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Contract 38351
RETAR ;T N0, 1 55 V SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ra cm FOIL .. g'w RA m CONTRACms 901 "m ..ant ucmww ��CRY MAmEn OF= .�._.....wowimoom HMAC SURFACE OVERLAY (2009-2) CDBG PROWL r AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO. 01224 TPW PROJECT NO. C293-541200-203620122483 2009 MIKE MONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER GREG SIMMONS, P.E., ACTING DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT GEORGE A. BEHMANESH, P.E., ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT INFRASTRUCTURE GROUP OF /oeeeseee000aeeoeeeo�e a� ye RPD1i � NUSRALLAH pe e o �e e e e o e o o e o o se e o a 88823 0 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Fad H COUNCIL ACTION: Approved on 2/24/2009 DATE: 2/24/2009 REFERENCE NO.: C-23362 LOG NAME: 20CDBG/HMAC 2009- 2 CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Contract with Dirtco, d/b/a Styles Contracting, in the Amount of $732,001.60 for Hot Mix Asphalt Concrete Surface Overlay 2009-2, Community Development Block Grant Project at Various Locations -1-mm RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Dirtco, d/b/a Styles Contracting, in the amount of $732,001.60 for 110 working days for Hot Mix Asphalt Concrete Surface Overlay 2009-2, Community Development Block Grant Project at various locations. DISCUSSION: On January 6, 2009, (M&C G-16416) City Council authorized the City Manager to approve a change in use and the expenditure of Community Development Block Grant (CDBG) Year 2000, 2004, 2005, 2006, 2007, and 2008, allocation to provide funding for the Hot Mix Asphalt Concrete (HMAC) Surface Overlay of streets and necessary replacement or improvements of related infrastructure in the amount of $1,679,104.19. These funds will be used for removal and replacement of existing curb, gutter, driveways and existing base repair with a new surface layer of HMAC. The City also reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project was advertised for bid in the Fort Worth Star -Telegram on December 4, December 11, December 12, and December 18, 2008. On January 15, 2009, the following bids were received: BIDDERS AMOUNT Dirtco, d/b/a Styles Contracting $732,001.60 JLB Contracting, LLC $757,394.40 Austin Bridge and Road, L.P. $815,930.00 PAEE Corporation $850,685.00 Advanced Paving Co. $885,386.00 — JRJ Paving L.P. $894,259.77 HCE Construction, Inc. $907,410.00 P and E Contractors, Inc. $915,805.50 Peachtree Construction, Ltd. $922,510.00 Lindsey Contractors, Inc. $1,289,994.87 Dirtco, d/b/a Styles Contracting, is in compliance with the City's M/WBE Ordinance by committing to 18 percent M/WBE participation. The City's goal on this project is 18 percent. http://apps.cfwnet.org/council_packet/mc—review.asp?ID-- 11171 &councildate=2/24/2009 3/2/2009 M&C Review Page 2 of 2 There projects are located in COUNCIL DISTRICTS 3, 5, 7, 8 and 9. FISCAL INFORMATION/CERTIFICATION: - The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Grants Fund and the Contract Street Maintenance Fund. TO Fuld/Account/Centers FROM Fund/AccountlCenters C293 541200 203620122483 $1,282.81 GR76 541200 020206929960 $342,676.79 GR76 541200 020206132930 $39,644.70 GR76 541200 0202061.80960 $348,397.30 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Veskest (8255) Additional Information Contact: George Behmanesh (7914) r ATTACHMENTS 20CDBG HMAC 2009-2 MAP PAGE 01.pdf 20CDBG HMAC 2009-2_MAP PAGE 02.pdf Mt 20CDBG HMAC 2009-2 MAP PAGE 03.pdf 0 of 0 r] http://apps.cfwnet.org/council_packet/mc review.asp?ID=11171&councildate=2/24/2009 3/2/2009 :`%•..ti `tiC ��` '"-"�l..fq�p�;.r I(,'r' A-':�' SL(.irs' -f.PT axu.Vr- � ,fit ,�,�,. 1�Aw•a�Mi ��,.i• �(. /r �I ,.. �,.+�-rfi'.Ifl:,�. i �Ti t vita • »_.�.':S's+' •.ur sa'tia�+lbc..+�i- __ - �t'I �� r� � - .�y� �'i5+ +��,r,..- •� � -i a ,... - - *- ; � + `+irE{ii` -"�T� , _ -'�=i. 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MR bAKt:K b I x :i re tu 7 7 a a tj .31 gL it z4, aa it '11'1,1 JW L , RUTLAND AVE V it li�� �...� t�_t•-1:�:If3N6`p-m`la�g f'�..�.�14�+�{! :u� E -..�7 t�t .i�j �—'Lg�_} �IE �.1 ' IBM DISTRICT 9 lam, FLINT ST W MALTA AVE:,, q1 Klw� pjp1- L:-: y1ft 1 4, DISTRICT 9 rks, MARTIN LYDON AVE STANLEY AVE AIN T QN— I . I , - J, , Iaan WA" N, IRM L LU 'Pl ies m 11. errpy IME rreOxam�u1�} FOR aL al�14, ;EEL. am 4;Affiw,l� 4A mt� MR T, T. I I . I ;, k _T ,". 1_EmZW j Ya -A '111H �'Nll ll.AbM k WES Zia 1!11 F;;g Ulp, 4 RJTjP,, 6160 W5 rr _;fta L2 L 47 F11 ff V17 % T, f iW f _;tj ni Q - NA . -Yt: t - 1 Au " ?A '> a �;�,'��' N • I 3 :7.4 •�//J�{) i �'.'r .� 1145".r' 7't, c, Ir A SPECIFICATIONS AND CONTRACT DOCUMENTS FOR HMAC SURFACE OVERLAY (2009-2) CDBG PROJECT AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO. 01224 TPW PROJECT NO. C293-541200-203620122483 v N A J I B ARES, P.E. DATE INFRASTRUCTURE MANAGER TRANSPORTATION AND PUBLIC WORKS DEPARTMENT DAVID TOWNSE , P.E. DATE ENGINEERING MANAGER WATER DEPARTMENT TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Prevailing Wage Rates 4. Davis -Bacon 5. Proposal 5. Vendor Compliance 6. Minority and Women Business Enterprise Specifications 7. Special Provisions 8. Item 360, Concrete Pavement (Modified Specification) 9. Contractor Compliance with Worker's Compensation Law 10. Certificate of Insurance 11. Equipment Schedule 12. Experience Record 13. Performance Bond 14. Payment Bond 15. Maintenance Bond 16. Contract 17. `Green' Cement Policy 18. Notice of Construction Detail 19. Project Designation Sign Detail 20. Other Details 21. Street Locations 22. Street by Street Paving Quantity Determination Spreadsheet Sealed Proposals for the following: HMAC SURFACE OVERLAY (2009-2) CDBG PROJECT AT VARIOUS LOCATIONS CITY PROJECT No. 01224 TPW PROJECT NO. C293-541200-203620122483 Submit package to City of Fort Worth, Purchasing Division, in the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas 76102 until 1:30 P.M., Thursday, January 15, 2009, and then publicly read aloud at 2:00 p.m., in the Council Chambers. As mandated by Fort Worth City Council Resolution 3535, all cement utilized for this project shall be procured from a kiln utilizing a dry kiln process or from any kiln that does not produce an excess of 1.71b of Oxides of Nitrogen (NO) emissions per ton of clinker produced. Bidder shall submit the `Green Cement Policy Compliance Statement' at the time of bid opening of the project. A copy of the Compliance Statement is included in the Contract Documents. Failure to comply with the `Green' Cement Policy shall be grounds for rejecting the bid as non -responsive. Specifications and Contract Documents for this project may be purchased for twenty dollars ($20) per set at the office of the Transportation and Public Works Department, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. These documents contain additional information for prospective bidders. A pre -bid conference will be held at 9:00 A.M. Wednesday, December 17, 2008, in the Transportation and Public Works Conference Room, 2nd Floor, Municipal Building, RM 270. The major work on the above -referenced project shall consist of the following: Paving Improvements: 4,000 L.F. Curb and Gutter Replacement 46,000 S.Y 8-Inch Pavement Pulverization 600 TON 8-Inch Pavement Pulverization 46,000 SY 2-Inch Surface Course Type "D" Mix Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. For additional information, please contact Riad Nusrallah, Street Program Manager at (817) 392-2729. DALE A. FISSELER CITY MANAGER Advertisina Dates: December 4, 2008 December 11, 2008 December 12, 2008 December 18, 2008 GREG SIMMONS, P.E., ACTING DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT B vJ it�1C�� Riad Nusrallah, P.E. Street Program Manager 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 UW 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 up 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 MW 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 the Transportation and Public Works Department at (817) 392- 2729. Bids that do not acknowledge all applicable addenda will be rejected as non- Mo MW SPECIAL INSTRUCTIONS TO BIDDERS -1- MW 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 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 requirements 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 Im 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. ,r B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. vim D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements .. of Texas Insurance Code, section 7.19-1. 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. 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 SPECIAL INSTRUCTIONS TO BIDDERS -2- .. the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City MW 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. .. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices. 8 WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: vo Compliance with and Enforcement of Prevailing Wage Laws .. A. Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. B. Penalty for Violation. MW A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for ,, each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code .. 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor .� or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and um SPECIAL INSTRUCTIONS TO BIDDERS -3- - r MW wages due under the prevailing wage rates, such amounts being subtra, successive progress payments pending a final determination of the violat D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration .. Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day _ after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the I Ith day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the MW construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract .. documents shall pertain to this inspection. F. Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with .. the requirements of Chapter 2258, Texas Government Code. Im G. Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. H. Subcontractor Compliance. .. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. I. (Wage rates are attached following the end this section.) 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Director of Transportation and Public Works Department for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be SPECIAL INSTRUCTIONS TO BIDDERS -4- 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 'W 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: No 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 10 coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract No 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. ow C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. MW 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 No 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 VW 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 SPECIAL INSTRUCTIONS TO BIDDERS -5- - .r recovery in favor of the City. VW I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. r. 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. w L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. 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 Government 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. •• "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. 1W 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. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the or Office of the City Secretary. .. SPECIAL INSTRUCTIONS TO BIDDERS -6- - ■. 1W The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort 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 Transportation and Public Works Department ("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 a brief explanation. • The Contractor shall provide the M/WBE Office proof of paw 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 1W 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. SPECIAL INSTRUCTIONS TO BIDDERS -7- - r LJ • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: wo 1. Immediately submit a Request for Approval of Change Form to the M/WBE VW 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 up Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor - City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. .. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or •� examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be .• grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. r 14. PROGRESS PAYMENTS FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less 5% retainage) from the city for each pay period. LJ SPECIAL INSTRUCTIONS TO BIDDERS -8- b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. .. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. TAO f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a pr-egr-ess payment in the amount that city deems due and payable. up g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as .. "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through October 31, with 6:00 a.m. - 10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot ,. atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality (TCEQ), in coordination with the •• National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been *o designated AIR POLLUTION WATCH DAYS and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. 1W However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than I -hour, or if equipment is new and certified by EPA as "Low .. Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. ow 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 AIR POLLUTION WATCH 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: SPECIAL INSTRUCTIONS TO BIDDERS -9- - VW A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in. 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing .,., companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or .. materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 20 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 IM 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. up SPECIAL INSTRUCTIONS TO BIDDERS -10- - 1W 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. up I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: ,W (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees .,. providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; M• (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. we (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 IM materially affects the provision of coverage of any person providing services on the project; and .. SPECIAL INSTRUCTIONS TO BIDDERS (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. �■� K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the F City. am "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' F Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 •• point normal type, and shall be in both English and Spanish and any other language k common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or .. providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive " Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate SPECIAL INSTRUCTIONS TO BIDDERS go -12- W against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan .. or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of ,. Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION MW 1W NOW W ,. SPECIAL INSTRUCTIONS TO BIDDERS -13- r City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/8/2008 DATE: Tuesday, July 08, 2008 LOG NAME: 30WAGE RATES REFERENCE NO.: **G-16190 SUBJECT: Adopt 2008 Prevailing Wage Rates for City -Awarded Public -Works Projects RECOMMENDATION: It is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City -awarded public works projects. DISCUSSION: Texas Government Code Chapter 2258 requires that a public body awarding a contract for public works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in that locality. Each year The Quoin Chapter of the Associated General Contractors, in conjunction with the Association of Builders and Contractors (ABC) and the American Sub -Contractors Association (ASA), conducts a wage rate survey for North Texas construction. The attached 2008 Prevailing Wage Rate data was compiled from that survey. FISCAL INFORMATION/CERTIFICATLON: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office -by-.- Fernando Costa (8476) Originating Department Head A. Douglas Rademaker (6157) Additional Information Contact: Eric Bundy (7598) no ON mo HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator $10.06 Asphalt Distributor Operator $13.99 Asphalt Paving Machine Operator $12.78 Asphalt Raker $11.01 Asphalt Shoveler $ 8.80 Batching Plant Weigher $14.15 Broom or Sweeper Operator $ 9.88 Bulldozer OperatOT $13.22 Carpenter $12.80 Concrete Finisher Paving $12.85 Concrete Finisher, Structures $13.27 Concrete Paving Curbing Machine Operator $12.00 Concrete Paving Finishing Machine Operator $13.63 Concrete Paving Joint Sealer Operator $12.50 Concrete paving Saw Operator $13.56 Concrete Paving Spreader Orator $14.50 Concrete Rubber $10.61 Crane, Clamshell, Backhoe Derrick, Dragline, Shovel Operator $14.12 Electrician $18.12 Fl er $ 8.43 Form Builder/Setter, Structures $11.63 Form Setter, Paving & Curb $11.83 Foundation Drill Operator, Crawler Mounted $13.67 Foundation Drill Operator, Truck Mounted $16.30 Front End Loader Operator $12.62 Laborer, Common $ 9.18 Laborer, Utility $10.65 Mechanic $16.97 Milling Machine Operator, Fine Grade $11.83 Mixer Operator $11.58 Motor Grader Operator, Fine Grade $15.20 Motor Grader Operator Rough $14.50 Oiler $14.98 Painter, Structures $13.17 Pavement Marking Machine Operator $10.04 Pi la er $11.04 Reinforcing Steel Setter, Paving $14.86 Reinforcing Steel Setter, Structure $16.29 Roller Operator, Pneumatic, Self -Propelled $11.07 Roller Operator, Steel Wheel, Flat Wheel/TampingWheel/Tamping $10.92 Roller Operator, Steel Wheel, Plant Mix Pavement $11.28 Scraper Operator $11.42 Servicer $12.32 Slip Form Machine Operator $12.33 Spreader Box Operator $10.92 Tractor Operator, Crawler Type $12.60 Tractor Operator, Pneumatic $12.91 Traveling Mixer Operator $12.03 Truck Driver Lowboy -Moat $14.93 Truck Driver Single Axle, Heavy $11.47 Truck Driver Single Axle, Light $10.91 Truck Driver, Tandem Axle, Semi -Trailer $11.75 Truck Driver, Transit -Mix $12.08 Wagon Drill Boring Machine, Post Hole Driller Operator $14.00 Welder $13.57 Work Zone Barricade Servicer $10.09 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY i i i F-A Classification AC Mechanic Hi ly Rate Classification Hrly'Rate $21.69 Plumber $20.43 AC Mechanic Helper $12.00 Plumber Helper $14.90 Acoustical Ceiling Mechanic $15.24 Reinforcing Steel Setter $10,00 Brickta /Stone Mason $19.12 Roofer $14.00 Bricklayer/ Stone Mason Helper $10.10 Roofer Helper $10.00 Carpenter $16.23 Sheet Metal Worker $16.96 Carpenter Helper $11.91 Sheet Metal Worker Helper $12.31 Concrete Finisher $13.49 Sprinkler S tem Installer $18.00 Concrete Form Builder $13.12 Sprinkler System Installer Helper $9.00 Drywall Mechanic $14.62 Steel Worker Structural $17.43 Drywall Helper $10.91 Concrete Pump $20.50 Drywall Taper $13.00 Crane, Clamsheet, Backhoe, Derrick, Mine Shovel $17.76 Drywall Taper Helper $9.00 Forklift $12.63 Electrician (Journeyman) $20.20 Front End Loader $10.50 Electrician Helper $14.43 Truck Driver $14.91 Electronic Technician $19.86 Welder $16.06 Electronic Technician Helper $12.00 Welder Helper $9.75 Floor Layer (Resilient) $20.00 Floor Layer Helper $13.00 Glazier $18.00 Glazier Helper $13.00 Insulator $14.78 Insulator Helper $11.25 Laborer Common $10.27 Laborer Skilled $13.18 Lather $16.10 Painter $14.83 Painter Helper $8.00 Pi efitter $18.85 Pf efitter Helper $12.83 Plasterer $17,25 Plasterer Helper $12.25 City of Fort Worth, Community Development Block Grant Funded Construction Projects (Davis -Bacon Applicable) TO: ALL CONTRACTORS, SUB -CONTRACTORS, AND PAIROLI. CLERKS ETC. FROM: SHERRY j0FIN SON, CONTRACT COMPLIANCE SPECIALIST RE: PAYROLL PROCEDURES 1. Payrolls are to be submitted, in original o*, to the Contract Compliance Specialist, Finance Department 1000 'rhrockmorton, 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 Slar6 Lefler, a certicate from Contractor/Subcontractor appointed o(jicer or employee to .rrrpenare payment of'employees, a certificate regardirCg ,grra1 Employment Upporlrrnily, a Lubor.S'landair(r and 1'rerviling Wirge Requirements Certi iralion, and llie — .�1 j)irmalir�e .!Ir7ion ,lgreemenl. 4. Pavrolls 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 G. Whenever a Subcontractor is absent from the job during a complete pay period, he/she shall submit "No Work" payroll on the WFI-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 are F.I.C:.A. and Withholding Tax. 'rhe Payroll Deduction Authorization Form, signed by the employee authorizing these deductions, shall accompany all other deductions shown. This form only needs to be submitted once if there will be no new deductions. h. Total actual wages paid. If the employee or employees work more than one trade during any given period, it should be shown on the payroll and accompanied by an Employee's Statement of Work Verification signed ` by the employee, showing that he/she did work the various hours on the payroll in the various trades. Note: Only the wage rales provided by the Department oj*L.alior are Nsed %r this pry ert. The contract mull be rimed wllhin 90 days of -the bid opening or the bidding process /or the pmjea mrm-1 start again or the Contractor may choose to accept a wage modifications i/one is reqrrired. ! you have any grreslions, please contract me at (817) 392-7333. Than, you, Sherry Johnson i _ FORT WORTH .m fw 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 (817) 392-7563 • FAX (817) 392-8383 CONTRACT MANAGEMENT DIVISION PUBLIC FACILITIES AND IMPROVEMENTS CDBG CONSTRUCTION GUIDELINES The use of Community Development Block Grant (CDBG) funds in whole or part for construction of a public building must follow the federal regulations for CDBG. PRE -CONSTRUCTION STAGE A. Clearance and Wage Rates (Contract Management Division, CMD) 1. Obtain Environmental Review from City Housing Department or City Planning Department to determine if flood plain, effect on community, etc. 2. Obtain Qualified Service Area documentation from City Planning Department to determine at least 5 1 % of residents in service area of building are low and moderate -income persons. �. 3. Contract Compliance Specialist will request wage determination from HUD to meet Davis -Bacon Act (Description of work needed from project manager) 4. Provide cost estimate and source of funds for construction. 5. Project Manager from City Department will notify CMD when project design is completed. 6. At least ten days before the bid opening, CMD will verify wage rates and notify the appropriate project manager if there is possibly a modification. B. Bid Process 1. Bid Document needs to include: The Contractor's Packet • Wage rates required by Davis -Bacon Act and predetermined by Department of Labor per job classification. In the case of contracts entered into pursuant to competitive bidding procedures bid opening locks in wage decision. The contract must be signed within 90 days after the bid opening, if not signed within that period a new decision will go into effect, if the Contractor does not agree to the new decision the bidding process must start over. • HUD contract requirements • Specifications of construction work • Project sign design with CDBG identified as a funding source to be posted in front of building being constructed. 2. Pre -bid conference may be held to address potential contractor questions, if so, it must be stated in the bid advertisement and provide place and time. 3. Bid advertisement needs to state time and place bids will be opened. 4. Request for bids must be advertised 2 consecutive weeks — at least one week in newspaper of general circulation. Contract Management Division Last revised November 2007 5. Project monitor to attend bid opening C. Contract between Contractor and City of Fort Worth to 1-5 deal mostly with housing projects) I . A written contract with the City will be completed prior to the disbursement of money. The contract will remain in effect during any period that the agency has control over CDBG funds. 2. A lien will be placed on property over a period to be determined by the City (minimum of 5 years after expiration of the contract). 3. If during the lien period the facility ceases to meet a CDBG national objective or eligible activity, the City must be reimbursed at Fair Market Value of the building, less any portion of the value attributable to the expenditure of non -building, less any portion of the value attributable to the expenditure of non-CDBG funds for acquiring of, or improvement to, the property. 4. Contractor selected must obtain liability and workers compensation insurance. 5. Contractor selected must obtain performance bond. CONSTRUCTION STAGE A. Pre -Construction conference l . Contractor is responsible for sub -contractor compliance with HUD regulations. 2. Must be held to review federal requirements and submission of payroll documentation on a weekly basis to CMD. 3. Building must provide handicap accessibility (wheelchair ramps, elevators and bathrooms). 4. Monitoring site -visits and wage interviews will be conducted by project monitor. 5. Project monitor must ensure that contractor has not been debarred before the start of work. 6. Contractor Information and Section 3 attachments must be sent to monitor with seven days after being received. B. Construction Submit Start of Work Notice 2. Submit Section 3 Attachments 3. Workers must be paid weekly 4. Submit weekly certified payrolls (number payrolls) 5. Post Wage decision, EEO, Department of labor wage info. C. End of Construction I . Submit End of Work Form Contract Management Division Last revised November 2007 2. Retain all information related to project for five years Project Closeout 1. Audit by City staff This outline represents the requirements for construction or rehabilitation projects. We look forward to working closely with you to facilitate the implementation of these requirements for federally funded construction projects. r Please feel free to call us at any time, Sherry Johnson (817) 392-7333 HOUSING DEPARTMENT, CONTRACT MANAGEMENT DIVISION r Contract Management Division 3 Last revised November 2007 DUH PRIME REQUIRED FORM ��HOCOM111.1%F(:S il itIt\-I10{ I S I j B M I F I*O: l� U R iti•1 I t ►: The prime contractor Be_inning the first %%Qck PRIME CON FRAC'T should review ea. your company- works on a COINIPLIANCL Payroll Forms Subcontractor's payroll project and for every week Monitor You are not required to use reports for compliance afterward until your firm Payroll Form WH-347. You prior to submitting the has completed kted its work. p may use any other type of payroll, such as computerized tiI reports to IAG. Number the payroll reports formats, as long as it has all of beginning with F I Initial the information that is required and clearly mark your last on the WFI-347, payroll "Final." U.S. Department of Labor CONTRACTOR AND SUBCONTRACTORS Attach to the weekly payroll with original signature PRIME CONTRACT COMPLIANCE Statement of Compliance Form Monitor CONTRACTOR AND Required when employee is PRIME CO>NTRACI* SUBCONTRACTORS used in more than one COMPLIANCE classification, and specify klonitor Employees Statement of difl*erent rater of,pay during Work Verification Form any payroll perio d FAMPLOYEES MUST Only one employee PRIME CONTRACT AUTIH)RILE ALL authorization is needed for COMPLIANCE DEDUCTIONS recurring deductions. This Monitor 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 CONTRACT Community Block Grant COMPLIANCE Input Subcontractor's Monitor Certification Concerning Labor Standards and Prevailing Wage Requirements Form NOTICE TO ALL CONTRACTOR. Post on site at the start of POST POriT EMPLOYEES ML!ST 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 constntction U.S. Department of Labor Poster CONTRACTOR Post on site at the start of PO)S-F POST' Project Designation Si n MIST' POST construction YSO___ _QK _QRWARD_L_`.FQRNS TQ THE HI(_2.USINGCONTRACT MANAGEMENT DMISION .. City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects Table of Contents PAGE Pre -Construction Conference Minutes/Special Instructions to Bidders on Federally FundedProjects.......................................................................................... 2-5 II. Contractor / Sub Information Forms.................................................................. 6-7 Ill. Start of Construction Form............................................................................. 8 1V. 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 Vl. Statement of Policy on Equal Employment Opportunity Form.....................................24 r Vll. 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 Vill. 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 l . 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 ........................................................................................................... 51Z5 *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 = o Project Designation Sign if City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects 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 TX20030045. The wage decision must be posted at the construction site along with required posters for the duration of construction activity. Any classification needed, which does not appear on the wage decision, must be requested and approved by the U.S. Department of Labor prior to the use of that classification on the project. In instances where the owner of a company performs work on the project, that owner must show himself/ herself on the payroll and must show the hours worked each day and total hours for the week. All persons who perform work on the project must be shown on the payroll. The address and social security number for each employee must be included the first time that employee appears on the payroll and any time their address change. Apprentices may be employed on the project; however, 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 prescribed hourly rate for the particular work classification. City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects Dual work classifications within the same payroll period are acceptable provided that a signed verification of the dual work classification is furnished from the employee. When dual work 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 classification of "helper" is unacceptable. Employees must be classified and paid based on the work they perform, e.g., if a person performs the duties of or uses the. tools of a plumber, that person must be classified as a plumber, not as a plumber's helper (the plumber classification is used there as an example only). The general contractor will be required to certify that all laborers and mechanics employed on the project (including those employed by subcontractors) have been paid hourly rates as prescribed by the applicable laws. 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 fulfillment of these obligations Contact Persons: City of Fort Worth Contract Management Division Sherry Johnson (817) 392-7333 or 1000 Throckmorton Street Fort Worth, Texas 76102 MW City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects CONTRACTOR INFORMATION PROJECT: Su4-f `ce- O►r+ dn3e o2,m09-aZ = 1. Contractor: L- 4> WFI S?Y/G3 «nA 2. Address: S6 A-5 �q� �--n' /QO - 3. City: %filler 4. Telephone: $17 —379 -3 zo0 Fax: &-17— 3 7 9— 5. Federal I.D. #: ap- / 8? 5/6 3 7 6. Officers of the Corporation: President: 6CLtX ' w—r--s Vice President: nle-r- Dupre Secretary:rt�-1 �'„grr•e's Treasurer: Df66/G ,..S�AC°S 7. If sole owner or partnership, list owner (s): Date RacialiEithnic Ownership: I - White American 2 - Black American 3 - Native American 4 - Hispanic American 5 - Asian/Pacific American 6 - Hasidic Jew I certify at the time of execution, hereof, neither my company nor my co orate officers (if incorporated) are listed in the list of Debarred, Suspended, and Ineligible Contractors maintainedrpy the Department of Housing and Urban Development (HUD). Signature City of Fort Worth Community Development Block Grant (CDBG) Funded w Construction Projects SUBCONTRACTOR INFORMATION (To be completed by contractor) Date: PROJECT: f ,,w,c. .SurAce- Dmerlav 40&f-A 1. Subcontractor: M 5 Ll 2nGittSfiri,e-ST{ LZ G 2. Contract Amount: /0202, ) a 3. Address: Q 51 sc , 5 'y7 Ile 3. City: F+'. lily 4. Telephone: i7- 4'o2y ©76a Fax: �/7"9W-Y-- 7bL;L3.;2t 5. Federal I.D. ts: Racial/Ethnic Ownership: 1 - White American 2 - Black American 3 - Native American 4 - Hispanic American 5 - Asian/Pacific American 6 - Hasidic Jew 7 .o City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects START OF CONSTRUCTION Date: Project Name: t}rr►ClL Su r-f r Ov,Gr_ rjY + 4-g ©O f " 0:2 Project Location: Sri out Project Number: 0'-a.. y U.S. Department of Labor Wage Decision: This is to inform you that the: go (Name of of 5"T&-w +. RD. S+ //20 .�[eA;i 17 , (Address) '/ (City/Town) ~ __-225 — , —AZ , has started work on the above referenced project covered by our (State) ("Lip) contract with you, as ( Date) Respectfully yours, (Name of Company) �— By (Signature) 11�� (Title) City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects 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) M (Signature) (Title) 9 City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects FORT WORTH *Ir City of Fort Worth HOUSING DEPARTMENT (Contract Management Division) Affirmative Action Plan Under Section 3 of The Housing and Urban Development Act of 1968 Revised 11/2007 10 do ` City of Fort Worth 9,-;ative Action Plan Table of Contents Part 1: Purpose and Background Information Page I. Summary Explanation and Purpose........................................................................... 12 _ 2. Geographical Applicability ..................................................................................12-13 3. Applicability to Businesses.......................................................................................13 4. Applicability to Individuals....................................................................................... 13 Part I1: Selection of Subcontractors and Vendors................................................................................ 14 1. Procedures......................................................................................................14 2. Sources for Locating Section 3 Covered Businesses.................................................14 3. Required Contract Clauses...................................................................................14-15 Part Ill: Hiring Trainees and Employees...............................................................................................15 1. Procedures.................................................................................................15-16 2. Good Faith Efforts.....................................................................................................16 ~ Part IV: 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 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 --------------------------------------------------- PART I: PURPOSE AND BACKGROUND INFORMATION 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 Worth's 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. 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, l 003/2, 1003/3, 1003/4, 1003/5, 1003/6, 1004/ 1, 1004/2, 1004/3, 1004/4, 1004/5, 1004/6, 1005.01 / 1, 1005.01 /2, 1005.01 /3, 1005.01 /4, 1005.01 /5, 1005.01 /6, 1005.02/ 1, 1005.02/2, 1005.02/3, 1005.02/4, 1005.02/6, 1005.02.7, 1006,02/2, 1006.02/3, 1007i l , 1007/2, 1007/3, 1007/5, 1008/ 1, 1008/2, 1008!3, 1008/4, 1008/5, 1009/ 1, 1009/2, 1009/3, 1010/ 1, 1010/2, 101 1 / 1, 101 1 /2, 101 1 /3, 1011 /4, 1012,01 / I , 1012.01 /2, 1012.02/2, 1012.02/3 1012.02/4, 1012.02/5, 1012.02/6, 1013.01!4, 1013.02/2, 1013.02/3, 1013.02/4, 1014.02/1, 1014.02/2, 1014.02/3, 1014.02/4, 1014.03/2, 1014.03/3, 1014.03/4, 1014.03/5, 1014.03/6, 1014.03/7, 1015/2, 1015/3, 1015/5, 1016/I, 1016/2, 1017/1, 1017/2, 1017/3, 1018/1, 1018/2, 1020/1, 1020/2, 1021, 6, 1021/7, 1023.01/1, 1023.01/2, 1023.01 /3, 1023.01 /4, 1023.02/4, 1023,02,15, 1024.01 /4, 1024.01 /5, 1024.01 /6, 1025/ 1, 1025/2, 1025/3, 1025/4, .,� 1025/5, 1025/6, 1026/4, 1026/6, 1026/7, 1026/8 1027/ 1, 1027/2, 1028/ 1, 1029/ 1, 1029/2, 1029/3, 1030/ 1, 1030/2, 1030/3, 1031/1, 1032/1, 1033/1, 1033/2, 1033/3, 1033/4, 1034/1, 1034/2, 1034/3, 1035/1, 1035/2, 1035/3, 1035/4, 1035/5, 1035/6, 1035/7, 1036.01/1, 1036.01/2, 1036.01/3, 1036.01/4, 1036.02/2, 1037.01/1, 1037.01/2, 1037.01/3, 1037.01/4, 1037.02/1, 1037.02/2, 1037,02/3, 1038/1, 1038/2, 1038/3, 1038/4, 1038/5, 1038/6, 1039/ 1, 1039/2, 1039 /3, 1040/ 1, 1040/2, 1040/3, 1041 / 1, 1041 /2, 1041 /3, 1041 /4, 1041 /5, 1041 /6, 1042.02/5, 1043/2, 1043/3, 1043/4, 1043!5, 1044/1, 1044/3, 1044/4, 1044/7, 1045.01,1, 1045.01/2, 1045,01/3, 1045.01 /4, 1045.01 /5, 1045.01 /6, 1045.01 / 7, 1045.01 /8, 1045.02/ 1, 1045.02/2, 1045.02/3, 1045,0311, 12 i City of Fort Worth Affirmative Action 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, 10472, 1047/3, 1047/4, 1047/5, 1047/6 1048.01 / 1, 1048.01 /2, 1048.01 /3, 1048.01 /4, 1048.01 /5, 1048.01 /6, 1048.01 /7, 1048.01 /8, 1048,02/ 1, 1048.02/2, 1048.02/3, 1048.02/4, 1050.01 / 1, 1050.01 /2, 1050.01 /3, 1050,01 /4, 1050.01/5, 1050.05/2, 1050.06/1, 1050.06/2, 1051/5, 1052,01/1, 1052.01/2, 1052.01/4. 1052.02/1, 1052.02/2, 1053/1, 1055.02/1, 1055.02/8, 1055.05/1, 1056/2, 1057.03/3, 1058/1, 1058/2, 1058/5, 1059/2, 1059/3, 1059/5, 1060.01 / 1, 1060.02/ 1, 1060.04/2, 1061.01 /2, 1061.02/, 1061.02/2, 1062.01 / 1, 1062.01 /2, 1062.01 /3, 1062.01 /4, 1062.02/ 1, 1062.02/2, 1062.02/3, 1062.02/4, 1063/2, 1063/3, 1064/ 1, 1064/2, 1065.03/3, 1065.06/2, .1065/06/3, 1065.06/4, 1065.08/2, 1065,08/4, 1065.09/ 1, 1065,10/4, 1065 / I 1 /4, 1065,12/2, 1066/ 1, 1105/4, 1110.07/4, 1 1 13/01 /2, 1 135.06/7,1 141,01 /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. 13 City of Fort Worth .4frmative Action Plan - Procedures All contractors will provide a completed copy of Attachment D, "Statement of Release", prior to signing any contract for a project using CDBG monies. Each Contractor selected will be bound by Section 3 requirements, including the submission of all relevant documentation required by this plan. Contractors will be held responsible for the Section 3 activities of their subcontractors. When competitive bids are solicited, the contractor will notify bidders of Section 3 requirements. Each contractor will make a good faith effort to issue invitations to bid to Section 3 covered businesses and to use local and minority media to advertise contractual opportunities. 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. 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. 3 Lists of Section 3 covered businesses area also available from the Fort Worth Regional HUD Office, the Small Business Administration and other similar agencies. Any business wishing to qualify as a Section 3 covered business will be given the opportunity to file a Self -Certification form (Attachment B) with the M/ WBE office and all CDBG contractors are encouraged to seek the assistance of that office, should any question arise. CMD will notify the Minority/ Women Business Enterprise office of its pending contractual activities so that Section 3 covered businesses may be notified. 3. Rec uimd Ccmtract_Cltiuses: CFR 24 § 135.38 In the event a CDBG Contractor wishes to subcontract, any portion of a project utilizing CDBG monies, the written prior approval of CMD must be obtained. Furthermore, the following paragraphs must be included in each subcontract: 14 .r City of Fort Worth 41ITi-,malive Action Plan A, The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties of this Contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that - they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations, C. The Contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for �+ training and employment positions can see the notice. The notice shall describe the section preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the anticipated date the work shall begin. '+ D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The Contractor will certify that any vacant employment positions, including the training positions, that are filled ( I) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) _ also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (I) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian - owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). PART III: HIRING TRAINEES AND EMPLOYEES - I . 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. 15 City of Fort Worth AffirmativeAction 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 suchoals 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. 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 ------------------------------------------------ - - - - - - PART IV: COMPLIANCE AIVD CONSE UENCES ' ow employment positions with the project. I . Monitoringof f 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 thetas. If this informal persuasion should fail CMD may request that sanctions (as specified below) be applied. 16 City of Fort Worth AJ�rrnative Action Plan r 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 may be filed. The grievance should be in writing and include: (1) the name and address of the grievant; (2) the name and address of the grievant business, if applicable; (2) the name and address of the City, Contractor, or Subcontractor (hereafter called "respondent"); (4) a description of the acts or omissions giving rise to the grievance; and (5) the corrective action sought. The grievance should be signed by the grievant and mailed to Program Operations Division, Department of Housing and Urban Development, Fort Worth Regional Office, PO Box 2905, Fort Worth, Texas, 761 13-2905; or Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development, Washington, DC 20410. A grievance must be filed no later than ninety (90) days from the date of the action (or omission) upon which it is based. The time for filing may be extended by the Secretary of Housing and Urban Development, if good cause is shown. Upon receipt of a grievance by the Secretary, a copy of it will be furnished to the respondent. The Secretary will conduct an investigation and will give written notice to both the grievant and respondent as to the decision reached. The grievance may be dismissed or sanctions may be applied, as appropriate. 3. Sanctions: Failure or refusal to comply with or give satisfactory assurances of future compliance with the requirements of Section 3 shall be the proper basis for applying sanctions, Any or all of the following actions may be taken, as appropriate: cancellation, termination, or suspension in whole or in part of the contract or agreement; determination of ineligibility or debarment from any further assistance or contracts under this program until satisfactory assurance of future compliance has been received; referral to the Department of Justice for appropriate legal proceedings. 17 City or Fort Worth Afrmative Action Plan Minority/ Women Business Enterprise It is the policy of the City of Fort Worth to involve Minority/ Women Business Enterprises in all phases of its procurement practices and to provide them equal opportunities to compete for contracts for construction, professional services, purchases of equipment and supplies, and provision of other services required by the City. The City operates the Minority/ Women Business Enterprise (M/WBE) office to assist in the location and certification of Section 3 covered businesses. A list of M/WBE businesses that have been certified by the City of Fort Worth will be provided to you upon request. If you need to secure services or supplies, please contact the City's M/WBE office: CITY OF FORT WORTH M/WBE OFFICE 1000 THROCKMORTON FORT WORTH, TX 76102 (817)392-6104 18 City of Fort Worth Affirmative Action Plan SECTION 3 ATTACHMENTS Please Complete and Return Within Seven (7) Days 19 City of Fort Worth ative Action Plan ATTACHMENT B SELF -CERTIFICATION FORM SOCIALLY OR ECONOMICALLY DISADVANTAGED Business/Agency Name: Address: Zip Code: _^ i y I am a member of the following minority group: (Circle One) Black American Indian/ Asian/ Spanish- Other (Specify) Alaskan Native Pacific Islander Surnamed 1 own at least 51 percent of the above business: Date: Signature: Title: No SELF -CERTIFICATION FORM NON-PROFIT ORGANIZATION This organization is a non-profit organization. BusinessiAgency Name: Address: Zip Code: Date: Signature: r Title: 20 rt .r .r City of Fort Worth Affirmative Action Plan ATTACHMENT D Statement of Release I will not subcontract any work in connection with this project unless I first receive the prior written approval of the Housing Department, Contract Management Division of the City of Fort Worth, Business/Agency Name: Dlfka 1713A S7X,-&3 Type of Business/Organization: V a rfners UP Address: S5(o 25 CA 4 ";—�c7. //.Z O (Street) (City) (State) (Zip) Signature: ___�.-----_--------____-- Title: 0&24ex 21 City of Fort Worth Affirmative Action Plan ATTACHMENT E PRELIMINARY STATEMENT WORK FORCE NEEDS Contractor's Name: Address: Date: Employment Classification OCCUPIED PERMANENT POSITIONS VACANT POSITIONS** *Minority - Black - Spanish-American - American Indian/ Alaskan Native TOTAL MINORITY* TOTAL MINORITY* CONSTRUCTION: Male Female Male Female Male Female Male Female Foremen Journeymen - Asian/Pacific Islander **Show Section 3 goals for lower income, Apprentices Laborers Total lines. GRAND TOTAL SUBMITTED BY: TITLE: 22 City of Fort Worth Affirmative Action Plan 23 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. 11 ilez> 186 S7Y4t3 4A4*&4�!b el Company Name S7 nature 24 Wo EFFECTIVE APRIL 1, 1990 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT REQUIREMENTS Contractor agrees to comply with the requirements of the Housing and Urban Development Act of 1968, as amended, and with the regulations promulgated thereunder. Specifically, Contractor shall comply with the following Acts and Orders and their regulations: I. EXECUTIVE ORDER 11246, EQUAL OPPORTUNITY CLAUSE; SECTION_202 During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and with the rules, regulations and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department of Housing and Urban Development ("the Department") and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further 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. The Contractor and each subcontractor shall permit access during normal business hours to its premises for the purpose of conducting on -site compliance reviews and for inspecting and copying such books, records, accounts and other material as may be pertinent to compliance with the Order and the rules and regulations promulgated pursuant thereto by the City. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purposes of the Order and the Act. 2. AFFIRMATIVE ACTION ACTS a. In performance of all contracts, the Contractor will comply with the Affirmative Action Guidelines of Executive Order 11246 and the 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. 1701 u, 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. 1701 u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment are given to lower income residents of the project area and contracts for work in connection with the project are awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in .. violation of regulations issued by the Secretary of Housing and Urban Development as set forth in 24 CFR 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the Federal financial assistance provided to the project, binding 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 .r 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-theljob 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 Wo 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. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, lay-off, aw 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 aw construction work at any job site. A written record shall be made and maintained identifying the name and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (8) Disseminate the Contractor's EEO policy externally by including highlights of it in any advertising in the news media, specifically including minority and female news media, and providing written notification to, and discussing the Contractor's EEO policy with, other contractors and subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after -school, summer and vacation employment to minority and female youths, both on the site and in other area of the Contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR, Part 60-3. (12) Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (13) Ensure that seniority practices, job classifications, work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment - related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non -segregated except as separate or single - user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 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. d. The Contractor shall designate a responsible official to monitor all employment -related activities to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the City and to keep records of the same. Records for each employee shall at least include: the employee's name; address; telephone number; construction trade; union affiliation, if any; employee identification number where assigned; social security number; race; sex, status; dates of changes in status; hours worked per week in the indicated trade; rate of pay; and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractor shall not be required to maintain separate records. 3. COPELAND ANTI -KICKBACK ACT In any contract involving construction or repair, Contractor agrees to comply, and shall require its subcontractors to comply, with the provisions of the Copeland "Anti -Kickback Act" (18 U.S.C. 874), as supplemented in Department of Labor regulations (29 CFR Part 3). This Act provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise 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 bonafde fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Paragraph d of this clause; also, regular contributions made or costs incurred for more than a weekly period under plans, funds or program which occur the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classifications of work actually performed without regard to skill, except as provided in the clause entitled "Apprentices and Trainees." Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifi- cations and wage rates conformed under Paragraph b of this clause) and the Davis -Bacon poster shall be 29 .. Ow posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where they can easily be seen by the workers. b. Employment of Laborers or Mechanics not listed in Aforesaid Wage Determination Decision (1) The City shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under this Contract shall be classified in conformance with the wage determination. The City shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (a) The work to be performed by the classification requested is not performed by a classification in the wage determination; (b) The classification is utilized in the area by the construction industry; and (c) The proposed wage rate, including any bonafide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification or their representatives and the City agree on the classification and wage rate, including the amount designated for fringe benefits, where appropriate, a report of the action taken shall be sent by the City to the Administrator of the Wage and Hour Division, Employment Standards Administration, United States Department of Labor. The Administrator, or an authorized representative, will approve, modify or disapprove every additional classification action within 30 days or receipt and so advise the City or will notify the City within the 30-day period that additional time is necessary. (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. 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. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract, provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met, The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of labor with respect to fringe benefits being provided by the Contractor must be submitted to the City with the first payroll filed by the Contractor subsequent to receipt of the findings. 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. 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. V (2) (a) The Contractor shall submit weekly a copy of all payrolls to the City if the City is a party to the Contract, but if the City is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the City, The payroll submitted shall set out accurately and completely all of the information required to be maintained under Paragraph (1) of this Section. The information shall be submitted in a form approved by the City. The Contractor is responsible for the submission or copies of payrolls by all subcontractors. dw (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 ( I ) 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 go 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 equivalent 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 certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Sec. 1001 of Title XVIII and Sec. 231 of Title XXXI of the United States Code. (3) The Contractor or subcontractor shall make the records required under Paragraph (1) of this section available for inspection, copying, or transcription by the City or the Department of Labor or their authorized representatives. The Contractor and subcontractors shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the City may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. g. Employment of Apprentices and Trainees (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bonafide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprenticeship wage rate, who is not registered or otherwise employed as stated above shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the 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 y for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a state apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 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 thanthe 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 rate'for work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 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. 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- MW 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. VM w 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 Contractor or subcontractor for unpaid wages and liquidated damages as provided in Paragraph b of this section. d. Subcontracts The Contractor shall insert in all subcontracts the clauses set forth in Paragraphs a, b, and c of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in this section. 6. CHILD LABOR ACT Contractor will comply with the Child Labor provisions of the Fair Labor Standards Act, 29 U.S.C. 212-319 and that Act's implementing regulations, found at 29 CFR 570. This Act prohibits the paid or unpaid employment of individuals under the age of 18 years on any construction project. 7. MISCELLANEOUS PROVISIONS a. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any 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. Questions Concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti -Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statue, shall be referred, 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 1. 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. 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 8. CLEAN AIR AND WATER ACT a. Contractor shall comply with all requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq.). and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this Contract. b. No portion of the work required by this Contract will be performed in a facility listed on the EPA List of Violating Facilities on the date when this Contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. Contractor shall use its best efforts to comply with clean air standards and clean water standards at all facilities in which the Contract is being performed. Contractor shall insert the substance of the provisions of this clause into any non-exempt subcontract, including this Paragraph. 9. LEAD BASED PAINT HAZARD In all contracts for construction or rehabilitation of residential structures, the Contractor and all subcontractors shall comply with the Lead -Based Paint regulations found in 24 CFR 35 and shall comply with the provisions for the elimination of lead -based paint hazards under Sub -Part B thereof. 10. RESPONSIBILITY OF CONTRACTOR REGARDING REPORTS Contractor will comply with the requirements of the City of Fort Worth's Fiscal Department, Intergovernmental Affairs and Grants Management regarding the compiling and reporting of statistical information required by the Federal regulations outlined above. Specifically, Contractor agrees to submit all completed reports according to the instructions and requirements of the Fort Worth Fiscal Services Department/] ntergovernmental Affairs and Grants Management, and Contractor understands the failure to do so may be cause for termination of this contract. s 36 am ..r 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 Housing Department, Contract Management Division staff member who is assigned to monitor this Contract. Contractor: A trficZ) D814 —S Y/,eCT t7 By: 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 1 1246 (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: DiMtb D8R .STY/L=3 Co"H"^�!-2 Address and Zip Code S6_1S a, Far-, R a. 5*e 11 zo ke 0er 75F ,W I. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes No ❑ (If answer is yes, identify the most recent contract.) 2. Compliance reports were required to be filed in connection with such contract or subcontract. .r Yes�l No ❑ 3. Bid//der has filed all compliance reports due under applicable instructions, including SF-100, Yesk] 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. ignature .. .r Name and Title of Signer (Please Type) Date 38 y U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the raking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and coopera- tive agreements) and that all subrecipients shall certify and disclose accordingly. Date 39 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATE OF OWNER'S ATTORNEY 1, the undersigned, e—Z4ry /ram , 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:42�Q Date: .r 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 tilled out, this from will satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis -Bacon and related Acts. — This form meets needs resulting from the amendment of the Davis -Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay not less than fringe benefits as predetermined by the Department of Labor, in addition to payment of not less than the predetermined rates. The contractor's obligation to pay fringe benefits may be met either by payment of the 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 frm's address. Column 1 - Name, Address, and Social Security Number of Employee: The employee's full name must be shown on each weekly payroll submitted. The employee's address must also be shown on the payroll covering the first week in which the employee works on the project, The address need not be shown on subsequent weekly payrolls unless his address changes. Although not required by Regulations, Parts 3 and 5, space is available in the name and address section so that Social Security numbers may be listed. Column 2 - Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Parts 3 and 5. Column 3 - Work Classifications: List classification descriptive of work actually performed by employees. Consult classifications and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown of hours so worked is maintained and shown on submitted payroll by use of separate line entries. 41 Column 4 - Hours Worked: On all contracts subject to the Contract Work Hours Standards Act enter as overtime hours all hours worked in excess of 40 hours a week. Column 5 - Total: Self -Explanatory. Column 6 -Rate of Pay, including_Fringe Benefits: In straight time box, list actual hourly rate paid the employee for straight time worked plus any cash in lieu of fringes paid the employee. When recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus $3.25/.40. This is of assistance in correctly computing overtime. See "FRINGE BENEFITS" below. In overtime box show overtime hourly rate paid, plus any cash in lieu of fringes paid the employee. See"FRINGE BENEFITS" below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standards Act for 1962. In addition to paying not less than the predetermined rate for the classification in which the employee works, the contractor shall pay to approved plans, 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 pay no fringe benefits: A Contractor who pays no fringe benefits shall pay to the employee, and insert in the straight time hourly rate column of the payroll, an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringes at the straight time rate. In addition, the contractor shall check paragraph 4(b) of the statement on the reverse of the payroll to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4U, 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 (unless otherwise provided by applicable y 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. u Column 7 - Gross Amount Eamed: 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 Regulations. Parts 3 and 5: While this form need not be notarized, the statement on the back of the payroll is subject to the penalties provided by 18 USC 1001, namely, possible imprisonment for 5 years or $10,000.00 fine or both. Accordingly, the party signing this required statement should have knowledge of the facts represented as true. Space has been provided between items (1) and (2) of the statement for describing any 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. 44 U. S. Department of Housing and Urban Development CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES (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®(we) have appointed whose signature appears below, to supervise the payment of 0 (our) employees beginning , 204; that he/® 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 h;ef is to execute with n� (our) full authority and approval until such time as ®(we) submit to a new certificate appointing some other person for the purposes hereinabove st ted. "K _ 0 �Ilk (1 enti Sig ture o Appointee) Attest (if required): Z)t ca SBA Les �Q/ti *61-io4 (Name of Firm or Corporation) (Sia&6re) ✓ (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 S DEPARTMENT OF LABOR PAYROLL Form Approved WAGE AND HOUR DIVISION Budget From No. 44 B 1093 (For Contractor's Optional Use, See Instruction Form WH-3471nst) Name of Contractor ❑ Or Subcontractor 0 Address PAYROLL NO FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO (1) -2 (3) O (4) DAY AND DATE (5) (6) (7) (8) DEDUCTIONS (9) T NAME. ADDRESS AND �,:.,��„," ' WORK O TOTAL RATE GROSS FICA WITH. HOLDING OTHER TOTAL DEDUCTIONS NET SOCIAL SECURITY NUMBER CLASSIFICATION R HOURS OF AMOUNT TAX WAGES OF EMPLOYEE PAY EARNED PAID FOR S WEEK UM13# 2501-0007 T I HOURS WORKED EACH DAY 47 DAUDAO-1340.3/2 U S DEPARTMENT OF LABOR STATEMENT OF COMPLIANCE Form Approved WAGE AND HOUR AND PUBLIC Budget Bureau No. 44 -R1090 CONTRACTS DIVISIONS w 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) on 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 Scat, 967; 76 Stat. 357; 40 U S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training. United States Department of Labor. `(4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (Craft) EXPLANATION Remarks Name and Title Signature THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. 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 was employed by (Date) _ and ending (Date) (Name of Company) WORK CLASSIFICATION S M T W TH F SAT TOTAL HOURS RATE OF PAY GROSS 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(s) 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 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 Date: Employee's Signature: Printed or Typed Name: Project Name and Number: ❑ One time only ❑ Weekly ❑ Bi-weekly ❑ For weeks 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) C/O Date 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: 52 1 (1) A Single Proprietorship: (2) A Partnership: 1 (3) A corporation Organized in the State of: (4) Other Organization (Describe) c) The name, title and address of the owner, partners or officers of the undersigned are: J) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the 53 I (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): Gl (Subcontractor) (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, knowing the same to be false ... shall be fined not more than $5,000 or imprisioned not more than two years, or both." 55 r PROPOSAL TO: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH, TEXAS 76102 FOR: H.M.A.C. SURFACE OVERLAY (2009-2) AT VARIOUS LOCATIONS CITY PROJECT NO.01224 TPW PROJECT NO. C293- 541200-203620122483 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, - specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Transportation and Public Works Department of the City of Fort Worth. so No Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance, Payment and Maintenance Bonds acceptable to and approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to -wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 2 EA. Project Designation Sign @ Two Hundred Dollars - & No Cents Per EA. $ 200.00 $ 400.00 S.P. 2 LUMPSUM Utility Adjustment @ Six Thousand Dollars & No Cents Per L.S. $ 6,000.00 $ 6,000.00 P-1 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID 104 3 4,000 L.F. Removal and Replacement of Concrete - 502 _urh&-Gutter @ S.P. Dollars & fjb J Cents Per L.F. $c2o $ 502 4 100 L.F. Ne erete Curb & Gutter @ S.P. Dollars & Cents Per L.F. p(v 104 5 6,000 S.F. Removal and Replacement of 6-Inch 504 Con ete Driveway @ S.P. c Dollars & _ 7, `J .e, E ents Per S.F. $ $ — 104 6 320 S.F. Removal and Replacement of 4-Inch 504 Concrete Sidewalk @ S.P. Dollars & Per S.F. $�_ $ Cents 104 7 50 S.F. Removal and Replacement of 4-Inch 504 ADA Whee chair Ramp @ 93 $� S.P. z� Dollars & $ $ lIV42 Cents Per S.F. 504 8 170 S.F. New 4-Inch ADA Wheelchair S.P. Ra7 @� 3 /O .0 Dollars & $ p $ h - i Cents Per S.F. ` 104 9 60 S.Y. Removal and Replacement Concrete 360 V ey Gutt r @ S.P. r? Dollars & Cents Per S.Y. 360 - 10 60 S.Y. New_Con`cr to Valf y Gutter @ S.P. `��/ Dollars & Cents Per S.Y. 3� P-2 .n .r no SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 11 1 EA. Removal and Replacement of 5-Ft $torm Draina a Inletii� ,lvy�� Cents Per EA. S.P. 12 1 EA. Removal and Replacement of 10-Ft Storm Drainage Inlet Top @ Dollars & /JZ�7 Cents Per EA. 402 13 600 L.F. 6-Inch Perforated Subdrain Pipe @ 500 620 Dollars & S.P. Cents Per L.F. $ 7 ` $ 275 14 46,000 S.Y. 8-Inch Pavement Pulverization @ S.P. Dollars & Cents Per S.Y. 275 15 600 TON 26 Ibs/sy Cement Modification @ S.P. Dollars & $ $ Cents Per TON 106 16 50 C.Y. Unclassified Street Excavation S.P. k;e-,e� Dollars & $ as' Cents Per C.Y. 247 17 50 C.Y. Crushed Limestone @ S.P. ��-�- Dollars & Cents Per C.Y. $ �` _ $ aS S.P. 18 46,000 S.Y. 2-Inch-HMAC Surface Course Type D Mix @ Dollars & $ „� 3 $_�(��—/�(� Cents Per S.Y. P-3 IL SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 19 1 EA. Removal and Replacement of 30-Ft HMAC Speed Cushion w/stri ping @ l JQlrs & /J�t7 Cents Per EA. S.P. 20 1 EA. Removal and Replacement of 40-Ft HMAC Speed Cushion w/stripping @ �jo rs& $ $ / ,-X<D Cents Per EA. 450 21 24 EA. Water Valve Box Adjustment S.P. With Steel Riser @ �Yl %11 &Aollars & ,--Ad Cents Per EA. 406 22 1 EA. Water Valve Box Adjustment 450 With Concrete Collar @ S.P. ,d��Z� Dollars & AZO Cents Per EA. $ �OO S.P. 23 1 EA. Water Meter Box Adjustment @ Dollars & Cents Per EA. 406 24 14 EA. Manhole Adjustment With 450 Steel Riser @ S.P. ka rs & A?� Cents Per EA. $� $ 3S0 0 406 25 1 EA. Manhole Adjustment With 450 Concrete Collar @ S.P. oll rs & ,40 Cents Per EA. $ 350 P-4 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT ITEM ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE S.P. 26 100 EA. Painting House Addresses @ Dollars & TOTAL AMOUNT BID Cents Per EA. $ �� $ 1�0�L. S.P. 27 70 S.Y. St. Augustine Grass Sod @ Dollars & Z_p� Cents Per S.F. $ $ S.P. 28 70 S.Y. Bermuda Grass Sod @ Dollars & Cents Per S.F. $ L� $ .. S.P. 29 1 EA. Mobilization Services @ —7 '— Five Hundred Dollars & No Cents Per EA. $ 500.00 $ 500.00 TOTAL BID. k P-5 L-0 $ .1-2- cK This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15,1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within one hundred and ten (110) Working Days from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within Ten (10) Calendar Days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of -- this contract. The attached deposit check in the sum of Dollars ($ is to become No the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. The Contractor shall mobilize within ten (10) calendar days of the notice Liven by the Construction Enaineer for any of the locations. If the contractor fails to bep-in the work within ten (10) calendar days, a $200 dollars liquidated damage will be assessed per Block per day. I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials)_ Addendum No. 2 (Initials) _ Addendum No. 3 (Initials) _ (Seal) Date: L-J '—Zi ReMegtful)y subrg*ted, , Company Name " By: - Signatu �ar� STYie� Printed Name of Principal 7- Address: E-mail Address: Telephone: r/7 3 79-K-1 a d P-6 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too 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. Ou p . cipal place of business or corporate offices are in the State of Texas. Bidder: -� City State Zip Y �Si y4_E__5 By: (Please print) Sign -6cv Al 6PL Title (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION Cay of Fort Worth i Minority and Women Business Enterprise Specifications ri SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE 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. M/WBE PROJECT GOALS The City's MIW BE goal on this project is /_% of the total bid (Base bid applies to Parks and Community Services). 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: 10 1. Meet or exceed the above stated MNVBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; No 4. Joint Venture. .r ._, 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. ek#ttsf l = ell; �rt{3lVj'�(:B _erlta'tiA 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (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 MANBE 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 MIWBE ORD 4 WILL RESULT IN THE BID BEING_ CONSIDERED] ,IFICATIONS Any questions, please contact the MIWBE Office at (817) 392-6104. Rev. 11/1/05 ATTACHMENT 1A Ir Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: MIW/DBE NON-MM/DBE BID DATE 0*e i;AV City's MMIBE Prot Goal: YPrime's M/WBE Project Utilization: PROJECT NUMBER /i% I /dam % 0 / as Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional sand/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications r MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or .. currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1" tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). Ir' If hauling services are utilized, the prime will be given credit as long as the MNVBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including MMBE owner -operators, and receive full MMBE credit. The M/WBE may lease trucks from non-MANBEs, including owner-operators,_but will only receive credit for the ees and commissions earned y th6 MAIMBE as outlined in the lease agreement. .. t .o Rev. 5/30/03 U FORTIVORTH ATTACHMENT1A Page 2 of 4 we r— Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MMIBEs. Please list MM/BE firms first, use additional sheets it necessary. SUBCONTRACTORISUPPLIER Company Name T i Certification (check one) N ° n Detail Detail N T Address e M W C T X D M W Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B E g E R C 0 7 B E A FT- o'�I'n x ,. %563 S96 - 7,30e i t . Rev. 5rsurus i i j i ATTACHMENT1A Pace 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M[/NBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) o SUBCONTRACTOR/SUPPLIER T n N T Company Detail Detail ddresame e M W C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T R D O B E E C T E A IN 1 1 i y 1 I i i I u i Rev. 5130103 ATTACHMENT IA FORT WORTH Page 4 of 4 i Total Dollar Amount of M/1IVBE Subcontractors/Suppliers $ 'Total Dollar Amount of Non-MIWBE Subcontractors/Suppliers $ 'TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ ''The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MNVBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. 6., By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, -a complete and accurate information regarding actual work performed by all subcontractors, including MNV/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/V1l/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Author'Z.V'� L4�'- d Signature 46e"�—�� Title Compan Name-- -- — �& Address , i I MW City/StatelZip AV&-.20- zwm- Printed Signature Contact Name/Title (if different) 8/ZZZQ3acQ 8/ 7 379 Telephone and/or Fax E-mibil Address Date / / Rev. 5130103 SPECIAL PROVISIONS FOR: H.M.A.C. SURFACE OVERLAY (2009-2) CDBG PROJECT AT VARIOUS LOCATIONS CITY PROEJCT NO, 01224 TPW PROJECT NO. C293-541200-203620122483 1. SCOPE OF WORK: The work covered by these details and specifications consists of the removal (only) of all existing traffic buttons, removal and replacement of existing concrete curb and gutter and driveways and existing base repair and the addition of a new surface layer of H.M.A.C. for those streets designated as Mill Overlay (MOL). For those streets designated as Pulverized Overlay (POL), the work consists of the same removal and replacement items as described above, surface & base rehabilitation of existing pavement with cement and the addition of a new surface layer of H.M.A.C. These items are described in the Special Provisions of these specifications. The work also consists of all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. The Contractor. shall mobilize within ten (10) working days of the notice given by the Construction Engineer for any locations. If the contractor fails to !! the work within ten (10) working days, a $200 dollars liquidated damage will be assessed per block per day. It shall be the responsibility of the prospective bidder to visit the project sites and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. The contractor shall verify these locations with the Construction Engineer. For street locations see list at the back of this document. At the sole discretion of the City, the City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the SP-1 contract provided that the total contract amount remains within plus or minus (t) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. All short turnouts that intersect with a street to be repaired shall be included in this contract, even though they may not be listed with the street locations at the back of this document due to their size, The contractor shall verify these locations with the Construction Engineer prior to construction. The construction of these turnouts includes; but, is not limited to, milling, cleaning, tack coating, overlaying and facility adjusting. Total quantities given in the bid proposal may not reflect actual quantities, but represent the best estimate based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. 2. AWARD OF CONTRACT: Contract will be awarded to the lowest responsible bidder. 3. SUBMITTALS FOR CONTRACT AWARD: The City reserves the right to require contractor who is the apparent low bidder(s) for a project to submit such information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the information if requested may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 4. CONTRACT TIME: - The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified, liquidated damages SP-2 shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Street and Storm Drain Construction of the City of Fort Worth, Texas. The contract time will be counted from the date set at the pre -construction conference and will continue until a time the inspector determines the project is ready for a final inspection. At that time a final inspection will be scheduled. If in the opinion of the inspector the project has not been made ready, the final inspection will be cancelled and time will continue to be counted. A five working day period is required for the rescheduling of a final inspection. The Contractor also agrees to complete the final punch list within ten (10) working days after receiving it. If the Contractor fails to complete the work within ten (10) working days, the counting of the number of days to complete the Contract will resume and liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Street and Storm Drain Construction of the City of Fort Worth, Texas. 5. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: A. A letter will be mailed to the contractor by certified mail; return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. SP-3 B. The Construction Engineer and the Director of the Transportation and Public Works Department will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. C. Any notice that may, in the City's sole discretion, is required to be provided to interested individuals will distributed by the Construction Engineer. D. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Construction Engineer will, if necessary, then forward updated notices to the interested individuals. E. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 6. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. 7. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH and STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. A copy of these specifications may be purchased at the Office of the Transportation and Public Works Department, 1000 Throckmorton Street, 2nd floor of the Municipal Bbilding, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call - out for the pay item in the Proposal. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. SP-4 8. CONTRACT DOCUMENTS: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non -responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 9. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. See Special Instructions to Bidders Item No. 14 for further requirements. 10. TRAFFIC CONTROL: The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer (a.,817-392-8712 at least 10 working days prior to the preconstruction conference. Although work will not begin until the traffic control panel has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 817-392-7738), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with, a SP-5 temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re -installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave his temporary sign in place until such re -installation is completed. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic upon the approval of the City Engineer. Work shall not be performed on certain locations/streets (primarily arterials) during "peak traffic periods (7 a.m. to 9 a.m. and to 4 p.m. to 5 p.m.)"; or, as determined by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." See "Street By Street Quantity Determination Spread Sheet", in the back of this document, for designated locations. The contractor will be responsible for coordination, of proposed construction activities, with public or private school administration. The proposed construction activities shall accommodate school operating schedules, including school bus/parent drop off and pick up periods. The contractor shall provide proper traffic and pedestrian control to ensure safety at all times. Construction areas shall be properly barricaded/fenced to prevent public entry. 11. PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any street in this contract, the contractor shall, prepare and deliver a notice/flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice/flyer shall be posted three (3) working days prior to beginning construction activity along each street. The flyer shall be prepared on the Contractor's letterhead and shall include the following: o Project name/Contract name o Project number o Expected dates of construction o Contractors and project inspector's contact information SP-6 A sample notice/flyer is included in the contract documents. The Electronic version of the notice/flyer can be obtained from the Office of the Transportation and Public Works Department (817) 392-2729 It will be the contractor's responsibility to create and distribute a follow-up notice/flyer informing residents if for any reason work should stop on a project for more than rive (5) working days after construction begins. The flyer should also include the anticipated date of when the work will begin again. It will be the contractor's responsibility to re -distribute a three (3) working day notification/flyer prior to beginning the construction activity.. In addition, all copies of the notice/flyer shall be delivered to the City inspector for his review prior to distribution. The contractor will not be allowed to begin construction on any street until the flyer is delivered to all residents of the street. All work involved with the notice/flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 12. PAYMENT: Payment will be made to the contractor twice a month for work completed during the pay periods ending on the 15'h and the 30'h day of each month. Checks (less 5% retainage) will be sent to the contractor within the two (2) week window following each payment period. Payment of the retainage will be made with the final payment upon acceptance of the project. See Special Instructions to Bidders Item No. 14 for further requirements. 13. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the, failure of the City. to provide material or necessary SP-7 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 and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 14. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol. No.1". 15. DISPOSAL OF SPOILTILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056) and a flood plain permit issued. All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of the Department SP-8 of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. No temporary storage of material, rubble, equipment or vehicles within parkway is allowed. Damage to sodded/landscaped areas shall be replaced at Contractor's expense to the satisfaction of City Engineer. 16. ZONING REQUIREMENTS: During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 17. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 18. CONSTRUCTION SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre -construction conference. This schedule shall detail all phases of construction, special coordination with schools (see Item No. 10 Traffic Control for details), including project clean up, and allow the contractor to complete the work in the allotted time. Contractor will not move on to the job site nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Contract start date would be outlined in the pre- construction work order notice. Proiect schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 19. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: SP-9 wa (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING --UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage -type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hood connections. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TXU Electric Delivery) which will erect temporary mechanical barriers, de -energize the line, or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TXU Electric Delivery and shall record action taken in each case. (4) The Contractor is required to make arrangements with the TXU Electric Delivery for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). 20. RIGHT TO AUDIT: Contractor agrees that City shall, until the expiration of three (3) years after final payment under this contract is made by City, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this contract. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years SP-10 after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with Article VI. City shall give the subcontractor reasonable advance notice of intended audits. Contractor and subcontractor agree to photocopy such documents as may be requested by City. City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as contained in the Texas Administrative Code at the time payment is made. 21. 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 City, 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 City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City 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 City, its officers, servants or employees. In the event City 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 City satisfactory, evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed 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. SP-11 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub -section as related to "substitutions" shall be applicable to all sections of these specifications. 23. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor, at his own expense. 24. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 25. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained written permission from the property Owner. A copy of the written permit shall be provided to the assigned inspector prior to utilization of the property. 26. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. SP-12 27. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". 28. CONSTRUCTION The City of Fort Worth. maintains a "CONFINED SPACE ENTRY PROGRAM" for its employees and all contractors and their sub -contractors must comply with this program as a condition of the contract. All active sewer manholes, regardless of depth, are defined, as "permit required confined spaces". Contractors will be required to complete the "CONFINED SPACE ENTRY PERMIT" used by the Fort Worth Water Department (Field Operations Division) for each entry and possess and use the equipment necessary to comply with this program. The cost of complying with this program will be considered subsidiary to the pay items involving work in confined spaces (e.g. vacuum testing, cleaning, televising, construction, etc.). 29. WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 A.M. and 6:00 P.M., with exceptions as permitted by the Engineer. 30. `GREEN' CEMENT POLICY: `GREEN' CEMENT POLICY: As mandated by Fort Worth City Council Resolution 3536, all cement utilized for this project shall be procured from a kiln utilizing a dry kiln process or from any kiln that does not produce an excess of 1.71b of NOx emissions per ton of clinker produced. All related costs for complying with the `Green' Cement Policy shall be considered subsidiary to the applicable project pay items. This policy shall Pay Item No. 19 "26/lbs/sy Cement Modification". - The contractor shall complete and submit the `Green' Cement Policy Compliance Statement (included in the contract documents) at the time of bid opening of the project. Failure to SP-13 U. comply with the `Green' Cement policy shall be grounds for rejecting the bid as non- responsive. During the term of the contract if cement meeting the above requirement is not available, and where cement from a non -compliant source must be utilized, the contractor shall furnish good faith effort documentation in form of letters from two North Texas cement manufacturers of `Green' Cement stating that no stock of `green' cement is available for the contractor at that time. These letters shall be considered valid for a maximum of one week after which new letters must be submitted to the Project Inspector if `green' cement continues to remain unavailable. 31. QUALITY CONTROL TESTING: (a) The contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphalt and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the contractor for operations requiring testing. The contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. - SP-14 (e) The contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. NON -PAY ITEM No. 1 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control' shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON -PAY ITEM NO.2 - REMOVAL OF TRAFFIC BUTTONS AND TEMPORARY LANE TAPE: The Contractor shall be responsible for the documentation of all street markings prior to the removal and disposal of the pavement markings. All traffic buttons shall be removed from the existing asphalt surface before resurfacing begins. The contractor shall be responsible for the removal and disposal of all buttons and markings. Upon completion of the job the City will install new buttons after proper notification. The contractor shall also be responsible for all materials, equipment and labor to place temporary adhesive lane marking tape to control and. direct traffic in the same way as they were prior to start of construction. Any corrective action required on the temporary lane markings shall be the total responsibility of the Contractor and at no extra cost to the City. The contractor shall notify the Construction Engineer and T/PW Traffic Services to arrange for the replacement of the buttons and adhesive lane markers (arrows, etc.). All costs to the contractor shall be figured as subsidiary to this contract. NON -PAY ITEM No. 3 — LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The contractor shall be responsible for locating and marking previously exposed manholes, water valves and any other utility cover in each street of this contract before the resurfacing process commences for a particular street. The method used to document locations shall be SP-15 one in which the covers can be found exactly the first time. Proof of documentation must be provided to the assigned inspector prior to start of any overlay process. The contractor shall attempt to include the Construction Engineer or his designee (if available) in the observation and marking activity. In any event,. a street shall be completely marked a minimum of two (2) working days before resurfacing begins on the street. Marking the curbs with paint may be allowed if and only if a water base paint is used. It shall be the contractor's responsibility to notify the utility companies that he has commenced work on the project. As the resurfacing is completed (within same day), the contractor shall locate the covered manholes and valves and exposed and clean them. Upon completion of a street the contractor shall notify the utilities of this completion and indicate the start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number Contact Person SBC— Telephone 817-338-6202 Mr. Cary Tillory 214-384-3732 Cell TXU Electric Delivery•: Downtown 817-215-6424 Mr. Scott King Other than Downtown 817-215-6688 Mr. Robert Martinez Atmos Energy (Gas) 911 Emergency 1-800-460-3030 Dispatch 817-215-4366 (for info only) Mr. John Crane CFW - Street Light 817-392-7738 Mr. James Turner CFW — Light Signal 817-392-2538 Mr. Frank Brock 817-392-2535 Mr. Monte Wilson CFW— Pavement Marking 817-392-8107 Mr. Chuck Snyder CFW - Storm Drain 817-392-5196 Mr. Rodney Smithey SP-16 CFW- Water 817-212-2699 Mr. Roger Hauser 817-925-2360 Cell CFW - Sewer 817-212 -2699 Mr. Rick Davis 817-944 -8399 Cell Of course, under the terms of this contract, the contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within seven (7) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the resurfacing operation. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. NON -PAY ITEM NO.4 - PROTECTION OF TREES, PLANTS, SOIL, ETC.: All property along and adjacent to the Contractor's operations including lawns, yards, irrigation systems, 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 (817) 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. - SP-17 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. NON -PAY ITEM NO.5 — PROJECT CLEAN-UP: During the construction of this project, all parkways that are excavated shall be shaped, including bar ditches, and backfilled at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the ` Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of the roadway and residents' property If it has been determined that the jobsite has not been kept in an orderly condition, the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. The Contractor shall make a final cleanup of each street as soon as the paving and curb and gutter has been constructed. No more than Seven (7) working days shall elapse after completion of construction before the roadway and right-of-way is cleaned and restored. Failure to do so will be cause to stop the contractor from starting work on other streets. Project time will not be suspended and a $200 charge per day will be made as liquidation damages. The Contractor shall make a final cleanup of all parts streets before acceptance of the project is made. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. - NON -PAY ITEM NO.6 — CRACK SEALING: SP-18 All cracks that develop after completion of the street resurfacing and until the end of the 2- year warranty period shall be crack sealed with Rubber Asphalt Crack Sealer, as per the latest edition of the TxDOT Specifications for Construction and Maintenance of Highways, Streets, and Bridges, Item 300, "Asphalts, Oils, and Emulsions". The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. NON -PAY ITEM NO.7 — STORM DRAIN INLET PROTECTION: All pulverization and overlay streets with storm drain inlets shall use inlet protection for sediment control, in accordance with the Standard Specifications for Public Works Construction -North Central Texas. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. NON -PAY ITEM NO. 8 - NO PAVING WORK ON SOLID WASTE WEEKLY PICK-UP DAY In order to eliminate potential rutting of the pavement from solid waste trucks while paving operations are underway, the contractor shall schedule construction on all the identified project streets such that no paving activities are scheduled on the weekly solid waste pick-up day for each street. The solid waste weekly pick-up day for each project street is identified on the "STREET BY STREET PAVING QUANTITY DETERMINATION SPREADSHEET" located at the end of the contract documents. On the spreadsheet, the solid waste weekly pick-up is listed as the day of the week; see "Garbage, Recycling, Yard Trimmings & Brush Weekly Pickup". No paving activities shall be scheduled on this day. The Contractor will be allowed to construct concrete flatwork on solid waste weekly pick-up day. Also on the spreadsheet, the solid waste monthly pick-up is listed as the week of fhe month; see "Monthly Pickup of Bulky Items". During this week, the day of pick up varies from Monday to Saturday afternoon. The Contractor will be allowed to pave the week of the solid waste monthly pickup. SP-19 The Contractor, however, will be responsible for any coordination with the City Environmental Department regarding when the monthly pickup day occurs. If new pavement is damaged by the solid waste monthly pickup trucks due to the contractor's failure to adhere to the procedure outlined above; then, the Contractor shall be solely responsible for any repairs required. Assessment of damage will be determined by the Construction Engineer, or, his authorized representative. The weekly and monthly solid waste pick up schedules are hereby provided for bidding purpose and use by the selected contractor during construction. All cost associated with scheduling pavement installation around "solid waste pick-up days" shall be considered incidental to the project contract amount and no additional compensation shall be allowed. NON -PAY ITEM NO. 9 — AGREEMENT OF QUANTITIES The streets will be measured and all quantities per street will be documented, a copy of the measured quantities will be provided to the contractor. If the Contractor in agreement of the measured quantities, then the Contractor is required to sign it and return it with in ten (10) working days. If the Contractor is not in agreement, then the Contractor is required to, within five (5) working days, arrange a field trip with the assigned inspector to show proof of the difference. PAY ITEM NO. 1 — Project Designation Sign: The contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be -constructed of % inch fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at, the project site upon commencement of construction. SP-20 The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO.2 — Utility Adiustments: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer, and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. Contractor shall immediately cap the broken sprinkler system lines, and must notify the inspector prior to replacements. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. PAY ITEM NO.3 — Removal and Replacement of Concrete Curb & Gutter: This item shall include the removal and replacement of all failed existing curb and gutter in sections, as designated by the Construction Engineer with same day haul -off of the removed material to a suitable dumpsite. SP-21 For specifications governing this item, see City Standard Specifications, Item No. 104 "Removing Old Concrete", Item No. 502 "Concrete Curb and Gutter", and Drawing Nos. S-S2 through S-SSB. Pay limits for laydown curb and gutter are as shown in Drawing No. S-S5 of the Standard Specifications. Contractor shall sawcut the curb and gutter and/or pavement prior to removal. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. Included, and figured subsidiary to this unit price, will be the required sawcut excavation, as per specification Item No. 106 "Unclassified Street Excavation", into the street to aid in the construction of the curb and gutter. The pay limit will be 9 inch out from the gutter lip. The street void shall be filled with H.M.A.C. Type "D" mix (PG 64-22) in accordance with all applicable provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item Nos. 300 "Asphalts, Oils, and Emulsions", 310 "Prime Coat" (referenced), and 340 "Dense -Graded Hot -Mix Asphalt (Method)" (referenced) and compacted to standard densities. Top soil as per specification Item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged during construction, shall be replaced with same or better at no cost to the City. Backfill for curb and gutter shall be completed within five (5) working days from the day of completion of the curb and gutter. If the contractor fails to complete the work within five (5) working days, a $100 dollar liquidated damage will be assessed per block per day. Pulverization of the existing pavement shall begin within fourteen (14) working days from the date of the concrete work completion of any street (curb and gutter, driveways, valley gutter, sidewalk). If the contractor fails to begin the work within fourteen (14) working days, a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM NO.4 — New Concrete Curb & Gutter: This item shall include the construction of new standard concrete curb and gutter with same day haul -off of the removed material to a suitable dumpsite. SP-22 For specifications governing this item, see City Standard Specifications, Item No. 502 "Concrete Curb and Gutter", and Drawing Nos. S-S2 through S-SSB. Pay limits for laydown curb and gutter are as shown in Drawing No. S-S5 of the Standard Specifications. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. Top soil as per specification Item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged during construction, shall be replaced with same or better at no cost to the City. Backfill for curb and gutter shall be completed within Five (5) working days from the day of completion of the curb and gutter. If the contractor fails to complete the work within five (5) working days, a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. '^ PAY -ITEM No. 5 — Removal and & Replacement of 6-Inch Concrete Driveway: This pay item shall include the removal and replacement of any type of existing concrete driveways, as designated by the Construction Engineer, due to deterioration or in situations where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul -off of the removed material to a suitable dump site. For specifications governing these items, see City Standard Specifications Item No. 104 "Removing Old Concrete" and Drawing Nos. S-S5, and Item No. 504" Concrete Sidewalk and Driveways". Pay limits for concrete driveway are as shown in Drawing No. S-S5 of the Standard Specifications. Contractor shall sawcut existing driveway, curb and gutter, and pavement prior to driveway removal All concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. Exposed concrete aggregate driveway surface shall be seeded with pea gravel. SP-23 Backfill for driveway shall be completed within Five (5) working days from the day of completion of the driveway. If the contractor fails to complete the work within five (5) working days, a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per square feet shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the replacement work. PAY -ITEM NO.6 — Removal and Replacement of 4-Inch Concrete Sidewalk: This pay item shall include the removal and replacement of any type of existing concrete sidewalk, as designated by the Construction Engineer, due to failure or in situation where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul -off of the removed material to a suitable dumpsite. For specifications governing these items, see City Standard Specifications Item No. 104 "Removing Old Concrete", and Item No. 504 "Concrete Sidewalk and Driveways". All concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. The exposed concrete aggregate sidewalk surface shall be seeded with pea gravel. Backfill for concrete sidewalk shall be completed within Five (5) working days from the day of completion of the curb and gutter. If the contractor fails to complete the work within five (5) working days, a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per square feet shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the replacement work. PAY -ITEM NO.7 — Removal and Replacement of 4-Inch ADA Wheelchair Ramp: This item shall include the removal and replacement of existing standard concrete wheelchair ramps at various locations as to be determined in field by the Construction Engineer, due to failure or in situation where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul -off of the removed material to a suitable dumpsite. SP-24 For specifications governing this item, see City Standard Specifications Item No. 104 "Removing Old Concrete", and Item 504 "Concrete Sidewalk Driveways", except as herein modified. All concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. Contractor shall sawcut existing sidewalk, curb and gutter and pavement prior to wheelchair ramp removal. The removal of existing curb and gutter as required for the replacement of existing wheelchair ramps shall be included in PAY ITEM NO. 3 Curb & Gutter — Replace, as determined by the Construction Engineer. Pay limits for laydown curb and gutter are as shown in the Accessability Ramp Pay Limits detail (STR-032). The pay limit will extend from 9 inches outside the lip of gutter to 15 inches back from the face of curb. Any asphalt tie-in shall be subsidiary to the curb and gutter pay item. The replacement of existing curb and. gutter as required for the installation of new wheelchair ramps shall be included in PAY ITEM NO.3 Curb & Gutter — Replace. Pay limits for laydown curb and gutter are as shown in the Accessability Ramp Pay Limits detail (STR-032). The pay limit will extend from 9 inches outside the lip of gutter to 15 inches back from the face of curb. Any asphalt tie-in shall be subsidiary to the curb and gutter pay item. Pay limits for "Standard Wheelchair Ramp" will start 15 inches back from the face of curb and encompass the remainder of the ramp and sidewalk. Concrete flared surfaces, as designated by the Construction Engineer, shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry -shake type, and shall be used in accordance with manufactures instructions. Concrete stain may be applied after concrete is poured (Product sold by BAER). "Contractor shall provide a colored sample concrete panel of one foot by one foot by Three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. SP-25 The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." Backfill for wheelchair ramp shall be completed within Five (5) working days from the day of completion of the curb and gutter. If the contractor fails to complete the work within five (5) working days, a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per square feet, as shown on the proposal, will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. PAY -ITEM NO. S -- New 4-Inch ADA Wheelchair Ramp: This item shall include the construction of new standard concrete wheelchair ramps at various locations as to be determined in field by the Construction Engineer with same day haul -off of the removed material to a suitable dumpsite. For specifications governing this item, see City Standard Specification Item 504 "Concrete Sidewalk Driveways", except as herein modified. All concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. Contractor shall sawcut existing sidewalk, curb and gutter and pavement prior to wheelchair ramp removal. The removal of existing curb and gutter as required for the construction of new wheelchair ramps shall be included in PAY ITEM NO.3 — Removal and replacement of Concrete Curb & Gutter, as determined by the Construction Engineer. Pay limits for laydown curb and gutter are as shown in the Accessability Ramp Pay Limits detail (STR-032). The pay limit will extend from 9 inches outside the lip of gutter to 15 inches back from the face of curb. Any asphalt tie- in shall be subsidiary to the curb and gutter pay item. The replacement of existing curb and gutter as required for the installation of new wheelchair ramps shall be included in PAY ITEM NO.3 — Removal and replacement of Concrete Curb & Gutter. Pay limits for laydown curb and gutter are as shown in the Accessability Ramp Pay Limits detail (STR-032). The pay limit will extend from 9 inches outside the lip of gutter to 15 SP-26 inches back from the face of curb. Any asphalt tie-in shall be subsidiary to the curb and gutter pay item. Pay limits for "Standard Wheelchair Ramp" will start 15 inches back from the face of curb and encompass the remainder of the ramp and sidewalk. Concrete flared surfaces, as designated by the Construction Engineer, shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry -shake type, and shall be used in accordance with manufactures instructions. Concrete stain may be applied after concrete is poured (Product sold by BAER). "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." Backfill for wheelchair ramp shall be completed within Five (5) working days from the day of completion of the curb and gutter. If the contractor fails to complete the work within five (5) working days, a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per square feet, as shown on the proposal, will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO.9 — Removal and Replacement of Concrete Valley Gutter: This item shall include the removal and replacement of existing concrete valley gutters, at locations to be determined in field by the Construction Engineer with same day haul -off of the removed material to a suitable dumpsite. Contractor shall sawcut existing sidewalk, curb and gutter and/or pavement .prjor to valley gutter removal. Sawcutti.ng and removal of existing concrete valley, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be included in this pay item. SP-27 For specifications governing this item, see City Standard Specifications, Item No. 104, "Removing Old Concrete" and Item No. 106, "Unclassified Street Excavation", Drawing No. S-S6 and detail enclosed, TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item Nos. 247 "Flexible Base (referenced), 300 "Asphalts,. Oils, and Emulsions" (referenced), 310 "Prime Coat" (referenced), and 340 "Dense -Graded Hot -Mix Asphalt (Method)" (referenced) and Item No. 360 "Concrete Pavement" (enclosed), shall apply. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details, shall be subsidiary to this Pay Item. Contractor may substitute 5 inch non -reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. All applicable provisions of Item No. 360 "Concrete Pavement" (enclosed) shall apply. Surface texturing shall be made with a medium broom in lieu of carpet drag or metal tining. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. Contractor shall work on one-half of Valley Gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) working days. If the contractor fails to complete the work on each half within seven (7) working days, a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO. 10 — New Concrete Valley Gutter: - SP-28 This item shall include the construction of new concrete valley gutters, at locations to be determined in field by the Construction Engineer with same day haul -off of the removed material to a suitable dumpsite. Contractor shall sawcut existing sidewalk, curb and gutter and/or pavement prior to valley gutter removal. Sawcutting and removal of asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be included in this pay item. For specifications governing this item, see City Standard Specifications, Item No. 106, "Unclassified Street Excavation", Drawing No. S-S6 and detail enclosed, TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item Nos. 247 "Flexible Base (referenced), 300 "Asphalts, Oils, and Emulsions" (referenced), 310 "Prime Coat" (referenced), and 340 "Dense -Graded Hot -Mix Asphalt (Method)" (referenced) and Item No. 360 "Concrete Pavement" (enclosed), shall apply. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details, shall be subsidiary to this Pay Item. Contractor may substitute 5 inch non -reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. All applicable provisions of Item No. 360 "Concrete Pavement" (enclosed) shall apply. Surface texturing shall be made with a medium broom in lieu of carpet drag or metal tining. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. Contractor shall work on one-half of Valley Gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) working days. If the contractor fails to complete the work on each half within seven (7) working days, a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. SP-29 The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO. 11 — Removal and Replacement of 5-Ft Storm Drainage Inlet Top: PAY ITEM NO. 12 — Removal and Replacement of 10-Ft Storm Drainage Inlet Top: Pay items No. 11 and No. 12, shall include the removal and replacement of a 7 inch thick drainage inlet top of 5 -foot and 10' drainage inlet openings, at locations to be determined in field by the Construction Engineer with same day haul -off of the removed material to a suitable dumpsite. For specifications governing these items, see City Standard Specifications Item No. 450 "Adjusting Manholes and Inlets", as shown in the Drawing S-SO2 and as directed by the construction engineer. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. The unit price per bid per each will be full compensation for all labor, equipment, material, tools, and all incidentals necessary to complete the work. PAY -ITEM NO. 13 — 6-Inch Perforated Subdrain Pipe: This item shall consist of furnishing and installing 6 inch perforated subdrain and filter material all as shown on the enclosed details, or as directed by the Engineer. All applicable provision of standard Specifications Item 500 "SUBDRAINS" shall apply except as, herein modified. The pipe material shall be poly vinyl chloride (PVC) with the standard dimensional ratio of 35 (SDR35) and meet the ASTM D 1784. Filter fabric shall have the capability of passing ground water without transporting the soil placed around the filter fabric. The fabric shall be constructed exclusively of synthetic thermoplastic fibers and may be either woven or non -woven to form a mat of uniform quality. Fabric fibers may be either continuous or discontinuous and oriented in either a random or a aligned pattern throughout the fabric. The fabric shall be mildew resistant, rot proof, shall be satisfactory for use in a wet soil and aggregate environment, contain ultraviolet stabilizers and have non -raveling edges. SP-30 The fabric shall meet the following requirements when sampled and tested in accordance with the methods indicated: Test Original Physical Properties Method Fabric weight, on an ambient SDHPT Test Method Tex - temperature air-dried tension free 616-J"Testing of sample, expressed in oz/sq. yd. Construction Fibers" Water flow rate by falling head Tex-616-J method, 7.9 inches (20 cm) to 3.9 inches (10 cm) on 2 inch ID cylinder with 1 inch diameter orifice, with flow rate expressed in gal/sq. ft/minute. Requirements 4.0 minimum for under drains and Slope Stabilization, 6.0 minimum for Gabions Revetment 80 minimum Breaking load in either machine or ASTM Designation: D 1682 100 minimum cross -machine direction, expressed in grab method G as modified pounds. by Tex--616-3 Equivalent opening size (US Standard CW-02215, US Army Corps 70 to 100 sieve no.) of Engineers, Civil Works Construction Guide Specification. "Plastic Filter Fabric", Nov.1977. "Apparent elongation" at breaking ASTM Designation: D 1682 100 maximum load in either machine or cross- grab method G as modified machine direction, expressed as by Tex-6164 percent. The "Filter Fabric" shall be installed in accordance with the manufacturer's recommendations, as indicated or as directed by the Engineer. When lapping is required, it shall be in accordance with the manufacturer's recommendations. Backfilling around the SP-31 Filter Fabric shall be done in such a way as not to damage the Filter Fabric material during the placement. The unit price bid per linear feet shall be full compensation for all labor, materials, equipments, tools, and incidentals necessary to complete the work. PAY -ITEM NO. 14 ~ 8-Inch Pavement Pulverization: PAY -ITEM NO. 15 — 26 lbs/sy Cement Modification: Green Cement Policy (enclosed), and all applicable provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item No. 275 "Cement Treatment (Road Mixed)" (referenced) shall govern the work. The City of Fort Worth, Texas will perform quality assurance tests and checks on the paving project materials during construction, to ensure compliance with the specifications. The sampling and testing of the materials shall be made at the expense of the City. In the event the sampling and testing does not comply with the specifications, all subsequent testing of the material, in order to determine if the material is acceptable, shall be furnished and paid by the contractor, as directed by the Engineer. Contractor shall pulverize the existing pavement to a depth of 8 inch. After pulverization is completed, contractor shall temporarily remove and store the 8 inch deep pulverized material, then cut the base 2 inch to provide place for the new 2 inch H.M.A.C. surface. The 2 inch base cut shall start at a depth .of 8 inch from the existing pulverized surface. After the undercut operation is completed, the temporarily stored 8 inch deep pulverized material shall be returned to the excavation. If the existing pavement has a combination of 10 inches of H.M.A.0 and crushed stone/gravel, undercut will not be required. The contractor will pulverize the 10 inches, and the 2 inch cut will be taken, from the 10 inch pulverized material. In case of high crown, the contractor shall pulverize the exiting crown and pavement. The Construction Engineer will determine .the appropriate undercut depth to meet the City standard. SP-32 The maximum amount of existing asphalt concrete pavement in the mixture shall be at the discretion of the Engineer. After the above processes are performed, the contractor shall shape the pulverized material to the appropriate line and grade. Samples of the pulverized material will be tested for gradation as directed by the Engineer. Testing will be at a minimum of one test per 300 linear feet per lane. Portland cement shall be applied to the pulverized material at a rate of 26 pounds per square yards, 8 inch in depth. The Engineer or his authorized representative will observe the cement treatment and collect delivery tickets from each transport truck Cement quantities used will be verified, with respect to areas being treated. Cement shall be applied only to such an area that all the operations can be continuous and completed, in daylight, within six (6) hours of such application. The contractor shall blade to grade and compact the pulverized cement treated material to 95% of the maximum density as determined in accordance with TxDOT's Standard Specifications stated above or as directed by the Engineer in the field. After the cement treated base has cured for 48 hours, provide machinery (minimum 12 ton steel wheel vibratory roller) to roll the surface of the cement treated material to induce hairline cracks "micro -cracks". Amplitude of vibrating will be at the discretion of the Engineer or his authorized representative. Micro -cracking will be used to reduce shrinkage cracking in the cement treated material and reduce reflective cracking through the asphalt cement surface overlay. Roller shall be in accordance with TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item No. 210 "Rolling" (referenced). Operate roller at walking speed (2 to 3 mph). Generally one (1) to four (4) passes of the roller are required to create the micro -cracks. One pass is down and back. The contractor shall then prime and immediately overlay the micro -cracked surface with 2 inch H.M.A.C. surface course. The work shall be in accordance with TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item Nos. 300 "Asphalts, Oils, and Emulsions" (referenced), 310 "Prime Coat" (referenced), and 340 SP-33 "Dense -Graded Hot -Mix Asphalt (Method)" (referenced). The 2 inch H.M.A.C. surface will be paid under PAY -ITEM NO.28 — 2 Inch -Surface Course -Type D Mix. If the contractor fails to begin the 2 inch H.M.A.C. surface course work within five (5) working days, a $200 dollars liquidated damage will be assessed per block per day. On pulverized and overlay streets that do not have existing curb and gutter, the Contractor shall finish the parkway with backfill. The backfill shall begin at the edge and elevation of the new 2 inch H.M.A.C. surface course and extend within the parkway, to existing ground surface, at the grade of one-fourth (1/4) inch per foot. There should be no voids in the backfill material, to the satisfaction of the Engineer. The unit price bid per square yard of pavement pulverization, and per ton of cement modification shall be full compensation for all labor, material, equipment, tools, and incidentals necessary to pulverize, remove and store the pulverized material, undercut the base, mixing, compaction, haul off, sweep, dispose of the undercut material and backfill the parkway. PAY -ITEM NO. 16 — Unclassified Street Excavation: This item will be used if additional excavation is needed that is not covered by PAY ITEM NO. 14 — 8-Inch Pavement Pulverization. Additional Excavation is the removal of the excessive crown and base to bring the new base to proper grade & City standard specifications for street reconstruction. All applicable provisions of Item No. 106 "Unclassified Street Excavation" shall apply, work shall be paid per cubic yard. The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY -ITEM NO. 17 — Crushed Limestone: This item shall be used to repair the failed base material in areas exceed 8 inch deep as directed by the Engineer. The material shall be graded crushed stone. SP-34 All applicable provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges", Item No. 247 "Flexible Base", shall govern this item. The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY -ITEM NO. 18 — 2-Inch HMAC Surface Course Type D Mix: All applicable provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item Nos. 300 "Asphalts, Oils, and Emulsions" (referenced), 310 "Prime Coat" (referenced), and 340 "Dense --Graded Hot -Mix Asphalt (Method)" (referenced) shall govern work. The following amendments to the above TxDOT's specifications shall govern, take precedence and shall include: Item No. 340 "Dense --Graded Hot -Mix Asphalt (Method)" (referenced): • Under Item 340.2, Materials, A. Aggregates: The surface aggregate classification (SAC) shall be Class B. The Contractor shall perform the Los Angeles abrasion, magnesium sulfate soundness, Micro-Deval and all other aggregate quality tests listed in Table 1. 2. RAP will not be allowed, for use, in surface course Type "D" mix. • Under Item 340.2, Materials, D. Asphalt Binder: Furnish performance -graded PG 64-22 for H.M.A.C. surface course, level up and pavement/base repair or replacement. • Under Item 340.4, Construction, The City of Fort Worth, Texas will perform quality assurance tests and checks on the paving project materials during construction, to ensure compliance with the specifications and approved mixture design. SP-35 The sampling and testing of the materials shall be made at the expense of the City. In the event the sampling and testing does not comply with the specifications, all subsequent testing of the material, in order to determine if the material is acceptable, shall be furnished and paid by the contractor, as directed by the Engineer. Samples will be taken for determination of asphalt content, aggregate gradation, maximum theoretical specific gravityas determined by the Engineer. For each hot.mix asphalt surface course placed, nuclear gauge in -place density testing will be performed at each 300-ft station. For each hot mix asphalt surface course placed, cores will be obtained to determine in -place density and thickness. The cores will be taken at the maximum interval of 300-ft (to coincide with field density locations). • Under Item 340.4, Construction, A. Mixture Design: The contractor shall furnish mixture design of the proposed hot mix asphalt, at or before the pre -construction meeting. The Contractor shall submit to the Engineer a mixture design prepared by a AASHTO accredited laboratory, for the materials to be used in the project. Using the typical weight design example in Tex-204-F, Part I, the mixture design shall meet the requirements contained in Tables 1 through Table 5 of Item 340. The Indirect Tensile -Dry (Tex-226-F) and the Hamburg Wheel -tracking (Tex-242-F) tests shall be waived. The mixture design report must be certified and signed by a Level II Specialist and submitted on TxDOT's software forms. The Engineer may verify the mixture design at optimum asphalt content. • Under Item 340.4, Construction, B. Job -Mix Formula Approval: The. Contractor will perform the Boil Test (Tex-530-C). • Under Item 340.4, Construction, J. Ride Quality: The Ride Quality Surface Type A test (10-foot straight edge) shall be measured. • Under Item 340.5 Measurement: Hot mix will be measured by the square yard of the composite hot mix, which includes asphalt, aggregate and additives. SP-36 ■ Under Item 340.6 Payment: The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement", will be paid for at the unit price bid per square yard, for "Dense -Graded Hot Mix Asphalt (Method)". PAY ITEM NO. 19 — Removal and Replacement of 30-Ft HMAC Speed Cushion w/stripping PAY ITEM NO.20 — Removal and Replacement of 40-Ft HMAC Speed Cushion w/stripping Pay items No. 19 and No 20, shall include the removal of existing Speed Cushions, and installing new standard H.M.A.0 Speed Cushions according to the plan and profile as shown on the detail sheet. All excavated material shall be hauled off site the same day as excavated, to a suitable dumpsite. Contractor shall notify the Construction Engineer 72 hours prior to installing any speed cushions. Contractor shall install pavement markings. If the roadway is damaged during existing marker removal, the work shall be temporarily halted until consultation with the Construction Engineer. The pavement shall be repaired prior to new HMAC overlay. MATERIALS AND QUALITY REQUIREMENTS: 1. Speed Cushions The speed cushions shall consist of H.M.A.C. Type D surface course (PG 64-22) with tack coat (SS-1) and compacted with vibratory hand roller. All applicable provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item Nos. 300 "Asphalts, Oils, and Emulsions" (referenced), 310 "Prime Coat" (referenced), and 340 "Dense -Graded Hot -Mix Asphalt (Method)" (referenced) shall apply. Kraft brown paper — 36 inch wide. 40-lb paper shall be used to keep curb & gutter clean. 2. Pavement Markings SP-37 Raised Pavement Markings All materials used shall be pre -approved prior to placement. The brand name and specifications of the materials shall be included in submittal for approval. The approved materials must be used throughout the duration of the contract. In the event that substitute materials need to be used, they must be equal to or exceed the quality of those currently in use and be approved the Construction Engineer. All markers shall be 4 inch and be installed with epoxy; bituminous adhesive is not approved. A chalk line, chain, or equivalent shall be used during layout to insure that individual markers are properly aligned. All markers shall be placed uniformly along the line to achieve a smooth continuous appearance. Preformed Pavement Markings All materials used under this agreement shall be pre -approved prior to awarding of the bid. Materials used shall meet TXDOT specifications Item 666 Type H. The approved materials must be used throughout the duration of the bid. In the event that substitute materials need to be used, they must be equal to or exceed the quality of those currently in use, and be approved by Construction Engineer. All material must be equal to or exceed the following: Pre Mark brand Hot Tape which is manufactured by Stimsonite. Stamark A420, which is manufactured by 3M. Stamark A380, which is manufactured by 3M. All applications shall be in strict compliance with all manufacturer recommendations. Surface Preparation and Application of Pavement Markings Roadway surface shall be clean, dry and free from dirt, grease, and other forms of contamination. All surfaces must be air blasted prior to application of paint. Surface preparation and application shall be in strict compliance with manufacturer recommendations. Equipment and methods used for surface preparation shall not damage the pavement or present a hazard to motorists. SP-38 Installation of Pavement Markings Contractor's personnel shall be knowledgeable and sufficiently skilled in the installation of raised pavement markings and preformed pavement markings. Markings that are not properly applied due to faulty application methods or defective product, and markings, which are placed in the wrong position or alignment, shall be removed and replaced by the contractor at the contractor's expense. If the mistake is such that it would be confusing or hazardous to motorists it shall be remedied the same day of notification. Notification will be made by phone and confirmed by fax. Other mistakes shall be remedied within five days of written notification. Traffic Control of Pavement Markings When markings are applied on roadways open to traffic care will be taken to ensure that proper safety precautions are followed, including the use of signs, cones, barricades, flaggers, etc. Work shall be performed with as little disruption to traffic as possible, and freshly applied markings shall be protected from traffic damage and disfigurement. 3. Measurement and Payment The unit price bid per each shall be full compensation for removal of existing pavement markings, H.M.A.C. Type D surface course, tack coat (SS-1), vibratory hand roller, surface preparation, preformed and raised pavement markings, kraft brown paper - 36 inch wide 40-lb paper to keep curb & gutter clean, and all materials, labor, equipment and incidentals necessary to complete the work. •— The unit price per bid per each will be full compensation for all labor, equipment, material, tools, and all incidentals necessary to complete the work. PAY ITEM NO.21 — Water Valve Box Adjustment With Steel Riser: This item shall include adjusting the tops of existing water valve with steel riser manufactured by American Highway Products or approved equal by the construction engineer to match proposed grade, steel water valve riser shall be placed at the time of paving. SP-39 Specifications and details of steel water valve riser (included at the end of this document), and Standard Specification Item No. 450 "Adjusting Manholes, shall apply except as herein modified. Contractor will be responsible for adjusting water valve boxes to match new pavement grade, the water valves themselves will be adjusted by City of Fort Worth Water Department forces. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing water valve boxes. The Engineer will field verify this inventory and provide the Contractor replacements for broken valve boxes. The contractor shall replace the valve boxes, which are damaged during construction at no cost to the City. Failure of the contractor to perform this inventory will place the total burden of replacement of any broken valve box on the contractor. The unit price bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO.22 — Water Valve Box Adjustment With Concrete Collar: This item shall include adjusting the tops of existing water valve with concrete collar to match proposed grade as shown on the detail at the back of this document or as directed by the Engineer. The concrete collar will be used only in case of steel He riser CAN NOT be used as determined by the engineer. Standard Specification Item Nos. 450 "Adjusting Manholes and Inlets" and 406 "Concrete for Structures" shall apply except as herein modified. Contractor will be responsible for adjusting water valve boxes to match new pavement grade, the water valves themselves will be adjusted by City of Fort Worth Water Department forces. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing water valve boxes. The Engineer will field verify this inventory and provide the Contractor replacements for broken valve boxes. The contractor shall replace the valve boxes, which are damaged during construction at no cost to the .City. Failure of the contractor to perform this inventory will place the total burden of replacement of any broken valve box on the contractor. SP-40 The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. Work shall be completed within five. (5) working days after completing the laying of proposed H.M.A.C., and, street shall be open to traffic within seven (7) working days. If the contractor fails to complete the work and within seven (7) working days, a $100 dollar liquidated damage will be assessed per each water valve box per day. The pre bid unit price per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. u PAY ITEM NO.23 — Water Meter Box Adiustment: This item only applies when the adjacent curb and gutter has been removed and replaced and has been authorized by the assigned inspector. The adjustment shall include raising or lowering the existing water meter box to the proper grade. The pre bid unit price per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 24 — Manhole Adiustment With Steel Riser: This item shall include adjusting the tops of existing manhole with steel riser manufactured by American Highway Products or approved equal by the construction engineer to match proposed grade, the steel manhole riser shall be placed at the time of paving. Specifications and details of steel manhole riser (included at the end of this document), and Standard Specification Item No. 450 "Adjusting Manholes, shall apply except as herein modified. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing manholes. The Engineer will field verify this inventory and provide the Contractor replacements for broken manhole covers. The contractor shall replace the manhole covers which are damaged during construction at no cost to the City. Failure of the contractor to perform this inventory will place the total burden of replacement of any broken frame and cover on the contractor. SP-41 Should the contractor identify any utility manholes other than those owned by the City of Fort Worth, TX, the contactor is encouraged to contact the owner and arrange the adjustment of the manhole cover. Payment for the work will be made by the individual Franchise Utility Company. The contractor is not entitled to any additional compensation or renegotiation with the City associated with the construction of this work. The unit price bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 25 — Manhole Adiustment With Concrete Collar: This item shall include adjusting the tops of existing manhole with concrete collar to match proposed grade as shown on the detail at the back of this document or as directed by the Engineer. The concrete collar will be used only in case of steel rig riser CAN NOT be used as determined by the engineer. Standard Specification Item Nos. 450 "Adjusting Manholes and Inlets" and 406 "Concrete for Structures" shall apply except as herein modified. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. Work shall be completed and street open to traffic within seven (7) working days. If the contractor fails to complete the work within seven (7) working days, a $100 dollars liquidated damage will be assessed per each manhole per day. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing manholes. The Engineer will field verify this inventory and provide the Contractor replacements for broken manhole covers. The contractor shall replace the manhole covers .w which are damaged during construction at no cost to the City. Failure of the contractor to perform this inventory will place the total burden of replacement of ,any broken frame and cover on the contractor. i SP-42 Included as part of this pay item shall be the application of a cold -applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections, as per current City Water Department Special Conditions. Should the contractor identify any utility manholes other than those owned by the City of Fort R Worth, TX, the contactor is encouraged to contact the owner and arrange the adjustment. of the manhole cover. Payment for the work will be made by the individual Franchise Utility Company. The contractor is not entitled to any additional compensation or renegotiation with the City associated with the construction of this work. The unit price bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO.26 — Paintinp_ House Addresses: This item shall include painting of house addresses on curb or driveway radiuses that are removed and replaced in this contract ■ All materials shall be of recent product, and suitable for its intended purpose. ■ Surface preparation and application shall be in strict compliance with manufacturer's recommendations. ■ The paint shall NOT be applied; if the new concrete curb has aged less than a minimum of 28 days, and if weather condition may harm or damage the finish surface. ■ The background paint shall be equal to or exceed #5160 White Latex Striping paint manufactured by Kwal Paint or approved equal. ■ The letters paint shall be equal to or exceed #6306 Black Latex Exterior paint manufactured by Kwal Paint or approved equal. • The minimum size for the background shall be 6" high x 16" long, and the minimum size for the letters shall be 4" high. The unit price bid per each will be full compensation for all labor, material, tools, and incidentals necessary to complete the work. PAY ITEM NO.27 — St. Augustine Grass Sod Replacement: PAY ITEM NO.28 — Bermuda Grass Sod Replacement: SP-43 Pay items No. 27 and No. 28, shall consist of the replacements of a like grass sod that was removed under this contract due to the removal and replacement of driveways and curb and gutters as determined by the Engineer. All materials shall be of recent production, and suitable for there intended purpose. Sod Products Specifications: ■ Sod shall consist of live and growing grass. ■ Grass shall have a healthy, virile root system of dense, thickly matted roots throughout an approximately one- (1) inch minimum thickness of native soil attached to the roots. ■ Sod will be free from obnoxious weeds or other grasses and be free from any deleterious matter that might the growth of the grass. ■ Sod material must be kept moist from the time it is dug until planted. Sod Installation Specifications: ■ The area to be sodded shall be determined by the City. ■ The sodded area shall be smoothed down. • The sodded area shall be thoroughly watered immediately after it is planted. The unit price bid per square yard will be full compensation for all labor, material, tools, and incidentals necessary to complete the work. PAY -ITEM NO.29 — Mobilizations: This item shall compensate the Contractor to remobilize personnel, equipment, supplies, and material to perform additional work as directed by the Engineer. Remobilization will be considered when concrete "Flat -work" has been completed, personnel and equipments were demobilized, and the street is clean and ready for overlay. Remobilization shall be determined by the Engineer. Requests for reimbursement of remobilization expenses shall be denied unless prior approval is granted by the Engineer. The unit price per bid per each will be full compensation for all labor, equipment, material, tools, and all incidentals necessary to complete the work. - END OF SECTION SP-44 NOTE: THIS SPECIFICATION HAS BEEN MODIFIED TO DELETE NON - APPLICABLE ITEMS FOR USE AS A GUIDE SPECIFICATION FOR CITY STREETS.' Item 360 CONCRETE PAVEMENT 300.1. Description. Construct Portland cement concrete pavement with or without curbs on the concrete pavement 300.2. Materials. A. Portland Cement Concrete. Provide Portland cement concrete to meet a minimum compressive strength of 3,0d0 psi at 28 days; unless shown otherwise in the contract do.cuments. Use Class A concrete for curbs that are placed separately from the pavement. Provide concrete that is workable and cohesive, possesses satisfactory finishing qualities, and conforms to the mix design and mix design slump. B. Reinforcing Steel. Provide Grade 60 deformed steel for bar reinforcement. Provide approved positioning and supporting devices (baskets and chairs) capable of securing and holding the reinforcing steel in proper position before and during paving. Provide corrosion protection when shown on the plans. 1. Dowels. Provide Grade 60 smooth, straight dowels of the size shown on the plans, free of burrs or deformations. Coat dowels with a thin film of grease or other approved de -bonding material. Provide dowel caps, on the lubricated end of each dowel bar used in an expansion joint. Provide dowel caps filled with a. soft compressible material with enough range of movement to' allow complete closure of the expansion joint. 2. Tie Bars. Provide straight deformed steel tie bars. Provide either multiple -piece tie bars or single -piece tie bars as shown on the plans: Provide multiple -piece tie bars composed of 2 pieces of deformed reinforcing steel With a coupling capable of developing a minimum tensile strength of 126% of the design yield strength of the deformed steel when tensile -tested in- the assembled configuration. Provide a minimum length of 33 diameters of the deformed steel in each piece, C. Curing'Materials. Provide Type 2 membrane curing compound conforming to DMS-4650, 'Portland Cement Concrete Curing Materials and Evaporation Retardants D. Epoxy. Provide Type III epoxy in accordance with DMS-6100, "Epbxies and Adhesives,' for installing all drilled -in reinforcing steel. E. Evaporation Retardant. Provide evaporation retardant conforming to DMS-4650, 'Portland Cement Concrete Curing Materials and Evaporation Retardants! F. Joint Sealants and Fillers. Provide Class 5 or Class 8 joint -sealant materials and fillers unless otherwise shown on the plans or approved and other sealant materials of the size, shape, and type shown bn the plans in accordance with DMS-6310, Joint Sealants and Fillers.° 300.3. Equipment. Furnish and maintain all equipment in good working condition. Use measuring, mixing, and delivery equipment conforming to the requirements of item 421, 'Portland Cement Concrete.' Obtain approval for other equipment used. Q?_� WWV qW dw A. Placing, Consolidating, and Finishing Equipment. Provide approved self- propelled paving equipment that uniformly distributes the concrete with minimal segregation and provides a smooth machine -finished consolidated concrete pavement conforming to plan line and grade. Provide an approved automatic grade control system on slip -forming equipment. Provide approved mechanically operated finishing floats capable of producing a uniformly smooth pavement surface. Provide equipment capable of providing a fine, light water fog mist. Provide mechanically operated vibratory equipment capable of adequately consolidating the concrete. Provide immersion vibrators on the paving equipment at sufficiently close intervals to provide uniform vibration and consolidation of the concrete over the entire width and depth of the pavement and in accordance with the manufacturer's recommendations. Provide immersion vibrator units that operate at a frequency in air of at least 8,000 cycles per minute. Provide enough hand -operated immersion vibrators for timely and proper consolidation of the concrete along forms, at joints and in areas not covered by other vibratory equipment. Surface vibrators may be used to supplement equipment -mounted immersion vibrators. Provide tachometers to verify the proper operation of all vibrators. For small or irregular areas or when approved, the paving equipment described in this Section is not required. B. Fortning Equipment. 1. Pavement Forms. Provide metal or wood side forms of sufficient cross-section, strength, and rigidity to support the paving equipment and resist the impact and vibration of the operation without visible springing or settlement. Use forms .that are free from detrimental kinks, bends, or warps that could affect ride quality or alignment. Provide flexible or curved metal or wood forms for curves of 100-ff. radius or less. .2. Curb Forms. Provide curb forms for separately placed curbs that are not slipformed that conform to the requirements of Item 529, "Concrete Curie, Gutter, and Combined Curb and Gutter." C. Reinforcing Steel Inserting Equipment. Provide inserting equipment that accurately inserts and positions reinforcing steel in the plastic concrete parallel to the profile grade and horizontal alignment in accordance to plan details. D. Texturing Equipment. 1. Carpet Drag. Provide a carpet drag mounted on a work bridge or a moveable support system. Provide a single piece of carpet of sufficient transverse length to span the full width of the pavement being placed and adjustable so that a sufficient longitudinal length of carpet is in contact with the concrete being placed to produce the desired texture. Obtain approval to vary the length andwidth of the carpet to accommodate specific applications. Use an artificial grass -type carpet having a molded polyethylene pile face with a blade length of 5/8 in. to 1 in:, a minimum weight of 70 oz. per square yard, and a strong, durable, rot - resistant backing material bonded to the facing. ' 2. Tining Equipment. Provide a self-propelled transverse metal tine device equipped with 4-in. to 6-in. steel tines and with cross-section approximately 1132 in. thick by 1112 in. wide, spaced at 1 in., center -to -center. Hand -operated tining equipment that produces an equivalent texture may be used only on small or irregularly shaped areas or, when permitted, in emergencies due to equipment breakdown. (-I?,2 E. Curing Equipment. Provide a self-propelled machine for applying membrane curing compound using mechanically pressurized spraying equipment with atomizing nozzles. Provide equipment and controls that maintain the required uniform rate of application over the entire paving area. Provide curing equipment that is independent of all other equipment when production rates are such that the first application of membrane curing compound canndt be accomplished immediately after texturing and after free moisture has disappeared. Hand -operated pressurized spraying equipment with atomizing nozzles may only be used on smaff or irregular areas or, when permitted, in emergencies due to equipment breakdown. F. Sawing Equipment. Provide power -driven concrete saws to saw the joints shown on the plans. Provide standby power -driven concrete saws during concrete sawing operations. Provide adequate illumination for nighttime sawing. G. Grinding Equipment. When required, provide self-propelled powered grinding equipment that is specifically designed to smooth and texture concrete pavement using circular diamond blades. Provide equipment with automatic grade control capable of grinding at least a 3-ft. width longitudinally in each pass without damaging the concrete. 300.4. Construction. Obtain approval for adjustments to plan grade -line to maintain thickness over minor subgrade or base high spots while maintaining clearances and drainage. Maintain subgrade or base in a smooth, clean, compacted condition in conformity'with the required section and established grade until the pavement concrete is'placed. Keep subgrade or base damp with water sufficiently in advance of placing pavement concrete. Adequately light the active work areas for all nighttime operations, if required. A. Reinforcing Steel and Joint Assemblies. Accurately place and secure in 'posifion all reinforcing steel as shown on the plans. Place dowels at mid -depth of the pavement slab, parallel to the surface. Place dowels for transverse contraction joints parallel to the pavement edge. Tolerances for location and alignment of dowels will be shown on the plans. Stagger the longitudinal reinforcement splices to avoid having more than 1/3 of the splices within a 2-ft. longitudinal length of each lane of the pavement Use multiple -piece tie barg or drill and epoxy grout tie bars at longitudinal construction joints. 1. Manual Placement. Secure reinforcing bars at alternate intersections with wire ties or locking support chairs. Tie all splices with wire. 2.. Mechanical Placement if mechanical placement of reinforcement results in steel misalignment or improper location, poor concrete consolidation, or other inadequacies, complete the work using manual methods. B. Joints. install joints as shown on the plans. Clean and seal joints in accordance with Item 438, 'Cleaning and Sealing Joints and Cracks (Rigid Pavement and Bridge Decks).' Repair excessive spalling of the joint saw groove using an approved method before installing the sealant. Seal all joints before opening the pavement to all traffic. When placing of concrete is stopped, install a rigid transverse bulkhead, accurately notched for the reinforcing steel and shaped accurately to the cross- section of the pavement 1. PIacing Reinforcement at Joints. Where the plans require an assembly of parts at pavement joints, complete and place the assembly at the required location and elevation with all parts rigidly secured in the required position. Accurately notch -- joint materials for the reinforcing steel. C P --3 2. Curb Joints. Provide joints in the curb of the same type and location as the adjacent pavement. Use expansion joint material of the same thickness, type, and quality required for the pavement and of the section shown for the curb.' Extend expansion joints through the curb. Construct curb joints at all transverse pavement joints. For. non -monolithic curbs, place reinforcing steel into the plastic concrete pavement as shown on the plans unless otherwise approved. Form or saw the weakened plane joint across the full width of concrete pavement and through the monolithic curbs. C. Placing and Removing Forms. Use clean and oiled forms. Secure forms on a base or firm subgrade that is accurately graded and that provides stable support without deflection and movement by form riding equipment. Pin every form at least at the middle and near each end. Tightly join and key form sections together. to prevent relative displacement. Set side forms far enough in advance of concrete placement to permit inspection. Check conformity of the grade, alignment, and stability of forms immediately before placing concrete, and make all necessary corrections. Use a straightedge or other approved method to test the top of forms to ensure that the ride quality requirements for the completed pavement will be met. Stop paving operations if forms settle or deflect more than 118 in. under finishing operations. Reset forms to line and grade, and refinish the concrete surface to'correct grade. Avoid damage: to the edge of the pavement when removing forms. Repair damage resulting from form removal and honeycombed areas with a mortar mix within 24 hr. after form removal unless otherwise approved. Clean joint face and repair honeycombed or damaged areas within 24 hr. after a bulkhead for a transverse construction joint has been removed unless otherwise approved. When forms are removed before 72 hr. after concrete placement, promptly apply membrane curing compound to the edge of the concrete pavement. Forms that are not the same depth as the pavement but are within 2 in. of that depth are permitted if the subbase is trenched or the full width and length of the form base is supported with a firm material to produce the required pavement thickness. Promptly repair the form trench after use. Use flexible or curved wood or metal forms for curves of 100-ft. radius or less. D. Concrete Delivery. Clean delivery equipment as necessary to prevent accumulation of bid concrete before loading fresh concrete. Use agitated delivery equipment for concrete designed to have a slump of more than 5 in. Segregated concrete is subject to rejection. Place agitated concrete within 60'm1n. after batching. Place no concrete within 45 min. after batching. In hot weather or under conditions causing quick setting of the concrete, times may be reduced by the Engineer. Tme limitations may be extended if the Contractor can demonstrate that the concrete can be properly placed, consolidated, and finished without the use of additional water. E. Concrete Placement. Do not allow the pavement edge to deviate from the established paving line by more than 1/2 in. at any point. Place the concrete as near as possible to its final location, and minimize segregation and rehandling. Where hand spreading is necessary, distribute concrete using shovels. Do not use rakes or Vibrators to distribute concrete. 1. Pavement. Consolidate all concrete by approved mechanical vibrators operated on the front of the paving equipment. Use immersion -type vibrators that simultaneously consolidate the full width of the placement when machine . . finishing. Keep vibrators from dislodging reinforcement. Use hand -operated If � P^ L( r_ vibrators to consolidate concrete in areas not accessible to the machine -mounted vibrators. Do not operate machine -mounted vibrators while the paving equipment is stationary. 2. Temperature Restrictions. Place concrete that is between40°F and 95°F at the time of discharge, except that concrete may be used if it was already in transit when the temperature was found to exceed the allowable maximum. Take immediate corrective action or cease concrete production when the concrete temperature exceeds 95°F. Do not place concrete when the ambient temperature in the shade is below 40T and failing unless approved. Concrete may be placed when the ambient temperature in the shade is above 35°F and rising or above 40°F. When temperatures warrant protection against freezing, protect the pavement with an approved insulating material capable of protecting the concrete for the specified curing period. Submit for approval proposed measures to protect the concrete' from anticipated freezing weather for the first 72 hr. after placement. Repair or replace all concrete damaged by freezing. F. Spreading and Finishing. Finish all concrete pavement with approved self- propelled equipment. Use power -driven spreaders, power -driven vibrators, power - driven strike -off, and screed, or�approved altemate equipment. Use the transverse finishing equipment to compact and strike off the concrete to the required section and grade without surface voids. Use float equipment for final finishing. Use concrete with a consistency that allows completion of all finishing operations without addition of water to the surface. Use the minimal amount of water fog mist necessary to ' maintain a moist surface. Reduce fagging if float or straightedge operations result in excess slurry. 1. Finished Surface. Perform sufficient checks with long -handled 10-ft. and 15-f . straightedges on the plastic concrete to ensure that the final surface is"within the tolerances specified in the contract documents. Check with the straightedge parallel to the centerline, 2. Maintenance of Surface Moisture. Prevent surface drying of the pavement before application of the curing system. Accomplish this by fog applications of evaporation retardant on the pavement surface. Apply evaporation retardant at . the rate recommended by the manufacturer. Reapply the evaporation retardant as needed to maintain the concrete surface in a moist condition until curing system is applied. Do not use evaporation retardant as a finishing aid. 3. Surface Texturing. Perform surface texturing using a combination of a carpet drag and metal tining, if required by the contract documents. Complete final texturing before the concrete has attained its initial set. Draw the carpet drag longitudinally along the pavement surface with the carpet contact surface area adjusted to provide a satisfactory coarsely textured surface. Operate the metal -tine device to obtain grooves spaced at 1 in., approximately 3f16 in.'deep, with a minimum depth of 1/8 in., and approximately 1/12 in. wide. Do not overlap a previously tined area. Use manual methods for achieving similar results on ramps and other irregular sections of pavements. Repair damage to the edge of the slab and joints immediately after texturing. Do not fine pavement that will be overlaid.. 4. Small or irregular Placements. Where machine placements and finishing of concrete pavement are not practical, use hand equipment and procedures that produce a consolidated and finished pavement section to the line and grade. S. Emergency Profdures- Use hand -operated equipment for applying texture, evaporation retardant, and cure in the event of equipment breakdown. G, Curing. keep the concrete pavement surface from drying by water fogging until the curing material has been applied. Maintain and promptly repair damage to curing materials on exposed surfaces of concrete pavement continuously fnr at least 3 curing days. A curing day is defined as a 24-hr. period when either fhe temperature taken in the shade away from artificial heat is above SOT for at bast 19 hr. or when the surface temperature of the concrete is maintained above 40'F for 24 hr. Curing begins when the concrete curing system has been applied. Stop concrete paving if curing compound is not being applied promptly and maintained adequately. Other methods of curing in accordance with Item 420, `Concrete Structures' may be used when specified or approved. 1. Membrane Curing. After texturing and immediately after the free surface moisture has disappeared, spray the concrete surface unlfonniy with 2 coats of membrane curing compound at are ind-nriduai application rate of not more than 180 sq. ft. per gallon. Apply the first cat within 10 min. after completing texturing operations. Apply the second coat within 30 min. after completing to ftdng operations. Before and during application, maintain curing compounds In a uniformly agitated condition, free of settlement Do not thin or dilute the curing compound. Where the coating shows discontinuities or other defects or if rain falls on the newly coated surface before the film has dried enough to resist damage, apply addiflonal compound at the same rate of coverage to correct the damage. F-nsune that the airing compound ronts the sides of the fining grooves. H. Sawing Joints. Saw joints to the depth shown on the plans as soon as sawing can be accompGshod without damage to the pavement regardless of time of day or weather Conditions. Some minor raveling of the saw cut is acceptable. Use a chalk line, string fine, sawing template, or other approved method to provide a true joint alignment. Provide enough saws to match the psving production rate to ensure sawing completion at the earnest possible time to avoid uncontrolled cracking. Reduce paving production if necessary to ensure timely sawing of jo'inta. Promptly restore membrane cure damaged within the first 72 hr. of curing. 1. P'roteWon of Pavement and Opening to Trafric. Testing for early opening is the responsr"bii`rty of the Contractor regardless of job -control testing responsibilities unless otherwise shown in the plans or directed. Testing result interpretation for opening to traffic is subject to the approval of the Engineer. 1. Protection of Pavement Erect and maintain barricades and other standard and approved devices that will exclude all vehicles and equipment from the newly placed pavement for the periods specified. Before opening to traffic, protect the pavement from damage due to crossings using approved methods. Maintain an adequate supply of sheeting or otfi6r material to cover and protect fresh concrete surface from weather damage- Apply as needed to protect the pavement surface from weather. 2- Opening Pavement to Traffic. Before opening to traffic, dean pavement, place stable material against the pavement edges, seal joints, and perform all other traffic safety related work. C jP40 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 Project Hot Mix Asphalt Concrete Surface Overlay 2009-2 Community Development Block Grant Project at Various Locations and City of Fort Worth Project No. 01224. CONTRACTOR: r r + I :: 11 • . Title: e%uine u— Date: STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared arm+S�v I cs' known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that her, executed the same as the act and deed of .. for the purposes and consideration therein expressed and in the capacity therein Given Under My Hand and Seal of Office this /% day of , 200 . N taryublic in nd for the State Texas ri Leomflllssion AW14 BARNES R•' NOUNc, Sla" 01 texas l a5, 4012ues W M EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: EXPERIENCE RECORD List of projects your organization has successtully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award List of projects your organization is now engaged in completing: Amount Of Contract Award Type of Work Anticipated Date of Completion Name and Address of Owner List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Bond Amount of Bond Name and Address of Surety MW Bond# ASB509321 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Dirtco, d/b/a Styles Contracting , as Principal herein and (2) AMERICAN SAFETY CASUALTY INSURANCE COMPANY p a corporation organized and existing under the laws of the State of (3) OKLAHOMA , 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 amount of Seven Hundred Thirty Two Thousand, One Dollar and Sixty Cents Dollars ($732,001.60) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 20 day of February , 2009, 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: Hot Mix Asphalt Concrete Surface Overlay 2009-2 Community Development Block Grant Project at Various Locations TPW Project No. C293-641200-203620122483. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION iS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein, IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SiGNED and SEALED this 24t" day of February , 2009. 4IL.s ATTEST: (Principal) Secretary (S E A L) Wit ss as to Arincipal ATTEST: 4IA422�2WOA- Secrefiry LINDSAY K41TCHELL (SEAL} dd 4V/Vit- ss as to u e yMARILYN BRANC DIRTCO, D/B/A STYLES CONTRACTING PRINCIPAL By: .=:-�s-- Name: .1411e�rs Title: � ► vv - Address: 5625 EGG FARM RD. #1120 AMERICAN SAFETY CASUALTY INSURANCE COMPANY SURETY By: JA O A Name: Attorney in Fact Address: 2255 RIDGE RD. #333 ROCKWALL, TX 75087 Telephone Number: NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety 972-771-4071 Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. Bond# ASB509321 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Dirtco, dlbla Styles Contracting as Principal herein, and (2) AMERICAN SAFETY CASUALTY INSURANCE COMPANY a corporation organized under the laws of the State of (3) OKLAHOMA , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Seven Hundred Thirty Two Thousand, One Dollar and Sixty Cents Dollars ($732,001.60)for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 24t' day of February , 2009, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of Hot Mix Asphalt Concrete Surface Overlav 2009-2 Community Development Block Grant Prolect at Various Locations TPW Prolect No. C293-641200-203620122483. NOW, THEREFORE, 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 Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 24t' day of February , 2009. no ATTEST: (Principal) Secretary (SEAL) WitnesX as to Principa ATTE T: (-P SecreYary LINDSAY M CHELL (SEAL) DIRTCO, D/B/A STYLES PRINCIPAL By. Name: -;-?r Title: ir Address: 5625 EGG FARM RD. #1120 KELLER, TX 76248 AMERICAN SAFETY CASUALTY INSURANCE COMPANY SURETY By: Name: AY#R(A Attorney in Fact Address: 2255 RIDGE RD. #333 ROCK HALL, TX 75087 MsS to r y MARILYN BRANCH Telephone Number: 972-771-4071 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. Bond# ASB509321 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § - KNOW ALL BY THESE PRESENTS: That Dirtco, d/b/a Styles Contractinq ("Contractor), as principal, and, AMERICAN SAFETY CASUALTY INSURANCE COMPANY a corporation organized under the laws of the State of OKLAHOMA , ("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 Seven Hundred Thirty Two Thousand, One Dollar and Sixty Cents Dollars ($732,001.60) 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 24 h of February , 20 09, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Hot Mix Asphalt Concrete Surface Overlav 2009-2 Community Development Block Grant Proiect at Various Locations the same being referred to herein and in said contract as the Work and being designated as project number(s) TPW Project No. C293-541200-203620122483 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 2 (Two) 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 Transportation and Public Works, 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 IMI .. MR Bond# ASB509321 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 24t' day of February , A.D. 2009. ATTEST: (Principal) Secretary (SEAL) Witness A to Principaf ATTEST:_41nj�Ltu /� n Secretary YINDSAY MITCHELL (SEAL) i es as to urety MA ILYN BRANC DIRTCO, D/B/A STYLES CONTRACTING PRINCIPAL By: Name: � Title: Address: 5625 FARM RD. #1120 KELLER TX 76248 AMERICAN SAFETY CASUALTY INSURANCE COMPANY SURETY By: Name: DA 9 Attorney in Fact Address: 2255 RIDGE RD. #333 ROCKWALL TX 75087 Telephone Number: 972-771-4071 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated, in addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. NW BU 509321 POWER OF ATTORNEY AamtaFrnmSvrrrMstmtarce - SNOW ALL MEN BY MUSE 11l OMM, 04 Aate$aaa 8atety t3as UW Insrarot Corapney to mgdR, eoaNNeiii ad affoAsk Bed by am Nana does a ke. caasht■te and appoints Richard W. Daiker, Tony Fierro, Johnny Moss, Jay Jordan of Rockwall Tex4s Randall S. McClelland, Richard W. Daiker; Tony Fierro of El Paso, Texas is acre and lawful wormy W 1laat, fork atmWlil omit, place, and stead to eltoaae on behalf of the said Company, as sarety, bonds. usderating and o ir" of sumcyship ttr be girea to (�rrlar%llxa provided list no bend or uadertal3o= or amatnact of suretyship► executed trader this authority shall exceed in amount the sum of ***THREE MILLION*`*(0,000,000.00) DOLLARS — This pewee of Atsorney a vaaad ad is id poilissi waled by faesise littader acid bylautbodWatik follmat RetoMostatiapamdir tbra bosmi ct0woors of the Cusnpmy on the Eighth day of Sepeetoba. 7AOCi. RFSOLVEii, to the Presldem is oonjm don with the Secretary or any Assistant Secretary say appoint ateomeys-in-Gct or spots with authority as defiaw or limited is die lummeat e0afaciog the apptuoanclat IsON*can% for ad oa beta& f of Oro. Coupon% to es aft end AAva and Affix 00 ,assl of -to C:oarpeey to bonds, uaadsrtalcmugs. mvojpl amerces, and sweryst>;p obfigntiws afdl'Nods; and aahiofrtCas may smmvaaay amrmh a[aotacy in fact or agtsx wd[verin�avia r Pow ofatsvrrary prcnonsly granttd ry such p ermos. RESOLVED FURTHM that any bond, nada ftkisq , recopmance. or suretyship obligation don be valid and bi adiag upon the Company (i) wben signed by the president or any Vice -President sod attested and sealed (if a seal be m pired) by any Secretary or Assistant Secretary or pi) when signed by the President or any Vice-president or Secretary or Anispaa Seadca), ad t.00aser 4pW mad mobtl (if a seal be required) by a or agent: or (iti) when duly executed and saled (if a seal be roger by ooe a mare atmnwpin-fat or ap*pwm mt w and witfim the H Mu of Iht di :PW=ocd by the power M'samncy issued by the Company lo sneb person or persons. RESOLVED FURTHE& that the sip ature of my authorized officer and the seal of the Comp wy may be afrued by facsimile to my power of attorney or certification ahtmof sutharWiag the exacation sad delivery of any band, andataking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall haye time same farce ima affects as sough taannalhyaf tad. IN WITW55 VVFh]}RW?, Armncan Sdfdr Caaaally Insurance Company lIMk1R«aW INOMMOW10 be ►ereuWo 11111111,4 "be signed by its Pmsldeat and aucFted try its Scumury this Eighth day of Septeeaber, 2003, Attest ► . SecreLry i+a. '<. Stephen IL Ctim, president STATE OF GEORGIA co" 41 o l.V ll K Oa ch6 E01h day off. kpttmbtf. 2003, before at persaoally Came Stephen R. Otim, to me known, who, btktg tly ftw duty swormm, did depose and say that he is the Pnuidcot of American Safay Ca� lnsurana Company, the Corporation described in and which exeCaled d* above mmatnrtamr, mat he kz ws the seal of the said eorporatim; that the seal affixed to the said imaumem is such eaporate pat, that it was so affixed by order of the Board cf Direness of zmid corpo mtim and that he signed his name thereto by trice order- � 5��;�' Ruth _ Bankpglt.IiogryPliblic 1, tell undErsigntd, $air of American Safety Casualty InswaneC Compact), aOldaiona corporation, DO HEMY C== Pbwcr of AMPMEy rMURiM ono full fora and has not been revoked; and fmtherraore that du R,aohaion of tie Board 43MOC10111, sd t" ink (viv- ',y,N1NiIN 1 Signed and Sealed at the Cay of AtImW in the Stan of Georgia ► . w+ Dated tlta day One foie and attached id power of Aw weed, is now I 1 1,117 20D� ORIG IKA L S 01 11 WS JNYA L-Al 01- A L L OR N EL ARE PRINTED wan P RED KUtr IAFT'ALN!1G lop i_ '- IALL HAVE THE SAMF FORCE AND EFFECT AS AN ORIGINAL ONLY tt'1IF- N 1:1) i�, "O'N-N'4'K;tNAI CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 24th day of February , 20 09 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 (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and Dirtco, d/b/a Styles Contracting 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: HOT MIX ASPHALT CONCRETE SURFACE OVERLAY 2009-2 COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT AT VARIOUS LOCTIONS Designated as project number: C293-541200-203620122483 . 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Transportation and Public Works Department 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 Transportation and Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 110 (One Hundred Ten) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 315.00 per calendar day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. M 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 ne_gli_gence or alleged ne_a i_gence 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 C-2 Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. 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 and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Government Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent (100%) 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. w Rj Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in by -weekly a installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be SEVEN HUNDRED THIRTY TWO THOUSAND, ONE DOLLAR AND SIXTY CENTS $732,001.60 C-3 Il It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Transportation and Public Works Department. 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 copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 6 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six 6 counterparts with its corporate seal attached. C-4 Done in Fort Worth, Texas, this the 2e day of February , 2009 APPROVED: CITY OF FORT WORTH c�iirr�.�ir L�rwG--• DIRECTOR, RANSP ATION AND ASSISTANT CITY MANAGER PUBLIC WORKS DEPARTMENT w go �rtcfl clE���-, Contractor w BY: eprese live) (TITLE) (Address) w (City/State/Zip) Revised June 2008 =1 ATTEST: CITY SECRE RY (SEAL) Contract Authorization Date APPROVED LEGALITY" ASSI'TANT TO FORM & I_1 LA GREEN CEMENT POLICY COMPLIANCE STATEMENT (To be furnished by the Contractor to the City at the time of bid opening) (Submit separate forms for each supplier / product supplier) Name of Project: City Proj. No.: This is to certify that the cement to be utilized for the above project will meet the following criteria: The cement was manufactured in a kiln utilizing the dry process (list source below) or in a kiln that meets the emission standard of 1.71b or less of NOx / ton of clinker released into the atmosphere. Name of Manufacturer �X.1. Address of Manufacturer: CONTRACTOR �G.t p Name Tine r �COL!��MpCa Phone Number SUPPLIER Au,'� "*c Awek--�, Name � " --"/' W4 Tine Company k/ ? FJ- lDO Phone Number a Project Name: City Project Number: Street Maintenance Work Notice As a part of the City of Fort Worth's street Maintenance Program, has been contracted to repair your street. During the maintenance work, there will be a brief time that you may not have access to your residence or business. On the day specified below, vehicles can not be parked on the street. Also, please turn off your sprinkler adjacent to the street. If you have any questions or concerns, please contact contractor at If we are not able to resolve your concerns to your satisfaction, you may contact City of Fort Worth Inspector at Monday — Friday between 7:30 AM and 4:30 PM After 4:30 PM and on weekends, call (817)392-8100 Expected Construction dates Block Limits Street Name Project Limits (Weather Permitting) 1100-1200 Brown street Yates Ave to Keller Springs Pkwy From 5/5/08 to 5/29/08 Nombre del proyecto: Numero del proyecto: Notificacion del Mantenimiento de la Calle Como parte del programa de mantenimiento de las Calles de la Ciudad de Fort Worth, ha sido contratado para reparar su calle. Durante este trabajo de mantenimiento, Habra un tiempo breve en que no tenga acceso a su hogar o negocio. En los dias especificados abajo, vehiculos no deben estacionarse el la calle. Tambien, por favor apague su sistema de regar el cesped cerca de la calle. Si tiene alguna pregunta o preocupacion, por favor llame al contratista al Si no resuelve su preocupacion a su satisfaccion, puede tambien llamar a la Oficina de inspeccion de la Ciudad de Fort Worth al , de lunes a viemes entre las 7:30 AM y 4:30 PM Despuds de las 4:30 PM o en los fines de semana llame al (817) 392-8100 Limites de la cuadra Nombre de la Calle limites de proyecto Fechas de construccion permitiendo el estado de tiempo 1100-1200 Brown Street Yates Ave a Keller Springs Pkwy de 5/5/08 a 5/29/08 i PROJECT DESIGNATION SIGN 41_01I 3'':STREET MAINTE ACE 3T PROGRAMS 3 1'/2 1Contractor: ,/2 2 Contractor's Name- , /2 11/2' TELEPHONE NUMBER 161/2" FORT WORTH IN LOGO- CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD LOGO COLORS: FORT WORTH - PMS 288 LONGHORN LOGO- PMS 167 A fr Manhole Riser "0" Dia. Hole h 302 Stainless s1 Roll Pin Cross Section view �-- 10 or 12 gage G90 galvanized steel Height new asphalt overlay �� 3/4" thick riser bar Expanding Linkalae " 17/64" Diameter holes 6 C>2- 5 3/4 O.D. O 5/8"T -9: 4 11411 3/8" I. D. 3/8" - 16 Thread Item Item Material Description Tensile Tensile Number Description Yield Ultimate 1 3/8" Roll Pins 302 Stainless Steel 14,000 LB Double Shea 51= 2 Simi Skirt 12 or 10gage A.I.S.I. 1020 Steel (A-36) G-90 Galvanized 33,000 P.S.I. 60,000 P.S.I. 3 Weld 65°/P70%ciraunfem=welded 75,000 P.S.I. 85,000 P.S.I. 4 3/4" wide Riser Bar Hot Rolled Steel AI.S.I. 1020 A-36 33,000 P.S.I. 60,000 P.S.I. 5 Rod Ends Forging A.I.S.I. C-1030 Steel Heat Treated BHN 240 Zinc Plated with Dichromate Finish 70,000 P.S.I. 92,000 P.S.I. tS Tumbudcle A-I.S.I. 1020 BHN 149 Zinc Plated cb in Linebacker rust inhibitor 70,000 P.S.I. 80,000 P.S.I. Water. - valve Riser Cross Section view 12 gage G90 galvanized steel new asphalt overlay 3/8" D.O.M. Tube Item item Material Description Tensile Tensile Number Description Yield Ultimate 1 Steel Skin 12 gage A.I.S.I. 1020 Steel (A-36) G-90 Galvanized 33,000 P.S.I.E87,000 .I. 2 Weld Lincoln Outershei)d 71 Elite .045 75,000 P.S.I.,I. 3 3/8" wide DAM Tubc D. 0. M. Tube A.1.S.1. 1026 A513 type 5 72,000 P.S.I..I. l 1 1 1 T T PLAN VIEW BACK OF CURB BACK OF CURB \ ti (Min. 30' - Max 40') 2' (Varies) 2'- 7.5" 6' - 3' 2'- 7.5" (Varies) 2' ( TYP-) (T)P.) ( Typ. ) 12" WHITE HOT TAPE (OR EQUIVALENT) Striping and reflectors to be install by the Contractor T T THeight: Ramp Gradient: Side Gradient: 12" WHITE HOT TAPE (AVERY DENNISON OR EQUIVALENT) WHITE TYPE 11 1-SIDED REFLECTORS Overall len,s Overallth width 3-1/2 inches 8.57 in 1 (30 inches / 3-1/2 inches height) DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS CITY of 3.43 in 1 (12 inches / 3-1/2 inches heigh TRAFFIC ENGINEERING FORT WORTH SPEED CUSHIONS AJB January 15, 1004 DRAWING NOT TO SCALE J i COLLAR CONFIGURATION COLLAR CONFIGURATION FOR PAVED AREA IN UNPAVED AREA 4'-0" (MANHOLE) 2'—D" (WATER VALVE) (8) #4 BARS, PLACED AS SHOWN. USE CLASS. "A„ s.. CONCRETE. �-' .� �'.:4ti :.,1 3", TYF'. •.•.< 'l• • is 04 r1V J• Ji�'. 4i t . A 1 Ile PLAN VIEW CASE -CASE 3/4" # CHAMFER GRADE RINGS 3 MIN. NP. j '-PVMT. GROUND COLLAR : WMT.rr ;•:ter' ~ THICKNESS = . .,. :' •� ', ;.� .�: VARIES, 8" MIN. ; 2:27< SU$ BASE •? s';.� ,�: ;4-_ 2.: .. ,,•. :j<.. I �'i:` +%�•'., RAM NECK, TYP. C. CASE #1 COLLAR SHALL EXTEND TO "A BOTTOM OF 2:27 CONCRETE SECTION -A" (REBAR REQUIRED). CASE #2 COLLAR SHALL EXTEND 3" BELOW (MANHOLE COLLAR SHOWN) BOTTOM OF LOWEST GRADE RING (NOT TO SCALE) (REBAR REQUIRED). WORT CITY OF FORT WORTH, TEXAS DATE: 09/2004 QRT �T MANHOLE AND WATER VALVE CONCRETE COLLAR STR-028 A r RE FEET OFVALLEYTER MEASUREDM UCR-OF.CURBACK—OF—WR14 EXPANSION JOINTS TRAMSITIOII ARC A* TRA►a8tTI0M AREA (WIDTH AS REQUIRED) OVYMT MATCUT TER INO A JOINTS L-40. PLAN VIEW Not to scow Al ;Avert ad ators than rift deplk •ed ie /e#i tboe .L�'ie 010plh will be repelred it •all'folds rol/e'r Putter& Toe co*lrecfor alit De regalred to lost the CoMor with rater hoPore the job is sccq/ed• T'CONCRETE EXIST. N.M.AZ VALLEY PVM- i BASE GUTTER 2e&M-A.0 00.3 } 240 C-C TRANSITION N0.34 IaeC—C f O. d � - w .'�• IT PULA.0 -' — •t TRMSITION ITEM M0.102 T' EX IST. KM.At. 1/27 be OM f PYYY• ! BASE CONCRETE EASE Crushed C CONCRETE BASE Limestone sI-0e RESIDENTIAL STREETS SECTION 'A —At Not to Sea/e The 7 reinforced concrrte ralley ihallreplace the fop T."o✓ the porsmea ri!!i the remolaing portion of povement to be constructed /aclad/np subprodi frectmeiit, !n occordonce ,rllh the typlcol pavinp sectlon. The concrete roller rlll be poveroed according to city standard, for concrole curb and pulti4 The concrete sboll be of coshed and screened aggregate with u min. of flvt 15Jeoclo of cement per cubicyard Of concrete . With a minimum compressive strength of 3,000 pounds per square inch in seven days. CONCRETE VA L EY OF MILS or GROUND LINE !` I.S`MIN. FACE OF CURB SUITABLE MATERIAL TAMPED IN .� LIFTS NOT CURB AND O EXCEEDINC Vie, GUTTER eo 12" L 0 0 S E. TOP OF CURB Cy _z W AS H E O ROCK 12. OVERLAP - .PER ITEM 402. FILTER FABRIC PER PAY ITEM NO. 1la _ 0.3' 1.s' PIPE SHALL BE 6' PERFORATED POLYVINYL CHLORIDE TUBING PER ASTM D-1784 UNLESS SPECIFIED OTHERWISE. SUBDRAIN- CITY OF FORT WORTH. TEXAS -CONSTRUCTION STANDARD DRAWING NO. S—S II p10811r. DATE: $- 7-95 367 Addendum 3 ATTENTION: CURB RAMPS* SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58, 59 & __60. S ANDARD D- Al S CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD -OCTOBER, 1992, REDRAWN OCTOBER 2002 R.O.W. MONOLITHIC SIDEWALK CIRB . 4" STREET CURB LINES TO BE EwsTING PARK`NAY 1 /4" DEEP 9" 18" 4 JOINT; 4" GAP 1" R "4 o 4' SIDEW� CURB PAY LIMIT MAX_ LENGTH OF SURFACE TREATMENT (GROOVE) 5' FROM THE BACK OF CURB. EXPANSION - MATERIAL RECESSED 1/4" AND SEALED W/ SILICONE (APPLICABLE TO ALL COLD —JOINTS) NOTES TY P I CAL RAMP X - S E CT I 0 N 1. FOR PARKWAY WITH ELEVATION BELOW STREET ELEVATION, THE SIDEWALK CURB MUST BE. 2" CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD HIGHER THAN THE STREET CURB. OCTOBER, 1992, REDRAWN OCTOBER 2002 2. SIDEWALK CURB SHALL NOT ENCROACH ON THE PROPOSED WIDTH OF THE SIDEWALK RAMP. 3. FOR TYPE I RAMP MAXIMUM SIDEWALK CURB HEIGHT 0" TO 7". ORT WORT CITY OF FORT WORTH, TEXAS DATE; 09/2004 ACCESSABI L1TY RAMP -- TYPICAL CROSS SECTION STR-031 im 4 OR 24" 5A CUT FOR CONCRETE PAVEMENT �Y �C G7 SODDING AS REQUIRED EXIS11NG 15' R SCALE 1 SIDEWALK RAMP W/ COLORED SURFACE NOTES , 1)• EXPANSION JOINT AND SILICONE SEALING . SHALL BE SUBSIDIARY TO UNIT PRICE BID FOR SIDEWALX. 27 THE ACTUAL LIMIT OF REMOVAL OF EXIST BE AS DIRECTED BY THE ENGINEER IN THEHALL FIELD, . 3) MONOLITHIC CURB FLARED SLOPES MAY BE OTSOFP DEPENDING ON THE FIELD CONDITION OR AS DIRECTED BY THE ENGINEER. 4) CURB RAMPS WITH RETURNED CURBS MAY 8E USED WHERE PEDESTRIANS WOULD NOT NORMALLY WALK ACROSS THE RAMP. 5) SLOPE OF CURB RAMP AND/OR SIDEWALK SHALL. BE. A MAXIMUM OF 1:12. FLARED SIDES G10,UUNLEFS SHALL HAVE PEDESTRIANS COULD WALK OF ACROSS THE RAMP THEN THE MAXIMUM SLOPE SHALL BE 1:12. MONOLITHIC SIDEWALK CURB FLARED SURFACE OR CURB SODDING AS REQUIRED SACK OF PROP. CURB PAY U MR G FACE OF PROP. 7" CURB STANDARD PAY LIMIT DETAIL SAWCUT FOR HMAC PAVEMENT URT�OR CITY. OF FORT WO", TEXAS jj�ACC ESSAB I LITY RAMP - PAY LI M ITS DATE: 09/200.4 STR-032 EXISTING 15' R SCALE 1 ° = 5' SIDEWALK RAMP W/ COLORM SURFACE NOTES �) EXPANSION JOINT AND SILICONE SEALING SHALL BE SUBSIDIARY TO UNIT PRICE BID FOR SIDEWALK. AND GUTTER 2) THE ACTUAL LIMIT OF REMOVAL OF EXIST —ING CURB AND GUTTER AND SIDEWALK SHALL BE AS DIRECTED BY THE ENGINEER IN THE FIELD. sr 18" OR 24" op ` SAWCUT FOR CONCRETE' PAVEMENT 9 SODDING AS REQUIRED CK OF PROP. CURB MONOLITHIC SIDEWALK CURB GROOVE JbINTiNCTM TOOL GROOVE - 1/4" WITH JOIOL NG "SODDING AS REQUIRED EXPANSION JOINT do SIIJCONE SFAUNG CK OF PROP. CURB FACE OF PROP. 7" CURB SAWCUT FOR HMAC PAVEMENT JOINT DETAIL ORT WORT CITY OF FORT WORM. TEXAS ' DATE: 69/2004 AC C ESSAB I LITY RAMP - J O I NT DETAIL STR-033 fi Level L m„&&r r of �w PuboQ curb &VP PERPENDICULAR PUBLIC SM&VA1x CURB RAMP COMBV+EO (PSIACUEIRPENDM +AR) PUBLIC e Pubk SidsweFlo. s0( Curb Ramp CITY OF FORT WORTH, TEXAS ACCESSABILITY RAMP - TYPICAL CROSS SECTION DATE: 09/2004 STR-034 ATTENTION: CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS, 58, 59 & 60. 14.2.6 Vehicular Ways and Facilities I � . uu u, ou U� o ' 0 (a) perpendicular public aldewalk curb ramp In public sidewalk with parkway public sid'walk curb ramp In public sidewalk oxTwoR perpendicular public sidewalk curb romp in public sidewalk 0 . a o c ®�. =J-- ®I C II � • Gombinatian public 31d walk curb ramp Psrpandicular ub6c(sidawalk curb ramp in public sidewalk with parkray at protaeted intanactlan Fig. 60 Public sidewalk Cirb Ramp= at Marked Crossings CITY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABILITY RAMP — FIGURE 60 STR-035 WALK CURB RAMP TMET itont (1) Slope I/x whore x La a le-val alape (2) Ceuntar slope shall not ezoeed U20 PYg. B4.7.2 Measurement of Curb Ramp Slope PLAMMgG OR OTHER NONirALSING SURUC$ CD • SIDE NOTE: IC X < 40` (1220 turn) than the slope at tha Uarad eidea shad not waved L:iZ (a) Flared Stdae (b) Returned Curb Fig. B4.7.5 Sides of Curb Ramps Fig. B4.7.5 Built—up .Curb. Ramp OCTOBER, 1992. REDRAWN OCTOBER 2002 CITY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABILITY RAMP - RAMP ' SLOPE DETAILS . STR-D36 ATTENTION: CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET_ CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58, 59 & 60. f�A- YPIu' AYO U S. CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992, REDRAWN OCTOBER 2002 TYPE. I EXISTING 15' R. SCALE 1" = 4' PROP. 4' RAMP WITH COLORED SURFACE YARIABLH HEIGHT CURB 1 1/2' R. (TYP) CITY OF FORT WORTH, TEXAS DATE: 09/2004 ORTwo' ACCESSABILITY RAMP -- TYPE I (W/15' RADIUS) STR-037 a 1:48 TYPE I EMSTING 20' R. SCALE 1" = 4' PROP. 4' RAMP WITH COLORED SURFACE VARIABLE HEIGHT CURB -1 1/2' R. (TYP) �ORTWaRT cirr of FORT WORTH, TEXAS ... ACCESSABILITY RAMP - TYPE I (20' RAD.) 0A7E: 09/2004 STR--038 �I WaSTING CURB de GUTTER s- 18. OR 24" SATCUT FOR /HMAC PYMT. SODDING As REqu HACK OF PROP. CB: i TYPE • III EXISTING 15' R. SCALE 1" = 4' SIDEWALK RAMP WITH COLORED SURFACE BROOM FINISH B2 AC TIE-IN MONOUTSIC CURB 1:1Z SODDING A5 R$quaw BACK OF PROP CURB FACE OF 7" CURB E7CISTRIG .CURB &GUTTER 3AAGUT FOR CONCRETE PAYKmMiT CITY OF FORT. WORTH, TEXAS ACCESSABUTY RAMP - TYPE 111 (15' RADIUS) DATE: 09/2004 STR- 039 9 I it EXISTING CURB GUTTER 18' OR 24' SAWCUT FOR HMAC PWT. I --! I_ - 6` SODDING 1UIRED • �� ,•; PROP. TYPE III EXISTING 20' R. SCALE 1 " = 4' i SIDEWALK RAMP WITH COLORED SURFACE BROOM FINISH HMAC TIE-IN VARIABLE HEIGHT CURB Mill '¢8 EXISTING CURB & GUTTER SODDING AS REQUIRED BACK OF PROP CURB FACE OF 7" CURB SAWCUT FOR CONCRETE PAVEMENT ORTWO�RT CITY OF FORT WORTH, TEXAS DAM 09/2004 40ACCESSABILITY RAMP - TYPE 111 (20' RADIUS) STR--040 HMAC Surface Overlay (2009-2) Bik Limits ProjectName Street Limits CD Mapsco LM 700 - 899 BAKER ST SOUTH FWY - EVANS AVE 8 77X 0.28 500 - 699 FLINT ST E DEAD END - HEMPHILL ST 9 91 E 0.28 4800 - 4999 S HUGHES AVE MARTIN ST - E KELLIS ST 5 93E 0.43 3500 - 3599 KNOX ST ERATH ST - SHACKLEFORD ST 8 62X 0.22 5600 - 5699 LOVELL AVE FARON ST - HORNE ST 7 74M 0.29 2000 - 2099 W LOWDEN ST GORDON AVE - TOWNSEND DR 9 76Y 0.13 500 - 699 W MALTA AVE E CUL-DE-SAC - HEMPHILL ST 9 91 E 0.25 1700 -1899 MARTIN LYDON AVE JAMES AVE - GORDON AVE 9 90Q 0.3 5000 - 5099 MAYFAIR ST OSBUN ST - MARYS CREEK DR 3 87C 0.18 3350 - 3399 MOBERLY ST NOLAN ST - VINETTA DR 8 92G 0.11 3600 - 3899 MOBERLY ST SHACKLEFORD ST - TRENTMAN ST 5 92G 0.59 1400 -1599 E MULKEY ST YUMA ST - S RIVERSIDE DR 8 77U 0.24 7700 - 7899 NORMAN AVE REAGAN DR - WILLIAMS RD 3 73R 0.48 7600 - 7699 OSBUN ST LYNDON DR - BENBROOK HWY 3 87D 0.39 1400 -1599 E ROBERT ST YUMA ST - S RIVERSIDE DR 8 771-i 0.29 4300 - 4699 RUTLAND AVE W SEMINARY DR - W FULLER AVE 3 901 0.72 4900 - 4999 STANLEY AVE MARTIN LYDON AVE - YATES ST 9 90Q 0.28 2500 - 2599 YUMA ST E MULKEY ST - E ROBERT ST 8 77U 0.11 5.57 HMAC SURFACE OVERLAY AT VARIOUS LOCATIONS 2009-2 CITY PROJECT N0.01224 TPW PROJECT NO.C293-541200-203620122483 STREET �Y STREET QUANTITY DETE (NATION SPREAD SIIEET � w a � w W � � - � a a � w p U d � Q a � � w � � � Q� � w � � w a z w x w 9 o Fwa w o� � z �aF � 3 awi a> �+ �+ A dF, �x d �� � �� �Oz �7 a> E.,3 z v7� � � Fw CF z�A W �z Q W a a� W cFi�� �F � Wyk- ��7A � E. A Z a,� `aA x� �x�x az �O� acax �vai aF �z �x� �`n �Q �O ax F� C7F qq as F d� w � w w � d E, Z W y� FU W O OC4� d W d Cd''� O� �C7 A ��:o c�i x��a ..A a Aa x� a °�axo oao a000 �vwo �Q�o ��ao 000 0��0 ��ao o ��30 ��a ww�ao. zz 3wxw oQ Wq v� v� a, v��a0, �G Wv�a awa 3C7Fa �•�da �OAa. �za �v�Fa w�Aa zxr�a Oaxa ITEM UNIT ITEM DESCRIPTION QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY 1 EA Project Designation Sign 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 LS Utility Adjustment 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 LF Removal & Replacement of Concrete Curb and Gutter 75 25 50 25 450 35 30 0 300 425 55 0 150 1,260 2,880 4 LF Install New Concrete Curb and Gutter 0 0 0 0 0 0 0 0 0 0 0 0 �0 0 i 0 5 SF I Removal and Replacement of 6-Inch Concrete Driveway 162 160 110 0 95 110 65 0 880 270 0 0 , 0 2,200 4,052 6 SF- RI emoval and Replacement of 4-Inch Concrete Sidewalk 200 0 0 0 0 0 0 0 0 0 0 0 0 0 200 � 7 SF Removal and Replacement of Concrete Walk-ADA Wheelchair Ramp 0 0 0 0 40 0 0 0 0 0 0 0 0 0 � i 40 8 SF Install New Walk-ADA Wheelchair Ramp 0 0 0 0 0 100 0 0 0 0 60 { 0 0 0 I fi 160 9 ! SY Removal and Replacementot Concrete Vaiiey Gutter u 0 0 54 u 0 0 0 0v 0 �vvv � 54 10 SY Install new Concrete Valley Gutter 0 0 0 0 0 0 0 0 0 0 45 0 0 0 45 11 EA Removal and Replacement of 5 Ft Storm Drain Inlet -Top 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12 EA Removal and Replacement of 10 Ft Storm Drain Inlet -Top 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13 LF Install 6-Inch Perforated Pipe -Sub Drain 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 SY 8-Inch Pavement Pulverization 1,760 2,160 3,260 1,600 2,666 1,000 1,800 3,435 1,667 735 4,670 2,350 3,500 3,000 33,603 15 TON 26 Ib/sy Cement Modification 23 28 42 21 35 13 23 45 22 10 61 31 46 39 437 16 CY Unclassified Street Excavation 0 0 0 0 0 0 0 � 0 0 0 0 0 0 0 0 17 CY Crushed Limestone 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � 0 18 SY 2-Inch Surface Course Type D Mix 1,760 2,160 3,260 1,600 2,666 1,000 1,800 3,435 1,667 735 4,670 2,350 3,500 3,000 33,603 19 EA Removal and Replacement of 30-Ft Speed Cushion 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 EA Removal and Replacement of 40-Ft Speed Cushion 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21 EA f Water Valve Box Adjustment With Steel Riser 2 1 1 0 2 1 1 0 2 0 3 1 2 0 16 22 EA i-Water Valve Box Adjustment with Concrete Collar 0 0 0 0 0 0 0 0 � 0 0 0 0 0 0 � 0 23 I EA Water Meter Box Adjustment 0 0 0 � 0 0 0 0 0 � 0 0 0 0 0 0 0 24 Manhole Adjustment With Steel Riser 0 0 2 1 0 � 0 �_ 2 0 1 0 0 2_ 1 11 _EA _Z _ -}- 25 EA (Manhole Adjustment With Concrete Collar 0 0 0 0 0 0 0 0 0 0_ 0 0 0 0 I 0 - �- � -- , -- - I --; I - Week of the Week of the Week of the Week of the Week of the Week of the Week of the � Week of the ( Week of the Week of the Week of the Week of the Week of the Week of the 4th Monthly Pickup of Bulky Items � 2nd Monday of 3rd Monday of 2nd Monday of 2nd Monday of� 4th Monday of 3rd Monday of 3rd Monday off 3rd Monday of 4th Monday of 2nd Monday of 2nd Monday of 2nd Monday of 4th Monday of Monday of the the month the month the month the month the month the month � the month the month the month the month the month the month I the month month Garbage, Recycling,Yard Trimmings &Brush Weekly Pickup Days Wednesday � Wednesday Thursday � Thursday Wednesday ( Wednesday Wednesday Wednesday Wednesday � Thursday Thursday Wednesday Wednesday Wednesday I I Page 1 of 2 HMAC SURFACE OVERLAY AT VARIOUS LOCATIONS (2009-2) _ CITY PROJECT N0.01224 TPW PROJECT NO. C293-541200-203620122483 STREET BY STREET QUANTITY DETERMINATION SP A SHEET a w H w � � w a � � a A z w yyy� � A y� � y+ � Q' � Q z a � w�% z� wz �x ^d d a ,a c O � "a � @ F0.' d � TOTAL � a a 3 @ a � � a � a TOTAL (ALL PAGES) � � p; w ci w ITEM UNIT ITEM DESCRIPTION QTY QTY QTY QTY _ 1 EA Project Designation Sign 0 0 0 0 0 0 2 LS Utility Adjustment 0 0 0 0 0 0 3 LF Removal & Replacement of Concrete Curb and Gutter 0 800 250 0 � 1,050 3,930 4 LF Install New Concrete Curb and Gutter 0 0 0 0 0 0 5 SF Removal and Replacement of 6-fnch Concrete Driveway 0 1,300 270 0 � 1,570 5,622 6 SF Removal and Replacement of 4-Inch Concrete Sidewalk � 0 100 0 0 i 100 300 7 SF Removal and Replacement of Concrete Walk-ADA Wheelchair Ramp 0 0 0 0 0 40 8 SF Install New Walk-ADA Wheelchair Ramp 0 0 0 0 0 160 o SY Rgmnyal anti Raplaremgntnf [:nnrrete Valley Gutter 0 0 0 0 0 54 10 SY Install new Concrete Valley Gutter 0 0 0 0 0 45 11 EA Removal and Replacement of 5 Ft Storm Drain Inlet -Top 0 0 0 0 0 0 12 EA Removal and Replacement of 10 Ft Storm Drain Inlet -Top 0 0 0 0 0 0 13 LF InstaFl 6-Inch Perforated Pipe -Sub Drain 0 0 0 0 0 0 — 14 SY 8-Inch Pavement Pulverization 2,450 5,560 2,070 850 10,930 44,533 15 TON 26 Ib/sy Cement Modification 32 72 27 11 142 579 16 CY Unclassified SVeet Excavation 0 0 0 0 0 0 17 CY Crushed Limestone 0 0 0 0 0 0 18 SY 2-Inch Surface Course Type D Mix 2,450 5,560 2,070 850 10,930 44,533 19 EA Removal and Replacement of 30-Ft Speed Cushion 0 0 0 0 0 0 20 EA Removal and Replacement of 40-Ft Speed Cushion 0 0 0 0 0 0 21 EA Water Valve Box Adjustment With Steel Riser 2 3 1 0 j 6 22 22 EA � Water Valve Box Adjustment with Concrete CoAar 0 0 0 0 � I 0 0 0 0 � 0 0 � 0 0 23 EA Water Meter Box Adjustment 24 EA Manhole Adjustment With Steel Riser 0 0 0 0 0 11 ---ffjF--- �� 0 0 25 ; EA Manhole Adjustment With Concrete Collar 0 0 0 0 I-- — —1— — � Week of the Week of the Week of the 3rd� Week of the Monthly Pickup of Bulky Items � 2nd Monday of 3rd Monday of Monday of the j 2nd Monday of � � the month the month month the month Garbs Rec Yard Trimmin s &Brush Weekl Picku Da � Wednesda y� Wednesday Wednesda y Wednesda y � —�— � I e, clip Y 9, 9 Y P Ys -- i I _ --�- —�_-- _9_ ON ALL STREETS IN THIS CONTRACT, THE CONTRACTOR MAY WORK DURING THE DAY, BETWEEN 7:00 A.M. UNTIL 7:00 P.M. Page 2 of 2