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Home My WebLink AboutContract 28500�� '_ �;•ry �' *� �� 1�'1�� . :� �. �I�� ,�;+�� n� # �Li�r$ � �l " ��4 _��'k�� i5 ,'', .�� • �i}r c:��i�:�'�Yc�[v � �� -r�r ��T��v ;��?�� `��Y"�'�.�AC".0 1)()C#�il�I[+�1�`-�'� �C�P�T�A�1` N�D. j•'(�) f� ��'��'�'��= i�7r ' ��-�,r�.a�-��r�'r�� E'�t1�'�lt(�111VU ItG�1�3V�1TI�1�1,S�1T �.._,�i a`_��:"�R'.� ;: ''`� `, �.- -•}�'Y ��i��V� Df�PA��h�1�1�7 E'!t{},TF{:'T' 1�A1�� E�� r,��r'ovrr� �,��x I.a�T'T1_f� i'�',c-�P1,� ��.'�1��?�i �r1��i �LL/��tl��l� �FFtl\I� I+1A�'E'�11�'Ll�, LI'i"['L�+, P�,{}1'1�T, ,�F�lllli3�, Al�ll �I(:D{�NA�.D P.4��1�5 i3i��,�i��-r ,�,u��;u C:1�7C}1�4 3��I1�IFR�1� �l�71 IIII l I) � I��i�i1�4 � �(�{111�##{I-�,��t� 1 {1117i� E,1{��IS� ��l}{111��1�3#�71 {1lIjU � 1�7615��Ii{1�I�Ril�3#�71 {1�1�[} t�r.��.�,. r� �. t� 3��5 � 3��6 # 3�#�7 tr .7�� T��ri [;i7�4�' �r T[�RT wr��t��T 't`i.?�r1 S 1��1?tiETH L. idARlt (y.�1R�' �4'. ,�.�Ck�(}I� ��V()T� {�'�TY 1�9�►�]A(fF�� A�'Hhl��} T.�1V��1_��,, I)L��+,C'TC)�� '.'lI��S �t�lI� �=�[v�,�'lC�l�'1'f"�* ��:1�VIC:1�S PAC�1�� ,4�VIl C'[)��1�'ilJ�'�TY �CLtVL�'�� 1]Tl'AI��1'1��1�`T a'I.1l��V111l�.� �;�(i) 1�I+.�{.}1�1�C'� Nlrlhl.�(y��M�l�'`�' I}I��I�It3�l �'[rl+iD[hl[y []E' k'i�(),��C'i i3�� 1V1'ti— �1 f�f�,4�1 [`A[tl�� A1VT} l�f,C"RT:1�T1C)]� I�CC'D�'EFt�' PI�()GIt��i C'[.]1V��1�.J�lli'Y 1)�'.VEL�7['��1i�.�Vi'l3i.C]C'K (Y��.41�1i '�-�:f�.�1ti 1'�t1�1�� 1ti'I) Wli,l��.[T`i� 13��'A1�T`14�iI+,1�T �. � � �. i t�' 0 �'ity of'1�"ori Wo�th, T'exas �� nd �,��r��;� �a��c�rr��t;�� I�AT� REFERE[�ICE NllMB�R LOG NAM� PAGE ��Tro3 � **�� g�p� I sa�RouNos � � o� 3 ��B-��T AWARD OF CONTRACT T� PERMA SYSTEMS GENERAL CONTRACTORS, INC. FOR THE REPLACEMENT OF PLAYGR4UNDS AT EASTOVER, LiTTLE PEOPLE, MADDOX, AND MCDONALD PARKS RECOMMENDATION: [t is recommended that tl�e Ci#y Council au#horize the City Manager to execufie a contract witn Perma Syst�ms G�neral Contracfors, Inc. in fihe amount of $282,393.54 (base bid, plus aiternate bids) far the replacement of playgrounds at Easto��r, Little P�opl�, Ma�dox, and McDonald Parks. DiSCUSSION: The City of Fort Warth is a recipient of $50[},OaO.OQ in Urban Park and Recreation Reco�ery (IJPARR) grant funds from the 11.S, Department of Inferior, Natianal Park Service for fhe r�novation af playgrounds at sever� park sites (Easto�er, Maddax, Oakland Lake, Trader's Oak, McDonald, Little Peaple and Sylvania Parks}. The lacal match of $125,Q00.00 is provided from Texas Parks and Wildlife Department and Community Development Block Grant funds. In May 2�a2, the Parks and Community Services �epartment held meetings wifh tf�e affect�d neighborhoads for public inpufi and selection of the desired playground proto�ypes. The project was advertised for bid on September 99 and 26, 2002. �n October 17, 2Q02, the fiollowing hids were received: B!D TABULATiON - Bfdder Perma Svstems General Contractars, Inc. Hardscape Construction Speeialties, Inc. Omega Contracting, Inc. Parks Fo� Play J&J Sprinkler & Landsca�e, Inc. M.A. Vinson Construction Company, inc. Henneberger Construction, Inc. H. Mitchell Enierprise Base Bid $2�9.029A4 $2fi4, 831.14 $279,295.10 $278,035.00 $268,236AQ �z�r,r7s.aa $308,995.$� $313,759.72 Alternate Bid Items $23.364.50 $30,273.00 $23,306.OD $25,541.50 $44,800.OQ �3�,a�o.aa $25,148.85 $31, 591.48 Total $282.393.54 $295,104.14 $302,6A1.10 $303,576.50 $313,036A0 $332,828.Ofl $334,144.71 $345, 351.2Q {list continued n�xt page) C`ity of �ort �o�th9 2'exas �� d ��c�r�c�� r�c�n�c�� DATE REFERENCE NUMRER LOG I�lAME PAGE 117103 *��_194D� 8�GROUNDS 2 of 3 s��J�cr AWARD OF CONTRACT TO PERMA SYSTEMS GENERAL CONTRACTORS, 1NC. FOR THE REPLACEMENT OF PLAYGROUNDS AT EASTOVER, LITTLE PEOPLE, MADDOX, AND MCDONALD PARKS Austco, Inc. Pilfar Construction Jayka Development, Inc. J.D.C. Construction $32'� ,571.15 $336,337.00 $349,689.5� $384,170,64 $32,955.00 $25,9�OA0 $27,9�4.85 $3fl,000.QD $3�4,52fi.'� 5 $362,237.OQ $377,634.35 $414,170.60 Basa bid work will consist of site demolition, grading and canstruciion of a new playground and walk. Alternate bid work will include ihe installation of park benches, picnic tables and adciitional site demolition per attached. It is recommended that the Base Bid in the amount of $259,029.Q4, and the Alternate Bid �tems in the amount of $23,364.50, together tataling $282,393.54, as submitted by Perma Systems General Contr�ctars, Inc., be approved for award of contract. The contract time is 7� working days. ln addition to the contract cost, assoc9ated contingency funding for construction inspection (3.5°/a), �raj�ct management (1.5%), and possible change orders (5%) is $28,240.OQ. Perma Systems General Contractor, Inc. is in compliance with the Cify's MIWBE Ordinance by committing to 22% MIWBE participat�an. The City's goal on �his projec# is 13%. There will be no annual budget impact associated with this �roject. Canstruction is anticipated fio commence in March 2003 and to be completed in June 2Aa3. Eastover and McDonald Parks are [ocated in C�UNCIL. D15TRICT 5. Little Peaple Park is located in COUNCIL DISTRICT 6. Maddox Park is locafied in COUNCIL DISTRICT 2. C'ity of �o�t �o��h, T'exas �� d �,��c�d �,�r�tmc��;��rt;�r� DATE REFER�NC� NUMBER LOG NAME PAGE 1I7103 **�.1�40� 80GROUNDS 3 af 3 su�.��cT AWARD OF CONTRACT TO PERMA SYSTEMS GENERAL CONTRACTORS, INC. FOR THE R�PLACEMENT OF PLAYGR�UNDS AT EASTOVER, LITTLE PEOPLE, MADDOX, AND MCDONALD PARKS FISCAL IN�ORMATIONICERTIFiCATION: The Finance Director certifies that funds are a�ailable in #he curren� operating budget, as appropriated, af the Grants Fund. JP:r S�tumitted for City Manager's Office by: 1oe Paniagua 6140 Originating Department Head: Richard Zavala Adtlitianal Tnformation Contact: Mike Ficicc. I FUND I ACCOUN'I' ` CENT�R I (to) � 5704 � (�iom} GR76 54120Q GR76 549200 I G R76 541200 5746 I GR76 5�412Q0 AMOUN'I' CITY SECRETARY �� 0804387'i0010 $74,335.09 � 080438790070 $71,937.07 � 080438710020 $62,362.26 I 08U438i10050 $73,759,12 � APPROVED 01/07/03 . �r ��]R� �ORT� ..�1rt��r , � �.��.;.=y � � L Cpll� �' 4n.;Nr q�i��l �� r�N ."'� *'' �� '' "' '� - , : i' � I : ' _ :� �i �- ', �#� S�CR�TP�RY � sPEcrF�caTzorrs - - � � CIiY 5��"f°�RY ��Q� 1� f�j.�, ��L� CO�TTRACT DOCUMENTS CON��A,C�' !� . � FOR — . - �: :�lTRA�TC7�'�: �3�t�l��[�� ; PLA��OUND RENOVATIONS AT Cv�vS'fRJtw��::��5 �t3PY � EASTOVER, LTTTLE PE4PLE, ��I�I�T ��P��'�lj�[�� MADDOX, A�iII MCDONA,L]] PARKS �RO.TECT NAME EASTUVER PARK LITTLE PEOPLE MADI}OX PARK MCD�l`dALD PARK PROJECT NUMSER GR'�6/S4I200lQ80438710Q10 GR'�G1541�flQ1a80438'�10U7Q GR76/5412UU/080438'�10Q50 GR76/��1�Q0/08�438'�I.OQ�� ,� THE CYTY OF FORT W�RTH TEXAS KENNETH L. BARR GAR.Y W: JACKSOl'� MAYOR CITY MANAGER RICHARD �AVALA, DIRECTOR • PAR�S AND COMMUNITY SERVICES ,PARKS AND COMMUi�TiTY SERVICES DEPARTNYENT P�,ANl`+�NG AND RESOURCE MANAG�MENT D��I01�T D.O.E. NO, # 384� # 3846 # 3847 . # 384$ � h�<.s y� FUNAING Or PROJECT B'Y NPS -- URBAN PA,RKS AND RECREATION RECQVERY PROGRA�VI COMMUNITY D�VELQPMENT BLQCK GRANT TEXAS PARK� AND WIT�DL�FE DEPARTMENT CITY OF FORT VJORTH PARKS AND C�MMi1NITY SERVICES DEPARTMENT PLANNING AND RESOURCE 1VIANAGEMENT DNISION ADDENDUM NO. 1 TO THE CONTRACT DQCiJ1VIENTS FOR THE PLAYGR�UND RENOVATIONS AT EASTOVER, LITTLE PEOPLE, MADDOX, AND MCDONALD PARK PR�JECT NO. GR761541200108043871�010, GR7b/541200108043871007a, �I, � GR76/5412001Q80438710050, GR76/5412Q01080438'710020 � D.O.E. NO. 3845, 3846, 3847, 38�48 - Original Sid �pe�g Date: Thursday, October 17, 2002 ` Bid Opening Date Unchanged , � The Contract Documents far the above ref�renced project are hereby revised and amended as follows: ITEM 1— SPECIFICATTONS GENERAL REQUIREMENTS, �ECTION 01700 — PR�JECT CL�SEOUT, ITEM 1.�2 - WARRANTY � Paragraph shall be revised fio xead that warranty period shall in effect %r a period of two (2) years af�ex punch list complet�on. � ITEM 2 — PLAN� SHEET 6 OF 7, DETAiL E— MOW STRIP LAYOUT ; t Angle #6length of curve shall b� revised to read 50.26' in place of 24.09' � Acknowledge the receipt of this Addendurn on your Proposal. . �. . By: David Creek, Senior Laz�dscape ArchitectJ Project Manager Release Date: October 11, 2000 TASLE OF CONTENTS 1. NOTIC� TO BIDD�RS 2. SPECIAL INSTRIICTIONS TO BIDD�RS 3. PROPOSAL 4, CITY OF F�RT WORTH M/WSE ENT�RPRIS� �PECIFICAT�ONS 5. FEDERAL WAGE RATES-CONTRACTQR'S PACKET i 6. W�ATHER TABLE 7. V�NDOR COMPLIANCE TO STATE LAW , 8. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATI�N �� . TECHNICAL SPECII+ICATIONS - � riIYISION 1 - �ENE�iAL �QUIREMENTS ' ��.w.';,T�N 0y 1[10 - Summary of Work � � �ECTION 01135 - Cantract Time �ECTiOIV 011�(} - Alternafives �ECTTON 01150 - 2'ayment To Contractor SI�C:T10N O130Q - Submittals �C:CTION 0140Q - Qualiiy Control �1C:CTIUN �141D - Tes#ing � S�CTION 01500 - Tempflrary Facilities and Cantrols SEC'TION 016�0 - Substi#utions an�i 1'roduct aptions � �1+.C'Tlf){V �1�71)M1- �'roject Closenut � ��;CTION U18U� - tlC:ontractor's Responsibility for Damage t;laims I � DIVIS1U�i � = Sl'Y'F ��t�!�K Section 02Z40 - 5ite ilnderdrains � �ectio�t 0z2Q0 - 5ite Preparation • �yectiun 0�340 — Earthr�vorlt I �ection fl2537 - Engineered Wood Fiber Playgro�nd Surfacing � ��-inn n2R4p - Turf Sodding �ection 028bU - Playgrottnd Equipment I �prrinn t12R7(1.. �xte Fturnishings � Section �D293U — Seeding I?r'�ISION 3 - c,�Ol�iCR�TE ;C«*ian p3300 - Cast-in-Place Cancrete - - DIVISIUN 7 - '�HL+I[tMAIL & MOIS`I'U12� P1tOTECT�UN Section 47920 - �:'aullcing and Sealants 10. CERTIFICATE OF INSLTRANCE ��. BIDDER'S STATEM�NT OT Q[]AL�FTCATIONS 12. PERFORMANCE BOND 13. PAYII�NT BOND I4. MAINT�NANC� BOND 15. CONTRACT � NDiIC� TO �1D�ERS Sealed Proposals far tf�� following: PLAYGROUND REN�VATI�NS AT: 1. EASTOVER PARK �. LITTLE PEOPLE PARK 3. MADDOX PARK 4. MCDONALD PARK GR76/�41200/08043871001� # 3845 �R�G/�412Q0/0$043$710070 # 38�6 GIt76/541�00/080438�10050 # 3547 GRi6/�4I�.00/080438710Q20 # 3848 Addressed to Mr. Gary W. Jackson, Cifiy Manager af the City of Fort Wor�n, Texas, will �ie recei�ed af the Purchasing Division OfFice until 1:3� p.m., Thurs, �cf. 'i7, 2�a2 and th�n pu�[icly opened and read alaud at 2:00 p.m. in Council Chambers 2"d floor— N.E. �.c�rner of Gity Hali. Plans, Specifications and Contract Documents for this project may be obt�ined af the Park Planning 5ection, Parks and Community Services Department, 42d0 Sauth Freeway, Sui#e 22�0, Fort Worth, Texas 76'E 15-1499. Documents will be provid�d to prospective bidders for a deposit of $50 per set; deposits shall be made in the fiorm of a chec� or money vrder. Each prospective bidder shal[ receive a deposif refund or� the first two plan sets if fhe documents are returned in good canditian wifhin '!0 days after bids are opened. Any ad�itional plan sets shall require a non-refundable deposit. These doc�ments contain addifior�al E�formation for prospec#i�e bie�ders. All Bidders wiil be required to compfy with Provision 5159a of "V�rnan's Annatated Ci�il Sta�utes" of the State of Texas with respect fo the payment of the prevailing wage rates, and City Ordinance No. 7278, as amended by City Ordinance No. 74�0 (Fart Worth City Code, S�ction 13-A-21 through '[3-A-29) prohibiting discrimination in employment practices. In accord with City of Fort Worth Ordinance No. 91923, as amended �y Ordinance INa. 'I3471, the C�ty af F�art Worth has goals far the �articipation of minority business enter�rises and women business enterprises in City contracts. A copy of fhe Ordinance can be obtained from the MIVVBE office or from the Office of the City Secretary. In addition, the MNVBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FQRM, andlor the GOOD FAITH EFFORT FORM �"Dacumentatian"} musf be received na later than 5:00 P.M., �iv� ci#y �usmess days after the bid open�ng dafe, �xclusi�e o�F the bic� apening date. Th� bidd�r shall submit dacumentatEan af the reception ar�a of the Department ofi Engineering, 2n� ffoor, City Hall, and shall obiain a receipt. Such receipt shall �e evidence that the dacumentation was rec�ived by the City. Failure to camply shall render the bid non-responsive. The following list is pro�ided fo assist bidd�rs in abtaining the services of MNIIBE �endors qualified to provide such serviceslmaterials for this proj�ct. A listing of qualified MIWBE vendors may be obfiained at the City ofi Fort Worth MNVBE office, 3rd floor City � Hall, Serviceslmaterials for this proiect are as_follows: � site prep gradingfeart�work - playground equipment playgroun� surFacing seeding steel febar demolition turf soddingl site furnishings drain pipe concrete 1! T�e City's minimum MIVVBE goa[ on this project is 13 % of the fotal dollar value of this contract. Th� City will award one cantract with a combina#ion of base bids and/or alternai�s which is most advantageous tQ the Cifiy. ,- .� A pre-bid conference will be held wi�h prospective bidders at the Parks and Community Ser�ices Offices Conference aoom 1 on October 3 at 8:U0 a. m. Th� Cify reserve5 the right to reject any or all bids and wai�e any ar all farmalities. A1lt�A►R� O� COP��A,C�: Na bid may be withdrawn unfil the �xpirat�on of 55 cafendar days from the day bids are opened. The award of coniract, ifi made, wil[ be wEthin 5� calendar days affer the opening of �ic�s, but in na case will the award be made ur��il all necessary in�estigations are made as to fhe responsibility of the bidder to whom the contract will be awarded. R[CHARD ZAVALA, JR., DIRECTOR PARKS AND COMMUNITY SERVICES DEPARTMENT s By: � 1David Creel�, Sr. Landscape Architect (8'1 i) 8i1- 5745 Thursdav Se�tember 19, 2002 Thursdav 5eptember 26, 2002 GARY IIV. JACKSON CITY MANAGER GL�RIA PEARS�N �ITY SECRETARY .1 aPE;CL4L FN�TRUCTII�NS -1�0 BIDDfERS 1. BID �ECURITY: Casl�ier's check or an acceptable bidder's bond payable �o the City of Fort Warth, iz�. a�. axnount of not less than 5 percent of ihe largest possible total of the bid submitted must accompany the bid, and is subj ect to faz-�Feit in. the event the successful bidder fails to execute tk�e confx'act documents within ten days after the contract has been awarc�ed. Ta b� an acceptable surety on t.�e bond, (1) �he name of the surety shall bc included on the current U.S. Treasury, ar {2} ihe surety mus� have capital and sur�alus equal to ten times the limit of fhe bond. The surety must be licensed to do business in the state of Texas. The amaur�t of the bond shall not eacceed the ainount shown on the treasury list or �+ne-tenth the total capital and suxplus. 2. PRCiPOSAL: ��.�r praposals hav�; be�n openid and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the pxoposal, and the application of such formulas or other methods af bringing itenns to a common basis as may be established in the Contract Docuznents. The total obtained by taking the sum of the products of unit prices quoted and �he estimated quantities plus any lump surn items and such other quated amounts as may enier into the cost of the completed p;roject will be considered as the amount of th� bid. Until the awar� of the contract is made by the Owner, the right �ill be reserved to reject any or all proposals and waive technicalities, #o re-advertise for new proposals, or to proceed vv�th the work in any manner as maybe c�nsid�red for the best interest of the �wner. � The c�uantities of wozk and materials to be furnished as may b� ]listed in ihe proposal , forms ar other parts of the Cantract Documents will be cansidered as annroximate only and will be �sed for the purpos� of comparing bads on a uniform basis. Payment wi11 be � made to the Contz'actor for only the actual quantities of wark perform�d or rnaterials , htrnished in sirici accardance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinaftex provided, without in any way invalidating the unzt prices bid or any other , require�nents of the Contraet Documents. ' 3. ADDENDA: Biddexs are responsible for obtaining a�l addenda ta the Contract Documents privz ta the bid receipt. Tnformation regarding the status of adde�da may �e obtained by contacting Parks and.Community Services Depaztment teIephone number indicated in #he Notice to Bidders. Bids that do not acknowledge all applicable addenda � may be rejected as non-respo�sive. (See Item G in the Proposal.) � �. AWARD OF CONTRACT: The Contract may not n�cessarily be awarded to the lowest bidder of the Base Bid. The City Engineer shall evaluate and recommend to the City Council the best bid based �n the combined benef ts of total bid price and number of contract days allotted, as specified in the Proposal, and which is consid�red to be i.xi the best interest of the City. ,� �PECIAL INSTRUCT`IDNS TO BIDD�RS i _�_, Rega�dless ofthe Alteznative chosen, the Contractaz agrees ta cozz�plete the Contract wiihin the allotted nurnber of days. If the Cantractor fails to complete the work within th� numbex of days specified in the Consi�ruction Doc�ments, liyuidated darnages shall be charged as outlined in GaneraI Pravisian,�, Item 8.6 Failure to Complete V4�ark on Time, found in the Standard Suecifications fa�r Street and Storm Drain Construction of ihe City af Fort Worth, Texas. 5. PAYMENT, PERFORM.ANCE AND MAINTENAI�CE BOND: The successful bidder en�e�ing into a contract far the worl� will be required to give the City surety in a sum equal to the amount of the contract awazded. The successful bidder shall be required to furnzsh bonding as appiicable zn a sum equal to the ar�ount of tl�.e contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to th� City. All bonds furnished hereunder sha11 rneet the requirements of Chapter 2253 o�'the Texas Go�ernment Code, as amended. A. If the tfltal contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shal� not be made for a period of 45 calenc�ar days from the date the work has been completed and accepted by the City, B. If the cont�ract amount is in excess af $25,aoo, a Payment Bond shall be �xecuted, in the amount of the confract, soiely for the proiection o� all claimants supplying labor and material in. the prosecution of �he work. C. If the contract amauz�t is iz1 excess of $100,Q00, a Perfarmance Bond shall be executed, in the amount of the contract condiiioned on the faithful perfarmance of tbe work in accordanca with the plans, speci�ications, and eantract documents. �aid bond shall solely be for the pratection of the City of Fort Worth. Mainienance Bo�td shall be requirEd for all Pa�rks and Community �Services Departnient projacts ta insure the prompt, full and fa.ithful performance afthe general guarantee as set forth �izi Division 1, Section 01700-Project Closaout, Item I.02. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties ICi�cular 870], or (2) the surety must have capital and suxplus equal to ten tim�s the arnount of the bond. The � suxety musi be licensed to business in the state of Texas. The amount of tbE bond shall noi exceed the arnount shown on the Treasury list or 1110ih of fhc, total capital and surplus. I�reinsurance is required, the company writing the reinsurance must ba autharized, accredited ar tz-usted to do business in Texas. No sur�ties wiil be accepted by the Ciiy wh�ich are at the tima in default or delinquent on any bonds ar which are interesied in any litigatian against the City. Shouid any surety on the contract be detern�in�d unsatisfactory af axiy tune by the �ity, notice will be given to the contractor to that effe�t and the contractor shall immediately provide a new surety satisfactory to the City 6. LIOUIDATED DAMAGES: The Cantractor's attention is called to Part 1- General �ibV1510115, Item S, Paragraph 8.6, Standard Specifications for 5treet and Stortn Dxain Coz�siructian of the City of Fort Worth, Texas, concexning liquidated damages for late completion of projects. SPECIAL IN3TRUCTIONS Tp BIDDERS -Z- 7 EMPLOYMENT: Ail bidders will be required tv camp�y with City Ordinance No. 727$ as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 1.3-A-29) prohibiting discrimination in empioyxn.ez�t practices. 8 WAGE RATE�: All bidders wil� be required to comply� with provision S 1 S9a of "Ver�nons Annotated Civil Siat�tes" of the State af 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 foz' this p:raject. Disregard if Federal Wage Rates are applicable ta this project. �f Federal Wa�e Rates are applica�le to a project, the Contractor shall eomply with ail items ide�ti�ied in the attached Cantr�ctar's Packet. For iurther informatio�n regarding this packet, contact the Intergavernmental Affairs 1 Grants Management Divisian, Finance Department at (81� 8i1-8365 Or 8'�1-838'� 9. FINANCIAL STATEMENT: A Gunrent certified financial statement rnay be required by the Department of Engineering Director for use by the CITY OF FORT WORTH in determining the successful bidder. This staiement, if requued, is ta be prepared by an i�dependent Public Accountar�t holding a valid pez�it issued by an appropriate 5tate Liceilsing Agency. 1p. INSURANCE: Within ten days ofreceipt of notice of award of contract, ihe Cfln�ractor must provide, along with executed contract documents and apprapriate bonds, proof of insurance �ar Workers Compensation and Comprehensive General Liability (Bodily Inj�y) -$250,000 each p�rson, $SOQ,000 each occurrence; Property Damage -$3QQ,Q00 each vccurrence. The City rese�-ves the right to request any other insurance coverages as may be required by each indrvidual project. Far work�r's compensation insurance requirements, see Special Instructions ta Bidders - Ite�m 16. ADDITTONAL INSUR_ANCE REOUiREMENTS: A. The City, its officers, ez�r�ployees and servants shall be endorsed as an additional insured on Contracior's insurance polici�s exeepting erxiployer's liability insuranc� coverage under Contractor's workers' corimpensation insurancc policy. ' �. Certi�cates of insuzax�ce shall be delivered to th� City �# Fort Worth, contract , administrator in the respective department as specified 'zn the bid documents, 1000 1'harockmarton Sireet, Fort Worth, TX 76102, priox to cammencement of work on cha contracted project_ C. �y failure on part of �he �ity to request required insura.�zce docum�ntation shall ` not constitute a waiver of the insurance requirements specified herein. D. Each ulsurance policy shall be endorsed to provide the City a minimum thirty days not�ce of cancellation, non-renewal, and/ox matez�al change in policy terms ox coverage. A ten days no�ic� shall be acceptabie in the event of nc�n-payment of premium. - E. Ynsurers rnust be autharized to elo business in the State a� Texas and have a cuzxent A.M. Best rating of A: VII ar �quivalent measure of financial strength and solvency, SP�t'IAL I]�STRi3CTTONS '�'O BIDDERS - 3- F. Deductible limits, or self-ft�nded retention limits, on each policy must noi exceed $l0,OD0.00 per occurrence unless otherwise appro�ed by �he City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider aliernative caverage or risk treatment mea�ures through insurance pools ar risk retention graups. The City musi approve in wz-iting any alternative coverage. H. Workers' compensation insuraz�ce policy(s) covering employees employed an the project shall be endozsed with a waiver of subrogation providing rights af recovery in favor of the City. - L City shall not be respons'rble for the direct payment of insu�rance premium costs for contractor's ins�ra�ce, Cantractor's insurance policies shal] each be endorsed to provide that such insurance is primary proteeiion az�d any self-funded or carnmercial coverage nr�aintained by City shall not be called upon to contribute ta loss recovery. K. In the caurse of the proj ect, Contractor shall report, in a timely rnanner, to City's officially designated contract administxafior any known loss occurrence which could give rise to a liability claim ar lawsuit or which cauId result in a property lass. L. Co�.tractor's liabiliiy shall not be limited to the sp�cified amaunts of insurance required herein. M. Upon fhe request of City, Confixactoz shall provide complete copies af ali insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Artzcle �01g, Taxas Revised Civii Statutes, the City of Fort Worth will not award this contract io a non-resident bidder unless ihe non-resident's bid is lower than the lowest bid subrnitted by a responsibla Te�as resident bidder by ibe same amount thai a Texas resident bidder would be required to underbid a non-resident bidder to obta.in a comparabie contract in the state in which the non- resident's principal place of business is lacated. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company ofmajority owner has its principal place of business in this state. "Te�as resident bidder" means a bidder whose principal place of business is in this s�ate, and includes a contra.ctor whose ultirnate parent company or majority owner has its principal place af business in this state. This provision does not apply if tlus contract involved federal funds. SP�CIAL 1N5TRUCTTONS'I'0 BIDDERS -4- The appropriate b�anks of the Proposal must be filled out l�y alI non-resident bidders in ardear for its bid to meet specifications. The failure of a non-resident contractar ta do so wi11 autorna�ically disqualify that bidder. i2. l�IIN�RITY/WQMEN BU�STNE�S EI�I�TERPRISE: In accozdance with Ci.ty of Fort Woxth Qrdinauce No. 11923, as amended by Ordina�ce No. 13A�71, the City of Fort Worth has goals far ihe participatian of minorif.y busines� eriterprises and women �ausiness enterprises in City contracts. Yau may obtain a capy of the Ordinance from the �ffice of the City Secr�ta�y. The MlWBE Uiilization Farm, Prime Contzacior Waivez Form and the Good Faitli Effort Forn�, as applicable, must be submitted no later than five (5) City business days after the bid opening date, exclusive of the bid opening date. The biddex shall suhmit tk�e documentation at the reception area of the Department of Engineering ("Managing Departzn�nt"), 2nd floor, City Hall, and shall ahtain a receipt. Failure ta eomply shall render your bid non-responsive. ll�on con�ract execution between the City of Fort 'i�Vorth and the �1�cr_.essfizl Y�idder, now known as �ontra�tar, a pxe-construction rneeting will be sch�duled at which time t�ie ��,ntr�ctor is rec�uired to submit either �etters af Intent or executed agreements with the ".�lIWBE r��n(s'} ta be utilized oza this projecf. Such Letters of Tnfient ax execut�d agreements shall include the following iz�formation: I, 1�ame ofContract 2. 1�Tarne af M/i�BE fir�n utilzzecl 3. Scope of �ork to be perfozxned by the M/WBE firrn 4. Mon�etary amount afwork to be pe�rformed by the M/WBE �rnr, S. Signatures of all parties A notice to proc�ed will no� bc issued nntil the signed letter(s) or executed agreement(s} �ave been received. Throughout the duration of this project, the City af Fort Worth is requiring that the �'ontractor continue to adhere to the MiWBE Ordinance by com�lying with the foll�wing proCedures: � A IVUWBB �artici�atian R�t�ort Form �ust be submitted manthly until tiie contract is ��inple�ed. The first repart will be due 30 days after camnr�encement o�work. The m.onthiy report MLTST have an original signature to ensure accouritability for audit �urposes. � Reports are to be subrnitted monthl.y to the M/WBE Of�ice, regardl�ss of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a"0" or "no participation" in �he spaces provxded, and pravide a brief explanation_ � The Contractox shaIl provide the M/WBE Office proof of t�avment to ihe M/V�BE subcontractors and suppliers only. The �IIWBE Office will accept the following as proof ofpayment: SPECIAL INSTRUCTION5 TO BIDI7ERS -5- 1. Copies of submitted invoices with froiit az�d back copies ofcanceled check(s}, OR 2. A notarized let�er explaining, in. detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractorlsupplier c. Amoun.ts paid to the subcontzactorlsupplier d. Original signatures from both parties must be included on ti7is letter. � If the Contractor foresees a problem with submitting participatzon reports and/ar praaf of payment on a monthly basis, the MIWBE Office should be noiified. If the Contractox wisbes to ehange or delete an MIWBE subcontractor or sugplier, adhere to the follovving: 1. Immediately submit a Reauest for A1�1�roval of Chauge Form to the MIWB� O��ce explaining t11e xequest for the change or deletian. 2. If the change affects the committed MIWBE participation goal, state clearly hov� and why in documantation. a. All requests for changes must be reviewed and pre-approved by the MIWBE Office. � b. If the Coniractar xnakes change(s) prior to approval, ihe change wili not be considered when performing a post corrapiiance review on ihis project. � Upon the Coniractor's successful completion of this proJect, and within ten days afier recezpt of �inal payment from the City of Fart Worth, The Contractor vcrill provide the M/WBE Office with a Finall�articipation Report Form. �o reflect the total participation from ALL subcontractorslsuppliers utilized on the project. � All forms are available at the MJWBE Office, 3rd floor - City Hall. Far additional information-regarding compliance to the MJWBE Ordinance, call (817) 8'71--6104. LTpon request, Contractor agrees to provide ta Owner Cornplete and accurate information regarding actual work performed by a MinaritylWomen Busin�ss Enterprise (M/WBE} on the contract and payment therefore. Contractor further agrees ta permit an audit andlor examznation of any books, recards or files in its passession that will substantiate the actual worle perfonned by an M/WBB. The misre�resentation o�' facts (other than a negligent misrepresentation) andlor the caznrnission of fraud by the Contractor v�rill be groun�s for termination af the contract and/or initiating action under appropriate federal, stat� or local laws or ordizaancas relating io false statements; further, aziy such misrepresentation (oiher than a negligent misz-epzesentation) and/or co�rnission of fraud will result on the Contractor being determined ta lae irresponsible and ba�rred fram participating zn City work €or a period oitima of not less than three years. 13. PROTECTION OF TREES. PLANTS AND SOIL: All property alang and adjacent ta the Contzactor's ogerafior�s including lawns, yards, shxubs, trEes, etc., shall be preserved or re�tored, after cornpletion of the wark, to a condi�ion equal ox better ihan existed prior to s�art of work. SPECIAL INSTRUCTIQNS TQ BIDDBRS -6- By ordinance, the Contractor must ab�tain a pe�nrt froxn. il�e C'i�y Forester before any work (trimming, remo�aI, or roo� pruxaing) can be done an trees or shrubs growing an public property including st�reet Rights-Of Way and designated alleys. This permit can be abtained bv callin� the Forestry Qffice at 871-5745. All tree work shall be in � compliance with pruning siandards for Class II Pruni.ng a.s described by the National Arborist Association. A copy of these standards, can be provided by calling the abave number. Any darz�age to public trees due to negligenee by the Contractor shall be assessec� using the current formula for Shade Tree Eva�uation as defned by the International Saciety ofArboriculizzz�e. Payment for negligent damage ta public iree� shall be made to the City of Fort Worth and xz�.ay be withheld from funds due the Contractor by the City. To nrevent the snread of the Oak Wilt fiui�us. all wounds on Live Oak and Red Oak trees shall be imr�ediatelv sealed usin� a conamercial nninin� t�aint. This is the onlv instance when x��ruuin� �aint is recomnae�ded. 14. BIDDER'S STATEMENT OF OUALIFICATIONS A. QUALIFICATION OF BIDDERS: Bidders shal� be prepared ta demonstrate the capabi3ity to pez'form �� r�rk. � The Bidders' specific experience, stability a??� h;��ory c�f performance ��_+� proiects o� a similar nature and scope will ba considered. �'�e SIDDERS �TATEMENT OF QUALIFICATIONS must be delivered to the Project Manager within 48 hours of the request. L.4catioz� anc� responsive ability �� he frm will be considered. if ; �ur :�r!T! attticinate� �nterin� into a joint venturn ��vith any flther tirm ta canr�uct all or part of the performance i equured under the prUposed projeGt, t�.at firm should be ' specified in your response. For each firm included in the joint venture, pleas� provide the informatian required above. Under the Contract executed for this work the Ci�y �i11 require your firm to be completeiy 100 percent responsible for fu�filling al� aspects of the contract bonds. Oiher firms and employees that may be involved in �heir jaint venture wi11 be treated by the City under the contract as if they were emp�oyees c�r �ubcontractors of yaur firr�r�. Other than ihose firn�s noted in the contzact as a�art of the joint venture, no other firms wi11 be allowed to participa�e in i.i�� ioint �enture without written consent from th� City. 15. QZONE AY,ERT DAYS: The Contractor shall be required to observe the f'ollowing �uide'lines relaiing to working on City construction sites on daqs designated as "OZONE .4 �.,ERT DAYS". Typically, the Ozone Alert season withzn the Metroplex area runs from �V_fay through September, with 6:40 a.rn. - 10:4D a.m. being critical ozone fozming periods �ach day. 'l�'he T��xas Natural Resource Cox�servation Cammission (TNRCC) in coordination with the i�lational'Neather Service, v�ill issue the Ozone A1ert by 3:00 p.m. an the aftemoon prior to the alert day. On designated Qzone Alert Days, the Contractor shall bear the rPsp�nsibility of being aware that such days have been designated Ozone Alert Days anc� SPECIAL 1NSTRUCTIOI�S T'O BIDDBIZ5 - '' - as such shall not begin work until 10:00 a.n1. vvhenever consfxuction phasing requires substantial use af motarized equipment. Howe�rer, the Contractor may be�in work earlier if such work minimizes the use of �x�otarzzed equipment priox to 10:d0 a.m. If ihe Contractor is unable to perform continuous worl� for a period of at least seven hour� between the k�ours of 7:00 a.m. - 6:OD p.m., on a designated Ozone Alert Day, that day will be considered as a weather day and added onto the allowable weather days of a given 7nonih. 16. WOR_K.ERS COMPENSATTON TNSURANCE C4VERAGE: Contractors compliance with Workers Compensation shall be as �flllows: A. Definitions; Certificate of ca�erage ("certificate") - A copy of a certificate of insuranc�, a certificate of authority to self-insure issued by the commission, or a coverage agreernen� (TWCC-S1, TWCC-82, TWCC-83, or TWCC-84}, showing statutary wor�ers' com.pensation insurance coverage for ihe person's ar eniity arri�loyees pxoviding services on a project, far the duration of the project. Duration of the proj ect - includes the time fram tk�e beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persans providing services on the project ("subcontractar" in 4QbA96} - includes all persons ar entities perfarming all or part of the services the cantractor has undertai�en to perform on #he proj act, regardless af whether that person has eznployees. T$is includes, without limitation, indepeandent con.tractors, subcontractors, Ieasing companies, mfltar carriers, owner--operaiors, employees of any suc� entity, or emplpyees of any entity which furnishes persQns to pravide servic�s on the project. '°Services" include, without limitation, praviding, hauling, or delivering equipznent or maierials, ar providing �abor, transpartation, or oiher service related to a proje�t. "Services" does not include activities unrelaied to the project, such as foodlbe��rage vendors, office supply deli�eries, and delivery of portable tailets. B. The contractor shall provide coverage, based on proper r�porting of classification codes an.d payroll �mounts and filing of any coverage agreements, which meets the statutozy requirements of Texas Labor Cod�, Section �401.Q11(44) for all exnployees of �he contractor praviding s�rvices an the praj ect, �az �he duration of the proj ect. C. The Contractor rnust provide a certificate of cowerage to the governrnental entity prior to bezng awarded the contract. D. If the coverage period shawn on the cantractox's cuzzent certificate of coverage ends during th� duration af tk�e proj ect, the cantractor must, prior �o the end af the co�erage period, fiIe a new certificate of coverage with the governmental entifiy showing that coverage has been extended. E. The contracior shall obtain fram each person providing services on a project, and provide to the City: SI'�CIAI, IN�TRiJC'I'IO?�IS TO BIDDERS -8- (�) a certificate of coverage, privr to that per5un'vegint�ing wnrk on the pr�ject, sa the Ciiy wi11 have on file certificates of co�erage showing c�verage for all persons providing services on ihe project; and (2) no later than seven days after receipt by the contractar, a new certificate of c.overage showing extension of coverage, if the coverage period shov�n on the curre�t certificate of coverage ends during the duration of th� proj ect. F. The coniractor shall xetain all required certificates of coverage for the durat�on of the project �d for one year thereafter. �. The cantractar shail notify the govexnmental entity in writing by certified mail or personal delivery, withi.an ten days after the contractor knew or should have known, of any change that materiaily affects the provision of coverage of any person proviclfng servic�s on the project. H. The contractor shall post on each projeci site a notice, in the text, �orm and manner prescribed by the Texas Work�rs' Carnpensation Commission, infonni�.g all persons praviding services on the project that they are required to be covered, and stating haw a person may verify coverage and report lack af coverage. I. The contractor shall contractually require each person with whoxn it contracts to �pzovide services on a project, to: �1) provide coverage, based on praper reporting on cYassification cades and payroll ax�aounts arad �iling of any coverage agreements, which meets the statutory rp�uirements nf Texas Labar Code, Section 4Q1.011(44) for all of its employees providing serviees on the proj ect, for the ciuration of the proj ect; �� l�rflvide �� e �on�ractar, ��ior ?o :�hat person begumulg work an the project, �. certificate of coverag� shawizzg �hai ioverage is being provided �or all employees �f the person providi.ng services on ihe project, f�r the duration of the project; {3) provide the contractor, prior ta the end of the coverage period, a new certi�icate �f coverage showing extension of cave�age, if the coverage periad shown on the �►�rent certificatE of coverage ends during the d�aration of the project; f 4) nbtaiz� &om zach other person o�r entit�� with whom it c�ntracts, and �rovide ta the contractor: (,a) a certificate of coverage, prior to the uther persan or entity begix�ning wark �n the proj ect; and {b} a new certificate �.�f coverage showing extension of coverage, prior to the end af the coverag� period, if the coverage period shown on the current c�rtificate of coverage ends during the duration of the proj ect; (5) retain all required certificates of coverage on file for the duration of th� project and for one y�ar thereafter. SPECIAL INSTRUCT[ONS TO B1�DER5 .g. (6) z�oti�y the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change ihat inateriaIly af�ects the pzovisian aicoverage of ax�y person pra�iding servzces on the pzoject; and (7} contractually require each person vvitll whom 'rt cantracts, ta perform as required by paragraphs (1) -(7), wzth fhe certi�cates of co�erage to be provided to the person %r whozn fhey axe providing services. J, By sigiung this contract ar providing or causing to be pravided a certi�icate of coverage, the contractor is representing to the governmental entity t�at all employee� af �e con�ractor who will provide services on the project will be covered by vvorkers' compensa�ion coverage for the duration of the project, that the covexage will be based on proper reporting of classif cation codes and payroll amounts, and that all coverage agreements will be filed wiih the appzopniate insurazice carrier or; in the case of a self- insured, vvith the cozxzz�n.ission's Divi�ion of Self-Insurance Regulation. Providing false of zz�.isleading infarmation may subj eci the contractor to admir�strative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractQr which entitles the City io declare the contract void i�the contz'actor does not remedy the breach wi�iin ten days after receipt of notice of breach from the City. "The contractor shall pos� a notice on each project site inForming alI persons providing services on the project that they are required ta be covered, and stating haw a person may verify current cov�rage and report fazl�e to pravide coverage. Thi� notice does not satisfy otb.er posting arequirements imposed by the Texas Workers' Compensation Act or ofilier Texas Workers' Compensation cornrnission rules. This notice must be printed with a titX� in at leasr 30 poinf bold type and text in at least 19 point normal type, a.z�d sha�.l be in boih English and Spanish and any other language cornrnc�n to the worker populaiion: The text for the natices shall be the following text, without any additional words or changes: REQUIRED WORI�.ERS` COMPENSATION COVERAGE "The Iaw require� fihat each person working an this site or pro�iding servic�s related to this construction project must be co��red by vvorkers' compensation insurance. This includes persons providing, hauling, ar delivering equipment or materials, or providing labor or transpartation or other ser�ice related ta the praject, regardless af the identity af their employer or status as an amployee." "Call the Texas Warkers' C�mpensation Coznmissian at (512) 440-3789 #a receive information on the Iega1 requiremez�t for coverage, to verify whether your employer has pravided the required coverage, ar to report a.n employer's fa.ilure to provide coverage." END OF SECTTON SP�CIAL INSTRUCTIONS TO BIDDER.� -]0- PROP05AL lTO: MR. GARY W. JACKSON City Manager , �ort Vl�orth, Texas FOR: CONSTRUCTION AND INSTALLATION OF PARK IMPROVEMENTS �'DR: 1. EASTOVER PARK, GR'�G1�41204/08043$71�410 # 3845 Z. LITTLE PEOPLE PARK, GR7G1�412001U804387100'�Q # 3�4G 3. MADDOX PARK, GR76/541200/08043�'��00�0 # 389� P 4. MCDONALD PARK, GR'�6/�41�OOIO�d43�'�1002{l # 3848 Pursuant to the foregoing "Notice to Bidders,° the unciersigned l�as tharaughly examined the plans, specifcations, and tl�e site, understai�ds the amount of work ta be dane, and hereby proposes to do al1 the work and furnish all Iabar, equip�nei-�t, and materials necessary to fully cai�plete al� the work as provided in the plans and specifications, ai�d subject to ihe inspectian and approval of the Parks a��d Coinnaunity Service Departinen� Director of the City of �'ort Warth. The "approxinlate quantity" category is for infori��ation purposes only. The Contractor shall be paid on tl�e basis of actuaI install�d quantities on �on luinp sum iteins. Additionally, the Contractor sl�all be aware that �l�e Prapasal coi3tains both Lu�np S�m and Unit Price items. _ If the Iowest hid received exceeds the funds budgefied For the project, the City reserves the right to decrease the � quantities contained in at�y line item or ta eliininate any speciiic line iiems befare award af the coniract in order to �� bring tk�e work wit�iin budget. By subinitting a bid, the bidder acknawledges the City's rigi�t to adjust ar eliunin.ate li��e itexns �z•io�' ta tlae award of coiltract. �urther, by subinitting a bid, t1�e hidder agrees to honor each line item ,� bid price without recourse ta the City in tl�e event line i#eins are adjusted or eliininated. Upoi� acceptance ofthis proposal by the City Council, the bidcier is bound ta execuie a contract and furnish, if applicable, Performance, Pay�nent, ar�d Maintenat�ce Bonds approwed by the City of Fort Woi-th for perforining i and coinpletiz�g t%e said work within the time stated and %r the following sums, ta-wi�: � � SASE BLD I PAY APPROX. DESCRIPTION OF XTEMS WITH BID UIVIT TOTAL ' � ITEM QUANTITY PRICE WRITTEN IN WORDS ^ PRXCE AMT. BID XTnit Qne - Eastover Pariz 1 LS Excavation/Grading @ One Thausa�nc� Oi�er�Hun�dr�d Fi£ty-SixDollars & Forty Cents per LS $ LUMP SUM $ 1, 7 56. 40 2. 1540 SF I��stallation oF Concrete Paving @ Fn� Dpllars & �7inetv-�ne Cents per SF 3, 1 EA HC Accessible Ramp @ One Thousand Seven Hundx�ec3 and Th��-ty F� Dollars & Sixtv , Cents per EA f�' i--� '�, ��_A� ��_�a - t $� ��4 _ tin � 1-T73� . �0 Page 1 , PAY APPROX. DESCRIPTION OF ITEM,S WITH BID •� ITEM � QUANT�TY PRICE WRITTEN XN WORDS 4. 24b LF Concrete Mow Strip @ ' � �� nP Dollars & 'Z�nty-Five Cents per LF � S. 1 EA Tnstallation of Project Sign (see Federal Wage RateslContractor's �acket} @ �� Three Hundred and Forty-Six Dollars & Ninetv-Twa Cents per EA 6. 3b25 SF Safety �urfacing Material wl MatslSub Drain � � Installed �a p� Dollars & '1 � Nin�ty Cents per SF 7. 1 EA Speci�ed Play Structure Instailed @ ;� Thirty Six Thousanc� Three Hundared Fartv ThreeDollars & Thirty-Four Cents per EA ., 8. 1 EA Specified Whirl Ir�stalled @ Three Thousand One Hundred and Fifty Dallars & r � Three Cents per EA . 9. 1 EA Iilstaliation of Draii�age Catch Basin @ ,� One Thousand Seven Hundred Thirty-Four pollars & 5ixty Cents per EA ,, 10. 1 EA Speci�ied Two {2) Bay Swing Installed �}a Three Thausand Eight xun�r�d Seventy Six Dollars & Twenty-Five Ce�its per EA i f UNTT ONE TOTAL �� L � U�it Two - Li�tle Peonle Park 1. 1 L5 ExcavationlGrading �a Two Thousand Eight Hundred Ninetv-Dne Dollars & zero Ce�its per LS UNiT TQTAL PRICE AMT. BID $ 9.25 $ 2,275.80 � .�.4.6��.� � ��a� , A? ; 0 1. .,t . � $ 1 ' 90 $ �� •`�U �'i r� � � 36,343.34 � 3Fi,343_34 � _ 3 .1 Sn _ n� $ . _T�. D3 � 1, 734. 60 � 1. 73�4.6Q_„_ $ 3,876.25 $ 3,876.25 $ .b�; 8� . 3�3 G _ ti $ LUMI' SLIM $ � �� Page 2 , � 1 ` � PAY APPROX. DESCRIPTIQN OF ITEMS WITFI BID -� ITEM QUANTITY PRICE WRITTEN IN WORDS 2. LS Demalitiai� a��d Removal of Existing - �Playground Equipment @ Three Thausand Four Hundred Si�y Nine Dollars & '��'ty Cents per LS UNIT TOTAL _ PRICE AMT. BID $ LUMP SUM $ 3, 469 .20 I 3. LS Renloval af Existing Playground Surfacing @ One Thousand Six Hundred �nd Eighteen Dollars & I� Ninety Six Cents per LS 4. LS Deinolitioi� and Removal of Existing � Concrete Edgin.g @ � Four H�undred arid Four pollars & ; � Seventy-four Ge�ts per LS S. LS Demolition and Removal of Exist�ng ; � Co�ic�'ete Paveinent 5�ven Ht�ndred Seventy Four polIars & , � Seventy _Nine_____ Cents per LS � 6. LS Demnlition and Reinoval of 2--- Benches, ]-� Picnic Table @ � Dne Hundred az�c1 Fifte�n Dollars & Sixty-Four Cet�ts per LS ., ,� 7. 93a S�' 3nstallatio�a of Cancrete Paving �,u7 Four polla�•s & i� Ninety-One Cents per SF , 8. 1 EA HC Aceessible Ramp @ ,� One Thousand Seven Hundred Thirty Four Dal�ars & Si�c�y Cents per EA ;� 9. 241 LF Cancrete Mow Strip �a I , �_ 10 ,1 .� .� , Nine Dollars & Twenty-Five Ceslts pe�• LF 1 EA Installatioil of Project Sign (see Federal Wage RateslContractor's Packet) c�,r7 Three Hundred and Forty Six Dollars & Ninety-'I'wo Cents per EA Page 3 $ LLTMP SUM $ 1, 618 . 96 $ Lj.TMP SL7M $ 404.74 $ LUMP S[1M $ 774.79 $ LiTMP SUM $ 115.64 � - n � $ 4.91 $ �,-�it'i.67 ��;� $ 1,734.60 $ 1,734.60 $ 9.25 � -- � � - � $ ,�,22�: s� : � $ 346.92 $ 346.92 � -- PAY APPROX. DESCRIPT�ON OF ITEMS WITH BID •� ITEM QUANTITY PRICE WRITTEN I�NN WORDS 11. 3467 SF Safety Surfacing Material w/MatslSub Drai�a • Installed cr pr�� Dollars & Ninety-Fawr Cents per SF � 12. 1 EA S�ecified Play Structure Instal�ed @ ��hirty Three Thousand One Hundrecl� �.ThYrtv �Four Dallars & . Thirty Three Cents per EA �I � 13. 2 EA Specified Spring Aniinal �nstalSed @ One Thousand F�ve Hundred Fa.�ty NineDallars & i, Ninety Eight Cents per EA 14. 1 EA Installation of Drainage Catcla Basin @ " One Thousand Seven Hundr.�� '�h� r�l= �'��r pollars & ! � Sixty Cents per EA ' i 15. 1 EA Sgecified T�wo (2) Bay Swing Installed @ .�Thr� Thousand Eight Hundred Seventy Six DQ�]ars & Twen�y Five Gents per EA � UNIT TWO TOTAL .� .+ tl I: Three - Maddox Park _� . 1. 1 LS Exca�vation/Grading @ , Two Thousand Eight Hundred Ninety One Dollars & Z�ro Cents per LS ;_I 2• 90� SF Ins#allatian of Concrete Paving @ Fo,� Dollars & i� Ninetv Dne Cents per SF 3. 1 EA HC Accessible Rainp @ �� OnGe Thousand Seven Hundred T�?.*`t�_y Fou� Dollars & � Sixty Cents per EA UNIT PRICE $ 1.94 TOTAL AMT. BID �r �!� .�J �..�.� ��l � 33,�34.33 $ 33,134.33 ; �1�� $1, 559 . 9$ $ 3.,� I � �,�. $ 1,734.60 � 1,734.60 $ 3,876.25 $ 3,876.25 ��-,'�§6: � I s{ �� u � $ LUMP SCIM $ 2, $91 .00 �rt�l1��•� � _ $ 4. 91 $ .� �'3' t� $ 1,734.60 $ 1,734.60 # � Page 4 � , � -..- - PAY APPROX. DESCRIPTION OF XTEMS WITH SID � r ITEM QUANTTTY _ PRICE WRITTEN IN WORDS � 4. 241 LF Concrete Mow Strip @ , � Nir+.� Dollars & Twenty Fi�cre Cents per L� � 5. I EA Ia�stallation of Project Sign (see Federal Wage Rates/Contractor's Packet) �a ,. Tharae Hundred � Fnrty S, � Dollars & �. Ninety Two Cents per E� j� 6. 3467 SF Safety Surfacing Material w/MatslSub Drain Ti�staIled @ One Dollars & ; j` Ninety Four Cents per S�' �� 7. 1 EA Specified Play Structure In�talled �a �. Thirty Three Thousand Eighteen, Dollars 8� 5ixty Nine Cents per EA ;' 8. 2 EA Specified Spring Ani�nal Itjstalled r� Seven Hundxed and Seventy-Nine Dallars & ' Forty One Cents per EA � i �� 9. 1 EA Instal�ation of Drainage Catc�i Basin @ ;� one Thousand S�ven Hundxed 7.'hirtv Four pollars & 1 Sixty Cents per EA � i I0. 1 EA �pecified Two (2) Bay Swing Installed @ ;' Three �housand Eight Hundred 5eventy Six Dollars & ,�,r,Tpnt�, F.� �y Cents per EA �� 1. LS Ren�oval of Existin Pla oua�d S�irfaci� X � Y�' � � ,'T'w�o Thousand Four Hundred and Twentv Eiaht Dollars & � I Ce��ts per LS �� I 12. L� R�mo�al of Existing Wood Retaining Post @ ''� Four Hurtdred and Sixty-Two Dollars & Fifty 5ix Cents per LS � �_ 1 UNIT TOTAL PRICE AMT. BID $ 9.25 $ 2,229.54 �w $ 346.92 $ 3�6.92 �►,r � ( I $ 1.94 $�'�3�.52 .+r4 ' $ 33,018.69 $ 33,018.69 $ 779.41 $ 1,558.83 $1,734.60 $ 1,734.60 $ 3,876.25 $ 3,876.25 $ LUMP SUM $ 2r 428.44 $ LUMP SUM $ 462.56 r� Page � � • ----- --- PAY APPROX. DESCRIPTION OF ITEMS WITH BID � IT`EM QUANTITY PRICE WRITTEN IN WORDS_ � 9. 241 LF Co�icrete Mow 5trip @ " T N�-�� Dollars & � Twenty Five Cer►ts per LF � 10. l EA Ia�stallation of Ptoject Sign {see Federal Wage RateslContractar's Packet) @ ,, Three Huridred and Fourty Six Dollars & Ninety Two Cei�ts per EA � 11. 3467 SF Safety Surfacing Material wlMais/Sub Drain � f Installed @ One Dollars & '� Ninety Four Cents per SF i 12. I EA Specified Play Structure Installed � f Chirty 'I'hree Thousand One Hundred Thirty Four pollars & , �. Thirty 'I'hree ��its per EA � 13. 2 EA 5pecified Spring Aninlal Iustalled @ Seven Hundred and seventy Nine Dollars & � Forty One Ce�rts per EA ._ 14. 1 EA �istailation of Drainage Catch Basitl a�,7 ! I, Olq,e Th011Salld S�VErit Hilxidrw� Thi rtv Fni�r DO11�S $L Si�ty � C�nts �er EA � r :. 15. 1 EA Specified Two (2) Bay Swing Znstalled @ . Three Thousand Ezght H r�i red Seven�v Six Dollars & ,� Twentv Five Cents per EA � iJNIT FOUR TOTAL .6 ,i _ UNIT PRICE � 9,25 � 346.92 � 1 .94 � 33,'134.33 � 33,134.33 �,'��i Y G � 779.41 $ �.�.�8:'83�� $ 1,734.60 $ 1,734.5Q � 3, 876.25 � 3, 87'6. 25 $��•�i� ' u `.,t�� r; TOTAL A�MT. BID 7 r -j..�`�� $ 2' 2�"' �4 4 ',+{� � 346.92 � � / (- � 1 � ��'s' �Z ,',�. r �� UNIT FZVE - PROPOSED BID ALTERNATE� FOR EASTOVER PARK A 1. 5 EA ' G' Park Be�-�ches {to be field located l�y L.A.) @ Faur Hundred and_Ea.��t Dollars & � Twenty One CBl1t5 �lSi EA $ 408. 21 � 2, 041 .05 Page 7 � PAY APPROX. DESCRIPTIQN OF I'I'EMS WITH BID IT�M QUANTITY PRICE WRITTEN YN WORDS A 2. LS De�noli�ion and Removai of Existing - Playground Equipment @ i Nine Hundr�d and Twenty Five • Dollars & '�1�� Cenfs per LS � A 3. L5 Reinnval of Existing Playground Surfacing @ Three Thousand Two Huz�dred and Thirty Seven Dollars & (` Ninety Two Cents per LS '� A 4. LS Deinolition and Re�no�al of Existing Concrete Edging @ One Thousand One Hundred Fifty Six Dollars & � � Forty Cents per LS I � A 5. LS Demolition and Reinoval of Existing � � Conerete Sidewalk @ �� k One Thousand Four Hundred Farty Fi.ve Dollars & ,� Fi£tY Cents per LS � ' A 6. LS Deinolition and Reinoval Benches, Picnic ,� Tables, T�ree Grate, and Brick Pavers as indicated on plan @ Four H�andr�d and Si�ty 'I'�no Doilars & ;� F�.fty 5ix Cents per LS UNIT FIVE ALTERNATIVE SID TQTAL iTNIT TOTAL PRICE AMT. BID � $ LUMP SUM $ 925.12 $ LUMP SUM $ 3, 237.92 0 $ LUlVIP SiJM $ 1,156 . 40 ✓ $ LUIVIP SLJM $ 1, 445. 50 $ LiTMP 5UM $ 462.56 $ 9,268.55 UNIT SIX - PROPOSED BID ALTERNATES FOR LITTLE PEOPLE PARK A I. 5 EA 6' Park Benches (ta be field �acated by L.A.) @ Four Hundred and Eiqht Dollars & Twentv One Cents per EA $ 408. 21 i� A 2. 1 EA 6' Picnic Table a� Seven Hund�ed and Thirty Four pollars & Thirty One Cents per EA $ 734. 31 A 3. 1 EA S'HC Picnic Table @ Eight Hundred Dollars & Twentv Three Cents per EA $ 800 . 23 Page S � 2f041 .05 $ 734.31 $ 800.23 .l � � - - PAY APPRQX. DESCR�PTION OF Ti`EMS WITH BID � ITEM QUANTXTY PRICE WRXTTEN IN WORDS A 4. 1 EA 6' Picnic Table w/ Slab @ '! One Thousand Three Hundred Eiqhty Seven Dollars & Si��y Ea.ght Cents per EA � I A 5. 1 EA Deznol Remove 2 Picn.ic Tables U�lder . �. Shelter @ Two Hundred and Thirty One Dollars & �� Twenty Eight Cents per EA UNTT SZX ALTERNATIVE BID T�TAL UNIT SEVEN - PROPOSED BrD ALTERNATES F4R M,A DD�X PARK $ 5,194.55 A I. S EA 6' Parlc Benches (to be field located by L.A.) @ Four Hundred and Eight Dollars & ��nty 0�� Cents per EA $ 408: 21 � 2; 0�'l-: 05 A 2. LS Dernolition and Removal a�Existing Playground Equipment @ pne Thousand Three Hundred Eighty Seven Dollars & Sixty Eiqht Ce��ts per LS $ LIIMP SUM $ 1, 387. 68 A 3. LS Demolition and Remo�al of Existing Concre#e �ave�nent c�7t One Thousand Eight Hundred and Fifty Dollars & 'I'wenty Four Cei�ts per LS $ A 4. LS Reinovai Existing Basket BaII Goal per One HGnadr�d and Fifteen Dollars 8� LUMP SUM $ 1, 850 . 24 S�xty Four Cenis per LS $ LUMP SUM $ 1'I 5. 64 A 5. 19�0 SF Concrete Paving for Ball Court Area �a Fou� Dollars & Ninety O�e Cei�ts per SF $ 4.91 UNxT SEVEN ALTERNATIVE SID TOTAL UI�IIT TOTAL PRICE AMT. BID � 1,387.6$ � 1,387.68 � 231.28 � 23'1.2$ � '�, 7 � � •4'' $ .�•�nr- ' $ �. � . ��,. !i 11.!] Page 9 � I f �' PAY ��,XTEM � A1. r � A 2. � � ' ..: _. . APPROX. DESCRIPTION OF ITEMS WTTH BID i1NxT TOTAL QUANTITY PRICE WRITTEN IN WORDS PRICE AMT. BID �]�NTT EIGHT - PROPO�ED BID ALTERNATES FOR MCDONALD PARK S EA 6' Parlc Benches (io be �eId located by L.A,) �?a Four Hunc�red and Eight Dollar5 & Twenty One Cents per EA 2 EA 6' Picnic Table @ Seven Hundred and Thirty Two Doll�rs & $ 408.21 $ 2,041.05 Eighty Seven Cents per EA $ 732. 87 �C]�NZT EIGHT ALTERNATIVE BID TQTAL �„ � Bid Recapitulation Unit One fUnit Twa Unit Three . Unet Four Total Base Bid {Units 1,2,3&4) $ 1,465.74 $ �`�� i� �� `,�t 1`'i � �►��'�_ � � I'i1� t $ �5,�.�3 ��Q�,L �`1 L ��+, �� -� � 'S1 i�.� � .� - � � ��. . ti� � �• _ . � .,� �� $ �.�r�.�' _rr CUnit Five — Aiternate Bid Uni� Six — AlteY•nate Bid Unit Seven — Alternata Sid � Unit Eig�t -- Alternate Bid .� � g 9,268.55 � 5�194�55 � �:s��y�:� ",u 1 �i�� $ �.� 3�,'�': 1�� Total Base Bid with Alfernates $�� •� � �: '!. r `� � ��.' A_ Tlvs cont�•act is issued Uy an orga�lization in which quali�es %r exeinption pursuant to tl�e prov'rsions of Article 20.04 (F) af the Texas Limited Sales, Excise and Use Tax Act. B. The Cantractor performing tl�is contract may purchase, rent or Iease a11 materials, supplies, equ�pt�aent used or consumed in the performance of tl�e coniaract by issuing to his supp�ieA an exe�nption certificate in lieu of the tax, said exe�npiion Certificate coinplying witli State Coin}�troller's ruIing tax, said exeznptian certificate coinplying with State Co�nptroller's ruling #95-0.07. Any such e�einption certificate issued by the Cantractar in lieu af the tax sl�ali be if C. The undersigned assures tUat its eznployees and applicants for empinyznent and those of any labor � organizafion, subcontractor or eiitpioyi-nent agency in eifller furnishing or referring e�nplayee applicants to the undersigned are not discri�ninated against as prohibited hy the terms of City Ordinance 7278, as arnet�.d�ci by � City ordinarice 74aa (Fort Worth City Cflde 5ections I3-A-21 through i3-A-29), prohibiting discriminatzon in employ�nent practices. � Page 1D i D. Tl�� undersigned agrees to coinplete all work co�ared by ti�ese cont�•act docume»ts witf�in Seventv-Fi�e {75] Workin� D__�s after the date for co�nmencing work as se� fort1� in the Notice to Frdceed to be issued by the dwner and to pay not kess than the Federal Wage Rates encfased. E. Witl�in ten (10) days of receipt of notice of acceptat�ce of this bid, tl�e undersigned wil] execute the formal contract and wiIl deliver applicable Sarety 6onds for the faitl�iul perforinance of this contract. The attached deposit ch�ck in the suin of $ Dollars ($ 1 is to becoine the property of the City of Fort Warth, Texas, or the attached Bidder's Bond is to be farfeited in the e�ent the contract and applicabie bonds are not executed within the tiine set fortl�, as liquidated damages for delay and additional work caused tl��reUy. F In tl�e case of amUiguity or Iack of clearness ir� staking prices in the Proposal, the City reser�es the right to adopi tlse �71ost advantageous price far construction tliereof to tl�e City or to reject the proposal. G. Receipt is l�erel�y acknowledged of the following addenda_ No. 1� �/1 �/�2Na. 210 14 @s�. 3 No. 4 . � � Respectful[y subrr�itted, °. I Per:na Systems 1 Contractors. Ync (Coinpany N , Th�oclis Simm t By (Authorized 5ignature) � �� , Date: 10/17/02 � Address: 224 W.Beltline Road i. i Cedar Hi.lJ., TX 75104 ': ! L Teleghone: ( 469 } 272--3400 „ � SEAL (if corporation) I I_, ! � Page 11 �� A7�ACHMI�fd� 1A �age 1 of � � � Ci� of F�r� �Io�th , ��_,� ti ��t� „ �inori� a�d 'I�Vornen �us�ne�� i�rp, �,��;ai�i��n� � : ��'�; ,�{.; ' ��Ji*Sd�� Li�l �� .r n�i ��'j ��- �`� ' 9 l �lj] �:. �l �exma Systems General Cantractors, znc. ��tober 17, 2002 PF��dIE COMPANY NAME -- - Bld DA7�. 'v�:: r'` ;:= ,�t7��Q��$O��S7'I OO�I O � f iayground Renovations : Eastover Park, , . _ � ; / __, ,,: �i � r � ; •, , ;, � � . � _ Pl�. � JECT NAf1AE Llt.tl� Peapl.e, MadC�+OX ParK � McDonald Park p�4��C7 HUI�gIEIi GR76/541 �UU U804387i 0050 Ct27F /5412�(] / �8043A71002Q L! ¢'Y'S 1VI/WBE i'RU.fECI' GOAL: � 3 o I I M/WBE PERCENTAGE ACITy�+ VED: (']� � I�; � . _. _ , , _ _ . � �Failure tn �orrkp!ete this �orrn, rtt �tS �nti�ptY L;'':��1 SU�7�t)Y'tiyl� ��r�manYStl(lll, �!"!C� f�tai�rs±t�} �,'� t�?8 �llr^?�ITI� ��nat'�mon# or �a�efore �:�Q �.rn. five {5} Giky bus�ness days �i�S�r #�:� o�enlr�g, ��e�ltrsive of �isl o��ing ��±�, wil� re��9t rn t�s b4� � Ib�� Il� C�:^.5:�pr�� 1^:i-��'}Of}"5iv� t0 �IL� ��r>ri#ir�tiilnS. I �� 1111C��!"$I�II�d �'�{�t�$!' �C,]'1'��S �D �nfpr i;;+,a a farmal a�reerrzent wi±h t!�:e II�BIE �r��!�r W�� f�:�:� fa!' work Gastad ir� t�is sr iedule, aondiiian�d u�an exp��t9�n of d CPnfra�� wit!� the Citu of �art W��!�. �'he ii�*.!�r!±±n��# �rd1�r kn��ng misrepresentation of facts �s qro�un+ds i�or aa!�!�iderat�on a� disq��l�ficati4n �n� �nri11 re��Yt in �he #�id �ieing cansidereci non-responsi�e to specif3catfons. s- .. _ ,�..._— - �-: � . ' c:ompany Name, Contact Name, Address, and Telephone No. �� Theodis Simmons � ;�.��.g�.t�II��. C',�np�ra i „.� �„�.�ntractaxs, Ync. .,.�.�-�,. _ __ . . . _ - - - m„�__�T....�]..��.�i.�� ... �....� �� dar Hi11 TX 751 a4 �., _ _ _. _ _ _ u i_ �9-272-3� D Certified ��afy �;�II Gontractinp SpecityAll O:e:ns to be polla�',qmount �ri�pe ,�! 1+L�tirlc �*j � �upplied(*} ,�; .-. � o o �� a� ' � i x�-� Demolition, sitework �lition equip.,� X excavation ec�ui.�nent � labor, grading placement & � �� & �'{ 46, 387. 00 ��g��t concrete P . _.A�I�i..J��, _ __._..._ ___ ._. �' Dr. Ste 148 , °�J4 Chowx��.nq ,.� �.».��.__... ._... .. .- - ---- -�o..�.__..w., {�So�o, TX 75115 ...�. X � 2�14-615-166� �.i __ . . _ .__.__�.,.�_�__�_--» �x�vev Sol�aon � _ T—�,�..,.,�.,.,.�..,,.�..�,�.�.....� � ��. � � I. _ M.�..�_. u- . FOrms, reba.r, FOrmS, rebar, oancrete pl.acement 1al�or, redwaod and finish 1st � 49,965.00 L' MIWBEs musk be Iocated in the 9(nine) county marketplace or currerttly doing business in tt�e marketplace at ihe time of bld. �('� �Specify ali areas in which MWB�'s are to be utilixed andlor items to be supplied: j A comglete listing of Items to be supplied is requfred irl orderto receive credit toward the MlWBE goal. Iri �Identify each Tier level. I Tiar: Means the le�el of suhcontracting helaw the prirne contractorlconsultant, i.e., a direct payment from ihe prime contracior to a subconfiractor is consldered 19� tier, a payment by a subcontractor to its supplier is considered 2"d tier. 6 THIS FORM MUST 8E RECEIVED BY THE MANAGING DEPARTMENT BY 5:�0 p.m., FiV� (5) CITY BU51NES5 DAYS AF7ER BID OPENING, EXGLU5IVE OF TNE B�D OPENING OATE Rev. 6I2I88 ' Pages 1 and 2 of Attachment 1A must be receiv�d by the iVlanaging Departmeni O � A�iE�CHi1Ili�N� 1A '. ,. �' ,; "s� Page 2 of � CI� o� ��i't 1�1o�th �,��!- `.'. "�� .� �;�.�,�, �in�ri�� and I�V�men �iasine�s �nt��pr�ise Speei�i��tions ��1l�� UilLlZ�eil01� �� ;�i�: ''-'. �+i� . .' �C '4.ompany P�l�!??e�' ��n#ar_C i'jiamB� � G�;�pf�oe,�—� Addr�ss, ��d Tele�„��►� ��o. l -- u 1 �� L �. � � � � � � � ,'` -- .�..� _.�� ,....,..�.._�_. �, . . .. -----..��w....�»�....w»..�,.�,F:.,�,.M. --- -- --- �... . _ _.. _ , _,..;�....,.,... .�W�...�m�.� .-.-_ -.. ...,..�.��........« � - - --�___ _ ...,_ �pecify All GnnTracrcng - ��s;�� ,11 I#grrrs to 1�e � �ol�ar �1mou�:t� �co��x ot YNvrk {"} aup�lkP�+;�� ,�; �� c�+= � T�� hidder fu�ther agrees to pr�vide, directly to the City upon request, complete and accurate information regard�ng a�� ual work pertormed by all suhcantrac#ors, including MB�(s) andlor WBE(s} arrangement5 sutamitted with this bid. Th� bidder also agrees to allow an audit andlor examination of any baaks, r�cords and files held hy their company that will suhstantiate the actual work performecf by the A�IB£(s) andlor WBE{s} on this cantract, by an authorixec[ officer or ei �'ployee of the City, Any intentional andlar knawing misrepresentation of facts wil[ be grounds for terminating the cl i�traGt ar debarment from City work far a period of nof less khan three �3) years and for ini�iating action under I�ederat, State or Lacal laws concerning �alse statements. Any failure to comply v�rith this ordinance and creates a material bt ach of contract may resulE in a determination of an irresponsible offieror and barred from �articipating in City wo�k fc� �a af time not less than one (7} year. ALL MB�s and WB�s MUST �€ C�RTIFI�� Y �HE CIYY �EFOR� CON�RAC�' AlNA�9 ' � �� 'I'heodis 5immons Al�lh � Signature Prinf�d Signature Presa.dent �r i; ��e Cantact Name and iitle {ifi dif#erent) ,, �a Svstems General Contractors. Inc� 469-272-3400 C;--,mpany iVame Tel�phone Numher (s) � ��4 W, Beltline Road 469-272-3444 ��SHili, TX 75104 10/21 /02er C�._lylStatelZip Code Date THIS FURM MUST BE f2EC�1V�D BY THE MANAGING DEPAR7M�N7 BY S:OD p.m., FIVE (5j CITY SIiSINESS �AYS AFTER BID OPENIHG, EXCLUSIVE O� iHE BID OAEiJING QATE � , �. i�ev. fi12196 Pages 1 and 2 of Atfachment 'IA must b� received by the Managing �epartment WAIS Document Retrieval � GENERAL DECISION TXOZ0046 03�01�2002 'I'X46 I i3ate: Niarch 1, ZOD2 � General Decision.lVumber TX0�0046 Superseded Genera� Deeision No. TXalOD46 Sta�e: TEXAS Construction Type: �� HEAVY Coun�y(ies}: Ja�INS ON PARfCER TARR ANT Heavy Canstructian Prajects {Tncluding Wa�.er and Sewer Lines) ModifiCation Number Publication Date , 0 03/D1/2602 COUNTY(ies?: JOHi�ISON PARfCER 'lCARRAIVT PLUM4146B O5/O1/2001 � Pat,es Pringas PT�IIf�IBERS�PTP�FTTTERS �i} . �3 3 , f34 SiJ'FX2047A fl6/41/199D • Rates Fringes C.p,R�E�TTERS 10 . 4 0 $ 3. 64 d � CONCRETE F�NZSH�FZS 9.81 ELECTRICIANS 7.3-?� � � E'ORM SETTERS '1 , B6 �� LABORERS: Common �.37 , U�ility B.Q9 PAII�7TERS 1 �, S 9 +- PIPELAXERS 8.4� POWER E�UIPM1�iENT OpERATbRS: �' Backhoe k:,Y� �.3U i , Bulldozer ]L0.'7e" Crane '13.15 3.30 , �`ront End Loader f a . �4 Mechanic i0.33 ,. 5crap�r 10.OU i REINFORCING STEEL SE�`TERS �0.64 Ti2UCK DRIV�RS ?.34 Y l WELDERS - Receive �a�e prescribed for craft performing opera�ion to which welding is incidental. -----------------------.��_.��4___--___��_---------------------- „----------------�______--_--------------------------------------- Unlisted classi�ica�ions needed for work not included within the sc�pe of the classi�a.cata.ons �.isted may be added a�ter �� award only as provided in the labor standards contract cl�us�s Pag� 1 of 3 file:/lC:1WINNT1ProfileslcreekdiTemporary%2QInternet%2QFilesl�LK 111WAIS%20Documer... 8/7/02 WAIS Docuinent Retrieval {29 CFR 5.5 (a) (1) (v) ) • ---------------------------_-------------------------------------.._.. rn the listing above, the "SU" designa�.ion means that r�tes listed under tha� identifier da not xefleet collectivel�r bargained wag� and fringe benefit rates. Other designations indicate unions whose rates have been determinecl ta be prevailing. WAGE DETERMSNATION APPEAL�5 PROCESS �.. ) Has there been an inatial decis�on in the matter? Tli�.s cazZ be: * an exi.sting publishsd wage d��errnination * a survey underlying a wage determination * a Wage and �Sour Division letter setta.ng forth a position on a wage de�ermination matter * a conformance (adcl.ationaZ classification and rate} ruling On survey r�la�ed matters, initial con�acti, including requests far summaries of surveys, 5hould be with the Wage and Hour Regional Office £or the area in which the suzvey was conc�ucted l�ecause thase Regianal O�fices have responsibility fox tkze Davis-Bacan stzrcrey program. �£ th� response from this in.itial contact is not satisfactory, then the pxocess described in 2.) and 3.} should be fol�owed. With regard Co any other matter not yet ripe for the �ormal pzocess described here, in.i�ial cantact should be wath the Branch of Cora,st�uction Wage Determinations. NTrite to: Branch oi Cons�ruction Wage Determinations Wage and Houx Divisian C7. S. Department o� �abor 200 Cans�itution 7-�venue, N. W. Washington, b. C. 202�0 2.) zf �he answer to tkze questian in 1.} is yes, then an intexested party (those affected by the action) can request review and reconsideration �rom the Wage and Hour Adminis�ratiar (See 29 CFR Part 1.8 and 29 Ck'R Part '7). Write to: Wage anci Iiotzr Ac3.ministratpr U.S. Department of Lahor 200 Constitution. Avenue, N. W. Washing�on, D. C. 202�Q The r�ques� should be accompanied by a fulZ stat�:men�. of the interested party's position and by any informatian (wage payment data, proj ect descra.p�ion, area practicE material,� ete .} that tkie requestor considers r�levant to the issue. 3.) If �he decision a£ th� Administrator is not favorable, an interested party may appeal directly to the Administxative Review Board (formex�y �.he Wage Appeals Board). Write to: Administra�.ive Review Boarcl U. 5. Departm�nt of Labor Page 2 of 3 f le://C:IWINNT1Prof IeslcreekdlTemporary%20lnternet°�o20FileslOLKI 11WAI�%2dDocumer,.. 8/7/02 WAIS Document Retrieval 200 Cons�itution Avenue, N. W. Washington, D. C. 20210 ,� .� .� :� ;f ,I ,.� � �!.} All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 3 of 3 file://C:IWINNT1ProfileslcreekdlTeinporazy%20Internet"1�2UrileslULK111WAIS%2UDocum�r... �t71'az City o� Fvrt Woxth �ntergovernrnental Affairs and Gran�s Management (IAGM} Community Development �Iock Garant (CD�G) Funded Construction Projects Table oi Cantents PAGE I. Pre-Constructian Conference l�+finutes . . . . .... . . . . . . . . . . . . . . . . . .. . : . . . . . . . . . . . . . . . . . . . . . . . . .. . ... 1 - 3 II. Cantractor / Sub Tnformation Forms . . .. . .. . . . . . . . . . . . . . . . _ . . . .. . . . . . . . .. . . . . . . - ............... ....... 4 5 IIT. StartofConstructionForm-�--�-�--� ....................................................................6 N. Construction Complete Form .............................................. .... ......... 7 V. City of Ft. Wprth Finance Department, Affirmative Action Plan : ............................ 8- 22 Section 3 of the Housing and Urban Development Act of 1968 A. Section 3 Attachment Foznas I. Attachment B Self-Certification Form ................... .................................. 26 2. Attacbment D Staiement of Release Forrn ...... .......... ...... ... ............. .......... 21 3. Attachment E Preliminary Statement of W arkforce Needs Forn� . . . . ... . . . . . . . . . .. . . . 22 VI. Statement oFPolicy on Equal Employment Oppartunity Foz� .................................... 23 VII. Departn�ent ofHausing and Urban� Development Contract Requirements ........... ....... 24 - 38 Executive Order 11246, Equal Qpportunity Clause; Section 202 !�, ExecuYive Order 11246 Fonms 1. �'ertiiication and Acicnowiedgment Forrn .. . . . . . . . . . . . . . . . .. . . . . .. .. . . . .. ... . . . . . . . . . .. .... :.;9 2. Certiiicatian of Bidder Regarding Equal Employment Opportunity Form .... .... ,... 40 3. Ceztaf'tcafion Regarding Lobbying Form . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. .. .. . .. . . . . . . . .. . . 41 4 . C`ertificate of Owner's Attorney Form .. .. ........ .... ... ..................... ......... ..... 42 VIIl. i 3.5, Deparhnent of Labor Wage and Hour and Public Contract Divisions A. insiructions for Completing Payroil fozzn WH-247 ......... ..................................43 - 45 'B, L.S.17epanment u� Housin,g and Urban Development 1. Certiiicate fzom Coniractor Appo�ting officer or ernployee ta Supervise Payment of En�nlayees Farm ............................ .......... ........................................... 46 ?, Payroll Fozzxi ..................................................................................... 47 3. U.S. Depaztment of Labar State�nent of Co�liance Form ................................ 48 �. Bmplayees Statement af Work Verification Forrn ............. ............................. 49 5 !'a�roll Deduction Authorization Form ........ ..... ....... ... .. ................ ... . .......... Sa 1�. U.S. �epartment of` Housmg and Urban I�evelopment Community i3evelopment Block Grant Tnput: 5ubc�ntractar's Certiiication Concer�ing Labor Standards and Prevailing Wage �? � �auiremenYs . . . . . .. . . . ................................................................................ 51 - 53 X. H�w to Complete Payroil Farms XI. I�:qual Employmeni Oppoitunity Poster �� XIL U.S. Departmeut of Labar Poster XIII, ProjeetDesignationSign � City of Fort Worth Inter�overnmental A��'airs and Grants l�anagement �L�G1V�j Community Development Block Grant (CD�G} Funded �onsfruetion Pra�ects n,.:? Re�uired Forms and Dates � � � . WHO COMPLET�S DLJC 5UB PRIM.E REQUIRED �'ORM FORM �� T SUI3MIT TO: All t]tose vvh4 aite.nd Keep ror Your Aecords I'II,E PII.E Pre-Construction Meeting meeting si�rn Contractar I Sub Conlsactor and All Subs Before the Sta�t of PRIME Tnfom�ation Coz�s h'ictiaa� Stari af Constructiau Form CONTRACTOR �t the Sta�t of Constnzctio.n PRIME Constructian Complete CONTRACTOR After conapletiozl nf PRTMF' i' OiIIl CariStTllCt] pJl Section 3 Attachment Forms CONTA.ACTOR AND Cozi�plete and Retuan PRIME � Attachment B 5elf- SiJ�3C�NTRACTORS Within Seven (7) Days of Certz�cation Form Receipt � Attachment D Statement pf Release � Form � Attachment E Preliminary 5tatement of Warkforce Needs Form Statement of Po�icy on CONTRACTOR AND • Equal Employiment SU�3CONTRACI"QItS O�]�IO�7lTllt}+ FDriTl ' CONTRACTOR AND Certit"icatian and SUBCONT1tACT�RS Acknowledgement Fazrz� . U.S. Denariment of Housin� CONTRACTOR ANll and Urban Develonment SUSCONTRACTORS ' � Certif`icati�on of Bidder Regarding Equal ' ' Emgloyznent . Oppozlunity FQrm � Certafication Regarding � � Labbying Form � Certificate of Owner's Attorney Form U.S. Department of Housing and Urhan Develvnment � ' • Certiiicate from Contractor Appointing I officer or emplQyee to Snpervise Payment oi Employees Form C;C3NTRACTOR AND SLJB�ONTRACTORS Compl.ete aiid Return Witl�iu Seven {7) I7ays of Receipl Camplete and Retlun Witl�in Seven {7) Days of Receipt Complete and Ret�uri ��'it�iia� �eveii (7) Days of Re�eipt C�pmpletc: azid Retur�� Witl�in Severi (7) Days af. Receipt IAGM Mon.itor iAGM Manitor I/1GM Monitor TAGM IVionitor PRT'ME , IAGM Monitaz' PRIME I IAGM Monitor PRTM� IAGM Monitar FRTME 1AGM Moxtita� Cixy of Fort Wo�rth Intergovernmen�al Af�airs and Grants 1Vlana�ement (IAG11�I) Cnmmunity Development Block G�rant (CDBG) Funded Con�iruction Projects REQUIRED FORM Pavrall Forms You are 1�at required to use Payrof] Form WH-347. You may use any other type of payroll, sueh as computerized formats, as long as it has al] af the informatton that is required an the VJH-347. U.S. Denartment of Labor Statement of Compliance Form WHO COMPLET�S F'012IVI The prime con�ractor• should review ea. Subcontractnr's payrnll ', reports fnr conipli�noe I prior to subnvit�ng the reports to IAGM. I coNTa�ncTo.� nrrD SCTl3 GONTR.�1 CTORS CONTRf1CTOR AND SL]EGONTRACTORS DLl�, IIeginning the f'usi� week you�� campan� wozks o�i a project and far e�ezy 4��eek �Cteiward uutil yoi.0 �riii has compl�ted its work. NuiuUer t�ie payroll reporCs be�'v�nin�? with # 1 Initial aiaci clearly �narlc your Iast payrnll "rinal." l�ttach to Cl�e. �ve�k.ly pay.r•o.11 «rith ori};inal si�nature Reqtured whe.n employee is used im m�re than one �lassitication, and specify ctiffcrrnt rates af pay during a��y payrall �eriad Unly one e.�InyeG authorizatioii is nced�ci for ree�rriu�; dcci.uctic�zls. This sl�oi��d accnmpany the FIRST �ayrall an which t17c daductzon appears l3efo��e staxt of work SLl13 S[JE3MlT ro: �zu��; PR�vf� �lumE SUBMIT TO: IAGM Moi�rcar �mployees StaYenlent of Wark Verifieation Farm Payroll Deduction Authorization Form U.S. Depai�tment of HlJD Cornmunity Block Gzant Input Subcontractoz''s Certification Conc�rn.ing Labor Standards and Prevailing V�age Requirem�nts Form Na�zcE To �.L - EMPLDYEES Working on �'ederal or Federally Funded Finance Construction Projects �qual Emplayment Opportunity Poster U.S. Deparhnent of La6or Paster k'roject Designation Sign EMPLOYEES M.UST AUTI�ORI�� ALL DEDCJC:TIC?NS str�coN�i�e�ro�z CaNTRACTOR I1!ILJST POST CONTRACTOR MTJST POS'I' CONTRAC::TOR - Ml7ST pC]ST 1'ost on site at the stat�i� of canstruction Post on site at tk�.e stat�t of canstructiat� P4st on site at thc sta��t oi' c�nStiuGT� O1l IAGM Monitor� PR1M�: IAGM Mo�itor PA.TME IAGIvl Nlonitnr P12IIvIE IAGM Monitor P05T PO�T POST P05T POST PQST p�I�E CONfiFtAC 1 OR �ORWARD� ALL ��RIVI� �'O I HE IAGIVI 1VIO�V'I�`OR r� ��4..�1`��YJ�JLJL�l�I �l..�l�IJL'��J.`��1..� 1P'lIll�1U��s DATE: LOCATIQN: PROJECT NAME: LOCATION OF PRQJECT: , ' PROJECT NUMBER: C�NTRACT AMOUNT: � ' NAME , TIME: �.'1�TENl)EE� �iANi� & �.I)DRESS UF F1RM '.['ELEPH�ONE �TiJMBER � A preconstr�ction conferen�e vvas i�eld on the abave date �to discuss ��bor stan�lards r�quirements �ppiicabl� `' to this projec�. The attendees, as listed above, were pro�ided the following information. The "CONTRACTOR INFORMATION" form required of the cantractor and all subcontractors should be ' completad and subnnitted before starting canstruction. Seciion 3 Plans must be completed by coniractars and subcontractars having contracts ouer the arnount af � � $1 Q,OOQ. � Written affirmative action plans must be submitted by t1�e contractors and subcontzactors having eontracts ., over the amount of $50,000 and employing more than 25 non-construction employees. Theplans should address the contractor"s intant to hire ax�d train minorities and fe�a�es on an equal basis as any other group. , Executi�e Order 11246, included in the contract docun�ent, should be followed as closely as possible. � 1 This proj ect is subj ect to the Davis-Bacon Aci (DBA}, Copeland Act, Contract yG'ork Houxs Safety Standards Act {CWHSSA), and the Faiz Labor Standards Act (FLSA}. FLSA sets aut the requirements for payment of rninirnum wages, overtime pay, child labor standards and prohibits wage discrimination on the basis qf �e�. DBA specifies tl�e minimum wages to b� paid the vaz-ious classes of laborers and mechanics employed on the project. CWHSSA sets a unifo� standard of �40-11our workweek with tzzxze and a ha�f �he basic rate of pay for a11 wark in excess of 40-hours per �eek. The Copeland Act prohibit� kickbacks being paid by �he employee to the employer and requires the weekiy submission of payrolls. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS AND/OR WITHHOLDTNG O�' .1NSURED ADVANCES. The contractor should infonm his foreman and subcontractors that this proj eci is subj ect to periodic employee wage intez-vzew visits by City staff and/ax federal agencies, such as H[1D or DOL, io insure compIiance wi�h the afarementioned regulations. These federal o�ficers or City staff are not tfl he prevented from con.ducting such in�erviews. The suggesied payroll form is WH-347, Payroll. AlI ather payroll fnrms rz�ust be approved by T�UD prior to use. Payralls �x�.ust be submitted to the Finance Depariment wiihin seven days a�ter a nav neriad end�. A pay�eriod is se�en (7) consecutive days. Payrolls must be original and must be completely exeeuted. Tne signature must be � that of owner, partner, of�cer of authorized individual, and zn.ust be an original ink signature. It is suggested that b3ue ink be used. The certification dates must cover the seven (7) day period. "A CERTIFICATTON FROM ' CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TQ SUPERVISE PAYMENT OF EMPLOYEES" , �onm must be suhmitted. ' The payrolls and basic p�yroll records af the contractor and each subcontractor cavering a111aborers and mechanics ernplayed upon the work covered by this con�ract are to be maintained during the course o�work and preserved for a period ofthree years thereafter. � T,iquid�.ted damages will be assessed fat- �ailure to pay overtime. Th� assessment arnount is $10 p�r day per ' violation. O�ertim� begixxs on this project after 40 hours per week. Additionally, vvage restitution must be paid to , any eznployee who is underpaid whether the underpayment is due ta failure to pay overtime or failure to apply tk�e prescribed haurly ra�e of pay. Employees znust be classified and paid accoz-ding to the classifications and rates prescribed by the applicable wage decision. The decision which is applicable fo khis project is . The wage decision must be posted � at the constructian site along with required posters for the duration of construction activity. Any classif cation needed which does not appear on the wage decision must be requested and approved by the U.�. Departxnent of Labor prior to the use of ihat classit"ication on the project. In instances where fhe owner of a company perfarms work on the projeci, that own�r must show himselfl ' laersel� an the payroll and must show tb.e hours worked each day and total hours for the week. All uersons who perform work on the proiect must be shown on the navroll. The address and sacial security number far each employee must be iz�cluded the first time tY�at emplayee appears on �he payroll and any tirne �eir address change. � Apprentices may be employed on the project, however, they must be certified by the Bureau of ' Appren�iceship & Training and the allowable zatio of apprentices ta journeyman zxzust not be exceeded. �� Payrolls are required for wee�Cs in which no work is per%rmed labeled "NO WORK PERFORMED". ,; The frst payroll fu�nished must show "INITIAL" in the payroil number block. Likewise, the Iast payroll rn.ust show °FINAL". 5ubsequent payrolls #'ollowing the initial payrall n�.ust be numbered sequentially beginning 2 �C with number 2, including payrnlls labeled'"NO WORK PERFQRMED". Any person rxrha is emplayed an a piEc� worl� basis must be shown on the payralL The hours worked each day ar�d total hours for the week must be shown. The k�our�y rate of the piece worker rnusf eq�tal or exceed the prescribed hourly rate far the particular work classification, Dual work classificatians within the same payroll period are acceptable provided ihat a signed verification o�' the dual wark classification is furni.shed from ihe employee. When dual work classification are us�d subrnit the foz�x� "EMPLOYEE,S STATEMENT OF WORK VERIFICATION", Deduction authorizaiions, signed by ea�xiployees, rnust be provided for any deduction with th� exceptions of FICA and federal tax. Uniess othez-wise specified by the applicable wage decision, fhe classification of "helper" is unacceptable. Empioyees must be classified and paid based an the work ihey perform, e.g., if a person performs the duti�s of or uses the tools oF a plumber, that person must be classified as a plumber, not as a pl�mber's help�r (�he plumb�r classificatzan is used tllere as an example only). Thc; genaral contractor will be required ta certify that all lahorers and mechanics employed on the proj ect {including those employed by subcaniractors} have b�en paid haurly rates as prescribed by the applicable Iaws. The staff person who will monitor this project for compliancs with Iabar requirements is Greg Jordan or Tamika Barr. Any qu�stions coiicerning labor requirements should be directed to hixl�lher at (817) 871-83 $7 {817) 871-8365. Questions sho�ld be directed through the general contractor who is ultimately responsible for the fulfillm�nt of these obligations Submitted by: NAME DATE Contact Person: City of Fort Warth Intergovernn�en.tal Affairs & Grants Manageznent Tamika Barr 1 Greg Jordaz� lOQO Throekmorton Street Fort Worth, Texas 76 � 02 (817) &71-8365 CONTRACTOR INFORMATION Date � , � , „ � PRQJECT: 1. Cantractvr: 2, Address: 3. City: 4. Telephane: Fax: S. Federal �.D. #: 6. Officers af the Corporaiion: President: Vice Pz-e�ident: Secretary: Treasurer: 7. If sole owner or partnership, list owner (s): '??aciaVEthnic Ownership: 1 - White American ? - Black American � • �Native Ameriean 4 -Hispanic American � - Asian/Aacifrc American G - Hasidic ,�ew I certify at �he time of execution, hereof, neither my company nar my corporate officers (if incorporated) are listed in the list at'Debarred, Suspenc�ed, and Ineligible Cnntractozs �rzzaintained by the Department of Housing and Urban Development (HLTD}. aignature Y 4 SUBCONTRACTOR �NFORMATION (To be cornpleted by contractor} Date PROJECT; l. Subcontractnr: _ - 2. Contract Amount: 3. Addr�ss: 3. Gity: _ , �. Telephone: F�� , S. Federal I.D. #: ' Raciai/Ethnic Own,ership: , 1 - White American 2 - Blac�C American , 3 - Native American 4 - Hispanic Aznerican ' S - Asian/Facific American 6 - Hasidic Jew , S L � u � �i �� I a � START OF CONSTRUCTION ; � t � Project Name: ' Prajeet Location: � Project Numher: U.S. Departxnent of Labor Wage Decision: _ � This is to iz�foz-m you that the (Date) {Name �� Co�pasiY) of , , (Address} (CitylTown) , , has startect work �n the ahove r�ferenced praject cov�ezed by our {�tat�} {Zip) contract �� itk� ,rou, �t� 4f . (Date) Respectfully yours, �'Name af Company) By (Signature} (Title) � � ��I�STRi7CTI�1V �''�1VI�I,��'1� Project Name: Praj ect Locatzon: Project Number: U.S. I)epartment of Labar Wage I�ecision: This is to infarm you that the (Name of Compaxay) of (Address) {City/Town) , , has �ermina�ed wazk on the above referenced project covered by our (Sta��) {Zip) contrac# with you, as af {Date) l�espectfuliy youx's, (Name of Company) :� (Signature) -7- �.��y o� �i�a�� o��l� IIl, - ;. � _ - _ � ffiz�x�ative Action Plan lJnder Sectzon 3 of The �-T_n,�s;_n_g and Urban Deveiopment Act of 1968 �.evised 410Q � Cxty of Fort Worth � Part II: , , Afj`irmative Action Plan Table of Conten.ts Purpose ar�d Background Inforrnation p�a�e 1. Summary Explanatxan aaid Purpose .....................................................1Q 2. Geagraphical Applicabili�y ................................................,............,....10 3. ApplicabiIity to Businesses ..................................................................10 4. Applicabiliiytn Individuals .................................................................11 Selection of Subcontractors and Vendars 1. Procedures ......................................................................................13 2. Sources for Locat�ng � ection 3 Covered Businesses ........................... � 3 3. Required Contraci Clauses ............................................................13 -14 Hiring Train�es and Employees 1. Procedures ......................................................................................15 2. Good Faith Efforts ...............................................................................16 Compliance and Consequences 1. Monitoring of Requirements ................................................................16 2. Grievance Procedures .................................................................. 16 - 17 3. Sanctions ......................................................................................17 Attachments Part I: ' . 11 Part N: Part V : 1. Self-Certification Form ............................................_...,............................,,.2U 2. �tatement af Release ...................................................................................21 3. Preiiminasy �,'tatement Wark Force Needs ..................................................'�'Z � � City oiFort Worth Fiscal �eXvices Department Intez-gover�mental Affairs and Grants Management Division Aff rmative Action Plan Under Section 3 of the Housing and Uz'ban Development Act of I968 �- ----------------__._Y------------------------ �r��R`X' 1: �}��rosr ,��v�� r�A��U�� rro��l��'i'i�3l� { ,� � '' 1. Su��nary Explanation and Puroase: Section 3 of the Housing and Urban Yl�ve7opment l�t�.f. �l` ��68, as axne�ideci, �("Sectian 3") is binding upon �he City af Fort Worth, ("the City") and its Contractor in a11 project� using Commuruty Developmen# Block Grani (CDBG) funds. Any Con.tractor of CDBG fiulds, from whatever source, is bound by Section 3. �• The two primary puxposes of Section 3 are (1) to encourage the use of sinall, local and minoriiy businesses as suppliers of goods and services, and {2) to encourage the use of Iocal, minority and lower income persons as trainees an� emplayees. Section 3 requires that good faith �' efforts be made to achieve th�se purpases. '�his plan �ets torth the procedures which w�ll be faflowed by the City of Fort Worth's �iscal '' Services Depa.riment, Intergoveznmental Affairs and Grants Management Division (°IAGM"} and alI its CDBG Contractors to accarnplish these purposes. Specific regulafions governing Section 3 are set out in 24 CFR i3S. 7 � 2. Geo�rabhical Anplicabzlitv: �� For the Comrxiunity Development BIack Grant Program, Section 3 is applicable ta aIl '' acfivities taking place within ihe corpoz-ate limits of the City of Fort vvorth, Texas. Witbin this rrseGtion 3 covered area", tl�e IAGM Target areas are cvnsidered priority areas. The Target areas include the iallawing 1990 census tractslblock group numbers: ., 1Q01.01/1, 1001.01/3, 1001.01l4, 1001.01/6, 10Q1.0214, 1001,02/5, lOQ1.02/6, 1002.0111, 1002.01/2, 1402.01/3,1aa�.01/4, l Q0�.02/1, 1002.02/2, lOQ2.02/3, 1402.0214, 1Q02.02/5, 1043/I, 1003/2, 1Q03/3, 1003/4, 1403/5, 1003/6, 1044/1, 10d4/2, ].OD4/3, 1044/4, 1004/5, •. 1004/6, lOQS.f}1/1, 1005.0112, 1405.D1/3, 1005.a1/4, 1005.O1/S, 1Q05.01/6, Y005.0211, 1Q City of Fort Worth Affrmative Action Plan 1005,0212, 1.005.02/3, 1005.02/�, Ip05.02/6, 1005.02.7, ID06.0212, 1006.0213, 1007/1, T007/2, 1007/3, �Q0715, 1008/1, 100812, 1008/3, 1008/4, 1008/5, 10Q9/1, 1.009/2, 1009/3, 1010/1, I010/2, 101ll1, 1Q1112, I011/3, 1011/�4, 1Q�2.0111, 1012.0112, 1012.02/2, 1012.42/3 1012.02/4, 1012.0215, 1012,02/6, 1D13.01/4, 1013.02/2, 1013.02/3, IOI3.02/4, 1014.0211, 1014.02/2, 1014.t72/3, 1014.02/4, 1014.03/2, 1014.03/3, 1014.03/4, 1014.0315, IOI4.03/6, 10I4.0317,1Q15/2,1�15/3,1015/5,1�16/1,1016/2,1017/1,1017/2,1O1713, 101$11,141812, i02�11, 1020/2, 1021, 6, r021/7, 1023.O111, 1Q23.0112, 1023.0113, 1023.01/4, 1423.02/4, 1023.02/5, 1024.01/�, 1024.01/5, 1024.0116, 14251�, 102512, 1025/3, 1025/4, 1025/5, 1025/6, 1026/4, 102616, 1026/7, 1026/8 1027/1, 1027/2, 1028/1, 1029/1, 1029/2, 1029/3, I030/1, 1030/2, 1030/3, 1031/1, 1032/1, 1433/1, 143312, IQ3313, 1033/4, 1034/1, 1034/2, 1034f3, 1035/1, 103512, I035/3, 1035/4, 1035/5, J.a35/G, 103517, 1036,QI/1, 1036.01/2, 1036.Q1/3, 1036.Q1/4, 1036.02/2, 1037.OI/1, 1037.01/2, 1037.01/3, 1037.01/4, 1037.0211, 1037.02/2, 1037.0213, 1038/1, �038/2, 1Q3813, 103S/4, 1Q38/5, 103816, 1039/1, 103912, 1039/3, 1040/1, 1040/2, 1Q40/3, I041/i, 104112, I041/3, 1041/4, 1041/5, 1041/6, 1042.02/5, 1043/2, 1043/3, 1043/�, 1043/5, I044II, 1044/3, 10A�4/4, 104417, 1045.01/1, 1p45.0112, 1045.01/3, ].045.0114, 1045.0�/5, 1045.01/6, 1�45.01/7, 1045.01/8, 1045.02/1, 1045.0212, 1�45.02/3, 1045.03/1, 1045.03/2, 1046.0112, 1046.0113, IQ46.01/4, 1046.01/5, 104G.02/1, 1046.02/2, 1046.02/3, 1046.02/4, 1046.0311, 1046.0312, I046.03/3, ] 046.04�/1, 1046.04/2, 104b.04/3, 1046.05/3, 1046.05/5, 1047/1, 10�7I2, 104713, 104714, 1047/5, 1047/6 1048.0111, 1048.0112, 1048.01/3, 10�8.01/4, 1048.01/5, 1048.d1/6, 1048.01/7, 104$.Q1/8, 1048.�2/1, 1048.02/2, 1048.42/3, 1448.02/�, �Q50.01/1, 1050.01/2, lO5Q.41/3, 1050.01/4, 1Q50.01/5, 1050.QS/2, I050.46/1, 1050.06J2, I051/5, 1052.0111, 1052.Q1/2, 1052,41/4, 1052.0211, 1052.d212, 1053/1, 1055.02/1, IOS5.0218, T055.05/1, 105612, 1057.03/3, 1OS811, 1�58/2, 105815, 1059/2, 1059/3, 1059/5, 1060.01/�, 1060.02/1, 106�.04/2, 1061.01/2, 1061.02/, 1061.0212, 1Q62.p1/1, 1062,0112, 1062.a1/3, I062,01/4, 1062.02/1, �062,0212, 1062.Q2/3, 1062.02/4, 1063/2, l Q63/3, 1064/1, 1064/2, 1065.03/3, 10G5.06/2, 1065/0613, 1065.06/�4, 1065,OSf2, 1065.08/4, lOG5.09/1, 1a65.101�, 1065/1114, lOG5.12/2, 1066/1, 1105/4, 1110.07/4, l I13/01/2, 1135.D617,1141.01/4 3. Applicability to Bnsinesses: Businesses vahich are at least �fty-one percent (51%) owned by socially ar economieally disadvantaged persons who reside in the Section 3 covez-ed area and wk�ich qualify as small businesses under the standards of the Small Business Administ�ration are eligi�le for #he benefits of Section 3. 4. Atat�licabilitv to Individuals: Azxy person who resides in the Section 3 covered area and whose family income daes not exceed eighty percent (SO%) of tk�e median income in the Dallas-Fort �Torth Staz�.dard Metropo�itaxi 11 ,� r Cify of Fort Wa�-th Affirmative Aciion Plan Statistical Area may be designated as a"lower income person". Section 3 is intended to benefit such individuals througl7 emplayment and traaning opportunities. I ., 12 f , 6 City oi Fort Wort�i A�rmative Actian Plan r- - - - . � . ' ' ' ' ' ' ' ' ' ' ` ' a � - - ' - ' - - - - - - - - - - - - - - - - - q � PA�tT ��I: �HilJC��C'�'��1�1 �lE�" C'on[ractors .�i1�iD �'1:�1��5 � 1. Procedures AlI contractaxs will provide a completed copy af Attachment D, "Statement of Release", prior to signing any contract �ax a project using CDBG inonies. Each Contracior selected will be bound by Section 3 rec�uirements, including the subz�nission of a�l relevant documentation required by this plan. Contractors will be held responsible for the Section 3 activities of their subcontractors. When competitive bids are solicited, the contz-aetor will notify bidders of Section 3 requirements. Each contractor �vill rnake a good faith et'fort to issue in�itations to bid to Section 3 covered businesses an.d to use local and minority media to advertise contx-actua] opportunities. H&HS wiZl review proposed Contractors and vendors to ascertain their eligibility to receive CDBG fiinds, based on prior and future assured caxnpliance with �ection 3. Contracts which are typically let on a negotiated basis in nor�-Section 3 covered areas will be Iet on a negotiated basis in Sectzon 3 cavered areas, if feasible. 2. Sources faz Locafiin� Seciian 3 Covered Businesses: The City operaies tlle Minority/ Women Business Enterprise (M/WBE) o�fice to assist in the location aa�d certifiea�ion of Saction 3 covered bu�inesses and to inform such busznesses of bidding opportunities �ar City coii�racts. Lists of �ection 3 co vered businesses area also a�ailable from the Fart Wo�th Regional IiUD Office, the Small Business Administration and ather sixz�ilar agencies. Any businass wishing to qualify as a�ection 3 covered business will be gi.ven the opportunity to file a Self Certification form (Attachmeni B} with the M/WBE office and al] CDBG contractors are encouraged to seek the assistance of that office, should any question ar�se. IAGM will notify the Minority/ Womer� Business Enterprise office af its pendi�lg contract�al ac�ivities so thai Section 3 covered businesses may be notified, 3. Reauzxed Contract Clauses: +CFR 2� � 13 S.3 $ In the event a CDBG Contractor wishes to subcontraci anv nortion of a nroiect utilzzin� CDBG monies, th� wntten nrior annroval o#� TAGM must be obta�ined. Furthermore, the following paragraphs must be includ�d in each subcontract: 13 City of Fort Worth ��rmatave Actaon 1'lan A. The wark to be per%rnned under this Cont�act is subject to the requirements of section 3 of the Housing and Urban Development Act of 196$, as amended 12 U.S.C. 1701� {section 3). The purpose o� section 3 is to ensure that emplayz�ent and other economic opportunities generatecl by IIUD assistance or HUD-assisted pro�ects covered by section 3, shall, to the greatest extent feasible, be directed to Iow- and vezy low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parfiies of this Contract ag�ree ta comply with I-�CTD's regulations ir� 24 CFR �art 135, which implemeilt section 3. As evidenced by their execution of this contract, the paxties to this contract certify that they arc uzider na contractual or other impediment tl�at wou�d prevent them fram complying with the part 135 regulations. C. The Contractor agrees to send to each labor organization or represez�tative of vvorkers with which the contractor has a collective bargaining agreemeni or other understanding, if � any, a nvtice advising the labar organization ar workers' representative of the coniractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the wark site where both employees and applicants for trairting and emplayirz�.ent ' p�sitians car� see the notice: The notice shall describe the section preference, shall set , forth �ninimum numbez a�d job titles subject ta hire, availability af apprenticeship and training positions, th� qualif cations for each; and the anticipated date the work shall � begin. D. The caniracior agrees tfl include this Sec�ian 3 clause in every su�confiract subject ta compliance with regulations i.n 24 GFRpart 135, and agrees to take appropxiate action, as � grovided in aai app�icable provision of the subcontract or in this section 3 clause, upon a . f�nding that t11e subcontractar is in violation of the regulations in 24 CFR part 135. The contractar will not subcontract vvith any subcontractor whe�e the contractor has natice ar ' knawledge that ihe subcon�tractor has been �ound in violatiQn of the regulatians i�a 2� CFR part 135. ' E. The Contractor will certify that any vacant ernployment positions, inclucling the traitlin� �OSl$lOriS, that are fzlled {1) after thE cantractor is selected but before �he contract ¢s �xecuted, a�d (2) witl� persons ather than those. ta whom the regulatio�s of 24 CFR part � 135 require employment opportunities to be directed, were not filled to circumvent ihe contractar's obligations under 24 CF�t part 135. �i. Naz�compliance with HUU's regulations in 24 CFR part 13 S rnay result in sanctions, tern�ination o� this contract for deiault, and debarment or suspension from future �IUD , assisted �ontracts. G. With respect to wark performed in connection with section 3 covered Indiaa� housing 14 City of Fort Worth Affir�a�ative Actior� Plan assistan.ce, section 7{b) of the Tndian Self-Detez-�xain�.tion and Education Assistance Act (25 U.S.C. 450e) aFso applies to th� wark to be p�rformed under �his contract. Section 7{b) requirEs that to th.e gxeaxest extenf feasible (n preference and appartunzties for trairung and employmeni shaIl be given ta Tandiaz�s, and (ii) preference in the award of contract� and subcantz-acts shall be given to Indian organizations azad Indian-owned Economic Enterprises, Parties io this contract that are subject to the provisions of section 3 and section 7(b} agree to camply with section 3 to the maximum extent feasible, bui not in dexogation of complianc� with section 7(b). �-- -�'AR�I` li�� L�IiR�1hG� TRr�II4�'.F� ,A�i� ��M.��}'Y�C�_ _ �� 1. Pracedures; All contractors w:ill provide a completed copy of Attachment E, "Pretiminary Statement- Wark Force Needs", priar to signing any coniraci for a project using CDBG monies. The Contractor will specify the maximum number of t�rain.ees wh�ch can reasonably be used on the CDBG �roject, unless the accupational category is subj ect ta a ratio set by the Secretary of Labor. This information will be reviewed by IAGM to ascertain the current and projected use of S�ction 3 covered individuals. �hould the Contractor wish to hire trainees �or a CDBG assisied project, lower income individuals will be used to the g�-eates# extent feasible in the variaus training categories. All vacant trainee positions should be �"illed with lower inco�ne individuals, if at all possible. Only after a good faith effort ta place iower income individuals in vacant trainee positions has been made wi.lI the Coniractox use nan-Section 3 covered individual� as frainees. Should the Co��tractar need ta hire already trained ernployees, similar preference will be given ta c�ualified lower income ind'zviduals wl�o apply far those positions. For eacl� oc�upational category in which vaeancies exist, the contractar will set a realistic goal for �ie number of lower income ind'zviduals to be hired. The Contraciox will make a goad faith effort tv see that such goals are met. Ta the greatesi extEnt feasible, the Contractar will use Iower incorne individuals as CDBG proj eet emp�oyees, (Any Contractor wluch f�lls vacani employment pasitions irnznediately prior to starting a CDBG prdject will be required to show that its actions were nat an atiempt to circumvent Section 3 requiremanYs.) When a lower incorne indivi�ual applies, eitl�ex an their own initiative ar on re�ez�ral from any source, the Contractar will review his/her qualifications and hire the individual if his/her 15 � City of For# Worth A�rmative Actzo� Plan qualificatians are satisfactory ar�d the Contractor has an op�ning. If the Contractor does not have an opening, the individual wi11 l�e listed for the firsi available openiug. If applicant quali��cations are equa'l, s�rn�er ineaxn� �ers�ns ��iI1 be given �reference in hiring. An exception will be made when a Section 3 covered project must also me�t the requirements of Executi�� Order 11246. In ihis case, when qualifications are equal, minority persans will be given fiarst preference iri l�z�ing. The City wi11 require applicant� claiming �o be lower income to state their � �arnily income at the time of application. 2. Good Faith Efforts: � A Con�ractnr may show good faith effarts to hire lower income individuals by: (1) confirming with the Department ofHousiang a�id Urban Developrnent's Regional ' Administrator, Axea Of�iee Director, or FHA Insuring Office Director, �iie geo�apliical Section 3 covexed area far the Contractor's specific project; and � (2) using local media, project area comm�znity organizations, local public and pri�ate . ii� stituiions, and/ar sigr�s placed at the proposed proj ect site to r�cx-ciit lower income , applicants far training and ernployment posiiions wiih the project. . . L - - - �Al�'�� 11+� �'�114'fP3 �:I�INC L+; �J�lll C`�1��;�1.��.�iC�S- - - � Monitorin� of R�auire�nnents: IAGM will moni�or the eFforts t�f its cc�ntractors i:o aclue�+� the puipose of Section 3 in two ' pri�nary ways. First, ihe documentation required of CDBG Contractors will be examined to determine if good faith �fforts are being made to comply wiih Section 3 req�ixements. Any o�vious omissions ar improper aciions will be questioned and the manner in •which coznpliance can be documented will be determined by IAGM. Next, IAGM will conduct on site zeviews to assure that : any estirnates ar projected figures �fo�r training and employment have been achieved to the best of the Contractor's ability. If a high percentage of the employees o�, and subcontractors far, a program rrieet Section 3 standards, tt�e goad faiih eif'arks of the Contractar will be assumed. ; If compliance prnblems are discovered IAGM will encourage the Contractar to r�solve them. Tf this informal persuasion shauld fail IAGM may request that sanctions (as specified below) be applied. , 2. Grievance Procedures: Any person or business rz�.eeting the definitianal standards of Section 3 may personally, or by .- � representative, pursue the grievance procedures outlined here. 16 Ciiy of Fort Worth A�rmative Actian Plan Info�.al compla.ints should be directed to TAGM for inve�tigation of its Contractor's compliance, ar ta fhe Contractor for investigation of tkxe subcontractor's compliance. IAGM Contractors �ill nati�y IAGM of all informal complaints they receive. If the con7�laint is faund �alid, L4GM will rnake an effort to secure Sectian 3 compliance through c�onferences, persuasion and/ar mediation. A writ�en notice specifying the exact nature af tlae non-compliance will b� issued to the nan-coznplying pariy. The nntice will recommend speciiic action ta corxect the non- compliance and specify a time limit for doing so. Continued non-campliance may result in the application of the �anctions listed below. If the complainant is not satis�ied with ihe inforrnal co�nplaint procedure, or its outcome, a formaI grievance may be filed, The grievance should be in writing and include: (Ij t1�e name and address of the g�rievant; (2) the name and address of the grievant's business, if appizcable; (2) the naine and address of the City, Contractor, or Subcontractor {hereafter called "respondent"); (4} a des�riptian of the acts or omissions giving rise to the grievan.ce; and (5) the corrective actzon saught. The grievance skaauld be signed by tl�e �rie�ant �d z�riailed to Program Operations Divisian, Department of Housing and Urbazi Deve�opment, Fort Worth Regional Office, PO Box 2905, Fort Wvrth, Texas, 76113-2905; ar Assistant Seczetazy for Equal Opportunity, Departnnent of Housing and Urban Develaprnent, Washington, DC 20410. A grievanc� must be filed no later than ninety (40} days frozn the date of t�ie action (or omission} upon which it is based. The nzne for filing may be extended by the Secretary of Housing aaid Urban Develapment, if good cause is shown. Upan receipt of a grievai�ce by the Secr�tary, a copy of it wi11 he fiamished to the respondent. The Secretary vvill can.duct an investigatinn and wzll gi�e vvritten notice ta bath the grievant and respondeni as to th� decision reached. The grievance may be dismissed or sanctions may be applied, __ as appzap�ia#e, Sanctions: Failure or refusal to compiy with ar give satisfactory assurances of future compliance wzth th� requirements of �ection 3 shall be the proper basis far applying sanctions. Any or all of the following actions may be taken, as apprapriate: cancellation, iermination, ar suspension in whole or i� part of the contract or agreern.ent; determination af ineligibility or debarment fram any iurther assistance or cantracts under this pragram until satisfactory a�surance of future compliance has been received; referral tQ the Department o�'Justice for appropriate legal proceedings, 17 City of Fart Worth �,�rma�ive }Ictior� Plan Minority/ Women Business Enterprise It is the policy af the City of Fort Worth to involve Minority/ Wamen Business Enterprises in all phases of iis procurement practices aa�d to provide them equal opportunities to compete for coniracts for canstruction, professional sezvices, purchases af equiprnent and supplies, and prflvision of other services required by the City. '�he �icy �perates the 1'�inoritiyi �Vom�n Business Enterp�ise (M/WBE) office to assist in the Iocation and certificaiion of Sectzon 3 covered businesses. A�ist of M/WBE bu�inesses that have been certi�ied by the City ofFart 'Worth will be provided to you upon request. If you need to secure services or supplies, please contact tk�e City's MIVVBE af�ce: CITY 0�' FORT WORTH MIWBE OFFICE �1000 THROCKPVIORT�N F'ORT WORTH, TX 76� 02 �81� 7) $i1-51 U4 � � �� J. � ,;. 1� C:IDOCLTM�IYTS ANU SETTIIVC*�1GAK7AANDIMY UOCUMENTS'Vhf�i1]RBA'S DOC FILE5IUPARI� 5Y�C515ECTION 3-AFFTRMA'1 NE ACTID7+1 PL.AN UPAI2A.DpC f ,� ,r k 7 � i � 0 aL City of Fort i�arfh Af�rmative Action f'lan SECTION 3 ATTACHMENTS �lease Complete and Return Within Seven (ij �Days 5/00 1� C:IDOCUMENTS AI�li) S�TTING4i'IGAAZi1AIVD1IvlY DOCUMENT5'�r�NDiLEA'S DQC FILESIUPAKR SI'�c;S«�CT1U1V 3-AFFTKMAI'IVL ACTION PLAN UPARR.DOC i � � i- city o� Fort worth ��rmative Aetion Plan ATTACHMENT B �_F_.i.F-CERTIFICATION FORM SOCIAL�.Y OR ECONUli7ICALL�C DISAllVAIYTAGED BusinesslAgency Name: Addre�s: Zip Code I am a member of the %llQwing.rninority group: �Circle One) B1ack American Indian/ Asianl Alaskan Native Pacific �s�anciex I own at least S1 percent of the above busiiless: Date: Signature: Spanish- Other(Specify) �urtiamed Title: ,� SELF-CERT�FICATTON FORM NON-PROFIT ORGAlV7ZATION This arganization is a n.on-profit arganization. BusinesslAgency Name: Address: 7ip Code Date: �i ,nature: Title: �3-1 �� C:IDOCUMENTS AND SETTINGSIGARZAAIVDIMY DQCUMENTSIAI+�DkEA'S DO� FIL�S�UYAI�R 5PEC51SEC:TIt)iv .5-AFFIRMA"I'IVE ACTIOTI PLAN iJPARR.DQC City of Fort 'Worth ATTACHMENT D Statem�nt of Release Af'firfnative Action Plan ? I will nc�t subcantract any work in connection �3�ith this project uz�.less I first receive ihe prioz w.ritxen appraval of the Fiscal Services Department, ].xztergo�ernrnenl.a� A.k�airs ana Grants Managemez�t Division of the City oFFort Warth, Business/Agency Name: ' Typ� of Busianess/Orga,nizatian: , , Address: � �Street) . � {City) (State) � , Signature; " Title: D-1 , (Zip} ' �� C:IDOCUMEN7'S ANB SETTING5IGARZAANDUviY DOCUMENTSIANDREA'S DdC FfLESI[�PAltR �YEC:515ECT10]V 3-�!r'FIRMATNE � ACTION FLAN UPARR.130C � lPl�+ ]G�M[IN��I S�'�i.'I'�+ MEN'�I' �WOI� FO�tCE 1lT�EEDS ATTAGHMENT E Con�ractflr's Name: Address: Date: �mployment Classificatian (�CCIUPIED PEP`MANENT POSITIONS VA�'�NT P��l�'��INS*'� "Y'O'��L i MINORiTY* T'OTAL MIl�TORITY* r��ii�iu�ty CC��*15TRU�CTION: Male Feznale Male Female Male Female Male Female - Black � - Spanash-Ar.l�rican Fozez�a.en - Axz�erican Indian/ i � Alaska� Native Journevmen � - Asian/Pacific An�rentices i rslander Laborers **Shovcr Section 3 goals for lower incozne, Total lines. GRAND TOTAL SUBMITTE� BY TI'TT.R C:IDOCUh�f�,NTS AND SETTINGSIGARZAANDWIY AOCUMENTSIANDREA'S DOC FILESIUPARR SPEC5ISECTION 3-AFFIRFviATNE ACTIDAI PLAN UPARR.DOC 22 s� I _� STATEMENT QF POLICY ON EQUAL EMPLOYMENT OPPORTLJN.ITY Tt will be the policy of this firm ta nat discriminate against any applicant far erriployment, or any ernployee, because of race, creed, color, age, sex, or naturaI origin. This �rm will insure that this policy is continually enforced with regard to employment, promation, upgra.dang, dernotion, transf�r, recruitment, and recruitmen� advertising, lay a#'f and terminatzon, compen�ation, trauung, and warking coilditions. We wi11 make it understood by all with whom we deal, and in all our emplayment opportanity announcements i�at the foregoing is our policy. AlI applicants and employees �vi11 be judged �olely an the basis oftheir ski1l, devation loyalty, reliability az�d integrity. Company Name �. , �ignature 23 EFFECTIVE APRIL 1, 199Q DEPARTMEN`T OF �iOUSTNG AND URBAN ]�EVELOPMENT CONTRACT REQUIFtEMENTS ConCractor agrees to comply wa.th �.he requirements of �he Housing and Urban Development Act o� 1468, as amend�d, and with the regulations promulgatEd thereund�r. 5pecifi�al7.y, Contractor shall camply with the following Acts and Qrders and their regulatians: 1. EKECUTIVE ORDER 11246, EQUAL OPFOR'I'UNITY CLAUSE; SECTION 202 During the performance of this Cantract, the Con�ractor agrees as follows: a. The Contzactor will not ciascriminate against any employee or applicant tor emp�ayment because of race, ca7or, religion, sax ox na�ional origin. '�'he Con�ractor will take affirmative action to ensure that ap'plicants axe employ�d and that emp�oyees are treated during employment wi�hout regard to their race, color, religion, sex or natioraal origin. Such action shall �nclude, but nat be limited to, the following: employment; upgradzng; demotio�n or transfer; recruitment or recruitment adverta.sing; la�off or terminatioz�; raCes of pa}r or ather forms o� eompensation; and selectipn for training� including apprenta.ceship. The Cantxac�ar agrees to past in conspicuous glaces, available to employees and applicants for employment, notices setting fo�th �he provisions of �.�iis nondiscrimination clause. b. Tl�e Contractor will, in a15. solicitations ox advertisernents for employees placed by ox on behalf of the Cantractor, sta�e �liat all quali�ied applicants wi11. reeeive consideration for emplaymen� without regard �o race, color, religion, aex or natiana�. origin. c. '.['he Contractoz will send to each labor vnion ar representative of workers, with which it has a collective bazgaining agreement or other contract or und.erstanding, a notice advising the said labor union or workers' representatives of the Con.tractor's commitment under this sec�ion, and shall post capies of the nota.ce in Conspicuous places available to employees and applicant� for employmen�. d. The Con�ractor wi1� comply with all pxovisions of �cecutive brder 11Z46 of 5epte�nber 24, 1965, and with the rules, ��gulaCidns and relevan� orders of the Secretary of i,abor. e. The Con.tractor wi11 furnish al�. a.ntormation and reports reguized b�r Executa.ve Order 11246 of Septetnber 24, 1965, and by rules, regulations an.d orders of the Secretary of Labor� ar pursuaz�t �hereto, and wil� permit access to its boaks, records and aceounts by the Depar�ment of Houszng and i7rban ��'v�eloprnent {"the Department'� ) and the 5ecretary of Labor for purposes of investigatiazz �o ascertain compliarice with such rules, ��gulations and orders. f. In t]Fie �vent of the Con�ra�tor's nancampYiance with the nondis�rimination clauses of �his Contract or with any o� t7ie said rules, x'egulations ar orders, this Con�ract may be canceled, terminatec3 or suspended a.n whole or in paxt and the Contractor may iae declared ineli.gible far fuxther go-�rernment contracts in accordance with pxoc�dures authorized in Executive Order 11246 af September 24, 1965, or by rule, x�gulatian or order of the Secretary of Labax, ar as otherwise p�'ovided by Iaw. g. The Contractor will include the s�ntence immediately preceding Paragraph a and the provisions of Paragraphs a through g in every subcontzact or purchase order unless exempted by rules, regulations ar ord�rs of the -24- Secretary af Labor issued pursuant tq 5ection 2Q4 of Executive Ordex 1�246 nt 5eptember 24, �955, so �hat s�ch provisions will be binding upan each subcontractor or vendor. The Contractor will take such a�tian with resp�ct �o any subcontract or purc�ase ard�r as �he Department may direc� as a means of enforcing such provisions, ancluding sanctiong fnr noncompliance. Provided, however, that, in the event the Contrac�or becames involved �n ar is threatened with litigation with a subcantractor ax vendor as a result of such diz�ctaon by the Department, the Contractor may reques� the United States to enter inta such litigation �o pro�ect the interest of the Uni�ed 5�ates. h. The Cantrae�or shall submit a certi�icatian an.d shall require each of itis subcontractors to submi� a certification that all faeiliti�s provid�d for �mployees of Contractor or any subcontractar shall be fully integrated, and Con�ractor shall not pezmit its employees to perform their services in any locations under its control where segragat�d facilities are main- tained. i. The Contiractor and each subcantractor shall perm�t access during normal business hours to its premises for the purpase of canduc�ing on-site compliance revi�ws and for inspecting and copying such books, records, accounts and other material as may be �ertinent to compliance with the qrder and the rules and regulations promulga�ed pursuant thereto by the City. zn�orma�ion obtaine.d an thia manner sha11 ba used only in connection with the administration o� the Order, the administration o� th� Civ�1 Rights Act of 1964 (as amended) and in furtiherance of the purposes of the Order and the Act. 2_ AFFIRMATTV� �CTTON ACTS a. In perfarmanee of alZ contracts, the Cont�actar will comply with the Affirmative Action Guidelines of Executive Order 11246 and th� imZalement- ing regulations and documents thereof. b. In performanc� of all contracts in the amount o� $10,040 or more: Contractor will comp�y with Section 3 af the Housing and Urban Deve�apment Act o� 1968, ae amended, 12 U.S.C. �70�u, and �he implementing regulations and documents and shall have on file a wrritten a£�irma�iv� action policy, which has the stated work force goals af 18.2� minority persons and 6.9� females, and must follow th� hiring practices specified in Subaection C, below. Additionally, Contractor agrees to the following �rovisions: (1} The work �o be performed under this Contract is on a project assisted und�r a program providing direct F�deral financial assistance from the Departmen� of Housing and Urban Development and is su}�ject to the requirements of Section 3 af the Housing and Urban Development Act o� 1968, as amended, 12 U.S.C. 1701u. Sec�ion 3 requires that, to the grea�est ex�ent feasible, opportunitaes �or tra�ning and employment are given ta lower income resident5 of the project area and contracts for work in connect�on with �he project are awarded to business concerns whi�h are located in or owned in subs�an�ial part by persons residang in �he area of the project. {�} The parties ta t�is Con�rac� will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by �he Secretary of Housing and Urban Dev�lopmen� set forth in 24 CFR �35 and a1� applicable rules and orders af the bepar�ment issued thereunder prior ta the ex�cution of this Contract. The par�ies to this contrac� certify and agree that they are under no cantractual or other disability which wauld prevent the� ��om complying with these requirements. -25- � ,� i� � (3) The Contrac�or w�.11 send to each �abor organization or representa-- tive of worke�s with which he has a collective bargaining agreement or ather contract or understanding, if any, a notice advising the said labor organization ar wo�]�ers' representative o� his commit- ments uncl.er this Section 3 cZause and shall post copaes ot �he notice in conspicuous places availab�.e to emplayees and applican�s �o� employment or training. (4) The Contrac�or will inc�ud� this Section 3 clause in every subaon- tract far work in connection with Che project and will, ati the direction of the applicant for o�r r�cipiant of Federal �inancial assistance, take appropriate action pu�suant to tihe sul�contract upon a findizzg �hat the subcontrac�o� is in violation of regulations issuec3 by the Secretary of Housing and Urban Developmen� as se� forth in 24 CFR 135. The Con�ractor will no� s'ubContract with any su}�contractor where it has notice or knowledge tha� the latter has been found in viaiation of regulations under 24 CFR ].35 and will not �.et any subcontract unZess the subcantractor has first pxovid�d it witl� a preliminary sta�ement of ability to comply with the zequi�e-- ments of �hese zegulatzans. {5} Cnmpliance wi�h the provisions of Sectior� 3, th.e regalak.ic�ns set �orth in 24 CFR 135, and all applicable rules and ozders of L`he Depar�ment issued ther�:under prior to the execution of the Cont�ac� shall be a conditian of the Federal financi,al. assistance provided to the project, binding upon the applicant or recipien� for such assistance, its successo"rs and �ssigns. Failure ta fulfill these requir�ments shall subjec� the applicant or recipient, its con.trac- tars and subcontractors, its successors and assigns, to thos� sanetions specified by the grant, loan' a�reemen� or contract through which Federal assistance is pro^�rided and to such 5anc�ions as are specifi�d by 24 CFR 135. c. Tn �erformance of all contracts in the amount of $50,000 or more, and , where the Contractor employs maxe than twenty-five non-canstruction employees, the Cantractor must promulgate a specific affzx�matiue action i plan, and mus� take specifi.c aPfirmative actiorx �o ensure equal employment opportunities. Contractor sha�� implement af�i.rmati�tre action steps a� � least as extensive as �.he followirsg: (1} Ensure and maintain a warking environment free of harassment, ' intimida�ion and coercion at all sites and in all faci].a.ties a't which tkie Contractor's employeeg are assigned ta work. The ' Contractor sYtall speeifically ensure that all foremen, superintezx- dents and other on-site supervisoxy personnel are aware of and are carrying out the Con�ractor's obligations to maintain such a working environment, with specific attentiori ta minority and female � individuals ,working at such sites or in such facilities. 'The . Contractor, where possib�e, wi�.� assign two ar more women to each cons�ruction project. (2) Establish and maintain a eurrent Iist o� minority and female , recruitment souxces and provide writ�en notificatian ta minarity and female recruitment 5ources and to commuan.�.ty organizations when the � Contractor ar its unions have employment opgortunities available, az�d maintain a recoxd o� the organiza�ions' respon�.s�s. (3} Maintain a current file of the namea, addresses and telephone � nutnbers of each minarity and �emale off-street agplicazl� and minori�.y or female xaferral from a union, a recruitment source or communi�y organization and of what action was taken with respect to -26- each such individual. I£ such individual was sen� �o �he union hiring hall for referra3 and was not referred back to the Contrac�ar by the union or, if referred, not employed by the Contractar, this shall be documented in tihe file with the reason therefore, along wi�h whatever additianal actaons th� con�rac�or may have takan. {4) Provide imm�diate written notification to the City when the unao� ar unions with which the Contractor has a collective bargaining agreement have not referred to the Contractor a�inority person ar woman senr by the Contractor, or when th� Contractor has o�her informat�on that �he union referral process has amp�d�d the Contractor's e£forts to meet irs obligations. (5) Devexop on-the-job training opportunitiEs and/or par�icipate in training programs for �he areas which expressly include minorities and women, including upgrading �ragrams and apprenticeships and trainee programs relevant to the Cantractor's emplayment needs, especially thos� prograrns funded or approved by the D�partmen� of Labor. The Contractor shall provide no�ice of these programs to the saurces compiled under subsection (2} �b�ve_ (5} �isseminate the Contractox�s ��0 policy by prnviding notice of the policy �o unions and training pzograms and requesting their cooperation in assisting the Contractor in m�eting its EEO obliga- tions; by �nclu�ing i� in any policy manual and collective bargain- ing agreement; by pub�icizing it in the company newspapez or annual repor�; by specific review of the policy with all management personn�l and with alI minority and female employees at least once a year; and by pos�ing �he company EEO po�icy on bulletin boards accessib�e to all emp�ay�es at each location where construction work is pertormed. (7) Review, a� least annually, the company's �EO policy and affirmative action obliga�ions under these specifications with all ernployees having any r�sponsibility for hiring, assignment, lay-ofif, tiermina- tion or other employmen� decision, including spec�fic review of th�se items with on-site sup�rvisor� persannel, such as superinten- dents and general foremen, prior to the initiiation of constructian work at any job si�e. A written record shal� be made and maintained identifying khe name and place of these meetings, persons aC�ending, subjec� matter discussed and dzsposition of tha subject matter. (8} Disseminate the Co�tractor's EE4 poliey external�y by including highligh�s of it in any advertising in �he n�ws media, speci�ically including minarity and female news med�a, and providing written notification to, and discussing the Contractor�s E�0 polic� with, other contractors and subcontractors with whom the Contractor does or an�icipates doing business. {9) Direct its xecruitmenti efforts, both oral and written, to minority, �emale and community o�ganiza�ians, tio schools with minoxi�y and female students, and to minority and �emale recruitment and traa.n.ing organizations serving �he Contractor�s recruitmen� area and empZoyment needs. Not later than one month prior t� the da�e fnr the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notifica�ion to organizations such as the above, desc�ibing the openings, screening procedures and tests to be used in the selection procesa. -27- {10) �ncourage present minority and female emp�oyees �o recruit other m�nority persons and women and, where reasanable, provide after- school, summer and vacation em�layment to manority and fiemale youths, both on the site and in other area of the Contzactor's work force . (11) Validate all tests and o�her selection requirements where there is an obligation to do sa under 41 CFR, Part 6Q-3. (I2) Conduct, at Least annually, an inven.tary and evaluation of a11 minoxi�y and female p�rsonnel for promotional oppartunities and encourag� these employees to seek or to prepare fior, through appropriate �raining, such opportuna.ties. •� (13) Ensure that seniarity prac�ices, job classifica�ion�, 4;=ark assign- , ments and other personnel prac�ices da not have a discriminatory ' effect by continually manitoring ali personnel. and empioyment- related activi�ies to ensure that the �E0 policy and -the Contrac- �' tor's obligatians under these specifi�ationa are being carried out. (�4) Ensure �*hat all facilities and ��ompany activities are z�,on--segregated �xcept as sPparate or single-user toa�et and necessary changing faci.lities shall he provideci to assure privacy be�.ween the sexes. � (�.5) bocument and maintain a reCord of all solicitations for su]�contracts from minority. and female construction contractors and suppli�rs, � including circulata�ozi of solicitations to minority and female ,; c�ntractor associations and o�her business associations. { �6) Candu.ct a review, a�t least annu�all��, �f alI supervisoxs° adherence to and performance under the Contractoz"s �EO policy and af�a.x�ma�ive action obligations. , d. Th� L�sntractar shall clesic�nat� a respon�ibl� o.�ficial �o aioni�or all employment-related actavities ta ensure that the company EEO galicy is � being carried out, to submit xcpor�s relating to th� pravisiflns hereof as may be required by the City and to k��p recorcls of the same. �tecords for •- each employee sha11 at least include: the employee�s name; address; telephone nutnber; construc�ion trade; union affiliation, i� any; employee '' identi�ication number wb.ere assigned; social securi�y nu►t�er; race; sex; status; dates of changes in, sta�us; hours workad per week in the indicated ' tirade; rate ot' �ay; and loeations at which the work was performed. �pcprds shall be main�ained in an easily understandab].e and retrievable � SQiTTIi however, r_o the degree that exista.ng records satisfy this require- �ent, Can�ractor shal7. not be rec�uired to maintain separate records. 3. C.OPELr"1ND i�NTI-]CII:IC$ACK '�LCT . I�n any �c�ntract imvr�lcrina construction or repair, Contractor agrees �o co:�ply� and ��ha3.� rer�uire its su�contractors to comply, with the pravisinns of the ;; Copeland °Iin�i-Kickback Act" (18 U.S.C. 874}, as supplemented in I]epartment of Labor regulatioz�s (29 CFR Par't 3}. This Act provides that each Contractor or subgx�an�ee shall be prohibited from inducing, by any means, az�y persan employed in the construction, cample�ion or repair of public work ta give up any part o� ,� �he compensation to which he or skie is otherwise entitled; and, if found guilty of doing so, shall be finerl not more than $5, ODO or impra.soned not rr►ore than ti�rre - (5) years, or both. - 4. DAVxS-BACON ACT In an�r contract for construction in excess of $2,000: Contractor agrees to -2 S- eomply, and shall require its subco�txactors �o comply, with the provisians of the Davis-Bacon Act {40 U.S.C. 276a to a-7). This Act r�c�uires contractors to pay wages to �aborers and mechanics at a rate not Iess than the minimum wages specified in a wage determinat�on mad� by �he 5ecretary of Labor and to pay wages not less o�ten than once a week. Specifzca��y, Contractor agrees to comp�y wath the following D�par�ment of Labor regulatians (29 CFR Part 5}; a. Minimum Wages Al� laborers and mechanics employed or working upan the site o� the work performed puzsuan� to this contract will be paad unconditionally and no� less often than once a we�k, and withouC subsequ.ent deduction or rebat� on any accoun� (except such payroll deductions as are permitted by regula- tions issued by the Secretary of Labor under the Copeland Act?, the full amount of wages and banafide fringe benefits {or cash equ�va��nts th�reo�) due at �he time of paymen�, c4mputed at rates not less than those contained an the wage determination of said Secr��azy of Labor (which is a�tached hereto and made a par� hereof), regard�ess of any contractual relationship which may be alleged �o exist between the Contxactor and such laborers and mechanics. Contzibutions made nr costs reasonably anticipat- ed �or bonafide fringe benefits undex Sec�ion 1(�)(2) of the Davis-Sacon Act on behalf of laborers or mechanics are cansidered wages paid to such labarers or mechanics, subjec� �o the provisions af Paragxaph d o� this clause; also, regular contributions mad� or costs incurred for more than a weekly period under plans, funds or program whach occur the particular weekly period, are deemed to be constructively made ar incurred during such weekly period. Such laborers and mecnanics shall be paid t�e appropriate wag� rate and fringe benefits on the wage determination for the classifications of wo.rk actually perfor�ed withaut regard �o skill, e�cept as provided in the clause entitled "Apprentices and Trainees." Laborers ar mechanics performing work in more than one classificat�an may be compensated at the rate specified fo� �ach classification far the time actually worked therein; provided, that the employ�r's payroll records accura�ely set forth t�e time spenG in each classification in which work is perfa�med. The wage determinatian (including any additional classifi- catiions and wage rates canformed under Paragraph b of t�is clause) and the Davis-Bacon poster sha�l b� pos�ed at all times by the Contrac�or and its subcantrac�ors at the site of the wozk in a prominent and accessib�e p�ace where they can easily be seen by the warkexs. b. Emp�oyment of Laborers or Mechanics not listed in A�oxesaid Wage aetermination DeCisian {1) The City sha11 require that any class a£ �aborers or mechanics which is not listed zn the wag� determination and which is �o be employed under this Contract sha11 b� elassified in eonformance wath �he wage determ�nation. The City shall appxov� an add�tional c�assification and wage ra�e and fringe benefits therefare only when the following erite�ia have been met: (a) The work to be performed by t�e classifaca�ion requested is no� performed by a classification in the wage det�rmina�ion; (b) The classafication is utilized in the azea by �he construction industry; and (c) The pzoposed wage rate, including any bona�ide fringe bene� fits, bears a reasonable relationship to the wage rates con�ained in the wage det�rmination. -29- (2) If the Cantractor and the laborers and mechanics to be emplayed in the classi�ication or theix representatives and tihe City agree an the classification and wage rate, including the amount designated for fringe benef its, where appropriate, a report of the action tiaken shall �e sent by the City to the Administrator of the Wage and Hour Division, Empinyment sta�ndards Administra�ian, United 5tat�s D�partment af Labor. The Administra�or, or azz autharized represen- tatzve, will approve, modify or disapprove every additional classification act�on within 3a days or receipt a�d so advise the City ox will notify th� City within the 30�day period that addition- al time is necessary. 431 In the event the Con�ractor, the labarers or m�chanics to be employed in the classifica�inn, and the City do not ag�ee on the proposed cxassification and wage rate, including the amount �esigna�ed for tringe benefits, where appropriat�, the City shall refer the questions, including the reviews of aII intar�sted parties and the recommendations of the City, ta the Administratar far determination. The Administrator of the Wage and Hour Divisions, or an autho�ized repres�ntative, wi11 issue a determin�tion within 30 days af receipt and wi�� so advise the Caty ar will notify the City within the 30-day period t�at addi�ional time is necessary. (4) The wage rates d�t�rmined gursuant t� �he above proviszons shall be paid to all workers performing work zn �he classificatio� under this Contract frnm the fi�st day on which work is performed in the classification. c. Fringe Benefi�s Not Expressed as Hourly Wage Rates Whenev�r the minimum wage rate prescribed in this Contract for a class of laborers or mechanics i�cludes a fringe ben�tit which is no� e�ressed as an hourly rate, the Contractor shail either paX �he benefit as stated in th� wage determination or shall pay either banafide fringe bene�its or an hourly �ash equavalent the�eof. �. Antieipated Casts of Fringe Benefits If the Contractor does nat make pa�nents to a tzus�ee or third pe�son, he may consider as par� of tihe wages of any laborer or mechanic the amoun� of any coats raasonably anticipated in providing fringe benefi�s under a plan ' or pragram o� a tiype express�y listed in the wage determinatzon decision of the Secretary of Labor which as a part of this Contract, pzovided, ' howevex, the Secretary ot Labor has found, upon the vaz�tten request of the Contractorr tha� the applicabl� standards of the Davis-Sacon Ac� have been � ��. The Secre�ary of Labor may require the Con�ractor to set aside in a separate accoun� ass�ts far th� meeting of obligations under the plan or � program. A copy of any findings made by the Secretary of Labor witih rtspect �o fringe ��nefits being pxovided by the Contractor must be uubmitted to the City with �he first payxoll filed by the Contractox ; subsequent to receipt of t�e findings. e. Underpayments of Wages or Salaries The City sha�l, upon its own action or upon writtEn r�quest af an autharized repxesentative af the Department of Labar, withhold or cause to be withhel� fro� �he Contractar under this Contzact ar any pthez federal contract with the sam� prime Contractor� or any other �ederally-assisted contract subject to Davis-�acon prevail�ng wage req�irements which is heZd by the same prime Contractor, so rnuch of the accrued paym�nts or advances as may be consid�red neCessaxy to pay laborers and mechanics, including -30- apprentices, tzain�es and helpers emplayed by the Contzactar or any subcontractor, the £u11 amount o� wages required by this Contract. In the event of Contractor's fai�ure to properly pay any laborer or mechanic, including any apprentice, trainee or helper employed or working on the site of the wozk, �he City may, after written notice to the prime Contractor, take such actaon as may be necessary to cause a suspension o£ any �urther �ayment, advance or guarante� o� funds until such violatiflns have ceased, xhe amount so withheld may ba disbursed by the City, for and on account of the Contxac�or or the subcontractor, to th�ir respeetive laborers or mechanics to whqm th� same is clue or an their behalf to plans, funds oz programs for any type of fringe benefi� prescribed in applicable wage determ�,natzon. f, Payrolls and Ba�ic Payroll, Records of Cantractor and Subcon.txactors {1? Payral�s and basic records reZating to the wark perfarmed under the terms of this Cantxact shall be maintained by the Contractor during �he course of the work and preserved �or a period of three years thereaftez for all laborers and mechanics working a� the site of the work. Such records shall con�air�. the name, addreas and social security number of eacl� such worker, b.is or her correct cla5sifica- tion, haurly ra�e of �rages paid (including rates of con�ributions or costs anticipated for bonafide fringe benefits oa: cash �quivalents th�reof), rlaily and weekly number of hours worl�ed, deductians made, and actual �ages paid. Whenever the Secre�ary of La�or has £ound that th� wages of any laborer or mechanic include the amount af costs reasonably anticipated in providing benefits under a plan or program described by the Davis-Bacon Act, the Coz7tractor shall maintain records which shaw that the com�nitment to provide such benefits is enforceable, t�at the plaz�. or program is financially responsible, that the plan or program has been communicated in writin� to the laborers ax m�chanics affected, and the cos� anticipat�d or the actual costs incurzed in pro�sriding such benefits. Contractors employing apprentices or traa.n�es under approved programs shall maintain written e�ridence af the rega.stra�ion of app�entice.ship programs and certification of trainee progxams, the registration of �he apprenticeships and trainees, and the ratias axzd wage rates pxescribed in the applicable program. (2) (a) The Con�ractor sha11. submit weekly a copy of al�, payxolls to the City if the City is a party to �he Cantract, but if t�i.� City is z�.ot such a�arty, the Contrac�ar will suhmit the payrolls to the appl.icant, sponsor, or awne�, as the case may be, for transmission to the City. The payrol� submitted sk�a11 set out aceura�ely and co�npletely all o� the information �equired to he maintaizx�d under Paragraph (1) of this Section. �he inf�rmation shall be sulomitted in a form appxoved by �he City. �'h�: Contractor is responsi.b�.e for the submission or copie� of payrolls by all subcontractars. (b) Each payroll 5ubmitted sha�.l be accampanied by a"statemen� of compliance", signed by the Contractor or subcontractar or kzis or her agent who pays or supervises the paymen� of the persans employed under the Contract and shall certify the follovring: (i) That the payroll �ar the payroll p�riod contains the information requized to be maintained under Paragraph (1) af �.his Seetion and that such information is CDx'�'BCt. and complete; (ii) That each labore� ox mechanic employed on this Contract during the payroll periad has been paid the �u11 weekly -31- w�ges •arr�ed, sNithout xebate, �ithe� direct�y or indirect�y, and �hat no deductions have been made e�ther directly or indir�c�ly from the full wages earned, oth�r than permissible d�duc�ions. �.i i i) �hac ��h laborer or mechanic has been paid not less than tk�� applicable wage rates and fringe benefits ar �ash equiva7.en� for the classification of woxk p�r- ;�rmed, as specifa�d in the applicable wage determina- �t.ian incorporated into �his Contract_ � (c) �he falsificatian of any of the above certificatians may s�b3ect the Cvntractor or subcontraCtox to ci�sril or crimina7. prosecution under Sec. 1001 of Title XVIII and Sec. 231 of '�i�le XXXI o� the Uni�ed 5tates Code. (3) The Contractor or su.bcontractor shall make the records requa.�ed under Paragzaph (Ij of this section avaiZabl.� for inspection, copying, or transcription l7y the City or the Departm�nt of Labor�or their authorized representa�ives. The CoziCractor and sulacon�ractars shall pezmit such representatives to intez�riew ernp�oyees du�ing , woxleing hours an. �he jab. If the Contractor or subcon�ractor fails to submit the requir�d recori3s or ta malce them availab�e, the City , may, aft�r written notice to �he Contractor, take such actian, as may be necessary to cause the suspension of any furth�r payment, advance , or guarantee of fuz�ds. Furthermore, failure to submit the required records upon reguest or �o make such records available rt�ay be grounds for deharment action pLtrsuant to 29 CFR 5.12. g. Emplayment o� Appren�ices and Trainees • (1) A�prentices will be permir�ed to work at less than the predetermined rate for �he work they performed when they are employed pursuan� to and indivadually registered an a bonafide apprenticeship program registered with Che U.S. Departm�n� of Labor, �mploy�nent anc3 `' Trainang Administratiozi, Bureau of Appxez�.tice�hip and Training, or with a state apprentieeship agency recognized by the bureau, or if a '' person is emplo�ed in his or her first 94 days of probationary ' employment as an apprentice in such an. apprenticesh.a.p program, who � is not i.ndividually �egistered in tki� program, but who has been certaf�ed by the Bureau of Apprenticeship and Training or a Btate Apprentic�ship Agency to be eligible for pro}�atianary emp7.oymen� as a�^ �pprentace. The allowable ratid of appren�ices to jour�neymen on th� job site-in an� craft.classification sha�.l no� be greatez than the ratio permitted to the Contractor as to the entire wark fa�ce � under th� re istered ro ram. An em 10 ee listed on a 5 P g Y P y pa�rroll at ,�, an appremti.ceship wage rat�, who is not registiered or otherwise employed as stated above shall be paid not less than the applicabie wage rate on the wage determination £ox �he 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 no� Iess than th� applicable wage ra�e on the �� wage determination for the work actual].y performed. Where a Con�rac�or is p�rforming construction on a pzoject in a locality �� other than that in which its program is registered, the ratios and wage rates {expressed in �ercentages of �he journeyman's hourly � rate} speci�i�d in the �antrac�nr�s or subcon�ractor's xegistered prograrn shall be observed. Every apprentice must be paid at no less '' than the rate specified in the registered program for the appx�n- tice's level of progress, expxessed as a p�rcentiage of th,e journey- man hourly rate speeified in the applicabls wage determination. -32- Apprentices shall be paid fringe benefits in accordance with the px�visions of the appren�iceshi� �rogram. Tf the ap�ren�iceship pragram does not specify fxinge �enefits, apprentices must be paid the full amount of fringe benefits listed on the wage determinatzon �ar th� a�plicable classifieation. If the Administrator of the Wage and Hour Division determines that a di��e�ent prac�ice prevails for the applicab�� ap�rentice classi�ieation, fringes sha�l b� paid in accardance with that detezmi�at�an_ Zn the event the �ureau of Apprenticeship and Training, or a state apprenticeship agency recognized by the Sureau, withdraws approva� of an apprenticeship pragram, th� Contrac�or will no longer �e permitted to utilize apprentiees at less than the applicable predetermined ra�e for the wark perfarmea until an acceptable pragram is appraved. (2) Trainees. Except as provided in 29 CFR 5.16, traine�s wi11 not b� permi�tied to work at less than the predetermined rate for the work pertoxmed unless they are employed pursuant �o and individually registered in a program which has received prio� approval, �videnc�d by formal certification, by the U.S. Department of Labar, Empl�yment and Training Admznistration. The ratio of trainees to journeymen on the job si�e shall not be greater than permitted under the plan approved by th� Employm�nt and Training Administra�ion. Every trainee must be paid at not less than the xat� specified in the approved program f or the trainee's level of progress, expressed as a percentage af �he journeyman haurly rate specified in the applicable wage determinatian. m�ainees shal� b� paid �ringe benefits i� accordance with the �rovisions of the trainee pr.ogram. I£ the trainee p�ogram does na� mention fri�ge benefits, trainees shall be paid the full amaunt o� �ring� b�nefits lis�ed nn the wa�e de�ermination unless the administr.ator of the Wage and Hour Division dete�mines �ha� �here is an apprenticeship program associated with the corzesponding journeyman wage rate an the wage determination which provides for �ess than �u�� ringe benefits �or appren�ices. Any employee listed an the payroll at a traa.n�e rate who is no� xegzstered and participating in a training plan apprvved by the Employment and Training Adtninistration shall be paid not less than the applica�le wage rate on the wag� det�:rmination for the classifi- ca�ion of work actually performed. In addataon, any t�ainee pez�orming work on the job site ir� e�cess of the ratio permitted under the regist�red program shaZl be paid not less than the ap�licable wage rate on the wage determanata.on of the work ac�.ually pex�armed. Tn �.he even� the Employment and Training Adminkstrataarx withdraws approva� of a training pragram, the Contractor will no longer be permitted to uti.lize trainees a� less �han the applicable predetermined rate for work per£ormed uzlti� an acceptable program i� approved. {3} Equal Employtnez�t Opportunity. The u�ilization of apprentiees, trainees and journeymen under tI�as part skaall be in conformity with the equal employment opportunity requirements of Executive Order 1124&, as amen.ded, anci 29 CFR Part 30. h. Posting Wage Dete�minatiion Decisions and Authorized Wage Deductions The applicable wage poster of the 5ecretary of Labox, Unit�d Sta�es Department of Lahor, and the applicable wage determination decisian.s of said Secre�.ary of Labor with respect to the �crariaus classifications of laborers and rnechanics employed and to be employed upon the work coverec� lhy this Coz-atxact, and a s�atement showing all deductions, if any, to be made from wages actually earned by persons so employed or to be employed in such classifications, irz accordance with the provisions of tihis -33- � Cantiract, sl�all be posted at appropra.a�.� conspicuaus paints at th� si�e of wark. i. Claims an.d Disputes Pertaining �.o Wage Rates Claims and. disputes pertaining to wage rates or to the cl.assification of laborers and mechana.cs employed upon the work covered by this Cont�act r�haZl be promp�ly reported by �he Cantractor a.x� writiing to the City for r�zerral by the latter through the Secretary of Housing and Urhan Development to th� Secretary of Labor, Uni�ed States Depar�menti of Labor, whose deeision sha1� be final with respect �hereto. 5. COATTRACT W0121C HpURS AND 5AFETY STAI�I7ARD5 ACT Contractar will comply wath all pravisions of the Contract Wark Hours and ,�",afety 5tandards ACt (40 U.S.C. 327-332J, as supplemented by Department of Labor R�gulatians (29 CFR, Part 5). Specifically, Contractor will Comply with the followa.ng standards: � a. Overtime Campensation , No contractor or subcontrac�or contracting �or any part of the Coz�tract ? work wl�ach may require or i.nvolve the employmerzt of la}�orers or mechanics, „ including wa�chmen and guaxds, shall �equire ar permit an�r such laborer o� mechanic an any workweek in which he or she is employ�d on such work ta ., work in excess of 40 haurs in such workweek, unlsss such laborer or mechanic receives compensation at a rate not less than ane and one-hal� • times his or her basac rate af pay for a1.�. hours worked in excess of 40 hours in such workweek. b. Vi.o�ation:�Liability for Un�aid Wages: Liquida�ed Ilamages � Tn the event of any violation o� the clause set fort�i in Paragraph a of this section, the Con�ractor and any subcontractor responsible therefore shall be liable to any affectefl emplo�ree for his or her unpaa.d wages. In addita.on, such Contractor and subcontractoz sha11 be liable to the United States �or liquidated damages. Such liquidated damages shall be computed with respect to each individua�l laborer or mechanac in the sum of $10 for �ach calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without paym�nt o� t13e overtim� wages required by the clause set forth in Paragraph a af this sectian. c. Wit�holding for Unpaid Wages and Liquidated Damages The City sha�.l, upon its own action or upon written rec�uest of an l, au�horized representa�ive of the Departmex�t of Labor, withk�.old or cause to be wi�hheld from az�y mon.ies payable on account of work per�ozmEd by �.he . Contractor or subcon�ractor under any contxact or any other Federal contract with the same Contrac�or, or any otk�er Federaily-assi.sted �� contract subj�c�. �a the Contract Work Haurs and Sa�ety Standards Act, �vk�ich is held by the same prime Contractor, such sums as may administra- �� tively be determined to be necessary to satisfy any liabilities af such C�n�ractor or subcantractor for unpaid wages and liquidated damages as a� ,Qrovi.ded in Paragrapki b of this section. �. Subcontracts '' The ContracCor shall insert iza aIl su�cantracts the clause� set �or�h in Paragraphs a, b, and c of this Section and also a c�ause requiring the sul�con�ractors ta in.clude these clauses in any lower ta.�:r subcontzacts -34- which they may enter into, tagether with a clause requiring this ins�rtion in any furth�r subcontracts that may in �urn be made. The pxime Con�ractor sha�1 be responsible for comp�iance by any subcontractor ox lawer tier �ubcontractar with �he provisions set for�h in �his section. 6. CHILD IaABOR ACT Contractar �nr�7.1 comply with the Child Labor provisions of the Fair Labor S�andards Act, 29 U.S.C. 212-319 and tk�at Ae��s implementing regulatians, found at 29 CFR 57Q. This Act prohibits the paid or unpaid employment o� indi.viduals under the ag�: o� 18 years on any construction project. MISCELLANEpUS 12itOVISIONS a. Complaints, Proceedings, or Testimony by Emp].ayc�es No �aborer ax mechanic to whom the wage, salary, or other �.abar s�and.ards provisions of this Contract are applicable sha11 be discharged or i.n any other manner discriminated agains� by the Contzactor or any subcontractar because suc� etnployee has fi3ed any cc�mplaint or instituted or caused to be anstitute�. any proe��ding or has testified or is about to testify in any pxoc�:�:ding under or relating �.a the labor standards applicable under thie Contract to his employer. b. Ques�ians Concerning Certain Federal Statutes az,.d Regt�.latians Al1 questions arising under this Con�ract which xelate to th� ap�lication ar interpretata.on of {a) the aforesaad Anti-Kickhack Act, {b) 'th� Contract Work Haurs and 5afety Standards Act, {c) the aforesaid Davis-Bacon Aet, (d) the regulations issued by �he Secretary o� Labor, United States Department of Labor, pursuant to said Acts, or {e) the labor standards pro'v'�.sions of any other pertinent F�deral statue, shall be referred, through the City and tb.e Secretary of Iiousa.ng and TIr}5an Development, �o the 5ecretary af Labor, United States Department of Labor, for said Secretary�s appxopriate ruling or intexpre�a�.ian which sb.a1] be authorita- tive and may be relied upan far the purposes of �his Contract. c. Prnvisions to be Tncluded in 5ubcontracts The Con�ractor ar subcontractor shall insert in any Subcontract the above- specifaed clauses entitled "3. COPELA�I3 ANT�-KICKB7�CK ACT," "4. DAVIS- BACON ACT," "5. CONTRACT WdRK HOURS �1ND SAFETY STANGA.I2DS ACT," "6. CHILD LABOR ACT," "7. MTSCELLANEOUS PRpVIS�ONS" and such othex clauses as the City may by appropriat� instru�tions requi.re, and also a claus� requiring the subcontractors to includc: �hese clauses in any lawer tier subcon- tracts. The primE Con�ractor shall be responsible for compliance by any subcantractic�r or lower tier sul�contractar wa.th all the contract clauses cited above. d. Breach o� Foregoing Federal Labor Standards Provisions In additzan. to the causes for �ermination o£ th.a.s Contiract, as herein elsewhere set forCh, the City res�rves the right to terminate tha�s Contxac� if the Contrac�nr or any subaan'tractior whose su.bcont�ae� covers any of the work cavered by this Contiract sha11 breach any of the faxegoing �ederal Labor Standards provisiaras. A breach of th�se Federal Labor Standaxcls �rovisions my also be grouncis for debarment, as pxovided by the applicable regulations issued by the Searetazy o� T�abor, United Stiates Aepar�rnent af Labor. e. Employment Practices -35- � �'h� Contractor shall (1), to the greatiest extent practicable, follow hiring and employment prac�ices for work on �he project which will px�ovide new job oppartunities for the unemployed and underemplayed, and (2) ir�scr� or cau�e to be inserted this pravision in each cons�ruction subcontract. �. CanCract Termina�.ion; Debarment A breach of any af the 7acts or regulata.ons specified in Paragraph c, above, may be grounds £ox termination of thzs Contract and foz debazmez�t as a Contractor and a subcontractor, as provided in 29 CFR 5.12. g. Disputes Concerning Labor Standards Dispu�es arising outi of the Labar Standards provisions o� this Contract sha1.�. no� be subject �o the General Disputes Clause of this Contract. Such disputes shall be rEsolved in accorc�fance witla the procedures o� the Departmez�t of Labar set forth in 29 CFR, Parts 5, 6 and 7. Da.sputes, wi�.hin the meaning of this Claus�, include disputes }�e�ween the Contractor or any of its subcontractors; and the City, the U.S. Aepar�ment of Labor, their employees az representatives. h. Certificatzon of Eligibility ,. (1} By enterang into this Contract, �he Contractor certifies that naither it nax any person or firm who has an interest in the . Con�rac�or�s firm is a person or firm ianeligible to be awarded governmez�t contracts by virtue of Sections 3(a) of the I?avis-Bacon • Act or 29 CFR 5.12(a}(1}, •� C2) No part r�f �iiis CancracL shall be s»-hcoritracted �to any person or �irm ineligible £or award of a government cantract by virtue of the -� abave-man�ioned sections. a. rLE�N Ai� At3D s�TA'IEFi �iC'F ' a. CQntractor shall camply with a1J� �equirements of Sectian li4 of the C�ean �ia.r Act, as amendc�d (42 U.S.C. 1857, �� seq.) . and Section 308 of the ' Fedexal Water Pollution Control Act (33 U.S.C. 1251, et seq.} z��ting to inspectiox�., monitoring, ent�ry, reports and information, as well as other rec�u.irements specified in Section llg and Section 306 oi the Air Act ax�d tkie Water Act, respec�.ively, and a�.1 regulations and guidelines issued thereunder before th� award of this Contrac�. �. �fo porti�an or the warlt required ay L-his Contwaet will be pezform�d ir. a ,, facility listed on the EPA List of Via3ating Facalitie� on the date when tb.is C�ntract was awarded unless and until the EAA eliminates the name of 3uch facility or facili�ies from such listing. ._ c. �vn�ractor shall use its best ef�o�ts to corrEply wztk� clean air standards and cl.can water standards at all facilities in which the Coz�.tracti is haing � �erformed. d. Contractor shall insert �.he substance of thc� provisions af this clause into any non-�xempt subcontrac�, including this Paragraph. 9. LE2aD BASED PAZNT HAZARD In all contracts for construction or rehabilitatzon af residential stxuc�ures, " the Contractior and al� subcontractars shall comply with the Lead-Based Paint regulations found in 24 CF�t 35 and shall comply with the provisions for tk�.� elimination o£ lead-based paint hazards under Sub-Par� B therea�. -35- 10. RE5PON5IBILITY OF CONTRACTOR REGARD�N� R�P4R�S Contrac�or will comply with the zeqnzrements of the City of For� worth�s �iscal �epartment, intergovernmenta� Affairs and Grants Management regarding �he compiling and reporting of statistical information requixed by the ��de�al regulations out�ined above. Specifica�ly, Contraetor agrees to submit all completed reports according to th� ins�ruc�ions and requirements of the Fort Worth Fiscal Services De�artment/Intergov�rnmental Affairs anfl Grants Management, and Contrac�or understands the failure to do sa may be cause for terrninat�on of this contract, -37- �1. CERTIFICATION A�"D ACKNOWLEDGMEN� � certify that T have read and understand th� infarmation regarding my abligations as a Contractor on a project funded by the United States Departm�nt of Hausing and Urban Develapment, wh�ch is contained in the preceding Contract provisions. I undexstand that, should T have any questions regarding my obligationa, � will as saon as possible cantac� the Fort Wo�th F�scal 5ervices Department/Intergovernmental Affairs and Grants Man�gement staff inember wha is assagned to monitar �his Contraet. �onCractflr �v . Z�t=e . f, � � �� C:\D6C[1MENTS Ai7D SETPINGS\GARZAAL�ID\MY AOCllidENT6�71NaRE71�5 []O� a�L��[PARCi ,FFCS\I 2XECU'TIVE i1RUER lli-0G VPARA.�6C � [T. S.. DEPARTMENT OF' HOt7STNG �3IiiD URBAN I}EVELOPMENT CEE2�'rFTCATI0�1T OF BIDDE� REGA12I7��7G EQUAL ENIPLOYM�AIT OPPORTUNITY INSTRLJCTIONS This certificatior� is requixed pursuan� to Executive Order 11246 {3fl CFR 12319- 25). The a.mplementing rules and regulations prov�.de that any bidder or prospective contraC�or, or any of thezr proposed subcantractors, �ha11 state as . an ini�ial part of th� bir3 or negotiatians af the Contract whether tb.ey have partic�pated in any p�evious cantract or subcontract subject to the Equal Oppartunity Clause; and, if so, whe�her they have filed aIl campliance reports due under applicable instructions. Where the certification inc�,a.catc.s that the bidder has nat filed a compliance - rr�porti due undex applicable instructions, such bidder shall be rec�uired to suhmit a campliance repoxt within seven calen,dar days after bid opening, No conY.ract � shall be awarded unless such report is sular�att�d. i , CERTIFICATION BY BIDI]�R ° Bidder's Name: e Addzess and Zip Code: � 1. Bidder has participated in a previous contract az subcon�ract subject to �he Equal Opportunity Clause. Yes 0 No ❑{Z� answer is yes, identify hhe most recent contxact.) � �. Compla.ance reports were xequired ta be filed in connection with such �� contract or su}�contract. ` ' Xes � No ❑ � 3, Siddex 37.as iiled al] compliance reports due wnder applicable instructians, �ncluding SF-100. J � Yes ❑ No ❑ �� 4. If answer to item 3 is '°Nc�,�� please explain in detail on reverse side of tha.s certification_ Cer�ification - The information abov� is true and comple�e to the best af my knowledge and belief. Name and Title of Signer (Flease Typ�) � r: � i .� SignaturE ]�a�e C:�➢OCUb1ENT$ AUTf) SL'1"I'TNGS\GARZP34M➢\My pOCI7M6NT5\ANdREA'5 OOC F��pAItR SPECS��I &XSCUTIV6 �RI)ER 1Y246 UPARR.DQC �1 U.S. D�PARTMENT G}F AOU$�NC, ,A,N:U URBAN DEVELOPMENT CERTIFICAT�ON REG�2DTiVG LOBBYING s The undersigned certifa.es, to the best of his ox hEr ]cnowledge and l�eliet, ti:a�.; (1) No Federal appropriated funds have been paid or will be paid, by �r wil�� be paid, by or on behalf af the und�:rsigned, to any person for influencing � or attempting to influence an officex or empl�yee of any agency, a Member � o� Congress, an ofticer or employee of Congress, or an employee ot a Member of Congress in con.nectian with the awarding of any Fedex'al contract, the raking of any Fedezal granC, the making af any Federal loan, ` the sn�ering into o� any cooperative agreement, and tkie �:xtension, continuation, renewal, amez�dmen�, or modzfication of any Federai contzact, grant, loan or cooperative agreem�nt. (2) If any �unds othez than Federal appropriated funds haue been paid or will i be paid tn any persoz�. for influencing or attempting to influence an officer ar employee of any agency, a Member o:E Congress, an officer or , employee of Coz�gress, or an employee of a Nlember of Cangress in connection wath this Federal. contract, grant, Ioan, or cooperative agreement, the , undersigned shall complet� and submit 5tandard �'orm-LLL, "Diselosure Form ko Report Labbying,° in accordance with its instructi.ons. (3) The und�rsigned shalx require that the language of this certiiication be •� includeci a�n the award documents �or all subawards at all tiers (including subc�ntracts, subgrants, and contracts under grants, 7.oans, and coopera- � tive agreements) and �hat all subrecipien�s shall certa£y and disclose accordingly. �, � Signature Tit1e Dat� ._� J� 9�� C�\�pCIIM$N7'S ANO SSTTINGS\GAR7,AANp�MY DOCVMF3�T3�ANDREA�S DtlC FTI��\upARA SPEC$\I $XEC[1T'IVE ORIIEA 11246 IIHARR.DpC U.S. DEPAR�MENT DF HOUSING AND URBAN DEVE�OPMENT CERTIFICATE OF �WNER'S ATTQRNEY �, the undersigned, ��'�'�a� c.. C�1Gr[i � r , the ci:zly autharaaed and acting 7.�.ga1 represen�ative of � eo-� qi' �� ..aa�� • do he�c.by certify as �oliaws: I have examimed the attached Con�ractSs) an.d surety bonds and ch� �manner o� execution thereof, and � am of the opinion that each of the afoxesaicl. agreement� has been duly executed .1�� the proper par�ies thexeta ac�ing thraugk� their duly au�l�orized xc�presentatives; �.hat said re�,aresentatives have ful� powex' and authority to ex�cute said agreements on behalf of the �espective parties named thereon; and that ti�e faregoing agreements constitute valid a�r.d legally binding obligationa upon tP�e parties, executing the same in accordance wa.th terms, condition5 and provisions thereof. n�� : S� � 1 l.e � 0 3 , '. � �� ,� � C:\nOClTM8HT5 P.a7D SE7T7NG$`,Gr+7iT,t�ANd\MY t74Ct7MSN'c3\At�I1R6A'S !lOC Fy?.��lIPARft SPEC5\I SXECUTIVS ��9'oFsR 11146 VPaaA.➢4C i , i U. S. DEPARTM�NT OF LASOR WAGE A�TD HOUR Al`�D PUBLIC C�NTRACT5 DIVISIONS INSTR�ICTIONS FOR COMPLETING PAYROLL FORM WH-347 General: The use of WH-347, payroll fozm, i� not mandatory. T�.is form has been mad� available foX the convenience of contraciors a,nd subcontzactors required by their Federal or Fed�rally-aitled constzuction-type cantracts and subcontracts to submit weeklypayrolls. Properly filled out, ihis fram will satisfy the requirements o� Regt�lations, Parts 3 and 5(29 CFR, Subfitle A}, as to payrolls submitted in connection with contracts subject to the Davis-Bacon and relaied Acts, This forrn mee�s needs r�su�tiz�.g from the amenclrrient of the Davis�Bacon Act to include fring� benefits provisions. L�nder this aznended law, the contractor is required to pay nnt less than fringe bPnefi�s as predeterrnined �y the Department af Labor, in addition to payment of not Iess than the pxedetertnined rates, The contractar's obligatian to pay fring� benefits may be met either bypay�ment � f the firinges to the various plans, funds, or programs or by making these payments to the emplayees as �ash in lieu of fringes. This payroll pro�ides for the contz�actor's showing on the face af the payroll all moni�s paid to the ernplc�yees, whether as basic rates ar as cash i� lieu of fiinges ar�d provides for the contractor's representatian in the statement of compliance on the rear of the payroll that he is paying to others �nges required by the contract and not paid as cash in lieu of fringes. Detailed instructions �;�ncerning th� preparation af th� payrall follow: l';antractor or Suhcontractor: Fill i� your firxn's name and check appropriate 1aax. Address: Fill in your iirm's address. Column 1- Name, Address, and Social Securitv Nu�ber ofEmnlovee: The employee's full name must be shown an each weekly payroll submitted. The employee's adc�ress must also be shawn on the payrall co�ering the �'irst week in which the emplayee works on ihe pzaj ect. The address need nat 6e shown on subsequent weekly payrolls unless his address changes. Although noi required by Regulations, Paxts 3 and 5, space is available in the name and address section so t�.at Social Security nuxnbers may be listed. Column 2-�Nithholdir�Q Exernptions.: �'his �:alumn is rnerely inserted �or the employer's convenience arzd is no# a reqrai.rement of Regulations, Parts 3 and 5. ; � Column 3- Wark Classifications: List classification d�scriptive o£ work acivally performed by employees. Coxzsult classifications and minimum wage schedule set forth an contract specifications. '` If additional classifications are de�med necessary, see Contracti�zg Officer or Ag�ncy representative. EmpXoyee may be shown as having worked in more ihan one classification provided accurate b�eakdawn af hours so v�+orkec� is maintained and shown on submitted payroll by use of separate line entries. 43 Calumz� 4- Hours Worked: On a11 caniracts subject to the Con�•act Work Hours Standards Act enter as o�ertirne hours all hours warked in excess of 40 hnurs a week, Coluir�.n 5 - Total: Self-Explanatory. Column 6- Rate of Pay. includin� Frin�e Benefits: In straight tz�e box, list actual hourly rate paid the emplpyee �or siraight time war�ed plus any cash in �ieu �f £iiz�ges paid the employee, When recarding the straight tixne hourly rate, any cash paid in lieu of fringes maybe shown separately fram the basic rate, thus �3.25/.40. This is of assistance in correctly computing avertime. See "FRINGE BENEFITS" below. In overtim� box show overtime hourly rate paid, plus any cash in lieu af fringes paid the employee. See"FRINGE BENEFITS" below, Payment of not less than ti_me and one--half ihe basic or regular rate paid is required far overtime under the Confract Work Hou�rs Standards Act for 1962. �in addition to paying not less than the predetermined rate for ihe classi�ication in which the ernploye� warks, the contractor shall pay to approved plans, funds, or programs or shall pay as cash in Iieu a� fringes amounts predetermined as fringe benefits in the wage decision made part of the contraci. See "FRINGE BENEFIT,S" below. FRINGE BENEFITS - Conti-actors who �av all reauired frin�e benefits: A contractor who pays fringe benefits to appxoved plans, funcis ar pro�rams in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue tn show an the face of the payroll th� basic cask� haurly rate and overtime rate paid ta h.zs employees just as he i�as always done. Such a contractor shalI cbeck paragraph 4(a) of the statement on the zevez-se of the payro�l to indicate that he is also paying to approved plans, funds, or programs not less than �he amoun.f predeterminec� as fringe benefits for eacl� craft, Any excepiions shall be noted in SEction 4(c). Contractors who pav no frin�e benefits: A Contractor who pays no fringe beneiits shall pay fa the employee, and insert in the siraight t�me hourly rate colu�n of the payroll, an amount not less than the predetermined rate for each classification pl�s the amount o�fringe benefits deteimined for eacb classifieation in the applicable wage decisiai7. Tr�asmuch as it is notnecessaryto payiime and ahalf on cash paid in lieu of fringes, the a�ertime rate shall be noi less than the sum of the basic predetermined rate, plus the half time �aremium on basic �r regular rate, pl�� the req�ired cask in Iieu o� frznges at the straight time z'ate. In addition, the contractor shall check paragraph 4{b) of the. statem�nt an the reverse of the payro�l to zndicate that he is paying fring� benefi#s in cash directly to his emplayees. Any exceptions shall be noted in Section 4(c}. Use of Section 4(c�, EXC81]t1pI15 Any contractor who is making paym.ent to approved plans, funds, or programs zn axnounts less than #he wage deteri�ination requires is obliged to paythe deficiency directly io the employees as cash in lieu af fringes. Any exc�ptions to Section 4(a} or 4{b}, whichever tk�e contractor may check, shall be entered in Sectian 4(c). Erlter in the Exception column ihe craft, and enter in tk�e Explanation colurmi the hourly arnount paid the employee as cash iz� 1'zeu of fringes and the hourly amouz�t paid to plans, fun.ds, or programs as fringes. The contractor shall pay, ar�d shalI show iha� he is paying to each such em.ployee for all hours (unless otherwise provided by applicable deternunation) �vorked ., � �� y� an Federal ar Federal�y assist�d prajeci an amount not less thaxz the predetermit�ed rate plus cash in lieu of fringes as shawn in Sectinn 4(c}. The rate paid aild amount of cash paid in Iieu of fringe benefits per hour should be entered iri caluzzan 6 on the payrall. See parag,raph on "Gontractors who pay no fringe 6enefits" foz computati.on of over�ime zate. Column 7- Grass Amount Earned: Enter gross amount e�rned on this project. If part of the emplayee's weekly wage was earned on projects other �han the project described on this payroll, enter in column 7�irst the amount earned an the Federal or Federally assisted project and then the grass axnvunt earned during the week on alI projects, thus $63.00/12�.00. Column 8- Deductions: Five columns are provided fnr showing deductians made. If more than �ive deduc;tions should be involved, LiS� �lI'5t � COlAT17I35� shaw the balance of deductions �tnder "Other" column; show act:ual tofa� under "Total Deductions" colurnn; and in the attachrnent io th� payroll describe the deductions contained in the "Other" column. AlI deductio�as must be in accordance with the pro�isions of the Copeland Act Regulations, 29 CFR, Part 3. If the employee worked on oiher jobs in addition to ihis praject, show actual deductions from his weekly gross wage, but indicate tk�at deduc�ions a�e based on his gross wages. Column 9- Net Wa�es Paid for Week: Self-expla�atory. Tatals - Space has been leit at the bottom of the co��mns sa that totals may be shown if tl�e contractor so desires. Statement Required t�v Re�ulataons, Parts 3 and 5: VVhile this form need nat be notarized, the statement on t�e l�ack of the payrail is subject io the penalties provided by 18 USC 1Q�1, namely, possible imprisonrz�ent for 5 years or $IO,OOQ.Q4 fine or both. Accordingly, the party signing this required stateiment should have knowledge of th� faeis represented as true. Space has been pravided between items {1) and (2} of the statement faz describing any deduc- tions made. If all deductiozas made are adequately described in the "Deductions" column above, staie "See Deductions column zn Yhis payroll". See paragraph enti�led "FRING� BENEFYTS" abave for insiructions concerning filling out paragraph 4 oi the statement. q4 C:1➢QCLlMHNTS At�i1a SETTINGS'�(iARGAANUVv1Y DOCGMENTSVWbkk:A'S UDC FILE5IUPAIZRSP8C51T2 PAYlZQL41N5TAUCTIONS WH347 UPARR.DOE � U. S. D�partment o�Housing and Urban Developmeni CERTIFICATE FROM CONTRACTOR APPQINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYIVIENT OF EMPLOYEES � Praj ect Naz�z�e Lacatian .. .. .... Date Project No. {n (We) hereby certify that (I arn} (we are} (Yhe prime contractor) (a subcontractor) for {Specify "General Construction", "Plumbing", "Roofmg", etc) � , in canriection with construction of the above-mentioned Project, and tliat (� (we) have appointed whose si�nature anvears below. ta sunervise the navment af fmvl lourl emt�lovees be�innin� .?[7_; that he/she is in a position to have full Irnowledge of the facts s�t farth in the payroll docurnents and in the stateinent of compliance required by the so-called �ick-Back Statute which he/sh� is ta execute witl� (my) (our) full authoriry and approval ur�iil s�,�� rime as (1) {we) submit to a new certificate appointing �ome other person for the �uiposes hereinal�nv� stated. (Identifying Signature of Appoint�e) � Att�st (if required): : (Naane of Fum or Corporation) � �_ (Signature) (Tit1e) (Signature) (Title} NOTE: This cerrificaie musi be executed by an authorized offcer of a corporation, by a znember of a partnership, or the sole av�rner and shall be executed prior ta and be submitted with the first payroll. Should the appointee be changed, a new certificate must accampa.ny the first payroll �ar which the new appointee executes a statement of compliance required by th� Kick-Back Statute. ]DALIDAQ-1340.3/2 {6-79) ., il. S. �EPAR7MENT OF 3ABOR WAGE AN� FiOl1R OMSIOH Name of Contractor ❑ or Sub�ntractor ❑ PAYROLLNO (1) NAHfE, A��RE55 AivU SDCIAL S�CiJRITY Nl1h,t8'r3'r OF EMPLOYEE PAXRO�L Form ApprQved Sudget From No. 44 89�93 (For Contractor's Optional �lse, See Onsiruciion �orm WH-3471nst.) Adciress FOR WEE� EWOING PROJ�CT AND LOCATfON F'�OJECT OR CONTRACT NO I -1 (3) O (4) OAY n"JO QATE- {5) {6) (7) (8) �E�EICTIpNS (91 T - NO.OP �nrxxoirn FICA �H-H�o�G �7HER TOTAL ,�c WORK O TOTAL FiP.TE GRO55 rqx pfi�lICT10NS �� 1°N ClASSIFECAT]ON R HOURS OF ANlpUNT WAGES PAY EARIJEQ PAIO F6R 5 WEEK 7 HOl1R5 WORKEb EACH OAY O 5 I I 1 0 � I S O 5 I . O S D I S i � I 5 I O S I �� $ II oMs# ��o�-aoo7 47 U. S. �EPARTMENT OF LRBQR STATEiiIIENT QF COMPLIANC� iorm Agproved WAGEAN�HOIJRAN�PUBLIC Budget Bureau No. 44-R1090 CONTRACTS �IVI510N5 � I I . i " i :, d � i .i � 1 Date T• , da herehy state: - (Name of sa.gnatory partyj ;Title) (J) That I pay or supervise the payment af the persons employed by SConeractnr or subcontractoz) on the ; that durxr�g th2 payroll period comm�ncing on the day of {Huilding nr worK) , 20 and ending the day of ,�� , all persons empinyed on said pro}ect have been paid the ful] weekly wages earned, that no rebatea have bezn ar will be made either dizectly or indazectly to or on behal£ of eaid SContractor or subcontractor} from the full weekly wages earned hy any p�reon and [hat no deductions have been made either directly or indirectly Erom the Eul1 wages earned by any person, other than pexmissihle deductions as defined in Regulat3ons, Pazt 3(2B Ck'R Su3otitle AJ, iasued hy trie Secretary of La2sor under the Copeland Act, as amended {y8 Stat. 948.53 Stat. 1�8, 72 8tat. 967; 76 Stat. 357; 40 II.S.C. 276cf, and described helow: �2j That any� payrolls otherwise under this c:�,ttract required to be submitted for the above perioa are correct and cornplete; that the wage rates for laborers oz mechanics contained therein are nat less thaz3 the appiicable wage raYes cantained in any wage determinaticsn incorporated into the contract; that the classifi.cations set forth therein for each laborer or mechanic conform with the wark he perfozmed. {3) T'r,av any apprentices employed in the above peripd ar� duly registered in s bnna fide appzenticeship program registered with a SLate apprenticeship agency recognized hy the Bureav of AppXenticeship and Training, United 3tates Department of Labor, or iE no such recognized agency exists in a State, are registered with the Bureau of Apprenticeshig apd Training, United States DepartmePt of 14abor. i4} That: (aj WHERE FxTNGE BEDIEFITS ARE PAID TO aPPROVEL7 PLANS, F[INI7S, DR PROGRAMS CI In addition to the 6asic hourly wage ratee paad to �ach laborer or mecha:iic Lieted tn rha above sefezenced payroll, payments af fringe benefits as lieted in the contract have 6een or will ne made to appragria�e grog=ams for the benefit of such employees, excegt as noted in Section 4(p} b�1ow. (bj WHERE FI22NGE HA+FEFfTS ARE PAiD IN CASTi G Eaeh laborer o= mechanic listed in the abave referenced payroll has been paid as indicated on the f�ayrall, an amount not less than the sum of the applica6le bas3c hourly wage zat� plus the amount of :.]ae required fringe henefits as lzsted in the contract, except aa noted in section h{c) below. (cj EXCEPTSONS S7iCEPTION {�r�.ft�l Remazks Name and Tftle Signa�ure E}CPL�A�+TAT��N THE WILF[IL FIaLSTFICATION OF AIdY OE THE AHO`!E STAT�M6NT5 iNAY SUHJECT THE CON'1'RACTpR OR SUECOIVTRACTOR TO CIVTL qR CRIMINAL PRp3EC[7TTON, SEE SECTION 1001 OS TSTU� 18 ACSO SECTIOAT 231 OF TITLE 31 QF TKE i]NiTE� STATES CODE. GSA U669 .2Zia !�t � C:�OC[JM8Ni5 ANL] S&TTINGS46ARZAAh'D1MY DOCUMENTSIANDREq'5 DOC FILE5IJPARR ;iPHCS1L STAT�Iw1L'N7 ON l'AMPI.[ANCB UrARI�,DOC Form WH-348�1/68� *f�Ni��YL1�S ��`��11��,IVT' �F V'V��K V�RI�I�A�1�N The undersigned hereby certifies that he has engaged in #F�e following work. classifications for the payrol{ week b�ginning and ending (Date) , and was emp4oyed by (Date) (Name of Company) � , a - ; UV�FtK S M T 1� TH F�A� Tp�'AL RATE C,F�� LA��I�I�ATl�fV HOt�R� �F PAY P�11� TOTALS il (Empfoye�'s Signafure) � *This information is reQuired when an employee is used in more than ane classification during any payrof] period; for example, Carpenter for part of a day or wee�, and laborer - or other classification for the remainder of the time, and is paid different rates of pay for e�ch classification. If the empioyee is paic� the higher rate(s) for all work pertormed, �� tf�is form is not required. I ,6 �9 � � w� �a�r�ll D�duc�io� Au�h�riza�i�n This is the authorizaiion to the to decluct from my paycheck $ is for item number: R��AY�II�IV�' O�: 1. 2. 3. �. �. �. Loan Retirement Advance on Wages Sa�inas 5a�ings 6onds Uniforms *This deduction is #� �e mac��; CHECK APPR�PRIATE BOX 7. S. 9. 1 p. i'�. 12. Credit Union Profit S�aring Donations to Agencies Insurance Premiums Union Dues � One time only � Weekly � Bi-weekly � For �weeks 1.� .* This C�ate: �rnployee's S�ignatur� �;-�nter� qr T�yped �lame: �'roject Name and Numt�er: M- PAYROI,i, GEAUCTION AUTHORIZATION UPARR 54 ,-� U. S. ��peRTfl��f�i �� bOI�SINC AND UR��lN ��V��O�f�!lI�N� C�i4�MUfVIiY D�'l��OPiI��N� �L�CFC CRAFdT Ii�PUi SLI�CONiRACT�R`S �� f IFICA�'l�N { CO�lC�RNfIV(g LA�O� S��,IV�ARD� I�P�D �i7�1/�I�IN� VIlACf� RI�(1UIR�l��P�TS �� To (Appropriate Recipient} �' ' C�0 7 ' 1 ��e �roj�ci iVumber (l� an�} Projecf fdame The undersig�ed, having executed a contract with � (Name of Contrac#or ar Subconuactor) �� , :, 2. � 3. far (I�Eature ofi Wark) _ In the amounk of $ In �he construct9on af the above-idenkified project, certifies that; (a} The Labar Standards Provisions of The Contract for Construetion are included in #he aforesaid contract. {b) Neither he nor any firm, carporation, partnership, or association in which he has a substantial Interest is designated as an ineligible contracfor by fhe Comptroller General of the Ur�ited 5tates pursuant to Secfion 5.6(b) of tf�e Regulations of #he Secretary of Labor, part 5(29 CFR, Part 5}, or pursuant to Section 3(a} of the Davis- �acon Act, as amended (40 U.S.C. 276a-(a)). (c) No part of the aforementioned cantract has been or will be subcontracted to arty subcontractor if such subcontractor or any firm, corp�ration, partnership or association in which such subcontractor has a substanfial ir�terest is designated as an ineligible contractor pursuanf to the aforesaid regufatory or siatutory provisions. �le agrees to obtain and farward to the cantractor, for transmittal to the recipisnt, within ten days after the executlon ot any {ower subcontract, a Subcontractor's Certificatian Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. (a) The wor`kmen will report for duty on or about ��tature ��f work) Jn (he �mount af $ � He ee�ifies that: � —' (a) The legal name and the business address of the undersigned are: — , , � (b} The undersigned is: (3) A Corporation Organized.in the Staie of: (1) ASinglePraprietorship: (4} Oiher Organization (Describe} (2) A Partnership: S1 ,_ C:IDOCCIMIENTS AFVD SE'ITINGSIGARZAANn1MY DOCLIMENTSIANBREA'S DOC FILLSIUPARR SP�CSW - SUBC�NTRACTOR'S CERTIFICA170N [ IPARR.I]OC (c) The name, title and address af the owner, partners ar ofFicers of fhe undersiqned are: Na:::� Tf�fie .4d!�rQ�s {d) Tf�e names and addresses of ail other persons, bvtfi� natural and cor�orate, ha�ing a substantial interest in the � undersigned, and the nature of the interest are (If none, so state): Nar�a e . �I .�� .� � Attdress Na[r�Xe of �r�ter�Y� 52 C:IDOCCJMENTS AND SETTINGSIGARZAANDIMY DOClI3vtENTS1ANDRBA'S DOC FILESILIPARR SPECSllV - SLlBCDNTRACTOIi'S CERT{PICATION ` � UPARR.DOC (e) The names, addresses and trade classifications of all other building constructior� contractors in which the undersigned has a substantial interest are (if none, so state): 1V$:::s �4 ddr�s� Na t�rre o f�r� t�res t F I. T �� (5ubcontractor) gy (Signature) ( � y��ed Name and Tit]e} � , , IIVARIV I R! C U. S. Crimnaf Code, Section 10'�0, Title 18, U,S.C, Provides in part: "Whoever ,.. makes, passes, alters, or publishes any statement, knowing fihe same to be false ... shalf be fined not mo�e than $S,OOD or ., imprisioned nof mare than two years, or both." N �I i E. I � _. i� � �� I' � � L 53 ` C:IDOCLfNeENTS AND 5ETTQQCiS1GARZAANDIMY DOCUMENT51A1VDREA'S DOC FILH51L1PARR SPECSW - SUCiCONTRACTOR'S CERTIFiCATION UPARR.DqC �I�IT'�RGOV�RI�MENTAL AF'FAIRS AND GRAiYTS MANAGEM�NT PUBLTC FACILITiES AND IMPROVEMENTS CDBG CONSTRUCTION GUIDELINES The use of Com�unity Development Block Gra1�t {CDBG) funds in whole or pa�t for construc�ion of a public buildin,g must follaw the federal regulations for CDBG. PRE-�aNSTRUCTYON STAGE A. Clearance and Wage Rates (Initiated by Project monitoar, IAGM) 1. �btain Environmental Assessment frazrz City Planning Departmant ta determine if flood plain, effect on community, etc. 2. Obtain Qualified Service Area doeumentation fram City Planning Department to determine at least 51°/d of residents in service area of building are law and moderaie-inconle persons. 3. Contrac# Cornpliance Specialist will request wage c�etermination from HUll io meet Davis-Bacan Act (Description of work needed froxn project matiager) 4. Pzovide cost estimate and source of funds %r constructian, 5. Project Manager fram City Department will noiify IAGM when projeci design is caxnpleted. , 6. At least ten days before the bid open.ing, IAGM will �erify wage xates and notify ihe appropriate project manager if there is possibl� a zz�.adi�cation. , B. Bid Process ' i. Bid Document needs ta incJ.ude: � � Tb�e Contractor's Packet � o Wage rates required by Davis-Bacon Act and pxedetermined by Depar4ment of Lal�or per job classification. �n t�e case of contracts �� entered into p�rsuant to campetitive bidding pracedu[res bid ;, opening locks in wage decision. T}�e contract mUst be signed withir� 90 days af�er the bid openin�, if not signed within that ,' �eriad a new decision will go into effect, if the Contractar does not �, agree to ihe new decisian tlae b�dding process must start over. � HUl] contract requirements • Specili�ation� c�f canstruction work : � Proj ect sign design with CDBG identified as a funding source to be �osted in front af buzlding baing constructed. '' 2. Pre-bid conference m�ay be held to address potential contractor questions, �. � : f,o, it must be stated in the bid advertisement arxd provide placa and time. 3. d�id adWertiserr�ent needs to siate time and place bids will be opened. 4. Y2equest �or bids musi be advertised 2 consecutive weeks — at least one !� �?pk in newspaper of general cizculation. 5. �xoj ec� monitor to at�end bid opening �AGM Last xevised May/�0 C. COriLXaCt �3�iWB�i1 COT1tT3Ci01' ailCl �ltj� Of FOI"t wOitil {# L-5 deal mostly with housingprojects) � 3 A written contract with t�i� Ci�y will be complet�d priar ta the disbursement of money. The contract will r�main in effect dur�ng any period t11at the agency has control over CDBG funds. A lien wi11 be placed on propert� over a period to be deterniined by the City (m.inimum of 5 years after expiration of the coniract). If duriz�g the lien perind the facility ceases to rneet a CDBG national objective or eligzbl� activity, the City xnust be reinabursed at Fair Market Value of the building, less any portion of �.e value attribut�ble to the expendituxe of non-building, less any portion of the value atfributable to the expenditure of non-CDBG funds for acquiring of, or impravement to, the property. 4. �ontractor selected must flbiaan liability and workers compensation insurance. 5. Contractor selected rnust abtain pexformance bond. CONSTRUCTION STAGE A. Pre-Construction. eQnference 1. Contractor is respoz�sible for sub-contractor comp�iance witb HUD r�gulations, 2. Must be held to review federal xequirements and subrn�ssian of payroll docuxr�entatio� on a weeklv basis to IAGM, 3. Building mus#, pro�vitle handicap accessibility (wheelchair ramps, elevatora and bathroorns). A�. Monitoring site-visits and wage interviews will be conducted by proj ect monitar. 5, Project monitar must ensure that contracior has not been debarred befare the start of r�vork. 6. Contractor T.nformaiion and Sectiox� 3 a#tachments must be sent io monitor with seven days aft�r being received, B. Canstxuction 1. Submit Start o� Work Notice 2. Submit Section 3 Attachments 3. Wvrkers must be paid weekly 4. Sub�xt weekly certified payrolls (number payroll�) �. Post Wage decision; EEO, Department of labor wage info. C. End of Construction 1. Submit End of Work Form 2. Retain al1 in.formaiion relaied to project for five years IAGM Last revised May1fl� i �r Pro�ect closeout 1. Audit by City sta.�f This outline represents the requirements for consfx-uction or rehabilitation pra}ects. vVe ]��?k forward to working closely with you to facilitate the implernentation of ti�ese requirements for federally funded construction projects. glease feel free ta cail us at any time, ,TamikaBar�r �(817) $71-8365 �Gre� �oz-dan t817) �71-8387 Finance Department, Intergavernment�.l Afiairs and Grants Management I 4 I' . �t'i�M �ast re�ised May/00 3 '� :`w,'+ 2��ti+�i�� '' i •��- . f ~• �R}^,,.,f;'x' a`�',1;-Y��. '��' •rr �`5 i .:i=�" i�= � r u:� 1 i r'� ,.aF. j, l�, _ �.9 �y, �a �,; -;9i -Y% y x� . i 'c '� N '%: y 72.:� y. ;;a Y '�� v: , 'v.'�i' � k?4'� _ •`�• H } V �C ;� ;•,.�,�� . ,+ + ry+ - i ';Fr �' i��. :i..�r�'e .�+;: �L^'x�n:;t��'•L� x:.^4 R.^'C,��.'4 ' t- ti��'�".�'ef�;Ut �'i L.�. d,i <` -Ii r:,;:,-h� ; ;��" � �;� r . �' � , �.. .+ �, ' � ? ��fv ' '� f S� }:' :el, � _ :.i;- 1 .. F�. �y ��, ,a ' , 'i .+1-�.7 '�'�I��+.Ri?,r' ,.,,•;1-ep; — '':;�r''y 6^:,il .-��e;�,.+�,<sr / tNl h /F� � /R �0 `? ��`k \4 . . a!!Atti.M,4-,�.'Jl �RY,:llr* .. �r,�� ,.c�:eE2i,,. '1a;4tM,'_. r;;1'y��+X��. ��i+;-1}� - . >vxi. ,; ,tib"L1 "'S � S t.ssi a�! "�t� ' �S „y Rr"t��i i �� ,I j �� '�� t ^ i �� `S 41i -� Tr � �� t ,F � ,�� W '. ii.. 'r. - ,� �i .� � .�e :as,� � :4�-�1� �.� �1,' Y�..� aP�?�� ;irti�r. s 1 .^.w.�l' .� � !�" '1�S . �i y _d ?N�i -h Y }�'.�i+,... ��, :F �ct'c%m '.t.n�t4e P; :•u ee� � •'..� - y, �Kc�,; a� � � :�j. � i: 7;L ci 4 .e. _ ��'r.'_st.e ..�'il;j�.41.. :n�r,.:.i? . d?¢:Y.. �ri >si3l:i�i'�i�f �M1!'. :.=,�ry' '�R1 r ' �� .� f ' �� 1 . ' 1 'it ' �. =:{. :e. 5 - � s , �: � : .,; ;�:: 4 .:_ � : i� .: ,� �.. _ _ , _ , , _ _ 4 _ �� _ a _ .s _ � �, s: i �j t �,�r� ��-e ; ;�. :� ,� � :� -�, .; �� _l� _ f • - r . . . .. c . �. ,.,� ` '� - •s -� • • � r � • •- o �'��`� You must b� paid nnt Eess thar� or�e ar�d dn��aff times your basic rate o€ pay for a11 �io�rs worked over 40 a week. There are s�o.me exc.�ptio�s. � , � A.ppren#ice rates ap�ly or�ly to apprentices - properly registered ur�der approved Federai or �State appt�entic�shi� pragrams. � s �-• -� ; � � � �, .. . �f you do not receive proper pay, contac# the Contracting afficer listed k�efow: FR.AHK MARRERO � - SEN[OEi CONTRACT COMPLIANCE SPECIALIST FINANCE DEPARTNtEN7 INTERGDVERNMEHTAI. AFFAIRS AHD GR4NT5. �[A,NAGEMEN7 CITY QF FORT WORTFi L000 THAOCKh10RTQN STREE'C * FORT WORTH, TE)G�S i61fl2 817-675-7536'+�FAX B17-871•8383 MarrerF�ci.[ort-worth.tx.us q or you may contac� the n�arest office ot the . Wage and Hour Division, U,S, Departmer�t of Labor. The Wag� ar�d Hour Division ha� offices in several hundre�f communities thro�ghou# the cauntry. �ey ar� fist�d in ihs U.S,' Govemment s�etion of mosf tefep�one directories under U.S. Dep�ar�ment ot Labor EmPloyrnent 5tandards Adminlstratlon 1.1.� Dapnrtmtrnt af Labor � ..._. � � , PRo,��ECT oESE�NATIoN S�GN � . - �-�rz�� ' , . . . . : � ; � . � . '� � � � ' � , . R�• �. , � ' . • . , . � � � ' . ' � � �- � ,°'' � ; , �� g:;�,;;; ��-�: � �; �1�. �.�� .�`� . - . � . � .:�'.V. f. �:r��'.Sa "; � +f� .� .. �+�"JACi'"��.f �. .� Y��' ''+ j � . _ #i.r � .�5.� — .: �::.,� '" �h� 1� . , • +;,yti1;t'' ��'f� � Y . . �]II � . . _ _ �i: f ."F �� v� '` . .�k �.'�.rys . _ � . �y�54a' ', ! q �� , � , Pro�ec� Ti��e : � � - �•r . � 4 , • � � • � �� -j�`•� � � � �ontractar: � � � iz�, - , ?��-�� , C o r� f ra �� o r.� ��,� a rri e �� . � �a,� � s . �., FUf�DED �`r' � , � . . � � n„ , , � � ;� � � � � x � _t * _ ;� � � .. - � ��«" � scHEDULE� ca�tP�.ET�aN �aTE � , �„ , . �-�rz� �. YEf�R - � ; , . � .r J . t �� , 1-112" . . . � f � !— . . � . ��,��. . , ` . 1Vo0UNT IN GRDUND �' )( p057. BOTTC3M 0� SIGN IS �' OFF SURFACE. :� � . �l�N IS WHITE WIiH B�.UE BORDER AND LEiTERfNG Ih1 PMS 288. PROJECT TITLE, � CQNTRACTOR, gp�p ��D GOMPLET�i�N DAl"E iN�ORM�'CIaN 15 IN HELVEi1CA_ � ' C�TY O� FDFtT WORTH tOC,O lS AVAiLABLE FROM THE CITY OF �QFiT WOi�TH � �# , WEAT�iER TABLE MONTH JANL7ARY FEBRUAR`� MARCH APRII., MAY J UI�IE 7ULY AtIGUST SEPTEMBER OGTOBER NOVEMBER DECEMBER ANNUALLY AVERAGE DAYS 1ZA.Il�]FALL (1) 7 7 7 9 8 6 5 5 7 b 6 7 :f INCHES RAINFALL (Z} 1,80 2.3 6 2,5�4 4.3a 4.A�7 3.05 1.84 2.26 3.I5 2.68 2.03 1.82 32.3Q _ SNOW/FCE PELLETS (3) 1 :� * 0 0 0 0 4 0 0 0 * 1 (1) . Average nortnal number of days rainfall, Q.41° or more. (Z) Average normal precipitation. {3) One inch (1 ") or more. * Less than one-half inch (1/2"). Unseasaz�able weather is defi:ned for contract purposes as rain/snaw days which exceed the a�erage number af days or znches of rainfall in any given month. , This table is based on informat�on xecorded at the formex Greater Southwest Tnterz�ational Airport, Fart Worth, Texas, covering a perind of 18 years. Latitude 32° 50' N, Longitude 97" Q3' W, elevation (ground) 537 ft. f � VENDOR COMPLIANCE T4 STATE LAW The 1985 Sessian of the Texas Legislat�re passed Ho�se Bi11620 relative to tk�e award of contracts to non-resident bidders. This law provides that, in order ta be awarded a contract as 1ow bidder, non- resident biddars (out-o� state coniraciors whase corporate offices or principal place af business are outside oixhe State of Texas) bid prajects for construction, improvemenfs, supplies or services in Texas at an arnount lower than the lowest Texas resident bidde:r by the same amount that a Texas resident bidder would be required to underbid a non-resident �idder in order to obiain a compa�rable contract in ihe State in wluch the non-resident's principal place af business is iocated. The appropria�e blanks in Section A must be �i11ed out by all out-of-state or nan-resident bidders in arder for your bid ta meet specifications. The failuze of ou�-of-staie ar non-resident contractors to do so will autamatically disquaIify that bidder. Resident bidders must check the box in Section B. A. Nan-residen� vendors in {give state), aur principal place of business, aa'e required to be percent lower than resident bidders by state Iavv. A copy of the statute is attached. Non-resideni wendors in (give state), our pz-incipal place of business, a�e not required to underbid resident bidders. B. Our principal place of business or corporate off�ces arE in flze State of Texas. ❑ Please C�eck or mark with an "X" :I/�'i (please print) �� :� {please print) {please print} City / State I: Signature; Title: Zip � HIS FORM MUST BE RETURNED ''i�TITH YOUR OUOTATIDN C;ompany �/BNDOR COMPLIANC� TU STATE LAW I ._ � CONT'RACTOR COfl�PLIANC� WITH �ORKERS' CC)MP�NSAiION �AW Pursuant to V.T.C.A. Labor Code §406.96 �2000), as arnended, Contractar certifies that it provides workers' compensation insurance coverage for a[I of its employees employed on City of Fort Worth Deparkment of Engineering No. and City of Fo�t Wc�r�h ProjEct No. ,� �� STATE OF TEXAS � § COUNTY OF TARRANT § CnNTRACTOR , � . _ .�, �!ame: � �.��s -SIM.�Ics � T!#I�: �fL'�-�' � OewJ� Date: �� - ( � � '� Befare me, #he undersigned auti�ority, an t�is day �erso�ally �ppeared ��Jti3S«nm�, known to me ta be tne person whose name is subscribed to the faregoing instr�me�t, and acknowledged to me that ne executed fhe same as the ac� ti� and deed of��[?�ac�c �� CrY��k: t�.�C�'`� for th� purposes and c�nsideration therein expressed and in h capacity therein stated. ' f Given Under My Hand and Seal of Qffice this� � , 20�� I �_ �_�— � ,�, — lic in and for fh� St�a '� of �exas ��Yn�p..� Ftaren A �ivera .- r ��t7 �= MY C4mml�lo0 @xplres �` �,�� Ootubar U3� 2006 .� �:of� �4 . � ._ - . . _ . _ . . . . ., . . . ... - . �_ . _ _ . ., �� d ��.�� P�s�.�.nt �� T`exas 'LNor1�e�°s �o��emsatno� �on�issiorn R�le � 10. � 1��d1��7), a com�tr�,c�� er�g�ged n� a b�n�dli�g o� c�r�,s�c��on p�o�e�t �o� �. g�ve�ent e�t�ty� As �eq�ire�. ta ��s� a �.otnce o�. e�.c�. p�oj �c� snt� xm%r��g �.11 ��s��s pxov�d��.g se�vices �n� ��ie pro� ect �J��.� ��y �� ec��nred t� 1be �ove�ed by wor�ers° �o�pe�satn�� i�s��.�.ce. �'��e no�i�e req��r�d� 1by thns aru�e c��s rnot sa.tisfy o�I�ex �O�s�im�� re��.remn.ern�s ��osed 1by the '�exas �W�r��rs° C�n��ens�.�non Act �x �ther ��xm�iss�on r�.1es. �'l�is �o�ice ��s�: �� 1be ��sted� i� ��glis��., S��.rnisl� arnd a��y �t1�ex 1�.m��age comn�orn ta �I�e ern��y��'s en�p��y�e �pm�pul�.��; +�2� 1be c�isp��.yed o� e�ch ��+�t s�t�; ��) ��e I��vc� �. �e��orn n��.y� verify c�ex�� c�r��z�.ge �nd� �epa�t �'an�u.�� t� p�ov�de cove�age; �4� be �a��.t�d v��u � t�t�e �� at le�,�� 30-p�i�t �� yp� a�.dl �ex� �n at Iea,st 19��ox��t ��rr�n�.� ty�oe; �,�d� ��) �or�tair� t�e �xact v�ro�c�s �.s �r�escxibed i� �u�e � 1�.1� 1�{d)�7) wi��ou� ad�i�i�na� w�rd.s o� c��.aarnges. T�-le ��tice on t�e xeverse s��1e r�e:;ts t�ie above �ecyuire�er��s. Fa�lure to post -�e not�ce a.s requi�ed 1by �th�s z�� is a viola.�ion ��'��e Ac� �c� co�rn.�rziss�on a�a.�les. '�'t�e vxoYator rm�y be s�b�rect to adnnimgstr�.�ive �enalt�es. r ,� r� J � � � � �� ,� � i � ,� �� ' '` "� � � �'�e ��.w �ec��i��s �I�a� e�.��i ��s��. ��I�nr�� o� �1�is site or ��-ovidir�� se�i�es �ela�� to �h�s co�st�.c��. p�oj�ct rr��s� �b� �over�� 1�y �=�.��k.��s° c��m�pe�sa��x� i�s��.nc�. �`�is inc��.des p��so�s p��v��ing,l�au�i��, o� de�iver��g �c��pr�ei�� o� ��.te��.�s, �r �p�ov��.��g ��.1bo� o� t�ar�s��i�t�.tio� o� ��.he� service re��.ted t� ��e p��ct, reg�.r��ess o� t1�e ��t�� of ��en�r e�a.�p�o�e� �� sta�s as a� ��p��e�. C�.l� t1�� Te�.as �To�I��s� �;��npens�t�o�. ��ssi�r� �.t 5� 2--��-�-3789 t� xe�env� ��ro��,t�o� or� the ��g�.� xeq��re��er�� fo� cover�.ge, �o v��i�r v�het�� y��a� �r�p��yer h�.s ��o�ided tl�� e��iredL cov��ag�, �� o ��p�r� a�n er��oyer�s ��i�u�� t� ��i�.e ��ve��.ge. � , �:� � . . , �� r ' �` � ,�: � 1. � 1� ,� JJ' ,' , ,� ��, �., - , , �� , � �rr �La �� e��.�ea�� q�� .�.a p��=s�r��. �cr�,b�.j�� i �s�e siti� � p��c��r�a se�vnci�s ��lac�o�a��os �o� es�e �x�y�ct� d�e �ox��cc�c�r� �i�� q�e es�a�r cul��ex-�o p��r �.seg�ra.nza dle ��a��ei�sacion p�.ra� ��.�b�.�a��res. �s�a �nc��y�e �pe�s�r�a,s c��a� �r�9��xc�o��.r�, c�.xga�z, ��t�ega� eq��p� o ��.�eri�,l�s o ��po��o��.n ��.x�� .e �b�xa., t��.�s�o�tc�.n, o ��.alqu�ex se�v��io �e��.�io�a�o ��n �s�� pxoyec��, s�� co�s��.e��.r la ��e�tid�.d �el ��.t�o�� est�.do de1 erm�l�a�.�. Ll�,m�e �. �a C��.is��r� T�� .r��. �.� �or��e��sac�o� ��.r�. �'��.lb�.� �d��-es �.1 512- 44��--37�9 p�.xa �e�ibix ir��x��.�i�� .� los x�q��exir�.�r��os �eg�.les d� c�be�.i�a, �a�� ve��c�.x s� su pa�ro� �e h� p�op��c��r��do 1a� c�be�r� �eq��a o �pa�a r��o�ta� �alt�. �I�� a�.t�o� ei� p�op�rc��n�.rl� ��ber�u TECHNTCAL SPECIFICATIONS DIVISION 1- GENERAI. REQUIREMENTS SECTION 01100 - SUNIMARY OF WORK The Gontractaz shall su�pply a�I superintendence and sk�all perform all work and t�umish a11 Ya6or, equipment, rr�aterials and incidentals necessary and comple�e aIl wark as d�scrii�ed in t1�e plans and specificativns. A11 constr�ictian and other work shall be done by tl�e Contractor in accordance with the best engineering and construction practices far the skill or trade involved. The work to be accomplished under these plans and specifications for: EASTOVER, LITTLE PEOPLE, MADDOX, AND MCDONA.LD PARKS includes: Site 1 equipment demolition, site gradi�►�, de�rr►olition of existing pIaygraund and iustailation af new play��ound eqnipment and park amenities as per cons#ruction documents. � These plans and specifications were prepared by tlze Parks and Community Services Department. Tha D�partmen.t of Engineering will administer the con�ract and furrush inspection. � . In addition to project per#'ormance stated above, the Cantractor shal� also be respansible for: 1. Setting all praj ect layout dimensions and final finish g�ade elevations in accordance to plans, � All such survey wark shall be pex�ormed by a Registered Surveyor in the State of Texas and verification pro�ided to the City 1:hat such 5urvey work complies to p�az�s and specificafions. � 2. Attend al1 project progress meetings as scheduled by the City and prQvide updated pxoject , schedules within 3 working days upon request by �he City. � The applicable items contained in the Standard �becificafiions for Street and Storm Drain , Constr�ction for the City of Fort Worth, Texas, shall apply to this contrac# just as though each were incorporated in these documents. Wh�re the pravisions or specifications contained in thase documents are contrary ta this publication, this publication shall govern. In case of canflict , between plans and specifications, the plans shall gavern. A copy of the Siandard �pecifications �or Street and Storm Drain Construction can be purchased at the office of the Transportation and ' Public Works D�partment , 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort � i�7nrt}�, T�xas. The Contraetor shall provide �11 permits and licenses and pay all ck►arges and fees, and giv� all notices necessary and 'zncidental to the due and Iawful prosecution of the work. The Cantractor shall contact the City of Fort Worth's Development-Plans Exam Section for a d�termination of � applicable permits or variancas required for �iis project. SECTION i�1�35 - COI�ETRACT'�IME � GENBRHL RLQUIREMBNTS .i i.ol PROGRESS .ANI7 COMPLETIQN Upon receipt of a no�ification letter and the execuied construc�ion contract, th� Contractor shall be responsible far scheduling a preconstructian con�erence, which shall be held no later than ten tivarking days from the date of the notification l�tter. At the iime of the preconstructian conference , a construction siart date shall be established and indicated in the Notice to Proceed (Work Order) zs,�ued by the Engineering Department. The Contractor shall begin the work to be performed under the contract on or before ien vworking da�s from the date the Work Order is issued. The Contractor shall carry the �rork farward expeditiously with adequafe farcas and shall complete it within fhe period of tirne stipulated in the contract. 1.02 L�QUIDATED DAMAGES This project will be campleted wi#hin the specified days allowed. Liquidated tlamages wiil be assessed if the project runs over the allotted time. SECTION 01140 - ALTERNATIVES The City rEserves the right to abandon, witl�out abligation to the contractvr, any part of the praject (subject to canditions set forth in Section a1150 - Payment to Contractar) ox the entire proj ect at any time befare tkze Contractor begins any construction work authorized by the City. SECTION �1154 - PA'YMENT TO CONTRACTOR 1 A1 SCOPE OF PAYMENT: The Contractor shall accept 1:he compensation as providad in the contract in full payz�n.eni for furnishing and paying for all materials, supplies, subcontracts, labor, tools and equipment necessa.ry to complete the wark of the contract; for any loss or damage whach may arise from the nature o�the work from the action of the eleme�rzts, or from �ny unforeseen difficulty which may be encouni�;red in the prosecution of ihe work, until the final aceeptance of the wark by the City; for all risks of every description connected with the prosecution of the work; for all expenses and damages whieh might accrue to the Contractor by reasan of delay in t�e initiation - and prosecution af the work from any cause whatsoever; for any infringement ofpatent, trademark or copyrighi, and for campleting the work according to the plans ancUar �pecificatians. The payment o� any current ar parti�l estimate shall in no way affect ihe obligatioz�,� of the Contractor to repair or remove, at his o�vn expense, the defective parts af the construction or to replace any defective materials used in the eonstruction, and to b� responsible for aIl damages due to such defects if such defects ar damages are discovered on or before ihe final inspection and accepiance of the wark. 1.02 Partial pay estimates shall be submitted by the Contractor or prepared by tYie City on the 1 st day and 15th day of each month that the vvork is in progress. Estimates wilI be paid within 2S days following the end of the estimate period, less the appropri.ate retair�age as set out below. Partial pay estimates may uiclude acceptable nonperishable G�NERAL REQUIRBM�I�ITS -2- rnaterials deli�ered to the work place which are to be incorparated into tkxe work as a permanent part ihereof, but which at the tirne of the pay estimate have not been so installed. If such materials are included vcrithin a pay estitnate, paymeni shall be based upon 85°/n of the net invoice value thereof. The Contractor wiIl furnzsh the Engineer such infozmation as may be reasonably r�c�uested ta aid in the verification ar the preparation of the pay estimate. 1.03 It is understood that the partial pay estim.ate amounts wi11 be approximate oniy, and all partial pay estimates and payment of same will be subject to correction in the estirna�e rendered fallowing the discovery of the mistake in any previous esti�nate. Payrnent of any partial pay estirnates shaIl not be an admissio� on fhe part of the Owner of'the amorznt of work done or of iis quality or sufficiency or as an acceptance af the work dane, nor shall same release ihe Contractor of any of its responsibilities under the Contract Docurnents. 1.U�4 The City reserves the right to wit%hold the payment of any partial e�timate ifthe Con�r��tor fails to perfarm the work in stric� kccordance with the specificatians ar other provisians of this Contract. 1.05 For �eontracts of less ti�an $40U,000 at the time o� execution, retainage shail be 14 �ercent, For contracts of $400,000 or rnare at fhe time of execution, retainage shal� �� percent. 1.Ob �ontractor shali pay subcontractars in accord with the subcontract agreement within five business days after receipt b� Contractor af the payment by Ciiy. Contractor's failure to make the required payment to subcontractors wi1l autharize the City �o withhold future payments froxn the Contractor until compliance with this paragraph is accomplished. 1,07 �'antractor he�eby assigns to City �ny and all clairns ��r a�ercharges associated wi�h ihis contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1 et se�c (1973}. 1.�8 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter � the quantities of �he work to be performed or to extend or shorten ihe impxovements a# any time when and as found to be necessary, and fihe Contraetar shall perform the work as al#ered, increased or dacreased at the unit prices. Such increased or decreased quantity shall not be more than 2S percent of the conternplated quantity of such item or items. When such changes increase ar decrease the original quaniity a�` any item or items of work to be done or materials to be furnished by the 2S percent or rnore, then eiih�r party to the cantract sha11 upon written request to th� other party be entitled to a revised consideration upan thaf portion of the wark above ar beiow the 25 percent of the oziginal quantity stated �n the praposal; suc� revised considera�ion to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will b� made %r ariy changes in aniicipafec� profits nor shall such changes be considered as waiving or ;.r,validating any conditions or provisions af the Contract Documents. GENBRAL REQUiI�M�NTS .�_ 1.09 PAYIVIENT FOR EXTRA WORK: Extra vvork p�rformed 6y the Cantractar, ihat is authorized and approved by the City Engineer, will be paid for ui�der "Change orders" �nade in the manner hereinafter descrihed, and the compensation thus provided shall be accep�ed by the Contractar as paymeni in fu11 for all labor, subcontracts, materials, tavls, equipment and incidentals, and for all supervision, insurance, bonds and al1 other expense of what�ver nature incu�xed in the prasecution of the extra work. Payment for extra wark will be made under one af the following types of "Change arders" to be select�d hy the City: � A. Method "A". By uni� prices agreed upon in tha. contract or in writing by the Contractar and City Engineer and approved by the City Council before said extra wark.is comrnenced subject to all ather conditions of #he contract. B. Methad "B". By a lump sum price agreed upon in writirig by tkie Contractor and City Engineer and approved by the City Council befare said exira work is cornmenced, subj ect to alI other conditions of the cantract. C. Method "C". By actual field cost of the work, plus 15 percent as described herein below, agreed upon in writing by the Contractar and City Engineer and approved by th� City Council after said extra work is completed, subject to all other conditions of the cantract. �In the event extra work is �a be perforrned and paid for uz�der Method "C", the actual f eld casts of the wark wzll include the cost of all warlanen, foremen, timekeepers, n7ec�zanics and lat�orers wozkiz�g on said project; all used on such extra work on1y, plus all power, fuel, lubricants, wa�er and similar operaiing expenses; and a ratable proportion of prerniums on performance and payment bands, public liability, warkmen's compensation and alI �ther in�urance required by lavv or ardinance. The City Engineer will direct ihe form in which the accounts of actual field cost wi�l be kept and wi11 r,ecommend in writing the meihad of daixag tl�e work and the type and kind of equiprnent �o be used, buY such extra work wi11 be perfortned by the Contractor as an zn.dependent con�ractor and not as an agent or employee of'kb.e City. The 15 percent of the actual field cost to be paid the Contractar shall cover and compensate hun for profit, ov�rl�ead, generai super�ision and field office exp�nsa, and all other eleme;�ts of cost and expense not embraced within the actual �eld cost as berein specified. The Contractor shall give the City Engiineer access to all accounts, bills, inwoices and vouchers relating thareto. 1.10 DELAYS: If delay zs caused by specific orders gi�en by the City to stap �vork, ar by the perforrnance of extra work, ar by the failure of the City to pravide z�r�aterial or necessary in,�tructions for carrying on the work, then such delay will entitle the Contractar to an equivalent �xiension of time, his application for which shall, however, be subject to the approval af the City Council; no such extension of iime sha11 release t�e Contractor ar the G�NEx�.�, x�Q��xE�urs -4- �r s�rety on his per�'az-r�ance bond from a�i his obligations hereunder which shall remain in full force untiI the discharge of ihe contract. 1.11 CL�IMS .AND DAMAGES: Any cla.�ms far extra work or for ar�y oth�r related maiter ar cause must be made in writing to the City Engine�r within seven calendar day� from �nd af�er the cause or claim arises. Unless such claim is �so presented, it sl�all be held that Ghe Contractor has waived the clai.�m, and he shall not be entitled to receiv� pay thereof. 1.12 TR,ANSPORTATION: No allawance or deduction will be made far any charge of freight rates. Nc� allowance for tra.nsportation of rrxen, materials or equipment will be allowed. L 13 ACCEPTANCE AND FINAL PAYMENT: The City, upon receipt of the Direcior's "Certificate of Campletian" and "Fina1 Estiz�aate" and upon receipt of satisfactory evidence from th,e Contractor that all subcantractars and persons furnishing labar or materials have been paid in full and all claims af damages to property or persons l�ecause af the carrying on of i�is work have been resalved, oz the cl�ims dismissed or the issues joined, shall certify the estirnate far �n.al payment after previous payrnents have be�n deducted and shall notify the Contractor and his surety of the acceptance a�'the projec�. •- On projects divided into tvva oz' more units, the Contractor may request a final payment on on� or rnore units which have been completed and accepted. ' On delivery of the final pay�ne�.t, tl�e Contractor shall sign a written acceptance of the ,' ; final estimate as paymeni in full for the work dane. All prior partial est�mates shall �e s�bject to correction in the fnal estimaie and payment. The project shall be deemed accepted by the City of Fort Worth as of ihe date that t.�e final punch Iist has been completed, as evidenced by a written statement signed by both the contractor and the City. The warranty periad shall begin as af the date that the final punch Iist has been com.pleted. SECTTON 013Q0 - SUBMITTALS rric�r tn r�nstn�ction, the Contractor shall furnish the Parks and Cammunity Services Department a sc�edule outlining the anticipated time each phase of construciion �vill be�in and be completed, including sufficient tirne �oz' turf establishment (if applicable) and project clean-up. 1� The Can�ractor shall subrnit ta ihe Project Manager shop drawings, product data and sarnples . required in specification sectians. Refez to Section 01640 —1.02. � ' SECTIOI�i 01400 - QUAL�TY CONTROL The Contractar will receive all instructions and approvals from the Director of Engineering � andlor his assigned inspectars. The inspector will be in�raduced to the contractor prioX to begixzz�ing work. Any work done at the direc�ion of any other authority will nat be accepted ar t3L�NEii�1L �tEQUIREMENTS _5_ paid far. Finai approval for the fnished proj ect shail be given by the Director of En.gineering, City of Fort Worth. � The Cantractor or a competent and reliable superintendent sk�all oversee the work at aIl times. The superint�ndent shall represent the Contractar in his absence and alI direciions given to him shall b� binding as if given �o the Contractar. S�CTION 01410 - TESTING All tests made by the testing laboratory selected by the City will be paid far by the City. Zn the evei�t manufacturing certificates are rec�uested, they sha1l be paid �'or by the Contxactor. SECTIUN 01500 - TEMPORARY FACILTTTE5 AND CONTRQLS The Contractor shall take all precautions necessary to protect aIl existi.xzg firees, shrubbery, sidewalks, buildings, vehicles, utilities, e�tc,, in tk�e area where the work is being done. The Contractor shall rebt�ild, res#are, and make good at his own expense all injury and damage to same which may re�u]t from work being ca.rried out under ihis contract. The utility lines and conduits shown on the plans are for infoxmation only and are not guaranteed by the Owner to be ac�urate as ta locatian and depth; they are shown on tl�e pians as the b�st information ava.ilable from the owners of the utilities involved and froin evidences found on the ground. The Contractor shall detarmin� the exact lacation of all e�isting utilities and canduct his work to prevent interruption af sezvice or da�mages. �AFETY RESTRICTIONS - WQRK NE�R HIGH VOLTAGE LINES A wamil�g sigri noi less than five inches by seven inches, painted yello�v �vith black letters that are legible ai iwelve f�et, sh.all be placed inside and autside vehicles such as cranes, derricks, power sho�el, drilling xigs, pile drivers, hoisting equipment or sirnilar machinery. The warning si�m shall read as :follows: "WAItN.[NG - UNLAW�UL TO OPERATE THIS EQUIl'I�IENT 4- WTTHIN SIX FEET OF HIGH VOLTAGE LINES." Equipment that may be opezated within six feet of high voltage lines s�all have an insuiating eage-type guard abou# the boom or arm, except b�.ckhoes ar dippers, and insulator links on the lift hood cannections. When necessary to work within six feet af high voltage electric lines, the Contractor shall notify power company (TU Electric Qr the appropriate power supplier} to erect temparary n�.echanical barriers, de-energize the lix�e, or raise or Iower �ha Iine. The cantractor sha.11 maintain a log of all such correspondence. The Contractor is responsible for all costs incurred, C`rENERAL REQUTREM�NTS -6- SECTION 01640 - SUBSTITUTIONS AND PRODUCT OPTIONS f�� __ ►e��1�7:�� Send subznittals for substitutions to: David Creek, Senior Praject Manager (81� 8i1-�'�45 � Parks and Community Services Department 4200 S. Freeway Suite 2200 ` Fort Worth, Texas 76115-1499 �.02 PRODUCTS LIST A. Within five (�) Working Days after cQmrnenc�menf of work, the Contractor shall suhmit to the Projeci Manager tr�vo {2) copies of complete list o#' alI specxfied �roducts and submittals for review and approval. B. Tabulate list by each specification section. �, t�or products specified under reterence standards, izxclude with listing of each produet: 1. ��Vame and address af m�nuFacturer 2. Tr-ade name 3. ;1![odel or cataIog d�signatian � �. ;�Jlanuf'aatu�-er's data , . .a. Performance and test data l�, 1� eferenc� standards i ]�_ Specified mat�rial s�hall not be orc�ered by the Cantaractor until �uch time prod�ct � material subzxiittals have been receivEd, reviewed and approved by tha project �c�nsuYtan# and / or City. � , I ; 1.03 CONTRA�CTOR'S �PTTUNS ` �. For products spacified only by r�ferenGe standards, �+�lect any product which meets i suc1� standards from any ma.nufacturer. , �. �oz �rod�ets ;pecified by naming several �products or manutacturers, select �ny � product and manufacturer natned. C. i�ar products �pecified i�y naxning one ar mare praducts, the Contractor must � submit r�quest, as require�t for substiiution, for any pxoduc� nat specifically naamed. 1.04 SUBSTITLTTiONS � GENERAL R�QUIREM�NT,S -7- 1.04 SLIBSTITUTTONS A. Duri�g bidd'uzg, tl�e Project Manager vvill considex written rec�uests froin Prirrie Bidders oi�,{bidders submittiz�g Bid Proposals for the constructioii of aIl �vork} for suUs�itutioi�s wl�ich az�e xecei�ed at least fifteen (15} Wor�Cing Days priar ta bid date, excluszve flf the bid opeiiing date; requesis received after fhat tinae will nat be consadered. B. Withiu t��u-ry (30) caiendar days after date af Coniract executian, the 1'roject Manager will coi�sider formal requests from Cpntractor �or substitution of products in place of tllose specified. C. Submit two (2} copies of request for substiiutian. Include in request: I. Coinplete data subsiantiating compliaxice of proposed substztution with Contract Documents. 2. For products: a. Product ide�ltificatian, including n�az�uf�.ctuxez•'s i�.ame �id address. i�. M�aufacturer's literature: (1) Produci description (2) Perfarnlaslce and test data (3) Referenc� standards c. Sa�nples, if required. d. Name aild address of similar projects ou whicli product was used, and date of i�7stallation. D. In nlalcing request for sul�s�itution, fhe Pri�1�e Bidder / Cn�itractar represents: l. That il�e Prz��le Bidder / Contractor has personally investigated pxoposed �raduct ox• methad, and determined t��at it is equal or superzor i.n all respects io that specified. 2. That tl�e Prii�ze bidder / Co��tracto� will provide t��e saane guaraz�tee {or better) for substituted product a� z��et�lad specified. 3. That tlie Priine Bidder / Co��.tractor wzll coordinate i.x�stallation. oF accepted_ subsiitutio�i inta �vork, malcing sucla claanges as znay be required for worlc to be complete i� all respects. �. That the Prinle Bidder / Contractor v�aives ail claizx�s fox additional costs related to substitutian wlucl� consequently Uecame appaxent. E. Substitt�tions uri11 nat be coilsidered if: 1. They are indicated oa• iznplied an shop drawings or �roject data submittals wiihout forinal request subxnitted in accard with Paragra��h 1.04. 2, Accepta.ilce will requixe substantial revisinn of Contract Docuinents. 3. Substitutiail requests are subXi�itted after thirty {30) days froin the daie of the executed co�ltxact. GENERAL ItEQLiIREMENTS -8- SECT��DN 01700�- PR4JECT CLOSEOUT 1. Q 1 CLE.ANING The Contraetor shall make f nal clean-up of the constructian area, to the satisfaction of , the Faxks and Community Services Department, as soon as canstYuction in tk�at area is '� completed. Clean-up shall rnclude rernoval of all constructian materials, pieces of ,-. concrete, equipment andlor ather z-ubbish. No rr�ore than five (5) days shall elapse after the completian of construction before ihe area is cleaned. Surplus materials shall be ` dispased of by the Contractor, a� this own e�pense, and as directed by the Parks and , Cammunity Services Depa.riment. Cleaning of equipment by Confractor or ' Subcontractor, such equipment as cement mixers, ready-mix trucks, taols, etc., shall take place zn an area designated by the Par�Cs and Community Sezvices Deparlment. 1.02 WARRANTY The Contracior shall be res}�onsible for defects in this project due to faultyworkmanship or materials, ar both, for a periad af one (1) year frorn the date that the final punch lis� has been completed. Refer to Section 01150-Payment To Contractor — L 131 Acceptance And Final Payment. The Contractar will b� required ta replace, af his own expense, any part, or all, of this �roject whiah becomes defective due to these causes. SECTION 01800 - CONTRA�CTU]R.'S ItESPONS�BYLYTY FOR 1DAii�IAGE CL.�,�.MS Contractor covenants and agrees to indemnify City's engineer and architect, arzd their personnel at �he project szke iar contractor's sole negligenee. In addztion, Contractor eovenants and agrees , to inde�lnify, hold harmless and defend, af its own axpense, the Owner, its afficers, servants and employees, from and against any and all claims or suits for property loss, property damage, persanal injury, including death, arising out of, ar al3eged io arise out a�, ihe work and ser�+ices to be performed hereunder by Contractor, its officers, agents, employees, subconiractors, licensees or invite�s, whether or not an� such iniurv. dama�e or death is caused, in ryhole or ' i� �aart, bv the negli$ence or alleged ne��i�e�ce of Owner, its officers, servants or employees. Contractar likewise cc►venants ar�d agxees to indemnify and hold harmless the Owner from and against any and a11 injuries to Owner's officers, sErvants and employees and any darriage, loss or �estruction to property of the Qwner arising frozxi the performance of any of the terms and coanditions of this Contract, whether or not anv such iniury or dama�e is caused in whole or in �art bv the negligence ur alleged negli�ence of Owner, its nf�cers, servants or emp�oYees. In the event Owner receives a vvritten claim far damages a�ainst the Coniractar or its subcontaractors prior to final payrnent, final payznent shall nat be made until Contr�ctar either (a) � subm.its to Owner satisfactory evidence that the claim has been seitled andfor a release from the claimant invol�ed, or (b) provides Owner wifili a letier from Contractor's �iability insurance carrier that ihe claizn has been referred to the insurance carrier. � GENERAL REQUIREMENTS � -9- The Directox may, if he deems appropriate, refuse to a�cept bids on any other City of Fort WQrih public work from a Contzactor against wham a claixn for damages is outstanding as a result nf wark performed undex a City Contract. END OF DIVISION CENERAL REQUIREM�NTS -IQ- :�ECT�ON 02140 - S1TE YTND�R.DRAINS PART I - GENERAL 1.01 SCOPE: VVork in this section includes furnishing all labo:r, xnaterials, equipment, and services required to constr�ct ur�derdrains to the required lines, grades, and cross sections as specified herein and on the plans. 1.02 REL�-1TED WORK SPECIFIED ELSEWFIERE: ,P�. �Lction 02300 - Earthwark. B. aection 03300 - Cast-in-Place Concrete PART � - PRODUCTS 2.01 UNDERDRAIlV PIPE: Pipe and fitiings shall �e flexible, corrugated tubing manufactured of high�density polyethyler�e r�sins and conforming to ASTM �'roduct Specifications F-405 and F-667. Drainage -�ubing shall be as manufacti�red by Advanced Drainage Systems (ADS), Inc., o� Columb�,s, Qhio. The local �nanufacturing plant which wi11 pravide a last of suppliers is in Ennis, Texas - telephone (21�) 875-6591, A. Perfor�.ted Pipe: Perforations shall be linear slots cut radially into the tubing wa11 between corrugations. Perforaied pipe will be furnished complete with �he Cerex nylon "Drain Guard" scrEen. The screen will completely surraund ihe pipe and will l�ave a lapped, welded langitudinal jainfi. ,, B. Non-Perfarated Pipe: Non-perfarated �ipe shail be used for collector lines which convey the water from perforated pipe to the concreie inlet or outfall. C. Fittings: AlI couplings, reducers, tees, �lls, plugs, caps, and other fittings shall be non- perfozated and shall be of the same manufacturer as the drainage tubing. A fi#ting skall be used at each pipe jUnction/termination, as appropriate. 2.02 FYLTER MATERIAL: Filter m.aterial for use in backfilling trenches o�er a.nd around `' underdrains shall consist of 1 1/2" to 2" gravel washed free of organic or ather deleterious � + xnatter. �� 2.03 FILTER F,ABRIC: Fi�ter fabric to line and lap aver gravel filled s�bdraiun trench shall be � 3 Mirafi 140N drainage fabric as rnanuiactured by Ce�anese Co�poration, (800) 223-9811, or appro�ed equal. � � PART 3 -� EXECUT�ON 3.01 VERTICAL AND HORIZONTAL CONTROLS: A. Th� Cantractor shall establish oz' shall employ a licensed surveyor to establish a111ines and grades necessary for each stage of the work described herein. STI'E iJNDERDRAIIVS fl2l �4D -1- B. Pro�ide blue tops for reference in dressing trench bottams at inte�rvals not to exceed 30 feet along the centerline of each trench. 3.02 i.TNDER.l�RAINS: TrencI�es for undez-drains shall be dug after t31e subgrade is prepared. The excavation of each trench shall bagin at its outlet and proceed toward its upp�;r end. The trench must not be excavated below the proposed grade line. Trenches wi11 be cleaned of all loose material an.d their bottoms will be dressed and fine graded to blue tops set as previously described. Trenches shall be lined with filter fabric and underdrain pipe shall be set on the trench bottom. A11 fitkings shall be securely coupled and a11 open ends will be capped. The pipe shall be carefiilly covered with the gravel filter rnate�ial and the filter fabric shall be lapped ov�r the trench. Care shall be t�ken not to damage the pipe or its fabric filfer screen. Underdrain pipe shall be cannected to saIid pipe joints and to out�'all at the concrete structure/collar as indicated in the plans, Caz�e shall be taken not to loasen or cave-in the trench walls. Any such damage will ba excavated and will be backfilled in mechanically ta,inp�d lifts not to exceed eight inches and will be re-constr�zcted. 3.03 SETTLEMENT: After the trench has 3aeen backfilled it shall ba thoroughly soaked. Tiiis process shall be repeated twa tirnes allowing the backfill rnateri�l t� dzy twenty-four hours before wetting again. END OF SECTION SITS L7NDERDI2.AINS a2144 -2- 5ECTION 0��00 - SITE PREPARAT�ON PART 1- GENERAL 1.01 SCQPE: Wark in ihis section includes fiirnishing all Iabor, materials, equipment and services requzred far cleaxing and grubbing, demolition, and removal and disposal of items as specified herein and on the plans, 1.02 RELATED WORK SPECIFIED ELSEWHERE: A. �ection L�2300 - Earthwork �. Existing Conditions, RemovaI and Dernolition It�rns, L�A�T 2 — �1RODUCTS 2.U1 �`vo producis are sequired to execute t�us ��+ork, �xcepi a� the Contractor may �ieem necessary. PART 3 — EXECUTION 3.0� CLEARIl�TG AND GRUBBING: A. Clearing and grubbing shall consist of removing ?11 s�att�r�1 ane� arFifiriai ;,�.� ectinnahle materials from tl�e proj ect site or from limiied areas of constru�ctifln specifie� w%tilun the 5it�. L3_ In general, cl�aring and grubbing shali be performed in advance of grading and eartnwark aperations and shall be performed over the entire area of earthwark �peratians. �C. -l�illess at�ez�wise specifiec� on the pians, �.�.i trees and shrubs of three inch (3") caliper or �ess lcaliper is tlie diameter as measured twelve inches (12") above the ground} and all . scrub graw�h, sucI� as cactus, yucca, vines, and shrub thickets, shall be cleared. A11 dead trees, logs, s�umps, rubbish of any nature, and other surface debris shali also be cleared. D, Buried materia� such as logs, stumps, roots of downed trees tha# are greater �an one �� and one haliinches (1-112'°) in diameter, matted roots, rubbish, and foreign debris shall be grubbed and re�noved to a miniznum depth of iwenty faur inches (24") below pxoAosed finished grades. ; F, Grc�und cover consisting of weeds, grass, and other herbac�r�u�s vegetation shall be � r�moved prior to stripping and stockpiling topsoil from areas of earthvwork operations. �_ �uch rernoval shall be accomplished by "blading" o�f the uppermost layers of sod or r�ot-matted soil �'or removal. +;ITF PR FpAT2ATTQN i122UU •y- 3.02 PAVEMENT REM�VAL: A. Bituminous and concrete pavements shall be removed to neatly sawed edges. Savv cuts shall be full depih. I� a saw cut in concrei� pavement falls within ihr�e feet (3') of an en �xisting scare joint, construction joint, saw joint, cold joint, expansion joint, or edge, the concrete shall be removed to that joint or edge. All saw cuts shall be parall�l andlor pezpendicular to the line af existing pavement. If an edge of a cut is damaged subsequent to saw cutting, ihe cancrete shall again be sawed to a neat, sfraight line for the pLupose of ramaving the darnaged area. B. Concr�te curb and gutter shall be rezxioved as specified above. No section to be replaced shall be smaller than thirty inches (30"} in length or width. 3.43 UTILITIES REMOVAL: Tn general, those utilities on the site that are to be remo�ed and that belong to the Owner shall �ae rernoved by tbe Co�tractor. The Owner is respansible far arranging the relocation or removal of other utilities owned by utiliiy companies or other pazties. 3.04 MINOR DEMQLITION: Theze rnay be certain items on the site such as old building foundatians, fences, and other undetermined structures and improvements that must be removed before construction can commence. Unless otherwise specified, such items hecome the property of the Contractor for subsequent disposa�. 3.05 USE OF EXPLQSIVES: The use of explosives wiIl not be permitted in site preparation op�rations. 3.06 BACKFTLLING: AlI holes, cavities, and depressians in the ground caused by site preparation operatians will be backfilled and tamped to normal compaction and w'rll be graded to pre�vent panding af water and to pramo�e drainage. Should any excavaied hale ar caviiy be required io be left open over night, t�e Contractor shall be respansible to provide barriers and / or coverings to enhance on site accident pre�ention �neasures. 3,07 DISPOSAL OF WASTE MATERIALS: A. Unless atk�ez-wise stated, materials generaied by clearing, grubbing, rernoval, and �- demolition shall be known as «WaSt�� ar"spoils" and shall be rernoved from the site and disposed of by the Contractar, Sinular materials may be unearthed or generated by earthwork operations or by subgrade pxeparatian. Unless otherwise specified any m�rchantable itezns become the �roperty of the Contractor. END OF SECTION SITE PREPARA7"ION 02204 -2- SECTION 0�300 - EARTHWORK PA,R�' � -GENERAi, 1.01 SC�PE: Work in this section includes furnishing aIl labor, rnaterials, equipment, and services required to consti-ixct, shape, and finish earY�wozk t� the required lines, g�rades, and cross sections as specified herein and on the plans. , 1.42 RELATED WORK �PECIF�ED ELSEWHERE ,A.. Section 422Q0 - Site Prepara�ian. B. Gzacling Plan: Re�ez' to plan sheets. 1.03 METHOD OF PA�MENT: Earthwork is a r�eces"sary and incidental part of the wo�k. The total cost will be inclufled in the Bid Proposal. Payment will be made on a Lump Sum basis only. PART2-FRODUCTS 2.01 LTNCLASSIFTED EXC,A.VATI�N: Unclassified excavation shal� consist of all excavatian, unless separately designated, within the ]imits of the wark. Unclassified exca�ation include5 �i�y material encountered regardless of its nature or the ma�nner in which it is to be excavated. 2..02 lJNCLASSIFIED FILL �'1. Unclassified fill sha]I consist c3F �� fill withi�n t��e �imxts �� the �work. AlI suitable native materials removed in unclassified excavation, ox similar imported matezials, sha11 be uGed insofar as practicable as unclassif�ed fill. Properl� deposited, conditionad, and cnmuacted �'i11 is hereinaftez referred ta as "earth embankment." B. Rock: IVlinor �uantines of rock not greater than four inches in greatest dimension are permissible in fill xriaterials used to canstruct earth embankment. Minor� quanti�ies of roc.k of greater dimensions znay be placed in the deeper fills in accordance with ih� �tate Department of Highways and Public Transportation reqr�.izerments for construction of rock ernban�nents, provided such placement of rock is not immediately adjacent to structures or piers. Also, rock �may be placed in the portions of embanktnents outside the Iiznits of the completed graded widih where ihe size of the rack pxohibits t.heir incorporation in the narmal embanl�aneirzt layers. 2.03 TOPSOIL On-5ite Tapsoil: Topsoil shall consist of an average depth of six inches {6") of n.ative sur�'ace � soil left in place after t�a graund cover of herbaceous vegetaiion and other objectionable matter has been cleared by "blading," as specified in Section 42200, "Site Pz-eparation." Tapsail may be greatsr or less, than the upper six inches (6") in depth. t=,a��'xwoiuc ��z�oo -�- 2.a4 IMPORTED FILL A. Iniparted fill matarials shall be used for the construction of earth embai�kmen� in tk�e event that (1) the vo�uzx�e of unclassified e�cavation is less than the volume of fill required for earih embankment andlar {2} ihe condition o�materials removed zn unclassified excavation mal��s them unsuitable faz use in the constnzction af earth embanl�ment. B. The Cantractor shall haul and place imported fill obtafned from aff-site sources as nece�sary to construct the embankinent and various other details of the constructian plans. All costs related to such import�d fill wilI be included in the contract price, and no additional or separate payment for ixz�parted fill will be du� th� Contractor. C. A sample af the proposed irnported filI must be provided by the Contractor and be approved.by the Owner. In general, imported mate�ial must be equal ta or better than native material in quality and engineering chaxacteristics. The Architectl Engineer may also require the Contractor to pr�vided a material analysis test of the proposed fill� 2.05 SELECT MATERIALS A. Select �naterials shall ba import�d from offsite sources, unless they are available from specifically designated areas an the site as marked an the plans. 2.06 UNSUITABLE MATERIALS A. Topsoil, select znaterial, imported fill, or unclassified �i11 wzll be declared as "'unsuitable" by the Owner if, in his opinion, any of the follovving conditions or mattar and particles are present to a degree tIaat is judged detrimental to the propos�d use of the material. l. Moisture 2. Decayed or undecayed vegetation 3. Haxdpan clay, heavy clay, or clay balls 4. Rubbish 5. Constructian rubble 6. Sand or gravel 7. Rocks, cobbles, ar boulder� 8. Cen�entious a�atter 9. Foreign matter of any kind B. L.Tnsuitable materials will be disposed of as "waste" as specifzed in Sectian 02200, C. Wet Material: If fill material is unsatisfactory far use as exribankment solely because of high moisture content, the Architect/Engineer rnay grant the Cantractor permissian to process the rnaterial to reduce the moisture content to a usable optimum condiiion. �aR�rxwax� 0230p -2- PART � - EXE�UTION 3.01 SITE PREP�RATION: Tn general, "site preparation," as specified in Section Q22pQ, shall be performed in advance of grading and earillwork operations and shall be coxz�pleted over the entire area of earthwark operations. 3.02 TOP�OIL A. The remova� and storage of topsail shaYl occur after site preparatian is complete and before excavaiion and embankment construction begin. Likewise, topsoil will be xeplaced after excavation and embai�lnnent construction are complete. B. RemovaL• Topsoil shall be stripped to an average depth af six inches (6") froznE areas where excavation and emba.nkinent construction are planned. Topsoi.l �nay be obtained ,, frorn greater depths if ii is uncontaminaied by the substratum and it is of good quality, i?� the �ninion of the Architect/Engiz�eer. , C. �toraKe: Topsoi� s�all be stared in stockpiles conven.iently iacated to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in � �ocations approved by the Owner or Architect/Engineer. Stored topsail shalI be kept , sepaxate frorn other exca�ated materials and shall b� protected froza� contamination by ' objectionable materials that would render it unsuitable, � D. Timing; '�`opsoil will not be replaced (deposited) until canstruction activities a�re complete f.hat would create undesirable conditions in the topsoil, s�ch as overcompaction or co�taminatian. Trenchiu�.g for items such as electrical conduit and � irrigatian pressure lines must be complete before topsoil replacement nr�ay begin. D. Replacement: TopsoiI will be deposited in a single layer or li�t. Tt will be placed, processed, compacted, and g�raded to leave a finished layer of tapsoil not less than five inches in depth. Unless otherwise indicated, topsoil will be replaced over all areas of earth�vtirark (including s�opes), except where pavement is planned. F. Grading: Topsoil will be final graded ta the elevations ,�hown on the plans. Fine grading wi11 be accomplished with a weighted spike barrow, weighted drag, tractor box blade, Iight maintainer, or other accep�able machinery. All particles of the finish grade _ shall be reduced to l�ss than one inch in diameter or the�r sha11 be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that top�oil does not become overcampacted. B�lldozer blades and front-end Soader buckets are nat accep�a�le devices �or topsoil grading operations. Final �rading wi�thin �ve feei of constructed or installed elements shall be hand rak�d. G. Acceptability: Finish�d areas o�topsoil are satisfactory ifthey are true to grade, true in plane, even in gadient (slope), uniform in surface texture, and of normal compactian. Areas of loose granular pockets or of overcampacted soils are not acceptable and will b� reworked. Finished areas will p�-omote surface drainage and w�Il t�e :ready far turfgrass planting. �a.xTxwoxx 02300 -3- 3.03 UNCLAS�IFIED EXCAVATI�N A. All excavated areas shall be maintained in a candition to assure proper drainage at aIl times, and dziches and sumps shall be co�structed and maintasned to avoid damage to the �eas under const,ruction. B. Sux�plus Material; 1. Surplus exca�ation is that quantity of maiez-�al that may be Ieft over after the gxading plan is executed, and a]1 earthwork aperations, including excavation, embankment consiruction, topsoil replac�rn�nt, aa�.d final grading, are completed. Any other surplus material sha]1 be disposed of as "�v�raste" as specified in Section 02200. AlI s�ch cost for removal shall be coz�sidered as incorporated into �artbwork casts C. Excava�ion in Rock: The u�e of explosives wi11 not be pezznitted. Unless c,thexwise iz�dicaied on the plasxs, excavation in solid �ock shall extend six inches (6"} belaw required subgrade ele�aiian for the eiitire width of the area under construction and shall be back�'illed with suitable materi�.ls as indicated on the plans. 3.Q4 EARTH EMBANK.MENT A. Eartll �mbankmeni is defined as en:abax�ment composed of suitable materials rernaved in unclassi%ed excavation and/or irnported �11. The caz�struction of embankment includes preparing the area an which iill is to be p�aced and the de�ositing, conditioning, and caannpactic�n of fill mat�rial. B. General: Eacept as otherwise required by the plans, all embankment shall be constructed in Iayers approxit�.ately parallel to the finished grade af the graded area, and each layer shall be so c�nstructed as to pro�vide a uniform slvpe as shown on the grading plan. Embax�krnents shall be constructed to correspond to tlle general shape of the typical sections shown on the plans, and �ach section of tkie embanktn�nt shall coz�respand to the detailed secfion or slopes �stablzsk�ed by the drawings. After completion of the gz�aded area, embankment shall be continuously maintained to its finished section and grade until th� project is accepted. C. Preparatian: Prior to plaeing any erzlbankn�ent, all preparatory operations wil� have been completed on the excavation sources and axeas a�er which the ernbankrnent is to �e placed. The subgrade shall be proaf xolled to detect soft spots, which if exist, shat��d be reworked. Proof rolling shall be performad using a k�eavy pneumatc tired roller, loaded dump truck, or simzlar pieee of equipment weighing approximately tweniy fiv� (25) tons except as otherwise specified for tree protection and areas i�r�accessible to vehicular compactors. Stump holes or ather small excavations in the limits of the emba;ilcments shall be I�ackfilled with suitable material and thoraughly tamped by approved methods before commencing ernbankment cflnstruction, The surface of tk�e ground, including plowed, Ioosened gzound, or surfaces roughened by small washes or otherwise, shall be r�stored to approximately its original. slope by blading or viher methods, an.d, where indicated on the plans ar required by the pwner, the graund surface, thus prepared, shall be compacted by sprinkling and arolling. EA12T�IWORIC 023Q0 -4- D. Scarification: Tk�e surface of all areas and slopes over which fill is to be placed, other than rack, shall be scarified ta a depth of a}apro�imately six (6") inches to provide a �ond bettiveen the existi�ng suxface and the proposed embaaalanent. Scarif cation shall be accomplished by plowing, discing, or other approved rneans. Priar to fill placernent, the �ooscned znaterial shall be adjusted to the pxoper moisture cantent and recompacted t� t�he density specified hereizx �or filt. � E. Benching: �cari�'ication is normally adequate far slaping surfaces. However, in certa.in � ases where fill is to be placed against hillsxdes or existing embankment with slopes gr�at�r than 4:1, iile Owner may direct �he Contractar to key ttxe f ll material to the existing slopes by bez�ching. A minimum af two %et (2') normal to the slope shall be removed and recompaciec� to insure that the z�ew wark is constructed an a firm Foundation free of loose ar distur�ied znaterial. F. Depositing: Fill maYerial shall be placed in laorizontal layers or lifts, evenly �pread, not to exceed eight (S") inches in loose depth befare conditioning and compaction. Unless , othervwise pez-mitted, each layer of fill material shaIl cover the len�h and widih of the area to be filled and sha11 be conditioned and compacted before the next higher lay�r of f 11 is placed. Adequate drainage shall be rnaintained at all times. G. Watering: At the time af compaction, the moisture content of fill inaterial shall be such - ti�at ihe specified caxnpac�ion will be obtain�d, and the fill will be firm, hard, and , �?nyielding. Fill material which contains excessive moisture shall n.ot be compacted until it is dry enough to obtain the specified campaction. �� H. Cozrzpacting: Each Iayez of earth fill shall be compacted by approved tarnping or sheepsfoot roilers, pneumatic tire rollers, or athez mechanica] means accep�abie to the Owner. Hand-directed compaction equipxz�ent shall be used in a�reas inaccessible to . � vehicular compactors. ;, I. Grading: Ez�ribankments shall be cnnstructed in proper sequence and at proper densities for their respective functions. All embankznenf serves in one capacity ' or another as subgrade {e.g., under topsoil, under concrete and asphalt pavement, und�r stzuctures, etc.). Accordingly, ihe upper layer of embanl�rrient shall be graded to within plus or minus 0.10 foat of proper subg�rade elevaiion prior to ' depositing topsail, and prior to the consf.ructian of pavements, slabs, efc. � 3.05 DENSITY CONTROL .; A. Earth Ernbankment in General; Ea.rth embankmeni shall be compacted in lifts at a - minimum of ninety percent (9�%0} of Standard Density ASTM D698 with plus four percent (4%) c�r m;�us two percent (2°fn) percentage points of optimum Tz�.oisture , � conient. B, Earth Embaz�lanent Under Structures and Pavement: The top six (6") inches ofnatural earth comprising the subgrade for structural slabs or for axeas of pavement shall be ninety fi�e percent (95%} to ninety eight percent {9$°/n) of Standard Density A�TM EARTHWORK oz�ao -5- D698 with the moisture content at minus fwa percen� (2%} to plus faur pezcent (4%} of optirx►uxn maisture content. 3.46 MQISTURE M�.�NTENANCE: The sgecif�ed moisture cont�nt sha11 be mainta.ined in all embankments that are ta iuz�ction as subgrad� for structures, axeas of pavement, or for select embankment. After completion of the embanlgnent, the Contractor s1�all pre�ent axcessive loss of moistur� in tlxe embankmenf. by sprinkling as required. Loss of moistuxe in excess of tv�ro percent (2%) helow optimum in the tap tw�lve in,ches {12") of the fill wi�l require that the tap twel�e inches (1�.") of the embank�ent be scaxified, wetted, and recompacted pripr to plac�ment of the siructure, select filI or pavemeni, If desired, the Contractor rnay place an asphalt xnembrane of emulsified or cutback asphalt over the completed em6ax�k.znent and thus eliminate the sprinkling requir�ment. 3.08 TO�SOIL RE�LACEMENT: Topsoil shall be ca�refully placed to avoid any di�placement or damage to the subgrade. If any of the subgrade is riztted, damaged or displaced it shall be restazed prior to placing topsoil. Tapsoil shall be replaced as specified Zierezn per Item 3.02. END OF SECTION �.�xTxwa� Q234p -G- .� �EC'TIUN 0��39 — WOOD FIBER PLAYGROUND SURFACING PART I — GENERAIs � .�l �C�PE • '4��r�'acing tasks for wood fiber surfacing with drainage systern includes all labor, k��teria�s and equipment necessary far, and pertinent to, the work to be dane. Woxk �av��l be accomp�ished in a thorou�h and warkrnan.Jike manner. The specified product will 'be , applied stricily in accordance with the manufacturer's recornmendarions. 1.02 DESCRIPTION OF SYSTEM � A. Wood fiber playgxaund surfacing material to be Kiddie Cushion as provided by Living Earth Technology Co., 1808 W. Northwest Freeway, DaIlas, Texas 75220, - 1-840-776-$524, or appxoved equal. PART � — PRQDUCTS 2.01 MATERIALS A. W�OD FIBRE SURFACIlVG 5, 1. ,Surfacizxg shaYl be a mix ai randam-sized harc�wood fibres select�d froro. durable hardwood tree stack. Soffwaod fibres, standard woad chips or ' bark mulch will nat be acceptable. , 2. To allow for compaction, the following ft�rmulas must be used to 1, determine the co:�ect nuxnber of cubic yards: $" deep: Sq. ft. of playground x 0.0375. Twelve inches deep: Sq. ft. ofplaygraund x 0.05. � 3. Bidder will guarantee sieve a�aly�is of wood fibre as follows: Greater ; �han 85 pez-cen� passing 3/8" sieve. Less than 50 percent passing #60 S1BV 0. '' 4. Wood fibre shall have na recycled wood from palleYs or waste wood and � no twigs, bark, leaf debris or other organic material incorporated within. B. DRAINAGE FABRIC � I. Product used shall be FibarFelt, DuraLiner, or aproved equal polyester nonwoven engi�neering geotexiile fabric, ' 2. Bidder will provide enough maferial to a11ow for 12" averlap on all seams, C. DRAINAGE MATRIX ' I. 4" diameter ADS perforaied pipe with sock installed within the subgrade , gravel trench as indicated on plans. D. WEAR MATS WOOD FIBER PLAY: ROUND SURF'A,GII�G 02537 -1- Z. Product used shali be pez playgrawnd equipment manufacturer's recomrnendatian and meet ASTM F1292-91 playground surfacing standard for a drop height not to exceed 3,5 feet. Must be installed under alI swings and slides to preserve �varranty. Method of installation / anchorage shall be per manufacturer's recommendations. PART 3 - SPECIAL REQUIREMENTS 3.01 QUALrTY CONTROL A. The Bidder will provide the engineered waad fiber sy�tezn to be construc�ed exactly according to manufacturer's insiallation insiructions. B. Th� Bidder will pro�ide the awner ar its designated co�trac#or wi�h aIl necessary licenses prior to start of construciion in accordance with U. S. Patents, C. Supplier mus� provide test results for impact attenuatian in accordance with ASTM F1292-93; Standard Specification for �npact Attenuation of Surface Systems Under and Araund Playgralu�.d Equiprz7ent. Results must be pro�ided for new material and for 5-year�old material. D. Testing must show "g° ratings of nat more than 155g far the $" thick system, ar 120g for the 12" system at 12' fall heights, and HIC values oi less than 1,000 far both new and 8-year-oId material. E. Proc�uct must be wheelchair accessible and meet the requirements of the 1990 Americans with Disabilities Act (ADA) in accordance wi#h ASTM PS83-97. F. T1�e Bidder will provide copies of flaminability testing pracedures and results using (i} Section 1500,44 of ihe Federal Hazardous Su�stance Act, Tit10 I6, Chapter II, Subchapter C, for rigid and piiable solids, and (ii) 16 C�'R Part 1630 Siandard for the Surface Flan�mability of Carpets and Rugs {FF 1-70), Modified Procedure. Testing shouid be parformed by an independent testing labozatory. G. The Bidder will provide copies of testing procedures and results of (i) new shredded waod �'ibre, and (ii) shiredded wood fbre not less ihan five years oTd taken from an existing site, performed hy an independent testing s�urce using the ASTM F12�92-91 playground safety surfacing standard. H. The Bidder wili pro�ide at least thr�e references of handicagped-accessible playgrounds that have been installed with said surface. 3.02 WARRANTY WOOD FISER PLAYGROiJI�D SURFACING 42537 -2- z All matenials and labor under this Seetion shall b� installed b� a cantrac#or authflrized by the manufacfurer. Safety surface shall �e warranted %r labor and materiaFs for a period of no less than two years. Written warranty must be submitted by �he manufacturer and the authorized installer. PART 4 — EXECUTION A. 1�REPAR.AT�ON installer shall thoroughly examine the site and specifications, carefully checking the dimensians before starting work. L, SUBGRADE 1, �he suii�;rade slhall be k;raded a rriinimum �?�` 1 p�rcent. it i� riai ' �-ec�mmended that �he surfacia�g systen�z be installed.on a grade greater �: �han I t) percent. 1�.1I roots, stones, and vegetation shall be removec�. '?, �'he draina�e matrix must be connected ta the drainage system. '� 3, '�'he ��rst �" of subgrade shall he compaeted to at least 95 percent o£the dry �� ;lensity, as detez�r�ined by the provisions of AASHTO ar T 205, as modi�ied in 2Q3.24. ��'. r�.PPLTCA.TION: �. '�Vood fiber surfacing system with gravel and subdrain. Install per plans and specifications. a. r�ggregate Y�rainage lUiaterial � � � . �instai� �ubdrain trench per plan, "l. Cover subgrade with washed stone, 3J8°' 'to 1/2" diameter, at a r:+niform depth of three inches. 3: Install draanage fabric over drainage aggregate, overlapping aYl seams by at Ieast 12". Cut to fit around equipment as n�cessary and overlap seams as previous�y mentioned. �, Tr�stall woad fiber saf�ty surfacing at a u�niformed compacted depth of 4". Coniractor shall be responsible for applying additional material as required in order to maintain safeiy surfac� �'inu.sh elev�.tion and anticipated settling for a pezzod of sixty (b0) days �ollawing proj ect acceptance. END OF SECTION WOOD F1BER PLAYGROIINb SURFA.CING 02537 -3- SECTION 0�8�40 � TURF SODIDING PA.RT 1 - GENERAL 1.01 DESCRIPTION A. Work Included: This work incIudes all labor, maierials and equipment for soil preparatian, fertilization, planting and other requige�ents regardang turfgrass sodding shown on the plans. B. Related Work Specified Elsewhere: �ection 023D0, Earthwork. 1,02 REFERENCE STANI}ARDS �. �'or exotic p�ant materials: American 3oint Con�nittee of Horticultural Nomenelature, � Pcond Editxan, 1942. ; , B. l��r nativ� materials a, Manual af the Vascular Plants t�f Texas by Canrell and Johnston ' �, �h��.k �.ist of Vascular Plants of Texas by Hatch c. �lara of North Gentral Texas by Shinners and Moller 1.03 S��Rh��ITTAL� �arnpies, certificates ancl 5pecifications of sad, fertiliz�r, compvst, �nil amendrrients or other materials rnay be requested by the Project Manager. All delivery receipts and copies af invoices for materials used for this work shall be subject to verification by the Pro�ect Manager. 1.04 PRC3DUCT DELNERY, STOR.AGE AND HAIVDLING A. Sod: Harvesting an.d planting operations shall be coordinated with not more than i'arty eight hours �lapsing between the harvesting and planting. � � B. Fertilizer 1. Unopened bags labeled with the analys�s. i 2. Conform to Texas Fertilizer Law. 1.05 QUALTTY CONTROL The cantractar �vho plants the sod is r�sponsible for supe�rvision of his crew, while plan�ing the sod and mairitaining the sod until the project is accepted by tha City. s�cr��N o2g�a -'r� soD��rrG -i- i ,; PART 2 — PRODUCTS 2.01 SOD A. The sod shall be "Common Bermuda" and shall cansist of stolons, leaf blades, rhizomes ax�.d roots wi� a l�ealthy, virile system of dense, thickly znatted roots throughout the soil of the sod far a thickness nat Iess than one znch. Sod shall be alive, healthy and vigorous and shall be fres of insects, dasease, stones and undesirable foreign materials and grasses. Sod shall have been prod�ced on growing beds af clay or clay-loam topsoil. The sod sball not be harvest�d or planted when its moisture condition is so excessively wet or dry that i�s sur�ival will be affected. If sod is stacked, it shall be kept moist and shall be stacke;d raots-t�-roots and gxass-to-grass. B. The sod shall be cut in strips �'ouz- feet wide, or as called �or on plan, to be Iaid parall�l with tkae contaurs. 2.02 FERTILIZER A. Ali fertilizer shali be delivered in bags or coniainers c1�a.rly labeled showing the analysis. B. AlI f�rti�izer shall be in acceptahle conc�itipn for distribution and shall be applied unifarmly over the planted area two weeks after sodding. �. A11 fertilizer shall have an analysis of 3-1-2 or as designated on the plans. Tbe fertilizer rate shall be 4S pounds of nitragen per acre. 2,43 WATER The watar shall �e furnished l�y the Contractor arad shall be clean and free of indt�strial wastes or other suhstances haxrnful io the germination of the seed or to the growth of th� v�getation. The arnount of water vvill vary according to the weather variables. Generally, fihe sod should be saaked one time per day for three weeks oz until established. Saaking is maudatory after spreading the fertiLizer. 2.04 COMPQST All compast material is fa be totally organic and decompased for at lease nine mon�hs. All coznpost is to be clean and free of fungus, disease, live plants, seed, excessive cotton lint and any hatmful chemicals. "New Life Soil Conditioner" or "Perma Green Composi", as specified below or ari approv�d equal, shall be used. Raw organics are not accaptable. A, For soil with an alkaline t�H conditian: Use "New Li�e Acid Gro" (acid pH) soil conditioner as produced by Soil Building �ystems of Dallas, or an approved equal. B. Far saiI with an acidic nH condition: Use "Perma Green Compast" by Texas Earth Resources, Inc. of Dallas, ar "New Life Natural Grower" (ph 8.0 to 9,0} by Soil Building Systems, Inc., of Dallas. C, 5arnple and Specification Submittal: Suhmit a producer's specification azid a quart sample of the cornpost proposed %r the Project Manager's approval, s�cr�o� oz9ao - � sonDzrrG -z- PART 3 - EXECUTIOiv 3.01 GENERAL �- , All turfing operations are to be executed acro�s the slape, parallel to iinished grade contours. 3.02 SOiL PREPARATION A. ��.xi.� �nbgrade to a depih of threE ��nches (3") before depasiting the required topsoil. B. Tillage shall be accomplzshed to loosen the io�soil, desiroy existing vegetation and prepare an acceptable sod bed. AlI areas shall be tilled with a heavy duty disc or a chisel- type breaking plow, chisels set not more than ten inches apart. Initial tillage sha11 be done in a crossing pattern for double coveragc, then followed by a disc harrow. Depth of tiIlage shall he five inches. A heavy duty rotoiiller may �e used �or a.reas to be planted with sod. �. Cleaaaing: �oil sha11 be.further prEpar�d by the removal of debris, building materials, ��hhish, uveeds and stones larger than one inch in diameter. 1[� �ine {�`rading: ��er tillage and cleaning, all areas to be planted shall be topdressed with one-half inch compost and ther� shall be leveled, fine graded, and drug with a weight�d �pike harrow or float drag. The required �'esult shall be the elimination of ruts, depressions, humps and objectionable soil clods. This shall be the final soil prepara�ion ste}� to be campleted befare planting. 3.03 �P1�ANT'TNG Yrior �o laying �the s�d, t�e planting bed sha11 be raked sme�oth to true grade anc� moiste�ed to a aepth af four inches, but not to the extent causing puddling, The sod shall be laid smoothly, tighily butted edge ta edge, and with staggered joints. The sod shall be pressed fixmly inta the sod bed by mechanical aroller �o as to eliminate all air pockets, provide a tn�e and even surface, and insure knitting without displacement of the sod ar deformation of the surfaces of sodded areas. Following compaction, campost shall be used to fill all.cracks between sods�. Excess compost shall be worked inta the grass with suitable equipment and sha11 be well watered. The quantity of compost sha1X be such that it will cause r�o smoihering or burning af the grass. 3.04 FERTILIZING Twezxty-ane days after planting, furfgrass areas shall receive an applica#ion flf 3-1-2 fertilizer at the raie o� 45 pound� of nitrogen per acre. Wafer vwell after application to prevent bttzning as per requirements indicated in Part 2-- 2.03 Water END QF SECTION SECTION 02940 - TURF 50DD1NG -3- -SECTION 0�860 - PLAYGROUND EQU�PMENT PART 1- GENERAi, 1.01 DESCRIPTION A. This section shall i��clude all materiais, labor, tools, eqnipment, transportatian and supervision required �ar the installation of new playground equipmerit. 1.02 RELATED WORK ,� A. Section 02870 - Site Furnishings B. Section 03300 - Cast-In-Place Concrete I ; � _�73 C�UALITY AS�URANCE I ' r'�. � odes ancf �atandards: All equipment and rnaterials �hall meet the s�andards,and �requirements of the Iatest �ditions af the U. S. Consumer Product Safety Commissian's (CPSC) Handboak #or Public Playground Safety and of ASTM Designation F14$7: Standard �onsumer �afety Perfor�riance Specitication for Playground Equipmeni for Public Use. B. Subix�utais: 1. �uhmittals Priar to Canstruction ,�ubmit manufacturers° docurnentation af �roduct �;�rnp��ance wit4� GPSC and A�TII�� F1 �$7 S#a?�dards including: � � a. All paints and other similar finishes must meet the current CPSC regulation far lead in paint (0.46 pezcent xnaximum lead by dry weight). b. R�gardless afthe matenal t�r the �reatment process,lth� n�anufacturer shall ensure that t�e users of the playground equipment cannot ingest, inhale, ox absarb any potentialIy hazardous amounts of substances thraugh body surfaces as a resuIt o� conta.�t with the equipment. c. Submiitals must be received and approved b� the Project Manager ! priQr to ordering equipznent. Refer to General Requirements — Sectian 01640 — 1.02 PLAYGROU]�II� BQUIPM�NT d�Z864 l � 2. Subzu�ittals Prior tfl Proj ect Acceptance — Coniracior shall submit all rnaufacturers' litez-ature to the Proj ect �Ianager priar to acceptance af the proj eci. PART � — PROD[7CTS 2.0 ] A. Contractor to provide and install equipment as speci£ed or appraved "or equal" B. Name of equipment piece / manufacturer / address PART 3 - EXECUTION 3.01 GENERAL: A11 items shall be supplied and installed by Coniractor as shown an the plans and as recommended by the manufacturer. 3.02 FALL ZONES: Contraci�r shall verify all fall zone c�earances ansite prior to installing the equipment. Notify fihe Landscape Archit�ct of any conflicts or discrepancies. 3.�3 CONCRETE FOOTINGS: The �nished gxade of all concrete footings shall be set tvvelve inches below the fmish grade of sur�'acing material. 3,Q4 FASTENERS: AIl nuts and bolts sha11 be upset a.nd tack welded to prevent disassembly. 3.05 PROTECTION; Contractar shall be responsible for protection of unfixiished wflrk and shall erect temporary szgnage and barriers as necessary to prevent park users from utilizing unfinish�d equipment. END OF SECTION PLAYGROIJND EQUIPM�NT oas�a 2 SECT�ON 0��370 - SITE FURN�SH�NGS PART � - GENERA.�, I � 1.01 DES�RIPTION Furnfsh and supply all labor, �quipment, materials and incidentals necessary ta assenible, install and otherwise construct park equipment as listed under products. 1.02 RELATED WORK � A. S�ction 03300 - Cast-in-Place Concrete. B. Section 0792Q - CauXking and Sealants 1.03 QUALITY ASSURANCE A. All equipment shall be free af sharp edges and cvrn�:rs, or extremely rough surfaces. B. All materials s�all be new and con�'orn3 ta all standards as specified. �:. '�_f'he bidder shall be responsible for d�feets in equipment due to fauliy materials ar manufacturing, daxanage or 1oss. r a?. �etai �hall be straight n,r at ��si�n radii or bends, without kinks, and shall be true � io shape, , E_ ��cies and a��tandards; !�� "acec;ssible" �ite furnishings shal� oomp��with t�?� � curren� Texas Acc�ssibilitv Standards {TAS) ofthe Archit�ctural Sarriers Act, �rr.;�le 9142, Texas Civil �tatutes {512) 453-32I1. yM_ �:c�lor to be �elecieti by �wn�r prior to ordering. 1.04 �RnD[�CT DELIV�:d7iT, .`-_+TC�� ,A� �?A;�LI�1G k, �r�tPct frnm inciement weather: wei, damp, cxtreme heat or cold. �. �tare in a mauner ta prevent warpage and/or bowing. � 1_�5 !n13 C;ONDITIONa ° �The contractor slhalI be responsible far �roiection oT un�'inished w�rk an� shall be respansible for the safety of park users utiiizing �nfinished equipfnent, SIT� FURNISHII�IGS 02870 -1- PART2-PRODUCTS 2.01 6' PICNIC TABLE: Gametime No. 1.866: 6; PVC coated tablelseats w�th 2-3/8" galv, (non coated) fi�e Modlin Recreation Equipment, Inc. (800) 433-5347 2.02 8' HC PICNIC TABLE: Gaz�netime No. 1$7Q: $' PVC coated table/seats with 2-318" galv. (nan coa#ed) frame Modliz� Recxeati�n Equiprnent, Lnc (800)433-5347 2.03 6' BENCH: Gametim� No. P-1$3S: 6' bench with back in ground. Leg extensions required far in playground mounting. PVC coated seat/back with galv. (nan coated) frame. Modlin Recreation Equipment, In (8Q0) 433-5347 PART 3 - EXECUTION 3.01 INSTALLATION A. Fasteners: All nuts and bolts shall be �psat and tack welded to prevent disassembly. Bolts shall be trimmed before welding so that no more than 2 threads pratrude pasi nut. This does not apply to playg�raund equipznrent, which is to be installed per aI1 state/federal guidelines. B. Manufact�rer's Instailation Tnstructions: The Contractor shail follow the manufacturer's installation instructions and give the Landscape Architect the instiructians for f ling, unless otk�e�rwise stated. Set benches and picnic tables level. END OF SECTION S�TE Fi1R1�fISHINGB 02870 -2- SECTION 0�93Q - SEED�NG PART 1 - GENERAL 1.01 DESCRg'TION A. Work Tncluded: Seeding of grass seed or wildflower seed, as specified on the plans, B. Relateci Work SpecifiEd Elsewhere: �ection 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Nam�s 1. For exotic plant materials; American Joint Committee of Harticultural Nomenclature, Second Edition, 1942. 2. For native matenials a. Manual of the �ascular Plants of Texas by Co:rt-ell and Johnston b. Check I�ist af.Vascular Plants of Texas by Hatch � c, Flora of North Central Texas by Shinners and Moller 1B. 'i exas Highway l�epartnnent: S�andard �pecitications for Construction, l�tem 164, "�eeding for Erosion Control" a�d Item 1 S0, "Wildflower Seedi�.g". 1.03 SUBMITTALS A. S eed 1. Vendars' certifica#ion that seeds rneet Texas Stat� seed law including: a. Testing and Iabeling for pure live seed (PLS) b. Name and type ofi seed 2. If uszng native grass or wildflower seed, seed must have been harvested within one hundred (1Q0) miles o#'thc constzuctian site. 3. A11 seed sh�.11 be iested in a labaratory with certified results pres�ntecl ta the City, in writing, prior to planting. 4. All seed to be of'the previous season's crop and the date on the container shall be within tweive months of the seeding date. 5. �ach species of seed shall be supplied in a separaie, Iabeled container for acceptance by the City. B. Feriilizer �- 1. Unopened bags labeled with the analysis � 2. Conform to T�xas %rtilizer 1aw 1.04 JOB CONDTTTQNS A. Planting Season: The season varies according to species (see Part 2- Products). Do not seed when soil is exc�ssively vaet or dry or when wind e�ceeds ten (10} miles per hour. �. �chedule Af�er All Other Construction and planting is complete. SEC1'lON Oz930 - SEEDING =1- C. Pratect and Maintain Seeded Areas 1. k'rom erosion 2. From t�raffic and all other use 3. Until saeding i� complete and accepted 1.05 QUALITY C�NTROL The contrac�or wha plants the seeds, whe#her the general contractar or a subcontractor, is responsibie for daily supervision of his crew, and for the �lanting and maintaining of seedlings until acceptable, �iab�e gzowth is achieved and ihe project accepted by the City. PART 2 — PRODUC'T5 2.01 MATERTALS A. S eed All seed shall be planted at rates based on pure live seed (PLS = purity x gerrnination) �er acxe. Substitutzon of individual seed types due to lack of availability shall be made only by the City at ihe time of planting. The Contractar sha11 notify the City, prior to bidding, of difficulties locating eertain species. Only tnQse areas indicaied an the plans and areas disturbed by constr�zction shall be seeded. P�or to seeding, each area shall be nn.axked in the field and approved by the City. Any adjustment of area Iocation by th� City sha11 be considered incidental and shalI not eiititle the Contractor to addihanal compensation. Weed seed shall not exceed ten percent (10%} by weight of the total of pure live seed (PLS) and other material in the mixture, Tahnsongrass and nuigrass seed s�.all not be alla�ved. " The seed shall be clean, dry and harvested within on� year ofplanting. 1. Non-native grass seed shall consist of If planted between April l� and September 10: Lbs./Acre Common Name Scientific Name Purity 25 Bermuda {unhulled) Cynodon dactylon SS% 75 Bermuda {hulled) C�nadon dactylora 95% Substitu�e �he following if planted between Septembe�r XO and ApriI 15: 220 Rye Gxass Lolium rnultiflorum 82% 40 Bermuda (unhulled) Cynodon da�tylan 84% Gerinination 90% 90% 80% 85% SECTION 02930 - SE�DING -2- 2 Native �rass seed - The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PL5/Acre Common Narne Botanical Name 16 Green Sprangletop Le�tachloa dubia 40 Sideoats Grama* Bouteloua curtipendula 64 Little Bluestem* Schizachyrium scoparium 2�0 �uffalograss Buchloe dactylaides 40 Ei�.t�iaxi Grass* Sorghast�um avenaceum 16 �ig Top Lovegrass* Eragf-ostis hirsuta 16 "��Pepin� Lovegrass E�ag�ostis curvula SO �anada'�V'ild Ryre'� �lymus canadensis var. cr�naderxsis *These grasses ara not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. 3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see 3.02,A). 1'Iie seed shal� he planted between March 5 and May 31 or betwe�n ��ptember 1 and December 1 and shall consist o�: �, Lbs. PLSIAcre � �1 2+7 Sp 1Q �n 2U �� 3 l L] �a �arnmon Name Foxglove* i�a n�eleai� �oreopsis �Iuebonnet Pixik Evening Primrose i'urole Coneflvwer* indirtn Blanket 4Vlexican Hat 1��iznillian Sunflower* '�Ninecup L�mon Mint* Botariical Na�ne penstemon cobaea �'�reopsis tancenlr�ta �upanus texensis �enothera speciosa Frh�nacea purpureca �aillardia pufchella RatiBida columna�is �Jvt�.,xy�r��s y;z�xi.miliana +�'allirhoe rriv�lucrr�ta ?'Ilnnnrda ritrir�do�'a *These wiic�fl�wers are noi ta be planted within ten ,feet of a road or parking lot ox �.+�ithin t.�ree feet �ai� a walkway. 4. Temnorary erosion control seed �' Wk�en specified on �he p�ans, temporary cantrol rneasures shall be perfvrmed. , These measures shall consist of the �owing of cool season plant seeds and the �, wark and materials as required in this section. �, :, B. Muich 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either al.vne or with fertilizer. 2. Mulch should be wood cellulase fiber p�oduced from virgin wood or recycled paper-by products (waste products from papar mills or recycled newspaper}. 3. Mulch should contain no grawth or gei�nination inhibiting factors. 4. Mulch should contain no more than ten percent (10%) maisture, air dry weight basis. SECTION 02930 - SEBI]ING -3- 5. Additives shall include a binder in powder foY-m. 6. Maierial shall form a strong nn.oisture retaining mat. G Fertilizer 1. All fertilizer shail be delivered in bags or containers clearly labeled showing th� analysis. 2. All fertilizer sha11 be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-2Q-0, 16-$-8, or as designated o� tk�e plans. Fertilizer rate; a. Na fertilizer is required far wildflower seedin�. b. Where apglying fertilizer on nevcrly established seeding areas - I00 pounds of Nitrogen per a�re, c. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. Water; Sha�i be fizrnished bv tl�e Contractor by m�ans of temporary rnetering / irrigatian, water truck or by ax�y othex method necessary to achieve viable, acceptable stand of turf as nvted in 3.Q4.B.2, of this specification. The water sotarce shall be clean and free of industrial vvastes or other substances harmful io the gez�zs�ination of the seed or to the growth of the vegetation. The atnount of water will vary a.ccording to ihe weather �ariables. Generally, an amaunt of water that is equal to th� average amaunt of rainfall plus one half inch (112") per wee�C shauld be apglied for approximately three weeks or until proj ect is accepted by the City. E. Erosion Cont�rol Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fib�r or xecycled paper mulch, (see 2.01, B. Mu1ch and 3,03). 2. For seecling application m areas 3:1 slope ar greater, use the following soil retention blanket (Follow the manuiacturer's directions); "Curlex I" from American Excelsio�, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-500-777-�OIL. 2.02 MI�ING Sead, mulch, fertilizer az�d waier may bc mixed provided that: 1. Mixture is uniformly suspended io forrn a homogenous slurry. 2. Mixture fonms a blott�r-lil�e ground cover irnpregnated unifom�ly with grass seed. 3. Mixture is applied wiihin th'rriy (30) zxiinuies after placed in tY�� equiprnen#. sEcrzoN o�a�o - s��DnvG -a- PART 3 — EXECUTYON 3A1 �EEDED PREPARI-�TION � A. Clear Surface of All Materia�s, Such As: 1. �turnps, stones, and other objects larger than one inch. �. 1�00f5, bT115�, W1T�, 5t��5, OtC. 3. Any objects �hat rnay i�nterfere with seeding ar mai�tenance. B. Tilling 1. �n all compacted areas till one inch (1") deep. 2. if area is s3oped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one hal� (1/2'°) inch insiae "drip line" of trees. C. Watering: Soil sh�uld be watered to a minunu.zn depth of four inches within i�orty eight {4$) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. �roadcast seed in tvvo d�rectians �t ri�hi az��;kes to �:a.ch r.,ther, 2. ]Karrow or rake �ightly to cover seed. 3. Never cover seed with more soi� than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1") inch, :r?txzove grass clippings, sa seed can make contact with the soil. B. Mechanicall� Se�ding (Drilling): If inechanica.11y seeding (drilling) the seed or seed mixture, the quantity specified sha11 b� �� unifazm�y distrzbuted over the areas shown on the plans or vvhere directed. All �arieties of seed, as well as fertiiizer, may be distributed at the same time provided that each cc�mponent is unifortnly app�.ed ai the specified rate. Seed shall be drilled at a depth of "' from one quarter incY� to three eighth inch (1/4"-3/S") utilizing a pasture or rangeland type . d�ll. AlI drillin� is to be on the contour. After planting, the area shall be rolled with a ralIer integral to the seed dri31, or a corrugaied roIler af the "L�ltipacker" type. All rolling i' �f slape �reas shall be on ihe contour. 3,03 MULCHING i A. Apply uniformly after campletia�� of seeding in areas 9zn �0 3:1 slope. iVlulc� may be ,, a}�plied concuYrently �vith fertilizer and seed, if desired. B. Apply at the follawing rates unless otherwise shown on plans: ,, 1. Sandy soils, flat surfaces - minimum 1,SOO lbs.lacre. 2. Sandy soils, slaping surfaces - rninimum 1,8QO lbs./acre. 3. Clay soils, flat surfaces - minimurn 2,540 Ibs./acre. , � 4. Clay soils, sloping surfaces - mi_nimum 3,000 lbs./acre. �ECTION 02930 - �EEDING -5- "Flat" and "sloping" surfaces will be sk�own on the plans if not visually obvious. C. Apply wi�bi.n thirty (30) minutes after placement in equipment. Keep mulch moist, by daily wat�r application, if necessary: 1. For approximately �renty-ane (21) days, or 2. Until seeds have germinat�d and have roat�d in soil, (see 3.04.B.2.) and project has been accepted by the City. 3.04 MAINTENANCE AN]] MANAGEMENT A. Includes protection, repl�nting, maintaining grades and innznediate repair of erosion damage untzI the proj ect receives final acceptance. Refer to Part 2— 2.01 — D. for watering requirements to be executed by the contractor. B, Replallting 1. Raplant areas where a stax�d af grass or wildflowers are not pr�sant in a reasonable length of time, as determined by the City. � 2. A"stand" shall be defined as: a. BermudalRye grasses: Full coverage per square foot established within two to three (2-3) weeks of seedin� date on a smoath bed free of foreign rnaferi.al and rocks or clods larger fihan one inch diatneter. b. Nati�ve grass and �vildflowers: eighty percent (SO%) coverage of growing plants within seeded area within �wenty-one days of seeding date on a smaoth bed free of foreign material and rocks ar clods larger than one inch diameter. END QF SECTION SECTION 02930 - SEEI3ING -6- SECTI�N 03300 -- CA5T-IN-PLACE CONCRETE PAR.T l - GENERA�. 1.01 SCOPE OF WORK ��, �'oncrete �idewalk �3. Uoncrete IYandicap Ramps ��. Picnic Table Slabs �7. Q1ay�round Edging �',. Concrefe Walis and Footings F. lltelated wQrk elsewhere: Section 07920 �aniking and SPa�ants 1.02 QUA�:IT�' A�'SUR.ANCE Reference Sp�cifications: The wark under this division ofthe Specifications shall conform generally to the requi�ements of Item 314 -"Concrete Pavement", Item �06 - "Concrete for Structures", and Item 410 —"Concrete Structures" of the C�ty of Fort Worth's Stanc�ard Sneczfications for Stre�t and Storm Drain Construction. PART 2 - MATERIALS 2.01 FORMS �'nxms shall be c�!' ample �sf?-Pn�th, adequately l�raced, j oined neatly and tightly and set exactly to established line and grade. 2.02 REINFQRLING MATERTAL� Reiuforcing Bars: Reinforcing bars shall be round d�forrned bars meeting ihe requirements of the current standard Specificatioz� far Intermediate Grade Bille# Steel ��ncrete Reinforcing Bars of the A.S.T.M. Designation A-b15. Reinforcing bars at the �irne the concrete is placed shalI be free from rust, scale or ati�er coatings that will destroy �.�r red��ne the bond. General reinforcing bars shall be number three bars spaced 18 inches �an center in vc�alks and 12 inches in slabs as shown on Plans. 2.03 CUNCRETE Tvi�'I'ERIAI,S A. �`ernent: F,'�rl,�art� cemerit shall meet the requirem�nts �f A.�.T.1VI. ipecifica�ions :Qesi&nation C-150 and shall be Type 1. B. Ag�egatzs: �ancrete aggregates shalY consist o#' �-avei ar cr�shed stone and shall be free from any excess amount of salt, alkali, vegeta.tive matter or other objectionable rnaterials. The aggre�at� sha11 be well giraded from fine to caurse and the maximurn size shall be one inch . Fine aggregate shall consist of sand C. Water; Water used in mixi�g concrete shall be clean and free from deleterious aznounts of acids, alkalies, vegetative matter or o�ganic material. The concrete sha11 bc mixed in an approved batcb mixez. The mixing time shall not be less than one �ninute after aIl the batch naaterials are in the mixer. Cement�content i'A ST-IN-PLACE CONCRETE �g3300 _j.. shalI be not less than five sacks pez- cubic yaz-d of concrete and shall have a mirvrnum 28 day compressive sirength af 3,000 psi. D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specifiad above. 5uff cient transit mix equipment shall be assigned exctusive�y ta the praj ect as required for continuous pours ai regular intervals without stopping ar intemapting. Concrete shall nat be placed on the jab af�er a periad of 1 1/2 hours a$ez the cement has been placed in the mixer. 2,04 RELATED MATERIAL A. Expaz�sion Joint Filler: Expansion joint material shall bc one inch clear heart redwood with cap and paved cross section as shor�vn an �he plans B. Dowels: Dowels for expansian joints shall be nu�xaber four smooth round steel bars with �xpansion tubes as shown on Plarzs. Dowels shall be placed eighteen inches on center or as shown on Plans, C. Curing Campound: The meznbranous curin.g compound shall camply with the requirements af A.S.T.M., Designation C-309, Type 2, white pigmented. D. PVC Sleeves: The Contractor sk�.11 fiirmiska and install four inch class 200 PVC pipe �leeves under concrete walk as shown on plans and details, E. Caulki.ng and Sealants —�ee Section 07920 2.�5 CONCRETE MIX DESIGN AND CONTROL A. Mix Design; The concr�te shall contain na� less than �ve sacks of cement per cubic yard. Total water shaIl not e�ceed seven gallons per sack of cernent. The mix shall be uniform and workable. The amount af course agg�regaie {dry-loose volur�e) shall not be more than 85 percent per cubic yard of concrete. The net amount of rnrater will be the arnount added at tbe mixer plus the free water in the aggregate or minus the amount of water needed to eampensa�e for absorptian by the aggregates. Free waier or absorption determinations will be based on ihe condition of the aggreg�tes at the time used. The absorption test vvill be based on a t�iirty minute absorption period. Na water allowance will be made for evaparation after batching, B. Slurnp: When gauged by the standard sl�p test, tile settleinent of the eancrete shall not be less than 3 inches nar znoz-e than 5 inches, unless otherwise zndicated. C. Quality: The cancrete shall be designed for a minimum compressive sfirength of 3,000 pounds per square inch at the age oFtwenty-eight days using a 5 sack mix. CAST-IN-PLAGE CONCRETE 03300 -2- D. Cantrol�Submitta�: Wrthin a periad of not less than ten days priar to �he start of conerete operations, the Contractor shall submit to the Engineer a design of the concreie mix proposed to be used together with samples Qf all materials to be incarporated inta the mix and a full description of the source of supply of each material coxnponent. The design of the concrete mix shall conform with the gzovisions and lirnitation requirements of tk�ese specif cation.s. All material samples subrnitted ta the Engineer shall be sufficiently large to pernut laboratory batching for the consiruc�ion of test beams to check the adequacy of the design. When the desig� mix has been approved by tbe Engineer, thare shall be no change ar deviation from the proportions thereof or sources of supply �xeept as hereinaf�er provided. No concrete mav be placed on the iab srte until the mix desi�n has been at�proved bv the En�ineer i� writin� to the Contractar. PART 3 - �XN:(_'UT�ON 3.01 REINFORCING Metal reiz�forcing shall be aecurately placed in accordance w'rth the Plans and shall be adequately secured in paszt�on by concrete, meial, or p�astic chaus and spacers. Bar splices shall overlap at least iwelve inches. Th� re-bars shall be bent cold. � 3.02 JOIlVT� , A. Expansion Joints: Expansion joint materials shall be installed perpendicular ta the surface. The bottom edge of ihe material shall extend io or slightly belo�r the bottorrl edge of the slab and the top edge shall be held appraximately 1./2 inch , belovcr the surface of the slab. The edge of join�s shall be tooled with an edging toal having a 1/2 inch radius. , B. Contraction Joints: Contraction joints shall be 1/4 inch wide by 314 inch deep, tooled joints placed on six foot centers, unless oiherwise indicated, Contraetion ' joints will not be required to be sealed. Sawed joints may be allowed only if , specifically approv�d by the Engineer. Joints wilI be sawed as soan as sawir�g can be performed without stripping aggregate from the concrete, generally witliin ' twelve to Yweniy-four haurs after placement, azid they shall b� completed before uncontrolled cracking oFthe pavement takes place. ' C. Construction Joinfs: Construction joints shall be i�stalled in all concr�te work at thu locations shown on the Plans. Construcfion joints formed at the elose of each �ay's work shali be located at any af the control joints designated on the Plans. Jaints may be constructed by use of woad or preforrned rnetal bu]kheads set true t� the section oithe finished concrete and cleaned and oiled. Surplus concrete on #�!• subgrade �7�aZl be removed befare resuming concreting operations. �.03 i�LACING CUNCRETE r Iacem�nt of Concrete: The concrete shall be rapidly deposited on the subgrade i�un�diately after mixing is coznpleted. Subgrade .and fozms sha11 be dampened prior to �ptaceznent of the concrete. The concrete shall be transported, placed and spread in such a CAST-iN-Pi,ACE CONCRETE 03:iUU -3- manner as io prevent segregation of fhe aggregate or an excess amount of water and f ne mat�rials to be brought to the surface. No concrete shall be placed when the air ternpez-ature is less than forty degrees Fallrenheit nor when ihe temperattu-e of thE concrete is eighty-�ive degxees Falzrex�.eii ar higher, witlaout approval of Construction Inspector, Placement shall be carried on at such a rate tkzat tla.e concrete is at all tim�s plastic anfl flows readily into the space between the baxs. No concrete that has partially hardened or that has been cantaminated by foreign material sha11 be deposited in the work nor shall r�tempered concrete be used. Each section of pavemeni bet�veen expansion and con�iruction jflints shall be placed n�onolithically. AlI concrete sha11 be thoroughly compacted by suitable means during the operatian of placzng and shall be iharoughiy worked araund rein%rcement and em�edded fixtuz'es and into the corners of the forms. Special care shall be taken to prevenf voids and honeycombing. The concrete shall tben be stzuck off and bull-floated to the grade shown on th� Plans before bleed water has an opportunity to collect on the surface. 3.0� �'INISHING AlI concrete shall be finish�d by experienced, qualified concrete finishers. All concrete shall have a neat, rounded edge. Edging and jointing {radius described an Plan�) �hall be accomplished with care so as nat to leave deep impressions in the concrete surface adjacent �o edges and joints. Af�er the cancrete has been floated and has set sufficiently ta support the weight �f cement �nishers, a smooth steel trowel wi11 be used to produce hard surface. The entire surface wi11 then be brushed with a stiff bristle broom to produce a uniform textured finish. All edges and sides of concrete exposed to view shall be free nf waxp and b�emishes with a uniform texture and saz�oothness as described in Plans. 3.05 CURING Curiilg Cornpound: Im�nediately af�er ihe finishing operatians, the cancrete shall be com�letely ca�ered wiih a curing compound. The concrete surface shall be kept moist between finishing operations and �he app�ication of the curing cvmpound. The curing compound sha11 be applied under pressure by nleans af a spray nozzle at a rate not to exceed 240 square feet pex gallon. A mintmurn of 72 hours curing time will be required. 3.06 CONCRETE WALLS A. Placing Concrete 1. V�There tremies �re used, or where the free drop is 5'-O" ar mare, and - tlzrough rein.foxcement, use a dumping box or board, moving the concrete therefrozxz by shovels or hoes. 2. Deposit conerete sa that the surface zs k�pt level throughoui, a minimum being permitted to �lovc� frorn ane position to another, and place as rapidJy as practicable after mixing. 3. Do nat use in this Work any concrete not placed within 30 minutes �fter leaviz�g the mixer, CAST-II�I.PLACE CONCRETE o33oD -4- 4. '1: s�orougbly vuork concxete around reinforcemeni and emb�dded fixtures, and into carners.of forms, during placing opezations. 5. Completely compact with tamping poles and by tapping forms until ihe concrete is thaxoughly cozn�pact and without voids. Determine th� nurnber oitarnpers needed by the amount and method o�plaeiaag concrete. 6. Exercise care to tamp concrete �igoxously and thoroughly to obiain maximurz� density. '�. Use nnanual tampers as well as mechanical vibrators. �. Exercise care ta d�rect the quick handling of vil�rators from one �osition to anather. b. Da not over-vibrate concre�e. c. T�o not mov� concrete by use of vibrator, �3. I'ini�hin� r_ All formed surfaces exposed tc� view shall have a smooth form finish. �. .Ahtez' c�ncrete has been properly placed and cured, sandblast finish if ��,c1;r_.atPd on the plans and per specif cation Section 03350. 3.07 PROTECTION After concr�te is placed, finished and cured as required, y�ermit no �affic 1:hareo� far three days thereafter and further protect the su�rface from damage due to other causes. END OF SECTION ,� ,� a ,� i�I ,6 � c�s-r-rn-�La,�� cor�c�TE 1�3300 _5_ i �� ECTION 079�0 - CAULHING �ND SEALANTS � , � PART I - GENERA.L 1.01 DEFINITYONS: i A. The tez-�x� "sealant" ar "sealing" shall refer to extErior joints ��xposed to weather • or interior joints expased to moisture. When "sealant" is used in an outside joint in aluminum ar steel f'rames, "sealant" shall be required on the inside joint also. B. The term "caullc" ar'cau]king' (calking) shall ref�r ta interior joints not normally exposed to weather or moisture conditions. 1..02 SUBMITTAL: A. Submit to Owner's representativ� manufacturer's Iiterature, specification data, and. calar chart for aIl materials proposed for this project. B. Ideniify their use and locat�on. ,, , 1.03 GUARANTEE: The Contractar shall provide the Inspecior a nianufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to pro�ide any replacement material free of charge to the City. Also, the Cantractor shall provide the E�gineer a written warranty on all sealed joints. The Gontractor shall agzee to replace any failed joints at no cost to �khe City. Both warranties shall be for one year affer final acceptance of the completed work by the Engineer. PART 2-PRODUCTS 2.01 �EALANTS: As manufactured by pecora or approved equal. A. Concrete-to-Concrete (Horizontal Jai.x�t): NR-201 with primer. B. Masonry-to-Masanry or Concrete-to-Concrete (Vertical): Dynatroi �I , 2.02 PRIMERS: Type as manufactured by manufacturer of sealing or caulking maieria� and � cornpleiely compat�ble with compound. 2.03 J4INT BACKING: Rods or tap� in sizes arxd types as recommended by manufacttu-er of ' sealing or caulking material, and completely compatible with compound. _ � _ CAi.JLKII�IG AND SEALAN7'S � 07920 -1- .� PART 3 - EXECUTION 3.01 GENERAL: A. Work shall be pezfoz�ned by experienced rnechanics skilled in execution of type Qf wark requirec� and in applzcation of speci�ed materials. B. 17eliver materials ta job site in original containers with xraanufacturer's name and brand clearly marked thereon. C. When. peri_meter joints around fraines �l�at are to be caulked do not have built-in stops or other mea�ns to pre�ent depth of compound from exceeding 1/2 inch, pack joint with back-up rrsaterial� of correct type and to the deptil as necessary to provzde minimum 318" and maximum�1/2" depth af compound. D. Materials aand methods shall be as specified her�irl, unless they are contrazy to approved rnaziufacturer's directions or to approved trade practice; or unless Contractar believes they will noi produce a watertight job which he wili guarantee a� required. Wh�re any part of tb.ese caz�ditions occur, Cantractar shall notzfy Architect in writing. Deviatior� from pxoceduz-e specified will be permitted anly upan Architect's approval and praviding that lvork is guaranteed by �ontractor as sp�cifiec�. E. If, prior to beginning work, Contractor does not natzfy Architect in writing of any proposed changes, it will be assumed that he agrees that materials and methods specified will produce results desired, and ihat he vcrill furnish required guarantee. 3,�2 PREPARATORY WORK: A. Where weather molds, staff beads, e�c., do not farm integral part of frarnes ta be caulked, but are removable, remove same prior to caullaing, exece�te caulking, replace molds, etc., and point. B. Clean alI joints, etc., tt�at a�re to be caull�ed or sealed, prior to ��ecuting vvork. 3.03 PRTIvIING: When conditions of joint� so require, or when types of materials used adjacent ta �oints so requize, or when compound manufacturer's recornmendaiions so require, clean and prime j oints be%re starting caulking. Execute priming operations in strict accardance wif� manufacturer's directions. 3.04 JOTNT BACKING, Joint backing shall be installed in all joinis to recaive s�alants. Backing sha�l be sized to require 20% to SO°/o campression upon insertion, and shall be CAULKING AND SEALANTS 47920 _�_ r placed so that sealaxzt depth is approximately 112 joint width, In jo�inis not af sufficient depth to allow backing, install bond breaking tape at back of jaint. 3.Q5 APPLICATiON: Apply sealant and caulkir�g material under pressure to fill joint ti ompletely, allowing no air pockets or voids. Taol the joint surface to compress the �mm�niund i�to the}aint. '. 3.06 THRESHOLDS: Piace all exterior doar thresholc�s in a fill bed of sealant during setting . procedures. ' - 3.07 CLEANING: Clean adjacent surfaces free af caulking and sealant and clean alI work af other trades that has in any way been soiled by th�se aperations. Finished work shall be left in a neat and clean condition. END OF SECTIQN ,� G�L'T_ K1NG AND SEAI,ANTS i17920 -3- � CERTIFICATE OF INSi.IRANCE f- �_ a1 i ; TO: CITY OF FORT WORTH Date: O11031U2 NAME �F PR�TECT: REPLACEMENT OF PLAYGROUIVDS AT EASTOV ER, LITTLE PEOPLE, Mr�DDOX AND MCDO�fAI,D PARK,S PROJECT N UIVIBER: GR7G-5412Q0-080438710QIOIGR76-5412pD-�8043$7100701GR7G-5412fl0- 08043871UD5DIGR76-5412b0-08U438i10U20 [S TO C�RTIP'Y THAT : P�RMA SYSTEMS GENERAI. CONTRACTORS, INC. is, at the date of this certificate, Insured by this Campany with respect to the business operatinns liereinafter desoribed, far t9�c type of insttrance and accordance with provisions of the standard policies used Uy this Company, and futther hereinaf�er desc��ibed. Exceptions to standard palicy noted an reverse side hereof. TYPE OF INSURANCE Policy EfFectiv� Expires Limits ot'LiaUility Wor]<er's Compensation Co�np��ehensive General Liabilicy Insurance (PuUlic Liavility) Blasting Collapse nf Burldin� or structures adjacei�tto excavations Damage ta Underground Utilities Builder's Rislc Comprehensive Autornobile Liability Co»tracYual �.iability Badily Injury: Ea.Occurrence: $ Property Damage: �a.Occurrence: $ Ea.Occurrence: $ Ea.Occurrence: $ � �� Ea.Occurrence: $ Bodily Injury: Ea. Person: $ Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Bodi f y Tnj ury: Ea.Occurrence: $ Prop�rty Damage: Ea.Occurrence: $ Oth er I Locations covered: Description of operations covered: 'i'hc abovc policies eifl�e�• in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by t1�e insurer in iess than five {5} days after the insured l�as received written noiice ai such changelar canceIlation. Where applicable lacal laws oi• regulations require more than five (S) days actua] notice af change or cancelIation to be assured, the above policies eoniain such spacial requirements, either in t]ie body thereof or Uy appropriat� endorsement t]Zereto attachcd. Aeencv Insurance Co.: I'ort Wortl� A�ent B�� Address Title � .� co�Y�ac�o� co��,�c� wi�� WORKERS' COR�IP�NSAiION LAlf�1 Pursuant to V.T.C.A. Labar Code §406.96 (200D), as amended, Contractor certifies that it provides workers' compensatian insurance coverage for al1 of its empioyees empfayed on City of Fort Wort� Department of Ertgineering No. and City of Fort Worth Project No. CR76p 54'I �OOa0�0438 C10010ICRi6o�41�ODooso�ss�� oa�a��s��4'[a00�0�043�7100501GR76� �4'1 �00�0�04�3�71�02Q - -- C� �� s� ��'� �/U�/� _ � an o �� -� 5 � � i� G� � � j �� D �d �F �'71 uci�� G� � 7 �e- S�! z� � ��7� �.�� CONTRACTOR ��I��ii� SYST�flflS G�IV�RRl� CON TORS.IfVC. �� Name:�%d�`�t�7�3 J��-t�°~r-ah-f Title: Date STATE OF TEXAS COIJNTY OF TARRANT . �s rc�� 1��G3 � Before me, the undersigned authority, on this day personalfy app�ar�d � T1.bF-��5� _ known to me to be the person whose name is subscribed ta the � 1 fioregoing instrumen�, and ac�cnowledged to me that he executed the same as ihe act and deed of Cn�rrC2ac� ��r ��. �� far the purposes and cans�deratior� ,� therein expressed and in the ca�aaty therein stated. I �_l Given Under My Hand and Seal of Office this 2� � , 20C� . '��Y ��' Karen A Rfvera �- � � � �;v My Corruni�slan �xplres •p��+ °°'°n�`a3,2°°$ o� Public in and for t�e State of Texas I .1 ,� I �: 1 0� 6 Origir�als i I � � THE STATE OF TEXaS l + i COL7NTY OF TARRANT BOND �K06340246 pEz�oxMr�xcE Borm § § § KNOW ALL BY THESE PRESENTS: That we, (1} PERMA SYSTEM5 GENERAL CONTRACTOR5, INC., as Principal herein, and (2) Wes tc:hes ter ��'ire Tnsurar�ce Company , a corporatian organized under the laws of the State of (3) New York , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are heId and firmly bound unto the City � of Fari Worth, a municipal corparation lacated in Tarrant and Denton Coun�ies, Texas, Obligee herein, in the suin of �� `�WO HUNDRED ETGHTY-TWO THOUSAND THREE HUNDRED NINETY-THREE AND , 54/100 ...:................. I7ollars {$�8�,393.54) for the paymant of which sum we bind ourselves, our heirs, executors, � adininistrators, successors and assigns, jointly and severally, i"irmly by these presents. WHERLAS, Principal has entereci into a certain written contract with the Obligee dated the�th day of '� March , 2003, a copy of which is attached hereto and made a part hereof for a]l p�rposes, for the construction af .� � � 1 ,� A f� � REPLACEMENT OF �LAYGR4UNDS AT EA,STQVER, LITTLE PE4PLE, MADDOX A.ND MCDONALD PARKS NOW, THEREFORE, the condition of t�is ob�igation is such, if the said Principal sha]I faithl�ully perfazni the work in accordance with the plans, specifications, and coniract documents and shalI ful�y indemnzfy and hold harmiess the 061igee from all costs and damages which (]bli�ee may suffer 6y reason of Principal's default, and reimburse and repay Obligee for all outlay and e�cpense that Obligee may incur in making good such default, then this obligation shall ba �oid; otherwise, to remain in full force anc� effect. PR�VIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all LiabiIities on this bond shalI be deterrnined in accordance witl� the provisions of sucl� statnte, tn the same extent as if it were copied at length herein. TN WITNESS W�HEREOF, the duly authorized representatives of the I'rincipal and the 5urety have executed this instr�ment. 6 �^ � _ , SIGNED and SEALED this�t� day of M�rch, 2043. � ATTEST: � � � {Principal) Secretary 1 �' (SEAL) a to Principal . ATT�ST� �ecreta�y ( � � ,A 1_) � P��i4fl� SYSi�IUi� G�iV�RAL �ONT RS.IPI�. P N Name: Theodis 5immaris Presiden�. Title: Acidress: 244 W. �ELiLIN� ��AD C��AF3 HILL, iX l�1Q4 WESTCHESTER FIRE INSURANCE COMPANY SURETY ' By�' � �-�' a�G�" y v'� / ��-� r Name: M• �everr Bedford' Attorney in F'act Address: 1601 Chestrrut Street Phil.adel�hia. PA 19192 ,� ' . � �� Witr�es as�to Surety � ,, Telephone Number: �00-375-2753 NQTE: (1) Correct name of PrincEpal {Contractor). (2) Carrect name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an Qriginal copy of Power af Attorney sriall he attached to Band by the AttorRey-in-Fact. The date afi band shall nQt be prior to date of Contract, : .� .� THE STATE OF TEXAS COUNTY OP TA1tRANT PAYNIENT BOND § § � BOND #K06340246 KNOW AL.I� B Y THESE JPR�SENTS: �'hat we, (l) PERMA SYSTEMS GENEAAL CONTRACTORS, INC., as Prin�iPal herein, and (2) WeStcl��t�r Fire Ir�sur�nce CQmpar�y, a corporataon organized and existing under tl�e laws at'the State oi(3) New Y�rk , as surety, are held and �umly bound unto the City of Fort Worth, a municipal corparation Iocated in Tarrant and Denton Counties, Texas, �bligee herein, in the amount of TWO HUNDAED EIGHTY-TWO THOUSAND THREE HUNDRED NTNETY-THREE AND a4/100 ..................... Dallars ($2$2,393.54) %r the payment whereof, the said Principal and Surety bind themselves and their heirs, executars, admi�istrators, successors and assigns, jaintty and severally, firmIy by these presents: WHEREAS, the Principal has entezed into a certain written contract with the Obligee dated the � t�day of March ,�,p03, which contract is hereby referred ta and made a part hereof as if fupy and to ihe same extent as if copied at length, for the fallowing project: REPLACEMENT OF PLAYGROUNDS AT EASTOVER, LITTLE PEOPLE. MADDOX AND MCDDiVALD PARKS LVOW, THEREFORE, THE CDNI�TTION OF THIS OBLIGATIDN I5 SUCH, #hat if the said Principal � shall faithfully znake payment to each and cvery claimant (as de�ned in Chapter 2253, Texas Government Code, as � amended) supplying labnr or materials in the prosecution of the work under the cor�tract, then this obligation shail be void; otherwise, ta remain in f�Il force and eifeet. PROVIDED, HOWEVER, that this bond is executed pursuant to Ghapter 2253 of the `Texas Governn�ent Code, as amended, and aIl liabilities an this bonH shall be determined in accordance with the provisian5 of said statute, to the same exteat as if it were copied at lengtl� harein. I i� � ,6 � IN WITNESS ViTHEREOF, the du]y authorized re�resentatives of the Principal and the Surety have � executed this instrument STGNED and S�ALED tY►is 4��ay ofMarch ,�Op3. ATTEST: . ryl � f (Prin�ipal) Secretary � r I {SEAL} . � -. � ,, ' nes a io Principal I� ATTEST: ��c�'�t� .ry (SEA�) I/ .%!'f ' �rVitness as to Surety �l�R�l1➢A SYSY��4flS �aI�I��R�L CONi S. lNC. PRI N ��; Theadis S�.mmor�s Pr�sider�t Title: Address: 244 W. ��l��,iP�� OA� C�� F,HI��, �X i5�04 Westchester Fire Insurance Company SURETY �V: �. y _ � � _____,� , 7. / _� , Name� Q"�_ Stevert Bec�ford �ttorney in �act Address: � ��'1 C3�es�tr,ut Str�aet Philadel.phia� PA 7 9'! 9� Telephone Number: 8a0-375-2753 �JC�TF- i'1) C:orrect nam� of Principai (Contractorj. ; � �4) +�:orrect �r�ame of Surety. (5} State of incorporation of Surety � Telephone �umber of surety must be stated. In addition, an original cupy of Fower o�' Attnrney sha�l be af±aGhed to Bond by the Attorney-in-Fact. _ �he date �fi bond shall not be prior to date of Contract. � ��'��' �� '�:�'#'CFI�.�'1'L:Fk �+�II�L 1N!�l.if�,�h2i.E �0�;�'hN5' � {) � �C}€�� .��i�to�� e�# _ �� .t��c�� i�fl^:R' :?y� i7te1F �Y ��'!Fce �nrt.r.•r.��ti: l'F.4k W�*TCHf``.�i;R I� Ilsr. I�itiS;;`��ti['F C'::?M?�IVV , Q coT_^ralioii s�f Ihe Sl��l� uJ' N;.;•r Yurk . h�s�ing ili _ Prj�u:i�:�I Ofiis.� r1} II}c f'IL� 4C AIEPriI;� .l.i�rtf�'� :l � �3��rs•�Rnl lu [ho I�ofla„�i�i�� l<cscluli��, o�'uplcJ Lr tl�c 3luer�3 uf �Jir�ctuo5 Gf f15o S:�Id f uill�pany wr 1Yuv4F:K'�er �i. I°)�19, sG ��i t ^. 'RES47Lk'. k�. rir+1 �1�G I�+�t�Wiap K nit. 51��III tl�'4�{� i� �Ii: e.etiiln�n fui �ihr Ct}ii:�7i�} n{ lf�i.ti�� iiirt4tti:inK��'cuqgniz.-7=ef� carnr�r� nnd oth[r ae�[�� m klir iia�lq[ 4liCiavl� f I Y 7hol ihe Frrs.!_nt, mry i�nin Vxc J'ics<donl, uu� Yir� Ih rsiJrnl. �! +�s�lU�in� Yli� I'Ic+f�lr�l 71 9�iy hIs�PPRy� �Y�'�, �+��y Si+.�e jn� oMl � 3Kiylfaf�ll¢ �n�}1J'�V HJ ond a�` Mr�Je, wdGrtating�, ruoRr'eanrn, _ cnuf� r_It R+a� irl'-��t 5� Flunge Ili klv u�� f I'-+RrepY. Ife I.�ier. I,i Ix aLLniod wllui iaer�er:ry I�y Ihe C'ofix}rair. 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C+cr4�ilc, xca� anri clrlit�rr n� 64s �cl�alf, f�++d ac :'c aco a�d �E�ed any oitiJ �11 ric�tscCs, un�itll,ikllly,s, tewc+grrir�Firces, ColirfllCl� �,1��G ��1�+,f v�rr1111gk a� Ih� n�liire [herruF iR Frrnallics n�H exc�evlmg '114vi h!ikiouai L1t�llul's {�2,U!}4,U0�1 ern1 ihw s*.:��w;rl,r� qj rnc� ��riairg� s;� �ruFsuunc�e ol� ilie.se prc�ents nhall Fr� as binding up�m t�iJ Cuiir}aoo�y, 05 I'ully �nel �� :k+ly�x 1C [hr� � h�{I hfil'� �krlvc.Cc4iErd ord:i�}�nwtrd�e�l b�+1�acTeg��lor[yelec[e�� iil�irtr.,U;�lht �.'n^t��nr.�l r.9 prinCin�! n1�flCo, 1N k:':'kT�1=.SS �Vk�LftLUt�.ihosyid Gicgorw 1. D, ea�cn� , Vtitic-P�r.sirlei�k. hu511CfEUfitU�u�xYCrr�C� his onme;end nlYixecl L€ti: cnrpr.raie_,er.laPLf�c .snc[I 1V1's��i�f'�CI+`Si'izft l�:Nl: ��ESI'lli,l�yCF� CO�IgAfV1i` Lhls 1�r�1 r{ay ni �Cj�iem{�^r ?t1i12 . , I � � .- g'��R$��;'F1+ . ,�°� . `��'.� � . � .��.� � �� le'�'�� q-':- ��i�G£�. , 11F"'r�€;'fC'�1F5�'�:t P�'::�' Jfti.��'i;l#�+�tiCF �'�JN1YhMY �* � / [..in:�sxy 3. OiierY�u.w . L+ir� l�rtt::krral � ��r�:r;!1�h15VL��1�] l {lF i'�:�t'3S�;Y1.VA�Y9f� i.'i1l;Nl'S' s 11= i'I�IIl.AT]Tl.�l�ll.L �:_ I}fl 1�1Lti ?Si'CI {j3�' G�'r 4i�c�,FiS�711EFYf .?i.E1 �i7O� � bL'�C3fC 1114',:L N151i1Y}' fFII�5f5{: RI f�YC �.{}Ij]�jl{}lSXV��Lh f`T PC1�r,Sylti��nra� i�r o�td F[pr 11re {'�i�ty qr]'hil��irtlri��q cun+� t;�c�ary ! Ul��rsv�, � Yi4c�Yfs'kFsl�ttt c�: Ihx ►W%',S'�'[::F��'TFR SiR� F4S�;R��:V{�F, �.�I�t'II�A�4Y 1�} III� �]C'iS{7113II}' I:3l4154'i7 IU be 11�� indoMldual �:1 ulF�:CF 3v1};s xxtCutC� Ifir. prrcpllnk �Rtitsunx�l, nnd hi oc�Cn�iu�lc{lyr�l lb,iL hc cx�t�u[t� lhc 6ah7C, a�h� 117u1 IIiC�e:il afTk%Cd !p �I� �,fcC�xE�k4�, 1+15t�sII110M1k i4 114C cornnfatcscal ofaa�d l'orr:��aRyi i�l3i i�ip 5�7]{kfiL7fj!{}fill��Cill �i11�S fii� �.i�„��1sil4.wc�c �Jtrl}-�fl�fiv�,ii I,y «4xulhr.M,iy�nrl a9i,e4i,��n ��ihe ssi,i cnr�rxat�on, xnd ihai I�c:�v!u11Uu� Ldu�S,Cc! by ksa�. €3u�rJ of i7il'r�Cl[l�s ur s�i+� C'um��an}�, iel'cireil I,f �n llGc �rrecdan� cresl��eut. Ih Rasv in I�wte_ �r� -rr:��!4tcxr�'� v��Fi�.Krc�r, i h�vc I►ereun�u se[ mv hand anJ afltxtd my 417ica�] sca3 RC th� City of F'hi��lel�il��n 4is� r:3y ��d y4.ar ft:;l �;7nv�e rvr�llen � �.�r- *•'�+� '. f �� ° � �� i�� f� � � ��k�� L �! � � � � �ti *�� -��;�� ^• , _.. ,., NOXAA�14� 9�k� KJ111rIiti:Y r�Ifl, II61L:jf �{kbl.0 Y'��adcl�th�aClt�_ f�M11MScl�tJuaCuionly f+1y eermir;ssl^a� txp9�vs S�p_ i"�, ).f:;F3 � �� M1"?t} �F41}Y.74 I, sI,U tlsYacl�i��¢ $�i��niy �rfi3��'[{'HF�TI?�'i Fi�1F, IM1�41RfLY{"M= [:[}�fl'dtiY ,�Cu I�ercby ccr[il�y lhrl Ihc ��;�;n�� ro�vn� or• Is7"T'{�E�`,�I�.�, �I� �'I�icl� �he fnrG}�oin� w�: o suhyS�kLially 1T�e �nd c«nerl c«py, i3 iri I�tiI3 E��i't� u�id e�feC9, Jn w�n:ess svl�� f. ! ha,�U heo�ua�su su�s�:abrJ ,ny �ru�s� as 5ecrcl�ry. ^.:;f �:fFxcJ 1laseurporrie seal oi �h�^, C.C�i�[�'r311�17Y, ihis 4��y oC ��$�.�� " "G�� _��1L:$ i:�,'��'. : ��' '�`�'.� �� , • � � �'� �' i r :q � ��,�,� �Qr�+ �.,fl+lHG��. ' � f�tUr ,� � MI�111 rl. �r,tf:lar F f� Y ��k!:q4 Pc aV4'i=R ��k� ;s�l'3'[)kTwi�'� hriA�' Nty3� l#�• U53�7'E'{} C7�EL'lJ�i'� Al,'Y �3(}�ff} �4'Tl�l i hN fNCr?"r!C]N f),�'fL I�hTE.E� �e, fe�nt��r �a, ,2(>rc1�i , ��[�� KC)b34Q?4G MAR-25-�003 Tl{E 11�44 Ai1 CITY F,W, ENGI�[EERii�G FAx �[0, 817 871 7854 P� 02 CYTY OF FORT W(l�tT�i, TEXAS CQNTRACT STAT� ��"iEXAS § KNQW AY,�, B'Y THE5� PRESENTS: COUNTY OE TATtRANT � . Th�t this agreer3aent, n�ade and entere�i inta this the a`t` �ay ��f MARCII, A,A. iUU3, by and between tiie CITY OF F()RT V+/O�T�i, n inunici�al cnrparatian of Tai�•ant �ounty, TexAs, ar�,aziixed ancl �zaslin�; under and by virtu� of a speciai charter adapted hy the quali�i�d voters withiri said City an the 1 tth day o#'ptcerni,er, A.T7. 1924, under Ehe authoriEy 4f th�: Cons[itutio�l nf'I'exas, and in accardAnce with a re:salution duly �assed at x rcgula.r meetin� of t�te City Counci] of �aid �ity, and d�e Ciry of F�rt Worth heing hereaftar tsrms:d Owaer, and p�`Tt1NA 5'YSi'ENiS G�N�RA� CO1VTYtACTORS. [NC., hare*in�Rer cal�ed Conh•actar. Wl'I'N�3SE�'H: That said partiex have agreed as follaws: 1. That fo� and in cansideration of tha payments and agrcements herein�fter m�:niioned to be made and perforrned by tlze Qr�rner, aad undcr lhe canditions expressed in the band bearing ave� ciate hercwith, Ehe said ConEractot he,reby a�;rees with the s:sid Uwner to eommenca and compl�.tc �he eaastruerion of cc.ru�ir irnprovaments d�scrib�:t� as faIlows; 2. That the work herein eonlemplated sh�Il cc+nsist ot'fr_+rnishing all labor, tools, appliances and niaterials neeess�ry for the c�ansuuctiars and ccyraplrs�ior� of s�id project in accardance wi�h the P[ans and Spacifications har�tatare pr�pared 6y the Parks and �ammunity Services Dep�rtment nf [he City nf Fort VJ'orth and adopted by th�: City Council of said City, ns an independent cantrac�or, and whioh plar�s and spec:i�caki(ms are incorporated hera�n by reference. 3. The Contractar hereby a�es ��d binds t�imself to commenee the canstruc:tian af said w�rk within ten (I4j dflys after being notified in writing to do so by the �epatzment of En�ineering Asrec�or oE'the City of Fort Worth. 4. '�he Con[ractor herc:by a�ees ta prosecute said wark with reasonahle dilig�nce after the carrunencement thereof and to fully camplete and finiuh the sama romdy far tha inspeccion and ap�>ror+al of ch�. Depar[mc:nt af E��ginearing Director af the Gity of, �'prt Worth and thc �ity Cauncil of the Ciry of Port Warih within a perind nf q� warki� p_ days f'rom tha time of commenci�g s�id work; that asid ContrActc�r sla�ll be ei�titled t� an excensi�m of said tirna far doin� s�ud work far such tiine as I�e may necetis�rily ]nsc or b� delayed by unavoidable accident� cdusc:d by anfnreseen matters over wiiieh said Coniraetnr �as pa cvntrol, such a.�. inclemency in the weacher, acts af Providc:nc4, I�bar strikGs snd detivery of rnateriAls, in all of wliich cases the nw�ligencc or carelessness of the Co�tracior is nvt cc�ntributing lo such delay. S. 3hould the Castractor f�il to begi.n the work her$in provided fnr within th� time h�rein fixed or to cArry on And conipleta the same a�ccordiyig ta tlie tr�ue .meani��; o#' the int�n� ancE tc:rma al` said specificAtions, then the C9ty s13all iaava tl�e right to Cake ch�.r�e af and complete the wark in sUch a manacr as il m$y deem proper, And if, in the corn}�ietioa thereof, ttte cost. to the said City shall exCeed tir� confract price ar priccs set for�h ie the sn9d plac�s and s�ecificatians made a part hereo% the Contractor s�all �ay said City on demund in �vri�in�;, setting forth and specifyin� an statnited statamei�t of the tatu] cast tl�ereaf, said excess cosc. � ,�1�Q�1� G��C�U� aD C�� '°C��" � �' `�,�r�`��n4 .� � i � MAR-25-��03 TUE 11�45 AM CITY F,�, E�GINEERING �AX H0. 817 87l 785� P, 04 IN UlrTTT1ESS WH�REOF, rhe C�ty of Fort Worth hAs caused this instrument to be sto ed in triplicate in its na�ne and nn i�s beh�lf by the City Man��er flnd attest�d �,y its Secreta�•�+, wilh ihe corpor�te s�ai c�l� lha City of Forz Worth attached. '�he Cflntrbctor has exr;eutec! th►s insuumc:nt through its dufy at�thorized officers in lhree counterparts with its coFpr�r�te sesl attached. ponc in T�ort Worth, Texas, this the 4th day af 1VCA�tCH, A.D. 2003. �CQMMEND�A �Y: APPRO'V'�D BY; � � CYT'Y D�' ��1V�A � � , , , �J , , � � � �, '�: d� � 4R M�NT OF ENGi �RING PA TC5 AND COMM�i�'Y S�R VTC�S T12�CT�R . � DIRECTOI.t D � WD A�"�'�'�`. -, � ` �. �^V ; _ _ , j � � . 'Y' 'ER �� A � _ � �RE -- ,i� � __. �� 'STFM C�EN��tALCONTRA,C'F�RS,INC. �on�r�ct Authoriz�tia� �CCINTRACTOIt _"''. � _ _ " � I � b�� _ _ � P ent TITLE Z44 VSt. ��iT�.� Q ;,;� C.�xlAl2 �Y�.r.. TX -�1�04 AT?I]ir�SS N'Qr�ember 1960 Re��ised Navember 19$2 Rcviscd M�ty 198d Revised Qcto�er 19�y n G�7 APl°RQVED S T 4R�.1� AND T,�GALITY AS 1- - ATTQANEY � '.�r��C��ad .��C�C G°�� [�� ann�.r,�M ��nn i� �� ' � �_ � � RIYAIF�[�[V,�NC� �OPl� BOND #K06340246 THE STATE OF T�XAS § § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: � That PERiV➢A SYS�'�N9S [��I��A� C�iV�RACYORS, IN�.("Contracta�'), as principal, and W�st- r-�ester Fire Ir�surance Compar��a corporation organized under the faws of the 5tate of New York � � ,("Suret�'), do her�by acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporatian chari�red by virtue of Constitutia� and laws of the State vf T�xas, ("City") in Tarrant County, Texas, the surn af TW� HUf��L�� iGHiYoTWO �bOUS�N� ibRl�Fc i�lJi�DR�D F�11�EiY�Yk�� AF�l� 541100 ..................... Dollars {$�8�,393.5�4), iawful money of the United Stat�s, for payment of which sum well and truly be made unto said City and Fts successors, said Contractor and Surety da herehy bind themselves, their h�irs, executors, administrators, assigns and successors, joinily and severaEly. This abligation is conciitioned, Y�owever, that: WHEREAS, said Cantractor has this day er�tered into a writte� Contract with the City of For� Worth, dated the 4�� ofi March ��p03, a copy of which is hereto attached and made a part hereof, for th� p�rforrr�ance of the following described public impravem�nts: RI�PLACEkiIYENi O� ��dYC�OI�N�S Ai �ASi�V�R, LITT�E PE�PLE, MA��OX �►N� IV��OIVd�� f�RKS the same being referred to herein and in said co�tract as the Work and being designated as praject number(s) CR�fi-0�0438i10010/GR76�Q8043�7100i01�R7fip080438710050/CR76�08D438�10020 and said contract, including all of the specifications, conditians, addenda, cF�ange orders and wriiten instruments referreci to therein as �ontract Doc�amer�ts being incorporated herein and being made a , part hereof; and, WHEREAS, in said Contract, Cantractar binds its�lf to use such ma#erials and to so construct �, the work that E# will remain in gnod repair and condition for and during a periad of after the date of tf�e fina! acceptance af the work by ih� City; and WHEREAS, said Contractor bEnds itseff to maintain said work in good repair and candi#ion far said term of Ywo (2) ye�ars; and , i� � . WHEREAS, said Contractor binc�s itself to repair or reconstruct the Work in whole or in � part at any time within said period, if in the opinion of the Director of the City of For� Workh Departrr�ent of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice af the need therefore to repair or reconstruct said Work as herein provided. , NOW THERE�ORE, if said Contractor shall keep and perform its saici agreement ta maintain, repair or reconstruct said Work irt accordance with all th� terms and conditions of said ;i , ,r :� �II � Contract, these presants shall be null and void, and have na farce or e#fect. Otherwis�, this Bond shall i�e and remain in full force and effect, and the City shall have and recover from Car�tractor and Sursty damages in the prem`tses as prescribed by said Contracf. TE�is obligation shall be a cantinuing one and successive recoveries may �e had hereon for suecessive breaches untii the fuli amount hereaf is exhausted. TN WI'TNESS WHEREOF, this instruznent is exeeuted in 6 counterparts, each of which shaIl he deemed an original, this 4th day of Mar'ch, A.D. �003. ATTEST: (S E A L) y Secretary a�'�f'EST: (� � A L) ' /!f � � Secretary - PE�iV�A SYS��MS C�M��A� COIV'�R�►Ci�RS, IF1C. Cant B � _. N� , s 5immor�s Title: �'��ider�t ��:`a�Ci�2�ftV�r �+1r+� II7$Ur'�.1'10E.-' �-'�m�e�CY� �urety . � � ,r 3y,-- , . _.; �. �• . .- 1ti— - fSJ�m�: M. ��tev�f ��ord . �i��P_; +h��QY'1'1P�T—I17—F�.Ct M �� ChpGtryut �ti�2t. ph;l?dPlph,ia, PA 19192 �4ddress I.