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HomeMy WebLinkAboutContract 25969 CITY SECRETARY CRCTE�ON AI D.O.E. FILE CONTRACTOR'S BONDING CO. SPECIFICATIONS CONSTRUCTION'S COPY • CLIENT DEPARTMENT AND CONTRACT DOCUMENTS MERCADO DE FORT WORTH PLAZA IMPROVEMENTS D.O.E. 3001 IN THE CITY OF FORT WORTH, TEXAS 2000 KENNETH L. BARR BOB TERRELL MAYOR CITY MANAGER HUGO A.MALANGA PE -DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A.DOUGLAS RADEMAKER, PE - DIRECTOR DEPARTMENT OF ENGINEERING ONICIAL WORD r_- 61 F City of Fort Worth, Texas "agoir And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/30/00 **C-18041 1 30MERCADO 1 of 2 SUBJECT AWARD OF CONTRACT TO IMPERIAL CONSTRUCTION, INC. FOR CONSTRUCTION OF MERCADO DE FORT WORTH PLAZA IMPROVEMENTS, PHASE II RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Imperial Construction, Inc. in the amount of $119,579.90 and sixty calendar days for Mercado de Fort Worth Plaza Improvements, Phase II. DISCUSSION: On March 11, 1999 (M&C C-17314), the City Council authorized the City Manager to execute Amendment No. 1 with Genesis Design Group, Inc. for the design of the Mercado de Fort Worth Plaza Improvements located at 1430 North Main Street. The Mercado de Fort Worth Plaza Improvements will provide pedestrian access from North Main Street to the completed Mercado de Fort Worth Alleyway Improvements and access for the renovated Roseland Theatre that is under construction. The plaza improvements will include a circular raised stage with an ornamental iron and a masonry backdrop. The stage faces a lawn area and mirrors a second stage, which adjoins the existing alleyway. A variety of natural and stained concrete with stone- paved accented walkways create the link from North Main Street to the Alleyway. Built-in seating, ornamental lighting, grass sod, and electrical provisions for special events are also included in the proposed plaza improvements. Drainage considerations include piping to control the impact of development on adjacent property. The funding for this contract will come from Community Development Block Grant funds in the amount of $72,800.00 and Council District No. 2 Undesignated Funds in the amount of $46,779.90. Also, Council District No. 2 Undesignated Funds will be used for construction inspection in an amount not to exceed $4,540.00. The balance of the Council District No. 2 Undesignated Fund Account will be $35,182.00 after this deduction. Project funding to date includes the following: Genesis Design Group, Inc. Contract $ 27,200 Imperial Construction (Low Responsive Bidder) $119,580 Construction Inspection 4,540 TOTAL $151,320 This project was advertised for bid on March 9 and 16, 2000. On April 6, 2000, the following bids were received: City of Fort Worth, Texas 4Vayor and Coun"K Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/30/00 **C-18041 30MERCADO 2 of 2 SUBJECT AWARD OF CONTRACT TO IMPERIAL CONSTRUCTION, INC. FOR CONSTRUCTION OF MERCADO DE FORT WORTH PLAZA IMPROVEMENTS, PHASE II BIDDERS AMOUNT TIME OF COMPLETION Intrepid Contractors, Inc. $ 93,552.00 Imperial Construction, Inc. $119,579.90 60 Calendar Days Sprinkle 'N' Sprout Irrigation/Landscaping $130,325.00 Extra Mile, Inc. $138,240.74 Architectural Utilities, Inc. $150,569.65 Walt Williams Construction, Inc. $170,813.99 The apparent low bidder, Intrepid Contractors, Inc., failed to acknowledge receipt of Addendum No. 1. The apparent low bidder also qualified his bid. For these reasons, staff has considered Intrepid Contractors, Inc. non-responsive and recommends award of contract to the second low bidder, Imperial Construction, Inc. Imperial Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 27% M/WBE participation. The City's goal on this project is 27%. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Street Improvements Fund and the Grants Fund. RG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Ramon Guajardo 6191 CITY COUNCIL Originating Department Head: MAY 30 2000 A.Douglas Rademaker 6157 (from) !, GS67 541200 020670355290 $46,779.90 Additional Information Contact: GR76 541200 013206122790 $72,800.00 City Seasetn of the GS67 531350 020670355290 $ 4,540.00 City of Fort Worth,Teras A.Douglas Rademaker 6157 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING CONSULTANT SERVICES DIVISION ADDENDUM NO. 1 MERCADO DE FORT WORTH PLAZA IMPROVEMENTS DOE NO. 3001 RELEASE DATE:April 5,2000 INFORMATION TO BIDDERS: The Specifications and Contract Documents for the above mentioned project are revised and amended as follows: This addendum is to clarify several items shown in the plans but not represented by a line item in the proposal. 1. The Stage Slab and Foundation will be paid under Pay Item No. 12"Concrete Paving with Rock Salt Finish." 2. The ornamental fencing shall be subsidiary to the contract and no separate payment will be made. 3. The painting specified in the plans shall be subsidiary to the contract and no separate payment will be made. 4. The benches specified on the plans will be subsidiary to Pay Item No.8"Split Face CMU." Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. RECEIPT ACKNOWLEDGED: A.DOUGLA RADEMAKER,P.E. DIRECTOR EPARTMENT OF ENGINEERING By: k Trice,P.E. anager,Consultant Services 4 TABLE OF CONTENTS PROJECT MANUAL PROJECT: MERCADO DE FORT WORTH PLAZA IMPROVEMENTS LOCATION: Fort Worth, Texas DATE: February 23, 2000 BIDDING AND CONTRACT REQUIREMENTS 1. NOTICE TO BIDDERS 2. SPECIAL INSTRUCTIONS TO BIDDERS 3. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT REQUIREMENTS 4. FEDERAL WAGE RATES 5. VENDOR COMPLIANCE TO STATE LAW 6. MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS 7. PROPOSAL ;,T 8. SPECIAL PROVISIONS DIVISION 1- GENERAL REQUIREMENTS SECTION 01090 DEFINITIONS AND STANDARDS SECTION 01220 PROGRESS MEETINGS SECTION 01300 SUBMITTALS JIM SECTION 01331 TIME EXTENSION-WEATHER SECTION 01340 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES SECTION 01410 TESTING LABORATORY SERVICES SECTION 01510 TEMPORARY FACILITIES SECTION 01511 PROJECT SIGN SECTION 01520 GENERAL CONTRACTORS PREPARED CONST. PROGRESS SCHEDULE SECTION 01710 CLEANING SECTION 01720 PROJECT RECORD DOCUMENTS SECTION 01740 WARRANTIES AND BONDS DIVISION 2- SITEWORK SECTION 02140 SITE CLEARING SECTION 02210 EARTHWORK SECTION 02225 FOUNDATION EXCAVATION, AND BACKFILLING SECTION 02400 TRENCH SAFETY- SHEETING AND SHORING SECTION 02507 SUBGRADE PREPARATION SECTION 02810 LANDSCAPE IRRIGATION SYSTEM SECTION 02900 LANDSCAPE PLANTING TABLE OF CONTENTS 1 DIVISION 3- CONCRETE SECTION 03302 CONCRETE PADS AND WALKS DIVISION 4- MASONRY SECTION 04100 MORTAR SECTION 04200 CONCRETE UNIT MASONRY DIVISION 5- METALS SECTION 05500 MISCELLANEOUS STEEL AND METAL FABRICATIONS DIVISION 6- WOODWORK REFERENCE DRAWINGS DIVISION 7- THERMAL AND MOISTURE PROTECTION SECTION 07900 JOINT SEALERS DIVISION 8- NOT USED DIVISION 9- FINISHES SECTION 09900 PAINTING SECTION 09930 PAVERS (REFERENCE DRAWINGS) DIVISION 9 thru DIVISION 15 NOT USED DIVISION 16 - ELECTRICAL REFERENCE DRAWINGS. 9. CERTIFICATE OF INSURANCE 10. CONTRACTOR COMPLIANCE= WITH WORKER'S COMPENSATION LAW 11. EQUIPMENT SCHEDULE 12. EXPERIENCE RECORD 13. PERFORMANCE BOND 14. PAYMENT BOND 15. CONTRACT TABLE OF CONTENTS 2 NOTICE TO BIDDERS Sealed proposals for the following: FOR: MERCADO DE FORT WORTH PLAZA IMPROVEMENTS DOE #3001 Addressed to Mr.Bob Terrell,City Manager of the City of Fort Worth,Texas will be received at the Purchasing Office until 1:30 PM,Thursday,April 6,2000 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans,Specifications and Contract Documents for this project may be obtained at the Office of the Department of Engineering,Municipal Office Building, 1000 Throckmorton Street,Fort Worth,Texas. One set of documents will be provided to prospective bidders for a deposit of$20.00;such deposit will be refunded if the document is returned in good condition within(10)days after bids are opened. Additional sets may be purchased on a nonrefundable basis for twenty dollars($20.00)per set. These documents contain additional information for prospective bidders. Bid security is required in accordance with the Special Instruction to Bidders. M The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the MIWBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation')as appropriate is received by the City. The award of contract,if made,will be within forty-nine(49)days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 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 nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at 817-871-7910. In accord with City of Fort Worth Ordinance No. 11923,as amended,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contract. A copy of the Ordinance can be obtained from the Office of the City Secretary. In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation')as appropriate. The documentation must be received no later than 5:00 PM,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid nonresponsive. For additional information,contact Bryan Beck(City of Fort Worth)at(817)871-7909 or Floyd Schexnayder(Architect, Genesis)(972)660-4060.. BOB TERRELL GLORIA PEARSON CITY MANAGER CITY SECRETARY A.D Rademaker,P.E. Direct ,D nt OTE ngm�eerin By / Rick Trice,P.I. Manager,Engineering Services Advertising Dates: March 9,2000 Marcti 16,2000 yr 9 SPECIAL INSTRUCTION TO BIDDERS PM 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bond,(1)the name of the surety shall be included on the current U.S.Treasury,or(2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth(1/10)the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection,the successful bidder shall be required to furnish a performance bond as ® well as payment bond,both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds fumished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas,as .. amended. In order for a surety to be acceptable to the City,(1)the name of the surety shall be included on the current U.S.Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth(1/10)of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000 a Payment Bond shall be executed,in the amount of the contract,solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000,a Performance Bond shall be executed,in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of fort Worth. 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY:In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. 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. 6. WAGE RATES:All bidders will be required to comply with provision 5159a of"Vernons Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth,Texas and set forth in Contract Documents for this project. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$250,000 each person, $500,000 each occurrence;Property Damage-$300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in y. which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. w This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923,as amended,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary.In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate. The Documentation must be received no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiation action under w appropriate federal,state or local laws or ordinances relating to false statement; further,any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three(3)years. 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder.The City W reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate is received by the City. The award of contract, if made,will be within forty-nine(49)days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 12. PAYMENT: The Contractor will receive full payment(minus 5%retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non- responsive. 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage a.Definitions: Certain 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 worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the 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 contracted directly with the contractor and 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 toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the project. 1 c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. RK 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 ON coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide �. to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. 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 with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and W RN (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. r (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten(10)days after the person knew or should have known,of any change that FF materially affects the provision of coverage of any person providing services on the project;and W (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. FE j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's VW 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 vp insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker"compensation insurance.This includes persons providing,hauling *� or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 15. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 16. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall, in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this +� Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. r 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on W the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. rt Revised March 15, 1996 EFFECTIVE APRIL 1. 1990 DEPARTMENT OF HQUSIN6 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. EXECLRIVE ORDER 11246, EQUAL OPPORTUNITY CLAUSE: SECTION 202 During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 19650 and with the rules, regulations and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department of Housing and Urban Development ("the Department") and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. — 1 — f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the sentence immediately preceding Paragraph a and the provisions of Paragraphs a through g in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. h. The Contractor shall submit a certification and shall require each of its subcontractors to submit a certification that all facilities provided for employees of Contractor or any subcontractor shall be fully integrated, and Contractor shall not permit its employees to perform their services in any locations under its control where segregated facilities are maintained. 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 maybe pertinent to compliance with the Order and the rules and regulations promulgated pursuant thereto by the City. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purposes of the Order and the Act. f 2. AFFIRMATIVE ACTION ACTS a. In performance of all contracts, the Contractor will comply with the Affirmative Action Guidelines of Executive Order 11246 and the implementing regulations and documents thereof. b. In performance of all contracts in the amount of $10,000 or more: Contractor will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 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 - 2 - Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment are given to lower income residents of the project area and contracts for work in connection with the project are awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development as set forth in 24 CFR 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of . regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3. the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient , its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant, loan agreement• or contract through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135. C. In performance of all contracts in the amount of $50,000 or more. Lad where the Contractor employs more than twenty—five non—construction employees. the Contractor must promulgate a specific affirmative action plan, and must — 3 — take specific affirmative action to ensure equal employment opportunities. Contractor shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain a working environment free of harassment , intimidation and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and are carrying out the Contractor's obligations to 'maintain such a working environment, with specific attention to minority and female individuals working at such sites or in such facilities. The Contractor, where possible, will assign two or more women to each construction project. (2) Establish and maintain a current list of minority and female recruitment sources and provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the -union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the City when the union or unions with which the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the _union referral process ha's impeded the Contractor's efforts •to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeships and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subsection (2) above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. - 4 - (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, lay-off, termination or other employment decision, including specific review of these items with on-site supervisory personnel , such as superintendents and general foremen, prior to the initiation of construction work at any job site-. A written record shall be made and maintained identifying the name and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (8) Disseminate the Contractor's EEO policy externally by including highlights of it in any advertising in the news media, specifically including minority and female news media, and providing written notification to, and discussing the Contractor's EEO policy with, .other contractors and subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after-school, summer and vacation employment to minority and female youths, both on the site and in other area of the Contractor's work force. (11) Validate all tests and other selection requirements where there is an -obligation to do so under 41 CFR, Part 60-3. (12) Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (13) Ensure that seniority practices, job classifications, work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non-segregated except as separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. - 5 - (15) Document and maintain a record of all solicitations for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policy and affirmative action obligations. d. The Contractor shall designate a responsible official to monitor all employment-related activities to ensure that the company EEO policy is being carried out, to - submit reports relating to the provisions hereof as may be required by the City and to keep records of the same. Records for each employee shall at least include: the employee's name; address; telephone number; construction trade; union' affiliation, if any; employee identification number where assigned; social security number; race; sex; status; dates of changes in status; hours worked per week in the indicated trade; rate of pay; and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractor shall not be required to maintain 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 entitle; and, if found guilty of doing so, shall be fined not more than $5,000 or imprisoned not more than five (5) years, or both. 4. 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 Mages All laborers and mechanics employed or working upon the site of the work on performed pursuant to this contract will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act), the full amount of wages and bonafide fringe benefits (or cash equivalents thereof) due at the time of payment, con4outed at rates not less than those contained in the wage determination of said Secretary of Labor (which is attached hereto and dw - 6 - r made a part hereof), regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bonafide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Paragraph d of this clause; also, regular contributions made or costs incurred for more than a weekly period under plans, funds or program which occur the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classifications of work actually performed without regard to skill, except as provided in the clause entitled "Apprientices and Trainees." Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under Paragraph b of this clause) and the Davis-Bacon poster shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where they can easily be seen by the workers. b. Employment of Laborers or Mechanics not listed in Aforesaid Wage Determination Decision (1) The City shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under this Contract shall be classified in conformance with the wage determination. The City shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (a) The work to be performed by the classification requested, is not performed by a classification in the wage determination; (b) The classification is utilized in the area by the construction industry; and (c) The proposed wage rate, including any bonafide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification or their - representatives and the City agree on the classification and wage rate, including the amount designated for fringe benefits, where appropriate, a report of the action taken shall be sent by the City to the Administrator of the Wage and Hour Division, Employment Standards Administration, United States Department of Labor. The Administrator, or an authorized representative, will approve, modify or disapprove every additional classification action within 30 days or receipt and so advise the City or will notify the City within the 30-day period that additional time is necessary. - T - ae (3) In the event the Contractor, the laborers or mechanics to be employed in the classification, and the City do not agree on the proposed classification and wage rate, including the amount designated for fringe benefits, where appropriate, the City shall refer the questions, including the reviews of all interested parties and the recommendations of the City, to the Administrator for determination. The Administrator of the Wage and Hour Division, or an authorized representative, will issue a determination within 30 days of receipt and will so advise the City or will notify the City within the 30-day period that additional time is necessary. (4) The wage rates determined pursuant to the above provisions shall be paid to all workers * performing work in the classification under this Contract from the first day on which work is performed in the classification. c. Fringe Benefits Not Expressed as Hourly Wage Rates Whenever the minimum wage rate prescribed in this Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay either bonafide fringe benefits or an hourly cash equivalent thereof. d. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or third person,he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract, provided, however, the Secretary of Labor has found. upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. _ The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor with respect to fringe benefits being provided by the Contractor must be submitted to the City with the first payroll filed by the Contractor subsequent to receipt of the findings. e. Underpayments of Wages or Salaries The City shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this Contract or any other federal contract with the same prime Contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the Contractor or any subcontractor, the full amount of wages required by this Contract. In the event of Contractor's failure to properly pay any laborer or mechanic, including any apprentice, trainee or helper employed or working on the site - 8 - of the work, the City may, after written notice to the prime Contractor, take such action as may be necessary to cause a suspension of any further payment, advance or guarantee of funds until such violations have ceased. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the subcontractor, to their respective laborers or mechanics to whom the same is due or on their behalf to plans, funds or programs for any type of fringe benefit prescribed in applicable wage determination. f. Payrolls and Basic Payroll Records of Contractor and Subcontractors (1) Payrolls and basic records relating to the work performed under the terms of this Contract shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address and social security number of each such worker, his or her correct classification, hourly rate of wages paid (including rates of contributions or costs anticipated for bonafide fringe benefits or cash equivalents thereof), daily and weekly number of hours' worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing benefits under a plan or program described by the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and the cost anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprenticeships and trainees, and the ratios and wage rates prescribed in the applicable program. (2) (a) The Contractor shall submit weekly a copy of all payrolls to the City if the City is a party to the Contract, but if the City is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the City. The payroll submitted shall set out accurately and completely all of the information required to be maintained under Paragraph (1) of this Section. The information shall be submitted in a form approved by the City. The Contractor is responsible for the submission or copies of payrolls by all subcontractors. (b) Each payroll submitted shall be accompanied by a "statement of compliance", signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons " employed under the Contract and shall certify the following: PF (i) That the payroll for the payroll period contains the information required to be maintained under Paragraph (1) of this Section and that such information is correct and complete; — 9 — (ii) That each laborer or mechanic employed on this Contract during the payroll period has been paid the full weekly wages earned, . without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly, from the full wages earned, other than permissible deductions. (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalent for the classification of work performed, as specified in the applicable wage determination incorporated into this Contract. (c) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Sec. 1001 of Title XVIII and Sec. 231 of Title XXXI of the United States Code. (3) The Contractor or subcontractor shall make the records required under Paragraph (1) of this section available for inspection, copying, or transcription by the City or the Department of Labor or their authorized representatives. The Contractor and subcontractors shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the City may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. g. Employment of Apprentices and Trainees (1) Aoprent� will be permitted to work at less than the predetermined Bate for the work they performed when they are employed pursuant to and individually registered in a bonafide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administratian, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprenticeship wage rate, who is not registered or otherwise employed as stated above shall be paid not less than the applicable wage rate on the wage determination for the classification of work actuall-y performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the — 10 — applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor' s or subcontractor' s registered program shall be observed. Every apprentice must be paid at no less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a state apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be. permitted to. utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for work performed until an acceptable program is approved. (3) Eaual Emolovment Ogoortunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part- 30. h. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, to be made from wages actually earned by personssoemployed or to be employed in such classifications, in accordance with the provisions of this Contract, shall be posted at appropriate conspicuous points at the site of work. i. Claims and Disputes Pertaining to wage Rates Claims and disputes pertaining to wage rates or to the classification of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the City for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Contractor will comply with all provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as supplemented by Department of Labor Regulations (29 CFR, Part 5). Specifically, Contractor will comply with the following standards: a. Overtime Compensation No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his or her basic rate of pay for all hours worked in excess of 40 hours in such workweek. b. Violation: Liability for Unpaid Wages: Liquidated Damages In the event of any violation of the clause set forth in Paragraph a of this section, the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his or her unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in Paragraph a of this section. - 12 - c. withholding for Unpaid Wages and Liquidated Damages The City shall , upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the Contractor or subcontractor under any contract or any other Federal contract with the same Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in Paragraph b of this section. d. Subcontracts The Contractor shall insert in all subcontracts the clauses set forth in Paragraphs a, b, and c of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in this section. 6. CHILD LABOR ACT Contractor will comply with the Child labor provisions of the Fair labor Standards Act, 29 U.S.C. 212-319 and that Act's implementing regulations, found at 29 CFR 570. This Act prohibits the paid or unpaid employment of individuals under the age of 18 years on any construction project. 7. MISCELLANEOUS PROVISIONS a. Coaplaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any compliant or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. b. Questions concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor. United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statue, shall be referred, through the City and the Secretary of Housing and Urban Development, to the Secretary -of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. - 13 - C. Provisions to be Included in Subcontracts The Contractor or subcontractor shall insert in any subcontract the above-specified clauses entitled "3. COPELAND ANTI-KICKBACK ACT", "4. DAVIS-BACON ACT", "5. CONTRACT 'WORK HOURS AND SAFETY STANDARDS ACS", "6. CHILD LABOR ACT", "7. MISCELLANEOUS PROVISIONS" and such other clauses as the• City may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all the contract clauses cited above. d. Breach of Foregoing Federal Labor Standards Provisions In addition to the causes for termination of this Contract, as herein elsewhere set forth, the City reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of the foregoing Federal Labor Standards provisions. A breach of these Federal Labor Standards provisions may also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. e. Employment Practices The Contractor shall (1), to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) insert or cause to be inserted this provision in each construction subcontract. f. Contract Termination; Debarment ► A breach of any of the Acts or regulations specified' in Paragraph c,. above, may be grounds for termination of this Contract and for debarment as a Contractor and a subcontractor, as provided in 29 CFR 5.12. g. Disputes Concerning Labor Standards Disputes arising out of the Labor Standards provisions of this Contract shall not be subject to the General Disputes Clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR, Parts S. 6 and 7. Disputes, within the meaning of this Clause, include disputes between the Contractor or any of its subcontractors; and the City, the U.S. Department of Labor, their employees or representatives. h. Certification of Eligibility (1) By entering into this Contract, the Contractor certified that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Sections 3(a) of the Davis-Bacon Act or 29 CFR 5.12(x)(1). - 14 - (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of the above-mentioned sections. .8. CLEAN AIR AND WATER ACT a. Contractor shall compl with all requirements of Section 114 of the Clean Air Act, as amended 142 U.S.C. 1857, et seq.), and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this Contract. b. No portion of the work required by this Contract will be performed in a facility listed on the EPA List of Violating Facilities on the date when this Contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. c. Contractor shall use its best efforts to comply with clean air standards and clean water standards at all facilities in which the Contract is being performed. d. Contractor shall insert the substance of the provisions of this clause into any non-exempt subcontract, including this Paragraph. 9. LEAD BASED PAINT HAZARD In all contracts for construction or rehabilitation of residential structures, the Contractor and all subcontractors shall comply with the Lead-Based Paint regulations found in 24 CFR 35 and shall comply with the provisions for the elimination of lead-based paint hazards under Sub-Part B thereof. 10. RESPONSIBILITY OF CONTRACTOR REGARDING REPORTS Contractor will comply with the requirements of the City of Fort Worth's Department of Housing and Human Services regarding the compiling and reporting of statistical information required by the Federal regulations outlined above. Specifically, Contractor agrees to submit all completed reports according to the instructions and requirements of the Fort Worth Department of Housing and Human Services, and Contractor understands the failure to do so may be cause for termination of this contract. 11. CERTIFICATION AND ACKNOWLEDGMENT I certify that I have read and understand the information regarding my y obligations as a Contractor on a project funded by the United States Department a - 15 - of Housing and Urban Development, which is contained in the preceding Contract provisions. I understand that, should I have any questions regarding my obligations, I will as soon as possible contact the Fort Worth Department of Housing and Human Services staff member who is assigned to monitor this Contract. Contractor l By: iz Title , 11;OrZ- ", — 16 — U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 CFR 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the Contract whether they have participated in any previous contract or subcontract subject to the Equal Opportunity Clause; and, if so, whether they have filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: /�� Jy0-X 16,7 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ED/'No ❑ (If answer is yes, identify the most recent contract.) .d LE. 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes [g No ❑ 3. Bidder has filed all compliance reports due under applicable instructions, includin LF-100. Yes No 4. If answer to item 3 is "No," please explain in detail on reverse side of this certification. Certification - The information above is true and complete to the best of my knowledge and belief. ! ��and t�Ie of Signer (Please 7y(p�.e)�n Signature Date - 17 - U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION REGARDING LOBBYING i The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or f cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting.. to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. ,A S gnatur�e� L ►`� P - fPS�CIPn 1 Title Date U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, l the duly authorized and acting legal representative of tttx 66A1 GO(VtLz , do hereby certify as follows: It I have examined the attached Co ntr�t(s) and sorely bonds and the manner of execution thereof, and I am of the that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Date: — 19 — General Decision Number r x00045 Superseded General, Decision No. TX99CC45 State : TEXAS Construction Type: HEAVY HIGHWAY County(ies) : COLLIN GRAYSOk/ JZOCKWALL DALLAS JOHNSOkj TARRANT DENTON KAUFMAd 'N I CH I TA ELLIS PARKER HEAVY AND HIGHWAY CONSTRUCTION PROJECT6 IN WICHITA COUNTY ONLY. HIGHWAY CONSTRUCTION PR04ECTS ONLY FDF REMAINING COUNTIES Modification Number Pal;lication Date 0 02/11/2000 TX000045 =age: I COUNTY(ies) COLLIN GRA YSO: ROCKWALL DALLAS JOHNSC - TARRANT DENTON KAUF MA. WICHITA ELLIS PARKER SUTX2043A 03/26/1998 Rate-; Fringes AIR TOOL OPERATOR 9. 00 ASPHALT RAKER 9. 55 ASPHALT SHOVELER &. 80 BATCHING PLANT WEIGHER 11 ,51 CARPENTER 1.0.30 CONCRETE FINISHER-PAVING 10.50 CONCRETE FINISHER-STRUCTU = cl.83 CONCRETE RUBBER e,84 ELECTRICIAN .j jS.3 7 FLAGGER '7 .55 FORM BUILDER-STRUCTURES 9.82 FORM LINER-PAVING & CURB 9.00 FORM SETTER-PAVING & CURB 9 .24 FORM SETTER-STRUCTURES 9 . C9 LABORER-COMMON 7.32 LABORBR-UTILITY S .94 MECHAN I C .t<68 OILER 10.17 SERVICER 9.41 PAINTER-STRUCTURES Ir. 00 PIPE LAYER &.98 BLASTER 1 ►.50 ASPHALT DISTRIBUTOR OPERA 2 10. 29 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 MACi•i. IS 10. 42 CONCRETE PAVING JOINT SEA 9. 00 CONCRETE PAVING SAW 10. 39 CONCRETE PAVING SPREADER IC . 50 SLIPFORM MACHINE OPERATOR 9, 92 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVkL 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 . 966 TX000045 Paye: 2 PAVEMENT MARKING MACHINE 7. 32 ROLLER, STEEL WHEEL PLAN- IIX PAVEMENTS 9 . 06 ROLLER, STEEL WHEEL OTHEP FLATWHEEL OR TAMPING 8 .59 ROLLER, PNEUMATIC, SELF-} ',PELLED 8 . 48 SCRAPER 9. 63 TRACTOR-CRAWLER TYPE 10.58 TRACTOR-PNEUMATIC 9 .15 TRAVELING MIXER 6,83 WAGON-DRILL, BORING MACH. x.2.00 REINFORCING STEEL SETTER ✓IVIG 13. 21 REINFORCING STEEL SETTER STRUCTURES ,j:3,31 STEEL WORKER-STRUCTURAL 1x1. 80 SPREADER BOX OPERATOR X0.00 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 E. 77 TRUCK DRIVER-LOWBOY/FLOAT 10.44 TRUCK DRIVER-TRANSIT MIX 43.47 TRUCK DRIVER-WINCH 9.00 VIBRATOR OPERATOR-HAND T� 7, 32 WELDER II, 57 ------------------------- ---- --- . •------- ------------ -- Unlisted classifications ;waded for Wyk 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 WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an inikial decision in the matter? This can be : * an existing p-;blished wage ietermination * a survey underlying a wage determination * a Wage and Hour Division ifeter setting forth a position on a •:3ge determination matter * a conformance (additional classification and rate) ruling On survey related matters. initial con-.;act, including requests for summaries of surveys, -!zould be w'..-h the Wage and Hour Regional Office for the awe3 in whict' th-3 survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not s►atisfactcry, then the n_ rocess described in 2. ) and 3 . ) should be followed_ TX000045 Page: 3 V with regard cc any other matter noc yet ripe for the formal process described here, initial contact should be with the Branch of construction Wage Determinations . „kite to: Branch of Construction Nage Determinations Wage and Ncur Division U. S. Department of Labor 200 Constitution Avenue N. W. Washington D. C. 202.10 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 thee: and Hour Administrator (See 29 CFR Parr- 1 .8 and 2c) CFR Part Write t0: Wage aAd Hour Adr►u nistrator U.S. Department of Labor 200 Constitution Avenue, N. W. 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 praCteee�, material. , etc . ) that the requestor considers relevant to the i66+4e• 3. ) If the decision of the.Administrator is not favorable, an interested party may appealdirectly to the Admir,istraci.ve Review Board (formerly the Wage Appeals BodM.- Write -to Administrative Revi.ew Board U. S. Department of Labor 200 Cpnstitution Alrenue, N. W. Washington, D. C. 20210 4.) All decisions by the kaministratiVe. 1Zeview Board are final . END OF GENERAL CECISION TX000045 Y:sge: 4 General Decision Number 00045 Superseded General Decis: t }vo. TX990046 Scate: TEXAS Construction Type: HEAVY County(:Les) JOHNSON PARKED- TARRANT Heavy Construction Proje (Includir ,dater and Sewer Lines) ,modification Number Publication aatce. 0 02/11/2000 --------------------------- ------------- --------- - ----------------- r' TX000046 Page : 1 COUNTY(ies) : JOHNSON PARKER TARRANT PLUM0146B 05/01/1999 Rates Fringes PLUMBERS/PIPEFITTERS 19. 83 3 . 09 SUTX2047A 06/01/199 rtes Fringes CARPENTERS 10.40 $3 .64 CONCRETE FINISHERS 9. 81 ELECTRICIANS 1„3.26 FORM SETTERS -7.86 LABORERS: Common 6.37 Utility 5.09 PAINTERS k0. 89 PIPELAYERS 8143 POWER EQUIPMNENT OPERATORS: Backhoe 11 .89 3 . 30 Bulldozer 10 .76 Crane '13 .16 3 .30 Front End Loader 1.0. 54 Mechanic 10 . 93 Scraper 10. 00 REINFORCING STEEL SETTERS i0.64 TRUC7C-DRIVERS ----------- ---- 7.34------ -------------- WELDERS - Receive rate pre .ribed for aft performing operation to which welding is incidental. . =cam=3la�s=o�acxccarrar=cu. _._�aao:as7ra�_a.ara:�=�oexsc=mercer-9R� Unlisted classifications needed for work not included within the scope of the classifications listed m-?y be added Alter award only as provided in the labor standards cont .r.-act clauses (29 CFR?5. 5 (a 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 :.,age determination matter * a conformance (additional classification and rate) ruling on survey related matters. initial co-:tact, including requests 1P for summaries of surveys, should be with the Wage and Hour Regional Office for the a"r-ed in which -he survey was conducted because those Regional Off.leeas have re;soonsibility for the ------- ------------------- a ------------,..------------------ --------- TX000046 ?age: 2 Davis-Bacon survey program_ If the response from this initial contact is not satisfactory; then the %rocess described in 2. ) and 3 . ) should be followed,. With regard to any ocher "tier not yet ripe for the formal process described here, initial contact should be with the Branch of construction Wage Determinations . wrire to: Branch of Constructi or_ 11kiae Determ:.nations wage and Hma r Division U. S. Department of Laoor 200 Consti-tation Avenue X. W. Washington, D- C_ 202)O 2. ) If the answer to the question inC1.) is yes, then an interested party (those aft<-_cted by tbp- action) cal: rcquest review and reconsideration rom the Wage and Hour Administrator (See 29 CFR Part 1 .8 and 21.J CFR Part 'I) . Write to Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. WashirKiton, D. C. 2^210 The request should be accompanied by a fall statement of the 6: interested party's position and by any information. (wage payment data, project description, area practiem material, etc. ) that the requestor considers relevam 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 o: Labor 200 Constitution Avenue, N. V Washineton, D. C. 20210 4 .) All decisions by the Administrative Review Hoard are final. END CF GENERAL DECISION --------------------------- -. ------------- --3- --------------------- PROPOSAL TO: Mr. Bob Terrell City Manager Fort Worth, Texas FOR: MERCADO DE FORT WORTH PLAZA IMPROVEMENTS DOE#:3001 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 complete all the work as provided in the plans and specifications,and subject to the inspection and approval of the Department of Engineering Director of the City of Fort Worth. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated. ITEMIZED BID Description of item with Approximate Unit Price Total Amount Bid Prices written in words Quantity 1. Concrete Removal 500 Sq.Ft. $ 6.5.2 S34 �Oa � 00 Dollars 2. Asphalt Removal 1500 Sq.Ft. S 3• $ Jr�• UO Dollars 3. Cut and Fill 100 Cu.Yd. $J�6, �Os 5a a 00 Dollars .�p 4. Drainage Piping 150 Linear Ft. $ 87 $ 3�' 00 Dollars 5. Drainage Inlets 4 Units. $ '/l(O Dollars 00 6. Landscaping-Irrigation Lump Sum 7�5 Dollars i 7. Landscaping—Sod And Grading 2150 Sq.Ft. $ 0.30 00 Dollars I 8. Split Face CMU 400 Sq.Ft. $ '�7B S .iia 00 Dollars 9. Pavers and Installation 415 Sq.Ft. S s 67 'ov Dollars p 10.Concrete under Pavers 415 Sq.Ft. $ 1I .-7q•rS Uq3` 0 Dollars 11.Concrete Steps 80 Linear Ft. S vb Dollars 12.Concrete Paving 2075 Sq.Ft. S w/Rock Salt Finish Dollars i pO 13.Stained Concrete Paving 1500 Sq.Ft. w/Rock Salt Finish I Dollars vO 14.Electrical Lump Sum S Dollars qO Total Bid Amount , q,5 1 Dollars i. I� I �I. ■ This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction,are L subject to State sales taxes under House Bill 11,enacted August 15, 1991. • The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within Sixty(60) Calendar Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the"Prevailing Wage Rates for Street,Drainage and • Utility Construction'as established by the City of Fort Worth,Texas. Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars (S )is to be forfeited in the event the contract and bond are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. (Uwe), acknowledge receipt of the following addenda to the plans and specifications,all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) _ Addendum No.3 (Initials) Addendum No.2(Initials) Addendum No.4(Initials) Respectfully submitted: B Ju tL Jov\� t T►l f(-dl1 co n5tcdD y L « Address (D P410 SU C f e Telephone (SEAL)''// Date ATTACHMENT 1A Page 1 of 2 Ci of Fort Worth Minority and Women Business Enterprise S ,,gg i�id�is - �I+tI RINC/a FW —MBE/WBE UTILIZATION APR 12 PM 27 U )01 (.0 DRIME COMPANY NAME BID DATE Merc.aAo 1)Q 4\azolcnoc�r\ 0 t PROJECT NAME PROJECT NUMBER CM'S M/WBE PROJECT GOAL: a-7% MI BE PERCENTAGE ACHIE a, Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. Company Name, Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. _ Scope of Work(•) Supplied(*) O° m F- K U 2 Kn� ti� E\ec}c;crc,\ GnZ 53-1 'r e n tZ�►. ✓ E\eCA r;C rA .. F+. I�cx�'-Vic 776 NO l7iu. 16 A\\ E\et}r:ce.\ (� �►(a o�`l0,ick CA a C c cove ✓ ;VN •� 1� \\a ,Tjc —]5a . Zc enc; � I�G� �t •, �` �.�5'torne Ccs. Sr�te.\\oi4: Y ?.waw9�\ pu;�.�:n5 R� 5�ee1 �: C';�� M/WBE9 must be located in the 9(nine)county marketplace or currently doing business In the marketplace at the time of bid. (') Specify all areas In which MWBE's are to be utilized and/or Items to be supplied: (*) A complete listing of Items to be supplied Is required In order to receive credit toward the M/WBE goal. (")Identify each Tier level. Tier.Means the level of subcontracting below the prime contractor/consultant,Le.,a direct payment from the prime contractor to a subcontractor Is considered 1"tier,a payment by a subcontractor to Its supplier Is considered a tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.6/2/98 ATTACHMENT 1A Page 2 of 2 City of Fort Worth - Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION Company Name, Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. - Scope of Work(') Supplied(') o° Z X_ tett �a co�►�x. �� re, 1x-.7. 33 oja5 IZebac " -0Ca-kC4,b t o t`1 2�e ►c a�a h`� �1�•l;ryx 19St� �+e4x,�n x 7 � 6c,brace Ticsv�`�e ✓ (`�jrlCce�2 c vc,cY. ►� ...1 mr �5 M:x Car►cc�C2 .�,c1, I10 �lY �,O 3r,�c 195(0 i�iu�lesw. X " The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one(1)year. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Au o ed Si ature Printed Signature Title Contact Name and Title(if different) TM�¢c:�� Cc�ns'tccx i;ot�Zc+c. 6�di -641 -BaalD bll CR In-a98% Company Name Telephone Number(s) t�U. 910-1 'KI) a°I�t - Loto'i e Address Fax Number L4ew�hac c-yA X 7(dOL1,g C'A_/10 ZOO City/State/Zip Code Date �. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.612198 CITY OF FORT WORTH,TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: MERCADO DE FORT WORTH PLAZA IMPROVEMENTS DOE#:3001 1. SCOPE OF WORK: The work covered by these plans and specifications consist of 6"reinforced concrete paving over 2"sand cushion on compacted fill with thickset paver accents,and stained concrete accents. Split faced CMU walls and planters with iron fencing and ornamental lighting are also included within the scope of work. Additional landscaping with sprinkler system is included,and all other miscellaneous items of construction to be performed as outlined in the Plans and Specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT:Contract may not necessarily be awarded to the lowest bidder. The Y Y City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. Contract will be awarded to the lowest responsive bidder. 3. WORK ORDER DELAY:All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities,right-of-ways,easements and/or permits are cleared or obtained.The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. Easements on the plans are on record with the City of Fort Worth and are cleared for construction. Work occurring on private property has been cleared by the City of Fort Worth an shall be coordinated with owner of private property. 4. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 5. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of work to be done or materials to be furnished under any major pay item of the contract is more than 125%of the quantity stated in the contract,whether stated by Owner or by Contractor,then either party to the contract,upon demand,shall be entitled to negotiate for revised consideration on the portion of work above 125%of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75%of the quantity stated in the contract,whether stated by Owner or by Contractor, then either party to the contract,upon demand,shall be entitled to negotiate for revised consideration on the portion of work below 75%of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. N A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price,Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15%as described herein below,agreed upon in writing by the Contractor and Department of Engineering and approved by the City Council after said work is completed,subject to all other conditions of the contract. As used herein,field cost of the work will include the cost of all workmen,foremen,time keepers,mechanics and laborers;all materials,supplies, trucks,equipment rental for such time as actually used on such work only,plus all power,fuel,lubricants, water and similar operating expenses;and a ratable portion of premiums on performance and payment bonds,public liability,Workers Compensation and all other insurance required by law or by ordinance. The Director of the Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15%of the actual field cost to be paid to the Contractor shall cover and compensate him for profit,overhead,general supervision and field office expense and all other elements of cost and expense not embraced with the actual field cost as herein specified upon request,the Contractor shall provide the Director of Engineering access to all accounts,bills and vouchers relating thereto. 6. RIGHT TO ABANDON:The City reserves the right to abandon,without obligation to the Contractor,any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 7. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications,except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, g 1000 Throckmorton Street,2'Floor,Municipal Building,Fort Worth,Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown,then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 8. CONTRACT DOCUMENTS: Bidders shall not separate,detach or remove any portion,segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as"nonresponsive"and rejecting bids or voiding contract as appropriate and as determined by the Director of the Department of Engineering. 9. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship,or both,for a period of one(1)year from date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 10. CONSTRUCTION STAKING:Construction stakes for line and grade will be provided by the City as outlined on page 17,Standard Specifications for Construction,City of Fort Worth. 11. TRAFFIC CONTROL: The contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the"1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways"issued under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways,"codified as Article 6701d Vernon's Civil Statues,pertinent sections being Section Nos.27,29,30 and 31. The Contractor will not remove any regulatory sign,instructional sign,street name sign or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction,the Contractor shall contact the Transportation and Public Works Department. Signs and Markings Division (phone number 871-8075),to remove the sign. In the case of regulatory signs,the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications,the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. 12. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work,except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material,if any,which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval;and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time,his application for which shall,however,be subject to the approval of the City Council;and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 13. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades,warning and detour signs shall conform to the Standard Specifications"Barriers and Warning and/or Detour Signs,"Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with"1980 Texas Manual on Uniform Traffic Control Devices,Vol.No. I." 14. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material,the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"),of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth(Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit,including any necessary engineering studies,shall be at the contractors expense. In the event that the contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site,upon notification by the Director of Engineering,contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 15. ZONING REQUIREMENTS: During the construction of this project,the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 16. QUALITY CONTROL TESTING: (a) The contractor shall furnish,at its own expense,certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate,cement and mortar which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City.The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the contractor for operations requiring testing. The contractor shall provide access and trench safety system(if required)for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 17. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 18. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: k (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels,drilling rigs,pile drivers,hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de- energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph(c). 19. WATER DEPARTMENT PRE-QUALIFICATIONS: Any contractor performing any work on Fort Worth 1 water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 20. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photo copy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of copies as follows: 1. 50 copies and under $0.10 per page. 2. More than 50 copies $0.85 for first page plus$0.15 for each page thereafter. (d) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract and further,that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in 1� compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." y� I SECTION 01090 - DEFINITIONS AND STANDARDS 1. GENERAL 1.01 F-•_ATED DOCUMENTS: A Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification sections, apply to work of this section. 1.02 DESCRIPTION OF REQUIREMENTS: A General: This section specifies procedural and administrative requirements for compliance with governing regulations and the codes and standards imposed upon the work. These requirements include the obtaining of permits, licenses, inspections, releases and similar documentation, as well as payments, statements and similar requirements associated with regulations, codes and standards. 1) "Regulations' is defined to include laws, statutes, ordinances and lawful orders issued by governing authorities, as well as those rules, conventions and agreements within the construction industry which effectively control the performance of the work regardless of whether +� they are lawfully imposed by governing authority or not. B Governing Regulations: Refer to General and Supplementary Conditions for pa requirements related to compliance with governing regulations. 1.03 DEFINITIONS: A General Explanation: A substantial amount of specification language consists of definitions of terms found in other contract documents, including the drawings.(Drawings are recognized as diagrammatic in nature and not completely descriptive of requirements indicated thereon). Certain terms used in contract documents are defined in this article. Definitions and explanations contained in this section are not necessarily either complete or exclusive, but are general for the work to the extent that they are not stated more explicitly in another element of contract documents. B General Requirements: The provisions or requirements of Division-1 sections apply to entire work of the Contract and, where so indicated,to other elements VP which are included in the project. C Indicated: The term 'Indicated' is a cross-reference to graphic representations, OF notes or schedules on the drawings, to other paragraphs or schedules in the specifications, and to similar means of recording requirements in contract documents. Where terms such as 'shown", 'noted", "scheduled', and "specified' are used in lieu of 'indicated', it is for the purpose of helping the 9W reader locate the cross-reference, and no limitation of location is intended except as specifically noted. DEFINITIONS AND STANDARDS 01090-1 P1 V' Imo' D Directed, Requested, Etc.: Where not otherwise explained, terms such as "directed", "requested', 'authorized", 'selected", "approved', 'required", "accepted", and 'permitted" mean 'directed by Architect", "requested by Architect', and similar phrases. However, no such implied meaning will be PM interpreted to extend Architect's responsibility into Contractor's area of construction supervision. E Approve: Where used in conjunction with the Architect's response to submittals, requests, applications, inquiries, reports and claims by the Contractor, the meaning of term 'approved" will be held to limitations of the Architect's responsibilities and duties as specified in General and Supplementary Conditions. In no case will the Architect's PP rY approval be interpreted as a release of the Contractor from responsibilities to fulfill requirements of contract documents. F Project Site: The term 'project site' is defined as the space available to the Contractor for performance of the work, either exclusively or in conjunction !„ with others performing other work as part of the project. The extent of the project site is shown on the drawings, and may or may not be identical with the description of the land upon which the project is to be built. Access and extent of site to be coordinated with owner. 'PM G Furnish: Except as otherwise defined in greater detail, the term 'furnish' is used to mean 'supply and deliver to the project site, ready for unloading, unpacking, assembly, installation, etc., and similar operations", as applicable I, in each instance'. H Install: Except as otherwise defined in greater detail, the term 'install' is used to describe operations at project site including the actual unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning and similar operations, as applicable in each instance. I Provide: Except as otherwise defined in greater detail, the term 'provide' means "to furnish and install, complete and ready for intended use', as PM applicable in each instance. J Installer: The term "installer' is defined as "the entity" (person or firm) engaged by the Contractor, its subcontractor or sub-subcontractor for FP performance of a particular unit of work at project site, including installation, erection, application and similar required operations. It is a requirement that installers are experienced in operations they are engaged to perform. K Testing Laboratories: The term 'testing laboratory' is d e f i n e d a s a n independent entity engaged to perform specific inspections or tests of the work, either at the project site or elsewhere, and to report, and (if required) interpret results of those inspections or tests. .� DEFINITIONS AND STANDARDS 01090-2 1.04 SPECIFICATION FORMAT Uene,ai. ne rat )be g of in thie spri.Jhcatior, a,-;-.. i.uc -W. :ma c ;. rzferencio6 to ::.:JivirF :; Sections, pz6c nimberS i,i,r F i iC�` «; t} r:i.-n L- 9— 1.05 INDUS'.'RY STANDARDS: A Applicability of Standards: Except where more explicit or stringent requirements are written into the contract documents, applicable construction industry standards have the same force and effect as if bound into or copied directly into the contract documents. Such industry standards are made a part of the contract documents by reference. Individual specification sections i indicate which codes and standards the Contractor must keep available at the project site for reference. B Conflicting Requirements: Where compliance with two or more standards is specified, and where these standards establish different or conflicting requirements for minimum quantities or quality levels, the most stringent INN requirement will be enforced, unless the contract documents specifically indicate a less stringent requirement. Refer requirements that are different, but apparently equal, and uncertainties as to which quality level is more stringent to the Architect for a decision before proceeding. C Minimum Quantities or Quality Levels: In every instance the quantity or quality level shown or specified is intended to be the minimum for the work to be ., provided or performed. Unless otherwise indicated,the actual work may either comply exactly, within specified tolerances, with the minimum quantity or quality specified, or may exceed that minimum within reasonable limits. In complying with these requirements, the indicated numeric values are either y minimum or maximum values, as noted, or as appropriate for the context of the requirements. Refer instances of uncertainty to the Architect for decision before proceeding. 1.06 SUBMITTALS: A Permits, Licenses and Certificates: For the Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, and similar documents, correspondence and records established in conjunction with compliance with standards and regulations bearing upon performance of the work. PART 2 - 2. PRODUCTS (Not Applicable). PART 3 - 3. EXECUTION (Not Applicable). END OF SECTION 01090. DEFINITIONS AND STANDARDS 01090-3 r P SECTION 01220 - PROGRESS MEETINGS 1.01 RELATED REQUIREMENTS SPECIFIED ELSEWHERE A. Summary of the Work: Section 01010. B. Shop Drawings, Product Data, and Samples: Section 01340 C. Project Record Documents: Section 01720. 1.02 SCHEDULE AND ADMINISTER PROGRESS MEETINGS - GENERAL CONTRACTOR'S (GC) RESPONSIBILITY A. Prepare agendas. B. Make physical arrangements for meetings. C. Preside at meetings. D. Record minutes; include significant proceedings and decisions. E. Distribute copies of minutes to participants, within four (4) days after meetings. F. Furnish four (4) copies of minutes to Architect. 1.03 ATTENDANCE A. The Owner or designated representatives will attend meetings to ascertain that work is expedited consistent with construction schedule and with Contract Documents. PART 2 PRE-CONSTRUCTION MEETING 2.01 DATE A. Schedule by the Owner. B. Attendance 1. Owner's Representative. 2. Consultants. 3. Architect. C. Minimum Agenda 1. Distribute and discuss: a. List of major subcontractors. PROGRESS MEETINGS 01220-1 b. Tentative Construction Schedule. 2. Critical work sequencing. 3. Designation of responsible personnel. 4. Processing of field decisions and Change Orders. r 5. Adequacy of distribution of Contract Documents. 6. Submittal of shop drawings, project data and samples. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office and storage areas. b. Owner requirements. 9. Major equipment deliveries and priorities. 10. Safety and first aid procedures. 11. Security procedures. 12. Housekeeping procedures. PART 3 PROGRESS MEETINGS 3.01 SCHEDULE �. A. Schedule meetings determined by the GC and Owner's representative. B. Hold called meetings as progress of work dictates (minimum 1 every two weeks). C. Location of Meetings: Job Site or as directed in notice. D. Attendance. 1. Owner or his representative. 2. Subcontractors as pertinent to agenda. 3. Architect. E. Minimum Agenda. 1. Review, approve minutes of previous meeting. 2. Review, work progress since last meeting. 3. Note field observations, problems, and decisions. PROGRESS MEETINGS 01220-2 IR 4. Identify problems which impede planned progress. M. heview c..; �--.e -abricat._:. p i`C:)i„ 'is. 6. Develop corrective measures and procedures to regain planned schedule. 7. Revise Cons:-uction Schedule as indicated. T 8. Plan progress during next work period. 9. Review submittal schedules, expedite as required to maintain schedule. 10. Maintain quality and work standards. 11. Review changes proposed by Owner for: a. Affect on Construction Schedule. b. Affect on completion date. 12. Complete other current business. END OF SECTION PE e. PROGRESS MEETINGS 01 pa SECTION 01300 - SUBMITTALS 1.01 GENERAL A. Submit, to the Architect, shop drawings, project data, and samples required by specification sections. B. Related Requirements Specified Elsewhere: 1. General Provisions and Amendments. ,. 2. Project Record Documents: Section 01720. C. Prepare and submit with the Construction Schedule a separate schedule listing dates for submission and dates to review shop drawings, project data, and samples will be needed for each product. 1.02 SHOP DRAWINGS A. Definition: Original drawings, prepared by the general contractor (GC), subcontractor, supplier, or distributor which illustrate some portion of the work; showing fabrication, layout, setting or erection details and coordination with work by others. 1. Prepared by a qualified detailer. 2. Identify details by reference to sheet and detail numbers shown on Contract Drawings. a, 3. Minimum sheet size: 8-1/2 inches by 11 inches. 4. Reproductions for submittals: opaque diazo prints. 1.03 PRODUCT DATA A. Manufacturer's standard schematic drawings: 1. Modify drawings to delete information which is not applicable to project. 2. Supplement standard information to provide additional information applicable to project. B. Manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, r illustrations and other standard descriptive data. 1. Clearly mark each copy to identify pertinent materials, products, or models. 2. Show dimensions and clearances required. 3. Show performance characteristics and capacities. SUBMITTALS 01300-1 C. Asbestos-Free Product/Material: Prior to the approval of the product/material to be used, the manufacturer/supplier shall provide written certification that the product/material contains no asbestos. This certification is mandatory before approval will be issued. Submittals furnished without asbestos-free certification will be returned to the contractor with no action taken until such certification is provided. 1.04 SAMPLES Physical examples to illustrate materials, equipment or workmanship, and to establish standards PP by which completed work is judged. A. Office Samples: Of sufficient size and quantity to clearly illustrate: 1. Functional characteristics of product or material, with integrally related parts and attachments devices. 2. Full range of color samples. 3. After review, samples may be used in construction of project unless otherwise noted. 1.05 CONTRACTOR RESPONSIBILITIES A. See: General Conditions and Amendments. B. The GC is responsible for the timely submittal of all complete and coordinated shop drawings and samples. No allowance will be made for time lost due to delinquent or incomplete submittals by the GC. C. SPECIAL NOTE: All submittals requiring color selection/coordination shall be submitted at the same time. 1.06 SUBMISSION REQUIREMENTS A. Schedule submissions at least 14 days before dates reviewed submittals will be needed, but in no case will submittal be beyond 30 days after award of contract except by permission of Architect. B. Submit number of copies of shop drawings, project datum, and samples which GC requires for distribution plus six (6) copies which will be retained by the Architect. C. Submit number of samples specified in each specification section or as required by the Architect. D. Accompany submittals with transmittal letter, in duplicate, containing: 1. Date. 2. Project title and number. 3. GC's name and address. SUBMITTALS �. 01300-2 4. The number of each shop drawing, project datum, and sample submitted. 5. Notification of deviations from Contract Documents. If no specific mention of such deviation is made, the GC will not be relieved of the responsibility for completing the work in full accordance with the Contract Documents even though such drawings are approved by the Architect. A 6. Other pertinent data. ,. E. Submittals shall include: 1. Date and revision dates. 2. Project title and number. 3. The name of: a. Architect/Engineer b. Contractor z C. Subcontractor d. Supplier e. Manufacturer f. Separate detailer when pertinent 4. Identification of product or material. 4. 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly identified as such. P" 7. Specification section number. 8. Applicable standards, such as ASTM number or Federal Specifications. 9. A blank space, 3 inches x 5 inches, for the Architect's stamp. 10. Identification of deviations from Contract Documents. 11. GC's stamp, initialed or signed, certifying to review of submittal, verification of field measurements, and compliance with Contract Documents. PW 1.07 RESUBMISSION REQUIREMENTS P, A. Shop Drawings: 1. Revise initial drawings as required and resubmit as specified for inital submittal. 2. Indicate on drawings any changes which have been made other than those requested by the Architect's. WK rp SUBMITTALS 0. 01300-3 B. Project Data and Samples: 1. Submit new data and samples as required for inital submittal. 1.08 REQUIRED SUBMITTALS A. The following list of required submittals is for the GC's convenience only. The GC shall carefully review the specifications for additional requirements and submit those as required. The following list does not relieve the GC from complying with all specifications requirements. Any item required here, but that is not required in a specific Section shall be submitted. Additional items which may be required for the proper execution of the work shall be submitted as directed by the Architect. B. The submittals shall be made in accordance with the following schedule: C. List of Required Submittals: TIME ALLOWED FOR SUBMITTAL DESCRIPTION AFTER AWARD THREE SAMPLES GROUT COLOR 7 DAYS THREE SAMPLES SPLIT-FACE CMU 7 DAYS THREE SAMPLES BRICK 7 DAYS THREE SAMPLES PCP-ACTUAL COLOR 7 DAYS 10"X10" SAMPLE THREE SAMPLES SEALANT COLORS 10 DAYS THREE SAMPLES PAVER TILE 10 DAYS THREE SAMPLES IRON PAINT FINISH 21 DAYS THREE SAMPLES IRON FENCING 21 DAYS END OF SECTION SUBMITTALS 01300-4 SECTION 01331 - TIME EXTENSION - WEATHER PART 1 GENERAL : 1.01 WEATHER TABLE * A. Weather tables reflecting the meteorological data from the Weather Station at Fort Worth, Texas shall be used in establishing what will be considered as normal weather for the purposes of this contract. 1.02 CONTRACT TIME LIMIT A. The contract shall allow for the impact of normal weather in his planned contract performance, as indicated in the weather data attached. 1.03 TIME EXTENSIONS A. Time extensions for weather may be granted for weather in excess of normal that impacts ongoing activities on the site that have successive following activities that must be completed in a required sequence for completion of project within the specified performance period. These would be generally labeled as Critical Path Activities when that type of schedule is used. B. Any request for a time extension for weather must include: 1. Weather data from Military Installation or National Weather Services. 2. Impact on ongoing activities. 3. Relation of those activities to completion of the project. C. Requests for time extensions as indicated above must be made within 10 days of the PF period of excessive weather. No time extensions will be granted for weather if not requested within 10 days as indicated above. END OF SECTION r TIME EXTENSION - WEATHER 01331-1 OW SECTION 01340- SHOP DRAWINGS, PRODUCT DATA AND SAMPLES F.^OT . 1. GENERAL 1.01 Summary: A Submit to Architect, Shop Drawings, Product Data and Samples required by Specification Sections. B Related Requirements Specified Elsewhere: 1) Construction Schedule: Sect. 01520 2) Project Record Documents: Sect. 01720 C Prepare and submit, with Construction Schedule, a separate schedule listing dates for submission and review of Shop Drawings. Product Data and Samples will be needed for each product. 1.02 Shop Drawings. A Original drawings, prepared by Contractor, Subcontractor, Supplier or Distributor, which illustrate some portion of the work; showing fabrication, layout, setting or erection details. No portion of the Contract Documents shall be reproduced for use as a part of the Shop Drawings. B Prepared by a qualified detailer. C Identify details by reference to sheet and detail numbers shown on Contract Drawings. D Reproductions for submittals: Reproducible Transparency with one Opaque Diazo Print. 1.03 Product Data: A Manufacturer's Standard Schematic Drawings: 1) Modify drawings to delete information not applicable to project. B Manufacturer's Catalog Sheets, Brochures, Diagrams, Schedules, Performance Charts, Illustrations and other descriptive data. 1) Clearly mark each copy to identify pertinent materials, products or models. 2) Show dimensions and clearances required. 3) Show performance characteristics and capacities. 4) Show wiring diagrams and controls. 1.04 Samples. A Physical examples to illustrate materials, equipment or workmanship, and to establish standards by which completed work is judged. B Office Samples: Of sufficient size and quantity to clearly illustrate: 1) Functional characteristics of product or material. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PM 01340- 1 ON 2) Full range of color samples. Cc;. !dors ciesi :k= ... A Fevii'%v z-.. Ar,:C•j,,a Shl-;, Cra r.ings, Pro"-Jct Data and Sarr,;!es prior to submission and so indicate over his signature. B Verify: 1) Field measurements. 2) Field construction criteria. 3) Catalog numbers and similar data. C Coordinate submittals with requirements of work and Contract Documents. r D Contractor's responsibility for errors and omissions in submittals is not relieved by Architect's review of submittal. E Contractor's responsibility for deviations in submittals from requirements of Contract Documents is not relieved by Architect's review of submittals, unless Architect gives written acceptance of specific deviations. F Notify Architects, in writing at time of submission, of deviations in submittals from requirements of Contract Documents. G Begin no work which requires submittals until return of submittals with Architect's stamp and initials or signature indicating review. H After Architect's review, distribute copies. 1.06 Submission Requirements: A Schedule submissions at least ten days before dates reviewed submittals will be needed. B Shop Drawings: Submit one(1) REPRODUCIBLE TRANSPARENCY and one(1) OPAQUE PRINT of Shop Drawings. C Product Data: Submit number of copies of Product Data which Contractor requires for distribution plus two (2)copies which will be retained by Architect. PW D Sample: Submit number of Samples specified in each Specification Section. E Accompany submittals with transmittal letter in duplicate, containing: 1) Date 2) Project Title and Number 3) Contractor's name and address 4) The number of each Shop Drawing, Product Data and Sample Submitted 5) Notification of Deviations from Contract Documents M. 6) Other pertinent data SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01340- 2 PW F For work designed by consultants, make submission directly to consultant, and simultaneously submit duplice*e of transmittal letter to Architect. C Cubrm-1z's, shall inci�ao: 1) Date and Revision Dates 2) Project Title and Number 3) Subcontractor a Architect b Contractor C Subcontractor d Supplier e Manufacturer f Separate detailer when pertinent 4) Identification of product or material 5) Relation to adjacent structure or materials 6) Field dimensions, clearly identified as such 7) Specification Section number 8) Applicable Standards, such as ASTM or Federal Specification 9) A blank space 3'x3' for the Architect's stamp 10) Identification of deviations from Contract Documents as 11) Contractor's stamp, initialed or signed, certifying to review of submittal, verification of field measurements and compliance with W= Contract Documents H If Shop drawings which have been previously submitted for approval are resubmitted, they shall clearly note any changes or additions that have been made to the previous submittal. 1.07 Resubmission Requirements: A Shop Drawings: 1) Revise initial drawings as required and resubmit as specified for initial submittal. 2) Indicate on drawings any changes which have been made other than these requested by Architect. B Product Data and Samples: Submit new data and samples as required for initial submittal. 1.08 Distribution of Submittals After Review: A Distribute copies of Shop Drawings and Product Data which carry Architect's/Consultant's stamp to: 1) Contractor's File 2) Job-Site File 3) Subcontractors 4 4) Supplier 5) Fabricator SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01340- 3 6) Architect (if shop drawings are submitted directly to Consultant). v;s-.k t;. mples as D+rtc m-... 1.09 Architect's Duties: A Review Submittals with reasonable promptness. B Review for: 11 Design concept 2) Information given in Contract Documents T C Review of separate item does not constitute review of an assembly in which item functions. D Affix stamp and initials or signature certifying review of submittal. E Return submittals to Contractor for distribution. PART 2- 2. PRODUCTS (Not Applicable). �- PART 3- 3. EXECUTION (Not Applicable). END OF SECTION 01340. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01340- 4 PO P0 SECTION 01410 - TESTING LABORATORY SERVICES PART 1 - 1. GENERAL 1.01 REQUIREMENTS INCLUDED: A Owner will employ and pay for the services of an Independent Testing Laboratory to perform specified testing and services, except for HVAC Testing, Adjusting and Balancing Ito be employed by Contractor- see Section 01411). The testing Laboratory shall be approved by the Architect. B Employment of Testing Laboratory shall in no way relieve Contractor of his obligation to perform work in accordance with Contract Documents. C Contractor Shall cooperate with the Laboratory to facilitate the execution of its required services. D Contractor will pay for additional samples and tests required for Contractor's convenience or when initial tests indicate work does not comply with Contract Documents. E Where terms "Inspector" and "Testing Laboratory" are used, they mean and refer respectively to an officially designated and accredited Inspector of the Testing Laboratory and the Testing Laboratory employed by the Owner 1.02 RELATED WORK: Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. Inspections and testing required by laws, ordinances, rules, regulations, orders or approvals of public authorities. Refer to Divisions 15 and 16 for testing in conjunction with other MEP work. 1.03 QUALIFICATION OF LABORATORY: A Meet "Recommended Requirements for Independent Laboratory Qualification", published by American Council of Laboratories. B Meet basic requirements of ASTM E 329, "Standards of Recommended Practice for Inspection and Testing Agencies for Concrete and Steel as Used in Construction." C Authorized to operate in the State in which the Project is located. D Testing equipment shall be calibrated at reasonable intervals by devices of accuracy traceable to either: TESTING LABORATORY SERVICES 01410-1 1. National Bureau of Standards. 2. Accepted values of natural physical constants. PW 1.04 LABORATORY DUTIES AND RESPONSIBILITIES: A Cooperate with Architect and Contractor; provide qualified personnel after due notice. 4W B Perform specified inspections, sampling and testing of materials and methods of construction. .r C Comply with Specifications. D Ascertain compliance of materials with requirements of Contract Documents. E Furnish Architect with written evaluation of proposed concrete design mixes, and other material sizes, submitted by the Contractor for evaluation. up F Notify Architect and Contractor immediately of observed work or materials which fail to meet to requirements of Contract Documents. G Promptly submit written report of each test and inspection; distribution as designated by Architect. Each report shall include: 1. Date issued. 2. Project title and number. 3. Testing Laboratory name, address and telephone number. 4. Name and signature of Laboratory inspector. 5. Date and time of sampling or inspection. 6. Record of temperature and weather conditions. 7. Date of tests. 8. Identification of products and Specification section. 9. Location of sample of test in the Project. -- 10. Type of inspection of test. 11. Results of tests and compliance with Contract Documents. 12. Interpretation of test reports, when requested by Architect. Perform additional tests as required by Architect or Owner. TESTING LABORATORY SERVICES '� 01410-2 1.05 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY: ,s Laboratory is not authorized to: 1. Release, revoke, alter or enlarge on requirements of Contract Documents. '! 2. Approve or accept any portion of the Work. 3. Perform any duties of the Contractor. Work will be checked as it progresses, but failure to detect any defective work or materials shall not, in any way, prevent later rejection when such defect is discovered. 1.06 CONTRACTOR'S RESPONSIBILITIES: r A Cooperate with Laboratory personnel, provide access to Work and to Manufacturer's operations. B Secure and deliver to the Laboratory adequate quantities of representational samples of materials proposed to be used and which require testing. C Furnish the Laboratory with proposed concrete design mixes, and other material mixes which require evaluation by the Testing Laboratory, a minimum of 14 days prior to use on the project. D Submittals and Certification by Owner's Testing Laboratory: 1. Submit two (2) copies to Architect, one (1) copy to PMS, one (1) copy dp to Consulting Engineer, Contractor and necessary Subcontractors of certification of each inspection and test required. am 2. In each certificate state details of each inspection and test to indicate satisfactory compliance with requirements of each inspection and test required. 'o 3. Submit copies of tests and inspections as required to City of Fort Worth Building Department. 00 E Furnish incidental labor and facilities: 1. To provide access to Work to be tested. 2. To obtain and handle samples at the project site or at the source of the product to be tested. 3. To facilitate inspections and tests. 4. For safe storage and curing of test samples. TESTING LABORATORY SERVICES 01410-3 F Notify Laboratory and Architect sufficiently in advance of operations to allow for Laboratory assignment of personnel and scheduling of tests. 1. When tests or inspections cannot be performed after such notice, reimburse Laboratory for personnel and travel expenses incurred due to Contractor's negligence. 2. Make arrangements with Laboratory and pay for additional samples and tests required for Contractor's convenience. 3. Make arrangements with Laboratory and pay for additional samples and test required when initial tests indicate non-compliance with Contract Documents, including load tests. 4. Pay the Testing Laboratory for such tests or inspections as are performed exclusively for the Contractor's convenience. PART 2 - 2. PRODUCTS (Not Applicable) PART 3 - 3. EXECUTION 3.01 CONCRETE CONTROL AND TESTING: 4 A Secure composite samples in accordance with ASTM C 172. Each sample shall be obtained from a different batch of concrete on a random basis, avoiding any selection of the test batch other than by a number selected at random before commencement of concrete placement. B All concrete with required strength of 3000 psi or less shall be tested as follow: 1. Mold and cure five (5) specimens from each sample in accordance with ASTM C31. 2. Two (2) specimens shall be tested at seven days for information, two shall be tested at 28 days for acceptance, and the remaining cylinder shall be tested as directed. C Specimens for pumped concrete shall be taken at the discharge end of pumping equipment. D Any deviations from the requirements of ASTM Specifications shall be recorded in the test report. Test concrete specimens in accordance with ASTM C39. E Make at least one strength test (five specimens) for each 100 cu. yd. or TESTING LABORATORY SERVICES 01410-4 fraction thereof, of each mix design of concrete placed in any one day. Determine slump of the concrete sample for each strength test and whenever OW consistency of concrete appears to vary, in accordance with ASTM C143. F Determine air content of air-entrained, normal weight and/or lightweight concrete sample for each strength test, in accordance wit wither ASTM C231, ASTM C173, or ASTM C138. Determine temperature of concrete sample for each strength test. G Inspect each batch of concrete, monitor addition of mixing water to assure uniform consistency from truck to truck. Check mixing from mixers before mix begins to set and within time limits set forth in ASTM C94. 1. Monitor addition of water to concrete at job site and length of time concrete is allowed to remain in truck during placement. 2. Certify each delivery ticket indicating class of concrete delivered, amount of water added and time at which cement and aggregate was discharged into truck, and time at which concrete was discharged from truck. H Should the strength of concrete fall below the minimum, then additional tests, including load tests, may be required. These tests, if required, shall be made at the Contractor's expense and shall be in accordance with ASTM C42 and ACI 318. If tests do not meet the applicable requirements, then the structure, or any part of the structure, shall be removed and replaced at the Contractor's expense. I Test reports shall show concrete mix identification number or give proportions of ingredients, time test was made, truck ticket, number, slump and time of up batching, and location of each placement. J Report promptly to Architect all details of reasons for rejection of any and all quantities of concrete. Give all information concerning locations of the concrete pours, quantities, date of pours, and other pertinent facts concerning concrete represented by the specimens. K Any concrete testing requested by the Contractor for early formwork or shoring removal, etc., shall be at the Contractor's expense. 3.02 TESTING MASONRY MORTAR AND GROUTS: A Check mix designs for mortar and grouts. Make tests of mortar and grout prior to approval for use at project site. Perform four (4) tests in accordance with ASTM C39 for each twenty-five (25) cubic yards of mortar. END OF SECTION 01410. TESTING LABORATORY SERVICES 01410-5