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HomeMy WebLinkAboutResolution - 2011-R0481 - Contract - Sam Faulkner Electric - WAP, CEAP - 11_03_2011Resolution No. 2011—RO481 November 3, 2011 Item No. 5.31 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 10439 for the Weatherization Assistance Program (WAP) and Comprehensive Energy Assistance Program (CEAP), by and between the City of Lubbock and Sam Faulkner Electric, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on November 3, 2011 e - /.�+01 A K014. 0 �- TOM MARTIN, MAYOR ATTEST: Reb ca Garza, City Secret APPROVED AS TO CONTENT: Assistant City Manager APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Sam Faulkner Electric September 28, 2011 Contract # 10439 Resolution No. 2011—RO481 SERVICES AGREEMENT This Services Agreement (this "Agreement") is entered into as of the P day of November, 2011 ("Effective Date") by and between Sam Faulkner Electric , of Lubbock, Texas (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals (RFP-11-10269-MA) for Weatherization Assistance Program (WAP). WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide the required installation of weatherization efficiency measures and repair, replacement or retrofitting of appliances such as but not limited to heating system, cooling system, window air conditioning units and HVAC systems, water heaters and stoves, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: I. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B— Required Contract Provisions 4. Exhibit C — Insurance Requirements 5. Exhibit D — Specifications and Price Sheets 6. Exhibit E — FA Special Teens and Conditions 7. Exhibit F — 29-CFR 5.5 — Contract provisions and related matters 8. Exhibit G — Request for General Wage Decision Article 1 Services. 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A . City agrees to pay the amounts stated in "Exhibit D", to Contractor for the project cost for performing services 1.2 Contractor shall use its commercially reasonable efforts to render services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. Contract # 10439 1.3 Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. if at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Scope of Work Contractors shall provide the services that are specified in Exhibit A. Contractor will comply with all the applicable requirements set forth in Exhibit B, C, D, E, F and G. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. K Contract # 10439 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other ply. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. City of Lubbock, Texas ATTEST: Contractor Tom Martin, Mayor By: Sam Faulkner Electric Sam Faulkner: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: _Z46.6 Quincy White, Usistant City Manager APPROVED AS TO FORM: Assistant City Attorney 3 EXHIBIT A Weatherization Assistance Program (WAP) REP 11-10269-MA GENERAL REQUIREMENTS INTENT The City of Lubbock is seeking "Request For Proposal" (RFP) from interested, qualified contractors to establish contract(s) to perform home energy efficiency measures in accordance with the State Comprehensive Energy Assistance Program (LEAP) and the Weatherization Assistance (WAP) and the American Recovery and Reinvestment Act (ARRA) requirements. For CEAP this would require repair, replacement or retrofitting of appliances such as but not limited to heating system, cooling system, window air conditioning units, HVAC systems and water heaters. For WAP this would require installation of weatherization efficiency measures and would require repair, replacement or retrofitting of appliances such as but not limited to heating system, cooling system, window air conditioning units and HVAC systems and water heaters. Installation of energy efficiency measures and appliance repair, replacement or retrofitting must conform to State requirements as outlined in the Comprehensive Energy Assistance Program (LEAP) and Weatherization Assistance Program (WAP). The City of Lubbock in implementing the programs will be repairing, retrofitting or replacing older less efficient units with new units that improve the energy efficiency. Homes will also receive energy efficiency measures to improve energy usage and efficiency. The City estimates there will be in the range of 200 CEAP cases per year completed more or less and in the range of 300 WAP cases completed in the next year more or less. The City estimates awarding multiple contracts to perform home energy efficiency measures in accordance with the State Comprehensive Energy Assistance Program (LEAP) and the Weatherization Assistance (WAP) and the American Recovery and Reinvestment Act (ARRA) requirements. The City requires interested parties to submit their qualifications, and flat rate fee per line item for CEAP and for WEATHERIZATION separately. It is not mandatory to complete both CEAP and WEATHERIZATION line item fees. 2 GENERAL REQUIREMENT 2.1 Contractor shall furnish all documentation, reports, services, supervision, labor, personnel, quality control, technicians, tools, equipment, products, parts, supplies, material, and pay the cost of all fees, insurance, and permits. 2.2 Contractor shall comply with the US Department of Energy and Texas Department of Housing and Community Affairs (TDHCA) required contract provisions. 2.3 Unless otherwise specified, all parts, materials, supplies or equipment offered by a Contractor shall be new, unused in any regard and of most current design. Used shopworn demonstrator, prototype or discontinued models are not acceptable. Seconds or flawed items will not be acceptable. All parts, materials, supplies or equipment shall be suitable for their intended purpose and, unless otherwise specified. All parts (including replacements), materials, supplies and equipment shall be of the highest quality and must conform to any related state, municipal or federal standard and be consistent with standard commercial practices. 2.4 A RE -INSPECTION FEE ($100) will be applied after the original "Punch List" inspection (I - Final inspection = Punch list) if all work from the punch list is not completed, a RE - INSPECTION FEE ($100 per RE -INSPECTION) will be applied. 3. SCOPE OF WORK I. WEATHERIZATION WORK A. All materials shall be in good usable condition and shall be graded standard unless otherwise specified, and shall meet the conditions of the general specifications. B. All materials shall be installed in a workmanlike manner and according to the manufacturer's specifications. C. Mechanical, plumbing, and electrical work shall be installed to the City of Lubbock Mechanical, plumbing and electrical codes. D. Repairs — where repairs of existing work are called for the feature is to be placed in "Equal or New Condition" either by patching or replacing all damaged, loose or rotten parts. The finished work shall match work adjacent work design and dimensions. II. INTERIOR & EXTERIOR PAINTING SAFE WORK PRACTICES A. Use safe work practices (OSHA regulations) according the house built that will be identified as work orders are issued. 4. CONTRACT TERMS & CONDITIONS 4.1 The CEAP, WAP and ARRA program will start from award date by City Council. Flat rate fee shall be firm for a period for one (1) year, said date of term beginning upon City Council date of formal approval. The City and the Contractor(s) may, upon written mutual consent extend the contract for an additional year or until funding has been exhausted. Funding of the contract is subject to the availability of funding. 4.2 The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be based on either the local or national index average rage for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 4.3 Contractor at all times shall be an independent contractor. The Contractor shall be fully responsible for all acts and omissions of its employees, subcontractors, and their suppliers, and shall be specifically responsible for sufficient supervision and inspection to insure compliance in every respect with the contract requirements. EXHIBIT B Weatherization Assistance WAP and CEAP Program RFP-11-10269-MA REQUIRED CONTRACT PROVISIONS The following contract provisions or conditions are required by Texas Department of Housing and Community Affairs (TDHCA) on all procurement contracts and subcontracts for the Weatherization Assistance Program 1. Administrative, Contractual or Legal Remedies In instances where the Contractor violates or breach this Contract the City may apply administrative, contractual, or legal remedies. The City may suspend all activities temporarily pending either corrective action by the Contractor or a decision by the City to terminate this contract. II. Suspension or Termination City may terminate this contract, in whole or in part, at any time City determines that there is cause for termination including but not limited to the following circumstances: 1. If Contractor neglects to execute the Work properly, in a timely manner, refuses to supply proper or sufficient materials or workmanship, or fails to perform any provisions of the Contract, 2. If Contractor is adjudged bankrupt, makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of insolvency, 3. If Contractor fails to make prompt payment to any Subcontractor and supplier for material or labor, 4. If Contractor commits continual violation of public laws or ordinances. III. Non-discrimination and Equal Opportunity Subcontractors shall comply with Executive Order 11375 Amending Executive Order 11245 "Equal Employment Opportunity". No person shall on the ground of race, color, religion, sex, national origin, age, disability, political affiliation or belief be excluded from participation in, be denied the benefit of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this contract. IV. Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Copeland "Anti -Kickback" Act (40 U.S.0 276a-276a-5; 40 USC 327 and 40 USC 26c) and all other applicable Federal, state and local laws and regulations pertaining to the labor standards insofar as those acts apply to the performance of this contract. V. Reporting and Patent Rights Contractor shall abide by all requirements and regulations pertaining to the reporting and patent rights involving research, developmental, experimental or dumunstralion work, with respect to any discovery or invention which arises or is developed in the course of satisfying the terms of this agreement. VI. Indemnity and Release Contractor shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and City's respective officers, employees, elected officials and agents, from and against any and all EXHIBIT B Weatherization Assistance WAP and CEAP Program RFP-11-10269-MA losses, damages, claims or liabilities, of any kind or nature, which arise directly or indirectly, or are related to, in any way, manner of form, the activities contemplated hereunder. VII. Conflict of Interest and Nepotism. Contractor covenants that neither it nor any member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this contract. Contractor further covenants that in the performance of this contract no person having such interest shall be employed or appointed by contactor. No person (1) Who is an employee, agent, consultant, officer, or official of the contractor and who exercises or has exercised any functions or responsibilities with respect to assisted contract activities; or (2) Who is in a position to participate in a decision making process or gains inside information with regard to such activities, may obtain a personal or financial interest or benefit, direct or indirect, in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have familiar or business ties, during their tenure. Contractor's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. VIII. Sectarian Activity Contractor shall ensure that no funds under this contract are used, either directly or indirectly, in the support of any religious or anti- religious activity, worship or instruction. XI. Prohibit Political Activity and Lobbvin None of the funds provided under this contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of Contractor from furnishing to any member of it's governing body upon request, or to any other local or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from employment. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way fun or support candidates for the legislative, executive, or judicial branches of government of Contractor, the State of Texas, or the government of the United States. None of the funds provided under this contract shalt be paid to any official or employee who violates any of the provisions of this section. XII. Prevention of Waste. Fraud and Abuse Contractor shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent, detect, and correct incidents of waste, frauds, and abuse in WAP and to provide for the proper and effective management of all program and fiscal activities funded by this contract. Contractor's internal control systems and all transactions and other significant events must be clearly documented and the documentation made readily available to review by department. Contractor shall give City complete access to all of its records, employees, and agent for the purpose of monitoring or investigating the weatherization program. Contractor shall fully cooperate with department's efforts to detect, investigate, and prevent waste, fraud, and abuse. Contractor shall immediately notify the City of any identified instances of waste, fraud, or abuse. EXHIBIT B Weatherization Assistance WAP and CEAP Program RFP-11-10269-MA Contractor may not discriminate against any employee or other person who reports a violation of the terms of this contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is made in good faith. XIIL Changes and Amendments Any alterations, additions, or deletions to the terms of this contract which are required by changes in federal law and regulations or stature are automatically incorporated into this contract without written administrative code amendment hereto, and shall become effective on the date designated by such law or regulation. Except as specifically authorized by the agency in writing or otherwise authorized by the terms of this contract and any alterations, additions, or deletions to the terms of this contract shall be amended hereto in writing and executed hereto in writing and executed by both parties to contract. XIV. Legal Authority Contractor represents that it posses the practical ability and the legal authority to enter into this contract, receive and manage the funds authorized by this contract, and to perform the services Contractor has obligated itself to perform under this contract. The person signing this contract on behalf of contractor hereby warrants that he/she has been authorized by Contractor to execute this contract on behalf of Contractor and to bind contractor to all terms herein set forth. XV. Access to Records The Contractor shall furnish and cause each of its subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, State or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and revisions stated herein. XVI. Records to Maintain Contractor shall maintain all records required by the State of Texas Department of Housing and Community Affairs, and that are pertinent to the activities to be funded under this Contract. Retention Contractor shall retain all records pertinent to expenditures incurred under this Contractor for a period of five (5) years after the termination of all activities funded under this Contract, or after the resolution of all State and audit findings whichever occurs later. XVIL Clean Air and Clean Water Act The Grantee agrees to comply with the following requirements insofar as they apply to the performance of this contract: Clean Air Act, 42 U.S.C., 701, ct seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in EXHIBIT B Weatherization Assistance WAP and CEAP Program RFP-11-10269-MA said Section 114 and Section 308, and all regulations and guidelines issued there under; Environmental Protection Agency (EPA) regulations pursuant to 40 CY.R., Part 50, as amended. XVI1I. Non-discrimination No person shall, on the ground of race, color, national origin, or sex be excluded form participation in, be denied from the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1990, or with respect to an otherwise qualified disabled individual as provided in section 04 of the Rehabilitation Act of 1973, shall also apply to any such program or activity. of all State and audit findings whichever occurs later. XV. Clean Air and Clean Water Act The Grantee agrees to comply with the following requirements insofar as they apply to the performance of this contract. Clean Air Act, 42 U.S.C., 701, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251., as amended, 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. Environmental Protection Agency {EPA} regulations pursuant to 40 C.F.R., Part 50, as amended. XVI. Non-discrimination No person shall, on the ground of race, color, national origin, or sex be excluded form participation in, be denied from the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1990, or with respect to an otherwise qualified disabled individual as provided in section 04 of the Rehabilitation Act of 1973, shall also comply to any such program or activity. Contractors Signature: Dated: EXHIBIT C Weatherization Assistance (WAP) and CEAP Program RFP 11-10269-MA 1I. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE AMOUNT 1. Commercial General Liability insurance including coverage for the following: a. Products/completed operations b. Contractual liability 2. Automobile Liability a. Any auto Combined single limit for bodily injury and property damage of $ 100,000 per occurrence or its equivalent. Combined single of $100,000 per occurrence The City of Lubbock shall be named primary additional insured on Auto/General Liability, ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f All copies of the Certificates of 'Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. Exhibit E Template: FA -Special Terms and Conditions 8-20-2009 FINAL (APPROVED BY DOL) FA-TC-O050 =r.,scripticn: include for ARRA At,,,m s :sher.'1YAGE RATE REQUIREMENTS UNDER SECTION t606 iEpTCAN RECCYCRY AND REM4VESTIAENTACT; -RECOVERY ACI"7 Clauses are required. CAUSE .M. DAVE BACON ACT REQUIREMENTS A- D*&idons. For purposes of this Clause. Clause XX Contract Work Hours and Safety Standards Act, and Clause XX, Recipient Functions, the following definitions are applicable; t1)'Awar# meanrthe Award by- the Department of Energ)r (D&Ytora Recipient that inckldes a-- - requirement to comply with the labor standards clauses and wage rate requirements "of the Davis -Bacon Act (DBA) for work performed by all laborers and mechanics employed by Subrecioients, Contractors and subcontractors on projecies funded by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act (2) "Construction. alteration or repair" means all types of work done by laborers and mechanics employed by the 5ub'reciplent constructions contractor or construction subcontractor an a particular building or work at the site thereof, including without (a) Altering, remodeling, installation (if appropriate) an the site of the work of items ' fabricated off -site; ib) painting and decorating,'or (c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work. (3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of p!aperty and services for construction, alteration, and repair under a Subaward. For purposes of these Clauses, a Contract shall include subcontracts and lower- tier subcontracts under the Contract. A) Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and who is -responsible for the business management and non program aspects of the Financial assistance process. .5; Contracoor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall vnclude subcontractors and lower -tier subcontractors. v61 Recipient means any entity other than an individual that receives Recovery Act funds in the form of a grant directly from the Federal Government_ The tent► includes the State that receives an Award from 170E and is financially accountable, for the use of any DOE funds or property, and is legally responsible for carrying cut the terms and conditions of the program and Award, (a) Means— (i) The physical place or places where the construction called for in the Award, Subaward, or Contract will remain when work on it is completed and (ii) Any other site where a significant portion of the building or work is constructed, provided that such site Is established specifically for the performance of the project; (b) Except as provided in paragraph (c) of this definition, the site of the work Includes any yards; etc., pro+r ded-- (1) They are dedicated exclusively, or nearly so, to performance of the project and (2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs (7)(a)(0 or (7)(a)(10 of this definition; and (c) Hoes not include permanent home offices, branch plant establishments, fabrication. plants. or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular contract or Federal Award or project In addition, fabrication plants, batch plants, borrow pits6 job headquarters, yards, etc, of a commercial or material supplier which are established by a supplier of materials for the project before opening of bicirand not on the project site as defined in paragraphs (7)(a)(0 or (7)(a)(9) of this definition, are not included In the 'site of the work' Such permanent, previously established facilities are not a part of the *site of the work' even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of an Award, Subaward, or Contract. (8) Subaward meads an award of financial assistance In the form of money, or property in lieu of 'money, made " an award by a Recipient to an eligible Sijlare oen3 or by a Subreciplent to a lower- tier subrecipient. The term includes rmarrial assistance when provided by any legal agreement; even if the agreement is called a contract, but does not include the Recipienr s procurement of goods and services to carry out the program nor does it include ari form of assjstanccq whin is e4duded from.the definition of 'Award' above, 19) Subrecipieni means a non -Federal entity that expends Federal awards received from a piss- thrmgh entfit ro cam; cut a Federal program but does net include an ,1tiJiv1ti6al that is a benefici.ti of such a grogr ,n, The teem in l le Cq uoty Action, Agency (CAA), local agency, or other entity to which a Subaward under the Award is trade by a Recipient that includes a requirement to comply with the labor standards cfauses and wade rate requirernent4 of the 08A 5hork performed by 311 laborom and mechanics employed by contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal G&eminent pursuant of the Recovery AcL a Davis -Bacon Act ill I a) All laborers and mechenics•emphryed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on aN}r a2aurit (eirce'pt'sui h payroll deductions' as ae p rdrmitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bdlta lid lriiie kieiiefrf {or cash, egpiiral"enfs theregl ia at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached to the Subaward or Contract and made a part hereof, regardless of any contractual relationship wNch rriay be alleged to exist between tie Recipient, a Subrecipienta or Contractor and such laborers and mechanics. (i) Applicable to Recipient Onl�rPrior tcLe, *taatisx pf t*subaward or- . Contract, the Recipient shall notify the Contracting Officer of the site of the work in order for the appropriate wage cietermiriationi to`61 obtained by the Contracting 0fflcer from the Secretary of Labor. (ii) If the Subaward or Contract Is or has been issued without a wage determination, the Recipient shall notify the Contracting dfkw immediately of 4the site of the work under the Subaward Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. (b) Contributions made or casts reasonably anf cipated for bona fide fringe benefits under section 1(b)(2) of tf� POA on behalf of laborers or mechanics Are considered wages paid°to sucFi tabo'rers and r.4chanfcs, subject to the provisions of paragraph B(A) below, akc, regular contributions made or costs incurred for more than a weekly period (but not It4s: often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during'such period. (c) Such laborers and mechank:ii shall' be paid not less than the appropriate wage rate and fringe benefits in the wage detetmination for the clatssification of work actually performed, without regard to skill, ex' cepr as provided in the paragraph entitled Apprentices and Trainee. Laborers of mechanics peHorming wor* in more than'or e classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll ieaords accurately set forth the time spent in each classification in which vi6rk is performed. 4 The wage determination (inc(udiny any additional classifications and wage rates conforrhed under paragraph M2; of that Clause) and thrs Qaviis=flacon poster (WH•1321) ,h:111 he; pristi4d at ,sif timi+a illy rhr 4444ipfdrtt a )4C JeiVJ kar Jt the site of the work m d promme+lt aifdJccessible place where it sai be easily seen`by'the workers. 241 The Contrading Officer shall require that ainy class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Subaward or Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met- -- ii) The work to be -per ormed-by-the-classif cationrequested-is-Itotpertormedby c1$ssi etiorrirrthe, waegedetertninodark jig) The classification is utilized in the area by the construction industry. (1h) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. lb) if the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in the classification (if knownk or their representatives agree on the classification and wage rate (including the amount designated for fringe benefits, where _ appropriate), the Subrecipient shall notify the Recipient: The Recipient shay notify the ContracQfgce► of this agreemient. If the i ointrac[ing tStfc'et agrees wifh ffl"is" classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Ernploymmt Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or in authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and.so advise the Cont4dc g' Officer or will notify the Contracting Officer within the J"y period that addidgnal time is necessary. (c) In the event the Subrecipient (and Contractor, when appiscable), and the laborers or mechanics to be employed in the classification, or their representatives, do not agree on the proposed classification and wage rate (Including the amount designated for fringe benefits, where appmprlatek the Subrecipient shall notify the Recipient.• The Recipient shah notify the Contracting Offcer of the diAagmernent. The Contracpng Officer shag refer the question#, including the vieyrs of a1 interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. 'd; The wage rate (includirlg fringe benefits, where appropriate) determined pursuant to >v,f paragraphs Bf2,(6) or t3i4ci of this Clause shall be paid to altworkers performing a+1rh ivt the classification under the Award. Subaward, or Contract from the first day ort whir h :vartc is performed in the cfassifiratiran. 4 01 Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a class of laborers or mechanics indudes a fringe bette#it which is not expressed is an Hourly rate, the Subrecipient and Contractor shall either pay the benefit as stated in the wage deterrhination or shall pay-artother bona fide fringe benefit or an hourly cash equivalent (4) If the Skih6cipient or Contractor does n6t make payments to a'#rustee or other third peiidh, the Subrecfpietrt or Contractol`'m4y cbnskier as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefit3 under' a plan-6r program, provided, that the Skctet3N iif'Lat R f6Urid`' i-d the written request of the Subrecipient or Contractor that the applicable standards of ttie Davis - Bacon Act have been met.'?he Secretary of labor may require the Subrecipient or Contractor to set'aside in a separate account assets for the meeting of obiigatfons under the plat~ or program. C Ratex 0J_Wad _... _ 11) The minimum wages to be paid laborert'and mechanics urider the Subaward or'Contract involved In performance of work at the project site, as determined by the Secretary of labor to be prevailing for the corresporiding classes of laborers and mechanics em;:i zyed an projects of a charactdr similar to the contract work in the pertinent locality, are included as an attachment to the Award Subaward, or Contract (2) if the Subaward or Contract has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order foi the appropriate wage determination to be obtained by'the Contracting Officer from the Secretary of labor. D. Payro& and Basic Records (1) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each'such worker, his or her correct classification, hourly rates of wages paid (lnduding rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of fire types descn'bed in section 1(b)(2)f8) of the Davls-Bacon Act), daily and weekly number of flours worked deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (4) of the provision entitled Davis -Bacon Act, that the wages of arty laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(8) of the Davis -bacon Act' the Subrecipient or Contractor shall maintain records which show that the commitment to provide such benefits is enforceable. that the plan ar prograM'is financta(ty r6sponsible,'and that the plan or pixicir tm has been communicated in Ynitirtq to the laburers or merhanks-affacted, and records whicft show the'ebsts anticipated or the actual cost incurred in providing such I:enefita." 5ubreopient or Contractor outplaying apprentices or tiaine'"_ kinder approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. ,'2)(a) The Contractor shall submit weekly for each week in which any Contract work is pedoemed-a`copy of all -payrolls: to the-Subrodpient.—The-%brecipient shall-submitweekly-foF eachAmk-in-whictrany3ubawardarConb=twork isperFarmed a copyrofall payrolls to the Recipient .The Recipient shall submit weekly for each week in which any 5ubaward or Contract work is peri'ormed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under para graph 0111 of this Clause, except that the full social security numbers and Rome addresses shalt not be included on weekly tiantniittafs. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WN-347 is available for this purpose from the Wage and Hour Division Web site at httn lr►vww.dolgoy a /whdlformstwh347in, is r.htm or its successor site (b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Retards, of this Clause. The 5ubrecipient is responsible for ensuring all Contractors; including lower tier subcontractors submit copies, of payrolls and basic records as required by paragraph D. Payrolls and Bask Records, of this clause. Subreciplents and Contractors shall maintain the full social security number and current address of each covered worker, and shall provide them. upon request for transmission to the Contracting Officer, the Recipient or the Wage and Hour Division of the Department of Labor for purposes of an investigation or atydit of compliance with prevailing wage requitementt The Recipient shall also obtain and provide.the full social security number and current address of each covered worker upon request by the Contracting Officer or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements., It is not a violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social security numbers to the Recipient for its own iicords, without weekly' submission' to the Contracting Officer. (c) Each payroll submitted shaft be accompanied by a 'Statement of Compliance,' signed by the Recipient, Subrecipient or Contractor ¢r his or her agent who pays or supervise the payment of the persons emploM under the Subaward or Contract and shall certify -- (i) That the payroll for the payroll period contains the information required to be maintained under paragraph 0(2)fa) of th(s Clause, the appropriate information is being maintained under paragraph D(1) of this Clause, and that such information is correct and complete; 0 that 146 laborer or mechanic i including each helper, apprentice, and trainee) efnplay p thq_Subxrwrd or C'ontt'act 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 gamed. other than permissible deductions as set forth in the Regulations, 24 CFR Part 1; and (W) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classifkatiort of work performed as specified in the applicable wage determination incorporated into the Subawardt or Contract, �— (d) The weekly submission ofa property executed' artifiatfotf sat forth ori'the reverse side of Optional Form WH-347 shag satisfy the requirement for submission ofthe `Statement of Compliance' required by paragraph D(2)p:) of this Cl-aise. (e) The falsification of any of the certifications in Paragraph D, Payiails and Basic Records. of this Clause may subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (3) The Recipient, Subrecipient or Contractor shall make the records required under « w paragraph ptllof this Clause availablgfgr ins�e ' Soppng gr lrvK'ptiotib _ _ . . Contracting Officer,authorized representatives of the Contracting Ofkw, or the Department of labor. The Subredpient or Contractor %half permit the Contracting Officer, authorized representatives of the Contracting Officer or the Department of tabor to interview employees during working hourson the job. If the Recipient 5ubreciplent or Contractor fails to submit the required records or to make them available, the Contracting Officer may, after written notice to the Recipient, Subrecipient, or Contractor take such action as may be necessary to cause the suspension.of any further payment; adVanc% or guarantee of funds. Furthermore; failure to submit the required recur& upon request or to make such records available may be grounds for debarment action ptirsuant to 29 CFR 5.L2. E Wfthholdlnq of Funds (1) The DOf,.Contracting df6r' shall, upon his or her or its own action or upon written _. request of an authorized-reptesentadw of the Department of tabor, withhbld-or cause to be withheld from the Recipient or any other contract or Federal Award with the same Recipient on this or any other federally assisted Award subject to Davis -Bacon prevailing wage requirements, which Is held by the same Recipient 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 Subrecipient or a [entractes the full atrtount of wages. required,.by the Award or Subaward or atontract, in the event of failure to pay any Taborer or mechanic, inch,dir# any apprentiteF trainee+ or helper, employed or working an the site of the work, all or part of the wages required by the Award or Subaward or a Contract, the Contracting Officer may, after written notice to the Recipient take such action as may be nece!sary to cause the suspension of any further payment, advancA or guarantee of funds until such violations have ceased. Z the Recipient :hall, upon its own action or upon written request of the DOE Contracting 0%.ry tn• oss autluurized re!presentarlvn of rhe• f'trp.►rtmrnt of Labor, lwthholct or catz(! to be :.ithheld frcm any Subrecipient or Contractor so nwch of the accrued payments or advances as may be considered necessary to pay labrrers and mechanics, including apprentices, trainees% and helpers, employed by the Subrecipient or Contractor the full amount of wages required by the Subaward or Contra€t, In the event of failure to pay any laborer or mechanic, induding any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the Subaward or Contract: the Recipient may, after written nctice to the Subrecipient or Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have --- ceased-orthe6ovemment nraarthesuspension of any Wou arsq--- - otherconvxt-ar Federal -award -with thwsame Subredplent orCorimk-Mt, on and+ othier federally assisted Award subject to Davis -Bacon prevailing wage requirements which is held by the same Subrecipient or Contractor. F. Appran*es and Trainees (1) Apprentices. (a) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when they are employed () Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of tabor. Employment and Training Administradan, Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS. or- (ii) In the first 94 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the pnagrarr if certified by the OATELS or a State Apgrenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice (b) The allowable ratio of apprentices to journeymen on the job site Many craft classification shall not be greater than the ratio permitted to the Subrecipient or Contractor ,as, to the vntfra work force under the -registered progra►n (c) Any worker fisted on a payroll at an apprentice wage rate, who Is not registered or otherwise employed as stated in paragraph F(1) of this Clause; shall be paid not less than the applicable wage detertrtination 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 applkable wage rate on the wage determination for the work actually performed (d) Where a Subrecipient or 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 Subredpient's or Contractor's registered program shall be observed. Every apprentice must be paid at nct less than the rate spe~in the registered program for the apprientict s level of pr--gress, expressed as a percentage of the;otitheymnn hourly rttd'' pec&d id the ,applicable wage determination. :e' Apprentices shall be paid fringe benefits in accordance with the provisions of the appantieeship 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 appllcatile classiFk tion. If the Administrator determines that a different practice prevails for the applicable apprentice dassification. fringes shall be paid in accordance with -that determination: (fy In the event OATELS, or a State Apprenticeship Agency recognized byOAil?LS, withdraws approval of an apprenticeship program, the Subrecipient or Contractor will no longer be permitted it} utilize apprentices at less than tfie appiltable predeterrsilhed rate for the work performed until an acceptable program is approved. (2) Trainees. (a) Except as provided in 29 CPR 5.16, trainees will not be permitted id work at less'than the predetermined rate for the wont performed unless they are employed pursuant to and individually registered in a program which ha3 received prior approval, evidenced by foimal certification by {OATELS7. the ratio' of trainees tojoumqTen on the job site shall nt be greater than permitted under the plan approved Ry OATECS (b) Every trainee must be pakl,at not less than the rate specified in the approved program for the trainee's level of progress, expressed ag 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 in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship/training program associated with the correspondingjduirteyman Wrage rate in the�wage determination whicltprovides far iritss 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 OATELS shall be paid not less than the applicable wage rate in the wage deterttiinativrf (6r 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 In the wage determination for the work actually performed. (c) In the event OATELS withdraws approval of a training program, the Subrecipient or Contractor will no longer be peirrhitted to utilize trainees at less than the applicable predetermined rate for the wont performed until an acceptable program is approved, 3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen :ender this Clause shall be in conformity with the equal employriwnt opportunity requirements of Executive Girder 11246, as amended and 29 CPR Part 3M G, Compliance with Copeland Act Requfrernenta Ti.e Rrcipienr, 5utwipient or Contractar shall coirrpty r,ith the requireynents of 29 CFR Part 3 .which ale Hereby Incorporated try reference in the Award,' Subaward of Contract, H. Subawards and Contracts (1; The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause entitled "Davis Bacon Act Requirements' and such other clauses as the Contracting Officer may require. The Recipient shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of the requirements contained in this Clause. The -- - ------Subrecipient-sha[Lbaiesponsille�forba-compFranceby-Contractor .withad-ofth __ - - requireP wfftcgntained ttta lause� - (2) within 14 days after issuance of a Subaward, the Recipient sha14deliver to the Contracting Officer a completed Standard Farm (SF; 1413, Statement and Acknowledgment, for each Subaward and Contract for construction within the United States, inchrding the Subrecipient's and Contractor's signed and dated acknowledgment that this Clause) has been inducted in the Subaward and any Contracts. The SF 1413 is available from the Contracting Officer or at http:/icantacts.gsa.gov/webiorms.nsfiO/7084872D16E E95A785256A26004F7F-A8/$file/sfl4l3_e-pd f . Within 14 days after issuance of a Contract or lower- tier subcontract, the Subrecipient shall de§v,to the Recipient a completed Standard Form (SF)1413. Statement and Acknowledgment, fbr each Contract and lower -Her subcontract for consMxtion vAd*i thc' UJ ited States, Including the Contractor and lower, Hersubcontractoetsigned and dated acknowledgment that this Clause has been included in any Contract and lower- tier subcontracts SF 1413 is available from the Contracting Officer or,at http://contacts.gsa,g6vgwebfo rms.nsf/0/7084872 Dl6EE95A785256A26004F7EAS/$file/sfl4l3_e.pd L The Recipient, shall Irnrnedlately provide to the DOE Contracting Officer lice completed Standard Forms (SF) 1413. L Coatrdd Yaminatfon -- Debmwent A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a Contractor or subcontractor as provided in 29 CFR 5.12. A Cointok a with Davis -Bacon and RehMW Ad Regutotfans All NJng$ Vii,ta.tM( t#,qo to pf the Davis -Bacon and Related Acts contained in 29 CFR Parts L 3, and 5 are hereby incorporated by reference in the Award, Subaward or Contract X Disputes Concerning Labor Standards The United States Department of labor has set forth in 29 CFR Parts SA and 7 procedures for resolving disputes. concerning, la" standard; requirements, Such disputes shall be resolved in accordance with those procedures and shall not be subject to any other dispute provision that may be contained in the Award, Subaward, and Contract Disputes within the meaning of this Clause include disputes between the Recipient, Subrecipient (including any Contractor) and the Department of Energy, the U.S. Department of Labor, or the employees or their representatives. L Certification o/ EllgibilMy. _. By entering into this Award, Subaward, or Contract leas applicable- the Recipient, Subrecipient, or Contractor, respectiv* certifies that neither it ;nor he or she) nor any person or firm who has an interest in the Recipient. Subrecipient, or Contractor's firm, is a person, entity, or firm ineligible Iq to be awarded Government contracts or Government awards by virtue,of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(aj(1). i2) Ntt part-of°thM'AlviM&, S6baw� d 6o'Cofitract shag be'subcantiae�et p arty plrson or Brm fir _ con a or me awe — ve of season-- F Rif the Davis -Bacon Actor 29 CFR i3) The penalty for making false statements is prescnbecf in the U.5, Criminal Code 18 U.S.C. 1001. M. Approval. of Wage Rates All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under an Award. Subaward or Contract must be submitted for approval in writing by the head of they federal contracting activity or a representative expressly designated for this purpose if the straight time wages exceed the rates for corresponding classifications contained fr�.the Rplkab[e D IL Baran -Ad minimum -wage deteaninatkimirwludecUrt the Awarck Subaward,arContract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the Recipient or Subrecipient jf the Government refuses to authorize the the of the overtime, the Subrecipient or Cdntractor is pot released from the obioai dil td [* "f t'Bj a at the required overtime rates fvr arry,overtirtte actually worked. 1 Clause X)OL Contract Work Hooves and Safety Standards Act This Clause entided Tontrdd_Work Hours and Safety Standards Act (CWHSSAr swapply to any Subaward or Contract in an amount in excess of $100.000L As used in this CWHSSA Clause, the terms laborers and mechanics include watchmen and guards, A. CkerHtttti requirements; No Subrecipient or Contractor contracting for any part of the Subawardworkwhich may require or involve the employment of laborers or mechanics 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 forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek B. Violation; liability for unpaid wages; Bqufdated damages In. the event of ttny_violation of the, clause s*t Oath in paragraph 9 haia&i, the Suliiedpient or Contractor rresporWble thetWor shalt be liable for the unpaid wages. In addition, such Subrecipient or Contractor shall be liable to the United States tin the case of Wofic done under a Subaward or Contract for the District of Coluinbia of a territory, to such District or to such territory), for liquidated damages. Such liquidated damages siyA 4e. cgmputed with respect to.eech indh6duat laborer of rnechar►iC including watchmen and guards, empjgyed i,n,violation of the provision set forth In CWSSHA paragraph A, in the su{ri of $10 for each calendar day on which such individual was required or permitted to �york Iri "7 tmq of tho oandard .v s►v:eek of rorty f►:ur• rr,thM-t payrrt iit ul the croertirrte wages rcv3uired �r the #l�,ust' �,et_!orth ►n paragraph A. of this section, C, Withholding for unpaid wages and liquidated damages. (1) The DOE Contracting Officer shall upon its own action or upon written request of an authorized representative of the Department of labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Recipient on this or any other Federal award or Federal contract with the saute Recipient on any other --_— —_---eiederally-assist�dAward ottantrac at, tj t to theEWNSS�4; which is-heldby-dW3airrW- - -RedpW*iud sums -at may btdeternttnwttab be rtecauly6o satisfy any liabilities of such Recipient for unpaid wages and liquidated damages as provided in the clause set forth in CWHSSA, paragraph B of this.Clause. 12) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an authorized representative of the Department of tabor, withhold or cause from any moneys payable iyrt accau�t of work performed by the Subredplisk or Contractor on this or any other federally assisted subaward or contract subject to the CWHSSA, which is held by the same Subrecipient or Contractor such sums as may be determined to be necessary to satisfy any liabilities of such _ - • SubrecipienrarCdntr1trdr fal' Uri 3i lid -wages andlFq- l aied damages as provided in clauseelo f",rKt'''tl NSSA, paragraph 9 of this Clause. p, Subcontracts. the Stibr+edplent shall insert in a Contract and.a Contractor shall insert in any lower tier subcontracK the clausas set forth in these CWHSSA paragraphs (A) through (D) and also a provisfan requirring the Contractors to Include this CWHSSA Clause in any lower tier subcontracts. The Recipient shag be responsible for. compliance by any Subrgcipient or Contractor, with the CWHSSA paragraphs A through Q. The $ulxecip'rent shall be responsible for compliance by any Contractor (including lower- der subcontractors] E. The Subrecipient or Contractor shall maintain payrolls and basic payrolls in accordance with Clause )M Davis- Bacon Act Requirements, for all laborers and mechanks, including guards and watchmen working on the Subaward or Contracts. These records are subject to th* requirements set forth in Clause XX, Davis Bacon 9equii.iments,.--- Clause XM RECIPIENT FUNCTIONS (1) On behalf of the Department of Energy (DOE). Recipient shag perform the following functiotm (a) Obtain maintain, and monitor all DBA certified payroll records submitted by the Subrecipients and Contractors at any tier under this Award'(b) Review. all DBA certified payroll rcbx* for-compltante iTyilll` DBA xec ref ttents,. including applicable DOCwage defihiiinatlons; r•-r ar) Nntify WE of any non-compliance with DBA requiren;ertts,by Subrecipients or Contractors at any tier, including any non -compliances identified as the result of reviews performed pursuant to paragraph rb) above: i"_ (d) Address any Subrecipient and any Contractor 08A non-compllwx6 issues: if D8A non-compliance issues cannot be resolved in a timely manner, forward complaints, summary of investigations and all relevant information to DOE; ,e) Frovit DOE with deter infgrirwti�t reg g the resolution of any DBA non - Perform - - If) Perform services in support of DOE investigations of complaints filed regarding noncompliance by Subrecipients and Contractors with DBA requirements; igJ Perform audit services as necessary to ensure compliance by Subrecipients and Contractors with DBA requirements and as requested by the Contracting Officer. and (h) Provide copies of all records upon request by DOE or DOL in a timely manner. (2) All records"maintained on behalf of the DOE In accordance with paragraph (1) above are federal government (DOE) owned records. DOLE or an authorized representative shall be granted access to the records at all times. (3} 1n the.,event of, and in response to any Freedam of i:nformatton Act; 5 U.S.C. 552, requests submitted to DOE, Recipient shall provide such records to DOE within 5 business days of receipt of a request from DOE. 13 Exhibit F 29 CFR 5.5 - Contract provisions and related matters. Section. Number: 5,5 Section Name: Contract provisions and related matters. Lai The -Agency head shall c"se—or require the contr&dting officer _ to insert in.full..in any contract in excess of $2,060 which is entered w into for the actual construction, alteration and/or repair, including painting an(l„decarating, of a public building or public,work,•or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by p;edge of ,any.contract of a Federal agency to ma e a loan, grant or annual contribution eexcept where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Sec. 5 J, the following. clauses (or any mddifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the « .r.. Dep"Snl►9_.ir•-r &�..� �ti4 _.o._ k (1) Minimum wagesv (ii'All laborers and mechanics employed or working upon the sitd'of the work (or under the'United•States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland. Act (29 CFA part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not - less than thosw•contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. - Contributions mada_or.costs reasonably anticipated for bona fide fringe bens€its under section 1(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 (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill., except as provided in Sec. 5.5{a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination. (including any additional classification and. wage .rates conformed under paragraph (a)(1)(ii) of this section) and the Davis --Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in confornapce:with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore .only when the following criteria have been met: performed by a classification in the wage determinaticn;-and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage gate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained•in the wage determination: (H) if the contractor and the laborers and mechanics to be employed in the class iflcatigr} (if kngwn), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be.eent by the contracting officer to -the ...�..... �• _.0 Administrator of toe Wage and H ur Division, ��,lpyment Standards Ado nistraton, U.S. N04rtn)ent o abar, Washington, DC 20 1 T 9 Administratoi, or.an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within,the 30+-day period that additional time is necessary. (C) in the event the contractor, the laborers or mechanics to be employed in the classification or their representatives; -and the contracting officer do not agree on the proposed classification and wage rate .(,including• the amount designated for fringe benefits,_ where appropriate), the;contracting officer scull refer the questions,' " including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, 'or an authorized representatiV1d; will issue a determination within.30 days of receipt and so advise the contracting officer or will iiotffy the aoatsacting officer within the `3tl=day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate)' determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, 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. whenever the minimum.wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the Wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make -payments to a trustee or other third person, the contractor may consider as part of -the wages of"arty laborer or mechanic the amount of4ny costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,' That the Secretary of Labor has found; upon the written request of the contractor, that 0 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. (2) Withholding. The (write in name of Federal Agency or the loan or grant recipient) shall upon its own action or upon written request of an autricrized 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 --�----------►StCc:rscs-rree.—r, LiiUlSJGJ.a�y' fi�7�►LQiitJ.[i4r7/ e.i.aiatva�, auu a�c�.p±as�. eau�±,cyYg�__�,,X_+.�aQ_ _ _ — cont ractazr�r—a�1g aubcontraQEar file fit13 art►otuZC df waos re*ired by the contract. In the event of failure to pay any'laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949. in. the construction- or-ddvelopmeltt -of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by tha- cant ng Lhai..weWssey---____ �- "df tYi1 f an preserve for a �iesiod of three years therbafter for all laborers and mechanics working at the site of the work,(6t_cinder the United States Housing Act of 1937, or under the Housinq Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I(b)f2)(9) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.. -Whenever -the Secretary of Labor has found under 29 CF'R 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section, I(b)(2)(8) of the Davis -Bacon Act, the contractox'shall maitita4n records which show that' the commitment to provide, such, bonef,ts.is- enforceable, that the plan or program -is financially responsible, and that the plan or program has been communicated in writing 'to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing ' apprentices or trainees under approved programs shall maintain written c: evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates preicribdd tit the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract,..but if the .agency is not such -a —patty; tFie cont> actor will submit the payrolls to the applicant, spotiso;:, or owner, as the case may be, for transmission to the (write in name of agency)_. The• payrolls submitted shall set out dcauratiify Ahd Completer all of the information required to be maintained under 29 CFR 5(4)(3)(i), except that full social security nunb'ers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form NH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in _ name of appropriate federal agency) if the_j!qe!1qy is a part Y to the coat ract,-but-if the -agency Is not such -a party,_ the. contract r will - -- submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the contractor, or the silage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section fora prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (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_s.upe=isea..the_payment- af,.the- persons_ employed...under. the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under sec. 5.5 (a)(3)(i)'of Regulations, 29 CM part 5# and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee), employed on the contract during the payroll period has been paid the full weekly wages _earned, without rebate, either directly or indirectly, and:that-no- deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 31 (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe.benefits or cash equivalent`s for the classification of worts p.arformed,..as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required " by paragraph (a)(3)(ii)(B) of this section. (D) fie falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 19 and section 231 of title 31 of the united States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Departient of Labbf, and shall permit such representatives to interview employees during working hours on the ;ob. If the contractor or subcontractor fails to sutamit the required records or to make them dvdiiable, the r'ederal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFti 5.12. (4) Apprentices and trainees---(i) Apprentices. Apprentices will be permitted to work at less than- the predetermined rate for the work they performed when they are employed pursuant to and individually registered in S bona fide apprenticeship program registered with the U.S. aepairtment of Labor, Employment and Training. Administration, Office of Appirenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in--- -appzenticuship-r—a ,, w o is not individuaklv_r registered-ia he - ---- - maw; —onto as e n certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice, 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 performinwork_ on- _the_iob pj&q ia_e,Asa..sif:.#he a ie•pernd" tred-rinder--���-- -- "_" Mi_registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project. in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate speci.fied in the_,applicabie. 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 fall amount of fringe benefits listed, on the wage determination for the applicable classification. If the Administrator determiness--that a- different practice pzevail`s for the applicable apprentice classificationA fringes shall be paid in accordance with that determination. in the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less< than the applicable predetermined rate for the work performed until .an.accePt4le program is approved. 1W 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 whiph 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 ratio 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 bf 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_rhe wage_dett m9nation for the--clasalficationof-wQrk_ao-tually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. in the event the. Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive order 11246, as ameaded... and...29mCMpart_I&t ,.,..,...,.-, --- (5) Compliance with Copeland,Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are 'incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(aM) through (10) and such other clauses as the (write in the name of the Federal agency) 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 the compliance by any subcontractor or , lower -tier- subcontractor witiv •41�1 the- contract- clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be ground& for termination of the ccrtract, and fcr.debarment as a contractor and a subcontractor as provided in 29 CFR 5 (8) Compliance with.Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning 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 contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) CertifieAtion of +6ligibility. (i)• By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or fir►n ineligible to be awarded Government contracts by VICLue of section 3{a) of the Davis -Bacon Act,or 29 CeR 5.12(a)(I). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract work (fours and Safety Standards Act. These clauses shall be inserted in addition to the Clauses required by_Sec_ 5.5 (a)_ or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) overtime requirements. No contractor or subcontractor contracting for any part of.the conract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) violation; liability for unpaid wages; liquidated damages. rn the event of any violation of the clause set forth in paragraph- (W M_ of., this section., the.. contrac.tor,,and. any.-subcontraator_ responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to -the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to.be withheld, from any moneys payable on .account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime 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 be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. ;c) fn addition to the clauses contained in parac}raph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor Shall maintain Dayrolis and basic payroll records during the course of the work and shall preserve :hem fcr a period of three years from the campleticn of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract —a-clause-providing � that th'a records - t� -- —paragraph-shal-l�-be-avai-i-atrii -by-thq--cotrtractcr-,ar-subcontmctcr-far inspection, copying, o= tkiinacription by authorized representatives of the (write the n4me of agency) and.the Departmertt of. Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. (The information collection, recordkeeping, and reporting requirements contained in the following paragraphs of this section were approved by the Office of Management and Budget: ..++..+..�-�......, .�.. .. w...._—.....�.�..—,.w- �-.�..r..�..—....rs.....�.�..�..-- -—..—..r�..r�ra..�r:+�,.�.w..wrw.+�kr.t�.rvuadwars aauri•� Paragraph OMR Cotitrol Number ------ --------- .-------------------------------------------------------- (a)(1)(ii)(B)............................................... 1215-0140 (a)(1)(ii)(c).............................................. 12(I5=-0140 (a)(l)(iv)................................................. 1215-014C (a)(3)(i)................................................... 1215-0140,. 1215-0017 (a)(3)(ii)(A):..........................................,.. `:1215�-0149 (c).....i.:ita......................................... 1215-'0017 ----------------------------------------------------------- ------- (48 FR 19540, Apr. -29, 1983, as amended at 51 FR 12265,' Apr. 9, 19861 55- FED 50-150, Dec.- 4, 19901 57 FR, 28776,• June 26; 1942;- 58-FR 59955, Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR 69674,*Nov. 20, 2000, 73 FR 77511-77512, Dec. 19, 20081 Contractors StpcuILr.; Dateck No Text � t —� - ] � 5 4 e - .i ¢ ti poww SI�Kt�l��f ' kwI[�tt#il �77, ' •y��__'/��/�.#(1t�iRF to-W F. :.; f �. .dQ� 1( (: f cw vc H 4. 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I ..I -.65.58 t1:f5+.58 A! $18:Z5 $11.26 'r. $159s'. '. Belt # $4 .OQ . 6 $12:0(i+.46 . j 12alU $7.87' $7.7� ` .as Bam .54' ' 1aaO rasa .. i . _ . s 0 42.t.48 $720t.46 $12.t10 Bouxlaa .00 ,' f 1: $# 0,5f1� $11.26 $15 s9 E { . < I $2t1; pp W'OB*AB' AG.:. $12a00' • i).t36 4 v5t3 { Br tMieVf #2:5(i 12 5.. ' 2s Z.35 S8 26 ' { _ $7.555 6 $8 .00.+ 52 $8- 4k ,52 $1$.25 2.1s �.84+ 1;056 1.4 „$1 52 Y 17 49 'l.15 $ i7ii W. < $ �'n� '4/L1PF+"►0 - f.:Vtl'f. ... .�5. - '$"cZ4V.' .'' d }':.I �. $9.45 - Br t► $i r 0o $10.6 $ t 1.28. 15ss .0V t. Brismr '1-5.�3 - $15.63 $18.75 $8 25 � $i5.s9. I _ $20.00 { r ` Bf00%6 A+:34 $10.DQ $10.5t1 $112fi $t*.s I . $2D 00 ;. gq i r MO. 'P� 4atert�ti�iat d men W1IIN4 Vlfdtal. i' .h.�I�«" ^•fie+ 1Ai ! `. (nAan a# � � } � ►l�I,p� 1' � � a e01 .- .7777777777-7 k +! aJ{s 1l J 3r 25 11.26 €' 2.1Qi4�244 3 , a - �@4 R - .. Q1` .. $12{ r .46 $ 1ZOO+46 i i2W fi '�Q 11 i 5 99 z n y �. 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