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Contract 53880
CITY Sm aARY THE CITY OF FORT T WORTH. TFXAS 1'fi3F{:ill'3' [�T'�11� I.IrwMAI,10It [:jib %rCR1JAM' p13(1Ju11' hi.lkvA : --N rx1:0 r'jLE{X1PV RTTI ,rIRI-ETUNIC C MWTNITY CENTER RENOVATIONS PMD 1 -10 CITY PROJECT # 1. 02361, G00057 & G00037 FORT WORTH,, mo FT Y PRICE MAYW. DA ID COOKE F TT"N' '%IA - 1:1CiER Steve Cooke Director. Property Mana gment Depanlime Victor T U rn er Director. Neighborhood Services Dcparmient Elements of Architecture F� CNIE Builders & FnOnrs, Inc. M arc h 2020 �nas�urran� Ra Oi��r' Clay of F" WorO-Non r Tr. Ethnlr = Ranovsvnnu fMarr. i =01 - - - - City of F ort Worth, Texas Mayor and Council Communication DATE: Tuesday , April 7 , 2020 REFERENCE NO.: **M&C 20-0239 LOG NAME: 21 NORTH TRI -ETHNIC COMMUNITY CENTER R E NOVATION SUBJECT: Authorize the Execution of a Construction Contract with CME Builders & Engineers , Inc., in an Amount Not to Exceed $394 ,535 .00 , Including t he Owner's Construction Allowance, for the North Tri-Ethnic Commun ity Cente r Renovation for a T otal Anticipated Project Cost of $517 ,680 .00 (COUNCIL DISTRICT 2 ) RECOMMENDATION : It is recommended that the City Council authorize the execution of a construction contract with CME Builders & Eng ineers , Inc., in an amount not to exceed $394 ,535 .00 , including the Owner's Construction Allowance , for the North Tri-Ethnic Community Center Ren ovation . DI S CUSSI ON: This construction contract will accomplish the renov ation of the North T ri-Ethnic Community Center, 2950 Roosevelt Ave., Fort Worth , T exas. This renovation project will make accessibility improvements, renovate bathrooms and make other improvements to the facility to better serve the citizens of Fort Worth . . This renovation is Community Development Blo ck G rant (CDBG) f u nd ed. The design was accomplished by Elements of Architecture, one of the architectural firms selected as part of the Annual Architectural Services Agreement. The City issued a Request for Proposals on September 26 , 2019 and October 3 , 2019 , and received eight responses for the renovation project from general contractors . Four of these firms provided the required Post Proposal-Pre Award Submittals to be further evaluated by the City . These firms were : • CME Builders & Eng ineers , Inc. • M-PAK Construction , Inc. • Post L Group , LLC • Centennial Contractors Enterprises , Inc. These proposals were reviewed by members of the Neighborhood Services Department, Office of Business Diversity and the Property Management Department and were evaluated for best value based on the criteria set forth in the Request for Proposals. The selection te a m reco m me nd s award of t he construction contract to CME Builders & Engineers , Inc. CME Builde rs & M-PAK Post L Ce nte nnial Crite ria Engineers, Inc. Co nstruction, G roup, Co ntra cto rs I nc. LLC E nterpri s es, Inc. !Proposed Price I 60 II 55 II 52 I 42 jM/WBE I 5 II 8 II 2 4 r1 U fJU::it::U 01.,,;I 1edule 4 I 3 II 3 3 References/Experience 8 I 7 II 5 10 IPast Work in the City of Fort Worth I 6 II 5 II 5 5 jTOTAL I 83 II 78 II 67 64 Thy overalI prnjeot cosh ara; e p�cted to be as Liesv'ribad In Ilie tablig below. Police Tactical Center Renovation 11TOTALS ArchRectirrel & Enginop>-iiN Design, Survey, Geoteohtnical '10�,145 00 orlatructlon Contract (Including the Owner's Con truction Allow,!nce) 394,535_00 Project Administratlor} Cost_ Adveitlsing, Materials Testing, CcntNency, eTc. $ 1 ,000.00 PROJECT TOTAL $517,6aa,00 Permit Fr:e�. In aaxaridence with the City Code of Ordhancc . rai•l'II, Ch6pter 7-1 Fort Wor'l.h EhAdIng Administrative Code. Section '109.2.1, Exroptton 2, "VVOrk by morn -City pemorrnel on property unit rr the ma1:rl�+1 of tale City of I=on' ort.hr sIialJ be nxervpt from tho 12arrnIt foa8 cnly If i ht -&w-k 18 for aatir:in Uride r a corltr��t Ihat +roll be or has been approved try 01ty� CcunclI 01h. Antes In thse wntr�ct packages otaLIng I Iie roe Is waived." Ftmdlrtg Sources.: This renovation Is Community Development Block Grant (CDBG) funded, M WV13E 0Mca: C M E SUllders 4 Engrneers, Irrc_ rs in cam pIinn ce with the B['iy's B D E Ord] nanca by comrr Wing to I n% MBE pad IcipaHon on the thls PTDjeot_ The City's M13E guaI un the prrajaot is '12l°/0. FT The North Trl-Ethnic Comrminity C 8nter i* located In C0UNGIL DISTRICT 2 FISCAL INFORMATION f CERTIFICATION: T he Director of finance cerUfles tli�t Upon approval of the above re�:-arrimerndatlo<ns. the fLrfift Ell be avallable in they uvrrenI operating Mdrget , as approprlated, In the Grants 0pl�rating Fed era I Fund. Prlor to expenditures heartg incurred_ Proppr[y Management has the responF,:bilIty to vaIIdAe thQ avall�bifity pf irrnde, This rs q rreimbw ernenr grant FUND IDENTIFIERS (F[Ds?: TO Fund Departi-nerit Xccourt Project. jProgramijActivit Budget Reference A A:rrat�nll ID ID Year (Chartfteld 2) FROM und! Department i'ACeourit Pro3eNct PrograrlrrActivfty _ Budget Reference # A1rnou ID I ID Year (Chartfield 21 M4tit AIaIL IN111101 f SvbrnIReO for Oily Man aper's Off Ice by-. Jay Chapa (5804) 0riginatin-q Depia rtmen# F1ead: kevi�Lo6k:! (5134) Additional Information Ctprrtact: Regar'Venaliles #6334) ATTACHMENTS 1 i-9_1212 MBE Cernplfance f�rt:,rrrt''- CML i3uilders and Er�ginsam.pdi' I 11tafnarl 2. FID TABLE North Tri. is (CFW Iriienor) 3, Form 1 —5 C7&ftirir�atg 1tlQ,5130941 (-�I_cdf ( F inMr<rrW) A- Fanding veri Jcntiori,xtax 113:,bric� 5. SAM OME Bui4let 4: & Engineers Inc, pdf Iu-vv Inlemojl I0 EF 0 q o 0 o C U m y E M O N CD lO co N O r W col1 r O V x N M � ti S� 0) fp M OO O tiu-.o Q �_ Y X 4 rn a U b V ef' ro .L rFyM [moo chi �L V N� M N Y oo C� (7m d fii ffu si E ror m E E- r� > 0 Y d LL N a. r ts7 tH �q to s4 49. In N ti P a p In to � r M p q O o q m cr N N 0 O Cl N m to 0) J N u h 4 M Nr U t.1 d o x cai m M N m 0 N torl A ,Q' w J W+ L o w N fo V o o� E ll� .� Ol f➢ O N 00 ¢ m CL fz 41 n t> v� to Vi to tri W o m O G ,Op O O ti E u N W m N p C P Y O 7[) O 0 tl' {�7 ('1 _ 9' LO m o m W) N i cm N �F- N00 f0 (n x N N M N C �Y m N mF-m o 10 C �% mm E 0 a� w o° Na V om U _ Y E u W ur tq W n w m U o o O a o 0 o 'p 7 u q tJ O' c N h N 6 W a Cl) N r 5 o W M m N to .4 Q .�CLI xair NK O 0M0 r 06 '°10 F-Mclt L O C IL M r Z- �f w 3: m o j =r m16 T C] If d o li '^ 9 P b ui O � U va w trr Ff} LLI H W ru Z: W F" ai g C4 N P C7 G L r 4 a 1 = W w m ,a r R C ro c n G o z oo 0 3_ z oo tm 3_ V w U a o C O a a o O a V' rn0 u=n. o 2u tea`. o 2i z `� 06 N u 0 0 a C voi d V CL � N nm � c a N i s fI O o N � 111 m O C = m a a a� d W t7 w p c� m C p C LU t G ]-- c N O F y W CS2 n 0-W O rn m O H O ZaL C7a0tn 12 y N Q �t O" N u ` b u a a j Z Z wui zck ZID wut a R a m ❑ J D J a ¢U acai NOTICE TO OFFERORS Proposals for the North Tri-Ethnic Community Center Renovations located at 2960 Roosevelt Avenue in Fort Worth Texas will be received at the Purchasing Office, City of Fort Worth, 200 Texas Street, Fort Worth, 76102, until 1:30 P.M on Thursday, October 24, 2019, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. After evaluating the Proposals submitted, the City shall select the Offeror that offers the Best Value to the 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. The last day for questions from prospective Offerors is at 5:00 PM on Friday, October 18, 2019. A Pre -Proposal Conference will be held at 1:30 P.M., Wednesday, October 9, 2019 at 401 W. 131h Street. The offers will be valid for NINETY (120) calendar days. Estimated construction cost is approximately 540 000. There are several Alternates for this project. The Offeror will add a 7.5% Owner's Contingency Allowance on a separate fine item on the Proposal form and 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. This Allowance is not to be included in the 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 12%. 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. M1N_OR_ ITY 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. If you intend to submit a Proposal, request you inform the Project Manager or Arch itectlE ng ineer who can then inform the interested subcontractors. 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_llprojectpoint. buzzsaw. comlfortwortbgovIAdvertisedIG00057°/a20%f=2 °/n 80 %93%20 North %2OTri- Ethnic%20Community%2OCenterO/o2ORenovations?public Contact the Project Manager, Ronald Clements, at (¢1 r) r?-'.t3 - or email Ronald.Clementsp_fortworthtexas ov for assistance. For additional information contact the Project Designer, Michael Smith, at (817) 333-2880 or email msmithCa?_elementsofarc.corn Advertisement: September 26, 2019 October 3, 2019 Instruction to Offerors Page 2 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) TABLE Oi : CONTENTS O PROJECT COVER PAGE NOTICE TO OFFERORS TABLE OF CONTENTS o INSTRUCTIONS TO OFFERORS Q PROPOSALFORM CONFLICT OF INTEREST AFFIDAVIT ® CONFLICT OF INTEREST QUESTIONAIRE (CIO) CONFLICT DISCLOSURE STATEMENT (CIS) ® TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE ® WEATHER TABLE o GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 0 CONSTRUCTION CONTRACT a PAYMENT BOND e PERFORMANCE BOND ® CERTIFICATE OF INSURANCE o CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW 8 PROJECT SIGN EXHIBIT "H" --• FEDERAL LABOR STANDARDS PROVISIONS — DAVIS-BACON REQUIREMENTS instruction to Offerors Page 3 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) INSTRUCTIONS TO OFFERORS PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals: Use the Proposal Form provided below. Entries on the Proposal Form may be handwritten or typed. Write in contract duration if not specified. Q 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 person/entity who is the managing/general partner must sign the proposal. Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form CfQ and Form 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. ® 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 reinsures 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. 1A. SELECTION OF CONTRACTOR: 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. When compared to the lowest price, the higher priced proposal will have its score reduced by one percent of the available points for every percent it is higher than the lowest price. The score will be rounded to the nearest whole number. 2. Proposed level of MBE participation (10 points). 3. Proposed project schedule (5 points) — Proposals should include a general schedule showing the amount of time necessary to complete the project, critical path, major phases of the work, and major impacts on the project. This is to demonstrate an Understanding of the project and the most efficient justifiable time. The best schedule demonstrating the most complete understanding of the project will receive 5 points. All others will be graded accordingly. Instruction to Offerors Page 4 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) 4. References/Experience (15 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. 5. Past Work in the City of Fort Worth (10 points) — Points shall be awarded for experience working on similar projects in the City of Fort Worth and with the City of Fort Worth. 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} BUSINESS DIVERSITY ENTERPRISE 130E ORDINANCE MINORITY BUSINESS ENTERPRISE (MBE) PROVISION; All proposers shall note that the Business Diversity Enterprise Ordinance (Chapter 20, Article X of the Fort Worth Code of Ordinances, as amended) was adopted to ensure the full and equitable participation of Minority Business Enterprises (MBEs) in the procurement of services $50,000 or more. The Minority Business Enterprise (MBE) diverse goal on this project is 12%. Proposers must obtain MBE listing from the City of Fort Worth's Office of Business Diversity at (817) 392-2674 or email I itwaeoffice fortworthiexas. ov. This will ensure that Competitive Sealed Proposal firms are acknowledging MBE firms currently certified by the North Central Texas Regional Certification Agency (NCTRCA) or the Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and accepted by the City of Fort Worth at the time proposals are submitted, in order for the participation to be counted towards the established diverse goals. The firms must be located in the City's six 6) county geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. 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 mi_ nority 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. Offerors must submit the best value utilization form within 5 business days of submitting their Best Value Proposal. Instruction to offerors Page 5 of 30 City of Fort Worth --North Tri-Ethnic CC Renovations (March 2020) 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- D/M/SIBE), 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_ Offerors bond will be returned if the City fails to award the contract within 120 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. 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 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. 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 the work. 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 Instruction to Offerors Page 6 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) 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 817-392-2586), within five business clays 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 B 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. 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 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 Compensation Insurance will be obtained, must be submitted within five working days of bid opening. Instruction to Offerors Page 7 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) 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. 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 ( n.ww.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. 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 per -forms 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. 21. No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the Instruction to Offerors Page 8 of 30 City of Fort Worth -North Tri-Fthnic CC Renovations (March 2020) 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 Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 22. After release of this solicitation, contact regarding this RFQ with members of the RFQ evaluation, interview or selection panels, employees of the City or officials of the City other than the Project Manager, the project architect, the Minority and Women Business Enterprise (MMIBE) Office, is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of a Firm shall have any contact or discussion, verbal or written, with any member of the City Council, member of the RFQ evaluation, interview, or selection panels, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. If a representative of a Firm violates the foregoing prohibition by contacting any of the above listed parties with whom contact is not authorized, such contact may result in the respective Firm being disqualified from the procurement process. 23. Any oral communications are considered unofficial and non -binding with regard to this proposal. Instruction to Offerors Page 9 of 30 City of Fort Worth --North Tri-Ethnic CC Renovations (March 2020) i"i3 Fr SAL TO: MR. DAVID COOKE CITY MANAGER ATTN. PURCHASING OFFICE 200 TEXAS STREET CITY OF FORT WORTH, TEXAS FOR: North Tri-Ethnic Community Center Renovations 2950 New York Avenue Fort Worth, Texas Project PMD2019-10 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 alone, 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 Foil 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 $ �-.2I C _ Base Proposal 120 Calendar Days $ 20 Q Owner's Contingency Allowance (7.5%) 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). $ Base Proposal Plus Owner's Contingency Allowance ALTERNATES ® NIA UNIT PRICES— NIA 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). 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 Instruction to Offerors Page 40 of 33 City of Fort Worth -North Tri-Ethnic CC Renovations (October 2019) j"ut bidder would be required to underbid a non-reside�A bidder in o€-der'to orYmin a cocci 1)'e contract ht itie state in which the nosy-residers>'s principai place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders it order for your bid to meet specifications. The failure of out of state or Iron -resident bidders to complete the forms may disqualify that Kidder. Resident bidders must check the box in Section B. A. Ll Non-resident vendors in (rive state), our principal place of business, are required to be percent lower than residerst bidders by state law. Non-resident venc r. s in (give state)are not required To underbid resident bidders. B. Pq 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 forrnal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the scam of Guar nteed Axpou►tit Bid Bond Dollars (� Guaranteed Amount Bid Bori4 is to become the property of the Oily of Dort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not execrated within thy: tirne set forth, as liquidated damages for delay and additional work caused thereby. MINORITY BUSINESS ENTERPRISE (MBE): (For Proposals in excess of $50,000) I am -aware than -must submit information to the Director, Property Management Departmwt, concerning the MBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Instruction to Offerors Page 1 i of 33 City of Fort Worry -North Tri-Ethnic CC Renovations (October 2019) espek €iulcy submitted, CME Builder: Company Naml BY: Mc. Signature / r Robert Carroll- Presidernt Printed Name of Principal Title Address: 1505 E,11eidersoti Si. Street i Clebtu-ne 76031 i city Zip F Prone: 817-64 1-04-06 Pax: 817-645-86005 Email. robert.carroll@cino-builders.corri i Receipt is acknowledged of the following addenda: Addendum No. 9: X Addendum No. 2: X Addendum No. 3: X Addendum No. 4: Addendum No. 5: Addendum No. 6: Addendum No. 7: Addendum No. 8r Addendum No. 9: Addendum No. 10: I Instruction to Offorors Page 12 of 33 City of Fort Worth -North Tri-Ethnic CC Renovations (October 2019) Each Udder, offeror, oT respondent (hereinaf'ie€- a➢so referred to as "you') to a City of port 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 Farm) 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. htt ://v",vw.eihics.state.tx.us/forms/CI . dI' hLy.//wXVtiy. otilios.state. tx.us/fonns/CIS.y CIQ Form is on file with City Secretary CIQ Form is beinn provided to the City Secretary 0 CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary CW Builders & Engineers, Inc. By. Company 1505 E. Henderson St. Sign Address Cleburne, TX 76031 Title: President City/State/Zip (Please Print) Instruction to Offerors Page 13 of 33 City of Fort Worth -North Tri-Ethnic CC Renovations (October 2019) This questionnaire reflects changes made to the law by H.S. 23, 84th Leg., Regular Session. I ®I; FICIEUSECtNLY 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 vendor meets requirements under Section 176.Op i(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 cvrnmits an offense if the vendor knowingly violates Section 176.006, Local Govemment Code. An offense under this section is a misdemeanor. Nat�1e®five���9oa•wi�o has a I�Rrsii'iess selatioiisl�@@�urilil local t�overns3ler�tal eni�t�r N/A Check this box i1'you are aiiin4 an update toa previouslyfiled guesUonhlenlre. (The law requires thaty(u file an updated completed questionnaire with the appropriate filing authority not later than the 7th business clay after the date on which you became aware that the originally fled questionnaire was incomplete or inaccurate.) Narne of local goveMn1entotlaceraboratwhayal the infor«ation is Being disclosed. N/A Name of Officer 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 subparts Aand Sfor each employment orbusiness relationship described. Attach additional pages tothis Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, e+her than investment income, from the vendor? Yes F-1 No 13. 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 that the vendor named in Section 9 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 percent or more. ❑ 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 176A43(a)(2)(B), excluding gifts described in Section 176,003(a-1). N/A Signature of vendor doing business with the governmental entity Date IMtrmtj*mWQ&f"rfsxas Ethics Commission www.ethics_state,tx.us Page 14 of 33 Revised 11/30/2015 City of Fort Worth -North Tri-Ethnic CC Renovations (October 2019) 00i'. :JCTOF;I�$-5�1.�'l ^:�,ST QQEL_S-;'i1C�M5 y�'-�'`,ASM A co# ipiete copy of Chapter t 76 of the Locai Government Code maybe found at hftp://www.statutes.lecgis.state.ix.us/ Dots/LG/htrri/LG.176.htrn. For easy reference, below are some of the sections cited on this form. Local GOyGMUMOnt; C0dq§ ' 7G.Q0 JT-@):'Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is'subjectto rate or fee regulation bye federal, state, or local governmental entity or an agency of afederal, state, or local governmental entity; (lam) a transaction conducted at a price and subject to terms available to the public; or (G) 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. (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: .r� (2) the vendor: (A) has an employment or other business relationship with the local government officer ora 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 preceding the date thatthe officerbecomes 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 officeror a family me mberof the officer one or more gifts thathave an aggregate value ofmorethan $100 in thel2-month period preceding the datethe officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (1i) the local governmental entity is considering entering into a contract with the vendor. .2 LOCAL GOVERNMENT C®®E1l6.006 A AND A-1 (a) A vendor 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, orafamily memberof 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)(i3), 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 conflictofinterest qaestiannairc must be filed with the appropriaturecords administrator notlater than the seventb 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 government@! entity an application, response to a requestfor 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 memberof the officer, described by Subsection (a); (13) 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 Page 15 of 33 City of Fort Worth -North Tri-Ethnic CC Renovations (October 2019) I iu_�� �r=,;_ .� �•.ry��„ �� 1. _� �,>=E, �.�:_, „���r�U �, •=.�:. ,y ;,�' R F hL-- - (Instructions for completing and filing this form are provided on the next page.) This guest;onnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USEONLY This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that rewire the officer to file this statement Date Received in accordance with Chapter 176, Local Govemment Code. II r Na Lacai Government O� iCeF N/A 2 Office HOW I NIA lei€setae of vendor described tay Sec VIS 176.001(7) and 176.6033(a), Local Governmehit GOde N/A Description of the nature and extent of each ernployrilent: ar other business relationship arvd each family relationship with vendor Startled in item 3. N/A 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 GiftAccepted N/A Description of Gift N/A Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift (attach additional forms as necessary) AFFIDAVIT 1 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)(8), Local Government Code. N/A Signature of Local Government Officer AFFIX NOTARY STAMP ! SEAL ABOVE Sworn to and subscribed before me, by the said of , 20, to certify which, witness my hand and seal of office. Signature ofofficeradministering oath Printed name of officer administering oath II l��I ut:IIVII ,V v„v.l v,v Cii�4Mc�itt�399tions (October2019) www.ethics.state.tx.us this the day Title of officer administering oath Page 16 of 33 Revised 1113012015 F 01-339 (Bark) (Gi-AA3181 Texas Sales and Use 'fax Exemption Certific.atiout This certificate does not require a number to be valid. Name ofpurchasar, firm eragency City of Fort Worth, Texas Address (Street& number, P.O, doxorRoutenumbei) Phony (Aria code andnumbL4 200 Texas Street 817-392-8366 Cit/, State, ZIP code Fort Worth, Texas 76102 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: Seller: All Vendors Street address: City, State, ZIP code- Description of items to be purchased or on the attached order or invoice: All items. Purchaser acknowled es that this Certificate cannot be used for the purchase, lease or rental of a motor Veh IC1H. Purchaser claims this exemption for the following reason_ Municipality, Govemmental Fntity I understand that I will be Fable for payment of all state and local sales or use taxes which may became due for f2ilure to comply with the provisions of the Tax Code and/or all applicable law. Iunderstandthatitisacriminaloffensetogiveanexemptioncartfficatetothesellerfortaxableltemsthatlknow,atthe Urneofpurchase, willbe usedinamannerotherthanthatexpressedinthiscerd fcate, anddependingon theamountoffaxevaded, theof{ensemayrange from a Class C misdemeanor to a felony of the second degree. Purchaser sign here Ti;le . Finance Director/CFO Date TMVAA j pfil ne NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle. THIS CFRTIFICATE DOES AtOTREQUIRE A NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers" or "Tax 1 xampt" Numbers do not e)dst This certificate should be furnished to the supplier. Do notsend the completed certificate to the Comptroller of Public Accounts. Instruction to Offerors Page 18 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) City of Fort Worth, Texas Property Management Department Facilities Management Group/Architectural Services Division 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 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 Sid 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. They shall examine the site of work and satisfy themselves as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that they have 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-6 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 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 forthe 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 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 Page 1 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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 Specifications furnished to them. All Drawings, Specifications and copies thereof furnished by the Owner orthe 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 listing from the MNVBE 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 MBE 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 themselves nor any of their 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 themselves nor their 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 allega- tions asserted by third parties or subcontractor against City arising out of Contractor's and/or their 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 themselves and any and all of their 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 their 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 their 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=��R013S€ BII L-89=Ga^+r + r l l� l thatin aGGAFdARGi-wi#i--rhnr.ter-22:iO-of-theTE?xas Government Code, the Gity is prohibited-from-entering-intn nFr r4 , .,#h GOmpaRy f. ,,,,1; Ges UR s4he contract�F� written verification fro the company that it: (i) does not heycot# Israel- and M-will-not-4Gyi0tt- ael- during -the I-R:n of the rentrnn�t. Thetenci5 "ic"iyCOtt Inrai.l" and ' ^hall -have the meaningsascribed to those terms 'n Sen#m..n-808-0o-1--Gf the--T-exa-,; GG'vernment GGde. By GigRiRg thin oon#rnn4 Gen#rnn4or a#ifinn#hn�'Bntractor's-ssig.i7�_,ature provides written verification to the 64. the+ Con traGtor -(=t-)-d9eS not boycott Israel; and (2) will bdyGott4&ra81 dUFiR9 the term of 4hr. nnntran4 SECTION 13 IDENTITY OF ARCHITECT General Conditions of the Contract for Construction Lump Sum Contract Page 2 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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. B-2 DUTIES OF THE. ARCHITECT: As used herein, the term Architect means the Architect or their 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 of 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. 6-4 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 their assigned functions under the Contract Documents. The Architect will make periodic 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, 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. 0-6 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 their 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. 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. Inspections: The Architect will conduct inspections for the purpose of determining and making their 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. 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 their 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. 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 they have inspected the premises and familiarized themselves 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 General Conditions of the Contract for Construction Lump Sum Contract Page 3 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 such manner and to such extent as may be reasonable and shall furnish information under their 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 their 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-6 AUTHORITY TO STOP WORK: The City will have authority to reject work that does not conform to the Plans and Specifications. Whenever, in their 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 directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in all their 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 their 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 their authorized representative. 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 their officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor, their officers, agents and employees, and the doctrine of respondent superior shall not apply. General Conditions of the Contract for Construction Lump Sum Contract Page 4 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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 they 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. They shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all 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 shall at all times enforce strict discipline and good order among their employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to them. D-6 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE 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. 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 their administrative costs, pursuant to Texas Government Code 2258.023. 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 31' 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 their 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 Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes their 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 (i) 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. Posting of Wage Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The Contractor shall include in their subcontracts andtor shall otherwise require all of their 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. 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 General Conditions of the Contract for Construction Lump Sum Contract Page 5 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 exclude remedy for damage or defect caused by (i) abuse, (ii) 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-S 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, they 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 Notice to the Architect and Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto. D-10 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 they will not be required to employ persons against whom they make 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 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 specifica- tions made a part hereof, the Contractor and/or their 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 andlor 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. 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, clearly 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 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. General Conditions of the Contract for Construction Lump Sum Contract Page 6 of 27 CFVV PMD — North Tri-Ethnic CC Renovations March 2020 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 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 they have determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that they have 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 Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. 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. Payment for Shop Drawings will not be made until they are approved by the Architect or City. 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 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 their 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 their Work that may require making several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. 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 the contractor shall remove all their waste materials and rubbish from and about the Project as well as all their tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "Broom - clean" or 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 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 RE4UIREMENTS 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. 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 their 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 their 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 General Conditions of the Contract for Construction Lump Sum Contract Page 7 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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 their bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at their 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; A. 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 manner 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 provisions of this Section All of the provisions set out in this section shall 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-A MINORITY BUSINESS ENTERPRISE (MBE): 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 M/WBE 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 str_ ongly 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 (MBF) 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. 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 their 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 a 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. General Conditions of the Contract for Construction Lump Sum Contract Page 8 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 CITY or row Ul"WH WEATHER TAKE Alwmpftls Feb ru 7 Z23 Maloo 9 3AS 7 X07 TV 13f 4 4 S 5 1 1-83 Im 2-24 or WQ58T 7 365 7 J=L_ 6 1 A_ 1?& _ _ al �_ ab, 11 Tem LA-lde 32 ft 54 ft �. P, - JjWe .07 ft 92 gh ME* dwAm W=1101 551 It prjCqjjRbm is bamdm FmaJad M_,3nmrv-n wd� cL-e.m!rp c&rm - ,_20 da rfir,=h MJJUb Wft CvftdOwm9lR days axweds IV n".'vaf avffz--W mvl days ptsibe mmorm d4s RK UIP:cwkW dwAm, the cmba%ft.,11 NXudWhyCVmgeCrJff, instruction to Offerors. Page 19 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) The Contractor may count toward the goal any tier of MBE subcontractors and/or suppliers. The Contractor may count toward their 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 M/WBE 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 their MBE participation commitments submitted with the bid/proposal or during negotiation, without prior submission of the proper documentation for review and approval by the M1WBE Office. 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented in their bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the 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 greaterthan 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 Contractor's standard subcontract form, if entering a subcontract is required by the Contractor in their 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 or 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. 4. 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 their sole discretion Within ten days after final payment from the City the Contractor shall provide the MIVVBE Office with documentation to reflect final participation of each subcontractor and supplier, including non -MBEs, used on the project. 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 Subcontractor's Work. The Contractor shall also require each Subcontractor to make similar payments to their 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 their 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 they shall require each Subcontractor to make similar payments to their Subcontractors. General Conditions of the Contract for Construction Lump Sum Contract Page 9 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 The Owner may, on request and at their 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. All 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 minorities 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 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 their 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 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 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 out or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. General Conditions of the Contract for Construction Lump Sum Contract Page 10 of 27 CFW PMD -- North Tri-Ethnic CC Renovations March 2020 F-4 OWNER'S RIGHT TO CLEANUP: 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 Management Department shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS 0-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must familiarize themselves 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. The contractor shall indemnify and save harmless the City and all of their 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 themselves, their 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 hereto with reference to the existing Charter and Ordinances of the City of Fart Worth and the laws of the State of Texas with 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 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. 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 Fort Worth, Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. 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 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 their own expense, the Owner, their officers, servants and employees, from and against any and 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, their officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, dams a or death is caused in whole or in art b the ne li ence or alleged negligence of Owner, their officers, servants, or employees. Contractor likewise covenants and agrees to indemnify 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 ordama eis caused in whole orin partb the ne !i ence oralle edne li ence of Owner, their officers servants or em to ees. In the event Owner receives a written claim for damages against the Contractor or their 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 deemed 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 their 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. G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been 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 therm 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 their 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. General Conditions of the Contract for Construction Lump Sum Contract Page 91 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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 570], 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 their 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 they 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. they 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, they shall be responsible for such loss unless they promptly give 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 their 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 them to the Architect. The Architect will review the certificates and forward one copy of each with their recommendations) to the Owner. If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, whore 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 their 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 they desire 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 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. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. General Conditions of the Contract for Construction Lump Sum Contract Page 12 of 27 CFW PMD — North Tri-Fthnic CC Renovations March 2020 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, and should any discrepancy be found, they shall immediately report the same to the Architect for verification and adjustment. Any duplication of work made necessary by failure or neglect on their 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-15 EXISTING OVERHEAD 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 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 under the subcontract so that the subcontracting thereof will not prejudice such rights; 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 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, 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. They shall remove and relocate such items at their own expense if so directed by the Architect. Where possible; uniform margins shall be maintained between parallel lines and/or adjacent wall, floor or ceiling surfaces. 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 their 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. General Conditions of the Contract for Construction Lump Sum Contract Page 13 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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 insta#led 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. [Just all ceilings and walls. 5. Dust, and if necessary wash, all plumbing and electrical fixtures. 6. 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. Ali 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 storing 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 premises. 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 cut by Contractor in a manner that will produce a neat straight line, paraliel 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. G-26 PROJECT CLOSEOUT Final Inspection, Record Drawings: Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment". Maintenance Manual: Sheets shall be 8 1/z" x 11", except pull out sheets may be neatly folded to 8 1/ "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, manufacturer's local representative, for each piece of operative equipment. General Conditions of the Contract for Construction Lump Sum Contract Page 14 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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 their 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 item. 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 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 Contractor's guarantee shall be extended to cover such longer periods. Manufacturer's 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 their successor(s) in interest. The Contractor agrees to warrant their 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 all 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 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 in 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. 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 accepted'; 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 General Conditions of the Contract for Construction Lump Sum Contract Page 15 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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. See attachment "A" for a sample Notice to Proceed. 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 Day 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 Fort Worth are defined as being New Years 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 mayjustify 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 they will make no claim for compensation, damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays said extension of time. SECTION I PAYMENTS AND COMPLETION 1-1 CONTRACT SUM: 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 correctness as the Architect may require. Each item in the Schedule of Values shall include 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. 1-3 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 General Conditions of the Contract for Construction Lump Sum Contract Page 16 of 27 CFW PMD — North Tri-Fthnic CC Renovations March 2020 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, 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 been 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. 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 must be attached before the pay request can be accepted. 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 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 Contractor's 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 it has 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 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 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 the Certificate in whole or in part if in their opinion they are 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 their opinion to protect the Owner from loss because of: 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims; 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 parties agree and acknowledge that actual damages are uncertain and difficult to ascertain because the Project relates to construction for a municipality. Normal damages of lost rent or profit are not applicable in this circumstance because the City is a municipality and the Project will not receive rent and the City will not have lost profits. Therefore, the parties agree that because City's actual damages are too difficult to ascertain that the liquidated damages stated below are reasonable and a correct representation of actual damages to the City. The parties also agree that the liquidated damages called for General Conditions of the Contract for Construction Lump Sum Contract Page 17 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 in this contract are not a penalty but an agreed upon damages calculation by two sophisticated parties. 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 $100,000 to $500,000 $210 $500,001to $1,000,000 $315 $1,000,001to $2,000,000 $420 $2,000,001 to $5.000,000 $630 $5,000,001to $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 any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment, it 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, they 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 their 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. 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 them 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. The Contractors one-year warranty will commence upon Substantial Completion of the Project. Trees will be warranted for a period of two -years per City ordinance. Prior to the expiration of the one year warranty there will be a walk through attended by the Owner, General Conditions of the Contract for Construction Lump Sum Contract Page 18 of 27 CFW PMD -- North Tri-Ethnic CC Renovations March 2020 Architect, and Contractor to identify any items that need to be addressed. These items will be agreed upon by all parties and the contractor will complete the work within 30 days. 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. I-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 their 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: (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 their 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 they shall take every precaution against 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 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. They 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. All 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 them or for whose acts they 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 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 their discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on 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 their 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 remove all their wastes and rubbish from and about the work area, as well as their 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 their 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 their Schedule of Values. General Conditions of the Contract for Construction Lump Sum Contract Page 19 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 SECTION K - INSURANCE K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until they have 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 their 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 Contractors 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 filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services 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 Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the 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: 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. General Conditions of the Contract for Construction Lump Sum Contract Page 20 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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. 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 their 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 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 certificate 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 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 them, 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 themselves 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. 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. General Conditions of the Contract for Construction Lump Sum Contract Page 21 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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 their 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 their 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. Best's 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 FortWorth 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 their 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 their 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 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 General Conditions of the Contract for Construction Lump Sum Contract Page 22 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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 they receive 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 Fort 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 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, they 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. 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. 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( 5M. 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 10°/a . 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 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. SECTION M UNCOVERING AND CORRECTION OF WORT( 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. General Conditions of the Contract for Construction Lump Sum Contract Page 23 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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 be 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 them 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 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 and 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 they make a general assignment for the benefit of their creditors, or if a receiver is appointed on account of their 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 they fail 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 their own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and their 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 owned by the Contractor and may finish the work by whatever method they 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) Stop work under the Contract on the date and to the extent specified on the notice of termination veneral Conditions of the Contract for Construction Lump Sum Contract Page 24 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 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 a 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 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 $'i,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 themselves, their 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 lock). 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 their use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed, or as directed. P-6 WIRELESS CONNECTION: The Contractor shall provide and pay for wireless internet connection (VVIFI) 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 Drawings. Pipe water from the source of supply to all points where water will be required. General Conditions of the Contract for Construction Lump Sum Contract Page 25 or lr CFW PMD — North Tri-Ethnic CC Renovations March 2020 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 humidify 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 all 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 their 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 positive, 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 them upon completion of the Contract work. The following information which will be furnished by 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. C. 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. General Conditions of the Contract for Construction Lump Sum Contract Page 26 of 27 CFW PMD — North Tri-Ethnic CC Renovations March 2020 FORTWORTH Attachment "A" Date: NOTICE TO PROCEED Contractor Address Phone: (xxx) xxx-xxxx Project Name: Gentlemen: Pursuant to the provisions of City Secretary Contract Number xxxxx this is your authority to proceed on the referenced project on dale. Prior to commencing work, it will be necessary For you to contact James Dieslelt Cort9t,rdction Saperinteiident, who will be in charge of subject Project, and make arrangements with him to .I eet project construction. He nlay be contac red at (817) 392-8072, Sincerely, James Diestel Cons—ti action Superintendent Cc: M/WBE Office File PROPERTY MANAGEMENT DEPARTMENT FACILITIES DIVISION THE CITE' OF FORT WORTH * 401 WEST 13"" STREET * FORT WORTH, TExAs 76102 (817) 392-2586 * FAX (817) 392-8488 General Conditions of the Contract for Construction Lump Sum Contract rage zr or zr CFW PMD — North Tri-Ethnic CC Renovations March 2020 CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT fLUIVfP SUM THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § This agreement made and entered into this the 7th day of April A.D., 2020, 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 CME Builders & Engineers, Inc. of the City of Cleburne County of Johnson, State of Texas, hereinafter called CONTRACTOR. WITNESSETH: That for 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 North Tri-Ethnic Community Center Renovations 2950 Roosevelt Avenue Fort Worth, Texas PMD2019-10 City Project # 102361, G00057 & G00037 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, 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 from the Contractor. The agreed upon total contract amount shall be 394 535.00. including the Base Proposal ($378,000.00), Owner's Contingency Allowance ($16,535.00), and "a,�ti Alternate -N 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. a. WORKER'S COMPENSATION INSURANCE: a Statutory limits. Instruction to Offerors Page 20 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) 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. G. 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: d $1,000,000 each occurrence; $2,000,000 aggregate limit. o This insurance shall provide excess coverage over each line 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. 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. instruction to Offerors Page 21 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) I 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. 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. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self -funded retention limits, on each policy must not exceed $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. I. 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. If 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. Construction shall not start without a "Notice to Proceed". The Notice to Proceed shall not be issued without bonds in place. 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 Condi- tions, 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 their Surety shall be liable to the Owner for such deficiency. Instruction to Offerors City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) Page 22 of 30 IN WITNESS WHEREOF, the City of Fort Wofh 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 &rl A.D., 2020 CME Bui s -n ineers, Inc. APPROVED: CITY OF FORT WORTH By. By. Robertg 1'r ,,M�J "r ., ..A President �� nI City Manager s APPRO L RE OMMENDED: RECORDED:. rce F; Steve coke Mary J. eraV y, ^ od* Director, Property Management Dept. City Secretary APPROVED AS TO FORM AND LEGALITY: By: M&C C-Number 20-0239 John B. Strong M&C Date 4-7-2020 Assistant City Attorney Form 1295 Cert No. 2019-563763 . 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 / - Brian R. Glass, AIA Architectural Services Manager Instruction to Offerors Page 23 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) Bond #107212747 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, CME Builders & Engineers, Inc. , known as "Principal" herein, and Travelers Casualty and Surety Company of America , a corporate surety (sureties), 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 created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of, Three Hundred Ninety. Four Thousand Five Hundred Thirty -Five Dollars and No Cents ($394,535.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the 7th day of April , 2020, which Contract is hereby referred to and made a path 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 North Tri-Ethnic Communitv Center Renovations located at 2950 Roosevelt Avenue, Fort Worth, Texas (PMD2019-10) City Project # 102361, G00057 & C00037. 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 become 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. Instruction to Offerors Page 24 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 17th day of April ATTEST: FIA?PW�,,, �iM (Principal) Secretary PRINCIPAL: CME Builders & Engineers, Inc. BY: Signature Pobal x ro u, Prfar Name and Title l Address: 1505 E. Henderson Street Cleburne, TX 76031 Witness as to Principal SURETY: Travelers Casualty and Surety Company of America _ ATTEST: BY: Signature l� wl a A � Sophinie Hunter, Attorney -In -Fact (Surety) Secretary Name and Title Address: One Tower Square, S 102A Hartford, CT 06183 E Witness as to Surety Telephone Number: 214-989-0000 i *Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws 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. Instruction to offerors City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) Page 25 of 30 Bond # 107212747 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, CME Builders & Engineers, Inc. , known as "Principal" herein and Travelers Casualty and Surety Company of America a corporate surety (sureties, if more than one) duty 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 created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Three Hundred Ninety -Four Thousand, Five Hundred Thirty -Five Dollars and No Cents ($394,535.00), 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 7th day of April , 2020, 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 by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as North Tri-Ethnic Community Center Renovations located at 2950,Roosevelt Avenue, Fort Worth, Texas (Project PMD2019-10) City_Pro_lect # 102361, G00057 & G00037 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 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 Page 26 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) s IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the l7thday of April , 2020. 4incipAST: al) Secretary e okn bmg�/__ Witness as to Principal ,9t a.,,., Me F Witness as to Surety PRINCIPAL: CME Builders & Engineers, Inc. BY: Signature waYmi L��c Name and Title Address: 1505 E. Henderson Street Cleburne. TX 76031 SURETY: Travelers Casualty and Surety Company of America BY: Signature Sophinie Hunter, Attorney -In -Fact Name and Title Address. One Tower Square, S 102A Hartford. CT 06183 Telephone Number: 214-989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws 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. Instruction to Offerors City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) Page 27 of 30 Travelers Casualty and Surety Company of America _ t I * Travelers Casualty and Surety Company i RAVE,LER ,I St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint SOPHINIE HUNTER of DALLAS Texas their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. State of Connecticut City of Hartford ss. By: Robert L. Rane ; enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. n�rr+� My Commission expires the 30th day of June, 2021 � e��s€s�a i Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is fled in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall he valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power proscribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers! President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E, Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 17th day of April , 2020 �titiFrl-i- tow • +tom ;'� . r� Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney-in-factand the details of the bond to which this Power ofAttorney is attached. I 0 ITNITIORTANT NOTICE TO OBTAIN INFORMATION OR. MAKE A COMPLAINT: F You may contact Travelers Casualty earl Surety Company of America_, for information or F to make a complaint at: i l ravelers Bond Attn: Claims One Tower Square, S102A Hartford, CT 06183 - 1-800-32$-2189 You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: ITexas Department of insurance P.O. Box 149104 Austin, TX 78714-9104 i (800) 252-3439 E ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-02I, Government Code, and Section 53.202, Property Code, effective September 1, 2001. CONTRACTOR COMPLUNCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project, North Tri- Ethnic Coxnn2oni Center Renovations located at 2950 Roosevelt Avenue Fort Worth Texas s®°eet PI�2019-IO Citv Proieet ## 1.02361G00057 G00037. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: �'rnll� i a � I��C'S � Hai XS, �nC•By: Company , 4 nor L , ; T< i�. 4t�.� �,�� n C17_]� _�iQ1L— Stgr Address City/State/Zip (Please Print) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Robto known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein staffed. GIVEN UNDER MY NAND AND SEAL OF OFFICE this Irday of r , 2020. Horaev�u�tc-srA��� IDif 4 5���040� -- - -- - ter_-ra�- 644 lwwk�� - Notary Public in and for the State of Texas Instruction to Offerors Page 29 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) 4'-0„ 1,-�-- CENTERLINE Or S[GN, LOGO & TEXT INFORMATION e cS Architect: Archited's Name FUNDED BY (List Bond Fund, etc.) SCHEDULED COMPLETION DA I E YEAR SIGN COLOR !D. FONT: BACKGROUND - WHITE BORDER - 5/16" WIDE, 3" RADII.! a CORNERS, PMS 288 (BLUE) TEST 9 HELVETICA or ARIAL, ISMS 288 (BLUE) FORT WORTH LOGO COLORS & FONT: FORT WORTH - PMS 288 (BLUE), CHELTENHAM BOLD LONGHORN LOGO A ISMS 725 (BROWN) PROJE C-4-T DESIGNATION SIGN Instruction to Offerors Page 30 of 30 City of Fort Worth -North Tri-Ethnic CC Renovations (March 2020) Exhibit "H" - Federal Labor Standards Provisions - Davis -Bacon Requirements Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(11) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (it) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30--day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140. ) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (111) Whenever the minimum wage rate proscribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010 (0612009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ❑avis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. 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 the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5{a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.govlesalwhdlformslwh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149,) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is 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, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has boon paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5,12, 4. Apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a a roll at an a rentice wa a rate who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (it) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for Jess than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by p Y pp g Previous editions are obsolete form HUD-4010 (06/2009) Page 3 of 5 ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage fate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained In 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning tabor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (i€€) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 10D1. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, satary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The previsions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010 (06I2D09) Page 4 of 5 ref. Handbook 1344.1 (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 -assisted contract subject to tho 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 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 6 of 5 ref. Handbook 1344.1 Exhibit "I" A Section 3 Reporting Forms Section 3 Summary Report U.S. Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp. 11/3012010) Low — and Very Low -Income Persons Office of Fair Housing And Equal Opportunity Huo Field o rye: Section hack of page for Public Reporting Burden statement 1. Recipient flame & Address: (slreel, city, state, zip) 2, Federal Idantifl ions (grant no.) 3. Total Amount ofAward: 4. Contact Person 5. Phone: (Include area code) 6. Length of Grant: 7. Reporting Period: 8. Dale Report Submiltedr 9. Program Code: (Jae separate sheet for each program code) 10. Program Name: Part is Employment and Trainin ** Columns B, C and F are manda cry fields. include New Hires in E &F A Job Category B Number of New Hires C Number of New Hires that are Sec, 3 Residents D % of Aggregate Number of Staff Hours of New Hires that are Sec. 3 Residents E % of Total Staff Hours for Section 3 Employees and Trainees F Number of Section 3 Trainees to rOTESSi�T-iBi9 Technicians I Cf�ci`<�eeltaWl Construction by Trade (List) Trade Trade Trade Trade Trade ViiiGr (L131 I 'taf ' Program Codes 1 = Flexible Subsidy 2 = Section 2021811 3 = PublicAr ian Housing A= Development, B - Operation C = Modernization 4 = Homeless Assistance 8 = CDBG State Administered 5 = HOME 9 = Other CD Programs 6 = HOME State Administered 10 � Other Housing Progmms 7 = CDBG Entitlement Page 1 of 2 form HUD 60002 (612001) Ref 24 CFR 135 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the pmject $ B. Total dollar amount of contracts awarded to Section 3 businesses $ G. 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 projectlactivity $ 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 III: 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. 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 HUD 60002 (1112010) Ref 24 CFR 135 Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low -Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead -based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $?00,000 awarded in connection with the Section-3-covered activity. Form HUD-60002 has three parts, which are to be completed for ail programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employmendtraining goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part I I of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons." A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report most include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name . 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. S. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. Suhmit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IHAs are to report all contractslsuhcontracts. The terms "low-income persons" and very low-income persons" have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part is Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have spacial knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category cf workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for emp€oyment at the lime of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the prejectlprogram. Item B: Enter the total dollar amount of contracts connected with this projectlprogram that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with thls project/program awarded to Section 3 businesses. Item D. Enter the number of Section 3 businesses receiving awards. Block 2: Non -Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the projoct/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts — Self -explanatory The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustmenis or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Page i form HUD 60002 (1112010) Ref 24 CFR 135 Exhibit "L" - MBE Reporting Form yContraet and Subcontract Activity U.S. Department of Housing and Urban Development OMB Approval No: 2536-0117 (axp. U310013) Public Reporting Burden for this collection of informatlon is e9lirealed to average .51) hours per response. including the time for reviewing instuctwns, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of inhumation. This intonation is voluntary. HUD may not eolfoct this Information, and you are not required to complete this loan, unless it displays a currently valid OMB Conlml Number. Executive Order 12421 dated July 11. 1903. directs the Mmomy Business Development Plans shall he developed by each Federal Agency and that those annual plans shall establish minority business development objectives. The infonnalion Is used by HUD to monitor and evaluate MBE activities against the total program activity antl the designated minority business enterprise (MBE) goals. The Department requires the information m provide guldonce and oversight forprograms forlhe development of minority business enterprise concern fng Minodly Business Development. Ii the infolmafion is not collected HUD would not be able to establish meaningful MBE goats nor evaluate MBE parrnrmance against these goals. 1 Whlle no assurances of cuelldantialiry 1. 'lodged to respondents, HUD generally discloses this data only In response to a Freedom of Information roquosl. Privacy Act Notlee - The United Slates Doparlment of Houslog and Urban Development, Federal Housing Administration, is authorized to selicft the infumalfon requested in this form by virtue of Tills 12, United Slates Code, Section 17D1 of seq., and regulations Promulgated thereunder at 111fo 12. Code of Federal Regulations. It will not be disclosed or released outside the United States Department of Housing and Urban Development without your consent, except as required ar permitted by law. 1. Gumlaaflncj cl Ownecli]evelopadsponsorlahilderlAAency Check g: PHA 2. Location (City, state, ZIP Cede) IHA 53a. Name of Conlacl Parson 3b- Phone Namber(Includag Area Code) 4. Reporting Period 5. Pogrom Cede (Not appli bla for Cnn programs.) 6. Dale Submllted to Feld 011ce GmnePmjcct Numberor HDOCase Numberor oNoridendlication of piopedy. - subdivtcen, dwelling unit, sic. 7a. Amount or Contract ar:iuboommd 7b. Typo of Sol, ntra coctor Wmnan Trade euei,.e Owned Code BaciaVElhnic Ben.... (See Code (Yosor be—) (Seebebw) No) 7c. 7d. 7e. Prime ConSractor Identifieagon(IO) Number 71. Oct 1 -Sept. 3D(Annual-FV) Sec- Subcontmclor Dec. S Identiliral-61)) a Number-- Nalne Tg_ 71,- 71- See explanallon or codes at bottom of page. 11- a separale sheet for each progmm code. Conhaclorf$ubconlmclnr Nemeand Address Slreet Clty state Zip Code 7c: Type of Trade Codes: YP 7d: RaclallEthnic Codes: 5: program Codes (Complete for Hcusfng and Pnbtic antl Ineian Housing programs only): CPD1 HousinglPublic Housing: 1 = White Americans 1 - All insured, including Section 8 5 = Section 202 •1 - New Constmctlon 1 = New Construction 6 = Professional 2 = Black Americans 2 N-ibte Subsidy 6 - HUD -Held (Management) 2 = Educaflonffreining 2 = Substantial Rehab. 7 = Tenant Services 3 = Native americans 3 = Section 0 Nonlnsured, Non-HFDA 7 = Publiel ndian Housing 3 = Other 3 = Repair a Educatio fTrafning 4 = Service 9 = Arch lFngrg. Appraise] 4 = Hispanic Americans 5 = AwardPacdic Americans 4 = Insured (Management 5 = Pro'oid MAmfIl. 0 = Other 6 = Hasidic Jews IProvfous editions are obsolete. form HUD-2516 (8f98) This report is to be completed by grantees, developers. sponsors, builders, agencies, andlor project ownors for reporting conlracl and subcontract activities of S10,000 or more under the following programsCommunity Davelopmenl Block Grants (enlitle- mom and small cities): Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities: and comracls entered Into by recipients of CDBG rehabilitation assistance - Contracalsubcontracls of loss than $10,000 need be reported only if such contracts represent a significant portion of your total coal racting aclivily. Include only contracts executed during this reporting period. Thls form has been modified to capture Seclien 3 contract data In columns 7g and 71. Soclton 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, he directed toward low -and very low-income persons, parliculadythosewhoammcipien[sofgovornmenlassislanoeforhousing. Recipients using this farm to report Section 3 contract data must also use Pad I of term HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be oompleled for public and Indian housing and most community development programs - Form H110-601i02 is to be completed by all other HUD programs including State administered community development progmms covered under Section 3. A Section 3 comracmdsuhconlractor Is a business concern that provides economic opponunifles to low- and vary low-income residents of the metropolllan area (or nortmatropolibm =only). Including a business concem that is 51 percent ormore owned by low- r very low-income residents; employs a subataotial number o1 low- or vary low-ln=me residents; or provides subcontracting or business development opportunities to businesses owned by low. or vary low-income residents. Low- and vary low-mwrna residents include participants In Youthbuild programs established under Subtitle D of Title IV of [he Cranston -Gonzalez National Affordable Housing Act. The terms 'lour -Income persons" and every low-income persons have the same meanings given the terms in section 3(b)(2( of the Untied Stales Housing Act of 1937. Low-income persons mean families (Including single persons) whose Incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger lamiltes, oxocpl that the Secretary may establish income ceilings higheror lower lien all percentum of the median for the area on the basis of the Secretary's findings [hat such variations are necessary because of provailing levels of construction =sla or unusually high or low-income families. Very low-income persons means low -Income families (including single persons) whose incomes do ool exceed 50 per centum of the median family income for the area, as determined V the Secretary with adjustments for smaller and larger lamiltes, except that the Secretary may establish income ceilings higher or lower than 5o per centum of the median for the area on the basis of the Secretary's landings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten 110) days alter the and of the reporting paged you checked in item 4 on the front. Complete item 71. only once for each contrecmrlsubcontraclor on each snarl -annual report. L=nter the prime conlracloes ID in item 71. for all contracts and subcontracts. Incleda only contracts executed during this reporting period. PHAs1JHAs are to report all contractslsubconlrads. Community Development Programs firm receiving cenlract(subcontract aclivity only one III on each report for each firm. 1. Grantee: Enter the name of the unit of government submitting this report. Multifamily Housing Programs Public Housing and Indian Housing Programs 3. Contact Person: Enter name and phone of person responsible for maintaining 1, GranteelProjel t Owner: Enter tho name of the unit of govemment. agency or PHAsAHAs are to report all comraclefsuhcorlmon . Include only contracts execulad and submitting conlract1sube nlmcl data. mortgagor entity submitting Ibis report, during this reporting period. 72. Grant Number: Enter the HUD Community Development Block Grant IdenlUda- S. Contact Person: Same as item 3 under CPD Programs. 1. Project Owner: Enter the name of the unit of government, agency or mortgagor lion Number (with dashes). For example' 8-32-MC-25-0034. For En+illemont 4. Reporting Period: Chack only one barred_ until submitting this report. Check box as aprompdale. Programs and Small Oily mull' -year comprehensive programs, enter the latest ahpmvcd grant number. S. Program Code: Enter the appropriate ro ram dodo. 9 -p 9 3. Contact Person: Same as dom 3 under CPD Programs. 7b. Amount of Contractl8ubcontract: Enter the dollar amount rounded to the 7a. GrardiPabject Number: Enter the HUD Project Number or Housing Develop- 4. Reporting Perlotl: Check only one period. nearest dollar. If subcontractor ID numberss provided Ir 71, the dollar figure would be moat Grant or number assigned. 5. program Code: Enter Iho appropriate program code. for the subcontract only and not to, the prime conlmcl. 7b. Amount of ConlracVBubconlract: Same as item 71s- under CPR Programs. 7a. GranVProject Number: Enter the HUD Project Number or Housing Develop - 70. Typo of Trade: Enter the numeric codes which hest irdicales the contractors! 7c. Type of Trade: Same as item 7c. under CPD Programs. nanl Grant or number assigned, subcontractcr'scervice. If subcontractor lD number is provided In 71., the type of trade 7d. Business RaciaVElhnlGGonder Code: Same he item 7d. under CPD Pro- 7h, Amount of ContracbrSubcontri Same as l[am 7b. under CPD Programs_ codewould be for lhesubcontmuter onlyand not for lhopdmocontracloc The'other' grams- 7c. Typo of Trade: Same as item 7a. under CPD Programs. s category heJudes supply, professional serviceand all other alexcept con. slruclfon antl oducationdmming activlllea. Ira. Woman Owned Business: Enter Yes or No. 7d. Business RactallEthnidGentler Code: Same as it.. 7d. under CPD Pro- 7d. Business AaclallEthniclGentler Code; Enlerlhe numeric =de which indiwles 7f. Contractor Identification(ID) Number: Same as item 7f. under CPD Programs, prams. the racieVothnic /gender character at the dwner[s} and =ntroher(s) of 51% of the 7g. Section 3 Contractor: Enter Yes or No. 7e. Woman Owned Business: Enter Yes or No. business. When 51% ormoro is not owned and controlled tryanysingle racialletr icl 7h. Subcontractor Identification [ID) Number: Same as item 7h. under CPD 71. Contmatorldenligcation(ID)Number: Sameas item 7t. under CPD Programs. gender category, enter ]he coda which seams most appropriate. If the subconhaGor Programs. 7g. Section 3 Contractor: Enter Yes or No. ID numbers providod, the code would apply to the subcontractor and not to the prime contractor. 71. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor idenllflcatlon (ID) Number: Same as item 7h. under CPO 7e. Woman Owned Business! Enter Yes or No. 71. ContraatorlSubcontractor Name and Address! Same as ddm 71. under CPD Programs. D) Numf or: erthe 7t. Contractor les Programs. 71. section 3 Contractor: Enter Yes or No. thei ire hi d.. Not thatthe Prime Conirectoras the unique identifier far prime recipient of HUD funds. Note that lent of HUD 7j, ConlracmrlSubcantractor Name and Address: Same as item 71. under CPD the Employer (IRS) Number must be provided for each contractleubcontracl awarded. Programs. 7g. Section 3 Contractor: Enter Yes or No, 71h. Subcontractor Identification (ID) Number: Enlerlhe Employer [IRS) Number of the subcontractor as the unique Identifiar for each subcontract awarded Irom HUD funds. When the submnVaclor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 71. Section 3 Contractor: Enter Yes or No. 71. CantractodSuhcordra for Name and Address: ratitir this inlomtation for each Previous editions are obsolete. form HUD-251fi [3l08} I L I APPENDIX DAVIS BACON REQUIREMENTS9 FORMS AND GUIDANCE 4 A. Wage Determination 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. WH-347-Payroll Form/Certification of Compliance L. WH-347-Instructions M. Record of Employee Interview N. Davis -Bacon Contractor Guide "General Decision Number: TX20190270 04/12/2019 Superseded General Decision Number: TX20180322 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 $10.60 for calendar year 2019 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, 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 $10.60 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 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). 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 N requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number 0 1 2 ASBE0021-011 06/01/2016 Publication Date 01/04/2019 02/08/2019 04/12/2019 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Duct, Pipe and Mechanical System Insulation) .... $ 24.32 7.52 ----------------------------------------------------------------- BOIL0074-003 01/01/2017 Rates Fringes BOILERMAKER ......................$ 28.00 22.35 ------------------------------------------------------------------ CARP1421-002 04/01/2016 Rates Fringes MILLWRIGHT .......................$ 26.60 8.65 ----------------------w------------------------------------------ ELEV0021--006 01/01/2019 Rates Fringes ELEVATOR MECHANIC ................$ 41.24 33.705 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. ENG1O178-005 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 11/01/2018 Rates Fringes PIPEFITTER (Excludes HVAC Pipe Installation) ...............$ 31.08 9.45 ---------------------------------------------------------------- SUTX2014-048 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 0.00 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 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 (HVAC 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........... $ 1.1.28 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 PIPEFITTER (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) 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 EO, the contractor must provide employees with I 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, 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 i 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 award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . i r 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 i 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, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. s * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CHR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" City of Fort Worth Community Development Blacks Grant (CDBG) Construction Projects CONTRACTOR MATION Project: Contractor: Address: City: -- Telephone: Federal I.D. M Officers of the Corporation: President: Vice President: Secretary: Treasurer: If sole ownership or partnership, list owner(s): Fax., 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). Signature: 0 Project: Subcontractor: Address: City: Telephone: Federal I.D. M City of Fort Worth Oomnn=4 Development Bloo k Grant (CDBG) Construction Projects SUBCONTRACTOR UOORMATION Date. Officers of the Corporation: ' President: Vice President: Secretary: Treasurer: If sole ownership or partnership, list owner(s): Pax: 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). Signature: U. S. Department of Housing and Urban Development CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES Project Name Location Date Project No. (I) (We) hereby certify that (I am) (we are) (the prune contractor) (a subcontractor) for in connection with construction of the above -mentioned Project, and that W (we) have appointed o si re a bel to su12Mise the na n al o o eta be` ffim-mg_ , 20 , that he/she 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 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. Attest (if required) - (Signature) (Title) (Title) ------ ------------------------------------ - MOTE:, 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 Dick -Back Statute. DAL/DA0-1340.3/2 (6-79) City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects START OF CON TRU'C't'ION (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) -- , (State) (Zip) has started work on the above referenced project covered by our contract with you, as of (Date) Respectfully yours, (Name of Company) (Signature) (Title) City of Forst Worth Community Development Bloch Grant (CDBG) Funded Construction Projects CONSTRUCTI+p T CO1 P EME Date: Project Name: Project Location: Project Number: U.S. Department of Labor Wage Decision: This to inform you that the. - of (Address) (State) (dip) by our contract with you, as of (Name of Company) (CitylTown) has terminated work on the above referenced project covered Respectfully yours, (Name of Company) (Signature) (Title) Payroll roll Deduction Authorization This Is the authorizatlon to the to deduct from my paycheck $ ,� This Is for Item number: 1, Loan 2, Retirement 3. Advance on Wages 4. Savings 5. Savings Bonds 6. Uniforms `This deduction is to be made: CHECK APPROPRIATE 130 Employee's Signature Printed or Typed Name: Project Name and Number. K PAYR0LLVEDUMON AWHORIZATTON.00C REPAYMENT OF: 7. Credit Union S. Profit Snaring 9. Donations to Agencies 10. Insurance Premiums 11. Union Dues 12. L) One time only U Weeidy Q BI-weekly ® For weeks Ll ©ate: STATEMENT OF POLICY ON EQUAL EMPLOYIVEJW OpPORTUNiTy it will be the policy of this firm to not discriminate against any applicant for employment, or any employee, because of race, creed, color, age, sex, or natural origin. This fYrna 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 malts 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 Bate EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING 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. 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 falsif[as certif led payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, flnes 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 Worth 200 Texas Street Fort Worth Texas 76102 817-392-6203 Fax 817-392-7328 scott.nicdonald@forhvorthtexas.gov or contact the U.S. Department of Labor's Wage and Hour Divislon. For `additional lnformatiari'' I UA E 4879 ',-TT Y T-8T 7'$89 `5Q27 U.S. Department o1 Labor I Employment Standards Administration wage and dour Division WH ] 32t(neW50d Ap1Q 2009) Ilk PARAk OBREROS Y MEcANICOSEMPLEA DO EN PROYECTOS DE CON TRUCC N FEDERAL 0 CON ASI TENC A► FEDERAL LA SECC16N DE HORAS Y SUELDOS ❑EL DEPARTAMENTO DE TRABAJO DE EEUU SALARIOS No se le puede pagar menos de [a tasa de pago Indicada an la Decision de Salarlos PRIEVALEGIE TES Davis -Bacon ftjada con este Aviso para el trabajo que Ud. desempena. SOORETlEII�fiPO Se le ha de pagar no menos de tlempo y medio de su tasa b6sica de pago por todas las horas trabajadas on exceso de 40 en una semana laboral. Existen pocas excepolones. CUMPLIMIENTO Se pueden retener pagos par contracos para asegurarse que los obreros reciban los salarlos y el pago de sobret[empo debidos, y se podr[a aplicar dafios y porjulclos sl no se cumple con las exlgenclas del pago de sobretlempo. Las cidusu[as contractuales de Davis -Bacon permiten la terminacl6n y exclusl6n de contratistas para efectuar futuros contratos federates hasty tres aiios. El contratista que fa[sifique los registros certificados de las n6minas de pago o Induzca devo[uclones de salados puede ser su]eto a procesaml onto civil o criminal, multas y/o encarcelamiento. APPIE DICES Las tasas de aprendices solo se apllcan a aprendices correctarnento Inscrltos bajo programas fad erales; o estata[es aprobados. PAGO 51 Ud. no recibe el pago aproplado, o preclsa de Informaci6n adiclonal sobre los APROPIAO® salarlos aplicables, p6ngase en contacto con el Contratista Oficial que aparece abajo: Sylvia Flores Human Services Specialist Neighborhood Service Department City of Fort Worth 200 Texas Street Fart Worth Texas 75102 817-392-8550 Fax 817-392-7328 sylvia.tlores@fortworthtexas.gov o p6ngase on contacto con laSecci6n de Horas y Sueldos del Departernento de Trabajo de EEUU. Para.ok 6e),br l'nforrnaclon acfl0ion8( (1-66&-487-'9 43) 'ITT: ���3i 7-�1�9=:�627= r�.e.v�r%ew5a+lrW� ria.en Iw- U.S. Department of Labor Employment Standards Atdminlstratlon I Wage and Hour Diviston WH 1321 aPAtR"Ised ApA12000] I p r O p Z � 09 m;j r I 0 Y a^> zLU O� A � A Z 0 V 0 y ID p 0 13 O �SOF 2 ' O F �Q LLJ d z '.is av'ta o w i7 x F _ a s ""m �Np,ONHArM 3o'0N � utii � N Z�w s� Z � O OW 2 d i z 6 !ll EC LL Q LL w z ui ca LLF z tL Ei. w W a a N 9 Er w OF a�- O u. 0 5R a u~ z Q �4 �m LU w� F � ¢w W VS N O T LL O LL � D� v p t7Ot[i 00U d � N W R?17, �Ua a 'd �zI- - — m � � ma 'tics ago C E P .ra g �c m �.� 41 PEE a toL sw L�`� v rc{n o yw m tl'gc7npy' z y S � - N a y DNS C E c @@ �.c u P12 ��ro� �.c �oay rn q 2 .� � G Uny N w 7 0 b_p -cc t j I [m7 7 a s c ....F O y m C r O '3 W tpr�y A L ,� .i3 a' ..'C.. yam.. io fS C Nam@ Gv1 R Vf'" a V N aC 07 p E Ln y a as O��SU P is �C id n'y�. s, m Y C�� Cq w C, c m > •- �15 V w U4 'i7 C 2 � •'7- 4 47 Vl G '���s W @ C�sl 61' �� N RS V :� ..� C P cmmm a�c_�ipS(p Q3ina3� C A •C (11 C Q1 R [tl D. cm=r C' opCO N 7 maid O N e7 @ a ID uNi n y fl. C 4 .P E ^m aFy to .fr".0 R. E '� QE1 >+'a O@ y�y a Ok-p w D L w R' LU 1 p E m Q3 1R � 7 ti 4s T @ t" E CA Rj , T m, @ Q fl ryr M CL y m .Q N W 3 cp c� y m "' i'V 'c 'Ll ^ o � LL 3yy .ry Cb tomt- Scq S m VWQm v. yP totx 3QM2 c4m-0 Davis -Bacon Payroll Form Completion Instructions NOTE: Form WH-347 (PDF) can be found at http://www.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. 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 - [dame 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 A 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 (9/20-9124) 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 M 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 s 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 the row labeled "0" (e.g. in our example, John Jones would be listed as $69.13). © Question: How was overtime calculated? Regular Wage $ 36.22 Fringe Rate + $ 14.80 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. 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 .tones 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 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 Tones, 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 Belief, 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.) 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. § 1401, 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. Record of U.S. Department of Housing OMB Approval No. 2501-0009 Employee Interview and Urban Development (exp. 08/31/2007) Office of Labor Relations Public reporting burden for [his collection of Information is estimated to average 15 minutes per response, Including the lime for raviawing instructions, searching existing data soureea. 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, uniess It displays a currently valid OMB control number. The Information is collected to ensure compliance with the Federal labor slanderds by recording Interviews with construction workers. The Information collected will assist HUD In the conduct of compliance monitoring, the Information will be used to lost the veraoiiy of certified payroll reports submitted by the employer. Sensitive information. The Information collected on this form is eonsiderad sensitive and Is protected by the Privacy Act. 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 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 shalt be kept confidential. Ia. Project Naive 2a. Employee Name 1 b. Project number 2b. Employee Phone Number (Includ(ng area code) 1 c. Contractor or Subcontractor (Employer) 2c. Employee Home Address & Zip Code 2d. Veriflcation 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? job7 job before today? day on this job? Vacation Yes ❑ .'No'[:] Yes ❑ No ❑ Medical Yes ❑ No ❑ Pension Yes ❑ No ❑ S. Your job classification(s) (list all) --- continue on a separate sheet If necessary 6. Your duties or Y N Y N 8. Are you an apprentice or trainee? ❑ ❑ 10. Are you paid at feast time and % 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 I 12b. Date 11 Dulles observed by the Interviewer (Please be specific.) 14. Remarks name (please print) Payroll Examination 15. Remarks Date Previous editions are obsolete Page 1 of 2 form HUD-11 (0812004) r 1 WWI tj � M , Ijury IV" bc 4 -a fi -OR STANDARD jj0 LA ki U.S. Department of Housing and Urban Development Labor Relations Desk Guide LRUI.DG January 2012 Previous versions obsolete 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 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. 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: h tta://www. h ud.,go vlofficesloir 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. tJ►WLE OF CONTENTS INTRODUCTION................................................................................................................ i CHANTER 1 LAWS, REGULATIONS, CONTRACTS AND RESPONSIBILITIES.................................................................1-1 1-1 DAVIS-BACON AND OTHER LABOR LAWS ......................................... - a. The Davis -Bacon Act(DBA).............•.................................................................1-1 b. The Contract Work Hours and Safety Standards Act (CWHSSA)......................1-1 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 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 IOW 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.......................................................................... 2-2 b. Making the request..............................................................................................2-3 c. HUD review............................................................................ 2-3 d. DOL decision................................................................................................ .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 a. Laborer or mechanic....................................................................... ..2-5 b. Employee...........................................................................................................2-6 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 SECTION - 11 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 2-11 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 CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE REVIEWS, WITHHOLDING, 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..................................................................................3-2 3-3 WITHHOLDING.......................................................................................................3-2 3-4 DEPOSITS AND ESCROWS..................................................................................3-3 3-5 ADMINISTRATIVE SANCTIONS............................................................................ 3-4 a. DOL debarment..................................................................................................3-4 b. HUD sanctions...................................................................................................3-4 3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS ........................................3-5 APPENDICIES ACRONYMSAND SYMBOLS...........................................................................................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 v CHAPTER 1 LAWS, REGULATIONS, CONTRACTS AND RESPONSIBILITIES 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 (DBA). 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. Most HUD construction work is not covered by the DBA itself since IAU D seldom contracts directly for construction services, firllost often, if Davis -Bacon wage rates apply to a HUD 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 to as the Davis -Bacon and Related Acts or DBRA. b. The Contract Work Hours and Safety Standards Act (CWHSSAL 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 CVVH SA because some HUD programs only provide loan 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 95-01, CWHSSA Coverage threshold for overtime and health and safety provision, available ors -line at the HUD Labor Relations. Library at: www.hud.gWvl offices/ol r/I ibra ry.cfm ) 1-1 c. The Copeland Act (Anti -Kickback Ago. 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 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 1, 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 or. the World Wide `vvei7: http://www.dol.gov/dol/allcfr/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 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 o n-lime at: www.hud.gov/offices/adm/hudclips/index.cfm 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. All Current Davils-Bacon wage deCdSIQlls Earl be accessed on-line at no cost at.- http://www.wdol.gov 14 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR The principal contractor (also referred to as the prime or general 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 terra "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 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 CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS AND PAYROLL REPORTING RICE -QUIRE ENTS 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. Ll em1elmiber, the wage decision is contained in the contract specifications along with tie bor standards clauses. 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 720). 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). The Employee Rights under the Davis -Bacon Act poster (WH-1321) replaces the Notice to all Employees. The new poster is available in English and Spanish on-line at HUDCIips (see address in ti-xe 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. b. flaking 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 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 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 ad ministrator before submitting an additional classillcauon and wage fate 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 PAYROLI 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 DOL's 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. ibi_a are riot required to use Payroll Porn] VV11 1-347. 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). DOL's website has Payroll Instructions and the Payroll form `►NH-347 in a "filiable" PDF format at this address: www.dol.gov/whd/forms/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. If you number your payroll reports consecutively, you do not need to submit "no work" payrolls! 2-4 d. Payroll review and 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 prince contractor that reviews subcontractor payroll submissions can detect ary misunderstandings early, prevent costly underpayments and protect itself from financial loss should underpayments occur. 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 tradejourneymen (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. 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. Probationatyapprentice. 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 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 d. Prevailing wages or wage rates. Prevailing wage rates are the wage rates listed 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 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. 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 baslc 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 $10/hour basic rate plus $5/ hour fringe benefits, you must pay no less than that total ($15/hour) 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 $g basic plus $a fringe benefits; as long as you meat the total amount. The amount of the base wage that you may off -set with fringe benefits is limited by certain IRS and FLA 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 CFR 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: $151hr ($9 basic + $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. 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. - --- LFourany contractors, the Weekly Certified Payroll is the only Davis -Bacon paperwork ed to 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 contractorisubcontractor 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 each employee appears shall include the employee's name and an individually identifying number, usually the last4 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 A rentices or trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of that apprentice's or trainee'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 at job sites other than the project forwhich the payroll is prepared, those "otherjob" 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 pad 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/hour basic plus $5lhour fringe benefits, the overtime rate would be: ($10 x 1 1/2) f $5 = $201hour. Cross 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/$754.85) and base deductions and net pay on the "all projects" earnings. 2-10 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. Only one employee authorization Is rxeeued ur recurring (e.g., weekly) other tieuiiCii�ii s. Written employee authorization is not required for income tax and Social Security deductions. 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). 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. 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 e 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. Incomnlete 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 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 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 $10 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 the DOL for further review. 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. 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 aeauctions from employee earnings for taxes or Social Security. However, HUED 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. 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 WAGS. 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 forcomputing 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--14 The contract administrator may communicate directly with a subcontractor when the Underpayments are piai['Eiji evident and the subcontractor is COOeCcitiVc. It IS be^St 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 gases, 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 rate paid to each affected employee and the wage rate required on the wage decision for all hours wormed 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. A properly signed Statement of Compliance must accompany the correction payroll. [IUD 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 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. 2-1 6 CHAPTER 3 LABOR STANDARDS REVIEWS, NUa T 1— HOLDING, DEr"OS TS) AND F-`-` ROW ACCOUNTS, AND SANCTIONS wHAr HAPPENS WHEN THINGS CO 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 wage 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 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. 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 6, Rules of Practice forAdministrative Proceedings.) 2. Administratila 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. 410 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 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 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: Remnei i ber, the pr iF I ke vontractoris responsible and will be held liable fOranv %vage 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 -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 deposit/escrow account forth ree 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. 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 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 34(a)). If the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in 34(c), below. Remember, if you have any q uestions or reed assistance concern ing iaborstandarus, 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. 3-5 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 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 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 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; if you have drny questions or need assistance concerning laborstandarrds 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. 3-5 ACRONYMS AND SYMBOLS CDBO - Community Development Block Grant CFR - Code of Federal Regulations CPR - Certified Payroll Deport 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 FL - Fair Labor Standards Act HUD - Housing and Urban Development (Department of) WA - Indian Housing Authority LCA - Local Contracting Agency LDP - Limited Denial of Parkipaticn OIT - Overtime PHA- Public Housing Agency SIT - Straight -time SAC - State Apprenticeship Council/Agency TDHE - Tribally -Designated Housing Entity - SecLlon ¶ - Paragraph A-`f DAVIS-BACON - RELATED WEB SITES* HUD Office of Labor Relations: www.hud.gov/offices/oir HUD Regulations: http:/Iwww.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR HUDClips (HUD Forms and Publications): www.hud.gov/offices/adm/hudclips/index.cfm DOL Davis -Bacon and Related Acts Homepage: http://www.dol.govlwhd/contracts/dbra.htm DOL Regulations: http://www.gpo.gov/fdsys/browse/collectionCfr.action?col lectionCode=CFR Davis -Bacon Wage Decisions: www.wdol.gov DOL Forms: www.dol-gov/whd/programs/dbra/forms.htm `Web addresses active as of January 2012 A-2 Project Wage Rate Sheet U.S. Department of Housing and Urban Development Office of Labor Relations Project Name: Wage Decision Number/Modification Number: Project Number: Project County: Work Classification Bask Hourly Rate {HHR) Fringe enef�ta Total Hourly V'Vage Rate Laborers Fringe Benefits $ Bricklayers $ Croup # BHR Total Wage Carpenters $ $ Cement Masons $ $ Drywall Hangers $ $ Electricians $ $ Iron Workers $ $ Painters $ Operatara Frhp ®eneffiz- $ Plumbers $ Group # BHR Total Wage Roofers $ $ Sheet Metal Workers $ $ Soft Flo^r tint^rk-m $ Tapers $ $ Tile Setters $ Truck Drivers Fringe Scinefstr. $ Other Classifications rotip 9 BHR Total Wage $ Additional Classifications (HUD Form 4 34- ) Work Classification 84a Hourly �;Rate (13HR) Fringeic Benefits Total Hourly Hourly Rate Date of HUD Submission to DOL Date of D L Approval $ $ A-3 4� a � IY I i � Oo 18 XLi'lp n m a m n w n w n v, tf w (r w [1 v� F, � V u�l W M AI I m J a Ltl b ui lug LL 01 -v a -so 5 Z bi C4 M 0 f3 pr 41 vP.1 r ja v e, ti At 's 19% ,'&,u CL A-5 U.S. Department of Housing and Urban Development Office of Departmental Operations and Coordination Washington, DC 20410 Email: www.OfficeofLaborRelations@hud.gov Labor Relations Desk Guide LRQI.DG �PP10ENT0,cH0 * *G Ini I 4 Q EOUALHOUSING eAN DEVV OPPORTUNITY