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HomeMy WebLinkAboutContract 44800-A1 (2)_ :� : ;. r � � � � �:�� � � STATE OF TEXAS COUNTY OF TARRANT § § § KNOWN ALL BY THESE PRESENTS: FIlZST AMENDMENT AND ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 44800 SOUTHERN ENVIRONMENTAL MANAGEMENT AND SPECIALTIES,INC. FOR UNDERGROT_JND STORAGE TANK REMOVAL THIS FIRST AMENDMENT AND ASSIGNMENT to City Secretary Contract No. 44800 (hereinafter "Amendment") is entered into by and between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager; Southern Environmental Management and Specialties, Inc. ("SEMS"), acting by and through Mark L. Morgan, its duly authorized President; and Lancaster Corridor Redevelopment, LLC, acting by and through Jesus Chapa, its duly authorized Manager. The City, SEMS, and Lancaster Corridor Redevelopment, LLC may be referred to herein individually as a Party, or collectively as the Parties. WI�REAS, the City and SEMS have entered into that certain agreement identified as City Secretary Contract No. 44800 (the "Contract") executed on September 13, 2013 for underground storage tank reinoval; and WHEREAS, the City of Fort Worth will not be funding or constructing the facilities at 246 West 15th Street, Fort Worth, Texas ("Property"), nor is it the owner of the Property, as anticipated by the Contract; and WI�EREAS, the construction of the facilities will instead be undertaken by and for Lancaster Corridor Redevelopment, LLC and not the City of Fort Worth; and WI�REAS, the removal of underground storage tanks as a preliminary activity to construction of facilities at this address will be necessary; and WI�REAS, it would be time-consuming and wasteful for Lancaster Corridor Redevelopment, LLC rebid and contract for the work to reinove the underground storage tanks at the above address and it would be in the interest of all the parties to assign the Contract froin the City of Fort Worth to Lancaster Corridor Redevelopment, LLC; and WHEREAS, City Secretary Contract No. 44800 had a provision under Article 24 (Assignment) that allows for the assignment of interests and the Parties wish to assign the City's interests, rights, duties, and obligations to Lancaster Corridor Redevelopment, _ LLC; and p�� - - � ��, ���c�r� rrE��AR� FIRST AMENDMENT AND ASSIGNMENT OF CITY SECRETARY CONTRACT NO. SOUTHERN ENVIIZONM�NTAL A�IANAGEMENT AND SP�CIALTIES, INC. �h'�'� ���E�� fli���,'' [:� 11a ���l��l� `� ,�. ' _ __ _ I ,� ; _r'� WI�EREAS, City Secretary Contract No. 44800 had a provision under Article 14 (Modification) allowing for a modification of the terms of the Contract if set out in writing and signed by the Parties; and WIIEREAS, City Secretary Contract No. 44800 had a provision under Article 17 (Prevailing Wage Rates and Davis-Bacon) establishing wage rates; and WI�REAS, the federal funding used by Lancaster Corridor Redevelopment, LLC to finance the project requires contractor compliance various federal laws including the Davis-Bacon Act (DBA), Copeland Act, Contract Work Hours Safety Standards Act (CWHSSA), and Fair Labor Standards Act (FLSA); and WHEREAS, the parties desire to amend the Contract to include compliance with DBA, Copeland Act, CWHSSA, and the FLSA as a requirement. NOW THEREFORE in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: .- ► � 1►l l_1► _ A. ADDITION OF FEDERALLY FiJNDED CONTRACT REQUIREMENTS. The City and SEMS do hereby agree to amend City Secretary Contract No. 44800 by adding the terms and conditions in Attachment A, attached hereto and made apart hereof for all purposes, including but not limited to the payment of wages in accordance with the Davis-Bacon Act. B. ASSIGNMENT. The City, SEMS, and Lancaster Corridor Redevelopment, LLC mutually agree to the assignment of the City's interests, rights, duties, liabilities, and obligations under City Secretary Contract No. 44800, as herein amended, to Lancaster Corridor Redevelopment, LLC. As consideration for the assigmnent of the Contract to Lancaster Corridor Redevelopment, LLC, SEMS hereby and forever releases the City from any and all duties, liabilities, and obligations under that Contract. As consideration for the assignment of the Contract, Lancaster Corridor Redevelopment, LLC hereby expressly accepts and assumes all interests, rights, duties, liabilities, and obligations of the City under the terms of the Contract, as amended herein, and agrees to be bound by all the tenns, conditions, provisions and covenants therein and hereby and forever releases the City from any and all duties, liabilities, and obligations under that Contract as amended herein. FIRST AMENDMENT AND ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 44800 SOUTHERN ENVIRONMENTAL MANAGEMENT AND SPECIALTIES, INC. Page 2 of 6 C. OTHER TERMS. Other than as specified in this amendment, or as needed to effectuate this assignment and to meet the terms and conditions of City Secretary Contract No. 44800, as hereby amended, no other changes are made to the terms and conditions of the contract documents. CITY OF FORT WORTH BY: r � �� Fernando Costa Assistant City Manager Dated: .S / /4 RECONIlv�NDED: � � �! ��� ��— �'� � Michael Gange Assistant Director, APPROVED AS TO FORM LEGALITY: i ��� iI l �" �-�-_a- Arthur N. Bashor Assistant City Attorney ,--, I:1 City S CSC: 44800-A1 t'_ ; :�;;e�,s. SOUTHERN ENVIRONMENTAL WITNESS: �'�-=�L� LANCASTER CORRIDOR AND REDEVELOPMENT, LLC BY: J Jesus Chapa Manager WIT`NESS: a� �o� �, �� �, o.� � on �o° -��� T70 p(i`� �� /,.�' ��04OOOd0 �:l�4tJY ^T ����. ���� , PIRST AMENDMENT AND ASSIGNNT'��'-�°��'CITY SECRETARY CONTRACT NO. 44800 SOUTHERN ENVIRONr4ENTAL MANAGEMEN[' AND SP�CIALTIES, INC. . f ° 4? ; " �, �T 1, � ' '�' `' �, t" `` ' ' ,� ' . ,�,. V" � � ' ( . •. MANAGEMENT AND SPECIALTIES, 1NC. ATTAC�IlvIENT A ADDITIONAL CONTRACT PROVISIONS FIRST AMENDMENT AND ASSIGN1vIENT OF CITY SECRETARY CONTRACT NO. 44800 SOUTHERN ENVIRONMENTAL MANAGEMENT AND SPECIALTIES, INC. FOR IINDERGROIJND STORAGE T1�NK REMOVAL A CONIlVICJNITY DEVELOPMENT BLOCK GRANT (CDBG) FLTNDED PROJECT 1.0 SPECIAL INSTRUCTIONS TO CONTRACTORS AND SUBCONTRACTORS ON FEDERALLY FLJNDED PROJECTS 1.1 If this project is assisted in whole or in part by any federal funds, the work order will be subject to the Davis-Bacon Act (DBA), Copeland Act, Contract Work Hours Safety Standards Act (CWHSSA), and Fair Labor Standards Act (FLSA). 1.2 The Davis-Bacon Act (DBA) specifies the minimum wages to be paid the various classes of laborers and mechanics employed on the project. 1.2.1 The contractor should inform his foreman and subcontractors that this project is subject to periodic employee wage interview visits by City staff and/or federal agencies, such as HIJD or DOL, to insure compliance with the aforementioned regulations. These federal officers or City staffs are not to be prevented from conducting such interviews. 1.2.2 The suggested payroll form is WH-347, Payroll. HUD prior to use must approve all other payroll forms. Payrolls must be submitted to the Housing and Economic Development Department, Contract Management Division on a weekly basis within seven days after a pav period end. A pay period is seven (7) consecutive days. Payrolls must be original and must be completely executed. The signature must be that of owner, partner, officer of authorized individual, and must be an original ink signature. It is suggested that blue ink be used. The certification dates must cover the seven (7) day period. "A CERTIFICATION FROM CONTRACTOR APPOINTING OFFICER OR EMl'LOYEE TO SUPERVISE PAYIv�NT OF EMPLOYEES° form must be subtnitted. 1.2.3 The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this contractlwork order are to be maintained during the course of work and preserved for a period of three years thereafter. FIRST AMENDMENT AND ASSIGNM�NT OF CITY SECRETARY CONTRACT NO. 44800 SOIJTi�RN ENVIRONMENTAL MANAGEMENT AND SPECIALTIES, INC. Page 4 of 6 12.4 Liquidated damages will be assessed for failure to pay overtime. The assessment amount is $10 per day per violation. Overtime begins on this project after 40 hours per week. Additionally, wage restitution must be paid to any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the prescribed hourly rate of pay. 1.2.5 In instances, where the owner of a company performs work on the project, that owner must show himself/herself on the payroll and must show the hours worked each day and total hours for the week. All �ersons who perform work on the project must be shown on the pavroll. The address and social security number for each employee must be included the first time that employee appears on the payroli and any time their address change. 1.2.6 Payrolls are required for weeks in which no wark is performed labeled "NO WORK PERFORMED". 1.2.7 The first payroll furnished must show "INITIAL" in the payroll number block. Likewise, the last payroll must show "FINAL". Subsequent payrolls following the initial payroll must be numbered sequentially beginning with number 2, including payrolls labeled "NO WORK PERFORMED". 1.2.8 Deduction authorizations, signed by employees, rnust be provided for any deduction with the exceptions of FICA and federal tax. 1.2.9 Apprentices may be employed on the project; however, the Bureau of Apprenticeship & Training must certify them and the allowable ratio of apprentices to journeyman must not be exceeded. 1.2.10 Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage decision. The decision, which is applicable to this project, is TX140049. The wage decision must be posted at the construction site along with required posters for the duration of construction activity. Any classification needed which does not appear on the wage decision, must be requested and approved by the U.S. Department of Labor prior to the use of that classification on the project. 1.2.11 If the work classification(s) that you need does not appear on the wage decision, you will need to request an additional classification and wage rate. You are required to identify the classification you need and recommend a wage rate for DOL to approve for the project. For primary contractors this request can be submitted directly to DBA payroll monitor. For subcontractor, the request should be submitted directly to the primary contractor. 1.2.12 Any person who is employed on a piecework basis must be shown on the payroll. The hours worked each day and total hours for the week must be shown. The hourly rate of the piece worker must FIRST AMENDMENT AND ASSIGNMENT OP CITY SECRETARY CONTRACT NO. 44800 SOUTHERN ENVIRONMENTAL MANAGEMENT AND SPECIALTIES, INC. Page 5 of 6 � . equal or exceed the prescribed hourly rate for the particular work classification. L2.13 Dual work classifications within the same payroll period are acceptable provided that a signed verification of the dual wark classification is furnished from the employee. When dual work classifications are used submit the form 'BMPLOYEES STATEMENT OF WORK VERIFICATION". 1.214 Unless otherwise specified by the applicable wage decision, the classification of "helper" is unacceptable. Employees must be classified and paid based on the work they perform, e.g., if a person performs the duties of or uses the tools of a plumber, that person must be classified as a plumber, not as a plumber's helper (the plumber classification is used there as an example only). 1.2.15 The general contractor will be required to certify that all laborers and mechanics employed on the project/work order (including those employed by subcontractors) have been paid hourly rates as prescribed by the applicable laws. 1.2.16 Work service requested under this project will have a wage decision provide per work service request. The date of the work service or the work order will "lock-in" the wage decision for that work service request. 1.2.17 Failure to comply will result in withholding full or partial payment. 1.2.18 Any questions concerning labor requirements should be directed to the contact(s) below. Questions regarding DBA requirements should be directed through the general contractor who is ultimately responsible for the fulfillment of these obligations. 1.2.19 Wage decisions may be provided by the Compliance Division in the Housing and Economic Development Department through Charletta Moaning, Senior Contract Compliance Specialist at 817- 392-7333 or via e-mail at Charletta.Moaning@fortworthtexas.gov. 1.3 The Copeland Act prohibits kickbacks being paid by the employee to the employer and requires the weekly submission of payrolis. 1.4 Contract Work Hours Safety Standards Act (CWHSSA) sets a uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in e�cess of 40-hours per week. 1.5 The Fair Labor Standards Act (FLSA) sets out the requirements for payment of minimum wages, overtime pay, child labor standards and prohibit wage discrimination on the basis of sex. 1.6 FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT iN THE ESCROW OF FI7NDS AND/OR WITHHOLDING OF 1NSURED ADVANCES. FIRST AMENDMENT AND ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 44800 SOIJTHERN ENVIRONMENTAL MANAGEMENT AND SPECIALTIES, INC. Page 6 of 6