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Contract 52246
TTIT'S r'()I')'1%V011; 'x r II►C I OI! ITY SECRETARY cl1,91,Sir{' rn%FRS' OO 'RA T NO._ 4{D ;I,(;MGHING 11r19' P101II FPLTCOPY THE CfTY OF FOIST WORTH, TEXAS A.D. Marshall Public Safety & Municipal Courts Bldg. First Floor Remodel & Accessibility ility Ramp Part "A" - PMD 01 -1 City Project No. 02412 FORTWORTHO BETSY PRICE DAVID C:O I E MAYOR CITY MANAG-T=R Interim Director, Property 11 ai7a e.m.ent I epartineiA Theresa A. Ewing Municipal Court Services Director, MU111 ip;al COUrls Depatinient Aram- 1 eltiman .r• hi-teet March 2019 ,i OFFICIAL RECORD ' ,:_in' SECRETARY F1 WORTH, T City of Fort North, Texas Inlayer and Council Communication COUNCIL ACTION: Approved on 1/ 9/2019 DATE: Tuesday, January 29. 2019 REFERENCE NO.: "G-29008 LOG NAME: 21MUNICIPAL COURT RAMP AND ACCES IBIL.tTY IMPROVEMENTS SUBJECT: Authorize Change in lase and Expenditure of 51,100,{]00-00 of Community Developmeot Blank Grant Funds for Arnericans with Disabilities Act Compliant Improvements at the A.D_ Marsha11 Public 8 afely and Courts 13tiitd.lng, Authorize SL2bstantlaI Amendment to the City's 20'16-2017 and 2a17-2018 Action flans, Authorize the Substitution Of Funding Years, and Authorize ExeCUtJnn of a ConMrut bxi Contraot wilts N1,grX I V Construction Group. LLC, In the ArnounI of$1,049,927_a0. Including 7.5 Percent for the Owner's Construction Centingency Al awarrce For the Copstructiork ofthis Project and Provide for AtimIn15trative Casts, Including Bid Advertisement, Design, Site Utiillies, IT. Security. Project Management, Contingency. and 01her Nursessary Casks for a Total Pmjecl Coat of$1,21 S.000.00 (CDBG FLtr ding) (201 4 Bond Program) (=UNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council. 1. Authorize Substantial Amends ment to-the City's 2016-2017 acid 2 017-2018 Action Plans, and authorize the substllulion of funding years in ordor to tineet United States Depattment of Housing and Urban Development commitment, disbursement and expenditure Headlines; and 2_ Authorize a change in use anti expenditure in the amount of 1,100,000.00 of Community Oav$Ioprnerit Block grant rands for Americans with Disabilltiea Act oompliant iirprovements at the A.D, Marshall Puhlie Safety and Cotirts Building; and 8) Authorize Execution of a Construction Contract with Mark IV Ccnstructiart Group, LLC,. In the Amount of$1,049.227.00, 1rGcudIng 7.5 Percent far the Owner's CDnstruction Contingency lAllcwance for the Improvements. DISCUSSION: On August 7, 2018, the City-Coundl approved the Dity's 2018-2022 Consolidetad Plan and the 2018-201 Action Plan for submission to HUD (M&C G-19328), which included Community DevelopmenI Block Grarit (CD13 ) funds for accessibility improvemenls at City Communfty Centers and other publit fan flwa. Staff iderifif'ied a nead for improvements at the A_D, Marshal Pub IIc Safety,& Courts BuiIdIng located at 1000 ThrocJ rnortori Sireet_ Work will irictude construction of an Americans With DlsablI ies Act (ADA) -compliant entrance ramp, rehabilitation of 1 st and 2 n d floor restroorns to meet ADA i:*mp4ance, and construe€ion of two AAA-accessible restrucims on the 2nd floor. Staff has ldentltted unprogrammed and ILIFICis currently sat aside for the Z Boaz Sottth Paris IrmpTovement Projaat and recommends the change in rise and expenditure of$1,100,000.0O oICDBG funds for Chew ADA impro vo rn ents. Funds for the Z Boaz aLtth Park Irnprovemeni Project will be reallocated upon receipt of fulure pro-grant Inuome. The Action Plan Fanding years seJected may vary and be subttltuterd baser) on the prirLdpJs of first in, first out In ordar to expend oldest grant finds first. A public cornrrkent period ort the chan9a in Lisa of Chase C D BG funds and ilia substantial arnendmani was held from Nova mber 18, 2(1'I8 to December 17, 201S. Any comments are mainteifzed by the Neighborhood Services Departmeht. Certain project costs will be pnId using 2014 bond funds, such as the cost of the design work, $38,398.00. Following a competitive selectiQn preaesa staff administratively exacuted an architectural aarvices contfact, and subsequent amandments, with Arthur Weinman kchitect to design the Jmprovements associated with both Courtroom Irrmprovements and AGA tmprovernents- City stiff will ManIkor the use, of band Binds to ensure [hey are usod for approved activities only, This M&C will also authorize execution of a oonsiructian contract with Mark tV Construction G mup. LLC. in the Amount of S1 .049.9 7.00, including 7-5 PamenI for the Owner's C onstruetton Goat!nggrncy Alla*arica for the ADA improvements to the A.D- Marshall Public S�itety end Munic]pat Courts Bulling lorsaIed at f Goo Throckmorton Street, TIiis work wilt consist cf installing an accessible ramp that 13yads from the siairs st the (rent dOarB of the buiidIng Into tha main Floor's lobby area, This new enti-ance wlII fequife the relocation of existing office space, In addition to providing an accessible route, this prajact w i I I meke the first and second floor toilets fully access bte. The City previously issued an Invitation to old In October of 2016 and received two bids. Bath proposals significantly exceeded tha project budget- Council approved the rejection of these two rids on Januery 24, 2017 (M& C-28074). Since that tlme, the sa❑pe.of the project was mod I Ili ad and the Constructiorf market has changed. A Bequest for Proposals was advertised In the Fart Worth Star-Telegram on Sapternbar 27, 20.18, and October 4, 20,18. Proposals were received on November 2, 2018. Al ihat IIme, the City received one propasal from (Mark IV Coristrixtlon GroupL LLC, which way within the project budget, The required Post Proposal—Pre Award Submittals were submitled a week later. Members of-the (Municipal Court, Neighborhood Servlt se ; Department, MIW13E Office and the Proparty Management Department P net wlth the con traclor to verify the scope ar3d prlce of the proposal and determinod that the price Is reasonable. Staff recommends awarding the call struMilan contract to Mark i V 6cnotruoftn Group, LLC. The overall projecl costs arse expeeted to be as dascrlbed in table below. Municipal Court Ramp & ADA Improvements TOTALS Architectural and Eftglneering resign $38,398, onstrucgon Contract, including 7.5 Owner's Construdbn $1 .049,9 7 00 Contingency Allowance Project administration Cost. Adverirtseiment. Design, S Ite UtiIitles, [T. acudty, Project Management, Corttingency, Etc. 1 75,E}0 PR0JETT0TAL $1, 1 , O.OU In accordance with Chapter 7. Article III, Section 7-47. SecHon 109.2.1 of the City trade, Bullding Permit Fees and Impact and Street Closure Fees are walved for this project, Construction I$ planned to beg in durincg Ihn First quarter of Calendar Year 2019, with an antidpaled mrnpletion crate during iha Fount, gL1arter of Calendar Year 2019- MAIV8E 0FF10E- A waiver of the goal for lMB EIS BE �;ubcontraciing requirements way requested by the dapartment and approved by the MWDE Off Ine, in accordanca with tale M/WBE or BID Ordinance, because the constructlon contract is funded by a Community 0 eve Iapnnent Mack Grant with time Ilmits-on the funding. The A.D. Marsha11 Pl.ublIc Safaty..and Courts Building is Ionoted in COUNCIL DI STRICT 9, FISCAL INFORMATiON I CERTIFICATION, The Director of Finance cert ill ea that Iursds are avaitable in the ourrernt grants operating budget, as rappropriated, of the Grants Operating Federal Furid, This is a reimbursement grant_ FUND IDENTIFIERS f FIDis TO Furtd Department nt scour+ Pro jact Program ettyk Budget Reference # mciun — JD ] ID _ Year (Chartfi;eid ) FROM ir7 Department noun Prol ct rr6gram ct]vltyi Budget Referen e # aArao�r� ID ID I Year ( hartfield 2) CEF TIFICAT ONS. ubrnitted for C Ity Wla nag e03 Offiet by Jay Chapia (5804) Driainat(gg Department Head: Roger Venables (6334) Additional Information Contact: 8rlan-Glass (8088) ATTACHMENTS — — — 1, 1000 Throrkmo�oR .pdi ubl�c} . .18.IVi_PMD201 -04 M13Epd (CFWlnlimal} 3. Mark IV 1295 Fuup A Ftedagled,pd (Publip) 4. Damp F10 Tab le,ad# (CFUV Interrmal) 5. AM Mark IV ConmirLEElion Group LLC_pdi (CF Fntsmal) 6, S iq rted WeIyer- Muni Court Waiver.igd (CF+W lmama;) rrJ - i I _ .. w ' + � Ise :y 3 IP;: i .s �j I � 1. • � s . -1 I _k • a# r cti PIA70 . } 4 �`- { I .S' X f PROPERTY MANAGEMENT DEPARTMENT FACILITIES/ARCHITECTURAL SERVICES DID TABULATION Project: A.D. MARSHALL PUBLIC SAFETY& MUNICIPAL COURTS BUILDING ADA RAMP(PART A) 1000 THROCKMORTON STREET 4 FORT WORTH Tabulated by: Vicki McDonald Project#: CO2412 PIVI❑Project#:PMD2018-16 Eng. Estimate: $600,000.00 Bid Data: NOVEMBER 1,2018 Advertised: SEPTEMBER 27,2018 &OCTOBER 4, 2018 Addendums: 7 1 The Mark IV Construction Group, LLC 5821 Egg Farm Road,Suite 2920 i Fort Worth,Texas 76244 817-337-3343 acape@markivconstruction.net DESCRIPTION BID Base Proposal $ 548,716.38 Owner's General Contingency Allowance $ 41,153.73 Base Proposal Plus Owner's General $ 689,870.11 Contingency Allowance Alternates Add Days 1 Renovation of Second Floor existing Courtroom#1 203,247.15 40 and Court Clerks rooms. 2 Renovation of Second Floor existing restroom and 230,493.95 45 construction of two single compartment restrooms. AADENDUNS: 7 CALENDAR DAYS: B0 1 i SO RIF T E CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 1 A.D. Marshall Public Safety & Municipal Courts Building ADA Ramp Request for Proposals Submittal Date: October 25, 2018 (NO CHANGE) The Request for Proposals for the"Project"noted above is hereby revised and amended as follows: 1. All work associated with "Part B"—The First Floor Courtrooms 42 through #5 and restrooms remodel work is eliminated from this project, and is advertised as a separate project with a due date of November 1, 2018. i' 2. Refer to Attachment No. 1 for division of work between Part A, Part B and alternates for this project (These sketches are for general information only). (Attachment No. 1) 5 3. Refer to Attachment No. 2 for the latest Davis-Bacon Requirements which shall supersede previous released Davis-Bacon documents. (Attachment No. 2) 1t ! Acknowledge the receipt of this Addendum No. i on your Proposal. j STEPHEN COOKE DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: Brian Glass, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 RELEASE DATE: October 11, 2018 Addendum No.i Page i of i A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp October 2018 -9 V° iNVd 133f o8d z0191 SVXR[ 'Hj.jom 1210-q . 11E"' ansc sr.�v�xm eaoi braa:men xrws cle� I N 0 N Y imaLs NOINovoiooWL 00of � � �11�IL Y dmVN),LRE SSMOV l3goNlllN Nook 121 mac I l�NIQ31rrg Y -H DINnw V u3dVs 01-rand TlVHs8VVI •a v AV_ o P � �� a o� TZ =F a g § gi g �R-, Hil "Y all R@ _-�_ ff .dd�x o¢ -- y- wu� � `--- ------ ---- \ � i `1 I N� 1 I S l tip 20 ----------------------- o r . I I f I �J I b zz °o• 'a h. LLg l`_` � E °°A6�e•u � °.4?•ssa��3e a•�9. I V% .•egg°a$�° 133LI.LS WN3Ll JS3M ° i I l��d LD3f Odd zoLsc svx 'I�yaonn �ao�1%LLS NOlaOYMOM#lil- COOL ��s H � �I�UIII�TT Ilf LZ'I aeon�nlalsG,; �v 2a 33aov43a aoo-t3 puz 2e #SL JNIq fl l8 SJ2 nco 7bdI�INnN �8 A13�b5 �f�8f1d ��byS2�yW '[� 'b ¢ ! T M_ ts- O I O _} MI-1-11 Q j — _-- ICI ti l e� Elfb d�. O Lto c 5a� N4 III I - �an #�f I , S i I i . i _ of�i r �r =� o if =i L f� ex"`s a[''L auair' Ta 1EL-PAvd IoElro2fd ZO l9L S H —a y -LAMIS N01NOW)Ioo8-LL Oo04 a_Sys 1� �� �� i `JIVi0l1f18 S1b110� �VdlOiNf1W e dn AL3dtlS 0I lBCld� f€tlH54 Puz v lst W 4 'H E -4- ' F Ld DEB eJ ERR-- pit- f 4 LL ! _ c < 8 _s. O „�� HIM U I es ❑ b F 0 5a� j Fa Q ddF # r If-) 7-) Ti r-i i i Yr'S L fFf_•, �,e �' L :n J ,�_,s [ =.1 ri 0[ l �'� i� �s.•I 5LJ - I s �=0 I g-I � Il', � � ��� �g is- 1S rN el .I rmoYaxnoa`I rib .s �a - i j2 i l f i ,. ice; i�tj--I i� ..•II ---�( i I OrF'' n p - � C a 1 i i u� U.11:j' %I— .�� 's �y 9u O 9_ --s. U vtf . � O zs' e $ (y ' r. ------------ I t tj HN _ 1 d Hwy arri nd[,sxna[sm�v[rsMa;ru 4 i l _ fir.-J i n � I -e eana M�and ays,•,e�,rcd,e (+II I I� I � va d tlTm Any ma 9MISu3 r — :-_+I , a`�—• I r I Ill o wrd imWSAYs md've'eto + � 11[i'�\➢1 � ��i�� ,'w»,-{{i i i � 1 � �,oamau,.y[ccv mv�a i Cl rK 5 A `u0.'•'�}aWiSC� s LL e Y s 3c wOM E 5=yz1W } y, I ol n a t i i 20 i a WW1 Davis-Bacon Rebated Web sites A-2 Forms.- A) Contractor Information B) Subcontractor Information C) Certification from Contractor Appointing Officer D) Start of Construction E) Construction Complete F) Payroll Deduction Authorization C) Equal Employment Opportunity H) Poster- Employee Rights (English) I) Poster- Employee Rights (Spanish) J) `V4rH-347- Payroll Form/ Certification of Compliance K) WH-347- Instructions L) Record of Employee Interview j 1 . i - 1 i i City of Fort'Worth Community Development.Block Grant(CDEG) Construction Projects CONTRACTOR INFORMATION Date: Project: i Contractor: Address: City: Telephone: Pax: Federal Y.D.#: r Officers of the Corporation: a President: Vice President: Secretary: Treasurer: If sole ownership or partucrship, list ownet•(s): I certify at the time of execution,hereof, neither my company nor my corporate officers (if incorporated)are listed in the list of Debarred, Suspended, and Ineligible Contractors maintained by the U.8 Departtxicnt of Housing and Urban Development(HUD). Signature: J f f 1 I� i City of Fort Worth Community Development Block Grant(CDBG) Construction Projects SUBCONTRACTOR.INFORMATION r Date: Project: Subcontractor: a -Address: City: i Telephone: Fax: Federal I.D.M a z Officers of the Corporation: ` President: ? Vice President: Secretary: I Treasurer: If sole ownership or partnership, list owner(s): I certify at the time of execution, Hereof, neither my company nor my corporate officers (if incorporated)are listed in the list of Debarred, Suspended, and Ineligible Contractors maintained by the U.S Department of Housing and Urban Development(HUD). I Signature: f i r ' U. S. Department of Housing and Urban Development j CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOWE TO SUPERVISE PAYMENT OF EN4PLOYEES 1 Project Name Date Location Project No. (I)(We)hereby certify that(I am)(we are)(the prime contractor)(a subcontractor) for jin connection with construction of the above-mentioned Project, and that(I) (we)have appointed j whose sim.ature Mears-below, to super-vise the a en of m oLu em to ees 6e ' n , 20 ; that helshe is in a position to have full knowledge of the facts set forth in the payroll documents and in the statement of compliance required by the so-called q Kick-Back Statute which he/she is to execute with(my)(our)full authority and approval until such time as (1) (we)submit to a new certificate appointing some other person for the purposes hereinabove stated. 1 Attest(if required), By. (Signature) I (Title) (Title) NOTE: This certificate must be executed by an authorized officer of a corporation, by a member of a partnership,or the sole owner and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed, a new certificate must accompany the first payroll for which the new appointee executes a statement of compliance required by the Kick-Back Statute. 1 DA L/DAO-l 340.3/2 (6-79) I l i I City of Fort Worth f Conrmnnity Tlevelopment Block Grant(CDBG)Funded r Construction Projects START OF CONSTRUCTION (Date) Project Name: Location: Project Number: U.S. Department of Labor Wage Decision: This is to inform you that tbe, (Name of Company) of I (Address) , (City/Town) has started work on the above referenced project covered by our a (State) (Zip) contract with you, as of (Date) Respectfully yours, (Name of Company) 1 By (Signature) (Title) r I I City of Fort Worth Community JDevelopmeht Block Grant(CIDBG)ninded ' Construction Projects CONSTRUCTION COMPLETE Date: Project Name: Project Location: Project Number; U.S.Department of Labor Wage Decision: This to inform you that the: (Name of Company) 5 of . 1 (Address) (City/Town) has terminated work on the above referenced project covered j (State) (Zip) ! by our contract with you,as of i Respcctfutly yours, hI (Name of Company) By h - (Signature) (Title) L 4 . } This is the authorization to the to deduct from my paycheck * This is for item number: REPAyNir- r OF: 1. Loan 7. Credit Union 2, Retirement 8. Profit Sharing 3. Advance on Wages 9. Donations to Agencies i 4. Savings 10. Insurance Premiums 5. Savings Bonds 11. Union Dues 6. Uniforms 12. s *This deduction Is to be made: i CHECK APPROPRIATE BOX Une time only �r---�p Weekly �I 131-weekly ' For weeks f s Date; Employee's Signature Printed or Typed Name: Project Name and Number: f K PAYROLL MDUMON AUMOMATTON.00C 1 5 r T STATEMENT OR POLICY ON 5 + EQUAL EMPLOYMENT OPPORTUNITY i It will be the policy of this firm to not diseziminate against any applicant for employment, or any employee, because of race, creed, color, age,sex, or natural origin. This firm will inspire that this policy is continually enforced with regard to employment,promotion,upgrading,demotion,transfer, recruitment, and recruitment advertising, lay off and termination, compensation, training, and working conditions. We will make it understood by all with whom we deal, and in all our employment opportunity announcements that the foregoing is our policy. All applicants and employees will be judged solely on the basis of their skill,devotion loyalty,reliability and integrity. s 2 Company Name Signature Date E 3 i I t 1 I I D � D L _ _� . D � D DDDDG°� DDDDD��CDDpD �� D �� D �{��DD i FOR L AROMRD DD MECID�9D�D EMPLOO YED 00X MR FI-RAL DD ro rD/%LL aDDDDD DMDDDDDMM �D�DDD�DDD THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION €RIEVAILING You must be paid not less than the wage rate listed in the Davis-Bacon { WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week.There are few exceptions. rimronCEMENT contract payments can be withheld to ensure workers receive wages ` and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal r contracts for up to three years.A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution,fines and/or imprisonment. APMENTIGES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. i PROPER PAY If you do not receive proper pay, or require further information on the applicable wages,contact the Contracting Officer listed below: -....-------------------------------------- City of Fort Worth j 1000 ThroAmMon street Fort Worth Texas 76102 817-392-8365 Fox 817-392 737.E Alex.Riveraffortworthtexas.gov - f or contact the U.S. Department of Labor's Wage and Hour Division. 4,�y�aNr nF� For additional information: �Y p n �l aA�E � U,3.W..jjHow �ardrESof'�e (1-866-487-9243) TfY: 1-87,7-889-5627 Ff W.WAGEHOURMOLACIDid U.S.Department or Labor I Employment slandards Administralion I wage and Hour Division wH 1321(Herised Apri12009) i f i i OJ FL_ 7 71 C rf 00 �V 10 Lf`�L rci, A 0 0 U LEA Y R PROVEC70S or CUMS MUCCRO t OV LA SECCION DE HORAS Y SUELDOS DEL DEPARTAMENTO DE TRABAJO DE EEUU SAL ARI®S No so'le puede pagan menos de la tasa de pago indicada on la Decision de Salarios PREVAILECIEIi TES Davis-Bacon fijada con este Avlso para el trabajo que Ud.desempena. S©ME T Ir-MPB Se le ha de pagar no menos de tiempo y medio de su tasa bAsica de pago por todas las horas trabajadas on exceso de 40 on una semana laboral. Existen pocas C excepciones. CUMPLIMIEf1 TO Se pueden retener pagos par contratos para asegurarse que los obreros reciban los salarios y el pago de sobretiempo debidos,y se podria aplicar datios y perjuicios sl no se cumple con las exigencias del pago de sobretiempo. Las c16usulas contractuales de Davis-Bacon permiten la torminaci6n y exclusion de contratistas pars efeotuar futuros contratos federales hasta tres afios. Hl contratista que falsifique los registros certificados de las n6minas de pago o induzcn devoluciones de salarlos puede ser sujeto a procesamiento civil o criminal,multas y/o enearcelamiento. s APRENDICES Las tasas de aprendices s6lo se aplican a aprendices correctamente inscritos bajo programas federales o estatales aprobados. PAGO Si Ud.no recibe of pago apropiado,o precisa de informaci6n adicional sobre los APROPIA®p salarios aplicables,pongase en contacto con el Contratista©ficial que aparece 1 abajo: r f l - y i I I i i o pongase on contacto con la Secci6n de Horas y Sueldos del Departamento de Trabajo de EEUU. a NT Para obtenef hformacion adicional: - f.p� A WHO • � us.vv+ar�a t�tx�wa aSrrE,fl4 F-'�` .(1-866-487-9243) TTY 1-877-889-5627 fU.S.Department of Labor Employment Standards Administration I Wage and flour Division WH t321 SPA(Hovlwr)Apzil 20M) I I N o W tw u OpWOW me 0 p MM Z48. N v-Y' O Q et rr m o z .❑p❑ Gl z� �O a=1 n m o rJ ? m•- F4-U U p al w �` `o¢ LL m O u:O 4 Uflj m' o c 9 28 a w c ,.q T •5 0 wO s4m ma. -n� o C c M o' � zXX COI �w E a m y a01@ � to O ¢ m d itl C aar s. u" _ � 1 w•�uy w w z WoH �o 0 0 � v ti U E n c w lu} Oo u� cu m n •E N lu tu c _ 071 T a v m U � � •U T -� C Ill =q w- U of qj z w Q O ]C q I - 0 .4 N �Nm ao Irl �.LSUO'f0 O N O N O N O N O Vl O N O O L7 � w Ern Q z. 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I ¢ Q ' C N CL [q J xa �r N L O N W NM w .4_1�. 4 OO d1 N L1 �o j 41�V" No @ F O e: D W. ¢w O N Q 71 Z { @ t ~W toN _ C N 1 z Jm c z - 2 Cc) d @ y rL wU a rL x� d E '- c �U 0 3 is �va� LL oz LU o 43 c a n O N Z�O p « z 008 ` C7 W ro sa� 1 Z ILV1d IL OO til F• w a w L,0p LU 72 pUY� � r�4z z J R' IL r U cr w Ot~i. ii w11 w Q S cc z r v)Co L ..L� 00. @ C 7 C N N _0 � o C N O C O 8.N.".� .a 73 Co W (J' O N N 3 0 O 'c�4= o c1 l6 CJ E a ma 90 € c � Ix o Ew m �.o O C@ Q1 n`C •O L a'C p N O N N.� Vl 2 j, N N N N i aci w w 092 1 c �O A mo W1;- N v a 4 0 ro 5 a1 C4z L Q' 7, o m m `��m E v� a1 s.�,�to n � m n d1 @ m aA Nopa mr: M o rn`oa3 'Do '. .Q n U lQ- LU 'Ea c+) 41 O C -Y•— cU N c al N N A O •] W N ��ry •p O O.0 O c Q N O ¢u a 3o cm"� 10,o •cNo'- ANC u 0- rn m w °Nyuj mE� c4-� ¢ m E � ° .p c n ob o E m o � p@ ro CD c n c aac)L Nvu F u m f o o c p o w m is si a1 L Q o cs o@ o c`�cp1 f c cop n] o.L%o(] p.— t L �U 0.4. o ff', 16 '"' @ d1 T n Stl q1 N� N� �`Y C N N LL' U C' C a o c T m°UJ� c CO c n cQ4 m 4�r w 4 a s ul m'- -a•c7 z 0> aia N rnv E m m o fu c -r y N CAU} 7i C N.1 G 71 d j wC y ? '[7 ?,S�N to ID Cp� 0 2 co w N w p N cCco 4O.. paE�: r m N LU � ��a� T°E CD -a m `� E cu a nr m ui c a Q (V16 CL 1] 00 14 U 9 p L N Nl C1 iU @ ti p1 a o � ID r � (D -C o f � o Lu 1 C CL N N_� v 4`1 fl N v CL Eu ^'.,�M to 0 16 U rL r Davis-Bacon Payroll Form Completion Instructions NOTE: Form WH-347 (PDF) can be found at http://www.dol.gov/whdlforms/wh347.pdf Page I Contractor or Subcontractor: Name of the firm. Check "contractor" or "subcontractor" Address: Contractor's mailing address (not the address of the jobsite) i Payroll No.: If this is your first payroll submission for this project, enter"1". If this is your second submission — "2", etc. For Week Ending: Date the work week ended (i.e. 9/24/2010) Project and Location, Type of project, and the address of the jobsite (NOT the firm's address) Project or Contract No.: Project or Contract number(if any) Column 1 - Name and Individual Identifying Number of Worker: Full name of the worker(i.e. "John Smith"), as well as the last 4 digits of their Social Security number (111-22-3297 would be "3297"). In this example, the employee would be listed as "John Smith 3297". -Column 2- No. of Withholding Exemptions: Number of exemptions being claimed by the employee, found on the employee's W-4 form. This figure is used to compute "Withholding Tax" (see below) Column 3 - Work Classifications: A description of the work being performed by the employee, using Davis-Bacon terminology(i.e. "Plumber", "HVAC Pipe Installer', etc.). NOTE: All employees cannot "Laborer". Column 4- Hours worked. In the top of each column, list Date (9120-9124) and Day ' of the Week (Mon-Fri)for each day of the workweek reported. List any overtime hours in the row labeled "O". List all regular(standard) hours in Row"S". NOTE: In Texas, any work over 40 hours per week is considered overtime. Column 5- Total: Total of all hours listed in the row. NOTE: If using the electronic version of the form (link above), this number will be i calculated automatically. Column 6 - Hate of Pay(Including Fringe Benefits): If completing the form manually: ❑ Overtime rate is 1.5x the Davis-Bacon wage, plus fringe amounts, and entered in the row labeled "O" (e.g. in our example, John Jones would be listed as $69.13). ❑ Question: How was overtime calculated? Regular Wage $ 36.22 l Fringe Rate + $ 14.80 i Standard Rate $ 51.02 Regular Rate X 1.5 (overtime) $ 54.33 s I I i I PLUS. Fringe Rate + $ 14.80 ------------------------------------- I----------------------- ------- Overtime Rate $ 69.13 ❑ Fringe Rate is not subject to the overtime calculation (1.5x), the amount is added to the base calculation, as shown above. NOTE: Overtime wages are paid on the BASE rate ONLY. For example, ❑ Standard (also: Regular) Rate: two entries are required: o First—enter the Wage rate, found on the Danis-Bacon Act Wage Determination form, for the county worked based on the employee's work classification (e.g. John Jones would have an hourly rate'of$23.49). n Second —enter the Fringe amount,found on the Davis-Bacon Wage Determination form the county worked based on the employee's work classification (e.g. John Jones would'have $14.80 in Fringe Benefits). If completing the form electronically: ❑ Overtime rate—as above ❑ Standard (also: Regular) Rate-- as above. Two entry boxes will be listed on the form: In the first, enter the employee's Davis-Bacon rate of pay, in the second, the employee's Fringe pay rate(found on the Davis-Bacon Act Wage Determination form). . Column 7 - Gross Amount Earned: The sum of Hours Worked (from Column 5) multiplied by the Rate of Pay(Column 6)for both the overtime ("O") and standard ("S" -- also called regular) hours reported. NOTE: if an employee worked on more than one project during the period reported, the top number should reflect the earnings from THIS job, and the lower number should include all wages for the Veek. Column 8 » Deductions: List all Deductions found an the employee's weekly paycheck. FICA, is calculated by multiplying the employee's Gross Wages (from Column 7) by 4.00% (in this example, John Jones, earning $2351.89, would have $179.92 listed as his FICA deduction). However, note that for 2011 only, the employee portion of Social Security is reduced to 4.2% instead of 6.2% (employers still pay the full 6.2% rate.). This payroll tax holiday was legislated as part of H.R. 4853, the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010. Starting 2012, the employee-portion of Social Security will revert back to the full 6.2%. Page 2 Statement Required by Regulations: The person filling out the form on behalf of the company enters their name, name of the company, name of the project as well j as the payroll period being submitted. (e.g. in our example, the form is being complete by Dave Diamond, CEO of ABC Company for the Anne Arundel Space Agency Solar System for the period September 20-24, 2010.) In the free-form area, enter any information about other monies being deducted (e.g. child support, etc.) i I i f Payment of fringe benefits: Contractors must either make payments to approved fringe programs or pay these monies to the employee in the form of cash. The amount of fringe benefits is provided on the Davis Bacon wage rate forms provided to you. If you pay the required Davis Bacon Act fringe benefit rate into a bona fide i fringe benefit plan for all workers, check Box (4)(a). It is not necessary to show the i amount paid into these plans on the first page in Column (6). It will be necessary to maintain supporting documents for the benefit plan(s), and documents that evidence the contractor's contributions for those plans. Compliance reviews will include a review of these documents. The "Statement of Compliance" must be signed by a principal of the firm (owner or an officer such as president, treasurer, or payroll administrator). The signature must always be that of a person who has authority to direct the payment of wages and benefits to the workers. The statement does not need to be notarize the _ statement (on page 2 of the payroll form); however, the contractor is subject to the penalties provided by 18 U.S.C. § 1001, namely, a fine, possible imprisonment of not more than 5 years, or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. All Payroll Forms are subject to review by the City of Fort Worth. Contractors will be required to correct any errors noted. ,Should our review determine that an employee was underpaid;the contractor will be required to submit proof that the employee was reimbursed for the amount in question.No payments to contractors shall be made until submissions have been reviewed by the City or its representatives. Payroll records may be reviewed by the City or.iis representatives at any time. t I I I i U.S. Department'of Housing OMB Approval No.2601-0009 ! ReGord o and Urban Development (exp. 08/3112007) Employee interview office of Labor Relations public reporting burden for Ihis collection of information is estimated to average 15 minutes per response,including the time for reviewing Instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collectlon of Information,This agency may not collect this Informal€an,and you are not requlrcd to template this form,unless it displays a currently valid OMB control number. The Information is collected to ensure compliance with the Federal labor standards by recording interviews with construction workers.The Information collected will assist HUD In the conduct of compliance monitoring;the Information will be used to test the veracity of certifled payroll reports submitted by the employer.Sensitive Informatlnn.The Information collected on this form is considered sensitive and is protected by the PdvacyAct The PrlvacyAcl requires that these ve,technical,and physical safeguards to ensure their security and confidentiality.In addition,these records should be protected records be maintained with appropriate adminisfrac against any anticipated throats or hazards to their security or Integrity that could result in substantial harm,embarrassment,Inconvenience,or unfairness to any Individual on whom the Information is maintained.The information collected herein Is voluntary,and any Information provided shall be kept confidential. i la. Project Name 2a, Employee Name 1b, Project Number 2b. Employee Phone Number(including area code) r i 1 o. Contractor or Subcontractor(Employer) 20. Employee Home Address&Zip Code 'f 2d. Verifleat€on of Identificatlon? Yes❑ No ❑ 3a.How long on this 3b.Last date on this 3c,No.of hours last 4a.Hourly rate of pay? 4b. Fringe Benefits? 4c. Pay stub? job? job before today? day on this job? Vacation Yes❑ .'No ❑ Yes❑ No ❑ r Med€ca€ Yes❑ No ❑ Pension Yes❑ No ❑ 5. Your job classifications)(list all)---continue on a separate sheet If necessary I 6. Your duties 7. Tools or equipment used Y N Y N 1 8.Are you an apprentice or trainee? ❑ ❑ 19.Aro you paid at least time and%2 for all hours worked in excess of 40 In a week? ❑ ❑ 9.Are you paid for all hours worked? ❑ ❑ 11.Have you ever been threatened or coerced into giving up any part of your pay? ❑ ❑ 12a. Employee Signature 12b. Date 13. DUII,,observed by the Intern€ewer(Please be specific.) 14. Remarks 15a. Intern€ewer name(please print) 15b. Signature of Interviewer 1Sc. Date of Intern€ew l r Pa roll E�camination 16, Remarks i i t ' i 17a. Signature of Payroll Examiner 17b. Date I 91 t Previous editions are obsolete Page 1 of 2 form HUD-11(0812004) I I PLUS: Fringe Rate + $ 14.80 ------------------------------------------------------------------------- overtime Rate $ 69,13 ❑ Fringe Rate is not subject to the overtime calculation (1.5x); the amount is added to the base calculation, as shown above. 5 NOTE: Overtime wages are paid on the BASE rate ONLY. For example, ❑ Standard (also: Regular) Rate: two entries are required: o First--enter the Wage rate, found on the Davis-Bacon Act Wage Determination form, for the county worked based on the employee's work classification (e.g. John Jones would have an hourly rate of$23.49). o Second— enter the Fringe amount,found on the Davis-Bacon Wage Determination form the county worked based on the employee's work classification (e.g. John Jones would have $14.80 in Fringe Benefits). 4 If completing the form electronically: ❑ Overtime rate—as above 0 Standard (also: Regular) Rate— as above. Two entry boxes will be listed on the form: In the first, enter the employee's Davis-Bacon rate of pay; in the second, the employee's Fringe pay rate (found on the Davis-Bacon Act Wage Determination form). Column 7-Gross Amount Earned: The sum of Hours Worked (from Column 5) multiplied by the Rate of Pay(Column 6)for both the overtime ("O") and standard ("S"-- also called regular) hours reported. c NOTE: If an employee worked on more than one project during the period reported, the top number should reflect the earnings from THIS job, and the lower number should include all wages for the week. a Column 8 -Deductions: List all Deductions found on the employee's weekly paycheck. FICA, is calculated by multiplying the employee's Gross Wages (from Column 7) by 4.00% (in this example, John Jones, earning $2351.89, would have $179.92 listed as his FICA deduction). However, note that for 2011 only, the employee portion of Social Security is reduced to 4.2% instead of 6.2% (employers still pay the full 6.2% rate.), This payroll tax ` holiday was legislated as part of H.R. 4853, the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010. Starting 2012, the employee-portion of Social Security will revert back to the full 6.2%. Page 2 1 Statement Required by Regulations, The person filling out the form on behalf of the company enters their name, name of the company, name of the project as well as the payroll period being submitted. (e.g. in our example, the form is being complete by Dave Diamond, CEO of ABC Company for the Anne Arundel Space Agency Solar System for the period September 20-24, 2010.) In the-free-form area, enter any information about other monies being deducted (e.g. child support, etc.) a ' Payment of fringe benefits: Contractors must either make payments to approved fringe programs or pay these monies to the employee in the form of cash. The amount of fringe benefits is provided on the Davis Bacon wage rate forms provided to you. If you pay the required Davis Bacon Act fringe benefit rate into a bona fide fringe benefit plan for all workers, check Box (4)(a). It is not necessary to show the amount paid into these plans on the first page in Column (6). It will be necessary to maintain supporting documents for the benefit plan(s), and documents that evidence the contractor's contributions for those plans. Compliance reviews will include a review of these documents. The "Statement of Compliance" must be signed by a principal of the firm (owner or an officer such as president, treasurer, or payroll administrator), The signature must always be that of a person who has authority to direct the payment of wages and benefits to the workers. The statement does not need to be notarize the statement(on page 2 of the payroll form); however, the contractor is subject to the penalties provided by 18 U.S.C. § 1001, namely, a fine, possible imprisonment of not more than 5 years, or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. All Payroll Forms are subject to review by the City of Fort Worth, Contractors will be required to correct any errors noted. ,Should our review determine that an employee was underpaid; the contractor will be required to submit proof that the employee was reimbursed for the amount in question.No payments to contractors shall be made until submissions have been reviewed by the City or its representatives. Payroll records may be reviewed by the City or its representatives at any time. . I - i I i i Record U.S. Department of Housing OMB Approval No.2501-0009 and Urban Development (exp.0813112007) j Employee Interview Office of Labor Relations Public reporting burden for Mis collection of information is estimated to average 15 minutes per response,friduding the time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of Information.This agency may not collect fh€s Information,and you are not required to oompteie this form,unless It displays a currently valid OMB control number. The information Is collected to ensure compliance with the Federal labor standards by recording interviews with construction workers.The Information collected will assist HUD in the conduct of compliance monitoring,'the Information will be used to test the veracity of certified payroll reports submitted by the employer.Sensitive Information.The information collected on this form Is considered sensitive and is protected by the Privacy Act.The Pdvacy Act requires that these records be maintained with appropriate admintsira(ive,technical,and physical safeguards to ensure their securfty and confidentiality.In addition,these retards should he protected against any anticipated threats or hazards to their security or Integrity that could result In substantial harm,embarrassment,inconvenience,or unfairness to any Individual on whom the Information is maintained.The information collected herein is voluntary,and any Information provided shall be kept confidential. 1a. Project Name 2a. Employee blame 1 1 b. Project Number 2b. Employee Phone Number(including area code) i - 1c. Contractor or Subcontractor(!mplayer) 2c. Employoo Home Address&zip Code 2d. Verification of Identification? Yes❑ No ❑ ' 3a.How long on this 3b.Last date on this 3c.No.of hours last 4a.Hourly rate of pay? 4b.Fringe Benefits? 4c. Pay stub? Job? job before today? day on this job? • Vacation Yes❑ 'No ElYes❑ NaQ r Medical Yes❑ No ❑ Pension Yes❑ No-------------------- ❑ 5. Your job classification(s)(list all)---continue on a separate sheet if necessary } 6. Your duties 7. Tools or equipment used Y N = Y N 8,Are you an apprentice or trainee? ❑ ❑ 10.Are you paid at least time and'/z for all hours worked In excess of 40 In a week? ❑ ❑ 9.Are you paid for all hours worked? ❑ ❑ 11.Have you ever been threatened or coerced into giving up any part of your pay? ❑ ❑ 12a. Employee Signature 12b. Date 13. Duties obsorved by the Intervlewer(Please be specific.) , f ± 14. Remarks 15a. Interviewer name(please print) 15b. Signature of Interviewer 15c, date of Interview Pa roll E�amina�ion 16. Remarks a 17a. Signature of Payroll Examiner 17h. Data Previous editions are obsolete Page f of 2 form HUD-11 (0812004) Page 1 of 7 General Decision Number: TX180322 01/12/2018 TX322 Superseded General. Decision Number: TX20170322 State: Texas L Construction 'Type: Building County: Tarrant County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family ? homes or apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is ' awarded (and any solicitation was issued) on or after January 11 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 $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year r 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a) (2)-(60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/wh.d/govcontracts. 4 Modification Number Publication Date 0 01/05/2018 1 01/12/2018 ASBE0021-011 06/01/2016 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Duct, Pipe and Mechanical System Insulation) . . . .$ 24.32 7.52 --------------------------------------------------------------- 3 BOIL0074-003 01/01/2017 i Rates Fringes i BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 28.00 22.35 ---------------------------------------------------------------- CARP1421-002 04/01/2016 a Rates Fringes MILLWRIGHT. . . . . . . . . . . . . . . . . . . . . . .$ 26. 60 8. 65 --. -------------------..------------------_- ----------------------- r * ELEV0021--006 01/01/2018 Rates Fringes g/11nniR - k Page 2 of 7 ELEVATOR MECHANIC. . . . . . . . . . . . . . . .$ 39.97 32. 645+a+b FOOTNOTES: A. 6% under 5 years based on regular hourly rate for all hours worked. 8% over 5 years based on regular hourly rate for all hours worked. B, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Veterans Day. ---------------------------------------------------------------- ENGIO178-005 06/01/2014 Mates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane. . . . . . . . . . . . .$ 29.00 10. 60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above. . . . .$ 28.75 10. 60 (3) Hydraulic cranes 59 Tons and under. . . . . . . . . . . . . .$ 27.50 10. 60 --------- -----------W -_-------------- - ------ IRON0263--005 06/01/201V Rates Fringes IRONWORKER (ORNAMENTAL AND STRUCTURAL) . . . . . . . . . . . . . . . . . . . . . .$ 23.25 7.32 ----------------------------------------------------------------- PAIN0053-004 04/01/2014 Rates Fringes PAINTER (Brush, Roller, and Spray (Excludes Drywall Finishing/Taping) ) . . . . . . . . . . . . . . .$ 16.40 5.45 PLUM0146-003 05/01/2016 Rates Fringes PIPEFITTER (Excludes HVAC Wipe Installation) . . . . . . . . . . . . . . .$ 29.48 8.30 BUTX2014-048 07/21/2014 Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 20.66 0.00 CARPENTER, Excludes Drywall Hanging, form Work, and Metal Stud Installation. . . . . . . . . . . . . . . .$ 15.47 1, 82 CEMENT MASON/CONCRETE FINISHER. . .$ 13.44 0.110 Y]'t"f-F�RrfI[IYY 1t ftY]YYIf{A1 lYllZl/[YIAI1�Innn]'ilARlll4Tlt[1H rY.ITIT%�rl } f1T 111 I[l="� 0/1 1/,)()1 2 Page 3 of 7 DRYWALL FINISHER/TAPER. . . . . . . . . . .$ 16.24 3.94 DRYWALL HANGER AND METAL STUD INSTALLER. . . . . . . . . . . . . . . . . . . . . . . .$ 1G.20 3.40 ELECTRICIAN (Alarm Installation Only) . . . . . . . . . . . . . . .$ 1.8.00 0.38 ELECTRICIAN (Low Voltage f Wiring Only) - . . . . . . . . . . . . . . . . .$ 14.88 2.15 ELECTRICIAN (Sound and Communication Systems Only) . . . . . .$ 17.79 2.41 ELECTRICIAN, Excludes Low ' Voltage Wiring and Installation of Alarms/sound and Communication Systems. . . . . . . .$ 20.59 3, 98, S FORM WORKER. . . . . . . . . . . . . . . . . . . . . .$ 12.35 0.00 GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 16.61 2.96 HVAC MECHANIC (HVAC Unit Installation Only) . . . . . . . . . . . . . . .$ 22,39 7.10 r INSTALLER - SIDING h (METAL/ALUMINUM/VINYL) . . . . : . . . . . .$ 15.77 0.00 IRONWORKER, REINFORCING. . . . . . . . . .$ 12.19 0.00 LABORER: Common or General. . . . . .$ 11.30 0.00 LABORER: Mason Tender - Brick. . .$ 10.50 0.00 LABORER: Mason Tender - Cement/Concrete. . . . . . . . . . . . . . . . . .$ 10.81 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 13.00 0.35 t LABORER: Roof Tearoff. . . . . . . . . . .$ 11,28 0.00 a LABORER: Landscape and Irrigation. . . . ... . . . . . . . . . . . . . . . . .$ 10.00 0.00 OPERATOR: Backhoe/Excavator/Trackhoe. . . . . . .$ 13.09 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 13.93 0.00 t OPERATOR: Bulldozer. . . . . . . . . . . . .$ 18.29 1..31 OPERATOR: Drill. . . . . . . . . . . . . . . .$ 17.60 0.50 OPERATOR: Forklift. . . . . . . . . . . . . .$ 14.20 0.00 OPERATOR: Grader/Blade. . . . . . . . . .$ 12.95 0.00 OPERATOR: Loader. . . . . . . . . . . . . . . .$- 12.89 1.19 i Page 4 of 7 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 18.44 0.00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 15.04 0.00 PIPEFITTER (HVAC Pipe Installation Only) . . . . . . . . . . . . . . .$ 21.28 4.45 PLASTERER. . . . . . . . . . . ... . . . . . . . . . . .$ 15.30 0.00 PLOMBER, Excludes HVAC Pipe Installation. . . . . . . . . . . . . . . . . . . . .$ 22.10 4 .17 ROOFER. . . . . . . . . . . . . . . . . . . I . . . . . . .$ 15.70 0.58 1 SHEET METAL WORKER (RVAC Duct Installation Only) . . . . . . . . . . . . . . .$ 21.54 5.59 SKEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 18.63 0.65 SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . .$ 19.27 3. 68 I TILE FINISHER- - . . . . . . . . . . . . . . .$ 11.22 0.00 TILE SETTER. . . . . . . . . . . . . . . . . . . . . .$ 12.00 0.00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 12.39 1.18 TRUCK DRIVER: Flatbed Truck. . . . .$ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.50 0.00 TRUCK DRIVER: Water Truck. . . . . . .$ 12,00 4.11 ----------------------------------------------------__---------- WELDERS -- Receive rate prescribed for craft performing ly operation to which welding is incidental. Note; Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017- If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health--related needs, including preventive care; to assist a family member (or person who is' like family to the employee) who is ill, injured, ox has other health-related needs, including preventive care.; or for reasons resulting from, or to assist a family member (or persona who is i like family to the employee) who is a victim of., domestic Page 5 of 7 j violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. i Unlisted classifications needed for work not included within Ithe 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 ' determi-nation. 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 (CSA) governing this classification and rate. Survey Rate Identifiers Classifications listed under .the ",9U11 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 1 calculation of rates and are not majority rates. LA indicates i 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 JG wage determination. 5/13/2014 indicates the survey completion 1 date for the classifications and rates under that identifier. 9 Survey wage rates are not updated and remain in effect until a nil 1 /')h1 0 3 Page 6 of 7 fE new survey is conducted. ! Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate $ that no single majority rate prevailed for those classifications; however, 100% 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, 001.0 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 dour 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 reconsidexation from the Rage and Hour Administrator (See 29 CYR Part 1.8 and 29 CFR Fart 7) . Write to: Wage and Hour Administrator U.S. Department of Labor i 200 Constitution Avenue, N.W. i.+4.,....11.r.......tY.7 4 I.Y.1 11 F T / ..< 7 M-;,-)n n 7 .fin__1 n iy Y fnn y n Page 7 of 7 ' Washington, DC 2021.0 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. Departmment. of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION r t i s I 1 i { S 4 � E I � i_; S ? 5 3 y d a kf i - _:: U.S.Department of Housing p� 1 ' and Urban Development Labor Relations Desk Guide LR01.I3Ca 1 r'�-r.'iy:- Cj41SS�-�iFl.^ �I':'.. ' ' - .'+• �r�� vf_^r_:- ` •lf�••"•� a�llei 55ZO Yr LABOR STANDARD . ' to 1-31revailing Wage Requiremel7tS for I ,gyp rc. •E xi � -Y I k,1aE+. _ :I f:.r�' `.��'i i-' — y' -r??i='�:as�-- 1. �"'''�T 's�ii� �'iR=��� �. � 'r�4• _ , if�� r k Federally-Assisted Construction f - -'--' sr - .:?w ::�:`.,�'*--. :..�T Mt�'S�i���_.ur:fir""="^.+ _ -''r - - -•':� .'yr.r�. :s'Y: r� _ �.E?�' #:i;. C,a {. - ar •``FRS- - ,'--�',1`"?.y.�.. r£ 4yJ . r Y_ r -, Tal:�5:�'_�,.r -_�• �'�T'. •.n.,���r�'y��'a•� �'ems-'�',"�Zip N�:.1� :�L". ` � 'L. F ~. WO ig Oil Januat 20�12 � ;��;N r; Previous versions obsolete { f' �S'{i i s yjE�?: - f . I - I ' I INTRODUCTION ' This Guide has been prepared for you as a contractor performing work on construction projects that are assisted by the Department of Housing and Urban Development and subject to Davis- Bacon prevailing wage requirements. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract. In this latter case, the Federal Acquisition Regulations (FAR) are appli- cable. While the guidance contained in this Guide is generally applicable to any Davis•-Bacon covered project, specific questions pertaining to direct Federal contracts should be addressed to the Contracting Officer who signed the contract for the Federal agency. Our objective here is to provide you with a guide which is simple and non-bureaucratic yet comprehensive and which will help you better understand and comply with Davis-Bacon labor standards. HUD's Office of Labor Relations worked closely with the Department of Labor's Wage and Hour Division to make sure that the labor standards provisions in your contract and the specifics of complying with them represent the latest information. It is the Department of Labor which has general administrative oversight of all Federal contracting agencies, such as f HUD, which administer the day-to-day responsibilities of enforcing Davis-Bacon provisions in construction-contracts they either fund or assist in funding. There are three chapters in this Guide. The first chapter offers a brief description of the laws and regulations associated with Federal labor standards administration and enforcement and discusses both what's in your contract that requires Davis•-Bacon compliance and your respon- sibilities. The second chapter deals with labor standards and payroll reporting requirements. The third chapter discusses what can happen in the event there is a dispute about the wage rates that should be (or have been) paid and any back wages that may be due. i Finally, not all HUD construction projects are covered by Davis-Bacon wage rates. For the pur- pose of this Guide, we are assuming that a determination has already been made that Davis- Bacon wage rates are applicable. Should you wish assistance in determining whether Davis- Bacon wage rates apply to a particular project or if you need other related technical assistance, please consult with the HUD Labor Relations Field staff for your area. If you don't know which staff to contact, a list of Labor Relations field offices and their geographic areas and telephone numbers can be found on HUD's Home Page at the address below. I Visit the Office of Labor Relations on-line: hf# ,11www,hud rev/offrceslolr Obtain additional copies of this Guide and other publications at our website or by telephone from HUD's Customer Service Center at (800)767-7468. 4 1 I I ' I E r i ' TABLE OF CONTENTS rINTRODUCTION,........•......................................................... ...........................................i C CHAPTER I LAWS, REGULATIONS, CONTRACTS AND RESPONSIBILITIES.................................................................1-� L s 1-1 - DAVIS-BACON AND OTHER LABOR LAWS. .................................................I...... 1-1 a. The Davis-Bacon Act (DBA) b. The Contract Work Hours and Safety Standards Act (CWHSSA)......................1-1 c. The Copeland Art (Anti-KickbackAct)................................................................1-2 d. The Fair Labor Standards Act(FLSA)................................................................1-2 ' 1-2 DAVIS-BACON REGULATIONS.......................... ..--.--1-2 1-3 CONSTRUCTION CONTRACT PROVISIONS........................................................1-2 1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR......................................1-3 1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR.................................1-4 CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS AND PAYROLL REPORTING REQUIREMENTS .............................2-1 SECTION - I THE BASICS 2-1 THE WAGE DECISION......................................................,.....................................2-1 a. The work classifications and wage rates.............. .......2-1 b. Posting the wage decision.......................................,..................:....,...,...............2-�2 2-2 ADDITIONAL "TRADE" CLASSIFICATIONS AND WAGE RATES.......................2-2 a. Additional classification rules b. Making the request...................................................................................I.........2-3 c. HUD review........................................................................................................2-3 Cd. DOL decision..........................................................................0...........................2-3 ` 2-3 CERTIFIED PAYROLL REPORTS .2-4 a. Payroll formats ..............................................---.............,...................................,2-4 b. Payroll certifications ...........................................................................................2-4 c. "No work" payrolls ..............................................................................................2--4 d. Payroll review and submission...........................................................................2•-5 e. Payroll retention .................................................................................................2-5 f. Payroll inspection ...................2--5 2-4 DAVIS-BACON DEFINITIONS.....................................................,...,.......................2-5 l a. Laborer or mechanic .....................2-5 b. Employee ............................................ ............2-6 c, Apprentices and trainees....................................................................................2-6 d. Prevaillrig wages or wage rates ....................................................................... 2-7 e. Fringe benefits....,....... ..•.................................................................................2-7 f. Overtime.............................................................................................................2-7 ig. Deductions ................. ................... ............. ............................2 h Proper designation of trade.......................... ......................... -8 2-8 i. Site of work.........................................................................................................2-8 iii ' E f E I SECTION - 11 REPORTING REQUIREMENT 2-5 COMPLETING A PAYROLL REPORT..................:........ a. Project and contractor/subcontractor information...............................................2-9 b. Employee information.............................................................................,...........2-9 c. Work classification..............................................................................................2-•9 d. Hours worked.....................................................................................................2-10 e. Rate of pay.........................................................................................................2-10 f. Gross wages earned ......................._.................................................................2-10 g. Deductions .........................................................................................................2-11 h. Net pay............................................................................................................ 2-11 i. Statement of compliance....................................................................................2-11 j. Signature........... .................................................. .......... ..................................2-11 SECTION III - PAYROLL REVIEWS AND CORRECTIONS 2-6 COMPLIANCE REVIEWS.......................................................................................2-12 a. On-site interviews............................................................................................ 2-12 � b. Project payroll reviews .....................................................................................-2-12 E 2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS .......................2-12 a. Inadequate payroll information............................................................................2--12 b. Missing identification numbers ...........................................................................2-12 c. Incomplete payrolls ............................................................................................2-13 d. Classifications ....................................................................................................2-13 e. Wage Rates..... .................................................___............................................2-13 f, Apprentices and trainees....................................................................................2-13 g. Overtime.............-... ............................................................................. .........2-13 h. Computations.....................................................................................................2-13 i. Deductions .........................................................................................................2--13 j. Fringe benefits....................................................................................................2-14 k. Signature............................................................................................................2-14 I. On-site interview comparisons............................................................................2-14 m. Correction certified payroll..................................................................................2-14 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES.............................................2-14 a. Notification..........................................................................................................2-14 b. Computing wage restitution................................................................................2-15 c. Correction certified payrolls................................................................................2•-15 d. Review of correction CPR..................................................................................2--15 e. Unfound workers................................................................................................2-•15 iv 1 r I I l CHAPTER 3 LABOR STANDARDS DISPUTES,ADMINISTRATIVE ' REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW ACCOUNTS, AND SANCTIONS.......................................................3-1 3-1 INTRODUCTION .......,............ .......3-1 3 3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES.....................3-1 ` a. Additional classifications and wage rates ..............................3-1 b. Findings of underpayment..................................................................................3-2 3-3 WITHHOLDING.......................................................................................................3--2 ` 3-4 DEPOSITS AND ESCROWS 3-5 ADMINISTRATIVE SANCTIONS ............................................................................3-4 5 a, DOL,debarment................................ ............3--4 b. HUD sanctions ...................................................................................................3-4 � 3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS........................................3-5 APPENDICIES r ACRONYMSANDSYMBOLS...........................................................................................A 1 ` DAVIS-BACON- RELATED WEB SITES` ............... .A-2 HUD-4720, Project Wage Rate Sheet.................................... .........................................A-3 WH-347, Payroll Form/Statement of Compliance..........................................................A-4 r J 5 S i I f 77� I , V i J i 1 CHAPTER l LAWS, REGULA71 IONS, CONTRACTS AND RESPONSIBILITIES l The following paragraphs describe what the labor standards laws and regulations actually say and what they mean to you on HUD projects: 1-1 DAVIS-BACON AND OTHER LABOR LAWS. a. The Davis-Bacon Act (DBE, The Davis-Bacon Act requires the payment of prevailing wage rates (which are determined by the U.S. Department of Labor) to all laborers and mechanics on Federal government and District of Columbia construction projects in excess of $2,000. Construction includes alteration and/or repair, including painting and ` decorating, of public buildings or public works. r _ - »mra...i.zvS - :k'_ -.;';3: �r`?i?x ,•,y�?;iri•tlii-;;`:'t'i'.-1'¢.`: _ rY-.'. - - - t, - r _ :s` _ }•,4s- .F:R .t."7`/' F':tSK ' -.;_ram ..:fh. .r. .tom-.:-y'•�::i .T}:.. - -r_k.`: .•1� J�::i' :'3 Y: {� ram:'}, 1 ..L . -.:{..:`-t` •:�`'!'{'3�' ].:? '::rl�s,:,. V; lsf4.},.�-"j;Y'l;r:Z.,(,4;; sf,F.� _,ti 57 s` �i. €� Y�. _:£:,>s ,�' x._v- Y :V,-,R, ,�t�;,•� � ,! `- }>. #g.t �, S:;V. -s rt �..� '' ,�.:;;�,::"1.z` t � � �'C3' {r.L _-y kE vt�rl-•ice$ q�'.•:XF�.•-..a.° 'Most HL�b cd�struc#lop work is hofi�cove`r`ed #�y fhe DBA ifsef':s�nce:HlJD soldom contracts= ` `adirec$Iji`for`coi structioii seiW-6i3s: °II/Iflst oft ri; if�a s�Bacon wage raf `s3ap [y to'a`HUD i project it is because of a labor provision contained in one of HUD's "Related Acts"'such as the U. S. Housing Act of 1937, the National Housing Act, the Housing and Community Development Act of 1974, the National Affordable Housing Act of 1990, and the Native American Housing Assistance and Self Determination Act of 1996- The Related Acts are 'often referred:t&as the-Davis-"Bacon.and Related-Acfs'or DBRA. .::7� -- ',t ._s`-_ i.- - +y: - .[', ,.er. ,:y>-i-. it `.�.C! �? f=i';a:i":•s::% � b. The Contract Work Hours and Safety Standards Act (CWHSSA). CWHSSA requires time and one-half pay for overtime (O/T) hours (over 40 in any workweek) worked on the covered. project. The CVVHSSA -applies to both direct Federal contracts and to indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA violations carry a liquidated damages penalty ($10/day per violation). Intentional violations of CWHSSA standards can be considered for Fedora[ criminal prosecution. w�N -^�.sr- s�.rk:, r-x;='�:c:SiS.: :.iri— __ �Yr:=: _.•i:e -;if•� - .�y _- .;�=f,_,_.fi."-•ate.- :^i [-'•"-':Y`- _ _- -- •s:-. - ( - %yra x- �r. Y't•�'^- ��.�d v h� ! ;n s F l.J. -ihr o f;:--� s{ ! ..A d i::•'._. si,-.�, ,.y'....,1 ,�-. �. J 7:•si" xi - ��Y�;aY�t'":E'= t_a;'•?;:�r,•..z.,.:-.spa.t"tti �i;t s -a: 4 i a - t^i� �`�G�.'•:'•:�"�' �.�.}u,�:J:.�.l.,i�j _ �CWNS�Aadbes�rrot�2� I{\/��to= rime=cor�'t�acts�:'ofi�$�IOO�OD••0„to7-less-��Jn;�addltior�;�some';HU,D:�'=: + l - T. .J..=.s�1''1` -- • - .--. - V t - f, ; -4 �` progr po�ectsryaro'rtot co'vere `by CVI�HSecause same HUD ams only:providi? loan guarantees or insurance. CWHSSA also does not-apply-to constrdcti6h or r'ehabiiifation contracts that are not subject to Federal prevailing wage rates (e.g., Davis-Bacon wage rates, or HUD-determined rates for operation of public housing and Indian block grant- assisted housing). However, even though CWHSSA overtime pay is not required, Fair Labor Standards Act (FLSA) overtime pay is probably still applicable. (See also Labor Relations Letter SL-95-01, CWHSSA Coverage threshold for overtime and health and safety provision, available on-line at the HUD Labor Relations Library at: u�ittiw.hud.gov/ ofliceslolrllibrary W{'t`}.q-.� - �£:=�f$�'�:�=y:,;.r. s�_, .:Y� sSs;�:v.. .i's��"•• �� -✓. �t°-.z.'sH '.p_ :�;u::Irti ::�.'-, -��.�,.t:s,•F.t c. The Co eland Act Anti-Kickback Act). The Copeland Act makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally- assisted project) to kickback (i.e., give up or pay back) any part of their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permissible payroll deductions. d. The Fair Labor ,Standards Act (FLSA), The FLSA contains Federal minimum wage rates, overtime (OlT), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA. HUD will refer to the DOL any possible FLSA violations that are found on HUD projects. 1-2 DAVIS-BACON REGULATiONS. The Department of Labor (DOL) has published rules and instructions concerning Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Title 29 CFR Parts 9, 3, 5, & and 7. Part I explains how the DOL establishes and publishes DBAwage determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements for payroll deductions and the submission of weekly certified payroll reports. Part 5 covers the labor standards provisions that are in your contract relating to Davis- Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 5 provides for administrative proceedings enforcing Federal labor standards on construction and service contracts. Last, Part 7 sets parameters for practice before the Administrative Review Board. These regulations are used as the basis for administering and enforcing the laws. DOL Reguigtians are available:on-Brie on the, rid Wide Wei: http:ilwww.dol.gov/dol/allefr/Titio-29.htm 1-3 CONSTRUCTION CONTRACT PROVISIONS Each contract subject to Davis--Bacon labor standards requirements must contain labor standards clauses and a Davis-Bacon wage decision. These documents are normally bound into the contract specifications. a. The labor standards clauses. The labor standards clauses describe the responsibilities of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract administrator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-2554, Supplementary Conditions to the Contract for Construction, which is issued primarily for FHA multifamily housing and other construction projects 1 µ2 administered by HUD;the HUD-4010, Federal Labor Standards Provisions,which is used for CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction or the HUD-5370-EZ (construction contracts :5$100,000)which are used for Public and Indian Housing projects. HUD program labor standards forms are available on-line at: www.hud.gov/offices/adm/hudclips/index.cfrn b. Davis-Bacon Wage Decisions. The Davis-Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, E'lectrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits,where prevailing) that people performing work in those classifications must be paid. Davis-Bacon wage decisions are established by the DOL for various types of construction (e.g., residential, heavy, highway) and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified from time to time to keep them current. In most cases, when the contract is awarded or when construction begins, the wage decision is "locked-in" and no future modifications are applicable to the contract or project involved. .......... :-' All current Davis-Bacon wage decisions can be accessed on-line at no cost at: http://Www.wdol.gov 1-4 RESPONSIBILITY or THE PRINCIPAL CONTRACTOR The principal contractor(also referred to as theprime or gon era[contractor)is responsible for the full compliance of all employers (the contractor, subcontractors and any lower-tier subcontractors) with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his/her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor, (See Contract Administrator, below.) To make this Guide easier to understand, the term "prime contractor" will mean the principal contractor; "subcontractor" will mean all subcontractors including lower-tier subcontractors; and the term "employee' will mean all contractors as a group, including the prime contractor and any subcontractors and lower-tier subcontractors. 1-3 i 1-6 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR. The contract administrator is responsible for the proper administration and enforcement of the Federal labor standards provisions on contracts covered by Davis-Bacon requirements. We use this term to represent the person (or persons) who will provide labor standards advice and support to you and other project principals (e.g., the owner, sponsor, architect), including providing the proper Davis-Bacon wage decision (see 2--1, The Wage Decision) and ensuring that the wage decision and contract clauses are incorporated into the contract for construction.The contract administrator also monitors labor standards compliance (see 2-6, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll reports, and oversees any enforcement actions that may be required. The contract administrator could be an employee or agent of HUD, or of a city or county or public housing agency. For HUD projects administered directly by HUD staff, usually FHA- insured multifamily projects, the contract administrator will be the HUD Labor Relations field staff. But many HUD-assisted projects are administered by local contracting agencies such as Public Housing Agencies (PHAs), Indian tribes and tribally-designated housing entities (TDHEs), and States, cities and counties under HUD's Community Development Block Grant (CDBG) and HOME programs. In these cases, the contract administrator will likely be local agency staff. In either case, the guidance for you remains essentially the same. The DOL also has a role in monitoring Davis-Bacon administration and enforcement. In addition, DOL has independent authority to conduct investigations. A DOL investigator or other DOL representative may visit Davis-Bacon construction sites to interview construction workers or review payroll information. 1-4 I - I - I CHAPTER. 2 HOW TO COMPLY WITH LABOR STANDARDS AND PAYROLL REPORTING REQUIREMENTS 5 WHERE TO START? Now that you know you're on a Davis-Bacon project and you know some of the legal and practical implications, what's next? SECTION I -THE BASICS t 2-1 THE WAGE DECISION. Davis--Bacon labor standards stipulate the wage payment requirements for Carpenters, Electricians, PIumbers, Roofers, Laborers, and other construction work classifications that may be needed for the project. The Davis Bacon wage decision that applies to the project contains a schedule of work classifications and wage rates that must be followed. i If you don't have it already (and by now you should), you'll want to get a copy of the applicable Davis-Bacon wage decision. s"t-'+?='• - - 'I"t.S_7 r-r't>_tio zi.w _— ik.«;..}^;`s_:l•'.r.:}-v`- ;:=aY. r..�_ _ -_ r, r:a -;ram.. ,i(t •:fF.i: - :r�" .G- �:r;;ti" _-.a,:f;f .ir^'L•r•.�:,.rx. I ""':;H=�' �. .�?.:.=Y•' 'i(:? w•f 4. '$c: .,i,. +4:i�. .j.:_ :i.: .ua- '.:5.�a ,tF a.;'�- Remembe'r`; th-e wage decision is coritainbd in the contract specifications along with the labor standards clauses. See 1 -3, Construction Contract Provisions. a, The work classifications and wacie rates. A Davis-Bacon wage decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing work in those classifications. You'll want to make sure that the r work classifications) you need are contained in the wage decision and make certain I you know exactly what wage rate(s) you will need to pay. Some wage decisions cover several counties and/or types of construction work (for example, residential and commercial work) and can be lengthy and difficult to read. Contact the contract administrator (HUD Labor Relations field staff or local agency staff if you have { any trouble reading the wage decision or finding the work classifications) you need, _- - 'i: 'sl:' •':h"1 .,1°�•.Y'.I:• 1,[.� ,"y7=r_'� `. 9:`3 -+'� ��ii 7•, `�.;`y`x,-.. -�a :4s. F_ _ _ :t:. ..•r:-} � L,S' -`r„F Tom'.F?YY a 4.7 1 ,xC e�Y-. !-�" r �l �Tii�'f.�li 7., ..�,�!:v7,, •r [� ?;r�'- �.ct;:Y.rr}'.::• •�?{--{ sF fr t f 1 ! .� 1 t f rt, S.F �h ��4 i] _ .,5. •.� J":i �fi• .�s +�-�::L;.rsr��k i °.�r� +'f4.'S=1 f .r_ I r ,t.-t_:i; _f „. .r_- I.:•„�..,. :e r ! -- + _kl jam_�' 1� a? _:,S-_. Ykst; <fi '� i _ '.'-,•�.v �-�-^'- l; .F- .A:�%`���:r-:s.•3'4f -- `i':�F7�'•"•`�y.7�^t�. To make reading lengthy age''d�;c�sions easrer far:yout contract a dministrator`,rrmay. prepare a Project Wage Rate Sheet(HUD-4720).This Sheet is a one-page transcript that will show only the classifications and wage rates for a particular project. A blank copy of ' a Project Wage Rate Sheet is provided for you in the appendix. Also, a fillable version of this form is available on-line at HUDCIips (see web address in the Appendix). Contact the contract administrator monitoring your project for assistance with a Project Wage Rate Sheet. 1 1 2-1 1 I�I i b. Posting the wage decision. If you are the prime contractor, you will be responsible for posting a copy of the wage decision (or the Project Wage Rate Sheet) and a copy of the DOL Davis-Bacon poster titled Employee Rights under the Davis-Bacon Act (Form WH-- 1321) at the job site in a place that is easily accessibly: to all'of the construction workers employed at the project and where the wage decision and poster won't be destroyed by wind or rain, etc. The Employee Rights under the Davis-Bacon Act poster is available in English and Spanish on-line at HUDCIips (see address in the Appendix). `t�{ The Employee Rights under the Davis-Bacon Act poster (WHA 321) ieplaces the Notice to all Employees. The new poster is available in English and Spanish online at HUDCIips see.,,address.in.theAppendix). i <'�+ -, iz - - 53 +r- .:5''7?•t '� r a , ;li 2-2 ADDITIONAL "TRADE" CLASSIFICATIONS AND WAGE RATES. What if the work classification you need isn't on the wage decision? If the work classification(s) that you need doesn't appear on the wage decision, you will need to request an additional classification and wage rate. This process is usually very simple and you'll want to start the request right away. Basically, you identify the classification you need and recommend a wage rate for DOL to approve for the project. There are a few rules about additional classifications; you'll find these rules in the DOL regulations, Part 5, and in the labor clauses in your contract. The rules are summarized for you here; a. Additional classification rules. Additional classifications and wage rates can be approved if; 1. The requested classification is used by construction contractors in the area of the project. (The area is usually defined as the county where the project is located). 2. The work that will be performed by the requested classification is not already performed by another classification that is already on the wage decision. (in other words, if there already is an Electrician classification and wage rate on the wage decision you can't request another Electrician classification and rate.) 3. The proposed wage rate for the requested classification "fits" with the other wage rates already on the wage decision. (For example, the wage rate proposed for a trade classification such as Electrician must be at least as much as the lowest wage rate for other trade classifications already contained in the wage decision.) And, 4. The workers that will be employed in the added-classification (if it is known who the workers aretwill be), or the workers'representatives, must agree with the proposed wage rate, 2•-2 i b. Making the reauest5 A request for additional classification and wage rate must be made in writing through the contract administrator. (If the contract administrator is a local i agency, the agency will send the request to the HUD Labor Relations staff.) If you are a subcontractor, your request should also go through the prime contractor. All you need to do is identify the work classification that is missing and recommend a wage rate (usually the rate that employer is already paying to the employees performing the work) for that classification. You may also need to describe the work that the new classification will perform. c. HUD review. The HUD Labor Relations field staff will review the requested classification and wage rate to determine whetherthe request meets the DOL rules outlined in paragraph 2-2(a), above. If additional information or clarification is needed, the staff will contact the prime contractor(or contract administrator for local agency projects)for more information, etc. If the Labor Relations review finds that the request meets the rules, the staff will give preliminary approval on the request and refer it to the DOL for final approval. The staff will send to you a copy of the preliminary approval/referral letter to the DOL. If the HUD Labor Relations staff doesn't think the request meets the rules and if agreement can't be reached on the proper classification or wage rate for the work described, the 3 HUD Labor Relations staff will not approve the request. In this case, the staff will send i your request to the DOL with an explanation why HUD believes that the request shouldn't be approved. The DOL still has final decision authority. You will receive a copy of the disapprovallreferral letter to the DOL. d. QOL decision. The DOL will respond to HUD Labor Relations in writing about the additional classification and wage-rate request. HUD Labor Relations will notify you of the DOL decision in writing. If the DOL approves the request, the prime contractor must post the approval notice on the job site with the wage decision. If the DOL does not approve the request, you will be notified about what classification and wage rate should be used for the work in question. You will also receive instructions about how to ask for DOL reconsideration if you still want to try to_get your recommendation approved. ,..�? - i-7 ;.%•: k .h:k;: ex'.- -.n: ._s��- - :1_,4x..-.`4.'.,f. fi.' ,;. ..Tt, �5'- ;at-.�.C. dYi^- :5 r :fi3,•3'�..'S�•:: ' .�: _�i !-s_'-i.r E::�=_�i s - 9-i.0 - .�a.. .i.r -$:y`•�r.... yt, �>,��•qq�R. a :.�:>e�"��:. - .mot=,.t ,., �:�k'~ __ ;n .�:, :,f .�. n:yiq' ,.- = -§> ' � :a"to''Ealk to the'ebritracf-admiriist rator'*b are-stibfiiitting'an'acldi tonal It's always a good i classification and wage rate request. The contract administrator can offer suggestions and advice that may save you time and increase the likelihood that DOL will approve your request. Usually;the contract administrator can give you an idea about what the DOL will finally decide. - �K{�::.f-� :;�. ,..._ ..: :�s.;. 4,•'- _ _--its` - - -- % -- 1 2-3 f I 2-3 CERTIFIED PAYROL.1_. REPORTS. You'll need to submit a weekly certified payroll report (CPR) beginning with the first week that your company works on the project and for every week afterward until your firm has completed its work. It's always a good idea to number the payroll reports beginning with #1 and to clearly mark your last payroll for the project"Final," a. Payroll formats, The easiest form to use is DOUs WH-347, Payroll. A sample copy of the WH-347 is included in the back of this Guide. You may access a fillabie version of the WH-347 on-line at HUDClips (see web address in the Appendix). Also, the contract administrator can provide a few copies of the WH-347 that you can reproduce. l _ § - x rt11{' o e rt F` s1�433 :.C�-{• f.�xM:I_n, "i. 7. .•�( $ .-� ,� her _ .. .. ', ;. . Y6u:are not required twuse:Payro[1•fprm-WH"347: You arewelcome to-Ose any other type of payroll, such as computerized formats, as-long as it contains all of the information that is required.on the WH-347. b. Payroll certifications. The weekly payrolls are called certified because each payroll is signed and contains language certifying that the information is true and correct. The payroll certification language is on the reverse side of the WH-347. If you are using another type of payroll format you may attach the certification from the back of the WH- 347, or any other format which contains the same certification language on the WH-347 (reverse). €'ANO9N Wr''} 7rr5` -,',i•F�.s#i,a; •} �? as;"k - ;x k7E -lg, ti-�`3 i,r?4 �i .i�}r;'' {S�f -,Ifi` } -_ DOD's website:has Payroll.Instructions and 'the Payroll°form i-1-347 in a "tillable".PDF format at this address: www.dol.govfwhdlforms/wh347.pdf c. "No work" payrolls. "No work" payrolls may be submitted whenever there is •a temporary break in your work on the project, for example, if your firm is not needed on the project right now but you will be returning to the job in a couple of weeks. (See tip box, for "no work" payroll exemption!) However, if you know that your firm will not be working on the project for an extended period of time, you may wish to send a short note to the contract administrator to let them know about the break in work and to give an approximate date when your firm will return to the project. If you number payrolls consecutively or if you send a note, you do not need to send "no work" payrolls. 777= L""r,''a;w-',d:k�`r_ - nt�y,:�1•.7�":f�.'f,r.: �=�s'"•tir---i1.':.�Fsah�u:�;�Y„�a4V',�F,'i �.'ffS �f � -�S"� jy1Yt�' r13��' ri�r {� �1 F� ;w.5It you nu , you do nod need to submit "no'work" payrolls! 2-4 I 1 i d. Payroll review and submission.The prime contractorshould review each subcontractor's payroll reports for compliance prior to submitting the reports to the contract administrator. r Remember,the prime contractor is responsible for the full compliance of all subcontractors on the contract and will be held accountable for any wage restitution that may be found due to any laborer or mechanic that is underpaid and for any liquidated damages that may be assessed for overtime violations. All of the payroll reports for any project must be submitted to the contract administrator through the prime contractor. - - - rr:,.N-_ `?T'�.��'.�•t,,. _,ie.. �rl,;li:i - rsj_i)+''.'Y'�;i'rf�F.,=',; -r ,,r :_Y",- e -x�:- =.l;sr-'+'` ;�ri,}" :.C_.$, :f:.•°f;' - f ..�,.�tr... .4 �-!3 � r -�3,�, igiiy Aii'alert prime'confradtor that teviews,subcoritracto'r paj ro11 s tbrriiss�oiis can:defect misunderstandings early, prevent costly underpayments and protect itself from financial iloss-should underpayments occur: e. Pa roll retention. Every contractor(including every subcontractor) must keep a complete set of their own payrolls and other basic records such as employee addresses and full SSNs, time cards, tax records, evidence of fringe benefit payments, for a Davis-Bacon project for at least 3 years after the project is completed. The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project. ± f. Payroll inspection In addition to submitting payrolls to the contract administrator, every contractor (including subcontractors) must make their own copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL. i 2- DAMS-BACON DEFINITIONS. ` Before we discuss how to complete the weekly payroll forms, we need to review a couple ' of definitions. These definitions can help you understand what will be required of you: k a. Laborer or mechanic. "Laborers" and "mechanics" mean anyone who is performing construction work on the project, including trade journeymen (carpenters, plumbers,sheet metal workers, etc.), apprentices, and trainees and, for CWHSSA purposes, watchmen and guards. "Laborers"and "mechanics"are the two groups of workers that must be paid not less than Davis-Bacon wage rates. 1. Workina foremen. Foremen or supervisors that regularly spend more than 20% of their time performing construction work and do not meet the exclusions in paragraph 2 below are covered "laborers" and "mechanics" for labor standards purposes for the time spent performing construction work. 2. Exclusions, People whose duties are primarily administrative, executive or clerical are not laborers or mechanics. Examples include superintendents, office staff, timekeepers, messengers, etc, (Contact the contract administrator if you have any questions about whether a particular employee is excluded.) 2-5 i I b. Employee Every person who performs the work of a laborer or mechanic is "employed" regardless of any contractual relationship which may be alleged to exist between a contractor or subcontractor and such person. This means that even if there is a contract between a contractor and a worker, the contractor must make sure that the worker is paid at [east as much as the wage' rate on the wage decision for the classification of work they perform. Note that there are no exceptions to the prevailing wage requirements for relatives or for self-employed laborers and mechanics. �i �;? ?S �sul._ ;� r pef�y 4 1 _ `ram--ry a- 7'�"t�.`t_ � - ���r{ ia� r'k 15"3J"',:=r i,'r� � kt�' -tr k2s 'e. Fyi dal moreftfifortziaron abt.titnioirlcrng sYf?�canfiiactor , asKheconrac :"admjn�strataror-`'' your HUD Labor Relations Field Siaff.for•a copy of Labor F2elatloris Letter LR=96�01, Labor standards compliance requirements for self-employed laborers and mechanics. Labor Relations Letters and other helpful Labor Relations publications are available at HUD's Labor Relations web site s5 (see the list of web site addresses to the Appendix) F 'S -.�.". ">l e.s Fi.'S i'.] J- - .Y.)k' i 1'.w4 _ • ' __ }.:i f•k I .'ice c. Apprentices and trainees The only workers who can be paid less than the wage rate on the wage decision fortheir work classification are"apprentices"and"trainees"registered in approved apprenticeship or training programs. Approved programs are those which have been registered with the DOL or a DOL-recognized State Apprenticeship Council (SAC). Apprentices and trainees are paid wage rates in accordance with the wage schedule in the approved program. � ;:..Y:� °.r ill¢�14yJPi:";4 -F � of��N•',�441�"-y � 7F{fib qP3,_ :: 'E' fEf S ;X#s� t.z Most afi f ;the apPrenticel'tra1hbb-:viiage rate is expressed as a ser ies of percenfagestiect to the amount of time spent in the program. For example, 0-6 months: 65%; 6 months .. 1 year: 70%; etc. The percentage is'applied to the journeyman's wage rate. On Davis- Bacon projects, the percentage must be applied to the journeyman's wage rate on the .applicable wage decision for that craft: sy f }, -J6.i 1: 1-3 4 -E1-'T2{.r iii - { 1'E'.,.. ,5:'• 1. Probationary apprentice.A"probationary apprentice"can be paid as an apprentice (less than the rate on the wage decision) if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice. 2. Pre-apprentice, A "pre-apprentice", that is, someone who is not registered in a program andwho hasn'tbeen DOL-orSAC-certifted for probationary apprenticeship is not considered to be an "apprentice" and must be paid the full journeyman's rate on the wage decision for the classification of work they perform. 3. Ratio of apprentices and trainees to journeymen. The maximum number of apprentices or trainees that you can use on the job site cannot exceed the ratio of apprentices or trainees to journeymen allowed in the approved program. i 2-6 G ' f . j ' 3 i • I I d. Prevailina wades or wage rates. Prevailing wage rates are the wage rates fisted on the wage decision for the project. The wage decision will list a minimum basic hourly rate of pay for each work classification. Some wage decisions include fringe benefits which are usually listed as an hourly fringe rate. If the wage decision includes a fringe benefit rate for a classification, you will need to add the fringe benefit rate to the basic hourly rate unless you provide bona fide fringe benefits for your employees. 1. Piece-work. Some employees are hired on a piece-work basis, that is, the t employee's earnings are determined by a factor of work produced. For example, a Drywall Hanger's earnings may be calculated based upon the square feet of sheetrock actually hung, a Painter's earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked. Accurate time records must be maintained for any piece-work employees. If the weekly piece rate earnings are not sufficient, the employer must recompute weekly earnings based upon the actual hours worked and the rate on the wage decision for the work classifications) involved. e. Fringe benefits_ Fringe benefits can include health insurance premiums, retirement contributions, life Insurance, vacation and other paid leave as well as some contributions to training funds. Fringe benefits do not include employer payments or contributions required by other Federal, State or local laws, such as the employer's contribution to Social Security or some disability insurance payments, i _ — -- _ -`}y:� -_ _ -atN.tri::w �.1.hr;Fsf+�r3'i�._+.s+-:zT = S?'•i.5:�a__sa.�ii - :°IXr�_5is __�a�.._ f4'-.hF.!:_��T:Y`i�nv vti"a• ..f.Cr.ay}/hf.r.:4: .`fY::� _ .c53. _ AiR y -li _ 1 �. 1. i'.e:: S-�llt1 & Sfx� •Sr�'g�.�t{:�� 'K ::•y:C,.S�l...i+Y,�.Sk .}� 4'i l�l I J `". F .--- Y=- Yi �Sss TG-s1�� 14niG Thr)_2..r('7� ' - i ��''[V.o e,�t a�# � �, a ra�e� � idJto a ylabore"r�-oT:mecha is (ba�[e , ayei3'r�:l?asio . i,'wa �lis1friig4eEtierieffs) rriajikesn less fihart #he'. cjfa[ wage_iafe (l�as`ic'niage of basic wage plus=fririge:benefts} on--the wage decision foritheir,craft.. 'If the:r�aliie:of the fringe . benefits)-you provide ris less than-the-fringe benefit rate,on the,Wage decision, you will need to add the balance of the wage decision fringe benefit rate to the basic rate paid to the employee. For example, if the wage decision requires $101hour basic rate plus $51 ,I hour fringe benefits, you must pay no less than that total ($151hour) in the basic rate or basic rate plus whatever fringe benefit you may provide. You can meet this obligation in several ways: you could pay the base wage and fringe benefits as stated in the wage decision, or you could pay$15 in base wage with no fringe benefits, or you could pay$12 basic plus $3 fringe benefits. You can also off-set the amount of the base wage if you pay more.in fringe benefits such as by paying or $9 basic plus $6 fringe benefits; as long as you meet the total amount. The amount of the base wage that you may off-set with fringe beiefifs:is:limite�:by;certairi IRS:and.:FLSA requiremehts. ! f. Overtime, Overtime hours are defined as a[l hours worked on the contract in excess of 40 hours in any work week. Overtime hours must be paid at no less than one and one- half times the regular rate of basic pay plus the straight-time rate of any required fringe benefits. 2--7 r I g. deductions. You may make payroll deductions as permitted by❑OL Regulations 29 C1rR Part 3. These regulations prohibit the employer from requiring employees to "kickback" (i.e., give up) any of their earnings. Allowable deductions which do not require prior❑OL permission include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings accounts, and any other legally-permissible deduction authorized by the employee. Deductions may,also be made for payments on judgments and other financial obligations legally imposed against the employee. ti ;23c3i �r Yy Br nS• - x f4�}x1'jer '-'d�SF� kF`� ? 54 ENk a� ?"s';i'�"}t -'' .f3 s,3s-.;it li ,zFs s' Et CPM, k ofe�ring;,again,;ta:oui exam lO WOVE whOro�•tliO=waW' eclsi!Q. �fgq�tlri_ng � �15 total wage obligation ($-10 basic wage-plus $5 fringe-benfofits)`was met by paying $9 base wage plus$6 fringe benefits: Note that overtime rates must be based on one and one-half times the basic rate as stated on the wage decision. In the above example, the employer must pay for overtime: $15/hr ($9 basic + $6 fringe) plus $5 (one-half of $10,-the wage :.:decis.[on basic rafie):for.a total of.$20 por.hour:.: ' y h. Proper designation of trade. You must select a work classification on the wage decision for each worker based on the actual type of work he/she performed and you must pay each worker no less than the wage rate on the wage decision for that classification regardless of their level of skill. . In other words, if someone is performing carpentry work on the project,-they must be paid no less than the wage rate on the wage decision for Carpenters even if they aren't considered by you to be fully trained as a Carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs. 1_ Split-cl;assMcation. if you have employees that perform work in more than one trade during a work week, you can pay the wage rates specified for each classification in which work was performed only if you maintain accurate time records snowing the amount of time spent in each classification of work. If you do not maintain accurate time records, you must pay these employees the highest wage rate of all of the classifications of work performed. i. Site of work. The "site of work" is where the Davis-Bacon wage rates apply. Usually, this means the-boundaries of the project. Site of work can also.include other adjacent or virtually adjacent property used by a contractor or subcontractor in the construction of the project, like a fabrication site that is dedicated exclusively, or nearly so, to the project. 2-8 E r SECTION II - REPORTING REQUIREMENTS 2-'5 COMPLETING A PAYROLL REPORT. What information has to be reported on the payroll form? The weekly payroll form doesn't ask for any information that you don't already need to keep for wage payment and tax purposes. For example, you need to know each employee's name; his or her work classification (who is working for you and what do they do?), the hours worked during the '• week, his or her rate of pay, the gross amount earned (how much did they earn?), the amounts of any deductions for taxes, etc., and the net amount paid (how much should the paycheck be made out for?). No more information than you need to know in order to manage your work crew and make certain they are paid properly. And, certainly, no more information than you need to keep for IRS, Social Security and other tax and employment purposes. 4 - __ __ - '.-':. „yrr c`Y=i'e r.i•' -':�:. t:i7•'=. .il`F"�?',F".Y;� ::F_h,.s :=,s:!'.'.`:,1,•.- �-C-` - 771;`,�"�� ::rt�_ £i'�:�zr• - :,C�.x_._., s.e>1'�i':_�:.�.,:a.., .:fit .��_....., ..3 <..�.'i:•�..... .are.7 ,3..r:3';>�r',• .- =For many contractors, the Weekly Certified Payroi[ is the only Davis-Bacon papbrwork you need to submit! s You are required to submit certified payrolls to illustrate and document that you have k' complied with the prevailing wage requirements.The purpose of the contract administrator's review of your payrolls is to verify your compliance. Clearer and complete payroll reports will permit the contract administrator to complete reviews of your payroll reports quickly. a. Prolect and contracforlsubcontractor information. Each payroll must identify the contractor or subcontractor's name and address, the project name and number, and the week ending date. Indicate the week dates in the spaces provided. Numbering payrolls is optional but strongly recommended. b_ Employee information Effective January 18, 2009, payrolls shall not report employee addresses or full Social Security Numbers (SSNs). Instead, the first payroll on which 4 each employee appears shall include the employee's name and an individually identifying number, usually the last digits of the employee's SSN. Afterward, the identifying number does not need to be reported unless it is necessary to distinguish between employees, ` e.g., if two employees have the same name. Employers (prime contractors and subcontractors) must maintain tho current address and full SSN for each employee and must provide this information upon request to the contracting agency or other authorized representative responsible for federal labor standards compliance monitoring. Prime contractors may require a subcontractor(s) to provide this information for the prime contractor's records. DOL has modified form WH:- z 347, Payroll, to accommodate these reporting requirements. c.. Work classification. Each employee must be classified in accordance with the wage decision based on the type of work they actually perform. 2-9 II 1. Apprentices or trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of thatapprentice's ortrainee's registration in a registered or approved program- A copy of the portions of the registered or approved program pertaining to the wage rates and ratios shall also accompany the first payroll on which the first apprentice or trainee appears. 2. Split classificatlons. For an employee that worked in a split classification, make a separate entry for each classification of work performed distributing the hours of work to each classification, accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon the total gross amount earned for all classifications. d. Hours worked. The payroll should show ONLY the regular and overtime hours worked on this project. Show both the daily and total weekly hours for each employee. If an employee performs work at job sites otherthan the project forwhich the payroll is prepared, those "other job" hours should not be reported on the payroll. In these cases, you should list the employee's name, classification, hours for this project only, the_rate of pay and gross earnings for this project, and the gross earned for all projects. Deductions and net pay may be based upon the employee's total earnings (for all projects) for the week. e. Rate of pay. Show the basic hourly rate of pay for each employee for this project. If the wage decision includes a fringe benefit and you do not participate in approved fringe benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked. 1. Piece-work. For any piece-work employees, the employer must compute an effective hourly rate for each employee each week based upon the employee's piecework earnings for that week. To compute the effective hourly rate, divide the piece-work earnings by the total number of hours worked, including consideration for any overtime hours. The effective hourly rate must be reflected on the certified payroll and this hourly rate may be no less than the wage rate (including fringe benefits, if any) on the wage decision for the classification of work performed. It does not matter that the effective hourly rate changes from week-to-week, only that the rate is no less than the rate on the wage decision for the classification of work performed. *U3?r:+' 3"{f`'- ' r 'r •�, y Y,t z,,s� it e- -` �- -- f r § a { 4-F 1 s?(a + Et 1=, �= }. I ir4�Il#. 1.5 Y� �S-'.%e', Y� ! .. 5',fiT1 - . Remerrib- the ov�rtrme rate rs:.computed at and and one=lialf:tirri�s fihe basic rate of pay plus any fringe benefits. For example, if the wage decision requires $10/hour basic plus $51hour fringe benefits, the overtime rate would be: ($10 x 1 Y2) +$5 = $201hour, 7 ` •: :y:;iri 3.., ..li itt .i ' .;i` -.- ill %'t'c; -f ;L' ° .i; f. Gross wages earned. Show the gross amount of wages earned for work performed on this project. Note: For employees with work hours and earnings on other projects, you may show gross wages for this project over gross earnings all projects (for example, $425.40/$764.85) and base deductions and net pay on the "all projects" earnings. 2-10 I i i I • I i I I g. Deductions. Show the amounts of any deductions from the gross earnings, "Other" deductions should be identified (for example, Savings Account or Loan Repayment). Any voluntary deduction (that is, not required by law or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collective bargaining (union) agreement. A short note signed by the employee is all that is needed and should accompany the first payroll on which the other deduction appears. .`': i-C max;: „t=' Y:a••;.,- :;o;c•,_1 - r 3�y' ,..;+-,- :;:l.r:t:�r:; _'i �5'=ttr,.: ,s;�x`3; '•"i, - _ •.5�. z #'^`�• • N:Y:IY.<FY: .�-4 ' Only one employee authorization is needed for recurring (e,g;, weekly) other deductions. Written employee authorization is not required for income tax and Social Security deductions: h. Ne�]i3 Show the net amount of wages paid. f i. Statement of compliance. The Statement of Compliance is the certification. It is located on the reverse side of a standard payroll form (VVH--347). Be sure to complete a the identifying information at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a) indicates that you are paying required fringe benefits to approved plans or programs; and 4(b) indicates that you are paying any required fringe benefit amounts directly to # the employee by adding the fringe benefit rate to the basic hourly rate of pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c). 7.c't';2i?;ir` ?r.- c"s;i�i':.�": _ ,. .�f `?`� - •i.ra s.tu:.�k tst3.3 .- $'--.-`.i ,- -}•-r-- '�-s�e�;;fl="s:�i' ��` ,='. sY M1.i.rA.t.-.iq.lii;3q-..:r�...c:..f - ....r :. :.:;;.3.-- - _,, :a;+�o;tr..:-.•::-' . '^P ..� ..- ' - ' Only one Statement of Compliance is required for each employer's weekly payroll no matter how many pages are needed to report the employee data. r - ), Signature. Make sure the payroll is signed with an original signature in ink. The payroll must be signed by a principal of the firm (owner or officer such as the president, treasurer ' or payroll administrator) or by an authorized agent (a person authorized by a principal in writing to sign the payroll reports). Signature authorization (for persons other than a principal)should be submitted with the first payroll signed by such an agent. Signatures in pencil; signature stamps; xerox, pdf and other facsimiles are not acceptable. I 2-11 - i SECTION III - PAYROLL REVIEWS AND CORRECTIONS i 2w6 COMPLIANCE REVIEWS. The contract administrator or other inspector may visit the project site and interview some of the workers concerning their employment on the project. The DOL may also independently conduct its own reviews(see 1-5). In addition,the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards requirements have been met. You will be notified by the contract administrator if these reviews find any discrepancies or errors. You will be given instructions about what steps must be taken to correct any problems. a. On-site interviews. Every employer (contractor, subcontractor, etc.) must make their employees available for interview at the job site with the contract administrator or other agency representative, or HUD or DOl_ representative. The interviews are confidential and the employee will be asked about the kind of work they perform and their rate of pay. Every effort will be made to ensure that these interviews cause as little.disruption as possible to the on-going work. The interviewer will record the interview information, usually on a form HUD-11, Record of Employee Interview, and forward the interviews to the contract administrator. b. Project payroll reviews. The contract administrator will compare the information on the interview forms to the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days and hours worked on the job site, work classification and rate of pay. The contract administrator will also review the payroll submissions 'to make certain that the payrolls are complete and signed; that employees are paid no less than the wage rate for the work classification shown; apprentice and trainee certifications are submitted (where needed); employee or other authorizations for other deductions are submitted (where needed); etc. 2-7 TYPICAL PAYROLL ERRO SAND REQUIRED CORRECTIONS. The following paragraphs describe common payroll errors and the corrective steps you must take. a. Inadequate payroll information. If an alternate payroll format used by an employer(such as some computer payrolls) is inadequate, e.g., does not contain all of the necessary information that would be on the optional form WH-347, the employer will be asked to resubmit the payrolls on an acceptable form. b, Missing identification numbers. If the first payroll on which an employee appears does not contain the employee's individually identifying number, the employer will be asked to supply the missing information. This information can be reported on the next payroll submitted by the employer if the employer is still working on the project. Otherwise, the employer will be asked to submit a correction certified payroll. 2-12 i i c_ Incomplefie payrolls� If the information on the payroll is not complete, for example, if work classifications or rates of pay are missing, the employer will. be asked to send a correction certified payroll. d. Classifications. If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in accordance with the wage decision or the employer may request an additional classification and wage rate (see 2-2). If reclassification results in underpayment (i.e., the wage rate reported on the payroll is less than the rate required for the new classification), the employer will be asked to pay wage restitution to all affected reclassified employees. (see 2-8 for instructions about wage restitution.) e. Wage rates. If the wage rates on the payroll are less than the wage rates on the wage decision for the work classifications reported, the employer will be asked to pay wage restitution to all affected employees- f. Apprentices and trainees. If a copy of the employee's registration or the approved program ratio and wage schedule are not submitted with the first payroll on which an apprentice or trainee appears, the employer will be asked to submit a copy of each apprentice's or trainee's registration andlor the approved program ratio and wage schedule. If the ratio of apprentices or trainees to journeymen on the payroll is greater than the ratio in the approved program,the employerwill be asked to pay wage restitution to any excess apprentices or trainees. Also, any apprentice or trainee that is not registered in an approved program must receive the journeyman's wage rate for the classification of work they performed. g. Overtime. If the employees did not receive at least time and one-half for any overtime hours worked on the project, the following will occur: 1. If the project is subject to CWHSSA overtime requirements, the employer will be I asked to pay wage restitution for all overtime hours worked on the project. The employer may also be liable to the United States for liquidated damages computed at $10 per day per violation. Or, 2. If the project is not subject to CWHSSA, the employerwill be notified of the possible FLSA overtime violations. Also, the contract administrator may refer the matter to the DOL for further review. I h- Com utations. If the payroll computations (hours worked times rate of pay) or extensions I (deductions, net pay) show frequent errors, the employer will be asked to take greater care_ Wage restitution may be required if underpayments resulted from the errors. 4 L Deductions. If there are any "Other" deductions that are not identified, or if employee authorization isn't provided, or if there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authorization or explain unusual deductions, as necessary. f 2-10 _ I j I } '.•�>^rr•'AI't: .y�i>. _ ;,[._�:;;al:s;[' cr[.,, .:��' 1 e� `s. ;1,"=>i�:4a ��, •a S�-I- �, r ;; �1�.'4,;�p•'�a i ,]. - e, -����'� �i�S I' t��,vi�`�la 5+its, rt _ f, r�'I'�1�', Jt �-,�c r fir- r1 ° i � � -�t�# t t r- •: � I ,- -,r- 1 ` �.-�.�vi �,.. " r 't.,.!trr t'-MYr";I� - (,,�?-.� [- } UQ loos'n:at enforce'or attempt to'•provide advice o�'em .loyer obligations to maKe deductions from employee earnirigs for taxes or Social Securifiy: Holm`zve`r; HUD'may refer to the IRS or other responsible agency copies of certified payroll reports that show wages paid in gross amounts (i.e., without tax deduction) for its review and appropriate action. j. Fringe benefits. If the wage decision contains fringe benefits'but the payroll does not indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the Statement of Compliance], the employer may be asked to submit correction certified payrolls and will be required to pay wage restitution,if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate on the wage decision (basic hourly rate plus the fringe benefit rate), no correction is necessary. k. Signature. If the payroll Statement of Compliance is not signed or is missing,the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the, Statement of Compliance is signed by a person who is not a principle of the firm and that person has not been.authorized by principle to sign, the employer wil[ be asked to provide an authorization or to resubmit the Statements) of Compliance bearing the signature of a principle or other authorized signatory. 1. On-site interview cornl2arisons. If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear on the payroll for the date of the interview), the employer will be asked to submit a correction certified payroll report. m. Correction certified payrolls Any and all changes to data on a submitted payroll report must be reported on a certified correction payroll. In no case will a payroll report be . returned to the prime contractor or employer for revision. 2-8 R ESTITUTION FOR UNDERPAYMENT OF WAGES. Where underpayments of wages have occurred, the employer will be required to pay wage restitution to tho'affected employees. Wage restitution must be paid promptly in the full amounts due, less permissible and authorized deductions. All wages paid to laborers and mechanics for work performed on the project, including wage restitution, must be reported on a certified payroll report. a. Notification to the EmployerlPrime contractor. The contract administrator will notify the employer and/or prime contractor in writing of any underpayments that are found during payroll or other reviews. The contract administrator will describe the underpayments and provide ins tructionsforcomputing and documenting the restitution to be paid.The employer/ prime contractor is allowed 30 days to correct the underpayments. Note that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. if the employer is-a subcontractor,the subcontractor will usually make the computations and restitution payments and furnish the required documentation through the prime contractor. 2-1 4• i i I ti - r' V�,The#6bntrac#taldmir s rafo may'communica'te`di"rectiy with ra`rsubcor�ttactor flert he .,< underpayments aie' lainly evidenf and ttie subcoiifractor is cooperative. It is best to ii ork through the prime contractor when the issues are complex, when there are signifidant underpayments and/or the subcontractor is not cooperative. In all cases, the subcontractor must ensure that the prime contractor receives a copy of the required corrective documentation. b. Computing wage restitution. Wage restitution is simply the difference between the wage i rate paid to each affected employee and the wage rate required on the wage decision for all hours worked where underpayments occurred. The difference in the wage rates is called the adjustment rate. The adjustment rate times the number of hours involved equals the gross amount of restitution due. You may also compute wage restitution by calculating the total amount of Davis-Bacon wages earned and subtracting the total amount of wages paid. The difference is the amount of back wages due. c. Correction certified payrolls. The employer will be required to report the restitution paid on a correction certified payroll. The correction payroll will reflect the period of time -for which restitution is due (for example, Payrolls #1 through #6; or a beginning date and ending date). The correction payroll will list each employee to whom restitution is due and their work classification; the total number of work hours involved (daily hours are usually not applicable for wage restitution); the adjustment wage rate (the difference between the required wage rate and the wage rate paid); the gross amount of restitution due; deductions and the net amount actually paid. Aproperly signed Statement of Compliance must accompany the correction payroll. -, ^FSi � tit:h5`;-:�}::E..;Ya7 ,,_ i. _ �-_ _ �:.' _ i-- _ - _t.`+'^,'".:a.,. - -.- -r- .' .- .. _".,•-;, eti - HUD no longer requires the signature of the employee on the correction payroll to evidence employee receipt of restitution payment. In addition, except in the most extraordinary cases, HUD no longer requires employers to submit copies of restitution checks (certified, cashiers, canceled or other), or employee-signed receipts or waivers. d. Review of correction CPR. The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contractor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a correction certified payroll within 30 days. e. Unfound workers. Sometimes, wage restitution cannot be paid to an affected employee i because, for example, the employee has moved and can't be located. After wage restitution has been paid to all of the workers who could be located, the employer must submit a list of any workers who could not be found and paid (i.e., unfound workers) providing their names, Social Security Numbers, last known addresses and the gross amount due, In such cases, at the end of the project the prime contractor will be required 2-1 5 to place in a deposit or escrow account an amount equal to the total gross amount of restitution that could not be paid because the employee(s) could not be located. The contract administrator will continue attempts to locate the unfound workers for 3 years after the completion of the project. After 3 years, any amount remaining in the account for unfound workers will be credited and/or forwarded by the contract administrator to HUD. I i 2-1 6 I I i CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE REVIEWS, WITHHOLDING, DEPOSIT'S AND ESCROW ACCOUNTS, AND SANCTIONS WHAT HAPPENS WHEN THINGS GO WRONG? i 3-1 I!NTRODUCTION. Even in the best of circumstances, things can go wrong. In a Davis-Bacon context, "things going wrong" usually means there's a difference of opinion or a dispute about whether and to what extent underpayments have occurred. These disputes are usually between the contract administrator and one or more employers (the prime contractor and/ or a subcontractor). The dispute may involve something simple such as an additional F classification request that is pending before the DOL; or something as significant as investigative findings following a complaint of underpayment. This chapter discusses some of what you may expect and what you can do to make your views known and to s lessen any delays in resolving the problem or issue. } 3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES. As mentioned in the Introduction above, a dispute about labor standards and compliance can arise for a number of reasons. The labor standards clauses in your contract and DOL f regulations provide for administrative review of issues where there is a difference of views 1 between the contract administrator and any employer. The most common circumstances include: a. Additional Classifications and wage rates. Additional classification and wage rate requests are sometimes denied by the DOL. An employer that is dissatisfied with the denial can request reconsideration by the DOL Wage and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer will be required to pay any I additional wages that may be necessary to satisfy the wage rate that is established. r I Eeconsideration The DOL normally identifies the reasons for denial in its response to the request. Any interested person (tor example, the contract administrator, employer, representatives of the employees) may request reconsideration of the decision on the additional classification request. The request for reconsideration must be made in writing and must thoroughly address the denial reasons identified by the DOL. Employer requests for ' reconsideration should be made through the contract administrator but may be made directly to the DOL. (See 2-2(d), and,also DOL Regulations 29 CFR I 1.8.) All requests initiated by or made through the contract administrator or HUD ` must be submitted through the HUD Headquarters Office of Labor Relations. t 3-1 i 2. Administrative Review Board. Any interested party may request a review of the Administrator's decision on reconsideration by the DOL's Administrative Review I Board. DOL regulations 29 CFR Part 7 explain the procedures for such reviews. (See also 29 CFR 1.9.) b. Findings of underpayment. Compliance reviews and other follow-up enforcement actions may result in findings of underpayment. The primary goal in every case and at every step in this process is to reach agreements about who may have been underpaid and how much wage restitution may be due and, of course, to promptly deliver restitution to any underpaid workers. The contract administrator will usually work informally with you to reach such agreements. You will have an opportunity to provide additional information to the contract administrator that may explain apparent inconsistencies and/or resolve the discrepancies. If informal exchanges do not result in agreement, the final determination and schedule of back wages due will be presented to you in writing and you will be permitted 30 days in which to correct the underpayment(s) or to request a hearing on the matter before the DOL. The request for hearing must be made in writing through the contract administrator and must explain what findings are in dispute and the reasons. In such cases, HUD is required to submit a report to DOL for review and further consideration. All requests for DOL hearing must be submitted through the-HUD Headquarters Office of Labor Relations. 1. DOL review. The DOL will review the contract administrator's report and the arguments against the findings presented in the hearing request. The DOL may affirm or modify the findings based upon the materials presented. You will be notified in writing by the DOL of the results of its review. If DOL concludes that violations have occurred, you will be given an opportunity to correct any underpayments or to request a hearing before a DOL Administrative Law Judge (ALJ). (See DOL Regulations 29 CFR 5.11 (b)and 29 CFR Part 5, Rules of Practice forAdministrative Proceedings.) 2. Administrative Review Board. Contractors and/or subcontractors may request a review by the Administrative Review Board of the decision(s) rendered by the DOL ALJ in the administrative hearing process. See-DOL regulations 29 CFR Part 7 for more information about this proceeding. 3-3 WITHHOLDING, The contract administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are believed to be due and unpaid, for example, if wage underpayments or other violations are not corrected within 30 days after written notification to the prime contractor. DOL may also direct the withholding of contract payments for alleged wage underpayments. Withholding is considered to be serious and is not taken unless warranted. if withholding is deemed necessary, you will be notified in writing. Only the amounts needed to meet the contractor's (and/or subcontractors') liability shall be withheld. 3-2 I I i 34 DEPOSITS AND ESCROWS. ' In- every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final payments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these ' cases,we allow projects to proceed to final closing and final payments provided the prime contractor deposits an amount equal to the potential liability for wage restitution and a liquidated damages, if necessary, in a special account. The deposit or escrow account is ' controlled by the contract administrator. When a final decision is rendered, the contract administrator makes disbursements from the account in accordance with the decision. Deposit/escrow accounts are established for one or more of the following reasons: {,.'n' l _ �,ys_ - f - Ren iember;the prime contractor is Fes ponsiblaandwill be-held liablefor6yWage restitution that is due to any worker employed in the construction of the project, including workers employed-by subcontractors and-any lower--tier subcontractors. See 1-4, Responsibility -,.of the Principal Contractor; and:2-8, Restitution for.Underpayment ofWages. 1 .'s :i-3•' _ _ il:i`{?� :':��_:r. �4:. ;�},x f,a�.t-_`,k'#ii_>c€s#�E •°(r_�--'�'*r.i,sa.�:''s.'"'"��3 ='�;.}Kk�i� s� < .t� r ,zfin"'i. - ;�j�:f#'., r :: .?4`;; .:r. .�}w°� .F�.. 1� !-.�� rF"i'.rE�.f r t:x!:. '-:th�tL•.� ,._ ..tiL-_:aE.ab. ::..,.r�-'.1' _ s,+•,. a. Where the parties have agreed to amounts of wage restitution that are due but the employer hasn't furnished evidence yet that all of the underpaid workers have received their back wages, e.g_, some of the workers have moved and could not be located. The amount of the deposit is equal to the total gross amount of restitution due to workers lacking payment evidence. As these workers are paid and proper documentation is provided to the contract administrator, amounts corresponding to the documented payments are returned to the depositor_Amounts for any workers who cannot be located are held in the deposit/escrow account for three years and.disposed as described in 2-8(f) of this Guide. j b. Where underpayments are suspected or alleged and an investigation has not yet been completed. The deposit is equal to the amount ofwage restitution and any liquidated damages, if applicable, that are estimated to be due. If the final determination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor. If the parties agree to the investigative findings, the amounts due to the workers will be paid by the employer. As these workers are paid and proper documentation is provided to the contract administrator,the gross amounts corresponding to the documented payments are returned to the depositor. 1. If the employer is unable to make the payments to the workers, e.g., lacks the funds necessary, the contract administrator may make disbursements directly to i the workers in the net amounts calculated by the employer. The amounts withheld from the workers for tax deduction will be returned to the employer as payments to workers are made. The employer shall be responsible for reporting and transmitting withholdings to the appropriate agencies. 3-3 4 2. If the employer is not cooperating in the resolution, the contract administrator shall make disbursements to the workers in accordance with the schedule of wages due. Amounts for unfound workers will be retained'as described above (See 2-8(f and 3-4(a)). If the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in 34(c), below. -- -5 17 w-, l - ----ri- .'-5�k`� yv, -t5 ':} M3 ?,`'.Y• ;��t .-�i ,•�a ,�uki,p,' rXa RemeMber;lfyou haveanyi�uestioh" orrieod assistance concerning laborstaridards requirements help is always available. Contact the contract administrator for the project you're working on or the HUD, Field Labor Relations staff in your area. c. Where the parties are waiting for the outcome of an administrative hearing that has been or will be requested contesting a final determination of images due. The deposit shall be equal to the amount of wage restitution and liquidated damages, if applicable, that have been determined due. Once a final decision is rendered, disbursements from the escrow account are made in accordance with the decision. 3-5 ADMINISTRATIVE SANCTIONS. Contractors and/or subcontractors that violate the labor standards provisions may face administrative sanctions imposed by HUD and/or DOL. a. DOL debarment. Contractors andlor subcontractors that are found by the Secretary of Labor to be in aggravated or willful violation of the labor standards provisions of the Davis-Bacon and Related Acts (DBRA) will be ineligible (debarred) to participate in any DBRA or Davis Bacon Act contracts for up to 3 yea.rs. Debarment includes the contractor or subcontractor 'and any firm, corporation, partnership or association in which the contractor or subcontractor has a substantial interest. Debarment proceedings can be recommended by the contract administrator or can be initiated by the DOL. Debarment proceedings are described in DOL regulations 29 CFR 5.12. b. HUD sanctions, HUD sanctions may include Limited Denials of Participation (LDPs), debarments and suspensions. 1. Limited Denial of Participation. HUD may issue to the employer a limited denial of participation (LDP) which prohibits the employer from further participation in HUD programs for a period up to one year. The LDP is usually effective for the HUD program in which the violation occurred and for the geographic jurisdiction of the issuing HUD Office, HUD regulations concerning LDP's are found at 24 CFR 24.700-24.714, 3-4 i f I I r 2. Debarment and sus pensions. In certain circumstances, HUD may initiate its own debarment or suspension proceedings against a contractor and/or subcontractor in connection with improper actions regarding Davis-Bacon obligations. For example, HUD may initiate debarment where a contractor has been convicted for making false statements (such as false statements on certified payrolls or other prevailing wage certifications) or may initiate suspension where a contractor has E been indicted for making false statements. HUD regulations concerning debarment and suspension are found at 24 CFR Part 24. 5 _ - 1 3-6 FALSIFICATION OF CERTIFIED PAYROLL DEPORTS. Contractors and/or subcontractors that are found to have willfully falsified payroll reports (Statements of Compliance), including correction certified payroll reports, may be subject to civil or criminal prosecution. Penalties may be imposed of$1,000 and/or one year in prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code). _ - f.TY•L:Ys:'tA'- _ .•i}r-�s:; -I c`.-_ i;r P- - ::Ya'= ):Ci - ":'3.+jr'YYtx z!YJ.' r.f.". _ i`•1:- - - ,;4- .J=` -F �-` l.-1 _3 r!'- •'k[i -_h�;t✓ - 2=l ':;E:' i:� •s r- - .Yr.;` ':� I ty_' _ Y".._ - - _su;�r,,.3::.�..�;:• c...`�.,,, `" ___.. ::Y-. ='ek-. .i4,�r�:ksS::f.. _ _ i"`Fci,'I`- a.L:-"�. 'i� - .l:',,f-,_5i�. .?':'[ I !�_ti:. - ""_:_�• • - �zlv.:'s..: !}�. .i:-:.'::'. .:':� :.... y... .....".-? -.. .. '.•+ .. .t:...... s _�.'__ _1: ;i- :' i.Y.`5..- -r._:3.:-1"r:.v-' Remember,if you have any questions or need assistance concerninglaborstandards requirements help is always available. Contact the contract administrator for the project you're working on or the HUD Field Labor Relations staff in your area, I L J{ I J I 1 I +y1 C 3-5 i I � I ACRONYMS AND SYMBOLS -- ."r.3"' �.f:�<k��f�tx;..:i..,risa- `�1...1h.,. .3-[� -'=.T:�F�,r: - - jz - •�'•Ftr! " S^> },. _ I _,y::,_.ti''��:�,rt,,_na:SS,: _...I:�i�,-,_f•' �� - ..5:::.:.�:"I .1'<. _3i-f'Awn, f�' �� .. .:.C._i :.l �s.1:� :.. .. .}. 7-,-. i��fl r� �fel. (:, v5•- - tr;'.L3. 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'''•x� ^r"ri"c�l".�:_"'�' - -'I�"' .a,";"��'�� 14 _ �zs;!r -I! 6 �:";5•ya!'f ,�, lu' t.�P�I�IU, 'rl � , 1 LCA- Local Contracting Agency Orr - Overtime ral�4iri' INN,u� t3�-'. �9. . _Y.,��. . a ���s.13iL :` ;�t+p�•�� SR M Straight-time 's�=1f v _ -.•4�:- I :�n'!k &' r,rent�c ship Gol�r4p...... { TDHE - Tribally-Designated Housing Entity pm_ I?,y •��YF �� ��• �I (- Paragraph A-I 3 DAVIS-BACON - RELATED WEB SITES HUD Office of Labor Relations: www.hud.gov/offices/olr HUD Regulations: http://www.gpo.gov/fdsys/browselcoflectionCfr.action?collection00de=CFR HUDCIips (HUD Forms and Publications): www.hud.gov/offices/adm/hudclips/index.ofm DOL Davis-Bacon and Related Acts Homepage: http,/Iwww.dol.govlwhd/contraGts/dbFa.htm DOL Regulations: http://www,gpo.gov/fdsys/browse/collectionCfr.action?collectio nCode=CFR Davis-Bacon Wage Decisions: www.wdol.gov DOL Forms: ww'w.doI.gov/whdlprograms/dbra/forms.htm *Web addresses active as of January 2012 A-2 I I _ I U.S. Department of Housing Project Wage Rafe Sheet and Urban Development t Office of Labor Relations Project Name: Wage Decision NumberlModification Number: Project Number: Project County. - `--�-�r:�,r- - _G:_C-•� - _.I - p;;t!sar: +'�^I _�C{•%5,•1 l:F'P,1:'.L'eIL'e, y.�,,a� .�.. .Y�-" - -.ran- - -'•=4P -.t.. a-.1,'S go... .,.c-�' -- t - _ .l-i0 ur1]I s - i # +•; �HOUrI]r-55 "- r�-yr �'r'��.f�i�s C)faSSJ1ICat10I1 �E S 38erliis Y� Ra#e(B�{R r �,� Wageiate B�nef[t5 � ..t 4`-x r a�.p+ i � :r c _,I {1�a F� �,:sr�cv��x} �h{a>. .�`?.�21:��7x�ra�� r.Y...:3:?�. `�.�yv:• � Bricklayers $ Y Gf° #f �IR �, , ataWage Carpenters $ $ Cement Masons $ $ 4 Drywall Hangers $ $ 3 Electricians $ $ Iran Workers $ $ y Painters Ope�atos Fringe6_ ieff§ r:, T{ $ = =ter? ,a:>`a_ r ijl s€' 1 Plumbers $ Roofers $ $ 2 Sheet Metal Workers $ $ Soft Floor Workers $ $ Tapers $ $ Tile Setters tuclDrirs Friiie�er1e #sY $ 'C1,th��,Classlflcat[c��ls _�3Cro�5�# } f BHR,.I,C,1`ota .-g, $ ,.rc:a:!r .=,rr.= a�a'':4 ae�:�:;r - <:�r I § ==1`; �'L.... 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II � i-F $ 1 A-3 � f E 1 CAS yj� ' Eu o❑ d--�.'g d 7 Q� M' join wa C - Ego q Hto �sx tin; s� Q . � m �o d_ �: 4 „ate LL HAT SE 0 U Otis !° m ri all `� _�� � 3 A-4 - - i i 1 i i ` Q tl� x', E 2 p rr � w >a � yy kar 9 to f ate. m � w r uj 13 lip� d W • � u � � �a 1rr�1,��yyr � q�ny ZtdA M12 Fife C ga f��• •�y�v a c7 N o N E 4 g6��s t �� c9 }u't��i SSSJJJ � 8 t6•--`� EP w 11.4 Ad �Q N A4 ti f' a 4' - tea, � A. � U ra 'I �ors A-5 i I i E Section 3 Summary ary kepalrt U.S.Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp.IV3012010) j Low--and Very Low-income Persons Office of Fair Rousing And Equal Opportunity HU0 Field Office:NIA Section backorpage for Publle Reporting Burden slalemenl 1_Recipient Name&Address: (street,city,stale,zip) 2.Federal Identification: (grant no,)N/n 3,Total Amounl ofAward: !�E !"� Contract Amount Company's Info Here 4.Contact Pumon 5.Phomr (tnclude area code) Whada you wear to answer quasitons about thisfarm Box 4's phone number 6.Length of Grant: 7.Reporting Period: Length of Contract See email comments 8.Date Report Submiltod; 9.program Code: (Use zoparato shoat 10. Program Narna: for each program code) C D B G 7 Part!: Em io ment and Training '°Columns B,C and F are mandatory fields. Include New Hifes in E& A 13 C D E F Numberef Number of Now %ofAggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Stall Hours of Now Flires forSedlon 3 Employees Trainees Sec.3 Residents that are Bar,3 Residents and Trainees Professionals 0 0 0 0 0. Technicians . o 0 0 0 0 OfficelCleriea!: ,0. 0 Construction by Trade(List) 0 0 0 0 0 Trade Trade 0 0 :0 ' Trade 0 0 0 0 0 Trade 0 0 0 :0 Q Trade 0 0 0 0 0 Other• Lisl 0 0. 0 0 Q i 1 S - . Q. 0 Total 1 tl . S 'Program Codes 3=Pu611dlndtan Housing 4=Homeless Assistance 8�CDSG Stale Administered 1=Flexible.Subsidy A�Development, 5=HOME 9�OlherCD Programs 2=Section 20214111 a=Operation 6=HOME Stale Administered 10=Other Housing Programs C=Modamtzellon 7=GDBG EnliUement r i Page 1 of 2 form HUD 60082(612001) Ref 24 CFR 135 i k i Part[[: Gontracts Awarded 1. Construction contracts: Please list all subs you've contracted with for construction work for more than$100,000 here A. Total dollar amount of all contracts awarded on the project N/A $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the projectfactivity $ N/A B. Total dollar amount of non-construction centracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Seclion 3 businesses receiving non-construction contracts Part Ill: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs,to the greatest extent feasible,toward low and very low-income persons,particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods. Pardelpated in a HUD program or other program which promotes the training or employment of Suction 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other;describe below. If you answered N/A on the Part ill:Summary or did not meet the Section 3 hiring goals to Part 1:Employment and Training,please explain why here. Public reporting for this collection of information is estimated to average 2 hours per response,Including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completIng and reviewing the collection of information. This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1958,as amended,12 U.S.C.1701u,mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low-and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The Information will be uaed by the Department to monitor program recipients'compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD In meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiaiity is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative;personal identifying Information is not Included. Pare 2 of 2 form HUD 50002(1112010) Rof 24 CPR 135 I i F Form HUD-60002,Section 3 Summary Repart,Economic Opportunities for Low-and Very Low-income persons. r Instructions: This form is to be used to repot!annual B. Program Cade: Enter the appropriate program code as listed at accomplishments regarding employment and other economic the bottom of the page. opportunities provided to low-and very low-income persons under 9• Program Name: Enter the name of HUD Program corresponding Section 3 of the Housing and Urban Development Act of 1968. The with the"Program Code'in number a• Section 3 regulations apply to any public and Indian housing programs that receive: (i)development assistance pursuant to Part I: Employment and Training Opportunities Section 6 of the U.S.Housing Act of 1937;(2)operating assistance Column A: Contains various jab categories. Professionals are pursuant to Section 9 of the U.S.Housing Act of 1937;or(3) defined as people who have special knowledge of an occupation(i.e• modernization grants pursuant to Section 14 of the U.S.Housing Act supervisors,architects,surveyors,planners,and computer of 1937 and to recipients of housing and community development programmers), For construction positions,list each trade and provide assistance In excess of$200,000 expended for: (1)housing data in columns B through F for each trade where persons were rehabilitation(including redacilon and abatement of lead-based paint employed. The category of"Other"Includes occupations such as i hazards);(2)housing construction;or(3)other public construction service workers. projects;and to contracts and subcontracts in excess of$100,000 Column B: (Mandatory Field) Enter the number of new hires for awarded in connection with the Seel€on-3-covered activity- each category of workers identified In Column A in connection with Form HUD-60002 has three parts,which are to be completed for ibis award. Now hire refers to a person who is not on the contractor's all programs covered by Section 3. Part I relates to employment or recipient's payroll for employment at the time of selection for the and training.The recipient has the option to determine numerical Section 3 covered award or at the time of receipt of Sectfon 3 covered employment/training goals e€theron the basis of the number of hours assistance. worked by new hires(columns B,D,E and F). Part 11 of the form Column C: (Mandatory Field) Enter the number or Section 3 new relates to contracting,and Part€Ii summarizes recipients'efforts to hires for each category of workers identified in Column A in complywith Section 3, connection with this award, Section 3 now hire refers to a Section 3 Recipients or contractors subject to Section 3 requirements most resident who is not on the contractor's or recipient's payroll for maintain appropriate documentation to establish that HUD financial employment at the time of selection for the Section 3 covered award or assistance for housing and community development programs were at the time or receipt of Section 3 covered assistance. directed toward low and very low-income persons.' A recipient of Column D: Enter the percentage of all the staff hours or new hires Section 3 covered assistance shall submit one copy of this report to (Section 3 residents)in connection with this award. 1 HUD Headquarters,Office of Fair Housing and Equal Opportunity. Column E: Enter the percentage of the total staff hours worked for Where the program providing assistance requires an annual Section 3 employees and trainees(including new hires)connected performance report,this Section 3 report is to be submitted at the with this award. Include staff hours for part-time and full-time same time the program performance report is submitted, Where an positions. annual performance report is not required,this Section 3 report is to be Column F: (Mandatory Field) Enter the number of Section 3 submitted by January 10 and,If the project ends before December 31, residents that were trained in connection with this award. within 10 days of project completion. Only Prime Recipients are Part II: Contract Opportunities t requfred to report to HUD. The report must inctrrde Block 1: Construction Contracts accomplishments of all recipients and their Sections covered Item A: Enter the total dollar amount of all contracts awarded on the contractors and subcontractors, projecliprogram. HUD Field Office: Enter the Field Office name, Item B: Enter the total dollar amount of contracts connected with this 1. Recipient: Enter the name and address of the recipient project/program that were awarded to Section 3 businesses- • submitting this report. Itam C: Enter the percentage of the total dollar amount of contracts 2. Federal ldenlification: Enter the number that appears on the connected with this project/program awarded to Section 3 businesses• award form(with dashes). The award may be a grant, Item D: Enter the number of Section 3 businesses receiving awards. cooperative agreement or contract- Block 2: Non-Conslmction Contracts 3- Dollar Amount of Award: Enter the dollar amount,rounded to the Item A: Enter the total dollar amount of all contracts awarded on the nearest dollar,received by the recipient. project/program, 4&5. Contact PersoniPhone: Enter the name and telephone number Item B: Enter the total dollar amount of contracts connected with this of the person with knowledge of the award and the recipient's project awarded to Section 3 businesses• implementation of Section 3, Ifem C: Enter the percentage of tho total dollar amount of contracts 6, Reporting Period: Indicate the time period(months and year) connected with this projeetfprogram awarded to Section 3 businesses, j this report covers. Item D: Enter the number of Section 3 businesses receiving awards. i 7. Elate Report Submitted: Enter the appropriate date. Part Ill: Summary of Efforts—Self-explanatory I I Submit one(1)copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity,at the same time the The Secretary may establish income callings higher or lower than 80 percent performance report Is submitted to the program office. The Section 3 of the median for the area on the basis of the Secretary's findings such that report is submitted by January 10. Include only contracts executed variations are necessary because of prevailing lovefc of construction costs i during the period specif€ed in item 8. PHAsIIHAs are to report all or unusually high-or low-income families, Very low•fncome persons mean contmctsisubcontracts. low-income families(Including single persons)whose incomes do not exceed bo percent or the median family Income area,as determined by the The terms"low-income persons"and very low-income persons"have Secrelary with adjustments or smaller and larger families,except that the the same meanings given the terms in section 3(b)(2)of the United Secretary may establish Income coilings higher or lower than 50 percent of Slates Housing Act of 1937. Low-income persons mean families the median for the area on the basis of the Secretary's findings that such 1 (including single persons)whose incomes do not exceed 80 percent or variations are necessary because of unusually high or low family incomes, the median Income forthe area,as determined by the Secretary,with adjustments for smaller and larger families,except that t ii i { Page I farm HUD ai=(iiPM0) ` Ref24 CFR 135 F 4 ' - 4 FY 2018 Income Limits Documentation.System-- Summary for Tarrant County,Texas Page 1 of 2 { KI FY 2018 INCOME LIMITS DOCUMENTATION SYSTEM HMLYEEE9 HUD•gov HUD User Hame Data Sets Fair Market Rents Section 8 Income Limits MTSP Income Limit HUD LIHTC Database FY 2018 Income Limits Summary i Selecting any of the buttons labeled "Explanation" will display detailed calculation steps for each of the various parameters, Median FY 2018 FY 2018 Persons in Family Family Income Income Income Limit Limit Area r -.-. ---.-- 1 Category t 2 3 4 5 6 7 8 ` Explanation J l Very Low (50%) Income 26,350 30,100 33,850 87,600 40,650 43,650 46,650 49,650 ` Limits {$) Explanation l Fort Worth- Extremely Arlington, $75,200 Low Income TX HUD Limits ($)* 15,800 18,050 20,780 25,100 29,420 33,740 38,060 42,380 Metro FMR Area E x planation l - - 1 Low (80%) Income Limits ($) 42,150 48,150 54,150 60,150 65,000 69,800 74,600 79,400 ( Explanation J j MOTE., Tarrant County Is part of the Fort Worth-Arlington,TX HUD Metro FMR Area, so all information presented here applies to all of the Fort Worth-Arlington, TX HUD Metro FMR Area. HUD generally uses the Office of Management and Budget (OMB) area definitions in the calculation of income limit program parameters. However, to ensure that program parameters do not vary significantly due to area definition changes, HUD has used custom geographic definitions for the Fort Worth-Arlington,TX HUD Metro FMR Area, The Fort Worth-Arlington, TX HUD Metro FMR Area contains the following areas: Johnson County,TX; Parker County, TX; and Tarrant County, TX. *The FY 2014 Consolidated Appropriations Act changed the definition of extremely low-income to be the greater of 30/50ths (60 percent) of the Section 8 very low-income limit or the poverty guideline as established by the Department of Health and Human_Services (HHS), provided that this amount is not greater than the Section 8 50% very low-income limit. Consequently, the extremely low income limits may equal the very low (50%) income limits. ,f Income Limit areas are based on FY 2018 Fair Market Rent (FMR) areas. For information on FMRs, please see our associated FY 2018 Fair Market Rent documentations stem. , 1 https://www.haduser.gov/portal/datasets/il/i12D18/20 8s-an2mazy.odn 9/12/201.8 ~ FY 2018Tonozoe Limits — ihzTa�:�� , Iosus �u��2of� | _--___-__-__'-._- --__''_-~ ��_' ~ � | | | | | | | | | | | / hUov: }O/%O18anozounzy/odu 9/13/2018 CITY OF FORT WORTH F PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 2 A.D. Marshall Public Safety & Municipal Courts Building ADA Ramp Request for Proposals Submittal Date.- October 25, 2018 (NO CHANGE) The Request for Proposals for the"Project"noted above is hereby revised and amended as follows: 1. A final site visit and walk-through will be held on Friday, October 19, 2018, from 9:30am to 'r 10:30arn. We will meet on the First Floor Entrance Lobby of the A.D. Marshall Public Safety & Municipal Courts Building located at 1000 Throckmorton Street, Fort Worth, Texas, 76102. 2. The Landscaping Plans remain as part of Part"A"scope of work. 3. Viper II Vapor Barrier is an acceptable substitute for the Section 07260—Under Slab Vapor Barrier--"Stego Wrap Vapor Barrier specified in the Construction Documents. 4. The following General Contractor is added to the Bidder List: Nathan Brinkley nbrinkleyP3iconctracting.com 3i Contracting 1111 W. Mockingbird Lane Suite 1050 Dallas, Texas 75247 214.231.0675 Tel 214.231.0672 Fax i I Acknowledge the receipt of this Addendum No. 2 on your Proposal. STEPHEN COOKE DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: i Brian Glass, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 I f RELEASE DATE: October 17, 2018 1 Addendum No.2 Page I of 1 ' A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp October 2018 i k i JtRT WORTHO CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT r ADDENDUM NO. 3 A.D. Marshall Public Safety & Municipal Courts Building ADA Ramp f Request for Proposals Submittal Date: October 25, 2018 (NO CHANGE) r The Request for Proposals for the"Project" noted above is hereby revised and amended as follows: 1. Clarification:The Prevailing Wages outlined in the Davis-Bacon Labor Standards shall apply to Part"A" including Alternates No. 1 and 2. 2. Per request from the Neighborhood Services Department who will manage the Davis-Bacon f requirements, the MWBE office is revising its MBE Goal requirements as follows: a. Interested bidders are not required to address the MBE goal on Part A—Ramp and Parking Court of the cast of construction for the base bid estimate of$500,000.00. I Therefore no sub-goal on this solicitation to address including the Alternates No. 1 and 2. b. Interested bidders must address the established MBE sub-goal of 15% on Part B— } Courtroom Remodel of the cost of construction for the base bid estimate of t $900,000.00. Additionally, the MBE sub-goal of 15% is not applicable to the Alternates No. i and 2. i 3. The following special considerations shall be taken during construction: a. The building must remain in operation during standard business hours. b. Contractor to coordinate construction activities so as not to disturb or interrupt t Courtroom activities. c. Two Courtrooms shall be remodeled in sequence. At least, three Courtrooms shall remain open at all times. d. For the interior remodel portion of work, CJIS compliance will be required for the selected General Contractor and his superintendent(s) including his Sub-Contractors. Two individuals that will be present at all times during construction from each Sub- Contractor/Trade shall be CJIS compliant. A list of all CJIS compliant personnel under the direction & supervision of the selected General Contractor shall be provided to the City of Fort Worth before the Notice to Proceed is issued. e. A construction office/room shall be provided to the selected General Contractor. y Contractor shall provide their own telephone & computer services. f. Staging Areas are very limited and shall be coordinated with City of Fort Worth. g. Delivery&storage of materials shall be limited to what will be used for the day and coordinated with the City of Fort Worth. Deliveries shall be coordinated with the City of Fort Worth. h. Special or Designated Parking for construction personnel is not available. i. Contractors shall be responsible for R.O.W. use permits including parking meter I closures. Addendum No.3 Page 2 of 2 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp October 2018 j. Contractor shall provide separate temporary sanitary facilities for its construction personnel. 4. Abatement will be done by the City of Fort Worth and shall be scheduled by &within the General Contractor's construction schedule. Allow a maximum of seven calendar days for abatement for each sequence of work. Asbestos Survey(s) is part of this Addendum No. 3. - (Attachment No. 1) 5. The Title Page of the "Instructions to Offerors" is revised to include a now PM project number, "PMD2018-16"and revised Title as noted on Attachment No. 2 (Attachment No. 2) 6. The Site Visits attendance list is part of this Addendum No. 3. Refer to Attachment No. 3 (Attachment No. 3) 7. The following General Contractor is added to the Bidder List: Nathan Brinkley nbrinkley03iconctracting.com 3i Contracting 1111 W. Mockingbird Lane Suite 1050 Dallas, Texas 75247 214.231.0675 Tel 214.231.0672 Fax Acknowledge the receipt of this Addendum No. 3 on your Proposal. STEPHEN COOKE DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: Brian Glass, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 RELEASE DATE: October 19, 2018 Addendum Na.3 Page 2 of 2 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp October 2018 r I Report of Industrial Hygiene and Safety Technology,Inc. A'nbun�Lan Ourga f ! 2235 Keller Way Prepared for: Carrollton, TX 75006 City of Fort Worth Phone: (972)478-7415 1000 Throckmorton Fax: (972)478-7615 Fort Worth, TX 76102 r http://www.ihst.com Leaders in Building Surveyed_ Quality, Service public Safety Building and Innovation i 1000 Throckmorton Street Fort Worth, TX (Public Safety Building-AG Marshall) E e r Report Date: Tuesday, February 20,2018 a i i. I i i Industrial Hygiene and Safety Technology, Inc. IHST Project Number.21836 C ©MIMP Ire INan, ' We Public Safety Building 1000 Throckmorton Street Fort Worth, TX (Public Safety Building-AG Marshall) Table of Contents 1.0 Introduction 3 2.0 Purpose and Scope �^ 3 3.0 Report Organization 3 4.0 Field Investigation 3 5.0 Sampling 4 5.1 Laboratory Analysis 4 5.2 Analytical Methods 5 5.3 Bulk Sample Results 5 6.0 Hazard Assessment 7 6.1 Hazard Assessment Ratings 7 6.2 _Asbestos-Containing Material Assessments 8 7.0 Hazard Assessment Summary 11 7A Response Actions 11 8.0 Qualifications 12 Appendices Appendix A: Site Drawings i Appendix B: Lab Results s Appendix C: Bulk Summary Report { Appendix D: Cost Estimate for Removal Appendix E: Photographs r x Comprehensive Asbestos Survey City of Fort Worth-Public Safety Building 1000 Throckmorton Street Page 2 of 12 Fort Worth,TX Industrial Hygiene and Safety Technology, Inc. IHST Project Number:21836 1.0 introduction This document is a report of a Comprehensive Asbestos Survey performed by Industrial Hygiene and Safety Technology, Inc.(IHST). IHST is licensed by the Texas Department of State Health Services (DSHS), formerly the Texas Department of Health, as an Asbestos Consultant Agency (DSHS License #10-0145. Figure 1 provides a description of the assessment described by this report. Figure 1. Comprehensive Asbestos Survey Profile Client Name: City of Fort Worth Facility/Campus Public Safety Building -AG Marshall Building: Public Safety Building 1000 Throckmorton Street Fort Worth, TX Survey Date(s): 11/27/2017 through 1/1 712 0 1 8 Inspector(s): Kris Girton-DSHS Asbestos Inspector License#60-3353 2.0 Purpose and Scope The purpose of this project was to locate, identify, and assess the condition of asbestos containing material (ACM) present at the subject building, and to develop recommendations based on existing and potential asbestos related hazards. The following scope of work was used during the asbestos assessment for the subject property: A. Collecting and analyzing bulk samples of suspected asbestos-containing materials. B. Quantification of the suspected asbestos-containing material. C, Approximate costs of abatement, to include abatement specifications, contractor selection, and on-site management during remediation activities. D. Provide an approximate time schedule for abatement procedures. E. Make recommendations based on survey data collected to implement an Operation and Maintenance (O&M) Program or abatement procedures. F. Preparing a report discussing the findings and remedial recommendations. 3.0 Repoe t ®rgani7ation This report is divided into sections which discuss the review of available documentation, field investigation, laboratory analysis, hazard assessments, and recommendations. Illustrations, such as tables and figures follow the text. Other supporting documentation, such as laboratory reports are also included. 4.0 Held Investigation The survey was conducted to determine the amount of asbestos-containing materials present in the subject building. The survey included an observation of accessible areas and unusual conditions-, and bulk sampling of suspected asbestos-containing materials. Bulk samples were collected of suspect materials and analyzed by Polarized Light Microscopy(PLM)with dispersion staining, in accordance with the Environmental Protection Agency's (EPA) Method for the Determination of Asbestos in Bulk Insulation Samples (Method 600/R-93/116). Percentage estimates are based on the analyst's best Comprehensive Asbestos Survey City of Fort Worth-Public Safety Building 1000 Throckmorton Street Page 3 of 12 �neusWl HRI—a" Fort Worth,TX W..Y bdeneIgAh, Industrial Hygiene and Safety Technology, Inc. IHST Project Number:21836 judgment following PLMIDS and examination with a stereoscope. Laboratory reports containing sample location and results are included with this report. The survey was designed to identify the presence of both friable and non-friable asbestos-containing materials present in the surveyed area. Friable means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure. Building materials suspected of containing asbestos were grouped into "Homogeneous"sampling areas. The homogeneous areas were defined based on uniform texture, color, and appearance. Additionally, homogeneous areas were further defined based on building construction date(s). Each of the items sampled were classified into one of three categories: 1.) Surfacing Material: A surfacing material is a building material which has been applied to a surface (i.e., walls or ceilings) or structural members. Examples of surfacing materials which may contain asbestos are: spray-applied fireproofing, spray-applied acoustical texture, and trowel-applied textured ceilings and walls. 2.) Thermal System Insulation: All types of insulation used on a building's mechanical system are classified into the category of thermal system insulation. Examples of thermal system materials which may contain asbestos are: boilers and related piping, or duct insulation. 3.) Miscellaneous: All remaining materials which do not fall into the two above categories are placed in the miscellaneous category. Examples of miscellaneous materials which may contain asbestos are: lay-in ceiling tile, floor tile, mastic adhesives and roofing felt. r An assessment was conducted for each building material sampled. The physical assessment consists of evaluating the condition of the suspect material and the potential for future disturbance. Recommendations made for a building material which contains asbestos are based on the assessments made by the inspector during the survey. The data developed during the asbestos survey $ is presented in the following sections of this report. Table 1 contains the Summary of Bulk Sample Analysis and Assessment and Table 2 contains the Cost Estimate Summary. Both tables present specific locations, results of additional asbestos analysis, 1 time schedules, and quantities of asbestos. These cost estimates are based on IHST's experience and a commercial estimates used by local abatement contractors. However, it should be noted that the cost estimates are not based on a written set of specifications or a confirmed scope of work, which can i affect the final contract cost. 5.0 Sampling i j Sampling during the field investigation included the collection of bulk samples of suspected asbestos containing materials, as listed in Table 1., Summary of Bulk Sample Analysis and Assessment. After sample recovery, samples were placed in secure containers, and the sampling vicinity was cleaned and sealed. Appropriate chain-of-custody protocols were initiated at that time to track handling of bulk samples. 1 5.1 Laboratory Analysis The samples were transported to and analyzed by the analytical laboratory specified in Figure 2., a successful participant in the Department of Commerce, National Institute of Standards and Technology's(NISI) National Voluntary Laboratory Accreditation Program and licensed by the Texas Department of State Health Services (DSHS), formerly the Texas Department of Health. Ten percent (10%) of the bulk samples were reanalyzed independently as part of the quality assurance and quality control programs. i Comprehensive Asbestos Survey City of Fort Worth-Public Safety Building 1000 Throckmorton Street Page A of 12 edH ,e,� Fort Worth,TX sahyTealuwlogy,ln. Industrial Hygiene and Safety Technology, Inc. IHST Project Number:21836 Figure 2. Bulk Sample Laboratory Profile Laboratory Name: Moody Labs DSHS License Number: #30-0084 NVLAP Lab 1D: #102056-0 Expires: 5/31/2018 5.2 Analytical Methods Bulk samples were analyzed by Polarized Light Microscopy(PLM). This technique characterizes the materials refractive indices, fiber morphology, birefringence, extinction angle, sign of elongation, and dispersion staining colors to detect asbestos. Percentage estimates are based on approximate area compositions under a stereo-microscope. 5.3 Bulk Sample Results The results of the sample analysis are presented in Table 1, and the laboratory analysis report is included as Appendix B. Figure 3. Materials with Asbestos Detected at 1% or Greater Matz Type Description Location * HVAC Mastic Gray Coating&Black Mastic on Cork Basement: Mechanical Room 4 Duct Insulation e Sheetrock Orange Peel Textured Sheetrock Walls Throughout Except Ground Floor Mastic Vx1'Pinhole Ceiling Tile And Mastic Various Areas Throughout-See Drawing ® Mastic 1'x1'Wormhole Ceiling Tile And Mastic Various Areas Throughout-See Drawing Flooring Matls 9"x9'Floor TilelMastic 2nd Floor: Room 217 Mastic 1'x'1 Smooth Ceiling Tile wl Brown Mastic 2nd Floor:Various Areas Throughout-See Drawing Flooring Matis Blue 12"xl2"Floor Tile/Mastic 3rd Floor: IT Room A Flooring Matls Dark Green 12"x12"Floor Tile/Mastic 5th Floor: Hallway 1 W PlasterSurf Plaster Walls/Ceilings 1st Floor F1 Flooring Matls Black Mastic Linder Carpet Square 5th Floor: Hall 2 Pipe Ins. Assumed ACM Pipe Insulation 2nd Floor Janitor Closet Figure 4. Materials with NO Asbestos Detected(Pursuant to EPA and DSHS Definition) Matz Type Description Location " Caulking Interior White Window Glaze Basement:Mechanical Room 1 ° Flooring Matls Brown 12"x12"Floor TilelMastic Basement:Offices 1 &2 " Flooring Matis Dark Brown 12"x12"Floor Tile/Mastic Basement: Storage 1 " Flooring Matis White/Green 12"x12"Floor Tile/Mastic Basement: Hallways&Storage 1 &2 Cove Base 4"Black Cove BaselMastic Basement:Office 2&Storage 1 &2 PlasterSurf Plaster WallslCellings Interior Perimeter Walls&Ceilings Throughout Except 1st&5th Floors " ACT 2'x4'Wormhole Ceiling Tile Various Areas Throughout Comprehensive Asbestos Survey City of Fort Worth-Public Safety Building 1000 Throckmorton Street Page 5 of 12 a�war r�r,.ana Fort Worth,TX s+rerrr cnnaie�y,rnc. Industrial Hygiene and Safety Technology,Inc. IHST Project Number:21836 ACT 2'x2'Wormhole Ceiling Tile And Mastic Various Areas Throughout Or ACT 1'x1'Non-Uniform Pinhole Ceiling Tile Various Areas Throughout f ■ Flooring Malls White/Brown 12"xi2"Floor Tiie/Mastic Various Areas Throughout ■ Mastic Carpet Square Mastic Various Areas Throughout-See Drawing ■ Cove Base 4"Green Cove BaselMastic Ground Level:.Various Areas Throughout f ® Flooring Malls Beige 12"xi 2"Floor Tile/Mastic Ground Level:Storage ® ACT 2'x4'Textured Ceiling Tile Various Areas Througout 1 ® Flooring Matls Gray 12"xi2"Floor Tile/Mastic Ground Level-Hallways&Offices ■ Flooring Matls White/Blue 12"xl2"Floor Tile/Mastic Ground level-Hallways&Cubicle Area ■ Flooring Matis Light Blue 12"xl2"Floor Tile/Mastic Ground Level-Hallways ■ Flooring Matis Light Brown 12"xl2"Floor Tile/Mastic Ground Level-Room 1 ■ ACT 2'x4'Smooth Ceiling Tile Side Fntry Lobby c ■ Cove Base 6"Gray Cove Base 1st Floor. Main Courtrooms&Hallway 6 R Cove Base 4"Gray Cove Base 1 st Floor: Hallway 2&Offices Next to Hallway e 2 Flooring Matls White 12"x12"Floor Tile/Mastic 1 st Floor.Vault&Workroom ■ Mastic White Duct Mastic 2nd Floor:HVAC Room ■ Flooring Malls Black 12"x12"Floor Tile/Mastic 2nd Floor:HVAC Room ■ Cove Base 4"Beige Cove Base/Mastic 2nd Floor:HVAC Room ± ■ Cove Base 4"Brown Cove Base/Mastic Various Areas Throughout ■ Flooring Matls Green 12'xi 2"Floor Tile/Mastic 4th Floor: IT Room Wall/CeilingCov 2'x4'Fiberglass Ceiling Tile 5th Floor: Rooms 502,503,505 ■ Flooring Matls Brown Pebble 12"xl2"Floor Tile/Mastic 5th Floor: Room 501 ■ Sheetrock Orange Peel Sheetrock/Joint Comound Ground Floor Walls t s { 1 Comprehensive Asbestos Survey City of Fort Worth-Public Safety Building 1000 Throckmorton Street Page 6 of 12 �51nec" ,d Fort Worth,TX bXey Te fim7ogy,ln. Industrial Hygiene and Safety Technology, Inc. IHST Project Number:21836 6.0 Hazard Assessment Asbestos is an airborne hazard. A hazard assessment refers to the process by which we evaluate a material's potential to release fibers into the air. Fibers may be released spontaneously as part of the aging process, or as a result of sudden impact, vibration, air movement, or localized deterioration. Assessing a material's potential for fiber release, and hence its associated hazard, is based upon evaluating the material's condition and potential for further disturbance, damage, or deterioration. 6.1 Hazard Assessment Rankings Any material identified as asbestos containing that exhibits damage, should be considered a hazard to anyone who works in the area. Typically, damage is classified as minor or significant. Minor damage is characterized by small cuts, tears, scuffs, small openings, or other limited disturbance to asbestos containing materials. Areas with minor damage represent varying degrees of hazards from slight to high depending on: *The nature of the damage; * Proximity to disturbers, such as airstreams; * Location with respect to building occupants; *Activity in the immediate area; and * Frequency of maintenance in the area. Significant damage is characterized by large openings, visible flaking, loose particles, and debris on surfaces below the material. Asbestos containing materials which exhibit significant damage are either high or critical hazards, depending upon accessibility. High hazards exist where significantly damaged materials are generally inaccessible; however, where significant damage is accessible, or in the vicinity of building occupants, there is a critical hazard. The recommended action for addressing asbestos related hazards depends upon the degree of hazard. For example: *An immediate hazard or critical assessment describes a situation in which the material is exposed and friable, accessible to personnel, and is disturbed releasing fibers in the air. In this situation, immediate action should be taken. At a minimum, the area should be isolated and access restricted. *A nigh assessment describes a situation in which the material is in poor condition, exposed and friable, with a potential for disturbance. In this case, interim controls should be instituted, and the material should be removed when practical. Repairs should be made to the ACM if abatement is not scheduled. *A medium or moderate assessment describes a situation in which a combination of the determining factors vary, such as a material that is in good condition but has a high asbestos content and is generally accessible. In situations like this, abatement can be scheduled with future building renovation or maintenance. *A low or slight assessment describes a situation in which the material is in good condition and has a low potential for disturbance, damage, or deterioration. In this situation, an O&M program is usually all that is needed. In general, those areas that are classified as critical or high damage should be abated. These are areas where a high probability of exposure could occur. Moderately damaged areas would require an Operations and Maintenance (O&M) Program to be instituted. In addition, these areas should be considered for abatement, or at the very least repaired. Comprehensive Asbestos Survey City of Fort Worth-Public Safety Building 1000 Throckmorton Street Page 7 of 12 ma.�a,Hrsre�ea Fort Worth,TX s�eU'r e�mav m. Industrial Hygiene and Safety Technology, Inc. IHST Project Number:21836 6.2 Asbestos-Containing material Assessments Figure 5 provides a summary of the asbestos identified during the survey, along with a hazard assessment for each type and condition of asbestos-containing material. Figure S. Hazard Assessments for Asbestos-Containing Materials Flooring Materials i Condition: Good, Friability: NF I, Disturbance Potential: Low The floor tile and mastic in good condition presents a low potential health hazard to building occupants due to its observed good condition and intact binding matrices. Prior to building demolition, renovation or work activities that would disturb these materials, removal must be performed by a properly trained and TDSHS-licensed abatement contractor. Prior to building demolition, removal of any damaged or significantly damaged floor tile and linoleum flooring should be performed by a properly trained and state-licensed abatement contractor. Currently, National Emission Standards for Hazard Air Pollutants (NESHAP) regulations allow Category I non-friable asbestos floor tile, sheet flooring and mastic in good condition, to be left in place during structural building demolition. Buildings subject to NESHAP regulations, require that wet demolition work be conducted with no visible emissions, and the presence of a "Competent Person" trained under the provisions of NESHAP to supervise the demolition work. The asbestos-containing materials should be placed in a management program and monitored until renovation or demolition activity occurs. i The preceding hazard assessment applies to the asbestos-containing materials listed below.- Area Fief# Homogeneous Area Description Quantity Location r 171 30 9"4'Floor Tile/Mastic 418 s.f. 2nd Floor: Room 217 r LJ 33 Blue 12"xl2"Floor Tile/Mastic 144 s.f. 3rd Floor: IT Room L3 35 Dark Green 12"x'l2"Floor Tile/Mastic 64 s.f. 5th Floor: Hallway 1 Id 40 Black Mastic Under Carpet Square 1061 s.f. 5th Floor: Hall 2 HVAC Duct Mastic (Non-Friable) Condition: Good, Friability: NF 11, Disturbance Potential: Low a The mastic on the HVAC pipe insulation and elbows in good condition presents a low poetential health hazard to building occupants due to its observed good condition and intact binding matrices. Priot to building demolition, renovation or work activities that would disturb these materials, removal must be performed by a TDSHS-licensed abatement contractor. The preceding hazard assessment applies to the asbestos-containing materials listed below: Area Ref# Homogeneous Area Description Quantity Location rl 02 Gray Coating&Black Mastic on Cork 84 s.f. Basement: Mechanical Room 4 i Duct Insulation Mastic for Misc Materials Condition: Good, Friability: NF 1, Disturbance Potential: Low The mastic in good condition presents a low potential health hazard to building occupants due Comprehensive Asbestos Survey City of Fort Worth-Public Safety Building 1000 Throckmorton Street Page 8 of 12 ` Alxyg Fort Worth,TX may: i.na a�a 8ahly TecAnalogy,Inu i Industrial Hygiene and Safety Technology, Inc. [HST Project Number:21836 Mastic for Nlrsc Materials to its observed good condition and intact binding matrices. Prior to building demolition, renovation or work activities that would disturb these materials, removal must be performed by a properly trained and TDSHS-ficonsed abatement contractor. The asbestos-containing materials should be placed in a management program and monitored until renovation or demolition activity occurs. The preceding hazard assessment applies to the asbestos-containing materials listed below: Area Ref# Homogeneous Area Description Quantity Location 1 10 VxV Pinhole Ceiling Tile And Mastic 12012 s.f. Various Areas Throughout-See Drawing [_1 11 Vx1'Wormhole Ceiling Tile And Mastic 7979 s.f. Various Areas Throughout-See Drawing 1 1 31 1Y1 Smooth Ceiling Tile wI Brown 1162 s.f. 2nd Floor:Various Areas Mastic Throughout-See Drawing Pipe Insulation Condition: Good, Friability: F, Disturbance Potential: Low The insulation was damaged and friable at the time of the survey and presents a moderate potential hazard. Prior to building demolition, renovation or work activities that would disturb these materials, removal must be performed by a properly trained and TDSHS-licensed abatement contractor, The preceding hazard assessment applies to the asbestos-containing materials listed below: Area Ref# Homogeneous Area Description Quantity Location 1. 41 Assumed ACM Pipe Insulation 101.f. 2nd Floor Janitor Closet Plaster and Surfacing Cements with Texture Condition: Good, Friability: NF II, Disturbance Potential: Low The piaster stucco finish compound and texture in good condition presents a low potential health hazard to building occupants due to its observed good condition and intact binding matrices. Prior to building demolition, renovation or work activities that would disturb these materials, removal must be performed by a properly trained and licensed abatement contractor. The preceding hazard assessment applies to the asbestos-containing materials listed below: Area Ref# Homogeneous Area Description Quantity Location FJ 38 Plaster WallsIGeilings 30826 s.f. 1 st Floor Note: Additional sampling may be warranted prior to abatement to confirm ACM texture as it was Sheetrock Wall or Ceiling Covering not found in all samples. Condition: Damaged, Friability: NF II, Disturbance Potential: Low Sheetrock wall and ceiling covering in good condition presents a low potential health hazard to building occupants due to its observed good condition and intact binding matrices. Prior to building demolition, renovation or work activities that would disturb these materials, removal must be performed by a properly trained and licensed abatement contractor. Comprehensive Asbestos Survey City of Fort Worth-Public Safety Building 1000 Throckmorton Street Page 9 of 12 Fort Worth,TX rnanr�nwoexm� Industrial Hygiene and Safety Technology, Inc. IHST Project Number:21836 Sheetrock Wall or Ceiling Coverings The preceding hazard assessment applies to the asbestos-containing materials listed below: Area Ref# Homogeneous Area Description Quantity Location 1l 08 Orange Feel Textured Sheetrock Walls 41056 s.f. Throughout Except Ground Floor I i I i r 1 1 i a I d Comprehensive Asbestos Survey City of Fort Worth-Public Safety Building 1000 Throckmorton Street Page 10 of 12 ae�w xy9 Cana Fort Worth,TX Salery T¢yhnplOA%!n4 Industrial Hygiene and Safety Technology, Inc. IHST Project Number:21836 7.0 "axalyd Assessment Summairy In the event other building materials are discovered in addition to the materials sampled in this survey, those building materials should be presumed to contain asbestos and treated as such until proven otherwise by PLM laboratory analysis. 7.1 Response Actions Asbestos Containing Materials The identified asbestos in the building should be removed by a Texas licensed asbestos abatement contractor prior to demolition or renovation activites which may disturb the material. 7.2 Explanation of Response Ratings Table 1 includes a response rating based on factors such as friability, accessibility, potential for disturbance, etc. Definitions for the response ratings are listed below: g = Material does not contain detectable amounts of asbestos and requires no asbestos-related abatement action. 1 = Material contains asbestos, was non-friable, and requires no abatement action unless sanded, abraded, drilled or otherwise disturbed. 2 = Material contains asbestos and was friable. Damage was not observed; no immediate abatement action is required. 3 = Material contains asbestos, was friable, and shows signs of localized damage with a potential for disturbance. 4 = Material contains friable asbestos and was significantly damaged. Comprehensive Asbestos Survey City of Fort Worth-Public Safety Building 1000 Throckmorton Street Page 11 of 12 Fort Worth,TX 8ak1yT cFmkBy;fnc. Industrial Hygiene and Safety Technology, Inc. IHST Project Number:21836 8.0 Qualifications Industrial Hygiene and Safety Technology, Inc. has attempted to observe the existing conditions within the aforementioned building utilizing generally accepted procedures. Regardless of the thoroughness of a survey, the possibility exists that some areas containing asbestos were overlooked, inaccessible or different from those at specific locations. Furthermore, renovation and/or construction may reveal altered conditions. This report describes only the conditions present at the time of the survey, in the areas surveyed. The recommendations presented apply to the conditions that were observed during the survey. IHST policies are to not perform destructive sampling unless previously authorized by the client. Therefore, IHST does not perform core sampling of roofing materials unless previously authorized and accompanied by the owner and/or his representative. Other conditions may exist in unsurveyed or ' inaccessible areas such as behind walls and above permanent ceilings. In addition, the conditions of asbestos-containing materials may change gradually or suddenly depending upon use, maintenance or accident. As a result, the recommendations presented should be periodically reviewed and updated. The quantity estimates presented in this report were based upon observations during the survey as well as information from building plans provided by the owner. While it is believed that the estimated quantities are reasonable, unanticipated conditions could be present in inaccessible or unsurveyed areas. Industrial Hygiene & Safety Technology, Inc. do not warrant or guarantee the quantity estimates. The use of such estimates shall be at the user's own risk and shall constitute a release and.agreement to defend and indemnify Industrial Hygiene &Safety Technology, Inc. from and h against any liability. If you have any questions or comments regarding the content of this report, I would be glad to discuss them at your convenience. Sincerely, 4 Kris Girton - DSHS Asbestos Inspector License#60-3353 i a Tracy K. Bramlett iPresident r DSHS Individual Asbestos Consultant License#10-5040 L 1 Comprehensive Asbestos Survey ' City of Fort Worth-Public Safety Building 1000 Throckmorton Street Page 12 of 12 Fort Worth,TX y SH.N,hma4riM. Industrial Hygiene and Safety Technology, Inc. IHST Project Number: 21836 s s i 1 i f i f ■ Asbestos Survey Appendix ! 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I , a L | � ] | \ ° ) < � \ \ a � / \ ; \ /\ / t \ \ L� < # \5 /( - � / //f/) 10 lu 3k |� • ../ # §2 [ { 5 \\ 7E 1 � }/ .| 0 | § \ /§� §( ] - } ] (± g & a § ] 2m -1� ®� } � Cl) fn | }\ � ( - E� ~ � j \\ \\ | `` [E §) ��® G � \ { m{ t [/ 0 \\ \g | � )\ | ] � [ r � ` � | S §i § � c- 5 � g g g enema � § « { ) 2 ~ $ 3 k ] 7 } t §§ - ƒ §§ ( ) / % /§ cu C)co §j J 6 > / <w �\ %/ t _ � ( 2§-k( \\\\ ) r 3 -3(L § ! at � \ §\ / 7 / � U.. \ / /) ; \ ) � \ ] � } _ § LU ! � � §\) ems z � � . § \( w� � \ ! f 4 m a * - 2 § ] \ m / » ; \ LL, 3$ &/ \ , m » ( k \§ i « 0 f f | \ m ) )} � 2 qm 0m Industrial Hygiene and Safety Technology, Inc, IHST Project Number: 21836 f r 1 i r a I 1 f Asbestos Survey Appendix City of Fort Worth-Public Safety Building 1000 Throckmorton Street j Fort Worth,TX ina�aa.txrsm.era � sar�renowen�. PLM Summary Report NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241--8460 f Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 r Project##: 21836 Sample Date:12/01/2017 Identification: Asbestos,Bulk Sample Analysis 1 Test Method : Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method 600/R-93/116 Page I of 12 On 12/4/2017,one hundred forty two(142)bulk material samples were submitted by Kristopher Girton of Industrial hygiene&Safety Technology for asbestos analysis by PLMIDS.The PLM Detail Report is attached;additional information may be Found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content FTW-120117-001 Interior Window Glaze(White), Mechanical Room, None Detected-Window Glazing Basement FTW-120117-002 Interior Winslow Glaze(White), Mechanical Room, None Detected-Window Glazing Basement FTW-120117-003 Interior Window Glaze(White), Mechanical Room, None Detected-Window Glazing Basement FTW-120117-004 Cork Duct Insulation with Mastic, Mechanical Room 4, 15%Chrysotile-Grey Coating Basement 15%Chrysotile-Mastic FTW-120117-005 Cork Duct Insulation with Mastic, Mechanical Room 4, 15%Chrysotile-Grey Coating t Basement None Detected-Cork Insulation 15%Chrysotile-Mastic FTW-120117-006 Cork Duct Insulation with Mastic, Mechanical Room 4, 15%Chrysotile- Grey Coating Basement None Detected-Cork Insulation 10%Chrysotile-Black Mastic FTW-120117-007 12" x 12" Floor Tile(Brown)/Mastic, Office 2, Basement None Detected-Floor Tile Norte Detected-Yellow Mastic FTW-120117-008 12" x 12"Floor Tile(Brown)/Mastic, Office 2, Basement None Detected-Floor Tile None Detected-YeIlow Mastic FTW-120117-009 12" x 12"Floor Tile(Brown)/Mastic, Office 1, Basement None Detected-Floor Tile None Detected-Yellow Mastic FTW-120117-010 12" x 12"Floor Tile(Dark Brown)/Mastic, Storage 1, None Detected-Floor Tile Basement None Detected-Yellow Mastic FTW-120117-011 12" x 12"Floor Tile(Dark Brown)/Mastic, Storage 1, None Detected-Floor Tile Basement None Detected-Yellow Mastic FTW-120117-012 12" x 12"Floor Tile(Dark Brown)/Mastic, Storage 1, None Detected-Floor Tile Basement None Detected-Yellow Mastic f L PL,M Summary Report NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 client: Industrial Hygiene&Safety Technology Lab Job No. : 1713-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Sample Date :12/0112017 Identification: Asbestos,Bulk Sample Analysis Test Method : Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method 600/R-93/ 116 Page 2 of 12 On 12/4/2017,one hundred forty two(142)bulk material samples were submitted by Kristophar Girton of Industrial Hygiene&Safety Technology for asbestos analysis by PLM/DS.The PLM Detail Report is attached;additional information may be found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content FTW--120117-013 12"x 12"Floor Tile(White I Green)I Mastic, Hall 4, None Detected-White Floor Tile Basement None Detected-Yellow Mastic None Detected-Green Floor Tile None Detected-YelIow Mastic FTW-120117-014 12"x 12"Floor Tile(White/Green)/Mastic, Hall 1, None Detected-White Floor Tile Basement None Detected-Yellow Mastic None Detected-Green Floor Tile None Detected-YeIlow Mastic FTW-120117-015 12"x 12"Floor Tile(White/Green)1 Mastic, Storage 2, None Detected-White Floor Tile Basement None Detected-Yellow Mastic None Detected--Green Floor Tile None Detected--YeIlow Mastic FTW-120117-016 4" Cove Base(Black)/Mastic, Storage 1, Basement None Detected-Cove Base None Detected-Yellow Mastic FTW-120117-017 4"Cove Base(Black)/Mastic, Storage 2, Basement None Detected-Cove Base None Detected-Yellow Mastic FTW-120117-018 4" Cove Base(Black)/Mastic, Office 2, Basement None Detected-Cove Base None Detected--Yellow Mastic FTW-120117--019 Plaster Walls/Ceilings, Office 2, Basement None Detected-Grey Plaster None Detected-White Plaster FTW-120117-020 Plaster Walls/Ceilings, Hall 3, Basement None Detected-Grey Plaster None Detected-White Plaster FTW-120117--021 Plaster Walls/Ceilings, Mechanical Room, Ground Level None Detected-Grey Plaster None Detected-White Plaster FTW--120117--022 Plaster Walls/Ceilings, Closet under Stairs, Ground None Detected-Grey Plaster Level None Detected-White Plaster FTW-1 20 1 17-023 Plaster Walls/Ceilings, Electrical Closet, First Floor None Detected-Grey Plaster None Detected-White Plaster 2%Chrysotile-Texture - -- PLM Summary Report NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B--14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 Project# : 21836 Sample Date:12/01/2017 4 Identification: Asbestos,Bulk Sample Analysis Test Method., Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method 600/R-93/ 116 Page 3 of 12 i i On 12/4/2017,one hundred forty two(142)bulk material samples were submitted by Kristopher Girton of Industrial Hygiene&Safety Technology for asbestos analysis by PLM/DS.The PLM Detail Report is attached;additional information may be found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content FTW-120117-024 PIaster Walls/Ceilings, Electrical Closet, First Floor None Detected-Grey Plaster None Detected-White Plaster 2%Chrysotile-Texture FTW-120117-025 Plaster Walls/Ceilings, Telephone Room, 2nd Floor None Detected-Grey Plaster None Detected-White Plaster FTW-120117-026 Plaster Walls/Ceilings, Telephone Room, 2nd Floor None Detected-Grey Plaster None Detected-White Piaster FTW-120117--027 Plaster Walls/CeiIings, Break Room Closet, 3rd Floor None Detected-Grey Plaster None Detected-White Plaster FTW-120117-028 PIaster Walls/Ceilings, Break Room Closet, 3rd Floor None Detected-Grey Plaster None Detected-White Plaster I FTW-120117-029 Plaster Walls I Ceilings, IT Room, 4th Floor None Detected-Grey Plaster None Detected-White Plaster FTW-120117-030 Plaster Walls/Ceilings, IT Room, 4th Floor None Detected-Grey Plaster None Detected-White Plaster F TW--120117-031 Plaster Walls/Ceilings, Stairwell, 5th Floor None Detected-Grey Plaster 1 None Detected-White Plaster { FTW--120117-032 Plaster Walls/Ceilings, Stairwell, 5th Floor None Detected-Grey Plaster None Detected-White Plaster 1 1 FTW-120117-033 Textured Sheetrock Walls(Orange Peel), Storage 4, None Detected--Drywall Material Basement 2%Chtysotile-Joint Compound 2%Chrysotile-Texture FTW-120117-034 Textured Sheetrock Walls(Orange Peel), Storage 2, None Detected-Drywall Material Basement 2%Cbrysotile-Joint Compound 2%Chrysotile-Texture I FTW-120117-035 Textured Sheetrock Walls(Orange Peel), Hall 2, Ground Norte Detected--Drywall Material Level None Detected-Joint Compound None Detected-Texture L ` PLM Summary Report NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No. 30-0084 Farmers Branch, TX 75234 Phone: (972) 241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Sit Worth Report Date : 12/07/2017 Project#: 21836 Sample Date :12/01/2017 Identification : Asbestos,Bulk Sample Analysis Test Method: Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA.Method 600 I R-93 1116 Page 4 of 12 On I214/20I7,one hundred forty two(142)bulk material samples were submitted by Kristopher Girton of Industrial Hygiene&Safety Technology for asbestos analysis by PLAIDS.The PLM Detail Report is attached;additional information may be found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content FTW-120117-036 Textured Sheetrock Walls(Orange Peel), Storage, Ground None Detected-Drywall Material Level None Detected-Joint Compound None Detected--Texture FTW-120117-037 Textured Sheetrock Walls(Orange Peel), HaI12, 1st Floor None Detected-Drywall Material 2%Chrysotile-Joint Compound 2%Chrysotile-Texture l I'W-120117-038 Textured Sheetrock Walls (Orange Peel), Hall 2, 1st Floor None Detected-Drywall Material 2% Chrysotile-Joint Compound 2%Chrysotile-Texture FTW-120117-039 Textured Sheetrock Walls(Orange Peel), HVAC Room, None Detected-Drywall Material 2nd Floor None Detected-Joint Compound None Detected-Texture FTW-120117-040 Textured Sheetrock Walls(Orange Peel), HVAC Room, None Detected-Drywall Material 2nd Floor None Detected-Joint Compound None Detected-Texture I I'W-120117-041 Textured Sheetrock Walls(Orange Peel), Telephone Room, None Detected-Drywall Material w 3rd Floor 2%Chrysotile-Texture FTW-120117-042 Textured Shectrock Walls(Orange Peel), Telephone Room, None Detected-Drywall Material 3rd Floor 2%Chrysotile--Texture FTW--120117-043 Textured Sheetrock Walls(Orange Peel), IT Room, 4th None Detected-Drywall Material Floor 2%Chrysotile-Joint Compound 2%Chrysotile--Texture FTW-120117-044 Textured Sheetrock Walls(Orange Peel), IT Room, 41h None Detected-Drywall Material Floor 2%Chrysotile-Joint Compound 2%Chrysotile-Texture FTW-120117--045 Textured Sheetrock Walls (Orange Peel), Room 505a, 5th None Detected-Drywall Material Floor 2%Chrysotile-Joint Compound 2%Chrysotile--Texture FTW-120117-046 Textured Sheetrock Walls(Orange Peel), Room 507, 5th None Detected-Drywall Material Floor 2%Chrysotile-Joint Compound 2%Chrysotile-Texture PLM Summary Report NVL"Lab Code 102056-0 2051 Valley View Lane '1DSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmoilon,Ft Worth Report Date : 12/07/2017 Project#: 21836 Sample Date :12/01/2017 Identification : Asbestos,Bulk Sample Analysis Test Method : Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method 600/R-93/116 Page 5 of 12 On 12/4/2017,one hundred forty two(142)bulk material samples were submitted by Kristopher Girton of Industrial Hygiene&Safety Technology for asbestos analysis by PLIV DS.The PLIVI Detail Report is attached;additional information may be found therein.The results are summarized below: f Sample Number Client Sample Description/Location Asbestos Content FTW-120117-047 2'x 4'Ceiling Tile(Worm Hole), Office 2, Basement None Detected--Acoustic Tile FTW-120117-048 2'x 4'Ceiling Tile(Worm Hole), Hall 1, Ground Level None Detected-Acoustic Tile a FTW--120117-049 2'x 4'Ceiling Tile(Worm Hole), Hall 1, 1st Floor None Detected-Acoustic Tile FTW-120117-050 2'x 4'Ceiling Tile(Worm Hole), Chief Judge Hall, 2nd None Detected-Acoustic Tile FIoor FTW--120117-051 2'x 4'Ceiling Tile(Worm HoIe), Copier,Fax,Printer and None Detected-Acoustic Tile Admin Supplies Hall, 3rd Floor r FTW-120117-052 2'x 4'Ceiling Tile(Worm Hole), T/PW Storm Water None Detected-Acoustic Tile Lobby, Ground Level FTW-120I 17-053 2'x 4'Ceiling Tile(Worm Hole), Community Service None Detected-Acoustic Tile Coordinators Lobby, Ground Lobby FTW--120117--054 P x 1'Ceiling Tile(Pinhole), Office 2, Basement None Detected-Ceiling Tile None Detected-Brown Mastic FTW-120117-055 1'x 1'Ceiling Tile(Pinhole), Side Entry Lobby, Ground None Detected-Ceiling Tile Level None Detected-Brown Mastic 1 FTW-120117-056 F x 1'Ceiling Tile(Pinhole), Hall 6, 1st Floor None Detected--Ceiling Tile 2%Chrysotile-Brown Mastic I FTW420117-057 1'x 1'Ceiling Tile(Pinhole), Room 203, 2nd FIoor None Detected-Ceiling Tile 1 2%Chrysotile--Brown Mastic FTW-120117-058 P x l'Ceiling Tile(Pinhole), Room 323, 3rd Floor None Detected-Ceiling Tile 2%Chrysotile-Brown Mastic FTW-1 20 1 17-05 9 P x 1'Ceiling Tile(Pinhole), IT Room, 4th Floor None Detected--Acoustic Tile 2%Chrysotile-Brown Mastic FTW-120117-060 1'x I'Ceiling Tile(Worm Hole), Hall 1, 2nd Floor None Detected-Acoustic Tile None Detected-Brown Mastic f d FTW-120117-061 P x 1'Ceiling Tile(Worm Hole), Hall 1, 2nd Floor None Detected-Acoustic Tile ` 2%Chrysotile--Brown Mastic ARL PLM Summary Report NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft:Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Sample Date :12/01/2017 Identification : Asbestos,Bulk Sample Analysis Test Method : Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method 600/R-93/ 116 Page 6 of 12 On 1 2/412 0 1 7,one hundred forty two(142)bulls material samples were submitted by Kristopher Girton of Industrial Hygiene&z Safety Teelmology for asbestos analysis by PLiVUDS.The PLM Detail Report is attached;additional information may be found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content FTW-120117-062 P x 1'Ceiling Tile(Worm Hole), Room 411A, 4th Floor None Detected-Acoustic Tile 2%Chrysotile-Brown Mastic FTW-120117-063 I'x 1'Ceiling Tile(Worm Hole), Hall 1, 4tb Floor None Detected-Acoustic Tile 2%Chrysotile-Brown Mastic FTW-120117-064 F x 1'Ceiling Tile(Worm HoIe), Hall 1, 4th Floor None Detected-Acoustic Tile 2%Chrysotile-Brown Mastic FTW-120117-065 2'x 2'Ceiling Tile(Worm Hole), Lobby, Basement None Detected-Acoustic Tile FTW--120117-066 2'x 2'Ceiling Tile(Worm Hole), Hall 3, Ground Level None Detected-Acoustic Tile FTW-120117-067 2'x 2'Ceiling Tile(Worm Hole), Hall 2, 1st Floor None Detected-Acoustic Tile FTW--120117-068 1'x 1'Ceiling Tile(Non-Uniform Pinhole), Office 2, None Detected-Acoustic Tile Basement None Detected-Brown Mastic FTW-120117-069 P x I'Ceiling Tile(Non-Uniform Pinhole), Telephone None Detected-Acoustic Tile Room, 1st Floor <I%Chrysolile-Brown Mastic FTW-120117-070 1'x 1'Ceiling Tile(Non-Uniform Pinhole), Break Room, None Detected-Acoustic Tile 3rd Floor <1%Chrysotile-Brown Mastic I-TW-120117-071 12" x 12"Floor Tile(White/Brown)/Mastic, Hall 3, None Detected-Floor Tile Ground Level None Detected-Yellow Mastic FTW-120117--072 12" x 12"Floor Tile(White/Brown)/Mastic, Hall 3, None Detected--Floor Tile Ground Level None Detected--Yellow Mastic FTW-120117-073 12" x 12"Floor Tile(White/Brown)/Mastic, Hall 3, None Detected-Floor Tile Ground Level None Detected-Yellow Mastic FTW-120117-074 Carpet Square Mastic, Hall 3, Ground Level None Detected-YeIlow Mastic FTW-120117-075 Carpet Square Mastic, Room 217, 2nd Floor None Detected-YeIlow Mastic FTW-12011.7-076 Carpet Square Mastic, Room 333, 3rd Floor None Detected-Yellow Mastic FTW-120117-077 4" Cove Base(Green)/Mastic, Hall 3, Ground Level None Detected-Cove Base None Detected-Cream Mastic .g PLM Summary Deport NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 t Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Tbrockmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Sample Date :12/01/2017 Identification : Asbestos,Balk Sample Analysis Test Method : Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method 600/R-93/ 116 Page 7 of 12 On 12/4/2017,one hundred forty two(142)bulk material samples were submitted by Kiistopher Girton of Industrial Hygiene&Safety Technology for asbestos analysis by PLM/D&The PLM Detail Report is attached;additional information may be found therein.The results are summarized below: r Sample Number Client Sample Description/Location Asbestos Content s FTW-120117-078 4" Cove Base(Green)/Mastic, Hall 2, Ground Level None Detected-Cove Base f None Detected-Cream Mastic None Detected-Yellow Mastic F FTW-120117-079 4" Cove Base(Green)/Mastic, Storage, Ground Level None Detected-Cove Base None.Detected-Cream Mastic FTW-120117-080 12" x 12"Floor Tile(Beige)/Mastic, Storage, Ground None Detected-Floor Tile Level None Detected-Yellow Mastic ! None Detected-Leveling Compound FTW--120117-081 12" x 12"Floor Tile(Beige)/Mastic, Storage, Ground None Detected--Floor Tile Level None Detected-Yellow Mastic None Detected-Leveling Compound FTW-120117-082 12" x 12"Floor Tile(Beige)/Mastic, Storage, Ground None Detected-Floor Tile Level None Detected--Yellow Mastic None Detected-Leveling Compound FTW-120117-083 2'x 4'Textured Ceiling Tile, Storage, Ground Level None Detected-Acoustic Tile FTW-120117--084 Tx 4'Textured Ceiling Tile, Copier,Fax,Printer and None Detected--Acoustic Tile Admin Supplies Room, 3rd Floor ! FTW-120117--085 2'x T Textured Ceiling Tile, Room 501, 5th Floor None Detected-Acoustic Tile FTW-120117-086 12" x 12"Floor Tile(Gray)/Mastic, Hall 3, Ground None Detected-Floor Tile Level None Detected-Yellow Mastic FTW-120117--087 12" x 12"Floor Tile(Gray)/Mastic, Hall 3, Ground None Detected-Floor Tile ` Level None Detected--Yellow Mastic i FTW-120117-088 12" x 12"Floor Tile(Gray)/Mastic, Hall 3, Ground None Detected-Floor Tile Level None Detected-Yellow Mastic j FTW-120117-089 12" x 12"Floor Tile(White/Blue)/Mastic, Hall 3, None Detected-Blue Floor Tile Ground Level None Detected-Yellow Mastic None Detected-White Floor Tile None Detected-Yellow Mastic t 1 a PLM Summary Deport NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Sample Date :12/01/2017 Identification : Asbestos,Bulk Sample Analysis Test Method : Polarized Light Microscopy/Dispersion Staining(.PLM/DS) EPA Method 600/R-93/ 116 Page 8 of 12 On 1 2/412 0 1 7,one hundred forty two(142)bulk material samples were submitted by Kristopher Girton of Industrial Hygiene&Safety Technology for asbestos analysis by PLMIDS.The PL.M Detail Report is attached;additional information may be found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content F"I'W-120117-090 12"x 12"Floor Tile(White/Blue)I Mastic, Cubicle Area, None Detected-Blue Floor Tile Ground Level None Detected-Yellow Mastic None Detected-White FIoor Tile None Detected-Yellow Mastic FTW-120117-091 12"x 12"Floor Tile(White I Blue)I Mastic, Hall 2, None Detected-Blue Floor Tile Ground Level None Detected-Yellow Mastic None Detected-White Floor Tile None Detected-Yellow Mastic FTW-120117-092 12"x 12"Floor Tile(Light Blue)/Mastic, Hall 1, Ground None Detected-Floor Tile Level None Detected-Yellow Mastic FTW-120117-093 12" x 12"Floor Tile(Light Blue)/Mastic, Hall 1, Ground None Detected-Floor Tile Level None Detected-Yellow Mastic FTW--120117-094 12" x 12"Floor Tile(Light Blue)/Mastic, Hall 1, Ground None Detected-Floor Tile Level None Detected-Yellow Mastic FTW-120117-095 12" x 12" Floor Tile(Light Brown)/Mastic, Room 1, None Detected-Floor Tile Ground Level None Detected-Yellow Mastic FTW-120117-096 12" x 12"Moor Tile(Light Brown)/Mastic, Room 1, None Detected--Floor Tile Ground Level None Detected-Yellow Mastic FTW-120117-097 12" x 12" Floor Tile(Light Brown)/Mastic, Room 1, None Detected-Floor Tile Ground Level None Detected-Yellow Mastic FTW--120117-098 2'x 4'Ceiling Tile(Smooth)/Mastic, Side Entry Lobby None Detected-Drywall Tile None Detected-Vinyl Facing F'TW-120117-099 2'x 4'Ceiling Tile(Smooth)/Mastic, Side Entry Lobby None Detected-Drywall Tile None Detected-Vinyl Facing FTW-120117-100 Tx 4'Ceiling Tile(Smooth)/Mastic, Side Entry Lobby None Detected-Drywall Tile None Detected-Vinyl Facing FTW-120117-101 6" Cove Base(Gray)/Mastic, Hail 6, 1st Floor None Detected-Cove Base None Detected-Yellow Mastic PLM Summary Report NVL.AP Lab Code 102056-0 r 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 i r Project: COFW,Ft Worth Courthouse, 1000 Throckxnorton,Ft Worth Report Date: 12/07/2017 Project 1#: 21836 Sample Date :12/01/2017 Identification: Asbestos,Bulk Sample Analysis Test Method: Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method 600/R-93/ 116 Page 9 of 12 On 1214/2017,one hundred forty two(142)bulk material samples were submitted by Kristopher Girton of Industrial Hygiene&Safety Technology for asbestos analysis by PLM/DS.The PLM Detail Report is attached;additional information may be found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content FTW-120117-102 6" Cove Base(Gray)/Mastic, Hall 6, 1st Floor None Detected-Cove Base None Detected--Yellow Mastic FTW-120117-103 6" Cove Base(Gray)/Mastic, Hall 6, 1st Floor None Detected-Cove Base None Detected-Yellow Mastic t F I W-120117-104 4" Cove Base(Gray)/Mastic, Hall 2, lst Floor None Detected-Cove Base None Detected-Yellow Mastic FTW-120117-105 4" Cove Base(Gray)/Mastic, Hall 2, 1st Floor None Detected-Cove Base None Detected-Yellow Mastic FTW--120117-106 4" Cove Base(Gray)/Mastic, Hall 2, 1st Floor None Detected-Cove Base None Detected-YelIow Mastic FTW-120117-107 12" x 12"Floor Tile(White)/Mastic, Vault, 1st Floor None Detected-Floor Tile None Detected-Yellow Mastic FTW-120117-108 12"x 12" Floor Tile(White)/Mastic, Vault, 1st Floor None Detected-Floor Tile None Detected-Yellow Mastic FTW-120117-109 12" x 12" Floor Tile(White)/Mastic, Vault, 1st Floor None Detected-Floor Tile None Detected-Yellow Mastic FTW-120117-110 Duct Mastic(White), HVAC Room, 2nd Floor None Detected-White Mastic FTW-120117--111 Duct Mastic(White), HVAC Room, 2nd Floor None Detected-White Mastic FTW-120117-112 Duct Mastic(White), HVAC Room, 2nd Floor None Detected-White Mastic F 1W-120117-113 12"x 12"Floor Tile(Black)/Mastic, HVAC Room, 2nd None Detected-Floor Tile Floor None Detected-Yellow Mastic FTW-120117-114 12" x 12"Floor Tile(BIack)/Mastic, HVAC Room, 2nd None Detected-Floor Tile Floor None Detected-Yellow Mastic FTW420117-115 12" x 12"Floor Tile(Black)I Mastic, HVAC Room, 2nd None Detected-Floor Tile Floor None Detected-Yellow Mastic FTW 120117-116 4" Cove Base(Beige)/Mastic, HVAC Room, 2nd Floor None Detected-Cove Base None Detected-Yellow Mastic idho PLM Summary Deport NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 1711-14491 Project : COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Sample Date :12/01/2017 Identification : Asbestos,Bulk Sample Analysis Test Method : Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method 600/R-93/ 116 Page 10 of 12 On 1214/2017,one hundred forty two(142)bulk material samples were submitted by Kristopher Girton of Industrial Hygiene&Safety Technology for asbestos analysis by PLM/DS.The PLM Detail Report is attached;additional information may be found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content FTW-120117-117 4" Cove Base(Beige)/Mastic, HVAC Room, 2nd Floor None Detected-Cove Base None Detected-Yellow Mastic FTW-120117-118 4" Cove Base(Beige)/Mastic, HVAC Room, 2nd Floor None Detected-Cove Base None Detected-Yellow Mastic FTW-120117-119 9" x 9"Floor Tile/Mastic, Room 217, 2nd Floor None Detected-Yellow Mastic 5%Chrysotile-Floor Tile 5%Chrysotile--Black Mastic FTW-120117-120 9" x 9"Floor Tile/Mastic, Room 217, 2nd Floor None Detected-Yellow Mastic 5%Chrysotile-Floor Tile 5%Chrysotile--Black Mastic FTW-120117-121 9"x 9" Floor Tile/Mastic, Room 217, 2nd Floor None Detected-Yellow Mastic 5%Chrysotile-Floor Tile 5%Chrysotile-Black Mastic FTW-120117-122 1'x F Ceiling Tile(Smooth), Hall 3, 2nd Floor None Detected-Acoustic Tile 2olo Chrysotile-Brown Mastic FTW-120117--123 1'x I'Ceiling Tile(Smooth), Hall 3, 2nd Floor None Detected-Acoustic Tile 2%Chrysotile--Brown Mastic FTW-120117-124 P x 1'Ceiling Tile(Smooth), Halt 4, 2nd Floor None Detected-Acoustic Tile 2%Chrysotile-Brown Mastic FTW-120117-125 4" Cove Base(Brown)/Mastic, Reception Area, 3rd None Detected-Cove Base Floor None Detected-Clear Mastic FTW-120117-126 4" Cove Base(Brown)/Mastic, Room 413, 4th Floor None Detected-Cove Base None Detected-YelIow Mastic FTW--120117-127 4" Cove Base(Brown)/Mastic, Room 505A, 5th Floor None Detected-Cove Base None Detected-Yellow Mastic 2%Chrysotile-Texture FTW-120117-128 12"x 12"Floor Tile(BIue)/Mastic, IT Room, 3rd Floor None Detected-Floor Tile 5% Clysotile--Black Mastic None Detected-Leveling Compound PI1M Summary Report N VLAP Lab Code 102056-0 ' 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-9460 a Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B--14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 Project#: 21836 Sample Date:12101/2017 Identification : Asbestos,Bulk Sample Analysis Test Method. Polarized Light Microscopy/Dispersion Staining(PLMIDS) EPA Method 6001 R-93/ 116 Page I I of 12 ` On 12/412017,one hundred forty two(I42)bulk material samples were submitted by Kristopher Girton of Industrial Hygiene&Safety Technology for asbestos analysis by PLMIDS.The PLM Detail Report is attached;additional information may he found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content G FTW--120117-129 12" x 12" Floor Tile(Blue)/Mastic, IT Room, 3rd Floor None Detected-Floor Tile f 5%Chrysotile-Black Mastic ` None Detected-Leveling Compound FTW-120117--130 12"x 12" Floor Tile(Blue)/Mastic, IT Room, 3rd Floor None Detected-Floor Tile 5%Chrysotile-Black Mastic None Detected-Leveling Compound FTW-120117-131 12" x 12"Floor Tile(Green)/Mastic, IT Room, 4th Floor None Detected-Floor Tile None Detected-Tan Mastic FTW-120117-132 12" x 12" Floor Tile(Green)/Mastic, IT Room, 4th Floor None Detected--Floor Tile None Detected-Tan Mastic FTW-120117-133 12" x 12"Floor Tile(Green)/Mastic, IT Room, 4th Floor None Detected-Floor Tile None Detected-Tan Mastic FTW-1201 I7-134 12" x 12"Floor Tile(Dark Green)/Mastic, Hall 1, 5th None Detected-Floor Tile Floor None Detected-Tan Mastic 3%Chrysotile-Black Mastic f None Detected-Leveling Compound FTW-120117-135 12" x 12"Floor Tile(Dark Green)/Mastic, Hall 1, 5th None Detected-Floor Tile Floor None Detected--Tan Mastic # 3%Chrysotile--Black Mastic None Detected-Leveling Compound s j FTW--120117--136 12" x 12"Floor Tile(Dark Green)/Mastic, Hall 1, 5th None Detected-Floor Tile Floor None Detected--Tan Mastic 3%Chrysotile-Black Mastic None Detected-Leveling Compound t FTW-120117-137 2'x 4'Fiberglass Ceiling Tile, Room 503, 5th Floor None Detected-Acoustic Tile 1 FTW-120117-138 2'x 4'Fiberglass Ceiling Tile, Room 505, 5th Floor None Detected-Acoustic Tile i FTW-120117--139 2'x 4'Fiberglass Ceiling Tile, Room 502, 5th Floor None Detected-Acoustic Tile FTW--120117-140 12" x 12"Floor Tile(Brown Pebble)/Mastic, Room 501, None Detected-Floor Tile 5th Floor None Detected-Yellow Mastic None Detected-Leveling Compound mg;il PLM Summary Report NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab rob No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Sample,Date:12/01/2017 Identification : Asbestos,Bulk Sample Analysis Test Method: Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method 600/R-93/ 116 Page 12 of 12 On 121412017,one hundred forty two(142)bulk material samples were submitted by Kristopher Girton of Industrial Hygiene&Safety Technology for asbestos analysis by PLMIDS.The PLlv1 Detail Report is attached;additional information may be found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content FTW-1201.17-141 12" x 12"Floor Tile(Brown Pebble)/Mastic, Room 501, None Detected-Floor Tile 5th Floor None Detected-Yellow Mastic None Detected-Leveling Compound FTW-120117-142 12" x 12" Floor Tile(Brown Pebble)/Mastic, Room 501, None Detected-Floor Tile 5th Floor None Detected-Yellow Mastic i None Detected--Leveling Compound These samples were analyzed by layers.Quantification,unless otherwise noted,is performed by calibrated visual estimate.The test report shall not be reproduced,except in full,without written approval of the laboratory. The results relate only to the items tested."These test results do not imply endorsement by h1VLAP or any agency of the U.S. Government,Accredited by the National Voluntary Laboratory Accreditation Program for Bulk Asbestos Fiber Analysis LAB 102056 0 under Lab Code 102056-0" i Analyst(s): Debra O'Sullivan,Shaun Wilkerson,Tonnnie Smith Lab Manager:Heather Lopez Approved Signatory Lab Director:Bruce Crabb Approved Signatory: - - Thank you for choosing Moody Labs Moody Labs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDS13S License No.30-0084 Farmers Branch,TX 75234 Phone:(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B--14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorion,Ft Worth Report Date: 12/07/2017 i. Project## : 21836 Page 1 of 18 Sample Number Layer %Of Components %of Analysis Analyst ` Sam le La er I Date FTW-120117-001 Window Glazing(Off-White) 100% Calcite 60% 12/07 TS Binders/FiIlers 40% s FTW-120117-002 Window Glazing(Off White) 100% Calcite 60% 12/07 TS Binders/Fillers 40% FTW-120117-003 Window Glazing(Off-White) 100% Calcite 60% 12/07 TS Binders/Fillers 40% FTW-120117-004 Grey Coating(Grey) 85% Chrysotile 15% 12/07 TS Binders I Fillers 85% Mastic(Black) 15% Chrysotile 15% Tar Binders 85% FTW-120117-005 Grey Coating(Grey) 65% Chrysotile 15% 12/07 TS Binders/Fillers 85% Cork Insulation(Brown) 34% Cork 100% Mastic(Black) 1% Chrysotile 15% Tar Binders 85% FTW-120117-006 Grey Coating(Grey) 30% Chrysotile 15% 12/07 TS Binders/Fillers 85% Cork Insulation(Brown) 55% Cork 100% Black Mastic(Black) 15% Chrysotile 10% Calcite/Tar Binders 90% FTW--120117-007 Floor Tile(Brown) 99% Calcite/Vinyl Binders 100% 12/07 TS Yellow Mastic(Yellow) 1% Glue Binders 100% FTW-120117-008 Floor Tile(Brown) 99% Calcite/Vinyl Binders 100% 12/07 TS Yellow Mastic(Yellow) 1% Glue Binders 100% FTW-120117-009 Floor Tile(Brown) 99% Calcite/Vinyl Binders 100% 12/07 TS a Yellow Mastic(Yellow) 1170 Glue Binders 100% FTW--120117-010 Floor Tile(Dark Brown) 99% Calcite/Vinyl Binders 100% 12/07 TS Yellow Mastic(Yellow) I% Glue Binders 100% 1 Moody Labs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TaSHS License No.30-0084 Farmers Branch,TX 75234 Phone; (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project. COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/20I7 Project#: 21836 Page 2 of 18 Sample Number Layer %Of Components % of Analysis Analyst Sam le La er Date FTW-120117-011 Floor Tile(Dark Brown) 99% Calcite/Vinyl Binders 100% 12/07 TS Yellow Mastic(Yellow) 1% Glue Binders 100% FTW-120117-012 Floor Tile(Dark Brown) 99% Calcite/Vinyl Binders 100% 12/07 TS Yellow Mastic(Yellow) I% Glue Binders 100% FTW-120117-013 White Floor Tile(White) 74% Calcite I Vinyl Binders 100% 12/07 TS Yellow Mastic(Yellow) <1% Glue Binders 100% Green Floor Tile(White/Blue) 25% Calcite/Vinyl Binders 100% Yellow Mastic(Yellow) I% Glue Binders 100% FTW-120117-014 White Floor Tile(White) 5011b Calcite/Vinyl Binders 100% 12/07 TS Yellow Mastic(Yellow) <1% Glue Binders 100% Green Floor Tile(White/Blue) 49% Calcite/Vinyl Binders 100% Yellow Mastic(Yellow) 1% Glue Binders 100% FTW-120117-015 White Floor Tile(White) 50%o Calcite I Vinyl Binders 100% 12107 TS Yellow Mastic(Yellow) <1% Glue Binders 100% Green Floor Tile(White/Blue) 49% Calcite/Vinyl Binders 100% Yellow Mastic(Yellow) 1% Glue Binders 100% FTW-120117-016 Cove Base(Black) 95% Calcite/Vinyl Binders 100% 12/07 TS Yellow Mastic(Yellow) 5% GIue Binders 100% FTW--120117-017 Cove Base(Black) 95% Calcite/Vinyl Binders 100% 12/07 TS Yellow Mastic(Yellow) 5% Glue Binders 100% FTW-120117-018 Cove Base(Black) 95% Calcite/Vinyl Binders 100% 12/07 TS Yellow Mastic(Yellow) 5% Glue Binders 100% FTW-120117-019 Grey Plaster(Grey) 85% Aggregate 65% 12/07 TS Calcite/Binders 35% White Plaster(White) 15% perlite 5% Gypsum 1 Binders 95% Moody Labs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone:(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 Project#: 21836 Page 3 of 18 %Of %of Analysis Sample Number Layer Sam le Components Layer Date Analyst FTW--120117-020 Grey Plaster(Grey) 60% Aggregate 65% 12/07 TS Calcite/Binders 35% White Plaster(White) 40% Perlite 5% Gypsum/Binders 95% FTW-120117--021 Grey Plaster(Grey) 25% Aggregate 65% 12/07 TS Calcite/Binders 35% White Plaster(White) 75% Gypsum/Binders 1000/0 FTW-1 20 1 17-022 Grey Plaster(Grey) 25% Aggregate 65% 12107 TS Calcite/Binders 35% White Plaster(White) 756/o Gypsum/Binders 100% FTW-120117-023 Grey Plaster(Grey) 75% Aggregate 65% 12/07 TS Calcite/Binders 35% White Plaster(White) 22% Aggregate 25% Calcite/Gypsum Binders 75% t Texture(White) 3% Chrysotile 2% Calcite I Talc I Binders 98% FTW-1 20 1 1 7-024 Grey Plaster(Grey) 75% Hair Fibers 2% 12/07 TS i ' Aggregate 63% Calcite/Binders 35% White Plaster(White) 22% Aggregate 25% Calcite/Gypsum Binders 75% Texture(White) 3% Chrysotile 2% Calcite/Talc/Binders 98% FTW-120117--025 Grey Plaster(Grey) 30% Hair Fibers 2% 12/07 TS Aggregate 63% Calcite/Binders 35% White PIaster(White) 67% Aggregate 25% Calcite/Gypsum Binders 75% Paint(Off White) 3% Pigment/Binders 100% Moody Labs PLM Detail Deport NVL AP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Siunmaiy Report TOSHS License No.30-0084 Farmers Branch,TX 75234. Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 178-14491 Project: COFW,Ft Wortb COurth0use, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Page 4 of 18 Sample Number Layer %Of Components %of Analysis Analyst Sam le Layer Date FTW-120117-026 Grey Plaster(Grey) 75% Aggregate 65% 12/07 TS Calcite/Binders 35% White Plaster(White) 22% Aggregate 25% Calcite/Gypsum Binders 75% Paint(Off-White) 3% Pigment/Binders 100% FTW-120117-027 Grey Plaster(Grey) 60% Aggregate 65% 12/07 TS Calcite/Binders 35% White Plaster(White) 35% Aggregate 25% Calcite/Gypsum Binders 75% Paint(Off-White) 5010 Pigment/Binders 100°Io FTW-120117-028 Grey Plaster(Grey) 60% Hair Fibers 2% 12/07 TS Aggregate 63% Calcite/Binders 35% White Plaster(White) 35% Aggregate 25% Calcite/Gypsum Binders 75% Paint(Off-White) 5% Pigment/Binders 100% FTW-120117-029 Grey Plaster(Grey) 75% Hair Fibers 2% 12/07 TS Aggregate 63% Calcite/Binders 35% White Plaster(White) 25% Calcite/Binders 100% FTW-120117-030 Grey PIaster(Grey) 90% Hair Fibers 2% 12/07 TS Aggregate 63% Calcite/Binders 35%n White Plaster(White) 10% Calcite/Binders 100% FTW-120117-031 Grey Plaster(Grey) 70% Aggregate 65% 12/07 TS Calcite I Binders 35% White Plaster(White) 30% Calcite/Binders 100% FTW-120117-032 Grey Plaster(Grey) 70% Aggregate 65% 12/07 TS Calcite/Binders 35% White Plaster(White) 30% Calcite/Binders 100% Moody Labs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 r Farmers Branch,TX 75234 Phone:(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 Project#: 21836 Page 5 of 18 Sample Number Layer % Of Components %of Analysis Analyst i Sam le Layer I Date FTW--120117-033 Drywall Material(White) 50% Cellulose Fibers 5% 12/07 TS Gypsum/Binders 95% DW Paper/Tape(Tan/White) 15% Cellulose Fibers 100% Joint Compound(Tan) 10% Chrysotile 2% Calcite/Talc/Binders 98% j Texture(White) 25% Chrysotile 2% II Calcite/Talc/Binders 98% FTW-120117-034 Drywall Material(White) 60% Cellulose Fibers 5% 12/07 TS Gypsum/Binders 95% DW Paper/Tape(Tan 1 White) 15% Cellulose Fibers 100% Joint Compound(Tan) 5% Chrysotile 2% Calcite/Talc/Binders 98% ` Texture(White) 20% Chrysotile 2% Calcite/Talc/Binders 98% FTW-120117-035 Drywall Material(White) 35% Cellulose Fibers 5% 12/07 TS I Gypsum/Binders 95% DW Paper/Tape(Tan/White) 20% Cellulose Fibers 100% a Joint Compound(White) 15% Calcite/Talc/Binders 100% Texture(White) 30% Calcite/Talc/Binders 100% FTW-120117-036 Drywall Material(White) 30% Glass Wool Fibers 2% 12/07 TS Cellulose Fibers 1% t Gypsum/Binders 97% DW Paper 1 Tape(Tan 1 White) 25% Cellulose Fibers 100% Joint Compound(White) 15% Calcite/Talc 1 Binders 100% 1 Texture(White) 30% Calcite/Talc/Binders 100% i s J Moody Labs PLM Detail Report NVLAP Lab Code 102056-0 2051 'Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone:(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 178-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 Project#: 21836 Page 6 of 18 Sample Number Layer % Of Components %of Analysis Analyst Sam Ie Layer I Date FTW-120117-037 Drywall Material(White) 5% Glass Wool Fibers 2% 12107 TS Cellulose Fibers I% Gypsum/Binders 97% DW Paper I Tape(Tan I White) 20% Cellulose Fibers 100% Joint Compound(White) 15% Chrysotile 2% Calcite/Talc/Binders 98% Texture(White) 60% Cbrysotile 2% Calcite I Talc I Binders 98% FTW-120117--038 Drywall Material(White) 15% Glass Wool Fibers 2% 12/07 TS Cellulose Fibers I% Gypsum/Binders 97% DW Paper/Tape(Tan/White) 40% Cellulose Fibers 100% Joint Compound(White) 20% Chrysotile 2% Calcite/Talc/Binders 98% Texture(White) 25% Chrysotile 2% Calcite/Talc/Binders 980/0 FTW--120117-039 Drywall Material(White) 25°7o Glass Wool Fibers 2% 12/07 TS Cellulose Fibers 1% Gypsum/Binders 97% DW Paper/Tape(Tan/White) 25% Cellulose Fibers 100% Joint Compound(White) 20% Calcite/Talc/Binders 100% Texture(White) 30% Calcite I Talc I Binders 100% FTW-120117-040 Drywall Material(White) 45% Glass Wool Fibers 2% 12/07 TS Cellulose Fibers I% Gypsum/Binders 97% DW Paper/Tape(Tan/White) 25% Cellulose Fibers 100% Joint Compound(White) 10% Calcite I Talc 1 Binders 100% Texture(White) 20010 Calcite/Talc/Binders 1000/0 Moody Labs PLM retail Report NVLAP Lae Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 r Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B--14491 r Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Page 7 of 18 Sample Number Layer %Of Components %of Analysis Analyst Sam le Layer Date FTW-120117-041 Drywall Material(White) 25% Cellulose Fibers 3% 12/07 TS Glass Wool Fibers 2% Mica <1% r Gypsum/Binders 95% DW Paper Facing(Tan) 25% Cellulose Fibers 100% f Texture(White) 50% Chrysotile 2% F Calcite/Tale/Binders 98% FTW-120117-042 Drywall Material(White) 409o' Cellulose Fibers 3% 12/07 TS fGlass Wool Fibers 2% Mica <1% Gypsum/Binders 95% DW Paper Facing(Tan) 25% Cellulose.Fibers 100% Texture(White) 35% Chrysotile 2% Calcite/Tale/Binders 98% 1,TW-120J 17-043 Drywall Material(White) 10% Glass Wool Fibers 2% 12107 TS Cellulose Fibers I% Gypsum/Binders 97% DW Paper/'Pape(Tan/White) 25% Cellulose Fibers 100% Joint Compound(White) 30% Chrysotile 2% Calcite/'Talc/Binders 98% Texture(White) 35% Chrysotile 2% Calcite/Talc/Binders 98% ° FTW-120117-044 Drywall Material(White) 10% Glass Wool Fibers 2% 12/07 TS a Cellulose Fibers 1% I Gypsum/Binders 97% DW Paper/Tape(Tan/White) 30% Cellulose Fibers 1000/0 Joint Compound(White) 30% Chrysotile 2% Calcite/Talc/Binders 98% Texture(White) 30% Chrysotile 2010 E ' Calcite/Talc/Binders 98% Moody labs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report: TDSHS License,No. 30-0084 Farmers Branch,TX 75234 Phone:(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 Project#: 21836 Page 8 of 18 Sample Number Layer % Of Components %of Analysis Analyst Sam le Layer I Date FTW-120117-045 Drywall Material(White) 20% GIass Wool Fibers 2% 12/07 TS Cellulose Fibers 1% Gypsum/Binders 97% DW Paper/Tape(Tan/White) 15% Cellulose Fibers 100% Joint Compound(Tan) 20% Chrysotile 2% Calcite/Talc/Binders 98% Texture(White) 45% Chrysotile 2% Calcite/Talc/Binders 98% FTW-120117-046 Drywall Material(White) 20% Cellulose Fibers 3% 12/07 TS Glass Wool Fibers 2% Mica <1% Gypsum/Binders 95% DW Paper/Tape(Tan/White) 30010 Cellulose Fibers 100% Joint Compound(White) 20% Chrysotile 2% Calcite/Talc/Binders 98% Texture(White) 30% Chrysotile 2% Calcite/Talc I Binders 98% PTW-120117-047 Acoustic Tile(Light Grey) 100% Cellulose Fibers 50% 12/07 TS Mineral Wool Fibers 30% Perlite 20% FTW-120117-048 Acoustic Tile(Light Grey) 100% Cellulose Fibers 50% 12107 TS Mineral Wool Fibers 30% Perlite 20% FTW-120117-049 Acoustic Tile(Light Grey) 100010 Cellulose Fibers 50% 12/07 TS Mineral Wool Fibers 30% Perlite 20% FTW-120117-050 Acoustic Tile(Light Grey) 100% Cellulose Fibers 50% 12107 TS Mineral Wool Fibers 30% Perlite 20% Alloody Labs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 ,I Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 1713-1449 J Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Page 9 of 18 J.- Sam le Number La er aCom Of onents %ofAnalysisAnalyst P y Sam le P La eDate FTW-120117-051 Acoustic Tile(Light Grey) 100% Cellulose Fibers 50% 12/07 TS Mineral Wool Fibers 30% Perlite 20% M FTW-120117-052 Acoustic Tile(Light Grey) 100% Cellulose Fibers 50% 12107 TS Mineral Wool Fibers 30% Perlite 20% ! FTW--120117-053 Acoustic Tile(Light Grey) 100% Cellulose Fibers 50% 12/07 TS Mineral Wool Fibers 30% Perlite 20% FTW-120117-054 Ceiling Tile (Tan) 90% Wood Fibers 100% 12/07 TS Brown Mastic(Brown) 10% Glue Binders 100% # FTW--120117-055 Ceiling Tile (Tan) 9090 Wood Fibers 100% 12/07 TS ` Brown Mastic(Brown) 10% Glue Binders 100% FTW-120117-056 Ceiling Tile (Tan) 55% Wood Fibers 100% 12/07 TS Brown Mastic(Dark Brown) 45% Chrysotile 2% Glue Binders 98% FTW-120117-057 Ceiling Tile (Tan) 90% Wood Fibers 100% 12/07 TS Brown Mastic(Dark Brown) 10% Chrysotile 2% Glue Binders 98% FTW-120117-058 Ceiling Tile (Tan) 85% Wood Fibers 100% 12/07 TS Brown Mastic(Dark Brown) 15% Chrysotile 2% Glue Binders 98% FTW--1211117-059 Acoustic Tile(Off-White) 95% Mineral Wool Fibers 95% 12107 TS Binders/Fillers 5% Brown Mastic(Brown) 5% Cbrysotile 2% Glue Binders 98% FTW-120117-060 Acoustic Tile(Off-White) 95% Mineral Wool Fibers 95% 12107 SW Binders/Fillers 5% Brown Mastic(Brown) 5% Glue Binders 100% a Moody Labs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 Project# : 21836 Page 10 of 18 Sample Number Layer %Of Components %of Analysis Analyst ISample Layer Date FTW-120117-061 Acoustic Tile(Off-White) 95% Mineral Wool Fibers 95% 12/07 SW Binders 1 Fillers 5%4 Brown Mastic(Brown) 5% Chrysotile 2% Glue Binders 98% FTW--120117-062 Acoustic Tile(Tan) 959o' Cellulose Fibers 50% 12/07 SW Mineral Wool Fibers 30% Perlite 20% Brown Mastic(Brown) 5% Chrysotile 2% Glue Binders 98% FTW-120117-063 Acoustic Tile(Tan) 95% Cellulose Fibers 50% 12/07 SW Mineral Wool Fibers 30% Perlite 20% Brown Mastic(Brown) 5% Chrysotile 2% Glue Binders 98% FTW-120117--064 Acoustic Tile(Tan) 95% Cellulose Fibers 50% 12/07 SW Mineral Wool Fibers 30% Perlite 20% Brown Mastic(Brown) 5% Chrysotile 2% Glue Binders 98% FTW-120117-065 Acoustic Tile(Light Grey) 100% Cellulose Fibers 50% 12/07 SW Mineral Wool Fibers 30% Perlite 20% FTW-120117-066 Acoustic Tile(Light Grey) 100% Cellulose Fibers 50% 12/07 SW Mineral Wool Fibers 30% Perlite 20% FTW-120117-067 Acoustic Tile(Light Grey) 100% Cellulose Fibers 50% 12/07 SW Mineral Wool Fibers 30% Perlite 20% Moody Labs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client : Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Page i 1 of 18 1 Sample Number Layer % Of Components °lO of Analysis Analyst ISample Layer I Date i FTW-120117-068 Acoustic Tile(Tan) 95% Wood Fibers 100% 12107 SW Brown Mastic(Brown) 5% Talc Fibers 2% Glue Binders 98% FTW--120117-069 Acoustic Tile(Tan) 95% Wood Fibers 100% 12/07 SW Brown Mastic(Brown) 5% Chrysotile <1% Talc Fibers 2% Glue Binders 98% FTW-120117-070 Acoustic Tile(Tan) 95% Wood Fibers 100% 12/07 SW Brown Mastic(Brown) 5% Chrysotile <1% Talc Fibers 2% Glue Binders 98% i FTW-120117-071 Floor Tile(White) 95% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 5% Glue Binders 100% FTW-120117-072 Floor Tile(White) 95% Calcite/Vinyl Binders 100% 12107 SW Yellow Mastic(Yellow) 5% Glue Binders 100% FTW-120117-073 Floor Tile(White) 95% Calcite/Vinyl Binders 100% 12107 SW Yellow Mastic(Yellow) 5% Glue Binders 100% FTWW-120117--074 Yellow Mastic(Yellow) 100% Glue Binders 100% 12/07 SW FTW-120117--075 Yellow Mastic(Yellow) 100% Glue Binders 100% 12/07 SW FTW-120117-076 Yellow Mastic(Yellow) 100% Glue Binders 100% 12107 SW FTW--120117-077 Cove Base(Blue) 97% Calcite I Vinyl Binders 100% 12/07 SW f Cream Mastic(Cream) 3% Calcite 50% Glue Binders 50% 1-7TW-120117-078 Cove Base(Blue) 95% Calcite/Vinyl Binders 100% 12107 SW f Cream Mastic(Cream) 5% Calcite 50% i 1 GIue Binders 50% Yellow Mastic(Yellow) 10% Glue Binders 100% 1 Moody Lahs PLM Detail Report NVLAP Lab code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone;(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 Project# : 21836 Page 12 of 18 Sample Number Layer %Of Components %of Analysis Analyst ISample I Layer I Date I TW-120117-079 Cove Base(Blue) 97% CaIcite/Vinyl Binders 100% 12/07 SW Cream Mastic(Crean.) 39o' Calcite 50% Glue Binders 50% FTW-120117--080 Floor Tile(Beige) 80% Calcite/Vinyl Binders 100% 12107 SW Yellow Mastic(Yellow) 5% Glue Binders 100% Leveling Compound(Grey) 15% Calcite/Binders 1000/0 FTW-120117-081 Floor Tile(Beige) 80% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 5% Glue Binders 100% Leveling Compound(Grey) 15% Calcite/Binders 100% FTW-120117-082 Floor Tile(Beige) 80% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 5% Glue Binders 100% Leveling Compound(Grey) 15% Calcite/Binders 100% FTW-120117-083 Acoustic Tile(Light Grey) 100% Cellulose Fibers 50% 12/07 SW Mineral Wool Fibers 30% Perlite 20% FTW-120117-084 Acoustic Tile(Tan) 100% Cellulose Fibers 50% 12/07 SW Mineral Wool Fibers 30% Perlite 20% FTW-120117-085 Acoustic Tile(Tan) 100% Cellulose Fibers 50% 12/07 SW Mineral Wool Fibers 30% Perlite 20% FTW-120117-086 Floor Tile(Gray) 98% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 2% Glue Binders 100% FTW-120117-087 Floor Tile(Gray) 98% Calcite/Vinyl Binders 100% 12107 SW Yellow Mastic(Yellow) 2% Glue Binders 100% FTW-120117-088 Floor Tile(Gray) 98% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 2% Glue Binders 100% Moody Labs PLM Detail Deport NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report 'IDSHS License No.30-0084 Farmers Branch,TX 75234 Phone:(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 Project#: 21836 Page 13 of 18 Sample Number Layer %Of Components °Io of Analysis Analyst t Sam le Layer Date FTW-120117-089 Blue Floor Tile(Blue) 41% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 2% Glue Binders 100% White Floor Tile(White) 55% Calcite/Vinyl Binders 100% Yellow Mastic(Yellow) _ 2% Glue Binders 100% FTW--120117-090 Blue Floor Tile(Blue) 41% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 2% Glue Binders 100% White Floor Tile(White) 55% Calcite/Vinyl Binders 100% Yellow Mastic(Yellow) 2% Glue Binders 100% FTW-120117-091 Blue Floor Tile(BIue) 41% Calcite/Vinyl Binders I00% 12107 SW r Yellow Mastic(Yellow) 2% Glue Binders 100% White Floor Tile(White) 55% Calcite/Vinyl Binders 100% Yellow Mastic(Yellow) 2% Glue Binders 100% i FTW-120117-092 Floor Tile(White) 95% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 5% GIue Binders 100% FTW-120117-093 Floor Tile(White) 95% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 5% Glue Binders 100% FTW-120117-094 Floor Tile(White) 95% Calcite/Vinyl Binders 100% 12107 SW s i Yellow Mastic(Yellow) 5% Glue Binders 100% FTW--120117-095 Floor Tile(Brown) 97% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 3% Glue Binders 100% FTW-120117-096 Floor Tile(Brown) 97% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 3% Glue Binders 100% FTW-120117-097 Floor Tile(Brown) 97% Calcite/Vinyl Binders 100% 12/07 SW 1 Yellow Mastic(Yellow) 3% Glue Binders 100% FTW-120117-098 Drywall Tile(White) 94% Glass Wool Fibers I% 12/07 SW Mica I% Gypsum/Binders 98% DW Paper Backing(Tan) 4% Cellulose Fibers 100% Vinyl Facing(White) 2% Vinyl Binders 100% 1 Moody Labs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report `1'DSHS License No.30-0084 Farmers Branch,TX 75234 Phone:(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 Project#: 21836 Page 14of18 Sample Number Layer %Of Components %of Analysis Analyst ISample Layer I Date FTW-120117-099 Drywall Tile(White) 94% Glass Wool Fibers I% 12/07 SW Mica 1% Gypsum/Binders 98% DW Paper Backing(Tan) 4010 Cellulose Fibers 100% Vinyl Facing(White) 2% Vinyl Binders 100% FTW-120117-100 Drywall Tile(Wbite) 94% Glass Wool Fibers 1% 12/07 SW Mica I% Gypsum/Binders 98% DW Paper Backing(Tan) 4% Cellulose Fibers 100°70 Vinyl Facing(White) 2% Vinyl Binders 100% FTW-120117-101 Cove Base(Gray) 97% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 3% Glue Binders 100% FTW-120117-102 Cove Base(Gray) 97% Calcite/Vinyl Binders 100% 12107 SW Yellow Mastic(Yellow) 3% Glue Binders 100,70 FTW-120117-103 Cove Base(Gray) 97% Calcite/Vinyl Binders 100% 12107 SW Yellow Mastic(Yellow) 3% Glue Binders 100% FTW-120117-104 Cove Base(Gray) 97% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 3010 Glue Binders 1000/0 FTW--120117-105 Cove Base(Gray) 97% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 3% Glue Binders 100% FTW--120117-106 Cove Base(Gray) 97% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 3% Glue Binders 100% FTW-120117--107 Floor Tile(Tan) 95% Calcite/Vinyl Binders 1.00% 12/07 SW Yellow Mastic(Yellow) 5% Glue Binders 100% FTW-120117-108 Floor Tile(Tan) 95% Calcite/Vinyl Binders 100% 12107 SW Yellow Mastic(YeIIow) 5% Glue Binders 100% FTW-120117-109 Floor Tile(Tan) 95% Calcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 5% Glue Binders 100% Moody Labs PLM Detail Deport NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 r Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Page 15 of 18 Sample Number Layer %Of i Components %of Analysis Analyst Sam le Layer Date 4 FTW-120117-110 White Mastic(White) 100% Cellulose Fibers 5% 12/07 SW Binders/Fillers 95% FTW-120117-111 White Mastic(White) 100% Cellulose Fibers 5% 12/07 SW Binders/FiIlers 95% FTW-120117-112 White Mastic(White) 100% Cellulose Fibers 5% 12/07 SW Binders/Fillers 95% S FTW-120117-113 Floor Tile(BIack) 95% CaIcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 5% Glue Binders 100% FTW-120117-114 Floor Tile(Black) 95% CaIcite/Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 5% Glue Binders 100% FTW-120117-115 Floor Tile(Black) 95% Calcite/Vinyl Binders 100% 12107 SW Yellow Mastic(Yellow) 5% Glue Binders 100% ! FTW-120117-116 Cove Base(BIack) 95% Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 5% Glue Binders 100% FTW-120117-117 Cove Base(Black) 95% Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 5% Glue Binders 100% FTW-120117-118 Cove Base(Black) 95% Vinyl Binders 100% 12/07 SW Yellow Mastic(Yellow) 5% Glue Binders 100% FTW--120117-119 Yellow Mastic(Yellow) 2% Glue Binders 100% 12/07 DO FIoor Tile(Light Tan) 95% Chrysotile 5% { Calcite/Vinyl Binders 95% Black Mastic(Black) 3% Chrysotile 5% Tar Binders 95% FTW-120117--120 Yellow Mastic(Yellow) 2% Glue Binders 100% 12/07 DO f Floor Tile(Light Tan) 95% Chrysotile 5% Calcite/Vinyl Binders 95% Black Mastic(Black) 3% Chrysotile 5% Tar Binders 95% s Moody Labs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSk1S License No.30-0084 Farmers Branch,TX 75234 Phone:(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B=14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/07/2017 Project#: 21836 Page 16 of 18 Sample Number Layer %Of Components %of Analysis Analyst Sample Layer Date FTW-120117-121 Yellow Mastic(Yellow) 2% Glue Binders 100% 12/07 DO Floor Tile(Light Tan) 95% Chrysotile 5% Calcite/Vinyl Binders 95% Black Mastic(BIack) 3% Chrysotile 5% Tar Binders 95% FTW-120117-122 Acoustic Tile(Tan) 50% Wood Fibers 100% 12/07 DO Brown Mastic(Brown) 50% Chrysotile 2% Glue Binders 98% FTW-120117-123 Acoustic Tile(Tan) 50% Wood Fibers 100% 12/07 DO Brown Mastic(Brown) 50% Cluysotile 2010 Glue Binders 98 Vo FTW-120117-124 Acoustic Tile(Tan) 50% Wood Fibers 100% 12/07 DO Brown Mastic(Brown) 50% Chrysotile 2% GIue Binders 98% FTW-120117-125 Cove Base(Brown) 97% Vinyl Binders 100% 12/07 DO Clear Mastic(Clear) 3% Glue Binders 100% FTW-120117-126 Cove Base(Grey) 95% Calcite/Vinyl Binders 100% 12/07 DO Yellow Mastic(Yellow) 5% Glue Binders 100% FTW--120117-127 Cove Base(Brown) 94% Vinyl Binders 100% 12107 DO Yellow Mastic(Yellow) 5% Glue Binders 100% Texture(Off-White) 1% Cbrysotile 2% Calcite I Talc I Binders 98% FTW-120117-128 Floor Tile(Blue) 94% Calcite/Vinyl Binders 100% 12/07 DO Black Mastic(BIack) 5% Chrysotile 5% Tar Binders 95% Leveling Compound(Grey) I% Calcite/Binders 100% FTW-120117-129 Floor Tile(Blue) 90% Calcite/Vinyl Binders 100% 12/07 DO Black Mastic(Black) 7% Chrysotile 5% Tar Binders 95% Leveling Compound(Grey) 3% Calcite/Binders 100% Moody Labs PLM Detail Deport NVLAP Lab Code 102056-0 2051 VatIey View Lane Supplement to PLM Sunnnary Report TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 1713-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Page 17 of 18 Sample Number Layer % Of Components %of Analysis Analyst ISample Layer I Date FTW-120117-130 FIoor Tile(Blue) 92% Calcite/Vinyl Binders 100% 12107 DO Black Mastic(Black) 5% Chrysotile 5% Tar Binders 95% Leveling Compound(Grey) 3% Calcite/Binders 100% FTW-120117-131 Floor Tile(Green) 95% Calcite/Vinyl Binders 100% 12/07 DO Tan Mastic(Tan) 5% Glue Binders 100% FTW-120117-132 Floor Tile(Green) 95% Calcite/Vinyl Binders 100% 12/07 DO Tan Mastic(Tan) 5% GIue Binders 100% FTW-120117-133 Floor Tile(Green) 95% Calcite/Vinyl Binders 100% 12/07 DO Tan Mastic(Tan) 5% Glue Binders 100% a + FTW-120117-134 Floor Tile(Dark Green) 95% Calcite/Vinyl Binders 100% 12/07 DO Tan Mastic (Tan) 1% Glue Binders 100% Black Mastic(Black) I% Chrysotile 3% Tar Binders 97% Leveling Compound(Grey) 3% Aggregate 40% 2 Cement Binders 60% 1--TW-120117-135 Floor Tile(Dark Green) 95% Calcite/Vinyl Binders 100% 12/07 DO Tan Mastic(Tan) 1% Glue Binders 100% Black Mastic(Black) 1% Chrysotile 3% 1 Tar Binders 97% 4 Leveling Compound(Grey) 3% Aggregate 40% Cement Binders 60% t FTW-120117-136 Floor Tile(Dark Green) 95% Calcite/Vinyl Binders 100% 12/07 DO [ Tan Mastic(Tan) I% Glue Binders 100% Black Mastic(Black) I% Chrysotile 3% Tar Binders 97% 1 ' Leveling Compound(Grey) 3% Aggregate 40% Cement Binders 60% f i Moody Labs PLM Detail Report NVLAP Lab Coda 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241--8460 client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14491 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/07/2017 Project#: 21836 Page 18 of 18 Sample Number Layer %Of Components %of Analysis Analyst ISample Layer I Date FTW-120117--137 Acoustic Tile(Yellow) 98% Mineral Wool Fibers 95% 12/07 DO Resin Binders 5% Painted Facing(White) 2% Pigment/Binders 100% FTW-120117-138 Acoustic Tile(Yellow) 98% Mineral Wool Fibers 95% 12/07 DO Resin Binders 5% Painted Facing(White) 2% Pigment/Binders 100°Ia FTW-120117-139 Acoustic Tile(Yellow) 98% Mineral Wool Fibers 95% 12/07 DO Resin Binders 5% Painted Facing(White) 2% Pigment/Binders 100% FTW-120117-140 Floor Tile(Brown Pebble) 94% Calcite/Vinyl Binders 100% 12/07 DO Yellow Mastic(Yellow) 1%n Glue Binders 100%4 Leveling Compound(Grey) 5% Cellulose Fibers 5% Calcite/Binders 95% FTW-120117-141. Floor Tile(Brown Pebble) 96% Calcite/Vinyl Binders 100% 12/07 DO Yellow Mastic(Yellow) 1% Glue Binders 100% Leveling Compound(Grey) 3% Cellulose Fibers 5% Calcite/Binders 95% FTW-120117-142 Floor Tile(Brown Pebble) 94% Calcite/Vinyl Binders 100% 12/07 DO Yellow Mastic(Yellow) 1% Glue Binders 100% Leveling Compound(Grey) 5% Cellulose Fibers 5% Calcite/Binders 95% LU co 0 a �- ° LO [� a v o � � a' rn 3 3 3 3 3 3 3 3 3 3 N U 9-0 O O O O s LU Z Z O O d tl O 0.3 � � i Q (A :LU CN a r o cz i ► p o o cn u to c� ul cn ul c� vi ul L1 . q rcacu ti L.L �..1 ii. H 1L. H [LH LL H LL.. F H H H H H H z Z I-t Z H Z 1-4Z FAH ZH Z Z Z 2 Z z ce) uL u u .41 LD u u u u u u u u u k 0-u- Ln Vl VI V! 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LL •~-� Q kb d t 1 V�1 Lo LO !L] Vim] 10 10 � N N N Q U1' N -- i r-i tC — G � O � L L L L L L L L 0 ----- o 0 0- U- i[_ LL LL LL a u r x s r k O o a o o a o p 0 H H H to Ln In Lo In 1 CY a cr E E I-- = 2 0 0 0 0° 0 00 -" 0 o 0 m 2 2 .2 t az - - in u E Lf) v�i d m W N 4- F- o a n - _ 0 0 0 R! d y d o 0 0 a O L a o n U U D- ti U- U V �-1 u n Li- 4i CL +vnt y V) Tn N N N a C_wS 0 {� X X X bl m m X X k LLI N t1 X cu H .N.a ) .Ni .N-e a F c to m x x X m w LL L C4 C4 (h SV (V N L O O U L L L $ 7s lS ++ �q ~ a n Q o n su ��" 6 4- m m oo a) L co LL o� G° C/) --- - - ------- .- _ _ - - - 06 f- - CO GI C) Lu O M �' l� 10 ]� pp p\ Q H N '"� 1 © drj O Q N N ym-1 H ti M rM-1 „�-1 •�-1 .�-� `�` a cELll _--- - - n Q Q Q HmTmL 7 M M M _ M M c~7 M N TTTIr t {` PLM Summary Report _ NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 1713-14918 Project: COFW,Ft Worth Courthouse, 1000 Throcicmorton,Ft Worth Report Date : 12/15/2017 Project#: 21836 Sample Date:12/13/2017 Identification : Asbestos,Bulk Sample Analysis 4 Test Method: Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method 600/R-93/116 Page 1 of 2 On 12/13/2017,thirteen(13)bulk material samples were submitted by l(ristopher Girton of Industrial Hygiene&Safety Technology for asbestos analysis by PLM/DS.The PLM Detail Report is attached,additional information way be found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content r FTW-I21317--143 Sheetrock(Orange Peel)/Joint Compound, Walls, Guest None Detected--Drywall Material Room, Ground Level None Detected-Joint Compound FTW-121317--144 Sheetrock(Orange Peel)/Joint Compound, Walls, File None Detected-Drywall Material Room, Ground Level None Detected-Joint Compound FTW-121317-145 Sheetrock(Orange Peel)/Joint Compound, Walls, Closet, None Detected-Drywall Material Ground Level None Detected-Joint Compound FTW-121317-146 Sheetrock(Orange Peel)/Joint Compound, Walls, Hall 4, None Detected-Drywall Material Ground Level None Detected-Joint Compound FTW-121317-147 Sheetrock(Orange Peel)/Joint Compound, Walls, T/PW None Detected-Drywall Material Stormwater Lobby, Ground Level None Detected-Joint Compound None Detected-Texture f FTW-121317-148 Plaster Walls/Ceilings, Hall 1, First Floor None Detected-Plaster FTW-121317-149 Plaster Walls/Ceilings, Hall 1, First Floor None Detected-Plaster FTW-121317-150 Sheetrock(Orange Peel)/Joint Compound, Walls, HVAC None Detected-Drywall Material 2, 2nd Floor None Detected-Paint No Joint Compound FTW-121317-151 Sheetrock(Orange feel)/Joint Compound, Walls, Noire Detected-Drywall Material Telephone Room, 2nd Floor 2%Chrysotile-Joint Compound 2%Chrysotile-Texture FTW-121317-152 Sheetrock(Orange Peel)/Joint Compound, Walls, Hall 4, None Detected-Drywall Material 2nd Floor 2%Chrysotile-Joint Compound 2%Chi ysotile-Texture FTW-121317-153 Sheetrock(Orange Peel)/Joint Compound, Walls, Hall 3, None Detected--Drywall Material 2nd Floor None Detected-Joint Compound None Detected-Texture FTW--121317-154 Sheetrock(Orange Peel)/Joint Compound, Walls, Room None Detected-Drywall Material 225, 2nd Floor None Detected-Paint No Joint Compound r ti PLM Summary Report NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14918 Project : COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/15/2017 Project# : 21836 Sample Date :1211312017 Identification: Asbestos,Bulk Sample Analysis Test Method : Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method 6001 R-93 1116 Page 2 of 2 On 1211312017,thirteen 03)bulk material samples were submitted by Isristopher Girton of Industrial Hygiene&Safety TechuoIogy for asbestos analysis by PL.MIDS.The PLM Detail Report is attached;additional information may be found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content FTW--121317-155 Mastic(Black) under Carpet Square, Hail 2, 5th FIoor 3%Chrysotile-Black Mastic None Detected-Clear Mastic These samples were analyzed by layers.Quantification,unless otherwise noted,is performed by calibrated visual pp estimate.The test report shall not be reproduced,except in full,without written approval of the laboratory. The results M relate only to the items tested.These test results do not imply endorsement by NVLAP or any agency of the C .S. !L] Government.Accredited by the National'Voluntary Laboratory Accreditation Program for Bulk Asbestos Fiber Analysis III�AB #�9 0205F'Q under Lab Code 102056-0. Analyst(s): Tommie Smith 4-�,—Y+) Lab Manager: Heather Lopez Approved Signatory Lab Director :Bruce Crabb Approved Signatory : — T -_-.———— —"— Thank you for choosing Moody Labs a Moody.dabs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane ,Supplement to PLM Summary Report TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone:(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14918 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/15/2017 i Project#: 21836 i Page 1 of 3 Sample Number Layer %Of Components %of Analysis Analyst ISampl- Layer I Date FTW-121317-143 Drywall Material(White) 50% Glass Wool Fibers 2% 12/15 TS Cellulose Fibers 1% a Gypsum/Binders 97% f DW Paper/Tape(Tan/White) 20% Cellulose Fibers 100% Joint Compound(White) 30% Calcite/Talc/Binders 1001yo FTW-121317-144 Drywall Material(White) 58% Glass Wool Fibers 2% 12/15 TS + Cellulose Fibers 1% ti t Gypsum I Binders 97% DW Paper/Tape(Tan/White) 40% Cellulose Fibers 100% Joint Compound(White) 2% Calcite/Talc/Binders 100% FTW-121317-145 Drywall Material(White) 60% Glass Wool Fibers 2% 12/15 TS Cellulose Fibers I% Gypsum/Binders 97% DW Paper/Tape(Tan/White) 10% Cellulose Fibers 100% Joint Compound(White) 30% Calcite I Talc I Binders 100% j FTW--121317-146 Drywall Material(White) 20% Glass Wool Fibers 2% 12/15 TS Cellulose Fibers 1% Gypsum/Binders 97% DW Paper/Tape(Tan/White) 45% Cellulose Fibers 100% JJoint Compound(White) 35°Io Calcite/Talc/Binders 100% FTW-121317-147 Drywall Material(White) 10% Glass Wool Fibers 2% 12/15 TS Cellulose Fibers 1% Gypsum/Binders 97% DW Paper I Tape(Tan I White) 25% Cellulose Fibers 100% P Joint Compound(White) 309o' Calcite I Talc I Binders 100% Texture(White) 35% Calcite I Talc I Binders 100% FTW-121317-148 Plaster(Grey) 100% Aggregate 65% 12/15 TS Calcite/Binders 35% FTW-121317-149 Plaster(Grey) 100% Aggregate 65% 12/15 TS Calcite/Binders 35% i Moody Labs PLM Detail Report NVLAP Lab Cade 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14918 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date : 12/15/2017 Project#: 21836 Page 2 of 3 Sample Number Layer % Of Components %of Analysis Analyst ISample Layer I Date FTW--121317-150 Drywall Material(White) 50% CelIulose Fibers 5% 12/15 TS Gypsum/Binders 95% DW Paper Facing(Tan) 40% Cellulose Fibers 100% Paint(Tan) 10% Pigment/Binders 100% No Joint Compound FTW421317--151 Drywall Material(White) 30% Glass Wool Fibers 2% 12/15 TS Cellulose Fibers I% Gypsum/Binders 97% DW Paper/Tape(Tan/White) 35% Cellulose Fibers 100% Joint Compound(Tan) 20% Chrysotile 2% Calcite/Talc/Binders 98% Texture(Tarr) 15% Chrysotile 20/0 Calcite I Talc I Binders 98% FTW--121317-152 Drywall Material(White) 30To Glass Wool Fibers 2% 12/15 TS Cellulose Fibers 1% Gypsum/Binders 97% DW Paper/Tape(Tan/White) 30% CeIlulose Fibers 100% Joint Compound(Tan) 25% Chrysotile 2% Calcite/Talc/Binders 99% Texture(Tan) 15% Chrysotile 2% Calcite/Talc/Binders 98% FTW--121317-153 Drywall Material(White) 20% Glass Wool fibers 2% 12/15 TS Cellulose Fibers 1% Gypsum./Binders 97% DW Paper/Tape(Tarr/White) 50% Cellulose Fibers 1006/0 Joint Compound(White) 15% Calcite/Talc/Binders 1000/0 Texture(White) 15% Calcite I Talc I Binders 100% Moody Labs PLM Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Sunn ary Report TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone:(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 17B-14918 Project: COFW,Ft Worth Courthouse, 1000 Throckmorton,Ft Worth Report Date: 12/15/2017 Project 1#: 21836 Page 3 of 3 Sample Number Layer %Of Components %of Analysis Analyst Sam le Layer Date FTW-121317--154 Drywall Material(White) 65% Cellulose Fibers 3% 12115 TS Glass Wool Fibers I% Gypsum/Binders 96% DW Paper Facing(Tan) 20% Cellulose Fibers 100% Paint(Off-White) 15% Pigment/Binders 100% No Joint Compound FTW-121317-155 Black Mastic(BIack) 10% Chrysotile 3% 12115 TS Tar Binders 97% ? Clear Mastic(Clear) 25% Glue Binders 100% Leveling Compound(Grey) 65% Cement Binders 100% f fi 1 i 1 M CU z a O p Z 1 � U M to � N LL 9 w � o rL ' cu `� q � h U-a- LO (D CQ o o - to co 7 C h a`i mo 1 tt vg C7 ELLI a - { _ 14 Q I r � m m _ o `A o En h yy r s U �G _it) t7I 'io d w c oa w � c CO tO M sQ �7- \rl tm ❑ a 1 Z L E.L Uil O F _ _ a- - w a a- - T` ']"- LY D, a wL cu © aui Ti 6 LU O 0 z o 0 m N LIJ uzJ OLL D d t- u r � Q 7i °� D oa ❑ ❑ � c4 v LL h IDzz LO CY) E O a �L O d1 ti O � a -— N N O A e1 o z a F C -0 CL a � d -�. [- W af - - - - - 0 EL ° [d # PLM Sunma>ry Report = -' NVLAP Lab Code 102056-0 2051 Valley View Lane TDSHS License No.30-0084 Farmers Branch,TX 75234 Phone: (972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 188-00563 002 Project: Marshall Bldg., 1000 Throckmorton,Fort Worth Report Date: 01/19/2018 Project#: 21836 Sample Date :01/17/2018 Identification : Asbestos,Bulb Sample Analysis j Test Method : Polarized Light Microscopy/Dispersion Staining(PLM/DS) EPA Method.600/R-93/I I6 Page I of 1 On 1/17/2018,five(5)bulk material samples were submitted by Tracy Bramlett of Industrial I3ygiiene&Safety Technology for asbestos analysis by PLMIDS.The PLM Detail Report is attached;additional information may be found therein.The results are summarized below: Sample Number Client Sample Description/Location Asbestos Content FTW-011718-001 Plaster/Scratch Coat, IT Room None Detected-Bottom Plaster None Detected-Top PIaster 2%ChrysotiIe.-Texture FTW-011718-002 Plaster/Scratch Coat, Group I None Detected Plaster FTW-011718-003 Plaster/Scratch Coat, Hall 4 2% Chrysotile--OId Texture None Detected-New Texture FTW-011718-004 PIaster/Scratch Coat, Hall I None Detected-Bottom Plaster None Detected-Top Plaster None Detected-Texture l FTW-011718-005 Plaster/Scratch Coat, HaI12 None Detected--Texture i 1 i I These samples were analyzed by layers.Quantification,unless otherwise noted,is performed by calibrated visuat estimate.The test report shall not be reproduced,except io frill,without written approval of the laboratory. The results �� relate only to the items tested.These test results do not imply endorsement by NVLA P or any agency of the U.S. Government.Accredited by the National Voluntary Laboratory Accreditation Program for Bulk Asbestos Fiber Analysis LAB #102056 0 under Lab Code 102056-0. Analyst(s). Melissa Garcia Lab Manager : Heather Lopez Approved Signatory: Lab Director :Bruce Crabb Approved Signatory - - Thank you for choosing Moody Labs This (Page Left Intentionally Blank Moody Labs PUNT Detail Report NVLAP Lab Code 102056-0 2051 Valley View Lane Supplement to PLM Summary Report TDSHS License No.30-0084 Fanners Branch,'TX 75234 Phone:(972)241-8460 Client: Industrial Hygiene&Safety Technology Lab Job No. : 18B--00563 002 Project: Marshall Bldg., 1000 Throckmorton,Fort Worth Report Date : 01/19/2018 Project#: 21836 Page IofI Sample Number Layer %p Of Components 0/0of Analysis Analyst Sam le La er Date FTW-011718-001 Bottom Plaster(Tan) 79% Cellulose Fibers 5% 01/18 MG Aggregate 60% Calcite/Binders 35% Top Plaster(White) 20% Aggregate 65% Calcite/Binders 35% Texture(Off-White) 1% Chrysotile 2% Calcite/Talc/Binders 98% FTW-011718-002 Plaster(White) 100% Aggregate 65% 01/18 MG S Calcite I Binders 35% r _ FTW--011718-003 Old Texture(Off-White) 5% Chrysotile 2% 01/18 MG Calcite/Talc/Binders 98% ti New Texture(White) 95% Calcite I Tale I Binders 100% FTW--011718-004 Bottom Plaster(Tan) 30% Aggregate 65% 01118 MG Calcite/Binders 35% Top Plaster(Off White) 67% Aggregate 65% Calcite/Binders 35% Texture(White) 3% Calcite I Talc I Binders 100% FTW-011718-005 Texture(White) 100% Calcite/Talc/Binders 100% 01/18 MG r 1 f i F i a r� x O O � n cono coo w ui a iz N U W W c a� od z U Zo xn W r�nCOD W E rW1innP�i H 4 m CO W w um H l E Q - -_ -_- ---- r pLO 1 i E ti � o f co -A O _.._. . -------- ii - S^ E I o a { U O M1 LU U) o i n ' t ' a Jv o u o Industrial Hygiene and Safety Technology,Inc. 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IHST Project Number! 21836 LA P ocafln oil oozq Vow Me- mewad 1 I IT Asbestos Survey Appendix City of Fort Worth-Public Safety Building 1000 Throckmorton Street au.l�ar y�le�.�a Fort Worth,TX w,T.Wn q.In _ i A o i a 4 � 0 0 o M p eh rl+ (A O a) to rn O N_ cm a. a d' i� t�C d• ER. 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IHST Project Number: 21836 Asbestos Survey Appendix City of Fort Worth-Public Safety Building 1000 Throckmorton Street Fort Worth,TX ( s.eyr�n�ynme. E Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas y _1 4A ��. rkr til } Samples 007-009 I ti •�y * I Samples 010-012 Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas 31 i r i Samples 013-015 7 T Y u r L r +� •- Samples 016-018 Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas I• ITT i *� I Samples 019-032 +fi i� 'I I Samples 033-046 E - Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas -I .jk�j ,M, ;4_ 4,1 i Samples 047-053 qw III kv IL V 1 t A R It jP � •� � .'w � -7' y t Samples 054-059 Public Safety Building AG Marshall 1000 Throckmorton Dort Worth, Texas _a Samples 060-064 '. � .4 -• -f a�* Samples 065-067 r Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas 1 i i Samples 068-070 5 } i Samples 071-073 Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas s. .0 ti ' 4 ' - - .• T-- Samples 074-076 Samples 077-079 Public Safety Building AG Marshall 1000 Throckmorton Port Worth, Texas pr f ti Samples 080-082 Zr .�o 1 Samples 083-085 I Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas Ila i ti Samples 086-088 Samples 089-091 Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas i 1.' 7 7 t Samples 092-094 { t Ll �I � �II4 11F µh i i Samples 095-097 t F Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas i I Samples 098-100 Samples 101-103 Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas 1 k � L I I � h l i f i 1 Samples 104-106 5 i f i { I i Samples 107-109 Public Safety Building AG Marshal 1000 Thr ckm oRon Fort Worth, Texas . , . Samples 11Q 112 A% e— � : �� . . . . . � Samples ±13 a1 Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas f � I t Samples 116-118 t r 1 .y• 1 Samples 119-121 5 Public , ,■■ Throckmorton Fort Worth, Texas Samples 122-124 - ' � . � � . - - - . �7 . may k� \��f . � Samples Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas _ I ! i f r - =a _i 1 I 4 - Samples 128-130 I f } ; S l+ 1 � Samples 131-133 i j Public Safety Building AG Marshall 1000 Throckmorton Fort Worth, Texas i Samples 134-136 .41 Samples 137-139 Public , - Building AG Marshall ■„ Throckmorton Fort Worth, Texas Samples • , , G � � Assumed ACM Pipe Insulation THIS COPY TS FOR; CONTRACTOR CITY SECRETARY SPONSORING DEPT PROJECT MANAGER TPW PILE COPY THE CITY OF FORT WORTH, TEXAS A.D. MIarshO YuhHe Safety & Municipal Courts Mdg. IFArrst Moor Remodel & AeeessibUfty Ihmp (AIDA ffmpr®vements) PMID2010-16 1�10RYV I IHO Aj . BETTY PRACE .RAVED COOKE MAYOR CITY MANAGER Steve Cooke Director, Property Management Department Theresa A. Ewing Municipal Court Services Director, Municipal Courts Department 5 I Arthur Weinman Architect October 2018 1 i E a o LL 0 In ti 15 G) , S { OD 111 LL CD � & C) Qj � � d - o � a VA ``. Q�3 a? Lli LL kc) .9 o r , m Y p} D { o yam, N � f N Cd m c� O-,m W olu N � (� �J N � f 0 t CS (CJ � / \ \ � � � � � \ � � m � / ~ � E � \ - A met E_ »_ > 00 J � \ 2 � � « « 5 / / � 2 m �- � \ � m � lid o5 OL f' OR Ql— ti } p U' 13, o m o a� I 75 CL Q o h S J� J W �S XD 0064 U � Fx 'E lop Yti QI Q ; O O [] T G = O f U LL d x c p N G 1p n l f CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 4 A.D. Marshall Public Safety & Municipal Courts Building ADA Ramp Request for Proposals Submittal Date: October 25, 2018 (NO CHANGE) r The Request for Proposals for the "Project"noted above is hereby revised and amended as follows: 1. The 1937 Original Construction Drawings (Partial Set) of the A.D. Marshall Public Safety& Municipal Courts Building is provided as part of this Addendum and referred to as Attachment No. 1. (Attachment No.1) r 2. Specification Section 09841 —Fabric Covered Acoustic Wall Panel shall be deleted from ` Project's scope of work. s I Acknowledge the receipt of this Addendum No. 4 on your Proposal. STEPHEN COOKE s DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT r By: Brian Glass, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 F RELEASE DATE: October 22, 2018 f F Addendum No.4 Page 1 of 1 A.D.Marshal!Public Safety&Municipal Courts Building—ADA Ramp October 2018 wwvl�w ENZYME A Oda �k4 PC '��I { 'I � ,r'� � � -•,1�s'.- 9� �"�' as. �`..- '.1 + f 9�i1 '�,! '�{- p��r�? ji Mf' %1�:' _ ':'',�+ yh-..'�iG`, 9 'f •' l .i i Gy1�.- � �" �r•''y5; 1 y'�1 J - ry J. Mill ti :�'1i1��� q.' 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IliiG'� i. {- "{ '" � � _ ' I ,� ! r Y � ���L•�.�{ i aa'a�a{{{{{` �� 1 'I � :,11 �C'`r '� ",YLi�f 4 _ ' )'r 'it ,' .. ,. '7� I-�_Y. �' •. y}pI '!.- L 1 � Y7 � ��i_t 11:.' �'_I` I'.'.r'•'.J _ .f .11 'wr I',s7-_#� '7.-, I ., .�I,I'r r� '4� r f i- �7�Tr-}I' .�,''. i. 'I� � ,I. '�'r.: ���'�� �jr I .I''' 'r l'. ���y', � { :, ��� _5•'� L,_ R:I'}�lo-'"I"�'Ir fe, 4f.'Ir' .I' '� -.',rr'' :_ti'•! ''1_ ,r.'�' I . . •' I I .. ' il.I�r� .r::.i{i>'E I'.`Fr ,' is' �_ �Jq '��-' ��, �� -. ,.f.. �_ _ I��!.. .:y'...51`;.-;:%� �`.'.KL,;�:`.•�F�f.�.,, r'.`iLli��rL lk�l` -,'.l���l .'�-':}'..�F�:�'`�• .. �O WO ll TH r F CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT r ` ADDENDUM NO. 5 A.D. Marshall Public Safety & Municipal Courts Building ADA Ramp Request for Proposals Submittal Date: October 25, 2018 (NO CHANGE) The Request for Proposals for the"Project" noted above is hereby revised and amended as follows: 1. Clarification pertaining to Sheet E2.0, Renovation Second Floor Plan-Power(Add Alternate t No. 2) 1 st Floor&2nd Floor Remodel &Accessibility Upgrade:There are no electrical power plans for the 2nd floor Women's Room#3, Men's Room#4 and Uni Restroom—Jury#5 as 4 there are no electric service outlets in any of these three rooms. They are not required by code and so are not included in the accessible renovation as a cost savings. 2. Specification Section 01210---Allowances shall be deleted from Project's scope of work. Refer to the latest"Proposal' form for designated Allowances. 3. Hazardous Material Removal shall be done by City of Fort Worth. Refer to Addendum No. 3 of this Project for more pertinent information. 4. Clarification pertaining to Concrete Vault Ceiling: Brace the concrete vault ceiling at Mens Room #2 on the second floor of the Municipal Court Building as shown by the attached detail 18/XA-2.2, revised reflected ceiling plan 11A-2.1 and revised floor plan 2/A-2.2. (Attachment I No. 1 &Attachment No. 2 &Attachment No. 3) 5. Additional Notes and Clarifications: a. Remove all cabinets and display boards installed on the west wall of Room #2 Court Clerks, repair wall and base and refinish. b. Contractors' s dumpster location for the project shall be coordinated with the City of Fort Worth. c. General Contractors offices may be located in first floor Room #103 Office. d. As stated in the Specifications Contractors may perform work in only two of the five courtrooms at the same time. The Owner must have three of the five courtrooms in j service for court duties at all times. e. As shown on sheet M-2.0 air exhaust for 2nd floor Mens Toilet Room #4 and Unisex Toilet Room #5 shall be taken through the chase wall between the two rooms and then down, as shown on sheet M-1.0 and combined with the exhaust for 181 floor Mens Toilet Room #8 and Womens`toilet Room#9 then ducted west overhead on t the first floor level to an exhaust through the roof over the first floor outside the second floor set back. Please note that this small amount of roofing work and flashing is included as part of the project. f. Any substitute offered for the specified Kawneer Trifab VG451 t thermal framing and thermal glass glazing system must have the same 2 inch by 4-1/2 inch dimensions, thermal break and structural qualities with Kawneer internal bracing as does the Kawneer glazing system. All substitutes must be approved before bidding as stated in the Specifications. i Addendum No.5 Page 1 of 2 A.D,Marshall Public Safety&Municipal Courts Building--ADA Ramp October 2018 g. Contractor shall return all existing automatic-flush water closet valves found during demolition of the existing toilet rooms back to the Owner. h. Contractor shall return the existing electric door opener device and associated switches and controls equipment found operating the second floor corridor door to be removed by the Contractor. i. Removal of the concrete vault partition between the existing Janitors Closet and proposed Men's Toilet Room#4 shall Acknowledge the receipt of this Addendum No. 5 on your Proposal. STEPHEN COOKE DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: Brian Glass, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 RELEASE DATE: October 23, 2018 Addendum No.5 Page 2 of 2 A.Q.Marshall Public Safety&Municipal Courts Building—ADA Ramp October 2018 / h 1 /4 P # M 5 I A -A`1 J--)_ fIr Cm Ll r-I 071 j t_ cr ` A.s ueJ,—� -7 m —i�A 0"-'� -7h n-L , y it 4—u .W lM IAA 9—T 1 { CC?J2Ct (awing rrr AR`IHtT �E1N1�I N 161XA� f . 3717 Stoney Creek Road, Fare Wonfi,Texas 76115 = .m �vd7o� mA ax m ae i 0AI 0 a I#enu s XVV1mow 77U 7/ / 95 Bo-mna 7Hno -lVdOwnne kL+q oiond 2d Avw3 Y _ \ J; . 91 M � / ! 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Marshall Public Safety & Municipal Courts Building ADA Ramp Request for Proposals Submittal Date: .November 1, 2018 (CHANGED) The Request for Proposals for the"Project" noted above is hereby revised and amended as follows: 1. Proposals will be received at the Purchasing Office, City of Fort Worth, 200 Texas Street, t Fort Worth, 76102, until 1:30 P.M on Thursday, November 1, 2018 and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers for the r following Project: 2 1 Acknowledge the receipt of this Addendum No. 6 on your Proposal. STEPHEN COOKE l DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: Brian Glass, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 M RELEASE DATE: October 25, 2018 i d Addendum No.6 Page 1 of 1 A.D.Marshall Public Safely&Munlcipal courts Building—ADA Ramp October 2018 P�O RK7 WORTHID CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 7 A.D. Marshall Public Safety & Municipal Courts Building ADA Ramp Request for Proposals Submittal Date: November 1, 2018 (NO CHANGE) The Request for Proposals for the"Project"noted above is hereby revised and amended as follows: 1. Sheet P3.0, Plumbing Fixture Schedule, Plumbing General Notes, and Plumbing Legend (15t Floor&2nd Floor Remodel &Accessibility Upgrade) is provided as part of this Addendum No. 7. (Attachment No.1) 4 2. The Electrical Plans for this Project are provided as part of this Addendum No. 7 and in reference to scope of work for Alternates No. 1 &No. 2. (Attachment No.2) i Acknowledge the receipt of this Addendum No. 7 on your Proposal. STEPHEN COOKE DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: Brian Glass, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 1 RELEASE DATE: October 26, 2018 4 Addendum No.7 Pagel of 1 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp October 2018 ,9, liJbd 1J�f 021d zomf S"31 `HMOM 1NO3 FBI �ro-�w £'0,�s miv.srxi�9uwJ JkW 'mna x�no x3rws cvs 133N15 N01210SNA00NH1 DOO l R o 30VNOdn 111"11U1SSJDDV q �300AIH NOOl3 PuZ 1st a m NVNiI�iI� 2iI1H-LHV ONIa�1fl9 s��no� �vdlDINn�v u3jds nand ��eHsavw a v o� $ Z� 6 R6 iY mil` lop a�3d s _ ONE; g qo R iORBaim f €as T � x Up HEN; H Mull gl =3" �g= �� 3 Ey AW tl ff 33 a ills 11 B � � � ��s �� ����� 0 a Howl ill ���"�� � � a use in.j n� a a 111 a=a y o g al , at,3�' �� a SU RN" wK AIR929 In. 0" H 11__ 1 N-M Ill h J i I iI 1 7 ZOS9L SVX31 `HMOM 1ND3 ,a, .LNNd 103POHd _+. ! nsesviw'HleO'4iuo� maaxmp+armscur< 133N1S N01HONNOMH1 0001 Yg I I & 1 0 3 1 1 H D N V 3DVNodfl 1,1111131SS30JV ?8 l3QOW3N WDIJ PVZ V ESL ATVWNIRMHIIHJuv omcnno Slanoo -lVdID[Nnvq 29 A13JVS onand IIVHSavw 'a .y e_ j Asa 6 3� e ¥W 543 y =n sus. 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Ewing Municipal Court Services Director, Municipal Courts Department Arthur Weinman Architect March 2019 Instruction to Offerors(October 2017) Page. of 32 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 t i NOTICE TO OFFERORS Proposals will be received at the Purchasing Office, City of Fort Worth, 200 Texas Street, Fort Worth, s 76102, until 1:30 P.M on Thursday, October 25, 2018 and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers for the following Project: This solicitation is for renovations and improvements at the A.D. Marshall Public Safety Building at 1000 Throckmorton Street, Fort Worth, Texas 76102. The project includes adding a new accessible ramp entrance, and associated interior renovations to the Parking Bureau Office and the seating area for f Municipal Court#2 necessary to accommodate the new ramp entrance. There are two alternate bid items to also renovate the second floor Municipal Court#1, and renovation/new construction for accessible restrooms on the second floor. Project shall be bid using the Davis-Bacon Prevailing Wage Rates (Davis-Bacon Act & Compliance Information). ( After evaluating the Proposals submitted, the City shall select the Offeror that offers the Best Value to the k I City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with such modification. s A Pre-Proposal Conference will be held at 10:00 A.M., Wednesday, October 10, 2018, at the Architectural Services Conference Room, 401 West 13'h Street, Fort Worth Texas 76102. A site visit will follow. The last day for questions from prospective Offerors is at 5:00 PM on Wednesday, October 17, 2018, The offers will be valid for NINETY (90) calendar days. The estimated cost of construction for the base bid is approximately $500,000.00. There are two alternates. One alternate is for second floor restroom changes, and the other alternate is for renovation of the second floor Municipal Court#1. Alternates shall be i priced based on David Bacon Wages. The Offeror will add a 7.5% Owner's Contingency Allowance on a separate line item on the Proposal form and only the Owner will approve the use of this allowance during construction. Any Allowance remaining at a the end of construction will be retained by the City of Fort Worth. This Allowance is not to be included in the t Base Proposal and will not be used in the Best Value selection process. Refer to the evaluation matrix for the selection of the Best Value Offeror in the Instructions to Offerors. Refer to the Request for Proposal documents for the Minority Business Enterprise (MBE) Information. MBE participation will be evaluated in awarding this Contract. The MBE participation goal is 15%. Offerors must submit the attached Best Value Utilization Form within 5 business days of submitting their Best Value Proposal. Failure to document proposed attainment will remove the Proposal from further consideration. Also, Refer to Section 2. MINORITY BUSINESS ENTERPRISE (MBE) (BEST VALUE PROPOSAL) in the Instructions to Offerors. { Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions, Drawings, and Specifications through their printer. The construction documents are not available at the City but may be viewed and printed on-line by cutting and pasting the following link into your browser. https://nroj ectpoint.buzzsaw.com/tortworthgov/PMD%20ProiectslMunicipal%20Court%20ADA%20Raznt�?public f1 i Instruction to Offerors(October 2017) Page 2 of 32 1 March 2019 A.D. Marshall Public Safety&Municipal Courts Building—AflA Ramp(Oct 2018) Contact the Project Manager, Alfonso Meza, at (817) 392-8274 or email A_lfonso.Meza@fortworthtexas.gov for assistance. For additional information contact the Project Architect, Art Weinman, at (817) 737-0977 or email art_wa@swbell.net Advertisement: September 27, 2018 October 4, 2018 Instruction to Offerors(October 2017) Page 3 of 32 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 i TABLE OF CONTENTS F PROJECT COVER PAGE NOTICE TO OFFERORS r TABLE OF CONTENTS o INSTRUCTIONS TO OFFERORS PROPOSALFORM m CONFLICT OF INTEREST AFFIDAVIT G CONFLICT OF INTEREST QUESTIONAIRE (CIQ) i o CONFLICT DISCLOSURE STATEMENT(CIS) 0 O TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE ® WEATHER TABLE i 1 ® GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ® CONSTRUCTION CONTRACT O PAYMENT BOND G PERFORMANCE BOND ® CERTIFICATE OF INSURANCE a CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW ® PROJECT SIGN ® DAVIS-BACON ACT AND COMPLIANCE INFORMATION t r Instruction to Offerors(October 2017) Page 4 of 32 A.D.Marshall Public,Safety&Municipal Corms Building—ADA Ramp(Oct 2018) March 2019 f INSTRUCTIONS TO OFFERORS 1. PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals: a Use the Proposal Form provided below. r6 Entries on the Proposal Form may be handwritten or typed. ® Write in contract duration if not specified. ti Acknowledge all addenda on the Proposal Form. Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice- president must sign the Proposal. If the Offeror is a partnership, then the personfentity who is the managing/general partner must sign the proposal. ® Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form CIO and Farm CIS if required.) ® Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted. 0 In order for a surety to be acceptable to the City, the surety must(1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of j any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, a will determine the adequacy of the proof required herein. 1A. SELECTION OF CONTRACTOR: 9 The City shall select the Offeror that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror, the City will consider: 1. Proposed Price (60 points) — The lowest priced responsive Proposal will receive 60 points for this rating criterion. Higher priced proposals will receive proportionally lower scores. i When compared to the lowest price, the higher priced proposal will have its score reduced by one percent(1 point)for every percent it is higher than the lowest price. The score will be rounded to the nearest whole number. j 2. Proposed level of MBE participation (10 points). 3. Proposed project schedule (10 points) --The proposal with the shortest valid schedule will receive 10 points for this rating criterion. Longer schedules will receive proportionally lower 1 scores. 4. References/Experience (10 points) - References and experience of the Offeror as demonstrated by listing past and current projects including references with names and current telephone numbers; and, list of subcontractors if applicable. Instruction to Offerors(October2017) Page 5 of 32 A.O.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 5. Past relationship with the City (10 points) — Offeror's past relationship with the City of Fort Worth for "vertical" facilities projects shall receive up to 10 points for this rating criterion. If the Offeror does not have a past relationship with the City of Fort Worth, the Offeror will receive 5 points for this rating criterion. 6. If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of how many points could have been earned in the other categories. After ranking the responses to the Request for Proposal (RFP), the City shall first attempt to negotiate a contract with the selected Offeror. The City and its architect may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 2. MINORITY BUSINESS ENTERPRISE (MBE) (BEST VALUE PROPOSAL) Minority Business Enterprise Provisions:_ As of June 1, 2012, The City of Fort Worth implemented a new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. During this transition period interested Offerors must obtain a MBE listing from the MIWBE Office. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority Business Enterprises (MBE) in the procurement of goods and services. If the total dollar value of the contract is greater than $50,000, then an MBE subcontracting goal may be applicable. The MBE goal on this project is 15% for Part"A". Offerors must submit a Utilization Plan within 5 business days of submitting their Best Value Proposal. The information shall include: (1) the name, address and telephone number of each MBE; (2) the description of the work to be performed by each MBE; and (3) the approximate dollar amount/percentage of the participation. Refer to the attached City of Fort Worth Best Value Utilization Form. A Minority Business Enterprise is defined as a business concern located in the Marketplace meeting the following criteria: a. is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. management and daily business operations are controlled by one or more minority persons who own it. The business must be certified prior to recommendation of award in order for the participation to be counted towards the established goal. Instruction to Offerors(October 2017) Page 6 of 32 A.D.Marshall Public Safety&Municipal Courts Building--ADA Ramp(Oct 2018) March 2019 Offerors must submit the best value utilization form within 5 business days of submitting their Best Value Proposal. If an Offeror is certified as a DBE, MBE, SBE or WBE firm, please be aware that the City's Ordinance does not allow a certified company to count itself towards the established goal; the goal represents subcontracting opportunities. If an Offeror (regardless of certification status or if a non- DIMISIBE), however, forms a joint venture with one or more MBEs, the MBE joint venture percentage participation will be counted towards the established goal. The appropriate City of Fort Worth Joint Venture form must be submitted for review and approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures. If Offeror failed to meet the stated MBE goal, in part or in whole, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure MBE participation. Failure to submit the MBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated MBE goal, may render the proposal non- responsive. The MBE plan will be part of the final weighted selection criteria. 3. PROPOSAL SECURITY: Cashier's check or an acceptable Offeror's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the Proposal submitted (See paragraph 1 above). The Proposal Security must accompany the Proposal and is subject to forfeit in the event the successful Offeror fails to execute the contract documents within ten (10) days after the contract has been awarded. The Proposal Security shall be included in the envelope containing the Proposal. Failure to submit the Proposal Security will result in the Proposal not being considered for this project. i Offeror's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of proposals, unless the Offeror agrees to an extension. The surety must be licensed to do business in the state of Texas. a 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of$25,000, the successful Offeror entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 ? from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be i determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. 1 If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of a the work. 1 Instruction to Offerors(October 2017) Page 7 of 32 A.Q.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. 5. PRE-PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Offeror shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a response by the Offeror shall be considered evidence that it has complied with these requirements. 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 7. WAGE RATES: Not less than the prevailing wage rates set forth in the Contract Documents must be paid on this project. 8. POST PROPOSAL - PREAWARD SUBMITTALS: Offerors are required to submit seven (7) copies of the following information to the Architectural Services Office, 401 West 13th Street, Fort Worth, Texas 76102 (phone number 817-392-2686), within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: ® Minority Business Enterprise Documentation (for proposals in excess of$50,000) Contractors Qualification Statement(AIA Form A305), including client references s List of current projects & past projects built within the last 10 years, including owners' and architects' names with contact information for both current& past projects. 0 Proposed Subcontractors and Suppliers Project Schedule ® Schedule of Values (Breakout by CSI Divisions) ® Proof of insurability for Statutory Workers Compensation Insurance 9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: Should an Offeror find any discrepancies in the drawings and specifications, or should it be in doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Offerors at the place designated for distribution of the Request for Proposal Documents by the Notice to Offerors. The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a response to this request for sealed proposals. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. Instruction to Offerors(October 2017) Page 8 of 32 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) Marcie 2019 f 11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of insurance, or other proof that Workers 1 Compensation Insurance will be obtained, must be submitted within five working days of bid opening. 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth building and Trade Permit fees are waived. Separate permits may be required for each work location. 14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the Base Proposal. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. The Contractor will be responsible for all fees for electrical, gas, and other utilities within the property line of the project. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. 15. BID DOCUMENTS: Hard copies of bidding documents may be downloaded and printed by the Offeror. 16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also, refer to specification's product requirements. 17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will, at the minimum, include the following: quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. .I 19. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission regulations require that the business entity must fill out the Form 1295 on an electronic filing application on the Texas Ethics Commission website (www.ethics.state.tx.us). The business entity that wishes to enter into the contract must supply the completed, signed and notarized Form 1295 to the City. I 20. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not 1 legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. i Instruction to Offerors(October 2017) Page 9 of 32 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 21. House Bill 89: Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Instruction to Offerors(October 2017) Page 10 of 32 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 s TICS COPY IS FOR: CONTRACTOR I CITY SECRETARY SPONSORING DEPT PROJECT MANAGER TPW FILE COPY TFIE CITY OF PORT WORTH, TEXAS r Aa110 Marshall Public Safety & Mum'cIlpaR Co rtg Mdgo First Door Remodel & Accessibility Ramp (AIDA Ilmpr®vements) } JPMU2018-16 i Part "A" 4.0 R s .r .. -BETSY PRICE DAVID cCOOKE MAYOR CITY MANAGER Steve Cooke Director, Property Management Department Theresa A. Ewing Municipal Court Services Director, Municipal Courts Department , Arthur Weinman Architect a t s Submitted By: October 2018 The MARK IV Construction Group, LLC 5821 Egg Farm Road, Suite 2920 i Fort Worth, TX 76244 i Phone: (817) 337-3343 PROPOSAL TO: MR. DAVID COOKE CITY MANAGER ATTN: PURCHASING OFFICE 200 TEXAS STREET CITY OF FORT WORTH, TEXAS FOR: A.D. Marshall Public Safety& Municipal Courts Building First Floor Remodel&Accessibility Ramp, Part"A" 1000 Throckmorton Street Fort Worth, Texas Project PMD2014-04 Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum,to wit: DESCRIPTION OF ITEMS Part"A"--Davis-Bacon Prevailing Wage Rates. $ 548,716.38 Base Proposal 60 Calendar Days $ 41,153.73 Owner's Contingency Allowance (7.50%) added to Base Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base Proposal. Only the Owner will approve the use of this Allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth). $ 589,870.11 Base Proposal Plus Owner's Contingency Allowance Part "A"—ALTERNATES--Davis-Bacon Prevailing Wage Rates. Add Alternate No. I —Renovation of Second Floor existing Courtroom#1 and Court Clerks rooms. Add Alternate No. 1 $ 203,247.15 Add Calendar Days 40 Add Alternate No. 2—Renovation of Second Floor existing restroom and construction of two single- compartment restrooms. Add Alternate No. 2 $ 230,493.95 Add Calendar Days 45 Instruction to Offerors(October 2017) Page 11 of 32 A.D.Marshall Public Safety&Municipal Courts Building--ADA Ramp October 2018 4 1 Part"A"—UNIT PRICES—Davis-Bacon Prevailing Wage Rates. i A. For INCREASE of drilled pier shafts, complete with drilling, excavation, concrete, and y reinforcing: 1. For 18"diameter piers: ADD—$ 350.00 per linear foot 2. For 24"diameter piers: ADD—$ 362.50 per linear foot B. For DECREASE of drilled pier shafts, complete with drilling, excavation, concrete, and reinforcing: r 1. For 18"diameter piers: DEDUCT— 2$ 30.00 per linear foot 2. For 24"diameter piers: DEDUCT—$ 240.00 per linear foot I Note: Deduct price shall be minimum 66%of add unit price. C. For ADDITION of temporary metal casings for drilled pier shafts: 1. For 18"diameter piers: ADD--$ 437.50 per linear foot 2. For 24"diameter piers: ADD--$ 500.00 per linear foot 1 The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offeror. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to ` the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). S Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the j state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. i A. �_� Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. 1 J, 1 Non-resident vendors in (give state), are not required to underbid resident bidders. B. IN Our principal place of business or corporate offices are in the State of ' Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars ( is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. i Instruction to Offerors(October 2017) Page 12 of 32 s A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp October 20f 8 MINORITY BUSINESS ENTERPRISE (MBE): (For Proposals in excess of$50,000) I am aware that I must submit information to the Director, Property Management Department, concerning the MBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted, The MARK IV Construction Group, LLC Comp ny Name By: PN- L-1 Signature Amy Cope President Printed Name of Principal Title Address: 5821 Egg Farm Road, Suite 2920 Street Fort Worth 76244 City Zip Phone: 817-337-3 343 Fax: NIA Email: scope@marklvconstruction.net Receipt is acknowledged of the following addenda: Addendum No. 1: X Addendum No. 2: X Addendum No. 3: X Addendum No. 4: X Addendum No. 5: X Addendum No. 6: X Addendum No. 7: X Addendum No. 8: Addendum No. 9: Addendum No. 10: Instruction to Offerors(October 2017) Page 13 of 32 A.Q.Marshall Public Safety&Municipal Courts Building--AQA Ramp October 2018 I CONFLICT OF INTEREST AFFIDAVIT _ Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth(also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form)below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work.The referenced forms may be downloaded from the website links provided below. { http://www.etbies.state.tx.us/forms/CIQ.pd http://www.etbics.state.tx,us/forms/CJS.pd [UQ Form is on file with City Secretary [:BQ Form is being provided to the City Secretary [MS Form is on File with City Secretary + ©S Form is being provided to the City Secretary BIDDER: The MARK IV Construction Group, LLC By. Amy Cope Com any (Please Print) f r Signature: 5821 Egg Farm Road, Suite 2920 Address Fort Worth, TX 76244 Title: president City/State/Zip (Please Print) 1 I I ` Instruction to Offerors(October 2017) Page 14 of 32 1{ A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp October 2018 CONFLICT OF INTEREST Q. UESTIONNAIRE FORM 0 For vendor doing business with local governmental entity i This questionnaire reflects changes made to the law by H,13. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the 1 vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. � 2 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate_) 1 3 Name of local government officer about whom the information is being disclosed. t Name of Officer 41 Describe each employment or other business relationship with the local government officer, or a family member of the Officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subpartsA and B for each employmentor business relationship described. Attach additional pagestothis Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? F7 Yes El No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1 No ' $ Describe each employment or business relationship thatthe vendornamed in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percont ormore. 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 ra t + Signature of vendor doing business with the governmental entity Date irtrrrAfitarmfdtltfQstlCitQ�c�r�mission www.ethics.state.tx.us Page 15 of32Revised 11/30/2015 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 PART 1 - CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:llwww.statutes.legis.state.tx.us/ Docs1LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more I parties based on commercial activity of one of the parties. The term does not include a connection based on: i (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. 1.1 LOCAL GOVERNMENT CODE§176.003(A)_(2)(A)AND(13): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if (2) thevendor: (A) has an employment or other business relationship with the local government officer or i a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,600 during the 12- month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor; (13) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the l date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or I (ii) the local governmental entity is considering entering into a contract with the vendor. 1.2 LOCAL GOVERNMENT CODE § 176.006 A AND A-1 (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1)The completed conflict ofinterest questionnaire m List be filed with the appropriate records administrator not later than the seventh business day after the later of (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Instruction to Offerors(October 2017) Page 16 of 32 A.D.Marshall Public Safety&Municipal Courts Building—AAA Ramp(Oct 2018) March 2019 LOGAV GOVERNMENT OFFICER FORM IGrS COWLICcI S DISCLOSURE STATEMENT ATEMENT i (Instructions for completing and fling this form are provided on the next page.) This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USEONLY I This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement pate Received in accordance with Chapter 176,Local Government Code. f 1 Name of Local Government Officer i 2 Office Meld 3 Name of vendor described by Sections 176.001(7)and 176.003(a), Local Government Code 4 Description of the nature and extent of each employment or other business relationship and each family relationship f with vendor named in item 3. I List gifts accepted by the local government officer and any family member, if aggregate value of the gifts accepted from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B). Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift i Date Gift Accepted Description of Gift i (attach additional forms as necessary) 6 AFFIDAVIT swear under penalty of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to each family member(as defined by Section 176.001(2), Local Government Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(B),Local Government Code. I I Signature of Local Government Officer AFFIX NOTARY STAMP ! SEAL ABOVE Sworn to and subscribed before me,by the said this the day of .20 to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath I Instruction to Offerors(October 2017) Page 17 of 32 A.l7ol[r a�paitl�Vlllidjc iyi ddlkari s+pait arts Building—ADA Ramp(OoVQ9A6)hics.state.tx.us March 2019 Revised 11/30/2015 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A 'local government officer"is defined as a member of the governing body of a local governmental entity; a director, superintendent, administrator,president,or other person designated as the executive officer of a local governmental entity;or an agent of a local governmental entity who exercises discretion in the planning,recommending,selecting,or contracting of a vendor.This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day afterthe date on which the officerbecomes aware of the facts that require the filing of this statement. Alocal government officer commits an offense iffhe officer knowingly violates Section 176.003,Local Government Code.An offense under this section is a misdemeanor. Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. PART 2 - INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the numbered boxes on the other side. 1. Name of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Office Held. Enter the name of the office held by the local government officer filing this statement. i 3. Name of vendor described by Sections 176.001(7)and 176.003(a), Local Government Code. Enter the name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or other business relationship with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code;b) has given to the local government officer or a family member of the officer one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code;or c)has a family relationship with the local government officer as defined by Section 176.001(2-a),Local Government Code. 4. Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. Describe the nature and extent of the employment or other business relationship the vendor has with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A),Local Government Code,and each family relationship the vendor has with the local government officer as defined by Section 176.001(2-a),Local Government Code. i 5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100, List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code) by the local government officer orfamily member of the off icerfrom the vendor named in item 3 that in the j aggregate exceed$100 in value. 6.Affidavit. Signature of local government officer. 1 Local Government Code § 176.001 2-a : "Family relationship" means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity,as those terms are defined by Subchapter B,Chapter573,Government Code. PART 3 - LOCAL GOVERNMENT CODE§176.003 A 2 A : (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12- month period precedingthe date that the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Instruction to Offerors(October 2017) Page 18 of 32 i A.D.Marshall Public Safety&Municipal Courts Building—ADA Rarnp(Oct 2018) March 2019 s TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE Name of Purchaser, Firm or Agency: City of Fort Worth Texas Address (Street&Number, P.O. Box or Route Number): 1000 Throckmorton City, State, Zip Code: Fort Worth Texas 76102 Telephone: 817 392-8360 1,the purchaser named above,claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice from: All vendors f Description of the items to be purchased, or on the attached order or invoice: All items except motor vehicles as fisted below Purchaser claims this exemption for the following reason: Governmental Entity I understand that I will be liable for payment of sales or use taxes which may become y due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used. 3 I I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of purchase,will be used in a manner other than expressed in this certificate and that upon conviction I may be fined not more than$500 per offense. Purchaser: � j Title: Purchasing Manager Date: February 1, 2007 a Note: This certificate cannot be issued for the purchase, lease or rental of a motor 1 vehicle. THIS CERTIFICATE DOES NOT REQUIREA NUMBER TO BE VALID a Sales and Use Tax"Exemption Numbers"or"Tax Exempt"Numbers do not exist. � i This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. J( Instruction to Offerors(October 2017) Page 19 of 32 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 r ' CITE'OF FORT WORTH WEATHER TABLE ` Average Clays h month Of fuhes of Rainfall Rainl nowlice anuary 6 2.51 Fobnia 7 2.23 March 9 3.49 tApril 7 2.97 ` may 10 4.56 June 8 3.31- July 4 1.83 August 5 1_98 _ September 5 2.34 s October 7 165 November 7 2.70 December 6 2.34 nually 81 33.81 (1)IMean number of days precipitation of 0-01,or more or 10 snvwlice (2)Avenge normal precipitation,In incltes This table is based on information reported from Dallas-Fort Wortb Internabonal Airport, Texas.Latitude 32 deg 54 ruin north,longitude 97 deg 02 min west,elevation(g€ound)551 ft. Average number of days of rain,snow,and ice days are based on records covering 21 years. Precipitation is based on recorded 10rmmation from 1996 through 2016 period_ This tabL-is to lie used as a baisis for calculation of excess rain or weather days for projects f wf i duration in calendar nays.If the site records indicate tftd the Contractor was unable to carry out operations roue to weather,it is counted as a weathef day_If the number of weather days exceeds the numberof average rain days plus the snowlice days for the contract duration,the contract will he adjusted by Mange Order_ 1 f Fit Worth W2atheTTaNe 24ApM 2017 l Instruction to Offerors(October 2017) Page 20 of 32 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 City of Fort Worth, Texas Property Management Department II Facilities Management Group/Architectural Services Division t GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to,the Contract, Notice to Bidders, Proposal, General Conditions, Special Conditions,Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or ll contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed,the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner,or Change Order,or by a written Field Order for a minor change. A-3 WORK; By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in four originals,with all required attachments, including required bonds and insurance certificates,by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the Contractor shall examine carefully the, plans, specifications, special provisions, and the form of contract to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be f performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A-S ONE UNIFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract.The intention of the Contract Documents being to provide for all labor,supervision, materials,equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade f meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS: In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions;and Construction Contract. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or + progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor, or Owner, and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect Contractor, or any subcontractor or materialsman,or involving any question of fault or liability of any party,the decision of the Owner shall be final and binding. A-9 CORRELATION AND INTENT: In general,the drawings indicate dimension, locations, positions,quantities,and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as ` similar parts that are detailed,marked or specified. If the drawings are in conflict or conflict with the specifications the better quality I or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 1 of 27 A.D. Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 A-10 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor electronic working Drawings and Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Speciftcations furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the Owner. They are not to be used on any other project and,with the exception of one Contract set for each Party to the Contract,are to be returned to the Owner on request at the completion of the work. A-11 MINORITY BUSINESS ENTERPRISE MBE POLICY: As of June 1, 2012, The City of Fort Worth has implemented Business Diversity Ordinance (BDO)to reflect the City's availability and disparity study findings and recommendations. During this transition period, interested Offerors must obtain an MBE list€ng from the MIWBE Office at 817-212-2674. This will ensure that the MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency(NCTRCA) located in the six (6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of:Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each MBF that it intends to use is located in the geographic marketplace that will be counted towards the established goal. The City of Fort Worth has goals for the participation of Minority Business Enterprises(MBE)in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting proposals are included. The City of Fort Worth MBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects. A-12 AGE: In accordance with the policy("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, 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 terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, 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 equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: 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, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA 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 agreement. A-14 IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement.Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services.Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. A-15 HOUSE BILL 89: Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it:.(1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractors signature provides written verification to the City that Contractor:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 2 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: The Architect is the person or person lawfully licensed to practice architecture ! identified as such in the Agreement. The Architect is retained by the Owner to prepare the construction documents and represent the Owner during the construction phase as directed by the Owner. j B-2 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Architect will provide general administration of the Contract on behalf 7f the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. [ B-4 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. { The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if 1 the work is proceeding in accordance with the Contract documents. On the basis of on-site observations,the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments, the Architect will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-5 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor,subject to the final decision of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-6 AUTHORITY TO STOP WORK: The Architect will have authority to reject work that does not conform to the Plans and Specifications. In addition,whenever, in its reasonable opinion, the Architect considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the Architect will have authority to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated, ` installed or completed. B-7 MISCELLANEOUS Shop Drawings, Submittals and Samples: The Architect will review Shop Drawings, Submittals and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. Change Orders: Change Orders, Owners Contingence Allowance forms, and Field Orders for Minor Changes in the work will be issued by the Owner through the Architect. 4 Guarantees: The Architect will receive all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner three copies of each guarantee. i Inspections:The Architect will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Substantial Completion. Operation and Maintenance Manuals_The Architect will receive on behalf of the Owner one hard copy and two digital copies of all applicable equipment installation,operation,and maintenance brochures and manuals required of the Contractor. J B-8 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Property Management Department, or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager,Assistant City Manager, and Director of the Property Management Department and members of the Facilities Management Division. A designated representative will be identified from within the Facilities Management Division to act as a point of contact for day-to-day contract administration. I General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 3 of 27 A.D.Marshall Public Safety&Municipal Courts Building--ADA Ramp(Oct 2018) March 2019 C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants that he has inspected the promises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction,easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the Architect. C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS. The Owner and Architect will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract Documents. On the basis of on-site observations and reports concerning the progress and quality of the work,the Owner and Architect will approve and authorize the Contractor's applications for payments. C-S AUTHORITY TO STOP WORK: The City will have authority to reject work that does not conform to the Plans and Specifications. Whenever, in its reasonable opinion, the City considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the City will have authority to require the Contractor to stop the work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. The Contractor shall be responsible for the cost of special inspections and testing for work that is found not to comply with the plans and specifications. C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is substantially complete,the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA document G704,which is to be prepared by the Architect and signed by the Contractor,and accepted,approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any direcfiy pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term "subcontract"as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code. C-9 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the project is terminated,the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. C) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. SECTION D CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative. General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 4 of 27 A.D.Marshall Public Safety&Municipal Courts Building--ADA Ramp(Oct 2018) March 2019 i D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor, not as agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the Work and services performed hereunder, and all persons performing same, and Contractor shall be solely responsible for the acts of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise j between City and the Contractor, its officers,agents and employees,and the doctrine of respondent superior shall not apply. D-3 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications,Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without approved Submittals, Drawings, Specifications and Interpretations. D-4 SUPERVISION: The Contractor shall supervise and direct the Work, using reasonable skill and attention. He shall be r solely responsible for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all I portions of the Work under the Contract Documents. D-5 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. The Contractor will use its reasonable best efforts to hire local laborersr workmen and materialmen. The general condition is not to be constructed as limiting the right of the Contractor to employee laborers,workmen or materialmen from outside local area. i The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. D-6 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE S Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. 1 Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2268.023. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 3111 day after the date the City receives the information,as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258,the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the i Texas General Arbitration Act(Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do i not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c)above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the Work,maintain records that show(1)the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this contract; and (ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code. a Posting of Wa a Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. a Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)through(g)above. On projects where special wage rates apply(e.g. Davis--Bacon)the Contractor agrees to meet all requirements of such programs. General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 5 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 D-7 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Prior to occupancy of the Project by the Owner,the Contractor warranties and obligations to correct defective Work exclude remedy for damage or defect caused by (i) abuse by the Owner's separate contractors, or (ii) modifications made by the Owner or the Owner's separate contractors. After occupancy of the Project by the Owner, the Contractor warranties and obligations to correct defective Work exclude remedy for damage or defect caused by (i) abuse, (fi) modifications not executed by the Contractor, (iii) improper or insufficient maintenance,(iv)improper operation,(v)normal wear and tear,or(vi)normal usage. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-8 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise and Use Tax. Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11,enacted August 15, 1991. D-9 LICENSES NOTICES AND FEES: The Contractor shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required by law or these Contract Documents. The City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location.If the Contractor allows any permit to expire, he shall be responsible for all renewals including any associated fees. The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect and Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notico to the Architect and Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto. D-1D CASH: ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct, but he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs,field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. D-11 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. D-12 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. D-13 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans,Specifications and Contract Documents,then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof,said excess cost. D-14 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract, shall prepare and submit for the Architect's and Owner's approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project and indicate critical path.This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work,subject to the Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The Contractor shall submit an updated progress schedule to the Architect and Owner at least monthly for approval along with the Contractor's monthly progress payment requests. General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 6 of 27 A.D.Marshall Public Safety&Municipal Courts Building--ADA Ramp(Oct 2018) March 2019 i D-15 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Architect upon completion of the Work. The Architect will prepare, and provide to the Owner,one complete set of reproducible record drawings of the Work. D-16 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustrations, schedules, performance 1 charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work.These may be provided in an electronic format acceptable to the Architect. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged.Three copies of all physical examples shall be provided. The Contractor shall review,approve,and submit,with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, normally within the first 90 days of the work, three copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the I Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples,the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the ` requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the f Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. I No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-17 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work by the City,the entire site of the Work shall be under the exclusive control,care and responsibility of the Contractor.Contractor shall j take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever.The Contractor shall rebuild, repair, restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above,caused before acceptance. D-18 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of his Work that may require making its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. t } D-19 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish.At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom-clean"or its equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings"broom-clean", Contractor shall clean all glass, replace any broken glass, remove stains, spots, marks and dirt from decorated work,clean hardware, remove paint j spots and smears from all surfaces,clean fixtures and wash all concrete,tile and terrazzo floors. If the Contractor fails to clean up,the Owner may do so,and the cost thereof shall be charged to the Contractor. D-20 COMMUNICATIONS: The Contractor shall forward all communications to the Owner through the Architect. : D-21 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual. i General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 7 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 SECTION E SUBCONTRACTORS E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS: The Contractor shall furnish a list of the names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements,the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect,after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization. If,prior to the award of the Contract,the Owner or Architect has an objective to any person or organization on such list, and refuses to accept such person or organization, the apparent low bidder may, prior to the award, withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at its discretion, accept the bid or he may disqualify the bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement-between the Contractor and the Subcontractor(and where appropriate between Subcontractors and Sub- subcontractors)which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; 3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional costs, extensions of time,damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor(via any Subcontractor or Sub-subcontractor where appropriate) in the mariner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance,except such rights,if any,as they may have to proceeds of such insurance held by the Owner,and, 6. Obligate each Subcontractor specifically to consent to the provis"sons of this Section All of the provisions set out in this section shali be deemed to have been included in every subcontract,and every subcontract shall be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically included in the sub- contract. E-4 MINORITY BUSINESS ENTERPRISE Should the base proposal be $50,000 or less, the requirements of this section do not apply. As of June 1, 2012, The City of Fort Worth is implemented a new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. During this transition period, interested Offerors must obtain a MBE listing from the MIWBE Office. This will ensure that MBE listings reflect q�those currently certified by the North Central Texas Regional Certification Agency(NCTRCA)located in the six(6)-county_geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of. Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. In accordance with City of Fort Worth Diversity Business Ordinance (BDO) No 20020-12-2011 (the "Ordinance"), the City of Fort Worth sets goals for the participation of Minority Business Enterprises (MBE) in City contracts. Ordinance No 20020-12-2011 is incorporated in these General Conditions by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The MBE documentation required by the procurement solicitation must be submitted within five city business days after the proposals are opened. Failure to comply with the City's Business Diversity Ordinance, or to demonstrate a "good faith effort",shall result in a bid being considered non-responsive. General Conditions of the Contract for Construction lump Sum Contract(March 2018) Page 8 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved MBE subcontractors and or suppliers prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the M/WBE Office and the designated representative identified from within the Facilities Management Division. Contractor must provide the City with complete and accurate information regarding actual work performed by an MBE on the contract and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE. The misrepresentation of facts and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. An Offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible Offeror and barred from participating in City work for e period of time of not less than three(3)years. The failure of an Offeror to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein, may result in the Offeror being determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than one(1)year. The Contractor may count toward the goal any tier of MBE subcontractors and/or suppliers. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract. Change Orders: Whenever a change order affects the work of an MBE subcontractor or supplier, the MBE shall be given an opportunity to perform the work. Whenever a change order is$50,000 or more,the MIWBE Office Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall: 1. Make no unjustified changes or deletions in its MBE participation commitments submitted with the bid/proposal or during negotiation,without prior submission of the proper documentation for review and approval by the M/WBE Office. 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented in its-bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the i Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections of the Ordinance,exclusive of the time requirements stated in such subsections. 3. The Contractor shall submit to the MIWBE Office for approval an MBE REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract,the Contractor wishes to change or delete one or more MBE subcontractors or suppliers. Justification for change of subcontractors may be granted for the following: 1. An MBE's failure to provide Workers'Compensation Insurance evidence as required by state law;or 2. An MBE's-failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1)the limits required of the Contractor by the City; or 2)the limits contained in the Contractor's standard subcontract or supply agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non-MBE subcontractors/sub consultant's or suppliers; or ` 3. An MBE's failure to execute the Contractors standard subcontract form, if entering a subcontract is required by the Contractor in its normal course of business, unless such failure is due to: a) A change in the amount of the previously agreed to bid or scope of work;or b) The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month;or c) Any limitation being placed on the ability of the MBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the Contractor's surety company or insurance company. ? d) Mediation shall be a consideration before the request for change is approved. h. An MBE defaults in the performance of the executed subcontract. In this event,the Contractor shall: a) Request bids from all MBE subcontractors previously submitting bids for the work, b) if reasonably practicable, request bids from previously non-bidding MBEs,and c) Provide to the M/WBE Office documentation of compliance with(a)and(b)above. 5. Any reason found to be acceptable by the MIWBE Office in its sole discretion. Within ton days after final payment from the City the Contractor shall provide the MIWBE Office with documentation to reflect final participation of each subcontractor and supplier, including non-MBEs, used on the project. 1 General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 9 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractors Work. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued,for his Work to the extent completed, less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors. The Owner may, on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR ECONOMIC DEVELOPMENT ADMINSTRATION EDA FUNDED PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or OMB Circular A-110,as appropriate. Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in this section. No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of$10,000 shall include, 'or incorporate by reference, the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contractor who will compile them and submit to the City.The subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347. Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. Ali subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of$50,000 or more must submit a completed Standard Form 100(Compliance Report)by March 30 of each year. Subcontractors performing work in areas covered by published goals for minoritios will be required to report monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site,the Contractor shall, upon due notice,settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense, and if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 10 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 i and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting,fitting or patching of his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The Contractor shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. f Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Project j Management Department shall determine to be just. r SECTION G + MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal,State,and County and City Laws,Statutes,Charter,Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used.He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws,Statutes,Charter,Ordinances,Regulations,or Directives,whether by himself, his employees,agents or subcontractors. G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and entered into by the parties t hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with I reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and 1 the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. I G-4 COMPLIANCE WITH LAWS: Contractor agrees to comply with all laws, Federal, state and local, including all ordinances, rules and regulations of the City of tort Worth,Texas. Materials incorporated into the finished Project are not subject to State Sales Tax, t The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements. Building, plumbing, electrical and mechanical building permits are ` issued without charge. Water and sewer tap, impact & access fees will be paid by the City. Any other permit fees are the t responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend,at its own expense,the Owner, its officers,servants and employees,from and against any and I all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anV such iniurV, damage or death is caused in whole or in part,by the ne li ence or affected ne li ence of Owner its officers servants or employees. Contractor likewise covenants and agrees to indemnify t and hold harmless the Owner from and against any and all injuries to Owner's officers,servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in Part by the ne li ence or allege `[ ne li ence of Owner,its officers servants or em to ees. e In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment,final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or(b)provides Owner with a letter from Contractor's liability $ insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2,this contract shall be binding upon and insure to the benefit of the parties hereto,their Successors or Assigns. Contractor shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner.Any such purported assignment or subletting without the prior written consent of Owner shall be void. t General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 11 of 27 A.D.Marshall Public Safety&Municipal Courts Building--ADA Ramp(Oct 2018) March 2019 G-7 WRITTEN NOTICE: Written Notice shall be deemed to have boon duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,000. The Contractor agrees,on the submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the Work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local, state and federal statutes. To be an acceptable surety on the bond the name of the surety should be included on the current U. S.Treasury List of Acceptable Securities[Circular 5701, and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized,accredited,or trusteed to do business in the State of Texas. Should any surety for the contracted project be determined unsatisfactory at any time during same,the Contractor shall immediately provide a new surety bond satisfactory to the City. If the contract amount is$25,000 or less,payment to the Contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. G-9 OWNER'S RIGHT-TO CARRY OUT THE WORK: If the Contractor defaults or neglects-to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,the Owner may,without prejudice to any other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies,including the cost of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified;however, if the Contractor has reason to believe that the design,process or product specified is an infringement of a patent,he shall be responsible for such loss unless he promptly gives such information to Owner. G-11 TESTS: If the Contract Documents, laws, Ordinances, Rules, regulations or Orders of any public authority having jurisdiction require any Work to be inspected,tested or approved,the Contractor shall give the Owner timely notice of its readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection,tests and approvals unless otherwise provided. If after the commencement of the Work, the Owner determines that any work requires special inspection, testing or approval not included above, the Architect, upon written authorization from the Owner, will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply(1)with the requirements of the Contract Documents or(2)with respect to the performance of the Work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shall bear such costs,and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection, testing or approval, and three copies will be promptly delivered by him to the Architect.The Architect will review the certificates and forward one copy of each with his recommendation(s)to the Owner. If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where practicable,at the source of supply. Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections,tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the Contractor may be-required to perform the Work while the existing utility is in service. The existing utility service may be interrupted only when approved by the Owner.When it is necessary to interrupt the existing utilities,the Contractor shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 12 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 { 3 may not be subject to schedule at the time desired by the Contractor. In such cases,the interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of Existing utility services shall be as approved by the Owner. { G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to the Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor's sole expense. t The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. r Prior to commencing work, the Contractor shall carefully compare and check all Architectural, Structural, Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment.Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the Contractor's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work, the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-16 EXISTING OVERHEAT]OR UNDERGROUND WORK: The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment.Any such work shall be moved, replaced or protected, as required,whether or not shown or specified at the Contractor's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the i Drawings. Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the installation of jointed floor,wall and ceiling materials that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed r under the subcontract so that the subcontracting thereof will not prejudice such rights; 1 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes heating registers,light fixtures,equipment,etc. If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from ! damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work,special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary.All damaged work shall be replaced, repaired and restored to its original condition at no cost to the Owner. G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents,whether expressly stated or not, that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the project. The Contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project, j including advising all materials suppliers and subcontractors of this requirement. The Contractor shall verify that components containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs,it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items without First obtaining the Architect's approval. He shall remove and relocate such items at his own expense if so directed by the Architect. Where possible; uniform margins shall be maintained between parallel lines andlor adjacent wall,floor or ceiling surfaces. 1 General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 13 of 27 A.D. Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 G-20 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials, products, processes, equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is begun. G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the Work. At completion of work,the General Contractor shall, immediately prior to final inspection of complete building, execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base,and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5. Dust,and if necessary wash, all plumbing and electrical fixtures. & Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building,the grounds,approaches,equipment, sidewalks,streets, etc. shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty, paint materials, etc.,without scratching or injuring the glass and leave the work bright,clean and polished.Cost of this cleaning work shall be borne by Contractor. 10. Cleaning, polishing, scaling,waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning: Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when directed by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen.All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for staring flammable materials and paints; no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal.When temporary heating devices are used,a watchman shall be present to cover periods when other workmen are not on the promises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or out by Contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. General Conditions of the Contract for Construction lump Sum Contract(March 2018) Page 14 of 27 A.D. Marshall Public Safety&Municipal Courts Building--ADA Ramp(Oct 2018) March 2019 N G-26 PROJECT CLOSEOUT Final lnspection. Record Drawings: Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment". Maintenance Manual:Sheets shall be 8 1/"x 11",except pull out sheets may be neatly folded to 8 Ma"x 11".Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain: 1) Name, address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturers local representative,for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical panels,service entrance equipment and light fixtures. 4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, and other materials. Submit two digital electronic copies and one hard copy of Maintenance Manuals,prior to request for final payment. Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start-up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each k item. t G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted E through the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Project for one year. In addition,where separate guarantees,for certain portions of work, are for longer periods, General Contractors guarantee shall be extended to cover such longer periods. Manufacturers extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse, neglect by Owner or his successor(s)in interest. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended warrantees,the Contractor shall warrant all work materials,and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs of making good aG work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment, one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in' addition,the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE: The Contractor shall provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY,STORAGE, HANDLING: The Contractor shall handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize f unnecessary long-term storage at project site prior to installation. G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified irr the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. 9 1s t } General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 15 of 27 A.D.Marshall Public Safely&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Bids on brands of like nature and quality will be considered. Contractor shall inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the Contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor, the Contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as"no substitute accopted"; the City will accept no alternates to the specified equipment. SECTION H CONTRACT TIME H-1 DEFINITIONS The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of Substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner and additional weather days beyond what is allotted in the contract. The Date of Commencement of the Work is the date established in the Notice to Proceed.If there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the Owner,and no other form of acceptance will be binding upon the Owner. A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a "Working Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section. Extensions of time will be as recommended by the Architect with final approval by City of Fort Worth. A Working Da V is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Legal holidays for the City of Fart Worth are defined as being New Year's Day, Independence Day, Labor Day,Thanksgiving Day, and the day after Thanksgiving, Christmas Day, Memorial Day and Martin Luther King Jr.Day. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 CONSTRUCTION WORK: Noise created by construction work within three hundred (300)feet of an occupied residential structure involving the erection, excavation, demolition, alteration, or repair of any building, structure, or flatwork is prohibited as follows: Before 7:00 a.m.or after 8:00 p.m.Monday-Friday Before 9:00 a.m.or after 8:00 p.m.Saturday-Sunday H-4 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control,or by any cause which the Architect determines may justify the delay,then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions,the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable. H-5 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time provided for) shall be made to the Contractor 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 Contractor agrees that he will make no claim for General Conditions of the Contract for Construction'Lump Sum Contract(March 2018) Page 16 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 compensation,damages or mitigation of liquidated damages for any such delays,and will accept in full satisfaction for such delays said extension of time. SECTION I PAYMENTS AND COMPLETION { I-1 CONTRACT SLIM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 1-2 SCHEDULE OF VALUES: Before the first Applicable for Payment, the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Contract Sum,divided so as to facilitate payments to Sub-contractors, prepared in such form as specified or as the Architect and the Contractor may agree upon,and supported by such data to substantiate its correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit.This Schedule,when approved by the Architect and the Owner, shall be used as a basis for the Contractor's Applications for Payment. i I-3 PROGRESS PAYMENTS: On the first day of each month after the first month's work has been completed,the Contractor will make current estimates in writing for review by the Architect and Owner of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, S whether incorporated in the Project or not,will pass to the Owner upon the receipt of such payment by the Contractor,free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as "liens'; and that no Work, materials or equipment covered by an Application for Payment will have boon acquired by the Contractor, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. s The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule s must be attached before the pay request can be accepted. I 1-4 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above, the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment,with a copy to the Contractor,for such amount determined to be properly due,or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner,based on the Architect's observations at the site and the data comprising the Application for Payment,that the Work has progressed to the point indicated;that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial- Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and recommendations to the r Owner that the Contractor be paid in the amount certified. In addition, the Architect's approval of final payment assures the Owner that the conditions precedent to the Contractors being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after if has E been delivered to the Owner. For contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner until Substantial Completion. For contracts in excess of$400,000,the Owner will retain only 5%of each estimate until Substantial Completion. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the t Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship.The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1-5 PAYMENTS WITHHELD: The Architect may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section.The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be ` necessary in-his opinion to protect the Owner from loss because of: 1 1) Defective work not remedied; 3 2) Claims filed or reasonable evidence indicating probable filing of claims; t I General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 17 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 3) Failure of the Contractor to make payments properly to Subcontractors,or for labor,materials or equipment; 4.) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another contractor; 6) Reasonable indication that the Work will not be completed within the Contract Time;or 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if the Contractor fails to perform the Work in accordance with the specifications. 1-6 LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages per Day $15,000 or less $45 $15,001to $25,000 $63 $25,001to $50,000 $105 $50,001to $100,000 $154 $100,000to $500,000 $210 $500,001to$1,000,000 $315 $1,000,001 to$2,000,000 $420 $2,000,001 to$5,000,000 $630 $5,000,001 to$10,000,000 $840 Over$10,000,000 $980 1-7 FAILURE OF PAYMENT, If,.without fault on the part of the Contractor, the Architect should fail to issue anyCertificate for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90%or 95% (as applicable) of the amount thereof within the period of time specified, then the Contractor may, upon seven (7) days additional written notice to the Owner and to the Architect,stop the Work until payment of the amount owing has been received. 1-8 SUBSTANTIAL COMPLETION AND FINAL.PAYMENT: Prior to the request for final payment,the Contractor must meet all provisions for Project Closeout. When the Contractor determines that the Work is substantially complete,the City shall inspect the project with the Contractor and the contractor will prepare a"Preliminary Punch List". When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion (G704)which,when approved by the Owner,shall allow the Contractor to request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities,and insurance,shall set forth the remaining work as a "final punch list". The Contractor shall complete the remaining work listed therein within 30 calendar days. When the Certificate of Occupancy has been issued,the retainage may be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced to 2.5%. Should the Contractor fail to complete all contractual requirements of the contract, including submittals and final pay request within the fixed time,the contract time will again commence. Should the Contractor fail to complete the work within the contract duration, liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payment: 1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment(G707), if any,to final payment, 3) Contractor's Affidavit of Release of Liens(G706A), and, 4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. General Conditions of the Contract for Construction hump Sum Contract(March 2018) Page 18 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 If any Subcontractor, materialman or laborer refuses to furnish a Contractors Affidavit of Release of Liens, the Contractor may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right, claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien, including all costs and reasonable attorney's fees. The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. 4 The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. . 1-9 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: a (1) All employees on the Work and all other persons who may be affected thereby, ` (2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors;and (3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against i injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution or from the non-execution of the Work.The Contractor shall rebuild, repair, restore and make good,at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above,caused before its completion and acceptance. The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. Ail damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors. Contractor shall provide hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES: In any emergency affecting the safety of persons or property, the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on I account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen, City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 19 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall leave the area as clean and free of spot,stains,etc.,as before the work was undertaken. J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires,the Contractor shall include a per-unit cost for trench safety measures in his bid. If not included in the Proposal,the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K-INSURANCE K-'I INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's Compensation. K-2 WORKERS'COMPENSATION INSURANCE 1) General: a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner(City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner(City). c) By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. d) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of Coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor'slperson's work on the project has been completed and accepted by the City. c) Persons providing services on the project("subcontractor"in section 406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 3) Requirements: a) The Contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and Eing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services of the project,for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the Contractors current certificate of coverage ends during the duration of the project, the Contractor must; prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. d) The Contractor shall obtain from each person providing services on a project,and provide to the City: General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 20 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 1 f) The Contractor shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. y g) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, ` and stating how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project,for the duration of the project; ii) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of r coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts,and provide to the Contractor: (1) a certificate of coverage,prior to the other person beginning work on the project;and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certifioato of coverage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i) - vii), with the certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker's Compensation Coverage: a) The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials,or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an i employer's failure to provide coverage." K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him,the City of Fort Worth and any Subcontractor performing work covered by this Contract,from claims of damage which may arise from operations under this Contract, including blasting,when blasting is done on, or in connection with the Work of the Project,whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed { by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in connection with this Contract. i a l General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 21 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials, the Contractor, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation,the Contractor shall procure,pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning,windstorm, hurricane, hail, riot, explosion, civic commotion,smoke, aircraft, land vehicles,vandalism, and malicious mischief, at a limit equal to 100%of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. if specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered. Upon completion of the Work,the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the Property Management Department, City of Fort Worth as a "Certificate Holder', and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured, by endorsement,on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shall be authorized to do business in the State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII, as stated in current edition of A. M. Bests Key Rating Guide. At the City's sole discretion, a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or self-insured retentions exceeding $10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation or non-renewal in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of Insurance requirements specified herein. 8) The City of Fort Worth shall be entitled, upon request and without incurring expense,to review the insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 22 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor, Owner and the Architect, issued after the execution of the Contract, authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City,shall be coordinated with the Director, Property Management Department. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways: r 1) by mutual acceptance of a lump sum property itemized,including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon;or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methods set forth herein above is agreed upon,the Contractor, provided he receives a Change Order,shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases, the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together ` with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after the Contract has been executed,the Architect,requests a price proposal from the Contractor for a proposed change in scope of the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and price proposal to the Owner for approval. If approval is not recommended,the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor In accordance with the paragraph above. Contractor is advised that according to City of Fart Worth Charter,that,the City Council must approve all Change Orders and Work Orders which results in an increase in cost of the contract amount by over$100,000. Normal processing time for the City Staff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty days. Owner and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize r their impact on the construction schedule. If unit prices are stated in the Contract Documents or subsequently agreed upon,and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor,the applicable unit prices shall be equitably adjusted to prevent such hardship. If the Contractor claims that additional cost or time is involved because of(1)any written interpretation issued pursuant to Section A, (2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or (3) any ` written order for a minor change in the Work,the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work,except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J. i No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if approved by the Owner,shall be authorized by Change Order. a L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent 1( J%). 2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by 1 the Architect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS: The Architect may issue written Field Orders which interpret the Contract Documents, or which order minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 23 of 27 A.Q.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner, it must be uncovered for observation and replaced,at the Contractor's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered,the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications,the cost of uncovering and replacement shall,by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications,the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Architect or Owner as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architect's additional service thereby made necessary. If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents,any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally.The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner. Defective or non-conforming work shall be completed in a timely manner.The Contractor shall respond and/or repair any work that is deemed an emergency by the City within 24 hours. The Contractor shall respond and/or repair any other defective or non- conforming work within three working days. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the Owner,the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter,the Owner may upon ten additional days'written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the Costs that should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall bo charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contractor shall pay the difference to the Owner. If the Contractor fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section G. The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the Contractor. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction,through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor, or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may after the end of such period of 30 days and upon seven additional days'written notice to the Owner,terminate the Contract. N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt,or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if the Contractor refuses, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with all Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any, seven (7) days'written notice, terminate the employment of the Contractor and take possession of the site and of all materials,equipment,tools,construction equipment and machinery thereon General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 24 of 27 A.D.Marshall Public Safety&Municipal Courts Building--ADA Ramp(Oct 2018) March 2019 owned by the Contractor and may finish the work by whatever method he may deem expedient. in such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the Architect's additional services exceed the unpaid balance of the Contract,the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part,whenever Such termination is in the best interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the Contractor shall: a) Step work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days-after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. SECTION O SIGNS 4 The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for"Project Designation Signs."This sign shall be a part of this Contract and shall be included in the Contractor's Base Bid for the Project. The Contractor may install their company sign and shall allow the Architect to install their company sign. No other signs will be allowed. SECTION P TEMPORARY FACILITIES P-1 SCOPE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract,including those shown and specified. P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. ' P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects under$1,000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect and Owner. ? For construction contracts with a bid price in excess of$1,000,000.00, the Contractor shall provide a separate field office for the City's field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During cold weather months,the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office: one desk,four chairs,plan rack and a four drawer filing cabinet(with lack). Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds and other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed,or as directed. 1 General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 25 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 P-5 WIRELESS CONNECTION: The Contractor shall provide and pay for wireless internet connection(WIFI)for the City and Architect. P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water and electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required to tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages,pressures,frequencies,etc.will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Orawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps,tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines,lights, heating plant,air conditioning system, pumps,and other work required. Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed,in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100-watt lamps. In any event,the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas. P-8 HEATING: Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating,ventilation and services shall be provided and maintained until final acceptance of all work. In addition,the Contractor shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7)days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION: The Contractor shall provide, maintain, and remove upon completion of the work ali temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Owner, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen,City employees,equipment,the public and property. All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the authorities having jurisdiction,including insurance companies,with regards to safety precautions, operation and fire hazard. The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground seepage, rainfall,drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a night The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positivo, shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish, install and maintain during the life of the project a weather- tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. The bulletin board shall be mounted where and as approved by the Owner, in a prominent place accessible to employees of the Contractor and sub-contractors, and to applicants for employment. The bulletin board shall remain the property of the Contractor and shall be removed by him upon completion of the Contract work. The following information which will be furnished by General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 26 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38). b. Wage Rate Information Poster(Form SOl_ 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. G. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County,Texas. 4 r f r 5 1 r f l F a 5 j General Conditions of the Contract for Construction Lump Sum Contract(March 2018) Page 27 of 27 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT(LUMP SUM) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § This agreement made and entered into this the 291h day of January A.D., 2019, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular, meeting of the City Council of said City, hereinafter called OWNER, and The MARK IV Construction Group I_L.0 of I the City of Fort Worth County of Tarrant , State of Texas, hereinafter called CONTRACTOR. WITNESSETH: That fo-r and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: City of Fort Worth A.D. Marshall Public Safety& Municipal Courts Building 15t Floor Remodel &Accessibility Ramp, Part"A" 1000 Throckmorton Street Fort Worth, Texas PMD2018-16 City Project No. 02412 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, E tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice f from the Contractor. The agreed upon total contract amount shall be $1,049,927.00 including the Base Proposal ($548,716.38), Owner's Contingency Allowance ($67,469.52); and Add Alternate No.1 ($203,247.15) & Add Alternate No. 2 ($230,493.95). Insurance Requirements: ( The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approved such insurance. The Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the_ Owner that the insurance coverage required herein shall include the coverage of all subcontractors. Instruction to Offerors(October 2017) Page 21 of 32 II A.D. Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 a. WORKER'S COMPENSATION INSURANCE: ® Statutory limits. ® Employer's liability: • $100,000 disease each employee. ® $500,000 disease policy limit. ® $100,000 each accident. b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. The insurance shall be provided on a project specific basis and shall be endorsed accordingly. The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. c. BUSINESS AUTOMOBILE LIABILITY: ® $1,000,000 each accident. ® The policy shall cover any auto used in the course of the project. d. BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA: m $1,000,000 each occurrence; $2,000,000 aggregate limit. This insurance shall provide excess coverage over each fine of liability insurance required herein. The policy shall follow the form(s) of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. g. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub- contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. Instruction to Offerors(October 2017) Page 22 of 32 A,D. Marshall Public Safety&Municipal Courts Building ADA Ramp(Oct 2018) March 2019 ADDITIONAL INSURANCE REQUIREMENTS. ' a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 200 Texas Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the Owner to request required insurance documentation shall ` not constitute a waiver of the insurance requirements specified herein. r a d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. l e. insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. 4 g. Deductible limits, or self-funded retention limits, on each policy must not exceed !!!i $10,000.00 per occurrence unless otherwise approved by the Owner. g. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in ` favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery_ k. In the course of the project, Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any Known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents, ff this Contract is in excess of$25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Instruction to Offerors(October 2017) Page 23 of 32 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. IMMfGRATION NATIONALITY ACT. City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I- 9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in four counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the day of �f 1 A.D., 2019. The MARK IV Construction Group LLC, APPROVED: � CETY� FORT�QGB By: By: Amy Co Jesus J. Chapa President Assistant City Manager Al PRO AL RED' M D: ® ®�j ECORDED: 13y: �� y; o er able ary J. Kay r Int im it to Pr erty Manag ent'-apt; City Secretary r� APPROVED AS TO FORM AND LEGALITY: By: M&C Reference No.: C-29005 John B. Strong M&C Date: January 29, 2019 Assistant City Attorney Form 1295 Cert No.: 2018-436098 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. /� By: C = 7" - r*t-Brian R. Glass, AEA i1 C RD Architectural Services Manager CITY SEZ-FIETAR T. 'WORTH, TX Instruction to Offerors(October 2017) 2 A.D. Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 l Bond# 712778P PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, . _ The MARK IV Construction Group LLC known as "Principal"herein and i Developers Surety and Indemnity Company , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas,known as "Surety"herein ( (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation Jt created pursuant to the laws of Texas, known as "City"herein,in the penal sum of, One Million Forty- f Nine Thousand Nine Hundred Twenty-Seven and No Cents Dollars ($1,049,927.00), lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which sum well and truly to be made, we bind ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 29' day of �January , 2019, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials,equipment labor and other accessories defined i by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as A.D. Marshall Public Safety & Municipal Courts Building, 1S1 Floor Remodel & Accessibility Ramp,Part"A" located at 1000 Throckmorton_Street,_Fort_Worth,Texas(PMD2018- 16),City Project No. 02412. NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders,under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City,then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER that if any legal al action be filed on this Bond venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. Instruction to Offerors(October 2017) Page 27 of 32 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 h IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this f instrument by duly authorized agents and officers on this the 29thday of March , 2019. k PRINCIPAL: The Mark IV Construction Group, LLC I BY: I S ignatu_ S r� (P ' Secretary Name and Title Address: 5821 Egg Farm Rd Suite 2920 Keller, TX 76244 Witll5ss as to Principal SURETY: Developers Surety and IndemnitV Company BY: Signature i 4 Steven J. Zineckex, Attorney-In-Fact Name and Title s Address: P.O. BOX 19725 Irvine, CA 92623 ae� Witness a to rety Telephone Number: 949-263-3300 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws i showing that this person has authority to sign such obligation. If Surety's physical address is different from its ¢ mailing address,both must be provided.The date of the bond shall not be prior to the date the Contract is awarded. J 1 Instruction to Offerors(October 2017) Page 28 of 32 A.D.Marshall Public Safety&Municipal Courts Building-ADA Ramp(Oct 2018) March 2019 2z Bond# 712778P PAYMENT B ONA THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § r _ That we, The MARK IV Construction Group LLC known as "Principal" herein, and Developers Surety and Indemnity Company , a corporate surety(sureties), duly authorized to do business in the State of Texas, known as "Surety"herein(whether kone or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created I pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of, One Million q Forty-Nine-Thousand Nine Hundred Twent -Seven and No Cents Dollars 1 049 9,_27.001, Iawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and I assigns,jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the 29' day of January , 2019,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as A.D. Marshall Public Safety & Municipal Courts Building, 1' Floor.Remodel & Accessibility Ramp, Part "A" located at 1000 Throckworton Street,Fort Worth,Texas (PMD2018-'10, City Project No. 02412. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary(as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be,and became null and void; otherwise to remain in full force and effect. This bond is made'and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. F R lwry . Instruction to Offerors(October 2017) Page 25 of 32 A.D. Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 k IN WIETNE,SS WHERUOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 29th day of March ,2019. I, PRINCIPAL: The Mark IV Construction Group, LLC ATTEST: BY: Signature (1 rt a Secr Name and Title Address: 5820 Egg Farm Rd Suite 2920 Keller, TX 76244 I Witness w to Principal SURETY: Developers Surety and„Indemnity Company ATTEST: BY: Jt Signature Steven J. Zinecker, Attorney-In-Fact (Surety) Secretary Name and Title Address: P.O. Box 19725 Irvine, CA 92023 QWitaessSurety Telephoiie Number: 949-263-3300 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing i that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. I i I lnstruc#ibn to Offerors(October 2017) Page 26 of 3:2 A.D.Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint 'Charles K. Miller,Shannon Lewis, Steven J.Zinecker,jointly or severally' as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Atiorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the t corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017. a By. ; � � $ 'Cq ANDgy''y Daniel Young,Senior Vice President r s O�npo2;e�r j W•• 17J6 o ion lit l9$7 1 By: �+� �i rttrr aa•R 1 Mark Lansdon,Vice-President _ ,lw•• ••'�e��� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the fdocument to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On February 6 2017 before me, _ Lucille Raymond,Notary Public ' Date Here Wat Name and Tige of the Officer personalty appeared Daniel Younn and Mark Lansdon Names)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed } to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies),and that by hislher/their signature(s)on the instrument the person(s),or the entity upon behalf of LUCILLE RAiPNIi ND which the person(s)acted,executed the instrument. _ Commission 0 2001945 Notary PmWic-Ca9llforfllal I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is (3rdfilp ColJtlty true and correct. M Comm.Expires Oct 13 2018 WITNESS my hand and official seal. Place Notary Seal Above Signature LuciI06yi6nd,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Board3 ol"Directers,of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 29th day of ki March 2019 .''"' c r ANbr�o�`•. fie_ WYp� 1936 Cassie J. msford,Assistant Se try ATS-1002(02117) '•.,,��e ��,,..•'' i IMPORTANT NOTICE AVISO IMPORTANCE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call the Surety's toll free telephone number Usted puede llamar al numero de telefono gratis de for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 t-800-782-1546 You may also write to the Surety at: Usted tambien puede escribir al Surety: P.O.Box 19725 P.O.Box 19725 Irvine,CA 92623-9725 Irvine,CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener informacion acerca de compa- coverage,rights or complaints at: Was,coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de Texas: P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 web: http://www.tdi.state.tx.us web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us tdi.state.tx.us E-mail.CousumerProtection@tdi.state.tx.us r PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRiMAS O RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the reclamo,debe comunicarse con el Surety primero.Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comuni- ' Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA:Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condition del documento adjunto. AmTrust Surety An AmTrust Financial Company Developers Surety and Indemnity Company Indemnity Company of California CorePointe Insurance Company 17771 Cowan, Suite 100 Irvine, CA 92614 1-800-782-1546 www.AmTrustSureW.com ID-1404(TX)(Rev.4/15) 1 DATE(MMIDONYYY) ACC>Ro® CERTIFICATE OF LIABILITY INSURANCE 4/3/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION 1S WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jessica Montgomery Southwest Assurance Group, Inc. PHON o E (817)329-7D07 FAX No): I8171329-7011 a member of K&S Grou Ina. E-MAIL j—ntg—ery@swagdfw.com @swat Omer dfw.com P r ADDRESS: g y g 2350 Airport Frwy, Ste 202 INSURERS AFFORDING COVERAGE NAIC N Bedford TX 76022 INSURER A;Cincinnati Insurance Company INSURED INSURERB:Texas Mutual Insurance Co. 22945 The Mark IV Construction Group, LLC INSURERC: 5821 Egg Farm Road INSURERD: Suite 2920 INSURERE: 4 Keller TX 76244 INSURERF: COVERAGES CERTIFICATE NUMBER:2018-2019 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL BUBR POLICY NUMBER MMI POLICY YY MMIDD EFF Y EXP LTR IYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE 1:0 OCCUR -PREMISES (Ha occurrence) $ 100,000 ENP0206064 6/14/2018 8/14/2019 MED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPLIESPER' GENERALAGGREGATE $ 2,000,000 POLICY[y]JECT LOG PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ - AUTOMOBILE LIABILITY COMBINHD SINGLE LIMIT $ 1,000,000 Ea accident x ANYAUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS - X AUTOS RNR0206064 8/I4/2018 9/14/2019 BODILY INJURY(Per accident) $ x NON-OWNED PROPERTYDAMAGE $ HIREDAUTOS AUTOS Per accident X Physical Damage $ UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000 000 BED I I RETENTION$ ENP0206064 9/14/2018 8/14/2019 $ WORKERS COMPENSATION % PER OTH- AND EMPLOYERS`LIABILITY YIN STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N/A B (Mandatory In NH) TSF0001241257 8/14/2018 8/14/2019 E.L.DISEASE-EAEMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000, A Installation Floater ENP0206064 08/14/2018 08/14/2019 $1,000,000 Any One Jobsite DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES( 101,Additional Remarks Schedule,may be attached If more space is required) Re: A.D. Marshall Public Safety 6 Municipal Courts Building 1st Floor Remodel 6 Accessibility Ramp, kart "A" 1000 Throckmorton Street Fart Worth, TX PMD2018-16 City Project No. 02412 City of Fort Worth is listed as an additional insured on the Auto Liability, General Liability and Umbrella policies as per written contract. Waiver of Subrogation in favor of the City of Fort Worth on all policies as per written contract. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort: Worth THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 1000 Throckmort on ACCORDANCE WITH THE POLICY PROVISIONS. Fart Worth, TX 76102 AUTHORIZED REPRESENTATIVE S Zinecker/JMONTG ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(20140f) 2 i I CONTRACTOR OR COMPLUNCE WITH WORKER'S COMPY'NSAT,ION LAW Pursuant to Texas Labor Code Section 406.096(a), as amanded, Contractor certifies that it provides worker's compensation insuranco coverage for all of its employees omployed on City Projeot, Ala. Marshall Public Safety & III nicipal Courts Building, I" Floor Romode_l ,_&Aevessibility R ainpi . i Part `iA"located at 1000 Throckwor°ton Street,Fort Wort Texas (RIYBl20ZS-1.6), City Project-N% 0241z. I Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(G), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation cove-rage. E CONTRACTOR: The MARK IV Construction_Group._LLC. By: Amy Cope Company (Please Print) 5821 Egg Farm mod. Ste. 2920 Signature: I Address Ft. Worth, TX 16244 _.� Title': Rresident City/State/Gip (Please Print) S THE STATE OF TEXAS § § KNOW ALL BX THESE PRESENTS: COUNTY OF TARRANT § f 1 )3FFORE ME, the rmdersigned authority,on this day personally appeared OL known to me to be, the person whose name. is subscribed to the forogoing ins-11,11 ont, and acknowledged to me that he/she executed the saute as the act and deed of &VJA�� for the purposos and consideration therein expressed and in the capacity theroin statod, GIVEN UNDER.MY HAND AND SEAS,OF OFFICE this day of 4 ,2019, �«��� trrurri ,�;1SA• FRf'i���i ••.Q�p,FiY PU��•.•' �C,• Notaty Public in and for the State of Texas Instruction to Offerors(October 2017) Page 30 of 32 A.R.Marshall Public Safety&Municloal Courts Building--ADA Ramp(Oct 2.018) March 2019 i 4'—0 2, G" 2,_O„ CENTERLINE OF SIGN, LOGO & i TEXT INFORMATION 0 THe FRT � I i P 0j0c u Architect: Architect's Name Contractor: Contractor'sName - FUNDED BY ' F (List Bond RFu�n[�d,etc.) [�� F SCHEDULED `Cyr,OFrIV COMPLETION DATE F YEAR a SIGN COLOR & FONT: BACKGROUND W WHITE BORDER - 5116"V IDE, 3"RADIUS CORNERS, PMS 288 (BLUE) TEXT - HELVETICA or ARIAL, PMS 288 (SLUE) FOR r WORTH LOGO COLORS & FONT: FORT WORTH - ISMS 288 (BLUE), CHELTE HAM BOLD LONGHORN LOGO - PMS 725 (BROWN) PROJ F-:,,CT DF:SIGNATION !SWi f Instruction to Offerors(October 2017) Page 31 of 32 A.D. Marshall Public Safety&Municipal Courts Building—ADA Ramp(Oct 2018) March 2019 1 DAVIS-BACON ACT AND COMPLIANCE INFORMATION r l [Offerors&Assemblers: For Contract Document execution, remove this page and replace with Davis- Bacon Act and Compliance information.] } r r l I Instruction to Offerors(October 2017) Page 32 of 32 A.D. Marshall Public Safety&Municipal Courts Building--ADA Ramp(Oct 2018) March 2019 Exhibit"0" ADDENDUM OF FEDERAL REQUIREMENTS FOR CDBG FUNDS AND CITY REQUIREMENTS WHEREAS, the Property Management Department of the City of Fort Worth ("PMD") and the Neighborhood Services Department of the City of Fort Worth ("NSD") have entered into a Letter of Agreement ("LOA") to construct improvements at the A.D. Marshall Publi6 Safety & Municipal Courts Building with Community Development Block Grant (CDBG) funds; and WHEREAS,the LOA requires that PMD and Contractor include certain provisions from the LOA pertaining to requirements for use of federal funds in every contract PMD and Contractor enter into which is paid in whole or in part with the CDBG Funds supplied by City. Capitalized terms not defined in this Addendum shall have the meaning set out in the LOA. NOW THEREFORE, City and Contractor agree that the following terms are 'incorporated into ithe Contract with full force and effect. 1. ADDENDUM TERMS All terms defined in the Contract shall have the same definition herein, unless specifically stated otherwise in this Addendum. Terms not defined in the Contract shall be given the definition provided herein. 1. Lead-Based Paint Requirements. i If applicable, Contractor will comply with Federal lead-based paint requirements including lead screening in housing built prior to 1978 in accordance with 24 CFR Part 570.608 and 24 CFR Part 35, subparts A, B, J, K, M, and R, and the Lead: Renovation, Repair and Painting Program Final Rule, 40 CFR Part 745, in any construction and/or rehabilitation in connection with the Project. 2. Contractor,Vendor and Subcontractor Re„guirements. Contractor will use commercially reasonable efforts to ensure that all subcontractors or vendors utilized by Contractor in connection with the construction necessary to complete the j Project are appropriately licensed and such licenses are maintained throughout the construction of i the Project. Contractor shall ensure that all subcontractors or vendors utilized by Contractor in connection with the Project are not debarred or suspended from performing the subcontractor's or vendor's work by the City, the State of Texas, or the Federal government. Contractor acknowledges that 2 CFR Part 200 forbids Contractor from hiring or continuing to employ any subcontractor or vendor that is listed on the Federal Excluded Parties List System for Award Management,www.sam.gov "SAM" . Contractor must confirm by search of SAM that all subcontractors or vendors are not listed as being debarred, both prior to hiring and prior to submitting a Reimbursement Request which includes invoices from any such subcontractor or vendor. Failure to submit such proofs of search shall be an event of default. In the event that City determines that any subcontractor or vendor has been debarred, suspended, or is not properly licensed, Contractor shall immediately cause such subcontractor or vendor to stop work in Addendum of Federal Requirements 12.31.18 Municipal Courts Building ADA Improvement Project 1 connection with the Project and Contractor shall not be reimbursed for any work performed by such subcontractor or vendor. However, this Section should not be construed to be an assumption of any responsibility or liability by City for the determination of the legitimacy, quality, ability, or good standing of any subcontractor or vendor. Contractor acknowledges that the provisions of this Section pertaining to SAM shall survive the termination of this Contract. 3 Environmental Review. Funds will not be paid,and costs cannot be incurred until City has conducted and completed an Environmental Review Record and receives Authorization to Use Grant Funds ("AUGF")from HUD as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the project. Further, Contractor will not undertake or commit any funds to physical or choice limiting actions including if applicable property acquisition, demolition, movement,rehabilitation, conversion, repair or construction prior to the environmental clearance. Any violation of this provision will (i) cause this Contract to terminate immediately; (ii) require Contractor to repay City in accordance with the provisions of Section 5.6.1.8 within 30 days of termination under this Section; and (iii) forfeit any firture payments of CDBG Funds. 3.1 Mitigation. Contractor must take the mitigation actions outlined in this Contract. Failure to complete any required mitigation action is an event of default under this Contract. 3.1.1 Mitigation required under this Contract: Law,Authority, or Factor Mitigation Measure Contamination and Toxic Substances 24 CFR Asbestos identified in areas that will be Part 50.3(i) & 58.5(i)(2) disturbed by the rehabilitation must be abated according to all local, state, and federal regulations. Historic Preservation National Historic The following directions from the Texas Preservation Act of 1966, particularly Historic Commission ('rHC) must be adhered sections 106 and 110; 36 CFR Dart 800 to: • The 2"a floor vault door will be preserved in place in the open position to allow for an ADA compliant frame to be constructed just behind the door. If the vault door needs to be removed, the City's Historic Preservation Division must be notified so that consultation with the Texas Historic District(THC) can be initiated regarding a mitigation strategy. • The exterior window to be removed to construct the ADA entrance will be salvaged and stored by the City, assuming it is not found to be Addendum of Federal Requirements 12.31.18 Municipal Courts Building ADA Improvement Project 2 deteriorated beyond the point of salvaging at the time of its removal. • The courtroom historic wood window f sills will be retained and preserved in place if found to be in good condition after the removal of the non-historic wood paneling. If the window sills are found to be deteriorated beyond the point of repair,they will be replaced in kind. 4. Compliance with Davis Bacon If applicable, Contractor and all lower tier subcontractors will comply with the Davis- Bacon Act as described in Section 6.4 and Exhibit"H"—Davis-Bacon Requirements - Federal Labor Standards Provisions. 5. Terms Applicable to Contractors Subcontractors and Vendors. Contractor understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all subcontractors and vendors of Contractor which are in any way paid with CDBG Funds or who perform any work in connection with the Project. Contractor fshall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder, including if applicable its obligations regarding the CDBG Regulations, the CDBG Requirements, the City Requirements, and the National Objective. Contractor must cure all violations of the CDBG Regulations committed by its subcontractors or vendors. 6. Compliance With All Applicable Laws and Regulations. Contractor agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the term of this Contract. Those laws include, but are not limited to: ➢ CDBG Regulations found in 24 CFR Part 570. ➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 etseq.) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by person of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et, seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR, Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Politics Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 Addendum of Federal Requirenieznts 12.31.18 Municipal Courts Building ADA Improvement Project 3 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738 and Environmental Protection Agency Regulations at 40 CFR Part 15. 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. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland"Anti-Kickback"Act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ➢ For construction contracts 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 300) as supplemented by 29 CFR Part 5 ➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006, (Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 US.C. 4310. 6.1 HUD-Assisted Projects and _Employment and other Economic Opportunities; Section 3 Requirements. T in.1.I Requirement that Law Be Quoted :, ,Covered Contraets. — Certain Requirements Pertaining_to Section 3 of the Housing and Urban Addendum of Federal Requirements 12.31.18 Municipal Courts Building ADA Improvement Project 4 Development Act of 1968 as Amended(1.2 U.S.C. Sections 1701 et seq.) and its Related Re2alations at 24 CFR Part 135 If the construction^of the Required Improvements will cause the creation of new employment, training, or contracting opportunities on a contractor or subcontractor level resulting from the expenditure of the CDBG Funds, Contractor shall comply with the following and will ensure that its subcontractors also comply. If the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or P HUD-assisted programs 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 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 C regulations. r C The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicantsfor 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 apprentice and training positions, the qualifications for each; and the name and location of the person(s) taking applicationsfor each ofthe positions;and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation 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 finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. F. 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. The Addendum of Federal Requirements 12.31.18 Municipal Courts Building ADA Improvement Project 5 contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of'regulations in 24 CTR 135. F. Noncompliance with HUD's regulation 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 workperformed 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. section 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). " Section to be quoted in covered contracts ends. 6.1.2 Contractor Responsibilities for Section 3 Requirements. Contractor understands and agrees 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 Project binding upon City and Contractor, and their respective successors, assigns, contractors and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors and vendors and their respective successors and assigns to those sanctions specified by this Contract through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. Contractor's responsibilities include: 6.1.2.1 Implementing procedures to notify Section 3 residents and business concerns about training, employment, and contracting opportunities generated by Section 3 covered assistance; 6.1.2.2 Notifying potential contractors working on Section 3 covered projects of their responsibilities; 6.1.2.3 Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns; 6.1.2.4 Assisting and actively cooperating with the NSD in making contractors and subcontractors comply; 6.1.2.5 Refraining from entering into contracts with contractors that are in violation of Section 3 regulations; 6.1.2.6 Documenting actions taken to comply with Section 3; and Addendum of Federal Requirements 12.31.18 Municipal Courts Building ADA Improvement Project 6 f 6.1.2.7 Submitting Section 3 Annual Summary Reports (form HUD- 60002) in accordance with 24 CFR Part 135.90. 6.1.3 Section 3 Reporting Requirements. In order to comply.with the Section 3 requirements, Contractor must submit the forms attached hereto as Exhibit "I"—Section 3 Reporting Forms. 6.1.3.1 Contractor or its subcontractors must report all applicants for employment by contractor and any subcontractor to City on a quarterly basis. This shall include name, address, zip code, date of application, and status (hired/not-hired) as of the date of the report. 6.1.3.2 Contractor or its subcontractors must advertise available positions to the public for open competition, and provide documentation to City with the quarterly report that demonstrates such open advertisement, in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations where flyers were distributed, and the like. 6.1.3.3 Contractor or its subcontractors must report all contracts awarded by contractor and subcontractor to City on a quarterly basis. This shall include name of contractor and/or subcontractor, address,zip code, and amount of award as of the date of the report. 6.2 Prohibition Against Discrimination. 6.2.1 General Statement. Contractor, in the execution, performance or attempted performance of this Contract, and } services provided in connection with the Project, shall comply with all non-discrimination !, requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17, Article III, Division 4 --Fair Housing of the City Code. Contractor may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Contractor permit its officers, members, agents, employees, vendors, or project participants to engage in such discrimination. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers,members, agents, employees, vendors,and subcontractors,have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terns of such ordinances by either or its officers, members, agents, employees, vendors, or subcontractors. Addendum of Federal Requirements 12,31.18 Municipal Courts Building ADA Improvement Project 7 6.2.2 No Discrimination in Employment during the Performance of this Contract. During the performance of this Contract, Contractor agrees to the following provision,and will require that its subcontractors and vendors retained in connection with work performed for this Project also comply with such provision by including it in all contracts with its subcontractors or vendors: [Contractor's, Subcontractor's or Vendor's Name] _ will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendor's Name will take affirmative action to ensure that applicants are hired without regard to race, color,sex,gender,religion,national origin,familial status,disability or perceived disability,sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Contractor's, Subcontractor's or Vendor's Name1 agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor's. Subcontractor's_ or Vendor's Namel will, in all solicitations or advertisements for employees placed by or on behalf of .[Contractor's, Subcontractor's or Vendor's Namel , state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. (Contractor's. Subcontractor„'s or Vendor 's Namel covenants that neither itnor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor's Subcontractor's or Vendor's Name further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to wort{ 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 6.2.3 Contractor's Subontractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 Addendum of Federal Requirements 12.31.1 S Municipal Courts Building ADA lrnprovement Project 8 ("ADA"), Contractor warrants that it and any 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, or employees of s Contractor or any of its contractors. 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', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE- REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 6.3 Labor Standards. 6.3.1 As applicable, Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-7) as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, State and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Contract. Contractor agrees to comply with the Copeland Anti-Kick Back Act (18 U.S_C. 874 et seq.) and its implementing regulations of the United States Department of Labor at 29 CFR Part 5. Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this Contract and the CDBG Regulations. Such documentation shall be made available promptly to City for review upon request. 6.3.2 Contractor agrees that, where required by the CDBG Regulations, all subcontractors engaged under contract for construction, renovation or repair work financed in whole or in part with assistance provided under this Contract, shall comply with Federal requirements adopted by City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 1,3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under these regulations are imposed by state or local law, nothing C hereunder is intended to relieve Contractor of its obligation,if any,to require payment of the higher wage. Contractor shall cause or require to be inserted in full provisions meeting the requirements of this paragraph in all such contracts subject to such regulations. 6.3.3 if Davis-Bacon is applicable, Contractor shall provide City access to employee payrolls, contractor and subcontractors payrolls and other wage information for persons perfoinning work on the Project. Payrolls must be submitted to NSD weekly in the manner provided to Contractor in writing during the pre-construction conference, and must be available to NSD staff upon request. In addition, Contractor shall ensure that City will have access to employees and subcontractors and their employees in order to conduct onsite interviews with laborers and mechanics. Contractor shall inform its subcontractors that City staff and/or Federal agencies may conduct periodic employee wage interview visits during the work on the Project to 1 ensure compliance. 1 Addendum of Federal Requirements 12.31.18 Municipal Coutts Building ADA Improvement Project 9 6.4 Subcontracting with Small and Minority Firms, Women's Business Enterprises and Labor Surplus Areas - 6.4.1 For procurement contracts $50,000.00 or larger, Contractor agrees to abide by City's policy to involve Minority Business Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and. supplies and provision of other services required by City. Contractor agrees to incorporate the City's BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement $50,000.00 or larger, and will further require all persons or entities with which it so contracts to comply with said ordinance. 6.4.2 It is national policy to award a fair share of contracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 6.4:3 In order to comply with Federal reporting requirements, Contractor must submit the form attached hereto as Exhibit "L"—MBE Reporting Form for each contract or subcontract with a value of$10,000.00 or more paid or to be paid with the CDBG Funds. Contractor shall submit this form annually by the date specified in Exhibit "L" ---MBE Reporting Form in the manner and to the person identified in writing, which shall be provided to Contractor at the pre-construction conference. 6.5 Right to Inspect Contractor Contracts It is agreed that City has the right to inspect and approve in writing, prior to any charges being incurred, any proposed contracts between Contractor and (i) subcontractors, including any lower tier subcontractors engaged in any activity that is funded as a part of this Contract to ensure they contain Davis-Bacon Act and Section 3 requirements, (ii) any third party contracts to be paid with CDBG Funds. 7. Certification Regarding Lobbying. The undersigned representative of Contractor hereby certifies, to the best of his or her lalowledge and belief, that: No Federal appropriated fiends have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any Department, a member of Congress, an officer or employee 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. Addendum of Federal Requirements 12.31.18 Municipal Courts Building ADA Improvement Project 10 i rf any funds other than federally appropriated fiends have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Department, member of Congress in connection with this Federal contract, grant, loan or cooperative agreement; Contractor shall complete and submit Standard Form-LLL Disclosure Form to Report Lobbying, " in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal (ands. f I i Addendum of Federal Requirements 12.31.18 Municipal Courts Building ADA Improvement Project 11 Exhibit "H" - Federal Labor Standards Provisions m Davis--Bacon Requirements Federal Labor Standards Provisions U.S. Department of Housing and Urban Development f Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (i) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) if the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR (c) in the event the contractor, the laborers or mechanics 5.5(a)(1)(iv); also, regular contributions made or costs to be employed in the classification or their incurred for more than a weekly period (but not less often i representatives, and HUD or its designee do not agree on than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be the proposed classification and wage rate {including the constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate}, HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30--day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1215-0140.) work is performed. The wage determination (including any additional classification and wage rates conformed under {d) The wage rate (including fringe benefits where 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs 1321) shall be posted at all times by the contractor and its (1)(i[)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the contract from the first day an which work is performed in the classification. workers. (ii) (a) Any class of laborers or mechanics which is not (iii) Whenever the minimum wage rate prescribed in the listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the conformance with the wage determination.. HUD shall contractor shall either pay the benefit as stated in the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof. have been met: (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUT]-4010(06/2009) ' Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1216-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (H) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withhold from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further http;//www.dol.crovlesalwhdlformslwh347instr.htrn or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (1) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a Prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is enforceable, that the plan or (a)(3)(ii), the appropriate information is being maintained p program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010(0612009) Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. in addition, any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination (expressed in percentages of the journeyman's hourly incorporated into the contract. rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice (c) The weekly submission of a properly executed must be paid at not less than the rate specified in the certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress, WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph specified in the applicable wage determination. A.3.(ii)(b). Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 2311 of Title 31 of the United States Code. listed on the wage determination for the applicable i (W) The contractor or subcontractor shall make the classification. If the Administrator determines that a 5 records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ',to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (i) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the - Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program. if the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage r determination unless the Administrator of the Wage and Services or a State Apprenticeship Agency (where Hour Division determines that there is an apprenticeship appropriate) to be eligible for probationary employment as a program associated with the corresponding journeyman n apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall wage rate on,the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010(0612009) Page 3 of 5 ref. Handbook 1344.1 E the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24, determination for the work actually performed. In addition, (11) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration (M) The penalty for making false statements is prescribed withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than in the U.S. Criminal Cade, 18 U.S.C. 1D01. Additionally, the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 D1 0, Title f 8, U.S.C., until an acceptable program is approved. "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false..... shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Fxecutive Order 11246, as more than two years, or both." amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by S. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards. paragraph. (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in whfch the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements, compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference in this contract (2) Violation, liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising cut of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such Iiquidatod its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, inciuding watchmen and guards, 10. (!) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010(0612009) Page 4 of 5 ref. Handbook 1344.1 r (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assistod contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. } (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health p standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC ` 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010(06/2009) Page 5 of 5 ref.Handbook 1344.1 i i Exhibit "I" A Section 3 Reporting Forms 28VA0" 3 Ommkwawy ROP®W9 U.S.Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for, and Urban Development (exp. 11130/2010) Low—and Very Low-income Persons Office of Fair Housing ? And Equal Opportunity HUD Field office: Section back of page for Public Reporting burden statement 1.Recipient Name&Address: (street,city,state,zip) 2.Federal Identification: (grant no.) 3. Total Amount of Award: 4.Contact Person 5.Phone: (Include area code) 6.Length of Grant: 7.Reporting Period: 8.Date Report Submitted: 8.Program Code: (Use separate sheet 10. Program Name: for each program code) Part I: Employment and Training "Columns B,C and F are mandatory fields. Include New Hires in E&F A B C O E F Numher of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec.3 Residents that are Sec 3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other List i f I t Total Program Codes 3=PublicAndian Housing 4=Homeless Assistance 8=CDBG State Administered 1=Flexible Subsidy A=Deveropment, 5-HOME 9=Other CD Programs 2-Section 202811 B=Operation 6=HOME State Administered 10=Other Housing Programs C=Modernization 7=COBG Entitlement 1 Page 1 of 2 form HUD 80002(612001) Ref 24 CFR 135 Part ll: Contracts Awarded 1. Construction Contracts: ` A. Total dollar amount of all contracts awarded on the project $ ! 13. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % l D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the projectlaclivity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving non-construction contracts Part Ilt: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs,to the greatest extent feasible,toward low-and very low-income persons,particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other;describe below. I I y Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not collect this information,and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701 u,mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low-and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative;personal identifying information is not included. Page 2 of 2 form Hilo 60002(1112010) I Ref 24 CFR 135 Form HUD-61002,Section 3 Summary Report,Economic Opportunities for Low-and Very Low-income Person, Instructions: This form is to be used to report annual 8. Program Code: Enter the appropriate program code as listed at accomplishments regarding employment and other economic the bottom of the page. opportunities provided to low-and very low income persons under 9. Program Name: Enter the name of HUD Program corresponding Section 3 of the Housing and Urban Development Act of 1968. The with the"Program Code"in number 8. Section 3 regulations apply to any public and Indian housing i programs that receive: (1)development assistance pursuant to Part I: Employment and Training Opportunities 1 Section 5 of the U.S.Housing Act of 1937;(2)operating assistance Column A: Contains various job categories. Professionals are pursuant to Section 9 of the U.S.Housing Act of 1937;or(3) defined as people who have special knowledge of an occupation(i.e. modernization grants pursuant to Section 14 of the U.S.Housing Act supervisors,architects,surveyors,planners,and computer of 1937 and to recipients of housing and community development programmers). For construction positions,list each trade and provide i assistance in excess of$200,000 expended for: (1)housing data in columns B through F for each trade where persons were jE rehabilitation(including reduction and abatement of lead-based paint employed. The category of"Other'includes occupations such as hazards);(2)housing construction;or(3)other public construction service workers. projects;and to contracts and subcontracts in excess of$100,000 Column B: (Mandatory Field) Enter the number of new hires for awarded in connection with the Section-3-covered activity. each category of workers identified in Column A in connection with Form HUD-60002 has three parts,which are to be completed for this award. New hire refers to a person who is not on the contractor's all programs covered by Section 3, Part I relates to employment or recipient's payroll for employment at the time of selection for the and training.The recipient has the option to determine numerical Section 3 covered award or at the time of receipt of Section 3 covered employment/training goals either on the basis of the number of hours assistance, worked by new hires(columns 8,D,E and F). Part iI of the form Column C: (Mandatory Field) Enter the number of Section 3 new relates to contracting,and Part Ill summarizes recipients'efforts to hires for each category of workers identified in Column A in comply with Section 3, connection with this award. Section 3 new hire refers to a Section 3 Recipients or contractors subject to Section 3 requirements must resident who is not on the contractor's or recipient's payroll for maintain appropriate documentation to establish that HUD financial employment at the time of selection for the Section 3 covered award or assistance for housing and community development programs were at the time of receipt of Section 3 covered assistance. directed toward low- and very low income persons.* A recipient of Column D: Enter the percentage of all the staff hours of new hires Section 3 covered assistance shall submit one copy of this report to (Section 3 residents)in connection with this award. HUD Headquarters,Office of Fair Housing and Equal Opportunity. Column E: Enter the percentage of the total staff hours worked for Where the program providing assistance requires an annual Section 3 employees and trainees(including new hires)connected performance report,this Section 3 report is to be submitted at the with this award. Include staff hours for part-time and full-time ( same time the program performance report is submitted. Where an positions. annual performance report is not required,this Section 3 report is to be Column F: (Mandatory Field) Enter the number of Section 3 submitted by January 10 and,if the project ends before December 31, residents that were trained in connection with this award. within 10 days of project completion. Only Prime Recipients are Part II: Contract opportunities required to report to HUD. The report must include Block 1: Construction Contracts accomplishments of all recipients and their Section 3 covered Item A: Enter the total dollar amount of all contracts awarded on the contractors and subcontractors. projecflprogram. t HUD Field Office: Enter the Field Office name. Item 13. Enter the total dollar amount of contracts connected with this 1. Recipient: Enter the name and address of the recipient project/program that were awarded to Section 3 businesses. submitting this report. Item C: Enter the percentage of the total dollar amount of contracts j 2, Federal identification: Enter the number that appears on the connected with this project/program awarded to Section 3 businesses. !` award form(with dashes). The award may be a grant, Item D: Enter the number of Section 3 businesses receiving awards. cooperative agreement or contract. Block 2: Non-Construction Contracts 3. Dollar Amount of Award: Enter the dollar amount,rounded to the Item A: Enter the total dollar amount of all contracts awarded on the nearest dollar,received by the recipient. projecdprogram. ± 4&5. Contact Person/Phone: Enter the name and telephone number item B: Enter the total dollar amount of contracts connected with this Iof the person with knowledge of the award and the rocipiont's project awarded to Section 3 businesses, implementation of Section 3. Item C: Enter the percentage of the total dollar amount of contracts 6. Reporting Period: indicate the time period(months and year) connected with this projectlprogram awarded to Section 3 businesses. this report covers. Item D. Enter the number of Section 3 businesses receiving awards, 7. Date Report Submitted: Enter the appropriate date. Part III: Summary of Efforts—Self-explanatory Submit one(1)copy of this report to the HUD Headquarters Office of 111 Fair Housing and Equal Opportunity,at the same time the The Secretary may establish income ceilings higher or lower than 80 percent performance report is submitted in the program office. The Section 3 of the median for the area on the basis of the Secretary's findings such that report is submitted by January 10. Include only contracts executed variations are necessary because of prevailing levels of construction costs during the period specified in item 8. PHAs11HAs are to report all or unusually high-or low-income families. Vory tow-income persons mean contracts/subcontrads. low-income families(including single persons)whose incomes do not exceed 50 percent of the median family income area,as determined by the * The terms"low-income persons"and very low-income persons'have Secretary with adjustments or smaller and larger families,except that the the same meanings given the terms in section 3(b)(2)of the United Secretary may establish income ceilings higher or lower than 50 percent of States Housing Act of 1937. 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WQo Eu m-n c�oaa o m ao o U G U -o p. C 'i ._ 1] C O U m m C o N a •° C N d n N U m o m t0 m UI E N C L i1 O noa.�n3mp-wO�ow acE��'W' .T�m°i.c�m a�m aEm�v.�=. ,pm,,1"c E o ❑c � a�O �+ L`AE•nma�c °y a Fm iNp Lmo a-N Nmrt .NN mLm ui rno Nmmo.o PcEca �cm.o�pa�c°[oC •c�c°o Uc=Oo Mn w? °0 cWZ -m Ls m mo ma o v b� E 0 E o'Ernm -m ow E 3 r m w o OSz o o� C0 •`y .S O ° O�._ m . Qrn- o Ai nmmca a O.a aEm E N y,co �o UN Z2"i ° °U A' m aN Na w U N o=y U rn oN [7 U N (7 Z -o Q d L F '� a7 m o m U m W (/1 Ua n1 V.° in c c E o L O m C p w X m ?,p ,(7 m p U 0/3 Yl t a m p o N - bEEc7m U m Fm,n aaco U Y vim n�am r rmoom n .aa�- w n ra n na•..0 i- F. i i DAVIS IS BACON REQUffREME V TS9 FORMS AND GUIDANCE A. Wage Determination F B. Contractor Information C. Subcontractor Information D. Certificate from Contractor Appointing Officer E. Start of Construction F. Construction Complete G. Payroll Deduction Authorization H. Equal Employment Opportunity I. Poster-Employee Rights (English) J. Poster-Employee Rights (Spanish) K. W11-347-Payroll Form/Certification of Compliance L. WH-347-Instructions M. Record of Employee Interview N. Davis-Bacon Contractor Guide f F i E General Decision Number: TX180322 01/12/2018 TX322 Superseded General Decision. Number: TX20170322 State: Texas Construction Type: Building County: Tarrant County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis--Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 11 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 $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5. 1 (a) (2)- (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 01/12/2018 ASBE0021--011 06/01/2016 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Duct, Pipe and Mechanical- - - ------- SystemInsulation) . . . .$ 24 .32 7.52 ----- BOIL0074-003 01/01/2017 Rates Fringes i BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 28 .00 22.35 CARP1421-002 04/01/2016 iRates Fringes ! MILLWRIGHT. . . . . . . . . . . . . . . . . . . . . . .$ 26.60 8.65 ------------------_------------------------------------------------- j * ELEV0021-006 01/01/2018 Rates Fringes ELEVATOR MECHANIC. . . . . . . . . . . . . . . .$ 39. 97 32. 645+a+b FOOTNOTES: A. 6% under 5 years based on regular hourly rate for all hours worked. 80 over 5 years based on regular hourly rate for all hours worked. B. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Veterans Day. --------------------------------------m----_--------------_----- ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane. . . . . . . . . . . . .$ 29.00 10. 60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above. . . . .$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under. . . . . . . . . . . . . .$ 27.50 10. 60 ---------------------------------------------------------------- IRON0263-005 06/01/2017 Rates Fringes IRONWORKER (ORNAMENTAL AND STRUCTURAL) . . . . . . . . . . . . . . . . . . . . . .$ 23.25 7.32 ---------------------------------------------------------------- PAIN0053-004 04/01/2014 Rates Fringes PAINTER (Brush, Roller, and Spray (Excludes Drywall Finishing/Taping) ) . . . . . . . . . . . . . . .$ 16. 40 5.45 --- ------------------------------------------------------------ PLUM0146-003 05/01/2016 Rates Fringes PIPEFITTER (Excludes HVAC Pipe Installation) . . . . . . . . . . . . . . .$ 29.48 8.30 ---------------------------------------------------------------- SUTX2014-048 07/21/2014 Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 20. 66 0.00 CARPENTER, Excludes Drywall I Hanging, Form Work, and Metal Stud Installation. . . . . . . . . . . . . . . .$ 15. 47 1.82 CEMENT MASON/CONCRETE FINISHER. _ .$ 13. 44 0. 00 DRYWALL FINISHER/TAPER. . . . . . . . . . .$ 16.24 3. 94 DRYWALL HANGER AND METAL STUD INSTALLER. . . . . . . . . . . . . . . . . . . . . . . .$ 16.20 3. 40 .ELECTRICIAN (Alarm Installation Only) . . . . . . . . . . . . . . .$ 18 .00 0.38 ELECTRICIAN (Low Voltage Wiring Only) . . . . . . . . . . . . . . . . . . . . .$ 14 .88 2. 15 ELECTRICIAN (Sound and Ij Communication Systems Only) . . . . . .$ 17.79 2.41 ELECTRICIAN, Excludes Low Voltage Wiring and Installation of Alarms/Sound and Communication Systems. . . . . . . .$ 20.59 3.98 FORM WORKER. . . . . . . . . . . . . . . . . . . . . .$ 12.35 0.00 GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 16. 61 2. 96 HVAC MECHANIC (MVAC Unit Installation Only) . . . . . . . . . . . . . . .$ 22.39 7 .10 INSTALLER -- SIDING (METAL/ALUMINUM/VINYL) . . . . . . . . . . .$ 15.77 0.00 IRONWORKER, REINFORCING. . . . . . . . . .$ 12. 19 0.00 LABORER: Common or General. . . . . .$ 11.30 0.00 LABORER: Mason Tender - Brick. . .$ 10.50 0.00 LABORER: Mason Tender - Cement/Concrete. . . . . . . . . . . . . . . . . .$ 10.81 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 13.00 0.35 LABORER: Roof Tearoff. . . . . . . . . . .$ 11.28 0.00 LABORER: Landscape and Irrigation. . . . . . . . . . . . . . . . . . . . . . .$ 10.00 0.00 OPERATOR: Backhoe/Excavator/Trackhoe. . . . . . .$ 13.09 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 13. 93 0.00 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 18.29 1.31 OPERATOR: Drill. . . . . . . . . . . . . . . . .$ 17. 60 0.50 OPERATOR: Forklift. . . . . . . . . . . . . .$ 14 .20 0.00 OPERATOR: Grader/Blade. . . . . . . . . .$ 12.95 0.00 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 12 .89 1.19 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 17 .52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 18 . 44 0.00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 15.04 0.00 PIPEFTTTER (HVAC Pipe Installation Only) . . . . . . . . . . . . . . .$ 21.28 4 .45 PLASTERER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.30 0.00 PLUMBER, Excludes HVAC Pipe Installation. . . . . . . . . . . . . . . . . . . . .$ 22. 10 4.17 ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.70 0.58 SHEET METAL WORKER (HVAC Duct Installation Only) . . . . . . . . . . . . . . .$ 21.54 5.59 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 18 . 63 0.65 SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . .$ 19.27 3. 68 TILE FINISHER. . . . . . . . . . . . . . . . . . . .$ 11.22 0.00 TILE SETTER. . . . . . . . . . . . . . . . . . . . . .$ 12.00 0.00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 12 .39 1.18 TRUCK DRIVER: Flatbed Truck. . . . .$ 19. 65 8.57 TRUCK DRIVER: Semi-Trailer Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.50 0.00 TRUCK DRIVER: Water Truck. . . . . . .$ 12.00 4 . 11 -----_-----------------------------------------_-__----------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 1.3706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon. Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours G they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health--related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after j 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 Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% 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 riot 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. F Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final. F END OF GENERAL DECISION I I F City of Fort Worth Community Development Block Grant(CDBG) Construction projects CONTRACTOR RTORMATJI:ON bate: Project: Contractor: Address: City: F Telephone: Fax: l .Federal I.D. #: Officers of the Corporation: President: Vice President: Secretary: Treasurer; If sole ownership or partnership, list owner(s): f I certify at the time of execution, hereof,ncither my company nor my corporate officers (if ` incorporated)are listed in the list of Debarred, Suspended, and Ineligible Contractors maintained by the U.5 Department of'Housing and Urban.Development(HUD). i Signature; Y s City of Fort Worth Community Development Block Grant(CDBG) Construction Projects SUBCONTRACTOR INFORMATION Date: Project: Subcontractor: Address: City: Telephone: Fax: Federal I.D. #: Officers of the Corporation: President: Vice president: Secretary: Treasurer: If sole ownership or partnership,list owner(s), I certify at the time of execution,hereof, neither my company nor my corporate officers (if incorporated)are listed in the list of Debarred, Susponded, and Ineligible Contractors maintained by the U.S Department of Housing and Urban Development (HUD), Signature: U. S. Department of Housing and Urban Development CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES Project Name Date Location Project No. (I) (We)hereby certify that(I am) (we are)(the prime contractor) (a subcontractor) for in connection with construction of the above-mentioned Project, and that (1) (we)have appointed whose signature armears belo y,to supervise the lagMent of(my) four) ernployges beginning 20 ; that he/she is in a position to have fall knowledge of the facts set forth in the payroll documents and in the statement of compliance required by the so-called Kick-Hack Statute which he/she is to execute with (my) (our) full authority and approval until such time as (1)(eve)submit to a new certificate appointing some other person for the purposes hereinabove stated. Attest(if required): (Signature) (Title) (Title) — NOTE: This certificate must be executed by an authorized officer of a corporation, by a member of a partnership,or the sole owner and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed, a new certificate must accompany the first payroll for which the new appointee executes a statement of compliance required by the Kick-Back Statute. DAL/DAO-1340.3/2 (6-'79) City of Fort North Community Development Block Grant(CDBG)Funded Construction Projects START OF CONSTRUCTION (Date) Project Name: Location: Project Number: U.S. Department of Labor Wage Decision: This is to inform you that the, (Name of Company) of (Address) (City/Town) has started work on the above referenced project covered by our (State) (Zip) contract with you, as of (Date) i Respectfully yours, (Name of Company) By_ (Signature) (Title) M i City Of Fort Worth Community Development dock Grant(CDBG)Funded Construction Projects CONSTRUCTION COMPLETE Date: Project Name: k Proj ect Location: Project Numbcr: U.S.Department of Labor Wage Decision: This to inform you that the: (Name of Company) of i (Address) (City/Town) s has terminated work on the above referenced project covered (State) (Zip) by our contract with you,as of Respectfully yours, (Name of Company) i - L By (Signature) ' (Title) l . i F C f C Payroll Deduction A"then ation This Is the authorization to the 1 to deduct from my paycheck * This is for item number: REPAYMENT OF: I 1. Lean 7. Credit Union 2. Retirement 8. Profit Sharing 3. Advance on Wages 9. Donations to Agencies 4. Savings 10. Insurance Premiums 5 6. Savings Bonds 11. Union Clues ` 6. Uniforms 12. *This deduction is to be made: 1 CHECK APPROPRIATE BOX One time only Weekly Bi-weekly For weeks Date: Employee's Signature Printed or Typed Name: I Project Name and Number: 3 K PAYROLL VEDUCriONAMHORIZA"ORDOC I } f L f STATEMENT OF POLICY ON a EQUAL EMPLOYMENT OPPORTUNITY It will be the policy of this f rm to not discriminate against any applicant for employment, or any employee, because of race, creed, color, age, sex, or natural origin. This firm will insure that this policy is continually enforced with regard to employment,promotion,upgrading,demotion,transfer, recruitment, and recruitment advertising, lay off and termination, compensation, training, and working conditions. We will make it understood by all with whom we deal, and in all our employment opportunity announcements that the foregoing is our policy. All applicants and employees will be judged solely on the basis of their skill,devotion loyalty,reliability and integrity. Company Name Signature Date i f E-i M P L(0)1Y LUAWM��MAQBM ACV FOR LAORFE ANO WECHA NNS OMPOOV00 ON MURAL 00 00 D 00I000 t A0000YEr CONSTRU IVY q0W] O OJ 00 THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION p wa ge be must You aid not less than the a rate listed in the Davis-Bacon r WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week.There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years.A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution,fines and/or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below; Scott McDonald Senior Contract Compliance Specialist Neighborhood Service Department Compliance Division -----------------------_-_-_-------------------------------- City of Fort WoAh 200 Texas Street Fort Worth Texas 76102 817-392.6203 Fax 817-392-7329 scott.mcdonald@fortworthtexas.gov or contact the U.S. Department of Labor's Wage and Hour Division. For a unz rnatO f:J:V W 1 US W end 1J[vtslan 866°';487 9243)} ITY:':l. 877 S$927 t I arras o -, 1 ' S t U.S.Department of Labor I Employment Standards Administration wage and Hour Division WN 1321(Revised April 2000) F { L F _o "Ain LA L ov © « p o �' o ORR EMUS o MFGA MCUS EMPLEARDS EX 000 r000 of CONSYMCMUS PEP)ERA o COX AMSTENC R FRO)ERA L LA SEGGION DE HORAS Y SUELDOS DEL DEPARTAMENTO DE TRA13AJO DE EEUU SAI ARILS No se[e puede pagar menos de la tasa de pago indicada en la Decisi6n de Saiarios PREVAIoEClENTES Davis-Bacon fijada con este Avfso para of trabajo que Ud. desempefia. SOHRiETIEiMPO So le ha de pagar no menos de tiempo y medio de su tasa basica de pago por todas las horas trabajadas on exceso de 40 en una semana laboral. Existen pocas excepciones. CUMPLIiV IENTO So pueden retener pagos por contratos para asegurarse que los obreros reciban los salarios y of pago do sobretlempo debfdos,y se podrla ap[icar danos y perjuicios sI no se cumple con las exigencfas del pago do sobretiempo. Las cfausufas contractuales de Davis-Bacon permiten fa terminacl&y excfusi6n de contratistas para efectuar futuros contratos federa[es hasta tres anos. El contratfsta que fa[sffique Jos regfstros certificados de[as n6minas de pago o induzca devoluc[ones de salarios puede ser sujeto a procesam[ento civil o criminal,multas y/o encarcelamiento. APRENDICES Las tasas de aprendices s6io so aplican a aprendices correctamente Inscritos bajo programas federales o estatales aprobados. PAGO SI Ud.no recibe el pago apropiado, o precisa de information adic[onal sobre los APROPIADO salarios aplicables, p6ngase en contacto con of Contratista Qficial que aparece abajo: Sylvia Flores Hainan Services Specialist ---------------------------------------- -------------------- r Neighborhood Service Department City of Fort Worth 200 Texas Street Fort Worth Texas 76102 817-392-8550 Fax 817-392-7328 sylvia.flores@fortworthtexas.gov o pongase on contacto con la Secci6n de Horas y Sueldos del Departamento de ` Trabajo de EEUU. obteher,fnT0r-M. ion a lclorlal: 'f " - ) U: SM"W, ASS 24;3)`. 01" r U.S.Department of Labor I Employment Standards Administration Wage and Hour Division V4tl 1321 SPA{nevissd Apri120aP) p � W rn L[J O lRL '$ E N x to � O mm m L mN a n W L 2 $�c �4 O F•O -FCN v-�.'� tY 16 O C H a O 1 fA O ¢ r 7 WOW Fi'�"y m �o W CJ C I"S Q 0 Ails�� a o � m o c m rn F {� 4 2� pl 0Oa IL fill viQl o c Q O 7 ❑ Mo. 0 O � F71�1�3011NlIlYI o C �,� E fi o z_0 ya m 1 _o x h C CC N } 0- UI(�yR�� � O ❑ ❑Q 3 Ovo C YI 0! 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N r m b C P Q- [•1 L° N m W W W C a no a ,-Ito, a o E a S o c> CD CQ o ot� m 6C'_a n c �uj h0goo � aE w - CL Ed o m �� m 0 CL U 7 0 V -0 C�V- m N �� m� N co � U� N m .� c � caN�uMi CL S pa n�t0 cu c m m c 3 vs EU n m o ei V a s N � v Ewa Z o a ° ID Z r C3 o � 2� � pmNm°� . wm m A LIA 7 N m 00 L U al c O�,d,N~ la ry 0. u! o ar m m m m roCL 2 a o o E a1tlirn-3n EmN m CL aumi Q m �mm crj 8 � Q or f0`ice- LL i- C N+l- }'•.0 P co N v QW N �N i0v' f1N vQ-4-rt is O — dim 0 1 p` f S LL 4=.m U iU U ca Q Q 1 Yo Tv�) \#(OR V n Davis-Bacon Payroll Form Completion Instructions NOTE: Form WH-347 (PDF) can be found at http://wvvw.dol.gov/whd/forms/wh347.pdf Page I Contractor or Subcontractor: Name of the firm. Check "contractor' or "subcontractor" Address: Contractor's mailing address (not the address of the jobsite) Payroll No.: If this is your first payroll submission for this project, enter "1". If this is your second submission -- "2", etc. I For Week Ending: Date the work week ended (i.e. 9/24/2010) Project and Location: Type of project, and the address of the jobsite (NOT the firm's address) Project or Contract No.: Project or Contract number (if any) Column 1 - Name and Individual Identifying Number of Worker: Full name of the worker (i.e. "John Smith"), as well as the last 4 digits of their Social Security number (111-22-3297 would be "3297"). t In this example, the employee would be listed as "John Smith --3297". -Column 2 - No. of Withholding Exemptions: Number of exemptions being claimed by the employee, found on the employee's W-4 form. This figure is used to compute "Withholding Tax" (see below) Column 3 -Work Classifications: A description of the work being performed by the employee, using Davis-Bacon terminology (i.e. "Plumber", "HVAC Pipe Installer", etc.). NOTE: All employees cannot "Laborer". Column 4 - Hours worked: In the top of each column, list Date (9/20-9/24) and Day of the Week (Mon-Fri) for each day of the workweek reported. List any overtime hours in the row labeled "O". List all regular(standard) hours in Row "S". NOTE: In Texas, any work over 40 hours per weep is considered overtime. Column 5 - Total: Total of all hours listed in the row. NOTE: If using the electronic version of the form (link above), this number will be calculated automatically. Column 6 - Rate of Pay (Including Fringe Benefits): If completing the form manually: ❑ Overtime rate is 1.5x the Davis-Bacon wage, plus fringe amounts, and entered in f the row labeled "O" (e.g. in our example, John Jones would be listed as $69.13). ❑ Question: How was overtime calculated? Regular Wage $ 36.22 Fringe Rate + $ 14.50 Standard Rate $ 51.02 Regular Rate X 1.5 (overtime) $ 54.33 PLUS: Fringe Rate+ $ 14.80 ------------------------------------------------------------------------- Overtime Rate $ 69.13 ❑ Fringe Rate is not subject to the overtime calculation (1.5x); the amount is added to the base calculation, as shown above. MOTE: Overtime wages are paid on the BASE rate ONLY. For example, ❑ Standard (also: Regular) Rate: two entries are required: o First—enter the Wage rate, found on the Davis-Bacon Act Wage Determination form, for the county worked based on the employee's work classification (e.g. John Jones would have an hourly rate'of $23.49). o Second — enter the Fringe amount, found on the Davis-Bacon Wage Determination form the county worked based on the employee's work classification (e.g. John Jones would'have $14.80 in Fringe Benefits). If completing the form electronically: ❑ Overtime rate-- as above ❑ Standard (also: Regular) Rate-- as above. Two entry boxes will be listed on the form: In the first, enter the employee's Davis-Bacon rate of pay; in the second, the employee's Fringe pay rate (found on the Davis-Bacon Act Wage Determination form). . Column 7 - Gross Amount Earned: The sum of Hours Worked (from Column 5) multiplied by the Rate of Pay (Column 6)for both the overtime ("O") and standard ("S" — also called regular) hours reported. MOTE: If an employee worked on more than one project during the period reported, the top number should reflect the earnings from THIS job, and the lower number should include all wages for the week. Column 8 - Deductions: List all Deductions found on the employee's weekly paycheck. FICA, is calculated by multiplying the employee's Gross Wages (from Column 7) by 4.00% (in this example, John Jones, earning $2351.89, would have $179.92 listed as his FICA deduction]). However, note that for 2011 only, the employee portion of Social Security is reduced to 4.2% instead of.6.2% (employers still pay the full 6.2% rate.). This payroll tax holiday was legislated as part of H.R. 4853, the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act of 2010. Starting 2012, the employee-portion of Social Security will revert back to the full 6.2%. Page 2 Statement Required by Regulations: The person filling out the form on behalf of the company enters their name, name of the company, name of the project as well as the payroll period being submitted. (e.g. in our example, the form is being complete by Dave Diamond, CEO of ABC Company for the Anne Arundel Space Agency Solar System for the period September 20-24, 2010.) In the free form area, enter any information about other monies being deducted (e.g. child support, etc.) f k i Payment of fringe benefits: Contractors must either make payments to approved fringe programs or pay these monies to the employee in the form of cash. The amount of fringe benefits is provided on the Davis Bacon wage Fate forms provided to you. If you pay the required Davis Bacon Act fringe benefit rate into a bona fide fringe benefit plan for all wormers, check Box (4)(a). It is not necessary to show the amount paid into these plans on the first page in Column (6). It will be necessary to maintain supporting documents for the benefit plan(s), and documents that evidence the contractor's contributions for those plans. Compliance reviews will include a review of these documents. The "Statement of Compliance" must be signed by a principal of the firm (owner or an officer such as president, treasurer, or payroll administrator). The signature must always be that of a person who has authority to direct the payment of wages and benefits to the workers. The statement does not need to be notarize the statement (on page 2 of the payroll form); however, the contractor is subject to the penalties provided by 18 U.S.C. § 1001, namely, a fine, possible imprisonment of not more than 5 years, or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. All Payroll Forms are subject to review by the City of Fort Worth. Contractors will be required to correct any errors noted. ,Should our review determine that an employee was underpaid,' the contractor will be required to submit proof that the employee was reimbursed for the amount in question. No payments to contractors shall be made until submissions have been reviewed by the City or its representatives. Payroll records may be reviewed by the City or.its representatives at any time. r r k I Record Of U.S. Department of Housing OMB Approval No.2501-0009 r� �® ee Interview and Urban Development (exp. 08/31/2007) p Office of Labor Relations Public reporting burden for this collection of Information Is estimated to average 15 minutes per response,including the time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information.This agency may not collect this information,and you are not required to complete Is form,unless it displays a currently valid OMB control number. The information is collected to ensure compliance with the Federal labor standards by recording interviews with instruction workers.The information collected will assist HUD In the conduct of compilance monitoring;the information will be used to test the veracity of certified payroll reports ,bmitted by the employer,Sensitive information.The Information collected on this forrn is considered sensitive and is protected by the PrivacyAct,The Privacy Act requires that these records be maintained with appropriate administrative,technical.and physical safeguards to ensure their security and confidentiality.In addition,these records should be protected against any anlialpated threats or hazards to their security or Integrity that could result In substantial harm,embarrassment,Inconvenience,or unfairness to any Individual on whom the rrmation Is maintained.The information collected herein Is voluntary,and any Information provided shall be kept confidential. Project Name 2a. Fmployee Name :. Project Number 2b. Employee Phone Number(including area code) 1c. Contractor or Subcontractor(Employer) 2c. Employee Rome Address&Zip Code 2d. Vorfflcation of Identification? Yes❑ No ❑ 3a.How long on this 3b.Last date on this 3c.No,of hours last 4a.Hourly rate of pay? 4b. Fringe Benefits? 4c, Pay stub? ^h? job before today? day on this job? Vacation Yes❑ No ❑ Yes❑ No ❑ Medical Yes❑ No ❑ Pension Yes❑ No ❑ 'Your job classifcation(s)(list all)- continue on a separate sheet if necessary i 3. Your duties Toots or equipment used Y N Y N 3.Are you an apprentice or trainee? ❑ ❑ 10.Are you paid at least time and for all hours worked in excess of 40 in a week? ❑ ❑ ;are you paid for all hours worked? ❑ ❑ 11.Have you ever been threatened or coerced into glving up any part of your pay? ❑ ❑ .ch, Employee Signature 12b. Date Duties observed by the Interviewer(Please be specific.) s Remarks . Interviewer name(please print) 15b. Signature of Interviewer 15c. Date of interview t oli Examination Remarks 7a, Signature of Payroll Examiner 17b, Date 'rovtous edtflons ai-e oGsolete Pane 1 of 2 form HUM! (t)liM") r��'"E"'°`4. U.S. Department of Housing 4 and Urban Development Il� *; Labor Relations Desk Guide '^' LRO I{.DG A-I i I - D.. V— - I r- -ON L A- Bu/ STANDAHO �) i I Contractor's Guide Z to Prevailing Wage- Requirements- for Faderally-Asowisted Construction Projects '+ { b }4 L y .1 1 VII'{+. January 2012 ' .. 1 Previous versions obsolete F I i r NTRODUCTION This Guide has been prepared for you as a contractor performing work on construction projects that are assisted by the Department of Housing and Urban Development and subject to Davis- Bacon prevailing wage requirements. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract. In this latter case, the Federal Acquisition Regulations (FAR) are appli- cable. While the guidance contained in this Guide is generally applicable to any Davis-Bacon covered project, specific questions pertaining to direct Federal contracts should be addressed to the Contracting Officer who signed the contract for the Federal agency. Our objective here is to provide you with a guide which is simple and non-bureaucratic yet comprehensive and which will help you better understand and comply with Davis-Bacon labor standards. HUD's Office of Labor Relations worked closely with the Department of Labor's Wage and Hour Division to make sure that the labor standards provisions in your contract and the specifics of complying with them represent the latest information. It is the Department of Labor which has general administrative oversight of all Federal contracting agencies, such as HUD, which administer the day-to-day responsibilities of enforcing Davis-Bacon provisions in construction contracts they either fund or assist in funding. i ' There are three chapters in this Guide. The first chapter offers a brief description of the laws and regulations associated with Federal labor standards administration and enforcement and discusses both what's in your contract that requires Davis-Bacon compliance and your respon- sibilities. The second chapter deals with labor standards and payroll reporting requirements. The third chapter discusses what can happen in the event there is a dispute about the wage rates that should be (or have been) paid and any back wages that may be due. Finally, not all HUD construction projects are covered by Davis-Bacon wage rates. For the pur- pose of this Guide, we are assuming that a determination has already been made that Davis- Bacon wage rates are applicable. Should you wish assistance in determining whether Davis- Bacon wage rates apply to a particular project or if you need other related technical assistance, please consult with the HUD Labor Relations Field staff for your area. If you don't know which staff to contact, a list of Labor Relations field offices and their geographic areas and telephone numbers can be found on HUD's Home Page at the address below. Visit the Office of Labor Relations on-line: 's httV.Ilwww.hudg oylofficesloir CObtain additional copies of this Guide and other publications at our website or by telephone from HUD's Customer Service Center at (800)767-7468. i p� f SABLE OF CONTENTS } INTRODUCTION................................................................................................................i } CHAPTER 1 LAWS, REGULATIONS, CONTRACTS i AND RESPONSIBILITIES IES............................................................. 1-1 DAVIS-BACON AND OTHER LABOR LAWS. ....................................................... 1--1 G a. The Davis--Bacon Act (DBA)............................................................................... 1-1 b. The Contract Work Hours and Safety Standards Act (CWHSSA)...................... 1-1 r c. The Copeland Act (Anti-Kickback Act)................................................................ 1--2 d. The Fair Labor Standards Act (FLSA) .............. 1-2 1-2 DAVIS-BACON REGULATIONS............................................................................. 1-2 f 1-3 CONSTRUCTION CONTRACT PROVISIONS ...................................................... 1-2 1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR...................................... 1-3 15 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR................................. 1-4 CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS AND PAYROLL REPORTING REQUIREMENTS .............................2-1 F SECTION - I THE BASICS 2-1 THE WAGE DECISION ...........................................................................................2-1 a, The work classifications and wage rates............................................................2--1 b. Posting the wage decision..................................................................................2-2 2-2 ADDITIONAL "TRADE" CLASSIFICATIONS AND WAGE RATES.......................2-2 a. Additional classification rules .............................................................................2--2 b. Making the request.............................................................................................2-3 c. HUD review........................................................................................................2--3 d. DOL decision.......................................................................... ..........................2-3 2-3 CERTIFIED PAYROLL REPORTS 2- a. Payroll formats ...................................................................................................2-4 b. Payroll certifications ...........................................................................................2-4 c. "No work" payrolls .............................................................................................. - d. Payroll review and submission...........................................................................2-5 e. Payroll retention .................................................................................................2-5 f. Payroll inspection 2-4 DAVIS-BACON DEFINITIONS................................................................................2-5 a. Laborer or mechanic ..........................................................................................2-5 F b. Employee c. Apprentices and trainees....................................................................................2--6 d. Prevailing wages or wage rates .........................................................................2-7 e. Fringe benefits....................................................................................................2-7 f. Overtime.............................................................................................................2-7 g. Deductions ................. ...........2-8 h. Proper designation of trade................................................................................2-8 i. Site of work.........................................................................................................2-8 ' iii SECTION it REPORTING REQUIREMENT 2-5 COMPLETING A PAYROLL REPORT....................................................................2-9 a. Project and contractor/subcontractor information...............................................2-9 b. Employee information.........................................................................................2-9 c. Work classification..............................................................................................2-9 d. Hours worked .....................................................................................................2-10 e. Rate of pay.........................................................................................................2-10 f. Gross wages earned ..........................................................................................2-10 g. Deductions .........................................................................................................2-11 h. Net pay............................ .. ...........................................................2-11 i. Statement of compliance....................................................................................2-11 j. Signature............................................................................................................2-11 SECTION III - PAYROLL REVIEWS AND CORRECTIONS 2-6 COMPLIANCE REVIEWS.......................................................................................2-12 a. On-site interviews...............................................................................................2-12 b. Project payroll reviews .......................................................................................2-12 2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS .......................2-12 a. Inadequate payroll information...........................................................................2-12 b. Missing identification numbers...........................................................................2-12 c. Incomplete payrolls ............................................................................................2-13 d. Classifications ....................................................................................................2-13 e. Wage Rates........................................................................................................2-13 f. Apprentices and trainees....................................................................................2-13 g. Overtime.............................................................................................................2-13 h. Computations.....................................................................................................2-13 i. Deductions .........................................................................................................2-13 j. Fringe benefits....................................................................................................2-14 k. Signature............................................................................................................2-14 I. On-site interview comparisons ...........................................................................2-14 m. Correction certified payroll..................................................................................2-14 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES.............................................2-14 a. Notification.................................................. ...2-14 ..................................................... b. Computing wage restitution................................................................................2-15 c. Correction certified payrolls................................................................................2-15 d. Review of correction CPR..................................................................................2-15 e. Unfound workers ................................................................................................2-15 iv i f CHAPTER 3 LABOR STAMDARDS DISPUTES, ADMINISTRATIVE REVIEWS, wl`1"H11OLDING, DEPOSITS AND ESCROW ACCOUNTS, AND SANCTIONS.......................................................3-1 3-1 INTRODUCTION .....................................................................................................3-1 3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES.....................3-1 a. Additional classifications and wage rates...........................................................3-1 b. Findings of underpayment......................... 3-3 WITHHOLDING.................. .....3-2 3-4 DEPOSITS AND ESCROWS ..................................................................................3-3 3-6 ADMINISTRATIVE SANCTIONS ............................................................................3-4 a. DOL debarment..................................................................................................3-4 b. HUD sanctions ...................................................................................................3-4 3•6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS........................................3-5 APPENDICIES ACRONYMS AND SYMBOLS............... ..,............A-1 DAVIS-BACON - RELATED WEB SITES* ............... .........A-2 F HUD-4720, Project Wage Rate Sheet .... WH-347, Payroll Form/Statement of Compliance................ .......A-4 k F V i CHAPTER I LAWS, REGULATIONS, C NTRAG S AND RESPONSIMLITIE The following paragraphs describe what the labor standards laws and regulations actually say and what they mean to you on HUD projects- 1-1 DAViS-BACON AND OTHER LABOR LATHS. a. The Davis-Bacon Act (I)BAL The Davis-Bacon Act requires the payment of prevailing wage rates (which are determined by the U.S. Department of Labor) to all laborers and mechanics on Federal government and District of Columbia construction projects,in 1 excess of $2,000. Construction includes alteration and/or repair, including painting and decorating, of public buildings or public works. F UD construction work is not covered by the DBA itself since HUD seldom contracts for construction services. Most often, if Davis-Bacon wage rates apply to a HUD t is because of a labor provision contained in one of HUD "Related Acts" such as the U. S. Housing Act of 1937, the National Housing Act, the Housing and Community Development Act of 1974, the National Affordable Housing Act of 1990, and the Native American Housing Assistance and Self-Determination Act of 1996. The Related Acts are often referred to as the Davis-Bacon and Related Acts or DBRA. b. The Contract Work Hours and Safety Standards Act (CWHSSA). CWHSSA requires time and one-half pay for overtime (O/T) hours (over 40 in any workweek) worked on the covered project. The CWHSSA applies to both direct Federal contracts and to indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA violations carry a liquidated damages penalty ($10/day per violation). Intentional violations of CWHSSA standards can be considered for Federal criminal prosecution. CWHSSA does not apply to prime contracts of$100,000 or less. In addition, some HUD projects are not covered by CWHSSA because some HUD programs only provide loan ill guarantees or insurance. CWHSSA also does not apply to construction or rehabilitation '. contracts that are not subject to Federal prevailing wage rates (e.g., Davis-Bacon wage rates, or HUD-determined rates for operation of public housing and Indian block grant- assisted housing). However, even though CWHSSA overtime pay is not required, Fair Labor Standards Act (FLSA) overtime pay is probably still applicable. (See also Labor Relations Letter SL-96-01, CWHSSA Coverage threshold for overtime and health and safety provision, available on-line at the HUD Labor Relations Library at: www.hud.gov/ offices/olr/library.cfm) 1.,1 c. The Copeland Act Anti-Kickback Act . The Copeland Act makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally- assisted project) to kickback (i.e., give up or pay back) any part of their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permissible payroll deductions. d. The Fair Labor Standards Act (FLSA), The FLSA contains Federal minimum wage rates, overtime (O/T), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA. HUD will refer to the DOL any possible FLSAviolations that are found on HUD projects. 1-2 DAVIS-BACON REGULATIONS. The Department of Labor (DOL) has published rules and instructions concerning �. Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Title 29 CFR Parts a, 3, 5, 6 and 7. Part 1 explains how the DOL establishes and publishes DBA wage determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements for payroll deductions and the submission of weekly certified payroll reports. Part 5 covers the labor standards provisions that are in your contract relating to Davis-- Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal labor standards on construction and service contracts. Last, Part 7 sets parameters for practice before the Administrative Review Board. These regulations are used as the basis for administering and enforcing the laws. DOL Regulations are available on-line on the World Wide Web: http:llwww.dol.govldollallcfr/Title 29.htm 1-3 CONSTRUCTION CONTRACT PROVISIONS Each contract subject to Davis-Bacon labor standards requirements must contain labor standards clauses and a Davis-Bacon wage decision. These documents are normally bound into the contract specifications. a. The labor standards clauses. The labor standards clauses describe the responsibilities of the contractor concerning Davis--Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract administrator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-2554, Supplementary Conditions to the Contract for Construction, which is issued primarily for FHA multifamily housing and other construction projects 1-2 I administered by HUD; the HUD-4010, Federal Labor Standards Provisions, which is used for CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction or the HUD-5370-EZ (construction contracts _<$100,000) which are used for Public and Indian Housing projects. =program standards forms are available on-line at: sladm/hudclips/index.cfm r b. Davis-Bacon Wage Decisions. The Davis-Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people performing work in those classifications must be paid. Davis-Bacon wage decisions are established by the DOL for various types of construction (e.g., residential, heavy, highway) and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified from time to time to keep them current. In most cases, when the contract is awarded or when construction begins, the wage decision is "locked-in" and no future modifications are applicable to the contract or project involved. j All current Davis-Bacon wage decisions can be accessed on--line at no cost at: http://www.wdol.gov 1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR The principal contractor(also referred to as the prime orgeneral contractor) is responsible for the full compliance of all employers (the contractor, subcontractors and any lower-tier subcontractors) with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his/her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor. (See Contract Administrator, below.) To make this Guide easier to understand, the term "prime contractor" will mean the principal contractor; "subcontractor" will mean all subcontractors including lower-tier subcontractors, and the term "employer" will mean all contractors as a group, including the prime contractor and any subcontractors and lower-tier subcontractors. 1-3 1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR. The contract administrator is responsible for the proper administration and enforcement of the Federal labor standards provisions on contracts covered by Davis-Bacon requirements. We use this term to represent the person (or persons) who will provide labor standards advice and support to you and other project principals (e.g., the owner, sponsor, architect), including providing the proper Davis-Bacon wage decision (see 2-1, The Wage Decision) and ensuring that the wage decision and contract clauses are incorporated into the contractfor construction.The contract administrator also monitors labor standards compliance (see 2-6, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll reports, and oversees any enforcement actions that may be required. The contract administrator could be an employee or agent of HUD, or of a city or county or public housing agency. For HUD projects administered directly by HUD staff, usually FHA-- insured multifamily projects, the contract administrator will be the HUD Labor Relations field staff. But many HUD-assisted projects are administered by local contracting agencies such as Public Housing Agencies (PHAs), Indian tribes and tribally-designated housing entities (TDHEs), and States, cities and counties under HUD's Community Development Block Grant (CDBG) and HOME programs. In these cases, the contract administrator will likely be local agency staff. In either case, the guidance for you remains essentially the same. The DOL also has a role in monitoring Davis-Bacon administration and enforcement. In addition, DOL has independent authority to conduct investigations. A DOL investigator or other DOL representative may visit Davis-Bacon construction sites to interview construction workers or review payroll information. 1-4 i CHArrER 2 HOW TO COMPLY WffH LASOR STANDARDS AND PAYROLL REPORTING REQUIREMENTS WHERE TO START? Now that you know you're on a Davis-Bacon project and you know some of the legal and practical implications, what's next? SECTION I - THE BASICS 2-1 THE WAGE DECISION. Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters, Electricians, Plumbers, Roofers, Laborers, and other construction work classifications that may be needed for the project. The Davis-Bacon wage decision that applies to the project contains a schedule of work classifications and wage rates that must be followed. ' If you don't have it already (and by now you should), you'll want to get a copy of the applicable Davis-Bacon wage decision. =Remember, e decision is contained in the contract specifications along with the ses. See 1-3, Construction Contract Provisions. a. The work classifications and wage rates. A Davis-Bacon wage decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing work in those classifications. You'll want to make sure that the work classification(s) you need are contained in the wage decision and make certain you know exactly what wage rate(s) you will need to pay. Some wage decisions cover several counties and/or types of construction work (for example, residential and commercial work) and can be lengthy and difficult to read. Contact the contract administrator (HUD Labor Relations field staff or local agency staff) if you have any trouble reading the wage decision or finding the work classification(s) you need. To make reading lengthy wage decisions easier for you, the contract administrator may prepare a Project Wage Rate Sheet (HUD-4720). This Sheet is a one-page transcript that will show only the classifications and wage rates for a particular project. A blank copy of a Project Wage Rate Sheet is provided for you in the appendix. Also, a fillable version of this form is available on-line at HUDClips (see web address in the Appendix). Contact the contract administrator monitoring your project for assistance with a Project Wage Rate Sheet. 2-1 b. Posting the wage decision. If you are the prime contractor, you will be responsible for posting a copy of the wage decision (or the Project Wage Rate Sheet) and a copy of the DOL Davis-Bacon poster titled Employee Rights under the Davis-Bacon Act (Form WH- 1321) at the job site in a place that is easily accessible to all of the construction workers employed at the project and where the wage decision and poster won't be destroyed by wind or rain, etc. The Employee Rights under the Davis--Bacon Act poster is available in English and Spanish on-line at HUDCIips (see address in the Appendix). FThe,,Employee Rights under the Davis-Bacon Act poster (WH-1321) replaces the Notice a Employees. The new poster is available in English and Spanish on-line at HUDCIips (see address in fihe Appendix). 2-2 ADDITIONAL "TRADE" CLASSIFICATIONS AND WAGE RATES. What if the work classification you need isn't on the wage decision? If the work classification(s) that you need doesn't appear on the wage decision, you will need to request an additional classification and wage rate. This process is usually very simple and you'll want to start the request right away. Basically, you identify the classification you need and recommend a wage rate for DOL to approve for the project. There are a few rules about additional classifications; you'll find these rules in the DOL regulations, Part 5, and in the labor clauses in your contract. The rules are summarized for you here: a. Additional classification rules. Additional classifications and wage rates can be approved if: 1. The requested classification is used by construction contractors in the area of the project. (The area is usually defined as the county where the project is located). 2. The work that will be performed by the requested classification is not already performed by another classification that is already on the wage decision. (In other words, if there already is an Electrician classification and wage rate on the wage decision you can't request another Electrician classification and rate.) 3. The proposed wage rate for the requested classification "fits" with the other wage rates already on the wage decision. (For example, the wage rate proposed for a trade classification such as Electrician must be at least as much as the lowest wage rate for other trade classifications already contained in the wage decision.) And, 4. The workers that will be employed in the added classification (if it is known who the workers are/will be), or the workers' representatives, must agree with the proposed wage rate. 2-2 b. Making the request. A request for additional classification and wage rate must be made in writing through the contract administrator. (If the contract administrator is a local agency, the agency will send the request to the HUD Labor Relations staff.) If you are a subcontractor, your request should also go through the prime contractor. All you need to do is identify the work classification that is missing and recommend a wage rate (usually the rate that employer is already paying to the employees performing the work) for that classification. You may also need to describe the work that the new classification will perform. c. HUD review. The HUD Labor Relations field staff will review the requested classification and wage rate to determine whether the request meets the DOL rules outlined in paragraph 2-2(a), above. If additional information or clarification is needed, the staff will contact the prime contractor (or contract administrator for local agency projects) for more information, etc. If the Labor Relations review finds that the request meets the rules, the staff will give preliminary approval on the request and refer it to the DOL for final approval. The staff will send to you a copy of the preliminary approvallreferral letter to the DOL. If the HUD Labor Relations staff doesn't think the request meets the rules and if agreement can't be reached on the proper classification or wage-rate for the work described, the 4 HUD Labor Relations staff will not approve the request. In this case, the staff will send your request to the DOL with an explanation why HUD believes that the request shouldn't be approved. The DOL still has final decision authority. You will receive a copy of the disapproval/referral letter to the DOL. d. DOL decision. The DOL will respond to HUD Labor Relations in writing about the additional classification and wage rate request. HUD Labor Relations will notify you of the DOL decision in writing. If the DOL approves the request, the prime contractor must post the approval notice on the job site with the wage decision. If the DOL does not approve the request, you will be notified about what classification and wage rate should be used for the work in question. You will also receive instructions about how to ask for DOL reconsideration if you still want to try to get your recommendation approved. It's always a good idea to talk to the contract administrator before submitting an additional classification and wage rate request. The contract administrator can offer suggestions and advice that may save you time and increase the likelihood that DOL will approve your request. Usually, the contract administrator can give you an idea about what the DOL will finally decide. 2-3 2-3 CERTIFIED PAYROLL REPORTS. You'll need to submit a weekly certified payroll report (CPR) beginning with the first week that your company works on the project and for every week afterward until your firm has completed its work. It's always a good idea to number the payroll reports beginning with #1 and to clearly mark your last payroll for the project"Final." a. droll formats. The easiest form to use is DOUs WH-347, Payroll. A sample copy of the WH-347 is included in the back of this Guide. You may access a fillable version of the WH-347 on-line at HUDClips (see web address in the Appendix). Also, the contract administrator can provide a few copies of the WH-347 that you can reproduce. You are not required to use Payroll form WH-347. You are welcome to use any other type of payroll, such as computerized formats, as long as it contains all of the information that is required on the WH-347. b. Payroll certifications. The weekly payrolls are called certified because each payroll is signed and contains language certifying that the information is true and correct. The payroll certification language is on the reverse side of the WH-347. If you are using another type of payroll format you may attach the certification from the back of the WH- 347, or any other format which contains the same certification language on the WH-347 (reverse). DOUs website has Payroll Instructions and the Payroll form WH-347 in a °fillable" PDF format at this address: www.dol.govlwhdlforms/wh347.pdf c. "No work" payrolls, "No work" payrolls may be submitted whenever there is a temporary break in your work on the project, for example, if your firm is not needed on the project right now but you will be returning to the job in a couple of weeks. (See tip box, for "no work" payroll exemption!) However, if you know that your firm will not be working on the project for an extended period of time, you may wish to send a short note to the contract administrator to let them know about the break in work and to give an approximate date when your firm will return to the project. If you number payrolls consecutively or if you send a note, you do not need to send "no work" payrolls. E ber your payroll reports consecutively, you do not need to submit "no work" 2-4 Y d. Payroll reviewand submission. The prime contractor should review each subcontractor's payroll reports for compliance prior to submitting the reports to the contract administrator. Remember, the prime contractor is responsible for the full compliance of all subcontractors on the contract and will be held accountable for any wage restitution that may be found due to any laborer or mechanic that is underpaid and for any liquidated damages that may be assessed for overtime violations. All of the payroll reports for any project must be submitted to the contract administrator through the prime contractor. An alert prime contractor that reviews subcontractor payroll submissions can detect any misunderstandings early, prevent costly underpayments and protect itself from financial loss should underpayments occur. 3 e. Payroll retention_ Every contractor(including every subcontractor) must keep a complete set of their own payrolls and other basic records such as employee addresses and full SSNs, time cards, tax records, evidence of fringe benefit payments, for a Davis-Bacon project for at least 3 years after the project is completed. The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project. f. Payroll inspection. In addition to submitting payrolls to the contract administrator, every contractor (including subcontractors) must make their own copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL. 2-4 DAVIS-BACON DEFINITIONS. Before we discuss how to complete the weekly payroll forms, we need to review a couple of definitions. These definitions can help you understand what will be required of you: a. Laborer or mechanic. "Laborers" and "mechanics" mean anyone who is performing construction work on the project, including trade journeymen (carpenters, plumbers, sheet metal workers, etc.), apprentices, and trainees and, for CWHSSA purposes, watchmen and guards. "Laborers" and "mechanics" are the two groups of workers that must be paid not less than Davis--Bacon wage rates. 1. Working foremen. Foremen or supervisors that regularly spend more than 20% of their time performing construction work and do not meet the exclusions in paragraph 2 below are covered "laborers" and "mechanics" for labor standards purposes for the time spent performing construction work. k 2. Exclusions. People whose duties are primarily administrative, executive or clerical are not laborers or mechanics. Examples include superintendents, office staff, timekeepers, messengers, etc. (Contact the contract administrator if you have any questions about whether a particular employee is excluded.) 2-5 b. Employee. Every person who performs the work of a laborer or mechanic is "employed" regardless of any contractual relationship which may be alleged to exist between a contractor or subcontractor and such person. This means that even if there is a contract between a contractor and a worker, the contractor must make sure that the worker is paid at least as much as the wage rate on the wage decision for the classification of work they perform. Note that there are no exceptions to the prevailing wage requirements for relatives or for self-employed laborers and mechanics. For more information about working subcontractors, ask the contract administrator or your HUD Labor Relations Field Staff for a copy of Labor Relations Letter LR-96-01, Labor standards compliance requirements for self-employed laborers and mechanics. Labor Relations Letters and other helpful Labor Relations publications are available at HUD's Labor Relations web site (see the list of web site addresses in the Appendix). c. Apprentices and trainees. The only workers who can be paid less than the wage rate on the wage decision for their work classification are"apprentices"and "trainees" registered in approved apprenticeship or training programs. Approved programs are those which have- been registered with the DOL or a DOL--recognized State Apprenticeship Council (SAC). Apprentices and trainees are paid wage rates in accordance with the wage schedule in the approved program. Most often, the apprentice/trainee wage rate is expressed as a series of percentages tied to the amount of time spent in the program. For example, 0-6 months: 65%, 6 months - 1 year: 70%; etc. The percentage is applied to the journeyman's wage rate. On Davis- Bacon projects, the percentage must be applied to the journeyman's wage rate on the applicable wage decision for that craft. 1. ProbationaU apl2rentice.A"probationary apprentice"can be paid as an apprentice (less than the rate on the wage decision) if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice. 2. Pro-apprentice. A "pre-apprentice", that is, someone who is not registered in a program and who hasn't been DOL-or SAC-certified for probationary apprenticeship is not considered to be an "apprentice" and must be paid the full journeyman's rate on the wage decision for the classification of work they perform. 3. Ratio of apprentices and trainees to journeymen. The maximum number of apprentices or trainees that you can use on the job site cannot exceed the ratio of apprentices or trainees to journeymen allowed in the approved program. 2-6 If l d. Prevailing wages or wage rates. Prevailing wage rates are the wage rates listed on thb wage decision for the project. The wage decision will list a minimum basic hourly rate of pay for each work classification. Some wage decisions include fringe benefits which are usually listed as an hourly fringe rate. If the wage decision includes a fringe benefit rate for a classification, you will need to add the fringe benefit rate to the basic hourly rate unless you provide bona fide fringe benefits for your employees. 1. Piece work. Some employees are hired on a piece-work basis, that is, the employee's earnings are determined by a factor of work produced. For example, a Drywall Hanger's earnings may be calculated based upon the square feet of sheetrock actually hung, a Painter's earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked. Accurate time records must be maintained for any piece-work employees. If the weekly piece rate earnings are not sufficient, the employer must recompute weekly earnings based upon the actual hours worked and the rate on the wage decision for the work classification(s) involved. e. Fringe benefits Fringe benefits can include health insurance premiums, retirement contributions, life insurance, vacation and other paid leave as well as some contributions to training funds. Fringe benefits do not include employer payments or contributions required by other Federal, State or local laws, such as the employer's contribution to Social Security or some disability insurance payments. k Note that the total hourly wage rate paid to any laborer or mechanic (basic wage or basic wage plus fringe benefits) may be no less than the total wage rate (basic wage or basic wage plus fringe benefits) on the wage decision for their craft. If the value of the fringe benefit(s) you provide is less than the fringe benefit rate on the wage decision, you will need to add the balance of the wage decision fringe benefit rate to the basic rate paid to the employee. For example, if the wage decision requires $101hour basic rate plus $51 hour fringe benefits, you must pay no less than that total ($151hour) in the basic rate or basic rate plus whatever fringe benefit you may provide. You can meet this obligation in several ways: you could pay the base wage and fringe benefits as stated in the wage decision, or you could pay $15 in base wage with no fringe benefits, or you could pay $12 i basic plus $3 fringe benefits. You can also off-set the amount of the base wage if you pay more in fringe benefits such as by paying or $9 basic plus $6 fringe benefits; as long as you meet the total amount. The amount of the base wage that you may off set with fringe benefits is limited by certain IRS and FLSA requirements. f. Overtime. Overtime hours are defined as all hours worked on the contract in excess of 40 hours in any work week. Overtime hours must be paid at no less than one and one- half times the regular rate of basic pay plus the straight-time rate of any required fringe benefits. 2-7 g. Deductions. You may make payroll deductions as permitted by DOL Regulations 29 C1=R Part 3. These regulations prohibit the employer from requiring employees to "kick-back" (i.e., give up) any of their earnings. Allowable deductions which do not require prior DOL. permission include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings accounts, and any other legally-permissible deduction authorized by the employee. Deductions may also be made for payments on judgments and other financial obligations legally imposed against the employee. Referring, again, to our example above where the wage decision requiring a $15 total wage obligation ($10 basic wage plus $5 fringe benefits) was met by paying $9 base wage plus $6 fringe benefits: Note that overtime rates must be based on one and one-half times the basic rate as stated on the wage decision. In the above example, the employer must pay for overtime: $15/hr ($9 basic f $6 fringe) plus $5 (one-half of $10, the wage decision basic rate) for a total of$20 per hour. h. Proper designation of trade. You must select a work classification on the wage decision for each worker based on the actual type of work he/she performed and you must pay each worker no less than the wage rate on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be paid no less than the wage rate on the wage decision for Carpenters even if they aren't considered by you to be fully trained as a Carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs. 1. Split-classification. If you have employees that perform work in more than one trade during a work week, you can pay the wage rates specified for each classification in which work was performed only if you maintain accurate time records showing the amount of time spent in each classification of work. If you do not maintain accurate time records, you must pay these employees the highest wage rate of all of the classifications of work performed. i. Site of work. The "site of work" is where the Davis-Bacon wage rates apply. Usually, this means the boundaries of the project. "Site of work" can also include other adjacent or virtually adjacent property used by a contractor or subcontractor in the construction of the project, like a fabrication site that is dedicated exclusively, or nearly so, to the project. 2-8 SECTION 11 - REPORTING REQUIREMENTS 2-5 COMPLETING A PAYROLL REPORT. 4 What information has to be 'reported on the payroll form? The weekly payroll form doesn't a ask for any information that you don't already need to keep for wage payment and tax purposes. For example, you need to know each employee's name; his or her work classification (who is working for you and what do they do?), the hours worked during the week, his or her rate of pay, the gross amount earned (how much did they earn?), the amounts of any deductions for taxes, etc., and the net amount paid (how much should the paycheck be made out for?). No more information than you need to know in order to manage your work crew and make certain they are paid properly. And, certainly, no more information than you need to keep for IRS, Social Security and other tax and employment purposes. EFormanyontractors, the Weekly Certified Payroll is the only Davis-Bacon paperwork submit! You are required to submit certified payrolls to illustrate and document that you have complied with the prevailing wage requirements. The purpose of the contract administrator's review of your payrolls is to verify your compliance. Clearer and complete payroll reports will permit the contract administrator to complete reviews of your payroll reports quickly. a. Project and contractorlsuibcontractor information. Each payroll must identify the contractor or subcontractor's name and address, the project name and number, and the week ending date. Indicate the week dates in the spaces provided. Numbering payrolls is optional but strongly recommended. b. Em to ee information. Effective January 18, 2009, payrolls shall not report employee addresses or full Social Security Numbers (SSNs). Instead, the first payroll on which each employee appears shall include the employee's name and an individually identifying number, usually the last 4 digits of the employee's SSN. Afterward, the identifying number does not need to be reported unless it is necessary to distinguish between employees, e.g., if two employees have the same name. Employers (prime contractors and subcontractors) must maintain the current address and full SSN for each employee and must provide this information upon request to the contracting agency or other authorized representative responsible for federal labor standards compliance monitoring. Prime contractors may require a subcontractor(s) to provide this information for the prime contractor's records. DOL has modified form WH- 347, Payroll, to accommodate these reporting requirements. c. Work classification. Each employee must be classified in accordance with the wage decision based on the type of work they actually perform. 2-9 1. Apprentices or trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of that apprentice's ortrainee's registration in a registered or approved program. A copy of the portions of the registered or approved program pertaining to the wage rates and ratios shall also accompany the first payroll on which the first apprentice or trainee appears. 2. Split classifications. For an employee that worked in a split classification, make a separate entry for each classification of work performed distributing the hours of work to each classification, accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon the total gross amount earned for all classifications. d. Hours worked. The payroll should show ONLY the regular and overtime hours worked on this project. Show both the daily and total weekly hours for each employee. If an employee performs work atjob sites otherthan the projectforwhich the payroll is prepared, those "other job" hours should not be reported on the payroll. In these cases, you should list the employee's name, classification, hours for this project only, the rate of pay and gross earnings for this project, and the gross earned for all projects. Deductions and net pay may be based upon the employee's total earnings (for all projects) for the week. e. Rate of pay. Show the basic hourly rate of pay for each employee for this project. If the wage decision includes a fringe benefit and you do not participate in approved fringe benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked. 1. Piece-work. For any piece-work employees, the employer must compute an effective hourly rate for each employee each week based upon the employee's piece-work earnings for that week. To compute the effective hourly rate, divide the piece-work earnings by the total number of hours worked, including consideration for any overtime hours. The effective hourly rate must be reflected on the certified payroll and this hourly rate may be no less than the wage rate (including fringe benefits, if any) on the wage decision for the classification of work performed. It does not matter that the effective hourly rate changes from week-to-week, only that the rate is no less than the rate on the wage decision for the classification of work performed. Remember, the overtime rate is computed at one and one-half times the basic rate of pay plus any fringe benefits. For example, if the wage decision requires $10/Dour basic plus $51hour fringe benefits, the overtime rate would be: ($10 x 1 Y2) + $5 = $201hour. f. Gross wades earned, Show the gross amount of wages earned for work performed on this project. Note: For employees with work hours and earnings on other projects, you may show gross wages for this project over gross earnings all projects (for example, $425.40/$764.85) and base deductions and net pay on the "all projects" earnings. 2-10 j, k i g. Deductions. Show the amounts of any deductions from the gross earnings. "Other" deductions should be identified (for example, Savings Account or Loan Repayment). Any voluntary deduction (that is, not required by law or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collective bargaining (union),agreement. A short note signed by the employee is all that is needed and should accompany the first payroll on which the other deduction appears. t F e employee authorization is needed for recurring (e.g., weekly) other deductions. employee authorization is not required for income tax and Social Security ons. r h. Net pay. Show the net amount of wages paid. i. Statement of compliance. The Statement of Compliance is the certification. It is located on the reverse side of a standard payroll form (WH-347). Be sure to complete the identifying information at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a) indicates that you are paying required fringe benefits to approved plans or programs, and 4(b) indicates that you are paying any required fringe benefit amounts directly to the employee by adding the fringe benefit rate to the basic hourly rate of pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c). =onet of Compliance is required for each employer's weekly payroll no ges are needed to report the employee data. j. Signature. Make sure the payroll is signed with an original signature in ink. The payroll must be signed by a principal of the firm (owner or officer such as the president, treasurer or payroll administrator) or by an authorized agent (a person authorized by a principal in writing to sign the payroll reports). Signature authorization (for persons other than a principal) should be submitted with the first payroll signed by such an agent. Signatures in pencil, signature stamps, xerox, pdf and other facsimiles are not acceptable. 2--11 SECTION III w PAYROLL REVIEWS AND CORRECTIONS 2.6 COMPLIANCE REVIEWS. The contract administrator or other inspector may visit the project site and interview some of the workers concerning their employment on the project. The DOL may also independently conduct its own reviews(see 1-5). In addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards requirements have been met. You will be notified by the contract administrator if these reviews find any discrepancies or errors. You will be given instructions about what steps must be taken to correct any problems. a. On-site interviews. Every employer (contractor, subcontractor, etc.) must make their employees available for interview at the job site with the contract administrator or other agency representative, or HUD or DOL representative. The interviews are confidential and the employee will be asked about the kind of work they perform and their rate of pay. Every effort will be made to ensure that these interviews cause as little disruption as possible to the on-going work. The interviewer will record the interview information, usually on a form HUD-11, Record of Employee Interview, and forward the interviews to the contract administrator. b. Project payroll reviews. The contract administrator will compare the information on the interview forms to the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days and hours worked on the job site, work classification and rate of pay. The contract administrator will also review the payroll submissions to make certain that the payrolls are complete and signed; that employees are paid no less than the wage rate for the work classification shown; apprentice and trainee certifications are submitted (where needed); employee or other authorizations for other deductions are submitted (where needed); etc. 2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS. The following paragraphs describe common payroll errors and the corrective steps you must take. a. Inadequate payroll information_ If an alternate payroll format used by an employer(such as some computer payrolls) is inadequate, e.g., does not contain all of the necessary information that would be on the optional form WH-347, the employer will be asked to resubmit the payrolls on an acceptable form. b. Missing identification numbers. If the first payroll on which an employee appears does not contain the employee's individually identifying number, the employer will be asked to supply the missing information. This information can be reported on the next payroll submitted by the employer if the employer is still working on the project. Otherwise, the employer will be asked to submit a correction certified payroll. 2--12 c. Incomplete payrolls, If the information on the payroll is not complete, for example, if work classifications or rates of pay are missing, the employer will be asked to send a correction certified payroll. d. Classifications. If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in accordance with the wage decision or the employer may request an additional classification and wage rate (see 2-2). If reclassification results in underpayment (i.e., the wage rate reported on the k payroll is less than the rate required for the new classification), the employer will be asked to pay wage restitution to all affected reclassified employees. (see 2-8 for instructions about wage restitution.) e. Wage rates. If the wage rates on the payroll are less than the wage rates on the wage decision for the work classifications reported, the employer will be asked to pay wage restitution to all affected employees. f. Apprentices and trainees. If a copy of the employee's registration or the approved s program ratio and wage schedule are not submitted with the first payroll on which an apprentice or trainee appears, the employer will be asked to submit a copy of each apprentice's or trainee's registration and/or the approved program ratio and wage schedule. If the ratio of apprentices or trainees to journeymen on the payroll is greater - . than the ratio in the approved program, the employer will be asked to pay wage restitution i to any excess apprentices or trainees. Also, any apprentice or trainee that is not registered in an approved program must receive the journeyman's wage rate for the classification of work they performed. g. Overtime. If the employees did not receive at least time and one-half for any overtime hours worked on the project, the following will occur: 1. If the project is subject to CWHSSA overtime requirements, the employer will be asked to pay wage restitution for all overtime hours worked on the project. The employer may also be liable to the United States for liquidated damages computed at $1 Q per day per violation. Or, 2. If the project is not subject to CWHSSA, the employer will be notified of the possible + FLSA overtime violations. Also, the contract administrator may refer the matter to i the DOL for further review. s h. Computations. If the payroll computations (hours worked times rate of pay) or extensions (deductions, net pay) show frequent errors, the employer will be asked to take greater care. Wage restitution may be required if underpayments resulted from the errors. 1 i. Deductions. If there are any "Other" deductions that are not identified, or if employee authorization isn't provided, or if there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authorization or explain unusual deductions, as necessary. 2--13 HUD does not enforce or attempt to provide advice on employer obligations to make deductions from employee earnings for taxes or Social Security. However, HUD may refer to the IRS or other responsible agency copies of certified payroll reports that show wages paid in gross amounts (i.e., without tax deduction) for its review and appropriate action. j. Fringe_benefits. If the wage decision contains fringe benefits but the payroll does not indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the Statement of Compliance], the employer may be asked to submit correction certified payrolls and will be required to pay wage restitution if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate on the wage decision (basic hourly rate plus the fringe benefit rate), no correction is necessary. k. Signature. If the payroll Statement of Compliance is not signed or is missing,the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the Statement of Compliance is signed by a person who is not a principle of the firm and that person has not been authorized by principle to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature of a principle or other authorized signatory. I. On-site interview comparisons. If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear on the payroll for the date of the interview), the employer will be asked to submit a correction certified payroll report. m. Correction certified payroll. Any and all changes to data on a submitted payroll report must be reported on a certified correction payroll. In no case will a payroll report be returned to the prime contractor or employer for revision. 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES. Where underpayments of wages have occurred, the employer will be required to pay wage restitution to the affected employees. Wage restitution must be paid promptly in the full amounts due, less permissible and authorized deductions. All wages paid to laborers and mechanics for work performed on the project, including wage restitution, must be reported on a certified payroll report. a. Notification to the Employer/Prime contractor. The contract administrator will notify the employer and/or prime contractor in writing of any underpayments that are found during payroll or other reviews. The contract administrator will describe the underpayments and provide instructions for computing and documenti ng the restitution to be paid. The employer/ prime contractor is allowed 30 days to correct the underpayments. Note that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. If the employer is a subcontractor, the subcontractor will usually make the computations and restitution payments and furnish the required documentation through the prime contractor. 2-14 T The contract administrator may communicate directly with a subcontractor when the underpayments are plainly evident and the subcontractor is cooperative. It is best to work through the prime contractor when the issues are complex, when there are significant underpayments and/or the subcontractor is not cooperative. In all cases, the subcontractor must ensure that the prime contractor receives a copy of the required corrective documentation. b. Computing wade restitution. Wage restitution is simply the difference between the wage rate paid to each affected employee and the wage rate required on the wage decision for all hours worked where underpayments occurred. The difference in the wage rates is called the adjustment rate. The adjustment rate times the number of hours involved equals the gross amount of restitution due. You may also compute wage restitution by calculating the total amount of Davis-Bacon wages earned and subtracting the total amount of wages paid. The difference is the amount of back wages due. c. Correction certified navrolls. The employer will be required to report the restitution paid on a correction certified payroll. The correction payroll will reflect the period of time for which restitution is due (for example, Payrolls #1 through #6; or a beginning date and ending date). The correction payroll will list each employee to whom restitution is due and their work classification; the total number of work hours involved (daily hours are usually not applicable for wage restitution); the adjustment wage rate (the difference between the required wage rate and the wage rate paid); the gross amount of restitution due; deductions and the net amount actually paid. A properly signed Statement of Compliance must accompany the correction payroll. HUD no longer requires the signature of the employee on the correction payroll to evidence employee receipt of restitution payment. In addition, except in the most extraordinary cases, HUD no longer requires employers to submit copies of restitution checks (certified, cashiers, canceled or other), or employee-signed receipts or waivers. d. Review of correction CPR. The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contractor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a correction certified payroll within 30 days. e. Unfound workers. Sometimes, wage restitution cannot be paid to an affected employee F because, for example, the employee has moved and can't be located. After wage restitution has been paid to all of the workers who could be located, the employer must submit a list of any workers who could not be found and paid (i.e., unfound workers) providing their names, Social Security Numbers, last known addresses and the gross amount due. In such cases, at the end of the project the prime contractor will be required ` 2-15 to place in a deposit or escrow account an amount equal to the total gross amount of restitution that could not be paid because the employee(s) could not be located. The contract administrator will continue attempts to locate the unfound workers for 3 years after the completion of the project. After 3 years, any amount remaining in the account for unfound workers will be credited and/or forwarded by the contract administrator to HUD. 2-16 s CHAPTER 3 LABOR S ANOARDS DISPUTES, ADMiNIST AI IVE REVIEWS, WITHHOLDING,HHOLDING, DEPOSITS AND ESCROW ACCOUNTS, AND SANCTIONS WHAT HAPPENS WHEN THINGS GO WRONG? 3-1 INTRODUCTION. Even in the best of circumstances, things can go wrong. In a Davis-Bacon context, "things going wrong" usually means there's a difference of opinion or a dispute about whether and to what extent underpayments have occurred. These disputes are usually between the contract administrator and one or more employers (the prime contractor and/ or a subcontractor). The dispute may involve something simple such as an additional classification request that is pending before the DOL; or something as significant as investigative findings following a complaint of underpayment. This chapter discusses some of what you may expect and what you can do to make your views known and to lessen any delays in resolving the problem or issue. 3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES. As mentioned in the Introduction above, a dispute about labor standards and compliance can arise for a number of reasons. The labor standards clauses in your contract and DOL regulations provide for administrative review of issues where there is a difference of views between the contract administrator and any employer. The most common circumstances include: a. Additional classifications and wade rates. Additional classification and wage rate requests are sometimes denied bythe DOL. An employerthat is dissatisfied with the denial can request reconsideration by the DOL Wage and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer will be required to pay any additional wages that may be necessary to satisfy the wage rate that is established. 1. Reconsideration. The DOL normally identifies the reasons for denial in its response to the request. Any interested person (for example, the contract administrator, employer, representatives of the employees) may request reconsideration of the decision on the additional classification request. The request for reconsideration must be made in writing .and must thoroughly address the denial reasons identified by the DOL. Employer requests for reconsideration should be made through the contract administrator but may be made directly to the DOL. (See 2-2(d), and also DOL Regulations 29 CFR 1.8.) All requests initiated by or made through the contract administrator or HUD must be submitted through the HUD Headquarters Office of Labor Relations. 3-1 2. Administrative Review Board. Any interested party may request a review of the Administrator's decision on reconsideration by the DOL's Administrative Review Board. DOL regulations 29 CFR Part 7 explain the procedures for such reviews. (See also 29 CFR 1.9.) b. Findings of underpayment. Compliance reviews and other follow-up enforcement actions may result in findings of underpayment. The primary goal in every case and at every step in this process is to reach agreements about who may have been underpaid and how much wage restitution may be due and, of course, to promptly deliver restitution to any underpaid workers. The contract administrator will usually work informally with you to reach such agreements. You will have an opportunity to provide additional information to the contract administrator that may explain apparent inconsistencies and/or resolve the discrepancies. if informal exchanges do not result in agreement, the final determination and schedule of back wages due will be presented to you in writing and you will be permitted 30 days in which to correct the underpayment(s) or to request a hearing on the matter before the ❑OL. The request for hearing must be made in writing through the contract administrator and must explain what findings are in dispute and the reasons. In such cases, HUD is required to submit a report to DOL for review and further consideration. All requests for DOL hearing must be submitted through the HUD Headquarters Office of Labor Relations. 1. DOL review. The DOL will review the contract administrator's report and the arguments against the findings presented in the hearing request. The DOL may affirm or modifythe findings based upon the materials presented. You will be notified in writing by the DOL of the results of its review. If DOL concludes that violations have occurred, you will be given an opportunity to correct any underpayments or to request a hearing before a DOL Administrative Law Judge (ALJ). (See DOL Regulations 29 CFR 5.11 (b)and 29 CFR Part 6, Rules of Practice forAdministrative Proceedings.) 2. Administrative Review Board. Contractors and/or subcontractors may request a review by the Administrative Review Board of the decision(s) rendered by the DOL ALJ in the administrative hearing process. See ❑OL regulations 29 CFR Part 7 for more information about this proceeding. 3-3 WITHHOLDING. The contract administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are believed to be due and unpaid, for example, if wage underpayments or other violations are not corrected within 30 days after written notification to the prime contractor. DOL may also direct the withholding of contract payments for alleged wage underpayments. Withholding is considered to be serious and is not taken unless warranted. If withholding is deemed necessary, you will be notified in writing. Only the amounts needed to meet the contractor's (and/or subcontractors') liability shall be withheld. 3-2 t 3-4 DEPOSITS AND ESCROWS. In every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final pa�ments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these cases, we allow projects to proceed to final closing and final payments provided the prime contractor deposits an amount equal to the potential liability for wage restitution and liquidated damages, if necessary, in a special account. The deposit or escrow account is controlled by the contract administrator. When a final decision is rendered, the contract administrator makes disbursements from the account in accordance with the decision. Deposit/escrow accounts are established for one or more of the following reasons: Remember,the prime contractoris responsible and will be held liable for anywage restitution that is due to any worker employed in the construction of the project, including workers employed by subcontractors and any lower-tier subcontractors. See 1-4, Responsibility of the Principal Contractor, and 2-8, Restitution for Underpayment of Wages. a. Where the parties have agreed to amounts of wage restitution that are due but the _ employer hasn't furnished evidence yet that all of the underpaid workers have received their back wages, e.g., some of the workers have moved and could not be located. The amount of the deposit is equal to the total gross amount of restitution due to workers lacking payment evidence. As these workers are paid and proper documentation is provided to the contract administrator, amounts corresponding to the documented payments are returned to the depositor.Amounts for any workers who cannot be located are held in the depositlescrow account for three years and disposed as described in 2-8(f) of this Guide. b. Where underpayments are suspected or alleged and an investigation has not yet been completed. The deposit is equal to the amount of wage restitution and any liquidated damages, if applicable, that are estimated to be due. If the final determination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor. If the parties agree to the investigative findings, the amounts due to the workers will be paid by the employer. As these workers are paid and proper documentation is provided to the contract administrator, the gross amounts corresponding to the documented payments are returned to the depositor. I. if the employer is unable to make the payments to the workers, e.g., lacks the funds necessary, the contract administrator may make disbursements directly to the workers in the net amounts calculated by the employer. The amounts withheld from the workers for tax deduction will be returned to the employer as payments to workers are made. The employer shall be responsible for reporting and transmitting withholdings to the appropriate agencies. 3-3 2. If the employer is not cooperating in the resolution, the contract administrator shall make disbursements to the workers in accordance with the schedule of wages due. Amounts for unfound workers will be retained as described above (See 2-8(f) and 3--4(a)). If the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in 3-4(c), below. Remember,ifyou have any questions or need assistance concerning laborstandards requirements help is always available. Contact the contract administrator for the project you're working on or the HUD Field Labor Relations staff in your area. c. Where the parties are waiting for the outcome of an administrative hearing that has been or will be requested contesting a final determination of wages due. The deposit shall be equal to the amount of wage restitution and liquidated damages, if applicable, that have been determined due. Once a final decision is rendered, disbursements from the escrow account are made in accordance with the decision. 3-6 ADMINISTRATIVE SANCTIONS. Contractors and/or subcontractors that violate the labor standards provisions may face administrative sanctions imposed by HUD and/or DOL. a. DOL debarment. Contractors and/or subcontractors that are found by the Secretary of Labor to be in aggravated or willful violation of the labor standards provisions of the Davis-Bacon and Related Acts (DBRA) will be ineligible (debarred) to participate in any DBRA or Davis-Bacon Act contracts for up to 3 years. Debarment includes the contractor or subcontractor and any firm, corporation, partnership or association in which the contractor or subcontractor has a substantial interest. Debarment proceedings can be recommended by the contract administrator or can be initiated by the DOL. Debarment proceedings are described in DOL regulations 29 CFR 5.12. b. HUD sanctions. HUD sanctions may include Limited Denials of Participation (LDPs), debarments and suspensions. 1. Limited Denial of Participation. HUD may issue to the employer a limited denial of participation (LDP) which prohibits the employer from further participation in HUD programs for a period up to one year. The LDP is usually effective for the HUD program in which the violation occurred and forthe geographic jurisdiction of the issuing HUD Office. HUD regulations concerning LDP's are found at 24 CFR 24.700-24.714. 3-,4 5 2. Debarment and suspensions. In certain circumstances, HUD may initiate its own debarment or suspension proceedings against a contractor and/or subcontractor in connection with improper actions regarding Davis--Bacon obligations. For example, HUD may initiate debarment where a contractor has been convicted for making false statements (such as false statements on certified payrolls or other prevailing wage certifications) or may initiate suspension where a contractor has been indicted for making false statements. HUD regulations concerning debarment and suspension are found at 24 CFR Part 24. 3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS. Contractors and/or subcontractors that are found to have willfully falsified payroll reports (Statements of Compliance), including correction certified payroll reports, may be subject to civil or criminal prosecution. Penalties may be imposed of $1,000 and/or one year in prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code). Remember,ifyou have any questions or need assistance concerning laborstandards requirements Delp is always available. Contact the contract administrator for the project you're working on or the HUD Field Labor Relations staff in your area. 3-5 ACRONYMS AND SYMBOLS CDBG - Community Development Block Grant CFR - Code of Federal Regulations CPR - Certified Payroll Report CWHSSA- Contract Work Hours and Safety Standards Act DBA- Davis-Bacon Act DBRA- Davis-Bacon and Related Acts DOL- Department of Labor FHA- Federal Housing Administration FLSA- Fair Labor Standards Act HUD - Housing and Urban Development (Department of) IHA- Indian Housing Authority LCA- Local Contracting Agency LDP - Limited Denial of Participation OIT - Overtime PHA Public Housing Agency SIT - Straight-time SAC - State Apprenticeship Council/Agency TDHE - Tribally-Designated Housing Entity § - Section ¶ - Paragraph A-1 DAM-BACON ® REL.ATED WEB WES* HUD Office of Labor Relations- www.hud.gov/offices/olr r HUD Regulations- http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR HUDCIips (HUD Forms and Publications): www.hud.gov/offices/admlhudclips/index.cfm DOL Davis-Bacon and Related Acts Homepage: http://www.d ol.g ov/whd/contracts/d bra.htm DOL Regulations: http://www.g po.gov/fdsyslbrowselcollectionGfr.action?collectionCode=CFR Davis-Bacon Wage Decisions: www.wdol.gov DOL Forms: - www.dol.govlwhd/programs/dbra/forms.htm *Web addresses active as of January 2012 A-2 } U.S. Department of Housing Project Wage Rate Sheet and Urban Development Office of Labor Relations Project Name: Wage Decision Number/Modification Number: Project Number: Project County: Work Fringe Frin a Total Laborers Hourly g Hourly Fringe $ Classification Rate (BHR) Benefits Wage Rate Benefits Bricklayers $ Group,# BHR Total Wage Carpenters $ $ Cement Masons $ $ Drywall Hangers $ $ Electricians $ $ Iron Workers $ $ Painters $ Operators Fringe Benefits: $ Plumbers $ Group# BHR Total Wage Roofers $ $ Sheet Metal Workers $ $ Soft Floor Workers $ $ Tapers $ $ Tile Setters $ Truck Drivers Fringe Benefits: $ Other Class ificatiotis Group # BHR Total Wage Additional Classifications {HUD Form 4230-A) Bask Total Date of Date of Work Hourly Fringe Hourly HUD Submission DOL Classification Rate(BHR) Benefits Wage Rate to DOL Approval $ A--3 1 I 9 �m C3 ~Pad am i n Y T .alit w p� O a �d ;gig y 2 h. icy 5�5 c A m • a r dill 101 »m :is au lu o w a w o w a m o w o a a w h 13 loci --w �q � a o`ri i° � u to H C � 511prls}43K3 OW � + SYI1�63�Hlit3/5 w � m al . .'c a ©fir a — A-4 i mw o� r- G !4— 'i.0 LON m E d � EL 72 C g �� Lei 41 a N N� LlFfa tj A 18 Iq � iJ LU N h7 x � W-+ w U r aj a 3 U aj J [C Fes-[rJ a7 0 �gwrd as Li N •� C aqix tv } vu� _ 0 :S j P. S)... idii fC C Li x ..y•A 1 vrLnQt ' pLm.p ( wq ala� � � Sri U 11 �- H� � $ Vie . ` Vji ja Lo �_ � aMa p bh[pp $i s �t3 1Y1g � ts ,� ° ruv u: A-5 U.S. Department of Housing and Urban Development Office of Departmental Operations and Coordination Washington, DC 20410 Email: www.OfficeofLaborRelations@hud.gov i Labor Relations Desk Guide LR01.DG �A'AENToc EQUALHOUSING 9e"N REVE4¢ OPPORTUNITY