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HomeMy WebLinkAboutContract 48224 PO N�-"SF-Cl Ey Z G AGREEMENT TO AMEND PO 15-00088625 ,N� BETWEEN CITY OF FORT WORTH AND EAR TELECOMMUNICATIONS, LLC 5� This AGREEMENT TO AMEND PURCHASE ORDER NO. 15-00088625 is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in Texas, acting by and through Jay Chapa, its duly authorized Assistant City Manager, and EAR Telecommunications, LLC (the "Vendor"), a Limited Liability Company, acting by and through Carlos Reyes, its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." �. Description The purpose of this Special Provision is to carry out the U.S. Department of Transportation's (DOT) policy of ensuring nondiscrimination in the award and administration of DOT assisted Contracts and creating a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can compete fairly for DOT assisted Contracts. If the Disadvantaged Business Enterprise (DBE) goal is greater than zero, Article A, "Disadvantaged Business Enterprise in Federal Aid Contracts", of this Special Provision shall apply to this Contract. If there is no DBE goal, Article B, "Race-Neutral DBE Participation," of this Special Provision will apply to this Contract. The percentage goal for DBE participation in the work to be performed under this Contract will be shown on the proposal. 1.1. Article A. Disadvantaged Business Enterprise in Federal Aid Contracts. 1.1.1. Policy. It is the policy of the DOT and the Texas Department of Transportation (Department) that DBEs, as defined in 49 CFR Part 26, Subpart A and the Department's DBE Program, shall have the opportunity to participate in the performance of Contracts financed in whole or in part with Federal funds. The DBE requirements of 49 CFR Part 26, and the Department's DBE Program, apply to this Contract as follows: 1.1.1.1. The Contractor will solicit DBEs through reasonable and available means, as defined in 49 CFR Part 26, Appendix A and the Department's DBE Program, or show a good faith effort to meet the DBE goal for this Contract. 1.1.1.2. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate. 1.1.1.3. The requirements of this Special Provision shall be physically included in any subcontract. 1.1.1.4. By signing the Contract proposal, the Bidder is certifying that the DBE goal as stated in the proposal will be met by obtaining comFftelam-P DBEs Amendment, EAR Telecommunications, LLC G Rkyt 3jge 1 of 13 l,'`hl' uia[1 PO NO: or that the Bidder will provide acceptable evidence of good faith effort to meet the commitment. The Owner will determine the adequacy of a Contractor's efforts to meet the Contract goal, within 10 business days, excluding national holidays, from receipt of the information outlined in this Special Provision under Section 1.1.3., "Contractor's Responsibilities." If the requirements of Section 1.A.3 are met, the conditional situation will be removed and the Contract will be forwarded to the Contractor for execution. 1.1.2. Definitions. 1.1.2.1. "Broker" is an intermediary or middleman that does not take possession of a commodity or act as a regular dealer selling to the public. 1.1.2.2. "Disadvantaged Business Enterprise" or "DBE" is defined in the standard specifications, Article 1, Definition of Terms. 1.1.2.3. "DBE Joint Venture" means an association of a DBE firm and 1 or more other firm(s) to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the Contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. 1.1.2.4. "DOT" means the U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA). 1.1.2.5. "Federal Aid Contract" is any Contract between the Owner and a Contractor which is paid for in whole or in part with DOT financial assistance. 1.1.2.6. "Good Faith Effort" means efforts to achieve a DBE goal or other requirement of this Special Provision which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. 1.1.2.7. "Manufacturer" is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications." 1.1.2.8. "Race-conscious" means a measure or program that is focused specifically on assisting only DBEs, including women-owned businesses. 1.1.2.9. "Race-neutral DBE Participation" means any participation by a DBE through customary competitive procurement procedures. 1.1.2.10. "Regular Dealer" is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the firm must be an Amendment, EAR Telecommunications, LLC Page 2 of 13 PO NO: established, regular business that engages in, as its principal business and under its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock if it owns and operates distribution equipment for the products. Any supplementing of regular dealers own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. Brokers, packagers, manufacturers' representatives, or other persons who arrange or expedite transactions shall not be regarded as a regular dealer. 1.1.2.11. "Texas Unified Certification Program" or "TUCP" provides one-stop shopping to applicants for certification, such that applicants are required to apply only once for a DBE certification that will be honored by all recipients of federal funds in the state. The TUCP by Memorandum of Agreement established six member entities to serve as certifying agents for Texas in specified regions. 1.1.3. Contractor's Responsibilities. These requirements must be satisfied by the Contractor. 1.1.3.1. After conditional award of the Contract, the Contractor shall submit a completed Form SMS.4901 "DBE Commitment Agreement", From SMS 4901-T "DBE Trucking Commitment Agreement", or Form SMS.4901-MS "DBE Material & Supplier Commitment Agreement" for each DBE he/she intends to use to satisfy the DBE goal or a good faith effort to explain why the goal could not be reached. Provide these forms to the Owner so as to arrive not later than 5:00 p.m. on the 10th business day, excluding national holidays, after the conditional award of the Contract. When requested, additional time, not to exceed 7 business days, excluding national holidays, may be granted based on documentation submitted by the Contractor. 1.1.3.2. DBE prime Contractors may receive credit toward the DBE goal for work performed by his/her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non-DBE, that information must be reported on Form SMS.4902. 1.1.3.3. A Contractor who cannot meet the Contract goal, in whole or in part, shall make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26, Appendix A. The following is a list of the types of action that may be considered as good faith efforts. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. 1.1.3.3.1. Soliciting through all reasonable and available means (e.g. attendance at prebid meetings, advertising, and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the Contract. The solicitation must be done within sufficient time to allow the DBEs to respond to it. Appropriate steps must be taken to follow up initial solicitations to determine, with certainty, if the DBEs are interested. Amendment, EAR Telecommunications, LLC Page 3 of 13 PO NO: 1.1.3.3.2. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out Contract work items into economically feasible units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform the work items with its own forces. 1.1.3.3.3. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the Contract in a timely manner to assist them in responding to a solicitation. 1.1.3.3.4. Negotiating in good faith with interested DBEs to make a portion of the work available to DBE subcontractors and suppliers and select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiations includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. 1.1.3.3.5. A Bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm price and capabilities as well as Contract goals into consideration. However, the fact that there may be some additional cost involved in finding and using DBEs is not in itself sufficient reason for a bidders failure to meet the Contract DBE goal as long as such cost are reasonable. Also, the ability or desire of the Contractor to perform the work of the Contract with its own organization does not relieve the Bidder of the responsibility to make good faith effort. Contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. 1.1.3.3.6. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The Contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate cause for the rejection or non-solicitation of bids and the Contractors efforts to meet the project goal. 1.1.3.3.7. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Contractor. 1.1.3.3.8. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. 1.1.3.3.9. Effectively using the services of available minority/women community organizations; minority/women Contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. Amendment, EAR Telecommunications, LLC Page 4 of 13 PO NO: 1.1.3.3.10. If the Owner determines that the Contractor has failed to meet the good faith effort requirements, the Contractor will be given an opportunity for reconsideration by the Owner. 1.1.3.4. Should the bidder to whom the Contract is conditionally awarded refuse, neglect or fail to meet the DBE goal or comply with good faith effort requirements, the proposal guaranty filed with the bid shall become the property of the Owner, not as a penalty, but as liquidated damages to the Owner. 1.1.3.5. The preceding information shall be submitted directly to the Owner. 1.1.3.6. The Contractor shall not terminate for convenience a DBE subcontractor named in the commitment submitted under Section 1.A.3.a, of this Special Provision. Before terminating or removing a DBE subcontractor named in the commitment, the Contractor must have a written consent of the Owner. 1.1.3.7. The Contractor shall also make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE, to the extent needed to meet the Contract goal. The Contractor shall submit a completed Form 4901 "DBE Commitment Agreement", From SMS 4901-T "DBE Trucking Commitment Agreement", or Form SMS.4901-MS "DBE Material & Supplier Commitment Agreement" for the substitute DBE firm(s). Any substitution of DBEs shall be subject to approval by the Owner. Before approving the substitution, the Owner will request a statement from the DBE concerning it being replaced. 1.1.3.8. The Contractor shall designate a DBE liaison officer who will administer the Contractor's DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. 1.1.3.9. Contractors are encouraged to investigate the services offered by banks owned and controlled by disadvantaged individuals and to make use of these banks where feasible. 1.1.4. Eligibility of DBEs. 1.1.4.1. The member entities of the TUCP certify the eligibility of DBEs and DBE joint ventures to perform DBE subcontract work on DOT financially assisted Contracts. 1.1.4.2. The Department maintains the Texas Unified Certification Program DBE Directory containing the names of firms that have been certified to be eligible to participate as DBE's on DOT financially assisted Contracts. An update of the Directory can be found on the Internet at http://www.txdot.gov/apps- cg/tucp/default.htm. 1.1.4.3. Only DBE firms certified at the time commitments are submitted are eligible to be used in the information furnished by the Contractor as required under Section 1.A.3.a. and 3.g. above. For purposes of the DBE goal on this project, DBEs will only be allowed to perform work in the categories of work for which they are certified. Amendment, EAR Telecommunications, LLC Page 5 of 13 PO NO: 1.1.4.4. Only DBE firms certified at the time of execution of a Contract/subcontract/purchase order, are eligible for DBE goal participation. 1.1.5. Determination of DBE Participation. When a DBE participates in a Contract, only the values of the work actually performed by the DBE, as referenced below, shall be counted by the prime Contractor toward DBE goals: 1.1.5.1. The total amount paid to the DBE for work performed with his/her own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its Contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. 1.1.5.2. A Contractor may count toward its DBE goal a portion of the total value of the Contract amount paid to a DBE joint venture equal to the distinct, clearly defined portion of the work of the Contract performed by the DBE. 1.1.5.2.1. A Contractor may count toward its DBE goal only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a Contract or purchase order. A DBE is considered to perform a CUF when it is responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. In accordance with 49 CFR Part 26, Appendix A, guidance concerning Good Faith Efforts, Contractors may make efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. Contractors may not however, negotiate the price of materials or supplies used on the Contract by the DBE, nor may they determine quality and quantity, order the materials themselves, nor install the materials (where applicable), or pay for the material themselves. Contractors however, may share the quotations they receive from the material supplier with the DBE firm, so that the DBE firm may negotiate a reasonable price with the material supplier. In all cases, prime or other non-DBE subcontractor assistance will not be credited toward the DBE goal. 1.1.5.2.2. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Contract, or project through which funds are passed in order to obtain the appearance of DBE participation. Consistent with industry practices and the DOT/Department's DBE program, a DBE subcontractor may enter into second-tier subcontracts, amounting up to 70% of their Contract. Work subcontracted to a non-DBE does not count towards DBE goals. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its Contract with its own work force, or the DBE subcontracts a greater portion of the work of a Contract than would be expected on the basis of Amendment, EAR Telecommunications, LLC Page 6 of 13 PO NO: normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF 1.1.5.2.3. A DBE trucking firm (including an owner operator who is certified as a DBE is considered to be performing a CUF when the DBE is responsible for the management and supervision of the entire trucking operation on a particular Contract and the DBE itself owns and operates at least 1 fully licensed, insured, and operational truck used on the Contract. 1.1.5.2.3.1. The Contractor receives credit for the total value of the transportation services the DBE provides on a Contract using trucks it owns, insures, and operates using drivers it employs. 1.1.5.2.3.2. The DBE may lease trucks from another DBE firm, including an owner operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. 1.1.5.2.3.3. The DBE may also lease trucks from a non-DBE firm, including from an owner- operator. The DBE who leases trucks from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE lessees not to exceed the value of transportation services provided by the DBE-owned trucks on the Contract. Additional participation by non-DBE lessees receive credit only for the fee or commission it receives as result of the lease arrangement 1.1.5.2.3.4. A lease must indicate that the DBE has exclusive use of and control over the trucks giving the DBE absolute priority for use of the leased trucks. Leased trucks must display the name and identification number of the DBE. 1.1.5.2.4. When a DBE is presumed not to be performing a CUF the DBE may present evidence to rebut this presumption. 1.1.5.2.5. Project materials or supplies acquired from an affiliate of the prime Contractor cannot directly or indirectly (2nd or lower tier subcontractor) be used for DBE goal credit. 1.1.5.3. A Contractor may count toward its DBE goals expenditures for materials and supplies obtained from a DBE manufacturer, provided that the DBE assumes the actual and contractual responsibility for the materials and supplies. Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following: 1.1.5.3.1. If the materials or supplies are obtained from a DBE manufacturer, count 100% of the cost of the materials or supplies toward DBE goals. (Definition of a DBE manufacturer found at 1A.c.(1) of this provision.) For purposes of this Section (1.A.c.(1)), a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. Amendment, EAR Telecommunications, LLC Page 7 of 13 PO NO: 1.1.5.3.2. If the materials or supplies are purchased from a DBE regular dealer, count 60% of the cost of the materials or supplies toward DBE goals. For purposes of this Section (1.A.5.c.(2)), a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business: 1.1.5.3.2.1. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. 1.1.5.3.2.2. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating, or maintaining a place of business as provided in the first paragraph under Section 1.A.5.c.(2), if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long- term lease agreement and not on an ad hoc or contract-by-contract basis. 1.1.5.3.2.3. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of Section 1.A.5.c.(2). 1.1.5.3.3. With respect to materials or supplies purchased from DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the materials and supplies themselves toward DBE goals. 1.1.5.3.4. Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT-assisted Contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services. 1.1.5.4. If the Contractor chooses to assist a DBE firm, other than a manufacturing material supplier or regular dealer, and the DBE firm accepts the assistance, the Contractor may act solely as a guarantor by use of a two-party check for payment of materials to be used on the project by the DBE. The material supplier must invoice the DBE who will present the invoice to the Contractor. The Contractor may issue a joint check to the DBE and the material supplier and the DBE firm must issue the remittance to the material supplier. No funds shall go directly from the Contractor to the material supplier. The DBE firm may accept or reject this joint checking arrangement. Amendment, EAR Telecommunications, LLC Page 8 of 13 PO NO: The Contractor must obtain approval from the Owner before implementing the use of joint check arrangements with the DBE. Submit to the Owner, Joint Check Approval Form 2178 for requesting approval. Provide copies of cancelled joint checks upon request. No DBE goal credit will be allowed for the cost of DBE materials that are paid by the Contractor directly to the material supplier. 1.1.5.5. No DBE goal credit will be allowed for supplies and equipment the DBE subcontractor leases from the Contractor or its affiliates. 1.1.5.6. No DBE goal credit will be allowed for the period of time determined by the Owner that the DBE was not performing a CUF. The denial period of time may occur before or after a determination has been made by the Owner. In case of the denial of credit for non-performance of a CUF of a DBE, the Contractor will be required to provide a substitute DBE to meet the Contract goal or provide an adequate good faith effort when applicable. 1.1.6. Records and Reports. 1.1.6.1. The Contractor shall submit monthly reports, after work begins, on DBE payments to meet the DBE goal and for DBE or HUB race-neutral participation. Report payments made to non-DBE HUBs. The monthly report is to be sent to the Owner. These reports will be due within 15 days after the end of a calendar month. These reports will be required until all DBE subcontracting or material supply activity is completed. Form SMS.4903, "DBE Progress Report," is to be used for monthly reporting. Form. SMS.4904, "DBE Final Report," is to be used as a final summary of DBE payments submitted upon completion of the project. The original final report must be submitted to the Owner. These forms may be obtained from the Owner or may be reproduced by the Contractor. The Owner may verify the amounts being reported as paid to DBEs by requesting copies of cancelled checks paid to DBEs on a random basis. Cancelled checks and invoices should reference the Owner's project number. 1.1.6.2. DBE subcontractors and/or material suppliers should be identified on the monthly report by Vendor Number, name, and the amount of actual payment made to each during the monthly period. Negative reports are required when no activity has occurred in a monthly period. 1.1.6.3. All such records must be retained for a period of 3 years following completion of the Contract work, and shall be available at reasonable times and places for inspection by authorized representatives of the Owner, the Department or the DOT. Provide copies of subcontracts or agreements and other documentation upon request. 1.1.6.4. Before receiving final payment, the Contractor shall submit Form SMS.4904, "DBE Final Report". If the DBE goal requirement is not met, documentation supporting Good Faith Efforts, as outlined in Section 1.A.3.c of this Special Provision, must be submitted with the "DBE Final Report." 1.1.6.5. Provide a certification of prompt payment in accordance with the Owner's prompt payment procedure to certify that all subcontractors and suppliers were paid from Amendment, EAR Telecommunications, LLC Page 9 of 13 PO NO: the previous months payments and retainage was released for those whose work is complete. Submit the completed form each month and the month following the month when final acceptance occurred at the end of the project. 1.1.7. Compliance of Contractor. To ensure that DBE requirements of this DOT assisted Contract are complied with, the Owner will monitor the Contractor's efforts to involve DBEs during the performance of this Contract. This will be accomplished by a review of monthly reports submitted to the Owner by the Contractor indicating his progress in achieving the DBE Contract goal, and by compliance reviews conducted on the project site by the Owner. The Contractor shall receive credit toward the DBE goal based on actual payments to the DBE subcontractor. The Contractor shall notify the Owner if he/she withholds or reduces payment to any DBE subcontractor. The Contractor shall submit an affidavit detailing the DBE subcontract payments before receiving final payment for the Contract. Contractors' requests for substitutions of DBE subcontractors shall be accompanied by a detailed explanation which should substantiate the need for a substitution. The Contractor may not be allowed to count work on those items being substituted toward the DBE goal before approval of the substitution from the Owner. The prime Contractor is prohibited from providing work crews and equipment to DBEs. DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the prime Contractor or its affiliates is not allowed. When a DBE subcontractor named in the commitment under Section 1.A.3.a. of this Special Provision, is terminated or fails to complete its work on the Contract for any reason, the prime Contractor is required to make good faith efforts to find another DBE subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal. A Contractor's failure to comply with the requirements of this Special Provision shall constitute a material breach of this Contract. In such a case, the Owner reserves the right to terminate the Contract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor, or to secure a refund, not as a penalty but as liquidated damages to the Owner or such other remedy or remedies as the Owner deems appropriate. Forward Form 2371, "DBE Trucking Credit Worksheet," completed by the DBE trucker every month DBE credit is used. 1.2. Article B. Race-Neutral Disadvantaged Business Enterprise Participation. It is the policy of the DOT that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 Subpart A, be given the opportunity to compete fairly for Contracts and subcontracts financed in whole or in part with Federal funds and that a maximum feasible portion of the Department's overall DBE goal be Amendment, EAR Telecommunications, LLC Page 10 of 13 PO NO: met using race-neutral means. Consequently, if there is no DBE goal, the DBE requirements of 49 CFR Part 26, apply to this Contract as follows: The Contractor will offer DBEs as defined in 49 CFR Part 26, Subpart A, the opportunity to compete fairly for Contracts and subcontractors financed in whole or in part with Federal funds. Race-Neutral DBE and non-DBE HUB participation on projects with no DBE goal shall be reported on Form SMS.4903, "DBE or HUB Progress Report" and submitted to the Owner each month and at project completion. Payments to DBEs reported on Form SMS.4903 are subject to the requirements of Section 1.1.5., "Determination of DBE Participation." The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate. All other terms and conditions and other requirements contained in Request for Proposal ("RFP") No. 15-0100 remain unchanged. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. In the event of any conflict between the documents, the terms and conditions of City's RFP No. 15-0100 and City's Standard Terms and Conditions, attached hereto, shall control. The term "Vendor," "Contractor," or "Seller" shall include the Vendor, and his/her officers, agents, employees, representatives, servants, contractors or subcontractors. The term "City" shall include its officers, employees, agents, and representatives. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Parties agree that no payment, compensation or adjustment or any kind (other than the extensions of time provided for) shall be made to the Vendor for damages because of hindrances or delays from an cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable, and the Vendor agrees that he will make no claim for compensation, damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays said extension of time. The deduction for liquidated damages shall be One Thousand Dollars ($1000.00) per calendar day for this project. The undersigned below represent and warrant that he/she has the power and authority to execute this Agreement, binding the respective parties, and that the execution and performance of this Agreement has been duly authorized by all necessary action by Mayor and Council Communication P-11761 approved on June 16, 2015 for Fiber Optic Services and Support. Amendment, EAR Telecommunications, LLC Page 11 of 13 PO NO: This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. Executed on this the day of 20�: CITY OF FORT WORTH: EAR TELECOMMUNICATIONS, LLC By: �' By: -11 Fol Jay Chapa Name: Assistant City Manager Title: \ Ce-S'Aer / ®1 W Date: L -2 , Date: A-� f'v ATTEST: By' x°°°00°°° Maryser ' City Secretary APPROVED AS TO FORM AND LEGALITY: By: �J \ Guillermo Samuel Trevino Assistant City Attorney Contract /Authorization: M&C P-11761 Date: �J - of OFFICIAL RECORD : CITY SECRET' ,RY/ Amendment, EAR Telecommunications, LLC FT. WORTH, Page 12 of 13 PO NO: Attachments Appendix • FHWA 1273 Form — Revised May 1, 2012 • City of Fort Worth Federally Funded Projects Document • Davis Bacon Wage Rate, TX150035 Amendment, EAR Telecommunications, LLC Page 13 of 13 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973, as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders, rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order, rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor, lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts, in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity: Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment, upgrading,demotion,or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring, upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion, layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color, religion,sex, national cognizant of, and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship, and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color, religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors, including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color, national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11. Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color, religion,sex, national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color, religion,sex, national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating, hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover 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 III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4). Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein: Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color, religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms, locker rooms,and other laborers or mechanics, including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate, including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from the U.S. Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration, U.S. Department of Labor, a. All laborers and mechanics employed or working upon Washington, DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof, regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits. Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found, upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/Wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic, including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may, after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper, apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, shall contain the name,address,and social security number of and that no deductions have been made either directly or each such worker, his or her correct classification,hourly rates indirectly from the full wages earned,other than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training, Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed. In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages; liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic, including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section, in the sum of$10 for each 9. Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a. By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph (2.)of this section. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier c.The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1 tate subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. 7 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee, in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor, in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C. 3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4. No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is 8 "Whoever, being an officer, agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person, association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation, or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction. However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed, or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts, or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification, in addition to other remedies be performed,or materials furnished or to be furnished, in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat. 355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder, proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into, it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility SUSPENSION, INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification, in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts, lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders, lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a. By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j. Except for transactions authorized under paragraph(D of changed circumstances. these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms'covered transaction,""debarred," person who is suspended,debarred, ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause, are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or ***** subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended, proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible, or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, unless connection with obtaining, attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification, in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred, suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred, or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants,each 2. Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is (Applicable to all subcontracts, purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a. By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into. If it is later determined that the prospective these instructions, if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred, ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid 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 Federal 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 cooperative agreement. b. 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 Federal 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. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1 c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work, (b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 1. SPECIAL INSTRUCTIONS TO CONTRACTORS AND SUBCONTRACTORS ON FEDERALLY FUNDED 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 HUD 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 pay 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 EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES"form must be submitted. 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 contract/work order are to be maintained during the course of work and preserved for a period of three years thereafter. 1.2.4 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 persons who perform work on the project must be shown on the payroll.The address and social security number for each employee must be included the first time that employee appears on the payroll and any time their address change. 1.2.6 Payrolls are required for weeks in which no work 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,must 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 TX150035. 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 1 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 pri nary 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 equal or exceed the prescribed hourly rate for the particular work classification. 1.2.13 Dual work classifications within the same payroll period are acceptable provided that a signed verification of the dual work classification is furnished from the employee. When dual work classifications are used submit the form "EMPLOYEES STATEMENT OF WORK VERIFICATION". 1.2.14 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 plmnber 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"lockin"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 Alex Rivera, Senior Contract Compliance specialist at 817- 392-8365. 1.3. The Copeland Act prohibits kickbacks being paid by the employee to the employer and requires the weekly submission of payrolls. 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 excess 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 FUNDS AND/OR WITHHOLDING OF INSURED ADVANCES. 2. OTHER REQUIREMENTS 2.1. If this project is assisted in whole or in part by any federal funds,any work orders will be subject to the following applicable federal laws: 2.1.1 Regulations at 24 CFR Part 570 pertaining to CDBG("CDBG Regulations") 2.1.2 Title I of the Housing and Community Development Act of 1974 as amended(42 USC 5301 et seq.) 2 2.1.3 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.)and its related regulations at 49 CFR Part 24 2.1.4 Title VI of the Civil Rights Act of 1964(42 USC 2000d et seq.) 2.1.5 Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.) 2.1.6 Executive Orders 11063, 11246,as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 2.1.7 The Age Discrimination in Employment Act of 1967(29 USC 621) 2.1.8 The Age Discrimination Act of 1975 (42 USC 6101 et seq.) 2.1.9 Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.)and 24 CFR Part 8 where applicable 2.1.10 The Americans with Disabilities Act of 1990 (42 USC 1210 1) 2.1.11 National Environmental Policy Act of 1969,as amended,42 USC 4321 et seq.("NEPA")and the related authorities listed 24 CFR Part 58 2.1.12 The Clean Air Act,as amended(42 USC 7401 et seq.),the Clean Water Act of 1977,as amended(33 USC 1251 et seq.)and the related EPA regulations at 40 CFR Part 15,as amended from time to time,and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. 2.1.13 The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.),specifically including the provisions requiring employer verification of the legal status of its employees 2.1.14 Drug Free Workplace Act of 1988 (41 USC 701 et seq.)and 24 CFR Part 23,Subpart F 2.1.15 Regulations as 24 CFR Part 87 related to lobbying,including the requirement that certifications and disclosures be obtained from all covered persons 2.1.16 Executive Order 12549 and 24 CFR Part 5.105 (c)pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. 2.2 Section 3 of the Housing and Urban Development Act of 1968,as amended, (12 USC 170lu et seq.)and its related regulations at 24 CFR Part 135 2.2.1 If the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 13 5.3 8("Section 3")requires that the following clause be inserted in all covered contracts("Section 3 Clause") Such covered contracts or activities include CDBG-funded construction,reconstruction, conversion or rehabilitation of housing as set forth at 24 CFR 135.5. A. The work to be performed under this contract/work order is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 170lu(section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to low-and very low- income persons,particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract/work order agree to comply with HUD's regulations in 24 CFR Part 135,which implement Section 3.As evidenced by their execution of this contract,the Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'representative of the contractor's commitments under this section 3 clause,and will post copies of the notice in 3 conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions,including training positions,that are filled(1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default,and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act (25 U.S.C.450e)also applies to the work to be performed under this contract. Section 7(b)requires that to the greatest extent feasible(i)preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b)." 2.2.2 City and Contractor understand and agree that compliance with the provisions of Section 3,the regulations set forth in 24 CFR Part 135,and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program,binding upon City and Contractor,and their respective successors, assigns and subcontractors.Failure to fulfill these requirements shall subject Contractor and its subcontractors,and their respective successors and assigns,to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. 3. OTHER LAWS THAT MAY APPLY 3.1. Contractor covenants and agrees that its officers,members,agents, employees,Program participants and subcontractors shall abide by and comply with all other laws,Federal,state and local,relevant to the performance of this Contract,including all applicable City ordinances,rules and regulations and Title I of the Housing and Community Development Act of 1974(42 USC 5301 et seq.),as amended,and the CDBG Regulations,as amended,(24 CFR Part 570 et seq.).Contractor further promises and agrees that it has read,and is familiar with,the terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG. 3.2. Under the provisions of 24 CFR 85, certain provisions are required for all contracts using grant funds provided by the U.S.Department of Housing and Urban Development. In addition,these provisions are incorporated into this contract to address certain contingencies which may arise under the course of work for this contract. Contractor understands and agrees that federal agencies funding the work under this contract,in whole or in part,as well as federal regulatory agencies and the congress are permitted to 4 require changes,remedies, changes conditions,access and records retention, suspension of work,and other clauses approved by the Office of Federal Procurement Policy. 3.2.1 Upon identification of possible breaches of contract,and prior to exercising its termination rights under this Contract,City may elect to exercise any of the following administrative remedies: 3.2.1.1 issuance of warning letter indicating that further failure to comply with applicable requirements will result in serious sanction and giving Contractor a limited time to correct the deficiency; 3.2.1.2 placing conditions upon award of future grants; 3.2.1.3 directing Contractor to stop incurring costs until the deficiency is corrected and the correction is verified; 3.2.1.4 requiring repayment of previously reimbursed grant funds;or 3.2.1.5 reducing the amount of pending grant awards or disallowing future awards to Contractor. The City's election to exercise any, all,or none of the aforementioned administrative remedies does not act as a waiver of any of City's other rights or remedies under the law or this Contract for the enforcement of this Contract or the recovery of any damages relating to Contractor's actions or inactions relating to the Program,CDBG funds,and/or this Contract. 3.2.2 Compliance with Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity",as amended by Executive Order 11375 of October 13, 1967,and as supplemented in Department of Labor regulations(41 CFR chapter 60). (All construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) 3.2.3 For contracts and subgrants for construction or repair,Copeland"Anti-Kickback"Act(18 U.S.C. 874)as supplemented in 29 CFR Part 3. 3.2.4 For construction contracts in excess of$2,000 awarded by Contractor when required by Federal grant program legislation,Davis-Bacon Act(40 U.S.C.276a to 276a-7)as supplemented in 29 CFR Part 5. 3.2.5 For construction contracts awarded by Contractor in excess of$2,000,and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327A 330)as supplemented by 29 CFR Part 5. 3.2.6 Notice to awarding Contractor requirements and regulations pertaining to reporting. Contractor will submit to City on a weekly basis: (1)Payroll,(2)Statement of Compliance-for each payroll,as applicable, for services and activities accomplished by Contractor in performance of this Contract. Payroll and the Statement of Compliance must be signed by a duly authorized agent of the Contractor and submitted each Friday of the week following the week being reported. 3.2.7 All information and data arising from the work performed under this contract shall be the property of the City of Fort Worth and may be subject to disclosure to third parties and additionally may be subject to release to the public under the provisions of the Texas Open Records Act. Contractor shall release and provide to the city or its authorized designee all information and data related to performance of work under this contract. Contractor shall not limit or attempt to limit access to information or data by the city nor shall contractor obtain or attempt to obtain a copyright to such information or data. Contractor understands and agrees that data may be released to third parties,including but not limited to the federal Department of Housing and Urban Development at the sole discretion of the city. 3.2.8 In the event a patentable invention is created as part of this Contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall,at the sole discretion of the city, 5 be assigned to city upon demand.The city retains all rights to intellectual property developed in the course of work of this contract. 3.2.9 In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract,Contractor shall notify City of the copyright and the copyright shall,at the sole discretion of the city,be assigned to city upon demand. 3.2.10 City,HUD, and the United States Comptroller General,or their respective representatives, shall have access for four(4)years following the termination of this Contract to any books, documents,records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours.This provision shall survive the termination or expiration of this Contract. 3.2.11 All records pertaining to Contract,including but not limited to any books,documents,and papers, shall be retained for four(4)years following the termination of this Contract. Contractor may destroy Program records at the end of this four(4)year period if no outstanding audit finding exists. This provision shall survive the termination or expiration of this Contract. 3.2.12 The Clean Air Act,as amended(42 USC 7401 et seq.),the Clean Water Act of 1977,as amended(33 US 1251 et seq.)and the related EPA regulations at 40 CFR Part 15,as amended from time to time,and Executive Order 1173 8. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. 3.2.13 Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Action (Pub. L. 94A 163, 89 Stat. 871),(53 FR 8068,8087,Mar. 11, 1988,as amended at 60 FR 19639, 19642,Apr. 19, 1995). 4. NON DISCRIMINATION 4.1. Contractor will not unlawfully discriminate against any person or persons because of sex,race,religion, age,disability, color,national origin,or familial status,nor will Contractor permit its officers,members, agents,employees,subcontractors or Program participants to engage in such discrimination. 4.2. Contractor covenants that neither it nor any of its officers,members, agents,employees,Program participants or subcontractors,while engaged in performing this Contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terns, conditions or privileges of their employment,discriminate against persons because of their age except on the basis of bona fide occupational qualification,retirement plan or statutory requirement. 4.3. Contractor further covenants that neither it nor its officers,members, agents,employees, subcontractors, Program participants,or persons 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. 4.4. In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on 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 Contractor,or employees of Contractor or any of its subcontractors. 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 or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 4.5. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17,Article III,Division 3 "Discrimination in Employment Practices",of the City Code,and Contractor hereby covenants and agrees that Contractor,its officers,members,agents,employees and 6 subcontractors,have fully complied with all provisions of same and that no employee, employee- applicant or Program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers,members,agents,employees or subcontractors. 7 TX150035 MOD 0 LAST MODIFICATION TX35 ****THIS WAGE DETERMINATION WAS ACTIVE AS OF THE END OF YEAR**** General Decision Number: TX150035 01/02/2015 Superseded General Decision Number: TX20140035 State: Texas Construction Type: Highway Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges) . Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10. 10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 * SUTX2011-007 08/03/2011 Rates Fringes CONCRETE FINISHER (Paving and Structures) . . . . . . . . . . . . . . . . . . . . . .$ 14.12 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 19.80 FORM BUILDER/FORM SETTER Paving & Curb. . . . . . . . . . . . . . .$ 13.16 Structures. . . . . . . . . . . . . . . . . .$ 13.84 LABORER Asphalt Raker. . . . . . . . . . . . . . .$ 12. 69 Flagger. . . . . . . . . . . . . . . . . . . . .$ 10.06 Laborer, Common. . . . . . . . . . . . .$ 10.72 Laborer, Utility. . . . . . . . . . . .$ 12.32 Pipelayer. . . . . . . . . . . . . . . . . . .$ 13.24 Work Zone Barricade Servicer. . . . . . . . . . . . . . . . . . . .$ 11. 68 POWER EQUIPMENT OPERATOR: Asphalt Distributor. . . . . . . . .$ 15.32 Asphalt Paving Machine. . . . . .$ 13.99 Broom or Sweeper. . . . . . . . . . . .$ 11.74 Concrete Pavement Finishing Machine. . . . . . . . . . .$ 16.05 Concrete Saw. . . . . . . . . . . . . . . .$ 14 .48 Crane Operator, Lattice Boom 80 Tons or Less. . . . . . . .$ 17.27 Crane Operator, Lattice Boom over 80 Tons. . . . . . . . . . .$ 20.52 Crane, Hydraulic 80 Tons orLess. . . . . . . . . . . . . . . . . . . . .$ 18.12 Crawler Tractor. . . . . . . . . . . . .$ 14 .07 Excavator, 50, 000 pounds orless. . . . . . . . . . . . . . . . . . . . .$ 17. 19 Excavator, over 50, 000 pounds. . . . . . . . . . . . . . . . . . . . . .$ 16. 99 Foundation Drill , Truck Mounted. . . . . . . . . . . . . . . . . . . . .$ 21.07 Foundation Drill, Crawler Mounted. . . . . . . . . . . . . . . . . . . . .$ 17. 99 Front End Loader 3 CY or Less. . . . . . . . . . . . . . . . . . . . . . . .$ 13. 69 Front End Loader, over 3 CY.$ 14 .72 Loader/Backhoe. . . . . . . . . . . . . .$ 15.18 Mechanic. . . . . . . . . . . . . . . . . . . .$ 17. 68 Milling Machine. . . . . . . . . . . . .$ 14.32 Motor Grader, Fine Grade. . . .$ 17.19 Motor Grader, Rough. . . . . . . . .$ 16.02 Pavement Marking Machine. . . .$ 13.63 Reclaimer/Pulverizer. . . . . . . .$ 11.01 Roller, Asphalt. . . . . . . . . . . . .$ 13.08 Roller, Other. . . . . . . . . . . . . . .$ 11.51 Scraper. . . . . . . . . . . . . . . . . . . . .$ 12. 96 Small Slipform Machine. . . . . .$ 15.96 Spreader Box. . . . . . . . . . . . . . . .$ 14.73 Servicer. . . . . . . . . . . . . . . . . . . . . . . . .$ 14.58 Steel Worker (Reinforcing) . . . . . . .$ 16.18 TRUCK DRIVER Lowboy-Float. . . . . . . . . . . . . . . .$ 16.24 Off Road Hauler. . . . . . . . . . . . .$ 12.25 Single Axle. . . . . . . . . . . . . . . . .$ 12.31 Single or Tandem Axle Dump Truck. . . . . . . . . . . . . . . . . . . . . . .$ 12.62 Tandem Axle Tractor with Semi Trailer. . . . . . . . . . . . . . . .$ 12.86 Transit-Mix. . . . . . . . . . . . . . . . .$ 14.14 WELDER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14.84 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classifications) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION Page 1 of 9 FORT WORTH CITY OF FORT WORTH P.O.DATE: 10/3/2015 Purchase Order Blanket Order Number PO-15-00088625 SHOW THIS NUMBER ON ALL PACKAGES, INVOICES AND SHIPPING PAPERS. V Vendor Number:0000037739 TRANSPORTATION&PUBLIC WORKS E EAR TELECOMMUNICATIONS LLC S Administration 20325 CROOKED STICK DR H 1000 Throckmorton Street N PFLUGERVILLE,TX 78660 1 FORT WORTH,TX 76102 D p R O Phone: (817)392-1111 INVOICES: Direct invoices in DUPLICATE to the address shown. MAIL INVOICE IN DUPLICATE TO: STANDARD PURCHASING TERMS AND CONDITIONS set forth in the B TRANSPORTATION&PUBLIC WORKS City of Fort Worth's Bid or Quotation, are incorporated herein by 1 Administration reference and become a part of this order. L 1000 Throckmorton Street L FORT WORTH,TX 76102 T 0 Phone: (817)392-1111 Payment Terms: Net 30 Shipping Terms: Destination,Prepaid&Allowed Bid No.: 15-0100 Delivery Calendar Day(s)A.R.O.: 0 Item Requisition Quantity Unit Unit Price Total 72 The City of Fort Worth is exercising the initial Purchase Agreement with EAR Telecommunications LLC,for Fiber Optic Services and Support for the Transportation and Public Works Department. This agreement shall begin June 17, 2015 and expire on June 16,2016. This Agreement may be renewed for up to four additional one-year terms at the City's option. All prices,terms and conditions of the Agreement shall be as stated in Bid 15-0100, Upon accepting a release order from our user department/division for this agreement,please insure that you are provided a purchase order number and a release number. Invoices must be mailed to the ordering department/division releasing service/commodity and the invoice shall contain: 1)Bid number;2) Department Purchase Order Number;3)Release Number;4)Department Name;5) Address where service/commodity was delivered. Class-Item 968-83 1 Place New Cable,Lashed(ABV') 100000 FT $0.65 $65,000.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 2 Place New Cable,Lashed(not ABV) 10000 FT $0.05 $500.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 3 Place Inner duct/Maxcell in Existing Conduit 10000 FT $0.50 $5,000.00 LN/FY/Account Code Dollar Amount H Page 2 of 9 Class-Item 968-83 4 Place New Cable in Existing Conduit 50000 FT $0.55 $27,500.00 LN/FY/Account Code DollarAmount H Class-Item 968-83 5 Overlash New Cable to Existing 25000 FT $0.05 $1,250.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 6 Trim Trees,Individual Spans(ABV) 20 EA $5.00 $100.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 7 Place or Replace Tree Guard 5 EA $0.05 $0.25 LN/FY/Account Code Dollar Amount Class-Item 968-83 8 Rework Cable around Tree Limb 100 HR $0.05 $5.00 LN/FY/Account Code DollarAmount H Class-Item 968-83 9 Place Fully Loaded Fiber Patch Panel(FPP) 100 EA $5.00 $500.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 10 Place Fiber Distribution Panel/Connector Housing(FDP) 10 EA $1.00 $10.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 11 Place Conenctor Panel in FDP 120 EA $8.00 $960.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 12 Place Polished SC or ST connector/Terminate SM Fiber 1500 EA $5.00 $7,500.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 13 Repair and Replace Existing Splice Case 2 EA $2.00 $4.00 Page 3 of 9 LN/FY/Account Code Dollar Amount H Class-Item 968-83 14 Hang or Rehang splice case 25 EA $45.00 $1,125.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 15 Place Extension Bracket 15 EA $1.00 $15.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 16 Fusion Splicing,SM Fiber (12 strand minimum) 2500 EA $17.00 $42,500.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 17 BI-Directional OTDR Testing(node to node) 2500 EA $7.50 $18,750.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 18 Bi-Directional Power Meter Testing(node to node) 2500 EA $0.50 $1,250.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 19 Transfer Cable at Deadend Pole 5 EA $0.05 $0.25 LN/FY/Account Code Dollar Amount H Class-Item 968-83 20 Transfer Down or Overhead Guy 5 EA $0.05 $0.25 LN/FY/Account Code Dollar Amount H Class-Item 968-83 21 Transfer Extension Bracket 5 EA $0.05 $0.25 LN/FY/Account Code Dollar Amount H Class-Item 968-83 22 Transfer Riser Cable&U-guard (90degree bend,cable,duct and/or innerduct) 5 EA $1.00 $5.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 Page 4 of 9 23 Transfer Sidewalk Guy 5 EA $0.05 $0.25 LN/FY/Account Code Dollar Amount // Class-Item 968-83 24 Top Pole 5 EA $0.68 $3.40 LN/FY/Account Code Dollar Amount Class-Item 968-83 25 Contact Steel Pole 50 EA $25.00 $1,250.00 LNIFY/Account Code Dollar Amount !/ Class-Item 968-83 26 Pole Make ready 200 EA $50.00 $10,000.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 27 Unlash/Relash Broken Lashing Wire 10 EA $0.05 $0.50 LNIFY/Account Code Dollar Amount Class-Item 968-83 28 Relocate Slack, Lashed Cable 25 EA $0.05 $1.25 LN/FY/Account Code Dollar Amount // Class-Item 968-83 29 Delash Cable 10 EA $0.05 $0.50 LN/FY/Account Code Dollar Amount Class-Item 968-83 30 Delash Slack 500 FT $0.05 $25.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 31 Remove/Replace Strand 1000 FT $0.05 $50.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 32 Remove Cable+Strand 1000 FT $0.05 $50.00 LN/FY/Account Code Dollar Amount Page 5 of 9 Class-Item 968-83 33 Procure and Place Wood Pole(30') 10 EA $750.00 $7,500.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 34 Procure and Place Wood Pole(35') 10 EA $750.00 $7,500.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 35 Place New Anchor 20 EA $90.00 $1,800.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 36 Place New or Replace Overhead Guy 40 EA $25.00 $1,000.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 37 Place,Replace or Rehoist Down Guy 5 EA $0.68 $3.40 LN/FY/Account Code Dollar Amount // Class-Item 968-83 38 Place or Replace Guy Guard 5 EA $0.05 $0.25 LN/FY/Account Code Dollar Amount H Class-Item 968-83 39 Place New or Replace Sidewalk Guy 5 EA $0.05 $0.25 LN/FY/Account Code Dollar Amount H Class-Item 968-83 40 Place New Strand,with hardware 90000 FT $0.35 $31,500.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 41 Place New Riser 25 EA $45.00 $1,125.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 42 Hwy Closing with Police Support 32 HR $90.00 $2,880.00 Page 6 of 9 LN/FY/Account Code Dollar Amount H Class-Item 968-83 43 Traffic Control Setup 15 DAY $300.00 $4,500.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 44 Troubleshooting 200 HR $25.00 $5,000.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 45 Mobilization for afterhour emergency response 8 EA $200.00 $1,600.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 46 Tree Guard 5 EA $2.36 $11.80 LN/FY/Account Code Dollar Amount H Class-Item 968-83 47 Anchor Rods 100 EA $14.71 $1,471.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 48 Small Splice Case 20 EA $101.20 $2,024.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 49 Large Splice Case 10 EA $193.20 $1,932.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 50 Riser Guard 25 EA $27.83 $695.75 LN/FY/Account Code Dollar Amount H Class-Item 968-83 51 Sm Polish Connectors 1500 EA $4.43 $6,645.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 Page 7 of 9 52 1 Meter Fiber Patch Cable 100 EA $9.47 $947.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 53 Spider fan out kit 100 EA $60.95 $6,095.00 LN/FY/Account Code Dollar Amount // Class-Item 968-83 54 Buffer tube fan out kit 50 EA $13.80 $690.00 LN/FY/Account Code Dollar Amount // Class-Item 968-83 55 Splice tray 10 EA $11.79 $117.90 LN/FY/Account Code Dollar Amount // Class-Item 968-83 56 Strand with hardware 115000 LFT $0.20 $23,000.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 57 Innerduct(3/4") 1000 LFT $0.33 $330.00 LN/FY/Account Code Dollar Amount // Class-Item 968-83 58 Innerduct(1.5") 1000 LFT $0.30 $300.00 LN/FY/Account Code Dollar Amount // Class-Item 968-83 59 Maxcell 3"3-cell 1000 LFT $2.65 $2,650.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 60 Maxcell 3"2-cell 1000 LFT $1.50 $1,500.00 LN/FY/Account Code Dollar Amount Class-Item 968-83 61 Maxcell 2"2-cell 4000 LFT $1.30 $5,200.00 LN/FY/Account Code Dollar Amount // Page 8 of 9 Class-Item 968-83 62 Maxcell 2"1-cell 4000 LFT $0.50 $2,000.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 63 24 Port Patch Panel(Fully Loaded) 100 EA $122.36 $12,236.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 64 Corning CCH-04U Connector Housing 10 EA $258.75 $2,587.50 LN/FY/Account Code Dollar Amount H Class-Item 968-83 65 Corning CCH-CP06-59 Connector Panel 40 EA $30.00 $1,200.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 66 Corning CCH-CP08-3C Connector Panel 40 EA $45.00 $1,800.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 67 Corning CCH-CP12-59 Connector Panel 40 EA $66.70 $2,668.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 68 Corning 96 strand SM OSP armor fiber optic cable 10000 LFT $0.95 $9,500.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 69 Corning 48 strand SM OSP armor fiber optic cable 10000 EA $0.52 $5,200.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 70 Corning 24 strand SM OSP armor fiber optic cable 10000 EA $0.36 $3,600.00 LN/FY/Account Code Dollar Amount H Class-Item 968-83 71 Corning 12 strand SM OSP armor fiber optic cable 10000 EA $0.26 $2,600.00 I Page 9 of 9 LN/FY/Account Code Dollar Amount TOTAL: $344,765.75 APPROVED: I 9-' s Rev.20091027 By: Eryck Walker Phone#: (817)392-6610 BUYER , V,,,.1,!,,�T:IT� � ,�,�, ,��,� . , � ,, 11 ' ' I I -_ I � I. , � 1� � .' � �:j'. . -, � *_D- - , I I - '' I � I � ­­ � fiN' I � ­ � I ­ - �.z . 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REQUEST FOR PROPOSALS;(RFI'} for FIBER OPTIC SERVICES RFP No 'L=0104 . - " Issued Feb.uary 1$,2015`. ;PROPOSAL SUBMISSION DEADLINE: . . x'`'`xX,**March'19.2015 by 1-30PM Local Time****x** ND L.4TE.PROPOSAL WILz BE ACCEP2'ED RESPOI�ISES SHALL BE DEI;IVERED TOS`' RESPONSES SHALL BE MAILED TO; 11 I I I I I 77 CITY OF II 111. 1 VORTH PURCHASING DIVISION CITY OF FORT WORTH PURCHASING DIVISION LOWER LEVEL.; LOWER LEVEL _.i"!T-.��1l��._I�1.,r'1t�";b�',:.�;:l.*1f�.��­Il-,-­,--1�.1--�,��;''�V��s1t1I.�'-I.�I�-­�,:bI T,I,��:.1,'7­_,:;­""I�-�'*-'�'i­'­�,�,.T�:_:i_­�b-�7­Is­"­�II'�s'��I:114::-:�-I:.d:6,,,,''­�_.I-­.T,!-_;':;_'1_,.­�::_-_�-t:-.''TI,-IsII�"'�'''�j';'-1�C'�'.1",��.l­',1�:''�.l..I:":-"w.:!:%;;1'-.-i,'._.,,,I:'_:,,�_�1�,­:::,­"�'."'�.:b,_s�.-.-­.�i"'�-.t-­I�1-7._-..I_rd.:�.�,::-:I4�.4-�:':�il�­:_�1:'I'���,­.._1.;.",���'�1I:�­I.�:.'�_::I*;1'i�'l._'"�T�.--­--�"--_:'�'�_�":b71.T�­�:���.'I-�1'"'*.-��,�:�::lI)­��'��,�:.T�';1�::,­:­d�­­i._.�I-:I:�-I*-,��_�,.�.,I..-i.--:C_.--."Z.:. 1000 THROCKMORTON S I REST 1000 THROCKMORTON STREET F:SRT WORTH,'TEXAS 7. IO2 hORT WORTH,TEXAS 76102. 1. i ,4 NAME AND ADDRESS OF COMPANY A Pre-groposa!conference wrl!be held February,25,1 SUBMITTING P_ROPio 2015 at 2 O.Opm;1000 Throckmorton S'tieeet;City Hall' Lower Level,SntaIl Purchasyng_Conference Room; 'EAR TelecommurncaflonS;:LLG Fort Worth,Texas 76102 *, .* * .'4k?* ***,*#4*,+**�*******"************* 2Q325 CroOked Stick Dr. . F¢R ADDITIONAL INFORMATION"- PflugenrPile, TX 78860 REGARDING THIS RP+P P'LEASE;GQNTiCT ; Eryck Walker,Senxar Buyer Eryek walker aG}f00 orthtexas gov -, Contaet Person CarlaS Renes RETURN THIS iCOVER SHEET WITH .. Title General Manager RESPONSE. Phone (512)850 1490 Fax:( ) Eryck Walker,Seiuor Buyer ; Purchasmg Division _8m Carlos re. es eartc. om Fin�nelal Management Se rvices Depar.#inept Signature, Printed Name.. WiII'contractbe available Far C_'! ti, Agreement use? 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ADDENDUM NO,l :DATE ISSUED:FEBRUARY-­�.,I,1��I­IiI,�:,I,_:II�,,'.I,:I1....�.,I'II::1::':�II.;I.� 24,2015 REQUEST FOR PROPOSALS NUMBER"15-0100 ,�:!'-1 I.II'-I�'.:,:I�I�,-I II­1.�.II,..:II1�. 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ORDINAL PROPOSAL S?QB3SSION ?ATE:MARCJ`I S9,2415(iincF��tnged) Addendum No 1,dated Febraaiy 27,'20I5 is hereby amended to incorporate xn foil text thII e following „ provisions 1 The 1. Pie'll ISubinittalltiteehng scheduled forljebruaiy.2?,205 at Z:00prri;has been cancefed'due to' weather concerns All questions will b1.e s' email and rosbondcd to in ac1:1cord a rice'with the RFP schedule of events.::;: . ; All other terms and conditions remain the same, ,. JACK l3A LE PURCHASING MANAGER .', ,+ '11rrttll'�1rr7�Ti1rr71r�rr■r"]Ir:rxrcalkrrrrmgrillrrrrrraaa■rrM;AMrwlt)maarrr.RYrrMllrrapd.y111llrl CQMPA�IY DAME L.7 11� 1"�,I 11 c2 l C Q -z,�-t �`1* �c t Dt•S L;'L� , l .. STGNA`I URE.: NOTE:. Compan name and sj nature nu t be the same as on the bid docuxu� nts. y $ k--v I I l k ,i . *.,.�.. ADDENDUM')C'O THE REQIIES'1�'FOR PROPOSALS . .. 15-0100 FIBER OPTIC SERVICES AD1:1DENDU14r III-N. 0I DATE ISSUED:1VMarch 13,"2015 REQUEST FUII R PROPOSALS:NYJMBER1S=UlOt) QRIGIlINAL PROP(1SAL SUBMISSION DATE`IVlarcb`26,2015(changed) Addendum No 3,dated Mardi 13;2415 is hereby amended to incerp . , in full te�Ct the following ;previsions; X " ; Request for Proposals due date has changed to"1:300m Maroh 26,24X S; 2, R�sp`onse to questions will be posted on or before�lVlarch l9,20I I 15,' II A1Lother terms'anc eonditions remain IIIthe Baine. c 3ACKDALE PUtCHASII;TG I1�ANAGER : . „ °7Nr Nma a i[w"r.Alit awa 31a���0 wx r IN 00 xx11 K0vvx:mmmwi lo,"w ii 1t1l1�rilwr draw"11t�.N4Nw� i;rwLif�ilaiix f�x, Tia}r COMPANY NAME. � � _- e n V�M�t.q `ICS S �- - 1 SIGNATURE; NOTE `Company name and;s;iginaturp must be the same.As on the bid.tloeuments ,.,:. j:�� , .,: :� �� I I IF `� :::. � :tq,­_� 1. 1:-_. . :. — ��: � I . �:�. _ , . 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I : I . .;�..I ::�,. , ,,,"1, � : . � . .� .I ­ 1.�.. I�::� �, :,:,",::,��:�,:,��:,:,,�. , � I�1�1 . I I � �­ �­ " 1. I I I �, ... . . : �� ,�:-��Izz i;,� � � 1. �� �:�: .11 � :I � 1 I � � �,�:, I-I� i .. .I �:f 1,� � - �­I ,I .1, I �I 11 I I I:�:: . I ­I I I I . . 1. �::: — ­­ : ,. ",� � !:�,:,�_� �-����, :I I I I,::,�: � ,. I I :�,T�-� ,�' ��::�, I �l� , .:*`�� ADDENDUIVI TO THE REQUEST FQR PROPOSALS . 15-010D F1BER(QPTIC SERVICES AbDENDUMNO:4 DAT1.E ISSITED;March8,2015 11:I:.. REQUEST F..OR PROPOSALS NU,M.SERI 1: 15-0100 ORIGINAL PROPOSAL SU1WWSSION DATE:Af g[ ch*6 2(115(unchanged)' Addendum No.,.dated March 18,2015 is hereby:amended'to Xncor orate;in full text the following' ;;provisions.., 1 4,Questions and Answers docuipent from all inqui .1 s... . 11 " , hereby mcorpgi fW in fblltext? a ,,pages 1 -4*'. Z Attachriient l=Listing of Intersections All other terms and'6601tions Amain the same Gam!. ACKDALE •PURCBASIIYG MAlYAGER; ; i : ";� .� „ rrrrrr- - rmIm kxrrwxxxxrr;raer�-wrrxx11, wxrxtr==rxY.r��rxxx`�i.kRr�lxa-axxixiix==xakwri.ir'rx1.IrRs -+ I 1: I., � I , I-1 " 1:, � �,,,�:�"_. . � ­­­­ ­.:��:� iI . I z,�: , ,�: L I . -.�m��--� — 1�11 .: ...; I -- 114 �_ '11­1;�:!. — ..11— : .- I'll A , .1.1 .I 1 I — �� 2��I � -_ 1 - _ II I : :. I i ''`1 . ��j �t � ­'�,��,;�,'.�l ���:�!��,�:., "Y'' I ::1 : I :., :�;i:t:1 - -Z��;�;;r�'."�,Z ..i�i,� ,m �.I ­� — — ­ ,;,� I _ , 3 .. � . I I I -i . :� :�� i�.. "I I � 11 ­­::�, :—1, .... ... p ­ I I ­�I �:, �i:li­ ­­­� � %­.:::�: , :��:��-:, ". .",I- C':.­�:�� _� !­�jOMPANY NAME' ., , , A-:''­ ::z ­:�­.. 1 t/ ,t 411 'y'...�--1,:��­S �� .,, - , � �; .— �: - . , - ,.1 . C?'I.- I'Lwt+�W ,.::� �, .r:. ­ , . � � . -­1, .�­�i� � .�;��,1: . .: . . , __......_­�t,� ­­ _. -1- :....�i:��4�:;� . .:__ ,t : . %� ; ; :�:;��,� �;:, �,�­ � .:,�_ .7 ­,� � ��­­�:i;,�!:�!!�: . ­­ ­ � , , �­ -—, -,,.::::- 1.11 , .1�.Ilc � ��_I I ­ , I .I. ...... ­ :: I !sl'zi, ­z�,,�z!!�: ,� :Z�� :.,::;�!:,.! I : �;,: I , .� .- —1� I I 1. I,1-1�! !�::­ ­ � ­ ­ 1-11 ....1.1-1 . , I � �: *�H`_. ��;: ­­I., �. I I ;,.- _ �� - -. . . ��­ 4:�,�:­ 1 ­ � ­ ":i �`­:�z ­­ - I I I .:SIGNp i,ATURP: ;!,­�� : :,. ::­ I - _1111j_:�_��;!_­,�,�...�, .; ­..'' NOTE Comiany Baine and stains ._a dust be the'same:as on the bid docwttee is QuestionsI and Answers(Q&A)for City'oFor1II t Worth 1wi'No,f5-0140,Fiber Optic ServacesI 1- 91. Is there a master plan or strategy already;developed? X11, Ne, curre1.n1 tly a master plan dI oes not e�ust,although it isI under development. I II Q2, Our understiuding of the t3 i's,that design services and eonstiuction are included .Please Confirm? " A2. This RFP is for installation of fiber optic caII­bleiI: onlI.y. Q31. What are the"phasing prioriti11-es of this project?` A3 .The project priorities yn U be based on task order assigrunen. Q4 Will you please proviide a'lrsf of�ut%grsections for the 800 traff"ia sign1.als? A4. , PleaII­ se.see Attachment 1—Listing"ofYnte'reactions. . Q . What is the 11­1ocation,of all.Crosed Circuit Televis o n(CCTV.)cameras covered i n der this I 11R�'P? . 11I'll :The location of all CC , AS TV cameras has not been ident1 I ified yet. F :, .: . Q6.. Where is the traffic management center? A6, The traffic management center is located at 5001 JaingII s Avenue,Fart Worth;Texas 761 XS �: Q 7. `We ui�nderstaud fi'oin.this RFI?that.tiiis solution shall lirov;de real timeideo.fxow each latersection to; .11I11;1the traffic iiianage ent center,Please conn m?. A7'. This pxoject will give­t,, he.City.aII component of'the system that ass the fiber optic cable: Once the entire.system is,m.place,the City will have real time data aiid vzdeo: Q8. What iII sI the currenII t integrated Transportatonaziagemeat System SofEware )� A8, _ The currentiTNIS is NlcCa wn QuicNetPro,the City is m the'preliiriinary stages ofidentifying a , replacer ienI solution. : 1t.XPI No.15-01001�ibcr Optic"1111 Servi1.ces,DI I ➢ate;03/1912015; Page:2 of 4 . ,. - . II Q9. What is the current make anti model of the signal controliers7_. A9.: A majority of them are 170 type signal controllers;41 the process of being replaced by ATC . controllers. - III ,. „Q10. W1. ho is"the City Piropet 1V:anager? A10,:`. The Project Manager bas yet to bpIdentified. I ; Will constiuI11 ctiou permits be required? . , A11. ': Yes;'construction poem are r0. d as needed whenever working`on public roadvsrays Q12, Tf Construction permits are regn2red,what are the requiremen-11 11-fs and proov Al2.< please visit the following city webpage for;all information tegatdaig permitrequirements and the process :http://fortworthtaxas koyltpw/permtts/ ;Q13, Section 5.29 references"con3municatrons`hu6s"and"node cabinets",please defineII each I III All Communication hubs are the.cabinets where backbone fiber optic cables ar`e terminated and r dasfributed,or ron-to;each individual signalized intersection,node cabinets ale traffic signal cabIrIinets. Q14 What are the speei cations for on premise constructaoni?Plenum cable,steel conduit, firewall penetration;etc? ;; II A14. The projecfi f6cus is to install fiber optic cable along roadways,between traffic signal cabiI�I1I nets andhub cabinets. _: :�Q15. Is tlie`terminal 1.equipment.referred to in seetxoi 427 capable of bx direchanal 1000 Mbls throughput? A15; ; Yes;the tennvm1 eituipinent referred to in sectton 6,27 is capable of bi dlr ct<onA 1000 Mbls throughput. Q16, Is the terminal equipment:.referred tiio in`section 1.6,I.2-''-':7capable of advaaced routing protocols?Such as: Open Shorter#Path A '.Bidirectidnai Forwarding Detection;Border : Gatewa Protocol or multicast r4utiit ? . y1.g Al b. No;the terminal equipment is not part of this RFP,switches and routers viill be procured under a separate contract : . : i2FP No.15-fl140,Fiber OpfiN:Services,DueJDate 03119/2015 Page 3 of Q17. Who I eviews submittals�and shop drawings and wWhat b the review process j g and shop dxawltgs;responding uponoompletion of ' 1- , The Pro e I - - , er wlll xe vi submittals this review; - ,. < . Q18, Can RFP 15-0:11100 be combined with RFP 15- 41 Al$. , No,RFP 15I 1:=0100 cannotbe combined with RFP 15=0115; II 119. What is the turnaround time on submittals? A19. It deppnds on inar� Aiffereritfactors,;butprioirrty w9.11,be givento this task in order1:1 to expedite and complete reviewsavithin;It, I" o working week11 s. . .Q20.. Does FTW have an ezpected`budget for 2015 in regards to this RFP? A20 The expected budget for 2015 in respect to this"PI z'*more than$250,40D.04 � �. 021. 3s thig.RFP 1.subject to Prewuxbug 11 Wage defexmlnatiori and repairttng? A21. Yes;the contract re a ting frgm.tbis"Y if awarded wlll by subject to 1?xevall�ng Wage determination suit reporting. III s: I l.. i.f (.` RFP No.15-0101;Filter Uptia ServIlces?Due stet 03/191 01S page of 9 . r* '^, r 5-- '1 2 3 III 1 EAFTeeCcm�nnuniaaiansLL� r - ��T _ _. _ + Y C'r' T - , .. : i, :-PROJECT- CITYOF FART WORTH 1810#: '18-0100 FIBER OPTIC SERVICES 1 TAMP.-7RANSP(?RTATION&PUBl1G 11VORICS CONTACT: Eryck,Walker(817j 392 8610; , - - --- _ i. LAflft - 1iIGP Coda :38 83 Traffic Signal 11(lainenance apcl Repair - _ ITEM NQ ITEM [3ESCRIR,rt10N GtUANTfTY UOM_: UNIT CQ$T TOTALII COST 1 (968 ,:$3) Place New Cable,Lashed(ABV) :' : 100 000.0 Ft 0.65 $65,000.00 21.(968 `83) Place New Cable,Lashed(not A8V) 1 o 000.0 000.0 Ft ;, 0 05 $500.00 11 1. .- 3;(968 : 83) :. Place Innef ducUMexcell in Existing Conduit `, 10,000.0 Ft O.SO 5;000.00 4�(968 - 8:8I-) Pace New Cable in Existing;Conduit I 0i. 000;0 Ft ,.. , 0.55 27.500.00 5{968 - 83.) Ovedash New Cable to heisting 25 000.0 Ft 1. 1111�10.05 7.250.00 6:{968 - 83) firim Trees,`Individual Spans(ABV) 20.0,,; Ea ' 5.00 100.0171 0 7:. qf883,) Place or ,c I I Guard 5.0 Ea 0.05 0.25 LL 8:(9681-I - 8: Rework I-LGable around Tree Limb 100,0 ' Hr OA5 5.00 9:(,968 - 83) Piave Fully Loaded Fiber Patch Panel(FPPJ:, 1 b0.0 Ea 5,00 500.0iL0 10;(968 -;83) Plebe Fitler Disinbuliort PL.anel/Connector Housing(FDP) 10.0 EL.a = 1.00 10 00 „11:-L 1I(968 83-LL) - :Place Conenctor Panel in FDP . 120.0 Ea L1I 8.00 960 00- L LL 12:(968 - 83,) Place Polished SC or ST connector/Terminate SM,giber 1150Q 0 Ea 5A0 : 7,500,00 137(,968 83) Repair and Replace Existing Splice CaseIrr 2 0 ` Ea 2.(0 =4A0 14:(968 - 83) Hang,of Rehang splice case 25,Q': ` i a 45.00 1 25.00" 15;(,968 - 83) Place Extension;Bracket : 15 0 ! Ea , , ':j,00 `..; 15.00 a II 16•(968 - 83;) Fusloh Splicing,SM Fiber (12 strand minimum) ' 2 500.0 Ea 17.00 ' 42,500.00 17 (9 68 - 83) Bi-Directional O7DR Testing(node to node) 2 500 0 Ea ;' 7 50 1$,750.00 18:(v..968 83V L J Bi Directional Power Meter Testing(node tI1,LL o node) 2,500 0 Ea 0.50 1 250.00 , 1Lj:LI r I 19:(968 -:83) Transfer Cable afAeadend Pole 5 0 Ea 0 05 0:25 Lr 2vrI 0 {;,968 -'83) Transfer Down ar Overhead Guy 5 0 ` Ea 0,05 .: 0.25 21:(968 - 83) Transfer.Ext,Le nsion Bracket; 5,0 ` Ea 0,r.05 0.25 Transfer Riser Cable&U guard'(90degree bend,cable rILrLI.L 22 P'-L, 83) duct and/or inherductp 5.p, Ea 1.00 5.06 23:(,968 - 83) Transfer Sidewalk Guy 5 0 Ea 0.05 0.25 r�vvI.I LI 24:.(968 - 83) - Top Pole 5 0. EaII 0.68. 3.40 25:(968 =;83), ContactStee);Poie 500 > a 25.00 1250.00 26:(968 - 83); Pole Make ea6y 200,0 Ea ;50.00 10;000.00 rLL 27:(968 -.83) llnlash/Relash Broken LashiOg Wire,° 10.0 Ea 0.05 0.50 28:(968 - 83) Relocafe 51ack,Lashed Cable 25.0 " .Ea :0.05 1.25 Page 1 .. � O }:. TJ�► �iS L 'Te� �trrt�ar , L .r>.=_. ._ _.:- :.:. ' _.....u:.t'' - _ yh :.z� :cam. _ , £ r 29:(968 ='83) Delash Cable 10 0 •` Ea ., ,..0.05 0.50 30. 61I - 83) Delash Slack X00 0 Ft. .:.: - 0,05 .25:00 I I II 31,(968 83II } Remove/RepII lace Sirand :: 1 000 0 Ft 06 50.00 I I 32;(968 83 j Remove Cable+Strand 1,000 0 FI `0,05' 50.00 33.(968 - 83) Procure and Place Wood Pole(30) 10 0 Ea 750.00 7,500.00 11, 34:(968 - 83) Procure and Place Wootl Pole(35� ' ` I .0 :` Ea 750.00 7 500.00 35:(968 - 83) . PlaceNew rl11- 200 Ea 90.00 1:,1 00II ; 361 ,9 - 83}I I, Place New nr Replace Overhead Guy 40 0' E1-.a• 26.00 1,000.00 37:,(968 - 83)'. Place,Replace or Reholst Down Guycj� 5 0 Ea. 0.68 3.40 38:(988 83) Rlace or R.epiace Guy Guard 5 0 Ea, 0.06 .' 0,25 39:(96$ _ 83) Place New or Replace Sidewalk Guy 5 0 E: .i 11 ,. 0.05 0.25 40:(9138:- 83 j Place New Strand w! hardware 90 000.0 Ft.. p,35 31 500.00 41::(968 - 83.)' Place NewRiser 25 0 ._ Ea „9. 45.00 1125.00 42:(968- 83) 11 Hvry Closing`with Police Support 32 p it ,90 00- 2,880.00 43:(966:;, 83) Traffic Control Setup 15 0 Day 300.00 4 51)0.00 44;(968 83 j Tro I I-shooting 200 0 Hr, 25,00 6,000.00 45:(968 83) Mobilization for afterhour errergencyresponse `: 8 0 Ea 200.110 1,600.00. TOTAL MATERlAt S 247,764.80 AYE to - _ M - NlGP Cdde 968-83Trafic Stgnai Mamenance;end Repfilr 46:(968 - 83) Tree Guard 5 0 Ea. 2:38 11.80 47:(968 - 83) Anchor Rods t 100 0 Ea 14,71 1 471.00 48:(568 - 83) Small Splice.case 20 0 Ea 101.20 . 2 024:00 49:-(9.1. . 83) Large Splice Case 10 0 a 193.20 1,932.00' 50:(968 83) Riser Guard 25 0 - Ea 27,83 695:75 51:(I 9I0 8 83I) Sm Polish Connectors - 1 500.0 ia: 4:43 6,6r�I�45�r'-.,O�9�o 52:(968 - 8I I 3) I i Meter Fiber Patch C7.able 100.0 Ea 8.47 947.00 r 91 53;(9.61 8 - 83) Spider fan out kII it 100 0 ra• 69I 0.95 6 095.00rr 54:(9613 - 83.) Buffer iude fan oui kit 60 0 Ea '13.60 sso:DD 55i(968 - 83-) Splice fray 10 0 ' ' Ea 11.79 : 117.90 56:(968 - 83) r Strand with hardware 19I 15 000 0 CFt9 I= 0.209 23,000..00 57:(968- 83) lnneTduci(3/4'") 1 000 O. LFI 0.33' 330.00 58:(968 ' 89I19 9 3)9, lnnerduct(1,5') 1 000 0 ...LrL LFt, 0.30 300.00 59:(968 , 83) Maxceli 3"3-cell ,1,000,0 LFt. . , . ., ,IL 2.65 2 6rr 60.00 60:(968 - 83) i a ca4 3 2-cell '1 000 0 LFtjj.r 1:50 1 5009I,00 - ,Page 2 . L - T - FAIR` TelQo>rnrun�caffion , LLG` - i 1I 61 i(968 - 83) Maxceil 2 2 cell 4 000.0 LFt, 1.30 5,200.00 624`(968 -83) . Maxceli 2'.',1 cell d 000:0 LFi 4.50' , 2,000.00 63 (968 - 831 24 Port Patch PA at(Fully Loaded} _ 144.0 Ea 122,36 12,230.00 64:'(968.- 83) Coming CCH 04U Connector Housing 10A Ea. 258.76' 2,587.50 65'(968,- 83) Coming CCH-CP06 59 Connector Panel 40,0 Ea. 30.00 1,200,00 66,%(968 - 83) Corning CCH CP08 3C Connector Panel 40,a Ea 45.Oa 1,800.00 67:(968 - 83) Coming CCH-CP12-59 Connector Panel 40;0 Ea •66.70 2;668.00 68:(968 - 83) Corning 96 Strand SM OSP,armor fiber optic cable 10,000.0,' LFi. 0.95 9,500.00 69!(968 - 83) Coming 48 strand`SM CpP armor fiber optic cable 10,000 0 L 0 52 5,200.00 70::(968 - 83) Coming 2d strand�SM OSP armor fiber optic cable 10 000 0 LFi• 0.36 3,600.00 71:(988 -83) Comlrig 12 strand 5M OSP amfiber opiiccab►e 10,000.0 LFt. 0.26 2;800.00 , 97.000.95 TOTAL BID LA60R AND,MATERIALS . II 344 765.75 II I. IIII i II Page 3 y . :...: .. . CONFLICT OI INTEII RIIzI EST QUE1 I STIONNAIRE TORM.C1.1 For'Proposer 4 other person doing business with local governmental entitsr bFFICE'USE ONLX This questionnaire is being filed in accordance with chapter 176 oftlie Local. Date Received Government Cade by a person doing business with the`governmental entity, ly law this questionnaire mast be tiled with the records administrator`of the local 4overnmept notlater thaitthe 7th business'day after the date the person„_ 'becomes a"vare;offacts;that requirq the sthteinent to`be.filed, See 5e”—"' 176006,1eI Government Coder qII A person commits an offense if the person viI.olates Section 176.006;'LocaI ,. 11i ,: 11. II GovetnmentCode ... ... . I. �ri offense under thisI sectron'is a Class CiI mbI isdletneanor. 1II Name of person;doiug business wiflz loc1al governnterital entity. Garlos Reyes f Kr Telecammunicaf ons;LLC 2 IIII Check flus lionI.if You are filing an.update to a previously filed gaeII stionnaire, (The lav regarres that you file an updated conipletd.questioniiarre with the appropriate.fihng authority , riot later than September 1 of the year for v.rhich an activity described in Section 176.006(a),Local Government Code, is pending and riot lator than the 7th business day a$er the date the originally filed questionnaire.t ecomes.hicomplete or inaccurate:) 3 Describe ench affiliat�orr.or.business reiatonsliip with an employee o_,r, cantractor.of the loI cal II go vernmental etitiFy Svlio makes recolmuendations to a local government officer of the.loeal governmefital entit,c wth'.respect to ecpenditur, of money. None 4 Describe each affiliation az business relationship 1I II with a person`who isI1� a lII ocal governimerit officer and`�vha appoints or employs a local government officer of the local`governmentat.entity that is the subject of W$gtucstionnaire, None RFP l5-0100;Fiber Optic Services,DiieDate:3/19/2015 ;,: - . Page 28 of 47 CpNFLICT QF INTEREST QUESTIONNAIR11 E, !, I. FORM CIQ For Pr'-o oserior other er of dain bu11- siness with.local boverninental entit ', Pa e 2 5, Name of local goyernffi6ht officer with`vhoni` ler has affil}anon or business relationshi r: (Complete this 1111 —section onl3;if the answ1.xr to A,B,ox C is YES) NOhe This section,item 5.il.noI I 'd' sub11.pai fs A,B,'C&l) miist be completed for each otficerFvith whom the filer has of 11 — :0:i !n;orbtisiness relationship. Attach:add}tional pages to this:Form CI0 as necessary . A Is the"local govermn1-111ent11 officer named in this section receiving.o1 1 likely to receive taxable income from the filet`cifthe questionnaire? z�lYes :' ❑ Nq N!A' B Is tM filer of the,quemonnaire receiving or lil,cely to`r pce(ve taxable income from or at the irr ectton of the ioea,:'government off%cej ria°med n this section AND the taxa11 bl� 11e mcoine is not trom the local governmental entrty7,_;, ❑ Yes. ❑ No N/A C >s the filer of this questionnane_a bated with a corporation of other business cut}ty that the;local , 1. govej - to officer serves as an.,offioer ii,of director,or holds ail aNvneI —1rshtp.of IO percent or,more. ❑ Yes'. : ❑ No N/A s D Describe each affil atIon or busniess relationship 6 Descr ibe at y oilier afffflkran or birsiness.relationship that might cause a confltat,g1. f interest 7 . 3l1 9/.20'!5 Signature persorT do} sitiess with the governmental entity IDate RFP 15-0100,Fiber;Optic Services,DueI II Date-3/19/2015 Page 29 of 47 ATTACHMENT B : _ REFERENCES..` . II Coro Ake and Return This Form with the'yroposal 1 --Pp1�1oser'shall furnish,wzI4th,this RFP,the following information; Three.(3)tecent clients references of similar size. - ; ,. . II 1 Company's Name ZachrV Underorountl& Utility Services,.Inc: Nameo£Contact Bobby Jetties -Title of Contact. PrOJect Siaperinterident Present Address 806 W Nort mop Rd City;State,Zipt.ode !:`San Antonio.TX X78216 T&IPhon Nv ber (210') 44-3531' Fa.Y1--:Nu.mbar( 10 ) 494-0915' 2 Cornpahy's Name . ,FI Texas State`University N I. ame of Contacf , Sandra°Brooks Title.of Contact ! P,ssistent:Qirector' Network Operations Present'A ddress 601 University.Dr. ,ty,state,zip code Sart:Maroos .TX 78666 III-1�II Telepilvre Number (61.2 ) 245-1213 Fax Numb(512 ) 245-1214 , 3 Company's Nada City of Austin P1ND Traffic Signal/Transportation Division Name of Contact Brlan,Craiq T tle.of Con#act.: C0. iting Ena'rneer Present Address '_1501 Toorrie'y Rd, City, e,Zip Code Austin, TX'78704' Telephone Number (512`) bU-4061 Fax Number'(512 )9744068 RFP 75-O100,1II Fiber Optio Services,Due Date;3/19/2015 Page 30 of 47 E:. Tele om. r un__ _ ns, LSC: 20325 Crooked-Stick Dr.t Pfiugerviile; TX, 11 : Building Tomorrow's Network Infrastructure Tatlay .CITY OF.FORT WQR :IT ° RFP 95` I00,;:Fiber 4 k Services ; II In reference of 27.0 :COOPERATIVE PURCHASING i., 27. ` 'd 27.2 ,, . : Page 8 '_. Experrence Requ�rcments: EAR Telecommunications in`the event to be the successful proposer of the City of Fort Worth RFP Fiber Optic ServicesAFP No: 15=01;00;Agrees to'!A 'd.all terms, conditions, specifications,:and pricing which will be contained in the resulting contract`signed by both Buyer and Seller to,'other goyernmental.entities that decide#o°participate as part of a"CCJOPERATIVE RJRCHASiNG'' CITY OF,FORT WORTH RFP 15-0.100, Fiber Optic Services' . In reference of'4,0 INSTALLATION i. Ii 4.1.1 .:. Page.11 Experien*1I ce Requirements: II 4.1.1 Faye;(5)Years of E11 xperience 'EAR Telecofnmunications offers over 30 years of;Mal experience in the design, installation, and . maintenance of fiber optic networks. Some projects containing_over 300 m110s of OSP:cable and , ..oVer 500 nodes;' We offer the knowledge and expertise to'advise our customers on the proper design to achieve their ultimate fiber optic network needs;EAR TC can design such pr6ects from the:planning II stages through completion, offering the"following'servicesf Aerial and underground outside plant design and construction. + P,iber optic connector_installation. • Fiber optic fusion.aplicing. • Testing;QTDR, 0W M1 Chromaticdispersion aril power m easurements We understand how dependent II I our customers are on their fiber optic networks, and we are committed to help them reach maximum connectivity.We also offer maintenance twenty four 11 hotats a day, seven days a week, 3�5 days a year.` ;:` .!: : CI Y 01= FORT 1NORTH °RFP 15 0100, Fiber 00. Ic Ser0ces ": 'In referenceof 4.0 ? INSTALLATION 4.'t.2,. •Page 11 :''Experience Requirements:, 4:1,2 Three (S� Inst; )!ed $ysterns These Are three examples of similat fiber;optic networks where EARJ 1l cornmunicatrons has , served as an instalfatI0n contractor Installed Systems GAATN ; Gary 1Neseiran " Director.of ACCNet Services . , , : :Austin Community College 5930 Middle Fiskville Road - Austin, TX 78752-7705 Q ffice: (512)223-1199. : Fex:"(5 i 2) 223-7664 Email; 'dwesernamO,austinec.edu :. .. ,. 1Nayne WbdemOyer,;Ch it :Director,'Office of Teleeommrtnication"Sevices The University of Texas SER 319N (G290Q) Austin,:TX 78712-1024 Office: (512)471-2444 Fax: {512),4 -2449' :Email; wwedemeyer c maiLutexas.edu CdA PWD TRAFFIC<SIGNAL 1-INTELLIGENT-TRANSPORTATION.SYSTEM. Brian Graig CUA PWD TRAFFIC.SIGNAL/TRANSPURTATIC?.. D1VISIQN Consultng Engineer ;- '[501 Toomey Rd, ; Austin; TX 78704 Office::':(512) 974-4061 Email fa rian:craigci.austin,tx:us :•Texas"State UniversiitY Fiber-Optic Network: Sandra Brooks Assistant Director Network Operations 6-0� University Drive San Marcos; TX 78666 ` Offrce"(512j24.5-1213 sf�50 ci)txstate:edi_i CITY OF FORT WORTH RFP 15-0100,Fiber,'O. Services in reference of 4.0 INSTALLATION 4.1:3. Page 11 . •Experience Requirements: 4.'1.3 Qne{1 j Installed.Fiber Optic Cable System The following 8 bhe similar installed fiber optic system where EAR Telecommunications has served as an installation contractor in the placement'af fiber optic cable,tear matron, spl�oing, testing,troubleshooting, etc: . , -• GVT I COMMUNICATIONS FTTH 100%FIBER OPTIC'NETWORK: II II Randy Inman Supervisor Construction/Assignments GVT,C : $6701 ,FM 3159 New Braunfels,Texas 78132, Office: (830) 885-8222 Office Fax: {$3p) 885-8237 Randy.iry,an@gvtc.net11­ wvuwavtc.corn ;.` CITY OF FORT WZ?U .` iRFp.15 0100, Fiber Optic Services In refierence -of 4 , INSTALLATION 4.1.5 'page It Experience Requirements 4.1.5 Experience;from Employees to be working in#he'pro1ect in the event that EAR Telecommunlcations is'the chosen contractor to do the project, the following are the erriployeesthat most likely.would,be'workir g for it:' 1. Carlos Reyes. 20 plus years of experience in ahe�ies'ign,construction, installation, maintenance and management:nf fiber option -:Certifications: CQRNING`TS-LAN-500 Hands-On`Corn hensive lnstaliatron Technology"Course for Multimode and$rngle-mode Optical,Local Area Networks, CORNING TS-FSD-400 Fiber Optic DesIgn;Gourse for Multimode and Sirigie mode Optico! Local Area 1Vetworks;Confined:Space Entry, CORNING NPIIQQ refreshing courses, CORNING See the Light Training Semrnars, LEVITON Optical Fiber Communications Cabling_$ystems, No}res OTDR and Power Meter/Ugit Source Training Course, P,4NDC71T Fiber Optic Pan Net Network Cabling Systems, OSHA 1Q Hour Consfrucfiorr Industry Outreach and OSHA 30 Hour Construction :n:us,ry-' Outreach. 2. Reyes 12 plus years of.experience in#Ihe construc#ion, installation; marntenance and management of fiber optic networks Ceitiflcations AutoCad, Revet, Slxsign"a,LEVITON Optical fiber Communications Cabling Systems,PANDt11T Fiber Optip Pan-Net Network Cabling Systems, Confined Space Entry, CORNING NP1100 refreshing.courses,_CORNING See the Light Training Seminars,;OSHA 1.a Hour.Constructron industry Outreach,and OSHA,QQ:Hour Construction'Industry Outreach. , 3. ;Jeff Ga trier. 19 plus yeare of experience in the construction instailatio9 main#mance and management bf fiber opticnetworks: Certifcafinns; CORNING TS-LAN 5Q0 Hands On Comprehensive lnstaltafion Technology Course: for Muitimode and Single-mode Optical.Lacai Area Networks, LEVITON Optical Fiber Communca#ions Cabling Sysfiems;PANDU.IT Fiber Optic Pan; " Net,Network Cabling Systems, Ganfined Space Entry; CORNING NP1100 refreshing courses, CORNING See the Light Training Seminars'and;OSHA !Q Haur Construction IndustryOutreach. 4. Ranr ilei. 5 plus years of experience int e construction, d management of frber-optit: networks; Certifications; CORNING TS-LAN-5QQ Hands On Comprehensive Installation Technology Course for Multimode and Single made Optical Local Area Networks,' Confined Spaoe Erifry, CORMNG NP19.00 refreshing courses, CO»NiNG,See the Light TrainingSeniinws and OSHA ou 1p;Hr Cdnstruction.lndustry Outreach I�II 5. Willis I11 I Ears. 10 plus years of experience,in the cans#ruction, installa#ion, maintenance and management of:fiber optic networks: 1. Certifications: CORNING TS LAN-500 Hands=0ii Comprehensjve Installation ",,. Technology Course for Multimode and Single,mode Optical Local Area Networks; Confined Space Entry, CORNING RtP1100 refreshing cou'rses;.CORNING,° the Ligft 'Training Seminars and OSHI0 Hour Construction Industry Outreach „ 6. Alejandro Parra. 6 ye1I ars of experience in the construction andinstallatlon offber optic etworks. I - Certifications; LEVITON Optical Fiber CAmmunications.Cabling Systems, PANDUIT Fiber Optic Pan-Ne#'Network Cabling SystemS.and OSHA 10 Hour.Canstructionandustry II Outreach. ';: 7; Joseph Rocha^'7 plus years,of experience m the>constructioni;installation and_,. maintenance_of fiber optic networks III . III III Certificatiom,LEVITON Optical Fiber Comrnunications;'.Cablmg Systems,.PANDUIT III Fiber Optic Pan-Net.Network Cabling Systems and O$HA 10 Hour Construction Industry Outreach 8 Michael:Bogard:4 plus years ofi eXperience i1Ij 1.n the construction, installatian;and_. maintenance of fiber optic networks. Certifications: LEVITQN Optical Fiber Communications Cabling Systems; PANDUIT . Fiber Optic Pan-Net-Nehmo. Cabling systems and OSHA 10 Hour Construction Industry Outreaoh. 9. Carlos Alvarez:? .plus years of experience ri the construction;installation and - maintenanceof fiber optic.networks CertifiCabons. LEVITON.Optca(Fiber Cor7tmunications Cabling.Systems, PANDUIT Fiber Optic Pan-Net Network'Cabling Systems.and OSHA 10 Hour Construction Industry Outreach 1 O EriII k Reyes 3.plus years of experience in the construction and installation of fiber optic ''networks 19 . ianI.I Stoupignpri 3.plus years_of experience in the-411 1'z11 construction acid 'installation of'fiber optic networks:: 12. Junior Franco: 2 plus"years,of experience in the construction and installation'of fiberII optic networks YI1 , - ' CERT1FICigTE OF LIABILITY INSURANCE /xo/2oi>a .THIS CERTIFICATE IS ISSUED AS A MATTEROF INFORMATION,`ONLY.,AND CONFERS NO RIGHTS UPON THE.CERTtFlGAT HOLDER.'THIS 11 �CERTIFICATE DDES'NtlT AfFIR141ATIVELY OR NEGATIVELY,AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED.t3Y.THE POLICIES BELOW.' thl1 'CERTIFICATE.'OF_INSURANCE.,DOES'NOT CONSTITUTE.A,CONTRACT BETWEEN THE ISSUING INSURETS), AUTHORIZED —114 71a REPRESENTATIVI elE'.9R.PRQPUCER;T:AND THE;CERTIFICATE;HOLDER. - ;!MPORTANT It the certiflcate:holder Is an ADDITIONAL. INSURED, the policy(ies) must be,endorsed, .If SUat(OW., iS WAIVED, subject to the terms and,eondltfons of the polfcy,yertai`n pollclea may regulre an endorsement.. A statement.on this eertIflcate does not confer rights to the certificate balder fi Ileo`of`such endorsement s PRODUCER - :..., :'. ONTA T -::.' 'wa.44oner insurance Group PHQNe 552-458--2957 512-458 2976 3301 Northland AxvE3,; 5nitEa 212 EMAIL :e r s magconergroupCom Aus,tjn,' TX 78 735.•:. INSURERS `AFFORDING COVERAGE NAICB Securit National`Ins:"Cts INSURED: EAR '�Telecommunicata.ons;`T,L11 C INSURERB C0711IQerce--&::Indtastry;Ins: , CO.t 20325 Cr`doked Stick Drive . -. II Pflttgert7213e,' T.TT1. ': 7866G 1NS- URERO: COVERAGES >'' CERTIFICATE NUMBEt2. REVISfON NUMBER:, THIS IS TO CERTIFY THAT•THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSUREDNAMEp ABOVE-FOR THE POLICY PERIOD '&LL�I 7-,III I.I1L:r.L rrY�&::.I&rL.q1-7��.�I1IFrr,r L.L.rr,IO�-,�I,-�2Lr.1�rrr�rrL;-���,&,.r�;1 rL_,,r,.1 E-I,ILrLIILL r::L,,Lr&&:&�r�I'.,:&,.&:.��rLLrLLrL:L&r'N I L,LL L�:LI:.-�II:rIL&L,FIrLLLr 4L,-—::-LLL:,��r�,I�I--.rL Ir1I�:rrL.�I:,r�_�:'.Lr�L�IL 1�rrrr�.'I.FI��L rL,:I,-;1.r Lr%I,I:1,,I,.��I.I,,:.rLL;L-:;-,I:I�,:Z,L'-.'I;�LI,LLrL Lrr r)L,&-,..-II�'I,rIr�-:L.��I.r r,.IFr_—..�.. .'INDICATED: NOTWITHSTANDING ANK REQUIREMENT,TERM OR GONDITION-OF ANY.CONTRAOT OR OTHER DOCUtAEN7.WITN RESPECT TO WHICH THIS ,`:'CERTIFICATE-MAY,BE�ISBUED OR MAY PERTAIN,THE INSURANCEAFFORDED BY THE PpLICIE$ DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS .. .. .. •_i. EX_CLUSIONSA o%,. ONDITION50F"SUCH POLICIES.LIMITS.8HOWNMAY HAVEBEENREOUCED`BYPA1DCtAIMS. -, LM .'.�:TYPE OKiNSURANCE: I Ip LIMITS - COMMERCIAL:'GENERAL-!lABIUTY ' EACH OCCURRENCE 5 •5. 00O GOO CLAIMS-MAt)E i. OCCUR a'occurrenr $ lOO O.00 R 1 X y. NA1059835.01 g5/31J1A 5/31/15 PE An bne'erson s G 0GG O EXP t A, ER8ONAL&ADVINJURY 5 5- Ot7 . GEN'LAGGREGATEUMITAPPUE PER. GENERAL AGGREGATE - S .Z'GGO t 00G PRO PRODUCTS dOMPIDPAGG S' 0GO ORO POLIOY D JECT -LOC S'. °: 1 $ '. AUTQM1IQ... UA81CiT1(, {Ail1 ANY,, . ;' _ BQDILYINJURY.(Perpefson)�-. S - ALLOWNEQ SCHEDULED SODILYINJURY(Psrawdenij: S AUTOS NON OWNED., - P R : GE $ HIREDAUTQS AUT6S S .. EACH OCCURRENCE $ 5,()_GG,, GO UM6RELL0.LIAB.-: X OCCUR �'$ 2�7335:37 03/07)156/07/i <13 EXCESiLAD .CLAIMS_MADE _ .AGGREGATE s 5 t f.. DE.:,, 1 - WORKERSCOMPENSA7(ON, R H AND EM .., ;S LIABILITY ANY PRO PRIETGRlPARTNKR/EXECUTIVE NIA EL:EACH ACCIDENT S ^fir OFTIOERrF.IEM9ER EXCLUAEO? ' _ (Mandatory,ln NHI E.L.DISEASE EA EMP(OYEE= S IE es.daSabaundor P RTI , i L. OESCRtP1JONOF.OPERA710NSILOCATIONSIVEWCLeS (ACORD101;AddWonaiRe iksShcadule,maybeatlarlieditmorespaceisrequlrad)I.. - .,AP. '.P ,$CbtAttlilfllCa' S'OI1S, LS,C SHOl1L0ANYOF THE ABDVEDESGRIBED PQLIGESBE CANCELLED BEFORE 2O325ir CrOOiEd .tt1C1C :I)r. THE EXPIRATION DATE'.THEREOF,. NOTICE YNCL Bc DEI I.VERED IN ACCORDANCE WITHTHE POLICY.PROVISIONS 'Pat l] f4ervi2ls, T 7$6 0 AUTHORIZED REPRESENTATIVEy a>=1os.reys@eartc mom ' . . - : .:CI9382014 ACORD'CORPOhATI N�AI[nghts reserved. AGbRb n inw07) The ACORD name and logo are reglstered marks of ACORD