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Home My WebLink AboutContract 42708C\1Y SECRETARY cONTRACTNO. Ya:JOR_ THE CITY OF FORT WORTH, TEXAS Renovate Guinn Elementary School Phase II TPW2006-12 Project No. 00382 ;: THIS COPY IS FOR: CONTRACTOR X CITY SECRETARY SPONSORING DEPT PROJECT MANAGEI TPW FILE COPY BETSY PRICE THOMAS HIGGINS MAYOR CITY MANAGER · Douglas W Wiersig, PE Director, Transportation & Public Works Department Jesus Chapa Director, Housing and Economic Development Komatsu Architecture Prime Construction Company December 2011 Renovate Guinn Elementary School , Phase II December 2011 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 12-19-11 po3:19 '" GUINN ELEMENTARY SCHOOL RENOVATIONS Project: GUINN ELEMENTARY SCHOOL PHASE II INTERIOR 1100 S FREEWAY FORT WORTH Project#: 00382 TPW Project#: TPW2006-12 Bid Date: APRIL 21, 2011 Advertised : MARCH 3 & 10, 2011 DESCRIPTION BASE BID ADDENDUM'S: CALENDAR DAYS: DESCRIPTION BASE BID ADDENDUM'S: CALENDAR DAYS: Prime Construction Company 8101 Valcasi Drive , Ste 101 Arlington, Texas 76001 817-572-5550 817-572-6354 FAX jmoody@primeconstructionco.com $ BID 709,000.00 7 200 8 Mega Contractors, Inc . 914 N Sylvania Avenue Fort Worth , Texas 76111 817 -222-0600 817-222-0612 FAX D1@:megacontractorsinc.com $ BID 822,000.00 7 240 $ 2 Corbet Group, Inc. 1027 Dragon Street Dallas , Texas 75207 214-905-0585 214-905-0589 FAX bgarvey@corbetgroup.com BID 734,000.00 7 120 9 Azteca Enterprises, Inc. 8205 Camp Bowie Blvd W, Ste 202 Fort Worth, Texas 76116 817-244-0019 817-244-0021 FAX markr@azteca-omega.com $ BID 830,000.00 7 130 TRANSPORTATION AND PUBLIC WORKS ARCHITECTURAL SERVICES BID TABULATION Tabulated by: VICKI MCDONALD Eng. Estimate: $ 900,000.00 Addendums: 7 3 4 Struhs II, LLC dba Struhs Commercial Construction RBR Construction, Inc. $ $ 500 Samuels Avenue Fort Worth, Texas 76102 817-318-8000 817-332-4211 FAX efalconer@struhsco.com BID 738,000.00 7 120 10 The Fain Group, Inc. 1616 N Sylvania Ave nue Fort Worth, Texas 76111 817-927-4388 817-927-4389 FAX lfrazier@faingp.com BID 838,593.00 7 180 1 of1 1214 Mineral Wells Hwy Weatherford, Texas 76086 817-341-1467 817-341-0969 FAX rringo@rbrconstruction.com $ BID 766,000.00 7 120 11 Macrocosm Services & Solutions, LLC 601 N Glenville Drive , Ste 105 $ Rich ardson , Texas 75081 · 972-234-4440 972-234-4438 FAX info@macrocosmss.com BID 852,264.80 0 230 $ 5 RJM Contractors, Inc. 3629 Lovell Avenue Fort Worth, Texas 76107 817-377-0971 817-377-0973 FAX tb rowne@rj-miller.com BID 768,478.00 7 149 12 Woodrose Company, Inc. PO Box 123260 Fort Worth, Texas 76121 817-377-4477 817-377-4410 FAX franloyd@woodrosecompany.com $ BID 890,000 .00 7 180 6 Scott Dennett Construction, LC 2313 Cullen Street Fort Worth, Texas 76107 817-882-9420 817-882-9424 FAX shawnm@dennettconstruction.com $ BID 776,811.00 7 180 13 DMG Commercial Construction Services, Inc. $ 3939 Belt Line Road #540 Addison, Texas 75001 972-630-6900 972-630-6904 FAX stephanie@dmginc.net BID 988,849.00 7 135 7 Gene Doss Constru ction, Inc. $ 400 Cottingham Drive Temple, Texas 76504 254-771-1,899 254-771-1917 FAX gdoss@vvm .com BID 797 ,600.00 7 180 City of Fort Worth, Texas _Mayor and Council Communication COUNCIi,. ACTION: Approvecfon 12/6/2011 -0:rdinance N9. 20004-12-2011 DATE: Tuesday, December 06 , 2011 REFERENCE NO.: C-25334 LOG NAME: 17GUINNPHASE2 SUBJECT: Authorize Execution of a Construction Contract with Prime Construction Company in the Amount of $709,000.00 Plus $140,000.00 in Contingency for the Interior Renovation of the Guinn Elementary School and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the use of interest in the amount of up to $89,000 .00 from State grant funds allocated to the City of Fort Worth through the University of North Texas Health Science Center; 2. Authorize the transfer of interest earned from State grant fund project Fiscal Year 2007 to Fiscal Year 2011 in the amount of up to $89,000 .00; 3 . Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of up to $89 ,000 .00 from interest earned ; and 4 . Authorize the execution of a Construction Contract in the amount of $709,000.00 plus $140,000 .00 in contingency with Prime Construction Company for the interior renovation of the Guinn Elementary School located at Interstate 35-South and Rosedale Street. DISCUSSION: This Interior Renovation Project will complete the interior finish-out to include new interior walls and doors, new paint, carpet, and vinyl composition tiles, new electrical wiring and light fixtures, new HVAC duct extensions , computer network wiring, and furnishings, fixtures and equipment. On February 24, 2009, (M&C C-23363) the City Council authorized Change Order No. 1 in the amount of $224,367 .03 to Construction Manager at Risk (CMAR) Contract with E3 Contract Consultants, lnc./Thos. S. Byrne , Ltd . (E3/Byrne ), a Joint Venture (City Secretary Contract No. 35727), for the exterior renovation of the Guinn Elementary School located at 1-35 South and Rosedale Street. This increased the Construction Manager at Risk Contract amount to $1,722,134.00. The Request for Competitive Sealed Proposals for interior finish-out was advertised in the Fort Worth Star-Telegram on March 3, 2011 and March 10, 2011. Thirteen firms submitted proposals and six of these firms submitted the required Post Bid-Pre Award documents. The following six proposals were received: Logname: 17GUINNPHASE2 Page 1 of 3 !Prime Construction Company :1 $709,000 .00 ! t ·········-·····-·········· ................ -·-·······-···' ................... ·-·····----········-···· .............. ·-···-····· ······-·-······· .-l .... -----·-· ....................... _______ ............ ~ ;corbet Group, Inc. !$!34,qoo .qq ! Jstruhs II, LLC d.ba Struhs.~or11_~erci~I Constructi~n i$738 ,000.00 !RJM Contractors, Inc. . 1$768,478 .00 ; 1M~crocosm S~rvices and ~olutions, LLC ......•.. · ··•· ··• · !$852,264.80 : IWoodrose Company,}nc.·-····-············ ......... . ... .. J ~~~Q .. Q_Q_Q.OO I Based on weighted selection criteria of price , schedule, reputation , and experience, Prime Construction Company was determined to offer the best value for the City. The estimated overall cost of the Phase II Interior portion is : :loesig·~ · · -· · · :,construction ! ................... ············ r-·-···--·-···-··············-···· jl TS ,FF&E 11 $ 709 ,000.00 ··'·'···'··'·'"·"·"·'"·"·""-'··~''"·,·~·=""}'·'''·"''·'·'···'"'·"'·'·"'"'·"""'"'=·'"'''·'·'·"·' .. ·············. ·· .. · ........... . .1~ 220.000.00 t 1Total IT equipment, furniture fixtures and other equipment (FF&E) will be procured separately. Prime Construction Company is in compliance with the City's M/WBE Ordinance by committing to 27 percent M/WBE participation. The City's goal for this project is 26 percent. The project is physically located in COUNCIL DISTRICT 8 but will serve Fort Worth residents in ALL COUNCIL DISTRICTS . FISCAL INFORMATION/ CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated , of the Grants Fund . FUND CENTERS: TO Fund/Account/Centers 2) GR76 441012 013452046000 2) GR76 441012 017452293000 2) GR76 441012 017452437000 2) GR76 541200 017452046800 2) GR76 541200 017452293800 2) GR76 541200 017452437010 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Logname : 17GUINNPHASE2 FROM Fund/Account/Centers $50 ,000.00 3) GR76 541200 017 452046800 $25,000 .00 3)GR76 541200 017452293800 $14 ,000 .00 3) GR76 541200 017452437010 $50 ,000.00 $25,000.00 $14,000 .00 Fernando Costa (6122) Jay Chapa (5804) $313 ,089.54 $503 ,182 .11 $32,728 .35 Page 2 of 3 Additional Information Contact: Ossana Hermosillo (212-2665) ATTACHMENTS 1. 17GU INNPHASE2 AON .doc (Public) 2 . Comp li ance .pdf (CFW Internal} 3. RE MC Rev iew Request 17GU INNP HASE2.msq (CFW Internal) Logname: 17GUINNPHASE2 Page 3 of 3 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 7 Renovate Guinn Elementary School, Phase II Request for Proposals Submittal Date : April 21, 2011 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. Sheet A6.01 is replaced by the attached an d General note number 2 on sheet E2.01 is modified according to the attached . 2 . The following general contractor has expres sed that they will be an offeror: Corbet Commercial Builders -Devin Parsons -dparsons@corbetqroup .com Acknowledge the receipt of this Addendum No. 7 on you r Proposal. Douglas W. Weirsig, P .E. DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- RELEASE DATE: April 18, 2011 Ronald Clements. AIA Project Manager Facilities Management Division 817-392-8014, FAX 817-392-8488 Renovate Guinn Elementary School, Phase II Addendum No. 7, April 18 , 2011 Page 1 of 1 ADDENDUM NO. SEVEN April 18, 2011 TO THE CONTRACT DOCUMENTS FOR: GUINN ELEMENT ARY SCHOOL PHASE II FORT WORTH, TEXAS KAI PROJECT NO. 04.149A This Addendum fonns a part of the Contract Documents and modifies the drawings and project manual dated December 8, 2011 as noted herein . Bidder shall acknowledge receipt of this addendum where indicated on the bid fonn; failure to do so may subject bidder to disqualification . REFER TO THE PROJECT MANUAL FOR THE FOLLOWING ITEMS: 1.01 No items under this heading. REFER TO THE PROJECT CONSTRUCTION DRAWINGS FOR THE FOLLOWING ITEMS: 2.01 DRAWING A6.01 A. Delete this drawing in its entirety; insert new revised Drawing A6 .01 (PDF fonnat) attached hereto. 2 .02 DRAWING E2.01 A. Under General Notes add new General Note No . 2 to read: "Equipment locations indicated for existing electrical distribution board "DLA", ex isting panelboard "LA ", and new panelboard "LB" are diagrammatic and not intended to show exact location. Retain existing "DLA " and "LA " in their current ex isting location. Field locate new "LB " in electrical room to maintain all NEC requ ired working clearances and related code requirements. End of Addendum No. Seven Guinn Elementary School Building Phase II Fort Worth, Texas Addendum 7-1 KAI Job No. 2004.149A Addendum No. 7 April 18 , 2011 Issued for Proposals DOOR TYPES SOUD WOOD 1 CROSS PAtm. Slll[ ANO RAA. SOUO WOOD 1 CROSS P.t.NEl Slll£ .t.NO RAIL DOOR FRAME TY PES FLUSH SOUD CORE WOOD Ji ~ _J ___ J ___ O_ O_c~.:Eo ® ® WOOD-INTERIOR WOOD-INTERIOR WINDOW TY PES ,~J,~ ----@ --- HOLLOW METAL GENERAL NOTES 1. REFER TO SHITT CSl.01 FOR SYW9Cl..S, l£CENO ANO UST Of AB8RE\1A TIONS. 2. THESE DRAWINGS UUSTRATE lHE GENERAi. CONDITIONS OF THE EXISTINC BUILDINC. lHE CONlRACTM SHAU. FlEl.D VERIFY lHE LOCATIONS, ASSEM9LY 1)1)ES ANO DIMENSIONS Of AU. OJSffiC BUILDING COOSTRUCTION PRIOR TO BECINNING WORI<. 3. INTERIOR Yl!l'l>OW TYPE fA1 FRAMES ARE TO BE PAJNlEO SO AS TO MAT'M° 00.0R Of AOJACOH WALL @ ® WOOO-tNTERIOR HOl..LOW METAL DOOR SJGNAG E LOCA TIONS ft TYPE "D" SIGNAGE GE NERAL INTERIOR SIGN AGE NOTES 1. All CENERAL ROOM IOENTIACATION S1GNAG£ StVU BE SIGN Tl'PE "A" U.N.O. 2. AU. RESlROOM l>OHFICATION SIGNAGE SHAU BE SIGN T'tPE •e • U.N.O. 3. AU. DIRECTIONAL SIGN.A.GE SHAU. BE SIGN Tl'PE "f:' U.N.O. 4. PROVIDE ONE ROOM IDENTIFlCATION SIGN PER DOOR TO CORRIOOR. 5. EXIT SICNACE AT SECURHY DESK TO BE Tl'PE "D" 6. BAO<GROUNO ca.OR TO MATOi PM VERIFY CONTRAST r:,:- B,\CKGROUNO COLOR ANO TEXT MEETS TAS STAOOAROS 7. TEXT COC.OR TO li4ATC>i PT-2 B. REFIR TO 1/"5.01 fOR SICNAGE TWES. DOOR AND FRAME SCHEDU LE DOOR FRAME HARDWARE DOOR SZE DETAILS MARK TYPE MArL GLAZING TYPE MAT'l V.,Dll-1 X HEIGHT ll<K. HEAfl JAMB(H) JAMB(S) Sill_ SET NO. FlRST f'LOOR I>. 101 J-4 X 7 -0 (PAIR) 1 J 4 RES 1l.mlll uuruNG r-n.-..:.c. I WORK NA 102 J-4 X T-0 PAIR 1 J 4 RESTORED DURING PHASE I WORK N> 103 3·-4• x r-o· 1 J 4 RESTORED DURING PHASE I WORK N> 104 J'-4" x i-o· 1 J 4• RESTORED DURING PHASE I WORK NA 105 3'-4" X T-0 {PAIR} 1 J • RESTORED DURING PHASE I WORK NA 106 J'-4" x r-o· 1 J 4 01 "" -Fl "" J A6.02 1 A6 .02 1/A6.02 O.H t HW-1 107 3' -0" X 7' -0" 1 J 4" OJ "" -F4 H" 8 A6.02 10 A6.02 O.H 7 .t.6 .02 A HW--' 108 J'-0"' X 7'-Ci" 1 J 4• OJ "" -r4 H" 8 A6.02 6 AG.OJ 7/A6.02 A HW- 109 J'-0" X 7'-0" 1 J 4• OJ "" -F4 H" B AB .02 8 A6.0J '/A6.02 O.H. A HW-:, 110 J-0 X 7-0" 1 J 4" OJ "" -F4 H" 8 A6.02 8 AS.OJ 'IA6.02 0 .H. A HW-"\ 111 CASE OPENING ----FJ "" 2 A6.02 1 A6.02 1/AS.02 E - 112 J'-0" X 7'-0" 1 J 4" OJ "" -F4 HIA 8 A6 .02 11 A6 .02 7/A6.02 F HW-5 113 3' O" X 7'-0" 1 J 4• OJ "" -F4 H" 8 A6.02 11 A6 .02 7/A6.02 F HW-4 114 J'-4" x r-o· I J 4 " 01 "" -Fl "" 5 AS .OJ SIM. 4/A.6.0J SlliA. 4 AS.OJ SIM. A - 115 J '-4" X i-0" 1 J •• 01 "" -Fl "" J A6.02 4/A6.02 SIM. 1/A6.02 0.H 8 HW- 118 J' -o• X 7' -0" 1 J 4'" OJ "" -F4 HS 8 /A6.02 8/A6.0J 0 .H 7/A6.02 O.H. A HW-3 117 J' -o• X 7' -0" 1 J ..... OJ "" -F4 H" BIA6.02 6/A6.0J 7/A6.02 A HW-J < 118 J'-o· x 1'-0'" 1 3 4• OJ "" -F4 HS 8/A6.02 6/.A.6 .03 t7 /.A.6.02 O.H. A MW--"' 11 9 3'-o• X 7'-0'" 1 3 4" OJ "" -F4 H" 8/A6.02 7JA6.03 O.H 9 A6 .02 SIM . 0 HW-4 120 CASE OPENING ----F4 HS 12 A6.02 13/.A.6.02 13/A6.02 0 - 121 3'-o• X 1•-0• 1 3 4'" OJ "" -F4 H" 8 A6.02 10/A6.02 7 IA6.02 O.H. A HW-J 122 3'-0" X 7'-0'" 1 J 4• OJ "" -F4 HM 8 A6.02 B/A6.03 SIM. 7 /A6.02 O.H . A HW-J 123 CASE OPENING ----Fl "" 2 A6 .02 1/A6.02 1 A6 .02 E - 124 J'-0" X 7'-0" 1 3/4" OJ "" -F4 HM 8 A6.02 11/A6.02 7/A6.02 F HW-5 125 3'-4" X 7'-0" 1 J/4 01 "" -F1 "" J AB.02 4/A6.02 O.H 1 /A6.02 C "W- 126 J'-o· x 1'-0" 1 3 4" OJ "" -F4 H" 8 A6.02 11 A6.02 7 IAS.02 O.H. A MW-"' 127 J' -o• X 7' -0" 1 J 4" OJ WO -F4 H" 8 A6.02 9/A6.02 7 I A6.02 0 .H. A HW ., 128 J'-o• X 7'-0" 1 3/4" OJ WO -f4 HM 8 A6.02 11/A6.02 SIM . 7/A6.02 A HW-J SECOND FlOOR 201 J'--4" X 7'-o• 1 J 4 01 "" -F1 "" J AS .OJ 1/A6.0J 1/A6.03 O.H. C HW- 202 3•--4• X 7'-0'" 1 J -4• 01 "" -F1 "" J AS.OJ 1/A6,0J O.H. 1/A6.03 8 HW-1 203 J'--4'" X 7'-0" 1 J 4• 0 1 "" -Fl "" 3 A6.0 J 1 A6 .0J 1/A6.0J O.H. B HW-1 204 J' -4• X 7'-0" PAJR 1 J 4" 02 "" -F2 "" 3 A6.03 1 A6.03 -8 Hw .• , 205 3'-0" X 7'-0" 1 J 4" OJ "" -F4 H" 8 A6 .02 6 AS.OJ 7/A6.02 O.H A HW J 206 J'-o" x 1·-0· 1 3 4 OJ \\0 -F4 H" 8 A6 .02 6 A6 .03 7 Al5,02 A HW-J 207 J-4 X 7 -0 (PAIR} 1 J 4 02 "" -F2 "" 5 A6.03 -4-A6.03 -A - 208 -4'-0" X r o· OPN'G --"" FJ \\0 2 AS.OJ 1 AS.OJ 1 /A6.0J O.H . E - 209 J'-0'" X 7'-0" 1 J 4 OJ "" -F4 H" 8 A6 .02 7 A6.02 O.H 7 IAS.02 F MW--. 210 J' -o· x 7' -o· 1 J -4• OJ "" -F4 H" 8 A6 .02 7 /AS.OJ 7 JA6.02 0.H F I-IW-S 211 3'-o" X 7'-o· 1 J 4 OJ "" -F4 H" 8 .A.6.02 8 /A6.0J 7/A6.02 F HW- 212 J' -0" X 7' -0" 1 J 4 DJ "" -F4 H" 8 A6.02 7 /A6.02 O.H. 7/A6.02 F HW-4 213 J '-o• X 7'-0'" 1 J 4 OJ "" -F4 H" 8 A6.02 6 ... 6.03 7 A6 .02 O.H A HW-3 214 3'-0" X 7'-0" 1 J -4" OJ "" -F4 H" 8 A6.02 6 ... 6.03 7/A6.02 A HW-J Sct:IED!.11 E ttO:IES· (H)•HINGE SIDE (s) .. STRIKE SIDE ~ 1. DOOR TO BE nxEO SHUT 4. EXISTING DOORS COMPLET£D DURING PHASE I CONSTRUCTION 2. EXISTING WOOD FRAME TO BE RESTORED TO ORIGINAi.. 5. DOOR fRAME WOOO TRIM TO BE ON CORRIDOR SIDE QW.'l. CONDITION REPlACINC ANY fRAME MEMBER AS NECESSARY 6 Sill TIPES LOCATED ON ~HEET AA n"\ f1\ J. 000R FOR EGRESS USE ONLY Q . NO HARDWARE REQUIRED O FlXED DOOR , PAIR OF DOORS') r ~ METAL FRAME\-_r, F -1----""CW.BOARD - %(MET AL STOP, Pl.ACE ~ OFFlCE SIDE NOTES BY NUMBER " .. 1?. ,. 2.4 ---- ---,,, 1 5 7 -~ ----- ---- -- ----- " 1/1 I -------- MOAL AHQiOR, 2-PER JAMB DBL, 3'6" METAL STUD O JAMB 16 GA. HCUOW I 1' \WlOO \ Bl.OOONG !I" C\1'. BOARO -H----1 Jij" METAL STUDS I 16 CA. HOU.OW Tt I METAL FRAME ~ -1 t---31)6" METAL STUD 0 JAMB, BEYOND I\ ~ )l"Cl.£AR ~ (¢·,·'I 18 CA. HCU.~W I / MCTAl fRAM~~5/8":I' 0 16° o.c. --~+- X"a.£AR GLAS I I l 5 J/4" l CD ~~OW ,'"!~!"~-~ETAIL [\_ %"METAL STOP, PLACE ON OfFlCE ~OE A6.01 A6.01 "-Ji" GYP. BOARD I,.;;; t-++--IH---+--1 l 0 ~m I~ I~ I~ ~ g 2 5 ~ !, I<' :Y V>~ 1--· <(~ ~; Q u ~= ~ ~J &~---- - --··--. A6 .01 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 6 Renovate Guinn Elementary School, Phase II Request for Proposals Submittal Date: April 21, 2011 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. Attached is April 14, 2011 Walk-through Attendees List 2 . Add Komatsu Architecture Addendum No. 6 dated April 14 , 2011 3 . Add Specification Sections 15300 and 15440 4 . The following general contractor has expressed interest in submitting a proposal: Tegrity Contractors -Brad Gibson -brad@ tegrity-contractors.com Acknowledge the receipt of this Addendum No. 6 on your Proposal. GREG SIMMONS, PE ACTING DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By:--------- Ronald Clements . AIA RELEASE DATE: April 14, 2011 Proj ect Manager Facilities Management Division 817-392 -8014, FAX 817 -392-8488 Renovate Guinn Elementary School , Phase II Addendum No . 6 , April 14 , 2011 Page 1 of 1 ADDENDUM NO. SIX April 14, 2011 TO THE CONTRACT DOCUMENTS FOR: GUINN ELEMENTARY SCHOOL PHASE II FORT WORTH, TEXAS KAI PROJECT NO. 04.149A This Addendum forms a part of the Contract Documents and modifies the drawings and project manual dated December 8, 2011 as noted herein. Bidder shall acknowledge rece ipt of this addendum where indicated on the bid form; failure to do so may subject bidder to disqualification . REFER TO THE PROJECT MANUAL FOR THE FOLLOWING ITEMS: 1.01 SECTION 09680 -CARPET TILE A . 09680, 1: add new subsection 1.6 to read : "1.6 MAINTENANCE MATERIALS A. Extra materials: After carpet installation has been completed, deliver to the Owner replacement carpeting in quantities not less that 5% for each distinct carpet color , pattern, and type installed. Extra materials furnished must precisely match materials installed, must be wrapped in suitable manufacturer's packaging, and must be clearly labeled . " 1.02 SECTION 15010 -GENERAL REQUIREMENTS FOR MECHANICAL WORK A. 15010, 1.7,A : Delete "Procure all permits and licenses applicable for completion of this project and pay all lawful fees required and applicable pursuant in obtaining said permits and licenses. All required certificates of approvals and inspection by local governing and regulating authorities shall be obtained and paid for by the Contractor."; insert "Procure all permits and licenses applicable for completion of this project. All required certificates of approvals and inspections by local governing and regulating authorities shall be obtained by the Contractor. Refer to Specification Section 01010 , 1.3, A.1 for the waived fees by the City of Fort Worth. " 1.0x SECTION 15070 A. 15070, 3.7,A: delete this subsection in its entirety. 1.0x SECTION 15300 -FIRE PROTECTION SYSTEM A. Insert new specification Section 15300 -FIRE PROTECTION SYSTEM (PDF format) attached hereto. 1.0x SECTION 15400-PLUMBING A . 15400, 2.1, I -Insert: I. Urinal Handicapped (U-1 H) 1. Urinal Guinn Elementary School Building Phase II Fort Worth, Texas Addendum 6-1 KAI Job No. 2004.149A Addendum No . 6 April 14 , 2011 Issued for Proposals a. Manufacturer: American Standard Model Washbrook 1.0, Product 6501- 010. b. Other acceptable manufacturers offering equ ivalent products: 1) Kohler 2) Crane 3) Zurn c. ASME A112 .19 .2 ; vitreous china , wa ll mounted washout flush , integral trap , removable stainless steel stra i ner , 3/4 inch (19 mm) top spud , elongated (tapered) 14" rim from finished wall. 2. Exposed Flush Valve a. Manufacturer: Sloan Mode l Royal 186-1 . b. Other acceptable manufacturers offering equivalent products: 1) Zurn c. ASME A112.19 .6; exposed chrome plated , diaphragm type with oscillating handle , escutcheon , integral screwdriver stop and vacuum breaker; maximum 1.0 gallon (3 :8 L) flush volume. 3. Carrier a. Manufactured by J.R. Smith Model 0637 . b. Other acceptable manufacturers offering equivalent products: 1) Wade 2) Josam 3) Zurn c. Adjustable cast iron and steel frame , tubular legs, hanger and bearing plate lids for floor and wall attachment, threaded fixture studs with nuts and washers. d. Mount at height as dictated by the latest edition of Texas Accessibility Standards and Americans with Disabilities Act. Handle position to be on clear side of urinal. 1.0x SECTION 15400 -PLUMBING A. 15400, 2.2 .C , insert: C. Floor Drains (FD-1) 1. Galvanized cast iron two piece body with double drainage flange , weep holes, reversible clamping collar and round, adjustable nickel-bronze strainer and trap primer connection ; Model 3000-A as manufactured by Josam or equivalent. 1.0x SECTION 15440 -PLUMBING PUMPS A. Insert new Specification Section 15400 (PDF format) attached hereto. 1.0x SECTION 15800 -AIR DISTRIBUTION A . 15800, 2 .5, insert: 2.5 FIRE DAMPERS A. Provide UL approved and labeled fire dampers where shown on the drawings and required by NFPA 90A and all governing authorities . All fire dampers must comply with the requirements of UL-555 for static dampers , Leakage Class I or dynamic dampers Leakage Class I with pressure and velocity levels as dictated by the installation. Dampers shall be entirely out of the duct airstream . Provide breakaway duct connects as dictated by UL. B. Provide 165 deg . F fusible links for all fire dampers plus 10% extra quantity, to be Guinn Elementary School Building Phase II Addendum No . 6 Fort Worth, Texas Addendum 6-2 April 14 , 2011 KAI Job No . 2004 .149A Issued for Proposals furnished to the Owner. C. Downstream of all fire dampers in ducts handling velocities of 2000 FPM or greater, provide a combination access opening , viewing window, and vacuum relief panel equal to United Type AR-W . D. Provide dampers as manufactured by Ruskin , Greenheck, Air Balance , Inc., Nailor- Hart, or equivalent. 1.0x SECTION 15900 -CONTROLS AND INSTRUMENTATION A. 15900, 2 .1, A: delete " ... shall be the product of one manufacturer and shall be TAC, Entech, or Honeywell."; insert new text: " ... shall be the product of one manufacturer and shall be Alerton , Johnson Controls, or Tridium ." 1.0x SECTION 15900 -CONTROLS AND INSTRUMENTATION A. 15900, 2.2.E: delete "Provide electric actuators , linkage , and brackets ... "; insert new text: "Provide Belimo manufactured electric actuators , linkage, and brackets ... ". End of Addendum No . Six Guinn Elementary School Building Phase II Fort Worth, Texas Addendum 6-3 KAI Job No . 2004.149A Addendum No . 6 April 14, 2011 Issued for Proposals P.O. Box 466 • LENOIR CITY TN 37771-0466 • 877.668.DECK (3325) • FAX 865 .988 .3309 • .metaldecksupply.com AuRoRA, IL• Sr. UJS, MO· !NDIANAPOLJS, IN• l<ANsAs Orr, MO • Fr. WoKrH, TX• AN ANroNIO, TX KNOXVILLF./TN • GREENSBORO, NC• JACKSONVILIE, FL• CoLUMBUS, OH• B GHAM, AL .. ··-···· ... --· ---------·--.. ·--··--··----·· -·-· ~ ··-----------------.... -...... ·-...... ···---·--------------·--. --· .. . SECTION 15300 FIRE PROTECTION SYSTEM PART I -GENERAL 1.1 This is a "Performance Specification" subject to the code interpretations of the authority having jurisdiction (AHJ) as defined by the National Fire Protection Association NFPA Code 13. All final rulings by the AHJ regarding fire protection work on this project shall be mitigated by the contractor at no additional cost to the owner. 1.2 RELATED DOCUMENTS A. The General Provisions of the Contract, including General and Supplementary Conditions, apply to the Work specified in this Section. 1.3 RELATED WORK SPECIFIED ELSEWHERE A. All other Divisions of the Contract Documents including, but not limited to, Section 16721 Fire Alarm and Detection System. Refer to each Division's specifications and drawings for all requirements. 1.4 SCOPE A. Provide all equipment, materials, labor, supervision, and services necessary for , or incidental to, a complete and operational fire protection system for the building as specified, as indicated on the drawings , and as dictated by all authorities having jurisdiction. The drawings show the general arrangement of plumbing, air conditioning, piping, ductwork, and other apparatus . Coordinate this work with all other construction so that there shall be no conflict as to space required. B. Work Included: 1. Complete fire protection sprinkler system by modifying/adjusting the existing fire sprinkler system as applicable. 2. The requirement that the entire fire protection installation shall be as dictated by, and subject to, the approval of all approving authorities, governs the installation for this project. The drawings are diagrammatic in nature. Ancillary equipment and materials required by NFP A 13 as interpreted by the AHJ, and items required by the AHJ as a requirement of AHJ ordinances, policies, etc. are to be provided at no additional cost to the Owner above and beyond the bid provided. Guinn School-Phase II Fort Worth, TX CEI Project No . 84506 .06 15300-1 Plumbing Pumps April 14, 2011 Addendum No.6 3. Upon completion of the work, obtain from the approving authorities a certificate of approval or other standard approval and acceptance by said authorities. C. Provide all design, coordination, and approval of each system in order to assure compliance with the contract drawings and specifications, codes, and authorities having jurisdiction. Provide shop drawings, calculations, and other supporting evidence of this design to the proper reviewing agencies and to the Architect. The design must bear appropriate professional certification that the Designer has met the Quality Assurance requirements. Certification will be indicative that the Designer acknowledges and accepts full design responsibility. Follow the descriptions and limitations set forth in these specifications unless more stringent requirements are established by the reviewing agency. D. Submittals: Provide submittals per Section 15010, General Requirements for Mechanical Systems. 1.5 FIRE PROTECTION DESIGN CRITERIA A. Design sprinkler systems for the densities shown on the performance drawings. Base hydraulic calculations on simultaneous operation of heads in the designated area plus flows in the standpipes ( as applicable) in accordance with NFP A 13. 1.6 QUALITY ASSURANCE A. See specification Section 15010, paragraph 1.2. B. The Contractor must be licensed by the State of Texas to sell, install, and service the types of systems required by these specifications. Submit a copy of the license with the material submittals required in Section 15010. C. The designer of the fire protection systems must be a State of Texas Registered Fire Protection Engineer (RFPE) or be certified by the National Institute for Certification in Engineering Technologies (NICET) for Automatic Sprinkler System Design, Level III. Submit proof of qualifications with the listed submittals required by Section 15010. The installer must have on their staff a full-time Responsible Managing Employee (RME) licensed by the State Fire Marshall, to install and service fire protection systems. The RME assures that each fire protection system as installed meets the standards as provided by the applicable publications referenced herein and the requirements of these specifications. D. When requested, provide the Architect with manufacturer's certificate that materials meet or exceed minimum requirements as specified. E. All aspects of design, securing approval of design and construction, must be in Guinn School-Phase II Fort Worth , TX CEI Project No. 84506 .06 15300-2 Plumbing Pumps April 14 , 2011 Addendum No.6 accordance with the latest edition of the National Fire Protection Association Standards, including but not limited to NFPA -10, 13, 14, 20, 24, 72 , and 90, and conform in all respects to the rules and regulations of the Building Code and Fire Code of the City in which this project is located, all UL or Factory Mutual requirements (as applicable) and all other approving AHJ's . F. All materials and equipment provided under this section must be UL listed for fire protection system installation. G. Installation shall be in accordance with manufacturer's recommendations and Factory Mutual standards. PART 2 -PRODUCTS 2.1 PIPING A. Provide all sprinkler piping within the building per NFP A schedules with approved compatible fittings and valve connections. Join piping by welding and the use of grooved, flanged, or threaded joints and connections (as applicable). 2.2 SPRINKLER SYSTEM A. Verify existing sprinkler heads and provide new automatic sprinkler heads of proper temperature rating throughout the building as applicable. Where furred or finished ceilings occur, provide the piping above the ceilings with the sprinkler heads nippled through the ceiling and set in metal escutcheon plates. Where lay-in ceilings occur, center the sprinkler heads on each tile. Provide sprinkler heads, in general, as follows : Area Served Type Head Trim Fully finished area with gypsum board Fully concealed head with painted and lay-in ceilings cover (color by Architect) Semi-finished areas, kitchens, work Semi-recessed head with chrome areas, mailrooms, etc. and office escutcheon building lease spaces Non-finished areas cover Pendant heads, with cage cover where head is less than 7' AFF and in janitor closets. B. Verify existing Sprinkler Risers, Water Motor Gongs, Drains, and Piping System Valves for new work. Guinn School-Phase II Fort Worth , TX CEI Project No. 84506.06 15300-3 Plumbing Pumps April 14, 2011 Addendum No.6 C . Hangers: Provide hangers listed by the Underwriters' Laboratories for use in a sprinkler system as applicable for new modification. D. Sprinkler Cabinet: Verify existing sprinkler cabinet. PART 3 -EXECUTION 3 .1 SPRJNKLER PIPING A. Install per NFP A-13 and, insofar as possible, install all sprinkler system mains and branches as close as possible below structural concrete slabs or structural steel (as applicable). Avoid penetration of structural footings below grade. B. Coordinate all new piping for all systems with lighting fixtures, air conditioning ducts, piping, air handling units, and all other obstructions. 3 .2 HANGERS AND SLEEVES A. Install and space all new hangers in accordance with NFPA No . 13. B. Set sleeves for all new pipes passing through concrete floors and masonry walls. C. Provide fire proofing seal and chrome plated escutcheon plates at all new wall penetrations. 3.3 CONCEALED WORK A. Do not conceal any work until first inspected and approved by the AHJ. 3.4 TESTING A. Test all piping per NFP A-13 in the presence of the Owner's representative and other approving authority and prove tight. Correct unsatisfactory workmanship to the satisfaction of the above mentioned persons. Replace defective materials with new materials and remove the defective materials from the premises . B. Provide certificates to the Owner indicating all testing has been appropriately conducted for each fire protection system. Provide an acceptance from the AHJ that the system has passed all performance tests. Guinn School-Phase II Fort Worth, TX CEI Project No. 84506.06 END OF SECTION 15300-4 Plumbing Pumps April 14, 2011 Addendum No.6 PART 1 -GENERAL 1.1 RELATED DOCUMENTS SECTION 15440 PLUMBING PUMPS A. The General Provisions of the Contract, including General and Supplementary Conditions, apply to the Work specified in this Section. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. All other Divisions of the Contract Documents. Refer to each Division's specifications and drawings for all requirements. 1.3 SCOPE A. Provide all equipment, materials, labor, supervision, and services necessary for, or incidental to, a complete and operational installation of all pumps as indicated on the drawings and as specified. B. Work Included: 1. Sump pumps C. Submittals: Provide submittals per Section 15010, General Requirements for Mechanical Systems . 1.4 QUALITY ASSURANCE A. See specification Section 15010, paragraph 1.2. PART 2-PRODUCTS 2.1 SUMP PUMPS (SUBMERSIBLE) A. Sump pumps: submersible, screened, electric pumps of capacities, arrangements , horsepower, type, speed, and with accessories as scheduled or indicated . Provide factory tested pumps. B. Provide cast iron volute casing and motor enclosure. Provide non-clog, semi-open type impeller, keyed and locked to motor shaft with stainless steel fasteners. Guinn School-Phase II Fort Worth, TX CEI Project No. 84506 .06 15440-1 Plumbi ng Pumps April 14, 2011 Addendum No .6 C . Provide stainless steel motor shaft with mechanical seals. Install moisture sensing probes to detect moisture or outer seal failure. D. Operate duplex pumps by bulb-type level sensors designed for wet well applications. Provide a high water alarm with remote mounted alarm flashing light. The pump manufacturer furnishes magnetic starters, disconnect switches, HOA selector switches , and electric alternators all mounted in one enclosure for wall mounting. Provide enclosure with a single point for electrical connection. E . Provide sump cover and curb frame complete with manhole plate and sealed vent opening. Provide cover and frame suitable for mounting in concrete sump. G. Approved manufacturers: PACO , Weil, and Hydro-Matic. PART 3 -EXECUTION 3 .1 INSTALLATION A. Pumps: 1. Locate all pumps as shown or indicated on the drawings and installed as recommended by the manufacturer. 2 . Field check base mounted pump couplings for proper alignment prior to operation and rechecked following operation of approximately 48 hours . Align within pump manufacturer's tolerances. Guinn School-Phase II Fort Worth , TX CEI Project No . 84506 .06 END OF SECTION 15440-2 Plumbing Pumps April 14, 2011 Addendum No.6 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 5 Renovate Guinn Elementary School, Phase II Request for Proposals Submittal Date : April 21, 2011 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. Drawings defining additional site work scope including interior revisions and the addition of a French drain system around the basement and replacement of the existing sump pump in the basement. 2 . REMINDER , The bu i lding will be open to walk through and review the site conditions Thursday, April 14 , 2011 at 11 :30 A.M. Acknowledge the receipt of this Addendum No. 5 on your Proposal. GREG SIMMONS , PE ACTING DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By:--------- Ronald Clements. AIA RELEASE DATE : April 13, 2011 Project Manager Facilities Management Division 817-392 -8014 , FAX 817-392-8488 Renovate Guinn Elementary School, Phase II Addendum No . 5 , April 13, 2011 Page 1 of 1 ADDENDUM NO. FIVE April 13, 2011 TO THE CONTRACT DOCUMENTS FOR: GUINN ELEMENTARY SCHOOL PHASE II FORT WORTH, TEXAS KAI PROJECT NO. 04.149A This Addendum forms a part of the Contract Documents and modifies the drawings and project manual dated December 8, 2011 as noted herein. Bidder shall acknowledge receipt of this addendum where indicated on the bid form; failure to do so may subject bidder to disqualification . REFER TO THE PROJECT MANUAL FOR THE FOLLOWING ITEMS: 1.01 SECTION 01020 -ALLOWANCES A. Insert new specification section 01020 -ALLOWANCES (PDF format) attached hereto . 1.02 SECTION 12510-HORIZONTAL LOUVER BLINDS A. 12510, 1.1, A, 1: after the end of this clause add new text to read "Refer to attached drawing SKA 004 for locations of obscuring glazed windows." B. Insert new drawing SKA 004 (PDF format) attached hereto. 1.03 SECTION 16010 -GENERAL REQUIREMENTS FOR ELECTRICAL WORK A. 16010, 1.8,A: Delete "Purchase all necessary permits and licenses necessary for completion of the Work. Pay all lawful fees required and necessary pursuant in obtaining said permits and licenses. Required certificates of approvals and inspections by local governing and regulating authorities."; insert "Procure all permits and licenses applicable for completion of this project. All required cert ificates of approvals and inspections by local governing and regulating authorities shall be obtained by the Contractor. Refer to Specification Section 01010, 1.3, A.1 for the waived fees by the City of Fort Worth. " REFER TO THE PROJECT CONSTRUCTION DRAWINGS FOR THE FOLLOWING ITEMS: 2.01 DRAWINGS CS0 .00 COVER SHEET AND DRAWING INDEX A. Under Index to Drawings after E6.01 , add new sheet no. to read: "F2 .01 FIRE PROTECTION FLOOR PLAN ". B. Add new Drawing Index number M5 .01 -COMCHECK CERTIFICATE -MECHANICAL C. Add new Drawing Index number E602 -COMCHECK CERTIFICATE -ELECTRICAL 2.02 DRAWING CS1 .01 A. Under Project General Notes , delete note number three in its entirety. 2.03 DRAWING SKA 001 -Insert new French Drain Site Plan Drawing SKA001 (PDF format) attached hereto . Guinn Elementary School Building Phase II Fort Worth, Texas Addendum 5-1 KAI Job No. 2004 .149A Addendum No. 5 April 13, 2011 Issued for Proposals 2.04 DRAWING SKA 003 -Insert new Site/Utility Plan Drawing SKA 003 (PDF format) attached hereto. 2.05 DRAWING A0.01 A. Insert new Detail 2/A0.01 per SKA 002 (PDF format) attached hereto . 2.06 DRAWING A 1.01 4/13/11 A. Delete this drawing in its entirety; insert new revised Drawing A 1.01 (PDF format) attached hereto . 2.07 DRAWING SKA 004 -Insert new Window Glazing Designation Plans per SKA 004 (PDF format) attached hereto . 2.08 DRAWING A5.01 A. On Room Finish/Color Legend: under Vinyl Composition Tile , delete VCT-2 "52132 'Dusty Khaki'; insert new VCT-2 to read "52168 'Golden Fossil'". 2.09 DRAWING A5.02 A. Delete this drawi ng in its entirety; insert new rev ised Drawing A5 .02 (PDF format) attached hereto. 2.10 DRAWING A6 .01 A. Under Door Mark 106 , delete Sill Type E; insert new Sill Type B. B. Under Door Mark 111 , delete Sill Type E; insert new Sill Type G . C. Under Door Mark 123, delete Sill Type E; insert new Sill Type G. D. Under Door Mark 208, delete Sill Type E; insert new Sill Type G. 2.11 DRAWING A6.03 A. Insert new Sill Type "G" per SKA 005 (PDF format) attached hereto . 2.12 DRAWING M2.01 A. Delete this drawing in its entirety; insert new revised Drawing M2.01 (PDF format) attached hereto . 2 .13 DRAWING M2 .02 A. Delete this drawing in its entirety; insert new revised Drawi ng M2.02 (PDF format) attached hereto. 2.13 DRAWING M5.01 A. Insert new drawing sheet M5 .01 -COMCHECK CERTIFICATE -MECHANICAL (PDF format) attached hereto. 2 .14 DRAWING P2.01 A. Delete this drawing in its entirety; insert new rev ised Drawing P2 .01 (PDF format) attached hereto . Guinn Elementary School Building Phase II Fort Worth , Texas Addendum 5-2 KAI Job No . 2004.149A Addendum No. 5 April 13 , 2011 Issued for Proposals 2.15 DRAWING P3 .01 A. Delete this drawing in its entirety; insert new revised Drawing P3.01 (PDF format) attached hereto . 2.16 DRAWING E201 A. Delete this drawing in its entirety ; insert new revised Drawing E201 (PDF fo~M~t)1 attached hereto . 2 .16 DRAWING E202 A. Delete this drawing in its entirety; insert new revised Drawing E202 (PDF format) attached hereto . 2.17 DRAWING E301 A. Delete this drawing in its entirety; insert new revised Drawing E301 (PDF format) attached hereto. 2.17 DRAWING E601 A. Delete this drawing in its entirety; insert new revised Drawing E601 (PDF format) attached hereto. 2.18 DRAWING E602 A. Insert new drawing sheet E602 -COMCHECK CERTIFICATE-ELECTRICAL (PDF format) attached hereto . 2.19 DRAWING F2 .01 A. Insert new drawing F2.01 (PDF format) attached hereto. End of Addendum No. Five Guinn Elementary School Building Phase II Fort Worth, Texas Addendum 5-3 KAI Job No. 2004 .149A Addendum No . 5 April 13, 2011 Issued for Proposals PART 1 -GENERAL 1.1 RELATED DOCUMENTS SECTION 01020 ALLOWANCES A. Drawings and general provisions of the Contract , including General and Supplementary Conditions and other Division 1 Specification Sections , apply to this Section . 1.2 SUMMARY A. This Section includes administrative and procedural requirements governing allowances . 1. Certain materials and equipment are specified i n the Contract Documents by allowances . In some cases, these allowances include installation . Allowances have been established in lieu of add itional requirements and to defer selection of actual materials and equipment to a later date when additional infonnation is ava ilable for evaluation . If necessary , additional requirements will be issued by Change Order. B. Types of allowances include the following : 1. Lump-sum allowances. B. Related Sections include the following : 1. Division 1 Section "Gene ral Conditions" for procedures for submitting and handling Change Orders . 1.3 SELECTION AND PURCHASE A. At the earliest practical date after award of the Contract, advise Architect of the date when final selection and purchase of each product or system described by an allowance must be completed to avoid delaying the Work. B. At Architect's request , obtain proposals for each allowance for use in making final selections . Include recommendations that are relevant to perfonning the Work. C. Purchase products and systems selected by Architect from the designated supplier . 1.4 SUBMITIALS A. Submit proposals for purchase of products or systems included in allowances , i n the fonn specified for Change Orders. B. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance. Guinn School Building Phase II Fort Worth , TX KAI Job No. 2004.149A 01020-1 Allowances 13 April 2011 Addendum No . 5 1.5 CONTINGENCY ALLOWANCES A. Use the contingency allowance only as directed by Architect for Owner's purposes and only by Change Orders that indicate amounts to be charged to t he allowance. B. Change Orders authoriz i ng use of funds from the cont ingency allowance wi ll include CM/subcontractor's related costs and reasonable overhead and profit marg i ns. C. At Project closeout , credit unused amounts remain ing in the cont ingency allowance to Owner by Change Order. 1.6 UNUSED MATERIALS A. Return unused materials purchased under an allowance to manufacturer or supplier for credit to Owner, after installation has been completed and accepted . 1. If requested by Architect, prepare unused material for storage by Owner when it is not economically practical to return the material for credit. If directed by Architect, deliver · unused material to Owner's storage space. Otherwise , di sposal of unused material is Contractor's responsibility. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 EXAMINATION A. Examine products covered by an allowance promptly on delivery for damage or defects. Return damaged or defective products to manufacturer for replacement. 3.2 PREPARATION A. Coord i nate materials and their installation for each allowance with related materials and installations to ensure that each allowance item is completely integrated and interfaced with related work . PART 4-SCHEDULE OF ALLOWANCES 4.1 .1 Allowance No. 1 -New single sump pump and associated electrical wiring (not including conduits) Five thousand and no/100 $ 5,000.00 END OF SECTION 01020 -ALLOWANCES Guinn School Building Phase II Fort Worth , TX KAI Job No . 2004.149A 01020-2 Allowances 13 April 2011 Addendum No . 5 CO M check Software Ve r sion 3 .8 .0 Interior Lighting Complia nce Certificate 2003 IECC Section 1: Project Information Project Type: Addition Project Title : GU INN SCHOOL -PHASE II Constructi o n Si te : Owner/Agent: 1120 SOUTH FREEWAY FORT WORTH, TX 76102 City of Fort Worth Fort Worth , TX Section 2 : Interior Lighting and Power Calculation A Enti re B uilding [Office) Section 3: Interior Lighting Fixture Schedule A Fixture ID : Description I Lamp/ Wattage Per Lamp/ Ballast Entire Build ing ( Office 10295 sq.ft.) Compact Fluorescent 3 : J : Twin T ube 24/26/27W / Electronic Compact Fluorescent 2 : G: Triple 4-pin 32W / Electronic Linear Fluo rescent 3 : F: 48" TB 32W / Electro nic Li near Fluorescent 2 : C : 48" TB 32W I Electronic Compact Fluorescent 1: B : T riple 4-pin 26W / Electro ni c Li near Fluore scent 1: A : 48" TB 32W / Electronic Section 4: Requirements Checklist }ighting Wattage: ·a{_ 1. Total p roposed watts must be less than or eq ual to total allowed watts . L, Allowed Watts 10295 Proposed Watts 10202 ~-Exit signs 5 Watts or less per si gn . Exterior Lighting: ~-Effi cacy g reater tha n 45 lumens/W. Exception s: Complies YES Designer/Contractor : KEN SHAPPLEY CAMPOS ENGINEERING , INC . 7430 GREENVILLE AVE . DALLAS , TX 75231 2 14·696 -6291 kshappley@camposengineerin g .com B Floor Area C Allowed Watts I ft2 D Allowed Watts 102 95 10295 Total A llowed Watts = 10295 B C D E Lamps/ # of Fixture (CXD) Fixture Fixtures Watt. 4 11 104 1144 1 45 36 1620 2 12 64 768 2 12 64 768 1 14 28 392 3 58 95 55 10 Total Proposed Watts= 10202 O Specialized lighting hi gh lighting features of historic build i ngs; signage; safety or security lightin g; low-voltage landscape lighting . Controls, Switch ing, and Wiring: ····----·-·--·-··--·-····-----····-·· .. ···········--·--·--·-·-----·--·-··--·------ Proj ect Title: Report da l e: Data file name : Page 1 of '°9 . Independent controls for each space (switch/occupancy sensor). Exceptions: O Areas designated as security or emergency areas that must be conti nuously illuminated. 0 Lighting in stairways or corr id ors that are el ements of the mean s of egress . Master switch at entry to hotel/mole! guest room . Individual dwelli ng un its separately metered . Each space provided with a manual control to provide uniform light reduction by at least 50 percent. Exceptions: O O nly one luminaire in space. ~ An occupant-sensin g device contro ls the area. O The are a is a corridor. storeroom, restroom, public lobby or guest room. O Areas that use less than 0 .6 Watts/sq .ft . Automatic lighting sh utoff control in buildings larger than 5 ,000 sq .ft . Exceptions: 0 Areas with only one luminaire, corridors , slorerooms, restrooms. or public lobbies . Photocell/astronomical time switch on exterior lights. Exceptions: O Lighting intended for 24 hour use. ~ 10.Tandem wired one-lamp and three-lamp ballasted luminaires (No single-lamp ballasts). Exceptions: O Electronic high-frequency ballasts; Luminaires on emergency circuits or with no avail able pair. J,lterior:Lighting PASSES: Design 1% better than code . Section 5: Compliance Statement Compliance Statement: The proposed lighting design represented in this document is consistent with the build ing plans, specifications and other calculations submitted with this permit application . The proposed lighting s~em has been designed to meet the 2003 IECC, Chapter 8 , requirements in COM check Version 3 .8 .0 and to comply with the mand"uJrements in t e irements Checklist. (~c,"'/ Pf orJf PE -fl~~;ct..\ S1§c·r1 ~~r / /~ ,,/ 1f -I 1-1( Name -Title ) Si t re ~ Date ·-----------------·---------·--·------·-·--·--- Project Title: Report date : Data filename : Page 2 of COMcheck Software Version 3.8 .0 Interior Lighting Compliance Certificate 2003 IECC Section 1: Project Information Project Type: Addition Project Title : GU INN SCHOOL -PHASE II Constructi on Site : Owne r/Agent: 1120 SOUTH FREEWAY FORT WORTH , TX 76 102 City of Fort Worth Fort Worth , TX Section 2: Interior Lighting and Power Calculation A En tire Building (Office) Section 3: Interior Lighting Fixture Schedule A Fixture ID : Description I lamp/ Wattage Per lamp/ Ballast Entire Buil ding ( Office 10295 sq .ft.) Compact Flu orescent 3 : J : Twin Tube 24126127W / Electronic Compact Fluorescent 2 : G : Tri ple 4-pin 32W / Electronic Linear Fluorescent 3: F : 4 B" TB 32W / Electronic Linear Fluorescent 2 : C : 48" TB 32W / Electronic Compact Fluorescent 1: B : Triple 4-pin 26W / Electronic Linear Fluorescent 1: A : 48" TB 32W I Electronic Section 4: Requirements Checklist ,{-ighting Wattage: . I 13 1. Total proposed watts must be less than or equal lo tota l allowed watts. L' Allowed Watts Proposed Watts 10295 10202 t2... Exi t signs 5 Watts or less per sign. Exterior Lighting: ~-Efficacy greater than 45 lumens/W. Exceptions: Complies YES Designer/Contractor: KE N SHAPPLEY CAMPOS ENGINEERIN G , INC . 7430 GREENVILLE AVE. DALLAS, TX 75231 214-696-6291 kshappley@camposengineering .com B Floor Area C Allowed Watts I ft2 D Allowed Watts 10295 10295 Total Allowed Watts= 10295 B C D E Lamps/ #of Fixture (CXD) Fixture Fixtures Watt. 4 11 104 1144 45 36 1620 2 12 64 768 2 12 64 768 1 14 28 392 3 SB 95 5510 Total Proposed Watts = 10202 D Specialized lighting highlighting fe atures of historic buildings; signage; safety or security lighting; low-voltage landscape lighting . Controls , Switching, and Wiring: ...... _____ .. ______ ,, ____ ,, ____ ,,._,, ___ , .. ,_ .. _ ... _____ .. __________ ... _ .... ___________ . Proj ect T itl e: Report date: Data filename: Page 1 of ~9. Ind ependent controls for each space (switch/occupa ncy se nso r ). Exceptions: 0 Areas designated as security or emergency are as that must be conti nuo usly ill umin ated . 0 Lig hti ng in sta irways or corridors that are elements of the mean s of egress . Master switch at entry to hotel/mo tel gue st room . Individual dwe llin g uni ts separate ly metered . Ea ch space pro vided with a manual con trol to provide un iform li ght reduction by at least 50 percent. Exceptions: O O nl y one luminaire in space. ~ An occupant-sensin g device contro ls the area . O The area i s a corridor, storeroom , restroom , public lobby or guest room . O Areas that use less than 0 .6 Watts/sq .ft . Automatic lighting shutoff control in bu ildings larger than 5 ,000 sq .ft . Exceptions: D A reas with only one lumin aire. corridors , storerooms , restrooms , or public lobbies. Photocel l/astronomical time switch on exterior lights. Ex ceptions: O Lighting intended for 24 hour use. ~ 1 O. Tandem wired one-lamp and three-lamp ballasted luminai res (No single-lamp ballasts). Exceptions: D Electronic high-frequency ballasts; Luminalres on emergency circuits or with no available pair. Interior Lighting PASSES Design 1 % better than code . Section 5: Compliance Statement Compliance Statement: The proposed lighting design represented i n this document is consistent with lhe building pla n s, specifications and other ca lculations submitted with this permit application . The proposed lighting s~em has been designed to meet the 2003 IECC, Chapter 8, requ ireme nts in COMcheck Version 3.8.0 and to comply with the mand"wrements ; e irements Checklist. (~oc-y' P/a "l f-\=> E -fl~~:cr..1 S1 g/o1.1c-1_, / /~ / Lf -I/-/{ Name -Title / Si re ~ Date -------------·-----------------------·-· Project Title : Report date : Data filename : Page 2 of I'-• LEGEND ~ ORIGINAL LOAD BEARING MASONRY WAU c=:=) NEW PARTITION 9'-5 ,;,· 7'-8· ·-o n~0· w~0· ' 12'-J 1/2" I I I I t I ~ I ~ I ~ 1- 1! I N I @ 1 I / 10. PR0\10E CO,IENTITIOUS BOARD IN LIEU Of G'YP. BOARD AT AU WET SIDE WAU. LOCATIONS. REf£R TO Al.OJ GENERAL NOTES. 11 . CONTRACTOR TO PROVIDE CO'.£R TO lHE EXISTING CONCRE1£ COORIOOR nOOR DURING CONSTRUCTION SO AS TO NOT DAMAGE EXISTING SURF ACE. .. -:·• .-. a-;-:-:. e• ,,. GRAPHIC SCALE: 1/<t " -1'-0 " NOTES BY SYMBOL '0 ' I . EXISTING MASONRY WALL Yt1TH NEW Pl.ASTER SYSTEM . MAX. nflCkNESS Of SYSTEM TO BE >r. 2. O'WNER FURNISHED FILING SYSTEMS J . C'l'P. BOARD WAU.. /Nfll BOflNO EXlSTING DOM 'MTH 3• SOUND BA TIS. l)S:°' FURRING OiANNEl 1MTH f'-1--+-+-l-+-l ONE (1) LAYER Of CW. BOARD AT OfflCE SID£ 4 . RECESSED INFllL Of TWO (2) J~· UE,TAL STUDS AND G'YP . BOARD ON OUTER FACES PR0\1DING A TOTAL flNISHED 'MOTH OF ax•. WAU.. FlNISHES TO UATOI ADJAC(NT FINISHES. ALSO PR0\1DE WOOD BLOCKING FOR t.lOONTINC Of DIRECTORY. 5. PROWlE FOOR (4) 14" DP x 4'." THK x 'MOTH Of ROOM SHEL\1NC IN STORAGE 112 AND TWO (2) 14"0P.~" THK .x 4S-LONG SHEL\B IN JANITOR 110. PLASTIC LAMINATE FlNISHES. PROVl0£ K&V MODEL B7SS STANDARDS ANO 186SS BRACKETS (OR EQUAL)AT EAOi LOCATION . g i< 6. STAINED WOOD BASE CABINET WITH SOLID SURFACE ,C,,-+-+-l>-+-< COUNTERTOP-REFER TO DETAIL 9/AS.OJ 7. WATER COOl.£RS, REFER TO PLUMBING SHEET PJ.01 .. 6. EXISTING STAIR TO BE REPAIRED~STORED .... ~...,.~~-i 9. EXISTING TWO STOP, Hot..El.ESS H'TDRAUUC ElEVATOR (PHASE I DESIGN) 10. EXISTING RONFORCED CMU ElEVATOR HllSTWAY (PHASE I DESIQ4) 11 . BENCHES/\<SITM Sl'A Tt<G (N.I.C.) 12. SECURtTY STATION, SEE DETAILS ON SHEET AS.07 13. G'YP. BOARD PAINT£0 FINISH O'vER 1>5:• METAL FURRIN G OiANNEl.S 14. EXJT SIGNAGE. REFER TD SHEET A5.0I TIPE 0 D• 15. FIRE EXTINGUISHER CABINET, REFIR TO SPEC. 10522 16. ~All MOUNT£0 ARE EXTINGUISHER W/ BRf,CKET 17. REPLACE EXISTING STAIR NOSING WITH RETROflT NOSING, MOOEL RS-4051...-Pl BY BALCO, WC. OR [QUA!. 18. j4"xl6" D1RECTORY/BUU£TIN CABINET SIMILAR TO ~OOEL f HSF\f" BY a...ARIOGE. 19. tLECTRONtC KE'YPAO ENTRY FOR OOOR 127 20, :W,AU.. TO BE LOCAT£0 AS SHO'MII, HO'WE\t'.R, AO.JJST AS NEED£0 TO NOT CONFLICT 'MTH EXISTING YIINO'OW lRJM 21 . BRICK WINDOW STOO.. ct.EAN ANO RE-P OINT ANY MISSING MORTAR J<XNTS, ·TYPICAL 22. EXISTING (HATOIED) AREA TO RECEIVE CONCRETE INFllL PRODUCT. APPROXI MA l[ DEPTH IS 3•. GENERAL NOTES 1. REFIR TO SHEET CSl .01 FOR SYMBOLS LEGEND, UST Of ABBREVIATIONS & PRO.ECT GENERAL NOTES. 2. NOTES BY SYMBOi.. ARE SHEET SPECIFlC 5. DIMENSIONS ARE FROM sruo TO STUD OR FACE OF MASONRY UNLESS NOTED OTHERWISE. WITH RESPECT TO ACTUAL flELD CONDtTIONS, All .~~ 7. ANY COOFUCT5 Yt11H PROPOSED PHASE II WORK ANO EXISTING PHASE I WORK ARE TO BE BROUGHT TO THE AffiNTION Of" lHE AROilTECT. 8. SPECIAL ATTENTION SHALL BE Glly{N TO EXISTING Yt1NDOWS ANO WOOO TRIM TO ENSURE AGAINST ANY DAMAGES DURING PH ASE II CONSTRUCTION. ANY DAMAGES 'MLL BE THE RESPONSIBILITY Of THE CONTRACTOR TO REPAIR AT NO COST TO THE O'i\t,IER . 9. CONTROL JOINTS FOR GYP. BOARD AND PLASTER WALL /CEILING APPLICATIONS ARE TO BE LOCATID 1N ACCORDANCE WITH SPEC SECTIONS 09255 FOR PLASTER AND 09265 FOR GYPSUM BOARD . -.µ,.,...-""'·--·---- A1 .01 Al.01 MEN 121-ENLARGEO PLAN SCALE: 1/4 .. • 1·-0· A5.02 • M..l ANISHED oo,,OISIONS ED TYPI CAL STD . STALL NOT TO SCALE AS.02 A5 .02 ffi TYPICAL H /C STALL NOT TO SCALE A5.02 A5.02 2 ... ,.o, BREAKROOM [m:J 6/A5.04 .._.. ':'c~EN 11~~:-,~-~~RGED PLAN ffi A5.02 Al .02 3 ~~' 2~j.-~ ~~~EN 210-ENLARGEO PLANS~ AS.02 NOTES BY SYMBOL -0 " 1. O'IIIWER FURN1SHED/OWN£R INSTAU...ED REfRtGERATOR Jo·w )( 30•0 X 69.H. COOROINA lE REQUIRED OPENtlC Sl2E WITH ~ER PRIOR TO CONSTRUCTION, PR0\-\0£ IC£ MAKER WATER LINE PER MECHANICAL DRA'MNCS 2. :SO"XJO" T"8L£ W/ (2} a-tAIRS-0-..et nJRNISHED/O~ER INSTALL.ED. 3. l,,{NQINC MAOilNES-N.1.C. 4. DASHED LINES INDICATE THE SURFACE CF TH£ F1Nlst£D WALL AU DIMENSIONING SHO~ tN TOllfl AREAS 106, 112, 209 & 210 ARE TO lHE FlNtSHEO SURFACE. OIMENSIOH1NG SHO""' IN 11-IE BREAKROOM AREA HOYl{\O: ARE SHO~ TO STUD. 5, 48• 'NOE x 43• HIGH WAINSCOT BAO<ING. REFER TO •REMARKS BY NU UBER• No. 7 ON SHEET A5.01 6. EXISTING MOP SINK TO REMAIN, 1NSTALL.£D DURING PHASE I CONSlRUCllON GENERAL NOTES 1. RU£R TO SHED CS1.01 FOR SYMBOLS LEGEND AND UST Of ABBRE\,\Al10NS 2, NOTES BY SYMBOl ARE SHEET SPECAC 3. DIMENSIONS ARE TAKEN FROM FI NI SHED FLOOR, COUNC OR WALL U.N.O. 4. TiiESE DRAYII NCS IL.lUSTRATE niE GENERAL CONOCllOHS Of ll-lE OJSTING BUILDtlG. THE CONTRACTOR SHALL AElO \£RIFY THE LOCATIONS, ASSOIBLY TWES ANO DIMENSIONS Of ALL EXISTING BUILDING CONSTRUCTION PRIOR TO BEGINNING WORK. 5. R:Ef[R TO SHEETS A1 .01 a: Al .02 fOR O\o£RALL fl.OOR PLANS 8. REFER TO SHE£T A.5.01 fOR ROOM FINISH/COLOR SQiEDULE 7 . REFER TO SHE!T A6.01 FOR DOOR SOiEDULE 8. REFER TO SHE£T A7.01 & A7.02 FOR Rm.£CTID CEil.iNG PLANS Q. DIMENSl~S INOICATEO ARE FOR 810 PURPOSES ONLY. flElD '-l{RIFY DIMENstONS PRIOR TO FABRICATION Of MIUWORK 10. PR0v1D£ CEMENTITIOUS BOARD 1H LIEU Of GYP. BOARD AT ALL 'ET SIDE WALL LOCA OONS. REFER TO Al.OJ GENERAL NOTES. 11. AU EXPOSED PlPING AT WAU.. MOUNIB> LAVA.TORIES ARE TO BE INSUlAl[D TOILET ACCESSOR Y & FI XTURE LEGEND WAU HONG WAT[R WA.ll HUNC WATER a.OSET-CCNTER ~ Q.OSET HAHOICAP STALi UNLESS ACCESSIBI..£ OTHfR'IW INDI::. ~ ~ URINAL HANDICAP ACCESSIBLE ft'b-... ----- .!, 0 GRAB BAR l-SHAPE £ 0, 0000 Q GARMDH HOOK H.C. MOUNl TO TOl.ET ROOM SIDE Of' DOOR MIRROR SANITARY ·-DISPOSAL ~ H-LO El.£CTRIC WATER COOLER HANDICAP ACCES5aBLE Y SPOUT TO DRIP INTO LAV. 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CCNlCR HEADS IN C(IUNO TILES (2 OLR[Cll0NS) FIRE PROTECTION LEGEND ~COY[RAC(; ~COVCRAGC: W£TPIPC UGl1T HAlARO wETPIPE ORO INo\RY HA2AJID THIS IS A PERFORMANCE DESIGN F2.01 ~----------------------------------------------------------------------------------------rr--.r,--r--r,1- 1224SAD 400 cn.1 (TYP 3) LINE Of CHASE OPEN TO COUNG CA"1lY .a.12 WJTH J6XJO OP[N TOP "' 2b12RAG MOUNT AND C£NTt:R JN VERTICAi.... (lYP) PAINT TO MATCH CYP. 80. ~~1;.~c-ii"i#t-:H-1 122 4SAO JJO CFM I "' RISE INTO JOIST SPACE 2 4:.c2 4 OP[H TOP M2 .02 SE COND FLOO R HVAC PLA N SCA LE • 3/16 " • " l '-0" M2.02 BO . CLG. 10 24SAO 1224SAO 260 CFM 4-00 Cf\l ( GENERAL NOTES: I. Rtf'(lt TO SliECl MP0.01 FOR S'l'M80L.$ l£COIO N«l UST Of" A88REVIAJlONS, 2. NOTES f1'f SYM80L AA£ ~[T SPt:CU'JC, l. AU. ROOF TOP UNITS ARE OCISTDfG [XC£Pf (AMU-1) NC> TO 8C RE-USED lH lHIS PROJ(CJ. nno--YCl'llfY [XAC'I" CONOffiOH5 0/F EACH ROOF TOP UtUT IIUORE COHSTRUC110H. 5. PfllMOE MEW CONNECTIOM CE EXJSTlHG ATIACH DUCTS Of' OOSTit+O ROOFTOP l#<IITS. &. REfERTOARCMlll"CTUIU,LF"OA WASOtMV WALL POIORA.TlOHS. I. AO.KM: ,nu-, NC> TURH O',l(R TO ClfMtEJI INCLUOC CURS. WIIUHG COHHCCOOHS AND DUClWOltlC. COHT'RACTOR StWJ.. LCW> THC UNn 1'HO AU. JrCCCSSOfUES OHTO THC CITY-PRCMOEO TIVJLER OR TRUCK ON SITE TO ACCCPt AT lJWC OF CIW« PICKUP. COOADlNATt W0H CITY lN 11:NIHCE. roR EXICT 11ME 0£ CfW€ PIQWP. PRWlOC FOR JICPAIAS TO ROOF AT ClM& RCWCN'Al.. 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R-5 supply and return air duct insulation in unconditioned spaces R-8 supply and return air duct insulation outside the building R-8 insulation between ducts and the building exterior when ducts are part of a building assembly O Exception: Ducts located within equipment O Exception : Ducts with interior and exterior temperature difference not exceeding 15°F. 0 9. Ducts sealed -longitudinal seams on rigid ducts; transverse seams on all ducts ; UL 181 A or 181 B tapes and mastics O Exception : Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w .g. pressure classification 0 10. Mechanical fasteners and sealants used to connect ducts and air distribution equipment 0 11 .Hot water pipe insulation: 1 in. for pipes <=1.5 in. and 2 in. for pipes >1.5 in. Chilled water/refrigeranVbrine pipe insulation: 1 in . for pipes <=1 .5 in. and 1.5 in . for pipes >1 .5 in . Steam pipe insulation: 1.5 in. for pipes <=1.5 in. and 3 in. for pipes >1 .5 in. O Exception: Piping within HVAC equipment. O Exception : Fluid temperatures between 55 and 105°F. O Exception: Fluid not heated or cooled with renewable energy. O Exception : Runouts <4 ft in length . 0 12.0peration and maintenance manual provided to building owner 0 13.Balancing devices provided in accordance with IMC 603.15 0 14.Newly purchased service water heating equipment meets the efficiency requirements 0 15 . Water heater temperature controls: 110°F for dwelling units or 90°F for other occupancies 0 16 .Thermostatic controls have 5°F deadband O Exception : Thermostats requiring manual changeover between heating and cooling O Exception : Special occupancy or special applications where wide temperature ranges are not acceptable and are approved by the authority having jurisdiction . Section 5: Compliance Statement Compliance Statement: The proposed mechanical design represented in this document is consistent with the building plans , specifications and other calculations submitted with this permit application . The proposed mechanical systems have been designed to meet the 2003 IECC requirements in COMcheckVersion 3.8 .1 and to comply with the mandatory requirements in the Requirements Checklist. Name -Title Signature Project Title: GUINN SCHOOL -PHASE 11 Data filename: L:\84506 .06 GUINN SCHOOL FINISH-OUT\CONSTRUCTION\Guinn PH2-Changes w2003 .cck Date Report date: 04/13/11 Page 2 of 4 - Exception : Continuously welded and locki ng-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w .g. pressure classification. 10. Mechan ica l fasteners and sea ls , mastics , or gaskets must be used when connecting ducts to fans and other air distribution equipment, including multiple-zone terminal units . 11. All pipes se rving space -conditioning systems must be insulated as follows : Hot water piping for heating systems: 1 in . for pipes <=1 1/2-in . nominal diameter, 2 in . for pipes >1 1/2-in . nominal diameter. Chilled water, refrigerant , and brine piping systems : 1 in. insulation for pipes <=1 1/2-in. nominal diameter, 1 1/2 in. insulation for pipes >1 1/2-in. nominal diameter. Steam piping: 1 1/2 in . insulation for pipes <=1 1/2-in . nominal diameter, 3 in . insulation for pipes >1 1/2-i n . nominal diameter. Exception: Pipe insulation is not required for factory-installed piping within HVAC equipment. Exception : Pipe insulation is not required for piping that conveys fluids having a design operating temperature range between 55°F and 105 °F . Exception : Pipe insulation is not required for piping that conveys fluids that have not been heated or cooled through the use of fossil fuels or electric power. Exception : Pipe insulation is not required for runout piping not exceeding 4 ft in length and 1 in. in diameter between the control valve and HVAC coil. 12 . Operation and maintenance documentation must be provided to the owner that includes at least the following information : a) equipment capacity (input and output) and required maintenance actions b) equipment operation and maintenance manuals c) HVAC system control maintenance and calibration information , including wiring diagrams, schematics , and control sequence descriptions ; desired or field-determined set points must be permanently recorded on control drawings, at control devices, or, for digital control systems , in programming comments d) complete narrative of how each system is intended to operate . 13. Each supply air outlet or diffuser and each zone terminal device (such as VAV or mixing box) must have its own balancing device . Acceptable balancing devices include adjustable dampers located within the ductwork, terminal devices , and supply air diffusers . 14 . Service water heating equipment must meet minimum Federal efficiency requirements included in the National Appliance Energy Conservation Act and the Energy Policy Act of 1992, which meet or exceed ASHRAE 90.1 Code . New service water heating equipment can be assumed to meet these requirements . 15. Water-heating equipment must be provided with controls that allow the user to set the water temperature to 110°F for dwelling units and 90 °F for other occupancies . Controls must limit output temperatures of lavatories in public facility restrooms to 110°F . 16 . Thermostats controlling both heating and cooling must be capable of maintaining a 5°F dead band (a range of temperature where no heating or cooling is provided). Exception : Deadband capability is not required if the thermostat does not have automatic changeover capability between heating and cooling . Exception : Special occupancy or special applications where wide temperature ranges are not acceptable and are approved by the authority having jurisdiction . Project Title: GUINN SCHOOL -PHASE 11 Data filename : L :\84506 .06 GUINN SCHOOL FINISH-OUT\CONSTRUCTION\Guinn PH2-Changes w2003 .cck Report date : 04/13/11 Page 4 of 4 OCSIGNA.TIOH SP-3 • 4 TI'PC SIJBMERSlll.E SUMP PllliP TOTAL ~ (f[CT) 20 f[[l (EACH) nDlff RAT( CPM 20 CPU (CJCH) filCTRICAL CHAAAC. 120 V/ !PH. WOTOR H.P. 1/2 HP (tACH) SIMI.AR TO H'l"OROW.TIC OSP50 1/2" TRAP PRIWER UHE: ~-:."=~·11· BELOW fLOOR SLA8 SCHEDULE DUPLEX SUMP PUMP DETAIL l-l(H) SCALE:NONE n!CTRIC WATEII COOlDI SP-< SP-2 -- Sl.lPPO'tl~CONWM.1.0fl COL.UWNWTH CRINN£U.Fl0. 131A: 'MTH flG. 12&R fl.ANGE ~ THREADED ROO OR CR-.MELL flG. 103 PIP£ a.AMP. PIPE SIJPl>OaT SPACIHG PER SP(CS.-........ PPC SlANO - PROW)( ftlOIO '"""'"" WAU suPPORT V 1-1/2'C.W.(POTA8l.E) [ 1 1/2' WAm ,Oot-OT-S. OR EQU"1.. l AEDUCCD PRESSURE 8AO<fl..0W I PREVENT[R. MOUNT 30' A..F.f. . 1-112· c.w. UN[--- 1-1 /2" DRAIN -PIPE TOSU ... 8AS[1,1[NJ il ..CCCSSC<MR PR<M:OEA.T 12"-1~· A.f.f. UNLCSS OntERWlSE SPEClflCIUY REQ'O. 0 fc!'.;.,~NTRANCE PIPING SCHEMA TIC 8 ~~'~c CLEANOUT 2ND FLOOR DRAIN SCALE:NONE WH.Jf II Ill MUTt>.N"'IUU.NO. 2257.103 ....-----""""' ...... SUf",l((B'f"lo.C. {Sl.OP[lOF.O.) ....----~,~ ... & FD-1 INSTALLATION 0 1----'--~CAL=L=?,NON(=O'--'R-'-"D'--'R"'""A..,,1,..,N'--'-F =D--'-1'-'-'-IN_,_,S,,__T,_,A'""L=L=A'-'-T..,_l=O=N . AOA COWPUAHl S{[ ARCH l>lAN5 FOR liMlUHTM. HO.tft ADA COWf'LW«, SCI ~ !'VHS FOR IIOUNT"tlG HEIGHT 1'l». COMPUIHf, SEE MCH PU.MS f'Oft ~ HOGHJ AClA COMflt..WfT SCE ARCH Pl>HS fOfl WOUHTWO HOCffT 6 PLUMBING FIXTURE SCHEDULE SCALE:NONE " . H H n =>: 1!!! (/)> 1-· ~h;;. <(~ '11 [ ~; Q u d1 i1 ~= ~ In z " 0 2 ;:: 9 < "' ffi g >-~ V) "' .., ~ "' U! 'I' 0 l;l z < " ~ ~j!'t .; ;:: ., < I~; ii > 0 d~~ 'i z .., o::"'-;;; "' ~ ~ C) ,t_ z z 9 " 5 il ID P3.0 1 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 5 Renovate Guinn Elementary School, Phase II Request for Proposals Submittal Date: April 21, 2011 (NO CHANGE} The Request for Proposals for the above project is hereby revised and amended as follows : 1. Drawings defining additional site work scope including interior revisions and the addition of a French drain system around the basement and replacement of the existing sump pump in the basement. 2 . REMINDER, The building will be open to walk through and review the site conditions Thursday , April 14, 2011 at 11 :30 A .M. Acknowledge the receipt of this Addendum No . 5 on your Proposal. GREG SIMMONS , PE ACTING DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By:--------- Ronald Clements. AIA RELEASE DATE: April 13 , 2011 Project Manager Facilities Management Division 817-392-8014, FAX 817-392-8488 Renovate Guinn Elementary School , Phase II Addendum No . 5, April 13 , 2011 Page 1 of 1 2.04 DRAWING SKA 003 -Insert new Site/Utility Plan Draw ing SKA 003 (PDF format) attached hereto . 2.05 DRAWING A0.01 A . Insert new Detail 2/A0.01 per SKA 002 (PDF forma t) attached hereto. 2.06 DRAWING A 1.01 4/13/11 A . Delete th is drawing in its entirety; insert new revised Drawing A 1.01 (PDF format) attached hereto. 2.07 DRAWING SKA 004 -Insert new Window Glazing Designation Plans per SKA 004 (PDF format) attached hereto . 2.08 DRAWING A5 .01 A. On Room Finish/Color Legend: under Vinyl Composition Tile , delete VCT -2 "52132 'Dusty Khaki '; insert new VCT-2 to read "52168 'Golden Fossil '". 2.09 DRAWING A5 .02 A. Delete this drawing in its entirety; insert new revised Drawing A5.02 (PDF format) attached hereto. 2.10 DRAWING A6 .01 A. B. C. D. Under Door Mark 106 , delete Sill Type E; insert new Sill Type B. Under Door Mark 111 , delete Sill Type E; insert new Sill Type G. Under Door Mark 123, delete Sill Type E; insert new Sill Type G. Under Door Mark 208 , delete Sill Type E; insert new Sill Type G. 2.11 DRAWING A6.03 A. Insert new Sill Type "G" per SKA 005 (PDF format) attached hereto . 2.12 DRAWING M2.01 A . Delete this drawing in its enti rety; insert new revised Drawing M2 .01 (PDF format) attached hereto. 2.13 DRAWING M2.02 A. Delete this drawing in its entirety; insert new revised Drawing M2.02 (PDF format) attached hereto. 2.13 DRAWING M5.01 A. Insert new drawing sheet M5 .01 -COMCHECK CERTIFICATE -MECHANICAL (PDF format) attached hereto . 2.14 DRAWING P2.01 A. Delete this drawing in its entirety; insert new revised Drawing P2.01 (PDF format) attached hereto. Guinn Elementary School Building Phase II Fort Worth, Texas Addendum 5-2 KAI Job No. 2004.149A Addendum No . 5 April 13 , 2011 Issued for Proposals PART 1 -GENERAL 1.1 RELATED DOCUMENTS SECTION 01020 ALLOWANCES A. Drawings and general prov isions of the Contract , i ncluding General and Supplementary Conditions and other Division 1 Specification Sections , apply to this Section . 1.2 SUMMARY A. This Section includes administrative and procedural requirements governing allowances. 1. Certa i n materials and equipment are specified in the Contract Documents by allowances. In some cases , these allowances include installation. Allowances have been established in lieu of additional requirements and to defer selection of actual materia ls and equipment to a later date when additional information is available for evaluation. If necessary , additional requirements will be issued by Change Order. B. Types of allowances include the following: 1. Lump-sum allowances. B. Related Sections include the following : 1. Division 1 Section "General Conditions" for procedures for submitting and handling Change Orders. 1.3 SELECTION AND PURCHASE A. At the earliest practical date after award of the Contract , advise Architect of the date when final selection and purchase of each product or system described by an allowance must be completed to avoid delaying the Work. B. At Architect's request, obtain proposals for each allowance for use in making final selections . Include recommendations that are relevant to performing the Work. C. Purchase products and systems selected by Architect from the designated supplier. 1.4 SUBMITI ALS A. Submit proposals for purchase of products or systems included in allowances, in the form specified for Change Orders. B. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance . GL.iinn School Building Phase II Fort Worth, TX KAI Job No . 2004.149A 01020-1 Allowances 13 April 2011 Addendum No. 5 CO M check Software Version 3.8 .0 Interior Lighting Compliance Certificate 2003 IECC Section 1: Project Information Project Type: Addition Project Title : GUINN SCHOOL -PHASE II Construction Site: Owner/Agent: 1120 SOUTH FREEWAY FORT WORTH , TX 76102 City of Fort Worth Fort Worth , TX Section 2: Interior Lighting and Power Calculation A Entire Buil ding (Office) Section 3: Interior Lighting Fixture Schedule A Fixture ID : Description / lamp / Wattage Per lamp/ Ballast Entire Building ( Office 10295 sq .ft.) Compact Fluorescent 3: J : Twin Tube 24126127W / Electronic Compact Fluorescent 2: G: Triple 4-pin 32W I Electronic Linear Fluorescent 3: F: 48" TB 32W / Electron ic Linear Fluorescent 2 : C : 48' TB 32W / Electronic Compact Fluorescent 1: B : Triple 4-pin 26W I Electronic Linear Fluorescent 1: A: 48' TB 32W I Electronic Section 4: Requirements Checklist ,l-ighting Wattage: ci 1. Total proposed watts must be less than or equal to total allowed watts. L' Allowed Watts Proposed Watts 10295 10202 "f/2..· Exit signs 5 Watts or less per sign . Exterior Lighting: ~-Efficacy greater than 45 lurnens/W. Exceptions: Complies YES Des igner/Contractor: B KEN SHAPPLEY CAMPOS ENGINEERING , INC. 7430 GREENVILLE AVE . DALLAS, TX 75231 214-696-6291 kshappley@camposengineering .com C D Floor Area Allowed Allowed Watts Watts/ ft2 10295 1 10295 Total Allowed Watts = 10295 B C D E lamps/ #of Fixture (CXD) Fixture Fixtures Watt .. 4 11 104 1144 1 45 36 1620 2 12 64 768 2 12 64 768 1 14 28 392 3 58 95 5510 Total Proposed Watts= 10202 O Specialized ligh!Jng highlighting features of historic build ings; signage; safety or security lighting: low-voltage landscape lighting . Controls, Switching, and Wiring: ••••••-•••••,.•--•••••P ... ,•-••••·-·-•••••••••·~·--,-·-··~·~·-••••-·•-··--··-------·-------·--·------· Project Title: Report da te: Data fi lename: Page 1 of COMcheck Software Version 3.8.0 Interior Lighting Compliance Certificate 2003 IECC Section 1: Project Information Project Type: Addition Project Title : GUINN SCHOOL· PHASE II Construction Site : Owner/Agent: 1120 SOUTH FREEWAY FORT WORTH , TX 76102 City of Fort Worth Fort Worth , TX Section 2: Interior Lighting and Power Calculation A Entire Building (Office) Section 3: Interior Lighting Fixture Schedule A Fixture ID : Description /Lamp/ Wattage Per Lamp/ Ballast Entire Building ( Office 10295 sq .ft.) Compact Fluorescent 3: J : Twin Tube 24/26/27W / Electronic Compact Fluorescent 2 : G: Triple 4-pin 32W I Electronic Linear Fluorescent 3: F: 48 " TB 32W / Electronic Li near Fluorescent 2: C: 48" TB 32W I Electronic Compact Fluorescent 1: B: Triple 4-pin 26W / Electronic Linear Fluorescent 1: A : 48" TB 32W / Electronic Section 4: Requirements Checklist }ighting Wattage: ·ti 1. Total proposed watts must be less than or equal to total allowed watts. L, Allowed Watts Proposed Watts 10295 10202 ~-Exit signs 5 Watts or less per sign . Exterior Lighting: ~-Efficacy greater than 45 lumens/W. Exceptions: Complies YES Designer/Contractor: KEN SHAPPLEY CAMPOS ENGINEERING , INC . 7430 GREENVILLE AVE. DALLAS, TX 75231 214-696-6291 ks happley@camposengineering .com B Floor Area C Allowed Watts/ ft2 D Allowed Watts 10295 10295 Total Allowed Watts= 10295 B C D E Lamps/ #of Fixture (CX D) Fixture Fixtures Watt. 4 11 104 1144 1 45 36 1620 2 12 64 768 2 12 64 768 14 28 392 3 58 95 5510 Total Proposed Watts = 10202 O Specialized lighting highlighting features of historic bui ldings ; signage; safety or security lighting; low-voltage landscape lighting . Controls, Switching, and Wiring: Proj ect Title: Report dale: Data filename : Page 1 of 10·-11-s·-2- LEGEND f!R'il ORIGI NAL LOAD BEARING MASO NR Y WALL i==::J NEW PARTITION r-. 9'-7 112· 11'-6 1/2" ·-1· •·-s 1/2" 12'-J 1 2· O'-,· 10. PROI/IDE CEMENTlTlOUS BOARD IN LIEU Of G'f'P. BOARD AT AU. WET SIDE WALL LOCATIONS. REF[R TO A1 .03 GENERAL NOTES. 11 . CONTRACTOR TO PROI/IDE CO..ut TO THE EXISTING CONCRETE COORIOOR nOOR DURING CONSTRUCTION SO AS TO NOT DAMAGE EXISTING SURFACE. -----------•· o z· •· e· 12· GRAPHIC SCALE, 1/4" • 1'-0" NOTES BY SYMBOL '0' 1. EX1Sl1NG WASOHR'r' WAU. 'MTH NEW Pl.ASTER SYSTEM . MAX. THICKNESS Of SYSTEM TO BE )ft. 2. O'WNER FURNISHED FUNG SYSTEMS 3 . CYP . BOARD WAl.l INFll BEHIND EXISTING DOM 'MTH 3• SOONO BATIS. tJS:• FURRING CHANNEL 'MTH ~-1---+-H-l ONE (1) LAYER Of C"YP. BOARD AT Off1CE SIDE 4. RECESSED lNFlll Of TWO (2) 3%. MCTAL STUDS ANO GYP. BOARD ON OUTER FA.CES PROVIDING A TOTAL F1N1SHED WIDTii Of fl.li•. WALL f1N1SHES TO MATCH ADJACENT ANtSHES. ALSO PR0\10E WOOO Bl()Q(JNC FOR MOUNTING Of DIRECTORY. 5. PR0\10[ FOUR <•> 14" DP • Jr THK )I 'MOTH OF ROOM SHEl\1NG IN STORAGE 112 AND TWO (2) 14"DP.id'." THK.11 .a• LONG SHEL\!ES IN JANITOR 110. PLASTIC LAMINATE FlNISHES. PROVIDE K&:V MODEL 87SS STANDARDS AND 186SS BRAO<ETS (OR EQUAL)AT EAOi LOCATION. g i 6 . ~:~iik~R:: iaA8:~L'M~A5~0 SURFACE l-"l-1---+-H-l 7. WATER C00L£RS. REFER TO PLUMBING SHITT PJ.01 - 8. EXISTING STAIR TO BE REPAIRED/RESTOOED '"-'~-~~-< 9. OOSTING lWO STOP, Hot.n£SS H'ft>RAUUC El..£VATOR (PHA.SE I DESIGN) 10. EXISTING REINFORCED CMU ELEVATOR H<XSTWAY {PHASE I OESIQI) 11 . BENCHES/11Slla< SEATING (N .I.C.) 12. SECURITY STATION, SEE DETAILS ON SHEET AS.07 13. GYP. BOARD PAINTED F'l,IISH Olv£R or METAL FURRING CHANNELS H . _EXIT SIGNACE. REFER TO SHEET A5.01 TYPE •o• 15.' f}RE EXTINGUISHER CABINET, REFER TO SPEC. 10522 16. ~All MOUNTED ARE EXTINGUISHER W/ BR!,CKET 17. REPLACE OOSTING STAIR NOSING MTH RETROfl T "'OSlNG, t.1ooa RS-405l-Pl BY BALCO, I\IC. OR EQUAL 18. ~~-. O~~;:~~ABINET Sll,f!LJ.R TO 19. ELECTRONIC KEYPAD ENTRY FOA DOOR 127 20. \¥AU TO BE LOCATED AS SHOM-l, HOWE\'ER, ADJJST AS NEEDED TO NOT CONfUCT WITii EXISllNG VIINOOW TRIM 21 . BRICK WINDOW STOOL CLEAN ANO RE-POINT ANY MI SSI NG MORTAR JOtNTS;·T'YPICAL 22. EXISTING (HATCHED) AA.EA TO RECElvE CONCRETE INFILL PRODUCT. APPROXIMATE DEPTH IS 3•_ GENERAL NOTES 1. REFER TO SHEET CS1.01 FOR SYMBOLS LEGEND, UST Of ABBRE\1Al10NS & PRo.ECT GENERAL NOTES. 2. NOTES BY SYMBOL ARE SHEET SPECIF1C 3. IBESE DRA'MNGS lllUSTRATE THE GENERAL cnlDtTIONS Of THE EXIS11NG BUIUXNG. THE CONTRACTOR SHALL AELO YE.RlfY THE LOCATIONS, ASSEMBLY TYPES, AND DIMENSIONS Of All EXISTING BUILDING CONSlRUCTION PRIOR TO BEGINNING WORK. 4. REFER TO SHEET A7 .01 FOR REfUCT£D CEUNG PLAN 5. DIMENSIONS ARE FROM S1UO TO sruo OR FACE Of" MASONRY UNL£SS NOTED OTHERY«SE. WITH RESPECT TO AClUAL FIELD CONDITIONS, ALL 7. ANY caff1.ICTS '111TH PROPOSED PHASE I WORK ANO EXISTING PHASE I WORK ARE TO B( BROUGHT TO THE A TTENllON or THE AR<HTEC T. 8. SPEOAL A TTINTION SHAU. 8E Gl\'EN TO EXISTING WINDOWS ANO WOOD TRIM TO ENSURE AGAINST ANY DAMAGES DU RING PHASE l1 CONSTRUCTION . ANY DAMAGES 'Ml.l BE THE R£SPONSl8ILITY Of THE CONTRACTOR TO REPAIR AT NO COS T TO niE O~ER. 9. CONTRCX. JOINTS FOR GYP •• BOARD AND Pt.ASTER WAU./COUNG APPLICATIONS ARE TO BE LOCATID IN ACCORDANCE WllH SPEC SECTIONS 09255 FOR PLASTER ANO 0926~ FOR GYPSUM BOARD. ~ " ~ % 9 ~ al "' i 0 ~~~ ~ ~ ~ ... fl'. ! .!.j!:i!c i= ;a~ ~ ~&II~ i 0 O.Oi'j ffi g2Lo. "' '-' ~ z 9 ~ :5 ii ID A1 .0 1 D C B A SKA 001 4 DltlrillU.O(S'l'STDtll'IP[ roMCTIONTOOllAINAQE COMPOSl'II-GIIIACE CONNCClOlt l£[ Cit [QUAL. KfOI TO aw. AUCN 1onou or l"Ulilt OIIAINMTUI Nlt190TTOM tK CONllNUOOS CltADC ........... 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SYSTt:MS BY THE IN Sf'l"C rtlM Wini MAIHTCN~ CftCW 1H ATIIMOAHCC, CONTRACTOR SHALL CONTACT DIG-TES S AT 1-800-·DI G-TESS A MINIMUM OF 48 HOURS PR IOR TO ~STRUCTION ACTIVITY 0 2 l ::,w {/)" I-~ <(~ D ~= ;: Ou ~: ~ C ~ z 0 0 a F -' <( ID oc >-0 O'.'. ,_ <( C/J ,-w t3 ~ Ul z oc ::;:;: <( <( B 0 ~w~ -' 0.. z i.u ~t-· <( I u.. -/:: I ~ z :; r-~ 0 1= F Vl :::,Q :, <( ~~~ ...... > a.. .... 0 I oo:: w z .J N 0 I- w o -c.. vi a:: o- I ~ u z 1/) c5 z _J z 5 5 (D c., l:HEIT.!lll . A "···----.. ·--·-"""' ,. -ttl l(Jr,t,.UIMJt.19C!t 2DO,t.10A !'l'CC&'lCATION:JrfO.: SKA.003 ,0 JCll M~•O.J',;,o,.U..C, tii "-w Q'. X COORDINATE EDGE OF THRESHOLD WITH EXISTING CONDITIONS CONCRETE FLOORING @ CORRIDOR ,-----+----CERAMIC TILE SILL TYPE ,, E,, BULLNOSE r-+---CERAMIC TILE DOOR SILL TYPE "G" SCALE: 3 " = 1 ' -O" SKA -004 REF. SHEETS A6.01 AND A6.03 ADDENDUM NO. 5 SCALE: 3• z 1'-0" DATE: 4/13/11 JOB NO.: 2004.149A KOMATSU AICHITECTUIE SIU TYPE "G" GUINN SCHOOL-PHASE ll 1120 SOUTH FREEWAY FORT WORTH, TEXAS SKA-00 ~------------------------------------------------------------------------------------,-,--r,-,,r-,,- ~ ROOF POVER PLA N E2~~ALE • 1/8 • = 1·-0· r------------------------------_,....__ ---------------... ------, ; ,. ....... ······ ········· ········· ········ ······ ········· ········ ·, r-······· · ···1 ······• ···-·· ·•····· ········· ······ ·· ··•·•· ·········,; ;: ;. t: :: ::. :: ;: ir-· :: ;1 l j I 1 1 '• 1 1 !1 1 1 11 11 i j i ~-... r.--:-:::.:: :::.:·.::: ::.::..: ::::: .... ···-... ---· ·-... -.J! ........................................ -........................ . ------------------------, ; ····-··-·-·------·-···-· [2.02 GENERAL NOTES: 1. RUVI TO SHEET [0.00 ro,i S'rW8a..S U Cl:ND AHO UST OF "88Rf"'1All0HS. 2:. PR0"10E ~ M.ARt,I RELAY COHHCCTIOH TO All OUCT SM!'.*[ OCTECTORS. COOR!>f,IAT[ CONN(ClJOHS 'lllmt WCOIANCAL COHTil:ACTOA. NOTES BY SYMBOL •o • 0 := =; ::8-~-~~N«>~~~ rOR D£T£C10RS JNSTALW> 8Y ON'. IS ANO COt*IECTEO 8Y CW. "· © ~ =rOR~~ff :1~o~v:o~CT£0 8'I' DIY. 11. RfU-5 IS [OUIPf'CD 'MlM EXISTWG A(TIJRH DUCT D£TECl0ll V£.RFr OPEAATIOH Of fXlSTN: RrnJRH DUCT D£TECT0fl ANO IIO'UiC[ F ~- CISCOtMCT roR ,nu TO IC IHTECAAI.. Wl1tt l.11¥t. M~------------~ L~ 8-+++1-1 ~ Q • VI CD § ; ~ • ::i : ~5, J~h U)~ r--t-" ';;;; <(~ • .I! ~ ~; r O u d1§ :i.!: !; ~ 6ii E202 ,-------------------------------------;:::================::;:========::::;--,rrrrm 1-iv,~ EXISTING OISTRIBUTION PANEL -~DLA" ......... ················································· ··:=·· 7e1tWE~~ ·=~~~;r·~;::~'°:; ... -,oc,·· ·-·~,iT···-~·eON~:a ·w4 ···· WIINiW1TCr1 J:t5~ VCl -~ bl •100IJ 1l00" ll1'X41.fCM,on61J...c),I .. :w l"):1' ! 1H) iCli• '118 l'llllNGS FLOOR BOXES ......... 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Ol'HfRI.IAH.#A~RlA/1£.ACCEf>lAflt.E.WlfflffiJOl'I ~Pfl(NH. SUl»JUf1Xl\.flE5l01lECONSUR£0ASSl.6lllllUfl0t4l011IEAAC>tll(Cl1£tlGH:.ERFCfli'IEVlEW f-.ACcE..-r4NCEH:lflf~ iLHl/lUTIOl<S-U.Uli '~""VSl'tOCIH 101>£1'\AUl&tlf.Dltllt#l.fl: l ....:;ullN;,..;,oi,,1111\l"loH l . H.l~oauHcs SltOWHONl'l.>.ttSVn111 ... 5Ul'flll"rWU IH!f'HOYllfDWl /111:Mf~NCY llAfll<HVP ... (;J(I ~tlll:GW,l,.O\,IOl,~CTIMLIASl l\lCOMf,.VW'!H..:c~,c.r~!ON"'-leAU>,$"!1.UtOOV!EI 5 CElNG-WOIMUl.l(llft U;"ll! llQ'Act:l,k)IA'(T .. 1"11£.oOOl ~-l.ff MQutff .... lliHli~J"!l)Oltl'Uil<S .. ' ~ " S1'1'Cf """ OCCUPANCV SE NSOR SCHEDULE PAAEL "LB" ·····.·-··GROLWOIAR ----:--1$0llll0UNJRA.R ~.t.Nl)u..i)-~C-=--·-•·-~IOl4KV" ·11. 1 1,· • 12 • RlCfPlACl.iKV .... )l C.70 11.1 "'IICtllNElllN'ME.Ml l.o.o.osLU,t,J,;~'"°'*1 I( 10:, tC OTo-€11'-°"°' K 100 H i IOUI.ON"-V1' 32..G I01AI.DN,\MPEl1E~. IOV...Uli.011.D'j(JH', lt(l"'IOOII.VOt.lAMPSPUIM)fl l!XlflllOffUOlt"IIN(lllY"- -ii- liURf'...CE IMJl.lli"lEO ···························-·- t-+-+-+-,>-+--<iii Q Ill ID i ~ .... ; .v.:. z " 0 3 F i .. "' 0 ,_ ~ i'.l "' ;i~ 0 i z ~~~ .. ~L z 0 ~j!:j!: F ~ :ca; ~ 0 ~~3 z p~ w "' "' z ~ g 5 5 a, E601 2 SECOND FLOOR FIRE PROTEC TION PL AN SCALE • 1/8' • = l'-0" f2.0I f2.0l r2.01 f2.0l ~!.~~T ,;.~~~~-_;,IRE PROTECTIO N PLA N ~ r2.01 t:fj FIRE PROTECTION NOTES: L OFIC PROlCCTJON CONTRAC10R StWJ. WOOlfY/CX1E1€1 TH[ J>RCSCNT WCl Plf>C $Pftlt-l(l£R SYSl[M TO lllN'T 10 THE INT[IIIOR m OUT PORTION Of THC PR[S[Nl IN ACCOftO,,l,NC£ WITH Nf'PA U , Nf'PA 24 ~~~,g~si:_[~~C~~ ~iNGM.f~~~~uf:::), CML. i.tCCtWilCM., El[CTIUCAl.. P\.W81NG, ~ STRUCTVAAL. D1SCIPUNC5 (INCLUDING RCLDC.lTION. REWORK Of [IClsru.G PIPlNG TO Al.LOW DUCTWORK INSTN..LATION lN TH( C(IUMG CA'lllV, AS W(lL AS EU:CTRICAI. ~ PUJWBIC WORK IHYOL.VED lN THC Bt.lll.DING m OUT WOftK OCSCfll&CD BY ll1CS[ DOCU~NTS} TO EHSUR£ TKo\T A COUPl.£1ElY COOftOINATCO INSTAUATION IS A01l£11CD. THESE Pt.Nt5 SEINE AS A GENERAL CUIOC OHI..Y AHO DO NOT R(f"IIICSCNT .oc11JAl 810 OOCUIM.:N1S. RESPONSl81UTY fOR A COt.PI.CIC SYSTCM BIi.SEO OH COOCS l,l(NTIONEO A80VC JS THC RCSPONSIBIUTY ot TH( SPIUt«LOI CONTRM'.:TOR. 2 . LICtfT Ko\ZARO OCNSoY: PROl,tlO( SPRll'fC.LCJt PROTECTION WITH 0. 10 CPI.I PCR SQUARE FOOT OCNSl'N CN(II r.lOST RCMOTC 1$00 Sou,,.Jt[ 1££1 FOR ENCLOSCO .A.IIEAS PCR NfPA ll. PRCMOC SPIUKKLCR SPACINC fOlt THCSCMtCASW/$1"1'1.INKL[Rl[~TIJRCAATINGSJN...CCOftPHIC[WITH NfPA ll FOIi: T...C [NYIIIONUl'.Nl (l1C()Uf,lf(R(0. 3. ORDI~ NAb.RD {GftOOf> 1) OCNSlfY: Pft<MDC SPRINl<LER PROlCCTION WITH 0.1$ GPt.l PCR S()UAft[ FOOT OCNSITY OYCR I.IOST REMOTE 1~ SOUNlC H[T FOR [HQ.OSCO AIIEAS PCR NFPA U . PR<MOC SPRINl<LCR SPACINC f()R THCS[ AIIU.S W/SPIUNl<LCR l[IIP[R.o.TUII[ R.o.TIHCS IN ACCOROANC[ WllH NFPA ll fOII lH[ [Nv'lltOM,l[NT ENCOUNTERED. !I. CONTRACTOR ~ ACQUIRE CURRENT fl.OW DATA AS APPUCl8..C. HYOAAUI.JC CM.ClAATIONS SIW.t. B( BASCO OH COtd,V,C:TOR ACOUlREO now l[Sl R(SUI..TS. TH£ CONlllACTOR !wW-1. PAY ,1,1..l ASSOCWCD recs FOfl lHC rLOW TtSnJNC u,.!lCSS WAM:O 1h' Cl1Y OF fOAl WORTH. l \IERlfY [XISTINC SPRINKL[lt S"l"SlCM IN .t.l..L. AREAS FOR COY[R.o.CE MO O(NSITJ[S. l.tOOIFY [IOSTIHG SPRINl<l[R SYSlCM AS APPLICA8LE TO MAINTAIN COVCRAGE AND OCNSmcs. AOJUSl l'.XISTINC SPRINl<LCR HEAD HC IGHT TO WATCH NEW CEit.iNC HCICHT IF APPlJCABL[. 7. REPLACE EX ISTING SPRIMKLCR HEAD TO S£M1-RCCCSS£O TYPE SPfUNKl.CR HEAD IN FIHISHCO CCIUNC ARCA AHO IJPftlCHT T'l"P{ SPRINKLCR HCA() WITH G\,WIOS lN EXPOSED AAEAS. CCNTIII HC>,0$ IN CEILING TILES (2 OIRCCTlOHS) FIRE PROTECTION LEGEND THIS IS A PERFORMANCE DESIGN 1224SM> ''°o en., (TYP J) UN( Of CHASE OPEN TO COUNG CAI/JT't' <481112 WilH 36XJO OPEN TOP 1224SAO JJO CFM 24x12RAG t.lOUNT ANO CCNT!R IN VERTICAL (TrP) PAINT TO MATCH GYP. 80. ,er RlS( INTO JOIST SPACE 24•24 OPEN 10P M2.02 1224SAO :,so cn.1 122'4SAO JJO CFM SECOND FLOOR HVAC PLAN SCALE • 3/16' • : 1·-0• M2 .02 1224SAD JJO Cf'M 122'4SAO 400 CFM UNE or CHASE OPEN TO CEILING CAVITY GENERAL NOTES: I. Auvt TO SHEET WP0.01 f'OA S'YM80LS L[C(l,W ANO UST M ~nONS. 2. Matts 1h' SYM80l ARE SHE£T Sf'£ClnC. 3. AU. ROOF TOP UHml Mt'. [XISTINC EXCCPT (NitU-1) AHO TO BE RC-USED 1H THIS PROJECT. nELD-VEIUfY EXACT COHOmOHS Of EACH ROOf TOP UNIT iEFOA£ COflS"IRUCTJON. ~ PRCM:DE MEW CONNEcnOH CS OOSTlNG ATTACH DUCTS Of EXISTING ROOFTOP UNITS. Cl. REF"ER TO ARCHITECT\HtAL roR MASOHRY WAU. P[N(TRAT10NS. I . R0KNE IITU-CI ANO TURH OVER TO OWNER lNClUOE ClHt8. W11UMC CONttECTIOHS AND OUCTWOltK. CONTIIACTOR SHALL LCW> T)i[ l»aT ANO AU. ACC£SS0ftl£S ONTO THE CrTY-PR(MO(O TfWl£R OR TRI.ICI< ON sm: TO ACCEPT AT TIM[ Of CRAHE P1CKUP. COORDINATE Willi CITY IN N:NIMCE FOR txACT TIME Of CIW£ PICKUP. PROYIDE FOR REPAIRS TO ROOF AT CURB RCUOYAL PROYIDE ROOF' OPOllMG ADJUSTMENT TO ACC~TE NEW WORK AS APPUCAa.L ~ ~ ~ --i ::::,· l~ey' ~iij {/)• I"' I-" ~ "" <(~ 'ii[ ~; Q u d1 !1 ~= ~ lti ..a, I 0, IH j M2.02 r:ri COMc,,.ck So""*m ve.,.on 3.8.1 V 1 Mechanical Compliance Certificate 2003JECC Section 1: Project Information Ptte«;lypo·Udtl., ........ 1-:lalt<HSChOCll.••'IASE• 1UQ*=JJIIJ-T <OR,_-it1.1.o.71'>m Section 2: General Information Sed.km 3: Mechanical System• Llsf a.--x-,nr -. -.,~..,:...,: -l'·---.-.e.....•l'l'- o.~ l(;(ff9~T -~--.. ,.-.................. ,o,r,-n;•!ll)1 , ... _, ·-·-- ~-·--...... ..._~~·K*A..f"~·\11ll0Jt, .... _C:--. _.....,.__,-,.-..--.~· ..... Section 4: Requinwnfflts Ch.cldist O'-~---• -..c,-,._...,. •UfDI ~-5peellcTe:-lfMW(Ooolo .. llc,'T ........ t : O'· ----...,.,.Uff'l».__,..,,....,, a2.""a1 _ .. _"'"'°' Ql-l.?·M.-...... -.......... -...-- Gw.wklt"" ........ .., ... ,Mnat..,. .. ..,.......,o..nldltll•-"'-•l••ppik.i,I«: 0 1,i--.-.---0 ,. -......-----.,-11' _____ _ a~..__...__..,. ___ .. _.... a----·--··-=---o.i. ______ _ o .. _____ .,., ___ _ o~--~-.. ..,.,-J..,_,_, _____ ._._ o-=~--- a~, .... ----- !) .... __ .... _ .. _________ , __ O'·-•-••---.,,_.... ___ _ OOOH .. UOMHHM, .. OH•MO" ---,-·-f • -•o.::Wl:1111 0...-L---W -tOHl)QI.--OUT'CCINl!:nlllC'IOOOl'.0...,.~---"-••• 2003 IECC ~ .. ·..-----~----.. -~--... --ec.i,,,--· "·~~~"ft:Mt\1-1: ..... ____ w,;_ . .,_" .. ~"'c-----~-.-...-... _,,__ ._.l,~ ... ......,.s,,cacc'Te:w.tco-Ncewf~ 'T•ulu.\: , _____ ....,."" ____ ,... _____ _.,. __ , __ J.l=:==-~:=== ... =::.::::.: ___ i..._ .. _._..,_,. ___ ,._ __ ... ____ .-, 1.,.-....... ..--.----·----.. ----:==~=--:.===~:::.:-:::::.. •.---........ ~., .. ___ ,_, .. ,...n~'""°'"°-~ G...~trk,11-...i..,,na:M..t ... lMl91'•c,nt1Mto"4'11etl!M..-.qWl-.itlsappklt,lt.: , __ ....,._..,.._ ... _ ... ~-... ----.. -........ -.. ,.--.. ----------L=-=::..==-..::.~o;::.:.-:::.-==. ..... ~ .. ~=~..::.-==-":9 _______ ,___ _________ ., __ _ __ -ea._... ..... ..,.._.,~-.. -·- ................ -,, ... --..-..... ---------... -•"'-t·-..---·---··--""---·--!.=:=:....-:=.-::.:::=.i-:.:-.:..----...... ~-----··-------........, ... -.-.. ...-.. .-.--.. lff----..... --.- l!-.............. -.----·-~---i---i:::"..:=.~~---·-·o--,-. =:::::::::::::::=::i:.-:..-::."'=.~-;-..:::.:-~-L-------·l.:illQ-·---·-...----·· .. ______ ................. _ ..... 1. ::::::: .. -:..-:..:::"'.::..-::.::.::.:::-.::-:-_::.::...-:=:.· ·----' ,. _______ .......,._ ~~~.!:::..._-=:-.=..:...~-=----=-=-..=.....-::= .. -::::::::.==."':".":=::.::.:..-:.~":..'":'~ .. ---..... --~1)1111-lo""'_ ... ___ _ .,.,...;...--11 ... --.. ----------·-· __ .... _..,...,_ IM---------~----... ---.-=~---:-,::::::::i,.;-t"""-•o-.i...--••-,. _____ , ___ .. .._lM-IIDCIO ·-Y l _._ .......... .111, ci.._L __ O._Soc;D..-..cur~l't~..xm-...,.,.,~ ! l: ! ! BUILDING RENOVATION AND RESTORATION r8 ~ t = : i nt-_GU_IN_N-SCH_OOL ___ PH_A_S£_J_--(L£-M-EN-T-AR_Y_B_U_ILD1_N_G_, , 0 11 I v:rs=~!~y t • ...... : ·" !I ... ; 2 • CCkCl£CK CCRTJrJCAT( -i'ECHANICAL I I o• :!::;::::::::::==: .. -..:.,.-"'"' ____ ... _,. ...... ,.. ___ ~ .. ....__ o~--·---o~---------~-.. o• __ .. _.,...__ .. ...,._. __ .,,.._,U1.,1"""'''''--..... o::::,c:=:;:"""--~,......--... ---•"'----, o•-----·---· ... --o"..., ___ , .......... -., ... -, ...... _ ... _,.,. :::;..~:"~;~~:,;!~,-=" .. '"'"' .. _.,.. ... OE!o°"""""'"'"""'-'"...,;•......., o ----,._-s:_,, __ u ___ ,,,_,,, __ .,......._,., O'--......... .., • .,...,._ 01i~----.. -.-01)-.-..-.. ---e,ICIOll~ O " ____ _,.._.,..... ... ___ _ o•---_.,,a-, .. -,.-... w,t,, __ _ U11n-____ S'F-Qt. ________ _,, u=~~·-•..,.._.. ___ .,._ ...... _.,. .. _....w_ Section 5: Complianc• Statement ~-'IN ______ ., _____ ... .._..,.. __ _______ .. _.,.._ ____ .,.._, .... _ .. .....,., ...... =~ .. -.. ~-.u.,..., .. __ .__.,._.,_~- ,._.,_ .... ~~· ,_,.,. '°~..::;.._-==-~-==.,==== ..... ___ .,..__ .. __ _ ~::=:.~.=:.;_ ... _ , ..... _ ... __ _ _ ,. ___ ...., ___ _ , .. _,_,"' __ ,,.,... ____ _ ,..a ... -.., ... _, •• ,~ .... --... 7::::_,_::.-; ::.."!:.....-=...--:- . =--..=:-·------......,.--------......... --- . ~::-....... ..-........ _ .. _,, ........... -..... --... -- ,a.a..---... ----· ... ----·-.. ---~===.:.:::::.~·--q~...,;-----..--.--.----·=-...:..~::_-:~-----·----.b~ 11.hd>_ofr_ ..... __ _. ____ ~•VIN•_._,.._._ .. _ _,._ --.....-------.. ---·----.. --------~------..... ---·-:=:=-==::: ... --.. ---1----.............. 1 .. -.--... ~-----.--..... -----,---.-- .., ___ c--, ____ .,_ ........... __ ,, .... '11.l-~-MoWII----....---·"--"'-----....,._ ............ ~-_..,·---·-·----·---_.-,,.--.-. ..._, ______________ ...... _____ .,. ... ---- KOMATSU !,\ A l C H I T f C T U l E 4/1Y.l'Ol1 BID SET 0 8. R-5 supply and return air du ct insulation in unconditioned spaces R-8 supply and return air duct insulation outside the building R-8 insulation between ducts and the building exterior when ducts are part of a building assembly O Exception : Ducts located within equipment O Exception : Ducts with interior and exterior temperature difference not exceeding 15 'F. 0 9. Ducts sealed -longitudinal seams on rigid ducts; transverse seams on all ducts ; UL 181A or 1816 tapes and mastics O Exception : Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w .g . pressure classification 0 10. Mechanical fasteners and sealants used to connect ducts and air distribution equipment 0 11 . Hot water pipe insulation: 1 in. for pipes <=1 .5 in. and 2 in. for pipes >1 .5 in . Chilled water/refrigerant/brine pipe insulation: 1 in . for pipes <=1 .5 in . and 1.5 in . for pipes >1 .5 in. Steam pipe insulation : 1.5 in. for pipes <=1 .5 in . and 3 in . for pipes >1 .5 in . O Exception: Piping within HVAC equipment. O Exception : Fluid temperatures between 55 and 105'F . O Exception : Fluid not heated or cooled with renewable energy. O Exception : Runouts <4 ft in length . 0 12.0peration and maintenance manual provided to building owner 0 13 .Balancing devices provided in accordance with IMC 603 .15 0 14 .Newly purchased service water heating equipment meets the efficiency requirements 0 15 . Water heater temperature controls: 11 O'F for dwelling units or 90 'F for other occupancies 0 16 .Thermostatic controls have 5'F deadband O Exception : Thermostats requiring manual changeover between heating and cooling O Exception : Special occupancy or special applications where wide temperature ranges are not acceptable and are approved by the authority having jurisd iction . Section 5: Compliance Statement Compliance Statement: The proposed mechanical design represented in this document is consistent with the building plans , specifications and other calculations submitted with this permit application . The proposed mechanical systems have been designed to meet the 2003 IECC requirements in COM check Version 3.8 .1 and to comply with the mandatory requirements in the Requirements Checklist. Name -Title Signature Project Title : GUINN SCHOOL -PHASE II Data filename: L:\84506 .06 GUINN SCHOOL FINISH-OUT\CONSTRUCTION\Guinn PH2-Changes w2003.cck Date Report date: 04/13/11 Page 2 of4 Exception : Continuously welded and locking-type longitudinal joints and seams on du cts operating at static pre ssures le ss than 2 inches w .g . pressure classification . 10. Mechanical fasteners and seals, mastics , or gaskets must be used when connecting ducts to fans and ot her air distrib ution equipment, including multiple-zone terminal units. 11 . All pipes serving space-cond itioning systems must be insulated as follows: Hot water piping for heating systems : 1 in. for pipes <=1 1/2-in. nominal diameter, 2 in. for pipes >1 1/2-in . nominal diameter. Chilled water , refrigerant, and brine piping systems : 1 in . insulation for pipes <=1 1/2-in . nominal diameter, 1 1/2 in . insulation for pipes >1 1/2-in . nominal diameter. Steam piping : 1 1/2 in . insulation for pipes <=1 1/2-in. nominal diameter, 3 in . insulation for pipes >1 1/2-in . nominal diameter. Exception : Pipe insulation is not required for factory-installed piping within HVAC equipment. Exception : Pipe insulation is not required for piping that conveys fluids having a design operating temperature range between 55 °F and 105°F. Exception : Pipe insulation is not required for piping that conveys fluids that have not been heated or cooled through the use of fossil fuels or electric power. Exception : Pipe insulation is not required for runout piping not exceeding 4 ft in length and 1 in. in diameter between the control valve and HVAC coil. 12. Operation and maintenance documentation must be provided to the owner that includes at least the following information : a) equipment capaci.ty (input and output) and required maintenance actions b) equipment operation and maintenance manuals c) HVAC system control maintenance and calibration information , including wiring diagrams, schematics , and control sequence descriptions ; desired or field-determined set points must be permanently recorded on control drawings, at control devices, or, for digital control systems, in programming comments d) complete narrative of how each system is intended to operate . 13 . Each supply air outlet or diffuser and each zone terminal device (such as VAV or mixing box) must have its own balancing device. Acceptable balancing devices include adjustable dampers located within the ductwork, terminal devices, and supply air diffusers . 14 . Service water heating equipment must meet minimum Federal efficiency requirements included in the National Appliance Energy Conservation Act and the Energy Policy Act of 1992, which meet or exceed ASHRAE 90 .1 Code . New service water heating equipment can be assumed to meet these requirements . 15 . Water-heating equipment must be provided with controls that allow the user to set the water temperature to 110°F for dwelling units and 90 °F for other occupancies. Controls must limit output temperatures of lavatories in public facility restrooms to 110°F . 16 . Thermostats controlling both heating and cooling must be capable of maintaining a S°F deadband (a range of temperature where no heating or cooling is provided). Exception : Dead band capability is not required if the thermostat does not have automatic changeover capab ility between heating and cooling . Exception : Special occupancy or special applications where wide temperature ranges are not acceptable and are approved by the authority having jurisdiction . Project Title : GUINN SCHOOL -PHASE II Data filename: L:\84506 .06 GUINN SCHOOL FINISH-OUnCONSTRUCTION\Guinn PH2-Changes w2003.cck Report date : 04/13/11 Page 4 of 4 OESICNAnoH SP-3 • 4 T'l'P( 5U81i1[RS1Bl.[ SUMP PUMP TOTALHCAO(rttr} 2DFE£f(~) f1..0W RATE CPW 20 CPW (£ACH) (l[CTRICH.. CH.lAAC. 120 V/ 1Ptt. l,IOTOR H.P. 1 /2 H.P. (0£H) 5ltill,.AR TO H'o'DRQM.\TIC OSP,O 0 DUPLEX SUMP PUMP DETAIL SCALE:NONE 1/2" TRAP AAI I.IER UH[: SOfl-O,V.-..TYP['K" COPPER. HO JOl<,ITS 8[LOW '1.00ft 9.A8 W-l{H) L-l(H) sP-1 SP-2 U-1 H) 4 SC HEDU LE lAVATOR'l",(1-WIDICAPP(J)) PP[ ST ANO - PROVIOC RIGID FlOCIA'"° WAU. Sl.1Pf>ORT BASCMEHT 0 ~c.:._~~°"~NTRANCE PIPING SCHEMATIC 8 ~!,~, CLEANOUT -~ -A ~~~"°~LOOR DRAIN FD-1 INSTALLATION 0 ~!_?.2~ DRAIN FD-1 INSTALLATION AW. STAN!IAAO 7.0,.1102 AU. 5TAtOliRD 2345.402 / NOTE 1 0 PLUMBING FIXTURE SCHEDULE SCALE:NONE ". 'l!1 u u :::i-1!!! U)~ 1-· ~fo, <(~ '11 [ :E ~ O u d1 !1 ~= ~ lu z " 0 z F 9 <( "' iil 0 >-~ ... i'.l ~ "' ~~~ ~ 0 z <( ,J,I!'~ z ~ :,ii!cj!: ... 0 ;i F i §; ~ <( > 0 ~~~ !i z w ~ "' ~ " 'it z z 0 ,!; .! G ::> m P3 .01 ADDENDUM NO. THREE March 25, 2011 TO THE CONTRACT DOCUMENTS FOR: GUINN ELEMENTARY SCHOOL PHASE II FORT WORTH, TEXAS KAI PROJECT NO. 04.149A Th is Addendum forms a part of the Contract Documents and modifies the drawings and project manual dated December 8, 201-1 as noted herein . Bidder shall acknowledge rece ipt of this addendum where indicated on the bid form ; failure to do so may subject bidder to di squalification . REFER TO THE PROJECT MANUAL FOR THE FOLLOWING ITEMS: 1.01 SECTION 11132 -PROJECTION SCREENS A. 11132 , 2.1, A, 2: insert new text after word 'ind icated' to read "per this section ". B. 11132 , 2.2 , E, 3 , a : delete "As indicated"; insert new text to read : "Viewing Size : 70 " x 70" ". REFER TO THE PROJECT CONSTRUCTION DRAWINGS FOR THE FOLLOWING ITEMS: 2.01 DRAWING A5.01 A . At ROOM FINISH AND COLOR SCHEDULE: for rooms numbers 101 , FOYER and 102 , CORRIDOR, delete the Ceiling Material designation "PC "; insert new Ceiling Material designation "PT1 ". 2.02 DRAWING A5.03 A. At detail drawing 13/A5.03 , change detail drawing number to read : "10". (for corrected designation as drawing 10/A5.03). 2.03 DRAWING A7 .01 A. At drawing 1/A7.01 , change hatch pattern to match the legend designating the finish as gypsum board with the PT2 finish in accordance with the REFLECTED CEILING LEGEND this drawing sheet. 2.04 A. At drawing 1/A7.02, change hatch pattern to match the legend designating the finish as gypsum board with the PT2 finish i n accordance with the REFLECTED CEILING LEGEND this drawing sheet. 2 .04 DRAWING P2.01 A. Delete this drawing its entirety; insert new Drawing P2 .01 (PFD format) attached hereto. 2.05 DRAWING P3.01 A. Delete this drawing its entirety; insert new Drawing P3 .01 (PFD format) attached hereto. End of Addendum No . Three Guinn Elementary School Building Phase II Fort Worth, Texas Addendum 3-1 KAI Job No . 2004.149A Addendum No. 3 March 25, 2011 Issued for Proposals /2_----., SECU ND H .UU R PI .. UMll iNG _P l..AN_ P 2 . 01 \f J_Jp 2 ~iALE• -·· 110• --~ .. ,,..· .. 1·-0··· .. -·········-···· .. ·········· (·r) F"lPST F L UUR F'LU M.BitJ(i f'l../\M P2.01\.!_ ).(P21~ALE• v e· • -= J'-0" rl , w CEt,!ERAL _NO_T ES: 1. 11£r£R TO StlCEl MP0.01 FOIi. SYM80U LEctHD AHO UST Of A88RE\IIATIOH5. 2. NOT[S 8T 5YMOCL ARE SHEF;T SPECIFIC. i\;_OT[~; ... BY ..... SY~.,·1BOL ____ "_Q'' 8 0 0 0 RCTAINEXISTlMCWOPSIHK,ANOAO.lJSTSAHlTAIIYSCWER U,i(.R["lAIN[IQSllNG'l[l,lfPf"lt<CUPTOROOF,~ NUI' DCIM(SllC tfOT oYIO COW WMUI l>!ES NIO r..wa:T PER SCHCDULt. IIETAIN [XJSff,IC 4•UNOCRCAOUNO SANITM'TS(11111£RlM£. REMO','{ CN' AT £NO ANO Pfl[PARE TO COHtlCCl NEW. RETAIN [lCISJI.IG 4" SANITARY SEWEft UHE: AOOVC GltO.Ml. REMOIIE CAP AT (N(l ANO PRCPAA( TO CONNCCT NEW. RETAIN OUSTING 1-1/2" OOME:mc WATER UN(. 1'1£MO',i( CN' AT CHO ANO fl'!l:EPARE TO COHHCCT HEW. Pf!OW)( HEW COl*.£CTIOH OF NC'II' 4• SMIITART SElllEJI ~[ TO[l0Sl1N'C1NB"SOICHT. F'RCMOl NEW cotl,IECTlON Of H('III' ~· SNIITHIY SC11Eft lNE TO EUS11NC ABO',E GROUND. 11£WO\'E[l!IS1l»CCQNO(NSA1"(1lf!M,IPIPIN{ll'll'l)M R'!U-~le I "5 Al>PLICABlE. PR0"10C HCW COH0£NSATE 0111,IN P1P1NO rRClil AU RTIJ's A80\'t cam AS St10'M'I. lU"'4tU.1E A80VC t.1$-1 WITH 1" NII CAP. PRO'v10C DOl,j[STIC ~OT 'IIA'ICII ,..,....0 fR(lM AOJACOfT INSTA/ol T WAltR HU.T(R. llrTAIN[XISTINC2"0CISTIHC\oENTPll"INGUPTHAUIIOOf". PRQ'AOC HE'ii' CONNEC'IION OF N(W 2· ,,on UN[ TO EXISTtlG. Pll(Mt)f ~W SANIT"IIY SOl""-11 UH[ 8Cl0W CftAO!. SAW cur SI.Al N,,J IIEPAlfl TO WATCH [)OSTIHC. PIIOW)[ NEW CONECCTION 10 [JQSTINC UNDEl'IQll:OUHO SANllAA'I' SC'IEII --COOIIOIWA1'C UACT lOCATIONS Of" SAMT'"11Y SCllOI: PIPNO Pl'.NtlRAootf 'MTII [lllSl'f<IC SEAM BIJ..OW. IICJAlWOCISTt,IGSUl,FPUWPDRAIN~G. PROW>( 1-1/2" CONOCHSATE OR:ldH OOl'IN 10 1ST l'\.OOR IN ~- PIIOI/IOC 1/2" OOWIESTIC WAT(II I.IN[ TO COfTE[ MAK(lt. PRQ',IID(WIIHISCLATIONVA.l~ N (!) -..--.. ,,: ......... ~.!: .. ~ •. ~ !'2.01 ,----"""'~--r:..cACtJ}if f-s\ F LCOf( DPi\l N .. JD D SCt.tE:!ffJNf. ~---'"""'''"" IOIIIINl:SY C.C. Jl~_'.':T/\LL111[0N 2 ~';'r:;:T"' r;'"'... . <:OIM:CT TAAP PftlM(R r '-./:.-1/2" ~~~~~ .. , ...... ~ FIXTURE SCHEDULE .·/ ""'t~IWJ.\"H..YC .,,/' , .. l y ' 1 ., TIW' "'"" , .. .,, (n>-1) WrC\JVIIIBRCAMRPORT SIPPI.Y l\« lM: PftC'SSURC AOJU5'tCJf """''''""""'""""'""" PIIO'IIOCA'l) wtit11El11.APPRINOI •-1(1{) L-1(H) .,_, "- I SH ( tP-1 .... ltl'I ClOSCI'. (HAllllltN'PCO) UNAtOff'(, {W,IHOICAPP[O) W CJMC WATER COOWI ( NOTE: I. PIIOIWJt WIIH UOIJII SON' D1SJ>UIS€ft. N'[ STmD - ~:ic~ 'NAt.LSUPPOltT ~·~Dft*-l"ft IAS€MEN1 CW. rnTRA.i'JCE PIPlf,I G SCHEMATIC ~CA LE..N'J.1: A1il.ST,t,H(Wtllll85.402/N0Tt l Hl'ORl'.>MAn::NODCLOSP!oCWl.1/2~115¥/1PM . :~-'-~:·: ~ 1. ODOflOltlil( 'l'll'H AltOI fOlt ACCm PN'tCl. LOCAf'IONS. COPPER W.O.TUI lUl!C. {PflOWXASMN«ASN'f'LICAlll.l} 1 f\-~ (m>.) l t,-_tol'UJO!tDl!>\Mi i" (HO .IOIHT!i IIELOW ~ t\J>OIII). TR .t,.P PRitvlfR DE.TAI L 5C.'M.i,;t.t·tf." 0 PLUMBING FIXTURE ::,CHEDULI SCALE:N ONE ~YIOC AT 11"-1s· .-...r.r.-i-----'lHt-tt-tt-- UNl.[S$ O'IHUl'MSC sPtCIFlCAU.Y NEQ'D. ,· 1-112· 1-1/4" •I• ,· •I• 1-112· 1-1/4" •I• 1-112· 1-1/4" 1-1/4" ,. "'' 1-112· •I• O; ... WNLCL.EJ,NOUT SCAl .C:Nlil'<C .. - "'' H/A SU SPCC'S. •I• 112· N/A J>IIICMO( 'III IH ACC[SS FW'ICL. / I _____ _ ---------------------------------------------------------·---- ....... . -· 0 m CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 Renovate Guinn Elementary School, Phase II Request for Proposals Submittal Date: March 31, 2011 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. The MWBE contact telephone number is Patty Wilson , 817.212 .2678. 2. The current Davis Bacon Wage Rates are attached and apply to this construction project. 3. The list of the Pre-Bid Conference attendees is attached. 4. The final date for RFl's to the construction package is Friday , 25 March 2011. 5. The Guinn School will be open for on-site review on Monday, 21 March 2011 at 11 :30 A.M . 6. The following general contractors have expressed interest in submitting proposals: Mart, Inc. -Angela Lauderdale -angel.laude rda le@martqc.com Azteca Enterprises, Inc. -Dusty Smith -dustys@azteca-omeqa.com RJM Contractors -Trevor Browne -tbrowne@rj -miller.com Ever Construction Corp. -Maribel Rodriguez -mrodriguez@everconstruction .com Phillips-May Corporation -Randy Lay -rlay@phillipsmay.com Mega Contractors , Inc. -Shelley Hemitz -Shelley@megacontractorsinc.com Acknow ledge the receipt of this Addendum No . 2 on your Proposal. GREG SIMMONS, PE ACTING DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By:--------- Ronald Clements . AIA Project Manager Facilities Management Division 817-392-8014, FAX 817-392-8488 RELEASE DATE: March 16, 2011 Renovate Guinn Elementary School, Phase II Addendum No. 2, March 16, 2011 Page 1 of 1 L~.::nor..il L)cd-s i--::n , N!JmbN': 1'Xl000S9 Ol/07/2011 TX59 i;"upe .rsc,d ~i:J. Gcr;,:r·-:1·i Decision Nmribe:r: TX200 8 00.59 . . ~ . . . . . c0·1mt i"en.:·: ,iL>h1:s0n·, ,P.drkor· .:ind· Tarrant Counties · in Texas_; Page I.of 4· · ================c=========~====~--~=~~--~-~----------'----:-~- . ··. Bllll.D.TNG t~('lNS Ti~lj,~:'l'H :N P~ClJ!!:CTS . (does not . incluiie 1,ir!qle famlly hOl!le~; ·an.j ,:,p,,t·l.r.it'llt:s-· tip t.c, .and i n cltlding . 4 ~tor~-es). · Use -•·. current. h~,iVY ;;,11 1:i" h{qhwdy Gei;er.al _Wdge Dete_.i:ruir.i.a.tion f or Pavirig in<:i riorii:..d :r:c Buildiriq Ccinstt:uct.i oh in Tarrant Count-y a _nd for . . Pdving ,ind Uti ULfo~ ini::.id.~·ntal. to ·!3uildlng C.ons.truci:ion fn remain i ll 'J Ci.:>ur,i. 1 es. i ModiEi ,~"t.i,m· N_~mber .[l" ·l 3 . . 4 · ~ ·rubl.i,~atiC>n bate OJ/12/2010 03!"2"6(2016. ·0-110212010 06/04/2oio ·· · ·0'81u12"010 . . Ol/.07 /?Oll . .BRTXOOti l~OO"/ 0~/0-i/·?.OtlG . ·Ra Les Fringes BR"fCKJ.A YE:R;:_ ••.•••••.•••••••.• · ••• ;.$ 21.06 . 6.~3 · --... --.·. ·. -. _ ...... -----'• -.... ._ ·. -------.:---......... --: .· :-. ·--·. -· ... ----- :c.l\RP1 _421 ;.,()Of .f;°,J ,'01/~010 ·: Rates· . Fringes Mn:Lwni ,Gui.: .. , .... : .. · .... · ......... s. 23 .s·s 7.25 ---------.----------.. ---. --.. -.---· -------· ------.. ----. -.----._ Ei.E:C0020"-f;04 O!i/fJl/2010 . Rcl"tes ·. · F.li;!;_~t;.t"i ,;i-c1ns ·: . : C.:ibl~ Sp_! i,:r:1· .••. ." •• : ••••• .-•.. $ 26.H :·r:l,.)t~l.rici,ir, .. , ........ : •...... $ 24 -.25 Fringes . 4 .·50+ 12. 5:,. ,L so-i: 1·2. s :- • •• ------•. --.-----· ---~-.------. ---------· --.-. -------. ·-.-------! lRON02~3~001 0 0/0 1!2b09 Rates Fringes . :lRONWOR!(l·:~::-(St.!·i.;.::t u ra! l .••.••• ,. :$ 21-. 60 4., 40: . . . . . . -~--~----------------------.-----------~--------------------~---.. . . .. .. . . ~·rlnges · SPRlNKl,J·:R ·FITTER H'lr;c Sprinklt>rs·) .... ·.,·; ••..•.....•.... $· 25~40 1"5.85. . . .. . . . --. -----.. -----------------.. -. 3/l .i/201 j CI\H.PENTJ::R . (E;.;~~ludi •\I dryw::i.J,1 ··· han,;rer,;, _.:icousLlcdl in::;.ta l.ler.s & _h<1tt. Rates · 1r1:S1J]iJ!Ol'S)., ••••••••••••• · •• $ ·12.27 do im; d.ry11ctll 1':,in9 in~· on 1 y .-• $ l _O •. 00 . D~YWAJ.J.,.~·INTSliER/TA!>l::R.: .-•.• : .• ; .·.$ H.18 .GLA2U:R .. : .... ·:._ ..•••.. · .. .' .•..• ·.': .. $ 11.3"1 ·J.Al30~1::R . {Ind tJ·J i ng t,fa!;on . Te~der::; & Fipe~ayer.s) .. ,~·····~··$ 7.46 l.dndsce1p7 Lr.1b(1rer.;:: •• , : . ~-•••••. $ . 7. 2!'> . . . -:-Mod1"'n.ical· In::;ui,!t.nr.; ..•••••••• ·~.$10.92 .. P(\1.~TJ::R. (B~ush ·dnd. :}pray)· · . . . (ex~l1icjln9 . Dryw.,11 · ~'ln'lslri'ng).;. '.$ ·10. 47 PJ...l\STC:RF.R ••••••••.•••• : : •.••••••••• $ 11. 50 Pl;imbbr; .dnd l'ipd iHe~~ : . . · 1 ~nc l ll\1 i ng · iIV,1C w~;rki ;· ... : ....... $: 13. 34 : . . . . . . . .. ·. · · Powni' .equ-i:i:\ment· :::iptfr at.o t·:1: · F\c1,;;khc'>e!?, · ••••.••.. , • :· •.•• :a.$ -'1i: 30 . . . Crn_ne~. , ...• .' •. ;· .•••. ·.·.·; .. ; •. S l4-.26 · Fc,1.m~dt.io;1 l)r i l;l Operi:itors'.·:$ ti. 54 · Gr0·de1·.:,; •. ,; ••• · ••••••••••••• ;s 1 i ,:59 ·.: . ROOFF:R, . 7 hd u ~H il·J ·Built . Up, · . . Coinpo::i_iU·c,n or,d Single Ply Ro_ots. .... : .• ; ..••............ .-... :·:s 9.50 Shf;!et. metiJJ worker·. (Tncl•Jding _ HVAC DiJ<·t: Wc•rkJ ........ ~.;·.: •.• : •• s 12.6'3 Fdngss· 2.24 . 76 2.21 1. 31 1. oo : LOO 2·.2.1 2. i .S . · 1. SO· .99 2.10. Wl::LDJ::RS R~::cf.ve ··ru Le pr~$(~ribed .for craft performing. . · .. Of>L?rii!:iOll ·t.o ·1,hi..~.h wiald.i_ng is ' 1.lici'd'ental. · __ .. -~--.-. --.-----------. _____ _.. ·--------------. -.. -------.. -. _._ Wr.LDF.:R:; -Recr::,iv~ r.~J ·e prescribed. for craft par[orming . ~p,:rat"irm l.o -~i·1kh welrlin9 ·is· _fodde1\t·al.. . :...-:-=-~-=-·--t::~ -.::::.:. --·~=:.,. .. -· ==• ··-===---==:..-~..:::=.:.:.:..:.:==~===--~:.s~=-.:.:.-=:;::~::=-=-=== U~l ist.,~d c.:las~·i:trc.dt i,.m~ r,~·eded· for' work not incl tided withj n f ho scope of Lhi,'! iln!'tS1ticdt·1on~ .1-i:;ted .iit~y · l;>e ad~ed aft.er . 9 ~,iard · 01ily <i:"'I ;:·rov i~ed in the lctboc. standards· contr~ct. c _iau::re:$ · (2~CFR :i;5 (a)· 0) "(ii·) i ~ Page_2 of.4 ======-=-=-::-==--===== -----·-·.---------. ·. ----------: ---------.· -~· __ . --. -----· ------ In ·!-ho 1 i.·stin~. t:1t,;Y~e, t.bc "SU~ ·desfgnatlon ~eons fhat. rate·s · Li.sled under . !-lie 1d..-,11t i fier do · not refl-e.ct collectively .. · b,fr·qa-i llt':d wa,-;fe ··ci-nd t .r i hge l5cne Ei t rates. · Other de~;j gnat ions ind-i :.:at.•' rrni~,n:.:: wht,$e rates have · been determl~ed to ·be ( · · p~evai! in•.J, . --------. ---· --· -----. -------. ----··-. ----------. -. ·Page 3 of 4 . -============.~~~~~~~~~~~~=:===:"-·=========-==== WAG!:.: DF.TERMINAT!ON API'EAl,S _PROCESS L}-l!oiJ~'" th.Ci"(! bt1cm ,rn initial: dcd.sion In the .·m.;tter? This can -b~! +. .. dn, c_xi$t inrj pubti::;hid • wage determi.nation a .surve,.· i::mdet:l y_i r)g .d wag<) ·determinat_ion A -Woq~ dn~ Hour Dlvisinh letter settihg forih ~ position on cl w,l<Jl> detti··i ·min..il-ic'>n. matter. · d c .. ,nform~(ll~e· ·(dddiLiortal· cio\SS·ifi.cation ·and r _ate) :ruling On · surv~y-rel1JLed miil·l ers, i.nitiai contact, including requests IQJ.C Sll!M\Cl~ies o,1' ~llrveys,. Sh.oqld b"e .1-tith _the Wage and ifour · Reqie>ndl ·ocfi,~·P-frir t.he are,;1 in ~,hich the . su.rve_y was ·conducted h"causo thr.>S<" Req iondl Off ices hcive r~sp,)nsil;>i litl'·. for th~· Davis-l3acm, :;;u niey prog·r~m. if the response ·from thf s .-init: ia.l: .contac·r.. Ls n~H. ·,,ci:r .. isf<if:te.ry, ttien the .process.de-scribed in 2.) ··and ·3 •. ) -shoul.i .. bo:? tc>Li·m.Jed. W-i t:h r~gard . i-.o :my ~r.ner· mdt.t.ei:-·.li~t y.e_t ripe for. the . formal · -proce_ss ~es~r it>~S,i heri:·, ·i n_i t..ial :·co.ritc:ct should be· wi L h the . , : ·. Bnuic~l ot· Con.sL·\ .. u-ct i c:,'n Wage_ .Det.erroind.tions '. W_t:ite t 6;· .Br..:inch of Consc:·ruct_ion Wuge ·P<il.ter,miriati6ri~. W!l<J~ ;;ind Houri· Di v ·t sion · · · · · · , lJ. S . De.par r m,a n t .. of _Lpj_jo·r . 7.00 _c~,).t isti t.t.it:i,.,n Avenue,.-N.w.-- . Wast,i.r,-.11:on, DC 20210 2.) . 1 f llic ,lll::-.W~t·. l'O \.he · question i.n l. ·) is ·y.es, :then an . in-l.en~st.od· pncl.S' (tt~q~e : affec:.t:e<;J i;)~. tfie· a-ctiOT}): c;an request ·: review al)d ··.r~c,,nsidi=iraU·on· frc,m the. Wage ·d.nd .. Hour Admin~-stxator (See · 29 CFR .Pt"rt l ;~: r1.11d 29 1-CFR Part .''7). Write to·: . . . Wd.:JO ,v;d Bour Admi.nbLrato.r .. . )J ~:,. t:up:.rtmen 1.-of 'l!abor 2.00 Cor,i'lLHurfon Avenue, .N.W", w"'shin-~1._;)o ·, oc 20210 · the request ::tho1~ Id ·be . ,l.c~ompclnied by ·a . ft!l l st c1r.em~nt . of the. inter:~s.ted part.y.'s .p<·,.silfon ·a .nd by anyinfo"rmar.ion (wage. · J>d.l'IIIE'Ot .d~L,1, proj°cCTL . c:k:~•::rip:tiqn, 1"(rea . pra,~t:i"ce .mat.e_ddl, · etc~ .. ) ···thc1t the r~a1iostor con~i.ders· relevant ·to · the '1ssu~. . . . . . . . . J.) ·r f, the do:'!d!=i ! <)n ,if the Adml.nist,.1:ator·-is not favor·able-;" an . in_lerested r.•cl.rt.y may ;..ppea_'.I. direcLly to the Admi .nis"tcative . . ·. Revie.~ Bva.rd (tc,t"mcrl y .t.he Wa9e · _Appeals Boardi •. Write t.o: ·Ad."11 .il"}l~r.ra~"i~e Rev.-iew Board U • S .• Depa ri;men t . c) f Labo:r · ) J. · .. ·· iOO C0n~·tittJL ~cm A~enue, N."W. Washin9roi1, ·OG 202~0 4.) r'\lJ: d~d:$i<sri~ ·b~· tho A;iministra.~i..ve ··Review l}oard· are f.J..rral. i;tm <.w Gf.NF.:RAL DECISION Page 4 of 4 · . =· City of Fort Worth Transportation and Publlc Works Dept . Facilities Management ~N~ GUINN ELMENTARY SCHOOL PRE-PROPOSALS Architectural Services 401 West 13th St Fort Worth, TX 76102 Name Or anization ~~..\\Vo.-€. CoN-SN\,e,·hu.\1 Co <; Yt/fU 14 .f; CcJ/14. c?CJ,(/5;; C6;, N erc.i4. { e'ik"""y -rt: ttEialfa 11 AM, 15 MAR 2011 Telephone & FAX Email 1\"'\ • S'1;l •SS-SO 1"\l=°i'~ll/ip o> Ptzn•te ~IVSl-n.,of,to/'t Co.Co/VI. F-- '&17-518-£Joao ;,,rid r!} sr,RC)/1.J cc>,. C,ovt/l ~17-J -C/;l./ I ~1 ·&/2.1-"lb ~ Lt:~~'2.\~@., ~N 0P. c.oll"\ ~l I City of Fort Worth Transportation and Public Works Dept _Facilities Management ~N~tesJ!lEE.i:Eeatsra GUINN ELMENTARY SCHOOL PRE-PROPOSALS Architectural Services 401 West 13th St Fort Worth, TX 76102 -'k8;:a1iL 11 AM, 15 MAR 2011 Name Or anization Tele hone & FAX Email </.l'l-'/-39 -3::J-/ 3(0) 7J/7_ 439 -3:)..¢g (;: 8 t, -371-lll.\ 11 \i-'?)11 -Ll l\ \ 0 cnz. -72.1-,~z. "Z- e:D Kf2..vM J,1.ti. •1..-"'( I I Jv C.. m-z.(-J/,,&~ -eD I /~/71 (3 UArz,-r c,c. I Cc,yt '3 \ q--b~C> -l\-4 N \"\O·D \@ C..o N -Re.AL. • c_c"""' c(:) ~l:) <l\i (c.J.{(!) -41.f ;LO ~ ~u\,0e...\\ ~~~n ... -r~ , C OVV\. ~~1...P. C-'-P"tA.C!r4~(2. flc.~N\ e: l.\..y5.M~'\"'"':) LFW -~(A.,..J ~\,,,)~~~. c:>fl.-G=l Gov-d.() .... W\avd~~+ K:~W\o+su li--,-/C-/2.>t-b W-11'.C, CCV\,\ Av-ch· -e. Rl ~11-·d1S4- f '\J\\ C_. ').\4bll 3"".?:>\ ri, ~ @-f ~ (,l E ps (/\'\'\,Cl,~ • cg ~ Q.; -f u;>·y _,,. A f1Rf_ f ~eeut\ t1-L Due. 5 a.. I-bu, 5 rtL1Y A-\'q ,,e.E-~ IJ>.S t-6.f 12. <.T; >"-tSb8 . CD""'- i I City of Fort Worth Transportation and Public Works Dept .Facilities Management ~seM:P-All8f.l:EEl:l:ieaL~Hii GUINN ELMENTARY SCHOOL PRE-PROPOSALS ~-11 AM, 15 MAR2011 Name Or anization Tele hone & FAX ~£,ve /)~s, C.0111,1'1CVQ1. -z.sy 77/·/J'l'f U'V-771-1,17 817. ~ JS x--;..;t'-. ~t t~ g;..;J-7 a. t-i--c;s~ .. oos;o "'~~-2.bO't Email Architectural Services 401 West 13th St Fort Worth, TX 76102 817-)c 102.. ~2srd&.77,,>t./c./ht,0a,r-c/. ~ l?a>'f..cf&l.-·l/vt.ua-.rd K. D. f!vr,v2,./d Cbu.s , 8/7-921-2-071:, I CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 1 Renovate Guinn Elementary School, Phase II Request for Proposals Submittal Date : March 31, 2011 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. The MWBE participation goal has been changed to 26% instead of the advertised 14%. 2. The title of Attachment "A" has been revised to reflect the Guinn School Project. All requirements still apply. 3 . The. following general contractors have expressed interest in submitting proposals : Basecom -Desirea Mascura -nm uscara@baseco min c.com The Fa in Group -Larry Frazier -lfraz ier@faingp .com Struhs Commercial Construction -Elizabeth Falconer -efa lconer@struhsco .com Mapp Construction -Monica Mosley -mmosley@m ap pco nstr uction .com Acknowledge the receipt of this Addendum No. 1 o n your Proposal. GREG SIMMONS, PE ACTING DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By:--------- Ronald Clements. AIA RELEASE DATE : March 8 , 2011 Project Manager Facilities Management Division 817-392-8014, FAX 817-392-8488 Renovate Guinn Elementary School , Phase II Addendum No . 1, March 8, 2011 Page 1 of 1 NOTICE TO OFFERORS Proposals to renovate Guinn Elementary School Bu ilding, Phase II at 1100 South Freeway, Fort Worth, will be received at the Purchasing Office , City of Fort Worth , 1000 Throckmorton , Fort Worth, 76102, until 1:30 P .M ., Thursday, March 31, 2011, 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 . A Pre-Bid Conference will be held at 11 :00 A.M:, Tuesday, March 15, 2011 at the Architectural Services conference room located at 401 West 13th Street , Fort Worth . The offers will be valid for ninety (90) calendar days. Estimated construction cost is in the $900 ,000 range . MWBE participation will be evaluated in awarding this Contract. The MWBE participation requirement is 14%. Offerors must submit an M/WBE Plan on your own forms within 5 business days of submitting their Best Value Proposal. Refer to Paragraph 2, Minority and Women Business Enterprise (M/WBE) (Best Value Proposal) in the Instruction to Offerors. Failure to document proposed attainment will remove the Proposal from further consideration . Contact the M/WBE Office at (817) 212-2674 to obtain list of certified subcontractors and suppliers. Submit the M/WBE Plan in Paragraph 2 and Post Bid-PreAward documents in Paragraph 8 within 5 business days of submitting the Best Value Proposal. Submit these documents by 5:00 PM to Architectural Services at 401 West 13th Street, Fort Worth, Texas 76102. 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, inform the Project Manager or Architect who can then inform interested subcontractors. General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions, Drawings, and Specifications through their printer. The bid documents may be viewed and printed on-line . Bid documents are not available at the City . The bid documents may be viewed and printed on-line by logging on to https ://projectpoint.buzzsaw.com /fortworthgov with the user name "Cowtown ", password "Cowtown2004", and click on "T/PW Facility Projects ". Contact the Project Manager, Ronald Clements, at (817) 392-8014 or Email Ronald .Clements@fortworthgov .org for assistance. For additional information contact Komatsu Architecture, Gordon Marchant, (817) 710-1376, or Email qmarchant@komatsu-inc.com Advertisement: March 3, 2011 March 10, 2011 Renovate Guinn Elementary School , Phase II December 2011 NOTICE TO OFFERORS TABLE OF CONTENTS INSTRUCTIONS TO OFFERORS PROPOSAL TABLE OF CONTENTS TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE WAGES RATES WEATHER TABLE GENERAL CONDITIONS DAVIS-BACON CONSTRUCTION CONTRACT PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW PROJECT SIGN Renovate Guinn Elementary School, Phase II December 2011 INSTRUCTIONS TO OFFERORS 1. PROPOSAL REQUIREMENTS: The following requ iremen ts shall be used in the preparation of the response to this Request for Sealed Proposals: • Use the Proposal Form provided below. • Entr ies on the Proposal Form may be handwritten or typed . • Write in contract duration if not specified. • Acknowledge all addenda on the Proposa l Form . • Have a Princ ipal sign the Proposal. If the Offeror is a corporation , the pres ident or a v ice- pres ident must sign the Proposal. If the Offeror is a partnership , then the person/entity who is the managing/general partner must sign the proposal. • 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 Untied States Secretary of the Treasury to qualify as a surety on ob ligations permitted or requ ired under federal law; or (2) have obtained reinsurance for any liability in excess of $100 ,000 from a re insurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the Untied 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 criter ia and on its ranking evaluation . In determining the Best Value Offeror, the City will consider: 1. Proposed price (60%) 2 . Proposed level of MWBE participation (10%) 3. Proposed project schedule (10%) 4. Reputation/experience of the Offeror as demonstrated by past project work and the report of references ( 10%) 5 . Offeror 's past relationship with the City. (10%) **NOTE **: If the Offeror does not have previous work experience with the City, then the reputation evaluation criterion will represent 20% of the overall score After ranking the responses to the 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. Renovate Guinn Elementary Sc.hool , Phase II December 2011 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 AND WOMEN BUSINESS ENTERPRISE (M/WBE) (BEST VALUE PROPOSAL) All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority and Women Business Enterprises (M/WBE) in the procurement of services with a fee of $25 ,000 or more by establishing an M/WBE goal. Within five (5) City business days from proposal submittal date, exclusive of the proposal submittal date, all Offerors will be required to submit information concerning the M/WBE(s) that will participate in the contract. The M/WBE goal is 30%. The information shall include : (1) the name, address and telephone number of each M/WBE and non-M/WBE; (2) the description of the work to be performed by each M/WBE and non-M/WBE; and (3) the approximate dollar amounVpercentage of the participation for each M/WBE and non-M/WBE. Use your own forms . Submit the forms by 5:00 PM on the fifth City business day from the proposal submittal date to Architectural Services. 401 West 13th Street, Fort Worth, Texas 76102. The M/WBE firm(s) must be located or doing business in the City's geographic market area that include the following nine (9) counties: Tarrant, Parker, Johnson , Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. The M/WBE firm(s) must be currently certified or in the process of being · certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division prior to recommendation for award being made by the City Council. If you cannot meet the . City's M/WBE goal for this project, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure M/WBE participation. Contact the M/WBE Office at (817) 392-6104 to obtain list of certified subcontractors and suppliers. Failure to submit the M/WBE participation information or the detailed explanation of the Offeror's Good and Honest Efforts to meet or exceed the stated M/WBE goal, may render the proposal non-responsive . The plan will be part of the final weighted selection criteria. 3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth , in an amount of five (5) per cent of the bid submitted [See paragraph 1 above]. The Bid Security must accompany the bid and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. The Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being considered for this project. Bidder's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of bids, unless the Bidder 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 bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. 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 Untied States secretary of the treasury to qualify as a surety on obligations permitted or Renovate Guinn Elementary School, Phase II December 2011 5 . 6. 7. 8. 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 Untied 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 prov ided 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 competed 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 plans , specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth . PRE-BID SITE INVESTIGATION: Prior to filing a response , the bidder 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 bidder shall be considered evidence that it has complied with these requirements. 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. WAGE RATES : Not less than the prevailing wage rates set forth in Contract Documents must be paid on this project. Davis-Bacon wage rates and reporting required. POST BID -PREAWARD SUBMITTALS: Offerors are required to submit the following information to the Architectural Services Division, Facilities Management Group , 401 West 13th Street, Fort Worth , Texas 76102 (phone number 817-392-8088), within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements : Minority/Women's Business Documentation (for bids in excess of $25,000) Contractors Qualification Statement (AIA Form A305); including client references. Proposed Subcontractors and Suppliers Project Schedule Schedule of Values or Divisions 1 through 16 Breakouts Proof of insurability for Statutory Workers Compensation Insurance Submit the documents by 5 :00 PM on the fifth City business day from the proposed submittal date to Architectural Services , 401 West 131h Street, Fort Worth, Texas 76102 . Renovate Guinn Elementary School , Phase II December 2011 ./ 9. PROPOSED SUBCONTRACTORS: Acceptance of the bid 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 a Offerer 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 Offerers at the place designated for distribution of Bid Documents by the Notice to Offerers . The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a response to this request for sealed bids . Oral instructions or decisions unless confirmed by written addenda will not be considered valid , legal or bind ing. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Offerer 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: Offerers will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Cert ificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening 12 . TAXES : Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11 , enacted August 15, 1991 . 13 . PERMITS : Contractor shall apply for all City of Fort Worth Permits and for any other perm its required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate perm its may be required for each work locat ion. 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 bid. The Contractor will be respons ible for coordinating with City and utility companies for installation of utilities . 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 can 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 sect ion 01630 Product Options and Substitutions . 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 . Renovate Guinn Elementary School, Phase II December 2011 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. Renovate Guinn Elementary School, Phase II December 2011 TO: MR. DALE FISSELER, PE CITY MANAGER ATTN: PURCHASING OFFICE 1000 THROCKMORTON PROPOSAL Y OF FORT WORTH, TEXAS FOR: Renov te Guinn Elementary School, Phase II 1100 S. reeway Fort Wort Texas Project No. PW2006-12 Project No .. :O 82 Pursuant to the foregoing "I tructions to Offerers," the undersigned as thoroughly examined the plans, specifications and th site, understands the amount of rk to be done, and hereby proposes to do all the work d furnish all labor, equipment d materials necessary to fully complete all the work as provid in the plans and specificati s, and subject to the inspection and approval of the Director of Tra portation and Public Wor of the City of Fort Worth. Upon acceptance of this Proposal by t City Council, the idder is bound to execute a contract and, if the contract amount exceeds $25, 0.00, furnish ceptable Performance and/or Payment Bonds approved by the City of Fort Worth fo erformin and completing the Work within the time · stated and for the following sum, to wit: DESCRIPTION OF ITEMS Base Bi'/0 0 9. !JO o/ }.. Completion withi~v calendar The undersigned agrees to complete e Work within the calenda days specified above after the date of Notice to Proceed. A Proje Schedule will be submitted a required in the Instructions to Offerer. · The City reserves the right t accept or · reject any and all proposed for the above work. The , undersigned assures at its employees and applicants for emplo labor organization, subc ntractors or employment agency in either fu ishing or referring employee applicants to the undersigned are not discriminated against as pr of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth 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 lowf i der, non-resident bidders (out of state contractors whose corporate offices or principal place of usiness are outside of the State of Texas) that bid projects for construction, Renovate Gu in Elementary School, Phase II · March 2011 . ' TO: MR. DALE FISSELER, PE CITY MANAGER ATTN: PURCHASING OFFICE 1000 THROCKMORTON PROPOSAL CITY OF FORT WORTH, TEXAS FOR: Renovate Guinn Elementary School, Phase II 1100 S. Freeway Fort Worth, Texas Project No. TPW2006-12 Project No.:00382 Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish al! labor, equipment and materials necessary to fully complete al! the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF ITEMS Base s,,;,; 0 CJ. !)0 0 . / ;.. Completion withi~v calendar days after date of Notice to Proceed. 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 Offerer. · 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 Bil! 620 relat ive 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, Renovate Guinn Elementary School, Phase II March 2011 . . improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. IJ Non-resident vendors in (give state), our principal place of business, are required to be __ percent lower than resident bidders by state law. LI Non-resident vendors in (give state}, are not required to underbid resident bidders. B. I~ Our principal place of business or corporate offices are in the State of Texas. Within ten (10} days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars ($ N/A ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): {For bids in excess of $25,000) • I am aware that I must submit information the Director, Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted, Prime Construction Company Company Name By: Sign ~+ Jerry F. Moody President Printed Name of Principal Title Address: 8101 Valcasi Drive, Suite 101 Street Arlington, Texas 76001 Cfy Z~ Phone: 817-572-5550 Fax: 817-572-6354 Emai.l: jmoody @primeconstructionco .com Renovate Guinn Elementary School, Phase II March 2011 Receipt is acknowledged of the following addenda: Addendum No. 1: o 3 /o 8 /11 Addendum No. 6: 04/14/11 Addendum No. 2: 03/16/11 Addendum No. 7: 04 /18/11 Addendum No. 3: 03/25 /11 Addendum No. 8: --- Addendum No. 4: 04 / o 8 / 1 1 Addendum No. 9: --- Addendum No. 5: 04/13/11 Addendum No. 10: Renovate Guinn Elementary School, Phase II March 2011 -------··-------···-----------·· ---· --- . TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE Name of Purchaser, Firm or Agency: City of Fort Worth , Texas Address (Street & Number, P.O. Box or Route Number): 1000 Throckmorton City, State , Z ip Code: ~F~ort~W-'-o"'"'rt""'"h-"-'-T~e=xa=s"-'-76"""1"'""'0=2,__,_ ________ _ Telephone: (817) 392-8360 I, the purchaser named above, claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice from: All vendors Description of the items to be purchased , or on the attached order or invoice: All items except motor veh icles as listed below Purchaser claims this exemption for the following reason: Governmental Entity I understand that I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the state , city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used . I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of purchase, will be used in a manner other than expressed in this certificate and that upon conviction I may be fined not more than $500 per offense. \).,....,/ ~ Purchaser: ~ Title : Purchasing Manager Date : February 1, 2007 Note: This certificate cannot be issued for the purchase , lease or rental of a motor veh icle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID Sales and Use Tax "Exemption Numbers" or 'Tax Exempt" Numbers do not exist. This certificate should be fumished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Renovate Guinn Elementary School, Phase II December 2011 Classification AC Mechanic AC Mechanic Helper Acoustical Ceiling Mechanic Bricklayer/Stone Mason Bricklayer/Stone Mason Helper Carpenter Carpenter Helper Concrete Finisher Concrete Form Builder Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Helper Electrician (Journeyman) Electrician Helper Electronic Technician Acoustic Ceiling Helper Floor Layer (Resilient) Floor Layer Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled Lather Painter Painter Helper Pipefitter Pipefitter Helper Plasterer - Plasterer Helper 2009 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Hrly Rate Classification $25 .92 Plumber $15 .81 Plumber Helper $15.56 Reinforcing Steel Setter $18.54 Roofer $10.39 Roofer Helper $17.08 Sheet Metal Worker $13.45 Sheet Metal Worker Helper $13 .97 Sprinkler System Installer $14.03 Sprinkler System Installer Helper $16.10 Steel Worker Structural $12.43 .Concrete Pump Crane, Clamsheel, Backhoe, Derrick, $15.00 D"Line Shovel $11.50 Forklift $21.77 Front End Loader $15.32 Truck Driver $20.00 Welder $12.27 Welder Helper $18.00 Concrete Finisher Helper $10.00 Concrete Form Builder Helper $18 .53 Lather Helper $13.49 Metal Building Assembler . $16.59 Metal Buildinq Assembler Helper $11.21 Reinforcing Steel Setter Helper $10.47 Steel Worker Structural Helper $13 .24 Foundation Drill Operator $.17.00 $12.57 $9.98 $21 .14 $14 . 92 $17.24 $12 .85 Renovate Guinn Elementary School, Phase II December 2011 Hrly Rate $20.33 $14 .95 . $13.01 $16 .78 $12.33 , $17.49 $14.16 $19 .17 $14 .15 $19.28 $18.50 $17 .81 $12 . 96 $13.21 $15 .21 $17 .81 $12.55 $12 .14 $11 .72 $15 .00 $16.00 $12 .00 $11 .19 $13 .74 $22.50 General Decision Number: TX100059 08 /13 /2010 TX59 Superseded General Decision Number : TX20080059 Stat e: Texas Construction Type : Building Counties : Johnson, Parker and Tarrant Counties in Texas . BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories). Use current heavy a nd highway General Wage Determination f o r Pav ing Incidental to Bu i lding Construction in Tarrant County and for Paving and Utilities incidental to Building Construction in remaining Count i es.) Modification Number 0 1 2 3 4 BRTXOOOl-007 05 /01 /2009 Publication Date 03/12 /2010 03 /26 /2010 04 /02 /2010 06 /04 /2010 08/13 /2010 Rates BRICKLAYER ....................... $ 21.06 CARP1421-001 04 /01 /2010 Rates MILLWRIGHT ....................... $ 23 . 85 ELEC0020-004 06 /01 /2010 Rates Electricians: Cable Splicer ............... $ 26.41 Electrician ................. $ 24.25 IRON0263-001 06 /01 /2009 Rates IRONWORKER (Structural) .......... $ 21.60 * SFTX0669-001 04 /01 /2010 Rates SPRINKLER FITTER (Fire Sprinklers) ...................... $ 25 . 40 SUTX1989-001 11 /01 /1989 http://www.wdol.gov/wdol/scafiles/davisbacon/fX59.dvb Fringes 6.93 Fringes 7.25 Fringes 4.50+12.5% 4.50+12.5% Fringes 4.40 Fringes 15.85 Page I of 4 8/30/2010 Rates Acoustical Installer ............. $ 11.23 CARPENTER (Excluding drywall hangers, acoustical installers & batt insulators) ................. $ 12.27 doing drywall hanging only .. $ 10.00 CEMENT MASON /CONCRETE FINISHER ... $ 10 .1 6 DRYWALL FINISHER /TAPER ........... $ 11 .18 GLAZI ER .......................... $ 11 . 3 7 LABORER (Including Mason Tenders & Pipelayers) ............ $ 7.46 Landscape Laborer ................ $ 7.25 Mechanical Insulator ............. $ 10.92 PAINTER (Brush and Spray) (exc luding Drywall Finishing) .... $ 10.47 PLASTERER ........................ $ 11. 50 Plumbers and Pipefitters (Including HVAC work) ............ $ 13.34 Power equipment operators: Backhoes .................... $ 12 . 30 Cranes ...................... $ 14. 26 Foundation Drill Operators .. $ 8.54 Graders ..................... $ 11.69 ROOFER, Including Built Up, Composition and Single Ply Roofs ............................ $ 9.50 Sheet metal worker (Including HVAC Duct Work) .................. $ 12.63 Fringes 2.22 .76 2 .2 1 1. 31 1. 00 1. 00 2.21 2 .15 1. 82 2.44 1. 80 .99 2.10 WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental . . WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. ========------=-------------------------=----==============-==-= Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses {29CFR 5. 5 {a) (1) {ii)). http://www.wdol.gov/wdoVscafiles/davisbacon/fX59.dvb Page 2 of 4 8/30/2010 In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W . Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester 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. http://www.wdol.gov/wdoVscafiles/davisbacon/TX59.dvb Page 3 of 4 8/30/2010 Page 4 of 4 Washington, DC 20210 4.) All decisions by the Administrative Review Board are final . =-=------------------------------------------------------------- END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/fX59.dvb 8/30/2010 - - - 11.0 SPECIAL INSTRUCTIONS TO BIDDERS ON FEDERALLY FUNDED PROJECTS 12 .1 If this project is assisted in whole or in part by any federal funds, the work order will be subject to a Disadvantaged Business Enterprises (DBE) goal. 12 .2 This project is subject to the Davis-Bacon Act (DBA), Copeland Act, Contract Work Hours Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA). FLSA sets out the requirements for payment of minimum wages, overtime pay, child labor standards and prohibit wage discrimination on the basis of sex. DBA specifies the minimum wages to be paid the various classes of laborers and mechanics employed on the project. CWHSSA sets a uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in excess of 40-hours per week. The Copeland Act prohibits kickbacks being paid by the employee to the employer and requires the weekly submission of payrolls. FAIL URE TO COMPLY WITH THE LABOR ST AND ARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS AND/OR WITHHOLDING OF INSURED ADVANCES. 12.3 The contractor should inform bis foreman and subcontractors that this project is subject to periodic employee wage interview visits by City staff and/or federal agencies, such as HUD or OOL, to insure compliance with the aforementioned regulations. These federal officers or City staffs are not to be prevented from conducting such interviews. 12.4 The suggested payroll form is WH-347, Payroll. HUD prior to use must approve all other payroll forms. Payrolls must be submitted to the Housing and Economic Development Department, Contract Management Division on a weekly basis within seven days after a pay period end. A pay period is seven (7) consecutive days. Payrolls must be original and must be completely executed. The signature must be that of owner, partner, officer of authorized individual, and must be an original ink signature. It is suggested that blue ink be used. The certification dates must cover the seven (7) day period. "A CERTIFICATION FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES" form must be submitted. 12.4.1 The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this contract are to be maintained during the course of work and preserved for a period of three years thereafter. 12.4.2 Liquidated damages will be assessed for failure to pay overtime. The assessment amount is $10 per day per violation. Overtime begins on this project after 40 hours per week. Additionally, wage restitution must be paid to any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the prescribed hourly rate of pay. 12.4.3 In instances, where the owner of a company performs work on the project, that owner must show hirnselfi'herself on the payroll and must show the hours worked each day and total hours for the week. All persons who perform work on the project must be shown on the payroll. The address and social security number for each employee must be included the first time that employee appears on the payroll and any time their address change. 12.4.4 Payrolls are required for weeks in which no work is performed labeled "NO WORK PERFORMED". 12.4.5 The first payroll furnished must show "INITIAL" in the payroll number block. Likewise, the last payroll must show "FINAL". Subsequent payrolls following the initial payroll must be numbered sequentially beginning with number 2, including payrolls labeled "NO WORK PERFORMED". 12.4 .6 Deduction authorizations, signed by employees, must be provided for any deduction with the exceptions of FICA and federal tax . 12.5 Apprentices may be employed on the project; however, the Bureau of Apprenticeship & Training must certify them and the allowable ratio of apprentices to journeyman must not be exceeded. 12.6 Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage decision. The decision, which is applicable to this project, is TXI000 59 . The wage decision must be posted at the construction site along with required posters for the duration of construction activity. Any classification needed which does not appear on the wage decision, must be requested and approved by the U.S . Department of Labor prior to the use of that classification on the project. 12.5 .1 If the work classification(s) that you need does not appear on the wage decision, you will need to request an additional classification and wage rate. You are required to identify the classification you need and recommend a wage rate for DOL to approve for the project. For primary contractors this request can be submitted directly to DBA payroll monitor. For subcontractor, the request should be submitted directly to the primary contractor. 12.5.2 Any person who is employed on a piecework basis must be shown on the payroll . The hours worked each day and total hours for the week must be shown . The hourly rate of the piece worker must equal or exceed the prescribed hourly rate for the particular work classification. 12.5 .3 Dual work classifications within the same payroll period are acceptable provided that a signed verification of the dual work classification is furnished from the employee. When dual work classifications are used submit the form "EMPLOYEES STATEMENT OF WORK VERIFICATION". 12.5 .4 Unless otherwise specified by the applicable wage decision, the classification of "helper" is unacceptable . Employees must be classified and paid based on the work they perform, e.g., if a person performs the duties of or uses the tools of a plumber, that person must be classified as a plumber, not as a plumber's helper (the plumber classification is used there as an example only). 12 .5.5 The general contractor will be required to certify that all laborers and mechanics employed on the project (including those employed by subcontractors) have been paid hourly rates as prescribed by the applicable laws. - 12.5.6 Work service requested under this project will have a wage decision provide per work service request. The date of the work service or the work order will "lock-in" the wage decision for that work service request. 12.5.7 Failure to comply will result in withholding full or partial payment. 12.5.8 Any questions concerning labor requirements should be directed to the contact(s) below. Questions regarding DBA requirements should be directed through the general contractor who is ultimately responsible for the fulfillment of these obligations. 12.5.9 Wage decisions may be provided by the Compliance Division in the Housing and Economic Development Department through sherry Johnson, Contract Compliance specialist at 817-392-7333; or Alex Rivera Rodriguez, Contract Compliance Specialist at 817-392-8365. 12.0 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROVISIONS 12.1 If this project is assisted in whole or in part by any federal funds, the work order will be subject to a Disadvantaged Business Enterprises (DBE) goal. 12.2 All proposers shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of DBE in the procurement of services with fees of $25,000 or more by establishing a (DBE) goal. 12.3 The DBE goal on this project is ___ _ 12.4 The information shall be submitted with the proposal and shall include: (1) the name, address and telephone number of each DBE; (2) the description of the work to be performed by each DBE and (3) the approximate dollar amount/percentage of the participation. 12 .5 If the DBE firm(s) located within the State of Texas is located in the north region it must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA). If the firm is DBE certified by another agency of the Texas Uniformed Certification Program (TUCP), it must seek M/WBE certification by the NCTRCA. Those firms outside of the State must be certified by the NCTRCA as well. All DBE 's must have certification status with the (NCTRCA) in order to be counted towards the DBE goal on federally funded projects prior to recommendation for award being made to the City Council. 12.6 If a proposer fails to meet the stated DBE 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 DBE participation . 12.7 Failure to submit the DBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated DBE goal may render the proposal non-responsive. The DBE utilization will be part of final weighted selection criteria. 13.0 OTHER REQUIREMENTS 13.1 If this project is assisted in whole or in part by any federal funds, any work orders will be subject to the following applicable federal laws: 13 . l.l Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations") 13.1.2 Title I of the Housing and Community Development Act of 1974 as amended (42 use 5301 et seq.) 13.1.3 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24 13 .1.4 Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) 13.1.5 Title Vill of the Civil Rights Act of 1968 (42 USC 3601 et seq.) 13.1.6 Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 13.1.7 The Age Discrimination in Employment Act of 1967 (29 USC 621) 13 .1.8 The Age Discrimination Act of 1975 ( 42 USC 6101 et seq.) 13 .1.9 Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable 13.1.10 The Americans with Disabilities Act of 1990 (42 USC 12101) 13 .1.11 National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 13.1.12 The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq .) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738 . In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. 13 .1.13 The hnrnigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees 13 .1.14 Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F - - 13 .1.15 Regulations as 24 CFR Part 87 related to lobbyin g, including the requirement that certifications and disclosures be obtained from all covered persons 13.1.16 Executive Order 12549 and 24 CFR Part 5.105 (c) pertammg to restrictions on participation by ineligible, debarred, or suspended persons or entities. 13 .2 Section 3 of the Housing and Urban Development Act of 196 8, as amended, (12 USC 170 l u et seq .) and its related regulations at 24 CFR Part 135 13 .2.1 If the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135 .38 ("Section 3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause") Such covered contracts or activities include CDBG-funded construction, reconstruction, conversion or rehabilitation of housing as set forth at 24 CFR 135.5. A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C . 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible , be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions , the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135 , and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135 . F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Detennination and Education Assistance Act (25 U.S .C. 450e) also applies to the work to be performed under this contract . Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians , and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7 (b)." 13 .2.2 City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135 , and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. 14.0 OTHER LAWS THAT MAY APPLY 14. l Contractor covenants and agrees that its officers, members, agents, employees, Program participants and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended , and the CDBG Regulations , as amended, (24 CFR Part 570 et seq.). Contractor further promises and agrees th at it has read, and is familiar with, the terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG 15.0 NONDISCRIMINATION 15 .1 Contractor will not unlawfully discriminate against any person or persons because of sex, race, religion, age , disability, color, national origin, or familial status , nor will Contractor permit its officers, members, agents , emplo yees , subcontractors or Program participants to engage in such discrimination . 15 .2 Contractor covenants that neither it nor any of its officers, members, agents, employees , Program participants or subcontractors, while engaged in performing this Contract, shall, in connection with the employment , advancement or discharge of employees or in connection with the terms, conditions or pri vi le ges of their employment , discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. 15.3 Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors , Program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 15.4 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors . Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify .and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 15.5 This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17 , Article ill, Division 3 "Discrimination in Employment Practices", of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members , agents , employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or Program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors . ( 1) (2) (3) * WEATHER TABLE Month Average Inches of Days of Rainfall Rain January 7 February 7 March 7 April 8 May 8 June 6 July 5 August 5 September 7 October 5 November 6 December 6 I ANNUALLY I 77 I Mean number of days rainfall, 0.01" or more Average normal precipitation , in inches Mean number of days 1.0 inch or more Less than 0 .5 inches 1.80 2 .36 2.54 4 .30 4.47 3.05 1.84 2.26 3.15 2.68 2.03 1.82 32 .30 I Snow/Ice Pellets 1 * * 0 0 0 0 0 0 0 * * 1 I This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32 deg 54 m in north , longitude 97 deg 02 min West, elevation (ground) 551 ft. Average number of days of rain ; -snow, and ice are based on records covering 27 years . Precipitation is based on record of 1941-1970 period This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days . If the site records indicate that the Contractor was unable to carry out operations due to weather , it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month , the contract period will be adjusted by Change Order. - Renovate Guinn Elementary School , Phase II December 2011 City of Fort Worth, Texas Transportation Public Works 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 Cond itions , 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 Ame.ndment 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 six originals , with all required attachments , including required bonds and insurance certificates , by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond . A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the bidder shall examine carefully the, plans, specifications, special provisions , and the form of contract to be entered into for the work contemplated . He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work . Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed . A-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: The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work . Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor, or Owner, and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon . Such Interpretations shall be consistent with the purposes and intent .of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architeqt 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 . 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 6f issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings ; Technical Specifications ; Special Provisions ; Supplementary General Conditions ; General Conditions ; and, Construction Contract. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS : The Architect will furnish to Contractor free of charge 15 sets of working · Drawings and 15 sets of Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him . All Drawings, Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the Owner. They are not to be used on any other project and , with the exception of one Contract set for each Party to the Contract, are to be returned to the Owner on request at the completion of the work . General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011) Page 1 of 27 A-10 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) POLICY: The City of Fort Worth has goals for the participation of Minority and Women Business Enterprises (M/WBE) in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The C ity pol icy and procedures to be followed in subm itting bids is included . The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Proj ects . A-11 CORRELATION AND INTENT: In general , the drawings ind icate dimension, locations, positions , quantities , and kinds of construction ; the specifications indicate the quality and construction procedures required. Work ind icated 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 ihe 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-sca le 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. A-12 AGE: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees , program participants or subcontractors , while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms ; conditions or privileges of their employment, discriminate against. persons because of their age except on the basis of a bon·a fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers , members , agents , employees, subcontractors, program participants , or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of th is agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA provisions and any other applicable federal, state and local laws concerning disability and will defend , indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: Where the term "Architect" is used in the "General Conditions of the Contract for Construction", it shall refer to the Director , Transportation and Public Works or his designated Building Construction Manager. The Director, Transportation will designate a Project Manager and Building Construction Manager (BCM) to administer this contract and perform the functions of the "Architect" as indicated in the General Conditions . The design architect or ·engineer may also be designated to perform the duties of "Architect". The term "City" and "Owner" are used interchangeably and refer to the City of Fort Worth as represented by the Director of Transportation and Public Works or his designated representative. B-2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the proj_ect 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 allocatable to the work not completed and further reduced by the amount of payments , if, any otherwise made . Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim . In the event of any dispute or controversy as to the propriety or allowab ility of all or any portion of such claim under this paragraph , such dispute or controversy shall be reso lved and be decided by the City Coundl 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 th is contract. General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) - ---- B-3 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or his authorized representative . Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Building Construction Manager 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 . B-5 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents . The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if 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 Building Construction Manager will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts . B-6 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor, subject to the final decision of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-7 AUTHORITY TO STOP WORK: The BCM will have authority to reject work that does not conform to the Plans and Specifications . In addition, whenever, in its reasonable opinion, the BCM considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications , the BCM 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-8 MISCELLANEOUS DUTIES OF ARCHITECT Shop Drawings. The Architect will review Shop Drawings 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 and Field Orders for Minor Changes in the Work will be issued by the Owner Guarantees . The Owner will receive all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner five copies of each guarantee . Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion . The Architect will conduct the final acceptance inspection and issue the Certificate of Completion. Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation , operation, and maintenance brochures and manuals required of the Contractor. B-9 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 Department of Transportation and Public Works , or shall appoint a successor Architect against whom the Contractor makes no reasonable objection . SECTION C OWNER C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director and of Transportation and Public Works Department and members of the Facilities Management Division . Generally speaking a designated representative will be a Building Construction Manager identified from within the Facilities Management Group 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 he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not bind ing upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys . The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011) C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the BCM . C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and progress . The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents . C-5 PROGRESS INSPECTIONS: The Owner 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 b·asis of on -site observations and reports concerning the progress and quality of the work , the Owner wjll approve and authorize the Contractor's applications for payments . C-6 AUTHORITY TO STOP WORK: The Own~r will have authority to reflect work that does not conform to the Plans and Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications , the Owner will have authority to require the Contractor to stop the work or any portion thereof, or 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 . 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 th is 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 and signed by the Contractor, and accept ed, 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 his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term "subcontract" as used herein includes purchase orders . Contractor agrees to photocopy such documents as may be requested by the city . The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code . SECTION D CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative . D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor, not as agent, or employee of the City . Contractor shall have exclusive control of and the exclusive right to control the details of the Work and services performed hereunder, and all persons performing same, and Contractor shall be solely responsible for the acts of its officers , agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall not apply . D-3 SUBLETIING: It is further agreed that the performance of this Contract, either in whole or in part , shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Worth . D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions of the Contract, Drawings , Specifications , Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings, Specifications and Interpretations . · D-5 SUPERVISION: The Contractor shall supervise and direct the Work, using his best skill and attention . He 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-6 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 successful low bidder will use its reasonable best efforts to hire local -laborers, workmen and materialmen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers , workmen or materialmen from outside local area . General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011) The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work any unfit person or anyone riot skilled in the task assigned to him. D-7 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 its 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 st day after the date the City receives the information, as to whether good cause exists to bel ieve that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved . An issue relating to an alleged violation of Section 2258 .023 , Texas Government Code , including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the 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 its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration . The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained . The Contractor and each subcontractor shall , for a period of three (3) years following the date of acceptance of the Work , maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in th is 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 its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. On projects where special wage rates apply (e .g . Davis-Bacon) the Contractor agrees to meet all requirements of such programs . D-8 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. 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-9 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction , Excise and Use Tax. D-10 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 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 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, General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011) Orders or Directives , or Regulations without furn ishing Notice to the Owner , the Contractor will assume full responsibility therefore and bear all costs attributable thereto . 0-11 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 ta xes . The Contractor's handling costs on the site, labor , installation costs , overhead , profit and other expenses contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance . The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct, but he will not be required to employ persons against whom he makes a reasonable objection . If the cost, when determined , is more than or less than the allowance , the Con tract 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-12 SUPERINTENDENT: The Contractor shall employ a competerit 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 Contractor. and 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 . 0-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their agents and employees , and all other persons performing any of the Work under a contract with the Contractor. D-14 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 arid complete the Work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. D-15 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract, shall prepare and submit for the Architect's approval, an estimated progress schedule for the Work . The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work , subject to the Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The Contractor shall submit an updated progress si::hedule the BCM at least monthly for approval along with the Contractor's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications , Addenda, approved Shop Drawings, Change Orders , and other Changes and Amendments in good order and marked to record all changes made during construction . These shall also be available to the Architect. The Drawings , marked to record all changes made during construction, shall be delivered to the Owner upon completion of the Work . The Architect will prepare , and provide to the Owner, one complete set of reproducible record drawings of the Work . · 0-17 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 . 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 . The Contractor shall review, stamp with his approval 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, six 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 he has determined and verified all field measurements, field construction criteria , materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing given in the Contract Documents . The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions . General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) 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 Arch itect 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 . Arch itect's approval shall not relieve the Contractor from respons ibility for errors or omissions in the Shop Drawings or Samp les . No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples . D-18 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 Council of the City of Fort Worth , the entire site of the Work shall be under the exclusive control , care and respons ibility 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 his own expenses all injuries or damages to any portions of the Work occasioned by any of the above , caused before acceptance . D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of his Work that may required to make its several parts fit together properly , and shall not endanger any Work by cutting , excavating or otherwise altering the Work or any part of it. D~20 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish . At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "Broom-clean " or its equivalent, except at otherwise specified . In addition to removal of rubbish and leaving the buildings "broom-clean", Contractor shall clean all glass, replace any broken glass, remove stains , spots, marks and dirt from decorated work , clean hardware, remove paint 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-21 COMMUNICATIONS: As a general rule , the Contractor shall forward all communications to the Owner through the BCM . D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E SUBCONTRACTORS E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site . The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS: The bidder shall furnish a list of the names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements , the names of the Subcontractors proposed for the principal portions of the Work . Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation , has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization. If, prior to the award of the Contract, the Owner or Architect has an objective to any person or organization on such list, and refuses to accept such person or organization , the apparent low bidder may, prior to the award, withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at its discretion , accept the bid or he may disqualify the bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub- subcontractors) which shall contain provisions that: General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) 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 th ereof will not prejud ice such ri ghts ; 2 . Require that suc h Work be performed in accordance with the requ irements of the Contract Documents ; 3 . Require subm ission to the Contractor of applications for payment under each sub contra ct to which the Contractor is a party , in re asonable time to enable the Contractor to apply for payment; 4. Requ ire that all claims for add itional costs , extens io ns 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 th e manner provided in the Contract Documents for li ke claims by the Contractor upon the Owner; 5 . Waive all rights the contracting parties may ha ve against one another for damages caused by fire or other perils covered by the property insurance , except such rights , if any, as th ey may ha ve to proceeds of such insurance held by the Owner, and , 6 . Obl igate 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 pro visions are physically included in the sub- contract. E-4 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE): Should the base bid be less than $25 ,000, the requ irements of this section do not apply . General : In accordance with City of Fort Worth Ord inance No 15530 (the "Ordinance "), ·the City of Fort Worth sets goals for the participation of minority and women business enterprises (M/WBE) in City contracts. Ordinance No 15530 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 brea ch of contract. Prior to Award: The M/WBE documentation required by the procurement solicitation must be submitted within five city business days after bid opening . Failure to comply with the City's M/WBE 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 M/WBE subcontractors and or suppl iers prior to issuance of the Notice to Proceed . Contractor shall also provide monthly reports on util ization o.f the subcontractors to the M/WBE Office and the Construction Manager. Contractor must provide the City with complete and accurate information regarding actual work performed by an M/WBE 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 it's possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or in itiating 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 thari three (3) years. The failure of an offeror to comply with th is ordinance where such non-compl iance constitutes a material breach of contract as stated herein , may result in the offeror being determined to be an irresponsible offeror and barred from parti ci pating in City work for a period of time of not less than one (1) year. The Contractor may count toward the goal any tier of MWBE subcontractors and/or suppliers. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the j oint 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 M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order is $50,000 or more, the M/WBE Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall : 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with the bid/proposal or during negotiation, without prior submission of the proper documentation for review and approval by the MWBE Office . 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented in its bid/proposal to the City that it alone would perfo rm 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 12 .3 and 12.4 of the OOrdinance, exclusive of the time requirements stated in such subsections . 3. The Contractor shall submit to the M/WBE Office for approval an M/WBE REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract , the Contractor wishes to change or delete one or more M/WBE subcontractors or suppliers . Justification for change of subcontractors may be granted for the following : General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011) 1. An MNVBE 's failure to provide Workers ' Compensation Insurance evidence as required by state law; or 2. An MNVBE 's-failure to provide evidence of general liability or other insuranc~ under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1) the limits required of the Contractor by the City; or 2) the limits contained in the Contractor's standard subcontract or supply agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non- MNVBE subcontractor's/subconsultant's or suppliers; or 3 . An MWBE 's failure to execute i he Contractor's standard subcontract form , if entering a subcontract is required by the Contractor in its normal course of business , unless such failure is due to : a) A change in the amount of the previously agreed to bid or scope of work ; or b) The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month ; or c) Any !imitation being placed on the ability of the MNVBE to report violations of the Ord inance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the Contractor's surety company or insurance company. d) Mediation shall be a consideration before .the request for change is approved . 4. An MNVBE defau lts in the performance of the executed subcontract. In this event , the Contractor shall: a) Request bids from all MNVBE subcontractors previously submitting bids for the work , b) If reasonably practicable , request bids from previously non-bidding MNVBEs , and c) Provide to the MNVBE office documentation of compliance with (a) and (b) above . 5. Any reason found to be acceptable by the MNVBE Office in its sole discretion . Within ten days after final payment from the City the Contractor shall provide the MNVBE Office with documentation to reflect final participation of each subcontractor and supplier, including non-MNVBEs , 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 his subcontractors . If tt:Je Owner refuses to issue a Certificate for Payment for any C13Use which is the fault of the Contractor and not the fault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued , for his Work to the extent completed, less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors . The Owner may, on request and at its discretion, furnish to any Subcontractor, if practicable , information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR 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 0MB Circular A-110 , as appropriate. Each subcontractor must agree to comp ly 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 . General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) 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 IJ'.'.Ork, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense, and if any judgment against the Owner arises therefrom , the Contractor shall pay or satisfy such judgment 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 CUTIING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutti11g, fitting or patching of his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents . The Contractor shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work arid shall not cut 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 . F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation and Public Works shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal, State, and County and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations , or Directives, whether by himself, his employees, agents or subcontractors. G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort 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 General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) 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 responsib le 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 and submit a copy of updated schedule to the Construction Manager weekly . 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 its own expense , the Owner, its 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, its officers , agents, employees , subcontractors , licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part. by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and aga inst 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 iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2, this contract shall be binding upon and insure to the benefit of the parties hereto , their Successors or Assigns . Contractor shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be void . 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 t9 an officer of the corporation for whom it was intended, or if qelivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25 ,000 . The Contractor agrees , on the submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the .Work , such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth . Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local , state and federal statutes . To be an acceptable surety on the bond the name of the surety should be included on the current U. S . Treasury List of Acceptable Securities [Circular 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 its capital and surplus . Such a surety must reinsure any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized , accredited, or trusteed to do business in the State of Texas . Should any surety for the contracted project be determined unsatisfactory at any time during same, the Contractor shall immediately provide a new surety bond satisfactory to the City. If the contract amount is less than $25 ,000, payment shall be made in one lump sum 30 calendar days after completion and acceptance of the Work . G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other remedy he may have , enter the site and make good such deficiencies. In such case an appropriate Change Order shall be General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) issued deducting from the payments then or thereafter due the Contractor the cost of co rrecting such deficiencies , including the cost of the Arch itect's additional services made necessary by such default, neglect or failure . If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any pa t ent rights and shall save the Owner harmless from loss on account thereof and shall be respons ible for all such loss when a particular design , process or the product of a particular manufact urer or manufacturers is specified ; however, if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent , he shall be responsible for such loss unless he promptly gives such information to Owner. G-11 TESTS: If the Contract Documents, Laws , Ordinances , Rules , Regulations or Orders of any public authority having jurisdiction require any Work to be inspected , tested or approved , the Contractor shall give the Owner timely notice of its readiness and the date arranged so the Architect may observe such inspection , testing or approval. The Owner shall bear all costs of such inspection, tests and approvals unless otherwise provided . If after the commencement of the Work , the Owner determines that ahy work requires special inspection , testing or approval not included above , the Owner, 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 preced ing 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 secu re certificate of inspection, testing or approval , and three copies will be promptly delivered by him to the Owner. The Architect will review the certificates and forward one copy of each with his recommendation (s) to the Owner. If the Owner wishes to observe the inspections, tests or approvals required by this Section , they wilrdo so promptly and, where practicable , at the source of supply. Neither the observations of the Architect or the Owner in their administration of the Construction Contract , nor inspections , tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents . G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the Contractor may be required to perform the Work while the existing utility is in service . The existing utility service may be interrupted only when approved by the Owner. When it is necessary to interrupt the existing utilities , the Contractor shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted . The interruption lime 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 cond itions shall be referred to 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 . Prior to commencing work, the Contractor shall carefully compare and check all Architectural, Structural , Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the Contractor's sole expense . G-14 MEASUREMENTS: Before ordering any material or doing any work, the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings . Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-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 . General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) Location of existing underground lines , shown the Drawings are based on the best available sources, but are to be regarded as appro xim ate only . Exercise extreme care in locating and identifying these lines before excavation in ad jacent 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 ce iling 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 und er the subcontract so that the subcontracting thereof will not prej udice such rights; 2 . Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible . This includes hea t ing registers , light fi xtures , eq uipment, etc. · If because of the non-related si zes of the various materials and locations of openings , etc., it is not poss ible to accomplish the abo ve, 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 wo rk more than necessary. All damaged work shall be replaced , repaired and restored to its original cond ition 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 in corporated 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 materia ls 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, p1p1ng, ductwork , etc. are diagrammatic and job conditions may not always perm it their installation in the location shown . When this situation occurs, it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference . The Contractor will be held responsible for the relocating of any items without first obtaining the Architect's approval. He shall remove and relocate such items at his own expense if so directed by the Architect. Where possible , uniform margins are to 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 structu res beyond their safe carrying capacities by placing of materials , equipment, tools , machinery or any other item thereon . No loads shall be placed on floors or roofs before they have attained their permanent and safe strength . G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials , products , processes , equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site . Six copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is begun . G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the Work . At completion of work , the General Contractor shall , immediately prior to final inspection of complete building, execute the following final cleaning work with tra ined janitorial personnel and with material methods recommended by the manufactures of installed materials . 1. Sweep and buff resil ient floors and base, and vacuum carpeting . 2. Dust all metal and wood trim and similar finished materials . 3. Clean all cab inets and casework . 4 . Dust al l ceilings and walls . 5. Dust, and if necessary wash , all plumb ing and electrical fixtures . 6. Wash all glass and similar non-resil ient materials . General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011 ) 7. All hardware and other unpainted metals shall be cleaned and poli she d 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 bui lding , 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 , pol is hing , scal ing , wa xi ng and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11 . Burning : Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period . If serious problems or complaints arise due to air-borne dust, or when directed by the Architect , operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen . All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for 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 ele'ctric 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 , parallel to adjacent surfaces or plumb for vertical surfaces . Care should be exercised not to damage any work that is to remain . At no time shall any structural members be cut without written consent from the Architect. 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 W x 11 ", except pull out sheets may be neatly folded to 8 Y, "x 11 ". Manuals shall be bound in plastic covered, 3 ring , loose leaf binder with title of proj ect 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. 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 , other materials. Submit six copies of Maintenance Manual , prior to request for final payment. Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications . This requirement shall be scheduled just prior to and during the initial start up . After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item . General Cond itions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project , pri or to final payment, guarantees required by techn ical divisions of Specifications shall be properly executed in quadrupl icate by sub contractors and submitted through the Contractor to Architect. Delivery of guarantees shall not re lieve Contractor from any obligation assumed under Contract. The Contracto r 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 his successor(s ) in interest. The Contractor agrees to warrant his work and materials provided in accordance with th is contract and the terms of the Techn ic al Specifications contained herein . Unless supplemented by the Technical Specifications or the manufacturer's normal ext ended 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 workmansh ip 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 perm itted 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 actua ll y 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: At the Contractor's option, he may 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. H-1 DEFINITIONS SECTION H CONTRACT TIME The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner . The Date of Commencement of the Work is the date established in the Notice to Proceed . If there is no notice to proceed , it shall be the date of the Agreement or such other date as may be established therein . The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents , so the Owner may occupy the Work or designated portion thereof for the use for which it is intended . Final acceptance of the completed work or any portion thereof can be made only by the Assistant City Manager , and no other form of acceptance will be binding upon the Owner. General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011) 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 BCM 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 prohibi ting the Contractor from working on Saturdays if he so desires . Legal holidays are defined as being New Year's Day , Independence Day, Labor Day, Thanksg iving Day, Christmas Day , Memorial Day , and Veteran 's 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 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 any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire , unusual delay in transportation , unavoidable casualties or any causes beyond the Contractor's control , or by any cause which the Architect determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time . All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived . If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable . H-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time provided for) shall be made to the Contractor for damages because of hindrances or delays from an cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable, and the Contractor agrees that he will make no claim for 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 its correctness as the Architect may require . Each item in the Schedule of Values shall include its proper share of overhead and profit. This Schedule, when approved by the Architect and the Owner, shall be used as a basis for the Contractor's Applications for Payment. 1-3 ADJUSTMENT OF QUANTITIES 1-4 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 of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule . If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse 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 th 9t 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 cit 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 . General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011) 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. 1-5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above , the 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 BCM '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 Director of the Department of Transportation and Public Works. For contracts less than $400 ,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10 % of each such estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth . For con tracts in t;ixcess of $400,000, the Owner will retain only 5% of each estimate until the final estimaie is approved and work accepted by the City Council of the City of Fort Worth . 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 . 1-6 PAYMENTS WITHHELD: The BCM may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section. The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) 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 . NOT USED 1-7 1-8 LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows: Amount of Contract $15,000 or less $15,001 to $25,000 $25 ,001 to $50,000 $50,001 to $100 ;000 $100 ,000 to $500,000 $500,001 to $1,000,000 $1 ,000 ,001 to $2,000,000 $2 ,000 ,001 to $5 ,000,000 $5,000 ,001 to $10,000,000 over $10,000,000 Liquidated Damages Per Day $45 $ 63 $105 $154 $210 $315 $420 $630 $840 $980 General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) 1-9 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the BCM should fail to issue any Certificate for Payment within seven days after re cei pt of the Contractor's Application for Payment , if the Contractor's Application for Payment , or if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the amount thereof within the period of time specifie d , 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 . 1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet fill provisions for Project Closeout. When the Contractor determines that the Work is substantially complete , the Construction Manager shall inspect the project with the Contractor and prepare a "Prelim inary Punch List". When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete , he then will prepare a Certificate of Substantial Completion (G704) which , when approved by the Owner, shall allow the Contractor to request a Certificate of Occupancy which will establish the Date of Substantial Completion . The Certificate of Final 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 "fi nal punch list". The Contractor shall complete the remaining work listed therein within 60 calendar days . When the Certificate of Occupancy has been issued , the retainage will 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 to2.5%. Should the Contractor fail to complete all contractual requirements of the contract , including submittals and final pay request within the fixed time, the contract time will again commence. Should the Contractor fail to complete the work within the contract duration , liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection , the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payment: 1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls , bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible , have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment (G707), if any, to final payment, 3) Contractor's Affidavit of Release of Liens (G706A), and , 4) Other data establishing payment or satisfaction of all such obligations, such as rece ipts, releases, and waivers of liens arising out of the Contract, to the extent and in such fonm 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 Contractor's Affidavit of Release of Liens , the Contractor may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him aga inst 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 final acceptance of the Project by the City of Fort Worth . The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other fonm of acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within fifteen days following acceptance. 1-11 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 General Conditions for Facil ity Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011) of his organization at the site whose duty shall be the prevention of accidents . This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage , injury or loss to : (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein , whether in storage on or-off the site , under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors; and (3) Other property at the site or adjacent thereto , including trees, shrubs , lawns, walks , pavements , roadways , structures and utilities not designated for removal, relocation or replacement in the course of construction . Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against 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 hi"s own expense , all injuries or damages to any portion of the Work. occasioned by any of the above , caused before its completion and acceptance . The Contractor shall comply with all applicable Laws, Ordinances, Rules , Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 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 him or for whose acts he may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part ofthe Work to be loaded so as to endanger its safety. J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work . Each Contractor, employee and visitor at any construction site included in the ·contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors. Contractor shall provide ten hard hats for use by the consulting Architects and Engineers and visitors . J-4 EMERGENCIES: In any emergency affecting the safety of persons or property , the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in 'Changes in the Work. J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment _used in performing required work so as to insure the safety of his workmen, City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work , the Contractor shall remove all his wastes and rubbish from and about the work area, as well as his tools , equipment and surplus materials and shall leave the area as clean and free of spot, stains, etc., as before the work was undertaken. J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements . If the Proposal requires, the Contractor shall include a per-unit cost for trench safety measures in his bid. If not included in the Proposal , the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values . SECTION K -INSURANCE K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved . The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's Compensation. K-2 WORKERS' COMPENSATION INSURANCE 1) General General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) a) b) c) d) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state l;3w. No Notice to Proceed will be issued until the Contractor has complied with this section. 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). By signing this Contract or providing or caus ing 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 carfier 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 . The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions : a) Certificate of Coverage ("certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission , or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project , for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person'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. 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 its employees providing services on the project, for the duration of the project; General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011) ,, 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 him , the City of Fort Worth and any Subcontractor performing work covered by this Contract, from claims of damage which may arise from operations under this Contract, including blasting , when blasting is done on , or in connection with the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability : $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage . Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in connection with this Contract. 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 1,mless such are approved by the City. 3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Containing Materials , the Contractor, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance as follows : $1 ,000,000 per occurrence ; $2 ,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation, the Contractor shall procure , pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm , hurricane, hail, riot, explosion , civic commotion, smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 100% of the Contract Sum. · The policy shall include coverage for materials and supplies while in transit and while being stored on or off site . If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. · Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered . General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011) Upon completion of the Work , the Contractor shall notify the City of Fort Worth in writing before terminating this insu rance . K-5 PROOF OF CARRIAGE OF INSURANCE : The Contractor shall pro vide a certificate of insurance documenting the Transportation and Public Works Department , City of Fort Worth as a "Certificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance . More than one certificate may be required of the Contractor depending upon the agents and /or insurers for the Contractor's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance policies . 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3). Insurers of policies maintained by Contractor and its subcontractor(s), if applicable , shall be authorized to do business in the State of Texas , or otherwise approved by the City of Fort Worth , and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned . Any company through which the insurance is placed must have a rating of at least A:VII , as stated in current ed ition 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 Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation , non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. · 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein . 8) The City of Fort Worth shall be entitled, upon request and without incurring expense , to review the insurance policies including · endorsements thereto and , at its discretion . to require proof of payment for policy premiums . 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein . 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the C ity in a timely manner. 11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herei_n 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, Department of Transportation and Public Works . 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 : 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 General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) 3) by cost and a mutually acceptable fixed or percentage fee . If none of the methods set forth herein above is agreed upon, the Contractor, provided he receives a Change Order, shall promptly proceed with the Work involved . The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings , including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases, the Contractor shall keep and present, in such form as the Architect shall prescribe , an itemized accounting together with appropriate supporting data . Pending final determination of cost to the Owner , payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after the Contract has been executed , the Architect, requests a price proposal from the Contractor for a proposed change in scope of the work , Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing . The Architect shall review the price quotation and if approval is recommended , forward the proposed change order request and price proposal to the Owner for approval. If approval is not recommended , the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. Contractor is advised that according to City of 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 $25 ,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 un it 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 8, where the Contract was not at fault , or (3) any written order for a minor change in the Work , the Contractor shall make such claim . L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim . This notice shall be given by the Contractor before proceeding to execute the Work , except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J . 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 /15%). 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%). 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 extens ion 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 WORK M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner, it must be uncovered for observation and replaced , at the Contractor's expense . If any other work has been covered which the Owner has not specifically requested to observe prior to being covered , the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor . If such Work be found in accordance with the Plans and Specifications, the cost of uncovering and replacement shall , by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications, the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner. General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the 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 appl icab le 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 rece ipt of a written notice from the Owner to do so , un less the Owner has previous ly 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. 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 him by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction , in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum , or, if the amount is determined after final payment, it shall be paid by the Contractor . SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor, or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may after the end of such period of 30 days and upon seven additional days ' written notice to the Owner , terminate the Contract. N-2 .TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors , or if a receiver is appointed on account of his insolvency, of if the Contractor refuses, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with al Laws , Statutes, Charter, Ordinances , Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents , then the Owner, on its own initiative that sufficient cause exists to justify such action , may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any , seven (7) days ' written notice, terminate the employment of the . Contractor and take possession of the site and of all materials , equipment, tools , construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished . If the costs of finishing the Work , including compensation for the Architect's additional services . exceed the unpaid balance of the Contract, the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole , or from time to time, in part, whenever such termination is in the best interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the Contractor shall : a) 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 . General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building , Phase II (March 2011) 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 allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made . Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim . In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract SECTION 0 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. SECTION P TEMPORARY FACILITIES P-1 SCOPE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract, including those shown and specified . P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project. subject to reasonable directions by the Contractor as to their proper and most efficient utilization . P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. · P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects under $1 ,000 ,000 . Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect. 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 deck , 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 other temporary buildings or trailers on the project site as required for his use . Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed , or as directed . P-5 TELEPHONE: The Contractor shall provide and pay for telephone installation and service to the field offices described above . Service shall be maintained for the duration of operations under this contract. The Contractor shall provide for and pay for an automatic telephone-answering device at the site office for the duration of the project. Contractor will install separate fax lines and instruments for the City and the Contractor. 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 . 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 . General Conditions for Facility Construction Lump Sum Contract Renovate Guinn Elementary School Building, Phase II (March 2011) 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 requ ired . 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 squqr4e 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 requ ired under th is 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 humid ity 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 an~ furnishing of scaffolds with his sub-contractors . The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Owner, all fences, barricades , lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen , City employees, equipment, the public and property . All temporary construction and equipment shall conform to all regulations, ordinances , laws and other requirements of the authorities having jurisdiction, including insurance companies , with regards to safety precautions , operation and fire hazard. The Contractor shall prov ide 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 him 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 . 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A- ` �1ty . 3. :. �- ' � .� �•• ,,.,,,_ y r ,.F}L `i'� ^�,�4 ,rV �; r t � , dj � }•,rs � �C-v as � L ( -� f ��-1 -_ t {{{�� a 1 L . ; 1 »��gg„LL--t. a t �••+ y7•1/J, FI sf't'k } _�• ,p GJ s r,r! • 1 3 f hti 7 'rP" I•.•.�a a= ' �'�J'7 ! . AtM"h�� . 4�•,.Lr� df. 'r2 ��yl � 't y , } j ra. «Tk � ��t iF;C��,� • i{�rh�, :'-' •� 1 � � :p i ; ax t � l j � � r' 4^r �' !'ir r � -1• �' n � �"'� `e.,Y?T, t i9 �� r t• y. ;..L. 4 '11 r �r t 1 15 y 3l' r5 }i .I "". I,S Y*"' 1 c qi � - ,t,�i® �� r � r f 9 iy' fE �.yl .•� 3 v'�� ' '* 1' � 9 E i Jf . � �' Q �R�..0 /� .% F r . a7u' ,r ,i::': i i , 1• ! r 3 s ii �. ��a .. •^�' ~ 1�n' r ,'ti. }'S'R a` �.r,,.�.p3... .,r f`tfn•'p�} t: 4�. *v,V,v,i. '{. . Lh ..>�' •' +P.M ..'?� � '1 TYf �� i ' , .fie{: Introduction -i:s 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 require- ments. 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 applicable. 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 Contract- ing 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 tnat the labor standards provisions in your. contract and the specifics of complying with them represent the latest information. It is the Department of ~bor 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 responsibilities. 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 purpose 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 tel~phone numbers can be found on HUD's Home Page at the address below. Visit the Office of Labor Relations on the World Wide Web HUD Home Page at: http://www.hud.gov/offices/olr Obtain additional copies of this Guide and other publications at our web site or by telephone from HUD's Customer Service Center at (800) 767-7468. Table of Contents Introduction ............................................................................................... i CHAPTER I. Laws, Regulations, Contracts and Responsibilities 1-1 Davis-Bacon and Other Labor Laws .................................. r -1 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) ........................................ i-2 d . The Fair Labor Standards Act (FLSA) ............ ....................... ....... 1-2 1-2 Davis-Bacon Regulations ........................................................ f-2 1-3 Constructfon Contract Provisions .... : ................................. 1-2 1-4 Responsibility of the Principal Contractor ..................... 1-3 1-5 Responsibility of -the Contract Administrator .............. 1-3 CHAPTER 2. How to Comply with Labor Standards and Payroll Reporting Requirements 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 dassification rules ....................................................... 2-2 b. Making the request ....................................................................... 2-2 c. HUD review ................................................................................. 2-3 d. DOL decision .................................................. ; ............................. 2-3 2-3 Certified Payroll Reports ........................................................ 2-3 a Payroll formats ............................................................................. 2-3 b. Payroll certifications ..................................................................... 2-4 c. "No work" payrolls ...................................................................... 2-4 d. Payroll review and submission ..................................................... 2-4 e. Payroll retention ............................. > ............................................. 2-4 f. Payroll inspection ............. : .......................................................... 2-5 2-4 Davis-Bacon Definitions ....................... , .................................. 2-5 a. Laborer or mechanic .................................................................. 2-5 b. Employee ..................................................................................... 2 -5 c. Apprentices and trainees ............................................................ 2-5 d . Prevailing wages or wage rates .................................................. 2-6 e . Fringe benefits ............................................................................. 2-7 f. Overtime ...................................................................................... 2-7 g. Deductions .................................................................................. 2-7 h. Proper designation of trade ........................................................ 2-8 i. Site of work ............................................................ ; .................... 2-8 SECTION II -REPORTING REQUIREMENTS 2-5 Completing a Payroll Report ................................................ 2-8 a Project and contractor/subcontractor information ................... 2-9 b. Employee information ~ .......................................... .-..................... 2-9 c. Work classification ............................................... .-...................... 2-9 d. Hours worked ............................................................................. 2-9 e. Rate of pay ...................................... ,........................................... 2-9 f. Gross wages earned ................................................................. 2-10 g. Deductions ................................................................................ 2-10 h. Net pay ................... : ................................................................. 2-10 i. Statement of compliance .......................................................... 2-10 j. Signature .................................................................................... 2-11 SECTION Ill -PAYROLL REVIEWS AND CORRECTIONS 2-6 Compliance Reviews.............................................................. 2-1 I a. On-site interviews ..................................................................... 2-I I b. Project payroll revtews ............... · ........................... , .................. 2-1 I 2-7 Typical Payroll Errors and Required Corrections ....................................... ;.......... 2-1 I a. Inadequate payroll information ................................................. 2-12 b. Missing addresses and Social Security Numbers.................... 2-12 c . Incomplete payrolls .................................................................. 2-12 d. Classifications .................................................. , ......................... 2-12 e. · Wage rates ................................................................................. 2-12 f. Apprentices and trainees .......................................................... 2-12 g. Overtime ................................................................................... 2-1 2 h. Computations ............................................................................ 2-13 f. Deductions : ............................................ ,..................... ............ 2-13 j. Fringe benefits ........................................................................... 2-13 k. Signature................................................................................... 2-13 I. On-site interview comparisons ...................... : ......................... 2-13 2-8 Restitution for Underpayment of Wages..................... 2-13 a. Notification to the employer/prime contractor..................... 2-13 b. Computing wage restitution ..................................................... 2-14 c. · Correction payrolls.: ........... : ..................................................... 2-14 d. Review of correction CPR ........................................................ 2-14 e. Ynfound workers ...................................................................... 2-14 CHAPTER 3. Labor Standards Disputes, Administrative Reviews, Withholding, Deposits and Escrow Accounts, and Sanctions 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 Escrow Accounts ............................................ 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 ......................... 3-4 Index .................................................................................. : ..................... A-I Acronyms and Symbols ................................................................... A-3 Davis-Bacon -Related Web Sites ............................................... A-3 Exhibits HUD-4720, Project Wage Rate Sheet ............................................. A-4 WH-347, ·Payroll Form ..................................................................... A-5 Statement of Compliance .................................................. A-6 CHAPTER I. Laws, Regulations, Contracts and Responsibilities l:e 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) TheDavis-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. · b. The Contract Work Hours and Safety Standards Act (CWHSSA) CWHSSA requires time and one-half pay for overtime (0/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 exceptwhere the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA viola- tions carry a liquidated damages penalty ($10/day per violation). Intentional viola- tions of CWHSSA standards can be considered for Federal criminal prosecution. c. The Copeland Act (Anti-Kickback Act) The Copeland Act makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally- assisted project) to kickback (i.e ., give up or pay back) any part of their wages. The Copeland Act requires every employer (contrac- tors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permiss ible payroll deductions. d. The Fair Labor Standards Act (FLSA) The FLSA contains Federal minimum wage rates, overtime (0/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 I, 3, 5, 6 and 7. Part I 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 S covers the labor standards provisions that are inyour 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 administra- tive 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. 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 often 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 viola- tions, 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 adminis- trator 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 administered by HUD; the HUD-40 ! 0, Federal Labor Standards Provisions, which is used for CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction -Public and Indian Housing Program. b. Davis-Bacon Wage Decisions The Davis-Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Car- penter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people perform- ing 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 construc- tion begins, the wage decision is "locked-in" and no future modifications are applicable to the contract or project involved. · 1-4 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.) 1-5 Responsibility of the Contract Administrator The contract administrator is responsible for the proper adminis- tration 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 supp<;>rt to you and other project principals (e.g., the owner, sponsor, architect), including providing the proper Davis-Bacon wage decision (see ,I2-I , The Wage Dedsion) 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 ,r2-6, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll re- ports, 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 con- tract 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. CHAPTER 2. How to Comply with Labor Standards and Payroll Reporting Requirements Where to start? Now that you know you're on a Davis-Bacon project and you know some of the legal and practical implications, what's next? SECTION · I -THE BASICS 2-1 The Wage Decision Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters, E/ectridans, Pfumbers, 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 classifi- cations 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. a. The Work Classifications and Wage Rates A Davis-Bacon wage decision ts s·imply 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 r.ate(s) you will need to pay. Some wage decisions cover several counties and/or types of construction work (for example, residen- tial 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 class ification(s) you need. b. Posting the Wage Decision If you are the prime contractor, you will be responsib le for posting a copy of the wage decision (or the Project Wage Rate Sheet) and a copy of a DOL poster called Notice to All Employees (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 Notice to All Employees poster is avaifable on-line at HUDClips (see address in the 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 classifica- tion 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: I) The requested classification is used by construction contrac- tors 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 class ifica- tion is not already perfom,ed by another class ification 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 classificat ion "fits" with the other wage rates already on the y.,age 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. Making the Request A request for additional classification and wage rate must be made in writing through the contract administrator. (If the contract administrator is a local agency, the agency will send the request to the HUD Labor Relations staff.) tfyou 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 recom- mend 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 tliat 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 addi- tional 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 classifi- cation or wage rate ·ror 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 wi!I 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 recommen- dation approved. 2-3 Certified Payroll Reports You'll need to submit a weekly certified payroll report (CPR) begin- ning with the first week that your company works on the project and for every week afterward until your fim, has . completed its work. It's always a good idea to number the payroll reports beginning with . # I 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. 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 lan- guage on the WH-347 (reverse). 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 np Box,. below, for "rto 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 adminis- trator 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 send a note, you do not need to send "no work" payrolls. 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 respon- sible 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. e. Payroll Retention Every contractor (including every subcontractor) must keep a complete set of their own payrolls and other basic records such as time ~s, tax records, evidence of fringe benefit payments, for a Davis-Bacon project for at least 3 years after the project is completed . The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project. f. Payroll Inspection In addition to submitting payrolls to the contract administrator, every contractor (including subcontractors) must make their own · copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL. 2-4 Davis-Bacon Definitions Before we discuss how to complete the weekly payroll forms, we need to review a couple of definitions. These definitions can help you understand what will be required of you: a. Laborer or Mechanic "laborers" and "mechanics" mean anyone who is performing construction work on the project, including trade journeymen (carpenters, plumbers, sheet metal work_ers, etc.), apprentices, 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. I) 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 .) b. Employee Every person who performs the work of a laborer or mechanic is "employed" regardless of any con- tractual relationship which may be alleged to exist between a contractor or subcontractor and such person. This means that even ifthere 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. 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, including Step-Up apprenticeship programs designed for Davis-Bacon construction work. 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 sched- ule in the approved program. . I) Probationary apprentice. A "probationary apprentice" can be paid as an apprentice ~ess than the rate on the wage decision) if the DOL or SAC has certified that the person is eligible for probationary employm~nt 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 consid- ered to be an "apprentice" and must be paid the full journey- man's rate on the wage decision for the classification of work they perform. 3) Ratio of apprentices and trainees to journeymen. The max imum number of apprentices or trainees that you can use on the job site can not exceed the ratio of apprentices or trainees to journeymen allowed in the approved program. d. Prevailing Wages or Wage Rates Prevailing wage rates are the wage rates listed on tlie wage deci - sion for the project. The wage decision will list a minimum bas ic hourly rate of pay for each work classification. Some wage deci- sions include fringe benefrt:s 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 t he fringe benefit rate to the basic hourly rate unless you provide bona fide fringe benefits for your employees. I) Piece-work. Some employees are hired on a piece-work basis, that is, the employee's earnings are determined by a factor of work produced. For example, a Drywall Hanger 's earnings may be calculated based upon the square feet of sheetrock actually hung, a Painter 's earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked . Accurate time _records must be maintained for any piece-work employees. If the weekly piece rate earnings are not sufficient, . the employer must recompute weekly earnings based upon the actual hours worked and the rate on the wage decision for the work classification(s) involved . e. Fringe Benefits Fringe benefits can include health insurance premiums , retirement contributions, li fe 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. 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 ben- efits. g. Deductions You may make payroll deductions as permitted by DOL Regula- tions 29 CFR Part 3. These regu lations 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 judgements and other financial obligations legally imposed against · the employee: h. Proper Designation of Trade You must select a work classification on the wage decis ion 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 perfonning 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 pa id less than the rate for their craft are apprentices and trainees registered in approved programs . I) 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 work classification in which work was performed only if you maintain accurate ti me records showing the amount of time spent in each classifica- tion. If you cfo 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 11 REPORTING REQUIREMENTS 2-5 Completing a Payroll Report What information h_as to be reporte!i on the payroll form? The weekly payro[[ 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, address and social security number; 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 caxes, etc., and the net amount paid (how much should the paycheck be made out for?). No more infonna- tion than you need to know in order to manage your work crew and make certain they are paid properly. And , certainly, no more informa- tion than you need to keep for IRS, Social Security and other tax and employment purposes. 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 r~iew of your payrons is to verify your compliance. Clearer and complete payro[[ reports wi[( permit the contract administrator to complete reviews of your payro!I reports quickly. a. Project and Contractor/Subcontractor 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 The first payroll on which each employee appears must contain the employee's name, address and Social Security Number. Afterward, the address and Social Security Number only need to be reported if there is a change in this information. c. Work Classification Each employee must be classified in accordance with the wage decision based on the type of work they actually perform.- I) Apprentices 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 proglc!-ITl 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 for which the payroll is prepared, those "other job" hours should not be reported on the payroll. In these cases, you should list the employee's name, classification, hours for this project only, the rate of pay and gross earnings for this project, and the gross earned for all projects. Deductions and net pay may be based upon the employee's total earnings (for all projects) for the week. e. . Rate of Pay Show the basic hourly rate of pay for each employee for this project. If the wage decision includes a fringe benefit and you do not participate in approved fringe benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked. I) 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 the 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. Gross Wages Earned Show the gross amount of wages earned for work performed on this project. Note: For employees with work hours and earriings on other projects, you may show gross wages for this project over gross earnings all projects (for example, $425.40/$764.85) and base deductions and net pay on the "all projects" earnings. 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 collec- tive 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. Net Pay Show the net amount of wages paid. 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. Check- ing 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 em- ployee 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). j. Signatui-e Make sure the payroll is signed with an original signature. 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. SECTION Ill 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 ,I 1-5). !n addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards require- ments have been met. You will be notified by the contract administra- tor 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 H UD-1 I , Record of Employee Interview, and forward the interviews to the contract administrator. b. Project Payr-oll 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, 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 accept- able form. b. Missing Addresses and Social Security Numbers If the first payroll on which an employee appears does not contain the employee's address and Social Security Number, the employer will be asked to supply the missing information. A short note providing the information is all that is needed. c. Incomplete Payrolls If the information on the payroll is not complete, for example, if work classifications or rates of pay are missing, the employer will · be asked to send a corrected payroll. · d. Classifications Jf 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 dassification and wage rate (See ,I2-2). If reclassifica- tion results in underpayment (i.e., the wage rate paid 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 ,r2-8 for instructions about wage restitution .) e. Wage Rates If t he 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 rati o 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 registra- tion 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: I) If the project is subject to CWHSSA overtime requirements, the employer will be asked to pay wage restitution for all over- time 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 FL5A overtime violations. Also, the contract administrator may refer the violations 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 ther_e is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authoriza- tion or explain unusual deductions, as necessary. j. Fringe Benefits If the wage decision contains fringe benefits but the payroll does not indicate how fringe benefrt:s were paid [neither 4(a) nor 4{b) is marked on the Statement of Compliance], the employer may be asked to submit corrected 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 Compli- ance is signed by a person who is not a principal of the firm and that person has not been authorized by principal to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature(s) of a principal or other signatory. I. On-Site Interview Comparisons If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear on the payroll for the date of the interview), the employer will be asked to submit a corrected payroll report. 2-8 Restitution for Underpayment of Wages Where underpayments of wages have occurred, the employer will be required to pay wage restiMion to the affected employees. Wage restitution must be paid promptly in the full amounts due, less per- missible and authorized deductions. a. Notification to the Employer/Prime Contractor The contract administrator will notify the employer and/or prime contractor in writing of any underpayments . that are found during payroll or other reviews. The contract administrator will describe the underpayments and provide instructions for computing and documenting the restitution to be pa id . 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. 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 worked where underpayments occurred. The difference in the wage rates is called the adjust- ment 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. totai 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 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 # I through #6; or a beginning date and ending date). The correction payroll will list each employee to whom restitution was paid and their work classification; the total number of work hours involved (daily hours are usually not applicable for restitu- tion); 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 signed Statement of Compliance must be attached to the correc- tion payroll. d. Review of Correction CPR The contract administrator wm review the correction certified payroll to ensure that full restitution was paid. The prime contrac- tor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a supplemental correction payroll within 30 days. e. Unfound Workers Sometimes, wage restitution cannot be paid to an affected em- ployee 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 to place in a deposit or escrow account an amount equal to the total 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 remain- ing in the account for unfound workers will be credited and/or 'forwarded by the contract administrator to HUD. CHAPTER 3. ·~ .. Labor Standards Disputes, Administrative Reviews, Withholding, Deposits and Escrow Accounts, and ·sanctions Wat happens when things go wrong? 3-1 Introduction Even in the best of cin;umstances, 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 underpay- ments 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 stan- dards 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 empioyer. The· most common circumstances include: a. Additional Classifications and Wage Rates Additional classification and wage rate requests are sometimes denied by the DOL An employer that is dissatisfied with the denial can request reconsideration by the DOL Wage and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer will be required to pay any additional wages that may be necessary to satisfy the wage rate that is established. I) Reconsideration. The DOL normally identifies the reasons for denial in its response to the request. Any interested person (for example, the contract administrator, employer, representa- tives of the employees) may request reconsideration of the decision on the additional dassification 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 ,rl-l(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. 2) Administrative Review Board. Any interested party may request a review of the Administrator's decision on reconsid- eration by DOL's Administrative Review Board. DOL . regulations 29 CFR Pari: 7 explain the procedures for such reviews. (See also 29 CFR I. 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 administra~or will u~ually 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 inconsisten- cies and/or resolve the discrepancies. If informal exchanges do not result in agreement, the final determi- nation 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 Headquar- ters Office of Labor Relations. I) 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; 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 for Administrative Proceedings.) 2) Administrative Review Board. Contractors and/or subcon- tractors 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 cont~ct administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are 3-4 believed to be due and unpaid, for example, if wage underpayments or other violat ions are not corrected within 30 days after 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 unl~s warranted. If with- holding 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. In every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final pay- ments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution· that is ultimately found due. In these cases, we allow projects to proceed to final closing and 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: a. Where the parties have agreed to amounts of wage restitu- tion 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 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 docu- mented payments are returned to the depositor. Amounts for any workers who can not be located are held in the deposit/escrow account for three years and disbursed as described in 112-B(e) 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 dam- ages, if applicable, that are estimated to be due. If the final deter- mination 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 disbursed from the escrow account in accordance with the schedule of wages due . Amounts for · unfound workers will be retained as described above (See 112-B(e) and 3-4(a)). If the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in U-4(c), below. c. Where the parties are waiting for the outcome of an admin- istrative 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 pro- visions 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 stan- dards 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 associ- ation 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. I) LDPs. 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. 2) Debarment and suspensions. In certain circumstances, HUD may initiate its own debarment or suspension proceed- ings 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 regula- tions 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 correc- tion 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 I 00 l of Title 18 and Section 231 of Title 31 of the United States Code). Index Acronyms ...................................................................... ; ........................ v, A-3 Additional classifications ......... : .......... : .................................................... iii, 2-2 Administrative Rev iew Board ........................................................... -.. 1-2, 3-2 Administrative Review on Labor Standards Disputes ...... :·········· .. ········· v, 3-1 Apprentices .......................................................................... iv, 2-5, 2-9, 2-12 Apprentices and trainees ........................................................................... 2-5 Pre-apprentice ................................................................................... 2-6 Probationary apprentice .................................................................... 2-6 Ratio of apprentices and trainees to journeymen ............................. 2-6 Basic Hourly Rate ................................................................................ 2-6, 2-9 Certified Payroll reports ................................................ iii, 1-2, 2-3, 2-8, 3-4 "No work" payrolls ........................................................................... _ 2-4 Payroll certifications .......................................................................... 2-4 Payroll formats ................................................................................... 2-3 Payroll inspection ................................................................. _ .............. 2-5 Payroll retention ............... : ................................................ :.:..: .......... 2-4 Payroll review and submission .......................................................... 2-4 Compliance Reviews ................................................................................ 2-1 I Construction Contract Provisions ............................................................. 1-2 HUD-2554 .................................................................. ." ..................... 1-2 HUD-40 IO ........................................................................................ 1-2 HUD-5370 ........................................................................................ 1-2 Labor standards clauses .................................................................... 1-2 Contract administrator ....................... iii, 1-3, 2-1-2-5, 2-11, 2-14, 3-1-3-4 Contract provisions ....................................................................... iii, 1-2, 2-1 Contract Work Hours and Safety Standards Act .......................... iii, 1-1, A-3 · Copeland Act .......................................................................................... -iii, 1-2 Correction payrolls ......................................................... : .................... v, 2-1. 4 CPR ..................................................................................................... 2-3, A-J CWHSSA ........................................................................................ iii, 1-1, A-3 Davis-Bacon Act .............................................................................. iii, I -I, 1-2 Davis-Bacon Definitions ......................................................................... iv, 2-5 Apprentices and trainees ................................................................... 2-5 Fringe benefits ................................................................................... 2-7 Laborer or mechanic ........................................................................ 2-5 Working foremen .............................................................................. 2-5 Davis-Bacon Regulations ................................................................ iii, 1-2, A-3 Davis-Bacon Wage Decisions .............. : .................................................. .-... 1-3 Davis-Bacon Act ............................................................. iii, 1-1, 1-2, 3-4, A-3 DBA .......................... ~ ............................................ iii, 1-l,-1-2, 3-4, A-3 DBRA ................................................................................. 1-1, 3-4, A-3 Debarment .............................................................................................. v, 3-4 Deductions ....................................................... iv, 1-2, 2-7, 2-10, 2-13, 2-14 Deposits and Escrow .............................................................................. v, 3-3 DOL. ......................................... 1-2-1-4, 2-2-2-7, 2-11, 3-1-3-4, A-3, A-5 DOL investigator ....................................................................................... 1-4 DOL regulations ................................................................. 2-2, 3-I -3-4, A-3 Employee ................................................................................................. iv, 2-5 Fair Labor Standards Act ............................................................... iii, l-2, A-3 FLSA ................................................................................................... A-3 Falsificat ion .............................................................................................. v, 3-4 Findings of underpayment ......................... ··: ........................................... v, 3-2 Fringe benefits ...................................................... iv, 1-3, 2-6, 2-7, 2-9, 2-1 3 Gross wages ......................................................................................... iv, 2-1 0 HUD Home Page ............................................................................................ i HUD Labor Relations field staff ....................................................... i, 1-3, 2-2 HUD-I I ............................. : ............... , ........................................ .-............ 2-11 Labor Relati ons Staff ......................................................................... i, 1-3, 2-2 Limited Denial of Participation ........................................................... 3-4, A-3 Liquidated damages .................................................................. 1-1, 2-12, 3-3 local contracting agencies ......................................................................... I -3 Net pay ........................................................................................ iv, 2-10, 2-14 Notice to Employees ................................................................................. 2-2 On-site Interviews .................................................................................... 2-1 I Overtime ......................................... : ............ iv, 1-1, 1-2, 2-7, 2-9, 2-12, A-3 Payroll certification ......................................... : ....................................... iii, 2-4 Payroll errors ....................................................................................... iv, 2-1 I Payroll format ............................................................................... iii, ·2-3, 2-12 Payroll retention ...................................................................................... iii, 2-4 Payroll submissions ................................................................................ m, 2-4 Piece-work .......................................................................................... 2-6, 2-9 Posting the wage decision ................. : ........................................................ 2-2 Prevailing wages or wage rates .................................................................. 2-6 Prime contractor ...................................................... 1-3, 2-2, 2-4, 2-14, 3-3 Principal contractor ............................................................................... iii, 1-3 general contractor .............................................................................. 1-3 Project Wage Rate Sheet ................................................................... 2-1, A-4 Proper designation of trade ................................................................... iv, 2-8 Rate of Pay ... : ................................................................................ iv, 2-9, 2-11 Site of Work ........................................................................................... iv; 2-8 Split-classification ....................................................................................... 2-8 Statement of Compliance ............................................. 2-10, 2-13, 2-14, 3-4 Step-Up apprenticeship programs ............................................................. 2-6 Subcontractor ................................................................... , .. 1-3, 2-2, 2-4, 3-1 lower-tier subcontractors ................... : ........................... ·.................. I -3 Suspension ................................................................................................... 3-4 Trainees ............... .-..... ; ........................................................... iv, 2-5, 2-6, 2-12 Typical Payroll Errors ........................................................................... iv, 2-1 I Unfound workers .......................................................................... v, 2-14, 3-3 Wage Decision .......................................... ~ ... iii, l-3, 2-1-2-3, 2-6-2-14, A-4 Wage .Restitution .......................................................... v, 2-13, 2-14, 3-2-3-4 Computing wage ··restitution ........................... '. ............................ v, 2-14 Correction payrolls ..................................................................... v, 2-14 Unfound workers ........................................................................ v, 2-14 Withholding ....................................... · .............................................. v, 1-2, 3-2 Work Classification ............................. iv, 2-1, 2-3, 2-6, 2-8, 2-9, 2-11, 2-14 World Wide Web ...................................................................................... ; ..... i Acronyms and Symbols CDBG CFR CPR -Community Development Block Grant -Code of Federal Regulations -Certified Payroll Report CWHSSA -Contract Work Hours and Safety Standards Act OBA -Davis-Bacon Act DBRA DOL FHA FLSA HUQ IHA LCA LOP 0/T PHA S/T SAC TDHE § ,r -Davis-Bacon and Related Acts -Department of Labor -Federal Housing Administration -Fair Labor Standards Act -Housing and Urban Development (Department of) -Indian Housing Authority -Local Contracting Agency -Limited Denial of Participation -Overtime -Public Housing Agency -Straight-time -State Apprenticeship Council/Agency -Tribally-Designated Housing Entity -Section -Paragraph Davis-Bacon Related Web Sites* HUD Office of Labor Relations: www.hud.gov/offices/olr HUD Regulations: www.access.gpo.gov/nar.vcfr/cfr-table-search.htrnl HUDC!ips (Forms and Publications): www.huddips.org/cgi!index.cgi DOL Davis-Bacon and Related Acts Homepage: www.dol.gov/esa/programs/dbra/index.htm DOL Regulations: www.dol.gov/dol/allcrf(Title _ 29/toc.htm Davis-Bacon Wage Decisions: www.wdol.gov DOL Forms: www.dol.gov/esa/programs/dbra/forms.htm •Web addresses active as of June 2006 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: BASIC HOURLY FRINGE TOTAL HOURLY WORK CLASSIFICATION RATE(BHR) BENEFITS WAGE RATE Bricklayers $ Carpenters $ Cement Masons $ Drvwall Hangers $ Electricians $ Iron Workers $ Painters .. . $ Plumbers $ · Roofers $ Sheet Metal Workers $ Soft Floor Lavers $ Tapers $ Tile Setters $ OTHER CLASSIFICATIONS $ $ $ ADDffiONAL CLASSIFICATIONS (HUD Form 4230-AJ BASIC HOURLY FRINGE 'TOTAL HOURLY WORK CLASSIFICATION RATE BENEFITS WAGE RATE $ $ $ $ LABORERS FRINGE BENEFrr~: GROUP# BHR . OPERATORS FRINGE BENEFITS: GROUP# BHR TRUCK DRIVERS FRINGE BENEFITS: GROUP# · BHR DATE OF HUD SUBMISSION TO DOL $ TOTAL WAGE $ $ $ $ $ $ TOTAL WAGE $ $ $ $ $ TOTAL WAGE $ $ $ DATE OF DOL APPROVAL form HUD-4720 (03/2004) U.S. Department of Labor Employment Standard• Administration Waye and Hour Division PAYROLL (For Contractor'• Optional Uae; See Instruction•, Form WH•347 lnat.) NAME OF CONTAACTOR D OR SUSCONlRAOTOR Q ADDRE88 0MB No.; 1215-0148 Expires: 03/31/2006 .. PAYROU.HO. FOR WEEK ENl)INO PROJECT AND LOCATl<iff PROJECT OR CONTRACT No. (1) (2) (3) (4) DAY ANO DATE (6) {IJ (TJ ~H Li m I DEDUOTION6 NAM&, ADDR.E.!S. N,IO 5 GROSS Ii w,rn. S0C4"l 9ECURITY NUM&ffl WORK TOTAL MTE AMOUNT HOIDI~ TOT.Mo OFEMPLOVEI! ClASSIFICAllON ~UI\& WORKED DA HOURS OF PAY £AP.NED FICA TIIJ< OTllEll DEDUCTIONS 0 -1/ I D /· I D I/ I D / I Q I/ I 0 / I 0 / I 0 / I W• eaUmale lhat II wtH take an aYll(BII• of 56 mlnulea to complele lhls coUecUon of lnformaUon, lnclulllng Uma for reviewing lnalructlons searehlng exl1llng data 1ourc&1, galhe~ng and maintaining the dala needed, and compleUng and reYlewfng lhe coll•ction of Information. If you h•v• any commanta regardng lheH eaUmalBI or any other .. peel or lhla collecUon of lnformaUon, Including augguUo/19 for noduclng 1h11 burden, 11nd tham to th• Admlnlslrlllor, W•g• and Hour DM,lon, ESA, U. S. Department of Labor, Room S3502, 200 ConslltuUon Avenue, N. W., Washlnglon, D. C. 20210. FORM WH-347, Revl1ed Nov. 11i98 • FORMERL V SOL 184 -PURCHl'.SE THIS FORM DIRECTI. Y FROM THE SUPT. Or DOCUMENTS (Q) NET . WAGES PAID FOR WEEK Oale ________ _ I. ----,(.,.,N-ame--o-f S-,1,--gn_a_lo_ry ___ P_a_rty_) ____ --------(-TI-U-e) ____ _ do hereby elate: (1) Thal I pay or supervise the payment of Iha persons employed by ------------,""""-:---,,---,,...,-----,------------~on the (Contractor or SJbcontmctor) ------::::-,;--::-----,.,.,-,-,--...::...-----; that during the payroll period commencing on the (Bulldlng or Work) ___ dilly of , _, end endln9 Iha ___ day of , ---· all pertons employed on eald project have been paid the full weekly wages earned, that no rebates have been or will be made ellher dlrecUy or lndlreclly 10 or on behalf or said --'-----------------------------from the full (Conlractor or Subcontraclor) weekly wages earned by any person and that ·no deductions have bean made either dlrecUy or lndlreclly from the full wages earned by any person, olher than permissible deductions es defined In RegulaUons, Part 3 (29 CFR SubUUe A), Issued by the Secretary of Labor under lhe Copeland Acl, as amended (48 Slal. 948, 63 Start. 108, 72 Stat. 967; 76 Slat. 357; 40 u.s.c. 276c), and described below: (2) Thal any payroll& olherMse under this contract required ta be submllled ror the above period are co11ect and complete; that Iha wage rate& for laborllfli or mechanics contained therein are not lass than the applicable wage . rates conlalned In any wage deter.mlnallon Incorporated Into the contract; that the cla11iflcallona HI forth tharaln for each laborer or mechanic conform with the work ha perfomied. (3) That any apprenuces employed In the above period are duly roglatered In a bona fide apprenlk:eshlp · prognim registered with a Stale apprenticeship agency recognized by the Bureau of AppranUceshlp and Training, Unlled Stales Department of Labor, of If no auch recognized agency exlsls In a Slate, are regislerad wilh Ille Bureau of Appranllcashlp and Training, United States Department or Labor. (4)That (e) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS D In addition to the basic hourly wage rates paid lo each laborer or mechanic llsle·d In the above referenced payroll, payment. of fringe benefits as llsled In the · contract have been or will be made to appropriate programs for the benefil or such employees, except •• noted In Sec:Uon 4(c) below. · (b) WHERE FRINGE BENEFITS ARE PAID IN CASH 0 -Each laborer or mechanic listed In the above, referenced payroll has been paid, D9 lndlcalad on the payroll, an amount nol leas than tho sum or the applicable basic hourly wage rala plus the amount or the required fringe benefils a& listed In lhe contract, except es noted In SecUon 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION u REMARKS; NAMEANDmLE ISIG~TUR~ TKE Wlu.FUL FALSIFICATION OF Nff OF THE A8DVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUeCONlRACTOR TO CIVIL OR CRIMlllo'L PROSECUTION. SEE SECTION 1001 OF TITLE ti ANO SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. a U.S. O.P.0.:1H7 51t.M1 STANDARD MAIL POSTAGE & FEES PAID HUD Permit No. G-795 U.S. Department of Labor Wage and Hour Division NAME OF CONTRACTOR (l] OR SUBCONTRACTOR 0 PAYROLL (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) Persons are not required to respond lo the collect/on of inlonnalion unless It displays a currenrty val/d 0MB control number. ADDRESS 5525 Egg Farm Rd Suite 2800 David Whitaker DBA ForceCon Keller, Texas 76248 PAYROLL NO . I FOR WEEK ENDING PROJECT AND LOCATION lntlal 04111120m Terrell Heights Street Lights. Fort Worth TX (1) (2) (3) (4) DAY AND DATE (5) (6) (7) :IVHD U.S. W~ge and Hour Dl\'islon ev. ec. R D 2008 I 0MB No.: 1215-0149 . Expires: 12/31/2011 I PROJE;CT OR CONTRACT NO) xxxxx ! (8) (9) li .. ,-: 9a ., 11 12 13 14 15 16 17 DEDUCTIONS It NAME AND INDIVIDUAL IDENTIFYING NUMBER .._ol;: 0 NET (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY ~!; ,-: GROSS WITH-WAGES WORK 0 TOTAL RATE AMOUNT HOLDING TOTAL PAID NUMBERl OF WORKER 5!§: CLASSIFICATION HOURS WORKED EACH DAY-HOURS Of PAY EARNED FICA TAX OTHER DEDUCTIONS FOR WEEK John Marks Common Laborer 0 2.00 i.oo 1.00 .... 1.00 10.0( $10.88 :z 1509 Anylane Ave. Fort Worth, TX 76102 #3896 40.0( $1,500.00 s 1,00 l.00 1,00 .... .... 7.lS . David Marks Backhoe Operator 0 1.00 8.00 $22.79 IZ 1262 Al Place Dr, Fort Worth TX 76102 $100.00 #7796 $100.00 $689.92 s 8.00 1.00 LOO .... 1.00 40.01 JS.19 S 99 0 I/ s 0 I/ s 0 I/ s 0 I/ s 0 1/ s 0 :/ s While COJT1plaUon of form WH-347 is oplional. it Is mandatory for covered contractors and subconLrac!QnJ perfonnlng work on Federatl)" financed or e&-Gisled coostn.,d.ion conlract.s to nt6pond to Ule inrormaoon cotlec:Uon contained In 29 C.F.R. §§ 3.3, 5.5(a). T11e Copeland Act 140 U.S.C. § 3146) c:oolt8donl and subcontro.clors performing work on Federally ftnanced or &&Slstod construction conlrects to "furnish weekly a statament wiUl respect to tho wages paid each employee dur1ng I.ha preceding week." U.S . Department of LabOr (DOL) regulaUons et 29 C ,f .R. § S.5(a)(3)(11) raqu ~e conlractors lo submit weekly a copy of all payrolls to the Federal agency conlractlng for or financing the construction project..accompanled by a signed "Statement o/ Compliance• lndiceUng Ulat U,o payrolls are correct and ·complete and Ulal each laborer or mechanic has been paid not Je~ than Ule proper Davis-Bacon prevailing wage rate for the work performed. COL and federal oonuacUng agencies reoelvlng Ulis lnformalion review Ule lnformaUoo lo delermlno Utat employees have received legally required wages and fringe benents. Public Burdon Slal1m1nl We e,urnate Ulal is wtll take an &'/erege of 55 minutes to complele this oonectlon. Including Ume for reviewing lnstrvcUons, searchtng existing data source,, gathering and maintaining Ole data needed, and compteling and rovio'Ning the colloet;on or infonnaliOn. If you havo any oonvnenls regarding U,ese osUmates or any oUlor aspect of Ulis collection, lnciudinu sugg11Slioos for reducing Ulls burden, aend Utom 10 tho Admlnlslralor, Wago and Hour Division, U.S . Depanmenl o/ Labor, Room S3S02, 20Q Cono~tuUon Avonue, N.W. Washlngloo , D.C. 20210 (over) Date ________ _ _I•-----------------------------------(Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by David Whitaker OBA ForceCon ---;---------=::-::.'."'.'."".=:-=-:~-.----:-:-----c--.-------------on the (Conlfactor or &lbcontractor) ---'-----,---------------; that during the payroll period commencing on the (Bufldlng or Work) ---;--day of , ___ , and ending the ___ day of • ___ , all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or Indirectly to or on behalf of said ( David Whitaker OBA ForceCon -------------------------------from the.full . (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or Indirectly from the full wages earned by any person, other than permissible deductions as defined ill Regulations, Part 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (46 Stat. 946, 83 Start 108, 72 Stat. 967: 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained In any wage determination Incorporated Into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed In the above period are duly registered In a bona _ fide apprenllceship program registered with a -Stale apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United Slates Department of Labor, or ii no such recognized agency exists In a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS D In addition to the baslc hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as liSted in the contract have been or will be made to appropriate programs for the benefit of such. employees, except as noted In section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH Ill -Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed In the contract, .except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS: NAME ANO TITLE SIGNATURE THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLI: 18 AND SECTION 231 OF TITLE 31 OFTHEUNITEOSTATESCODE. CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: This agreement made and entered into this the 5th day of December A.O., 2011, 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.O. 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 Prime Construction Company of the City of Arlington County · of Tarrant State Texas of 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: Renovate Guinn Elementary School, Phase II 1100 S. Freeway Fort Worth, Texas · TPW Project Number: TPW2006-12 Project Number: 00382 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 com.mence 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 therefrom, 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 $709,000.00 . Contractor agrees to complete the project, suitable for occupancy and 200 calendar days. Renovate Guinn Elementary School , Phase II December 2011 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Insurance Requirements: The Contractor shall not commence work underthis contract until it has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner. 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 iri 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: • Statutory limits • Employer's liability • $100,000 disease each employee • $500,000 disease policy limit • $100,000 each accident b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. c . BUSINESS AUTOMOBILE LIABILITY: • $1,000,000 each accident • The policy shall cover any auto used in the course of the project d. BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA • $1,000,000 each occurrence; $2,000,000 aggregate limit. Renovate Guinn Elementary School , Phase II December 2011 - • 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. 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, 1000 Throckmorton 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. Renovate Guinn Elementary School, Phase II December 2011 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX f . Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000. 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 emp loyed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. I • i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall ·eayh 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. 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 Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. JN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in four counterparts with its corporate seal attached. Renovate Guinn Elementary School, Phase II December 2011 - - Done in Fort Worth, Texas, this the Prime Construction Company By: APPR By: W L) ( c;p(J Dou s W. Wiersig, P.E Tran portation and Publi By: Douglas Assistant City Attorney ~ - -...-..ii. /., - "' .., ............ -4 -::. ..___.. ....-: ,.., - '::' /. - ~ ;--= ·-- .. ,-. -~ .... .. ~ -.... - Renovate Guinn Elementary School, Phase II December 2011 ,3-rl dayot_O_e_ll_Mi_b_e)(_A.D.,~. APPROVED: CITY OF FORT WORTH By: s::. "'~ - Assistant City Manager December 6, 2011 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Attachment "A" Additional Contract Provisions Renovate Guinn Elementary School, Phase II TPW Project No.: TPW2006-12 Project No.: 00382 Under t he provisio.ns of 24 CFR 85, certain provisions are required for all contracts using grant funds provided by the U .S. Department of Housing and Urban Development. In addition, these provisions are incorporated into this contract to address certain contingencies which may arise under the course of work for this contract. Contractor understands and agrees that federal agencies funding the work under this contract, in whole or in part, as well as federal regulatory agencies and the congress are permitted to require changes, remedies , changes conditions , access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. 1. Upon identification of possible breaches of contract, and prior to exercising its termination rights under this Contract, City may elect to exercise any of the following administrative remedies: a. b . C. issuance of warning letter indicating that further failure to comply with applicable requirements will result in serious sanction and giving Contractor a limited time to correct the deficiency; placing conditions upon award of future grants; directing Contractor to stop incurring costs corrected and the correction is verified; until the de~icieney ,,i~ -.::.. ..... / ... -J",",, -.. ..., // d. requiring repayment of previously reimbursed grant fun~~/or _ ~-: ~_;;. -~ --e. reducing the amount of pending grant awards or dil5 allovy ing -f uture awards to Contractor. - The City's election to exercise any, all, or none of the aforemen tioned administrative remedies does not act as a waiver of any of City's other rights or remedies under the law or this Contract for the enforcement of this Contract or the recovery of any damages relating to Contractor's actions or inactions relating to the Program, CDBG funds, and/or this Contract. · 2. In addition to, and not in substitution for , other provisions of this Contract regarding the provisions with CDBG funds, it is expressly understood and agreed by and between the Parties that this Contract is wholly conditioned upon the actual receipt by City of CDBG funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any other monies of City; and that if such funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Contract. Renovate Guinn E lementary School March 2011 .,~ .,........_ ~ ...-. -::;.. ·-: ~ --:/. = -· - - - - 3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations ( 41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and the ir contractors or subgrantees) 4. For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in 29 CFR Part 3 5. For construction contracts in excess of $2,000 awarded by Contractor when required by Federal grant program legislation, Davis-Bacon Act (40 U.S .C. 276a to 276a-7) as supplemented in 29 CFR Part 5 6. For construction contracts awarded by Contractor in excess of $2 ,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U .S .C. 327A 330) as supplemented by 29 CFR Part 5. 7. Notice to awarding Contractor requirements and regulations pertaining to reporting. Contractor will submit to City on a weekly basis : (1) Payroll, (2) Statement of Compliance-for each payroll, as applicable, for services and activities accomplished by Contractor in performance of this Contract. Payroll and the Statement of Compliance must be signed by a duly authorized agent of the Contractor and submitted each Friday of the week following the week being reported to the Department of Housing and Economic Development, Compliance Division, 1000 Throckmorton, Annex Building, 4th Floor, Fort Worth, Texas, 76102. 8. All information and data arising from the work performed under this contract shall be the property of the City of Fort Worth and may be subject to disclosure to third parties and additionally may be subject to release to the public under the provisions of the Texas Open Records Act. Contractor shall release and provide to the city or its authorized designee all information and data related to performance of work under this contract. Contractor shall not limit or attempt to limit access to information or data by the city nor shall contractor obtain or attempt to obtain a copyright to such information or data. Contractor understands and agrees that data may be released to third parties , including but not limited to the federal Department of Housing and Urban Development at the sole discretion of the city. 9. In the event a patentable invention is created as part of this Contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall, at the sole discretion of the city, be assigned to city upon demand. The city retains all rights to intellectual property developed in the course of work of this contract. 1 O. In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify Renovate Guinn Elementary School March 2011 City of the copyright and the copyright shall , at the sole discretion of the city, be assigned to city upon demand . 11. City, HUD, and the United States Comptroller General, or their respective representatives , shall have access for four ( 4) years following the termination of this Contract to any books , documents, records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. This provision shall survive the termination or expiration of this Contract. 12 .AII records pertaining to Contract, including but not limited to any books, documents , and papers , shall be retained for four ( 4) years following the termination of this Contract. Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. This provision shall survive the termination or expiration of this Contract. 13.The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 US 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. 14 . Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Action (Pub. L. 94A 163, 89 Stat. 871 ), (53 FR 8068, 8087 , Mar. 11 , 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995). Ren ovate Guinn Elementary Sch ool March 2 011 - - - - - - Attachment B 11.0 SPECIAL INSTRUCTIONS TO BIDDERS ON FEDERALLY FUNDED PROJECTS 12.1 If this project is assisted in whole or in part by any federal funds, the work order will be subject to a Disadvantaged Business Enterprises (DBE) goal. 12 .2 This project is subject to the Davis-Bacon Act (DBA), Copeland Act, Contract Work Hours Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA). FLSA sets out the requirements for payment of minimum wages, overtime pay, child labor standards and prohibit wage discrimination on the basis of sex. DBA specifies the minimum wages to be paid the various classes of laborers and mechanics employed on the project. CWHSSA sets a lllliform standard of 40-hour workweek with time and a half the basic rate of pay for all work in excess of 40-hours per week. The Copeland Act prohibits kickbacks being paid by the employee to the employer and requires the weekly submission of payrolls. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN TIIB ESCROW OF FUNDS AND/OR WITHHOLDING OF INSURED ADVANCES. 12.3 The contractor should inform his foreman and subcontractors that this project is subject to periodic employee wage interview visits by City staff and/or federal agencies, such as HUD or DOL, to insure compliance with the aforementioned regulations. . These federal officers or City staffs are not to be prevented from conducting such inte.rviews. 12.4 The suggested payroll form is WH-347, Payroll. InJD prior to use must approve all other payroll forms. Payrolls must be submitted to the Housing and Economic Development Department, Contract Management Division on a weekJy basis within seven days after a pay period end. A pay period is seven (7) consecutive days: Payrolls must be original and must be completely· executed . The signature must be that of owner, partner, officer of authorized individual, and must be an original ink signature. It is suggested that blue ink be used. The certification dates must cover the seven (7) day period. "A CERTIFICATION FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES" form must be submitted. 12.4. l The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this contract are to be maintained during the course of work and preserved for a period of three years thereafter. 12.4.2 Liquidated damages will be assessed for failure to pay overtime. The assessment amount is $10 per day per violation. Overtime begins on this project after 40 hours per week. Additionally, wage restitution must be paid to any employee who is underpaid whether. the underpayment is due to failure to pay overtime or failure to apply the prescribed hourly rate of pay .. 12.4.3 In instances, where the owner of a company performs work on the project, that owner must show himself7herself on the payroll and must show the hours worked each day and total hours for the week. All persons who perform work on the project must be shown on the payroll. The address and social security number for each employee must be included the first time that employee appears on the payroll and any time their address change. ·· 12.4.4 Payrolls are required for weeks in which no work is performed labeled "NO WORK PERFORMED". 12.4.5 The first payroll furnished must show "INITIAL" in the payroll number block. . Likewise, the last payroll must show "FINAL". Subsequent payrolls following the initial payroll must be numbered sequentially beginning with number 2, including payrolls labeled "NO WORK PERFORMED". · 12.4.6 Deduction authorizations, signed by employees, must be provided for any deduction with the exceptions of FICA and federal tax. 12.5 Apprentices may be employed on the project; however, the Bureau of Apprenticeship & Training must certify them and the allowable ratio of apprentices to Journeyman must not be exceeded. 12.6 Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage decision; The decision, which is applicable to this project, is TXl 00059. The wage decision must be posted at the construction site along with required posters for the duration of construction activity. Any classification needed which does not appear on the wage decision, must be requested and approved by the U.S. Department of Labor prior to the use of that classification on the project. 12.5.l If the work classification(s) that you need does not appear on the wage decision, you will need to request an additional classification and wage rate. You are required to identify the classification you need and recommend a wage rate for DOL to approve for the project. For primary contractors this request can be submitted directly to OBA payroll monitor. For subcontractor, the request should be submitted directly to the primary contractor. l~.5.2 Any person who is employed on a piecework basis must be shown on the payroll. The hours worked each day and total hours for the week must be shown. The hourly rate of the piece worker must equal or exceed the prescribed hourly rate for the particular work classification. 12.5.3 Dual work classifications within the same payroll period are acceptable provide4 that a signed, verification of the dual work classification is furnished from the employee. When. dual work classifications are used submit the form "EMPLOYEES STATEMENT OF WORK VERIFICATION". 12.5.4 Unless otherwise specified by the applicable wage decision, the classification of "helper'' is unacceptable. Employees must be classified and paid based on the work they perform, e.g., if a person performs the duties of or uses the tools of a plumber, that person must be classified as a plumber, not as a plumber's helper (the plumber classification is used there as an example only). 12.5.5 The general contractor will be required to certify that all laborers and mechanics employed on the project (including those employed by subcontractors) have been paid hourly rates as prescribed by the applicable laws. · - J - - - 12.5.6 Work service requested under this project will have a wage decision provide per work service request. The date of the work service or the work order will "lock-in" the wage decision for that work service request. 12.5.7 Failure to comply will result in withholding full or partial payment. 12.5.8 Any questions concerning labor requirements should be directed to the contact(s) below. Questions regarding DBA requirements should be directed through the general contractor who is ultimately responsible for the fulfillment of the se obligations. 12.5.9 Wage decisions may be provided by the Compliance Division in the Housing and Economic Development Department through sherry Johnson, Contract Compliance specialist at 817-392-7333; or Alex Rivera Rodriguez, Contract Compliance Specialist at 817-392-8365 . 12.0 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROVISIONS 12.1 If this project is assisted in whole or in part by any federal funds, the work order will be subject to a Disadvantaged Business Enterprises (DBE) goal. 12 .2 All proposers shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of DBE in the procurement of services with fees of$25,000 or more by establishing a (DBE) goal. 12.3 The DBE goal on this project .is ___ _ 12.4 The information shall be submitted with the proposal and shall include: (1) the name, address and telephone number of each DBE; (2) the description of the work to be performed by each DBE and (3) the approximate dollar amount/percentage of the participation. 12.5 lfthe DBE firm(s) located within the State of Texas is located in the north region it must be currently certified or in the process of being certified by the N:orth Central Texas Regional Certification Agency (NCTRCA). If the-firm is DBE certified by another agency of the Texas Uniformed Certification Program (1UCP), it must seek M/WBE certification by the NCTRCA. Those firms outside of the State must be certified by the NCI'RCA as well. All DBE's must have ·certification status with the (NCTRCA) in order to be counted towards the DBE goal on federally funded projects prior to recommendation fqr award being made to the City Council. 12.6 If a proposer fails to meet the stated DBE 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 DBE participation. 12.7 Failure to submit the DBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated DBE goal may render the proposal non-responsive. The DBE utiliz.ation will be part of final weighted selection criteria. 13.0 OTHER REQUIREMENTS 13.l If this project is. assisted in whole .or in part by any federal funds , any work orders will be subject to the following applicable federal laws: 13 .1.1 Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations") 13 .1.2 Title I of the Housing and Community Development Act of 1974 as amended (42 USC 5301 et seq.) 13 .1.3 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24 13 .1.4 Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) 13.1.5 Title Vill of the Civil Rights Act of 1968 (42 USC 3601 et seq.) 13.1.6 Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 I3. l. 7 The Age Discrimination in Employment Act ofl967 (29 USC 621) 13.l.8 The Age Discrimination Act of 1975 (42 USC 6101 et seq.) 13.l.9 Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and · 24 CFR Part 8 where applicable 13 .1.10 The Americans with Disabilities Act of 1990. (42 USC 12101) 13 .l .11 National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 13 . l.12 The Clean Air Act, as amended ( 42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. 13 .1.13 The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees 13 .1.14 Drug Free Workplace Act-of 1988. (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F - - 13.1.15 Regulations as 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons 13.1.16 Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. 13.2 Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u et seq.) and its related regulations at 24 CFR Part 135 13.2.1 If the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3'') requires that the following clause be inserted in all covered contracts ("Section 3 Clause") Such covered contracts or activities include CDBG-funded construction, reconstruction, conversion or rehabilitation of housing as set forth at 24 CFR 135.5. . A The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U .S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR. Part 135, which implement Section 3. As ·evidenced by their execution of this contract, the Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum nwnber and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. . D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action. as provided in an applicable provision of the subcontract or in thls Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled ( l) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with ffiJD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G With respect to work performed in connection with Section 3 covered In4ian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7{b)." 13.2.2 City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. 14.0 OTHERLAWSTHATMAY APPLY 14.1 Contractor covenants and agrees that its officers, members, agents, employees, Program participants and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Title I of .the - Housing and Coinmunity Development Act of 1974 (42 USC 5301 et seq.), as amended, and the CDBG Regulations, as amended, (24 CFR Part 570 et seq.). Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG 15.0 NONDISCRIMINATION 15 .l Contractor will not unlawfully discriminate agii.inst any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Contractor permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. 15.2 Contractor covenants that neither it nor any of its officers, members, agents, employees, Program participants or subcontractors, while engaged in perfonning this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the tenns, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. 15.3 Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, Program participants, or ·persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 15 .4 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully .comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 15.5 This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article Ill, Division 3 "Discrimination in Employment Practices", of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or Program participant has been discriminated against by the tenns of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. · City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects Table of Contents I. Pre-Construction Conference Minutes/Special Instructions to Bidders on Federally Attachment C PAGE Funded Projects .......................................................................................... 2-5 II. Contractor I Sub Information Forms .................................................................. 6-7 Ill. Start of Construction Form ............................................................................. 8 N. Construction Complete Form ........................................................................... 9 V. City of Ft Worth Budget and Management Services Department, Affirmative Action Plan: ............................................................................................................... 10-18 Section 3 of the Housing and Urban Development Act of 1968 A Section 3 Attachment Forms ....... : ............................................................... 19 1. Attachment B Self-Certification Form ...................................................... 20 2. Attachment D Statement of Release Form .................................................. 21 3. Attachment E Preliminary Statement of Workforce Needs Form ...................... 22 4. Blank Page ....................................................................................... 23 VI. Statement of Policy on Equal Employment Opportunity Form ..................................... 24 VII. Department of Housing and Urban Development Contract Requirements .................... 25-36 Executive Order 11246, Equal Opportunity Clause; Section 202 A. Executive Order 11246 Forms 1. Certification and Acknowledgment Form .................................................. 37 2. Certification of Bidder Regarding Equal Employment Opportunity Form ............ 38 3. Certification Regarding Lobbying Form ................................................... 39 4. CertificateofOwner'sAttomeyForm ...................................................... 40 VIII. U.S. Department of Labor Wage and Hour and Public Contract Divisions A Instructions for Completing Payroll form WH-347 .......................................... .41-44 B. U.S. Department of Housing and Urban Development 1. Certificate from Contractor Appointing officer or employee to Supervise Payment of Employees Form .......................................................................................... 45 2. Blank Page .................................................................................... 46 3. Payroll Form ................................................................................. 47 4 . Blank Page .................................................................................... 48 5. U.S . Department of Labor Statement of Compliance Form ....................... : ... 49 6. Employees Statement of Work Verification Form . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . .. . . .. . 50 7. Payroll Deduction Authorization Form ................................................... 51 IX. U.S. Department of Housing and Urban Development Community Development Block Grant Input: Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements ············································ ............................................................... 51-55 *City of Fort Worth Community Development Block Grant Funded Project Form Packet will include these documents. D How to Complete Payroll Forms D Equal Employment Opportunity Poster D U.S. DepartmentofLaborPoster D Project Designation Sign · ----·· --········ .. -·-····--·--........... ------.. -----------------.. -· -·-... ··-· -···----·-·------······· -------·--·--- - - - City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects Attachment C PRE-CONSTRUCTION CONFERENCE MINUTES DATE: _________ _ TIME: _________ _ LOCATION: ________________________ _ PROJECT NAME: ______________________ _ LOCATION OF PROJECT:--------------------- PROJECT NUMBER: ______________________ _ CONTRACT NUMBER: _____________________ _ ATTENDEES NAME AND ADDRESS OF FIRM TELEPHONE NUMBER 2 ···--------------·-·-·---------·····-··· ·------------------···---··········-·-···-----·-- City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects Attachment C PRE-CONSTRUCTION CONFERENCE MINUTES NOTES 3 --··-··-··--······-------·-··--·-··-·-··--·------- .-. City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects Attachment C SPECIAL INSTRUCTIONS TO BIDDERS ON FEDERALLY FUNDED PROJECTS This project is subject to the Davis-Bacon Act (DBA), Copeland Act, Contract Work Hours Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA). FLSA sets out the requirements for payment of minimum wages, overtime pay, child labor standards and prohibit wage discrimination on the basis of sex. DBA specifies the minimum wages to be paid the various classes of!aborers and mechanics employed on the project CWHSSA sets a uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in excess of 40-hours per week. The Copeland Act prohibits kickbacks being paid by the employee to the employer and requires the weekly submission of payrolls. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS AND/OR WITHHOLDING OF INSURED ADVANCES . The contractor should inform his foreman and subcontractors that this project is subject to periodic employee wage interview visits by City staff and/or federal agencies, such as HUD or DOL, to insure compliance with the · aforementioned regulations. These federal officers or City staffs are not to be prevented from conducting such interviews. The suggested payroll form is WH-347, Payroll. HUD prior to use must approve all other payroll forms . Payrolls must be supmitted to the Budget and Management Services Department, Contract Management Division within seven days after a pay period end. A pay period is seven (7) consecutive days. Payrolls must be original and must be completely executed. The signature must be that of owner, partner, officer of authorized individual, and must be an original ink signature. It is suggested that blue ink be used. The certification dates must cover the seven (7) day period. "A CERTIFICATION FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES" form must be submitted. The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this contract are to be maintained during the course of work and preserved for a period of three years thereafter. Liquidated damages will be assessed for failure to pay overtime. The assessment amount is $10 per day per violation. Overtime begins on this project after 40 hours per week Additionally, wage restitution must be paid to any employee who is undexpaid whether the underpayment is due to failure to pay overtime or failure to apply the prescribed hourly rate of pay. Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage decision. The decision, which is applicable to this project, is . The wage decision must be posted at the construction site along with required posters for the duration of construction activity. Any classification needed, which does not appear on the wage decision, must be requested and approved by the U.S. Department of Labor prior to the use of that classification on the project In instances where the owner of a company performs work on the project, that owner must show himselfi' herself on the payroll and must show the hours worked each day and total hours for the week. All persons who perform work on the project must be shown on the payroll. The address and social security number for each employee must be included the first time that employee appears on the payroll and any time their address change. Apprentices may be employed on the project; however, the Bureau of Apprenticeship & Training must certify them and the allowable ratio of apprentices to j oumeyman must not be exceeded. Payrolls are required for weeks in which no work is perfonned labeled ''NO WORK. PERFORMED". The first payroll furnished must show "INITIAL" in the payroll number block. Likewise, the last payroll must show "FINAL". Subsequent payrolls following the initial payroll must be numbered sequentially beginning with number 2, including payrolls labeled "NO WORK PERFORMED". 4 -------.. --.. -----··-... -··· ···•···• ............ --______ ........... --------·---·---.. --......... --.. ---·-·--..... __ .... -·· City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects Attachment C Any person who is employed on a piecework basis must be shown on the payroll. The hours worked each day and total hours for the week must be shown. The hourly rate of the piece work er must equal or exceed the prescnoed hourly rate for the particular w ork cl assification. Dual work classifications within the same payroll period are acceptable provided that a signed verification of the dual work classification is furnished from the employee. When dual work classifications are used submit the form "EMPLOYEES STATEMENT OF WORK VERIFICATION'. Deduction authorizations, signed by employees, must be· provided for any deduction with the exceptions of FICA and federal tax. Unless otherwise specified by the applicable wage decision , the classification of "helper" is unacceptable. Employees must be classified and paid based on the work they perform, e.g., if a person performs the duties of or uses the tools of a plumber, that person must be classified as a plumber, not as a plumber's helper (the plumber classification is used there as an example only). The general contractor will be required to certify that all laborers and mechanics employed on the project (including those employed by subcontractors) have been paid hourly rates as prescn'bed by the applicable laws. Failure to comply will result in withholding full or partial payment Any questions concerning labor requirements should be directed to the contact(s) below. Questions should be directed through the general contractor who is ultimately responsible for the fulfillment of these obligations Contact Persons : City of Fort Worth Contract Management Division Sherry Johnson (817) 392-7333 or 1000 Throckmorton Street Fort Worth, Texas 76102 5 -----·--------·-· -------------- ,. \ - ... Attachment C City of Fort Worth Community Development Biock Grant (CDBG) Funded Construction Projects CONTRACTOR INFORMATION 1. Contractor:. ______________________ _ 2. Address:. _______________________ _ 3. City:----------------------- 4 . Telephone: ----------Fax:. __________ _ 5. Federal I.D. #: 6. Officers of the Corporation: President: Vice President: ------------ Secretary: Treasurer: 7. If sole owner or partnership, list owner (s): !Racial/Ethnic Ownership: 1 • White American 2 • Black American 3 -Native American 4 -Hispanic American 5 -Asian/Pacific American 6 -HasidicJew I certify at the time of execution, hereo f, neither my company nor my corporate officers (if incorporated) are listed in the list of Debarred, Suspended, and Ineligible Contractors maintatned by the Department of Housing and Urban Development (HUD). Signature ______ --'------------ 6 City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects Date:---------- SUBCONTRACTOR INFORMATION (To be completed by contractor) 1. Subcontractor: ---------------------- 2. ContractAmount: --------------------- 3. Address:------------------------ 3 . City:-~------------------------ 4. Telephone: _________ Fax: ____________ _ 5. Federal I.D. #: ----------------------- .__!Ra_ci_al/E_t_hni_._c _Own_e_rs_hi_'p._: ________ ___.! 1 -White American 2 -Black American 3 -Native American 4 -Hispanic American 5 -Asian/Pacific American 6 -Hasidic Jew 7 Attachment C / -- City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects START OF CONSTRUCTION Date: ______ _ Attachment C Project Name : ----------------------------- Project Location: ---------------------------- Project Number:----------------------------- U.S. Department of Labor Wage Decision:-------------------- This is to inform you that the: (Name of Company) of _____________ --------------------~ (State) (Address) (City/Town) ____ , has started work on the above referenced project covered by our · (Zip) contract with you, as of. _________ _ (Date) Respectfully yours, (Name of Company) BY------------------~ (Signature) (Title) 8 .. ... , City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects CONSTRUCTION COMPLETE Date: ______ _ Attachment C Project Name: ----------------------------- Project Location: ---------------------------- Project Number:----------------------------- U.S. Department of Labor Wage Decision:-------------------- This is to inform you that the: (Name of Company) of---------------------------------~ (Address) (Cityffown) ____ , has terminated work on the above referenced project covered by our (State) (Zip) contract with you, as of _________ _ (Date) Respectfully yours, (Name of Company) By __________________ ~ (Signature) (Title) 9 City of Fort Worth Community Development Block Grant (CDBG) Funded Construction Projects FORT WORTH Attachment C City of Fort Worth HOUSING AND ECONOMIC DEVELOPMENT (Compliance Division) Affirmative Action Plan Under Section 3 of The Housing and Urban Development Act of 1968 10 Revised 11/2007 City of Fort Worth Affirmative Action Plan Part I: Part II: Part ill: Part IV: Part V: Table of Contents Purpose and Background Information 1. Summary Explanation and Purpose ........................................................................... 12 2. Geographical Applicability ................................................................................. 12-13 3. Applicability to Businesses ........................................................................................ 13 4. Applicability to Individuals ....................................................................................... 13 Selection of Subcontractors and Vendors ................................................................................ 14 1. Procedures ....................................................................................................... 14 · 2. Sources for Locating Section 3 Covered Businesses ................................................. 14 3. Required Contract Clauses ....................................... : ........................................... 14-15 Hiring Trainees and Employees ............................................................................................... 15 1. Procedures ................................................................................................. 15-16 2. Good Faith Efforts ..................................................................................................... 16 Compliance and Consequences ................................................................................................ 16 1. Monitoring ofRequirements ...................................................................................... 16 2. Grievance Procedures ................................................................................................ 17 3. Sanctions .................................................................. : ....................................... 17-18 Section 3 Attachments ........................................................................................................ 19 1. Self-Certification Form A TI ACHMENT B ........................................................................... 20 2. Statement of Release AIT ACHMENT D .............................................................................. 21 3. Preliminary Statement Work Force Needs ATTACHMENT E .......................................... 22 4. Blank Page .............................................................................................. 23 11 City of Fort Worth City ofFort Worth Fiscal Services Department Affirmative Action Plan Budget and Management Services Department Affirmative Action Plan Under Section 3 of the Housing and Urban Development Act of 1968 1. Summary Explanation and Purpose: Section 3 of the Housing and Urban Development Act of 1968, as amended, ("Section 3 ") is binding upon the City of Fort Worth, ("the City'') and its Contractor in all projects using Community Development Block Grant (CDBG) funds . Any Contractor receiving CDBG funds, from whatever source, is bound by Section 3 . . The two primary purposes of Section 3 are (1) to encourage the use of small, local and minority businesses as suppliers of goods and services, and (2) to encourage the use oflocal, minority and lower income persons as trainees and employees. Section 3 requires that good fa ith efforts be made to achieve these purposes. This plan sets forth the procedures that will be followed by the City of Fort Worth's Budget and Managemen t Services Department, Contract Management Division ("CMD") and all its CDBG Contractors to accomplish these purposes. Specific regulations governing Section 3 are set out in 24 CTR 135. 2. Geographical Applicability: For the Community Development Block Grant Program, Section 3 is applicable to all activities taking place . within the corporate limits of the City of Fort worth, Texas. Within this "Section 3 covered area", the CMD Target areas are considered priority areas. The Target areas include the following 2000 census tracts/block group numbers: 1001.01/1 , 1001.0l/3, 1001.01/4, 1001.01/6, 1001.02/4, 1001.02/5, 1001.02/6, 1002.01/1, 1002.01/2 , 1002 .01/3, 1002.01/4, 1002.02/1, 1002.02/2, 1002.02/3, 1002.02/4, 1002.02/5, 1003/1, 1003/2, 1003/3, 1003/4, 1003/5, 1003/6, 1004/1, 1004/2, 1004/3 , 1004/4, 1004/5, 1004/6, 1005.01/1 , 1005.01/2, 1005.01/3 , 1005.01/4, 1005.01/5, 1005 .01/6, 1005.02/1, 1005.02/2, 1005 .02/3, 1005 .02/4, 1005.02/6, 1005.02.7, 1006.02/2, 1006.02/3, 1007/1 , 1007/2, 1007/3 , 1007/5, 1008/1 , 1008/2, 1008/3, 1008/4, 1008/5 , 1009/1 , 1009/2, 1009/3 , 1010/1, 1010/2, 1011/1 , 1011/2, 1011/3 , 1011/4, 1012.01/1, 1012 .01/2, 1012.02/2, 1012.02/3 1012.02/4, 1012.02/5, 1012 .02/6 , 1013.01/4, 1013 .02/2, 1013.02/3, 1013 .02/4, 1014.02/1, 1014.02/2, 1014.02/3, 1014.02/4, 1014.03/2, 1014.03/3, 1014.03/4, 1014.03/5, 1014.03/6 , 1014 .03/7, 1015/2, 1015/3, 1015/5, 1016/1 , 1016/2, 1017/1, 1017/2, 1017/3 , 1018/1, 1018/2, 1020/1, 1020/2, 1021 , 6, 1021/7, 1023.01/1, 1023 .01/2, 1023 .01/3, 1023.01/4, 1023.02/4, 1023 .02/5, 1024.01/4, 1024.01/5 , 1024.01/6, 1025/1, 1025/2, 1025/3, 1025/4, 1025/5, 1025/6, 1026/4, 1026/6 , 1026/7, 1026/8 1027/1 , 1027/2, 1028/1, 1029/1, 1029/2, 1029/3, 1030/1, 1030/2, 1030/3, 1031/1, 1032/1, 1033/1, 1033/2, 1033/3 , 1033/4, 1034/1, 1034/2, 1034/3, 1035/1, 1035/2, 1035/3, 1035/4, 1035/5, 1035/6, 1035/7, 1036.01/1, 1036.01/2, 1036.01/3, 1036.01/4, 1036.02/2, 1037.01/1, 1037.01/2, 1037.01/3 , 1037.01/4, 1037.02/1, 1037.02/2, 1037.02/3, 1038/1 , 1038/2, 1038/3 , 1038/4, 1038/5 , 1038/6, 1039/1, 1039/2, 1039/3, 1040/1 , 1040/2, 1040/3, 1041/1, 1041/2, 1041/3 , 1041/4, 1041/5, 1041/6, 1042.02/5, 1043/2, 1043/3, 1043/4, 1043/5, 1044/1, 1044/3, 1044/4, 1044/7, 1045.01/1 , 1045.01/2, 1045 .01/3, 1045 .01/4, 1045 .01/5, 1045.01/6, 1045.01/7, 1045 .01/8, 1045.02/1, 1045 .02/2, 1045.02/3, 1045.03/1 , 12 City of Fort Worth Affinnative Action Plan Should the Contractor wish to hire trainees for a CDBG assisted project, lower income individuals will be used to the greatest extent feasible in the various training categories. All vacant trainee positions should be filled with lower income individuals, if at all possible. Only after a good faith effort to place lower income individuals in vacant trainee positions has been made will the Contractor use non-Section 3 covered individuals as trainees. Should the Contractor need to hire already trained employees, similar preference will be given to qualified lower income individuals who apply for those positions. For each occupational category in which vacancies exist, the contractor will set a realistic goal for the number of lower income individuals to be hired . The Contractor will make a good faith effort to see that such goals are met. To the greatest extent feasible, the Contractor will use lower income individuals as CDBG project employees. Any Contractor that fills vacant employment positions immediately prior to starting a CDBG project will be required to show that its actions were not an attempt to circumvent Section 3 requirements. When a lower income individual applies, either on their own initiative or on referral from any source, the Contractor will review his/her qualifications and hire the individual if his/her qualifications are satisfactory and the Contractor has an opening. If the Contractor does not have an opening, the individual will be listed for the first available opening. If applicant qualifications are equal, lower income persons will be given preference in hiring. An exception will be made when a Section 3 covered project meets the requirements of Executive Order 11246. In this case, when qualifications are equal, minority persons will be given first preference in hiring. The City will require applicants claiming to be lower income to state their family income at the time of application. 2. Good Faith Efforts: A Contractor may show good faith efforts to hire lower income individuals by: (1) Confirming with the Department of Housing and Urban Development's Regional Administrator, Area Office Director, or FHA Insuring Office Director, the geographical Section 3 covered area for the Contractor's specific project; and (2) Using local media, project area community organizations, local public and private institutions, and/or signs placed at the proposed project site to recruit lower income applicants for training and employment positions with the project. l. Monitoring ofRequirements: CMD will monitor the efforts of its contractors to achieve the purpose of Section 3 in two primary ways. First, the documentation required of CDBG Contractors will be examined to determine if good faith efforts are being made to comply with Section 3 requirements. Any obvious omissions or improper actions will be questioned and the manner in which compliance can be documented will be determined by CMD. Next, CMD will conduct on site reviews to assure that any estimates or projected figures for training and employment have been achieved to the best of the Contractor's ability. If a high percentage of the employees of, and subcontractors for, a program meet Section 3 standard, the good faith efforts of the Contractor will be assumed. If compliance problems are discovered CMD will encourage the Contractor to resolve them. If this informal persuasion should fail CMD may request that sanctions (as specified below) be applied. 16 City of Fort Worth Affirmative Action Plan 2. Grievance Procedures: Any person or business meeting the definitional standards of Section 3 may personally, or by representative, pursue the grievance procedures outlined here. Informal complaints should be directed to CMD for investigation of its Contractor's compliance, or to the Contractor for investigation of the subcontractor's compliance. CMD Contractors will notify CMD of all informal complaints they receive. If the complaint is found valid, CMD will make an effort to secure Section 3 compliance through conferences, persuasion and/or mediation. A written notice specifying the exact nature of the non-compliance will be issued to the non-coin.plying party. The notice will recommend specific action to correct the non-compliance and specify a time limit for doing so. Continued non-compliance may result in the application of the sanctions listed below. If the complainant is not satisfied with the informal complaint procedure, or its outcome, a formal grievance may be filed. The grievance should be in writing and include: (1) the name and address of the grievant; (2) the name and address of the grievant business, if applicable; (2) the name and address of the City, Contractor, or Subcontractor (hereafter called "respondent''); (4) a description of the acts or omissions giving rise to the grievance; and (5) the corrective action sought. The grievance should be signed by the grievant and mailed to Program Operations Division, Department of Housing and Urban Development, Fort Worth Regional Office, PO Box 2905, Fort Worth, Texas, 76113-2905; or Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development, Washington, DC 20410. A grievance must be filed no later than ninety (90) days from the date of the action ( or omission) upon which it is based. The time for filing may be extended by the Secretary of Housing and Urban Development, if good cause is shown. Upon receipt of a grievance by the Secretary, a copy of it will be furnished to the respondent The Secretary will conduct an investigation and will give written notice to both the grievant and respondent as to the decision reached. The grievance may be dismissed or sanctions may be applied, as appropriate. 3. Sanctions: Failure or refusal to comply with or give satisfactory assurances of future compliance with the requirements of Section 3 shall be the proper basis for applying sanctions. Any or all of the following actions may be taken, as appropriate: cancellation, termination, or suspension in whole or in part of the contract or agreement; determination of ineligibility or debarment from any further assistance or contracts under this program until satisfactory assurance of future compliance has been received; referral to the Department of Justice for appropriate legal proceedings. 17 City of Fort Worth Affirmative Action Plan Minority/ Women Business Enterprise It is the policy of the City of Fort Worth to involve Minority/ Women Business Enterprises in all phases of its procurement practices and to provide them equal opportunities to compete for contracts for construction, professional services, purchases of equipment and supplies , and provision of other services required by the City. The City operates the Minority/ Women Business Enterprise (M/WBE) office to assist in the location and certification of Section 3 covered businesses. A list ofM/WBE businesses that have been certified by the City of Fort Worth will be provided to you upon request If you need to secure services or supplies, please contact the City's M/WBE office: CITY OF FORT WORTH M/WBE OFFICE 1000 THROCKMORTON FORT WORTH, TX 76102 (817) 392-6104 18 City of Fort Worth Affirmative Action Plan SECTION 3 ATTACHMENTS Please Complete and Return Within Seven (7) Days 19 City of Fort Worth Affirmative Action Plan ATTACHMENTB SELF-CERTIFICATION FORM SOCIALLY OR ECONOMICALLY DISADVANTAGED Business/Agency Name:--------'------------ Address: ----------------------- Zip Code:----------------------- ! am a member of the following minority group: (Circle One) Black American Indian/ Alaskan Native Asian/ Spanish- Pacific Islander Surnamed I own at least 51 percent of the above business: Other (Specify) Date: ---------Signature:------------------ Business/ Agency Name: Title:----------------- SELF-CERTIFICATION FORM NON-PROFIT ORGANIZATION This organization is a non-profit organization. Address: ------------------------------ Zip Code: ___________________________ _ Date: ---------Signature:------------------- Title:--------------------------------- 20 City of Fort Worth Affcrmative Action Plan ATTACHMENT D Statement of Release I will not subcontract any work in connection with this project unless I first receive the prior written approval of the Housing and Economic Development , Contract Management Division of the City of Fort Worth. Business/ Agency Name: Type of Business/Organization: Address: ------------------------------------ (Street) (City) (State) (Zip) Signature: ______________________ _ Title: ------------------------- 21 Contractor's Name: Address: Date: Employment Classification CONSTRUCTION: Foremen JoumeYfilen A~rentices Laborers GRANDTOTAL ATTACHMENT E PRELIMINARY STATEMENT WORK FORCE NEEDS OCCUPIED PERMANENT POSITIONS TOTAL MINORITY* Male Female Male Female SUBMITTEDBY: ------------------TITLE: ___________________ _ VACANT posm, TOTAL Male Female Mi fj STATEMENT OF POLICY ON EQUAL EMPLOYMENT 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 ftrm will insure that this policy is continually enforced with regard to employment, promotion, upgrading; demotion, transfer, recruitment, and recruitment advertising, lay off and termination, compensation, training, and working conditions. We will make it understood by all with whom we deal, and in all our employment opportunity announcements that the foregoing is our policy. All applicants and employees will be judged solely on the basis of their skill, devotion loyalty, reliability and integrity. Company Name Signature EFFECTIVE APRIL 1, 1990 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT REQUIREMENTS Contractor agrees to comply with the requirements of the Housing and Urban Development Act of 1968, as amended, and with the regulations promulgated thereunder. Specifically, Contractor shall comply with the following Acts and Orders and their regulations: 1. EXECUTIVE ORDER 11246. EQUAL OPPORTUNITY CLAUSE: SECTION 202 During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race. color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The_ Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and with the rules, regulations and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department of Housing and Urban Development ("the Department") and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. £ In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be canceled, terminated or suspended -in whole or in part and the Contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the sentence immediately preceding Paragraph a and the provisions of Paragraphs a through g in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. h. The Contractor shall submit a certification and shall require each of its subcontractors to submit a certification that all facilities provided for employees of Contractor or any subcontractor shall be fully integrated, and Contractor shall not permit its employees to perform their services in any locations under its control where segregated facilities are maintained. i. The Contractor and each subcontractor shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and for inspecting and copying such books, records, accounts and other material as may be pertinent to compliance with the Order and the rules and regulations promulgated pursuant thereto by the City. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purposes of the Order and the Act. 2. AFFIRMATIVE ACTION ACTS a. In performance of all contracts, the Contractor will comply with the Affirmative Action Guidelines of Executive Order 11246 and the implementing regulations and documents thereof. b. In performance of all contracts in the amount of$10,000 or more: Contractor will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu, and the implementing regulations and documents and shall have on file a written affinnative action policy, which has the stated work force goals of 18.2% minority persons and 6.9% females, and must follow the hiring practices specified in Subsection C, below. Additionally, Contractor agrees to the following provisions: (1) The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, f2 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment are given to lower income residents of the· project area and contracts for work in connection with the project are awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation ofregulations issued by the Secretary of Housing and Urban Development as set forth in 24 CFR 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns, to those sanctions specified by the grant, loan agreement or contract through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135. c. In performance of all contracts in the amount of $50,000 or more, and where the Contractor employs more than twenty-five non-construction employees, the Contractor must promulgate a specific affirmative action plan, and must take specific affirmative action to ensure equal employment opportunities. Contractor shall impleme nt affirmative action steps at least as extensive as the following: (1) Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and are carrying out the Contractor's obligations to maintain such a working environment, with specific attention to minority and female individuals working at such sites or in such facilities. The Contractor, where possible, will assign two or more women to each construction project. (2) Establish and maintain a current list of minority and female recruitment sources and provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the City when the union or unions with which the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or woman sent by the Contractor, or when ·the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeships and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subsection (2) above. ( 6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obliga- tions; by including it in any policy manual and collective bargaining agreement; by publicizing it _ in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, lay-off, termination or other employment decision, including specific review of these items with on-site supervisory personnel, such as superintendents and general foremen, -prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the ·---------------------- name and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (8) Disseminate the Contractor's EEO policy externally by including highlights of it in any advertising in the news media, specifically including minority and female news media, and providing written notification to, and discussing the Contractor's EEO policy with, other contractors and subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and \Vritten, to minority, female and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after-school, summer and vacation employment to minority and female youths, both on the site and in other area of the Contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR, Part 60-3. (12) Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. ( 13) Ensure that seniority practices, job classifications, work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment- related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out (14) Ensure that all facilities and company activities are non-segregated except as separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. --···--· -·--·· .. -----·-····--··--·-···----- (15) Document and maintain a record of all solicitations for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policy and affirmative action obligations. d . The Contractor shall designate a responsible official to monitor all employment-related activities to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the City and to keep records of the same. Records for each employee shall at least include: the employee's name; address; telephone number; construction trade; union affiliation, if any; employee identification number where assigned; social security number; race; sex; status;, dates of changes in status; hours worked per week in the indicated trade; rate of pay; and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy thls requirement, Contractor shall not be required to maintain separate records. 3. COPELAND ANTI-KICKBACK ACT In any contract involving construction or repair, Contractor agrees to comply, and shall require its subcontractors to comply, with the provisions of the Copeland "Anti-Kickback Act" (18 U .S.C. 874), as supplemented in Department of Labor regulations (29 CFR Part 3). This Act provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitled; and, if found guilty of doing so, shall be fined not more than $5,000 or imprisoned not more than five (5) years, or both. 4. DA VIS-BACON ACT In any contract for construction in excess of $2,000: Contractor agrees to comply, and shall require its subcontractors to comply, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to a-7). This Act requires contractors to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor and to pay wages· not less often than once a week Specifically, Contractor agrees to comply with the.following Department of Labor regulations (29 CFR Part 5): a. Minimum Wages All laborers and mechanics employed or working upon the site of the work performed pursuant to this contract will be paid unconditionally and not less often than once a week, and Without subsequent deduction or rebate on any account ( except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act), the full amount of wages and bonafide fringe benefits ( or cash equivalents thereof) due at the time of payment, computed at rates not less than those contained in the wage determination of said 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 bonafide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Paragraph d of this clause; also, regular contnbutions made or costs incurred for more than a weekly period under plans, funds or program which occur the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classifications of work actually perfonned without regard to skill, except as provided in the clause entitled "Apprentices and Trainees." Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifi- cations and wage rates conformed under Paragraph b of this clause) and the Davis-Bacon poster shall be ---····--------- posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where they can easily be seen by the workers. b. Employment of Laborers or Mechanics not listed in Aforesaid Wage Determination Decision (1) The City shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under this Contract shall be classified in conformance with the wage determination. The City shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (a) The work to be performed by the classification requested is not performed by a classification in the wage determination; (b) The classification is utilized in the area by the construction industry; and ( c) The proposed wage rate, including any bonafide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification or their representatives and the City agree on the classification and wage rate, including the amount designated for fringe benefits, where appropriate, a report of the action taken shall be sent by the City to the Administrator of the Wage and Hour Division, Employment Standards Administration, United States Department of Labor. The Administrator, or an authorized representative , will approve, modify or disapprove every additional classification action within 30 days or receipt and so advise the City or will notify the City within the 30-day period that additional time is necessary. (3) In the event the Contractor, the laborers or mechanics to be employed in the classification, and the City do not agree on the proposed classification and wage rate, including the amount designated for fringe benefits, where appropriate, the City shall refer the questions, including the reviews of all interested parties and the recommendations of the City, to the Administrator for determination. The Administrator of the Wage and Hour Divisions, or an authorized representative, will issue a determination within 30 days of receipt and will so advise the City or will notify the City within the 30-day period that additional time is necessary. (4) The wage rates determined pursuant to the above prov1S1ons shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. c. Fringe Benefits Not Expressed as Hourly Wage Rates Whenever the minimum wage rate prescribed in this Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay either bonafide fringe benefits or an hourly cash equivalent thereof. d. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a· part of this Contract, provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor with respect to fringe benefits being provided by the Contractor must be submitted to the City with the first payroll filed by the Contractor subsequent to receipt of the findings. e. Underpayments of Wages or Salaries -----·-·--·------·-·---------------···-·-········-·-·-------- The City shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this Contract or any other federal contract with the same prime Contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the Contractor or any subcontractor, the full amount of wages required by this Contract In the event of Contractor's failure to properly pay any laborer or mechanic, including any apprentice, trainee or helper employed or working on the site of the work, the City may, after written notice to the prime Contractor, take such action as may be necessary to cause a suspension of any further payment, advance or guarantee of funds until such violations have ceased. The amount so withheld may be disbursed by the City, for and on account of the Contractor · or the subcontractor, to their respective laborers or mechanics to whom the same is due or on their behalf to plans, funds or programs for any type of fringe benefit prescribed in applicable wage determination. f. Payrolls and Basic Payroll Records of Contractor and Subcontractors ( 1) Payrolls and basic records relating to the work performed under the terms of this Contract shall be maintained by the Contractor during the course of the work .and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address and social security number of each such worker, his or her correct classification, hourly rate of wages paid (including rates of contnbutions or costs anticipated for bonafide fringe benefits or cash equivalents thereof), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor bas found that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing benefits under a plan or program described by the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or · program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and the cost anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprenticeships and trainees, and the ratios and wage rates prescribed in the applicable program. (2) (a) The Contractor shall submit weekly a copy of all payrolls to the City if the City is a party to the Contract, but if the City is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the City. The payroll submitted shall set out accurately and completely all of the information required to be maintained under Paragraph (1) of this Section. The information shall be submitted in a form approved by the City. The Contractor is responsible for the submission or copies of payrolls by all subcontractors. (b) Each payroll submitted shall be accompanied by a "statement of compliance", signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be maintained under Paragraph (l) of this Section and that such information is correct and complete; (ii) That each laborer or mechanic employed on this Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions. --·-·····--·--··-····---··-··---·-···-··------------·-····-··------------------------·-·---·-·- (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalent for the classification of work per- formed, as specified in the applicable wage determination incorporated into this Contract (c) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Sec. I 00 I of Title :XVID and Sec. 231 ofT itle XXXI of the United States Code. (3) The Contractor or subcontractor shall make the records required under Paragraph (1) of this section available for inspection, copying, or transcription by the City or the Department of Labor or their authorized representatives. The Contractor and subcontractors shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the City may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds . Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CTR 5.12. g. Employment of Apprentices and Trainees (1) 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 bonafide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprenticeship wage rate, who is not registered or otherwise employed as stated above shall be paid not less than the applicable wage rate on the wage determination for the classification of work 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 no less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a state apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. ------·-··"· ·---------·---·-·-... -.,-.. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work . actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. h. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary · of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, to be made from wages actually earned by persons so employed or to be employed in such classifications, in accordance with the provisions of this Contract, shall be posted at appropriate conspicuous points at the site of work i. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to the classification of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the City for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 5. CONTRACT WORK.HOURS AND SAFETY STANDARDS ACT Contractor will comply with all provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as supplemented by Department of Labor Regulations (29 CFR, Part 5). Specifically, Contractor will comply with the following standards: a Overtime Compensation No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek. unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his or her basic rate of pay for all hours worked in excess of 40 hours in such workweek. b. Violation: Liability for Unpaid Wages: Liquidated Damages In the event of any violation of the clause set forth in Paragraph a of this section, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his or her unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in Paragraph a of this section. c. Withholding for Unpaid Wages and Liquidated Damages The City shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any monies payable on account of work performed by the Contractor or subcontractor under any contract or any other Federal contract with the same Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in Paragraph b of this section. d . Subcontracts The Contractor shall insert in all subcontracts the clauses set forth in Paragraphs a, b, and c of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in this section. 6. CHILD LABOR ACT Contractor will comply with the Child labor provisions of the Fair Labor Standards Act, 29 U.S.C. 212-319 and that Act's implementing regulations, found at 29 CFR 570. This Act prohibits the paid or unpaid employment of individuals under the age of 18 years on any construction project 7. MISCELLANEOUS PROVISIONS a. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or bas testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. b . Questions Concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statue, shall be referred, --.------. ----------· ·-·-------------------------------------------··--······· through the City and the Secretary of Housing and Urban Development, to the Secretary· of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. c. Provisions to be Included in Subcontracts The Contractor or subcontractor shall insert in any Subcontract the above-specified clauses entitled "3. COPELAND ANTI-KICKBACK ACT," "4. DAVIS-BACON ACT," "5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT," "6. CHILD LABOR ACT," "7. MISCELLANEOUS PROVISIONS" and such other clauses as the City may by appropriate instructions require, and also-a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all the contract clauses cited above. d. Breach of Foregoing Federal Labor Standards Provisions In addition to the causes for termination of this Contract, as herein elsewhere set forth, the City reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of the foregoing Federal Labor Standards provisions. A breach of these Federal Labor Standards provisions my also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. e. Employment Practices The Contractor shall (1), to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) insert or cause to be inserted this provision in each construction subcontract. f. Contract Termination; Debarment A breach of any of the Acts or regulations specified in Paragraph c, above, may be grounds for termination of this Contract and for debarment as a Contractor and a subcontractor, as provided in 29 CFR 5.12. g. Disputes Concerning Labor Standards Disputes arising out of the Labor Standards provisions of this Contract shall not be subject to the General Disputes Clause of this Contract Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR, Parts 5, 6 and 7. Disputes, within the meaning of this Clause, include disputes between the Contractor or any of its subcontractors; and the City, the U .S. Department of Labor, their employees or representatives. h. Certification ofEligioility (1) By entering into this Contract, the Contractor certifies that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Sections 3(a) of the Davis-Bacon Act or 29 CFR 5 .12(a)(l). (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of the above-mentioned sections. ---··-·----·-·-~--------. ------·---_,,., ... _, ______ _ 8. CLEAN AIR.MTJ)WATERACT a. Contractor shall comply with all requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq.). and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this Contract. b . No portion of the work required by this Contract will be performed in a facility listed on the EPA List of Violating Facilities on the date when this Contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. c. Contractor shall use its best efforts to comply with clean air standards and clean water standards at all facilities in which the Contract is being performed. d . Contractor shall insert the substance of the provisions of this clause into any non-exempt subcontract, including this Paragraph. 9. LEAD BASED P AlNT HAZARD In all contracts for construction or rehabilitation of residential structures, the Contractor and all subcontractors shall comply with the Lead-Based Paint regulations found in 24 CFR 35 and shall comply with the provisions for the elimination of lead-based paint hazards under Sub-Part B thereof. 10. RESPONSIBILITY OF CONI'RACTOR REGARDING REPORTS Contractor will comply with the requirements of the City of Fort Worth's Fiscal Department, Intergovernmental Affairs and Grants Management regarding the compiling and reporting of statistical information required by the Federal regulations outlined above. Specifically, Contractor agrees to submit all completed reports according to the instructions and requirements of the Fort Worth Fiscal Services Department/Intergovernmental Affairs and Grants Management, and Contractor understands the failure to do so may be cause for termination of this contract. -·-" .... ·-----·-·---·--··--·----·---·--·····-·---·------- CERTIFICATION AND ACKNOWLEDGMENT I certify that I have read and understand the information regarding my obligations as a Contractor on a project funded by the United States Department of Housing and Urban Development, which is contained in the preceding Contract provisions. I understand that, should I have any questions regarding my obligations, I will as soon as possible contact the Fort Worth Housing and Economic Development , Contract Management Division staff member who is assigned to monitor this Contract Contractor:----------------- By: ________________ _ Title: __________________ _ -·-·· --·--·----·-·-------·-·------·--------·-·-· ·----·---·-··--·· -------------·--·------------·-···--·--···-··-------------·- U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDIN'G EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 CFR 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the Contract whether they have participated in any previous contract or subcontract subject to the Equal Opportunity Clause; and, if so, whether they have filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes D No D (If answer is yes, identify the most recent contract) 2. Compliance reports were required to be filed in connection with such contract or subcontract. _ YesDNo D 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. YesDNo D 4. If answer to item 3 is "No," please explain in detail on reverse side of this certification. Certification -The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature Date 38 . ------·····--------------------·------------ U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the raking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and coopera- tive agreements) and that all subrecipients shall certify and disclose accordingly. Signature Title Date 39 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, ----------~ the duly authorized and acting legal representative of , do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Signature:------------------- Date: --------------------- 40 -· ---·------·-------------·-·-"-··------·· .. -···-·-·--------......... -.... --- U.S. DEPARTMENT OF LABOR WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS INSTRUCTIONS FOR COMPLETING PAYROLL FORM WH-347 General: The use of WH-347, payroll form, is not mandatory. This form has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls . Properly filled out, this from will satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts . This form meets needs resulting from the amendment of the Davis-Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay not Jess than fringe benefits as predetermined by the Department of Labor, in addition to payment of not less than the predetermined rates . The contractor's obligation to pay fringe benefits may be met either by payment of the fringes to the various plans, funds, or programs or by making these payments to the employees as cash in lieu of fringe s. This payroll provides for the contractor's showing on the face of the payroll all monies paid to the employees, whether as basic rates or as cash in lieu of fringes and provides for the contractor's representation in the statement of compliance on the rear of the payroll that he is paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions concerning the preparation of the payroll follow: Contractor or Subcontractor: Fill in your firm's name and check appropriate box. Address: Fill in your firm 's address . Column 1 -Name, Address, and Social Security Number of Employee: The employee's full name must be shown on each weekly payroll submitted. The employee's address must also be shown on the payroll covering the first week in which the employee works on the project. The address need not be shown on subsequent weekly payrolls unless his address changes. Although not required by Regulations, Parts 3 and 5, space is available in the name and address section so that Social Security numbers may be listed. Column 2 -Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Parts 3 and 5. Column 3 -Work Classifications: List classification descriptive of work actually performed by employees. Consult classifications and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown of hours so worked is maintained and shown on submitted payroll by use of separate line entries. 41 -----··--·-··----····· .. ·--·---------·-·-··· Column 4 -Hours Worked: On all contracts subject to the Contract Work Hours Standards Act enter as overtime hours all hours worked in excess of 40 hours a week Column 5 -Total: Self-Explanatory. Column 6 -Rate of Pay. including Fringe Benefits: In straight time box, list actual hourly rate paid the employee for straight time worked plus any ·cash in lieu of fringes paid the employee. When recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus $3.25/.40 . This is of assistance in correctly computing overtime. See "FRINGE BENEFITS" below. In overtime box show overtime hourly rate paid, plus any cash in lieu of fringes paid the employee. See"FRINGE BENEFITS" below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standards Act for 1962. In addition to paying not less than the predetermined rate for the classification in which the employee works, the contractor shall pay to approved plans, funds, or programs or shall pay as cash in lieu of fringes amounts predetermined as fringe benefits in the wage decision made part of the contract. See "FRINGE BENEFITS" below. FRINGE BENEFITS -Contractors who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans, funds or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of the payroll the basic cash hourly rate and overtime rate paid to his employees just as he has always done. Such a contractor shall check paragraph 4(a) of the statement on the reverse of the payroll to indicate that he is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in Section 4(c). Contractors who pay no fringe benefits: A Contractor who pays no fringe benefits shall pay to the employee, and insert in the straight time hourly rate column of the payroll, an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not . less than the sum of the basic predetermined rate, plus the half ti.me premium on basic or regular rate, plus the required cash in lieu of fringes at the straight time rate. In addition, the contractor shall check paragraph 4(b) of the statement on the reverse of the payroll to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c}, Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to plans, funds, or programs as fringes. The contractor shall pay, and shall show that he is paying to each such employee for all hours (unless otherwise provided by applicable determination) worked on Federal or Federally assisted project an amount not less than the predetermined rate plus cash in lieu of fringes as shown in Section 4( c ). The rate paid and amount of cash paid in lieu of fringe benefits per hour should be entered in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate. Column 7 -Gross Amount Earned: Enter gross amount earned on this project. If part of the employee's weekly wage was earned on projects other than the project descnbed on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus $63.00/120.00. Column 8 -Deductions: Five columns are provided for showing deductions made. If more than five deductions should be involved, use first 4 columns; show the balance of deductions under "Other" column; show actual total under "Total Deductions" column; and in the attachment to the payroll describe the deductions contained in the "Other". column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 43 ------------·-··-----··-----·-·----------·-·-·-----·---------·-------··------- CFR, Part 3 . If the employee worked on other jobs in addition to this project, show actual deductions from his weekly gross wage, but indicate that deductions are based on his gross wages. Column 9 -Net Wages Paid for Week: Self-explanatory. Totals -Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Required by Regulations. Parts 3 and 5: While this form need not be notarized, the statement on the back of the payroll is subject to the penalties provided by 18 USC 1001, namely, possible imprisonment for 5 years or $10,000.00 fine or both. Accordingly, the party signing this required statement should have knowledge of the facts represented as true. · Space has been provided between items ( l) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll". See paragraph entitled "FRINGE BENEFITS" above for instructions concerning filling out paragraph 4 of the statement. 44 ------~·····-···--·-···----·-------·-····-·----·-··---·---------·---·------·-... ------··--·---··---------.. ···-- U . S. Department of Housing and Urban Development CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR Elv1PLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES I Proj~t Name I Date II _ ...... Lo-c-ati_o_n-------------------t-P-r-OJ-_ec_t_N_o_. --------; (I) (Y/e) hereby certify that (I am) (we are) (the prime contractor) (a subcontractor) for (Specify "General Construction'', "Plumbing", "Roofing", etc) in connection with c_onstruction of the above-mentioned Project, and that (I) (we) have appointed whose signature appears below, to supervise the payment of (my) (our) employees beginning , 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 (I) (we) submit to a new certificate appointing some other person for the purposes hereinabove stated. (Identifying Signature of Appointee) Attest (if required): (Name of Firm or Corporation) (Signature) (Title) (Signature) (Title) NOTE: This certificate must be executed by an authorized officer of a corporation, by a member of a partnership, or the sole owner and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed, a new certificate must accompany the first payroll for which the new appointee executes a statement of compliance required by the Kick-Back Statute. 45 ----------··--·--------···--···-~-------·----·--------·--·----- U, S. DEPARTM6NT OF LAIIOR Wl'IGc ,oJII) HOUR DIVIS10N Name of Contractor O Or Subcontractor D PAYROLL NO (1) -2 t,N;>,OP WtlltuOUlt~ NAME , ADDRESS AND EXEMPT~ SOCIAL SECURl1Y NUMBER OF EMPLOYEE OMB# 2501-0007 PAYROLL (For Contractor's Optional Use, See Instruction Form WH-347 Inst.) Address FOR WEEK EN DING PROJECT AND LOCATION (3) 0 (4) DAY AND DATE T (5) (6) (7) WORK 0 TOTAL RATE GROSS FICA CLASSIFICATION R HOURS OF AMOUNT · PAY EARNED s T HOURS WORKED EACH DAY 0 s 0 s 0 s 0 s 0 s 0 s 0 s 0 s 46 Form Approved Budget From No. 44 B1093 I PROJECT OR CONTRACT NO (8) DEDUCTIONS (9) WITH-OTHER TOTAL HOLDING DEDUCTIONS NET TM WAGES PAID FOR WEl;K DAUDA0-134 0.3/2 Date I, U. S. DEPARTMENT OF LABOR WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS STATEMENT OF COMPLIANCE Form Approved Budget Bureau No. 44-Rl090 -----------,-,-c--,----do hereby state : (Name of signatory party) (Title) (1) That I pay or supervise the payment of the persons e mployed by (Contractor or s ubcontractor) on the-------~-------• that during the payroll period commencin g on the (Building or work) ____ day of --,--,-,,---,-' 20 and ending the day of , 20 , all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said (Contractor or subcontractor) from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948.63 Stat. 108 , 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (21 That any payrolls otherwise under this ·contract required to be sub!llitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less thai;i the applicable wage rates contained i n any wage determination incorporated into the contract; that t he classifications set forth therein for each laborer or mechanic c onform with the work he performed. (3) That any apprentices employed in the above period are duly registered i n a bona fide apprenticeship program registered with a State apprenticeship a gency recognized by the Bureau of Apprenticeship and Traini ng, United States Department of Labor, or if no such recognized agency exists in a State, are regis te r e d with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That , (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED E'LANS, FUNDS, OR PROGRAMS D In addition to the basic hourly wage rates paid t o each laborer or mechanic listed in the' above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH D Each laborer or mechanic listed in the above r eferenced payroll has been paid as indicated o n the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS . EX~EPTlON JCraft} EXPLAN.ti.TION .• Remarks Name and Title Signature THE WILFUL FALSIFIC!'.TION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CrvIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. 49 ____ ., ........... ------···-···-------··-·------··-· ... . *EMPLOYEES STATEMENT OF WORK VERIFICATION The undersigned hereby certifies that he has engaged in the following work classifications for the payroll week beginning ______ and ending (Date) ______ ,.and was employed by __________ _ (Date) (Name of Company) TOTALS (Employee's Signature) *This information is required when an employee is used in more than one classification during any payroll period; for example, Carpenter for part of a day or week, and laborer or other classification for the remainder of the time, and is paid different rates of pay for each classification . If the employee is paid the higher rate(s) for all work performed, this form is not required . 50 -·--·-----···-.. ·----- Payroll Deduction Authorization This is the authorization to the ___________ to deduct from my paycheck$ * This is for item number: 1. 2. 3. 4. 5 . 6. Loan Retirement Advance on Wages Savings Savings Bonds Uniforms *This deduction is to be made: CHECK APPROPRIATE BOX Date:------ Employee's Signature: _____ _ Printed or Typed Name: _____ _ Project Name and Number: ____ _ ·-··-· ----·--------... --------. ·--- REPAYMENT OF: 7. 8. 9. 10. 11 . 12. Credit Union Profit Sharing Donations to Agencies Insurance Premiums Un ion Dues D One time only 0 D D 51 Weekly Bi-weekly For weeks _____ ._ ...... ---·-------·--------------- U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT INPUT SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To (Appropriate Recipient) Date C/0 Project Number (If any) Project Name 1. The undersigned , having executed a contract with (Name of Contractor or Subcontractor) (Nature of Work) -------------------------In the amount of$ In the construction of the above-identified project, certifies that: (a) The Labor Standards Provisions of The Contract for Construct ion are included in the aforesaid contract. (b} Neither he nor any firm, corporation , partnership, or association in which he has a substantial Interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6{b} of the Regulations of the Secretary of Labor, part 5 (29 CFR, Part 5}, or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S .C. 276a-(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm,.corporation , partnership or association in wh ich such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regu latory or statutory provisions. 2 . He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about. ______________ _ {Nature of work) ---------------------In the amount of$ __ _ 3. He certifies that: (a} The legal name and the business address of the unders igned are: (b) The undersigned is : 52 ····-----·--··· _ .. _________ ., _____ ----. ·-···-----------·--·-··-··-------····---···- {1) A Single Proprietorship: (3) A Corporation Organized in the State of: (2) A Partnership: (4) Other Organization (Describe) (c) The name, title and address of the owner, partners or officers of the undersigned are: . '." --·--··-. -:·· ... •. Name ••Title'::, (d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersioned, and the nature of the interest are {If none, so state): Nature of lnt~rest :c. , 53 --··--· -··-·-····--·--···-----······-----·· ~---·-----·--· -----···-----·-···---------·------··-·---------·-·······----- (e) The names, addresses and trade classifications of all other building construction contractors in which the undersiqned has a substantial interest are (if none, so state): .. ····· ... 'Naine. (Subcontractor) (Signature) 54 ··-······---------··-·--------·-····---·-----··---------.. "----·--- ··:':<, .. ::, < .·.:.,'..>., ·. . Nature of Interest • . (Typed Name and Title) WARNING U.S. Crimnal Code, Section 1010, Title 18, U.S .C, Provides in part: 'Whoever ... makes, passes, alters, or publishes any statement, know ing the same to be false ... shall be fined not more than $5,000 or imprisioned not more than two years, or both." 55 ·····-····--·----· ----·---· --·· .... ·---------···-----------·----------·······---·-- Bond# ASB531742 PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: .. That we, (1) Prime Construction Company, as Principal herein, and (2) __ _ American Safety Casualty Insurance Company a corporation organized and existing under the laws of the State of (3) Oklahoma as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of . · Seven Hundred .Nine Thousand Dollars and No Cents Dollars ($709,000.00) for the payment whereof, the said Principal and Surety bind themselves and their 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 Obligee dated the 5th day of December , 2011, which contract is hereby referred ·to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Renovate Guinn Elementary School Building, Phase II at 1100 S. Freeway, TPW Proiect No.: 2006-12, Proiect No.: 00382. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to 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, to the same extent as if it were copied at length herein. Renovate Guinn Elementary School, Phase II December 2011 IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this _9_t_h ___ day of December , 2011. Prime Construction Company PRINCIPAL ATTEST: By: <;,uro n-,= Name: Jerry Moody Title:. President . . .. ····· .•. -- (SEAL) Address: 8101 Valcasi Drive, Ste. 101 Arlington, TX 76001 ~<£u,...R W~aJo Principal ATTEST: Secretary (SEAL) NOTE: (1) (2) (3) American Safety Casualty Insurance Compan 1 SURETY s·C?::o-Jt..:· b& 044 , Y-:_.~ 7 Nam~ Staci Gross . Attorney in Fact Address:100 Galleria Pkwy SE, Suite 700 Atlanta, Georgia 30339 Telephone Number: 800-388-3647 Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Swety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Renovate Guinn Elementary School, Phase II December 2011 Bond# ASB5351742 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: . That we, (1) Prime Construction Company, as Principal herein, and (2) __ American Safety Casualty Insurance Company a corporation organized under the laws of the State of (3) Oklahoma , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrarit and Denton Counties, Texas, Obligee herein, in the sum of Seven Hundred Nine Thousand Dollars a·nd No Cents Dollars ($709,000.00) for the payment of which sum 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 the Obligee dated the 5th day of December , 2011, a copy of which is attached hereto and made a part hereof for all purposes, for the renovation of the Renovate Guinn Elementary School Building, Phase II at 1100 5. Freeway. TPW Project No.: TPW2006-12, Project No.: 00382. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work · in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance witQ the provisions of such statute, to the same extent as if it . were copied at length herein. Renovate Guinn Elementary School, Phase II December 2011 IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this _9t_h ___ day of December , 2011. -- ATTEST· (SE AL) Prime Construction Company PRINCIPAL By:-</111~+--~-~ Name: Jerry Moody Title: President -- Address: 8101 Valcasi Drive, Suite 101 Arlington, TX 76001 ~ de--( W~sTc:Principal ATIEST: Secretary (SEAL) NOTE: (1) (2) (3) American Safety Casualty Insurance Compan1 SURETY B~.¢d_:, b,. bM----: I Name: Staci Gross Attorney in Fact Address:100 Galleria Pkwy SE,Suite 700 Atlanta, Georgia 30339 Telephone Number: 800-388-3647 Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated. In addition, ·an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Renovate Guinn Elementary School , Phase II December 2011 ~SI ~"·)!t ·I' •.,?I: ',,1•,,1.,, ( ,, ,,,.,,1,, ; .... ,.,1~1 •• ,:,.i ·-.-, :1 •-..· 1:--~4~ 'h • f ,,:·1~·r.::(· :,:!.·:-,.:. -:),\ _;.r_;:. J Toll''"' aoo .,aa .,,-1 ,~., na.,,,.,,oa , .. , 11•.,ss .•u• . State of Texas Surety Bond Claim Notice In Accordance with Section 2253.021 (f) of the Texas Government Code and Section 53 .202(6) of the Texas Property Code , any notice of claim to the named surety under this bond(s) should be sent to: American Safety Casualty Insurance Company Surety Administrative Office 100 Galleria Parkway SE, Suite 700 Atlanta, GA 30339 Toll free (800) 388-364 7 Fax (770) 955-8339 www .AmericanSafetyl nsurance. com The address of the surety company to which any notice of claim should be sent may also be obtained from the Texas Department of Insurance . You can contact the Texas Department of Insurance in person , by writing , by telephone or through their web site. Physical location: 333 Guadalupe, Austin, Texas 78701 Mail letters to: P.O. Box 149104, Austin, Texas 78714-9104 Agency switchboard: 1-800-578-4677 In Austin, 463-6169 TTY : 1-512-322-4238 E-mail : pio@tdi.state .tx .us Web site : www .tdi.state .tx .us AMER!fAN 5AFET'(}NSURANCE =·=fr POWER OF ATTORNEY NUMBER ASB-531742 +k KNOW \~LL MEN BY THESE .PRESENTS , that Ame ri can Safety Casualty Insurance Company has made , c~nstituted and appo i~ted , and by these presents does make , constitute and appoints STEVE DEAL, STACI GROSS , JULIE SMITH its true and lawfu l attorney-in-fact,-for it and its name , place , and stead to execute on beha lf of the said Company , as surety , bonds , undertaking and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking br contract of suretysh ip executed under this authority shall exceed in amount the sum Of ***THREE MILLION***($3,000,000.00) DOLLARS*** This Power of Attorney is granted and is signed and sealed by facsim ile under and by the author ity of the following Resolution adopted by the Board of Directors of the Company of the 61 h day of August , 2009 . RESOLVED , that the Pres.ident in con junction with the Secretary or any Ass istant Secretary may appo int attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case , for and on behalf of the Company , to execute and del iver and affix the seal of the Company to bands , undertakings , recognizances , and suretysh ip obligat ions of all kinds ; and sa id officers may remove any such attorney-in- -fact or agent and revoke any power of attorney prev iously granted to such persons . RESOLVED FUR,THER, that any bond , underta king , recogn izance , or suretysh ip obligat ion shall be valid and bind ing upon the company when : (i) when signed by the President or any Vice-President and attested and sealed (if a seal is required ) by any Secretary or Assistant Secretary or (ii) when signed by the Presiden t or any Vice -Pres ident or Secretary or Assistant Secretary , and counter-signed and sealed (if a seal is required ) by a duly authorized attorney-in-fact Of agent ; or (i ii ) when du ly exec uted and sealed (if a seal is requ ired ) by one or mo re atto fney-in-fact or agents pursuanf to and with in the lim its of th e authori ty evidenced by the powe r of attorney issued by the Company to such person or persons. RESOLVED FURTHER , that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or cert ification the reof authorizing the execution and del ivery of any bond , undertaking , recogn iza nce , or other su retysh ip obligat ions of the Co mpany ; and such signature and seaJ when s9 used shall have the same fo rce and effe i:;ts as though manually affixed . IN WITNESS WHEREOF , American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed , and these presents to be signed by its Pres ident and attested by its Secretary th is 6th day of August , 2009 GI,,..~ k-i~ Ambu j Ja in - STATE OF GEORGIA COUNTY OF COBB On th is61 h day of August , 2009 , before me personally came Joseph D. Scollo , Jr ., to me known , who , being by me duly sworn , did depose and say that he is the President of American Safety Casualty Insurance Company , the corporation described in and which executed the above instrument ; that he knows the sea l of the sa id corporation ; that the seal affixed to the sa id instrument is such co rporate seal ; that is was so affixed by order of the Board of Directors of said corpo ratio n and.tha t he signed his name then!to by li ke orde r. I, the undersigned, Secretary of Ame ri can Safety Cas ual ty insurant e Company , an Ok laho rh a co'tpo rat ion , DO HEREBY CERTIFY , that the forego l~g an d attached Powe r of Attorney re main s in full force . and has not been revoked ; and fu rthermo re t~at the Resolution of the Board of Directors, set forth in the said Power of Attorney , l s now in force . · ·- ,-:.,· -., s ;g,ed aod sealed ;, the c ;ty of Atl aota , ;, th e State of Geo,g:"/; · '··?'" :;;,~~. •( thO 9iliay of December, 2011 ft!: .. · -1:t --~ ~ :; :._ ,s \ __; ~ i f ty.)--~ J • ;~;-.?~t",-;,.,'"'t·~ . & ~ ~b \ "'. ·· .. ;::-:-· ~:;:-Amb uj Ja in - ,l ORJGINALS OF TffiS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERJCAL NUMBERS DUPLICATES SHALL HA VE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSU ED IN CONJUNCTION WITH THE ORJGINAL ·- / .- DocuGard 04541 -6 Security Features • Prints "VOID" on front when duplicated • Blue background highlights erasure alterations • Watermark on back can be seen when sheet is held on an angle • Coin-reactive ink on watermark changes color when scratched with a coin • Microtext border contains the DocuGard name and is difficult to copy • Security Features Box lists tamper-resistant attributes DocuGard 04541 -6 Security Features • Prints "VOID" on front when duplicated • Blue background highlights erasure alterations • Watermark on back can be seen when sheet is held on an angle • Coin-reactive ink on watermark changes color when scratched with a coin • Microtext border contains the DocuGard name and is difficult to copy • Security Features Box lists tamper-resistant attributes DocuGard 04541 -6 Security Features • Prints "VOID" on front when duplicated • Blue background highlights erasure alterations • Watermark on back can be seen when sheet is held on an angle • Coin-reactive ink on watermark changes color when scratched with a coin • Microtext border contains the DocuGard name and is difficult to copy • Security Features Box lists tamper-resistant attributes DocuGard 04541 -6 Security Features • Prints "VOID" on front when duplicated • Blue background highlights erasure alterations • Watermark on back can be seen when sheet is held on an angle • Coin-reactive ink on watermark changes color when scratched with a coin • Microtext border contains the DocuGard name and is difficult to copy , Security Features Box lists tamper-resistant attributes CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor_certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Renovate Guinn Elementary School, Phase II 1100 S . Freeway Fort Worth, Texas TPW Project Number: TPW2006-12 Project Number: 00382 Prime Construction Company ST ATE OF TEXAS COUNTY OF TARRANT By: 9!'72+= f/('/i&/ DeN/ Title I 2..-t '2---I I Date BEFORE ME, the undersigned authority, on this day personally appeared 6 (:{'C '-1 £: ff\oo d>( , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed thEt same as the act and deed of Y (lrtH: W r\::r\:r\A Ch a:o Co m 9ct<\~ , for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this \ ~ day of \)e.ce m~v , 20 \ \ ------ (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) 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 City. Renovate Guinn Elementary School, Phase II December 2011 4 ' -----------4' ----------~ ., .. Cf ORT WORTH .~"1..__ __ s·~ ~f--3" _Project Title - 11· 2 ~" ame Architect: :t=====--;A;;--r----;ch;----;i te cts N ,__ 11· 2 21" 2 . . Name t==~-=---:--Contractor _Contractors . ,__ 1" +----'------FUNDED BY ~" (List Bond Fund , etc) 11· 2 SCHEDULE COMPLETION DATE 11 .. 2 --~~~~YEAR~~~~-- FONTS: FORT WORTH LOGO IN CHELTINGHAM BOLD ALL OTHER LETIERING IN ARIAL BOLD COLORS: FORT WORTH • PMS 288 -BLUE LONGHORN LOGO • PMS 725 • BROWN LETTERING -PMS 288 • BLUE BACKGROUND -WHITE BORDER -BLUE 1~"TYP. PROJECT DESIGNATION SIGN 4• 1. 2 1· 1. 2 1· CITY OF FORT WORTH -CONSTRUCTION STANDARD DRAWING NO. 1.-V DATE: