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HomeMy WebLinkAboutContract 22256 IVNS II.4.t Iwow I_C i-ca.......2 um Nimmons ..... ........... IIC IIhas-INA It.; Mom IImom 7,1 I ...........IL21,4104L.........III .........._IIIII-MW I..........I _L 14 III"WERE ME BERN Ed Inow" -QT g!Sj Ill III;r iIlj7 UNP mot I 'P,4.'DRiTi HR R E G TDO KER R-I Imaw. prr., A T 00 NGMERINGigg IIIDEMME gin -i1t,;,II SPECIFICATIONS AND CONTRACT DOCUMENTS FOR RECONSTRUCTION OF SOUTH HUGHES STREET FROM AVENUE 1 TO ROSEDALE STREET PROJECT NO. 020-67-040265-0 IN THE CITY OF FORT WORTH, TEXAS FILE NO. K-1279 1996 KENNETH L. BARR BOB TERRELL MAYOR CITY MANAGER HUGO A. MALANGA, P.E., DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E., DIRECTOR : x DEPARTMENT OF ENGINEERING .. • • • • • • • ' p. . . . . . . . . . : . . V, .�'••. 7 a7 PREPARED BY DEPARTMENT OF ENGINEERING . ,�£� , EXHIBIT "A" i TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Prevailing Wage Rates 4. Prevailing Wage Rates (U.S. Dept. of Labor) 5. Contract Requirements (U.S. Dept. of Housing and Urban Development) 6. Proposal 7. Vendor Compliance 8. Disadvantaged Business Enterprise 9. Special Provisions 10. Contractor Compliance with Worker's Compensation Law 11. Certificate of Insurance 12. Performance Bond 13. Payment Bond 14. Contract 15. Project Designation Sign I I NOTICE TO BIDDERS Sealed proposals for the following: FOR: RECONSTRUCTION OF SOUTH HUGHES STREET FROM AVENUE J TO ROSEDALE STREET PROJECT NO. 020-67-040265-0 DOE NO. 121 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., Thursday, August 1, 1996 , and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering,Municipal Office Building, 1000 Throckmorton Street,Fort Worth,Texas. One set of documents will be provided to prospective bidders for a deposit of$20.00; such deposit will be refunded if the document is returned in good condition within ten (10) days after bids are opened. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20.00) per set. These documents contain additional information for prospective bidders. Bid security is required in accordance with Paragraph 1 of the Special Instructions to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date bids are opened. The award of contract, if made, will be within forty-nine (49) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialling the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. In accord with City of Fort Worth Ordinance No. 11923, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render the bid non-responsive. In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received no later than i I 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. For additional information, contact Jim Deeter at (817) 871-7803. BOB TERRELL ALICE CHURCH CITY MANAGER CITY SECRETARY Department of Engineering A. Douglas Rademaker, P.E., Director By: Jo Firing, . anager Engineering Services Advertising Dates: July 4, 1996 July 11, 1996 Fort Worth, Texas i i SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth,in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. 1 To be an acceptable surety on the bond, (1)the name of the surety shall be included on the current U.S.Treasury, or(2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. In order for a surety to be acceptable to the City, (1)the name of the surety shall be included on the current U.S. Treasury List of Acceptable.Sureties (Circular 870), or (2) the sureiy must have capital and surplus equal to ten tunes the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth (1/10) of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. 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 materials in the prosecution of the work. sz-1 i i 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. 3. L OUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, Paragraph 8.6, of the"General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 4. AMBIGIM:ln case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYME :All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400(Fort Worth City Code Section 13-A-21 through 13-A- 29) prohibiting discrimination in employment practices. 6. WAGE RATES: All bidders will be required to comply with provision 5159a of"Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas and set forth in Contract Documents for this project. 7. FINANCIAL.STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Ucens- ing Agency. i 8. INSURAN CE-Within ten(10)days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury- I . $250,000 each person, $500,000 each occurrence; Property Damage - $300,000 each occurrence).The City reserves the right to request'any other insurance coverages as may be required by each individual project. !' 9. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the I City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid s=-a ii a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. i "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. In order for a bid to be considered responsive,the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render the bid non-responsive. In addition, the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORD and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received no later than 5:00 p.m., five(5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documenta- tion was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a hfinority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresen- tation)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 in the Contractor being SI-3 I I determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3)years. 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all formalities.No bid may be withdrawn until the expiration of forty-nine (49) days from the date bids are opened. The award of contract, if made, will be within forty-nine(49) days after the opening of bids, but in no case will the award be,made until all the necessary investigations are made w as to the responsibility of the bidder to whom it is proposed to award the contract. 12. PAXNIENT:The Contractor will receive full payment(minus 5% retain age) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. 14. CONTRACTOR COMPLIANCE wrrH[WORKER'S COMPENSATION LAW: . A. Workers Compensation Insurance Coverage a. Definitions: Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage i agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes.the time from the beginning of the work on the project until the contractoes/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with 'f the contractor and regardless of whether that person has employees. This includes, l SI-4 i without limitatio n, 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 services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The contractor shall provided 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) or all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the covera g e period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or-should have known, of any change that materially affects the provision of coverage of any person providing services on the project. SI-5 i I h. The contractor shall post on each project site a notice, in the text, form and manner "! prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statu- tory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all , employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to j 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. i (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any 1 change that materially affects the provision of coverage of any person providing services on the project; and SI-6 (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 worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the,case of a self- insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice dogs not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S CONTENSATION COVERAGP_ 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 Worker's 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". SI-7 15. NON DISCRIMINATION: The Contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 16. AGE DISCRIMINATION: In accordance with the Y (("Policy")) " of the Executive P Polio Y Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure; to comply with the above referenced. Policy concerning age discrimination in the performance of this Contract. 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general ` public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws i concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. i Revised March 15, 1996 A:15J[:CR7/.f SI-8 OOENro,, U.S.Department of Housing and Urban Development o�fe O� Office of Labor Relations x Texas State Office, Southwest yQ* *w 1600 Throckmorton Street Gqe �o'Q Post Office Box 2905 Fort Worth, Texas 76113-2905 June 05, 1996 j Mr. James Lexing Fiscal Services Department Fort Worth Community Development Agency 1000 Throckmorton Fort Worth, TX 76102 Dear Mr. Lexing: SUBJECT: Project Number: B93MC480010 Project Name : South Hughes Street Reconstruction Proj . Location: Tarrant County Fort Worth, TX Enclosed is a copy of the schedule of Wage Rates, Decision Number TX960045, of the Secretary of Labor, dated 03/15/96 . This schedule must be made part of the contract documents for the subject project . Please refer to the enclosed instructions concerning wage determinations . If you have any questions, or need assistance, please contact Evelyn Drinkard at (817) -885-5831. Sincerer F rias Fe uson abor Relations Officer Enclosures INSTRUCTIONS CONCERNING WAGE DETERMINATION 1. If more than one (1) type decision is issued for your project, you should be aware of the following: RESIDENTIAL DECISION is to be used for all residential construction, alteration, or repair of single family houses or apartments of no more than four (4) stories in height. BUILDING DECISION is to be used for apartments five (5) stories and above, sheltered enclosures with walk-in access for the purpose of housing person, machinery, equipment or supplies. HIGHWAY DECISION is to be used for construction, alteration or repair of streets, sidewalks, parking areas and other similar projects. HEAVY DECISION is to be used for landscaping, water and sewer lines, drainage, outdoor electrification and other projects not falling under highway classification. 2. It is important that each wage decision be verified as current by calling this office at (817) 885-5831 ten (10) days prior to bid opening, contract award or start of construction, whichever would apply to subject project. 3. Make sure applicable wage decision and Federal Labor Standards Provisions are made a part of the bid documents (if any) or invitations for proposals, contracts and subcontracts for construction of the project. 4. The U. S. Department of Labor poster and the wage decision must be posted in a prominent, readily accessible place on the job site. 5. The recipient must hold a preconstruction conference with the principal contractor and all available subcontractors prior to start of construction. The Preconstruction Conference Minutes must be retained in the files and a copy furnished to each person in attendance. 6. The Start of work Notice must be completed and returned to: DHUD, Labor Relations, 6ASL PO Box 2905 Fort Worth, TX76113-2905 7. Make sure to include complete wage decision number when communicating with this office. General Decision Number TX960045/�.�:41 Superseded General Decision No. TX950045 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies) : COLLIN GRAYSON ROCKWALL DALLAS JOHNSON TARRANT DENTON KAUFMAN WICHITA ELLIS PARKER HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES Modification Number Publication Date 0 03/15/1996 ---------------------------------------------------------------------------- TX960045 Page: 1 i COUNTY(i e s) COLLIN GRAYSON ROCKWALL DALLAS JOHNSON TARRANT DENTON KAUFMAN WICHITA ELLIS PARKER SUTX2043A 11/18/1991 Rates Fringes AIR TOOL OPERATOR $7 . 554 ASPHALT RAKER 8 .565 ASPHALT SHOVELER 8 . 255 BATCHING PLANT WEIGHER 9 . 371 BATTERBOARD SETTER 8 . 920 CARPENTER 9 .447 CONCRETE FINISHER-PAVING 9 . 345 CONCRETE FINISHER-STRUCTURES 9 . 058 CONCRETE RUBBER 7 . 733 ELECTRICIAN 12 . 761 FLAGGER 5 . 598 FORM BUILDER-STRUCTURES 8 . 717 FORM LINER-PAVING & CURB 8 . 913 FORM SETTER-PAVING & CURB 8 . 686 FORM SETTER-STRUCTURES 8 .427 LABORER-COMMON 6 .402 LABORER-UTILITY 7 .461 MANHOLE BUILDER 11. 000 MECHANIC 10 . 658 OILER 8 . 698 SERVICER 8 .104 PAINTER-STRUCTURES 10 . 913 PILEDRIVER 7 . 500 PIPE LAYER 8 .509 BLASTER 11.333 ASPHALT DISTRIBUTOR OPERATOR 8 .404 ASPHALT PAVING MACHINE 9 . 053 BROOM OR SWEEPER OPERATOR 7 . 908 BULLDOZER, 150 HP & LESS 8 . 703 BULLDOZER, OVER 150 HP 9 .160 CONCRETE PAVING CURING MACHINE 8 .213 CONCRETE PAVING FINISHING MACHINE 9 .453 CONCRETE PAVING FORM GRADER 8 .500 CONCRETE PAVING JOINT MACHINE 9 . 042 CONCRETE PAVING JOINT SEALER 7 .350 CONCRETE PAVVNG FLOAT 7 . 875 CONCRETE PAVING SAW 9 .290 CONCRETE PAVING SPREADER 9 .750 PAVING SUB-GRADER 9 . 000 SLIPFORM MACHINE OPERATOR 9 . 000 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. 9 .513 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER 10 .517 -------------------------------------------------------------------------------- TX960045 Page: 2 CRUSHER OR SCREENING PLANT OPERATOR 9 .500 FORM LOADER 12 . 000 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 10 . 000 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 11 . 138 FRONT END LOADER 2 1/2 C.Y. & LESS 8 . 823 FRONT END LOADER OVER 2 1/2 C.Y. 9 . 311 HOIST - DOUBLE DRUM 8 . 917 MILLING MACHINE OPERATOR 6 . 650 MIXER (OVER 16 C.F. ) 9 . 000 MIXER (16 C.F. & LESS) 7 . 913 MIXER - CONCRETE PAVING 9 . 500 MOTOR GRADER OPERATOR FINE GRADE 10 .346 MOTOR GRADE OPERATOR 9 . 891 PAVEMENT MARKING MACHINE 6 .402 ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS 8 .339 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 7 . 963 ROLLER, PNEUMATIC, SELF-PROPELLED 7 .403 SCRAPER-17 C.Y. & LESS 8 .138 SCRAPER-OVER 17 C.Y. 8 . 205 SIDE BOOM 7 . 793 TRACTOR-CRAWLER TYPE 150 HP & LESS 8 .448 TRACTOR-CRAWLER TYPE OVER 150 HP 8 . 873 TRACTOR-PNEUMATIC 7 .735 TRAVELING MIXER 7 . 615 TRENCHING MACHINE-LIGHT 8 .188 TRENCHING MACHINE-HEAVY 12 .498 POST HOLE DRILLER OPERATOR 9 . 000 WAGON-DRILL, BORING MACHINE 9 . 000 REINFORCING STEEL SETTER PAVING 9 .218 REINFORCING STEEL SETTER STRUCTURES 11.548 STEEL WORKER-STRUCTURAL 12 . 860+3 .440 SIGN ERECTOR 11 .436 SPREADER BOX OPERATOR 6 . 988 BARRICADE SERVICER ZONE WORK 6 .402 MOUNTED SIGN ISNTALLER PERMANENT GROUND 6 .402 TRUCK DRIVER-SINGLE AXLE LIGHT 7.465 TRUCK DRIVER-SINGLE AXLE HEAVY 8 . 067 TRUCK DRIVER-TANDEM AXLE SEMI TRAILER 7 . 816 TRUCK DRIVER-LOWBOY/FLOAT 9 . 653 ---------------------------------------------------------------------------- TX960045 Page: 3 TRUCK DRIVER-TRANSIT MIX 7 .507 TRUCK DRIVER-WINCH 8 .200 VIBRATOR OPERATOR 7. 000 WELDER 10 .459 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5 . 5 (a) (1) (v) ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION ---------------------------------------- - ------------------------------------' TX960045 Page : 4 Federal tabor Standards Provisions U.S. of Houning and Urban � ii r AAWcabOty The Protect or Program to which the construction work covered by this HUD or rts designee shall refer the questions,including the views of all contract pertains is being assisted by the Unrbd States of Amenca and the interested parties and the recommendation of HUD or ds des.KVwW to the 10110wing Federal Labor Starxiards Provisions are included in this Contact Adnunistrati r for determination.The Administrator.or an authorized repre- pursuant to the provisions applicable to such Federal assistance. sentatrve,will issue a deifermination within 30 days of receipt and so advise A- 1-m All laborers and mechanics employed or work- HUD or rte designee or will notify HUD or its designee within the 30-day 'n9 upon the sib Of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man- 1937 or undo the Housing Act of 1949 in the construction or development agement aril Budget under OMB Control Number 1215-0140.) of the PrOW0.will be Paid ur>c*ndrbonalty and not few often than once a (d)The wags rate(including fringe beneft where appropriate) week,and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1Xb)or(c)of this paragraph,shall such payroll deductions as are permitted by regulations issued by the be paid to all workers perming work in the Clata$ificabol under this con- Secretary Of Labor under the COPGIRnd Act(29 CFR Part 3L the till amount tract from tike first day n which work is y petfarmeid in the classification. of wages and bona fide fringe bmisfift(or cash aqwvalents thateon due at (10 Wheneveir the ffunimum wage rate prescribed in the contract for a time of Payment computed at rates not less than those conbuhed in the Gass of laborers or mechanics includes a fringe benefit which is not wage detiarnwiietion of the Secretary of Labor which to attached hereEo and expressed as an hourty rob,the contractor stall either pay the benefit as made a part hersof 1139047diess,of any coneactianal reWbonshiip which may stated in the wage debumsinabon or shall pay another bona fide fringe be alb to exist between the contractor and such laborers and benefit or an hourty cash equivalent thereof. mechanica.Contrib~s made or costa reaKwimbly anticipated for bona (iv)If the contractor does not make payments to a trustee or other third fide fringe bmwWft arnder Secom 1(b)M of the Davis-Bacon Act on behalf Pam,to Contractor may cps as part of the wages of any laborer or Of labs or mecherucs are Pwd to such laborers or mhachanic to amount of any coeft reasonably ardicipated in providing mechanics,subgect to the P1VdnX ns of 29 CF".5(aX1)gK also.regular boa fide fringe benefits under a plan or program,Provided.That the contributions made or costs wwAOTed for more tan a qty period(txA Secretary of Labor has found,upon the written request of the contractor. not less Often than quanerty)urhder plans,-bands,or progriarrM which cover that the apyplicable standards of the Devis-Bacon Act have bow met.The IV prod.are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate incurtned dumxhg such period. account assaft for the meeting of obligations under the plan or program Such labOmems and ff=hanics shall be paid the aDWOpnate wage rate (Approved by tike Office of Manogtoment and Budget under OMB Control and fringe bomft on the wage dgbarMnb=for the classification c work Number 1215-0140.) malty Parkmsct wrtiOUt regard to sit,except as provided in 29 CFR 3 HUD or its designee shall upon its own action or upon Part 5.5(a)(4} Laborers or Performing work in whore than one written requelst of an authorized representative of the Department of Labor classification may be COMPOnsaftd st WO rate spectfied for each clasaffica- withhold of cause to be from tie doctor undo this contract of bon for the time amawy worked thin.Pt d,That pia 6111910yell Pay- any oefw Federal contract e -dh this samsa pnrtha contractor.or any other roll records aocurgsgly set fah the Mm QPSM In Qmcph claserficat=in F contract submit to Davis-Bacon prevailing wage which work to pertormaid.The (arts mg any additional reqxrements,which is(hold by the same prime contractor so much of the C and under 29 CFR Pet 5.5(a Xi)(ri)and accrumd payments or advances as may be considered necessary to pay the Davis-BacoQt POSW(WH-1321)Shelf be Posted at all times by the con- laborers and mechanics,including apprentices,trainees and helpers. tr ctor amid bps 1017111 at the ads of the work in a promanemnt and employed by the contractor or any subcontractor the hull amroumt of wages acct place wttere it can be easily saw by the workem required by the contract.In the event of failure to pay any taborer or (1)(e)Any claW Of laborers or mcichw=which is rich kMd in the mechanic.including any apprardice,trainee or helper.employed or working watga and which is to be simployed under 2te contract shelf on the sots of the work(or under the United Stabs Housing Act of 1937 or be cWeaffied in cOnforriiancO with the wad d6ftnimnabon.HUD stall under the Housing Ac!of 1949 in pia construcbori or development of the a An additional Ciawficabon and wagei rate and fringe baneirm protect),all or part of the wages required by the contract.HUD or its desig- Y when Vw have bow met nee nay.after written notice to the contractor.sponsor,applicant,or owner, (1)The work 10 be by the clasarficatton requested is not take such action as may to necessary to causes the suspension of any Dedoffned W a ciasaftation in the wage determnaltim and further payment,advance.or guarantee of funds until such violations have (2)The ciasarficatiori is ubkzed in the area by tie construction used.HUD or its designee may.after written noboe to the contractor,dis- -ndustry'and burse such amounts wiftilheld for and on account of the contractor or sub- (3)The Proposed wage rate.including any bona fide fringe bene- contractor to the respectrve employees to whom they are due.The Comp- ftM bears a reasonable reiabonstup to the wage ratan cottawr ed in the troller General shall make such disbursements in the case of direct "rte detsirminabon. Davis-Bacon Act contracts. (b)It the contractor and via laborers and mechanics to be employed 3.(1]Peymft and Payrolls and basic records relating n the c lehsaficabon(if known).or their representabvm and HUD or its thereto shall be maintauhed by the contractor during the course of the work designee agree on the ciassdecabon and wage rate(including the amtiount preserved for a pe nod of three years thereafter for all laborers and designated for fringe benefits where appropriate),a report of the aeon mechanics working at the sib of Ole work(or under the United States aken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949,in the construction and Hour Drvtsion,Employment Standards Administration,U.S.Department or development of the protect).Such records shall contain the name, of Labor,Washington.D.C.20210.The Administrator,or an audnonzed address,and social security number of each such worker,his or her cor- "epiesentatrve,will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contribu- zation action within 30 days of receipt and so advise HUD or its designee tions or costs anticipated for bona fide fringe benefits or cash equivalents or will notify HUD or its designee within the 30-day period that additional thereof of the types descnbed in Section 1(bX2XB)of the Davis-ta;con Act), 5me is r ry(Approved by the Office of Management and Budget daily and weekly number of hours worked,deductions made and actual ender OMB control number 1215-0140.) wages Paid.Whenever the Secretary of Labor has found under 29 CFR 5.5 (c)In the event the contractor,the laborers or mechanics to be (aK1 Xiv)that tie wages of any laborer or mechanic irnclude the amount of en ployed in the classification or their representatives,and HUD Or its any costs reasonably anticipated in providing benefits under a plan or pro- :es nee do not agree on the proposed classification and wage rate gram described in Section I(bX2XB)of the Davis-Bacon Act.the contractor ­cJuding the amount designated for fringe benefits,where appropriate). shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible. apprentice The allowabit ratio of apprentices to journeymen on me lob site and that the plan or program has been communicated in wnbng to the in any crate classifrcab,i shalt not be greater than the ratio permitted to the laocifers of mechanics affected,and records which show the costs antics .-onlraciL,.::5'o Im Rnure•,vul-%force under the registered program Any paled or the actual cost incurred in providing such benefirn Contractors wo•ker listed u- ?Pa''*old ^ar Prepuce wage rate.who is not registered employing apprentices or trainees under approved programs shall mainta s rr .•ror.>rwise empk yam'3S'5atrtt above.shall be paid not less man me written evidence of the registration of apprenticeship programs and Gj.y titr ay;ai.:abla wagt, x•a Or,the *aqe determination for the classification of cation of trainee programs.the registration c'me apprentices and trar•eea worn -,!in:Py ;,ienurr,n.•d ir.u.i libon,any apprentice performing work on and the ratios and wage rates prescribed in the applicable program< tt,?j,•c site in r.y.• Si:.i''rie rj;t,o Permitted under me registered program (Approved by the Office of Management and Budget under OMB Contnr ; paid be aid riot 04T-10V Mp applicable wage rata on the wage determi- Numbers 1215-0140 and 1215-0017) ^abon for the acnv-3r.tually;e,41ornied Where a contractor is peiiorming (d)(a)The contractor shall submit weekly for each week in which any •-onstruchor.or •projec.rr•a•'rocality outer than that in which its program is contract work is performed a copy of all payrolls to HUD or its designee if registereo.7`-e ratios anG eahr3e rates(expressed in percentages of the jour the agency is a party to me contract.but it the agency is not such a party. neyman's hourly races;pe a+ed in the contractor's or subcontractor's regis the contractor will submit the payrolls to the applicant.sponsor.or owner, tered program uliall be observed.Every apprenctice must be paid at not as the case may be.for transmission to HUD or its designee.The payrolls less than the raite specified in the registered program for the apprentices submitted shall set out accurately and completely all of the information level of progress•expressed as a percentage of the journeymen hourly rate required t. i)e maintained under 29 CFR Part 5.5(aX3)(i).This information specified in the applicable wage determination.Apprentices shall be paid may be suomitted in any torn desired Optional Form WH-347 is available fringe benefits in accordance with the provisions of the apprenticeship for this purpose and may be purchased from the Supenntendent of Uocu- program.If the apprenticeship program does not specify fringe benefits. ments(Federal Stock Number 029-005-00014-1),U.S.Government Printing apprentices must be paid the full amount of hinge benefits listed on the Office,Washington.DC.20402.The prime contractor is responsible for the wage determination for the applicable classification.t the Administrator submission of copies of payrolls by all subcontractors.(Approved by the determines that a different practice prevails for the applicable apprentice Office of Management and Budget under OMB Control Number classification,tnnges shall be paid in accordance with that determination Ir 1215-0149.) the event the Bureau of Apprenticeship and Training,or a State Appren- (b)Each payroll submitted shall be accompanied by a"Statement of ticeship Agency recognized by the Bureau,withdraws approval of an Compliance."signed by the contractor or subcontractor or his or her agent apprenticeship program.the contractor will no longer be permitted to utilize who pays or supervises tie payment of the persons employed under the apprentices at less than the applicable predetermined rate for the work Q contract and shall certify the following: performed unlit an acceptable program is approved. (1)That the payroll for file-)Ayroll period contains the information (11)Traknes.Except as provided in 29 CFR 5.16.trainees will not be required to be maintained under 29 CFR Part 5.5(aX3Xi)and that such permitted to work at less than the predetermined rate for the worse Per-, information is correct and complete: formed unless they are employed pursuant to and individually registered in (2)That each laborer or mechanic(including each helper, a program which has received prior approval,evidenced by formal certifi- apprentice,and trainee)employed on Vie contract dunng the payroll Period cation by the U.S.Department of Labor.Employment and Training Admint- has been paid the full weekly wages earned,without rebate,either directly stration.The ratio of trainees to foumeymen on the job site shall not be or indirectly.and that no deductions have been made either directly or indi- greater than permitted under{die plan approved by the Employment and rectty from the full wages earned.other than perrnissaiNe deductions as set Training Administration.Every trainee must be paid at not less than the rate; forth in 29 CFR Part 3: specfied in the approved program forow trainee s level of progress. (3)That each taborer or mechanic has been paid not less than Wie expressed as a percentage of the joumeyman hourly rate specified in the applicable wage rates and frnge benefits or cash equivalents for the clan- applicable wage determination.Trainees shall be paid fringe benefits in srcation of work perforated,as specified in the applicable wage deterriina- accordance with the provisions of the trainee program.If the trainee prc tion incorporated into the contract gram does not mention hinge benefits,trainees shall be paid tie full (c)The weekly submission of a property executed certification set amount of Fringe benefits listed on the wage determination unless the forth on the reverse side of Optional Forth WH-347 shall satisfy tie Administrator of tie Wage and Hour Division determines that there is an requirement for submission of the"Statement of Compliance"required by apprenticeship program associated with the corresponding journeyman pa- wage A 3(ii�b)of secboh. wage rate on the wage determination which provides for less than full d)The falsifi r cabo of any of the above certifications may subtect the tnnge benefits for apprentices.Any employee listed on the payroll at a corn._door or subcontractor to civil or criminal prosecution under Section trainee rate who is not registered and participating in a training plan 1(101 of Title 18 and Section 231 of Title 31 of the United States Code. approved by the Employment and Training Administration shall be paid nc (F)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work undef paragraph A-3.(i)of this section available for inspection.copying,or actually performed.In addition,any trainee performing work on the job site transcription by authorized representatives of HUD or its designee or tie in excess of dw ratio permitted under the registered program shall be pain Department of Labor,and shall permit such representatives to interview not less than the applicable wage rate on the wage determination for the empioyees during working flours on the jots,If the contractor or subcon- work actually performed.In the event the Employment and Training Admin tractor tads to submit tie required records or to make teem available.HUD istration withdraws approval of a training program.We contractor will no or its designee may,after written notice to the contractor,sponsor,apply longer be permitted to utilize trainees at less than the applicable Predeter- mined rate for the work orated until an acceptable program is cant.or owner.take such action as may be necessary to cause tlhe sus- � pension of any further payment advance.or guarantee of funds.Further- approved .The utilization of apprentices, more,failure to submit the required records upon request or to make such (IN)Equal records avadable may be grounds for debarment action pursuant to 29 trainees and journeymen under this part shall be in conlWmrty with the CFR Part 5.12. equal employment opportunity requirements of Executive Order 11246.a.' 4.M Appirilintlicies and T Apprentices will be per- amended,and 29 CFR Part 30. milted to work at tress than tlhe pr erred rates fqt the work tttey Per S. tit CopstorW Act requitremievirts.The contractor shall formed wtien they are employed pursuant to and individually registered in a comply with ttie requirements of 29 CFR Part 3 which are incorporated ti pons fide apprenticeship program registered with the U.S Department of reference in this contract Labor.Employment and Training Administration.Bureau of Apprenticeship G.Subcontracts.The contractor or subcontractor will insert in any sub and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and suc i in his or her first 90 days of probationary other clauses as HUD or its designee may by apW'oprtate instructions Bureau.or rf a person s employed Ys employment as an apprentice in such an apprenticeship program,who is require.and also a clause requiring the subcontractors to include these not individually registered in the program.but who has been certified by the clauses in any lower tier subcontracts.The pnme contractor shall be Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the compliance by any subcontractor or lower tier subco (where appropna te)to be eligible for pmbationary employment as an tractor with all the contract clauses in 29 CFR Part 5.5. 7 ;deba rmiant-A breach of the contract clauses in pensahon at a rate not less than one and one-hall times the basic rate o+ 29 CFR 5.5 may be grounds for term,naton of the contract and for debar- pay for all hours worked 11 ment as a contractor and a subcontractor as provided in 29 CFR 5 12 excess of lorry hours in such workweek.whichever s greater a• trvath CiRvis-B con and Re sated Act R . All rul• , rags and interpretations of the Davis-Bacon and Related Acts contained m f2)Violation-,violation ion liability for unused sages; damages,(1) f I.he event of any violation of the clause set tonh m subparagraph{t)of tars 29 CFR Parts 1 3.and 5 are herein incorporated by reference in this paragraph the contractor and any subcontractor responsible therefor sr contract 9 be liable for the unpaid wages to addition such contractor ano succor cOncerTeing labor standards. Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done una" standards provisions of this contract shall not be sub{ec:to the general contract for the District of Columbia or a territory,to such District or to 5, disputes clause of this contract Such disputes shall be 'esolved in accor- territory).for liquidated damages Such liquidated damages shall be Con, dance with the procedures of the Department of Labor set forth in 29 CFR Parts 5.6,and 7 pi Puled with respect to each individual iabore or mechanic including Disputes within the meaning of this clause include dis• watchmen and guards.employed in violation of the clause set forth in sur putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph.in the sum of$10 for each calendar day .. designee the U S Department of Lab-o- or the employees or their representatives which such individual was required or permitted to w 10 m in excess of the standard workweek Of forty hours without pay" By entering into this contract the con• ment of the overtime wages required by the clause set form in subpara" tractor cerrohes that rw4vier it(nor he or she)nor any person or firm who has an interest m the Contractor's firm is a 9mP1t(i)d this paragraph. person or firm ineligible Io be (3)WISMickOng far unpad wry aid kquWaftd damago*, HUD or ' awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon wrttert request of an autho- Bacon Act or 29 CFR 5 12(2){1)or to be awarded HUD contracts or parbcr- nzed tatnre of the t of Labor withhold or cause to be pate in HUD programs pursuant to 24 CFR Part 24 withheld.from any morays payable on account of worts performed by the (9)No Part of iris contract sha11 be subcontracted to any person or firm contracifor or under any such contract or any other Federa• irtedg.ibte for award of a Government Contract by vtnue OI Section 3(a)of contract q*h the same Prime Contract or any otrw Federally-assisted cor the Diavra-Bacon Act or 29 CFR 5 12(a)(1)of to be awarded HUD contracts tract 3ultipict to the Contra Work Hours and Sakity Standards Act whicr Or Participate in HUD programs pursuant to 24 CFR Part 24 is Redd by the same pnme contractor such sums as may be determined tc (M)The penalty for making false staaarrterits is prescnbad in the U.S be necessafiry to satisfy any liabilities of such contractor or subcontractor' C mural Code. 18 U.S C 1001 Additionally.U.S Cmmnal Coda,Section for unpamd wages and lquidated damagm as provided in the clause set '010.Title 18.U S C."Federa;Housirg Administration transactions-.pro- forth in subparagraph(2)of this paragraph vides in part'Whoever,for the purpose of influencing in any way the (4)Subcooftactifi.The contractor or subcontractor shall insert in an} aChOn Oi such Administration maRfs.utters Or publishes any stafamenL subcontracts the Clauses set forth in subparagraph(1)through(4)of this knowing the same to be false shall be fined not more than$5,000 o paragraph and also a clause requmng the subcontractors to include these imprisoned not more than two years.or bath" clauses in any lower ter subcontracts.The prime contractor shall be I t.C4fftPbwft Proceedlinga,or Tesgmwly by Employ=&No laborer or respionsibile for comphwics by any subcontractor or lower her subconirac mechanic to whom tie wsga.salary.Of other labor standards provisions of for with Via clauses sat forth in subparagraphs(1)through(4)of this this Contract are applicable shark be discharged or in any other manner Paragraph discnminated agwnsl by ere Contractor o any subcontractor because such C. r employee has hied arty complaint or instituted Or caused to be instituted any proceeding o has testified or is spout ro lash man (t)� �mechanic�haN�required to work m surroundings IY y proceeding or under working condirbons which are unsanitary.hazardous.or danger- under Or relating to the labor standards applicable under this Contract to ous to his heafth and sakity as determined under construction safety ano his employer tai by Y by ® W=t Haum a promulgated the of Later regulation Act.As used in this Para- (2)The C4ntraclxor shall comply wM all regulations issued by the graph•the terms"laborers"and"mechanics"include watchmen and Secretary of Labor puntuaint to Title 29 Pan 1925(forrneriy part 1518)ano guards" feature to Con"may result in imposition of sanctions pursuant to the Co, (�1 No contractor o subcontractor contracting tract Work Hours and Safety Standards Act(Public taw 91-54.83 Stat 96; lOr any part Of the COntraCl work which may re quire or involve the employ- (3)The Cointracilor shall include the provisions of this Article in every MOM of Laborers Or me:chenics shall reQuwe or permit any such laborer or subcontract so that such provisions will be bonding on each subcontractor mechanic m any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any subcontract as in excess of forty the Secrswry of Housing and Urban Development or Otte Secretary of Latx hours in such workweeks unlesg such laborer or mechanic receives com. shall direct as a means of enforcing such provisions START WORK NOTICE I PLEASE RETURN TO THE FOLLOWING ADDRESS; I DHUD, Labor Relations, 6ASL P. O. Box 2905 Fort Worth, TX 76113-2905 This is to notify you that construction has started on the following project : HUD PROJECT NUMBER: LOCATION: DATE OF START WORK: NUMBER OF WAGE DECISION TO BE USED: BRIEF DESCRIPTION OF WORK: CONTRACT AWARD DATE: AMOUNT: BID OPENING DATE: (Signature) (Title) (Telephone Number) PLEASE SUBMIT TWO (2) COPIES 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 regulationi promulgated thereunder. Specifically, Contractor shall comply with the following Acts and Orders and their regulations: 1. _EXECUTIVE ORDER 11246_ EQUAL OPPORTUNITY CLAUSE: SECTION 202 During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: * employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensa4ion; 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 races colors religion, sex or national origin. ce 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 Departmentu) 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 cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the sentence immediately preceding Paragraph a and the provisions of Paragraphs a through g in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. h. The Contractor shall submit a certification and shall require each of its subcontractors to submit a certification that all facilities provided for employees of Contractor or any subcontractor shall be fully integrated, and Contractor shall not permit its employees to perform their services in any- locations under its control:. where segregated facilities are maintained. io The Contractor and each subcontractor shall permit access during normal: business hours to its premises for the purpose of conducting on—site compliance reviews and for inspecting and copying such books, records, accounts and other material as maybe pertinent to compliance with the Order and the rules and regulations promulgated pursuant thereto by the City. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purposes of the Order and the Act. 2. 6EEIBMA1IME_=N ACTS a. In performance of all contracts, the Contractor will comply with the Affirmative Action Guidelines of Executive Order 11246 and the implementing regulations and documents thereof. b. In performance of all contracts in the amount of $10,000 or more: Contractor will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, and the implementing regulations and documents and shall have on file a written affirmative action policy, which has the stated work force goals of 18.2% minority persons and 6.9% females, and must follow the hiring practices specified in Subsettion C, below. Additionally , Contractor agrees to the following provisions: (1) The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the _ 2 _ Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment are given to lower income residents of the project area and contracts for work in connection with the project are awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR -135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, i 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 i4ork in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development -`as set forth in 24 CFR 135. The Contractor will not subcontract with any subcontractor where, it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. , Failure to fulfill these requirements shall subject the applicant or recipient , its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant, loan agreement or contract through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135. C. In performance of all contracts in the amount of $50,000 or more, W where the Contractor employs more than twenty-five non-construction employees, the Contractor must promulgate a specific affirmative action plan, and must 3 take specific affirmative action to ensure equal employment opportunities. Contractor shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain a working environment free of harassment , intimidation and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and are carrying out the Contractor's obligations to maintain such a working environment, with specific attention to minority and female individuals working at such sites or in such facilities. The Contractor, where possible, will assign two or more women to each construction project. (2) Establish and maintain a current list of minority and female recruitment sources and provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual . If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the City when the union. or unions with which the Contractor has. a collective bargaining agreement have not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor 'has other information that the union referral process ha*s impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeships and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subsection (2) above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 4 (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, lay-off, termination or other employment decision, including specific review of these items with on-site supervisory personnel , such as superintendents and general foremen, prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the 'name and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (8) Disseminate the Contractor' s EEO policy externally by including highlights of it in any advertising in the news media, * specifically including minority and female news media, and providing written notification to, and discussing the Contractor' s EEO policy with, other contractors and subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after-school , summer and vacation employment to minority and female youths, both on the site and in other area -of the Contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR, Part 60-3. (12) Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (13) Ensure that seniority practices, job classifications, work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non-segregated except as separate or single-user toilet and necessary_ changing facilities shall be provided to assure privacy between the sexes. - 5 - - (15) Document and maintain a record of all solicitations for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor' s EEO policy and. affirmative action obligations. d. The Contractor shall designate a responsible official to monitor all employment—related activities to ensure that the company EEO policy is being carried out, to • submit reports relating to the provisions hereof as may be required by the City and to keep records of the same. Records for each employee shall at least include: the employee' s name; address; telephone number; construction trade; union' affiliation, if any; employee identification number where assigned; social security number; race; sex; status; dates of changes in status; hours worked per week in the indicated trade; rate of pay; and locations at which the work. was performed. Records shall be maintained in an easily understandable and retrievable. form; however, to the degree that existing records satisfy this requirement, Contractor shall not be required to maintain separat'e 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 mans, any person employed in - i the construction, completionor repair of public work to give up any part of the compensation to which he or she is otherwise entitle; and, if found guilty of -doing so, shall be fined not more than $5,000 or imprisoned not more than five (5) years, or both. 4. D8VIS—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 �42i U.S.C. 276a to a-7). This Act requires contractors to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor and to pay wages not less often than once a week. Specifically, Contractor agrees to comply with the following Department of Labor regulations (29 CFR Part 5): a® Minimum Wages All laborers and mechanics employed or working upon the site of the work performed pursuant to this contract will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act)® the full amount of wages and bonafide fringe benefits (or cash equivalents thereof) due at the time of payment, computed at rates not less than those contained in the wage determination of said Secretary of -Labor (which is attached hereto and _ 6 _ made a part hereof), regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bonafide fringe benefits under Section 1(b)(2) of the Davis—Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Paragraph d of this clause; also, regular contributions made or costs incurred for more than a weekly . period under plans, funds or program which occur the particular weekly period, are deemed to be constructively made -,or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classifications of work actually performed without regard to skill , except as provided in the clause entitled "Apprentices and Trainees. " Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer' s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under Paragraph b of this clause) and the Davis—Bacon poster shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where they can easily be seen by the workers. b® Employment of Laborers or Mechanics not listed in Aforesaid Wage Detemination Decision (1) The City shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under this Contract shall be classified in conformance with the wage determination. The City shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: X (a) The work to be performed by the classification requested is not performed by a classification in the wage determination; (b) The classification is utilized in the area by the construction industry; and (c) The proposed wage rate, including any bonafide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification or their•• representatives and the City agree on the classification and wage rate, including the amount designated for fringe benefits, where appropriate, a report of the action taken shall be sent by the City to the Administrator of the Wage and Hour Division, Employment Standards Administration, United States Department of Labor. The Administrator, or an authorized representative, will approve, modify or disapprove every additional classification action within 30 days or receipt and so advise the City or will notify the City within the 30—day period that additional time is necessary. 7 (3) In the event the Contractor, the laborers or mechanics to be employed in the classification, and the City do not agree on the proposed classification and wage rate, including the amount designated for fringe benefits, where appropriate, the City shall refer the questions,uestions, including the reviews of all interested parties and the recommendations of the City, to the Administrator for determination. The Administrator of the Wage and Hour Division, or an authorized representative, will issue -a determination within 30 days of receipt and will so advise the City or will notify the City within the 30-day period that additional time is necessary. (4) The wage rates determined pursuant to the above provisions shall be paid to all workers* performing work in the classification under this Contract from the first day on which work is performed in the classification. CO Fringe Benefits Not Expressed as Hourly Wage Rates Whenever the minimum wage rate prescribed in this -Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay either bonafide fringe benefits or an hourly cash equivalent thereof. d® Anticipated Costs of Fringe Benefits If the Contractor does not make pa'ymenis 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 meting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor with respect to fringe benefits being provided by the Contractor must be submitted to the City with the first payroll filed by the Contractor subsequent to receipt of the findings. e. Underpayments of Wages or Salaries The City . shall , upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this Contract or any other federal contract with the saw 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 _ g _ 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 app.licable wage determination. fe 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 contributio'ns 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 a'nd certification of trainee programs, the registration of the apprenticeships and trainees, and the ratios and wage rates prescribed in the applicable program. (2) (a) The Contractor shall submit weekly a copy of all payrolls to the City if the City is a party to the Contract, but if the City is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the City. The payroll submitted shall set out accurately and completely all of the information required to be maintained under Paragraph (1) of this Section. The information shall be submitted in a form approved by the City. The Contractor is responsible for the submission or copies of payrolls by all subcontractors. (b) Each payroll submitted shall be accompanied by a "statement of compliance", signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be maintained under Paragraph (1) of this Section and that such information is correct and complete; i (ii) That each laborer or mechanic employed on this Contract during the payroll period has been paid the full weekly wages earned, without rebate , either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions. (iii) That each laborer or mechanic has been paid not less than the applicable Wage rates and fringe benefits or cash equivalent for the classification of work performed, . as specified in the applicable wage determination incorporated P 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. Employwent of Apprentices and Trainees (1) 9R ro entices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bonafide. apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administratian, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or .if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprenticeship wage rate, who is not registered or otherwise employed as stated above shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the — 10 — applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor ' s or subcontractor's registered program shall be observed. Every apprentice must be paid at no less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must .be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a state apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be- permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the. U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site 'shall not be greater than permitted under 'the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than- the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee 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 gage 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 iiage rate on the wage determination of the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for work performed until an acceptable program is approved. 11 - (3) dual Employment QpportuniU. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. h. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of -the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, to be made from wages actually earned by persons so employed or to be employed in such classifications, in accordance with the provisions of this Contract, shall be posted at appropriate conspicuous points at the site of work. i. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to the classification of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the City for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Contractor will comply with all provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as supplemented by Department of Labor Regulations (29 CFR, Part 5). Specifically, Contractor will comply with the folloWing standards: a® Overtime Compensation No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweeks unless such laborer or mechanic receives compensation at a rate not less than one and one—half times his or her basic rate of pay for all hours worked in excess of 40 hours in such workweek. b® Violation: Liability for Unpaid Wages: Liquidated Damages In the event of any violation of the clause set forth in Paragraph a of this section, the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his or her unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in Paragraph a of this section. ti c. Withholding for Unpaid Wages and Liquidated Damages The City shall , upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the j 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. MIS ELLANEQUS PROVISIONS a. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any compliant or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. b0 Questions concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, . United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statue, shall be referred, through the City and the Secretary of Housing and Urban Development, to the Secretary. of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. - 13 - it C. Provisions to be Included in Subcontracts The Contractor or subcontractor shall insert in any subcontract the above-specified clauses entitled "3. COPE AND ANTI-KICKBACK ACT", "4. DAVIS-BACON ACT" "5. CONTRACT WORK HOURS AND SAFETY_ STANDARDS ACT", "60 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 may also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. eo EaVloyment Practices The Contractor shall (1), to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) insert or cause to be inserted this provision in each construction subcontract. f® Contract Termination, Debarment ' A breach of any of the Acts or regulations specified in Paragraph c, above, may be grounds for termination of this Contract and for debarment as a Contractor and a subcontractor, as provided in 29 CFR 5.12. g® Disputes Concerning Labor Standards Disputes arising out of the Labor Standards provisions of this Contract shall not be subject to the General Disputes Clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR, Parts 5, 6 and 7. Disputes, within the meaning of this Clause, include disputes between the Contractor or any of its subcontractors; and the City, the U.S. Department of Labor, their employees or representatives. h® Certification of Eligibility (1) By entering into this Contract, the Contractor certified that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Sections 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). - 14 - (2) No part of this Contract shall be subcontracted to any person or firm* ineligible for award of a government contract by virtue of the above-mentioned sections. & CLEAN AIR AND WATER ACT a. Contractor shall compl with all requirements of Section 114 'of the Clean Air Act, as amended �42 U.S.C. 1857, et seq.), and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) relating to inspection, -monitoring, entry, reports and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this Contract. b. No portion of the work required by this Contract will be. performed in a facility listed on the EPA List of Violating Facilities on the date when a this Contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. z C. Contractor shall use its best efforts to comply with clean air standards and clean water standards at all facilities in which the Contract is being performed. d. Contractor shall insert the substance of the provisions of this clause into any non-exempt subcontract, including this Paragraph. 9. LEAD BASED PAINT HAZARD In all contracts for construction or rehabilitation of residential structures, the Contractor and all subcontractors shall comply with the Lead-based Paint regulations found in 24 CFR 35 and shall comply with the provisions for the elimination of lead-based paint hazards under Sub-Part B thereof® 10. RESPONSIBILITY OF CONTRACTOR REGARDING REPORTS Contractor will comply with the requirements of the City of Fort Worth's Department of Housing and Human Services regarding the compiling and reporting of statistical information required by the Federal regulations outlined above. Specifically, Contractor agrees to submit all completed reports according to the instructions and requirements of the Fort Worth Department of Housing and Human Services, and Contractor understands the failure to do so may be cause for termination of this contract. 11. CERTIFICATION AND ACKNOWLEDGMENT I certify that I have read and understand the information regarding my obl igatio6s as a Contractor on a project .funded by the United States Department i € — 15 — I of Housing and Urban Development, which is contained in the preceding Contract provisions. I understand that, should I have any questions regarding my obligations, I will as soon as possible contact the Fort Worth Department of Housing and Human Services staff member who is assigned to monitor this Contract. WALJ 'WILLIAMS CONST• IR(:- P. O. BOX 4620 . FORT. .W.QRTH, TEXAS 76.16.4 Conte for B Title G' - - - i i i i I I i - i i ' i i — 16 — U.S. DEPARTMENT OF HOUSING AkD URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (.30 CFR 12319-25). °The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the Contract whether they have participated in any previous contract or subcontract subject to the Equal Opportunity Clause; and, if so, whether they have filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes [3"�'No ❑ (If answer is yes, identify the most recent contrz%*t.) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes No ❑ 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. Yes El"'No ❑ 4. If answer to item 3 is "No,m please explain in detail on reverse side of this certification. Certification - The information above is true and complete to the best of my knowledge and belief® / Name and Title of Signer (Please Type) i Signature Date U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of .a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting.to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, .and cooperative agreements) 'and that all subrecipients shall certify and disclose accordingly. Signature Title Date i i — 18 - i i 4 C U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, s the duly authorized and acting legal representative of -r-kt 1����� , do hereby certify as follows: I have examined the attached Contracts) and surety bonds and the manner of No ,01OA execution thereof, and I am of the that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements . on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Date: ® 19 i PROPOSAL j TO: MR. BOB TERRELL Fort Worth, Texas City Manager Fort Worth, Texas I FOR: RECONSTRUCTION OF SOUTH HUGHES STREET FROM AVENUE J TO ROSEDALE STREET PROJECT NO. 020-67-040265-0 DOE NO. 121 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 frilly complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Department of Engineering Director of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 Lump Sum Utility Adjustment @ Ten-Thousand Dollars & No Cents Per L.S. $ 10,000.00 $ 10,000.00 S.P. 2 2 Ea. Project Designation Sign @ oe�d Dollars & ,moo Cents Per Ea. $ 300.00 $ 600.00 S.P. 3 20 L.F. Remove Existing 7" Curb and IS" Gutter @ ,-B)V, ' Dollars & 4,-o Cents Per L.F. $ �� $ 104 4 160 L.F. Remove Existing Concrete Runners @ mwE .Dollars & .0c.0 Cents Per L.F. P-1 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 104 5 80 S.F. Remove Existing Concrete Sidewalk, Leadwalk and/or Wheelchair Ramps @ Dollars & ,+vv Cents Per S.F. 106 6 2,500 C.Y. Unclassified Street Excavation @ S P s- ��-w Dollars & Cents Per C.Y. CPO 212 7 84 Tons Cement @ Dollars & CFO ,�vta Cents Per Ton $ -' —z - 210 8 5,621 S.Y. 6" Cement Stabilized Subgrade 30 lbs./S.Y. @ y Dollars & Cents Per S.Y. L--Z' 314 9 5,436 S.Y. 6" Reinforced Concrete Pavement @ S.P. S�xrc--c--�r Dollars & ,r:,n Y•v.. Cents Per S.Y. $ Z1:61�g 90 726.�¢ 502 10 2,524 L.F. 7" Attached Concrete Curb @ S P T Dollars & 00 Cents Per L.F. $ 2 $ S.P. 11 6,290 L.F. Silicone Joint Sealant for Concrete Pavement @ Dollars & �i r,y Cents Per L.F. 504 12 2,672 S.F. Standard 6" Reinforced Concrete Driveway @ Dollars & Cents Per S.F. P-2 ' I - I i SPEC PAY APPROX. DESCRIPTION OF ITEMS.WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 504 13 320 S.F. Standard 4" Reinforced Concrete. Sidewalk, Leadwalk and/or Wheelchair Ramps @ ,ecz Dollars & .vo Cents Per S.F. $ i S.P. 14 265 L.F. Relocate Existing 4' or 6' Fence @ r-"iv '- Dollars & ,-VV Cents Per L.F. $ 312 15 60 Tons H.M.A.C. Transition @ S.P. .s��c--�vey�sy�' Dollars & Cents Per Ton $ S.P. 16 8 Ea. Adjust Water Valve Box @ Two-Hundred Dollars & No Cents Per Ea. $ 200.00 $ 1,600.00 S.P. 17 5 Ea. Manhole Adjustment @ Two-Hundred Fifty Dollars & No Cents Per Ea. $ 250.00 $ 1,250.00 S.P. 18 22 Ea. Adjust Water Meter Box @ Thirty-Five Dollars & No Cents Per Ea. $ 35.00 $ 770.00 500 19 100 L.F. 6" Pipe Subdrain @ S.P. Dollars & olt/dp Cents Per L.F. $ 116 20 770 C.Y. Top Soil @ S.P. Dollars & �u Cents Per C.Y. $ 9.00 $ 6,930.00 542 21 2 Ea. Remove Existing Manholes - All Sizes @ �i��v�.rro,eco Dollars & ,.vo Cents Per Ea. $ ¢;may �° $ r Z�,•mo i P-3 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 452 22 8 Ea. Remove Standard 10' Inlet @ S.P. Dollars & Awe Cents Per Ea. $ _- 440 23 18 L.F. 21" CL. III R.C.P. @ . Dollars & Cents Per L.F. L 440 24 173 L.F. 24" CL. III R.C.P. @ Fry vs� Dollars & Cents Per L.F. $ --r/°� $ �,5'�-3•a� 440 25 48 L.F. 27" CL. III R.C.P. @ ��Fry,�iyE Dollars & 14-W Cents Per L.F. $ 440 26 163 L.F. 39" CL. III R.C.P. @ S�ri�r.ty,0-3v.P Dollars & Cents Per L.F. 440 27 95 L.F. 39" CL. III R.C.P. 4' Beveled Radius Pipe @ Ine ter: 1117 Dollars & Allbp Cents Per L.F. $ 7c ao• $ 7 ��°• S.P. �28 450 L.F. Trench Safety @ Dollars & F�rrY Cents Per L.F. 444 29 2 Ea. Standard 10' Inlet @ S.P. �".'!a%1P9�t�D Dollars & �v Cents Per Ea. $�?lhs�•do $ `� '� I i 444 30 4 Ea. Standard 4' Sq. Manhole @ Dollars & I i+m Cents Per Ea. $ .3,m�•�� /2, .°O I P-4 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 402 31 550 C.Y. Trench Excavation and Backfill @ r� a,�.•+ L-- Dollars & Cents Per C.Y. $ 110 32 50 C.Y. Unclassified Channel Excavation @ S.P. six Dollars & .w., Cents Per C.Y. $ 400 33 5 C.Y. Structural Excavation @ S.P. aw-e- Dollars & •� Cents Per C.Y. $ /. S.P. 34 4 Ea. Sloping Inlet T e S @ atilE"�jYOaS ..isrp �-Gso 41V*,r,•0,e6zz0 Dollars & s�v Cents Per Ea. $ ea W, $ 35 180 L.F. Permanent Paving Repair @ Dollars & Cents Per L.F. $ _912 e' $ TOTAL I i P-5 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texag 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, 199E The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. shall with City Ordinance 7278, as amended by City Ordinance 7400(Fort Worth City Code The Contractor comply P Y S::.:tions 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 Fifty (50)—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. execute the formal contract Within ten (10) days of receipt of notice of acceptance of this bid,ance of this contract. The attached deposit check and will deliver an approved Surety Bond for the faithful perform ) is to become the property in the sum of �.�lP ��°�`� Dollars ($ of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. I (we), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing b id Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted, BY: Address: oBoR I Telephone: (SEAL) . Date: /�•. ,� �' 9 r6 _ i P-6 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION i ADDENDUM NO. 1 RECONSTRUCTION OF S. HUGHES FROM AVENUE J TO E. ROSEDALE PROJECT NO. 020-67-040265-0 DOE NO. 121 RELEASE DATE: July 29, 1996 INFORMATION TO BIDDERS: The Plans for the above mentioned project are revised and amended as follows: 1. Bids have been delayed one week and will be opened August 8, 1996. 2. On the construction detail sheet(sheet 2 of 7), The subtitle for Joint Detail No. 2 should read"Seal for Transverse Construction Butt Joint." The Contract documents for the above mentioned project are amended as follows: 3. In the Proposal, revise pay item number 22 to read: 452 22 6 E.A. Remove Exist. 10' Inlet @ S.P. Dollars & Cents Per E.A. $ 4. In the Proposal, add pay item number 36 to read: 452 36 2 E.A. Remove Exist. 20' Inlet @ S.P. j ,moo,Ev Dollars & irro Cents Per E.A. $ gym,`=° $ 5. In the Special Provisions,the special provision for pay item number 6 should read: PAY ITEM NO. 6 -UNCLASSIFIED STREET EXCAVATION: See Standard Specification Item No. 106, "Unclassified Street Excavation", for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included under this item. All objectionable material found within the limits of excavation shall be removed from the job site and disposed of in a manner satisfactory to the Engineer. Removal of such shall be subsidiary to this item unless otherwise provided herein. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered subsidiary to this item and no additional compensation shall be given as such. The intention of the owner is to pay only plan quantities without measurement. Should either contracting party be able to show an error in the*quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather that plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 6. In the Special Provisions,the special provision for pay item number 22 should read: PAY ITEM NO. 22 AND 36-REMOVE EXISTING INLETS: Standard Specification Item No. 104"Removing Old Concrete"shall apply expect as herein modified. The appropriate pay items shall include all labor,material, and equipment necessary to remove and dispose of the existing 10' and 20' inlets and remove and dispose of corresponding lead lines. Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. PT ACKNOWLEDGED: Av- z ) A. DOUGLAS RADEMAKER, P.E. DIRECTOR DEPARTMEN OF ENGINEERING WALT WILLIAMS CONST. It4Q By: P. O. BOX 4620 ohn Firing, P. FORT WORTH, TEXAS 76.16.4. 01�tanager,Engineering Services i CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO.2 RECONSTRUCTION OF S. HUGHES FROM AVENUE J TO E. ROSEDALE PROJECT NO. 020-67-040265-0 DOE NO. 121 RELEASE DATE: July 31, 1996 INFORMATION TO BIDDERS: The Contract documents for the above mentioned project are amended as follows: 1. In the Proposal,revise pay item number 31 to read: 402 31 550 C.Y. Trench Excavation and Backfill @ S.P. Dollars & Cents Per C.Y. $ 15�. O $ =gS7S To 2. In the Special Provisions add the following item: PAY ITEM NO. 31 Trench Excavation and Backfill: Standard Specification Item No. 402"Trench Excavation and Backfill" shall apply except as modified below: The removal of existing R.C.P. storm drain lines shall be subsidiary to the unit price bid per C.Y. for Trench Excavation and Backfill. No additional compensation will be made to remove existing storm drain mains. Standard Specification Item No.452 "Remove Old Structures" shall apply. Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. RE IPT��ACKNOWLEDGED- A. DOUGLAS RADEMAKER, P.E. DIRECTOR, DEPARTMENT OF ENGINEERING � WAL-1 I LIA,MS CONST. {NC, P. Q. BOX 4620 By: FONT W-OPTw, TEXAS 7.6.104 ohn Firing,P.E. Manager, Engineering Services ATTACHMENT A �I STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $ 2 92" rd ALL OTHER CHARGES : $ �.a��_S'?�� TOTAL : $ This total must agree with the total figure shown in the Item and Quantity Sheets in the bound Contract. For the purposes of complying with the Texas Tax Code , the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. VENDOR MiPLIANCE 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 taw provides that, in order to be awarded a contract as lour 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 sane amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a. comparable contract in the state in which the non-residen0 a 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 " neet 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 lover 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. S. Our principal place of business or corporate offices are in the State of Texas. - BIDDER: many (please print SiRnatur 'Title: City State Zip (please print) T11IS FORM KUST BE RETURNED VIT11 YOUR QUOTATION City of Fort Worth Minority and Women Business Enterprises Specifications SPECIAL INSTRUCTIONS FOR BIDDERS j APPLICATION OF POLICY th to d tat otiarvalue o Ai, r. �e�#rie�MtBtr:: oatsare::a ticabie:::::fF:aheaotal:rtotta•: xalue:ofae:co ntract:is th n 2 000`>the MIIN E:: ..........::.. : POLICY STATEMENT It Is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy Is to Increase the use of MIWBE firms to a level comparable to the availability of qualified M/WBEs which provide goods and services directly or indirectly to the City. M/WBE PROJECT GOALS The City's MBE/WBE minimum goal on this project Is 16 °/6 of the total dollar value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more,bidders are required to comply with the Intent of the City's MIWBE Ordinance by either of the following: 1. Meet or exceed the above stated minimum MIWBE goals,or, 2. Good Faith Effort documentation,or, 3. Waiver documentation. 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. 1. MIWBE Affidavit Statement received with the bid documents on bid opening date. 2. MIWBE Utilization Form received by 5:00 pm,five(5)City business days after bid opening. 3. MIWBE Goals Waiver Form received by 5:00 pm,five(5)City business days after bid opening. 4. Good Faith Effort Form received by 5:00 pm,five(5)City business days after bid opening. ::::>::;:; RE `fl COMPLif` T#��'HE [T 'S MIWB�flE�bihlAl�iC ,;ALL RE;;IjL'1CIt�'I<'M>r Any questions,please contact the M/WBE Office at(817)871-6104. Rev.316196 City of Fort Worth _ _ Minority and Women Business Enterprises Specifications Affidavit Statement Project Name Project No. ozo-G9-�,4o�Gs'-o to. . 1?`THIS Ct7tItlPt '' l ;:APDA1t1< .S' ATiStJITIT# tT OI^ I�IR C� # Si�t�T lAt T I ;::v:. .::........ .P.. .��.�9.�.��..7rf.i..�� t:���� Yt�.?i�Ss::::i:::jv»`.."t:2i'�'i'..'•.:':':.'i.... The undersigned bidder hereby certifies that they will comply with the City's MIWBE Ordinance and the specifications of this bid in the following manner: [check the most appropriate number(s)] 1. THE M/WBE PARTICIPATION WILL MEET OR EXCEED THE STATED GOAL,WILL COMPLETE THE M/WBE UTILIZATION FORM. 2. THE M/WBE PARTICIPATION WILL BE LESS THAN THE STATED GOAL,WILL COMPLETE "GOOD FAITH EFFORT FORM". 3. NO M/WBE PARTICIPATION, WILL COMPLETE "GOOD FAITH EFFORT". 4. NO SUBCONTRACT OR SUPPLIER OPPORTUNITIES AVAILABLE, WILL COMPLETE WAIVER FORM. thorized Signature Printed Signature Title Contact Name and Title (if different) Ccrs'i7)•I_.elc a Company Name Contact Telephone Number(s) Address Fax Number City/State/Zip Code Date Rev 316196 e�, A►JG t:; 8 9'5 ATTACHMENT 1A Page 1 of 2 ® CITY OF FORT WORTH and WBE UTILIZATION FORM Prime Company Name Bid Date Project Name Project Number The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule,conditioned upon execution of a contract with the City of Fort Worth. The I willful misrepresentation of facts Is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. M. �;�,?;,,�t3.FI3 ;�ITc3iI;iE'��,'".�O" "� ?�7IHE.ar Ce •.��f�: !' �-•..✓, .t,.. <.,. .. ,..P�Y� :.��..,.:. >rla �,>v 1j ♦rMv V .=•••trI<.it"/. t:2'_y�ifJW::% ii Y!`�`';,�'�':y o; ,.:.,...+.::::::...,::�:,r. - +x•.�:�"'r Yy .!}-.l:'r.i;til%cp:`. .. ..:rr�,:i,^.:ir i�"'. ... `=:•: 4•rtitn,"".'drs.-,...•+.r- "•i^�i�i-!r,•:.�?-:..>tiTLtV�i,�.t:�;{?:.rv:•�:-., ��(r�/��� iY YWi�'•M,L Lrv' Vaa"'4'4•`-:• /%iF..., �M�4.�..U31V p�� !�jn(_7y�y{K �[� ocrna-rr,: ,-v �-°-•..c• j�}(`�-]J{'�{�mr.•:; -�•..w..�...:::•r.+.rr., .�.�i'•g•x_t�.y�.2:. �„�,�✓..„.,v�:�:-r-;cv..,.:...:,•;. •tiir:<"y'M1; �M'�7j"P�7 M�F.�. �1:fMi7�yr/'�Y{\:<�<!! Trf.>:nrw::v{.?. �i+�'R'"..•y:--:a�SA'..f//. ;:YG!:IwM.F}'i%4:P.!. {�••j[��Y%wiv'.v My: � yr .w4'u rY+'�.'�• VMS �.±,.���L� -F�Y.1'%rN�F < "![4^ipMA'y1<": �JCC<'r rC1f"�' fO�:i.WJvii�?S-a�..•�•..t\ ..N.tt.N. � /�'/ l� ?"���!\i�ri r,.,S:K'h.,.++a•,w,a+.<w..r..r..Y,....,r:::<+•..w%C::;;,++,..wan:✓.:..,..!..:.:rr.'-.;� is?.-..:.:••:,...�.:...YF�+a:..K F�:.�.v�f+}�n0' f!...r:r.•:.r.!-r:.:.w,wr.w.!w'i�h^+; sS, f-✓r ��s..t..rk., i;, :yr;: Wes"_ A►a-fBu4 /5�e" � l79 s v 2 3 /. `S i t 7 '0 u. .'da (`)Acceptable certifying agencies,please specify: (NCTRCA)North Central Texas Regional Certit-c-ation Agency (") � Only first and second tier acceptable. DCT)Texas Department of Transportation THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 pm,FIVE(5)C€TY BUSINESS DAYS AFTER BID OPENING Rev.316/96 1 . -t i i ATTACHMII -NT 1A Page 2 of 2 MBE and WBE UTILIZATION FORM .....:..:......:: ..... ..... ............... acne:.: .:n Co ..:�d...r.�ss ......- n ............ ca�mv v.s �°ise. The bidder further agrees to provide, directly to the City upon request,complete and accurate information regarding actual work performed by all subcontractors,Including MBE(s)and/or WBE(s)on this contract,the payment therefore and any proposed changes to the original MBE(s)and/or WBE(s)arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books,records and files held by their company that will substantiate the actual work performed by the MBE(s)and/or WBE(s)on this contract, by an authorized officer or employee of the City. Any willful misrepresentation 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. ALL MBEs and yBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD i Authorized Signature Company Flame i Title Date Rev.3/6196 i I ATTACHMENT 1 C Page 1 of 4 GOOD FAITH EFFORT FORM I Prime Company Name Bid Date Project Name Project Number If you have failed to secure M/wBE participation and you have subcontracting and/or supplier opportunities.or if your M/wBE participation is less than the City's project goal(s),you must complete this form. If the bidder's method of compliance with the MNVBE goals is based upon demonstration of a "good faith effort!", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by.the City. Compliance with each item, 1 thru 8 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, misrepresentation, or intentional discrimination by the bidder. atur�:ta:forrlplete::##�.ts:#o:.r..m;;An:�s:<er��r� <su ,. . .... ....� x �tfanaomg-Department-orr-nr�•before�v`40-om��v���5)'�it�r�lyuslriess'e[�ys°�ite�°I;Td`�r�tie»tridtistiil:�esiitt t 1. Please list each and every subcontracting and/or supplier opportunity which will be used in the completion of this project,regardless of whether it is to be provided by a M/WBE or non-MMBE (use r additional sheets, if necessary) List of Subcontracting Opportunities Supplier Opportunities /a T•/e` Rev.3/6196 F - ATTACHMENT 1C -Page 2 of 4 2. Did you obtain a current list of MMIBE finns from the City's MANBE Office? The list is considered in compliance if it is less than 2 months old from the date of bid opening. /YES Date of Listing 0? NO i ;:'•:.dde.::::::::::::):>::<:;:<::<::>;::;:): en fang NOT��•�::af�a:S1G:1istt�f::M/:1l�l.BE:as:> .e4���ess;<ah..e.,bt.........r...�.nus�:contact:h.......::.............:.....t.t....�.:..rt::�t?nf�.......:....:.::::.�.�::: i ���� ore tfia``"���� th. n ct t•ea'��f>>=r �<=���>`i �>:>::.�':..::::;:;ies-o::.;s�4��a,:d`�•`�>` >�<' (G���Gstiof'IVIN1/BE....m .. f . n.fiu .. . . . ... ... ..�. s..... is::)ii))iv..)?;:.ii iv.::�.'+siiii iiis:i'iiii'ii::+":ii:i)::iii:vi:4:•:•)'6::::::!:•:isw::{•.�...... •::::-::::,�...:::::•:i)i.��.i::•)!..•.):•)):'.i::-r ::.�:.�:::.:::::::::.::::::::::•:•:v:•:::)?)::..:)::;i•:i•::':.)))'•)'::•))i)):i�:v):n:::ni))i)'r)Y.'•....... .:.n...... ..... .......r.........v................. ........................... ...:....... ..................x)+.....:....: '.:b ;:. s+than:::fiive.ao::bn<3n>:co - liancewith:: uest�ons: :.a ::<::>:_::;>;>��::twa-thtrds:::ofiihe>�tst...ut:no.��es..:....................................................................................::....:.::............n........................................ 3. Did you attend the Pre-Bid conference scheduled by the City? YES Date of Pre-Bid / / NO �NA(Pre-Bid not scheduled by City) Did you request bids'from M/WBEs in attendence at the Pre-Bid conference? YES MfWBE Company Contacted Person NO NA(No MNVBEs at Pre-Bid) 4. Did you solicit bids from MMBE firms,within the subcontracting and/or supplier areas previously listed, on a timely basis by mail? YES _ If yes, attach M/WBE mail listing and dated copy of letter mailed. NO 5. Did you solicit bids from MIWBE firms,within the subcontracting and/or supplier areas previously listed, on a timely basis by telephone? YES If yes,attach list with: Name of M/WBE firm, Person /.(a -711 Z 9t contacted and Date of contact.. NO 6. Did you solicit bids from MfWBE firms,within the subcontracting and/or supplier areas previously listed, on a timely basis. by advertisement in local newspaper(s)? 'AYES ��,,�►� 7/j,//9( If yes,attach copy(s)of advertisement,with date(s). NO Note:"On a Timely Basis"is considered ten days prior to bid opening. i ATTACHMENT 1C Page 3 of 4 7. Did you provide plans and specifications to potential MNVBEs or information regarding the location of plans and specifications in order to assist the MNJBEs. ✓YES NO i 8. If MNVBE bids were received and rejected,you must(1) list the MNVBE firms and the reason(s)for rejection (i.e., qualifications, quotation not commercially reasonable, etc.) and (2) attach j documentation to support the reason(s)listed below(Le...letters, memos, telephone calls, meetings, f etc.) Please use additional sheets, if necessary,and attach. Company Name,Address Contact Scope Specify Reason for r and Telephone Person of Work 1ABE WBE Rejection x •• r, Z. S t i. .................................................................................. .�:..................;...,....................................................... i07 :;81ddrs: r; ontan> oca , :11st#h ;same;M/YVB.Eanthri<�otatact:: s' .rezaus ........ L } r'� 4....:ot::be::deeme.il.0�, rn' ff l A. •ivjy..:x:...:.............::...:.::.:::x.. .. �:::tom:.; ..... n im. ATTACHMENT 1C Page 4 of 4 ADDITIONAL INFORMATION: Please provide any additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the.City upon request, complete and accurate information regarding actual work.performed on this contract, the payment therefore and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. . i Any willful misrepresentation 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. The undersigned certifies that the information provided and the MfVBE(s)listed was/were contacted in good faith. It is understood that any MfWBE(s)listed in Attachment IC will be contacted and the reasons for not using them will be verified by the City's MfNBE Office. CA thorized Signature Printed Signature Title Contact Name and Title(if different) i Company Name Telephone Number(s) ��� �•�'an, _�i�J- GAG-o�.�s Address Fax Number i Cit->JState0p Date Rev.316196 CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: RECONSTRUCTION OF SOUTH HUGHES STREET FROM AVENUE J TO ROSEDALE STREET PROJECT NO. 020-67-040265-0 DOE NO. 121 i 1. SCOPE OF WORK: The work covered by these Plans and Specifications consist of the paving of South Hughes from Avenue J to Rosedale with 6" Reinforced Concrete Pavement on 6" Cement stabilized Subgrade and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. AWARDING OF CONTRACT AND WORKING DAYS: A. Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. B. The number of working days shall be Fifty (50) 2. All utilities and right-of-way easements are expected to be clear on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities and right-of-way easements are clear. The Contractor shall not hold the City of Fort Worth responsible for delay in work order of this Contract. 3. Contract will be awarded to the lowest responsive bidder. 4. The Contractor agrees to complete the Contract within the allotted number of calendar days. If the Contractor fails to complete the work within the number of calendar days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Construction of the City of Fort Worth, Texas. 5. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is more than 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity stated in the contract. SP-1 When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. I In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15% as described herein below, agreed upon in writing by the Contractor and Department of Engineering and approved by the City Council after said work is completed, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by law or by ordinance. The Director of the Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15% of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. Upon request, the Contractor shall provide the Director of the Department of Engineering access to all accounts, bills and vouchers relating thereto. 6. The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. 7. This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION- CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION- NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the SP-2 Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 8. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Department of Engineering. i 9. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one (1) year from date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 10. Construction stakes for line and grade will be provided by the City as outlined on P-17, Standard Specifications for Construction, City of Fort Worth. 11. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department. Signs and Markings Division (phone number 871-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. 12. PAYMENT: The Contractor will receive full payment from the City for all work. 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, SP-3 or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 14. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1". 15. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. 16. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at contractors expense. In the event that the contractor disposes of spoil/fill material,at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of 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. 17. During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 18. All objectionable matter required to be removed within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102, "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. SP-4 19. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 20. 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 asphaltic 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 provided a certified copy of the test results to the City. (c) Quality control testing of in-place 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. (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. 21. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 22. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 23. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, SP-5 drilling rigs, pile drivers, bnhGon equipment or oiod|ur apparatus. The warning sign mhoi nsud as follows: ^ "WARNING--UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." C8 Equipment that may be operated vviLbio ten feet of high voltage lines oba}\ have an bomulmbog cage-type of guard about the boom or ucnn, except back hoes or dippers, and insulator links on the lift bnnd connections. (3) When necessary to work within six foot of high voltage electric lines, notification mbuU be given the power company (Tl7 Electric Service Co.) v/bicb 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 aba!| maintain an accurate log of all such calls to TD }5\cctr\u Service Company, and oho|\ record action taken in each uuom. (4) The Contractor is required to make arrangements with the Tl) Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person mboll work within six feet of high voltage line without protection having been taken as outlined in Paragraph (3). 24. Any contractor performing any work on Fort Worth water or sanitary sewer facilities must-be pre-qualified with the Water Department tn perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications, which general upecibuodnou sbuD govern performance nf all such work. 25. RIGHT TO AUDI � (a) Contractor agrees that the City shall, until the expiration of three i]\ years after fioulpayment under this contract, have acuoao to and the right to uxuon)no and photocopy any directly pertinent books, documents, ' papers and records of the Contractor involving tcauoucd000 n:!utiog to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate `pork myucn in order to conduct audits bu compliance with the provisions of this section. The City obu]| give contractor reasonable advance octioo of intended audits. (b) Contractor further ugroam to include in all its subcontracts hereunder u provision tothe effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, Puyara and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate ) and appropriate vvnrb space, in order to conduct audits in compliance with the provisions of this article 8I'-6 ` together with subsection (c) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photo copy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of copies as follows: 1. 50 copies and under - 10 cents per page. 2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter. "(a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working to all necessary Contractor facilities and conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended i audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." i CONSTRUCTION NON-PAY ITEM NO. 1 - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing". However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM NO. 2 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM NO. 3 - PROTECTION OF TREES PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored, after completion of the work, to a condition equal or better than existed prior to start of work. SP-7 The City of Fort Worth shall provide block sod and hydromulch where necessary as determined by the Construction Engineer. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street rights- of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All i 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 trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak 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: No direct payment will be made for this item and it shall be considered incidental to this contract. PAY ITEM NO. I - UTILITY ADJUSTMENT: 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. 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. 2 - 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. SP-8 The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer, and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support, and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO 6 - UNCLASSIFIED STREET EXCAVATION: l See Standard Specifications Item No. 106, "Unclassified Street Excavation:, for specifications governing this item. All undercut excavation necessary to lower subgrade to make room for the designated depth of base shall be considered as "Unclassified Street Excavation" and shall be paid for under this item. Subgrade preparation shall be as required under Item No. 204, "Subgrade Preparation." All objectionable material found within the limits of excavation shall be removed from the job site and disposed of in a manner satisfactory to the Engineer. Removal of such shall be subsidiary to this item unless otherwise provided herein. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. PAY ITEM NO. 9 - 7" REINFORCED CONCRETE PAVEMENT: A. All applicable provisions of standard Specifications Item 314 "Concrete Pavement," shall apply. The contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. B. Cracks in newly constructed concrete pavement: All crack(s) shall be individually evaluated by the construction engineer to determine severity. The entire panel of pavement (to the nearest joint) shall be removed and replaced at the contractors expense if it is determined that such crack(s)will undermine the structural integrity or maintain ability of the pavement. Crack(s) which are determined to be cosmetic in nature shall require no change. The Construction engineer at his sole discretion may dictate that only SP-9 II one half(1/2) of a panel be removed and replaced providing that adequate measures have been taken by the contractor to eliminate sympathetic cracking. PAY ITEM NO. 10 - 7" ATTACHED CURB: The Contractor may, at his option, construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as herein modified. a) Integral Curb Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. b) Superimposed Curb Concrete shall have a minimum compressive strength of three thousand (3,000) pounds per square inch at twenty-eight (28) days. The quantity of mixing water shall not exceed seven U.S. gallons per sack (94) lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3) inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. PAY ITEM NO. l 1 - SILICONE JOINT SEALING: CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11) "Joint Sealing Materials of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH, and Item 2.2.10 "Joint Sealing" of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION- NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. SP-10 I I 2. DESCRIPTION This specification for silicone joint sealing shall apply to, but shall not be limited to, all Portland Cement Concrete street pavement and curbs. 3. MATERIALS 3.1 The silicone joint sealant shall meet Federal Specifications TT-S-001543A for Class A sealants except as modified by the test requirements for the Class I, Class II and Class III silicone joint sealants of this specification. Before the installation of the joint sealants, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealants meet these requirements. 3.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 3.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant for asphalt as manufactured by Dow Corning Corporation, Midland, MI 48686-0994, or an approved equal. Self-Levelina Silicone Joint Sealant for Asphalt Test Method Test Requirement AS SUPPLIED ... Non Volatile Content, % min.96 to 99 MIL-S-8802 Extrusion Rate, grams/minute275 to 550 ASTM D 1475 Specific Gravity1.260 to 1.340 ... Skin-Over Time, minutes mad.60 ... Cure Time, daysl4 to 21 ... Full Adhesion, days14 to 21 AS CURED - AFTER 21 DAYS AT 25C (77F) AND 50% RH ASTM D 412, Die C Mod.Elongation, % min.1400 ASTM D 3583 Modulus @ 150% Elongation, psi max.9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @ + 100/-50%No Failure ASTM D 3583 Adhesion to Concrete, % Elongation SP-11 (Sect. 14 Mod.) min. 600 3.4 The joint filler stop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the "Construction Detail" sheet for the various joint details with their respective dimensions. 4. TIME OF APPLICATION i On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail" sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the "dummy" joints, the initial 1/4 inch width "green" sawcut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure water washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7) days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) and rising. 5. EQUIPMENT 5.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows. 5.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 5.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 5.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable traps for the removal of all free water and oil from the compressed air. The blow-tube shall fit into the saw-cut joint. 5.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 5.6 Injection tool: This mechanical device shall apply the sealant uniformly into the joint. 5.7 Sandblaster: The design shall be for commercial use with-air compressors as specified in Paragraph 5.4. SP-12 i i 5.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. The shall be compatible with the joint depth and width requirements. 6. CONSTRUCTION METHODS 6.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations. 6.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the "Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 6.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tape shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 6.4 Joint Sealant: Upon placement of the bond breaker kod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. sealant left on the pavement surface shall be removed sealed joints shall be refilled. Excess s p Unsatisfactorily SP-13 I i I and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. �I Traffic shall not be allowed on the fresh sealant until it becomes tack-free. I Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the i Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. I 7. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. 8. BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot (L.F.) as provided in "MEASUREMENT" for "SILICONE JOINT SEALING", which price of shall be full compensation for furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. PAY ITEM NO. 14 - RELOCATE EXISTING 4' OR 6' FENCE: This item shall include the relocation of fences from within the R.O.W. to the P.L. as indicated on the plans. Fences damaged during relocation shall be replaced in kind at the contractor's expense. The unit price bid will be full payment for materials including all labor, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 15 - H.M.A.C. TRANSITION: This item will consist of the furnishing and placing at varying thicknesses an H.M.A.C. surface in transition areas where indicated on the plans, as specified in these specifications, and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specifications Item 312. SP-14 III The price bid per ton H.M.A.C. Transition as shown on the Proposal will be full payment for materials including all labor, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 16 - ADJUST WATER VALVE BOXES: i 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. The unit P rice bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO. 17 - MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing manholes to match proposed grade as shown on the plans and as directed by the Engineer. Standard Specification Item No. 450 shall apply except as modified herein for sanitary sewer manholes. Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compund for sealing interior and/or exterior joints on concrete manhole sections, as per current City Water Department Special Conditions. PAY ITEM NO. 18 - ADJUST WATER METER BOX: This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes which are within 0.1' of specified parkway grade (leave as is). The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO. 19 - 6" SUBDRAIN: No specific location for this item is designated on the plans. Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the Engineer. Subdrain installation shall be per construction standard S-S 11. PAY ITEM NO. 20 - TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume (full truck with sideboards up) tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and SP-15 I �I may be substantially less than the proposal quantities listed. PAY ITEM NO. 22- REMOVE EXISTING INLETS: Standard Specification Item No. 104 "Removing Old Concrete" shall apply except as herein modified. I This item shall include all labor, material, and equipment necessary to remove and dispose of the existing 10' inlets and remove and dispose of corresponding lead lines where shown on the plans. PAY ITEM NO. 28 - TRENCH EXCAVATION SAFETY PROTECTION 1.00 DESCRIPTION This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work" for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable federal, state and local rules, regulation and ordinances. 2.00 MEASUREMENT AND PAYMENT All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal, which shall be total compensation for furnishing design, materials, tools, labor, equipment, and incidentals necessary, including removal of the system. PAY ITEM NO. 29 - STANDARD 10' INLET: Where shown on the plans, the unit price bid for standard 10' inlet will include all labor, material, and equipment necessary to reconnect existing leadlines to proposed standard 10" inlets. PAY ITEM NO. 32 - UNCLASSIFIED CHANNEL EXCAVATION: Where shown on the plans, the unit price bid per C.Y. shall be full compensation for excavating and smoothing the existing bar ditches to drain to proposed inlets as indicated on the plans and directed by the Engineer in the field. The unit price bid for Unclassified Channel Excavation per C.Y. will include all labor, material and equipment necessary to complete the work. SP-16 PAY ITEM NO. 33 - STRUCTURAL EXCAVATION: This item is included for structure excavation necessary to install the proposed sloping inlets Standard Specification Item No. 400 "Structural Excavation" shall apply. PAY ITEM NO. 34 - SLOPING INLET TYPE S: The unit price bid per Ea. shall be full compensation for furnishing and installing proposed inlets to details shown on sheet 7 of 7. The applicable details have also been included in the contract documents to ensure the details are legible. j SP-17 CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT: HUGHES ST. (AVE. J TO ROSEDALE) DOE NO. : 0121 PROJECT NO. : FUND CODE: 03 HOLE # 1 LAB NO. : 20876 LOCATION: 80 'N. OF AVE. J E/4 -------------------------------------------------------------- ' 6 . 00" HMAC 4 . 00" CRUSH STONE 10 . 00" BROWN CLAY -------------------------------------------------------------- i ATTERBURG LIMITS: LL: 37 . 8 PL: 15. 2 PI : 22 . 6 SHRKG: 14.0 V MUNSELL COLOR CHART: 5/3 LT. OLIVE BROWN HOLE # 2 LAB NO. : 20875 LOCATION: 580 'N. OF 'AVE. J W/4 -------------------------------------------------------------- ' 3 . 25" HMAC i 5 .00" CRUSH STONE i 10 .00" BROWN CLAY i ATTERBURG LIMITS: LL: 19. 1 PL: 14. 9 PI : 4.2 SHRKG: 2 .0 % MUNSELL COLOR CHART: 4/4 BROWN SANDY CLAY HOLE # 3 LAB NO. : 20872 ' LOCATION: 1080 'N. OF AVE. J E/4 -------------------------------------------------------------- ' 4. 00" HMAC 4.00" CRUSH STONE i 10 .00" BROWN CLAY i -------------------------------------------------------------- ' ATTERBURG LIMITS: LL: 20 . 7 PL: 15. 4 PI : 5. 3 SHRKG: 0 . 0 % : MUNSELL COLOR CHART: 4/3 BROWN SANDY CLAY D.O.E. 0121 PAGE 2 I APPROVAL: I R N JERI ROUTING DATE TESTED: 06-01-95 JAMES ANDERSON DATE REPORTED: 06-07-95 JIM DEETER INSPECTOR: FILE TESTED BY: CARDWELL,HOISINGTON BAKER,NAIL MRMAC OR CCM PL LANCE WrrH 'S M&PENSATION LAW i i Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides workers' carrpensation insurance cover- age for all of its emplayees eaployed on City of Fort Worth Project Number 020-67-040265-0 Walt Williams Construction, Inc. i Title Date SIME OF TEXAS $ COUNTI'Y OF TARPRU BZM' E 2S, the undersigned authority, on this day personally appeared Gv. -64 --le- , known to m to be the person whose rhmm is subscribed to the foregoing instrument, and acknowledged to re that he ex- ecuted the same as the act and deed of ,e .� �-2-ms for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER 14Y HAND AND SEAL OF OFFICE this 7*4- day of Notary Public in and for the State of Texas CERTIFICATE OF INSURANCE To: City of Fort Worth Date: November 5, 1996 PROJECT: Reconstruction of South Hughes Street from Avenue J to Rosedale Street NUMBER: 020-67-040265-0 This is to certify that: Walt Williams Construction, Inc. P.O. Box 4620 Fort Worth,Texas 76164 is at the date of this certificate, insured by this company with respect to the business operations hereinafter described,for the type of insurance and in accordance with the provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side thereof. T ype Of Insurance POLICY NO. EFFECTIVE EXPIRES LIMITS OF LIABILITY Workers Compensation WC1031209471 11-1-96 11-1 797 EACH ACCIDENT $500,000 Comprehensive General Bodily Injury: $ 1,000,000 Liability Insurance Each Occurance: COMBINED .(Public Liability) Property Damage: SINGLE TPP1031844478 1-6-96 1-6-97 Each Occurence: $ LIMIT Blasting Each Occurence $ Collapse of Buildings or structures adjacent to Each Occurence $ 1,000,000 excavations TPP1031844478 1-6-96 1-6-97 Damage to underground Each Occurence $ 1,000,000 Utilities TPP1031844478 1-6-96 1-6-97 Builder's Risk Bodily Injury 1,000,000 Comprehensive Each Person $ C0I4BINED Each Occurence $ SINGLE Automobile Liability BUA1031222642 1-6-96 1-6-97 Property Damage LIMIT Each Occurence $ Bodily Injury Contractual Liability Each Occurence $ 1,000,000 TPP1031844478 1-6-96 1-6-97 Property Damage COMBINED Each Occurence $SINGLE LIMIT Other UMBRELLA UMB1031222656 1-6-96 1-6-97 $1,000,000 BI & PD Locations covered: TEXAS Description of operations covered: LISTED ABOVE The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than five(5)days after the the insured has received written notice of such change or cancellations. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. Agency TUCKER AGENCY, INC. CNA INSURANCE COMPANIES Fort Worth Agent TOBIN TUCKER By: ° Address P.O. BOX 2285, FT. WORTH, TX 76113 Title: AUTHORIZED REPRESENTATIVE C:\CNTRCDOC\BONDS\CANNON.BND i ::::.'•::::: ::;?%:i; :5::'is i.;:i::::';.i;;.:::::::: i i :';`+i>: ::i; '<::i:i ii;: ii: ..... ..::i::`:i i..... ......i::; `y :';:'.#%'..ii; < yy.'•: ::'::::::.:::::::.:::.::.:::.::..::.:.:::.::..:...... c:o;:a:•;:;•;:•: ;:;::•;:o:;• ... ... .•:: .. :: .. .:. air;.......... r. DATE(MM/DD/YY) :iS:2ii:'S::i::::i::::i::::::ii`:i:7S; % ':: ::'`: ."::: ;i;.: :i: :.:is :..`•::;:.; '::::: :: :�`::::..':: � :.. ii�' %::. :;:.`;: •.. '::•:.":i:::•.i �iii::?:iii;;iiiii2i;iiii:i%iiii9iiY%YYi'iiiiii:ii;:;i:iFfjijii;%?i:;iki ',.. 10/11 /96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE Wm.Rigg Co. DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 750 N.St.Paul,SN1900 COMPANIES AFFORDING COVERAGE COMPANY Dallas,Texas 75201 A Continental Casualty INSURED COMPANY B Transportation INS CO Walt Matzner Excavating Co COMPANY 2733 Quinn Fort Worth TX' 76105 COMPANY .'r. :•T.: tt ..+.' ''•'' i;? •`. `` r E%'3s y i# ``` % ............. ' y' ` <i�` 3 t............................................................................................................5 > I . E<#. 'S #....................................................................... i' < . # :::....:............:........................................................ :.............. ........ .......... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, j EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS LTR DATE(MM/DD/ DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE 1000000 COMM.GENERAL LIABILITY PROD-COMP/OP AGG. A B11S890360 7/24/96 7/24/97 0000 CLAIMS MADE ®OCCUR PERS.&ADV.INJURY OWNER'S&CONTRACT'S PROT EACH OCCURRENCE FIRE DAMAGE(One Fire) I 5ffinf) i MED EXP(Any one person) 5000 AUTOMOBILE LIABILITY COMBINED SINGLE A rX ANY AUTO B115890357 7/24/96 7124/97 LIMIT 500000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODH.YINJURY NON-OWNED AUTOS (Per aecident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE 1 BEXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND SCATUTORY LIMITS EMPLOYERS'LIABILITY WCB129633280 7/27/96 7/27/97 EACH ACCIDENT 100000..... THE PROPRIETOR/ JNCL DISEASE-POLICY LIMIT 500000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPL. 100000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ;y'::::::::::::::::::.:•.;•::::<:::�::{::.;�•:•.,>M:::}:,:,::..iii;:iii i;.:::;:i;:%:i:i:i;:iii::::;::;:::,iii;;i::i::`i:::::<:::::'y,:ii;i;c;:i<: ;ii: �y,Y y'�.:':c''' :V+�::::�i 'i:;:i;::'f:::::::::::::it::: :::::i:;':`:::'':::`::'i::;:::i%"s:5::%<'i: ::•,':i:::':: :`::::;i`:5:i;:i::::':::::";1::: :::::.�''rl=!f�.`3,1::4 .4�'Y'.'f.7;A�.:F:i:::F.��.4:tY.#�.�..':;:::r;;:::;:;:::::::•::i�;::::::5::::;::::;;:;;:;:;::;::i:::;:;:;:<:r,..::::::.::::�::::::::r:::::;::;::........ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE WALT WELLIAMS CONSTRUCTION,INC EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTN:CHRIS FRANKO LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR PO BOX 4620 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE FT.WORTH,TX 76164 / G ISSUE DATE(MM/DD CERTIFICATE OF INSURANCE IYY) PRODUCER THIS CERTIFICATE'IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE l"i IE:: 11,ifi:f::a'Ili `( t:a:)1'I1'r`tl I r POLICIES BELOW. COMPANIES AFFORDING COVERAGE )X 76:1.24 0*.�1.1tj i COMPANY COMPANY B (INSURED LETTER! 'I t�J.CI''•I .[:;T�.'.�1'-�:C1'iL_.((�i��i::i 1''lt�31"tla::.) � COMPANY i LETTER C' I��ai::''r'i'•li:!L..!�j#�+ i•�i ,(•l..li��il...'I� �:�: l.:0I'It:;..l F"(A."',-fl.(D1.4 l.a'J LE TTER COMPANY D 1')< .f 6 02.5?y I COMPANY B I) LETTER COVERAGES , { '' qs ? THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI POLICY EFFECTIVE POLICY EXPIRATION LTR; TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDNY) DATE(MMIDD/YY) LIMITS GENERAL LIABILITY_ i GENERAL AGGREGATE $ 2,N ti)ti.�1.�µS�(.�to ( COMMERCIAL PRODUCTS-COMP/OPAGG. x i (: , t . f: irt { .,, r ) {; > : $ :: ){}t}I,t) }0 CLAIMS MADE OCCUR.1 PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. I I , EACH OCCURRENCE ($ 1 vj w 0 lJt)t! FIRE DAMAGE(Any one fire) 1$ r.:rE.:y 000 .. 1.a.ii•�I I h:r��if::"(lJr••rL.;�:�.i.�t.) . ,. ;, j MED.EXPENSE(Any one pennon) !$ r _ AUTOMOBILE LIABILITY V-- - ' COMBINED SINGLE j . ANY AUTO I LIMIT $ 9 :I.. 000 000� i � ':ia < 0 •.. i .'� }3 I ALL OWNED AUTOS j X BODILY INJURY j$ SCHEDULED AUTOS j I (Per person) }i HIRED AUTOS BODILY INJURY (Per accident) $ }` I NON-OWNED AUTOS GARAGE LIABILITY PROPERTY DAMAGE I$ ~tEXCESS LIABILITY t;. ;?� ;, •j it ') f' EACH OCCURRENCE $ i.�t�000,()00 j UMBRELLA FORM j j AGGREGATE i$ '5 000 000 I OTHER THAN UMBRELLA FORM : '''. :?.,.�.•'e:. »•••'• -- j STATUTORY LIMITS WORKER'S COMPENSATION ;ar94' (`{ AND txl t°: '1. :!.r).7 t <>+1..( I {}:;'r i :1 t:'r?r 6 {}'�1f D lr EACH ACCIDENT_. $ 15 0. 2 ,0Q G. DISEASE—POLICY LIMIT $ ri{}t?a 0. EMPLOYER'S LIABILITY I :.x r','Iit;.DISEASE—EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION M :_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO t: 0 MAIL I C- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION i•' f l•�it:!i:T I°I I r. .%; :1.;t`a�d OR LIABILITY OF ANY KIND UPON MPANY,ITS AGENAS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE r . s ae CORD CO `''' ACORD 25-S(7/90) - —__ yr'A:t.° tr1,!' a,:•,;•' QbA RPORATION 1080; -•: ,,.,�.,•, .w. ,,,,,,,.Y�..`k fir:::SMshy...\ri5:}\'.vy'a,.:� ,Ya.;,•y�\\ •t,\\�,�a:%>,x ';"<},\:,\:.:.;s�C'k,'.aa�;;:{\.. ate....\a: "� '�:' U'�'Sj�;iw:,.....,v•..a�i'<�'L uYi•.«; w^ ','. fie za^� ,. ,\\ '\�`„ ,. „\�c::�. ., .a.,�,, a�, .x'^a \a`;,': •a�w �'\'v'x••-.. ,,'`�x:\\,,:, \�;:^< ., \\\.^ y��+ ® .. ... ..^,• ;�.. .:> e� . '• •�.^\\wad^atis'S\\��.\ DATE MMIDDIYY .h ®!Y® •'r :a:» :,..ash.,..,, \� 't;\`::'}i::2:S'::z';•'} ,v.`Yi,v:•:SnvvR`.vu.,:a,,..:v., 'M w.v.+•:,,•.,•:,•;:.,..::?ai:..vv v.•n•., :„vq,:,•y,,,,v.,v.v.;•:.,v.x;•:.a,..,..:..:. i-}N:S:•:•:••:•:A:}}:•::•%:}h.\.'•.hh}}h^:•}:}:}ti::^':h:.}..•`..1�•h:}h.hh.v...........{�,:\:•h:'h.,h::..}kY•tiiJC:O}..':.'•k^:•}}:•}%iv:^h...ay.,:.,.vv. ,v}:.::vn,:: ..,,,..a., PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE JOHN A.MILLER&ASSOCIATES,INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O.BOX 7214 ALTER THE COVERAGE AFFO DED BY THE POLICIES BELOW. FORT WORTH,TX 76111-0214 COMPANIES AFFORDING COVERAGE PHONE: (817)834-7111 FAX: (817)834-7115 CO A MARYLAND LLOYDS INSURED COMPANY J.D.VICKERS,INC. B MARYLAND CASUALTY COMPANY P.O.BOX 11321 FORT WORTH,TX 76110 COMPANY C NORTHERN INSURANCE COMPANY OF NEW YORK COMPANY COLONIAL CASUALTY INSURANCE COMPANY L.�,,^.a:....,:,...,...,a„:..,•.v<,,,,,:.\.M,.,,�xa,,. . :.,,\^ :t.,ah v. ,.^az?:zz:`zzz�x>.a�.tzzz;<:;>.;<zza\^>;zzo`^zzzz>.e\�.}•:^axzcz`zsz:...,.as , ,..aa,,,. , :, a a...\ za``�.�` ., :•• a •. t}��;:,,.•., z,,,,a..::.,..,.,.w.^, r+,.,:;,^:,:^s?.,,,,::.::a.::a..,,,,,..,,,,a„a,..:,,,,.., a\a.:.a.o.,,,,^,,,a,aaar^:H,a:,a\zz:,zx::zz;;;zza`:za'„z..x^,•:.^„^,..cazx<asa\�:zazaaz,,\•a.,,a\\\a„\ :��i.,,y{1.��{�L�.,yyLL1��•..//11yy �•.�:•:::•.,,..,.::.,a.:.:•.,:.::.::••:}:}:•,,:..,:..::.:..,..,a...,,:.::.,•::.a...r..^.:•.:•:.,•:.,a:.r::::...:,..,.::::..,,.,.,,,:..:.w.,�..,.:a..,..:�'::.zh\....:.r.::.:..•.a.•:::.,•,.•.: ,•.:.:.:•.,,.. ,^^:::..,,•::::•.a•:.,•..,::•:.•:.,,,:^.:...:::.a..,:.:.^,•:.,,,,•.,,..^•.:,,a�•.a.,,,^ ,a :, :K�i.Ol•I�.R�I.�1�Fili!••„vaw:•r::::::n,v;..u}:,•:•:;:::,,,:::,.n,:•.:,:•.a+.,.v:n,vv.•.:.t:,,•vw.:,,,,:,,,,..:,...,::..:.:..v.:v.:':..,.::..\::a,,:..:v:...,.n..,,..:v:..:::v:::.:..vv:).�:•:::::::•:�`.-•:n...::v:..:::.,w:r.•:v::v.•:::.:.a..,,::.:n.:..a::v•a,.,.:..:••.v •.a,\ v,a\.. w.w.,.,....a.. ,.•.,S.aw,...,.ha,,,...•.w,•.a,,..,...w....,.,,.a,,,w,,,aa,a,,,N':,•a..,a,,.,.,,,a.w.,.....u.,�..',,.,,,..•„t,<,.,a,.S;d:.a•...�a•..,..,2,,,,a•..aw,a,,,a,w}.aa,,,,,.ar.a:awaw+.wa.,,,,.Yaa,vaa..a,,,.�:aa„a...,a\,..�a„aa,aa\,a\'�.J...a\\\,\\,aa\ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMOD” DATE(MNUDD” LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000 000 A X COMMERCIAL GENERAL BILITY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE OCCUR EPA 29298362 07/27/96 07/27/97 PERSONAL&ADV INJURY $ 1,000 000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 50,000 MED EXP(Anyone person) $ 5,000 AUTOMOBILE LIABILITY A X ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS WAA 29298495 07/27/96 07/27/97 (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 2,000,000 C X UMBRELLA FORM UBA 69548478 07/27/96 07/27/97 AGGREGATE S 2,000,000 OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSATION AND X TORY UFATS O R D EMPLOYERS•LIABILITY WC 962232 07/27/96 07/27/97 EL EACH ACCIDENT $ 500 000 tt pROPwEroRr X INCL EL DISEASE-POLICY LIMIT $ 5500,000 PARTNERSIE'*CUiNE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVENICLESISPECIAL ITEMS BLANKET CERTIFICATE—ANY&ALL JOBS PERFORMED BY THE INSURED DURING THE DESIGNATED POLICY PERIOD ,4.,K,n}v2>..^,2zi;:izz";:•'.•'.i'; ..zj2tiv?z.i}i;:,.+:.,}..w.,.;,.;. \a. .h. r•.zs�zzzzz<za.:.:a:•..:..,:.hz.:az.>::\::..,.::;::z a. .a.,a.:.Ma..,: :. �,., .3tt:!`:2},..::xtza,•:,w;r.:,.,+,a.:..,a;..,:::.....lsq...,...,:::.:.:...,•.:::..,.:.,;.:`.,t..:..ay..>.;• ..,��}•y. •: `"••:;2:'r :,,•.,,,,,, i'�3*tti�..,. ,,.\:> ,,,.,,\.v•.:...,w.,,,,,,,.,:a„•r..,,a,,,.,s.,,,,•.,•.,.,,.„,,,•.,.,,.h\2:::;\z; ,l4ti',.,` .,•.,,,,,,,,,.,..,,,,,,,,.,.aa,,...w..,2a;:;;::z:;:i:.:.•`.;�:;;:;„,,a+.,.a�.•,,,.,,,\\',,,:,,., SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE WALT WILLIAMS CONSTRUCTION, INC. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P. O. BOX 4620 110 DAYS WRITTEN E CERTIFICATE HOLDER NAMED TO THE LEFT, FORT WORTH,TX 76164 BUT FAILURE TO IL SUCH NOTICE HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN UPON THE COMPANY IT AGENTS OR REPRESENTATIVES. AUTHORIZED R SEN �,Y,\\Y.,:•}}}}`Q}}}�.`.\^}}N}}>Y•?� ':.C2\•,, \::a,:a\``a+:a��v.,a\\ vva N.S,.`a\aa\`•^i.,\`\a^,\`\N�a\i `a�:a\a\ `\�...a„`C^„a, ,a \\\`..:��\ \`•^.,•^.i\:iva,��v'2��} ::Ya2;•C}}m,•hay,.}xha}M1Ub,.;C,.\`\, \ e` :..}ate.:aa.,?, a,\",:••,a.s`\s\\\,:\” :..az.v. �\, .,..Ma a..\...,� \.1.,.��`\,a, y a:. \,..,• :M:'\.., „\\,a..:,,i. •. ..,.•£„.,•r.„a\,\\^::.22�vvnon„v}.,a22\,,:\..,\a.:,,n,A�`i:.C„a .. ,Ya`�i ii;�`:;'•:::<:.\`.: , zz:•`.::`.+::>.%ia..>",.y� •\ :..a:.:,.`,i:•�t{t•h`>T.;.;}}}}}:•.v,�•,v rr.}?v\.�'.,vv.:�•::::n•.,:•.,,v.::;::•:.:•.::•::::..,:.. v:,•\,,..,an•.,.: :,.h::�.a{.;.:.,.rn:..,.::: ........:..::...:..:,,......,...:,.::>; .t•^ ii1y>isii }<:<:::: ::?: :'?? �>'iG.`•#i%iiii:'.•''¢ :i2s} ?>:i:: ;isi::i'iii� >:::2:> <:ii(yiy::iii :i<askiiiasi?it'der: ?k; a ? >�c ?sas3?�'�<`<Sidi :;>:a�::s>::;::;::>:;:i:S�:�:;;F;Si:i;;::::i:;:::;:: '''',,.. �l r ,�p •............ ISSUE DATE ( MdDDtYY) �® �?!. > - ;:.:s�:: ....:...:::.�::::.::.::::.::::•:::.>:......:....::.::::;:ii:i #`ii:%::%:iii g�mm, ppe�w#F '�° p��n, ,. ;, �... �. :: ' ��. :tl+ ':iii:•:3:':r:::::;;:;;:,•': :;::;isi:::::: :i:';::::::;'i<::::'::;:!$>:�:::;::>:r�:::i i ® �{I'®®t•': i iiRaw .�a�:;:� i::R:. ii: M::S::S.� .... ...:.....::.::..:..:.::.:...:..:.::............................................... . ...B{►� 03127186 `aAOOUC�::;:s::.................................................................:..........................,............ AND �•�+••��tAATTER••OF•INFORMATION ONLY •.•••THIS••CERTiFiCATE�•IS�ISSUED••AS A CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTAR THE COVERAGE AFFORDED BY THE Texas Truck Insurance Agency POLICIES BELOW. P. O. Box 560344 COMPANIES AFFORDING COVERAGE Dallas TX 75356 COMPANY A American Equity LETTER COMPAN LETTER Y B Western Indemnity INSURED COMPANY C T P Max, Inc LETTER 3528 Peoria Ave COMPANY Dallas TX 75292 LETTER COMPANr E LETTER ES:::i:�%�# :%%: ??r'r' ?};::::;:i::i#ii::':<:?:afi%is�ii:%2'• ::c: :>.�:: �::� �'';%iiiii: ::::s::is�: :?::': :'53 i%'•'>3>'r':�?<::`: #�:# :`': :i''f:;i:?# %::':i::'•';i?>'•::>:'.<iii:'•:�:`'•:`':%'•:%'':`•?i >!: ::':::::'':':'?:'::':':'':�}`i'f i`' :':: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO; TYPE OF INSURANCE POLICY NUMBER i POLICY EFFECTIVE ;POLICY EXPIRATION d LIMITS LTR? E DATE (MMIDDNY) DATE(MMIDDMY) i 'GENERAL LIABILITY AC017813 ; 92122185 92122188 1,000,000 i GENERAL AGGREGATE $ Ai......... :. ........................................................... X COMMERCIAL GENERAL LIABILITY i PRODUCTS-COMPIOP AGO. $ 9,000,000 CLAIMS MADE X :OCCUR, i ? 9,000,000 ..PERS PERSONAL&ADV.INJURY S OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 9,000,000 i FIRE DAMAGE(Any one fire) S 50,000 ......... ....................................................... i .............................................................. ......................... i MED.EXPENSE(Any one person)S EXCLUDED ;AUTOMOBILE LKaLrTy i COMBINED SINGLE i••••••••• i LIMIT $ ANY AUTO ALL OWNED AUTOS ;BODILY INJURY SCHEDULED AUTOS person) $ (Per HIRED AUTOS i BODILY INJURY $ i......... ; (Per accident) NON-OWNED AUTOS GARAGE LIABILITY ;PROPERTY DAMAGE $ ................. : EXCESS LIABILITY i EACH OCCURRENCE $ ...................................................................................... i UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM . i ........................................... ... :... ............. ... .... ...................................................... : ....... X STATUTORY LIMITS WORKER'S COMPENSATION ® �D s WWC100037 03195/86 03195187 ��ACCIDENT s................ 500000 .................................... ..................... DISEASE-POLICY LIMIT S 500000 EMPLOYERS LIABILITY DISEASE-EACH EMPLOYEE S 500000 :. ........................................................................................................i OTHER .......................................................................................................................................................................................................................................................................................................... DESCRIPTION OF OPERATTONSA.00ATIONSNEHICLESISPECIAL ITEMS Certificate holder is named as addrt insured in regards to generat liability SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO Walt Williams Construction Co :`•iii• MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE c/o John Stabile « LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR PO Box 4620 ?;? LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Ft Worth TX 76164 :i4UTHOR REPRESS A Eases Truck ens anae Agency, ►no .�.,:..:.:::.:;:.:..;,:..zr•:,:::::::::;az<::;i:::S:::::<;:::::::i>::;:::::::s<:::>:>;:i;<;::s::z::<:::::;�.:::>:>5::;>Q::::::�:::>:::�::::::%:::::>:»:> :>:'':":''i�.:";;:;`: si ::£fj::%k�i�i$:%: ::::i$'ici!::: 's::::?:' E:ii:»!:>::::>::t:#:::::><:>::•,:._:::..:::,:,.;:::,.:..:.:::,:...;.;...:::.�.:+...;.:�.::::f::.::.> AI3tIRD:GORPOR91710 O :4 ACaRD 2SS.:� l.••::.. ..,...,...:.:..:...:.....:......::....:..:.... Tnn PERFORMANCE BOND THE STATE OF TEXAS X COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we (1) Walt Williams Construction, Inc. a (2) Corporation of Texas hereinafter called Principal, and (3) Safeco Insurance Company of America a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas , as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: ? Two Hundred Fifty-Eight Thousand,Four Hundred Fifty Nine Dollars and Thirty-Four Cents ($ 258,459.34 ) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators and successors, ,jointly and severally, firmly by these presents. THE CONDITION OF THIS CBLICATION is such that Whereas, the Principal entered into a certain contract with the City of Fort 'forth, the Owner, dated the 29'i' day of October A,D. 19 96 a copy of which is hereto attached and made _a part hereof, for the construction of: Reconstruction of South Hughes Street from Avenue J to Rosedale Street designated as Project Number 020-67-040265-0 , a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plane, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such' contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and ex- pense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect, PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the speci- fications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. seven IN WITNESS WHEREOF, this instrument is executed in 4M counterparts each one of which shall be deemed an original, this the 29th day of October A.D., 19 96 Walt Williams Construction, Inc. NCI (4) ATTEST: / 4BY­ Gr/. A. ohn W. Stabile, Vice-President (Principal) Secretary P 0 Box 4620- Ft-Worth, TX 767.64 (Address) « (S E A L) P 0 Box 4620 Ft Worth, TX 76164 � (Address) Safeco Insurance Company of Lnezi_6a. Su ety ATTEST: Y: (At o ney-in-fact) (5.) Tr c Tucker (Surety) Secretary NOTE: Date of Bond must not be prior to date of Contract ( g L) (1) - Correct name of Contractor (2) A Corporation, a Partnership or an Individual, as .case may be a Witness as to Surety (3) Correct name of Surety (4) If Contractor is Partnership all Partners should execute bond (5) A true copy of Power of Attorney shalt be attached to bond by Attorney-in-Fact. PAYMENT BOND THE STATE OF TEXAS 1 COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we (1) Walt Williams Construction, Inc. a (2) Corporation of Texas hereinafter called Principal, and (3) Safeco Insurance Company of America a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and cor- porations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of: Two Hundred Fifty-Eight Thousand, Four Hundred Fifty Nine Dollars and Thirty-Four Cents ($ 258,459.34 ) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with. the City of Fort Worth, the Owner, dated the 2 9�h day of October A.D. , 19 96 , a copy of which is hereto attached and made a part hereof, for the construction of: Reconstruction of South Hughes Street from Avenue 7 to Rosedale Street designated as Project Number 020-67-040265-0 , a copy of which contract is hereto attached, referred to, and made a -part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 of the Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, and that the said Surety, for value rceived, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the term of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. seven IN WITNESS WHEREOF,, this instrument is executed in IM counter- parts, each one of which shall be deemed an original, this the 29th day of October A. D. 1996 Walt Williams Construction, Inc. Principal (4) ATTEST: B Pri nci pal) ecret ary John W. Stabile, Vice-President S Ea-0 Witness as tb Principa P 0 Box 4620 Ft Worth, TX 76164 (Address) P 0 Box 4620 Ft Worth, TX 76164 -(—Address) i i I ATTEST: Safeco Insurance Company of America (Surety) ecretary urety t B orne i -Fact (57 Tracy Tucker (SEAL) P 0 Box 2285 Ft Worth, TX 76113 (Address7 NOTE: Date of Bond must not be prior fitness as to urety to date of Contract. (1) Correct name of Contractor (2) A Corporation, a Partnership or an individual, as case may be P 0 Box 2285 Ft Worth, TX 76113 (3) Correct name of Surety Address) (4) If Contractor is Partnership, all partners should execute bond. (5) A true copy of Power of Attorney shall be att a.c he d to bond by Attorney-in-Fact. POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE:SAFECO PLAZA SEATTLE,WASHINGTON 98185 SAFECO No. 9150 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint R—HuNDELBERT TUCKER; TRACY TUCKER; TOBIN TUCKER; W. LAWRENCE BROWN, Fort Worth, Texasummumv- I its true and lawful attorneys)-in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. i IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents 3rd f October 1 94 . this day o 9 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that• said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof:' 1, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 29th day of October 19 96 S-1300/EP 1/93 0 Registered trademark of SAFECO Corporation. I CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT i i This agreement made and entered into this 29t' day of _October A.D. , 1996 , 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,Walt Williams Constr. Inc. HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows : 1 . That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows : Reconstruction of South Hughes Street from Avenue 7 to Rosedale Street 2 . That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for C-1 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 . i The Contractor hereby agrees and binds himself to commence the construction of said work within ten ( 10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4 . The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 50 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 $ 210.00 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 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 C-2 Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, .said excess cost. 6 . i Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner and the Construction Manager, their officers, agents, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said contractor does hereby covenant and agree to assume all liability and responsibility of Owner and the Construction Manager, their officers, agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees and invitees whether or not caused, in whole or in part, -by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner and Construction Manager from and against any and all injuries, loss or damages 'to property of the Owner and Construction Manager during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. In the event a written claim for damages against the Contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Department of Engineering, as evidenced by a final inspection, final payment C-3 to the Contractor shall not be recommended by the Department of Engineering to the Transportation and Public Works Department for a period of thirty (30) days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Department of Engineering that the claim has been settled and a release has been obtained from the claimant involved. Although the claim concerned remains unsettled at the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Department of Engineering. The Director of the Department of Engineering shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: ( 1) The claim has been settled and a release has been obtained from the claimant involved, or (2) Good faith efforts have been made to settle such out- standing claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six (6) months period, the Department of Engineering shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six (6) month period, the Department of Engineering may recommend that the final payment to the Contractor be made. At the expiration of the six month period the Director may recommend that* final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Department of Engineering. The Department of Engineering may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth Contract work C-4 -4 from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in Section K of the General Condition of this 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 Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8 . Said City agrees and. binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A , shall be Two Hundred Fifty-Eight Thousand, Four Hundred Fifty Nine Dollars Dollars, ($ 258,459.34 , and Thirty-Four Cents 9 . It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. C-5 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. i 11. Restrictions on Public Buildings and Public Works Projects: I (a) Definitions, "Component, " as used in this clause, means those articles, materials, and supplies incorporated directly into the product. i "Contractor or subcontractor of a foreign country, " as used in this clause, means any Contractor or subcontractor that is 'a citizen or national of a foreign country or is controlled directly or indirectly by citizens or nationals of a foreign country. A contractor or subcontractor shall be considered to be a citizen or national of a foreign country, or controlled directly or indirectly by citizens or nationals of a foreign country — ( 1) If 50 percent or more of the Contractor or subcontractor is owned by . a citizen or a national of the foreign country; (2) If the title to 50 percent or more of the stock of the Contractor or subcontractor is held subject to trust or fiduciary obligation in favor of citizens or nationals of the foreign country; (3) If 50 percent or more of the voting power in the Contractor or subcontractor is vested in or exercisable on behalf of a citizen or national of the foreign country; (4) In the case of a partnership, if any general partner is a citizen of the foreign country (5) In the case of a corporation, if its president or other chief executive officer or the chairman of its board of C-6 i directors is a citizen of a foreign country or the majority of any number of its directors necessary to constitute a quorum are citizens of the foreign country or the corporation is organized under the laws of the foreign country or any subdivision, territory, or possession thereof; or (6) In the case of a contractor or subcontractor who 'is a joint venture, if any participant firm is a citizen or national of a foreign country or meets any of the criteria in subparagraphs (a) ( 1) through (5) of this clause. "Product, " as used in this clause, means construction materials -- i.e. , articles, materials, and supplies brought to the construction site for incorporation in the public works project, including permanently affixed equipment, instruments, utilities, electronic or other devices, but not including vehicles or construction equipment. In determining the origin of a product Grantee will consider a product as produced in a foreign country if it has been assembled or manufactured in the foreign country, or if the cost .of the components mined, produced or manufactured in the foreign country exceed 50 percent of the cost of all its components . (b) Restrictions . The Contractor shall not ( 1) knowingly enter into any subcontract under this contract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the United States Trade Representative (see paragraph (c) of this clause] or (2) supply any product under this contract of a country included on the list of foreign countries that discriminate against U.S. firms published by the USTR. (c) USTR list. The USTR published an initial list in the Federal Register on December 30, 1987 (53FR 49244) , which identified one country--Japan. The USTR can add other countries to the list or remove countries from it in accordance with Section 109 (c) of Pub. L. 100-202 . (d) Certification. The Contractor may rely upon the certification of a prospective subcontractor that is not a subcontractor of a foreign country included on the list of C-7 i countries that discriminate against U.S. firms published by the USTR and that products supplied• by such subcontractor for use on the Federal public works project under this contract are not products of a foreign country included - on the list of foreign countries that discriminate against U.S. firms published by the USTR, unless such Contractor has knowledge that the certification is erroneous . (e) Subcontracts. The Contractor shall incorporate this clause, modified only for the purpose of properly identifying the parties, in all subcontracts . This paragraph (e) shall also be incorporated in all subcontracts . 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 seven 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 seven counterparts with its corporate seal attached. C-8 Done in Fort Worth, Texas, this they day off / /I A.D. 19 RECOMMENDED: CITY OF FORT WORTH DIRECTOR, DEPARTMENT OF r CITY MA.NAGERL ENGINEERING APPROVED: Z fv9° TRANSPORTATION/PWLic WORKS DIRECTOR ATTEST: Walt Williams Construction, Inc. CONTRACTOR ITY SECRETARY (S E A L) John W. Stabile, Vice-President ContractAAuthorizat TITLE Date APPROVED AS TO FORM AND P 0 Box 4620 Ft Worth, TX 76164 LEGALITY: ADDRESS : ( 0 -'CITY ATTORNEY e November 1960 Revised May 1986 Revised September 1992 C-9 i Z- i i PROJECT DESIGNATION SIGN W Agr L tV of (h I "2 V2" __fort Wort "---..._.----------------.�..�,,,�� 11/4• 3 L/2" P r o t Tit 1. f° - - Contractors 1.2 ® . Name 0° 7 3/4° Q^ Completi®n Date 4 r I 5« I vz" 4..0° L04GHORN WHITE (BLUE BACKGROUND W/WHITE LETTERS) LETTEl MQ1CITY Of FORT WORTH-BXXMAN DfMI ITALIC PROJECT TITLE ,CONTRACTOR 6 DATE IN HELVETICA u r r r LA X ® • . ! eJ ® ® W eO ! I 00 Ise I m •o•. ' j2wUfL u os td 71 a _ N <O 1lrr J 1 1 a 0 O1 0 W W bl !fie a.l4$�y j0� g u lel $q OppUU 010.. asj V r� r ®F4 Y NZVa ®! r I!!Wg h%W1Q4V0 pllm O S u y ltV �O �21L 0 III b. P~1 Jp606ppyy W�ym�Or. N! V R Ui 6. 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ILU N Ln z ------------ NOI—I— zi z CL 02 tn 91 x 40 -Fit City of Fort Worth, Texas Council Mayor and is DATE REFERENCE NUMBER LOG NAME PAGE 10/29/96 **C-15725 30HUGHES 1 of 2 SUBJECT APPROPRIATION ORDINANCES AND AWARD OF CONTRACT TO WALT WILLIAMS CONSTRUCTION COMPANY, INC., FOR RECONSTRUCTION OF SOUTH HUGHES STREET FROM AVENUE J TO ROSEDALE STREET (PROJECT NO. 67-0402650) I i RECOMMENDATION: i It is recommended that the City Council: I 1 . Adopt the attached appropriation ordinances increasing estimated receipts and appropriations by $31,216.52 in the Special Assessments Fund and $31,216.52 in the Street Improvements Fund from available funds, and 2. Approve a $31 ,216.52 fund transfer for the property owner's share of construction costs from the Special Assessments Fund to the Street Improvements Fund, and 3. Approve a $67,990.51 fund transfer from the Streets Assessment Project in the Grants Fund to the Street Construction Project in the Grants Fund, and 4. Authorize the City Manager to execute a contract with Walt Williams Construction Company, Inc., in the amount of $258,459.34 and fifty (50) working days for the reconstruction of S. Hughes Street from Avenue J to Rosedale Street. DISCUSSION: The 1990 Capital Improvement Program included funds for the improvement of South Hughes Street from Avenue J to Rosedale Street. The street has not previously been constructed to City standards. Community Development Block Grant (CDBG) funds will provide a portion of the construction costs. On June 30, 1992 (M&C BH-0098), the City Council held a benefit hearing and levied assessments for this project. The street improvements will include the construction of standard concrete pavement, driveway approaches, and sidewalks, where shown on the plans. This project was advertised on July 4 and 11, 1996. The following bids were received on August 8, 1996: Printed on Recycled Paper (.70,91ty ®, ®r Worth, Texas Mayo r and Council Communication DATE REFERENCE NUMBER G 7E PAGE 10/29/96 **C-15725 30HUGHES 2 of 2 SUBJECT APPROPRIATION ORDINANCES AND AWARD OF CONTRACT TO WALT WILLIAMS CONSTRUCTION COMPANY, INC., FOR RECONSTRUCTION OF SOUTH HUGHES STREET FROM AVENUE J TO ROSEDALE STREET (PROJECT NO. 67-0402650) BIDDERS AMOUNT TIME OF COMPLETION Walt Williams Construction, Inc. $258,459.34 70 Working Days Specified McClendon Construction Co., Inc. $259,011.10 Ed A. Wilson, Inc. $270,913.98 The contingency for possible change orders is $12,923.00. The low bidder (Wait Williams Construction, Inc.) is in compliance with the City's MM/BE Ordinance by committing to 8.19% M/WBE participation and documenting good faith effort. The City's goal for this project was 16%. This project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon completion of the above recommendations and the adoption of the attached appropriations ordinances, funds required for this project will be available in the current capital budgets, as appropriated, of the Street Improvements Fund and the Grants Fund. MG:f Submitted for City Manager's FM I ACCUMT I COMR AMOUNT CITY 9ECROWRT Office by: (to) (1)(2)6567 472094 020670402650 $31,216.52 (1)GS94 488032 020940402650 $31,216.52 --7FTG99- 538070 020940402 $31,216.52 (1)GS67 541200 020670402650 $31,216.52 PROVED Mike Groomer 6140 --M—= 341210 020206099610 $52,380.49 CITY COUNCIL Originating Department flead: (3)GR76 1 541210 02020609451 $ 11,267.8E (3)UR76 :)4121U 020206U9251U $ T,= A.Douglas Rademaker 6157 (from) I Off, 29 1996 (2)GS94 538070 020940402650 $31,216.51 (3 R76 538070 005206099350 $52,380.4q jd&„ .el--. 538070 0052060943 $ 11,267.861 City Secret&r-y of the (3)GR76 538070 005206092350 $ 4,342.16 01t7y of Fort Worth,Texas (4)GR76 541210 020206099610 $52,380.49 For Additional Information (4)GR76 541210 020206094510 $ 11,267.86 Contact: 541210 020206092510 A.Douglas Rademaker 6157 (4)GS67 541200 020670402650 $190,468.83 Printed on Recycled Paper /1�7 AdoDted Ordinance No. Adopted Ordinane