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