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Home My WebLink About025594 - Construction-Related - Contract - J.L. Bertram Construction & Engineering, Inc.5 C , l� �`; :�'`u;� , �r i 'l: � ' r .� [� l e f . ''�•+ G&A #199026FW01 �'!�'Y aECRETARY r/� t�• �:��T�i S�I�E�ARY ��A�� ' �5\> vl =� SPECIFICATIONS AND �'.�a�.�. F��.E CONTRACT DOCUMENTS A:.��,,,��,��,�� a�� . FOR PAVING IMPROVEMENTS :. �"; ��,''1"�w` �="�� ^:"'�s�' � �'�°�'� ti7--�k�.�$�� '>��,A:��'i�l6�t�� UNIT I PAVEMENT RECONSTRUCTION FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE UNIT II PA!✓EMENT RECONSTRUCTION FOR AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE DOE NO. 2589 FILE NO. K-1601 � � � � � THE CITY OF FORT WQRTH, TEXAS KENNETH BARR BOB TERRELL MAYOR CITY MANAGER PREPARED FOR THE CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT HUGO A. MALANGA, P.E., DIRECTOR .. .,. � . I GARCIA & ASSOCIATES I � ENGINEERING,INC. � � 7 ��f�8�i�� AUGUST 1 �9�� . �� 1t� IN JS !� v � �„ �s • R City of Fo�t Worth, Texas Mayo r and C our�.c � l Commurii Cat i or�. DATE REFERENCE NUMBER I LOG NAME 12/21 /99 **C-17787 30PHEC PAGE 1 of 2 SUBJECT AWARD OF CONTRACT TO J.L. BERTRAM CONSTRUCTION & ENGINEERING, INC. FOR THE PAVEMENT RECONSTRUCTION OF AVENUE B AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with J.L. Bertram Construction and Engineering, Inc. in the amount of $239,975.86 (Alternative II) for Pavement Reconstruction for Unit I, Avenue B from Connor Avenue to Nashville Avenue and Unit II, Avenue D from Connor Avenue to Nashville Avenue. DISCUSSION: On March 23, 1999 (M&C C-17337), the City Council authorized the City Manager to execute an engineering services agreement with Garcia and Associates Engineering, Inc. to prepare plans and specifications for infrastructure improvements within the Polytechnic Heights Educational Corridor (PHEC). The PHEC is an area bound by East Rosedale Street on the south, Bishop Street on the east, the Union Pacific Railroad on the north and Beach Street on the west. The City will focus initial efforts on the Nashville Triangle Neighborhood bound by East Rosedale on the south, Nashville Avenue on the east, East Vickery on the north and East Beach Street on the west. The street improvements will be.funded by the Community Development Block Grant. The street improvements will include the use of Alternative II, Pavement Reconstruction method, which includes the use of 5-inch HMAC with concrete curb and guttering, driveway approaches and sidewalks and leadwalks where shown on the plans. The project is located in COUNCIL DISTRICT 8, Mapsco 78J and 78K. The project was advertised for bid September 23 and 30, 1999. On October 21, 1999, the following bids were received: BIDDER J.L. Bertram Constuction & Enqineerinq, Inc. McClendon Construction Co. APAC-Texas, Inc. Branch & Sons Construction, Inc. Jackson Construction, Inc. Allshall Construction Co. AMOUNT Alternative I Alternative II $248,340.34 $239,975.86 248,573.00 244,577.00 274,716.90 265,688.90 266,133.75 249,672.83 322,255.90 215,427.10 340,070.00 352,235.00 TIME OF COMPLETION 130 Calendar Days J.L. Bertram Construction & Engineering, Inc. is in compliance with the City's M/WBE Ordinance by committing to 10% M/WBE participation and documenting good faith effort. The City's goal on this project is 20%. The vendor identified several subcontracting and supplier opportunities on the above L �` � . , City of Fort Worth, Texas Mayor and Counc�l C: O1�I�tu 1'1 ]. C c'� t 1. O 11 DATE REFERENCE NUMBER LOG NAME PAGE 12/21/99 **C_17787 I 30PHEC 2 of 2 SUBJECT AWARD OF CONTRACT TO J.L. BERTRAM CONSTRUCTION & ENGINEERING, INC. FOR THE PAVEMENT RECONSTRUCTION OF AVENUE B AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE listed project. The M/WBE's contacted in the areas identified either did not respond or did not submit the lowest bid. FISCAL INFORMATION/CERTIFICATION: ' The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. MG:j Submitted for City Manager's Of�ice by: FUND I ACCOUNT I CENTER I AMOUNT (to) CITY SECRETARY Mike Groomer 6140 Originating Department Head: A. Douglas Rademaker 6157 �(from) � APPROVED 12/21/99 � •� � ' s . DATE 12/21 /99 SUBJECT City of Fo�t Worth, Texas Mayor and Council Communi�ation REFERENCE NUMBER LOG NAME PAGE **C-17787 30PHEC 3 of 2 AWARD OF CONTRACT TO J.L. BERTRAM CONSTRUCTION & ENGINEERING, INC. FOR THE PAVEMENT RECONSTRUCTION OF AVENUE B AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE I GR76 539120 005206122130 $239,975.86 � Additional Information Contact: I � � � A. Douglas Rademaker 6157 I I I_�J �� I■I . , . , �.� CITY OF FORT WORTH , DEPARTMENT OF ENGINEERING ADDENDUM NO.1 TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PAVING IMPROVEMENTS I , UNIT I Q PAVEMENT RECONSTRUCTION FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE � i U1VIT II PAVEMENT RECONSTRUCTION FOR AVENUE D � � FROM CONNER� AVENUE TO NASHVILLE AVENUE � � � I �J C � � � u u � � D.O.E. NO. 2589 BID RECEIPT DATE: SEP'I'EMBER 30,1999 DATE ADDENDUM ISSUED: SEPTEMBER 20,1999 Prospective bidders are hereby notiiied of the following: I. Part E - Special Provisions, Pazagraph 30, "CONTRACTOR'S RESPONSIBII.ITY FOR DAMAGE CLAIMS" on pages SP-7 and SP-8 should . be deleted in its entirety and replaced with the following: � 30. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents,. employees, subcontractors, licensees or invitees, whether or not anv such in)ury, dama�e or death is caused, in whole or in part, b� the ne�li�ence� or alle�ed ne�li�ence of Owner, its officers. servants� or emplovees. Contractor likewise covenants and agrees to indem�.ify and hold hannless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anv such iniury or dama�e is �caused in whole or in part bv the ne�li�ence or alleEed ne�li�ence of Owner. its of�cers, servants or emplovees. • A:�ADDENDIJM DOC..doc � � C In the event Owner receives a written claim for damages against the Contractor or its � subcontractors prior to final payment, �nal payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled andlor a � release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. a The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against wham a claim for damages is outstanding as a result of work performed under a City Contract." � ' II. The "Bid Opening" will be delayed until October 14, 1999. �I� I�l Lil �■J � � �I� � � J � ,�� '� All other provisions of the plans, specifications and contract documents for the project, which are not expressly amended.herein, shall remain in full force and effect. Failure to return a signed copy of the addendum with the proposal should be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. • RECEIPT ACKNOWLEDGED: A. Douglas Rademaker, P.E., Director Department of Engineering 1 L 1 . By: Rick Trice, P.E., Manager .., � A:WDDENDiJM DOC..doc � �� a 0 0 � a � � � � � � � a a � � a � �- CYT`�C O�' FORT WORTH D�PA�t'�'MENT OF ENGINEERINC ,AJJAENDUM NO. 2 TO THE PLANS, SPEC�k'�C,A,TIONS AND CONTRACT DOCUMENTS FOR PAVING IMPROVEMENTS IJ�TX'�' � pAV��ENT RECONSTRUCTIQN �'QR AVENUE S �'�tOM CONNEi't AirENUE '�'O NASHVILLE AVE�1'ti� 'UNz�' �I PAV'EMENT �CONST�tU'CTION FOR AV�NUE D FROM CONNER A'VENUE '�'O NEI,SHVILLE AVENY7E D.O.E. NO. 2589 BiA �CEIFT DATE: SEPTEM��t 30, 1999 DA'I'E ADDENDUM ISS�D: QC'�'O��R 5,1994 �zospective bidders axe hc.'rcby notified of thz followxr��; I. The "Bid Opening" wi�l be delayed until October 21, 1999. � II. Part C— PROPOSAL SFC'�'�ON I. Delete existing PROPOSAL pay iter�,s 11, I2 and 13 from Unit I and ad.d: iTNIT �: � �TEM QCJA.�iTITY D�SCRIPTION T TUiT pT2T�� e��-r 11 12 �� Adjust Watez Valve Box io new �'avement Grade; � 4 EA Per Each: Two Hundred-Fifty. Dollars anci No Cents Adjust Water Meter Box to new Parkway Grade; Per Each: _ _:� � , $ 250.00 $ I,000.00 �hirtv-Five Dollars 10 EA and No Cents $ � Zd Wd0E:Z0 666Z 90 '��0 £titt 9btr Lti8 :'ON kti� 35.00 $ 350.00 S�lti I �OSSti '�-ti I �akiJ : WO�i� � r � � � � I I 1 I � 1 � � � � I � � , 13. 111 CY 6" Topsoil; Pez Cubic Yard: E�even arxd No Aollars Cents $ 11.00 $ I;22�,00 2. Delete existing �ROPOSAL pay itr;ms 10, 11 and 12 from Unit II and add: UNIT Ff: ITEM QU'ANTITX DESCRIPTION ANA UNiT Adjust Watzr VaI�ve Box to new Pavement � Grade; 10. 8 E.A Per Each: Two Hundxed-Fifty Dollars arrd No_ Cents Adjust Water Meier Box to new Parkway Grade; � 11. 17 EA. Per Each: � �JIVIT PRICE AMOUNT $ 250,Q0 $ 2,000.00 Thisty-�� ive DoIIazs and NQ Cents $ 35.00_ $ 5�5_00 12. 2I5 CY 6" Topsoil; � Per Cubic Yard: . Eleven Dollazs at�d No Cents $ ^„�11.00_ $ 2,365.00 �. Part D- MBE/WBE BiD SPECIFICATTONS: Revise M/WBE PR4J�CCT GOALS to read: The City's MBE/VVBE goals on tk�xs project for Aiternative Y is 18%, and for Alteraative II is 20% of the base bid value of the contract. All other provisions of the plans, specifcations and coz�tract document fo� the project wiuch are �aot expressly arnended herein sball reAn.ain in full foxce and effect. -2- £d WdO� : Z0 666I 90 "��0 £ti ti ti 9bb Lti8 :'ON Xt1.� S�lti I�OSSd '8-ti I��1tiJ : W0�1� •r � � � � � 0 � I � � � I � I I � � I I � Fai3ure to r�turn a signed copy of the addenduni with the Proposal sha1� be �rounds �or rendering the bid non-responsive. A signed copy o� ihis addencium shall be placed into the proposal at.the time af bid subzx�.'sttal_ RECExP',�' AC�NOW�.EDGED: �� 9. �.a ��"4'C��T� °' � Company �� $y_ V ..�-. �' Date: ��1 �Gi'4°! I A. DougIas Rade�octa�cec, P,�., Director Depart�xxem of Engine ' Approved By: i � —r-�`--''" R.ick Trice, �_�: Mana�er, Consultant Services -3- bd wdti�:ZO 666T 90 '��0 �TtiT 9bb Lti8 :'ON Xti� S�1dI�OSSti �-tiI�btiJ : WOa� 1 ' ' � � ' I I � � I � I � I � I 1 � SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PAVING IMPROVEMENTS G&A #199026FW01 FW UNIT I PAVEMENT RECONSTRUCTION FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE UNIT II PAVEMENT RECONSTRUCTION FOR AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE DOE NO. 2589 FILE NO. K-1601 IN THE CITY OF FORT WORTH, TEXAS KENNETH BARR MAYOR BOB TERRELL CITY MANAGER PREPARED FOR THE CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT HUGO A. MALANGA, P.E., DIRECTOR PREPARED BY: � GARCIA 6 ASSOCUVTES � ENGINEERING,INC. AUGUST 1999 � � Q � � � � Q 0 a Q � � � � � � � D TABLE OF CONTENTS PART A- COMPREHENSIVE NOTICE:TO BIDDERS' PART 6=- SPECIAL.INSTRUCTIONS 70. BIDDERS' PART G PROPOSAL PART D- MBE/WBE-SPECIFICATIONS PART � SPECIAL PROVISIONS T/FW PROJECTS,=' � PREVAILING WAGERAiES PART F= WHEEL CHAIR RAMPS SPECIFICATIONS" TILE STREET MARKER DETAILS PART G- INSURANCE/BONDS WORKER'S COMPENSATtON CERTIFICATE OF INSURANCE-: PERFORMANCE BOND` , PAYMENT BOND.. MAINTENANCE:BbND' PAR'i H- CONTRACT ' � PART I- HOUSING AND URBAN DEVELOPMENT . COMPLIANCE GU1DE AND SPECIFICATIONS� (G&A # 199026FW01 FW) (G&A # 199026FW01 FW) �'J � L■J l �J � � � L' u PA RT A 0 � � � COMPREHENSIVE NOTI�E TO BIDDERS 0 . . 0 � � � 0 � � _.; � I �' (G&A #199026FW01 FW) COMPREHENSIVE NOTICE TO BIDDERS L�!' � � l�'J � Sealed proposals for the following: FOR: PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE , AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE D.O.E. No. 2589 Addressed to Mr. Bob Terrell, City Manager of the City of Foit Worth, Texas, wii{ be received at the Purchasing Office until 1:30 p.m.,Thursday, S ptember 23.1999 and then publicly opened and read aloud at 2:00 p.m. Plans, Specifications and Contract�ocuments may be obtained in the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. One set of documents will be provided �to prospective bidder for a deposit of twenty dollars ($20}; such deposit wiH be refunded in the document is returned in good condition within 10 days after bids are opened. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20) for each set. These documents contain additional information for prospective bidders. All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes of the State � of Texas" with respect to the payment of prevailing wage rates and City Ordinance no. 7278 as amended by the City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29) prohibiting discrimination _� _ _.-.__...�n.if�. �m.p1.a.�r.m�ntrp.r�tic�,s..._.___._.._�._�._�.__:._._...... - _ __ , . . . � Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. 1■J � l� �� IsJ � l"�J l�J �' The major work will consist of the following: 2284 SY DEMOLITION OF CONCRETE FEATURES 5193 SY 8" PAVEMENT PULVERIZATION (ALT I)QR 5" UNCLA5SlFIED ROADWAY EXCAVATION (ALT ll) 5193 . SY 8" CEMENT STABILIZATION (ALT I) OR 6" LIME Sl'ABILIZATION (ALT II) 5144 SF 6" REINFORCED CONCRETE DRIVEWAY 9493 SF 4" REINFORCED CONCRETE FOR SIDEWALKS, LEADWALKS, & ACCESSIBILITY RAMPS 20 CY RETAINING WALL WITH SIDEWALK 2640 LF 7" CONCRETE CURB & GUTfER 727 TN 3" HMAC SURFACE COURSE (TYPE "D" MIX) (ALTERNATIVE I) 481 TN 2" HMAC SURFACE COURSE (TYPE."D" MIX) (ALTERNATIVE I1) 727 TN 3" HMAC BASE COURSE (TYPE "B" MIX) (ALTERNATIVE II) 1 EA S7ANDARD 10' CURB INLET Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. 0 CNTB-1 L�J l�J � � (G&A #199026FW01 FW) The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriated is received by the City. The award of contract, if made, will tie within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the Contract has been verified. SUBMISSION OF BIDS:The Contract, if awarded, shall be awarded to the lowest responsive bidder. � 8idders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialmg the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge.receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained be contacting the Department of Engineering at (817) 871-7910. � L�J � � L�7 ['I L In accord with City of Fort Worth, Ordinance No.11923, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. In order for a bid to be considered responsive, the AFF1DAVfT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render the bid non-responsive. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CON7RACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the apprcrpriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. The managing Department for this project is Department of Engineering. For additional information concerning this project, please contact Mr. Rick Trice, P.E., Project Manager, City of Fort Worth at 817/871-7959 or Mr. Hank Milfer, Garcia & Associates Engineering, Inc. at 817/446-1800. BOB TERRELL CITY MANAGER � � D a Advertising Date: 0 Sept 2. 1999 � Fort Worth, Texas D � � � ' � CNTB-2 ALICE CHURCH CITY SECRETARY A. Douglas Rademaker, P.E., Director Department of Engineering By: Rick Trice, P.E. Manager, Consultant Services (G�&A` #=199026F1N01 FV1/) P�►R'T B� SPECIAL INSTRUCTIQNSk TDy BIDDERS � ,� i �` � �J c � SPECIAL INSTRUCITONS TO BIDDERS 1� �� SE��'' �iez's cfiec3c or an acceptable bidder's bond payabie ta the City of Fort w°�, � an�n°unt ofnot less.than 5ve (5%) per cent afthe total of the bid submitted must accompan}► the bic� a�ad =S �bJe� to forfeiz in the sveat the succ�ssful bidder faiIs to execute the contract docume�a,ts ��n ten (IO) days af}er the conuact has been awarded, To be an acceptable �.e�, on �e bond, (1) the name ofthe surety sha1I be inciuded on the curreat U S. T'reasury, or (2) the surety must }zave capital and �surp.Ius equal to ten times tiie Iimit of tite bond. T�xc surety must be licerised to do business in the state of Texas. The amount bf the bond ��ajl noi exceed the amount shown on the Lreasury jist or one-tenth (I/IO) the total capita� �d surpIus. � � � �� ; : � �� Z� �� B�� e TM �ND. ihe successful hidder entering into � v PERFORMA N�-T• . a connact for the work ��riJI be required to give the Ci surery in a sum afthe conuact a �' eQual to the amouaL �d�d. In tius connectio� the successful bidder shaII be required to furnish a performance bond a�; well as a paymeat bond, botit in a sum equal to the amount of the contract awarded. The f�r� of tfie bond shall be as herein provided and the sure.iy shaIl be accrprable to the City. �t ��l bonds furnished hereunder shail mee�s the requiremenrs of ArticIe SI60 ofthe Revised �R�';� Statutes ofTeacas, as amended. In order for a surery to b�; ��je�to the Ci (1) the name flf the sure on the current U.S. �' LY ShaIi b�included Tr�.�sury List of Acceptable Sureties (CircuIar 870) must f�ave c�itai and su�-t,� , or (2) the surery , us equai to tea times the amount of the bond. 'I�e �re�, �� be Iice.zsed to do business x�� t�e Staze of Texas. The amount -of tiie bond shalI not e�c�d the amount shown on the �,�;��, � or ane-tenth (I/10) of the total ca Ital - reinsurance is re uire ,, ; P and surglus. If � �, � comPanY wrivn$ the reinsuranc� must be authorized, accredited or uusteed to do busin�. � T��. . No sureries will be ac�� .{ by the City whicti are at the time in d �. bonds or which are inter� ;ed � �U �t or deiinquent on any anY ��gazion against the City. Should any surety on the contract be determined t�;, sa��o � rY atry time by the City, notice vvili be v conuactor to thaz e$�e�; �d �e � . gi esi to the rnractor shail inunediateIy provide a new sarety satisfaczory to the City. _ If the contract amount is �,i �exerss of $Z5,000, a P ent Bond shall �e amount of the contra � executed, in the � sa��'�y for the protecrion of aiI daimants su�piying i�or and rnateriais in tfie prosecution of the v�,; �rk sI-i � � r If.the:conuact arrtount is in e�ccrs� of.�I00,Q00, aF,...�;,....ance-�ond s�all be aniount ofthe con ��` uact conditioned on- the: faid�f'uI: p...l�.....�ncx af the work in a..,..., ►ia..ce - with tfie plans, speafi�o� �d;,�,�+V� ��uw..�, sid bond � S shall soIe2y be for the protection of the City of Fort WosYh. � i� � � 3. L7nUIDATET� n. ��. ,. � . : The Caatractor`s� attenrion is called to Part ,i, Iiem 8; y Paragraph 8.6, of the " Generai Provisions" of the SLaridard gpe��o� for Construction � oi the City of Fort Wo�� T�� ncerni:i II . � �� 4�� amages for laze completion of - projects. ' 4• � MB IGLTiTv;� �e of ambi�ity ar tack af ciearness in statin �" Ciry reseives the ri g Prices in the proposai, the � ght to adopt ttae most advantageous conmuction tfier�o fto the City or to rei�cz t}ie proposal. �' . - . � 5• EMPLOYM'F.tv-r;� bidders wiIl be � amended b Ci p ��d. to. �°�tpIy y�� L3' Ordinance No. 7Z78 as � y n' �ance No, i400 (Fort Worth C'ity Code Sec�on I3-A-2I t}u�ough I3-A- : "-'ol prohibiung discrimination ia employmern practices. �- 6. W�4C:F R.AT�; A1I bidders wiii be . r • required to comply with proviSion S I59a of "Vernons Annotated Civil StatuYe�" of the State� of Texas with respect to the PaYmern of preva.iling. � wage rates as established by if�e City of Forr Worth, Texas aad set forth in Contract R Dacumems for this pro�ec�t. �. . 7. F�N�NCLa L STe � �,.,-._ --: A currernt c,rstified fi�anQa1 statement De�artment of En • �y be required by the 3�e�ing if nequired for use� by the CTTy OF FORT WORTFi in dezennining the succ�s� biddcr. This� statein inde^eridern Public A ��4�� is to be prepared by an r �unrarit hoiciing a-va3id permit issued an ing Agency. . �' �P�priate Staze.Licens- S. INSUR A NC'E;W� � i l�) �3's �� of notice af award of contract, the Contractor must provid� along with executed cornra,ct documerns. aud insurance for Worker's �11DPn�e bonds, pr,00f of 52.,0,000 each perso C��nsazton and.Carr�rehe�sive�Gei:eral I,iabi��, �go�y �3� _ c n, $SO�,OOD eaci� o��u�resrc� pmpert3, Dam�g� -$300,Q00 each ocairrence). The City res�,� the ai tto� u�st required by eac� individual S� �q azry ather inse�rance coverages as may be project. 9. NONRESIDENT ur„t,...,.�i Pursuant.ta Articie 60Ig, Texas Revised CiviI Statut the City of Fort Warch will not award this contract to. a: non �sident bidder unless the nonresidern's bid is lowertha� �e low�est bidsvbraitted a by the same.amount tfiat a T �' �°��le Tex� resident bidder exas residern bidder wauld be required to �nde�id s=—z m a.nonresidenrbidder to o�tair: a campara�le conuacx in the stau in whicii the normesideat's ;principa! place. of businc�s is located. . . �,� ��O�d�t bidder° means a biddr.r whose pzincipa! piace of business is noi in ttus stat � �, but exciudes a. contractor whose uitimate parent camP�Y ar � rrcajoriry o��. � Iu principal piace of business in this state. �'+" nT�xas resident biddes" means a bidder whose principal place of business is � in this stat ��nd inciudes a conuactor whose ultimate parem company or maioriry oy�� I� Principai pIace of business in this state. I�.' . � i" Lr T�is provision does not appjy i�this contract involves federal funds. The appropriate bjan� a f�e Proposal must be fiIled out by all non resident bidders in order for iu bid to meet spe�ific�ons. The faiIure of a nanresident comractor to do so wiil automaticalIy disquali{3, t�t bidder. I0. MINORITY A�n�,�N BUSINESS Frl'�'RPurc�c• . In accord with City of Fort Wort� Ordinance IVa, 1 I923, the City of Fort' Wort}i has oais for the minority business g Participation of ��nses and women business ern�pris� � City contracts_ A copy of the Ordinance can be obtained frorri the office of the Ci Secr ��Q�� o tY etary. In order for a bid to be � nsive, the AF�IDAVIT STATEIY�1'r iaciuded within these bid documerrts must be completed and �� y� �e �d F�� tQ ��t �e com Ieierl STATEMEI�IT shall r�� e bid non-responsive. In addition, the bidder shaII�IDAVIT MBEtiVBE UT�,IZAATION FO submtt the GaOD FAITg � PRIME CONTRACTOR WAIVER FORM and/ar the . EFFORT FORM ("Documentation"} as appropriate. The Da�m��on must be received no lazer than 5:00 p.m., five (5) �ty business days after the bid ope.ning date. The bidder shall ob� a��j�t from the ri de�arane�t to whom deiiv �PrOP ��PIoyee of the manaQing ery was made. Such rer.�ipt shalI be evidence that the Documenta- tion was received by t�e CI�, Failure to comply shall render the bid non-respo�ve. Upon request, Canua��or �� to provide to Owner com lete and re_Qa.rding actuaI war�c P accurate information Performed by a Msnoriry Business Enterprise (WBE) on the conna�et and payment therefore. Contractor further agress to permit an audit andlor ex any books, rerArcis or {�� i� possession thaz wiIl substantiate the ��on of by an MBE and/or WgE. a�tual work perfonned The misre�r�eses�tazion of facts (otfier rhan a ne tation) and/or the co ..�. ��t misrepresen- mmission of fraud by the Comractor wiII t�e grounds for ternzination of t�ie contract and/or �u�g �on under a ro riaze fed ordinances reiazin �p P ��te or local laws or g to false statemerits; further, any such misrepresentation ne2ligent misre�rese��ion �othes' than a ) and/or conunission offraud wiIi resul•t in the Contractor being SS-3 .,. �� desennined to be irrc�ponsiblcand bamecl�from ....: ' pa• � t•�.�...g in City work for a.period oitime ' of not less ttt� three (3) Years. S .} 11. W � i,,,, � ARD c)F C'�: Canuactwr�I be awarded to the iowest resgonsive bidder. The Ciry reserves the rigi�t to re}ect arry ancUor aIlbids.and�waive azry and/ar all fannaiities. No bid raay be withdrau� u� �e rxpiraiion of"fo �" rry-ninc i49) daYs fro�t the date bids are oper�ed The award of c�n�� . wiit bc withirr forty-nine 49 da rr � of �id;, but in no c�se t) }►s after the ogening will the award he made� untiI aII the necessary investigations are rrzade ,' as to the respo�b� � ty of the bidder ta whom- it is proposed to award the contract . 12. PA YMFrrt�;�e �n�or will receiva ftill a o i"' ' P Ym�t (minus S/o retain age) from the City fo: �.i work for eacfi paY P�oc� Paymcrt- uf the remaining amount sfiail be made with tfie finai pavmeat, and upon acceptance ofthcprojecr. • �` . . r,; I3. �DDENDA: Bidders are r�onsi'ble forobiainin ' prior to the bid r�ece,a t g��d�� to the contract documenu p time and acknowiedging them at �e �e of bid receipt, Info��on re_ar.: :.�g the stams ofaddenda ma be oirtained Y by contacting the De�artment of Engineering Conszruction Division at (817� g�i_7g10. Bids thaz do not acicnowledge a1i app��le � addenda may be rejected as non-res oR n�ve. � 14. A Woricers �ompensazion Insurance Caverage a. Dennitions: ' Certification of coverage ("certific�"). A. copy of a certificate of ' '. certificate of authori to seif-insune� issued by the comnzissio �� a a eemest� � � or a covera,ge � t= iTWCC-8I, TWCC-8Z;, TWCC-83; or TWCC-84), S�� statuto workers compensation insurance. coverage for the person's or e� � r3' �'° . rY`S empioyess providing services on a projec� forthe duration of.the pro�ect. Duration of the project-i��udes the� time {rom the beginning of the work on the r� project until the contracto�s/person's:work on ttie project has beea complered and ', accegted by the governmental entity; ; Y .. Persons provzduig se:vices on the ro'ect "subcomractor" ia §406.096 _. p � � ) inciudes ail: persons or esititi�,s performing alI or pazt afthe�se:vices the contractor i�� to perform on the undertaiceri , P�Jeci, regar�iless af.w�esherthaz person contracted directly with � the contractor and re�arciiess of whethes that person has employess. Tius inciudes 1'" ' �� sr-�� ..-. , . 1 � � �'" . � wiri�out lu�irario� inde�endeut ........a.,�ar� .�.d..........,. �--.,,, leasin co g sapanies; nzotor ��s; ovvner-operators; empioyeas of any such enuty, or empfoyeLs af aay entity w�icii furnishes persons: to provide services: on the P�.��- "Services" includ� without Iimitazion, proyi �ng hauIin� ar delivering e4uiPment or materials, or providing labor, transporuasion, or other services related ta a. project. "Services" does not inciude activiUes unrelattd to the project, suc}i as food/bev erage vendors, off ce ��Pj3' d�i'�eries, and deiivery of porcable toilets .. , , .. b. The conuactor shaIl providod coverage, based on proper re�orting af ciassi�cation codes and Pa}'rolI amourns and fiIan of 3 anY ��erage agreements, which me�u the Stazutor5' requirernents ofTexas I.a�pr Cod� Se�ion 401.OI 1(44) or aII employe�s of the contractor providing services on the pro�ect, for the duration of the project c. ?he Contractor must provide a certi�cate of coverage to the governmemal enury prior to being awarderi the contract . d. Ifthe coverage p�od shown on the contracto�s currezi �ercI�cate of coverage snds during the durazion of the project, the contractor must, prior to the end of the � coverage period, $ie a new certi{cate' of coverage vvith the governrrzenrai entity showing tiiat coverage has bxn extended. e. The contractor shaIl abtain fnom eaci� person providing services on a project, and provide to the governmental es�tii•y: �1� a certifirate of cavera�e, p�ior to thaz person be�ing worlc on the pro}�ect, �� overnmentaI entity wili have on fIe certificazes o£coverage snowing coverage for all perso� providing services on the Project; and (2) no Iazer tfian seven da}►,s a�er receipt by the cantractor a ncw �age showin extmson of co ' ceruacate of cav g vera�e, iithe covera�ge �n,�� g period shown on the certificate of ca e snds durin the duration of the proJect. £ The contra,ctor shall reiain aiI certificates of cov �� erage for the durarion of the project and for one yeai- thereaf}er g. The conuactor shaIl notiiy th� goverrunentai enti ui vvrit� personaI deiive .. .e . �• g by certined � or rY, wit�un ten (IO) days after the contractor Imew or should have '' Irnowri, ofany ��e � mazes�aliy a$ecrs the provision of coverage of any person providing service� on the projezx. s3-� �� u� , L,.` � f� h: ThC°cantra�or shal! post on�esc�-proJ,,..t .,;:�.Ya noric�: ia thexcx� fazm aad_ n�aer P��ed by the Texas Wariae��C.....Y-=-�,... C.�1i►i....�...., informingall Y...��..�: �°�''�3 Swices on the proJectihat �heY �..... �,�..::..1.to be covered, and staung haw a person �y ��-Y ��`� �art_1ac3c o%overage; L The conuac�or ��n�y ��. � P�o� �� whom it conuacts to provide servi�� on a project, w: (1) provide covetage, based on. propec.~ o , �P �$ on classification codes and PaYroll amovnts and 5iing.ofany coverage agne�me�. which meets the statu- tory r�w��u of T"�as; 3�or. Codq S'ecsion 401.OI 1(44) for aII of iu . emPjoYees providing se:vices on the prolet� for the duravon of the projecz; �Z� Pro�ide to the contractor, prior. to thar erson b P �ginning work on the project, a certi{c�te of coverage showin that co e is bein �. °� g Provided for all �mPloYe�s ofthe person Prov+ciing services. on the projec� for the duration af the proj� - �- (3) provide the contractar, or to 'the end_ af the covera e � $ period, a new .� �ificate of covPsage siiowing- eactezision af coverage, if the coverage period showri on the current certi$cate�af caverage �s during the duration of the proj� � . W (4) obtain from each other� erson with wi�om it con p rracts, and provide to ttie contractor. . �a� a certificate of co riorto the ather person be. ' �� P ginning work on the project; and: ib) a ncw certifirate a�"�e showin extension of cov � g �� prior to the end of the caverage perioc�_ i£t}�C c�v�e period shown on the , �t certificate ofco�'era�e �s during the duration of the P��fi rR (5) retain au required certi�cates of�cov • erage on. fiIe for the duration of the project and for one year th�er. . (6) notif3► the govurunentai �' ��g bY �� ina� or personal deiiverS', � �� within ten (Ip) �ys �}�. �e pGrson lrn�wv or should have �O Y change � matezially a�ts the provision- of coverage o f�' of an � providing S�ces on the project; and �Y P��n � S2-6 C �; (� contractua�iy nquire. e�. person with. who:u it- can�a�, to per£onn as required by Parag��hs= �1) - i�, with the� crnificates, of coverage to be .� P�vided to the pesson forw�om the3► are providing, servic.es, �� • BY ��ng this cornracz or providing or causing to be provided a eertificate of �: C°v�� the conuaixor is ..�.. ......s.'..g to the governrnesrtai enrity that aIl empIoyees ofthe connactarwho w�I provide savices an the project w�I be covered by worke�s r', com�ensation coverage {er the dc�ration oi�iie� ro' that the cov P J� erage wilI be �ased °n proper repo�g of classifiration codes aad payroll amounts, and that all coverage agreemerns vv�1 be fle� with the �.l,r. �,�,.'ate snsurance canier or, in the ca,se of a seif- ..Y �� the commission's Division of Seif-Insurance ReguIation. Providing false or misIeadin8 infonnation may s�ax the cantractor to admini � penaIties or otfier civil actions. s�v� criminal, «viI k. The contracxo�S {�� , ��, Df thae provisions is a breach of contract ' by the �ontractor wiii�c�i entitles the governmental entity to deciare the conu act void ifthe cantractor does not remedy� brear.� witiiin ten days after receipt of notice of �.r - breach from the governmental a�tity, B. The coattactor shaIl post a notice on � projecx site infonning ati persons providing services . on the project thaz the}, ��u� � be covered, and stating how a person maY ��Y .......,..� coverage aad re�ort faiIiu�e:to provide coverage. Ihis notice does not saus�► other posting requireine�ts i�posed by the Te�cas Worker's Compensation Act or other Teacas Workets Conipensation (dommission rul�s. This notice must be prirned with a title ia at ieast 30 point boId type and text i� � least 19 poirn normal aad s�aII be in both En� and �S anish and � tYP�: � �' °��' �a '--�e common to the worker populatioa The text for the notices shaIl be the foIlowing te�, yv��out azry additionat words or cfianges: 0 �Q�ID W��°S COMPE�ISATION COVF�tAG� The law requires thax e� Person wor�dng on this site or providing services reIated to this construction project rnusg be covered � by woricers' corapensazion insuranc�, Tbis iaciudes persons providing hauling or d�iivering e�uipme:rt or mazerials, or ro� • P ciuig Iabor or � tiansportation or other service reiazed to the P:'oject, regardless of the identity af their _ empioyer or stattis as an eznployeen. . Call the Texas WorIce�s Compensation Commission at 512-�40-3789 to receive infonnation `W on the legal requirement for cov erag� to verify whether your esnployer has provided the � required coverage, or to report an empioyer's failure to provide coverage��. � � s=-7 � I5: NON DISCRiMnvw�.:..��., , . • - _ � 'I"Iic��onttarsor siiaiL: szot. dis.»...�---- .: agai�; esaon: o� ' persons because-afs � an3' P� cx, rac� rdigio�. coior;. or national ari� and: sitali com�iy wit�. the: ..` . provisions of C'ity p��ce 7278; as:ameaded by �r Ordiaaacct 7400 (ForC Wort�i C'ity �` Cade Sections I3A_�1 throu 8� �A-�?, P��g d�aimina�ioa in ea�Ioyment:P�- I6. ACE DISC'RTMn�w �,r��,.*: �� , po�� ('•Policy'•) af the Fxecutive Branci� afthe £ederai 8o�+�rnna�t, Contrac�or. oo� ._.�.,� that neither it nor rr.w-no �y of its officer�, � �, � or empioYe�. wiII er�g�g�: � Perfvrining, t�is contcac� shail, in cannection with the employlne� advanarneat or terms, condrtions or a� °f.`employees or in connection with the P�eges of their employmer� disainunate agair� ��ons because of � iheir age bcce�t on the basis ofa boaa:fde occupatzonal qnaIifc�ion, retirement pIaa or statutary requiresne�t, � ConBactar further coven�u � nu�� ii nor its officer� memb or persans acting on their br.i�ai� shalL. � �' ��zS, or empIoyees, SP�fY, in: solicitations or advemsemenu for empIoyees to work on this Cor�act, a� e iimit for scic� em Io � s P yment unless the s;��ed ma�rnun a�e iu�it is based upon abona fde occupatioual quarificatio�, retirement plan or statutory re4ui�'emern. ' Conuactor watrants it yv�1 �y ��iY ��e Policy and wilt defend, indemnif'y �d hold City ha,nnless against any � a11 ciaims or allegazions asserted by third Paz�ties a$ainst City arising out of Contractor's aileged.fa�7cue �fo- corapIy with the above referenced Policy concerning age �s�na#ion ia the Y...lG....ance. of this Contract. . . I7. ` Ia accordancc with the provisions of the Americans with Disabilities Act of 199ti ADA. . Cornrac�or i°` ��) wazran � ts that it: w�I not uniawfuIIy dis� on the basis of �i�ty ia the provision of services to the erai { public, nor ia the ava�ab� � tY, �s �lor conditions af"employment for apP�icants for employment with, or ��oy� af'Carmactor. Coatractor �a�raats it w�I fully ;� compiy witii ADA�s P�visions aad aay� other applicable federai, state aa� locai Iaws wncerning d�sabii:ty a� y� � m� and hoid. C'ity harmless a,g�ai� �, ciaims ar allegations asserted by t� pames agaiast C',sty arising out ofContracto�'s aIle� ` �ed faiIure to � comply with the abov�refer�nc.ed ]aws concerning; disabt'�ty dis r„ performance of this Contract, . �uiation in the Revised March 15, I996 0 .. � ...�.�.. � � � f� � � s�I-a� � � U � D � Q 0 � a a � � � � D 0 0 � P�ART C PROPOSAL uNi-rsi &ii (G&A # 199026FW01 FW) � LJ , �� , PART D � (G&A # 199026FW01 FW) � MBE/WBE �ID SPECIFICATIONS � � � � �, L� �, � � ` � ,� � � � .' ' ' ' . . �� u L�l . p�� ATTACHMEr ��rr��r��ic�� Page# . ci ot Fort wortn .. Minorifiy ancI Women �usiness Enterpris� ' icafions �d� . �.� . � � � �� zo MBEIWBE UT(LiZ4T10N 1� . . � ,�.��cc�c�zaM Cc�z: �.�c�. I ��c . ,��-r al , 1 q��i . �ME CO PANY NAME ID OAiE � v�Nc��u��c��M _.�'t-��`r-F��v,CL7 �E NA.�St?sg �i�I� I�--tdnc`L PROJECT NAME PRO.IECT t�lUMBER . . , � crrrs rv�vs� rRo.�cr co�.: � ---�._.__ --- - � � L"�J � 1�1 �,I 0 � C � �t !� �7o M �X�� v �� S� . 5 i�t�- O � �E.►x�.x � _ , �331��rc�1�.1�1� b-z:V`b��. �' , �',avi c=.ic,tz�a.S+c��.K 4A-- (�,Cl'� � ��'f�,v��'l.b�.l� �:�X11 ��v �c�� _\►•tec�-t�1. t �! . AN.�a,Y �A� _ �d.-a,05� � 5 c-T� l) cr"Tti.�i�Z�1: -J ; ; S�,a� ��c., ; � , ! �'R�ckE�� 6tz �� " ! ; • Mrw6Ea riia.t3�a'.located�- -- � � , . �jthe 9;{ninej�a '.ur�y.markefpfacero,rcurretiftydoipg3rusiness,Jcs�th : � ��,� �•� ��- e. .. _ ., �farke:tplace�t;#ha time; �of bl �- 1/+1r.�.c�•�t-m. _.E;�_ ��.-:sr�.e'.....-r =_ -�rr�:. �-. . .. . . : . . _ i _. . _ . . _. � � a � j'iiierittfjl�eai . .r. �. , ` �.k:�- � M/WBE PERCFXPAGE ACHIEEVFD: � C�QIO 0��8[ �'�� --- +,n--'.,%is j ��,�,�'f� �s°� �.'L2., ID. ?�_, '�,��. -'�� s ,',��3 � � �. , :__ �.-. ;r�•��"+- �iv� �}-� -��_. > .::sr-_�:�:w_ : '. ° i ri�'=:�:�r?�,} araj.`r.:+,•.�''z7t:,_' `: -r��,", F.tr��';��-.�'',-,��-�x..-'"�"°`-dry - ;. _ � " _ . e�Fi, ' . l 1 . � .. . ~ 4 . � b74a `��. •� � �: 76 TH1S FORM �$I BE RECEtYED BY 7HE MANAGING DEPARTMENT BY 5:00 p.tti.� F1VE (5) CtTy gUSlNESS DAYS AF7ER Bi OPENING� EXCLUSNE OFTHE BID OPENING DATE Rev. i � Pages 1 and 2 of Attachment 1A must be recetved by the Managing Department . i ' __ ' _= • �_`-' ' �� •S� ��Zi9F��'� ! �� .�'-'s��e�i'! � yC- . . .y �- � �l7L • ti `�,t�� - • 1 r,kl �� y . �� • . • i • ��,� • � p� �j � � � �'-' ' .: i j � cj��f � � {� r�� `r �� _�� A� , � � � � �,� ��1 ��,��,�,��,�� e�� t��;t ;� • � _ . l ' � � ,� �;i - ~ � �� e� �. • �- «. � -�-'. r. � . � • � � s �_! ' �� ' � �3�T,-��'�- �y� � ��1' ,,.. �l _�v � �� :,w� 1 � ��(/ �� y�(t�,�,�+• • - � • - • -, - . • -c , _ ,`� . _ _ �y , _ - � _ -� � -. _ ,� - v---- �,� TT � � -z_..,.—�- -.-``r �, ��'-.l��i `ibd ` .f-,..-�'`'`.R...��- _. �_'_-_iri��..� -�=i�� - _. _ _ -�E._ — -z� ��-� �,.'_ .=.-�i�.-�: � �J � �!I � �J cit�► af Fort.wortt, Minority arid Women usiness Enterprise Specifccafions . � MBE/WBE UTtLI _ TION . ,�L, �S�Ttzv4k ��cc, � i�� -�q-�C� �.3 � � �!J i� � ALL MB� and WBEs MUST BE CERTI�fED BY THE CITY BEFORE CONTRACT AWARD � � �' � , �. ��. fJ�(?� 11�,�� A t rized Sigrtature Prfnted SIgnature . � � � � l n Cls-�C . '�. ATTACHMEN' Page e aThe bIdder furthe� agrees to provide, directly fo the Ciiy upon request, corriptete and accurate iniorinaiion regar� actual work performed by aIl subcontractors, including MBE(s) and/or WBE(s) arrangemenis submitted with this me bidder also.agrees to aiIow an.audFf ac�cflor examination of any books, recotds and files hetd by thejr company wili substaniiate the actual work performed by the MBE{s) andlor WBE(s) on this contract, b}c an authorized office �employee of the Cify. Any intentional andlor knowing misrepresentation of facts wtll be grounds for terminaiing coRtract or debarment from Cfty work for a period of noi less than ihree (3) years and for initiating action under Fedi State or Locat laws conceming false statements. Any iailure io comply with this ordinance-.and creates a mati �breacti of contract may result in a c#eterminaiion oi an irresponsible offeror and.barred from participaiing in City v+ for a period of �ime not less than one (1� year. . � � i� � � I�I Title ` � • ) . �- �CC�fI"r� �►�E1, �.d��fi. �� _ ��l G Company Name � �>� �l�(�,13'�! �VC� . Add�ess • ��..c.,�-cW � I'�c- �� 1 ] C1ty/State2ip Code , � Contact Name and Titie (if different) �3��7 � `�c�� — 'rlg,ct i Telepfione Number (s) �t t� -`�,1-��4� Fax Number .��C-r- a 5 , I.g�.q � . Date THIS FORM �S,L$S BE RECEiYED BY THE MANAGING OEPARTMFNT SY 5:00 p.m., FNE (� Cny gUSIKESS DAYS AF'TER ��C OPENIAIG, EXCLUSIVE OF THE SJD OPENING DATE . Rev. 6 Pages 1 and 2 of Attachment 1A must be ceceived by the Mahagfng Department ?�x�—'i'-�zw �-c�t�w� � Ttzv �c �K � . �-�VJa c�,��t-�:Tu .�7�e,�l.g v � � Q�4 ��C�+ar�.r- . � 5Co5�J ,3g ? ��.t� - . � ? t � � � � a� � I 1 � � � � � � � a � � a� a 0 . city ot Fort worth . Minoriiy and Women Business Enterprise GOOD FAiTH EFFOR� J.'1..:�-��,�.�,<►��.�: ��. ��e�, Prime Company Name • " �iV l /�C� � N�PRC��i�l��.�rt �V C� �,�� Pro}ect Name �� Ef the bidder's �rriethod of comptiance with ihe MlWBE goal is based upon demonsiraiton of "good faith effort", tfte bldder wilt E�ave ihe burden of correctfy and accuraiely� preparing as submitting ihe doccsmeniation requIred by ihe Ciiy. Comp[iance with each item, 1 thru 6 beio� shalt saiisfjr ihe Good Fatth Effort requireriment absent� proof. .of fcaud, intentionai .and/ knowing mis�epreserrtatiori the facts or interrttonai discriminaiIon by the bicfder: • i 1.) i�lease (ist each and every subcontraciing and/or supplier oppaCtunity jD� NOT LIST NAMES OF RMS which wiil be used in the comptetion of this project, regardless of whetYeer it is to be providei by a MNVBE or non� M/WBE. � • (Use additfonal sheets, if necessary� Ust of: Subcontracting O000rt�nities Ust of: �� Sunntier Ofltiortuniiies '��v.,c��.�( . � �vc� , � � ��.�t�� c��--�_a�. ��g� Bid Date �n� ta.o_a�� Project Number . ._„ . ��--�cEtr � . L��1��`�- ATTACHMENT� Page 1 01 . _� :u 0 ..__. cn � � � C�� I! L � L C � C 0 L�J l�� ■I J '�J I'� . , . Z.) Did you obtaiR a current IIst of MMBE firms from the Cit3r's M/WBE�Office? compliance, if it ls not mvre than 3 months old from the date of bfd opening � Yes No . •� � ATTACHMENT Page 2.i The fist is consicfered ii ' ., � Date of Listing �1 ! 1 S /�ci+ 3.) Did you soltcit blds from NUWBE firms, witi�in the subcontracting andlor supptier areas previousiy lIsted, at least ten calendar. days prior to bId opening by rna1l, exctusive of the day the bids are . opened? , � Yes '� � lf yes, attach M/WBE matl tisiing to inctude name of firm and address and a datei No copy of let�er mailed. 4.) Did you sollcit btds from MIMIBE firms, within the subcantraciing a�dlor supptier areas previousty � Iisted, at least ten �calendar days prior io b[d opening by teiepi�one, exciusive of the day the bids arE opened? ��.. • ' V Yes If yes, attach (ist to inci�de rtame of MIWBE frm� person contacted, � No , ohone numbpr and � and �g of contact � ' 5.j Did you provide qlans and speclficatlons to patentiai M/WBEs or information regarding ihe tocation ptans and specifications in order to a�sist the M1WBEs? �Yes No 6.) If MlWBE bids were received and rejected, you mus� � � �(1) Ust the M/WBE fircns and the reason(s) for rejection (I.e., quotation not commercialty reasonabl qualificaiions, etc.) and � (2) Attach afflctavit and/or documentation to support the reason(s) listed below (I.e.. lettess, memos bids, tetepE�one catis� meetings; etc.) � lP/e�se use sddltlonal sheets, lf necessary, and attach.) Company Name Teiephone � Conta�ct Person Scope of Work . Reason for ' Reject3on '�T'�,Ry lE,<to�x,nn��l -�-t 1� �i? �,_�,("�.rt-�►'FF C�c.� g� tb �3. � 1*�6-r�� uu��c.w�4,r►c a?7 _S4o� "La�u'l' V��..Lisrr...� �,�v�r�o�►�! I�.�,�c- La�_______ �E P�'cl�t; 4'1�-i��$ �udU1.E5 t�1.u'iZ ��rt��>c..'Tu�cS �� i.,�6w �C��owN�R��c ��-a7a.5 -ur-_� ��a �� y`�,�,� . �� T7C �KVL�p�►M� g� 64�t-� Vst ��o�fxc� �.�OT LaW � Lrak��cue�oser-1 5a5-�'1�:a L�.K�C��c�►�ao�c,� �,�c�.��-+c� �.t�=r��►-� . Rev. � � � ' � ' . , . . � � • - I� s■�n•.• . �:��_�•. ATTACHME . Pa.ge Please pravide additional iniormation y�ou feel witf further explain your good and honest efforts to ol QMIWBE particEpatIoa on this projecti \►.5,,��.L��CT" V�\Ti�\�c�,��L �O�t�AQ.��6►s�"rz�'�i2S buc�'i�.� w . . � I� �fl I■I l!I '� L�1 i� LJ'I� � '�J � 1 I�I � �� fii L.�-r�-t=�z5 , �c--cn�v.�D �s � � The bidder further agrees to provide, d�recity to the Cify upor� �request, complei accurate informaiion regarding acival work pecformed on this contract, the pa; ihereof and any proposed cfianges to the original arrangements submitted wifh ih' Tfie bidder atso agrees io allow an audit and/or examinai�on of any books, record files held by iheir company ihat � will �substaniiaie the actual work performed o contract, by an auihonzed officer or empioyee of the Cify. , : Any ini�eniional and/or knowing misrepresenia�ion of" facis wilt be grounc tenninaiing the con�ract or debarment�from Ciiy work for a period of not [ess thar (3) years and for iniiiaiing ac�ion u�nder Federal, Siate or Lvcai taws conceminc siatements. Any faiiure io compiy with ihis�ordinance and creates a material bre contract may� result ,in a determination of an irresponsible offeror and �barrec parEicipaiing in City work for a periqd of iime not iess than one (1) year. • The undersigned ceriifes that itie informaiion provided and the MlWBE(s) was/were contacied in good faiih. It is undersiood ihat any M1WBE(s) iis Attachment 1C will be coRtacted and the reasons•for not using ihem will be veri� the Cify's M1WBE �ifice. � . �� ,r.,�✓ � �--1 ` � �. �~ � ��,�C? N.QE�.i---- t rized Signature Printed Signature . �„C�i��+v..T � Title Coataat Name and Titie {if dlfferent) ,� • l. , �cc�-t�A�.i. �sz : k�'..wc �. �uc, fi� t�7 �- `a►,!� 1,�- `� �g. t Company Name , Tele{�hor�e Number(s) C� -1-F�CZ'c�.l5�r�) . Address. ,----., �'RI-.� 1�.`COI�I . �'X. �� 1 � CitylStatelZlp �L�-'a.lb1-,�n� Fax Number � C_,�,.►—. � 5. 1 �„ `�� Date • � u � � , � •. • r � . . 0 I�l � I■I C C'� I■ � � � I�I L� � � lJ u CI �PECiAL iNSTRUCTtONS FQR BtDDE�S. APPLtCAT10N C?F PnLiCY �QLICY STATEMENT . It is the po(icy of tf�e City of Fort Worth to ensure tt�e fuU and equitable participation by Mina�i�}r/Wornen Susiness Enterprises (MlWBE� in the procurement of aU goods and services to the CIty on a contractual basis. The objec�tive - of the Policy is to incxease the use of M/WBE ficros to a leve! comparable to the avaiiabitity of M/WBEs that provide goads and services drectly or indirectly to the City. ' . � � . �![/WBE PRQJECT GO I�..� .+� - � �,►"'� � The City's MBElWBE goai on this project is 2 7 % af the base bid vatue of the contracL �o • �''��'COMPLIANCE TO BiD SP�CtFiCAT10� / � � On City contracts af $25,000 or more, bidders are required to compty with the intent of the City's M/WBE Ordinance by either of the fo!lowing: � � 'i. Meet or exceed the above stated M/WBE goal, or, 2. Good Faith Effort documentation, or, • 3. Waiver documentatlon. . SUBMiTTAI.OF REQU(RED DOCUMENTAT101� • � The applicable documents must be received by the Managing Department; within the following times ailocated, in order for the entire bid to be considered responsive to�the specifications. : 1. M/WBE Utit'�zation Form: 2. Prime Contractor Waiver FoRn: 3. Good Faith Effoct Form: FAILURETO�:COM ci� of Fori wortn Minoriiy and Women usiness Entecpr�se Specifica#ions received by 5:00 p.m., frve (5) City business days after the bid opentng date, exctusive of the bid opening date. received by 5:00 p.tn., five (5} City business days after the 'bId opening ciate, exctusfve of the bid-opening date. received by 5:00 p.m., ffve (5) C1ty business days after the bid open[ng date, exctusive of the bid opening date. iE BiD BEfNG '' L � -�'� 5 �+ � � �,- ��•:l.� �yt �'-u.J� :•.F�S�..-.'4 .. I��i'�': _,.__iJ'i��n�_ _ . ...�. Any questtons, ptease contact the MNYBE Office at (81� 871-G104. Rev. 6/2/98 � �. � � � � a a D � a a 0 D 0 a a 0 a (G&A # 199026FW01 FW) PROPOSAL �O: Robert Terrell � City Manager Fort Worth, Texas ' � FOR: PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER , AVENUE TO NASHVILLE AVENUE D.O.E. N0.2589 � FILE NO. K-1601 Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the plans, specifications, and the site of the project, understanding the amount of work to be done, and hereby proposes to do all the work, furnish all labor, equipment and material necessary to fully complete the work as provided in the Plans and Specifications, and subject to the inspection of the Department of Engineering of the City of Fort Worth, Texas. . Upon acceptance of this Proposal by the City of Council, the bidder is bound to execute a contract and furnish Performance and Payment 8ond approved by the City of Fort Worth for performing and completing the said work within the time stated for the following sums to wit: � Page 1 of 11 1 1 � � � � � ' � � � � � � � � � � i (G&A # 99026FW01 FW) PROPOSAL — UNI'i 1— PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT NO. AND UNIT . PART A. BASE PAVING IMPROVEMEN7S FOR AVENUE B 1 Utility Adjustment; Per Lump Sum: 1 LS Ten Thousand and No Dollars $10,000 $10,000 Cents� , Project Designation Sign; Per ach: /� 2. 1 EA p►•►.Q, �,w,,� -p,�r�lA,(.�1 � N-c. ir� Dol lars $�_"ro $ � 5"—o and Nn Cents Demolition of Concrete Features; Per S uare.Yard: 3,p 3. 875 SY �i Dollars $ � " $ 5`j ) � , , �' and �,{-c,, Cents 1 6" Reinforced Concrete Driveway; � Per are Foot: o0 4. 1617 SF � c�rt, Dollars $�." and l�;9„ � Cents 4" Reinforced Concrete for Sidewalks, Leadwalks, and Wheelchair Ramps; 5. 3300 SF Per uare Foot: $ z� l taln Dollars . and �� 1/t� Cents Concrete Steps; Per Square Foot: 6. 51 SF ��C, k�2�,a , Dollars $�� and !�o Cents $�� o0 � R Z4 D , d° $q��oa Retaining Wall with Sidewalk; Cu ic Yard: 7. 10 CY .u�P,�-c,,=�� Dollars $��S °� $ L�%� Q. o0 � and i—�� Cents � Page 2 of 11 D � a � � a � � � a a � D a � � � a 0 (G&A # 99026FWQ1 FW) PROPOSAL - UNIT 1- PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE , ITEM QUANTITY DESCRIPT{ON UNIT PRICE AMOUNT NO. AND UNIT 7" Concrete Ctirb and Gutter; � Per Linear Foot: 8. 833 LF D� �,�s�. Dollars $�� $� � 63 �-� and � �.c� h � Cents Replace 7" Concrete Valley Gutter; Per S uare Foot: ZS "1 � 9. 431 SF �,�rr , Doli,ars $ � — $ � �3 �• ' . and w-f�nd,..�- -�► v-e, Cents 7" H.M.A.C. Transition Pavement; Per To � %` 10. 10 TN �� •"TmuIL Dollars $ s4. °O $ j4, 0 6 O and n�o Cents 11 12. 13 Adjust Water Valve Box to New Pavement Grade; 4 EA Per Ea h: � $�p °� $ 1000 �i0 �iuo � ao� �� Dollars and N,o Cents Adjust Water Meter Box to New Parkway � Grade; . 3j ;," � 3S0 00 10 EA Fer Each: / �Q,-r,�_�►V� $�-.19 $��» Dollars and -Ple-� Cents 6" Topsoil; Per Cubic Yard: E�.��"'e,�l 111 CY �rt�-F'tve and No . � , l o0 Dollars � Cents Sodding; Per S uare Yard: 7�- 14. 662 SY 1' � Dollars $�� and Cents Ceramic Tife Street Markers: 15 4 EA �r Ea h: �, ��S o0 � � 1ZZ�, o0 � � Z47S. g� $ lG �0. °'° ' _��,y�nry�l�na.c� Y1�IrtP.�, wG Doliars and �ho Cents , PART A. BASE PAVING {MPROVEMENTS FOR AVENUE B SUBTOTAL $�.��5, 53 Page 3 of i l � � � � D � � � � 0 O a a � � D 0 0 D (G&A # 199026FW01 FW) PROPOSAL - UNIT !- PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT NO. AND UNIT PART B. AL7ERNATIVE I PAVING IMPROVEMENTS FOR AVENUE B 8" Pavement Pulverization; • Per Square Yard: po 1. 1657 SY ��,�1i . Dollars $ �- and 1•l�o Cents � Unciassified Street Excavation; Per Cubic Yard: 2. 217 CY �o un.-i-� P�,, Dollars $ � q- �� and 1.7r, Cents � C� � Z g. �m $ 303�, o0 Cement for Roadway Stabilization; Per Ton't• 3. 24 TN �ur 4��m�d �i v�¢� Dollars $ 05 "� $ ZSZO •°� � and Cents 8" Cement Stabilized Roadway Base; Per Square Yard: � o0 ,t oa 4. 1657 SY �A, Dollars $ 3 $`-�'C►% i. . and No Cents ' 3" H.M.A.C. Surface Course (Type "D" Mix); Per Ton: � 5. 230 TN ��c� h�) Dollars $�C� °'' ��_pp, o0 and No Cents PART B. ALTERNATIVE 1 PAVING IMPROVEMENTS FOR AVE. B SUBTOTAL $ 35�7. �� SUBT07AL UN17 I BID (PART A AND PART B) Page 4 of 11 $ ��CtZ. � 1 I � 1 � � 1 � � � � I � � I I � � � (G&A # 199026F1N01 FW) PROPOSAL - UNIT i- PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT NO. AND UNIT PART C. ALTERNATIVE 11 PAVING IMPROVEMENTS FOR AVENUE B Unclassified Street Excavation; • Per Cubic Yard: 1. 270 CY �� , Dollars $�� a� $ z700. o0 and �o Cents � Lime for Roadway Stabilization; . Per Ton: . oo Do 2. 24 TN 1�) ►�JQ,{..t� - P,�G� �%' Dol lars $�� r $ z� z. ' and �n , Cents 6" Lime Stabilized Roadway Base; Per Square Yard: � 3. 1657 SY �(,�to Dollars $ z 4 � and -E-i9�i d..�,1 -r9n,� Cents $��3 3� 2" H.M.A.C. Surface Course (Type "D" Mix); Pe Ton: � �? /I 4. 153 TN �i�,� -��vp Dollars $ �o � •�3 $ `1�i'�`f' b� and S� v-�d-� - "T�vtz.� , Cents � 3" H.M.A.C. Base Course (Type "B" Mix); Per on: � �� 5. 230 TN �itico�.�.� -q,hP _ Dollars $ � l • $ ��7. �� and ��-t,,,1�-c.� - I ha �. Cents PAR7 C. ALTERNATIVE II PAVING IMPROVEMENTS FOR AVE. B SUBT07AL $ 3Z�o�7.R b SUBTOTAL UNIT I BID (PART A AND PART C) Page 5 of 11 $873z3,�`r � a � � D a � � � O a 0 a � � � D � � (G&A # 199026FW01 FW) PROPOSAL - UNIT II - PAVING IMPROVEMENTS FOR AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE ITEM QUANTITY DESCRIPTION NO. AND UNIT PART A. BASE PAVING IMPROVEMENTS FOR AVENUE D Utility Adjustment; � Per Lump Sum: . 1. 1 LS Ten Thousand - Doliars $10,000 and No Cents � $10,000 Project Designation Sign; Per ach: 2. 1 EA !� r�-�v,e.� Dollars $��5 � $ ��J'� and u o � Cents Demolition of Concrete Features; ( �f�r S uare Yard: 3. 1409 SY `�� - S� � an � , � �I,,, 1 6" Reinforced Concrete Driveway; Per Sg�are Foot: � 4. 3527 SF � , . and !�o . M (� 3A `�,' '� Dollars $�- Cents Dollars $ 4 °o Cents � UNIT PRICE AMOUNT 4" Reinforced Concrete for Sidewalks, Leadwalks and Wheelchair Ramps; � . 5. 6193 SF Pe Square Foot: � Z� 1 c,�� Dollars and I�.� Cents Retaining Wall with Sidewalk; r C bic Yard: 6. 10 CY ��,,,�,�,, . �u�c, Dollars $ �75 � and o Cents 7 � 7" Concrete Curb and Gutter; Per Linear Foot: 1807 LF �� and t3 '►.c� h i-c� Replace 7" Concrete Valley Gutter; Per S�c .are Foot: 431 SF i-4 and -�u.t,v��. -�iv-c, Dollars $ � � Cents Dollars $ � ?S Cents Page 6 of il � �'-%�o , � o $ �-�-� � $ I�10� vo $ 1734Q, ¢o $ 4750 °� - $ l??O�. �o $ «'f3 �• 7S i� � 1 � � � � � � � � I � � � � � � � PROPOSAL — UNIT II — PAVINC IMPROVEMENTS FOR AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE ITEM QUANTITY DESCRIPTION NO. AND UNIT 7" H.M.A.C. Transition Pavement; Per To • (G&A # 199026FW01 FW) UNIT PRICE AMOUNT 9. 9 TN k--�-�� .��,,�, Dollars $�- o� and �1�, Cents Adjust Water Vaive Box to New Pavement G rade; � 10. 8 EA P�Eac : � Z�� e�o ' �F i V Dollars and �[�, ' Cents Adjust Water Meter Box to New Parkway Grade; aa 11. 17 EA Per Each: j�{ ��T .�,� �� ' 2�we-Ht�nt1��J-�'(lv� Dollars �'� and No Cents , 6" Topsoil; Per Cubic Yard: c,t..EVrc� 12. 215 CY ; I��l�-f �� and No Standard 10' Curb Inlet; � ��h: � h�,�,��, 13. 1 EA �vl and I`io $ �� o0 Dollars $9F's Cents $ ��6•°° $ 2p00, o0 � �j.00 $�0 4 Z36�.°" � Dollars $��0 °O $ �-�00. �o Cents Sodding; Per quare Yard: �� 3b 14. 1292 SY Dollars $ 3 $ 4(o ZS . and �[;c,, - ,o Ac I.�lr- Cents . , Ceramic Tile Street Markers; 15. 4 EA Eac� A r �� °`� � l C� �i� � � IU�nn�c� i�� d�t�rc�Dollars and f.1� ' � Cents Speed Hump Installation Along Ave D; 16. 1 EA P r Ea h: �� $��j ?� $�G� o0 f � �Q I'\.(an.� Dollars I and N o Cents PART A. BASE PAVING iMPROVEMENTS FOR AVENUE D SUBTOTAL $ . �� 1 � t34�O �� Page 7 of 11 i� � � � � � � � � � 1 � � � � � � � � (G&A # 199026FW01 FW) PROPOSAL — UNIT 11— PAViNG IMPROVEMENTS FOR AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT NO. AND UNIT � PART B. ALTERNATIVE I PAVING IMPROVEMENTS FOR AVENUE D 1 2 8" Pavement Pulverization; • Per Square Yard: �a 3536 SY �w� „ Dollars $�� $ ��Z�' . �� and ,rGv�,� ---E tiv-c, Cents Unclassified Street Excavation; Per Cubic Yard: � 434 CY ,�Q�1,�,c,� -�o Dollars $ zZ. oo $��, 00 and �Jo ' Cents Cement for Roadway Stabilization; Per T n: I� 3. 50 TN ed� 't�.t�. Dollars $ (� . �d $ `j`� 00. �O � and NQ Cents 8" Cement Stabilize Roadway Base; P�e .Squar Yard: � �j po 4. 3536 SY Dollars $ z— $�z �. . and e. ' ;re Cents 3" H.M.A.C. Surface Course (Type "D" Mix); Per Ton: • 5. 497 TN _�i�Ld.�.� • ��„-t. Dollars. $ �5 �� $�Z�pS , Otl and fJ� Cents PART B. ALTERNATIVE I PAVING IMPROVEMENTS FOR AVE. D SUBTOTAL $�%6O �. �� SUBTOTAL UNIT II B1D (PART A AND PART B) � Page 8 of 11 $ ��x r4�, �� i � � � i l I I I I (G&A # 199026FW01 F1N) PROPOSAL - UNIT il - PAVIIVG IMPROVEMENTS FOR AVENUE D FROM CONNER AVENUE TO NASHViLLE AVENUE ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT NO. AND UNIT . PART C. ALTERNATIVE II PAVING IMPROVEMENTS FOR AVENUE D Unclassified Street Excavation; � 1. 547 CY P��ubic,Yard:_�� .� Dollars $ L� �� $�j'�('y;�p, oi � and � � . � .� a_T_ _. 1�Io Cents . Lime for Roadway Stabilization; er Ton: ,�I � � 2. 50 TN �,� ,��.�.►�te __`� `�lG,l��'Dollars $ �� $ � �100 °� an 1 Cents � 6" Lime Stabilized Roadway Base; Per Square Yard: � 3. 3536 SY 01'�� Dollars $� 6 b $'`�J�3�. �� and c �Ld..,�. �E-e v-2 Cents 2" H.M.A.C. Surface Course (Type "D" Mix); P� T n: /� G 4. 331 TN �- `-�...y� Dollars $ s�' 47 $�� Z!. S� and -�-�i-L�iM,�. .$e v-c�vc. Cents ' 3" H.M.A.C. Base Course (Type "B" Mix); P�er o /� � �y 5. 497 TN i-� `t�vc�2 Dollars $�� $ Z74 7 �. �v and �o-� - �f. a-4,�,c , Cents � �.� , 1p t .;� os . s,6 PART C. ALTERNATIVE II PAVING IMPROVEMENTS FOR AVE. D SUBTOTAL $� `•��_� :�� `� c,� �5Z' � SUBTOTAL UNIT II BID (PART A AND PART C) ��$_="��;.= '=: ��.,- ,� � Page 9 of i l � a a D Q � � O Q 0 � a 0 � 0 0 � 0 D D (G&A # 199026FWOi FW) PROPOSAL - UNIT I- PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE UNIT II - PAVING IMPROVEMENTS FOR AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE BASE UNIT I+ ALTERNATIVE 1 UNIT 1 $ �OI�Zt. �� t' BASE UNIT II + ALTERNATIVE I UNIT II TOTAL ALTERNATIVE ! BASE UNIT t+ ALTERNATIVE II UNIT I BASE UNIT II + AL'�ERNATIVE !I UNIT II TOTAL ALTERNATIVE il � ls� t47. �� $�� 340,3� � �� :��•. � � �D ,� € .�;, 1�Z., G�SG. 37 � � `�" �'a � � q�3 $ - . � ---,.; z�yg�� y. � � Page 10 of li , y.,,�� .�. , � � J J 'J � � '� � u �I �� LJ �� I L!�' C'' I�.� C' (G&A # 199026FW01FW) PROPOSAL- UNIT I- PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASVILLE AVENUE AND UNI7 II- PAVING 1MPROVEMENTS FOR AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE This contract is issued by an organization for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. � Taxes. All equipment and materials not consumed by or incorporated into the project construction are subject to State sales taxed under House Bill 11, enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections,l3-A-29), prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within 130 Calendar Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner, and to pay not less than the "prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract. The attached deposit check in the sum of Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, ,as liquidated damages for delay and additional work.caused thereby. I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 2 (Initials) Addendum No. 3 (Initials) Addendum No. 4 (Initialsj Respectively submitted, J. �. ��R�'R��i �ONST��JC7'!�� & �N��i(t��, B�C. By: !� �� _ _ � - Address: 10(�i F��' F3RB�0� A�/�. ARLi�RGTON, T�XAS 7601 � Telephone:��/ �) Z��' �'�/ � Page 11 of 11 �J L; � L!i � Li' LJ � � � � � � � � � � � (G&A-# 199026FW01 FW) PA►RT� E SPECIAL PROVISIONS T/PW PROJECTS � PREVAILlNG WAGE: RATES � � L�J � I�1 � � (G&A # 199026FW01 FW) SPECIALPROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVI4LE AVENUE CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECiAL PROVfStONS FOR: PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE FILE NO. K-1601 DOE NO. 2589 D ,. � � 2. � 0 0 � � L�1 � � LAl � SCOPE OF WORK: This project includes the construction of paving improvements along Avenue B from Conner Avenue to Nashville Avenue and along Avenue D from Conner Avenue to Nashville Avenue. The improvements include HMAC pavement on stabilized subgrade, 7" curb and gutter, a curb iniet, sidewalks, retaining wall with �sidewalk, and other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfaciorily complete the work. AWARD OF CONTRACT: Award, if made, will be made to the lowest responsive bidder for the project. A. Contract Duration: The Contractor agrees to complete the Contract within the allotted number of calendar days. !f the Contractor fails �to complete the work within the number of calendar days specified, liquidated damages shall be charged �s outlined in Part I, Item 8, Paragraph 8.6 of the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, Texas. ; The total number of calendar days shall be as follows: 130 Calendar Days B, All utilities and right-of-way easements are expected to be clear on this project within sixty (60) days of advertisement of this project. The wark order for subject project will not be issusd until all utilities and right-of-way easements are clear. The Contractor shall not hold the City of Fort Worth responsible for delay in work order of this Contract. 3. PRECONSTRUCTION CONFERENCE: After the contract has been awarded the General Contractor and representatives of all the sub- contractors shall attend a Pre-Construction Conference. This meeting will include the review of the Contractor's proposed construction methods and schedules in accordance with Item 8.2 of the General Provisions. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. �articular attention should be given to methods of providing ingress and � egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these detaiis during the preparation of the Proposal and a(I unusual conditions which may give rise to later contingencies should be brought to the attention of the City prior to the submission of the proposal. SP-1 LJ I� � �� I_■J LiJ � �� '!1 (C&A # 199026FWOy FW) SPECIAL PROVISIONS - PAVING IMPROVEMEN7S FOR AVENUE B.FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE 5. ABANDONMENT: The City reserves the right to abandon, without ob4igation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. 6. SPECIFICATIONS: . This contract and project are governed by the twr� follpwing published specifications, except as modified by these Special Provisions: � STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION-CITY OF FORT WORTH STANDARD SPECIFiCATIONS FOR PU81.iC 1lVORK$ CONSTRUCTION-NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd FIooR, Municipaf Bui(ding, Fort Worth, Texas 76102. The specifications applicable to each pay item ar� indicated in the call-out for the pay item by the designer. If not shown, then applicable published specification in either of these documents may be followed at the discretion of the Contractor rather than Division 1 of the North Central Texas document. Addendums 1,2 and 3 to the City of Fort Worth Sfandard Specifications for Street and Storm Drain �� Construction, Transportation and Public Works Department shal! apply to this project. � 7. B!D AND CONTRACT DOCUMENTS: . � Bidders shall not separate, detach, or �remove a�y portion, segment, or sheet from the contract documents at �any time. Failure to bid or fully exe�ute contract without retaining contract documents D intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Directo� of the Department of Engineering. LiJ � � l�J L'!J � 'J � 8. DEFECTIVE WORKMANSHIP: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one (1) yeac from date of final acceptance of this project by the City Counci( of the City of Fort Worth, and witt be Eequired to replace at his expense any part or all of the project which becomes defective due to these causes. 9. CONSTRUCTION STAKING: � Construction stakes for line and grade will be p�ovided by the City as outlined on P-17, Standard Specifications for Construction, City of Fort Wor�h. 10. TRAFFIC CONTROL: . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the N1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being section Nos. 27, 29, 30 and �1. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign that has been erected by the City. If it is deterrnFned that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the SP-2 � � � !iJ LJ permanent sign. If the temporary sign is not installed correctly or if it does not ►Yieet the required specifications, the permanent sign shall be left in place until ihe temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. Q The contractor shall prepare a traffic control plan for handling traffic during the different phases of construction. The Contractor shall coordinate with and get the approval of the City of Fort Worth Traffic Operations Division of the traffic control plan before installation of temporary construction traffic controf devices and change to traffic flow througti the project site. The cost for installation and a maintenance of temporary traffic control devices during construction shall be considered incidental to other bid items. 7here shall be no special payment for traffic control. � 11. UTILITY AND RIGHT-OF-WAY EASEMENTS: All utilities and right-of-way easements are expected to 6e clear on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities and right-of-way easements are clear. I� � ' �'J LJ LRJ `� L�!7 L�J � L1 I� (G&A # 199026FW01 FW) SPECIAL PROVIStONS - PAVING IMPROVEMENTS FOR AVENU� B FROM CONNER AVENUE TO NASNVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE 12. LIQUIDATED DAMAGES: The Contractor agrees to complete the Contract within the allotted number of calendar days. If the Contractor fai(s to complete the work within the number of calendar days specified, liquidated . damages shall be charged, as outline in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Con truction of the City of Fort Worth, Texas. 13. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when � direct and unavoidable extra cost to the Contractor, is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. W hen such extra compensation is claimed, a written statement thereof shall be prese�ted by the Contractor to the Engineer and if by him found correct shail be approved and referred by him to the Council for final approval or � disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Councii; and no such extension of time shall release the Contractor or the surety on his performance bond irom a!I his obligations hereunder which shall remain in full force until the discharge of the contract. 14. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities that may be encountered. The Utility lines and conduits shown on the Plans are for information onty and are not guaranteed by the City to be accurate as to location and depth; they are shown on the Plans as the best information available from the owners of the utilities involved and from evidences found on the ground. INCREASE OR DECREAS� 1N QUANTiTIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is more than 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 725% of the quantity stated in the contract. SP-3 � i� � (G&A # 199026FW01 FW) SPECIAL PROVISIONS - PAVING IMPROV�MENTS FOR AVENUE�B�FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVtLLE AVENUE � W hen the quantity of the work to be done or materiais to be furnished under any �major pay item of the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised � consideration on the portion of work below 75% of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. L�J f� � � '� � � 16. � � C� A major pay item is defined as any individual bid iterrt included in the proposal that has a tatal cost equal to or greater than 5 percent of the original contract. � A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15% as described herein below, agreed upon in writing by the Contractor and Director of Transportation .and Public Works and approved by the City Council after said work is completed, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of alf workmen, forerreen, time keepers, mechanics and laborers; a(( materials, suppiies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, pubtic liability, Workers Compensation and all other insurance required by law or by ordinance. The Director of Transportation/Public Works will direct the form in which the accounts of actual field cost witl be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the.City. The 15%of the actual field cost to be paid to the Contractor shall cover and compensate him �for profit, overhead, general supervision and fietd office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. Upon request, the Contractor shall provide the Director of Transportation/Public Works access to all accounts, bills and vouchers relating thereto. DETOURS: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within �he project area. Barricades, warning and detour signs shal! conform to the Standard Specifications "Barriers and WarniRg and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1". 17. PARKWAY CONSTRUCTION: n During the construction of this project, it is required that all parkways be excavated and shaped at the j � same time the roadway is excavated. Excess excavation will be disposed of at locations approved u by the Engineer. �f � LJ 18. D(SPOSAL OF SPOIVF(LL.MATERIAL: Prior to the disposing of any spoiUfill material, the contractor shall advise the Director of Transportation and Public Works, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shalf not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). A►I disposai sites must be approved by the Administrator to ensure the filling is not occurring within a SP-4 L�1 �� L�J � �# (G&A # 799026FW01 FW) SPECIAL PROVISIONS - PAVING IMPROVEMEN7S FOR AVENUE B FROM GONNER AVENUE TO NASHVILLE AVENUE AND /�VENUE D FROM CONNER AVENUE TO NQSHVlLLE AVENU�' , fiood plain without a permit. A fiood plain permit can be issued upon approval of necessary engineering studies_ No fill permit is required if disposal sites are not in a flood plain. Approval of the contractor's disposai sites shall be evidenced by a letter signed by Administrator stating that the site is not in a known flaod plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shaii be at contractor's expense. In the event that the contractor disposes of spoil/fill material at a site without a fill permit ar a ietter from the administrator approving the disposal site, upon r�otification by the Director of Transportation and Public Works, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of.the Ciry and this section. 19. ZONING REQUIREMENTS: During the construction of this project, the Contractor shall comply with present zoning requirements of the Ciry of Fort Worth in the use of vacant property for storage purposes. 20. CLEARlNG AND GRUBBlNG: � All objectionable rnatter required to be removed within the right-of-way and not.particuEarly described under these specif'ccations shall be covered by Item No. 102, "Clearing and Grubbing" and shail be subsidiary to the other items of the contract. � '� � 21. CLEANUP FOR FFEJAL ACCEPTANCE: Final cleanup worf< shall be done for this project as soon as the paving and grading have been accomplished. No more than seven days shall elapse after completion of construci�on before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. The Contractor shall make final cleanup of all parts of the work before acceptance by the Owner or his representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and atlier construction materials and generally preparing the site or the work in an orderly manner of appearance. Final acceptance of the completed project work shall be g�en by the City of Fort Worth Department of Engineering. a 22. � �J C� L�J � L�J I� � (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning signs shall read as follows: "WARNIM1IG--UNLAWFUL TO OPERATE THIS EQUIPMENT W ITHlN SIX FEET OR H1GH VOLTAGE LWES." , , _ (2) (3} Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insufator iinks on the lift hood connections. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (T.U. Electric Service Co.) which will�erect temporary mechanical SP-5 PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 23. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction wilf begin and be completed, including sufficient time being allowed for cleanup. 24. SA�ETY RESTRECTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contracf: L�J � (G&A # 199026FW01FW) SPECIAL PROVISIONS - PAViNG IMPRUVEMENTS FOR AVENUE B FROM a. CONNER AVENUE TO NASHVlLLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE � barriers, de-energize the line, or raise or Iower the iine. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of aA such'caAs to TU Electric Service Company, and shaii record action taken in each case. � � I� � L�J L�1 '.�"J LJ � L■J L�J � (4) (5) (6) 25. WA7ER AND SANITARY SEWER WORK: Any contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre- qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications, which general specffications shall govern performance of all such work. 26. RIGHT TO AUDIT: . a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working to all necessary Contractor facilities and conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. � 27.. iJ � L�1 b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the su6contractor agrees that the City shall, until the expiration of three (3} years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to a!I appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. c) Contractor and subcontractor agree•to photocopy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of copies as follows: i. 50 copies and under - 10 cents per page. The Contractor is required to make arrangements• with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. . No,person shall work within six feet of a high vo(tage line without protection having been taken as o.utlined in Paragraph (3). !t shall be the responsibility of the Contractor to notify afl subcontractors of the requirements listed in paragraphs (1) through (5). ii. More than 50 copies - 85 cents for the first page pius fifteen cents for each page thereafter. SAMPLES AND QUALITY CONTROL TESTING: a) The Contractor shall furnish, at its own expense, certifications by a private {aboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items fo be SA-6 � � � (G&A # 199026FW01 FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONfVER AVENUE TO NASHVILLE AVENUE used in the project and wili bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine Q days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified cApy of the test results to the City. . �� , 'J � � !�J (c} Quality control testing of in-place material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications wiff be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shafl in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the Contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractar shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be inc(uded in the unit price for the item being tested. (e) � During the concrete pouring phase, the Contractor shall furnish beam boxes for concrete testing by the City. The Contractor shall deliver the boxed concrete beams to the City's materiais testing laboratory. The boxes will be returned to the Coritractor at the City's testing laboratory immediately after extraction of the concrete beams. (f} The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill materiai. � 28. TEST HOLES: D It shall be the responsibility of the bidder to make subsurface investigations as he deems necessary to determine the nature of material to be excavated. This item shall be considered as subsidiary to the other items of the contract. . i!1 � L•J � � LJ � I�I� 29. NOTICE TO PROCEED (WORK ORDERI: The notice to proceed on this project for the Aaving lmprovements will be issued soon after award of the contract. The contractor is reminded of the liquidated damages provisions of this contract for delays in completing this project in the specified 90 calendar days in the contract. 30. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, an does hereby indemnify, hold harmless and defend Owner and the Construction Manager, their officers, agents, servants and employees, from and against any and all claims or suits for properry damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said contractor does hereby covenant and agree to assuwn,e all liability and responsibility of Owner and the Construction Manager, . their afficers, agents, servants and employees for properry damage or loss, and/or personai injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner and Constructian Manager from and against any and all injuries, loss or damages to property of the Owner and Construction Manager during the performance of any SP-7 � � �� L�J L�J u � � LJ � (G&A # 199026FW01 FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE 8 FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licensees, or invitees of the Owner. In the event a written claim for damages against the Cc unsettled at the time all work on the project has been complE of Engineering, as evidenced by a final inspection, final � recommended by the Department of Engineering to.the Tran for a period ot thirty (30) days after the date of such finai submit written evidence satisfactory to the Department �f En and a release has been obtained from the cbaimant involve ictor or its subcontractors remains to the satisfaction of the Department nent to the Contractor shall not be tation and Public Works Department �ection, unless the Contractor shall �ering that the elaim has been settled Although the claim concerned remains unsettled at the ex�iration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final pa ent for work completed, such semi-finai payment to be in an amount equal to the tatal dollar amou t then due less the dollar value of any written claims pending against the Contractor arising out of he performance of such work, and such semi-final payment may then be recommended by the Department of Engineering. The Director of the Department of Enginee�ng shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months foliowing the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: a. The claim has been settled and a release has been obtained from the claimant involved, or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. � � If condition (1) above is met at any time within the six (6) months period, the Department of � Engineering shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six (6) month period, the Department of Engineering may � recommend that the final payment to the Contractor be made. At the expiration of the six month a period the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Department of Engineering. L1 I�� L1 � �!J The Department of Engineering may, if he deems it appropriate, refuse to accept bids on other Department of Engineering contract work from a Contractor against whom a claim for damages is outstanding as a resu(t of work performed under a City contract or under a developer-let contract for the City of Fort Worth street and/or storm drainage facilities. 31. CONSTRUCTION SCHEDULE AND COORDINATION OF WORK: It shall be the responsibility of the Contractor ta furnish the Construction Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time beinq allowed for cleanup. During construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth with r.egard to the use of vacant property for storage purposes. It shall be the responsibility of the Contractor to coordinate his work with any public or private utility engaged in instaliation or removal of existing facilities on the project site. 32. SAWCUT OF EXISTING CONCRETE: When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item. ;•��, J � (G&A # 199026FW0y FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE � 33. SANI7ARY FACILITIES FOR WORKMEN: The Contractor shall provide all necessary sanitary conveniences for the use of workmen at the project site. Specific attention is directed to this requirement. � .'eJ L�J � 34. SUBSIDIARY WORK: • . Any and all work specificalfy governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, clea�up, and relocation of mailboxes are genera( items of work, which fall in the category of subsidiary work. All objectionable matter required to be removed within the right-of-way and noi particularly described under these specifications shall be covered by ltem No. 102, "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 35. WASTE MATERIAL: � D All waste material shall become the property of the Contractor and shall be disposed of by the Contractor at locations approved by the Engineer, All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street or railroad improvements or to abutting property. D36. TEMPORARY EROSION. SEDIMENT, AND WATER POLLUTION CONTROL,: � �I L�l �� u L! L�J I� � 1. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as s substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, sediment control fence, dikes, slope drains and other devices. 2. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible-earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains, and use of temporary mulches, mats seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution- control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution-control features, but are not associated with permanent control features on the project. ihe Engineer will lict]it the area of preparing right of way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soi!-erosion-control measures shall be performed as directed by the Engineer. The amount of surface area of erodible-earth material exposed at one time shall not exceed 750,000 square feet for each excavation operation, 750,000 SP-9 i� � L� �J l�� Ll Ll �1 � LJ � � � L'�J LJ I� I� � '�J (G&A# 199Q26FW01FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B,FROM CONNER AV�NUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENIJE t�) (d). square feet for each clearing and grubbing operation, unless otherwise shown on the pians or with prior approval by the Engineer in writing. The CONFRACTOR shall also conform to the following practices and controls. All fabor, tools, equipment and incidentals to complete the work will not be paid for directly but shall be considered as subsidiary work to the various items included in the contract. (a). Wasfe or disposal areas and construction roads shall be located and constructed in a , marsner that will minimize the amount af sediment entering streams. (b). Frequent fordings of live streams will not be permitted; therefore, temporary bridges or oth�r structures shail be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in wriiing by the Engineer, mechanized equipment shall not be operated in live streams. When work areas or material sources are located in or adjacent to live streams, such areas shall be se�arated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the canstruction and removal of such barriers to minimize the muddying of a stream. ! All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. (e). The GONTRACTOR shall take sufficient precautions to prevent pof(ution of streams, lakes and reservoirs with fuels, oiis, bitumens, calcium chloride or other harmfu! materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. . 37 378. 3. SUBMITTAL: Prior to the start of the applicable constr.uction, the CONTRACTOR shall submit for �pproval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum. He shaEl also submit for acceptance his proposed method of soif-erosion control on construction artd haul roads and materiaE sources and his plan for disposat of waste materials. No work shall be started until the soif-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. 4. MEASUREMENT AND PAYMENT: All work, materials and equipment necessaryto provide temporary erosion control shall be considered subsidiary to the contract ar�d no extra pay will be given for this work. LEGAL RELATfONS AND RESPONSIBLlTlES TO 7HE PUBLIC The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the Standard Specifications. CONSTRUCTION NON-PAY ITElN - CLEARING AND GRUBBlNG: All objectionabJe items within the limits of this project and not otherwise provided for shail be removed under this itern in accordance with Standard Specification Item 102, "Clearing and Grubbing". However, no direct payment will be made for this item and it shall be,considered incidental to this contract. SP-1 d O � � L�J �1 LRJ � � LJ � (G&A # 199026FW01 FW) SPECtAL PROVISIONS - PAVING IMPROVEf1AENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CC�NNER QVENUE T'O NASHVILLE AVENUE NON-PAY ITEM - SPRINKLING FOR DUST CONTROL: � All applicable provisions of Standard Specifications Item 200, "Sprinkiing for Dust Controi" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM - TREES AND LANDSCAPING: Contractor shall remove only those trees shown to be, removed on the plans. If the Contractor removes any tree not authorized for removal, the tree shaii be replaced.with a tree of the same species and size as the tree removed. ` NON-PAY ITEM - BARRICADES AND TRAFF(C CONTROL: Contractor shall be responsible for providing barricades and traffic control as set forth in ihe "� 980 Texas Manual on Uniform Traffic Contro! Devices for Streets and Highways" and per Standard Specification Item No. 524, "Barrier and Warning and/or Detour Signs", Fort Worth Public Works. Payment for traffic control and traffic control devices shall be considered subsidiary to work performed as stated in Standard Specification Item No. 524, City of Fort Worth and no additional campensation wifl be allocated. NON-PAT ITEM — MAINTAINING ACCESS: Contractor shall be responsible for maintaining access to all homes and businesses during construction. � NON-PAY ITEM - TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL: � � L!1 a. DESCRIPTION: This item shal( .consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operation. The temporary measure shall inc(ude dikes, dams, berms, sediment basins, fiber, mats, jute netting, temporary seeding, straw, mulch, asphalt mulch, plastic liners, rubble liners, baled hay retards, diked, slope drains and other devices. b. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth n and the authority to limit the surface area of erodible-earth material exposed by excavation, uborrow and to direct the CONTRACTOR to provide temporary pollution-contro! measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, � dams, sediment basins, slope drains and use of temporary mulches, mats seeding or other controi devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that � devefop during construction prior to installation of permanent pollution-control features, but are not associated with permanent control features on the project. The Engineer wili limit the area of preparing the right of way, clearing and grubbing, Q excavation and borx�w to be proportional to the CONTRACTOR's capability and progress in keeping the finish grading, mulching, seeding and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions D make such limitations unrealistic, temporary soil-erosion-controf ineasures shail be performed as directed by the Engineer. l�J � The Contractor shall also conform to the following practices and controls. All labor, tools, equipment and incidentals to complete the work wiil not be paid for directly but shall be SP-11 lJ � � � LsJ sJ considered as subsidiary work to the various items included in the contract. i. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. ii. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. � iii. All the waterways shall be cleared as soon practicable of falsework, piling, debris or other obstructions placed during construction operations that are not part of the finished work. iv. The CONTRACTOR shall take sufficient precautions to prevent pollution of streams, lakes Q and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operation so as to avoid or minimize siltation ot streams, lakes and reservoirs� and to avoid interference with movement of migratory fish. � U � D '. � Q 2. � � � � '!J (G&A # 199026FW01FW) SPECIAL PROVISIONS - PAVINC 1MPROVEMFNTS FOR AVENUE B.FROM CONNER AVENUE TO NASHVtLLE AVENUE QND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE c. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide : temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. NON-PAY ITEM - SiIICONE JOINT SEALANT INCLUDING SAW CUTTING:, Specifications for "Silicone Joint Sealing" are as follows: SILICONE JOINT SEALING (Revision�l, October �8, 1989) SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2 (11) "Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - C1TY OF F�FiT WORTH, and Item 2.2.10 "Joint Sealing" of STANDARD SPECIFICATfONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. � DESCRIPTION This specification or silicone joint sealing shall apply to, but shall not be limited to, ail Porttand Cement Concrete street pavement, valley gutters, concrete drive approaches, curbs and curb and gutter sections. 3. MATERIALS 3.7 3.2 The silicone joint sealant shall meet Federal Specifications 7T-S-001534A for Cfass t, Class fl and Class III silicone joint sealant of this specification. Before, the installatian of the joint sealant, the ContraGtor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meets those requirements. 3.2 The manufacturer of the siticone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiabie documentation shall be submitted to the Engineer, Acetic acid cure sealant shall not be accepted. The silicone sealant shall be cold applied. SP-12 D � � (G&A # 199026FW01 FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B.FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE � 3.3. Class I: Silicone joint Sealant: � Class I low-modulus silicone joint sealant shall be used for sealing Portland Cement Concrete D pavement "dummy" joints, construction joints and expansion joints. The joint sealant shall be Dow Corning 888 silicone joint sealant as manufactured by Dow-Corning Corporation Midland, MI 48686-0994, or an approved equal. � Table I: Silicone Joint Sealant � �� L�J L�� LJ !?�J � � LJ � Test Method Test Requirement AS SUPPLIED Non Volatile Content, % min. MIL-S-8802 Extrusion Rate, grams/minute ASTM D 1475 Specific Gravity MIL-S-8802 Flow, inches max. MIL-S-8802 Tack-Free Time, minutes Cure Time, days . Full Adhesion, days AS CURED - AFTER 7 DAYS AT 25°C (77°F) AND 50% RH 95 90 to 250 1.450 fo 1.515 0.2 35 to 75 7 14 to 21 ASTMD 412, Die C Elongation, % min. 1200 ASTMD 412, Dis C Modulus C� 150% Elongation, psi max. 45 ASTMC 719 Movement, 10 cycles C«� 100/-50% No Failure ASTMD 3583 Adhesion to Concrete, % Elongation min. 500 (Sect. 14 Mod.) ASTMD 793 Accelerated Weathering, C�3 5,000 hrs. No Bond Loss 3.4. Class II: Self-Leveling Silicone Joint Sealant . Class II low-modulus self-leveling silicone joint sealant shall be used for sea(ing Portland Cement Concrete pavement "dumm�' joints, construction joints and expansion joints. The joint sealant shall be Dow Corning 888-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation, Midland, MI 48686-0994, or an approved equal. Table II: Self-Levelinq Silicone Joint Sealant, Test Method Test Requirement AS SUPPLIED Non Volatile Content, % min. 93 to 95 MIL-S-8802 Extrusion Rate, grams/minute 100 to 600 ASTM D 1475 Specific Gravity 1.290 to 1.390 Skin-Qver Time, minutes max. 60 Cure Time, days 14 to 21 Full Adhesion, days 14 to 21 AS CURED - AFTER 21 DAYS AT 25°C (77° F) AND 50% RH ASTMD 412, Elongation, °/a min. 1300. ASTMD 412, Modulus @ 150% Elongation, psi max. 3 to 30 SP-13 � �'J ��1 (G&A # 199026FW0'i FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE � ASTMC 719 Movement, 10 cycles C�? 100/-50% No Failure ASTMD 3583 Adhesion to Concrete, % Elongation min. 550 (Sect. 14 Mod.) ASTMD 793 Accelerated Weathering, C� 5,000 hrs. No Bond Loss U 3.5. Class III: Self-Leveling Silicone Joint Sealant for Asphalt hJ � Class III ultra-low modulus self-leveling silicone joint sealant for asphalt shall be used for sealing the joints between asphalt shoulders and Portland Cement Concrete Pavements. The joint seaiant shall be Dow Corning 890-SL self-leveling silicone joint sealant for asphalt as manufactured by Dow Corning Corporation, Midland, M148686-0904, or an approved equal. Table III: Self-Levelinq Silicone Joint Sealant for Asphalt LJ I� � '� �!i � L�J t�J L! 4. � L�1 � Test Method Test Requirement AS SUPPLIED Non Volatile Content, % min. MIL-S-8802 Extrusion Rate, grams/minute ASTM D 1475 Specific Gravity Skin-Over Time, minutes max. Full Adhesion, days . AS CURED - AFTER 21 DAYS AT 25°C (77°F) AND 50% RH 96 to 99 275 to 550 1.260 to 1.340 60 � 14 to 21 ASTMD 412, Die C Mod. Elongation, % min. 1400 • ASTMD 3583 Modu(us C� 150% Elongation, psi ma (Sect. 14 Mod.) . ASTMC 779 Movement, 10 cycles � 100/-50%No Failure ASTMD 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTMD 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 3.6. The joint filler stop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to pr.event the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shafl be compatibie with the silicone joint sealant and no bond or reaction shall occur between them. 3.7 Reference is made to the "Construction Detail" sheet for the various joint details with their respective dimensions. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail" sheet or as directed by the Engineer within 12 hours of the pavement ptacement. (Note that for the "dummy" joints, the initial 1/4 inch width "green" sawcut and the "reservoir" saw cut are identical and shouid be part of the same saw cutting operation. Immediate(y after the saw cutting pressure water washing shall be applied to flush the concrete slurry from the freshly saw cut joints.). The pavement shall be allowed to cure for a minimum of 7 days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned and the joint sealant installed. During the application of the joint sealant, the SP-14 L�i � � Q Q D O � D � O Q � a � � Q D a O (G&A # 199026FW01 FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE weather shall not be inclement and the temperature shall be 401 F(41 C) and rising. � � EQUIPMENT 5.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 5.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 5.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 5.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable traps for the removal of all free water and oil from the compressed air. The blow-tube shall fit into the saw-cut joint. 5.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint.. 5.6 Injection tool: This mechanical device shall apply the sealant uniformly into the joint. 5.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. � 5.8 Backer Rod Roller and Tooling �Instrument: These devices shall be clean and free of contamination. They shall be compatible with the joint depth and width requirements. CONSTRUCTION METHODS 6.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation and joint sealant placement shall be performed in a continuous sequence of`operations. 6.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the "Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 6.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high-pressure water. The water flushing shall be don in one-direction to prevent joint contamination. W hen the Contractor elects to saw the joint by the dry method, flushing the joint with high-pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air (Paragraph Rev. 1, October 18, 1989). After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one Directional passes. Upon the termination of the sandblasting, the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. SP-15 i' �,'� � �: � � � l#i � l� � � f�l l�J LJ � � � � (G&A # 199026FW 01 FW) SPECIAL PROVISIONS - PAVING 1MPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE The blown joint shall be checked •for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon eleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be feft unsealed overnight. ' � 6.4 Bond Breaker Rod and Tape: The bond breaker rod and tape shall be installeci in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dirrrensions. 6.5 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 401 F(41 C). Joints shall not be sealed unless they are � clean and dry. The sealant surface shall be tooled (if a non-self-leveling silicone joint sealant is used) to produce a slight concave surface approximately one-quarter inch (1/4") below the pavement surface. The tooling shall be accomplished before a skin forms on the surface of the sealant. The use of soap or oil as an aid in tooling shall not be allowed. Unsatisfactory sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface sha[{ present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. 6.6 Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and se�ling of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 7. WARRANTY The Contractor shall provide the Engineer a manufacturer's written-guarantee on all joint-sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. 8. MEASUREMENT AND PAYMENT No direct payment will be made for this item and it shall be considered incidental to the respective bid items in this contract. PAY ITEM NOS. IA.1. & IIA.1. - UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer, and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal, however� this does not guarantee any payment for utility adjustments, and neither does it confine utility adjustments to the amount shown in the proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment of repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the SP-16 � � � �� ■J � � � _J LJ LJ C,I � C� � L�J LJ � (G&A # 199026FW01 FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVIl.LE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE adjustments plus ten percent (10°/a) to cover the cost of bond and overhead. incurred by the Contractor in handling the utility adjustments. PAY ITEM NO. IA.2. & IIA.2. - PROJECT DESIGNATION SIGN: � The Contractor shall construct and install two (1) Project Designation Signs for each of the two streets and it will be the responsibility of the Contractor to maintain•the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. . It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting, and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer, and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support, and maintenance shall be to the satisfaction of the Engineer. � The unit price bid per each will be full payment for materials including all labor, equipment, tools, and incidentals necessary to complete the wor.k. PAY ITEM NO. IA.3. & IIA.3. — DEMOLITION OF CONCRETE FEATURES: This item shall be for sawcutting, removal, and disposal of all existing concrete curb, gutter, sidewalks, driveways, and concrete pavement required to construct the new paving improvements as indicated on the plans. Item 104 applies. - The unit price bid per square yard shall be full compensation for all labor, tools, and equipment necessary to complete the work. As subsidiary to this Pay Item, contractor shall provide gravel dikes for pollution prevention as shown on plans or directed by engineer. PAY ITEM NOS. IA.4. & IIA.4. — 6" REINFORCED CONCRETE DRIVEWAY: This item shall be governed by Standard Specification Item 504, "Concrete Sidewalks and Driveways" as shown on construction plans, or as directed by the Engineer, 6-Inch standard concrete driveways shall be measured and paid for based on the Square Foot amount bid for this item, and shall include the furnishing of all materials, labor, equipment, tools, and incidentals necessary to complete the work. The unit price bid per square foot shall prevail regardless of the actual final amount required to be installed. Driveways shall be constructed at locations shown on the plans or as directed by the Engineer. PAY ITEM NOS. IA.5 & IIA.S. - 4" CONCRETE SIDEWALKS. LEAD WALKS AND WHEELCHAIR RAMPS: � This item shall be governed by Standard Specification Item 504, "Concrete Sidewalks and Driveways" as shown on construction plans, or as directed by the Engineer, 4-Inch standard sidewalks, leadwalks and wheelchair ramps shall be measured and paid for based on the Square Foot amount bid for this item, and shall include the furnishing all materials, labor, equipment, tools and incidentals necessary to complete the work. The unit price bid per square foot shall prevail regardless of the actual final amount required to be installed. Sidewalks, leadwalks and wheelchair ramps shall be constructed SP-17 � ■J � (G&A # 199026FW01 FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE_B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE at locations shown on the plans or as directed by the Engineer. �� I�J � PAY ITEM NO. IA.6. — CONCRETE STEPS: This item shall be governed by Standard Specification Item 516, "Concrete Steps" as shown on construction plans, or as directed by the Engineer, concrete steps and buttress walls shall be measured and paid for based on the Square Foot amount bid for this item, and shall include the furnishing of all materials, labor, equipment, tools, and incidentals necessary to complete the work. The unit price bid per square foot shall prevail regardless of the actual final amount required to be installed. Steps and Buttress Walls shall be constructed at locations shown on the plans or as directed by the Engineer. PAY ITEM NO. IA.7. & IIA.6. — RETAINING WALL WITH SIDEWALK: a This item shall be governed by Standard Specification Item 518, "Retaining Walls" as shown on the � plans, or as directed by the Engineer. Retaining Wall with Sidewalk shall be constructed per the detail "Retaining Wall with Sidewalk" as shown on the plans and shall be measured and paid for based on � the cubic yard amount bid for this item, and shall include the furnishing of 'all materials, labor, equipment, tools, and incidentals necessary to complete the work. The unit price bid per cubic yard shall prevail regardless of the actual final amount required to be installed. t! � l�J � � 1�.� l� � l� l� l■�� PAY ITEM NOS. IA.8. & IIA7 - 7" CONCRETE CURB"AND GUTTER: . This item shall be governed by Standard Specification Item 502, "Concrete Curb and Gutter'. The price bid per linear foot for concrete curb and gutter shall include the furnishing of all material, labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NOS. 1A.9. & IIA.8. — REPLACE 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters as shown on the plans, or as directed by the Engineer. This item shall be governed by Standard Specification Item Nos. 314, "Concrete Pavement," and 106, "Unclassified Street Excavation". 7" Concrete Valley Gutters shall be measured and paid for based on the Square Foot amount bid for this item, and shall include the furnishing of all materials, labor, equipment, tools, and incidentals necessary to complete the work. The unit price bid per square foot shall prevail regardless of the actual final amount required to be installed. PAY ITEM NOS. IA.10. & IIA.9. - 7" H.M.A.C. TRANSITION PAVEMENT: This item will consist of the furnishing and placing at various thickness' a H.M.A.C. surface in transition areas where indicated on the plans, as specified in these specifications, and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specification Item 312, "Hot Mix Asphaltic Concrete". The price bid per ton H.M.A.C. Transition as shown on the Proposal will be full payment for materials including all labor, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NOS. IA.11. & IIA.10. - ADJUST WATER VALVE BOX TO NEW PAVEMENT GRADE: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The unit price for this item is a pr�-bid amount of two hundred f"rfty dollars ($250.00) each and will be full payment for materials, labor, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NOS. IA.12. & IIA.11. — ADJUST WATER METER.BOX TO NEW PARKWAY GRADE: This item shall consist of the required removal, adjustment to grade, and any reconstruction required to the top of existing water meter boxes. SP-18 LJ � L�1 l� � (G&A # 199026FV1/01 FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENCIE TO NASHVILLE AVENUE The unit price for this item is a pre-bid amount of fhirty-five dollars ($35.00) each and shall be full payment for materials, labor, tools, and incidentals necessary to complete the work. PAY ITEM NOS. IA13. & IIA.12. - TOPSOIL: This item shall be governed by Item 116 of the City of Fort Worth Standard Specification for Construction Locations of the topsoil shall be directed byfhe Engineer. The proposed quantities shown are calculated to provide topsoil 6 inches in depth (compacted) over � the parkway areas and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable materials are either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume (full truck with sideboards up) tickets and material must meet City of Fort Worth standards D for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. The unit price for this pay item is a pre-bid item amount of eleven dollars ($11.00) per cubic yard. L� � � � � PAY ITEM NO. tIA.13. - STANDARD 10' CURB INLET: See Standard Specification Item 444, "Manholes And Infets" for specifications governing this item. The price bid per each inlet shall be full payment for co�►structing the inlet, including excavation, forming, backfill, and all materials necessary to reconnect with existing storm drain pipe. PAY ITEM NO. IB.1. & IIB.1. — 8" PAVEMENT PULVERIZATION: The contractor shail pulverize the existing pavemenUbase to a depth of eight (8) inches below the surface of the existing pavement. After pulverization is complete, the contractor shall temporarily remove the pulverized material and remove an acJditional three (3) inches of base material. The removal of the base material shall start a minimum of eight (8) inches below the surface of the �existing pavement. After the undercut operation is compEete, the contractor shall mix the pulverized material with five (5) percent Portland cement and sprea�f the material as a base all in accordance with Item 214, "Portland Cement Treatment (Material Manipulation)" of the latest edition of the City of Fort Worth Standard Specifications for Street and Storm Drain Construction as follows: a. � l�l Q l� � Q Cement shall be applied only to such an area that all the operations can be continuous completed in daylight within six (6) hours oi such application. Gradations have to be taken after mixing cement. No equipment except that used in the spreading and mixing will be allowed to pass over the freshly spread cement until it is mixed tivith the soil. Any mixture of soil and cement that has not been compacted and finished shall not remain undisturbed for more than thirty (30} minutes. e. Surface compaction and finishing shall proceed in such a manner as to produce, in not more than two (2) hours, a smooth, closely knit surface free of cracks, ridges, or loose material, conforming to the crown, grade, and line shown on the plans. f. After roadway has been finished as specified herein, it shall be immediately protected a against rapid drying by applying two tenths (0.2) gallons per square yard of RC-2 or some other EPA approved water based emulsion. Should it be necessary for construction equipment or other traffic to use that section of roadway before the � emulsion has dried sufficiently, it is the responsibility of the contractor to dust or sand the surface before such use to prevent pickup of material. l�J SP-19 l�l i� L�J � �� L�J L�J � � (G&A # 199026FW01 FUV) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHViLLE AVENUE g. The contractor shall also maintain this protective cover during the seuen (7) day curing period so that all soil cement base course witl be covered effectively. h. The soil cement course may be opened to local traffic as soon as the water based emulsion has been applied and dusted or sanded as necessary to prevent pickup of material by traffic. It may be opened to all traffic after seven (7) days. � After the minimum seven (7) days of curing, the contraetor sha{I overlay with three (3) inches of HMAC Type "D" course on top of the new base. Ti►e price bid per square yard of 8" Pavement Pulverization shall be full payment for materials, tools, equipment, and incidentals necessary to pulverize the roadway, temporarily remove, and spread the pulverized subgrade to the required lines, grades, and cross-sections as shown on the plans. PAY ITEM NOS. IB.2..IC.1..118.2.. & ItC.1. — UNCLASSfFIED STREET EXCAVATION:. See TPW Standard Specifications ltem No. 106, "Unclassified Street Excavation", governing this item. Removal of existing asphaltic penetration or asphaltic pavement shall be included under this item. All objectionable material found within the limits of excavation shall be removed from the job site and disposed in a manner satisfactory to the Engineer. Removal of such shall be subsidiary to ihis item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this pay item and no additional compensation shall be given as such. D The intention of the owner is to pay only the ptan quantity without measurement. Should either contracting party be able to show an error in the quaMities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The �parry requesting the payment of actual rather than l�J ��I l� .plan quantities is responsible for bearing any survey/or measurement costs necessary to verify the actual quantities. Proposed cross-sections are available upon request. PAY ITEM NOS. 1B.3. & IIB.3. — CEMENT FOR ROADWAY STABILIZATION:, See Standard Specification Item No. 214, "Portland Cement Treatment" for specifications governing this item. The price bid per ton of portland cement, dry weight, shall be full payment for furnishing portland cement. PAY ITEM NOS. 18.4. & IIB.4. — 8" CEMENT STABILIZED SUBGRADE:, See Standard Specification Item No. 214, "Portland Cement Treatment {Material Manipulation)" and Special Provision No. IB.1 & 116.1 " 8" Pavement Pulverization" for specifications governing this item. The price bid per square yard for 8" cement stabilized subgrade shall be full payment for manipulation of subgrade material with portland cement. a PAY ITEM NOS. IC2. & 11C2. — LIME FOR SUBGRADE STASILIZATION:, � See Standard Specification Item No. 212, "Hydrated Lime and Lime Slurry" for specifications governing this item. The price bid per ton of lime, dry weight, shall be full payment for furnishing lime. � � L■J u PAY ITEM NOS. IC.3. & IIC.3. - 6" LIME STABILIZED SUBGRADE: See Standard Specification Item No. 210, "Lime Treatment (Material Manipulation)" for specifications governing this item. The price.bid per square yard for 6" lime stabilized subgrade shall be full payment for manipulation of subgrade material with lime. PAY ITEM NOS. 16.5. & IIB.5. — 3" HMAC SURFACE COURSE (TYPE "D" MIX): . See Standard Specification Item Nos. 312 "Hot Mix Asphaltic Concrete" and 313 "Central Plant Recycling-Asphalt Concrete" for specifications governing this item. SP-20 � C�� L�� (G&A # 199026FWO1FW) SPECIAL AROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE Standard Specification Item 312.5 (1) shall be revised as follows: �I �' � � LRJ C L+�J � � "The prime coat, tack coat, or the asphaltic mixture shall not be placed unless the air temperature is fifry degrees Fahrenheit (50° F) and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer." � The contractor shall furnish batch design of the proposed hot-mix asphaltic concrete for City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. The unit price bid per square yard of H.M.A.C. complete and'in place, shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NOS. IC.4. & IIC.4. — 2" HMAC SURFACE COURSE (TYPE "D" MIXI: See Standard Specification Item Nos. 312 "Hot Mix Asphaltic Concrete" and 313 "Central Plant Recycling-Asphalt Concrete" for specifications governing this item. ' Standard Specification Item 312.5 (1) shall be revised as follows: "The prime coat, tack coat, or the asphaltic mixture shall not be placed unless the air temperature is fifty degrees Fahrenheit (50° F) and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer." The contractor shall furnish batch design of the proposed hot-mix asphaltic concrete for Ciry approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. The unit price bid per square yard of H.M:A.C. complete and in place, shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work PAY ITEM NOS. IC.5. & IIC.5. — 3" HMAC BASE COURSE fTYPE "B" MIXI: See Standard Specification Item Nos. 312 "Hot Mix Asphaltic Concrete" and 313 "Central Plant Recycling-Asphalt Concrete" for specifications governing this item. Standard Specification Item 312.5 (1) shall be revised as follows: "The prime coat, tack coat, or the asphaltic mixture shall not be placed unless the air 0 temperature is fifty degrees Fahrenheit (50° F) and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic material shall alsc not be placed when the wind conditions are unsuitable in the opinion of the Engineer." I�� !J '`�� J The contractor shall furnish batch design of the proposed hot-mix asphaltic concrete for City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. The unit price bid per square yard of H.M.A.C. complete and in place, shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work PAY ITEM NOS. IA.14. & IIA.14�� •- SODDING: See Standard Specification Item No. 118, "(Sodding)" for specifications governing this item. The price hid per square yard for sodding shall be full payment for furnishing and placing all sod; for rolling and tamping; for all watering; for disposal of surplus materials; and for all materials, labor, equipment, tools, and incidentals necessary to complete the work. SP-21 !J �!' O C L■J C � � LJ �;J � n � l*1 � LJ LJ l ■J � (G&A # 199026FW01FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE PAY ITEM NOS. IA.15 & IIA.15 - C�RAMIC TILE STREET NAMES: This item shall govern for the furnishing of ceramic tile complete in place in conformity with the details shown in enclosed drawings and as described herein. 1. Materials a. b. c. d. e. Provide ceramic tile and accessories complying with the 1988 edition of the Handbook for Ceramic Tile installation, by the Tile Council of America, in colors and patterns indicated in the enclosed drawings and as described fierein. Tile: Provide porcelain ceramic mosaic tiles. Tiles shall be impervious, with less than '/z of 1% absorption, stain proof, dent proof, and frost proof. Tiles are to be 1" by 1". Tile Schedule: Provide porcelain ceramic mosaic tiles as indicated on the drawings from any of the following: 1. All tile manufactured by Winburn. Color 1 Midnight Blue No. 1051 Remaining tile to be White No. 1806 2. All tile manufactured by American Olean Tile Color 1 A93 Saxon Blue Remaining tile to be A13 White 3. All tile manufactured by Dal Tile Color 1 DK-23A C�obalt , Remaining tile to be DK=01A White Setting Materials: Tile shall be set in accordance with tile installation method W211- 88, for cement mortar as described in the 1988 Handbook for Ceramic Tile Installation. Grout: Tile shall be grouted in accordance with ANSI A108.10 and recommendations by the 1988 Handbook for Ceramic Tile Installation for Latex-Portland Cement Grout. Installation a. Surface Conditions: Examine the areas and conditions under which work of this section will be performed. Correct conditions detrimenta! to timely and proper completion of the work. Do not proceed until unsatisfactory conditions are corrected. b. Installation c. � 1. Comply with ANSI A108.1, ANSI A108.2, and the Handbook for Ceramic Tile Installation of the Tile Council of America, except as otherwise directed by the Engineer or specified herein. 2. Maintain minimum temperature limits and installation practices recommended by materials manufacturers. Jointing Pattern: Lay tile as indicated on the attached drawings. Provide expansion and control joints where recommended by the Handbook for Ceramic Tile Installation of the Tile Council of America. ' SP-22 / LJ LJ L'_",1 L� L�J CI � � � ��J ��J t�� l�J � L1 l�l � � l�l LRJ (G&A # 199026FW01 FW) SPECIAL PROVISIONS - PAVING IMPROVEMENTS FOR AVENUE B FROM CONNER AVENUE TO NASHVILLE AVENUE AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE e. 3. f. Cleaning 1. Upon completion of placing and grouting, clean the work of this section in accordance with recommendations of the manufacturers of the materials used. 2. Protect metal surfaces, cast iron, and vitreous items from effects of acid cleaning. 3. Flush surfaces with clean water before and after cleaning. Provide tile surfaces clean and free from cracked, broken, chipped, unbonded, and otherwise defective units. • Provide required protection of tile surfaces to prevent damage and wear prior to acceptance of the work by the owner. h. Provide porcelain ceramic mosaic tiles as indicated on the attached drawings. The Contractor shall provide tiles from only one of the following manufacturers at his option unless otherwise directed by the Engineer: Winburn, American Olean Tile or Dal Tile. Measurement and Payment Payment will be made by each completed street name in place. The unit price shall be full compensation for all labor, materials, tools, equipment and incidentals necessary to complete the work. • Any defective work that needs to be corrected or completely removed and replaced shall be considered subsidiary to this item. PAY ITEM NOS. IA.16 & IIA.16 — H.M.A.C. SPEED HUMPS: This item shall consist of installing H.M.A.C. speed humps according to the plan and profile as shown on the detail sheet. Locations are listed at the back of this document. Additional locations may be added as needed. The unit price bid per each shall be full compensation for H.M.A.C. Type d surface course, compact tack ss-1, kraft brown paper — 36" wide 401b paper to keep curb and gutter clean, vibratory hand roller, and all materials, labor, equipment and incidentals necessary to complete the work. Contractor shall notify the Construction Engineer 72 hours prior to installing any speed humps. Pave�nent marking will be installed by Traffic Services Division. �, SP-23 .. . �� rtsci rn.acus L�J HIC�1Y V..r�.�..�� . PREVAILIHG W2i� RATE FiB� L}95 � CZ.��SiFI�'iTIQN---------- RiiTE t�A: SIFICATICH � AZR TtiOL aF:.i�iT�i n�saT.: R� ��;uurar.T Sa'OVELII� o SAT'"'. : �.�.'�i�^.- P*.�HT WEiC�c� BAZ'I�{3C1�3�F�D �r.��ris � �.•��.:.�� FiHI � ( PAV ) t.�.ae�tir.�r� i�IPiS� ( 5'IRS ) t.�.ur...rc:.�� Ei.�aTCI`•sI�I ' � FLA�� F�i SUIL� ( S'I'RS ) F��i LIH� � �s :.�.��-� (�v � a� ) � J.:.1"1�2'C �.�L.U1S:�� L�iE�� . QZ4+�SxY I� �. r:.''.�.? . UTILITY Q �i�tsYlC aZI�R S�VZ� � D p�� Pi�'�iY� BI.�'3.5�, � . � i�rr..? �i��' �P�?A�.S Ar�'iPfi�T . DISZRSF�LTTC� AS_��.LT PAVItFG MA�ii� BROC�i QR �e�.:,.�:1s OF�� TLLDo� . I50 Si (� LFSS SUI.LDo�4. CNF.i� ].50 HP � �FC-'. �' FriV II�iG QJF�IHG MAC$. 0 a�xc�...� �v FzxZ�zxc r�cs. CCt�i� PAV ZI4G Fbi�i C�FZ cz�c�z..� �vn�c Jou�rr ��. �fv-s��:r. Pi3VING 3�II4T � 0 �e�.is��.:. PAVIHG FLt3AT a�� P�vuYc saw c�c�:.-� �vu,�c .��..� � SLIPF'O:�i 2�AP�C:iIHE C�HE, r-s��.r.-r.r.. BAQ�EiOI,E. �IC{. �i�wIttE. 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C[1L[IREU �i1RfACE , , - � . . , . : .� � • - , � � , � ' � ' GRASS � �Rass : � . . . �-- r" -� ,' . , !'-?-m-'��.•� .� :'��Z ,� ` . ;ANSITtaN CH. �1� RAN� �Q„ To �„ _ r- iYP1CAL. LAYUUT TYPE 1 Ci�Y i1F' cnoi � ,•,•,•.. __ p �7 C7 C7 L� �7 C� O C7 CI C� �3 t� C� O C' 0 �-7 0 SCNEIOL BLAG. n - �,P 1��2 1�12 11�+�",� ca�aREn ' ` -C�]LQREU � � sua�Ac� - � t,iz �,t� su��'nc� . .: - �--�-- � -�---- , . r � � � -, . , . , , . . � � � � • � � , , � , . . . • - . � . , , . . �" �' .. , �� , . . . � �l � J_l_ ' .. ' � :..-. :_.i__ �� . � TYPICAL LAyOUT YYPE f CiTY QF fOEtT uOATt� TEXAS — cnHSTuiir_ri�rs cre►��.bn � �. � � � a 0 0 0 0 � � a � � � � 0 a � PAVEMENT MARICINGS �VILL BE INSTALLED BY THE CITY. �L 2� ) . I WORK SHALL CONSIS"C OF COMPACT TACK COAT SS-1. 36" WIDE 40LB KRAFT BROWN PAPERTO KEEP GUTTERCLEAN. HMAC TYPE D TAPERED ALONG THE LIP OF GUTTER AND THE USE OF V[BRA'fORY HAND ROLLER. „� TRAVEL � . � � 3 %" /////�ii � �� , r, , � 4 ...,�� 4 �(� 4 ,I � 12' SPEED HUMP - PROFILE- = C �c �� : 2� >: C' 10' ) 4' 2' 1' >c �; � _ .:.:.:.:.:.:.: _ _.:.:.:.:.:.:...:.:.:.:.:.:.:...:.: _ _ .............. _ .......................:............ _ .... . . . . : .. � r � � � � WHlTE TYPE 11 1-SiDED SPEED HUMP - PLAN V�EW 0 � � , l�J u � l�' � \J � � � � \�' � 1 � ' ' NOTICE �"' The following blank spaces in the certificate � of Insurance, Performance, Payment and Maintenance bonds, and contracts are not to be filled in by the bidder at the time of ,. submitting his proposal. These forms are included herein to familiarize the bidder with rush forms which the successful bidder will be required to execute. � ' ' ' 1 , , ,' , e li! � u � � � � � PAR:T G� (G&A #=199026FW01 FW) IN�URANC�E%BOND�S� � � WORKER'S COMP�E.N A: - . � , S TiON#. C�ERTlFICAT��" INSUF�Af�CE� Q � ._ PERFORMAt��CE:�QND� � PAYME�IT BOND . MA-INTENANC�� BC�N�D � a 0 0 � 0 � � 0 �� I�L� � � �� I�I �li � L�J � J L�J il� CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certi�es that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number PW53- 030530175690 J.L. BETRAM CONSTRUCTION & ENGINEERING, INC. CONTRACTOR By: �/� %J Y!�t.G�1.�c�� Title ��7—y� Date STATE OF TEXAS COUNTY OF TARRANT 0 0 BEFORE ME, the undersigned authority, on this day persbnally appeared known to me be the person whose name is subsc b d te;.��fqr �� instrument, and ackn ledged to me that h` '� �"' ��' ��''�° r� for the purpose and consideration executed the same as the act and dee�,��T�� l��yQ��y��a' �l ,� therein expressed and in the capacity erem st � , 00��'• • � �'_♦ � �� C'' � C [�� I EN iJNDER MY HAND AND SEAL OF OFFICE this o7 �f� day of _ "'—�t�„?.C� , . 19 Q �f . . L��"�.'� 011?HA1VT - , �`' ". " •,"�RY PUBUC ' �, � � • y . ,. :,'E OF TEXAS � ' ��y ��mm. Exp. 3•10•2001 ' V• r■• r Y Y V'11�� V V V' Y� V� V V V V V� . .�� ot Public in and f r the State of Texas � � � I�J I�I L�J BOND N0. 92908830� THE STATE OF TEXAS COUNTY OF TARRANT PERFORMANCE BOND 0 � n KNOW ALL MEN BY THESE PRESENTS: Tl�at we (1) J.L. BERTRAM CONSTRUCTION AND. u ENGINEERING, INC. a(2) CORPORATION of TEXAS, hereinafter call Principal, and (3) CONTINENTAL CASUALTY COMPANY a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and iumly bound unto the 'City of a Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: LJ J I! � �l �!J L�J � ��J � i� T`VO HUNDRED THIRTY 1vINE THOUSAND 1vINE HiJNDRED SEVENTY FIVE AND 86/100 ............... ($239,875.861 Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, adnunistrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 21ST of DECEMBER 1999 a copy of which is hereto attached and made a part hereof, for the construction of: PAVEMENT RECONSTRUCTION FOR AVENUE B AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE designated as Project No. (s) PW53-030530175690, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter refened to as the "work". N01tr THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all clauns and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. " � F1 � � � I■I u �J PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in�Tarrant Gounty, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby'stipulates and agrees that no change, extension of time, alterarion or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. • IN WITNESS WHEREOF, this instrument is executed in9 counteiparts each one of which shall be deemed an original, this the 22n�f DECEMBER, 1999 ATTEST: � G�U (Principal) Sec etary � � LJ � � (SEAL) ��, Witness as to�!Principal ,@ C 0 1"_� �^� r �' � 1,1� ��p�� k-dL.9��G..: t ��.rt'., £e §4�$�TCs��'�� ATTEST: � (SEAL) � � a - �� I I] (Surety) Secretary itriess as to urety P.O. Box 8700, Fort Worth, TX 76124 (Address) J.L. BERTRAM CONSTRUCTION AND ENGINEERING, INC. PRINCIPAL (4) BY: �� Titl e : .�Ll�e22CG�C:Ii��D'� 1007 HARRISON AVENUE ARLINGTON, TX 76011_ (Address) CONTINENTAL CASUALTY COMPANY Surety BY: �i1/%�}'Y1'�1.� . � . ll I��(i(iV,i'.�l/ Tamara E. Murray(Attorney-in-fact) (5� CNA Plaza Chica�o. IL 60685 (Address) NOTE: Date of Bond must not be prior to date of Contxact (1) �2) (3) (4) (5) Correct Name of Contractor A Corporation, a Partnership or an Individual, as case may be Correct name of Surety If contractor is Partnership all Partners should execute Bond A true copy of Power of Attomey shall be attached to Bond by Attorney-in-Fact.. � F2 � � � � � � a � � a � Q � a � a 0 a 0 IlVIPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages', rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, Texas 78714-9104 Fax # (512) 475-1771 PRENIIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached document. � LJ � � BOND N0. 92908830jJ THE STATE OF TEXAS COUNTY OF TARRANT MAINTENANCE BOND � 0 � KNOW ALL MEN BY THESE PRESENTS: That (1) J.L. BERTRAM CONSTRUCTION AND, ENGINEERING, INC.as Principal, acting herein by and through (2) its duly authorized and (3) CONTINENTAL CASUALTY COMPANY a corporarion organized � under the laws of the State of I11ino�ss surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, A Municipal Coiporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of aT�VO HLINDRED THIRTY NINE THOUSAND 1vINE HiJNDRED SEVENTY FIVE AND 86/100 ................ ($239,975.86) in lawfiil money of the United States, for the payment of which sum well and truly be made unto said � City of Fort Worth and its successors, said Contractor and surety do hereby b'vnd themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. � � � ' �J I�I O ��1 � '._�J �� This obligation is conditioned, however; that, WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, 21ST OF DECEYIBER 1999the performance of the following described public work and the construction of the following described public improvements: � PAVEMENT RECONSTRUCTION FOR AVENUE B AND AVE3VUE D FROM CONNER AVENUE T'O NASHVILLE AVENUE of same being referred to herein and in said contract as the Work and being designated as project PW53- 030530175690and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein; and , WHEREAS, in said Contract, Contractor binds itse2f to use such materials and to so construct the work that it �vill remain in good repair and condirion for and during the period One (11 Year after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of One (11 Year; and, WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time �vithin said period, if in the opinion of the D'uector of the Water Department of the City of Fort Worth, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. � � � � ' RJ � NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and condirions of said Conh�act, these presents shall be null and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said � Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. L�J � WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, IN WITNESS WHEREOF, this instrument is executed in 9 counterparts, each one of which shall be deemed an original, dated 2 2n�F DECEMBER, 1999. AT"I'EST: � � ,�t G� , �x.t� ,�� (Principal) ecretary � L■J LJ (Seal) � �� Witness as to Principal 10�i ��=i�r �� A1fE. � ,�l{�LING1�C3�, � E3fs�� 76011 (Address) ATTEST: � � (SEAL) L� 1 l�l (Surety) Secretary 0 4 � �4� �� Witness as to Surety � P.O. Box 8700, Fort Worth, TX 76124' J.L. BERTRAM CONSTRUCTION AND ENGINEERING , INC. PRINCIPAL (4) BY� °� � Title: 1007 HA.RRISON AVENLJE ARLINGTON, TX 76011 (Address) CONTIN TAL CASUALTY COMPANY SuretyG BY: , j. . Tamara E. Murray(Attomey-in-fact) (5) CNA Plaza, ChicaQo, IL 60685 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a parhiership or an Individual, as case may be (3) Correct name of Surety (4) ' If Contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. � F6 L�J � � � l�l � � u l� CI I■ u u [' C' � C. THE STATE OF TEXAS COUNTY OF TARRANT PAYMENT BOND � �7 BOND N0. 92908830�,, KNOW ALL MEN BY THESE PRESENTS: That we (1) J.L. BERTRAM CONSTRUCTION AND ENGINEERING, INC. a (2) Corporation of Texas, hereinafter call Principal, and (3) CONTINENT�L CASUALTY COMPANYa corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and iimily bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of : TWO HUNDRED THIRTY 1vINE THOUSAND NINE HUNDRED SEVENTY FIVE AND 86/100 ............... ($239,975.86) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, frmly to these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 21ST day of DECEMBER A.D. , 1999, a copy of which is hereto attached and made a part thereof, for the construction of:: PAVEMENT RECONSTRUCTION FOR AVENUE B AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE Project No. (s) PW53-030530175690 a copy of which is hereto attached, referred to and mada a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as deimed in Article 5160, Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work p'rovided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. F10 0 � �•J u � L�J � n THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterarion of addition to the terms of the contract or to the work to be performed thereunder or the specification s accompanying the same shall in any wise affect its obligarion on this bond, and it does hereby waive norice of.any such change, extension of time, alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this inshument is executed in� counterparts each one of which shall be deemed an original, this the 22ridiay of DECEMBER A.D., 1999. � a ATTES • . / - .� C CI LwJ L�J (Principal) Secretary <-��P.l,l.�--�� Wimess a��r�pal 1007 4�1�� " �1RLIiVi�TOI�, -`�°l.A� 76011 Address J.L. BERTRAM CONSTRUCTION AND ENGINEERING. INC PRINCIPAL �4) BY: � '_��--� � '� ' ` �. . Title: � 1007 HARRISON AVENUE ARLINTON. TX 76011 (SEAL) (Address) C NTINENTAL CASUALTY COMPANY urety Q BY: ' ,L�l. L • (Attorney-in-fact) ( Tamara E. Murrav (Address) AT'TEST: � � (SEAL) a � a L!II CI (Surety) Secretary CNA Plaza Chicago, IL 60685 � (Address) NOTE: Date of Bond must not be prior to date of contract (1) �2) (3) (4) I! l,. i ess as o' ety �� •'' . (5) Correct Name of Contractor A Corporation, a Partnership or an Individual, as case may be Correct name of Surety If contractor is Parhiership all Partners should execute Bond A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. � POWER OF ATTORNEY APPOINTING INDIViDUAL ATTORNEY-IN-FACT ��1 � � ��J � �� i� � IJ � �' L! L^. � �' Know All Men By These Presents, That CONTINENTAL CASUALIY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsyivania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Iliinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Bobby E. Mayo, Tamara E. Murray, Charles D. Sweeney, Kyle W. Sweeney, Individually of Fort Worth, Texas their true and lawful Attomey(s)-in-Fact with tull power and authority hereby conferred to sign, seal arid execute for and on their behatf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instrvments were signed by a duly authorized officer of their corporations and all the acts of said Attomey, pursuant to the authority hereby given are hereby ratified and confirmed. ?his Power of Attomey is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Wifiess Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affxed on this 7th day of March , 1998 . �r- • r i c�O�TF SEAL � 1897� CONTINENTAL CASUALTY COMPANY �o��OR$� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD g"y �O� AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA �acaaraaaT�.o � . ' IULY 31, � I// ��j�� V • � '� p* G � \b • �`a • Marvin J. Cashion Group Vice President State of Illinois, County of Wiil, ss: - On this 7th day of March , 1998 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the_ seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowiedges same to be the act and deed of said corpora6ons. `'e� i. pac�`' 4+ NOTARY � PU81,1C !s,• `��• �� Co. My Commission F�cpires June 5, 2000 CERTIFICATE •�7R�JJY�. 1 • ��k^^ `�,, � Eileen T. Pachuta Notary Public I, Mary A. Ribikaws4ds, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attomey herein above set foctfi is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 22ndday of December , 1999 . a CONTINENTAL CASUALTY COMPANY 2��C��qCT � �\Q� �NSUR,�yc� �y`o�arrcor�,� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 3v � '�� AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA �' c°aa°a'�TF � � '�` � a �NCORP°RqTfo � � Z y� � � a � JULY ]I, . � � � �J SE/V_ `�c s � `.;� < �� I� �+* 1897 HAR�� Mary A. Ribikawskis Assistant Secretary (Rev.10/1/°7) � a CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH, TEXAS 1000 Throckmorton, Ft Worth, Tx 76102 Expires Limi.ts of Liability 09/30/00 $1,000,000./1,000,000./1,000,000. Bodily Injury: 09/30/00 Ea. Occurrence: $ 1,000,000. Property Damages: Combined 3ingle Ea. Occurrence: Limit Ea. Occurrence: , $ � NAME OF PROJECT: Avenue B& Avenue D Reconstruction. aPROJECT Ni7N�ER: PW53-03530175690 aTHIS IS TO CERTIFY THAT J.L. BERTRAM CONSTRUCTION & ENGINEERING INC. 1007 HARRISON AVE., ARLINGTON, TX 76011-7327 (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the type of insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. � TYPE OF INSUi2�NCE Workers' Compensation j�l Comprehensive General uLiability Insurance (Pub1iC Liability) aBlasting Collapse of Buildings of structures adjacent to excavations �Damage to underground Utilities Builder's Risk �Comprehensive Automobile Lisbility aContractural Liability * Other Umbrella Policy No. WC3069286 CLP3069283 CLP3069283 CLP3069283 CAP2543370 CLP3069283 XYZ0007A885732 Effective 09/30/99 09/30/99 09/30/99 09/30/99 09/30/99 09/30/99 09/30/99 �ocations covered: Texas escription of operations covered: 09/30/00 09/30/00 Date 12/22/99 Ea. Occurrence: $ 1,000,000. Combined 3ingle Limit Ea. Occurrence: $ 1,000,000. CSL Sodily Injury: 09/30/00 Ea. Person $ 1,000,000. Ea. Occurrence Combined Property Damage: Single Ea. Occurrence: Limi.t Bodily Injury: 09/30/00 Ea. Occurrence $ 1,000,000. Property Damage: Combined Ea. Occurrence: Single Limit 09/30/00 $10,000,000. Combined Single Limit See above �roject The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than thirty (30) days after the insured has received written notice of such change/or cancellation. �here applicable local laws or regulations require more than thirty (30) days actual notice of change or I..Jcancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. Bituminous Casualty Market gency The Sweeney Company *Fireman's Fund (Casualt�r Market) �Fort Worth Agent P.O. Box 8700 ��Q p�_�� 10 o_yy4 ��.1 817-457-6700 � Address Ft Worth, Tx 76124-0700 Title Authorized Representative �THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY & CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE NEITHER AFFIRMATIVELY NOR NEGATIVEI�Y �AMENDS, EXTENDS OR ALTERS THE COVERAGES AFFORDED BY THE POLICIES I,ISTED HEREIN. i� � �il� � f�l � � I� CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: This agreement made and entered into this the 21ST day of DECEMBER A.D. 1999 , by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City of the 11 day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City council of said City and the City of Fort Worth being hereinafter termed Owner, J.L. BERTRAM CONSTRUCTION AND ENGINEERING, INC. HEREINAFTER CALLED CONTRACTOR. � WITNESSETH: That said parties have agreed as follows: a That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said owner to commence and complete � the construction of certain improvements described as follows: L�J LJ I,LJ I� r� � � � � PAVEMENT RECONSTRUCTION FOR AVENUE B AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE 2. That the work herein contemplated shall consist of furnishing as an indenendent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Transportation and Public Works and Water Department of the City of Fort Worth and adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Depariment of Engineering of the City of Fort Worth. C-1 u � --� `IJ I�I L+�J 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort worth within a period of 130 calendar days. If the Contractor should fail to complete the work as set forth in the Plans and aSpecifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or � which may thereafter become due him, the sum of $210 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. � � L�J � u � � Ll � i� �; 1� u � ��J 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specification made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. � Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend owner and the Construction manager, their officers, agents, servants, and employees, from and against any and injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the worlc and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said contractor does hereby convenat and agree to assume all liability and responsibility of Owner and the Construction Manager, their officers, agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees and invitees whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees or the Owner. Contractor likewise convenants and agrees to, and does hereby, indemnify and hold harmless Owner and Construction Manager from and against any and all injuries, loss or damages to property of the G2 L�:I aOwner and Construction Manager during the performance of any to the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, Q any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. p In the event a written claim fortn damages against the Contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Department of engineering, as evidenced by a final inspection, final payment to the Contractor ashall not be recommended by the Department of Engineering to the Transportation and Public Works Department for a period of thirly (30) days after the date of such final inspection, unless � the Contractor shall submit written evidence satisfactory to the Department of Engineering that the claim has been settled and a release has been obtained from the claimant involved. � Although the claim concerned remains unsettled at the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi- final payment to be in an amount equal to the total dollar amount then due less the dollar value or D any written claims pend.ing against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Department of Engineering. p The Director of the Department of Engineering shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits � evidence in writing satisfactory to the Director that: (1) The claim has been settled and a release has been obtained from the � , claimant involved, or (2) Good faith efforts have been made to settle such out-standing claims, and asuch good faith efforts have failed. p If condition (1) above is met any time within the six (6) months period, the Department of Engineering shall recommend that the final payment to the Contractor be made. If condition 92) above is met at any time within the six (6) month period, the Department of Engineering may Qrecommend that the final payment to the Contractor be made. At the expiration of the six month period the Director may recommend that final payment be made if all other work has been � performed and all other obligations of the Contractor have been met to the satisfaction of the Department of Engineering. The Director of Department of Engineering may, if he deems it appropriate, refuse to accept bids � on other City of Fort Worth Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. � � � � C-3 � f+� 1 7. � The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all nclaimants for labor and/or materials furnished in the prosecution of the work, such bonds being 1J as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total � contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. � : � Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for a11 of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment j"( will be made in monthly installments upon actual work completed by contractor and accepted by u the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a shall be TWO HUNDRED THIRTY NINE THOUSAND � NINE HUNDRED SEVENTY FIVE AND 86/100 ........................DOLLARS ($239,975.861 �� It is further agreed that the perforniance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. � 10. Q The Contractor agrees to pay at least the minimum wage per hour for all labor as the same classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. � � � u i �� C-4 � I�I 11. � The Contractor shall procure and shall maintain during the life of this contract insurance as specified in Paragraph 8 of Special Instruction to Bidders of this contract documents. I� 12. It is mutually agreed and understood that this agreement is made and entered into by the � parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this � Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be � signed in 8 counterparts in its name and on its behalf by the City Managers and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers iri � counterparts with its corporate � seal attached. L�J � � ',] �� , I!I � � � � C-5 � I� I• � I�I � ■1 Done in Fort Worth, Texas this the 21ST day of DECEMBER A.D.,1999 RECOMMENDED: ,�.,�'��sa.�� ,�= __.. � DIRECTOR, DEPARTMENT OF ENGINEERING CW CITY OF FORT WORTH . BY: ASST. CITY MANAGER CW ED: �%�C��'�'t' , �� -�. �„w,a �� r �� TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: I�J � � � ,� J.L. BERTRAM CONSTRUCTION AND ENGINEERING, INC. 1007 HARRISON AVENUE ARLINGTON, TX 76011 CONTRACTOR BY: C_.�.�✓ /J � � TITLE � 1007 FEARRISi?+� AVE. -- �1RLIN�TON, �fE7ff�� 76011 ADDRES S � �� November 1960 Revised May 1986 Revised September 1992 Revised January 1993 '�.rL _ �1. ! / � � ' .� . . APPPROVED AS TO FORM AND LEGALITY ASST. Y ATTORNEY �� n"� Contract Authorization y � T /�__� ~ Date D C_6 I � � � � I I � � �� . ��'� � I I � PA�T� I� HOUSING� A�NQ� URBA►��1= - DEi/IELOPII�i�NT-: COMPLIANGE:: Gt�ID.E_A¢ND� � SPECIFICA�`IO�S� 0 I• � � D � � a 0 0 0 0 a 0 0 0 0 0 D � �IOUSING AND��R:B.Al�T � � DEVELO�P}i�'I�II�T �- C(�11�I�P # ` � � �E GTJIi)E r 'a• ;,� .� �� Si= L��JL[�Vl �.�}i.��. � � L�J CI � � � � L�J l■J l■1 � l�J � � lJ l■J � � � . � DEPARTMENT OF HOUSING�AND URBAN DEVELOPMENT- COMRLIANCE:GUiDE� Department of Housing and Urban Qevelopment Cbntract Requirements Certification of Bidder Regarding Equal employment Opportunity Certification Regarding Lobbying Certificate of Owner's Attorney Contractor information Worksheet Subcontractor lnformation Worksheets, 3 copies Section 3 Attachments Attachment B— Self Certification Form, Socially or Economically Disadvaniaged Attachment D— Statement of Release Attachment E— Preliminary Statement,.Work Force Needs� Statement of Policy on Equal Employment Opportunity Affirmative Aciion Plan Section 3 Clause, 24 CFR, Part 135.20 and HUD Grant Agreement: Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements-� EEO Poster � HUD 1-16 HUD 17 HUD 18 HUD 19 HUD 20 HUD.21 — 23 HUD 24 HUD 25 HUD 26 HUD 27 HUD 28 � HUD 29 — 38 HUD 39 HUD 40 — 42 HUD 43 l�l � � � L � � � � � L�' � � � a w i :•: ••� � : ��17f�� • � � : �1� li : : • � �►/ � • �171�� 4� ��: : �11 : • : 71�t71t1 Contractor agrees to cocrtply with� the: requirements - of _ the - Housing and Uri�an: Development Act of 1968, as amended, .,and with-' t2�e regulatioas prort�ulgated thereunder. Specifically, Contracto� shall� co�ly vith� the following Acts and Orders and_their: zegulations: . �y � �:��: � _ ••.�: a� � K : w •. � Duriag the performance of thia Contract, the Contractor.agrees as folloWe: a. The Contractor uill aot discriminate:against.-any-employee or�applicanC�for- e�loymesit because of race, color, religioa, eex or national origia. The Contractor will_ take affizmative-�action. to:ensure that �applicants, are� employed and that� employeea • are -treated .during- emp2.oyment- Without� regard_ to their race, color, religion, sex:or'na.ti�onal origin. Such acLion�shall include, buc not be limited Co, the-foiloNing:- employment; uggrading; demotion or transfer; recruitmeat or_.recruitment_adverti.9ing; layoff or termination; rates of pay or other�forms o£:compensation; and selection for training, inciuding apprenticeship. The Contractor agrees to post in conspicuous places, available to ert�loyees_-and aQplicants for employment, notices setting forth the provisions of this nondiscrimination c2ause. b. The Contractor Will, in all solicitations or advertisements for employees Qlaced by ar on behalf of the. Contractor; state that all qualified applicants aill receive consideratian for employment aithout regard to race, color, religion, sex or nationai oxigin._ . c. The Contractor will send to each labor union or representative of workers, with which it has a collective•bargaining agreement or��other contract or• under9tanding, a. notice- advising-• the- said - labor- u.nion • or aorkers' representative� of the Contractor's commitment under this section, and shall post copies of the� notice� in--conspicuous: places available to- employees and applicants for- ecciploymeat-.: � d. The Contractor �+ill coc�ly vith all provisions of_Executive-Order i1z46 of September 2t, 1965, and with the..rules, regulat-ions and zelevant orders o£ the Secretary of Labor. L�J � CI e. The Contractor Will furaish all in£ormation• and reports required by Executive Order 11246 of Septemher.2's, 1965, and by rules, regulations and orders of the Secretazy of La.i�or, or•pursuant'thereto, and Will pezmit access to i.ts�books, records a.nd accaunts-by the°Department of Housing and �Ur.ban� Development ("�he Department'� and- the�Secretary o£ T:abor for. purposes of investigatiou to- ascertain� cocr�glia.nce:� With such rules, regulations and orders. f_, IrI the event of. the Contractor's, non�omplia.ace-with the 'nondiscrimination a clauses of this Contract or wat�h� any of • the � said rules, regulat�.ons or orders„ this Contract-may be_cancelled, tezminated or auspended in Whole or in part and the Contractor may be� declared�ineligible-for further � IX�►�-�- D Q � a a a a � govcziuncat contracta in accorda,ncc with procedures authorized in Executivc Order 11246 of September 24, 1965,,or by rul�; regulation or�order of the Secr.etary of Labor, or_ as- otheztiriae�provided. by lax. g. The Concractor will include the sentence_immediately preceding Paragraph a and the provisions of�Paragraphs:aathrough g:in_every subcontract�or. purchase order unlesa exempted by, rulea, regulations-or orders of` the• Secretazy of Labor issued pursuant to-.S�ctioa�w204.of.Executive Order 11296 of Sept�ember-24, 1965, so that:.such.provisions.-Will...be:binding upon each subcontractor or vendor. The Contractor--will_ take,�such action vith respect to any.subcontract or purchase:order_as the��Department may direct- as a means of enforcing. such� provisions�; including sanctions for noncompliance. Provided, however, tiiat; i.a; the-� event � the Contractor. becomes involved in or is threatened aith-litigatioa �rith a.subcontractor- or vendor as a.zeeult: of- such..directioa�by the.-Depa.rtment,, the-Coutractor' may request the IInited States to esiter into s�ch litigation to protect the iaterest-of the United States.. a h. The Contractor shall submit a certification_and.shall require.each;of;its_� subcontractors to submit a certification that-all facilities provided for employees of-Contractor or any=suhcontracCor.shall_be fully integrated, � and Contractor shall not pezmit ite employees•.to-perform--their services in any ].ocations under its control Khere••segregated facilities are main- tained. L�I CI, L!'I � i. The Contractor and each aubcontractor shall pennit access during normal �business hours to its premises for�.the purposec of conducting on-site coctspJ.iance reviews and for inspecting and copying. such books, records, accounts and other material as may be pertinent to compliance with the . Order and the rules and regulations.promulgated_pursuant thereto by the City. Infozmation obtained in. this_ manner: shall be used only in connection aith�the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and-in•furtherance of the gurposes of the Order and the Act: . :�: �� :q •. :� a. In performance--of.all. contracts, the•�Contractor- Mill comnly with the � Affirmative Action Guidelines of Executive order 112t6 and the implement- ing regulations and documents thereof. CI l■�'' � � � b. In performance of all contracts in the amount' o�� $10,000 or more: Contractor r+ill comply aith Seceion�3.of the Houaing and_IIrban Development_ Act of 1968, as amended, 12 U.S.C: 1701u, and.the�it�lementing regulations and doc.�unents and shall have .on filera_written affiz�atiative action pol.icy, ahich ha.s the stated work force�goals of-18.2�=minorit.y persons and 6.9t- " females, and must�foilow the-hiring•practices-specified in Subsection C; beloN. Additionally, Contractoz-agrees.to theYfolles+ing provisions: (1) The work to be performed_ under: this Contract is- on• a project� assisted under a program- providing direct ' Federal financial assistance from the I7epartmeat' of. Hbus�ng� and IIrban Development and is subject to the requirements-of•Section 3.of.the Iiousing and Urban Development Act of. 1968, as�amended, 12_U.S.C. 1701u. Section 3 N � � -a- L�J � � L�J � � � L�l l�J l�! � L�� L' L; Ci LI L�1 LJ u rcquires that, to the,greatest cxteat fcasible, opportunities for training and ecnployment are_given. to..-loaer�: income-residents of _the. - project area.and contracts�for•r+ork•ia.conneetion wi-th the.project� are awarded to business concerns which :are-: located. in. or- ouned. in - substantia]. part by persons, residingr; in. the -area .of•.� the project: t2? The parties to this Contract sril2 comply vith.the provisions of-said Section 3. and_ the regulatfons. issued pursuaant-:. thereto by the � Secretary of Housing and Urban-Development.set forth in 24 CFR 135 and,all applicable- rules and orders- of the Department= issued. thereunder prior to the-executian:of-this�•Contract. The-parties•to thia contract certify and agree-that-:_they are-�under no contractual_ or other disability which �rould prevent;them from-complying rriCh these requirements. _ (3) 2he Contractor s+ill send to each labor orgaaizatioa or represeata- tive of ti+orkers-with which-he-ha,s a;�collective bargaining agreement or other contract o= understanding, if'aay, a�aotice advi9fng the said labor organization or workers" representative of his comcnit- ments under this Section 3�clause and. shall post copies of the notice in conspicuous placea-availa.ble..ito employees and applicants for employment or training. (4) The Contractor vill include��thi� Section-�3.clause•in every subcon- tract for vortc in connection �rith.. the project and will, at the direction •of_ the applicasit: for�or r.ecipient�•of_ Federal financial assistance, take appropriate action pursuant�to:the subcontract upon a finding that the subcontractor. is. in. violatioa of regul.ations issued by the Secretaxy of: Sousingr and_Urban Development as set forth in 2� CFR 135. The Contractor•-�+ill_not�subcontract:s+ith any subcontractor Wher.e it_ has, no.tice_ or�knowledge �that. the latter has been found in-violation�of;'regulations under-.24 CFR 135 and will.not: let any subcontract unless the subcontractor:has £irst provided it with a_preliminary 9tatement-of ability to_comply .+ith-the require- ments of these-regulations. (5) Compliance with the provisions� of= SecLion 3; the regulations set forth in 2t CFR 135 � and ail. applicai�le zules and orders of the Department issued thereunder prior to�the-execution of the Contract:. shall be a condition of-the-Federal financial assistance provided to the project, binding upon the- applicant_ or recipient for_ such assistance, its auccessors and assigns.. Failure:to fulfill.these- requirements shall_suhject-the applicant.or�recipient, its contrac-- tors and subcontractors, ita- successors••and assigns, to those sanctions specifi�d by the- grant, loan.. agreement or contrac�. through�which Federal asaisCance is provided and to such sanctions as are specified by 24 CFR 135. c. In pezformance of all contracts- in•. the� amaunt: of� $S0, 000 or more, � where the Contractor ecnploys more- than twenty-five non-construction employees, the Contzactor must promulgate:a specific:affirmative_-action plan, and must take specific affizznative action.to_ensure equal employment opportuniti.es. Contractor shall ier�piement: affirmative action steps_ at least as extensive as the follouing: H��-3- � L�'J l�J � I� LJ � � L!' � � � ��l � l�l � � L!J tl? Ensurc and maintain a working envirozuacnt free of harassmcnt, intimidatioa and coercion at all sites.and im.all facilities at: which the Cantractoz's. tmployees: arc- a9aigned to work. The Cantractor sha.11 specifical.ly ensure: Chat� all foremen, _ superintea- dent9 and other on-site supervisozy personnel..are aware of.and.are• carrying out the•Contractor's;.obligations.to.maintain such a working environment, with specific � attenCion-• to- minority and � fecRa.le individuals aorking at: such.si.tes.~ orm in- such facilities. The- Contractor; where•:possible� Will.assign two or.more women to each constzuction project. (2) Establish and maintaim a_ cuzrent' list` of� minority and female- recruitment sources and providc r+ritteu aotificaCion to minority and _ female recruitment sources aad..Co cocem�cuiity organizations xhen the Contractor or-its unions havetea�loymeut:opportunities availabie, and maintain a record of �he organizati.orsa• respoaees. . t3} Maintain a current file� of� the• na.mes; addresses and_telephone-• numbers of each minority' and fema.le°� off-street appl£cant- aad. minority or female referral from�-a .union; a.-recruitment• source or cocm►unity organizaCion and of:�what: action was taken tiaith respect „to each such individual. If such individuai.was sent to the uaion � hiring hall for referra]..and was not-_referred hack to the Contractor by the.union ar, if referredr not-eaiployed.by the Contractor� thi9 shall be documented in the file- with_ the= reason_ thezefore;� aloag with whatever-additionaJ, actions the contractor may have takeri. (4) Provide immediate �aritten notification to the�City when the union or uni.ons ti+ith which the Contractar has- a collective bargaining agreement have not referred to the�ConCzactor�•a.minority person or aoman sent by the Coatractor, or_ when the Contractor�has other information that- the union referral pzocess has impeded the Contractor's efforts to meet its obligations. {Si Develop on-the-job training opportunities and/or participate in training programs for �the-areas-Which:.expressly include minarities and women, including upgrading: programs and. apprenticeships and trainee programs -relevaz�t to the. Cantractor's�. employment- need9, especially those programs £unded or- approved by the�Department of" Labor. The Contractor shal]., pzovide •aoCice: of 'these programs to the� sources compiled under subsection (2) a.bove. (6) Disseminate the Contzactor�s�EEO policy by providing notice of-the policy to uni.ons and training- programs- and. requesting: thexr_. cooperation in assisting�the Contr�ctor-in meetingrits EEO obliga- tions; by inciuding it�in any policy manual.and'collective bargain- ing agreement; by publicizing iC in the company newspaper ar annual report; by specific review� of the policy with all management- personnel and aith all minority and female�employees at least once a year; and by posting the company EE� policy on bulletia boards accessible to all er�loyees at each_location where_construction Work is perfo�ed. }�-u � -4 - � l� l�J � � � � `�I � LJ lJ � la_ .' (7) Review, at least annually, Che-company's-E£O'policy and affirmative action obligations Vnder these specificaCions aith'all employees_ having any responsibility for.hiring; assignment�, lay-off; tezmina- tion ar other employment� decision,. including specific. review-of these items with oa-site supervisory personnel, such as auperinten- dents and general.faremea; prior:ta-the�initiation of�:construction- work at ariy job site. A�.rritten record shall.be made and maintained_ identifying the name and place af.these meetings, persons attending, subject matter discussed.and disposition of=the�subject_matter. (e) Dis•seminate the Contractor's_ EEO policy_ externally by including highlights of it in any advertisi.ng�in�the°news media, specifically including minority and female�news inedia,_ and providing �rritten notification to, and discussing the Contractor's-EEO poiicy With, other.contractors and_subcontractors with whom the�Contractor doea or anticipates doing busineas: {9) Direct its recruitment� efforts; both�-oral and r+xiCten, to mindrity, female and co�mznity organizations,- to .achoola with � minority � and _ female atudents, and to minority and female-recruitment and training organizations sezving. the_ Contractor's- recruitmeat azea and- employment needs. Not later than one•month pribr to the•date for the acceptance of applications_for:apprenti.ceship or other_training by any recruitment source•, the- Contractor ahall. send xritten notification to organizations• such as the:a.bove, describing the openings, screening procedu.zes ari�._tests :to-be used in the selection process. � . (10) Encourage present minority and_female-employees: to recruit other minority persons and women• and,.. whereYreasonable; provide after- achoo2, summer and vacatioa eaiployment Eo, minority and female youths, both on the site-and_in other~area of the Contractor's work force. {11! Validate all tests and�other selection requirecnents where_there is an obligation to do- so under: 41_CFR, Part: 60-3. . (12) Conduct, at least annually, aa:� inventar}► -and . evaluatson� of �al� D minority and female personnel for- pzomotional_ opportunities and encourage these employees to seek_ or- to_ prepare for. through appropriate training, such opportunities. LiJ L�J (13l Ensure that seniority p�actices, job_classifications, work assig�- ments' and other persorinel practices._ do not_ have a discrimiaatory effect by conti.nually�monitoring; all_ persannel and employment-� related activiti.es' to ensurer that' the -EEO. policy- and the Contrac- tor's obligations under these specifications are being carriect out�. � (14) Ensure that all_facilitie� and coc�any activities are non-segregated except as separa�e or single-user- toilet_ and necessary changing fac�lities shall be provided.to assure privacy betWeen the.sexes: I,� LJ � (15) Document and maintain a record.of all.solicitations for subcontracts from minority and femal.e constz�etioa- contractors and suQpliers. i�'l�l� -5- L�J l� � � � �� '� � l�J l�l �I � �J � ; : •►� . : a In any contract for constructi,on in excess.. of_ S2`.000: Contractor- agrees to. � comply, and shall require its�subcontractora-.to comgly, with the provisioas of_ the Davis-Bacoa Act (t0 U.S.C. 276a to a?).. Ttiis.Act�requires contractors�to pay wages to laborers and mechanics at a. rate- not lesa than the miniIInsm wages � specified in a wage determination made by the Secretary of�La.bor=and to..pay vages noC less often than once a week. Specifically,.Contractor•agrees to canply vith the following Department of Labor regulaCions. (29 CFR• Part 5) : - � a. L�J L�J L� L�J including circulation of solicitations- to minority and f�ma�e contractor associations and other business associations. (16) Conduct a reviea, at least annualiy;.of"all supervisors: adherence= to and performance under the Contractor's�EEO golicy and-affinaative act�.on�obligations. ' d. The Contractor shall designate. a.; responsible; official to monitor. all_ employment-related.activities to.ensure�rthat�the--cornpany EEO policy is being carried out, to submit reports relating:ta-the-provisions hezeof as ' may be required by the City and to•=keep: zecoxds- of�_the�_same. Records for each employee- shall_ at least-.: inciude: the-employee�s_a-name; address; telephone number; construction trade; union�-affiliation, if any; ecrsployee identification number ahere assigned; social security-number; race; sex; �status; date8 oE changes in status; iwur�s:�+orked.per-week ia the-indicaCed. trade; ratc of pay; and locatioas aC vhich the tirork was performed. Records shall be maintained� in an: easil.y. �uriderstandable-and �zetrievable fozm; however, to the degree•Chat�existing recozds.satisfy this_require- ment, Contractor shall not be r�equired to:maintain.separate-xecords.� w� • : .�� : .� :�: � : : w Ia any contract involving construction:oz repair; Contractor agrees to coa�ply, and shall require its- subcontractors:to.comply, with�the_pzovisions of�the Copeland "Anti-Kickback Act" (18 II.S.C. 874), as supplemented_in.Department o£. Labor regulations (29 CFR Part 3)..� This:Act'providea-that each.Contractor or subgrantee shall be prohibited from•inducing; by-any means, any person employed i.n the construction, compl.etion or regair of public work -to~give- up a.ay pazt of the compensation to which he or she is•othenrise=entitled; and. if found guilty of doing so, shall be fined not more than-$S;OOO.nr�i�risoned not more thaa five (5) years, or both. Mini.mum Wages A11 la.borers and� mechanics - e�loyed or .working ,upon= the -site °of _ the -work perfor�ed, pursuant- to this contraat, will_ be: paid unconditionally and nat less often than once- a week,.and without subsequent deductioa or rebate•on any account (excegt such payroll deductions as are permitted by regula- tions isaued by the Secretary of Laboz'yunder the Copeland Act), the full_ amount of wages and bonafide fringe benefits (or cash equivalenes thereof) due at the- time- of payment, computed.' at' rat�es not less than' those contained in the wage determination of.said_Secretary of�i�bor (which is. attached_ hereto and made� a. part hereof? , zegardless of:. any contracLual relationship Which may be alleged to.exist'.between.the Contractor�and such �-�� -6- � O. � � O a • � � b. � 0 . � � O � D � � � D laborere aad mechanics. Contributioas made or-coata-rcasonably anticipat- ed for bonafide,fringe benefits under Sectien 1{b?(2) of.the Davis-Bacon Act on behalf . of� laborers or� meci�anics. are Yconsidcred wages paid to such laborers or mechanics, subject- to� the�provisions:of�'Paragraph d of: this clause; also, regular contributions made or.costs incurred for more than a weekly peziod under plans, fcuzds�..or-program which occur the-.particular. s.reekly peziod, are deemed to be: constructively made_ or incurred during � such weekly period. Such la.barers and_ mechanica shall be paid- the appropriate: wage.rate and fring�•benef.its_oa=the.-aage-��determinatian. for- the classifications of xork actuall.y-performed'without-regard to skill, except as provided in the cl.ause entitZed,'•Apprentices-and Trainees."' I�aborers or mechanics perfozming +�+ork in more: than one classification may be compensated at the rate specified forMeacii��classification for_the-time� actually �+orked thereia; provided, that Che� ea►ployer's_ payroll records . accurately se� forth the- time: spent--.in •each clasaification i.n- vhich �►�ork . is perfozzned. The wage detezmination (including'aay-additional=classif3- cations and aage rates conformed uader-Paragraph�,b.+of this clausel and the- Davis-Bacon poster shall,be posted at all times by the�Contractor and its' subcontractors at the-site of the work isr a.pzaninent-and accessible¢piace. where they can easily b� seen by the �orkers.; , EmploymeaC' of Laborers or Mechanics- not:. listed iri - Aforesaid ' Rage D,etermination Decision (1) The City shall require that any class of laborers oz mechanics which is not lisCed in -the rrage� determina.ti:ott and;.which is to be employed under this Contract sha11� be��classified in-�conformance with the s+age detezznination. The City shall apgrove=an additianal classification and r.+age rate and fringe• benefits therefor-only when. the following criteria have-been met: ta) (b) The work to be performed by the•classification requested-is� not perfonned by-a classification�in�the aage determination; The classifica[ion is.�utilized in-the_area by the�construction industzy; and , (c) The proposed wage rate, inciuding any bonafide fringe beae- fits, beara- a zeasonable• relationship, Co the�wage rates_ contained in the wage determination. (2) If the Contractor and the labozers-and mechanics-to be employed in the classificatioa or their representatives and-the City agree on �he classification and wage:rate; including,Che amouat designated for fringe-benefits, Where�appropriate;-a report'of the action taken shall be sent by the•�City to-the �Administrator �of- thc •Wage and Hour Division, �.lnployment Standards Administration, Dnited SCates Department of i.aiwr. The Admi.nistrator„ or aa authorized represen- tative, will approve, modify or disapprove every additiona�. classification action Within 30"days ar receigt� and so a�vise the City or wi,ll notify the City W�.thin the 30-day period that dc�itian- al t�ime is necessary. �-U � -�- � � 1�!' � tJ (3) In the event the Contractor, the Iaborers or mechanics to be ecnploycd in the claasification, and the� City do not' agree. on• the�- . Qrapased� classification and �rage- rate; including the= amount• designated for fringe benefita; vhere-apprapriate; the City shall_ refer the questions, including_,the_ revieas- of_ all interested_ parties - and the- recommendaCions of_' the-: City; to the- Administrator: for:- determination. The Administrator-af the �age and Xour Divisions, or an authorized representative, will issue�a determination:within 30' days of_'receipt and_wil.l:so.advise the Ci.ty or.aill notify the City within thc 30-day period that additional.time..is-necessary. (4) The-wage-rates determined�pnrsuant_to the.a.bove provisions�shail be- � paid to all r+orkera perform�.ng s�rork-in•the -classificatioa �under. this _ Cotttract from the first. day on whicha Work is performed in the- classification. � � c. �J � lJ Fringe Benefits Not Expressed.as-gourly F1agc�Rateg. Frhenever the minicRum wage rate prescribtd in':this�Contract for a cla8s of labozers or mechanics i.nc7,udes a:fringe benefit�which is not expregsed as an hourly rate, the Cbntractor shall.either:pay�the}benefit a$ stated in the wage determination or shall pay either banafide�fringe benefits or an hourly cash equivalent thereof. d. Antici��ted Costs of Fringe Benefits � � � � e. � � LJ a u 3f the Contractor does not make payments to•a.trustee�or third persoa, he may consider as part of the wages of aay laborer-or mechani.c the amouat of any costs reasonably anticigated in-pzoviding=Eringe=benefits under a plan or program of a type expressly listed in the.�aage:determinatioa decisian of the Secretary of Labor r+hich is a�part�_of:this-Contract, provided, however; the-Secretary of.I.abor has-_found, upon-the-wz'itten request-of'the- Contractor, that the�applicable standards of-the Davis-Bacon Act have been met. The Secretazy of.Labor may requize the.�Contractor to set� aside in a� separate account asseCs for:the meeting of obligat.ions.�.under the pla� or program. A copy of any findings made by the -Secretary of= Labor: with respect to fringe benefits being: provided_ by, the • Contractorr must- be aubmitted to the City with the� first payroll filed by the Contractor subsequent to receipt of the findings. Underpayments of Hages or Salaries The City ahail, upon. i.ts own actfon.. or.. upon-. �+'c'itte.n� zequest of an authorized representative. of the. �D"eQartment: of :I.abor, vithhold or cause to be , withheld f rocn _the Contractor -under.• this Contr.act :or -any other� f ederal . contract.with:the_same prime_Contractor; or�any�othez=federally-assisted contract subject Co Davis-Bacoa prevailing wage requirements which is held by the same pri.me- Contrac�or, so much of the accrued payments or advances as may be considered•_necessary to. pay la.borers and meehanics, including� apprentices, txainees and helpers~ employed by the- Contractor or any subcontractor, the fuil_amount of wages required_�by this�Contract. in the event of Contractor's failure to properly pay any laborer-or mechanic, including any apprentice; train�e. or • helper: eag�loyed or - working on- the site of the work, the City may,.af.ter Written notice: to the� prime �- �1 � - e �I I� l� L� � f. � L' �� IL�J l�l � �' �� I�l � I� L�l Contractor, take auch actioa as may bc aecea8ary to cause a suspension of any further payment, advance or guarancee-of_fund.s until such�.violations have ceased. The :amount`so �rithheld' may be disbursed by the City, for-and on account of the Contractor or t2se subcontractor, to their: respective-�• laborers or mechanics.to wham the�same-ia.due.or on their behalf.to.plans, funds or programs-for-any type:of:fringe benefit prescribed in-applica.ble. aage determination. �. � PayrolTs and Basic Payroll Records_of Contractor-and Subcontractors (1) Payrolls.and basic-recozds:relating Co the wozk performed under_ the tezms of�this Contract_shall,be•maintaz�ned by the Concractor during: the course of the aork and preserved for=a.�period of three years- thereafter for all�laborers and.mechanics-�+orking at-the site of the_ work. 5uch record� shall. coataia the-name,� address and soeial security number of �ach such �r�orker, his or her.correct clasaifica- tion, hovxly rate of xages paid..(including:rates.of contribv.tions or costs anticipated for-bonafideefringe-benefits or cash equivalents. thereof) , daily and weekly ntuaber• of hours_ �rorked, deductions cnade, and actual wages paid. Nherlever-the-Secretary of.I.abor has found that the wagea of any la.borer�. or: mechanic- iaclude the amount� of � costs reasona.bly anticipated in.prova.ding benefits under a plan or pzogram de9cribed by the. Davig-Sacon Act; the- Contractor shall. maintain records which� show that � the- coRus►ittnent- to provide such benefits is enforceable, that _ the plan_ or- program is fisaancially responsible, that the- p�an- o�, program- has = been communicated in writing to the laborers •or mechanics affected, and the cost antiCipated or the actual costs.incurzed in providing auch benefits. Contractors employing� apprentices• ar-• trainees under- approved programs shall maintain �+ritten evidence of the •registration of apprenticeship programs and cerLification of tzainee programs, the regi9tration of-the apprenticeships and trainees, and the rati,os and. wage rates prescribed in the applica.ble�grogram: (2) (a) The Contractor�shall.submit-weekly a,copy of all.payrolls to the City i.f the City is_ a_ party ta the Contract; _ but if _ the City is not such-a• party, the• Contractor vill submit the payrolls to the applicant� sponsor, or owner, as the case may be, for transmission to the-City: The•payroll submitted shall set ouk accurately- and completely all of the information requized to be maintai.ned_under.-Paragraph:(1) of this-Section. �The information shall be submitted in a form approved by the City. The- Contractor: is responsible--for the submission or copies of payrolls by all subcontractors. (bf Each payroll_submitCed.shall..be-acco�anied by a •statement�o£ cocnpliance^, signed by the-�Cbntractor or subcontraceor or. his or her agent Who pays or.supervises the-payment af the persons employed under the C'ontzact and shall certify the following: (i) That the payrol.l for_the;gayroll geriod contains the � infozmation required_to be maintained-under ParagraQh (li of this Section-and that such information is correct and complete; �� -v+ �-9- D �] D � a � � • a O a a a !. a � � � a� � a (ii) That each•laborer or mechanic ec�loyed on thia Contract during the payroll period has been paid the full i+eekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions. (iii) That each laborer or mechanic has b�en paid not less than the applicable Wage rates and fringe benefits or cash equivalent for the classification of work per- formed, as specified in the applicable Wage detexmina- tion incorporated into this Contract. (cI- The falsification af any of the above certificatioas asay subject the Contractor or subcontractor to civil or criuiinal proaecution under Sec. 1001 of Title XVIZI and Sec. 231 oi Title XXXZ of the United Statea Code. (3) The Contractor or subcontractor sha12 make the records required undez Paragraph il) of this section available for inspection, copying, or transcription by the City or the Department of I�bor or their authozized representatives. The Contractor and subcontractors shall permit auch repzesentatives to intezview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the City may, after writtea notice to the Contractor, take such action as may � be ne,cessary to cause the suspension of any further payment, advance or guarantee of fund.s. Fv.rthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12, Employment of Apprentices and Trainees (i) ADS�,Lf-'ntices aill be permitCed to Work at less than the predetermined rate for the uork they pezformed when they are ecssployed pursuant to and individually registered in a bonafide apprenticeship program regiatered r.rith the U.S. Department of Labor, Ecrtployment and Training Administration, Bureau of Apprenticeship and 'fraining, or witt� a state apprenticeshi.p agency recognized by the bureau, or if a person is esnployed in his or her first 90 day8 of probationary employment as an apprentice in auch an apprenticeship program, Who is not individually registered ia the program, but aho has been certified by the Bureau of Apprenticeship and Training or a�tate Apprenticeship Ageancy to be eligible for probationaxy employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire worfc force - urider the zegistered program. Any ecngloyee listed on a payroll at an apprenticeship �rage rate, who ia not registered or othezwise employed as stated above shall be Qaid not less than the applicable wage rate on the wage determination for Che classification�of work actually performed. In additioa, any apprentice perfoxming work oa the job site in excess of the ratio permitted under the registezed � program shall be paid not less than the applicable wage rate on the i� �, rJ_ �. o _ � L lJ � l�l L�'J l�J � lR; C� l� 1�,� L L� a L�J LJ � � vage determination for the work actually performcd. itherc a Contractor is performing construction on a projcct in a locality other than that in which its program is rcgistcred, the ratios and wage rates (e�cpressed in percentages of the journeyman's hourly ratt) specified in the Contractor's or subcontractor's registered Qrogram shall be obsezved. E�rery appreritice must be paid at no less than the rate specified in the registered program for the appren- tice's level of progress, expressed as a percentage of the journey- man hourly rate specified in the applicable Wage detezmination. Apprentices shall be paid fringe benefits in accordance vith the provisions of the apprenticeship program. I� the apprenticeship program does not specify fringe benefits, apprentices must be pa.id the full amount of fringe benefits listed on the wage detezmination for the applicable classification. Zf the Administrator of the Hage and Hour Divisinn determ.ines that a differeat pra.ctice prevail8 for the applicable apprentice classification, fringes shall be paid i.n accordance �+ith that determination. In the event the Bureau of Apprenticeship a.nd Training, or a state apprenticeship ageacy recognized by the Sureau, withdraws approval of an appreriticeship program, the Contractor will no 7.onger be permitted to utilize apprentices at less than the applicat�le predetermined rate for the work performed until a.n acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trai.nees Will not be permitted to work at less than �the predetermined rate for the Work perfozmed unless they are employed pursuant to and individually � registered in a program Which has received prior approval, evidenced by formal certification, by the U.S. Depaxtment of Lai�or, �ployment and Training Administration. The ratio of trai.nees to journeymen on the job site shall not be greater than pezmitted under the plan approved by the Ecnployment and Training Administration. Evezy trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyrnan hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full acnount of fringe benefits liated on the Wage determinatioa unlesa the administrator of the Flage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which.providea for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who i� not registered and participating in a training plan approved by the EmploymenC and Training Adminiscration shall be paid not less than the applica.ble Wage rate on the wage determination for the classifi- cation of work actually performed. Zn addition, any trainee , performing wark on the job site in excess of Che ratio permitted under the registered program shall be paid not less than the agplicable wage rate on the wage determination of the Work actually performed. In the event the F�nployment and Training Administration withdrawa approval of a training pzogram, the Contractor will no longer be permitted to utilize trainees at less than the applicable e-� (/1 i� -11- l �.' L� 1 l!. predetczmined rate for aork perfor:ned until an acceptablc progra�a is approved. (3) H�tial��lovmenr (h�nc�rrnni -x. The utilization of apprenticee, � trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 GFR Part 30. � � � � � � l �J � � l�J L u � � L�J h. Posting Wage Determination Decisions and Ac�thorized Wage Deductions The applicable ti+age poster of the Secretary of Labor, United States �epartment of Labor, and the appiica.ble wage determination decisions of said Secretary of Labor u+ith respect to the variou9 clasaifications of laborers and mecha.nics eatployed and to be ecaployed upon the work covered by this Contract, and a statement shor+ing all deductions, if any, to be made from aages actually earned by persons so es�sployed or to be employed in auch classzficatioas, in accordance with the provisions of this Contract, shall be posted at appropriate coaspicuous points at the site of wark. i. Claims and Disputes Pertaining to Hage Rates Claims and disputes pertaini.ng to wage rates or to the classificatiou of laborers and mechanics e�loyed upon the �+ork covered by this Contract shall be promptly zeported by the Contractor in writing to the City for ,referral by the latter thxough the Secretary �of Housing and IIrban Developmenb to the Seczetary of Lai�or, United States Departmeat of Labor, whose decision shall be final with respect thereto. E��.rr. : a • : . . • r : .i. x��: :`�.�-f�.+q Contractor will cocs�ly with all provisions of the Contract Work Hours and Safety Standazds Act (4o U.S.C. 327-332), as supplemented by Department of Labor Regulations (29 CFR, Qart Sy. Specifically, Cantractor will comply uith the following standards: a. Overtime Compensation No contractor or subcontractor contracting for any part of the Contract work which may require or involve the ecnployment of la.borers or mechanics, including watchmen and guards, shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to wozk in excess of t0 hours in such workweek, unless such laborer or mechanic receives cocs�ensation at a rate not less than one and one-half times his or.hez basic�•rate of pay for all hours vorked in excess of 40 hours in such workweek. b. Violation: Liability for Unpaid Wages: Liquidated Damages In the event of any violation of the clause set forth in Paragraph a of this sectioa, the Contractor and any subcontractor responsible�therefor shall be liable to any affected ec�loyee for his or her unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be cocaputed � V1�- 12 - �.�1 D. O � c. O a � a l� �I CII l�J l�l with respect to each individual laborer�or mechanic.ia�the.aum of.$10 for. each calendar-day on which such�employec�.+as-required.or pezmitted to•work� ia excess of the standard work�+eek- of _ 40. hours- without� payment of_� the overtime wages required by the cl.ause set forth in Paragraph a of " this section. . . Hithholding for Unpaid Nages and Liquidated:Damages.. The City shall, upon its own action. or; upon written request of an authorized representative of the Department•.of_Labor, withhold or cause to- be aithheld from any.monies- payable-on account-of:aork performed by the ConCractor or subcontractor under any contract_ or- any., other Federal contract with the same Contractor, or aay other Federally-assi.sted contract aubject to-the Coatract-Kork Hours�and_Safety Standar.ds Act; which is held by the same prime Contractor; such-auras as may adminiatra- tively be determined to be neceaeary to aatisfy any liabilitiea�of_auch Contractor or sui�contractor for_• unpaid r+ages and liquicLated _damagea as provided in Paragraph b of this-section.�. � d. Subcontracts The Contractor ahall insert_in a7.1 aubcontracts the=clauses set forth in Paragraphs_a, b; and_c_of.this:Section and�also a clau8e requiring the subcontractors to include these clauses in�any loWer_ tier subcontracts which they may enter•into, together_with_a:clause�requizing this inseztion i:n any furthe� aubcontracts that: may ia turn_ be made. The prime Coritractor shall be responsible for complia.ace. by any subcontractor or. ].ower tier subcontractor with the-provisions•�aet� forth in thi.s section. «. • ;:�• :�r Contractor-will co�ply�with the Child'Labor� provisions- of the Fair- Labor Standards Act, 29 U.S.C. 212-319 and that_Act's_iag�lementing regulations, fous�d at•29 CFR 570. This Act� prohibits.the-paid or-unpaid employment of individuals under the age of 18 years on any.constxvction project: O a. � C' LJ l�J � r M :�1 • ':• �. Complaints, Proceedings, or Testimony by �nployees No laborer qr mechanic to whom the srage, salary, or_� other - la.bor- standards pzovisions of this Contract are. applicable sis.all be- diacharged or ~in any other manner discriminated against-by the.-Contractor or any subcontractor because such employee has•filed any complaint or�instituted oz:caused t0 be instituted�any proceeding,or:has testified.or is about to testify in_ .any proceeding under or-relating to-the�-labar•standards applicable�under this Contract to hi.s employer. b. Questions Concerning Certain Federal Statute9.•and Regulations All que9tions arising under this•Cbntract,which reiate to the application or•interpretation of•(a) the afore9aid Anti-Rickback Act; (b) the Contract Work Hours and Safety Standards Act; (c) the-aforesaid Davis-Bacon Act, (d) the regulations isaued by the Secretary of. L'abor, United States l��tl� -ia- C�� U C � � c. C�� l�J Department of Labor, pursuant to said Acts, or (e) the Iabor standards• provisions of any other pertineat Federal statuc, shall be referred, through the City and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary�s appropriate ruling or interpretation vhich shall be authorita- tive and may be relied upon for the purposes of this Contract. Provisions to be Included in Subcontracta The Contractor or subcontractor shall insert in any Subcontract the above- specified clauses entitled "3 . COPEL.AI�m Arr_r2-KZCI�ACK ACT, N•4. DAVIS- �i�N �1�� S. '�Q�IRACT WORK finiTRS ANn SAF_F`TY STANT1ARnS AC"f• ••6� +�I� �BQR ACT,, ""7. MZSCF. ,.nrrFp TS�ROV�,�IONS• and such other clausea as the City may by appropriate instructions requirc, and also a clause requiring the subcontractors to include these clauaes i.n any Iower tier aubcon- tracts. The p�ime Contractor shall be responaible for compliance by any subcontractor or lower tier subcontractor vith all the contract clauses cited above. d. Breach of Foregoing Federal Labor Standarda Provisions DZn addition to the causes for termination of this Contract, as herein elsewhere set forth, the City reaerves the right to terminate this Contract if the Contractor or any subcontractor vhose subcontract covers a any of the work covered by this Contract shall breach any of the foregoing Federal Labor Standards provisions. A breach of these Federal I,abor � Standards provisions my also be grounds for debazment, as provided by the � applicable regulations issued by the Secretary of Labor, IInited States Department of Labor. � c. l�J � u �ployment Practices The Contractor shall (1?, to the greatest extent practicable, follow hiring and e�ployment practices for work on the project which will provide new job opportunities for the unecnployed and underec�loyed, and (2) insert or cause to be inserted this pzovi�ion in each construction subcontract. f. Contract Tezmination; Debazznent A breach of any•of the Acts or regulations specified in Paragraph c, above, may be grounds for tezmination of this Contract and for deharment as a Contractor and a subcontractor, as provided in 29 CFR 5.12. g• � � LJ l�l Disputes Concerning Labor Standard9 e Disputes arising out of the Lai�or Standards provisions of this Contract shall not be subject to the General Disputes Clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR. Parts 5, 6 and 7. Disputes, �.rithin the meaning of this Clause, include disputes between the Contractor or any of its subcontractors; and the City, the U.S. Department of Labor. their employees or representatives. h. Certification of Eligibility �-�- (/� � -14 - � � �1 � l� � l �J l�l � � LJ � L l�� l�J � l �J l�J L�J (1) Sy entering into this Contract, Chc Coatractor certifiea that neither it nor any peraon or fizm Who haa ari interest in thc Contractor's firm ia a person or firm ineligible to be axarded government centracts by virtue of Sections 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a) (1) . . (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a goverrunent contract•by virtue of the above-mentioned sections. : . : . .0 . . � : �r a. Contractor shall coctsp].y with all requirements of Section 114 of the Clean Air Act, as amended (42 II.S.C. 1857, et seq.) . a,ad Section 308 of the Federal Kater Pollutioa Control Act (33 (J.S.C. 1251, et aeq.) relating to inspection, monitoring, entry, reports and iuformation, as.well aa other requirements apecified in�Section 114 and Section 308 of the Air Act and the Hater Act, reepectively, and all regulations and guidelines issued thereunder before the award of thia Contract. . b. No portion of the wozk required by thia Contract wi.21 be performed in a facility li.sted on the EPA List of Violating Pacilities on the date when this Contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such�listing. c. Contractor shall use ita best efforts to comply aith clean air standards and clean Nater atandards at all facilities in Which the Contract is being performed. d. Contractor shall inaert the substance of the provisions of this clause into any non-exe�pt aubcontract, including this Paragraph. � .• � .r .. .:• In all contracts for conatruction.or rehabilitation of residential structures, the Contractor and all subcontractors shall comply with the Lead-Based Paint regulatioas found in 2� CFR 35 and shall comply with the provisions for the _ elimination of lead-based.paint hazards under Sub-Part B thereof. • :� �� r • ��IIII::wN: :� � '�: Contractor will cocs�ly aith the requirements of the City of Fort Worth's Fiscal Department, Intergovernmental Affairs and Grants Management regarding Che compiling and reporting of etatistical' information required by the Federal regulations outlined above.�"'Specifically, Contractor agrees to submit all completed reports according to the instructions and requirements of the Fort worth Fiscal Servciea Department/Zntergovernmental Affairs and Grants Management, and Contractor understands the failure to do so may be cause for termination of this contract. . �-�- v�� - �s - � U � O � � � L! a 0 Q D � D � 0 a a D lZ. �TZpICA7"20N A� A�KrIONLF,Dc�iP-t7'i" - I certify tha�t I ha►ve read and understaad. the iafozmation regardiag- aiy obligations a.s a Coatractor ou �- project- fuxided by ttie IInitcd States Department of Housing and Urbaa Development, �+hich is coatained ia•thc�preccding Coatract- provisioas. I under�tand that; should-" I: havc�any qucstions regardiag my- obligations; Z,will as sooa aa possible-contact:.Che:Fort-Narth•Fiscal Services Department/Intergovernmental Affairs.and Grants�Management sCaff inember•vho is assigned ta monitor Chis Concract: • .:.�»>.� � �J. L..��'�A� - CflNSTR�CisO� , � � �� Coatractar- By: ��'��►� � �-- --�,_.�'`-._.. � � . T�c1.� �—}-U t� —�6- L�,� 1 C' C' C�� L�l l�J � L' � � L�J � �1 U.S. OEPARTMENT OF NOUSING"AND�URBAN•QEVEf.OPMENT CERTIFICATION OF BIDOER��REGARDING EQUAL_EMP�OYMENT OPPORiUNITY INSTRUCTIONS" This certification is required. pu�suant-..to Eicecutive� Order�.11246 (30 CfR' 12319-25), The implementing rules• and regulations_ provide that: any bidder•or, prospective cont�acto�, o� any of their proposed subcontractors. shail state:as an initiai part of the bid or� negotiations:of�'the=Contract-.whether they have participated_in any previous contcact` or.-subcontract�.subject. to the=Equa1 Opportunity Clause; and. if so. whe�her they„ have:filed. all compliance reports due under applicable�..i�structions•.� Khere the certiiication indicates that' the:hidder� has not. filed_ a�cocnpliance_ report due under applicable_ instructions..such•.bidder shall be� required to sutimit a:.compliance� report_within--seven_�calendar••days after-bid_opening. No cont�act�shall be awarded unless such report wis.submitted. ' J L �TIE��ON 8Y BIDDER F�l Bidder's_Name: _,�p� I N � �NGINEERiNG, INC Address and Zip Code: �.�A ��e��-�� , 1: Bidder has participated�in.�a:previous contract:.o� subcontract: subject.to the Equal Opportunity Clause. � , Yes [''� Ho ❑ �If answer is.yes, identify-the most recent contract.) 2. 3. 4. Compliance reports were� required.�to be • fi.le.d in connection- with such contract o� �subcontract. Yes �] No ❑ Bidder has�filed all compliance�reports�due under applicable instructions. including SF-100. , Yes [� No � � � • If answer to item 3 is "No," please explain-in detail on reverse4 side-of this certificat�on._ Certification —� The information abo e� is true and. complete to the best • of � my �knowl edge and bel i ef ._� �� J �h . U✓��l�/� E N� me and Title:of Signer-(Please 7ype) �� i d �oB� Signatu�e Date� . ��p � � - �J � l� LJ �� .J '� ,�i� '� !��i �� ' �i, �I I��l'� C� I�, �I � lf.S. OEPARTMENT OF HOUSING ANO.�l1RBAN OEVELOPMENT CERTIFICATION REGARDING-LOBBYING 7he unde�signed certifies, to.the.best�of his:or-her•knowiedge_and belief, that: (1) (2� No Federal approp�iated funds have�bee��paid or-will be paid. by or wiil be pAid, by or on behalf of the:undersigned;,to any person�for influencing or� attempting. to influence� an� afficer.� or�employee�of� any agency, a:: Member.af Cong�ess, a� officer or empioyee.of'Congress,,or an empioyee-of a Hember of Corigress in connection with the:.awarding. of•any- Federal contract� the making af any federal grant,..•the making • af ' a�y. Federal loan, the • entering . into...of a�y cooperative� agreement;.•aad_theaextension, continuation, renewal, ame�dment� o� modification of any Federal contract, qraat. loa� or caoperative agreement. - . � -- If any funds othe� than Federal appropriated funds� t�ave-been�paid or will be paid to any per.son for influencing.or_�•attempting-to--�nfluence-an-officer ar employee of any agency, a.�Hember� of Coagress, an officer or�employee of Cong�ess, or an employee- of awMember., •of_ Congress in--connectian- irith this Federal cont�act. grant. loan, a��cooperative�.ag�eement,. the•u�dersigned shali c lete: and submit: Standard: FornrLLL, "Oisclosu�e Fot�m to Report Lohbying,�`in accordance with its inst�uctions. . (3) The• undersigned=shal7 require that�tt�e_ language of this certificatio� be included ia the award documents fo� all subawards_at all tiers (including subcontracts. subg�ants, and contracts�under grants. loans� and cooperative � agreements) and that�all� sub�ec-ip.ients,shall certify and disclose- accardingly. � �. � �---`-' � � - Signature __-��,�i�� Title I �3-�OOd � Date �jJ -� 18�.- � �+ � � � � � � a � D � � � 0 � D 0 � � a 9 U.S. DEPARTMENT OF NOUSING ANO�URBAN DEVELOPMEN7 CERTIFICAiE OF OWNER'S"ATT'ORNEY I� the_undersigned, acting legal representative of as foilows: , th� _ duly: aut�hor.i zed and , , do hereby certify : •i harie examined the attached Cont�act(s) and_surety bonds and the manne� of execution thereof, and I am of the option that.each.of the aPoresaid agreements has been duly executed. by the proper• parties�..thereto. acting_through their duly authorized �epresentatives; that: said_.representatives have full� power and authority to-execute�said agreements-.on behalf of� the respective parties named thereon; and that the foregoing agreements- constitute-valid_and 1ega1]y binding obiigations upon the parties executing. the-same.in accordance� with terms, conditions and provisions thereof. . Date: �rU�-�9- y � l� lJ L L' `'�J � 1�' � I� u � L!' 0 L�7 l■1 G �►M s�y.l� �:u: • C�.,.,.� � ,�� - � Signature , �� `-� i ;� � � � l■J � L.� / A > — %O i-,�-aD�� Date PROJECT: A J ��. � � �� . . J. L ��Ri'RAfv9 � � . . l. Contractor:_ CONSTRlJ�I40N � El�GIN F��,, �R�[: � . 2. Address: � iP1f17 NA�Z�aB�(�8�9 Av� ' ARLI��iC�i�, � �1�5 76,Oi 1 3. City: . 4. Telephone:��'17� ,2�/ �.y �J/ Fax: ��7�a(a/ �30 �/�% . 5. Federal I.D. #:� %3'/D �/S/�/ , _ b. Officers of t1ie.Corparation: President: , j��s '�• i�Ur��/',Q EY shnit Ownenhip: � � �u �ri�, Vice President: ., �� =� � ��A� � - B��k Amcrican 3 -Native American iC./A/l�f� �� /�/-/A it/ ( 4- ii'ispanic Mnerican Secretary: S • �ian/Pacific American 6 - Hasidic 3ew Treasurer: �/�T2 / �l ta --�� i�/1 �r9m � 7. If sole owner or partnership, list owner (s): I certify at the time of exeeution, hereof, neither my company nor °my corporate -officers (if incorporated) are•listed i.n.the-list of D"ebazred, Suspended., and Ineligtble Contractors maintained by the Department of Housing and Urban Development (�-ND). � � � 1 1 I � 1 � � i � � � a a � � 0 � � � � ., t �_ �/. � � '�� ',�► ,� i _ ' � • • " • � ' - � � • 1 f . • PROJECT: �i�ti�L�� .�C�o��l.u��.-L0� � C��,� � �� k�C . � (� � 1. Subcontractor: �Q,� % ,/�yr Ci 2. Contract Amount: �/oZ 4�0, OD 3. Address: ��%. �t� 7�/� 4. City: � ��'L�C�2�'� � 5. Telephone: Ur(��-00�30 6. Federal I.D. #: �� o� 9� /O, � RaciaU Ethnic Ownership: 1 - White American 2 - Black American 3 - Native American 4 - Hispanic American 5 - Asian/Pacific American 6 - Hasidic Jew � �� 0 I: �-�O� Date � a 0 0 � 0 � a � a 0 a� D � a 0 a a 0 I 0 6 �: • .r : : y � : at � : ,� : � . ..- . .--.. . �. . PROJECT: ,��%e-��,t ��..��✓ /�. ,C� E�� cGCB�tl (a "if�J 1. Subcontractor: ��.�-6��J ,,t�,�n �� . . , ,_ 2. Contract Amount: �� t%(� ,�", S� 3. Address: ��..�p-� A�i,( � � 4. City: �.�c�c.��;rt.d-� 5. Telephone: � %s-dO�v�O . 6. Federal I.D. #: RaciaU Etiuiic Ownership: 1 - White American 2 - Black American 3 - Native American 4 - Hispanic American 5 - Asian/Pacific American 6 - Hasidic Jew �i,� r � � � i� �� Date a � a D � Q � D a 0 � � � � � � � � � a ): •►y Lcb �: 1►1 �:��: •► • .- . . -. . . � . . � �� 60 Date PRO CT: �il��.�i'.�r�.�if,Gp�t.,Ce�✓ G��. � G��(.!/ �� . 1. �E�P�i�£�: �l.r� - %'.-[�j,(� .Qz.�,C�.�t �, ,�c � d � 2. Contract Amount: 7( 7��, l�0 , 3. Address: ,�,3I� /'p/�CJI.!- � 4.. c�cy: ��-+� 5. Telephone: 07 �� 0 0 Z� 6. Federal i.D. #: RaciaVEttuuc Ownership: 1 - White American 2 - Black American 3 - Native .American 4 - Hispanic American S - Asian/Pacific American 6 - Hasidic 3ew 0 � �./' � V � � � � � � �� . � � i � � � � � 1' � � •�� . •�. SECTION 3 ATTACFiMEI�I'TS Please Camplete and Refurn Within Seven ('� Days i�-�,� -Z� �i�a�. - : •� � ;� . �J Q a a Q � a fl O � a O � �; � � � D � 0 , . .. ..� ti �f �rmativP Action Plan / 10 ATTACFIIViENT B � SELF- CERTIFICATYON FORM SOCIALLY OR ECONONIICALLY DISADVANTAGED Business/ Agency Name: . Address: Zip Code I am a member of the following minority group: (Circle One) � Black American Indian! Asiani Spanish - . Alasl�an Native . Pacific Islander �Surnamed I own at least 51 percent of the above business: Date: Signature: Title: SELF-CERTIFICATION FORM N�N-PROFIT ORGA.NIZATION This ,organization is a non-profit organization. Business/ Agency Name: Address: Zip Code Date: . B-1 Signature: Title: �} c� i� 2� Other(Specify) ; � � � � � D � D � O � � a D � � D � � �itv �f F�rt W�rth � •ir ..: � : •� ' !. ATTACHMENT D Statement of Relcasc I will not subcontract any work in connection with this project unle'ss I first receive thc prior written approval o= the Fiscal Ser,vices Department, Intergovemmental A.ffairs and Grants Management Division of the City of For. Worth. Business/ Agency Name: Tyge of Business! Organization: Address: � (City) Signature: Title: (Stat�) D-1 � �� 2� (Zip� r � � � � � � � � � � � � � � � � � i�■� ATTACHMENT E PRELIMINARY STATEMENT . WORK FORCE NEEDS - Conhactor's Name Address : � Date L Employment Cl�ssification OCCUPIED PERMANEN'1' YUSii'iUNS � VACANT POSITIONS''* I S - � CONSTRUCTION: TOTAL NIlNORITY* TOTAL MII�IORITY* " Minority � � Male Female Male Female � Male Female Male Female - Black . J Foremen j � - Spanish-American Journeyman � - American Indian/ Apprentices � � Alaskan Narive � Laborers I � � - Asian/Pacific � � � � Islander � ** Show section 3 goals � J � ' for lower income, area � � � � � � � residents Qnjy.,under the GRAND TOTAL � I I I I � Grand Total lines. SUBMIITED BY Title: Il� Q D D � � � � � 0 � D � � � � � � a s 0 STATEMENT OF"POLICY ON _ • EQUAL EMPLOYNi�"NT OPPORTUNITY . It wilt be the policy af this firm to not discriminate against any aQplicant for employment, or any employee, because of race, creed, color, age, sex, or natural origin._ This fum will insure that this policy is continually cnforced with regard to employmeat, promotion, upgrading� demotioa., transfer, recrui�ient, and recruitment advertising, lay off aud termination; compensatioq training, and working conditions. �ile will make it understood by all with whom we deal, and in all�our employment opportunity announcements that the foregoing is our policy. All apglicants and employees wiII be judged solely on the basis of their s&ill, devotion loyalty, reliability and integrity. � � br Company Name Signature - � ,-�- � � 2 � l�7 O � � � � '�J LiJ � � L�J �l u � . . : .u: : •► :► �1. �... �3E�'��'�� CONSTRUCTION 8� ENGINEERiNG, INC In compliance Executive Order 11246, and Section #3 of the Housing and Urban Development Act regaxding Equal Employment Opportunity hereby gives notice xhat no person in the.United States shall on the grounds of race, color, religion, sex, or natio�a�oz��b�e��ed �mp�oyment and fiuther assurance is also given that �Q��T�� (;O�FF�}�(;` �� will immediately take any measures necessary to effectuate this policy will be placed in plain . sight on the job location for the benefit of interestedtparties and all subcontractors are so notified. All Equal Opportunity posters will be posted as required. • has been appointed as the Equal Employment Opportunity Officer to coo�dinate �company efforts, to advise and assist key personnel and staff, officiaily serve as focal point for complaints, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring and lower-income residents; minorities and women. • • ' 1► : . u :_ . : In accordance with pazagraph 135.20 of Section 3, Attachment #1 reflects anticipated subcontractors needs {by craft) and ap�r�X��'��amounts in each category for the duration of this project. ��,I�T�,� , will use the� HUD business registry, as far as possible in the project area and inform subcontractors of the need to be in the HiJD registry. Specific efforts will beamade to contact and use �minority-owned business to the maxunum extent feasible: Section #3 requires that each applicant, re.cipient, contractor, or subcontractor undertaking,work on a Section #3 covered project area or business concerns owned in substantial part by persons residing in the Section #3 covered area and such language will be in each subcontract bid and/or proposal for work on this project: We will require-Section�#3 and_Executive�Order- 111246 compliance by covered subcontractors�and Section #3-prograins for�. all subcontractors of $10,000 or more. UTILIZING LOWER INCOMF F IDENTS MINO�iTIES AND WOM�N � � J. �. BERTRAM To the maximum extent feasible CONSTRUCTIOiV & ENGINEEi��6��, li�� and any subcontractors will use lower-income residents as trainees; apprentices, and D workers (if quatified) to complete the work on this projecr Special outreach efforts will . be made to various public and private recruitment sources as foilows: �J TEXAS EMPLOYMENT COMMISSION: Special em�l�as��°��e made to recruit rttinorities and women: � cnru�TRiir,T��n� ��NG�NE��3��. �NC andall its subcontractors will determine by craft and/or position the approximate manpower needs to complete the ;�� c�—U � � i i� J � � L� � t■J project. The manpower needs will be made known�to the recruitment resources named above. Atta�h�me��#�� shall be complete,ii by (�Pd 4� �Pt an'�cf��subcontractor to assure•that reasonable goals and ' target dates aze a formal part of any contract or subcontract. Attachment #2 indicates current work force and shows project work'force needs�and.goals for lower-income residents, minorities and women. Attachment #1 is for use in establisliing goals as far as subcontracting, is concerned. � •PROMOTION, DEMOTION, PAY RATES, LAYOFFS,:ETC. All personnel actions of the company will be made on a nondiscriminatory basis without � regard to race, color, religion, sex, or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. lJ l!! l�!; r,�, l!�J � ,'il L�J I�l � L=J C REPORTS AND RECORDS The company will submit all reports required in�a_timely fashion. The company shall also assure that all subcontractors shall submit required reports as needed in the same timely fashion. ' � � J. l... ��RT'R��A �. CONSTRUCTION � �NG�NE�RiNG, 1{VC Company Name By:- . � 'i'itle:�� .�,�v�' 0 Qz � � i-��1 t� 3 Z � � IJ L�� C�J L�J � � � l�J L'�J �� u ' • tul ► The azea or recruitment of the company is Tarrant County; T-exas: The company has sufficient personnel at the present time to pecform the work, however, recruitment will not be necessary except for replacement and ttais-has.genera.11y been the situation for the • past several years. In the event replacement employees or temporary additional help is needed, the company prefers to obtain these through referral of existing employees. A very lazge percentage of the employees of this company have been obtained in-this manner. In the few instances where this has been the case, newspaper advertising, Texas Employment Commission and other agencies have been used. Regardless of the methods used by the company to obtain personnel when needed, the fact that the company is an Equal Opportunity With respect to training, the�company feels that talented individuals, regazdless to race, Employer is clearly and strictly stated. color, sex, religion, ar creed should be given the right to°advance and therefore - encourages and assists in their developmen� Several employees have completed on the job training and have advanced from unskilled laborers to concrete finishers, form setters, curb mackune operators, backhoe operators, motoz grader operators, and loader operators. Most of these employees are of the minority races. Tlie Company feels that on the job training has been a very prod�ctive program and shall continue this program in the future. Two of our five foremen are of the minority group. One of�these men started out as an unskilled laborer; � 3 �+u�n �� C�� 0 0 0 L�l � l■J � � C�J � LJ LiJ � l�J LJ � I� � ��J � • : ►. � • �►.i .r • � ��; r�.i r �• It is the policy of `�' L' ��R�� to afford opportunity for employment to a in ivi r F�s��o race, color, religion, sex, or- national origin. The Company is basically commi�tted to this policy by our status as a. Federal Government Contractor. Therefore,-the company will take affirmative action to insure that it will... 1. Recruit, hire, transfer, train, and promote all job classifications without regard #o race, coior, religion, sex, or national origin. 2. Base decisions on employment so as to fiu-ther the principle of equal employment opporh.uiity. . . 3. Insure that promotion decisions aze in accord with the principle of equal � employment opportunity by imposing only valid requirements for promotional opportunity. 4. Insure that all personnel actions, such-as compensatian, benefits, transfers, � layoffs, company-sponsored training, education, tuition assistance, social and recreation programs and retirement will be admuustered without regard to race, color, creed, religion, or national origin.. Specifically, the company shall adopt the following policy guidelines to insure elimination of sex discrimination: � � 1. No positions in the company are designed as being�restr�cted to one sex or the other. The company places no limitations on whether a male or female occupies a position. 2. There is no distinction made between married and unmarried members of one sex or the other. 3. 4. � There is no exclusionary practice or policy regarding women with young.children. The policy regarding sick leave-appiies to females (even though they may absent for childbearing) is the same as that� for males: There is no distinction made between male.and_female employees regazding age, as long as they aze at least 18 years of age. Ensure ihat all facilities and company activities aze non-segregate except as sepazate or single-user toilet and.necessary. changing.facilities shall be provided to assure privacy between the sexes. In addition, the company recognizes and accepts the responsibility to increase, by taking affirmative action, employment opportunities for the handicapped. These actions shall consist of the actions previously described.for insuring.equal employment opportunity, targeted toward assisting the handicapped employees, and reasonable accommadations of our job requirements to the physical and mental limitations of our employees. f-�i I.i 17 �7 y- C � LJ L'�J l� li' � L�J �I l�J � l�l �' � D ��, �� L1 � The company shall also take aff'umative action to increase employment opportunities for Vietnam-Veterans. These actions shall consist of those actions previously described for insuring equal employment opgortunity targetedxoward assisting handicapp�d.Vietnam- Veterans. . . The successful achievement of a nondiscruninatory employment program requires a• maxirnum of cooperation between management and employees. In fulfiliing its part in this cooperative ei%rt, management is obliged to.lead.the way by establishing and. implementing affi.z�mative procedures and practices which wiil insure our objectives, • mainly, equitable employment opportunity for all. ' The equal employment opporhznity director is designed to direct the establishment of and to monitor, the implementation of personnel proGedures to guide our �rmative action program, and has the responsibility for designing and implementing audit and reporting systems that will keep management informed on a monthly basis of the status of the equal employment opportunity area. We believe this record indicates a successful, non-discriminatory training program. EMPI.OYM�T REGORDS � J. L B�RTR�A6Ui In the employment of additional persorinel, CONSTRUCTION �� ENGINEER�N�,, ING does and will continue to take affirmative action insuring.that such employment_will be- accomplished so that equal employment opportunities are available without regard to race, color, creed or national origin. � Advancement and promotion within the company, deternunation of rates of pay, will be determined according to the working ability of that person, and.not with regazd to race, calor, creed, or national origin. There shall be no segregation of any kind in the company operation. All employees, without discrimination, will be encouraged to improve their skills and abilities and wilt be rewarded with advancement should openings of a higher level occur and they have the qualifications. All personnel involved in�hiring, supervising or discharging employees shall strictly adhere to thes� �ol��A�ll be responsible to the management of t_.L, .� c-� �2 �' � �J � L] � � ��J � � � L�J � � � � L#J � � �� r I�oTIs'E OF NONDISCRT,�A'j�OiV IN EMPI Oy�NT" J. L BERT'�'AfVI � It is the policy of CONSTRUCTiON � E�(QINEER��, 'ti, to take a�rmative action in affording equal employment opportunity to all qualified persons without regard to race, color, sex,� creed, or national origin.. ,This includes, but not li.mited to the following: . Hiring, Placement, Upgrading, Transfer, or Demotion, Recruitment, Advertising or Solicitation for Employment,.Treatment during:employment, Rates of Pay or other forms of Compensation, Selection of Training, including Apprenticeship, and Layoff or Termination. It is further policy of this company to cooperateto the°fullest-extent tivith the applicable regulations of the Civil Rights Act of 1964 and Executive Order No. 11246. This poiicy pertains, so far as the responsibility of this company is concerned, to any arrangement � under which employees, including apprentices, and trainees, are selected or referred to work. By: C___ rr�/'�� '"" � � /� Si a e �� . ' � , v � �I�-1��=Y Name � Tifle: �r2.E5 I h F �t/ l - Date: l -,3-zan. o D6 t�- � n t. Z/_ L!'J l�!J L�7 �� l�' � � � ;� :r•.• .•.--� =�' : � J. L. �EFi?RAM . GONSTRUCTION � ENG{�1EERiNG, INC '��fies that.we do not and will not at any time maintain or provide for our employees any segregated facilities at any of our establishments, and that we do not pernut our employees to peiform their services at _ ,any location�w�,d��'��1, where segregated facilities-aze maintained. P:�INSTRUCTION & E�'GlNEERiNG. INC agrees that a breach of this Certification-isa _ violation of the.Equal.Opportunity Clause in this contract. . As used in this certification, the term "Segregated Facilities" means any waiting rooms, work areas, restrooms and washrooms; storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities . provided for employees which are segregated by explicit directive or are in fact segregated on basis of race, color, religion, sex, or natural.origin; because of habit, local � custom, or any other reason. J. L ��'�TF�A6�! CONSTRUCiION & ENGINEER�NG, IPdG � agrees-that we will obtain � �-�, l�J I�� J u � � � � identical certifications from any proposed subcontractors prior to the awazd of �.ny subcontract exceeding $10,000, which are not exempt from provisions of the Equal Opportunity Clause, and that we will retain such certification in our files. �v�► � Name _ � � � -�-� ' Signature: �12�.5i�F�v1 Tide � -.�rlo d Date � � . F-�'tn n Z'7 L�J I� � l�J ��1 J u L�!J � L!E' l�J � � L�J L'J �' ,�� u L�J � � SECTION 3`CLAUSE' _-__24`C£R, PART"135.20 AND HUD:.GRAAIT AGREEMENT Every applicant, recipient, contracting party, contractor and subcontractor shall incorporate_with a Section� �3 covexed project�, the following clause (reterred to as a Section �3 Clause): A. The work to be perLormed under th�is:contract� i�s on a project. assisLed under a program providing dizect F�deral financial assist-ance from the Departmeht of iiousing and Urban Development. and is subject to the requirements oL Section �3 oi`the Housing�and Urban-Development Act of 1968, as amended 12 U.S.C. 1701u. Section �3 r.equires�that to the greatest extent feasible opportunities tor training and employment be given lower-income-•residents of the projec� area adn contracts for work are l�ocated: in� or owneci :n substantial part by pErsons residing in the area of the project. B. The parties tc this contzact will compi/ with the provisions oi said Section �3 and the regulations"issued pursuant�thereto by the Secretary of Housirig and Urban Development set �orth• in� 24 CFR 135 and_ a-11 applical�le rules and orders ot tt►.� Department.issued thereunder prior to the execution ot this contract. The parties�to this contrac:-certiiy and agree that they are under no contractual or other�dlsability whlch would.p[revent them from complying with these requirements. C. The contractor wtll send to each labor organi�atlon or representative �� workers with which he has a collective bargaininq-agreement or other cor,tract or understanding, if any, a not,ice advising the�said labor organlzation or wo=ker's representative ot his commitments�under this Section #3 clause anct shall post copies,of the notice in consp.locuous places available to employees and applicatioris ior the employment training. D. The contractor will include this Sect�ion-#3'clause in every subcontract for work in connection with the project and wilI, at the direciicn ot the applicant tor or recipient oi Federa] financia2 assistance, take appropriate action pursuant to the subcontract upon a flnding that Lhe subcontractor is in violation of regulations issued by the Secretary of Housing Url�an Development, 29 CFR I35. The contracror will not subconLracL witi� any subcontractor where it has�notice or knowledge�that the latter has been found in vlolatlor► of regulatlons� under 29CFR` 135 and w111 noi let any subcontractor unless the subcontractor has tlrst provided !t w1Lh a preliminary statement ot ability to comp.ly wlth the requirements of thPsP regulations. � E. Compllansce wlth the provisions of Section #3, the-regulations set forth tii 24 CFR 135, and all applicable rules and or�ers of'the Departmen;, issued thereunder prior to the execution of�the-contract shail be a �ondition of the Federal f:nanclal assistance provlded to the- project binding upon the appiicant, or rec!pient,.its contract'ors, and subcontractor�s, L�Cs succesGors and ass�gns to tl�ese actions specitied :�y the• qrant or loan agree:nei�i or contracL Lhrough whlch Federai assistance is provided and to such sanctions as are specified l�y 24 CFR 135. N- t�, D � �l C�J � � � � � l+!J ��+ l�J l� LJ � �� L�J � � U. S. OF�'ARTMENT OF HOUSiNG ANO� URBAN�OEVELOPMENT COMMUt�lITY OEVELOPMENT Bt��CK�GRANT�lNPU7' SUB�ONYRACTOR'S CERTtFICATtON CONCERNtNG iABOR STANDAROS ANO PREVAlL.ING WAGE REQUtREMENTS To Noavv� �w cro The undersi§ned, having executed a coatrad with [� fl�1S9: . Pcoject Numb� (tf anyj Project Natfia � ' (Name oi Contractor or Subcontradotj (Hatur.e of Woticj 1� the amount of S _ i I 1 1 � ln tt�e consVudion ot the above-iden 'Ufied projeci, certifies that (a) The L,abor Standards Provisions ot ihe Contrad for Cbastrudion are a►duded in the alo�esaid contrad (b) Neithe� he rioc any fimt, cocposation, pactnership, or associaGon in whict� he has a substantia! tnterest is designated as an inefgbte cocitracior by the CompGrotier Gerierat of the United States pucsuaat to Sedion 5.6(bj v! the Regulations of the Seaetary ot t..abor. part.5 (29 CFR, Part 5), ur pursuant to Seciion 3{a) oi the Davis- Bacon A�ci. as amended (40 U.S.C. 276a{a)). • (c) P!o pa�t of tfie a(ocementaned oontract has been af ��I be subcontraded to any subcontradoc ii such • subwc�tradoc oc any fim1, oo�pocation; partr�ership or assaciation in which sudi subcontrador has a substantial interest is designated as an ineGgible contrador pucsvarat to.tttie aforesaid regutatory orstatutory p�ovisions. He agrees to obtain and forward ta the contractor. fo� transmittaf to the recipie�t within ten days-afte� the execution o( arty {oave� subcontract, a Suboontrado�s Cestitx;atiott Cor�cerning f.atwr Standards and Ptevailing Wage Requireme�ts. executed by the lower tier subcontrador, in dupficate. (a) The wot4unen wiU �epo�t fa� dury oa or about � (Nature of wa�k) In the amount ot S He cectifies thaC (a) The tegal name and the business address of the undersigned are: � (b) The undersigned is: 1) A Sing4e Proprietorship: , (3) A C�rpoca�on Qn�an¢ed in the Slat� of: TEXAS � 2) A Partnership: � l� (4) Other O�ganiza6on (Oesaibe) �-+ .� n t-{- v � � � � � 0 � 0 D � 0 a � � � � Q � � f ��y 'I�ne name. Wle and address ot the owner. paR�ers or offioers oi tne undecsigaed af�e: cm� 77t10 Add�vss . (d) The names and addresses oi a� othec persons. botf� c�atural and cacporate. having a suhstantiat interest in the undecsigned, and the nature of the interest are ([i none; so state}: ne Addross Naturn of lnteros! 0 0 � N �''� � `�" � 0 � D 0 Q 0 0 0 0 0 0 D 0 � D � � D a (e� �l�m� i ne names. addcesses and trade ctassifK:atiocts ot su oine� bui�`uig ooclstrucGoa coc�tractocs ut wh�Ch the undersig�sed has a substanbial icYtecest are (d nona. so staLe): � m Add�+sss -�,�do�� csignacu�e, + Natra+e aflnte�ast � (T�yped Name arsd Trtie} � � • wARNrN��- � S. Crimnai Code, Sec#ion 1010; Title 18, U.S.C, Provides in part "VVhoevet ... makes, passes. afters. pubtishes any $tateme�t� knowing the same to be fatse ... shafl be fined �ot more, t�an �5.000 0� �risioned not more•than two years, or both "" . � t�U� yz City of Fort Worth, Texas �1►�Ayar And Caunc�l Cammun�cAt�an � _ _. ._ . ._ . . ------ -- .� ._.. 1 of 2 DATE REFERENCE NUMBER LOG NAME PAGE 12/21 /99 **C-17787 30PH EC SUBJECT AWARD OF CONTRACT TO J.L. BERTRAM CONSTRUCTION & ENGINEERING, INC. FOR THE PAVEMENT RECONSTRUCTION OF AVENUE B AND AVENUE D FROM CONNER AVENUE TO NASHVILLE AVENUE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with J.L. Bertram Construction and Engineering, Inc. in the amount of $239,975.86 (Alternative II) for Pavement Reconstruction for Unit I, Avenue B from Connor Avenue to Nashville Avenue and Unit II, Avenue D from Connor Avenue to Nashville Avenue. DISCUSSION: On March 23, 1999 (M&C C-17337), the City Council authorized the City Manager to execute an engineering services agreement with Garcia and Associates Engineering, Inc. to prepare plans and specifications for infrastructure improvements within the Polytechnic Heights Educational Corridor (PHEC). The PHEC is an area bound by East Rosedale Street on the south, Bishop Street on the east, the Union Pacific Railroad on the north and Beach Street on the west. The City will focus initial efforts on the Nashville Triangle Neighborhood bound by East Rosedale on the south, Nashville Avenue on the east, East Vickery on the north and East Beach Street on the west. The street improvements will be funded by the Community Development Block Grant. The street improvements will include the use of Alternative II, Pavement Reconstruction method, which includes the use of 5-inch HMAC with concrete curb and guttering, driveway approaches and sidewalks and leadwalks where shown on the plans. The project is located in COUNCIL DISTRICT 8, Mapsco 78J and 78K. The project was advertised for bid September 23 and 30, 1999. On October 21, 1999, the following bids were received: BIDDER AMOUNT Alternative I Alternative II $248,340.34 $239.975.86 TIME OF COMPLETION J.L. Bertram Constuction & Enaineerinq, Inc. McClendon Construction Co. APAC-Texas, Inc. Branch & Sons Construction, Inc. Jackson Construction, Inc. Allshall Construction Co. 248,573.00 244,577.00 274,716.90 265,688.90 266,133.75 249,672.83 322,255.90 215,427.10 340,070.00 352,235.00 130 Calendar Days J.L. Bertram Construction & Engineering, Inc. is in compliance with the City's M/WBE Ordinance by committing to 10% M/WBE participation and documenting good faith effort. The City's goal on this project is 20%. The vendor identified several subcontracting and supplier opportunities on the above listed project. The M/WBE's contacted in the areas identified either did not respond or did not submit the lowest bid. D �ity of Fo�t Worth, Texas � Aya� And Caunc�l C,amft►�un�ca�t�a�t n� DATE REFERENCE NUMBER LOG faIAME PAGE , 12/21/99 �**C-17787 I 30PHEC I W „2 of 2 SUBJECT AWARD OF CONTRACT TO J.L. BERTRAM CONSTRUCTION & ENGINEERING, INC. � FOR THE PAVEMENT RECONSTRUCTION OF AVENUE B AND AVENUE D FROM � CONNER AVENUE TO..NASHVILLE AyENUE _ FISCAL INFORMATION/CERTIFICATION; The Finance'Director certifies that funds are available in the current operating buiiget, as appropriated, of the Grants Fund. , ti MG:j W. a Submitted for City Manager's � FUND I ACCOUNT �� CENTER � AMOUNT I Oftice by: I (to) . • Mike Groomer 6140 �+� Originating Department Head: I I I �1 A. Douglas Rademaker< 6157 ,(from) 1 , GR76 539120 005206122130 I$239,975.86 I Additional Information �Contact: � I I � 0 CITY SECRETARY A�PPROVED CiTY COUNCI � DEC 21 1999 �� .City 5ecrek{rq of th� CiSy of For! Worz2t,�ToxK , A. Douglas Rademaker 6157