manager and attested by its Secretary,with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in three counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the 20 day of February,A.D. 2007. M1 RECOMME ED BY: APPROVED BY: DEPARTMENT OF ENGINEERING P RK ANDCPMMLINITY SERVICES DIRECTOR IRECTOR CITY OF F T WORTH ATTEST: r By: CIVY MANAGER CIT6 SECRETARY Advanced Pavina dvany Contract AuthorizatioA NTRACTO Date By: SEAL �v TITL 2257 Joe Field Road Dallas TX 76229 ADDRESS APPROVED FORM LEG ITY � A;r>Xr CITY ATTORNEY November 1960 Revised November 1982 ' Revised May 1986 Revised October 1989