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Home My WebLink AboutContract 29443 R CITY SECRETARY o�QCt� CONTRACT NO. M FORT WORcl 3° s r D.O.E. FILE CONTRACTOR'S BONDING CO. SPECIFICATIONS rAND CONSTRUCTION'S COPY CONTRACT DOCUMENTS CLIENT DEPARTMENT FOR PLAYGROUND RENOVATIONS AT: rROSEN, FAR NORTHSIDE,ARNESON AND CRESTWOOD PARKS PROJECT NAME PROJECT NUMBER D.O.E. NO. ROSEN PARK GR76/541200/080438769010 #4233 FAR NORTHSIDE PARK GR76/541200/080438769020 #4234 ARNESON PARK GR76/541200/080438769030 #4235 CRESTWOOD PARK GR76/541200/080438769040 #4236 IN THE CITY OF FORT WORTH is TEXAS MIKE MONCRIEF GARY W. JACKSON MAYOR CITY MANAGER RANDLE HARWOOD,ACTING DIRECTOR a PARKS AND COMMUNITY SERVICES PARKS AND COMMUNITY SERVICES DEPARTMENT — PLANNING AND RESOURCE MANAGEMENT DIVISION FUNDING OF PROJECT BY: rr CITY OF FORT WORTH COMMUNITY DEVELOPMENT BLOCK GRANT NPS—URBAN PARK AND RECREATION RECOVERY PROG _ ; M&C Request Review Pagel of 2 www. CFW, Net.or �xrwoR I Council Agenda I M&C I Employee Directory I Morning Repo� I Ads I PRS I Solution Zone I Depaf tmon" Site twlap Print M&C COUNCIL ACTION: Approved on 12/9/2003 DATE: 12/9/2003 REFERENCE NO.: **C-19889 LOG NAME: 80UPARROl CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Award of Contract to Eagleton Construction, Inc. for the Replacement of Playgrounds at Rosen, Far Northside, Arneson and Crestwood Parks RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Eagleton Construction, Inc. in the amount of$260,490.66 for the replacement of playgrounds at Rosen, Far Northside, Arneson and Crestwood Parks. DISCUSSION: The City of Fort Worth is a recipient of$1,000,000.00 in Urban Park and Recreation Recovery (UPARR) grant funds from the U.S. Department of Interior- National Park Service for renovation of the playgrounds at 14 park sites (Jefferson Davis, Capps, Greenbriar, Stephens, Linwood, Greenway, Meadowwood, Normandy Place, Village Creek, Fairfax, Rosen, Far Northside, Arneson and Crestwood Parks). The local match of$250,000.00 is provided from the Texas Parks and Wildlife Department and Year 29 Community Development Block Grant funds, for a total of$1,250,000.00. BID ADVERTISEMENT - This project was advertised for bid on September 18 and 25, 2003. On October 16, 2003, the following bids were received: Bidder Base Bid Alternate Bid Total Eagleton Construction, Inc. $249,740.66 $ 10,750.00 $ 260,490.66 Sprinkle 'N Sprout $ 282,755.00 $ 13,542.00 $ 296,297.00 Irricon $ 285,075.00 $ 12,000.00 $ 297,075.00 E.A. Wilson $ 301,330.00 $ 13,000.00 $ 314,330.00 M.A. Vinson Construction Company, Inc. $ 394,321.00 $ 49,700.00 $444,021.00 Base bid work consists of existing equipment demolition, site grading and installation of the selected playground prototype to include play equipment, safety surfacing/sub drain, concrete mow strip and concrete walk. Bid Alternate items include: Unit 5 - Rosen Park Item 1 - one 6 foot park bench; and Item 2 -two 8 foot picnic tables on concrete slab. Unit 6- Far Northside Park Item 1 -two 6 foot park benches; and Item 2- one 8 foot picnic table on concrete slab. Unit 7 -Arneson Park http://www.cfwnet.org/council_packet/mc review.asp?ID=1324&councildate=12/9/2003 12/17/2003 M&C Request Review Page 2 of 2 Item 1 - one 6 foot park bench; and Item 2 - one 8 foot picnic table on concrete slab. Unit 8 - Crestwood Park Item 1 -two 6 foot park benches; and Item 2 - one 8 foot picnic table on concrete slab; and Item 3 - one 8 foot picnic table on existing slab. It is recommended that the Base Bid in the amount of$249,740.66, and the Alternate Bid in the amount of $10,750.00, together totalling $260,490.66, as submitted by Eagleton Construction, Inc., be approved for award of contract. Contract time is sixty (60) working days. In addition to the contract cost, associated contingency funding for construction/administration and possible change orders is $13,024.53 (5%) and $13,024.53 (5%), respectively. M/WBE - Eagleton Construction, Inc. is in compliance with the City's M/WBE Ordinance by commiting to 20% M/WBE participation. The City's goal on this project is 14%. Construction is anticipated to commence in January 2004, and be completed in May 2004. There will be no annual budget impact associated with this project. Rosen, Far Northside and Arneson Parks are in COUNCIL DISTRICT 2. Crestwood Park is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 541200 080438769010 $66.298.00 GR76 541200 080438769020 $62,100.00 GR76 541200 080438769030 $66,350.66 GR76 541200 080438769040 $65,742.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: Mike Ficke (5746) ATTACHMENTS http://www.cfwnet.org/council_packet/mc review.asp?ID=1324&councildate=l2/9/2003 12/17/2003 ADDENDUM #1 Playground Renovations at Rosen, Far Northside, Arneson and Crestwood Parks TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. PROJECT MANUAL REFER TO NOTICE TO BIDDERS Replace NOTICE TO BIDDERS of proposal with attached NOTICE TO BIDDERS. The purpose of this revision is to revise the bid opening date. CONSTRUCTION DRAWINGS SHEET 9 OF 12 Replace Equipment Schedule. Refer to attached. END OF ADDENDUM #1 Bid Opening Date: Thursday, October 16, 2003. Acknowledge the receipt of this Addendum on your Proposal. By: Eric Seebock, Project Manager Release Date: September 18, 2003 NOTICE TO BIDDERS Sealed Proposals for the following: PLAYGROUND RENOVATIONS AT: ROSEN PARK GR76/080438769010 #4233 FAR NORTHSIDE PARK GR76/080438769020 #4234 ARNESON PARK GR76/080438769030 #4235 CRESTWOOD PARK GR76/080438769040 #4236 Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Division Office until 1:30 p.m., Thurs., October 16, 2003, and then publicly opened and read aloud at 2:00 p.m. in Council Chambers 2nd floor— N.E. corner of City Hall. Plans, Specifications and Contract Documents for this project may be obtained at the Park Planning section, Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499. Documents will be provided to prospective bidders for a deposit of $50 per set; deposits shall be made in the form of a check or money order. Each prospective bidder shall receive a deposit refund on the first two plan sets if the documents are returned in good condition within 10 days after bids are opened. Any additional plan sets shall require a non-refundable deposit. These documents contain additional information for prospective bidders. All Bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of the prevailing wage rates, and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code, Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the M/WBE Office or from the Office of the City Secretary. The bidder shall submit the MBE / WBE UTILIZATION FORM, SUBCONTRACTOR / SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and / or the JOINT VENTURE FORM ("Documentation) as appropriate and must be received no later than 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit documentation at the reception area of the managing department, Department of Engineering, 2nd floor, City Hall, and shall obtain a receipt. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. The following list is provided to assist bidders in obtaining the services of M/WBE vendors qualified to provide such services/materials for this project. A listing of qualified M/WBE vendors may be obtained at the City of Fort Worth M/WBE office, 3rd floor City Hall. Services/materials for this prosect are as follows: demolition/site prep grading/earthwork subdrain concrete seeding sodding site furnishings earthwork playground equipment steel rebar The City's minimum M/WBE goal on this project is 14 % of the total dollar value of this contract. The City will award one contract with a combination of base bids and/or alternates which is most advantageous to the City. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Project Manager. A pre-bid conference will be held with prospective bidders at the Parks and Community Services Offices Conference Room 1 on October 2, 2003 at 2:00 PM. The City reserves the right to reject any or all bids and waive any or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of 55 calendar days from the day bids are opened. The award of contract, if made, will be within 55 calendar days after the opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom the contract will be awarded. RANDLE HARWOOD, ACTING DIRECTOR GARY W. JACKSON PARKS AND COMMUNITY SERVICES DEPARTMENT CITY MANAGER GLORIA PEARSON CITY SECRETARY By: Eric Seebock, Senior Landscape Architect (817) 871-5742 Advertisements: Thursday September 18, 2003 Thursday September 25, 2003 J J J J J J J w N N N N N N N C C C C C C C O O O O O O O O 00 O 0) LZU 07 O0 ti 2 r (Q (U m Co Cf) a_ oMda. a. as w 06 (D tf) 06 06 06 06 06 06 Cl) N A N N Cl) N N N LU (9 It" 00 r— SD c9 (c0 (9 (U c9 (0 .. .. U aNi x ~ 00 aNi mai (1) aNi aNi O � m "., c � s � s � y cr- 0 ami s 0 0 0 0 0 0 O_ cn n. 0 CL (n (n (n (n cn cn U 0 M CL w Z M O (D �- M 00 00 0p ti (D co 'd- _O O_ r 00 00 U U Z w w Z) CL U w www w w �. 2 2 2 2 0 Lai.. F- O w w w w w w w w O 000 O 00 N cu O C_ CV N C I0 N (n tl � N Q wOQ m c c CES 0CCN 0 CD Q 3 tom ao iD Q � tn.� C ca m V Q Q C (9 (6 cn O QQi < Q [� O COco 0C ? OOoC- cA m (� i(7 i1) ~ CL d 1V/V8/VJ 10;4U rM oil 7I LY Uzi. yr r• nvnau ADDENDUM #2 Playground Renovations at Rosen, Far Northside, Arneson and Crestwood Parks TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby nade a part of the Contract Documents and is issued to modify explain or correct Me original drawings and/or project manual. PROJECT MANUAL CLARIFICATION: There is no water source available on any of the (4) sites for us-2 In grass establishment. Refer to Specification Sections 02930 SEEDING and 02840 TURF SODDING for watering requirements. END OF ADDENDUM #2 Bid Opening Date: Thursday, October 16, 2003. Acknowledge the receipt of this Addendum on your Proposal. By: Eric Seebock, Project Manager Release Date: October 8, 2003 TABLE OF CONTENTS 1. NOTICE TO BIDDERS 2. SPECIAL INSTRUCTIONS TO BIDDERS 3. PROPOSAL 4. CITY OF FORT WORTH MIWBE ENTERPRISE SPECIFICATIONS 5. FEDERAL WAGE RATES-CONTRACTOR'S PACKET 6. WEATHER TABLE 7. VENDOR COMPLIANCE TO STATE LAW 8. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION 9. TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS SECTION 01100-Summary of Work SECTION 01135-Contract Time SECTION 01140-Alternatives SECTION 01150-Payment To Contractor SECTION 01300-Submittals SECTION 01400-Quality Control SECTION 01410-Testing SECTION 01500-Temporary Facilities and Controls SECTION 01640-Substitutions and Product Options SECTION 01700-Project Closeout SECTION 01800-Contractor's Responsibility for Damage Claims DIVISION 2-SITE WORK SECTION 02200-Site Preparation SECTION 02140-Site Underdrains SECTION 02300-Earthwork SECTION 02537-Engineered Wood Fiber Playground Surfacing SECTION 02930-Seeding SECTION 02840-Turf Sodding SECTION 02860-Playground Equipment SECTION 02870-Site Furnishings DIVISION 3-CONCRETE SECTION 03300-Cast-in-Place Concrete DIVISION 7-THERMAL&MOISTURE PROTECTION SECTION 07920-Caulking and Sealants 10. CERTIFICATE OF INSURANCE 11. BIDDER'S STATEMENT OF QUALIFICATIONS 12. PERFORMANCE BOND 13. PAYMENT BOND 14. MAINTENANCE BOND 15. CONTRACT NOTICE TO BIDDERS Sealed Proposals for the following: PLAYGROUND RENOVATIONS AT: ROSEN PARK GR76/080438769010 #4233 FAR NORTHSIDE PARK GR76/080438769020 #4234 ARNESON PARK GR76/080438769030 #4235 CRESTWOOD PARK GR76/080438769040 #4236 Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Division Office until 1:30 p.m., Thurs., October 9, 2003, and then publicly opened and read aloud at 2:00 p.m. in Council Chambers 2nd floor— N.E. corner of City Hall. Plans, Specifications and Contract Documents for this project may be obtained at the Park Planning section, Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499. Documents will be provided to prospective bidders for a deposit of$50 per set; deposits shall be made in the form of a check or money order. Each prospective bidder shall receive a deposit refund on the first two plan sets if the documents are returned in good condition within 10 days after bids are opened. Any additional plan sets shall require a non-refundable deposit. These documents contain additional information for prospective bidders. All Bidders will be required to comply with Provision 5159a of"Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of the prevailing wage rates, and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code, Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the M/WBE Office or from the Office of the City Secretary. The bidder shall submit the MBE / WBE UTILIZATION FORM, SUBCONTRACTOR / SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and / or the JOINT VENTURE FORM ("Documentation) as appropriate and must be received no later than 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit documentation at the reception area of the managing department, Department of Engineering, 2nd floor, City Hall, and shall obtain a receipt. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. The following list is provided to assist bidders in obtaining the services of M/WBE vendors qualified to provide such services/materials for this project. A listing of qualified M/WBE vendors may be obtained at the City of Fort Worth M/WBE office, 3rd floor City , Hall. Services/materials for this proiect are as follows: demolition/site prep grading/earthwork subdrain concrete seeding sodding site furnishings earthwork playground equipment steel rebar The City's minimum M/WBE goal on this project is 14 % of the total dollar value of this contract. The City will award one contract with a combination of base bids and/or alternates which is most advantageous to the City. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Project Manager. A pre-bid conference will be held with prospective bidders at the Parks and Community Services Offices Conference Room 1 on September 25, 2003 at 2:00 PM. The City reserves the right to reject any or all bids and waive any or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of 55 calendar days from the day bids are opened. The award of contract, if made, will be within 55 calendar days after the opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom the contract will be awarded. RANDLE HARWOOD, ACTING DIRECTOR GARY W. JACKSON _ PARKS AND COMMUNITY SERVICES DEPARTMENT CITY MANAGER GLORIA PEARSON CITY SECRETARY By: Eric Seebock, Senior Landscape Architect (817) 871-5742 Advertisements: Thursday September 11, 2003 Thursday September 18, 2003 SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud,the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner,the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as Mroximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided,without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting Parks and Community Services Department telephone number indicated in the Notice to Bidders. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. (See Item G in the Proposal.) 4. AWARD OF CONTRACT: The Contract may not necessarily be awarded to the lowest bidder of the Base Bid. The City Engineer shall evaluate and recommend to the City Council the best bid based on the combined benefits of total bid price and number of SPECIAL INSTRUCTIONS TO BIDDERS - 1 - contract days allotted, as specified in the Proposal, and which is considered to be in the best interest of the City. Regardless of the Alternative chosen,the Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified in the Construction Documents, liquidated damages shall be charged as outlined in General Provisions, Item 8.6 Failure to Complete Work on Time, found in the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less,payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. A Maintenance Bond shall be required for all Parks and Community Services Department projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Division 1, Section 01700-Project Closeout, Item 1.02. In order for a surety to be acceptable to the City, the surety must meet the requirements of V. A. T. S Insurance Code, art. 7.19-1(c). Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain SPECIAL INSTRUCTIONS TO BIDDERS -2- Construction of the City of Fort Worth, Texas, conceiving liquidated damages for late completion of projects. 7 EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400(Fort Worth City Code Section 13-A-21 through 13-A-29)prohibiting discrimination in employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. Disregard if Federal Wage Rates are applicable to this project. If Federal Wage Rates are applicable to a project,the Contractor shall comply with all items identified in the attached Contractor's Packet. For further information regarding this packet, contact the Intergovernmental Affairs/Grants Management Division, Finance Department at(817) 871-8365 or 871-8387 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering Director for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds,proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or$250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on"any auto", defined as autos owned,hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders -Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms SPECIAL INSTRUCTIONS TO BIDDERS -3- or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed i $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS -4- "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. in. five(5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder,now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A Mi WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a"0" or"no participation" in the spaces provided, and provide SPECIAL INSTRUCTIONS TO BIDDERS -5- a brief explanation. • The Contractor shall provide the M/WBE Office proof of pa�nent to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier f d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Chante Form to the M/WBE —' Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s)prior to approval,the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor- City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise(M/WBE) —, on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than a negligent misrepresentation) and/or commission of fraud SPECIAL INSTRUCTIONS TO BIDDERS -6- will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc., shall be preserved or restored, after completion of the work,to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work(trimming,removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-Of-Way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5705. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 14. BIDDER'S STATEMENT OF QUALIFICATIONS A. QUALIFICATION OF BIDDERS: Bidders and all sub-contractors to be used by the bidder in the performance of this project shall be prepared to demonstrate the capability to perform the work. The Bidders' specific experience, stability and history of performance on projects of a similar nature and scope will be considered. The BIDDERS STATEMENT OF QUALIFICATIONS must be delivered to the Project Manager within 48 hours of the request. Additionally, the Bidder shall submit a STATEMENT OF QUALIFICATIONS upon request by the City on sub-contractors selected by the Bidder to perform specific project tasks where qualification requirements for the execution of such tasks are noted in the specifications. Recommendation of award of contract shall be contingent upon the Bidder and/or sub-contractors meeting such qualification requirements. Location and responsive ability of the firm will be considered. If your firm anticipates entering into a joint venture with any other firm to conduct all or part of the performance required under the proposed project, that firm should be specified in your response. For each firm included in the joint venture, please provide the information required above. Under the Contract executed for this work the City will require your firm to be completely 100 percent responsible for fulfilling all aspects of the contract bonds. Other firms and employees that may be involved in their joint venture will be treated by the City under the contract as if they were SPECIAL INSTRUCTIONS TO BIDDERS -7- employees or subcontractors of your firm. Other than those firms noted in the contract as a part of the joint venture, no other firms will be allowed to participate in the joint venture without written consent from the City. B. For projects in which the construction of playground area is the prime scope of work, bidders must be able to demonstrate the following. Failure to adequately demonstrate that the bidder meets these requirements may result in a recommendation that the bid be rejected as non—responsive. 1. The bidder shall submit such documents as are necessary to establish that the bidder has successfully and satisfactorily completed the construction and installation of at least three (3)playground facilities within the immediate past three (3) years for the state of Texas or other municipalities within the Dallas/ Fort Worth metroplex, such work to have included grading, sub surface drainage, playground perimeter concrete edging, equipment and safety surface installation. The documentation shall also demonstrate that the bidder completed the projects within the contract time without the assessment of liquidated damages. 2. If the bidder has not performed work for the state of Texas or municipalities within the Dallas/Fort worth metroplex, the bidder may still be considered if it has completed three (3)park playgrounds within the last three (3) years for private entities which included work as noted in B.1. —4 3. The bidder shall provide information that discloses or demonstrates the following: a. Name and qualifications for the site superintendence of the work. b. Knowledge in appropriate task sequencing. c. Intended staffing requirements to construct the work within the contract time allowed. 4. The documentation required herein shall be submitted within five (5)business MR days following the date of bid opening. 15. OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from May through September, with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods each day. The Texas Natural Resource Conservation Commission(TNRCC) in coordination with the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days, the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of motorized equipment. However, the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. If the Contractor is unable to perform continuous work for a period of at least seven hours ... between the hours of 7:00 a.m. - 6:00 p.m., on a designated Ozone Alert Day, that day SPECIAL.INSTRUCTIONS TO BIDDERS s -8- will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation,providing,hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. a B. The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and SPECIAL INSTRUCTIONS TO BIDDERS -9- (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the T current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. ... I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: .. (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on — the project; and SPECIAL INSTRUCTIONS TO BIDDERS - 10- i (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured,with the commission's Division of Self-Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. a K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This r notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at(512) 440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS - 11 - PROPOSAL TO: MR. GARY W. JACKSON City Manager Fort Worth,Texas FOR: CONSTRUCTION AND INSTALLATION OF PARK IMPROVEMENTS FOR: ROSEN PARK GR76/541200/080438769010 DOE NO. 4233 FAR NORTHSIDE PARK GR76/541200/080438769020 DOE NO. 4234 ARNESON PARK GR76/541200/080438769030 DOE NO. 4235 CRESTWOOD GR76/541200/080438769040 DOE NO. 4236 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications,and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Parks and Community Service Department Director of the City of Fort Worth. The "approximate quantity" category is for information purposes only. The Contractor shall be paid on the basis of actual installed quantities on non lump sum items. Additionally, the Contractor shall be aware that the Proposal contains both Lump Sum and Unit Price items. If the lowest bid received exceeds the funds budgeted for the project, the City reserves the right to decrease the quantities contained in any line item or to eliminate any specific line items before award of the contract in order to bring the work within budget. By submitting a bid, the bidder acknowledges the City's right to adjust or eliminate line items prior to the award of contract. Further,by submitting a bid, the bidder agrees to honor each line item bid price without recourse to the City in the event line items are adjusted or eliminated. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish, if applicable, Performance, Payment, and Maintenance Bonds approved by the City of Fort Worth for performing and completing the i said work within the time stated and for the following sums,to-wit: i BASE BID PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID Unit One—Rosen Park (See Plan Sheets 2, 4, 5 & 12) 1. 1 LS Excavation/Grading to include Hydroseed&2' -DDSoiid Sud Band @ ,J _ %1-4ollars & Cents per LS $ Lump Sum 2. 1 LS Demolition/Removal/Salvage of Existing Playground Edge, Equipment, Safety V. VSD Surfacing(min. 9"),portion of Concrete Walk, Lightp le Footin , picnic tables and slabs @ FTS .;+.JUo1� ' TEXT 40 Dollars & wo Cents per LS $ Lurrip Sum $ '3000, PROPOSAL J PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 3 i 3. 710 SF Installation of Concrete Paving @ Dollars & `�02�UT 06 Cents per SF O28 $ �` 4. 1 EA Installation of HC Accessible Ramp @ I. P Dollars & fo Cents per EA 0.0 $ 800 .CO 5. 245 LF Installation of Concrete Mow Strip @ Dollars & lilt) Cents per LF $ zo .-cam $ 4000.v0 6. 1 EA Installation of Project Sign Per Contractors' Packet @ Dollars & Ao Cents per EA $ 3 o-o. $ 30 C. ay 7. 1 LS Installation of Safety Surfacing Material W/Wear Mats @ L)Dollars & Ifo . Cents per LS $ Lump Sum $4900, - 8. 4x900, '8. 1 LS Installation of Sub Drain and Concrete t Headwall @ 5 ,•- Aollars & Cents per LS $ Lump Sum $ /,ao 9. 1 EA Specified Play Structure and(2) Spring Animals Installed @ - ;,,(� rv�,.,� ►R 0—tars; & Cents per EA $ �ZSay , $.3'LSeo• k 10. 1 EA YZ ed Two (2)Bay Swing Installed @ t ollars & NLR v • Cents per EA $ .380o $�3 igoo 11. 3 EA Installation of 6' Park Bench @ Dollars & X0 Cents per EA Unit One Total .:hoc PROPOSAL _ -2- PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ` ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID Unit Two -Far Northside (See Plan Sheets 2, 6, 7 & 12) 1. 1 LS Excavation/Grading to include Hydroseed &2' Solid Sod Band @ pDollars & /Yo Cents per LS $ Lump Sum $ , ,. 2. 1 LS Demolition/Removal/Salvage of Existing Playground Edge, Concrete Paving,Equipment, Safety Surfacing(min. 9"),Wood Deck and Picnic Table @ VIlars & K� Cents per LS $ Lump Sum $ 7_700. — 3. 250 SF Installation of Concrete Paving @ Dollars & S; Cents per SF $ 3 .(a p $ q 00, — 4. 1 EA Installation of HC Accessible Ramp @ (,-�- Dollars & Cents per EA 5. 245 LF Installation of Concrete Mow Strip @ �•� Dollars & Cents per LF $ - $ Q 00, 6. 1 EA Installation of Project Sign Per Contractors' Packet @ _ 1d,L,,Q Dollars & ffp Cents per EA $ 3 _ $ 3Qa• " 7. 1 LS Installation of Safety Surfacing Material W/Wear Mats @ �j ,�• �,, / Vollars & go - Cents per LS $ Lump Sum $ b�0-0 8. 1 LS Installation of Sub Drain tied into Existing Headwall @ 1 /�o ars & Cents per LS $ Lump Sum $ 700 9. 1 EA Specified Play Structure and(2) Spring Animals In ailed fi•�✓¢- k � Cents per EA T PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT i 10. 1 EA Specified Two (2) Bay w tailed @ J (� �j s& ^(a Cents per EA $ 3800. 11. 3 EA Installation of 6' Park Bench @ Dollars & xhj Cents per EA Unit Two Total $ f�, -/�(:t.c`( vs,o-.� f"V= '- Unit Three–Arneson Park(See Plan Sheets 3, 8, 9 & 12) 1. 1 LS Excavation/Grading to include Hydroseed &2' Solid Sod Band @ L >;a,.c r Dollars & Cents per LS $ Lump Sum $`� U — 2. 1 LS Demolition/Removal/Salvage of Existing Playground Edge, Concrete Paving, Equipment, Safety Surfacing(min. 9"), 1 Lightpole, 2 Lightpole Footings, Picnic Tables and 3 Tree @ Dollars & - o!'o . Cents per LS $ Lump Sum 3. 250 SF Installation of Concrete Paving @ collars & b Cents per SF $ 4. 1 EA Installation of HC Accessible Ramp @ Dollars & /Ka Cents per EA $ bVD- $ 8cx 5. 258 LF Installation of Concrete Mow Strip @ ,N144� Dollars & Cents per LF $ 6• � $ PROPOSAL -4- PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 6. 1 EA Installation of Project Sign Per Contractors Packet @ Dollars & l � Cents per EA $ 36u 7. 1 LS Installation of Safety Surfacing Material W/Wear Mats L 4�ollars & i AID Cents per LS $ Lump Sum $ 3 co ` 8. 1 LS Installation of Sub Drai and Catch Basin @ `�.e.--t� 5.11�.�,.,.� Dollars & Cents per LS $ Lump Sum . 9. 1 EA Specified Play Structure and 13u�k-a-Bout '''� Dollars & /c('0, Cents per EA $ 5`3, Sari �� $ 33 11. 1 EA Specified TwoF) Bay S�iinf ailed @ 1-r 40l al rs 13c Cents per EA $ SOD • $ 3�0�e _ 12. 3 EA Installation of 6' Par ench @ �. Dollars & A(D Cents per EA or) $ /L Go. Unit Three Total $ - .� lunit Four—Crestwood Park(See Plan Sheets 3, 10, 11 & 12) J 1. 1 LS Excavation/Grading to include Hydroseed & 2' Solid Sod Band @ Dollars & Cents per LS $ Lump Sum $ Kzof—) PROPOSAL -5. PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT I 2. 1 LS Demolition/Removal/Salvage of Existing Playground Edge, Concrete Paving, Equipment, Safety Surfacing (min. 9"), 1 Tree, 1 Lightpole & Footing, Grills an Picnic T les on slab @ 5�.+.. Dollars & Cents per LS $ Lump Sum 3. 340 SF Installation of Concrete Paving @ Dollars & Cents per SF $ ,3 4. 1 EA Installation of H ccessible Ramp @ a L. t- / Dollars & yip Cents per EA $ 000-(1) $ ou- 5. 245 LF Installati n of Concrete Mow Strip @ Dollars & Cents per LF $ Z rD--0t) 6. 1 EA Insttaallation of Project Sign Per Contractors' `_-�et @ iL�„Q Dollars & WO. Cents per EA $ 3dO • $ Seo. 7. 1 LS Installation of Safety Surfacin Material W/Wear Mats @ y� ollars & �� • Cents per LS $ Lump Sum $ 610-d i 8. 1 LS Installation of Sub Drain.tied into Existing Inlet,@ i Dollars & Alb Cents per LS $ Lump Sum $ 1740 ' 9. 1 EA Specified Play Structure and(2) Spring Animals Installedh'. IS� Dol 1�t] Cents per EA 3 11. 1 EA Specified Two (2 Ba Sw' n lled @ , D• Cents per EA $ Od-� $ 38cr PROPOSAL -6- t PAY ` APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 12. 2 EA Installation of 6' Park Bench @ fi-- Dollars & i 'A(0 Cents per EA $ 40- $ � Z, Sr2 . — Unit Four Total $�r,'ti rwa� ,c�.v� /•L.L...� a(.tie —ICA-0 " 'i Unit Five-Proposed Bid Alternates for Rosen Park 1. 1 EA 6' Park nc Be �.e...` Dollars & Cents per EA $ _A06. O 2. 2 EA Installation of 8' ADA Picnic Table on �Co�nc etf e Slab (a � - Dollars & 90 Cents per EA $ $ Unit Six-Proposed Bid Alternates for Far Northside Park 1. 2 EA 6' Park ge es lc- Dollars & xI. Cents per EA $ f,10 u s 2. 1 EA - Installation of 8' ADA Picnic Table on Concrete Slab @ l Cents per EA Unit Seven-Proposed Bid Alternates for Arneson Park 1. 1 EA 6' Parkench .I Dollars & A/'6 Cents per EA co r 12. 1 EA Installation of 8' ADA Picnic Table on Concrete Slab @ , ..Q •�� /�^ o Lars & Cents per SF $ /�'ot9 • $ /S o� PROPOSAL -7- 6 PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUN Unit Eight—Proposed Bid Alternates for Crestwood Park 1. 2 EA 6' Park Benches @ Dollars & Cents per EA $ $ �� • fav �� . 2. 1 EA Tnetµllation of 8' ADA Picnic Table on Concretelab @ / L .�, +- Dollars & 1 Cents per EA $ $ �✓u . ��c-L , �s ice= 3. 1 EA Installation of 8' ADA Picnic Table on Existing Slab @ Dollars & Cents per EA i PROPOSAL -8- w PAY- APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID BID -RECAPITULATION Unit One-Total Base Bid Cost for Rosen Park Unit Two -Total Base Bid Cost for Far Northside Park $ Unit Three -Total Base Bid Cost for Arneson Park $ _ Unit Four-Total Base Bid Cost for Crestwood Park $ 6 Z , Si � n Total Base Bid $ Z r1 Lb PROPOSAL -9- PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT t A. This contract is issued by an organization that qualifies for exemption pursuant to the provisions of Article 20.04(: Texas Limited Sales,Excise and Use Tax Act. B. The Contractor performing this contract may purchase,rent or lease all materials, supplies, equipment used or con: the performance of the contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemptior. certificate complying with State Comptroller's ruling tax,said exemption certificate complying with State Comptro ruling#95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling#95.09 as amended to be effective October 2, 1968. C. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractor or employment agency in either furnishing or referring employee applicants to the undersigned are ni discriminated against as prohibited by the terms of City Ordinance 7278,as amended by City ordinance 7400(Fort City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. D. The undersigned agrees to complete all work covered by these contract documents within Sixty(60)Working Days the date for commencing work as set forth in the Notice to Proceed to be issued by the Owner and to pay not less tl,, Federal Davis-Bacon Prevailing Wage Rates listed on General decision TX030045,dated 06/13/03,for the State of Contract time incorporates playground equip ment/delivery time and is to run concurrently with site constru be performed prior to receipt of equipment and subsequent installation. E. Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract deliver applicable Surety Bonds for the faithful performance of this contract. The attached deposit check in the sun $ Dollars($ )is to become the property of the Fort Worth, Texas,or the attached Bidder's Bond is to be forfeited in the event the contract and applicable bonds art executed within the time set forth, as liquidated damages for delay and additional work caused thereby. F In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the advantageous price for construction thereof to the City or to reject the proposal. G. Receipt is hereby acknowledged of the following addenda: No. 1 No. 2 No. 3 No.4 Respectfully submitted, 4, ��3 -L A (Company Name) By Authorized Signature) Date: /® / /V/Z0 o _35- Address: 3Address: 6n 4,.1 76o ZiD Telephone: SEAL(if corporation) PROPOSAL _ l ATTACHMENT IA Page 1 of 1 FORT WORTH _ , _ l - 3A I ; f R C V0 city of Fol'rt WOrth� Subcontractors/Su' iers tiwiamibfi3Fd*FIVo RCVD PRIME COMPANY NAME: Check applicable block to describe prime PROJECT AME: MNV/DBE NON-M/W/DBE BID DATE I _P4r K` l en J, C-11614- e��r Cre i �'d 3.k /D — /(o ZC>0 3 City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER (;2'7(3/S-Y/ 2.00/bed io 6.901/ 0/ Lc a Identify all subcontractors/suppliers you will use on this project Failure to complete this form, In its entirety with requested'documentation, and received.by the Managing Department on or before 5:00 p.m. five (5) City business days.afterbid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal',*agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with'the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result'in the bid being considered non-responsive to bid specifications MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting, below the prime contractor, i.e., a direct *. payment from the prime contractor to a subcontractor is;considered'.18t tier, a payment by a subcontractor to j its supplier is considered 2nd tier r J ALL MfWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. * Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification `; Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long'as the M/WBE listed.own s.and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may.lease trucks from another M/WBE firm, including M/WBE owner=operators,.,,and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including'1owner-operators, but.will only receive credit for.the Fees and commissions earned by the M/WBE as outlined in the lease agreement.' " I� Lr Rev.5/30/03 ATTACHME FORT WORTH Pag( y Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) o SUBCONTRACTOR/SUPPLIER T n r Company Name i N T Detail Detail Address I M W C X M Subcontracting Work Supplies Purchased Dollar AmoL r B B T D W Telephone/Fax R O B E E C T E A 1 Do-9(33 -5-3v7 7szz t 4/700 -rf oQu-,s o 76c)1-1? ZVI (r/7- 3610 - be-# f Z� s ^ r /673 7T 8f7- Y7,f o34*4 /3 r'� FORT WORTH . e Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 3 2 Total Dollar Amount of Non-MIWBE Subcontractors/Suppliers $ 78 Z TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 7 t The Contractor will not make additions, deletions, or substitutions to this certified list without the prio of the Minority and Women Business Enterprise Office Manager or designee through the subn Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material contract and may result in debarment in accord with the procedures outlined in the ordinance. The shall submit a detailed explanation of how the requested change/addition or deletion will affect the i M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determinatior By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upo, complete and accurate information regarding actual work performed by all subcontractors, M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an au examination of any books, records and files held by their company. The bidder agrees to transmission of interviews with owners, principals, officers, employees and subcontractors/suppliers/contractors participating on the contract that will substantiate the ac performed by the MNV/DBE(s) on this contract, by an authorized officer or employee of the r intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or c from City work for a period of not less than three (3) years and for initiating action under Feder@ Local laws concerning false statements. Any failure to comply with this ordinance and create breach of contract may result in a determination of an irresponsible Offeror and barred from parti City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Namerritie(if different) Company Name Telephone and/or Fax 7 (°n��,.....�. �-� �lam `✓i. ,.A 7-- Address E-mai Address City/State/Zip Date WAIS Document Retrieval Page 1 of 4 GENERAL DECISION TX030045 06/13/2003 TX45 Date: June 13, 2003 General Decision Number TX030045 Superseded General Decision No. TX020045 State: TEXAS Construction Type: HEAVY N HIGHWAY County(ies) : COLLIN GRAYSON ROCKWALL " DALLAS JOHNSON TARRANT DENTON KAUFMAN WICHITA ELLIS PARKER HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. v HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES Modification Number Publication Date 0 06/13/2003 COUNTY(ies) : COLLIN GRAYSON ROCKWALL DALLAS JOHNSON TARRANT .a DENTON KAUFMAN WICHITA ELLIS PARKER SUTX2043A 03/26/1998 n Rates Fringes AIR TOOL OPERATOR $ 9.00 ASPHALT RAKER 9.55 ASPHALT SHOVELER 8.80 BATCHING PLANT WEIGHER 11.51 CARPENTER 10.30 CONCRETE FINISHER-PAVING 10.50 - CONCRETE FINISHER-STRUCTURES 9.83 CONCRETE RUBBER 8.84 ELECTRICIAN 15.37 FLAGGER 7.55 FORM BUILDER-STRUCTURES 9.82 FORM LINER-PAVING & CURB 9.00 FORM SETTER-PAVING & CURB 9.24 FORM SETTER-STRUCTURES 9.09 I LABORER-COMMON 7.32 LABORER-UTILITY 8.94 MECHANIC 12 .68 OILER 10.17 SERVICER 9.41 PAINTER-STRUCTURES 11.00 PIPE LAYER 8.98 BLASTER 11.50 ASPHALT DISTRIBUTOR OPERATOR 10.29 http://fr webgate.access.goo.Dov/c Fi-bin/aetdoc.cai?dbname=Davis-Bacon&docid=TX0200... 7/15/2003 WAIS Document Retrieval Page 2 of 4 ASPHALT PAVING MACHINE 10.30 BROOM OR SWEEPER OPERATOR 8.72 BULLDOZER 10.74 CONCRETE CURING MACHINE 9.25 CONCRETE FINISHING MACHINE 11.13 CONCRETE PAVING JOINT MACHINE 10.42 CONCRETE PAVING JOINT SEALER 9.00 CONCRETE PAVING SAW 10.39 CONCRETE PAVING SPREADER 10.50 SLIPFORM MACHINE OPERATOR 9.92 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 11. 04 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 10.00 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 11.83 FRONT END LOADER 9.96 MILLING MACHINE OPERATOR 8.62 MIXER 10.30 MOTOR GRADER OPERATOR FINE GRADE 11.97 MOTOR GRADE OPERATOR 10.96 PAVEMENT MARKING MACHINE 7.32 ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS 9.06 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 8.59 ROLLER, PNEUMATIC, SELF-PROPELLED 8.48 SCRAPER 9.63 TRACTOR-CRAWLER TYPE 10.58 TRACTOR-PNEUMATIC 9.15 TRAVELING MIXER 6.63 WAGON-DRILL, BORING MACHINE 12.00 REINFORCING STEEL SETTER PAVING 13.21 REINFORCING STEEL SETTER STRUCTURES 13 .31 STEEL WORKER-STRUCTURAL 14 .80 SPREADER BOX OPERATOR 10.00 WORK ZONE BARRICADE 7.32 TRUCK DRIVER-SINGLE AXLE LIGHT 8. 965 TRUCK DRIVER-SINGLE AXLE HEAVY 9.02 TRUCK DRIVER-TANDEM AXLE SEMI TRAILER 8.77 TRUCK DRIVER-LOWBOY/FLOAT 10-44 TRUCK DRIVER-TRANSIT MIX 9.47 TRUCK DRIVER-WINCH 9 .00 VIBRATOR OPERATOR-HAND TYPE 7.32 WELDER 11.57 ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5 .5 (a) (1) (ii) ) . -------------------------------- ------------------------- ------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively httD://frwebRate.access.zDo.izov/cizi-bin/izetdoc.cgi?dbname=Davis-Bacon&docid=TX0200___ 7/15/2003 WAIS Document Retrieval Page 3 of 4 bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should. be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. r Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: " Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. http://frwebgate.access.mo.gov/cgi-bin/2etdoc.c ai?dbname=Davis-Bacon&docid=TX0200... 7/15/2003 City of Fort Worth Intergovernmental Affairs and Grants Management (IAGM) Community Development Block Grant (CDBG) Funded Construction Projects Table of Contents PAGE I. Pre-Construction Conference Minutes .............................................................. 1 -3 H. Contractor/Sub Information Forms ................................................................. 4-5 III. Start of Construction Form.............................................. ......... 6 ....................... IV. Construction Complete Form........................................................................... 7 V. City of Ft.Worth Finance Department,Affirmative Action Plan: ............................ 8 -22 Section 3 of the Housing and Urban Development Act of 1968 A. Section 3 Attachment Forms 1. Attachment B Self-Certification Form..................................................... 20 2. Attachment D Statement of Release Form................................................ 21 3. Attachment E Preliminary Statement of Workforce Needs Form ..................... 22 VI. Statement of Policy on Equal Employment Opportunity Form .................................... 23 VII. Department of Housing and Urban Development Contract Requirements .................. 24-38 Executive Order 11246,Equal Opportunity Clause; Section 202 A. Executive Order 11246 Forms 1. Certification and Acknowledgment Form .................................................. 39 2. Certification of Bidder Regarding Equal Employment Opportunity Form............ 40 3. Certification Regarding Lobbying Form................................................... 41 4. Certificate of Owner's Attorney Form...................................................... 42 VIII. U.S. Department of Labor Wage and Hour and Public Contract Divisions A. Instructions for Completing Payroll form WH-347 ...........................................43 -45 B. U.S.Department of Housing and Urban Development 1. Certificate from Contractor Appointing officer or employee to Supervise Payment of EmployeesForm ................................................................................. 46 2. Payroll Form ..................................................................................... 47 3. U.S.Department of Labor Statement of Compliance Form ................................ 48 4. Employees Statement of Work Verification Form.......................................... 49 5. Payroll Deduction Authorization Form....................................................... 50 IX. U.S.Department of Housing and Urban Development Community Development Block Grant Input: Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements .......................................................................................... 51 -53 X. How to Complete Payroll Forms XI. Equal Employment Opportunity Poster XII. U.S.Department of Labor Poster XIII. Project Designation Sign City of Fort Worth Intergovernmental Affairs and Grants Management (IAGM) Community Development Block Grant (CDBG) Funded Construction Projects Due Required Forms and Dates WHO COMPLETES DUE SUB PRIME = FORM SUBMIT SUBMIT TO: REQUIRED FORM TO: All those who attend Keep For Your Records FILE FILE Pre-Construction Meeting meeting sign Contractor/Sub Contractor and All Subs Before the Start of PRIME LAGM Information Constriction Monitor Start of Construction Form CONTRACTOR At the Start of Construction PRIME IAGM Monitor Construction Complete CONTRACTOR After completion of PRIME IAGM Monitor Form construction Section 3 Attachment Forms CONTRACTOR AND Complete and Return PRIME IAGM Monitor • Attachment B Self- SUBCONTRACTORS Within Seven(7)Days of Certification Form Receipt • Attachment D Statement of Release ^' Form • Attachment E Preliminary Statement of Workforce Needs Form Statement of Policy on CONTRACTOR AND Complete and Return PRIME IAGM Monitor Equal Employment SUBCONTRACTORS Within Seven(7)Days of Opportunity Form Receipt CONTRACTOR AND Complete and Return PRIME IAGM Monitor Certification and SUBCONTRACTORS Within Seven(7)Days of Acknowledgement Form Receipt U.S. Department of Housing CONTRACTOR AND Complete and Return PRIME IAGM Monitor and Urban Development SUBCONTRACTORS Within Seven(7)Days of • Certification of Bidder Receipt Regarding Equal Employment Opportunity Form • Certification Regarding Lobbying Form !, 0 Certificate of Owner's Attorney Form CONTRACTOR AND Complete and Return PRIME IAGM Monitor SUBCONTRACTORS Within Seven(7)Days of U.S.Department of Housing Receipt and Urban Development • Certificate from +. Contractor Appointing officer or employee to Supervise Payment of Employees Form City of Fort Worth Intergovernmental Affairs and Grants Management (IAGM) �. Community Development Block Grant (CDBG) Funded Construction Projects WHO COMPLETES DUE SUB PRIME FORM SUBMIT SUBMIT TO: REQUIRED FORM TO: The prime contractor Beginning the first week PRIME IAGM Monitor should review ea. your company works on a Payroll Forms Subcontractor's payroll project and for every week You are not required to use reports for compliance afterward until your firm may use any otheerr type of Payroll Form WYou prior to submitting the has completed its work. ype payroll,such as computerized reports to IAGM. Number the payroll reports formats,as long as it has all of beginning with# 1 Initial the information that is required and clearly mark your last on the WH-347. payroll"Final." U.S. Department of Labor CONTRACTOR AND Attach to the weekly payroll PRIME IAGIvf Monitor Statement of Compliance SUBCONTRACTORS with original signature Form CONTRACTOR AND Required when employee is PRIME IAGM Monitor SUBCONTRACTORS used in more than one classification, and specify Employees Statement of different rates of pay during Work Verification Form any payroll period EMPLOYEES MUST Only one employee PRIME IAGM Monitor AUTHORIZE ALL authorization is needed for DEDUCTIONS recurring deductions.This should accompany the Payroll Deduction FIRST payroll on which the Authorization Form deduction appears U.S.Department of HUD SUBCONTRACTOR Before start of work PRIME IAGM Monitor Community Block Grant �" Input Subcontractor's Certification Concerning Labor Standards and �. Prevailing Wage Requirements Form NOTICE TO ALL CONTRACTOR Post on site at the start of POST POST EMPLOYEES MUST POST construction Working on Federal or Federally Funded Finance Construction Projects Equal Employment CONTRACTOR Post on site at the start of POST POST Opportunity Poster MUST POST construction U.S.Department of Labor Poster CONTRACTOR Post on site at the start of POST POST Project Designation Sign MUST POST construction PRIME CONTRACTOR FORWARDS ALL FORMS TO THE IAGM MONITOR PRECONSTRUCTION CONFERENCE MINUTES DATE: TIME: LOCATION: PROJECT NAME: LOCATION OF PROJECT: PROJECT NUMBER: CONTRACT AMOUNT: ATTENDEES NAME NAME & ADDRESS OF FIRM TELEPHONE NUMBER A preconstruction conference was held on the above date to discuss labor standards requirements applicable to this project. The attendees, as listed above, were provided the following information. The "CONTRACTOR INFORMATION" form required of the contractor and all subcontractors should be completed and submitted before starting construction. Section 3 Plans must be completed by contractors and subcontractors having contracts over the amount of $10,000. Written affirmative action plans must be submitted by the contractors and subcontractors having contracts over the amount of$50,000 and employing more than 25 non-constriction employees. The plans should address the contractor's intent to hire and train minorities and females on an equal basis as any other group. Executive Order 11246, included in the contract document, should be followed as closely as possible. 1 This project is subject to the Davis-Bacon Act(DBA), Copeland Act, Contract Work Hours Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA). FLSA sets out the requirements for payment of minimum wages, overtime pay, child labor standards and prohibits wage discrimination on the basis of sex. DBA specifies the minimum wages to be paid the various classes of laborers and mechanics employed on the project. CWHSSA sets a uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in excess of 40-hours per week. The Copeland Act prohibits kickbacks being paid by the employee to the employer and requires the weekly submission of payrolls. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS AND/OR WITHHOLDING OF INSURED ADVANCES. The contractor should inform his foreman and subcontractors that this project is subject to periodic employee - wage interview visits by City staff and/or federal agencies, such as HUD or DOL, to insure compliance with the aforementioned regulations. These federal officers or City staff are not to be prevented from conducting such interviews. The suggested payroll form is WH-347,Payroll. All other payroll forms must be approved by HUD prior to use. Payrolls must be submitted to the Finance Department within seven days after a pay period ends. A pay period is seven(7) consecutive days. Payrolls must be original and must be completely executed. The signature must be that of owner,partner,officer of authorized individual, and must be an original ink signature. It is suggested that blue ink be used. The certification dates must cover the seven (7) day period. "A CERTIFICATION FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES" fi form must be submitted. The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this contract are to be maintained during the course of work and preserved for a period of three years thereafter. a Liquidated damages will be assessed for fail-Lire to pay overtime. The assessment amount is$10 per day per violation. Overtime begins on this project after 40 hours per week. Additionally, wage restitution must be paid to any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the prescribed hourly rate of pay. Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage decision. The decision which is applicable to this project is . The wage decision must be posted at the construction site along with required posters for the duration of construction activity. Any classification needed which.does not appear on the wage decision must be requested and approved by the U.S. Department of Labor prior to the use of that classification on the project. In instances where the owner of a company performs work on the project, that owner must show himself/ herself on the payroll and must show the hours worked each day and total hours for the week. All persons who perform work on the project must be shown on the payroll. The address and social security number for each employee must be included the first time that employee appears on the payroll and any time their address change. Apprentices may be employed on the project, however, they must be certified by the Bureau of Apprenticeship & Training and the allowable ratio of apprentices to journeyman must not be exceeded. Payrolls are required for weeks in which no work is performed labeled "NO WORK PERFORMED". The first payroll furnished must show "INITIAL" in the payroll number block. Likewise, the last payroll must show "FINAL". Subsequent payrolls following the initial payroll must be numbered sequentially beginning 2 with number 2, including payrolls labeled "NO WORK PERFORMED". Any person who is employed on a piece work basis must be shown on the payroll. The hours worked each day and total hours for the week must be shown. The hourly rate of the piece worker must equal or exceed the prescribed hourly rate for the particular work classification. Dual work classifications within the same payroll period are acceptable provided that a signed verification of the dual work classification is furnished from,the employee. When dual work classification are used submit the form "EMPLOYEES STATEMENT OF WORK VERIFICATION". Deduction authorizations, signed by employees,must be provided for any deduction with the exceptions of FICA and federal tax. Unless otherwise specified by the applicable wage decision, the classification of"helper" is unacceptable. Employees must be classified and paid based on the work they perform, e.g., if a person performs the duties of or uses the tools of a plumber, that person must be classified as a plumber, not as a plumber's helper (the plumber classification is used there as an example only). The general contractor will be required to certify that all laborers and mechanics employed on the project (including those employed by subcontractors) have been paid hourly rates as prescribed by the applicable laws. The staff person who will monitor this project for compliance with labor requirements is . Any questions Frank Marrero concerning labor requirements should be directed to him/her at(817) 871-7536.. Questions should be directed through the general contractor who is ultimately responsible for the fulfillment of these obligations Submitted by: Contact Person: City of Fort Worth NAME Intergovernmental Affairs & Grants Management Frank Marrero 1000 Throckmorton Street Fort Worth, Texas 76102 DATE (817) 871-7536 3 CONTRACTOR INFORMATION _. Date PROJECT: 1. Contractor: 2. Address: 3. City: 4. Telephone: Fax: ~ 5. Federal I.D. #: 6. Officers of the Corporation: President: Racial/Ethnic Ownership: White American Vice President: 2-Black American 3-Native American 4-Hispanic American Secretary: 5-Asian/Pacific American 6-Hasidic Jew Treasurer: 7. If sole owner or partnership, list owner(s): I certify at the time of execution, hereof, neither my company nor my corporate officers (if incorporated)are listed in the list of Debarred,Suspended,and Ineligible Contractors maintained by the Department of Housing and Urban Development (HUD). Signature 4 SUBCONTRACTOR INFORMATION (To be completed by contractor) Date PROJECT: 1. Subcontractor: y 2. Contract Amount: 3. Address: 3. City: 4. Telephone: Fax: 5. Federal I.D. #: Racial/Ethnic Ownership: 1 -White American 2-Black American 3-Native American w 4-Hispanic American 5 -Asian/Pacific American 6-Hasidic Jew 5 START OF CONSTRUCTION (Date) Project Name: Project Location: Project Number: U.S. Department of Labor Wage Decision: _ This is to inform you that the (Name of Company) of (Address) (City/Town) has started work on the above referenced project covered by our (State) (Zip) contract with you, as of (Date) Respectfully yours, (Name of Company) By (Signature) (Title) 6 CONSTRUCTION COMPLETE Project Name: Project Location: Project Number: U.S. Department of Labor Wage Decision: This is to inform you that the (Name of Company) of , , (Address) (City/Town) has terminated work on the above referenced project covered by our (State) (Zip) contract with you, as of (Date) Respectfully yours, (Name of Company) By (Signature) City of Fort Worth Finance Department Affirmative Action Plan Under Section 3 of The Housing and Urban Development Act of 1968 Revised 4/00 ap 8 Citv of Fort Worth Affirmative Action Plan Table of Contents Part I: Purpose and Background Information Page 1. Summary Explanation and Purpose.....................................................10 r 2. Geographical Applicability..................................................................10 3. Applicability to Businesses..................................................................10 4. Applicability to Individuals.................................................................11 Part II: Selection of Subcontractors and Vendors 1. Procedures .......... .........................................................................13 2. Sources for Locating Section 3 Covered Businesses...........................13 3. Required Contract Clauses............................................................ 13 -14 Part III: Hiring Trainees and Employees 1. Procedures ......................................................................................15 2. Good Faith Efforts ...............................................................................16 Part IV: Compliance and Consequences 1. Monitoring of Requirements................................................................16 2. Grievance Procedures .................................................................. 16 --17 3. Sanctions ......................................................................................17 Part V: Attachments 1. Self-Certification Form...............................................................................20 2. Statement of Release...................................................................................21 3. Preliminary Statement Work Force Needs..................................................22 9 MIR City of Fort Worth Fiscal Services Department as Intergovernmental Affairs and Grants Management Division Me Affirmative Action Plan Under Section 3 of the Housing and Urban Development Act of 1968 an b.=- RIM. on 1. Summary Explanation and Purpose: Section 3 of the Housing and Urban Development Act of 1968, as amended, ("Section 3") is binding upon the City of Fort Worth, ("the City") and its Contractor in all projects using Community Development Block Grant (CDBG) funds. Any Contractor of CDBG funds, from whatever source, is bound by Section 3. The two primary purposes of Section 3 are (1) to encourage the use of small, local and minority businesses as suppliers of goods and services, and (2) to encourage the use of local, minority and lower income persons as trainees and employees. Section 3 requires that good faith efforts be made to achieve these purposes. This plan sets forth the procedures which will be followed by the City of Fort Worth's Fiscal Services Department, Intergovernmental Affairs and Grants Management Division ("IAGM") and all its CDBG Contractors to accomplish these purposes. Specific regulations governing Section 3 are set out in 24 CFR 135. 2. Geographical Applicability: For the Community Development Block Grant Program, Section 3 is applicable to all activities taking place within the corporate limits of the City of Fort worth, Texas. Within this "Section 3 covered area", the IAGM Target areas are considered priority areas. The Target areas include the following 1990 census tracts/block group numbers: 1001.01/1, 1001.01/3, 1001.01/4, 1001.01/6, 1001.02/4, 1001.02/5, 1001.02/6, 1002.01/1, 1002.01/2, 1002.01/3, 1002.01/4, 1002.02/1, 1002.02/2, 1002.02/3, 1002.02/4, 1002.02/5, 1003/1, 1003/2, 1003/3, 1003/4, 1003/5, 1003/6, 1004/1, 1004/2, 1004/3, 1004/4, 1004/5, 1004/6, 1005.01/1, 1005.01/2, 1005.01/3, 1005.01/4, 1005.01/5; 1005.01/6,.1005.02/1, 10 City of Fort Worth Affirmative Action Plan 1005.02/2, 1005.02/3, 1005.02/4, 1005.02/6, 1005.02.7, 1006.02/2, 1006.02/3, 1007/1, 1007/2, 1007/3, 1007/5, 1008/1, 1008/2, 1008/3, 1008/4, 1008/5, 1009/1, 1009/2, 1009/3, 1010/1, 1010/2, 1011/1, 1011/2, 1011/3, 1011/4, 1012.01/1, 1012.01/2, 1012.02/2, 1012.02/3 1012.02/4, 1012.02/5, 1012.02/6, 1013.01/4, 1013.02/2, 1013.02/3, 1013.02/4, 1014.02/1, 1014.02/2, 1014.02/3, 1014.02/4, 1014.03/2, 1014.03/3, 1014.03/4, 1014.03/5, 1014.03/6,- 1014.03/7, 1015/2, 1015/3, 1015/5, 1016/1, 1016/2, 1017/1, 1017/2, 1017/3, 1018/1, 1018/2, 1020/1, 1020/2, 1021, 6, 1021/7, 1023.01/1, 1023.01/2, 1023.01/3, 1023.01/4, 1023.02/4, 1023.02/5, 1024.01/4, 1024.01/5, 1024.01/6, 1025/1, 1025/2, 1025/3, 1025/4, 1025/5, 1025/6, 1026/4, 1026/6, 1026/7, 1026/8 1027/1, 1027/2, 1028/1, 1029/1, 1029/2, 1029/3, 1030/1, 1030/2, 1030/3, 1031/1, 1032/1, 1033/1, 1033/2, 1033/3, 1033/4, 1034/1, 1034/2, 1034/3, 1035/1, 1035/2, 1035/3, 1035/4, 1035/5, 1035/6, 1035/7, 1036.01/1, 1036.01/2, 1036.01/3, 1036.01/4, 1036.02/2, 1037.01/1, 1037.01/2, 1037.01/3, 1037.01/4, 1037.02/1, 1037.02/2, 1037.02/3, 1038/1, 1038/2, 1038/3, 1038/4, 1038/5, 1038/6, 1039/1, 1039/2, 1039/3, 1040/1, 1040/2, 1040/3, 1041/1, 1041/2, 1041/3, 1041/4, 1041/5, 1041/6, 1042.02/5, 1043/2, 1043/3, 1043/4, 1043/5, 1044/1, 1044/3, 1044/4, 1044/7, 1045.01/1, 1045.01/2, 1045.01/3, 1045.01/4, 1045.01/5, 1045.01/6, 1045.01/7, 1045.01/8, 1045.02/1, 1045.02/2, 1045.02/3, 1045.03/1, 1045.03/2, 1046.01/2, 1046.01/3, 1046.01/4, 1046.01/5, 1046.02/1, 1046.02/2, 1046.02/3, 1046.02/4, 1046.03/1, 1046.03/2, 1046.03/3, 1046.04/1, 1046.04/2, 1046.04/3, 1046.05/3, 1046.05/5, 1047/1, 1047/2, 1047/3, 1047/4, 1047/5, 1047/6 1048.01/1, 1048.01/2, 1048.01/3, 1048.01/4, 1048.01/5, 1048.01/6, 1048.01/7, 1048.01/8, 1048.02/1, 1048.02/2, 1048.02/3, 1048.02/4, 1050.01/1, 1050.01/2, 1050.01/3, 1050.01/4, 1050.01/5, 1050.05/2, 1050.06/1, 1050.06/2, 1051/5, 1052.01/1, 1052.01/2, 1052.01/4, 1052.02/1, 1052.02/2, 1053/1, 1055.02/1, 1055.02/8, 1055.05/1, 1056/2, 1057.03/3, 1058/1, 1058/2, ,. 1058/5, 1059/2, 1059/3, 1059/5, 1060.01/1, 1060.02/1, 1060.04/2, 1061.01/2, 1061.02/, 1061.02/2, 1062.01/1, 1062.01/2, 1062.01/3, 1062.01/4, 1062.02/1, 1062.02/2, 1062.02/3, 1062.02/4, 1063/2, 1063/3, 1064/1, 1064/2, 1065.03/3, 1065.06/2, 1065/06/3, 1065.06/4, 1065.08/2, 1065.08/4, 1065.09/1, 1065.10/4, 1065/11/4, 1065.12/2, 1066/1, 1105/4, 1110.07/4, 1113/01/2, 1135.06/7,1141.01/4 3. Applicability to Businesses: Businesses which are at least fifty-one percent(51%) owned by socially or economically disadvantaged persons who reside in the Section 3 covered area and which qualify as small businesses under the standards of the Small Business Administration are eligible for the benefits of Section 3. 4. Applicability to Individuals: Any person who resides in the Section 3 covered area and whose family income does not exceed eighty percent (80%) of the median income in the Dallas-Fort Worth Standard Metropolitan 11 City of Fort Worth Ajfirmative Action Plan Statistical Area may be designated as a "lower income person". Section 3 is intended to benefit such individuals through employment and training opportunities. 12 City of Fort Worth Affirmative Action Plan ��`�'`�� PAR�,TI rSET,ECTI01�'O�Contractor AI�[D��IYDORS��3� 1. Procedures All contractors will provide a completed copy of Attachment D, "Statement of Release", prior to signing any contract for a project using CDBG monies. Each Contractor selected will be bound by Section 3 requirements, including the submission of all relevant documentation required by this plan. Contractors will be held responsible for the Section 3 activities of their subcontractors. When competitive bids are solicited, the contractor will notify bidders of Section 3 requirements. Each contractor will make a good faith effort to issue invitations to bid to Section 3 .covered businesses and to use local and minority media to advertise contractual opportunities. H&HS will review proposed Contractors and vendors to ascertain their eligibility to receive CDBG funds, based on prior and future assured compliance with Section 3. t Contracts which are typically let on a negotiated basis in non-Section 3 covered areas will be let on a negotiated basis in Section 3 covered areas, if feasible. 2. Sources for Locating Section 3 Covered Businesses: The City operates the Minority/Women Business Enterprise (M/WBE) office to assist in the location and certification of Section 3 covered businesses and to inform such businesses of bidding opportunities for City contracts. Lists of Section 3 covered businesses area also available from the Fort Worth Regional HUD Office, the Small Business Administration and other similar agencies. Any business wishing-to qualify as a Section 3 covered business will be given the opportunity to file a Self-Certification form (Attachment B) with the M/WBE office and all CDBG contractors are encouraged to seek the assistance of that office, should any question arise. IAGM will notify the Minority/ Women Business Enterprise office of its pending contractual activities so that Section 3 covered businesses may be notified. 3. Required Contract Clauses: CFR 24 § 13 5.3 8 In the event a CDBG Contractor wishes to subcontract any portion of a project utilizing CDBG monies, the written prior approval of IAGM must be obtained. Furthermore, the following paragraphs must be included in each subcontract: 13 City of Fort Worth Affirmative Action Plan A. The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties of this Contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The Contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has n6tice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The Contractor will certify that any vacant employment positions, including the training positions, that are filled (1) after the contractor is selected but before the contract . is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing 14 City of Fort Worth Affirmative Action Plan assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (I)preference and opportunities for training and employment shall be given to Indians, and(ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). ��.��A RT IIIA �IIIZING TRAINEES�1�D�FN1P�OYYEBS�, -�' 1. Procedures: All contractors will provide a completed copy of Attachment E, "Preliminary Statement- Work Force Needs", prior to signing any contract for a project using CDBG monies. The Contractor will specify the maximum number of trainees which can reasonably be used on the CDBG project, unless the occupational category is subject to a ratio set by the Secretary of Labor. This information will be reviewed by IAGM to ascertain the current and projected use of Section 3 covered individuals. Should the Contractor wish to hire trainees for a CDBG assisted project, lower income individuals will be used to the greatest extent feasible in the various training categories. All vacant trainee positions should be filled with lower income individuals, if at all possible. Only after a good faith effort to.place lower income individuals in vacant trainee positions has been made will the Contractor use non-Section 3 covered individuals as trainees. Should the Contractor need to hire already trained employees, similar preference will be given to qualified lower income individuals who apply for those positions. For each occupational category in which vacancies exist, the contractor will set a realistic goal for the number of lower income individuals to be hired. The Contractor will make a good faith effort to see that such goals are met. To the greatest extent feasible, the Contractor will use lower income individuals as CDBG project employees. (Any Contractor which fills vacant employment positions immediately prior to starting a CDBG project will be required to show that its actions were not an attempt to circumvent Section 3 requirements.) When a lower income individual applies, either on their own initiative or on referral from any PP source, the Contractor will review his/her qualifications and hire the individual if his/her 15 RR City of Fort Worth Affirmative Action Plan qualifications are satisfactory and the Contractor has an opening. If the Contractor does not have an ' opening, the individual will be listed for the first available opening. If applicant qualifications are equal, lower income persons will be given preference in hiring. An exception will be made when a Section 3 covered project must also meet the requirements of Executive Order 11246. In this case, when qualifications are equal,rpinority persons will be given first preference in hiring. The City will require applicants claiming to be lower income to state their family income at the time of application. 2. Good Faith Efforts: A Contractor may show good faith efforts to hire lower income individuals by: (1) confirming with the Department of Housing and Urban Development's Regional Administrator, Area Office Director, or FHA Insuring Office Director, the geographical Section 3 covered area for the Contractor's specific project; and (2) using local media, project area community organizations, local public and private institutions, and/or signs placed at the proposed project site to recruit lower income applicants for training and employment positions with the project. , 'wir � 1. Monitoring of Requirements: IAGM will monitor the efforts of its contractors to achieve the purpose of Section 3 in two primary ways. First, the documentation required of CDBG Contractors will be examined to determine if good faith efforts are being made to comply with Section 3 requirements. Any obvious omissions or improper actions will be questioned and the manner in which compliance can be documented will be determined by IAGM. Next, IAGM will conduct on site reviews to assure that , any estimates or projected figures for training and employment have been achieved to the best of the Contractor's ability. If a high percentage of the employees of, and subcontractors for, a program meet Section 3 standards, the good faith efforts of the Contractor will be assumed. If compliance problems are discovered IAGM will encourage the Contractor to resolve them. If this informal persuasion should fail IAGM may request that sanctions (as specified below) be applied. 2. Grievance Procedures: Any person or business meeting the definitional standards of Section 3 may personally, or by representative, pursue the grievance procedures outlined here. 16 City of Fort Worth Affirmative Action Plan Informal complaints should be directed to 1AGM for investigation of its Contractor's compliance, or to the Contractor for investigation of the subcontractor's compliance. IAGM Contractors will notify IAGM of all informal complaints they receive. 'If the complaint is found valid, IAGM will make an effort to secure Section 3 compliance through conferences,persuasion and/or mediation. A written notice specifying the exact nature of the non-compliance will be issued to the non-complying party. The notice will recommend specific action to correct the non- compliance and specify a time limit for doing so. Continued non-compliance may result in the = application of the sanctions listed below. If the complainant is not satisfied with the informal complaint procedure, or its outcome, a formal grievance may be filed. s The grievance should be in writing and include: (1) the name and address of the grievant; (2) the name and address of the grievant's business, if applicable; (2) the name and address of the City, Contractor, or Subcontractor (hereafter called "respondent"); (4) a description of the acts or omissions giving rise to the grievance; and(5) the corrective action sought. The grievance should be signed by the grievant and mailed to Program Operations Division, Department of Housing and Urban Development,Fort Worth Regional Office, PO Box 2905, Fort Worth, Texas, 76113-2905; or Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development, Washington, DC 20410. A grievance must be filed no later than ninety (90) days from the date of the action(or omission) upon which it is based. The time for filing may be extended by the Secretary of Housing and Urban Development, if good cause is shown. Upon receipt of a grievance by the Secretary, a copy of it will be furnished to the respondent. The Secretary will conduct an investigation and will give written notice to both the grievant and respondent as to the decision reached. The grievance may be dismissed or sanctions may be applied, as appropriate. 3. Sanctions: Failure or refusal to comply with or give satisfactory assurances of future compliance with r the requirements of Section 3 shall be the proper basis for applying sanctions. Any or all of the following actions may be taken, as appropriate: cancellation, termination, or suspension in whole or in part of the contract or agreement; determination of ineligibility or debarment from any further assistance or contracts under this program until satisfactory assurance of future compliance has been received; referral to the Department of Justice for appropriate legal proceedings. 17 City of Fort Worth Aff rmative Action Plan Minority/Women Business Enterprise It is the policy of the City of Fort Worth to involve Minority/Women Business Enterprises in all phases of its procurement practices and to provide them equal opportunities to compete for contracts for construction,professional services, purchases of equipment and supplies, and provision of other services required by the City. The City operates the Minority/ Women Business Enterprise (M/WBE) office to assist in the location and certification of Section 3 covered businesses. A list of M/WBE businesses that have been certified by the City of Fort Worth will be provided to you upon request. If you need to secure services or supplies, please contact the City's M/WBE office: CITY OF FORT WORTH M/WBE OFFICE 1000 THROCKMORTON FORT WORTH,TX 76102 (817) 871-6104 -s 18 \\FS 100\CMO\IAGM\I.A.G.M\CONTRACT MANAGEMENT\LABOR STANDARDS MANUAL\C SECTION 3-AFFIRMATIVE ACTION PLAN.DOC City of Fort Worth Affirmative Action Plan SECTION 3 ATTACHMENTS Please Complete and Return Within Seven (7) Days 5100 19 \\FS I00\CMO\IAGM\I.A.G.M\CONTRACT MANAGEMENT\LASOR STANDARDS MANUAL\C SECTION 3-AFFIRMATIVE ACTION PLAN.DOC City of Fort Worth Affirmative Action Plan ATTACHMENT B SELF-CERTIFICATION FORM SOCIALLY OR ECONOMICALLY DISADVANTAGED Business/Agency Name: Address: - Zip Code I am a member of the following minority group: (Circle One) Black American Indian/ Asian/ Spanish- Other(Specify) Alaskan Native Pacific Islander Surnamed I own at least 51 percent of the above business: Date: Signature: Title: SELF-CERTIFICATION FORM NON-PROFIT ORGANIZATION This organization is a non-profit organization. Business/Agency Name: Address: Zip Code Date: Signature: Title: B-1 20 US 100\CMO\IAGM\I.A.G.M\CONTRACT MANAGEMENT\LABOR STANDARDS MANUAL\C SECTION 3-AFFIRMATIVE ACTION PLAN.DOC City of Fort Worth Af rmative Action Plan ATTACHMENT D Statement of Release I will not subcontract any work in connection with this project unless I first receive the prior written _ approval of the Fiscal Services Department, Intergovernmental Affairs and Grants Management Division of the City of Fort Worth. Business/Agency Name: Type of Business/Organization: Address: (Street) (City) (State) (Zip) Signature: Title: D-1 iI i ,cy U ^1 \\FS100\CMO\IAGM\I.A.G.M\CONTRACT MANAGEMEN nLABOR STANDARDS MANUAL\C SECTION 3- FI A''t'lVt 'Cr PLAN.DOC C U � U cYt cci ; N U U U) 4° E� Q H w H C O o w a o A H O � a H W >4 Q CZ) w R� Gz, O o � U O w a � O Cd a w Q E--• o o Cd - U ;; w p w •� d a as � STATEMENT OF POLICY ON EQUAL EMPLOYMENT OPPORTUNITY It will be the policy of this firm to not discriminate against any applicant for employment, or any employee, because of race, creed, color, age, sex, or natural origin. This firm will insure that this policy is continually enforced with regard to employment,promotion,upgrading,demotion,transfer, recruitment, and recruitment advertising, lay off and termination, compensation, training, and working conditions. We will make it understood by all with whom we deal, and in all our employment opportunity announcements that the foregoing is our policy. All applicants and employees will be judged solely on the basis of their skill,devotion loyalty,reliability and integrity. s Company Name Signature *M 04 EFFECTIVE APRIL 1, 1990 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT REQUIREMENTS Contractor agrees to comply with the requirements of the Housing and Urban Development Act of 1968, as amended, and with the regulations promulgated thereunder. Specifically, Contractor shall comply with the following Acts and Orders and their regulations: 1. EXECUTIVE ORDER 11246, EQUAL OPPORTUNITY CLAUSE; SECTION 202 During the performance of this Contract, the Contractor agrees as follows : a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are, treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. OVA b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding, a notice advising the ' said labor union or workers' representatives of the Contractor' s commitment under this section, and shall post copies of the notice in conspicuous places available to 4 employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and with the rules, regulations and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Wq Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department of Housing and Urban Development ("the Department") and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further -24- " government contracts in accordance with procedures authorized in Executive 3 Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the sentence immediately preceding Paragraph a and the provisions of Paragraphs a through g in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. h. The Contractor shall submit a certification and shall require each of its subcontractors to submit a certification that all facilities provided for employees of Contractor or any subcontractor shall be fully integrated, and Contractor shall not permit its employees to perform their services in any locations under its control where segregated facilities are main- tained. i. The Contractor and each subcontractor shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and for inspecting and copying such books, records, accounts and other material as may be pertinent to compliance with the Order and the rules and regulations promulgated pursuant thereto by the City. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purposes of the Order and the Act. 2 . AFFIRMATIVE ACTION ACTS a. In performance of all contracts, the Contractor will comply with the Affirmative Action Guidelines of Executive Order 11246 and the implement- ing regulations and documents thereof. b. In performance of all contracts in the amount of $10,000 or more: Contractor will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, and the implementing regulations and documents and shall have on file a written affirmative action policy, which has the stated work force goals of 18 .2% minority persons and 6.9% females, and must follow the hiring practices specified in subsection C, below. Additionally, Contractor agrees to the following provisions: (1) The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S .C. 1701u. Section 3 -25- requires that, to the greatest extent feasible, opportunities for training and employment are given to lower income residents of the project area and contracts for work in connection with the project = are awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The Contractor will send to each labor organization or representa- tive of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers ' representative of his commit- ments under this Section 3 clause and shall post copies of the = notice in conspicuous places available to employees and applicants for employment or training. . (4) The Contractor will include this Section 3 clause in every subcon- tract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial _ assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development as set forth in 24 CFR 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the require- ments of these regulations. (5) Compliance with the provisions of Section 3, the regulations set -forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contrac- tors and subcontractors, its successors and assigns, to those sanctions specified by the grant, loan agreement or contract through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135. C. In performance of all contracts in the amount of $50,000 or more, and where the Contractor employs more than twenty-five non-construction employees, the Contractor must promulgate a specific affirmative action plan, and must take specific affirmative action to ensure equal employment opportunities. Contractor shall implement affirmative action steps at .. least as extensive as the following: -26- EM (1) Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superinten- dents and other on-site supervisory personnel are aware of and are carrying out the Contractor's obligations to maintain such a working environment, with specific attention to minority and female individuals working at such sites or in such facilities. The Contractor, where possible, will assign two or more women to each construction project. (2) Establish and maintain a current list of minority and female recruitment sources and provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations ' responses . (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the City when the union or unions with which the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeships and trainee programs relevant to the Contractor' s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subsection (2) above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obliga- tions; by including it in any policy manual and collective bargain- ing agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. -27- (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, lay-off, termina- tion or other employment decision, including specific review of these items with on-site supervisory personnel, such as superinten- dents and general foremen, prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the name and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (8) Disseminate the Contractor' s EEO policy externally by including highlights of it in any advertising in the news media, specifically including minority and female news media, and providing written notification to, and discussing the Contractor's EEO policy with, other contractors and subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs . Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after- school, summer and vacation employment to minority and female youths, both on the site and in other area of the Contractor's work force. (11) validate all tests and other selection requirements where there is an obligation to do so under 41 CFR, Part 60-3 . (12) Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and .r encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (13) Ensure that seniority practices, job classifications, work assign- ments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment- related activities to ensure that the EEO policy and the Contrac- tor' s obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non-segregated except as separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations for subcontracts from minority and female construction contractors and suppliers, -28- including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors ' adherence to and performance under the Contractor's EEO policy and affirmative action obligations. a d. The Contractor shall designate a responsible official to monitor all employment-related activities to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the City and to keep records of the same. Records for each employee shall at least include: the employee's name; address; telephone number; construction trade; union affiliation, if any; employee identification number where assigned; social security number; race; sex; status; dates of changes in status; hours worked per week in the indicated trade; rate of pay; and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable } form; however, to the degree that existing records satisfy this require- ment, Contractor shall not be required to maintain separate records. 3 . COPELAND ANTI-KICKBACK ACT In any contract involving construction or repair, Contractor agrees to comply, and shall require its subcontractors to comply, with the provisions of the Copeland "Anti-Kickback Act" (18 U.S.C. 874) , as supplemented in Department of Labor regulations (29 CFR Part 3) . This Act provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any.person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitled; and, if found guilty of doing so, shall be fined not more than $5, 000 or imprisoned not more than five (5) years, or both. 4. DAVIS-BACON ACT In any contract for construction in excess of $2, 000 : Contractor agrees to comply, and shall require its subcontractors to comply, with the provisions of the Davis-Bacon Act (40 U.S.C.' 276a to a-7) . This Act requires contractors to pay wages to laborers and mechanics at a rate not less than the minimum wages specified 'in a wage determination made by the Secretary of Labor and to pay wages not less often than once a week. Specifically, Contractor agrees to comply with the following Department of Labor regulations (29 CFR Part 5) : a. Minimum Wages All laborers and mechanics employed or working upon the site of the work performed pursuant to this contract will be paid unconditionally and not less often than once a week, and without subsequent deduction or •rebate on any account (except such payroll deductions as are permitted by regula- tions issued by the Secretary of Labor under the Copeland Act) , the full amount of wages and bonafide fringe benefits (or cash equivalents thereof) due at the time of payment, computed at rates not less than those contained in the wage determination of said Secretary of Labor (which is attached hereto and made a part hereof) , regardless of any contractual relationship which may be alleged to exist between the Contractor and such -29-