HomeMy WebLinkAboutResolution - 2011-R0484 - Contract - Lone Star Contracting - WAP, CEAP - 11_03_2011Resolution No. 2011-RO484
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. 10443 for the
Weatherization Assistance Program (WAP) and Comprehensive Energy Assistance
Program (CEAP), by and between the City of Lubbock and Lone Star Contracting, 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
TOM MARTIN, MAYOR
ATTEST:
P"-4�� '��
Reb cca Garza, City Secretary Q�
APPROVED AS TO CONTENT:
Quincy `Ate, Assistant City Manager
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-Lone Star Contracting
September 22, 2011
Resolution No. 2011—RO484
Contract # 10443
SERVICES AGREEMENT
This Services Agreement (this "Agreement") is entered into as of the 3`d day of November,
2011 ("Effective Date") by and between Lone Star Contracting, 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:
1.
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 Terms 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.
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.
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 party.
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
.09
Ao�
Tom K4artin, Mayor
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Quincy White, As ant City Manager
APPROVED AS TO FORM:
Assistant City Attorney
{:ontractor
By: Lone Star Contracting
Eddie Burk
EXHIBIT A
Weatherization Assistance Program (WAY)
RFP 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 (CEAP) 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 (CEAP) 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 (CEAP) 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 Iine 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
L 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.
I1. Susnension 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 demonstration 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 Neoatism.
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 Activitv
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 Activitv 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 shall 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.
XIII. 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. Leual 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.
XVII. 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
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 C.F.R., Part 50, as amended.
XVIII. 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.
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
II. 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
Combined single limit for
bodily injury and property
damage of $ 100,000 per
occurrence or its equivalent.
2. Automobile Liability Combined single of $100,000 per occurrence
a. Any auto
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 131h 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
Fernplate: FA -Special Terms and Conditions
9-20-2009 FINAL (APPROVED BY DOL)
FA-TC-0050
.ri Inciu:ie f -r ARRA A%t� io .=;i: =r. rJ/i:' RA rE :IFOLAREMEI`iTS UNDER SECTIC N 1-6 6
= iE��'�(i"'TNT`d.rKi%: ERY ACT rf.uyi?S ifU iqUifCd.
DAVIS BACON ACT REQUIREMENTS
A. Definitions, For purposes of this Clause, Clause XX, Contract Work Hours and Safety
Standards Act, and Clause XX, Recipient Functions, the following definitions are applicable:
11) Award means the Award by the Department of Energy (DOE) to a Recipient that includes 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
Subrecipients, Contractors and subcontractors on projects funded by or assisted in whole or
in part by and through the Federal Government pursuant to the Recovery Ar_t.
(2) "Construction, alteration or repair" means all types of work done by laborers and
mechanics employed by the Subrecipient, construction contractor or construction
subcontractor an a particular building or work at the site thereof, including without
limitation —
(a) Altering, remodeling, installation (if appropriate) on the site of the work of items
fabricated off -site:
,bY Faintlnq and decorating{; ur
ic; 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 property 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 -
AS Contractir g Gfficer 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 proce,s_
11163,111, 11i F;i itlt'y Chit F,ntei .rlfi.i ,i _CilitreiZ t. fcr puI po:Ses C. flit'.-ie ilalj es,
!r Shall mcli.d . 0,,b ..,^,rltractars and € .w,,�r-t-er +lh•-ilntradors.
±fi` .Recipient means any entity rather than ,gin indivniu,:}I that receives Recovery Art funds in
;he form of a gfant tfi`recrly fro. m the Frdf<t'al (jO>e-`rn!'lE'r i. , he rfrm it dudes the state that
receives an Award from DOE 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 A:vard.
•.7, "Site aj the work"—
( 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
fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool
yards, etc„ provided—
(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)(i) or (7)(a)(ii) of this definition; and
(c, Does 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 to addition, fabrication plants, batch plants, borrow pits, job headquarters,
yards, etc., of a commercial or material su ppl ier w hich are established by a supplier of
materials for the project before opening of bids and not on the project site as defined in
paragraphs (7)(a)(i) or (7)fa)(ii) 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,
(S) Su6aword means an award of financial assistance in the fort of money, or property in lieu
of money, made under an award by a Recipient to an eligible Subrecipient or by a
Subrecipient to a lower- tier subrecipient. The terns includes financial assistance when
provided by any legal agreement, even if the agreement is called a contract, but does not
include the Recipient's procurement of goods and services to carry out the program nor does
it include any form of assistance which is excluded from the definition of `Award" above.
,9') aubrrecipierrt mparts 3 non -Federal entity that t'<pends Federal awards received from i
`Cr_tera3 pr-,gr:an:, dC:: -j- Wcs `;L t rrfou(lr_' ,m
;r. lisic!tr:;t Chart :s <r henc•fie:;r,zr.; of ,i,:_h a progif.,iin, The refs 4 includes a Community Action
Acenr_y CAA; Iccal .agency: or other entity to vh(ch a Subaward under thp Award is made by
o Recipient that includes a requirement ro cer~ipfy .vith the labor standards clauses arid wage
f itE- roquirr,'r emits c" f the DPA'.l:i:l'it li('rfr;rm*.,,'i by Al l.:il {:rr r': Jnd fnerhanice ernployed by
contractors and subcontractors on projects funded by or assisted in whole or in part by and
through the Federal Government pursuant of the Recovery Act.
B. Davis -Bacon Act
(1)1a) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued
by the Secretary of Labor under the Ccpeland Act (29 CFR Part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed
at rates not less than those contained in the wage determination of the Secretary of )tabor
vihich is attached to the Subaward or Contract and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the Recipient, a Subrecipient,
or Contractor and such laborers and mechanics.
(i) Applicable to Recipient Only, Prior to the issuance of the Subaward or
Contract, the Recipient shall notify the Contracting Officer of the site of the work
in order for the appropriate wage determination to be obtained by the
Contracting Officer 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 Officer immediately of
the site of the work under the Subaward or Contract in order for the appropriate
wage determination to be obtained by the Contracting Officer from the Secretary
of Labor.
{b) Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the DSA on behalf of laborers or mechanics are considered wages
paid to such laborers and mechanics, subject to the provisions of paragraph B(A) below,
*o, 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 period.
(c) Such laborers and mechanics shalt be paid not less than the appropriate wage rate and
fringe benefits in the wage determination for the classification of work actually
performed, without regard to skill, except as provided in the paragraph entitled
Apprentices and Trainees. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time
actually worked therein; provided that the employer's payroll records accurately set forth
the tir91£ sprint in each dassificdbon in ,xhi _h',vork is performed.
di The vrgge determination 'including Srty additionai classifications and wage rates
nrfofined under piraq;aph BiZ of this Clause" and the Davis Sawn poster (WH 13Z1I
1;r; {^csr!'d ar .)ii tf rwz rr: rfioa -, � tic _ric s i it?w ,V-..irli ,fl .l
)fominent i.lnrt place- "bLrc: it'_,n lie (:a6l!r -;Perri by the worker
The Contracting [;fficer shall require that any crass of laborers or mechanics which is not
Wed in ,ha.Y :`.<;rle d.!tr-_-rrnini6e-n :lnd -.%J .h is tr- he o-'.rrlployed under the Si,ba`r:ard or
Contract shall be classified in conformance with the wage determination, The Contracting
Officer shalt approve an additional classification and wage rate and fringe benefits
I
herefore only :when ail the fcllo.wing criteria have been vier
i; The work to be performed by the classification requested is not performed by a
classification in the wage determination.
iii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics
to be employed in the classification (if known), 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 shall notify the
Contracting Officer of this agreement. If the Contracting Officer agrees with the
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), a report of the action taken shall be sent by the Contracting Officer to the
Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator 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 Subrecipient (and Contractor, when applicable), 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 appropriate), the Subrecipient shall notify the Recipient. The Recipient
shall notify the Contracting Officer of the disagreement. The Contracting Officer shall
refer the questions, including the views of all interested parties and the recommendation
of the Contracting Officer, to the Administrator of the Wage and Flour 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.
cl; The wage ;ate tiriduding `range biriefits, where appropriate) determined pursuant to
�.F•.��.->.�;:� ; i nc C.'�. ,h„ r,r ttr-�:(�; . C th« ,l'— u��e hafl be, paid all `Ficrl ers pef'ff,;rnling
k its khe f,iysifir,stf,_ r i.;ndcr tho Awzird. Sub.v.,ard, nr :ilntr,ict ,mrn the. i`rrrt day on
'-Alldl s",1rk i; oerfcrmcd rn the I ssifir_;rtinn,
i3` Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a
class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly
rate, the Subrecipient and 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.
Al, If the Subrecipient or Contractor does not make payments to a trustee or other third
person, the Subrecipient or Contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program; provided, that the Secretary of Labor has found, upon the
.bitten request of the Subrecipient or Contractor that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may require the Subrecipient or Contractor
to set aside in a separate account assets for the meeting of obligations under the plan or
program.
C. Rates of Wages
(1) The minimum wages to be paid laborers and mechanics under 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 corresponding classes of laborers and mechanics employed an
projects of a character 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 for the appropriate wage determination to be obtained by the Contracting
Officer from the Secretary of Labor.
D. Payrolls and Basic Records
Lt) 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 (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
section 1(b)(2)(6) 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
paragraph ;4), of the provision entitled Davis -Bacon Act, that the wages of any laborer or
rnechattic Include the amcmit of any costs reasonably anticipated in providing bent -fits under
a plan or program described in section lib ZJB', of the Davis -Bacon Act, the Subrecipient or
Contractor shall maintain records which show that the commitment to provide such benefits
is enf:;rceable. that tha Flan or prcgn im is financially responsible, and that the plan or
p c!!—q .im hal i�t $Yl i;ejff•n?'u.,tilC.:if.:,'i} Fit mitiFii_q to Citt� i,it:S;frrti 7r YnnchanKs affected- and
reccf;l. '.vhich shovi the ro5ts anticipated or the actuj3 cost 10CrJrred it) providing such
Ltrnefits. The, Subrecipient or Contractor employEng apprentices or trainees under approved
progfarns shall maintain-,%ritten evidence of the registration of ipprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the
ratios and wage rates prescribed in the applicable programs_
;(a, The Contractor shalt submit meekly for each week in which any Contract work is
performed a Copy of all payrolls to the Subrecipient, The Subrecipient shall submit weekly for
each week in which any Subaward or Contract work is performed a copy of all payrolls to the
Recipient_ The Recipient shalt submit weekly for each week, in which any Subaward or
Contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls
I.:ubmitted shall set out accurately and completely all of the information required to be
maintained under paragraph D(Z) of this Clause, except that the full social security numbers
and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall
only need to include an individually identifying number for each employee (e.g., the last four
digits of the employee's social security number). The required weekly payroll information
maybe submitted in any form desired. Optional Form WH-347 is available for this purpose
from the Wage and Flour Division 'Web site at
http-//vvww.doLgoyiesa/tvhd/forms/wh347instr,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
Records, of this Clause. The Subrecipient is responsible for ensuring all Contractors,
including lower tier subcontractors submit copies of payrolls and basic records as required
by paragraph D, Payrolls and Basic Records, of this clause. Subrecipients 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 audit of compliance with prevailing wage requirements. 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 records, without weekly submission to the Contracting Officer.
(c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by
the Recipient, Subrecipient or Contractor or his or her agent who pays or supervises the
payment of the persons employed 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 D(2)(a) of this Clause, the appropriate information is
being maintained under paragraph D(i) of this Clause, and that such information
is correct and complete,
ii; That each laborer or mechanic including each helper, apprentice, and trainee)
eInpic ed ,f- the or'.-ar,tract dunrg the payroll period has been paid
`he (oil weekly wages earned without rebate, either directly car indirectly, and that
176 dMucttons ,-save been made either directly or indirectly from the full :,rages
et :reed. ctho:r than parr#iss bie deductions : w set fcrth in the Regulations, 29 CFR
P= if,, t. orld
OW That each laborer or mechanic has been paid not less than the applicable
%,age rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into
the Subaward or Contract.
d) The vreekly 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 D12)(c) of this Clause.
(e) The falsification of any of the certifications in Paragraph D, Payrofls 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 shalt make the records required under
paragraph D(1) of this Clause available for inspection, copying, or transcription by the
Contracting Officer, authorized representatives of the Contracting Officer, or the Department
of labor. The Subrecipient or Contractor shall permit the Contracting Officer, authorized
representatives of the Contracting Officer or the Department of labor to interview employees
during working hours on the job. If the Recipient, Subrecipient, 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, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
E Withholding of Funds
(1) The DOE Contracting Officer shall, upon his or her or its own action or upon written
request of an authorized representative of the Department of labor, withhold 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 Contractor the full
amount of wages required by the Award or Subaward or a Contract. In the event of failure to
pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
; .-rkmq cn the :,ite 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
Anon as }nar b(r= nCC.e55,TrY to C=Iusti the ':uspeni{on of ;ory further payment, aftvurlce, or
guarantee (If funds until such violations have ceased.
Ih=- Recipient :h ,ll, ,.pr n its >..n ,:iciicn or ip(m err ltun request of the DOE Contracting
rht? V.Vn.trrrnfnnt n# !„h:ryr. wftt?t,old :'r
,%dhheld fr( tm my L hl'R'::ipfPr t C f cont.r-WL.`or" o rm,l h cf the acubed lip?} ntent5 or advances
a:; I-na'f he- uin;idei€M nEcassarj to pay laborers and rM-chanirs, including apprentices,
trainee s, and helpers, employed by the Subrecpient or Contractor the full arnount of wages
i,egi,;ire d by the Sub<rrt and or CtantrKt, .n the Lnent of failure to pay .any iabcrer or merhanic,
including 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
notice 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 or the Government may cause the suspension of any further payment under any
other contract or Federal award with the same Subrecipient or Contractor, on any other
federally assisted Award subject to Davis -Bacon prevailing wage requirements, which is held
Uy the same Subrecipient or Contractor.
F. Apprentices and Trainees
L; Apprentices,
(a) An apprentice will be permitted to work at less than the predetermined rate for the
work they performed when they are employed—
(i) Pursuant to and individually registered in a bona fade apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, 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 90 days of probationary employment as an apprentice in such an
apprenticeship program, even though not individually registered in the program,
if certified by the OATELS or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice.
ib) 'rhe allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the Subrecipient or
Contractor as to the entire work force under the registered program.
(c` Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated in paragraph F(l) of this Clause, shall be paid not less than
the applicable wage determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
(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 Subrecipient's
or Contractor's registered program shall be observed. Evety apprentice must be paid at
nc:t less than the rate Cpecifietl in the registered ptograrn for the apprentices level of
, � fir_.-.. ,a t.z.rce..i. ge _ .:me, „^i, ..;.,,i;r ; S.c sPeci,rr=ci in the
, r pVta1JPle ,,.oyt if t;_rn'srnatit;n.
e; „ pprentice s shall he paid fringe benefits in accordance with the provisions of the
program: 11 the ,,ppren0Cr!ship prcgr, rn does not specify frimge benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid
in <accardance with that determination.
If In the event OATELS, or a State Apprenticeship Agency recognized by OATELS,
withdraws approval of an apprenticeship program, the Subrecipient or Contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate
for the ,,%crk performed lentil an acceptable program is approved.
(2) Trainees.
(a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by
formal certification by (OATELS). The ratio of trainees to joumeymen on the job site shall
not be greater than permitted under the plan approved by OATELS.
Ib) Every trainee must be paid at not less than the rate specified in the approved program
for the trainee's level of progress, expressed as a percentage of the joumeyman 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
corresponding journeyman wage rate in 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 OATELS
shall be paid not less than the applicable wage rate in the wage determination for the
rl:rssification 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 permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
?; Equal employment opportunity. The utilizations of apprentices, trainees, and journeymen
ender thi_. Cl auw- :;hail be in ccnforrtty with the t clual Gn3ployrnent opportunity
requirements of Exectitive Order 11246, as amended, and 129 CFR Part X
G. Compliance with Copeland Act Requirements
Rirt a
vhrch are hereby incorporated ty ret*erence. n the rt= -.wd, Suba�,,,ard or Contract.
N_ Suhawords and Contracts
(l;: 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 M of the requirements contained in this Clause. The
Subrecipient shall be responsible for the compliance by Contractor with all of the
f2quifements contained in this Clause.
Z; Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting
Officer a .ofnpleted Standard Form (SF) 1,113, Statement and Acknowledgment, for each
Subaward and Contract for construction within the United States, including the Subrecipient's and
Contractor's signed and dated acknowledgment that this Clause) has been included in the
Subaward and any Contracts. the SF 1413 is available from the Contracting Officer or at
http:iicontacts.gsa.gov, webforms.nsf/0/7084872Dl6EE9SA785256A26004F7EA8/$file/sfl413-e.pd
f , Within 14 days after issuance of a Contract or lower- tier subcontract, the Subrecipient shall
deliver to the Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgment,
for each Contract and lower -tier subcontract for construction within the United States, including
the Contractor and lower- tier subcontractor's signed 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://confacts.gsa,gov/webforms.nsf/Q/7084872Dl6EE95A785256A26004F7EA8/Sfile/sfl4l3 e,pd
f. The Recipient shall immediately provide to the DGE Contracting Officer the completed Standard
Forms (SF) 1413.
L Contract Termination -- Debarment
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 512.
J. Compliance with Davis -Bacon and Related Act Regulations
All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3,
and 5 are hereby incorporated by reference in the Award, Subaward of Contract.
K_ Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for
resolving disputes concerning labor standards 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 Rccipieat, Subrecipient (including hny Contractor) and the
Department of Energy, the U.S. Department of Labor, or the employees or their representatives.
L. Certification of Eligibility.
6sr '."litt'flli , ifite, thl- Ar,affl �l!t';.]`.';lrlt, or (.,,ntr !0 I- , ppl!cable.•, the Recipient, Subrecipient,
+-.r C_• -ntr:irtor, respectively certifies that neither it ror he cs shel nor any per5on or firmwho has
an interest in the Recipient, Subrecipient. ci Contractor firm, fs a person, entity, or firm ineligible
H
to be aviarded Government cortracts or Govcrnment awards by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12"X(i'.
i2 No part of this Award, Subaward or Contact shall be subcontracted to any person or firm
ineligible for award of a Government contract or Government award by virtue of section 1a' of
the Davis -Bacon Act or 29 CFR 5.12ia1i1}.
�3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U1 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 the federal contracting activity or a representative expressly designated for
this purpose, if the straight time wages exceed the rates for corresponding classifications
contained in the applicable Davis -Bacon Act minimum wage determination included in the Award,
Subaward or Contract. 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 5ubrecipient
or Contractor and shall not be reimbursed by the Recipient or Subrecipient, If the Government
refuses to authorize the use of the overtime, the Subrecipient or Contractor is not released from
the obligation to pay employees at the required overtime rates for any overtime actually worked.
Clause XXX. Contract Work Hours and Safety Standards Ad
This Clause entitled "Contract Work Hours and Safety Standards Act {CWHSSA)` shall apply to any
Subaward or Contract in an amount in excess of $100,000. As used in this CWHSSA Clause, the
terms laborers and mechanics include watchmen and guards.
A. Overtime requirements, No Subrecipient or Contractor contracting for any part of the
Subaward 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
B. Violation, liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph B herein, the Subrecipient or Contractor responsible therefor shall
be liable for the unpaid wages. In addition, such Subrecipient or Contractor shall be liable to the
United States i in the case of work done under a Subaward or Contract for the Distr€ct of
Coluiribi,, sir a territon: to '.uch Di>trrct or to `such territory), for liquidated dainages. Such
liquidated damages shall be computed v4ith respect to each individual laborer or mechanic,
including v;atchmen and ;lu,ards. einployvd in isolation of the prevision set forth in CWSSHA
irrigr.tl it A. a. the >t r°,� of : -0 r eit-h • al,;-nd.sr da;iI art 'MN0 Sucn mcliwduai .vai required t:r
ok, nkTt.:=# io) ;:rrk if, f'Yi E'4G, It;o cr_j n,'l:lrri r4,. _'i! _. -�Tt' h_..r: .::tfi ti'.rt F;3fmGilt s€ the
.. :rffr7`r-.'1i3E'_. ft'1::UirrCf I;; i€YL _r i{rr_• `.rt .�ftl; ii p::if":igt...Cfl'A::'r Film. °er,ficn.
C,. 'Nithh(Ading for unpaid °singes and hquO,ited rlainages_
iI) The DOE Contracting Officer shall upon its own action or upon written request of an
authorized representative of the Department of tabor withhold or cause to be withheld,
from any moneys payable on account ofwork performed by the Recipient on this or
any other Federal Award or Federal contract with the same Recipient on any other
federally -assisted Award or contract subject to the CWHSSA, ,which is held by the same
Recipient such sums as may be determined to be necessary to 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.
izl) The Recipient shaft, up011 its own action or upon written request of the DOE
Contracting Officer or an authorized representative of the Department of Labor,
withhold or cause from any moneys payable on account of work performed by the
Subrecipient or Contractor on this or any other federally assisted subaward or contract
subject to the CWHSSk which is held by the same Subrecipient or Contractor such
sums as may be determined to be necessary to satisfy any liabilities of such
Subrecipient or Contractor for unpaid wages and liquidated damages as provided in
clause set forth in CWHSSA, paragraph B of this Clause.
D. Subcontracts. The Subrecipient shall insert in a Contract and a Contractor shall insert in any
lower tier subcontracts, the clauses set forth in these CWHSSA paragraphs (A) through (D) and
,also a provision requiring the Contractors to include this CWHSSA Clause in any lower tier
subcontracts. The Recipient shall be responsible for compliance by any Subrecipient or
Contractor, with the CWHSSA paragraphs A through D. The Subrecipient shall be responsible
for compliance by any Contractor (including lower- tier subcontractors).
E. The Subrecipient or Contractor shall maintain payrolls and basic payrolls in accordance with
Clause XX, Davis- Bacon Act Requirements, for all laborers and mechanics, including guards and
watchmen working on the Subaward or Contracts. These records are subject to the
requirements set forth in Clause.XX, Davis Bacon Requirements,
Clause XXXX. RECIPIENT FUNCTIONS
,I; On behalf of the Department of Energy (DOE), Recipient shall perform the following
functions:
fa) Obtain, maintain, and monitor all DBA certified payroll records submitted by the
Subreciptents and Contractors at any tier under this Award;
€b;' Review all DBA certified payroll records for compliance with DBA requirements,
including applicable DOL wage determinations,
i !*-tjf.( C)OF of -viy ncn-ccrnplianc�- :°nth DBr. aq ulrements by SubriE:lpient9 cr
—it itra(:.tors it my tier, rnc:luding any nnn-con'rphat ices identified it; the result of
reviews performed pursuant to Paragraph t) above:
d) Address any Subrecipient and any Contractor CBA non-compliance issues; if DBA
non-compliance issues cannot be resolved in a timely manner, forward
complaints, summary of investigations and all relevant information to DOE;
e) Provide DOE with detailed information regarding the resolution of any DBA non-
compliance issues;
if) Perform services in support of DOE investigations of complaints filed regarding
noncompliance by Subrecipients and Contractors with DBA requirements;
ig) 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. DOE or an authorized representative
shall be granted access to the records at all times.
(3) In the event of, and in response to any Freedom of Information 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.
Exhibit F
29 CFR 5.5 - Contract provisions and related matters.
• Section Number: 5.5
• Section Name: Contract provisions and related matters.
(a) The Agency head shall cil'ise or require the ccntracting offic.lr
to insert in full in any contract .i.n excess of $2,000 which is entered
into for the actual construction, alteration and/or repair, including
painting and decor.a.tinq, 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 pledge of any contract of a Federai agency to make a loan,
grant or annual contribution (except where a different meaning is
expressly indicated), and which is subject to the labor standards
prov.isi.ons of any of the acts listed in Sec. 5.1, the following clauses
,'or any modifications thereof to meet the particular needs of the
agency, Provided, That such modifications are first approved by the
Department of Labor):
(1) Minimum wages. (i) All 'laborers and mechanics employed or
,working upon, 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
development of the project), wili be paid zanconditionally and not less
often than once a week, and withou" subsequent deduction or rebate on
any account (except such payrcll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29
CFR part 3)), the full amount of wages and bona fide .fringe benefits (or
cash equivalents thereof) due at time of payment computed at rates not
less than those contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the
contractor and such laborers .and mechanics.
catr_burions made or costs rea40ri.°ably anti:.ipated for bona fide fringe
benefits under _section 1!b)(2) of the Davis -Bacon Act on behalf of
laborers ear mechanics are considered wages paid to such laborers or
mecnaniczl, subject to the provisicns 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 particuia.r 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 classificat-.on of, work
actually performed, without regard to skill., except as provided in
Sec. 5a} () . Laborers or rme itanics performing work 4:1 more than one
class:i.ficati_on may be c:ompensated at the rate specified f"or ear m
cl-_'.ssification For the time actila ly forked therein: Providled, That he
emp_over"s payroll records accurately set forth they time spent in e.-_i::n
7'fir _Ii' :r1 lf' "..Jnl'K _.., par*�_:Y'r .�_ mr_` WSJ'Q
and wage .gates conformed tragr;aph (a� .1) !11) Cf
this 3ectton; and the Ca is-aaCon roster :WH-l32'1A _hall. be pc'•st d at
,all time es by 1-he ccn` r cC cr .and its sul contract:o.rs a, the Site o. this
work in a pri..rninetnt and ac, essihle place ,.;here it can be as.l.l;( .`aeen by
ii)I,i1) The contracting offices sham_ require than any C1a59 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 conGrI'ancp with the wage determination. The
contrac ing rfficor shall approve an additional ClaSSiiication and wage
rate_ ,Ind fringe benefits ftereiote only when the following criteria have
been met:
(11 The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industrv; and
('v, `he proposed wage ra-e, including any bona side fringe benefits,
bears a reasonable relationship to the wage rates contained in the wage
determination.
+a) .f the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and the
contracting officer agree on the classification and wage rage (including
the amount designated for fringe benefits .:here appropriate), a report
of the action taken shall be sent by the contracting officer to the
Administrator of the 'gage and Dour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, wilL approve, modify, or
disapprove every additional classification action withri 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the "30-day period that additional time io
necessary.
(C) In the event the Contractor, the laborers or mechanics to be
employed in the classification or their representatives, and the
contracting officer de not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where
appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of
the contracting officer, to the AcLminist.rator .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 cantracti.ng officer within the :30-day period
that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs (a)(11(i.i) (8) 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.
(iii) Whenever the minim -am wage rate prescribed in the contract for
a class of laborers or mechanics includes a fringe benefit which is not
expressed as an ho:irly rate, the contractor shall either pay the benefit
as stated in the 'wage dttc:rrr,ina"ian or shall pay anot?e,r bona fide
fringe benefit Cr an t:ourly cash equiva'Lent thereof.
(iv) lff the contractor d„es not make payments t.o a trustee or other
third person, the contractor may consider as part of the gages of any
yaborer or mechanic amount of any costs re"ason"ab .y anticipated in
j:rc.W'd*nq bnna fide Li.tflSyN Cot-)n-!r.�..^,. 2'1ti(1 Pt" 3 an or ornrvram, P r o, %,.'. die ,
That f,icF' :;t;r4 ti .Lj/ of Labor 2l' fi ;1 i�, upon
.le w_iLl en reque t of the
contractor, that the riLipl iC;3biF: s andarrds Gf the Davis-B.ac:cn Act have
been met. The Secrr.'.'.__ar'f of Lazo, may _et7`]1.1('_ tt'iE' :o set 4.CretraCt r n .aide
<
in a separate account assets for the Tre?eting of cbLiC;ations under the
plan or program.
12)Air'Hh oldin7_ TZe;c (wr..te ..n. n.ime i--eder"a�_ Agen,-v or _`oan or
grarit recipient) shall !upon its own action or upon written request of an
<autticrized represea;tati�:e of the Department of: Labor withhold or cause
to 'rye withheld from the contractor under :his contract or any other
Eederai contract with the same prime contractor, or any other federally-
ass;sted contract subiect to Davis -Bacon prevailing wage requirements,
which is held by the same prime contra=c-tor, so much of the accrued
payrnents or advances as may be considered r:ecessa=y to pay laborers and
mechanics,including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by tte
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 development 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) Fayrolls and basic records. (i) Payrolls and basic records
relating thereto shall be maintained by the contractor daring the course
of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, -or under the Housing Act of 1949, in
the construction or development of the projecr_). Such records shall
contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described .in
section i(b)(2.)(8) 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 cinder 29 CI'R 5.5(a)(1)(iv) that the wages of any laborer
or rrechan:ic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records
Which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the Laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing
.apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescriber .in "tie applicable
programs.
(ii)(A) The contractor shall submit weekly For each week
in which any contract work is performed a copy of ,ail payrolls to the
(write in tame of appropriate federal agency, if the agency is a party
to the contract, but if the agency IS not such a party, the contractor
w? .L uhmit the payrolls to the appl i `:ant, sponsor, or owner, as the
r.;,3.,p TrlcsY E3, fcr fra;iSIriss:3i:7n tip the ('+JL'lttr :.ii ,u'^E of agency) The
f 4.i:� :�. .._4+�:7 snail. set i`; ��%y mple`a%y ;.l of the
fcrrzati:n required to be maintained under 29 CFR 5a) (3) ,i), excr_.pt
that f_uil social secur_r.y numbers and home addresses shall not by
inclu,_Jed on aeeri._, +r<an.untit—als. Instead trio payrolls sha _i only need
F.c in_?_.Iude an indiv_dually identI_`ying number for each employee ;Fs g_
the las". fi.u_ digits of the FW;CplcyEfel!< social YI:11Tlber). ThF..t
respired week—ly payr':•it Information nay be `p: In any
Opt.z.onal Form :H-347 is available for this purpose from the Wage ar:d
Hoar Divis i c n We sate at '1'fay1 ,,-]; v es=:i, ii:d/:: 1r'ri: 4 ,ir_,t 1: ;t7
:or its successor site. The rime c �nt rar responsible or h
s p_ o.. .ac_� isfor the submission
of copies of payro:.1s by all subccntractors. Contractors and 6bcontractors
sh,ai l maintain the full soc.iai security number .and currentaddress of each
covered worker, and shall provide them upon request to t_he (write in
name of apprr--priate federal agency) if the agency is a party to the
contract, but it the agency is not such a party, the contractor ,will
subirrit teem tc the applicant, sponsor.', or +owner, as the case may be,
- , r �3n;.r fission to the (Write in name ^f agency,, the ontra tor, or
the wage ,ind Hoer Division of the Department of Libor for, purposes of
an investigation or "di: of a,rnpiian•ce wi,_h pr,vais.inq wage
requirements. It is not a viclrat.ion of this section for a prime
contractor to re`?ulre 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, cr owner).
(8) Each payroll submitted shall .be accompanied by a � �Sta"erlvnt of
Compliance,'' signed by the contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed under
the, contract .and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be provided under Sec. 5.5 ta)(3)(ii) of
Requ lat .ons, 29 CFP. parr 5, the app.rop.riate information is being
ma.intaized under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and
that such information is correct and complete.;;
(2) That each laborer or mechanic (including each helper,
apprentice, and traLnee) employed on the contract during the payroll
period has been pa.id 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 wadies earned, other than
permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each Laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for, the
classlficaticn of wcrk performed, as `pecif1ed in the applicable wage
determination incorporated into the contract.
(C) The weekly suhmissiOn of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the—Staternent of Compliance'' required
by paragraph (a) (3) (ii) (S) of this section.
(D-) The falsification of any of the above certifications may subject
;he contractor cr subcontractor tc civil or criminal prosecution under
section 1001 ,,)f title 1J and section 2.31 of title 31 of the Jr,ited
state:, Code.
(iii) The contractor or subcontractor shall rra, es -the records
required un—:uer paragraph (a (3) (i) of this section available for
inspection, copying, or transcription by authorized representatives of
the (,write the name C_,f the :j:3E'fi+Yl) Or the Department if-Iabcr, and :shall
permit.s4xh reprGse? `ai.1ve,- tc, :..ter...._, t'r3pi<.:y es ;,uXing workin!'x Pours
n ,she 'oV it the .a�:�Ii'_Ta'.=t]ror s;3h"ccntractc_ ,`.ai-s to:--1iibR:iL ;he
?^7s�i'f�'7 __�:�':�s .. .,_ �<Ci�.. .. : Err:': d'ldl .,ir?�-r-, ..".e ?:7 _.: •.t]��cd.:,� ifl:�t y,
af7er wr_._.,,.n notice 'tc the contractor, „1so , syplicant, yr wner,
take such act -,on as .rfi- y iFe net'(.'„__sary 'G caue t!ie :i`:spensior Of any
_i..rt.her .jatYrnent, advance, or tguaran`::e% -:f I.inds. failure to
submit the re.q,- irc: d Cecurdti ap,r I _`_'qu si_ .-,r ro rr],wke ouch records
available may be :";='yw d.`_ for debar-enF'.1.rs-aarit to, 29 7`•R :7— 12 .
-irid rr a...�,?.. ( n?p f,'I'; `: __ -5."�'ir.. �. `. i;.'�'- >^F: i. Y„e
per nitt.ed to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered
in � bona five apprenticeship progran registered with the U.S.
Cepcartment of Labor, Employment and `training Administration, Office of
Apprenticez:hip Training, Employer and Labor Services, or with a State Apprenticeship
;,ge n cy rececInized by the Office, or if a person 15 employed in his or her first
90 days of probationary employment as an apprentice in such an
app centiceship program, who is not individually registered in the
prc dram, but who has been certified by the Cffice of
Appr;ezticPshlp Training, Employer and Labor Services
or a State Apprenticeship Agency twhere appropriate) to be
e-ai.,cjible for probationary employment as an apprentice. The allowable
ratio of apprentices to journeymen on the jab site in any craft
c.tas sification ;hall 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
performing work on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. Where a
contx'actcr is performing construction on a project in a locality other
than that in which its program is registered, the ratios, and wane rates
(expressed in percentages of the journeyman's hourly rate) specified in
the contractor's or subc-ontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wane determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the
apprenticeship program. if the apprenticeship program does not specify
%rintje benefits, apprentices must be paid the full -Amount of fringe
benefits listed on the wage determination for the applicable
classification. it the Administrator determines that a different
practice prevails .for the appl,ic;able Apprentice classification, fringes
shall be paid in accordance with that determination. In the event the
Office of Apprenticeship Training, Employer and Labor Services, or a
State Apprenticeship Agency recognized by the Office, withdraws approval of an
apprenticeship program, the contractor wi17 no longer be permitted to utilize
apprentices at less than the applicable predetermined rate .for the work
performed until .an acceptable program is approved.
Trainees. Except as provided in 24 CFR -1.16, trainees will not
be permitted to :,ork_ at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a prograsr which has recei,ed prior approval, er,idenr_ed oy
formal certification by the U.S. Department of Labc,r, Employment and
raining Administration. The ratio, of trainees to Jcurneytren on the Job
s", r-e ;shall not be greater than perrrsitted under thc plan approved by `_he
Emnlolme-t and Trainir i Administration. Every t_rain®re must be paid at
nor er,s ti�an he, : ;.rr3 5E>eC, : .1ed :r.e a p p r o v J pr, gr m P or Cne
irdlneels _pevel o-F p:roure3v, exp•resseci as a percentage of thte jtourne%rman
..o! riy rate specified In t- ie applicable wage de=ermi nation. 'Trainees
sal, Cc pail" fr1n;!fie benefits =S xTl ri l'.0 Idan C� 'r{i n t�'lE? provisions � r tti;e
=raa.n=:e program. If the -ranee rrograr, dC i nor mention fringe
benefits, �rai.nees .shall he cal—Ld the '=11.',.1 r?+TIoE:i'.?: i;: fiririCJe x';ei?ef'1t:7-
listed on the wa(H detcaarlr_.rati-. n ti lle:m3- -re "±d1lnis rat,.f !;L w,3gr?
and Hour Division d'-'_err '_nos that there i an apprenticeship program
aasso-ciat_ed with the corresponding Journeyman wage rate on the wage
determination wh-_ch provides for l sz: than `7i11 fringe benefits for
i,=pprenti(`.es. Any employee fisted on 11he: payroll at .a trainee rate 4dio is
rot registered and participating in a training plan approved by the
Empj_ov ,ent and Training Administration shali be paid not less than the
applicable :rage rat[-;
On the wage :aetermindtic:n TCtr the :.",i�a_i;�iiil.ut'1..^�i: of wOri� actually
performed. in addlitior., any trainee Performing stork or, the jet 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
�sork act,.;a_ly perfcrm{_-d. _n `i.(:' event _he E�p,m'•yr';e t and M:a rc:ng
Administration withdraws approval of a training program, the: contractor
wi1L no longer be permitted to utilize trainees at less than the
applicable predetermined rare fcr the work performed until an acceptable:
program is approved.
(iii) Equal employment opportunity. The utilization of apprentices,
tralnee=s and jnurne�-.ren ander this part 6hal1 be in conf_)rrrcity with the
equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR part 30.
( 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. .he =1'rrr;;tor or sut-,co,ntracvor shall insert in
,any subcontracts the cicause:a contained in 29 CFR 5.5(a)(1) through (10)
and such ether clause_ ::is the (write in L'.he 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 shale be responsible for the compliance by any
.subcontractor or Lc)we_r tier subcontractor with all the contract clauses
in 29 CFR 5.5.
(;) Contract termination: debarment. A breach of the contract
clau.,es in 2D CFR 5.5 may be, grounds for termination of the contract,
:and for debarment as a contractor and a subcontractor as provided in 29
CFR S.12.
(R) Cc.)mpi i aric:e with Davis -Bacon anal Related Act requirerr`.en`:s. All
rulings and interpretations of the Davis -Bacon and Related Lots
contained in 29 CFR_ parts 1, a, and 5 are herein incorporated by
reference in this contract.
i9r Disputes concerning labor standards. Disputes arising cut of the
labor standards prov,-isicns of this contrac!- shall not be subject to the
general d,i.Uputes clause of this contract. Such disputes shall be
resnlced in accordance with the P. Oc(,JuI'es of 'Ehe reG;,rtm.ent Cf Labor
set forth in 29 CFR parts 5, 6, .and 7. Disputes within the-neaning of
this clause include disputes between the contractor 'or any of :its
subconrractor_sj and _are contracting a:3ency, the U.S. Department of
iab;r, or the employees cr thF;ir. teeny e.r.ta _;e`cs.
IC) Ce-tLfi.cati.on of ell ibilit (_. 2�y .-nteri.r:q 41n=_o this
,cnt_.act, tne cer�_if;L(:2s tha` neitl"er -'nor ne or she; nc,,r
'r Firm. h,� :i -_' nteres' in 7ne rc;nI ri Ctcr's ';i.r7.. L_9 is
F_
v{Y >1r_i. i
ci r. ,�(1 ,ct..arn .r,=:ice zh�, i.i.:7'_�a-`?r1t?Dr 2`? CZ"-;, 57. CZ"-;, ,a,
i....; No^part ''. :.7?_ _ .i r':C_ s�;all Ge subcCaT:tra; red "tQ �Il`y' t ors? i
;r arm _TeI..I rl.. fo ;:1w:i—I !i: a._.'It C'??, r.?iiC , Un= , .__ by 'vlrt.le c4
s e(it_.:,n 3 e, Da vd. -'Ba.':...1n _ G.r 29
(ii ) `('fie per,,a ty for making fa;LsE __anrnents ...3 pescribed .H:rf th4
'_t
(by Contract work Hours and Safety Standards Act. The Agency Read
shall cause or require the contracting officer to insert the following
clauses set forth in paragraphs 'b? (1) , (2) , (3) , and ; 4) o; this
section an full' in any contrao: in an amount in excess of S.1_00,Io00 and
sub;Eect to the overtire 'p..rovisions of the; Contract Work Hours and Safety
Standards Act. These clauses shall be .inserted _n addiition 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.
11) Overtime requirements. No contractor or subcontractor
contracting tar any part of the con.ract work which may require or
involve the empioyrnent of laborers or mechani::s shall require or permit
any such laborer or mechanic in any workweek in which he or she is
e*tplcyed on such work to work in excess of forty hcurs in such workweek
'.unless such laborer or mechanic re celves comnensatLon at a rate not less
than one anI one-half times the basic rates of pay for all hours worked
in excess of forty hours .in such workweek.
(2) violation; liabil.ity for unpaid wages; liquidated damages. In
the event of any violation of the clause set forth in
paragraph (b)(1) of this section the contractor and any subcontractor
responsible theref-jr shall be liable for they unpaid wades. In addition,
such contractor and subcontractor shall be liable to the United States
(in the case of work done under contract .for tree District of Columbia or
a terri`cry, to such Di.s'rict or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, -McludA ng wdtctmen 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 ;:yet 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) shah
upon .its own action or upon written request of an authorized
representative of the Dfpartment of Labor withhold or cause to be
with hell, from any moneys payable on accri,nt of zwork performed by th e
contractor or subcc .tractor under any such contract or any other Federal
contracr 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 sum& 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. `1'he contractor or sutcontract_or shall insert_ in
any subcontracts the clauses set forth in paragraph fb){11 through {4)
Qf this secl=iGn and also a clause requiring the subcontractors to
include these c'_ s isc s in any lower tics subcontracts. The prime
cont-ract.r �h.;iil be responsible for compliance by any subcontractor or
Lower subcontractor with <:JIE? cia4.is4s Sit f:orrh in paragraphs �h) {
�•�=i�C, lirJ]C: () Ot tfiy_, section.
_'n. a,da ^.e c..,•at.ise ii^e r: asr=4r p" (b;, MI ar!;v
only to `..he Contract Xlr_,rk .burs .3.jd Sa;. ¢y Standards
Act and nct to any of Lhe other statutQ3 cited -J-ri Sec. 5.1, t?,,i-
Head olnali_ cz,d sE' !:�r !"e?aiuire tie _. ntra4ttir.g ffl :er insert a ause
i quir_n7 tY at the ccntractor or subcontra' _or shall main.Ldi .. C3'vrol_ 5
k;:ic._c > rr_ 1= , e or_:s :?;ar,.r;:3 t.he. ,: , zr s o of t,_r.. :pork a.. -a sha.! ..
F:r..-_i._m for a _ 'ricd of `:hr`t. 1fea_3r� .__^_�;?l ?..a ^�i�';:.f_;'�C_',n o '-he=
contract for all. la orers and mechanics, including guards and watchmen,
working on the contract. Such records shall contain the name and addre3s
of each such employee, social security .cumber, correct claosificcati Cris,
hourly rates of wa(jes pa-Ld, daily and Meekly n1imber of hours worked,
deductions made, and actual wages paid. Further, the Agency Head shall
cause r;z require the :-omtract inq ;rf�::e=r to insert in any su: h contract
a clause providing that the records to he main -,,gained under this
paragraph shell be ri.ade available by the cor.rractor or subccntractcr -or
inspection, copying, or tra;nsCri.pticn by authorized representatives of
the (write the name of agency) and the Department of :labor, and the
contractor or subcontractor will permit such representatives to
interview employees during working huurs or, the job.
(The information collection, .recordkeeping, and reporting rrqu.i.rements
contained in the follow-ng paragraphs of this section were appro-ved by
the Office of Management and Budget;
Paragraph
vy6 Control
Number
----------------------------------------------------------___--_---------
.............................................. 121-15-0140
!7)fl)(ii)iC).............................................. 1215-0140
................................................. 1215-0140
(a)(3)(1).................................................. .1215-0140,
1215-0017
(a)(3)(.ii)(A).............................................. 1215-0149
{�)....................................................... 1215-0140,
1215-0017
------------------------------------------------------------------------
(48 FR 19540, Apr. 29, 1983, as amended at 51 FR 12265, Npr.
9, 1996; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, June? 26, 1992; 58 FR
58955, Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR 69674, Nov. 20, 2000;
73 FR 77511-77512, De.c. 19, 2008]
Contractors Signature: Dated:
-2
Shi
Dir
Wag
Request For Wage Determination And
Response To Request
[Davis Bacon Act as Amended and Related Statusesl
U.S. Department of Labor
Empioytnent Standard$ Administration
Wage end Hour Division
FOR DEPARTMENT
Mad Your Request To:
OF LABOR USE
U.S, Department of Labor
CHECK OR UST Ctt4FT5 NEEDED
Response To Request
Employment Standards AdminlstmUcin
Wage and Hour Division
iAtlikah continuation sheet If wooded)
Use area detarmnaeon issued for
tills or.a
Branch of Construction Contract Wago Determinations
Washington. D.C. 20210
Asoestar vo leers
_ B616rm rs
Carnters
f Carpeenters
-- Cement masons
Eiect ksans
Requeslinp Officer (Typed name and wivnature)ark
(�
Lisa Kuzillar Lsa.Kuzniar(an®(f.doe,gov
Department Agency, or Bureau
Depamen! of Energy/National Frtergy Tedviology Laboratory
hone Number
30+285.4242
Date of Request
o8111t2009
FstirnMed Advertising Date
Estimated Bid Openuig Date
The atleched derision noted below
Graziers
ironworkers
rers �r
— Labo(Spedfy ceases)
Prior Decision Number !f an
l Y)
Estsmared S Value of Contract
T of Work
Type
Is applicable to this proroct
MIA
t--�
❑ Urger 1r2 Mil 01 to 5 Mil
❑ Bid, ❑ Higtnvay.
f HVAC Mechanic
Ej 112 to 1 Mil m Over is W
0 Resit. Q Heaw
Decision plumber
Address to which wage determination should be matted. (Print or type)
nLathers
�—
3610 Collins Ferry Rd.
PO Box BBB
Marble L uie setrars. tenarzo workers
o Painters
P6ediivennen
Date of Decision�—a-
} a�
Morgantown. WV 26507
Fax Number
Plaarerers
Pkanberd
Boaters
Expires
Z �U
�3 V V
3DA_285.,460
SMet ffwW warkars
Supersedes Decteion Number
0()I
L
Ste floor layers
Steamfiqers
— VValdorc-rate for craft
Truck drivers
Appiovtxi
Location of Prnrert (City, county, State, Zip Colo)
Power equipment operators
State of Texas - all counties
(�oe* ),Ifto
J Weathenntlon Waken
Description of W rk (Be specific) (Print or type)
RESIDENTIAL WEATHERIZATION CONSTRUCTION
Deane the wok to be performed. Minor repairs, batt insulation. Mown insulation, wallow & door repair and
C 1ey E e 5 en
—
O tC)r r D i V i S ion Of
a Determinations
weadrerstrppirig. air sealing; calking; replacement of windows, doors; fumacelcoa'ing maior overhaul or
replacemterit: ftnttaoelcooking tune up and repair: ekarical tape"; minor or Incidental structural repairs:
plumbing work; duct sealing and/or mpairandlorreplacement
--
_ --
OtharCraM
306-104 .P.%i a4hiea:'KA LL •U.R Oaysraeianet ti+tdid'OT6r?i>iES+ie+-27277DNt
NSN 7640-00-105-007$
S4gndard Form 300 (Rev. May 1955)
U.S. Department of Labor -29 CFR Part 1
S2009-TX-001
Issue Date: 12/11/2009
Exp. Date: 03/05/2010
TEXAS RESIDENTIAL WEATHERIZATION WAGE DETERMINATION
This project wage determination is issued in response to a request from the Department of Energy (DOE) for prevailing wage rates specific to
weatherization of residential structures as those structures are defined in the All Agency Memorandum 130 and 131. This wage determination has
application only to weatherization construction projects on existing residential structures as described in the SF 308 submitted by DOE. The primary
purpose of the project for which this wage determination is being issued is weatherization and is not for the renovation, repair, or new construction of
residential structures. All other types of residential construction projects are subject to the published general residential wage determinations for the
State of Texas found on www.wdol.eov,
General weatherization work for purposes of this wage determination is defined as minor repairs, batt insulation, blown insulation, window and door
repair, and weather stripping, solar film installation, air sealing, caulking, minor or incidental structural repairs, duct sealing, air sealing, installation of
light bulbs, and installation of smoke detectors. In Texas, the Department's recent survey determined as a matter of prevailing practice that these
duties are performed by a weatherization worker classification.
Additionally, specialty weatherization work is defined as the (1) replacement of doors and windows; (2) installation and repair of furnace/cooling
(HVAC) systems and all associated work involved with the installation of the HVAC system including electrical, pipe, and duct work. In Texas, the
Department's recent survey determined that the duties described by (1) above are performed by a Window and Door Replacement Worker, and by (2)
above are performed by an HVAC worker.
Wage payment data submitted for the State of Texas included wage data information for a weatherization crew chief classification. This classification
of worker is essentially a working foreman who performs the same tasks as the weatherization worker, but who is responsible for supervision, job
oversight, forms completion, work assignments, and quality assurance. The additional duties are not "laborer or mechanic" work as defined by the
Davis -Bacon and related Acts regulations, but are more supervisory in nature. The Department issues various classifications of workers when the
duties are defined and distinct from all other classifications of workers on the wage determination. The `laborer or mechanic" duties of the crew chief
are not sufficiently distinct to warrant the issuance of a separate classification on the wage determination. Moreover, the Department does not issue
separate wage determinations based on a worker's skill, experience or individual training. Therefore, the weatherization crew chief is not listed as a
separate classification of worker. The weatherization crew chief must be classified as a weatherization worker and paid at least the applicable wage
determination rate of the weatherization worker when performing weatherization work. There is no restriction however to paying the weatherization
crew chief more than the weatherization worker wage rate listed on the wage determination.
The rates listed on this wage determination are the minimum rates that may be paid the listed classification for the work performed. Wage rates are
based strictly on work performed and are not based on the employee's level of experience, seniority, ability, etc, There are no levels of rates far this
work. Workers performing the work described are due at least the minimum. rates listed.
S2009-TX-001
Issue Date: 12/11/2009
Exp. Date: 03/05/2010
The following is a key to the chart below. Each county in the state is listed in alphabetical order on the far left side of the chart. There are two main
columns separated by a bold line with the left column labeled Weatherization Survey Wage Determination and the right column labeled Existing
Residential Wave Determination.
The three classifications listed under the Weatherization Survey Wage Determination column are the classifications and rates determined to be
prevailing for weatherization work and are based on wage data submitted in response to the weatherization survey. Weatherization work, as well as
the specific duties that may be performed by these three classifications, is defined on this project decision. The rate information under each
classification is the basic hourly rate and fringe benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed
under the classification column, usually the HVAC Worker, then there was no data or insufficient data from which to establish a rate and/or fringe
benefit for that classification. If the work performed by that classification is needed for the project, then an additional classification request
(conformance) must be made. NOTE: Classifications and rates listed under the Existing Residential Wage Determination Column may not be used
for unlisted classifications/work in the Weatherization Survey Wage Determination column. See below for the procedure for requesting additional
classifications and the form to request these classifications.
The classifications listed under the Existing Residential Wage Determination column are those classifications and rates currently published as
prevailing on the residential general wage determinations. These wage determinations may be found at w-Aw. wdol . goy. The classifications and rates
listed under the Existing Residential Wage Determination column may be used on weatherization projects only in those situations where the work is
different than that described for the three classifications listed under the Weatherization Survey Column. For example, when an electrician is
needed to perform electrical work not associated with the installation, repair, or overhaul of furnace or cooling equipment, then the existing electrician
classification and rate listed under this column may be used for that work. The rate information under each classification is the basic hourly rate and a
fringe benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed under the classification column, then
there was no data or insufficient data from which to establish a rate and/or fringe benefit for that classification. If that unlisted classification is needed
for the project, then a request for an additional classification (conformance) should be made. See below for the procedure for requesting additional
classifications and the form to request these classifications.
Any unlisted classifications and rates (conformances) needed for work not listed on the chart below may be added after award only as provided in the
labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The procedure for requesting approval of an unlisted classification and rate (conformance) as
well as a "pdf ' copy of the form (SF Form 1444) may be found at http.//www.dol.gov/esa/whd/recovery/. The SF Form 1444 may be sent to the
Department electronically, by facsimile, or by mail. Electronic submissions should be sent to 09WeatherizationSurveyCdol,2ov. Facsimile
submissions should be sent to (202) 693-1432. Mailed farms should be sent to the address listed in Block 1 of the SF Form 1444. Any SF Form 1444
submitted for weatherization projects should be marked as being for weatherization projects and the project decision being used for the project should
also be submitted with the SF Form 1444.
S 2009-TX-001
Issue Date: 12/11/2009
Exp. Date 03/05/2010
Weatherization Survey Wage Determination
Existing Residential Wa,
S2009-TX-001
www.wdol.
Electrician
Carpenter
(Excludes electric
(Excludes Door
work associated
& Window
with HVAC
HVAC, Furnace,
Replacement,
installation,
Doors &
Heating & Cooling
and work listed
overhaul, and wo
Windows
Repair, Installation,
as performed by
listed as perform€
Weatherization
Replacement
Replacement
weatherization
by weatherization
Counties
Worker
Worker
Worker
worker)
worker
Anderson
$12.00+.46
$12.00+.46
$12.00
$12.92
$15
Andrews
$10.00
$11.00
$10.50
$11.26
$15
An elina
$12.00+.46
$12.00+.46
$12.00
$12.92
$15
Aransas
$8.00+.52
$8.00+.52
$12.00
$9.90
$8.50+1.5E
Archer
$10.00
$10.00
$13.00+.25
$12.40
$21.84+3.75%+7
Armstronq
$15.63
$15.63
$15.00+.29
$23.71+7.96
$13
Atascosa
$8.84+.54
$10.00
$10.50
$7.25
$9
Austin
$14.00
$14.00
$18.25+2.19
$7.25
$7
Bailey
$10.00
$10.00
$13.00+.25
$8.25
$15
Bandera
$8.44+.54
$10.00
$10.50
$7.25
$ 7.25+3.5%+C
Weatherization Survey Wage Determination
S2009•TX-001
Existing Residential Wage Determination
www.wdol. ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Page 3)
Electrician
(Description of
Work, Page 3)
Plumber
(Description of Work,
Pa e 3
Bastrop
$14.00
$14.00
$18.25+2,19
$7.265
$7.50
$7.50
Saylor
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Bee
$11.65+.58
$11.65+.58
$18.75
$11.26
$15.99
$20.00
Bell
$12.00+.46
$12.00+.46
$12.00
$7.87
$7.79
$7.89
Bexar
$8.84+.54
$10.00
$10.50
$T25
$9.66
$7.70
Blanco
$12.00+.46
$12.00+A6
$12.00
$11.26
$15.99
$20.00
Borden
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
Bos ue
$12.00+.46
$12.00+A6
$12.00
$10,86
$15.99
S20.00
Bowie
$12.50
$12.50
$15.00+.29
$7.38
$8.26
$7.555
Brazoria
$8,00+.52
$8.00+.52
$18.25+2.19
511.84+1.41
$17.05+6.32
$17.49+1.15
Brazos
$12.00+.46
$12.00+.46
$12.00
$8.30
$9.95
$9.45
Brewster
$10.00
$11.0o
$10.50
$11.26
$15,99
$20.00
Briscoe
$15,63
$15.63
$18.75
$8.25
$15.99
$20.00
LBrooks
$8.84+.54
$10.00
$10.50
$11.26
$15.99
$20.00
Weatherization Survey Wage Determination
S20WO-TX-001
Existing ResidentL
www.
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, installation,
Replacement
Worker
Carpenter
(Description of
Work, Page 3)
Electrician
(Descriptior
Work, Page
Brown
$10.00
$10.00
$13.00+.25
$11.26
Burleson
$12.00+,46
$12.00+.46
$12.00
$7.25
Burnet
$12.00+.46
$12.00+.46
$12.00
$11.26
Caldwell
$14.00
$14.00
$18.25+2.19
$7.265
Calhoun
$8.00+.52
$8.00+.52
$12.00
$11.65+2.42
$
Callahan
$13.50
$1350
$13.00+.25
$12.40
$19.13+4.2
Cameron
$7.50
$9.00
$12.00
$7.25
Cam
$12.00+.46
$12.00+.46
$12.00
$10.86
Carson
$15.63
$15,63
$15.00+.29
$23.71+7.97
Cass
$12.00+.46
$12,00+.46
$12.00
$10.86
Castro
$15.63
$15.63
$1&75
$8.25
Chambers
$15.24
$23.00
$18.25+2.19
$11.84+1.41
$17
Cherokee
$12.00+.46
$12.00+.46
$12.00
$10.86
Childress
$15.63
$15.63
$18.75
$8.25
Weatherization Survey Wage Determination
52009-TX-001
Existing Residential Wage Determination
www.wdol ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Page 3)
Electrician
(Description of
Work, Page 3)
t
Plumber i
(Description of Work,
Pa e 3
Clay
$10.00 1
$10.00
$13.00+.25
$12A0
$21.84+3.75%+7.40
$15.50+2.00
Cochran
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Coke
$12.00+.46
$12.00+.46
$12.00
$11.26
$15.99
i
$20.00
Coleman
$12.00+.46
$12.00+.46
$12.00
$11.26
$15.99
$20.00
Collin
$12.50
$12.50
$15.00+.29
$9.283
S10.415
$11.569
Collin sworn
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Colorado
$14.00
$14.00
$15.00
$11.26
$15.99
$20.00
Comal
$8.84+.54
$10.00
$10.50
$7.25
$9.66
1
$7.70
Comanche
$12.00+.46
$12.00+.46
$12M
$11.26
$15.99
$20.00
Concha
$12.00+.46
$12.00+.46
$12.00
$11.26
$15.99
$20.00
Cooke
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
S20.00
Co ell
$12.00+.46
$12.00+.46
$12.00
$7.87
$7.79
$7.89
Cottle
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Crane
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
Weatherization Survey Wage Determination
52009-TX-001
Existing Residential Wage Determination
www.wdol. o�
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Page 3)
Electrician
(Description of
Work, Pa e 3
Plumber
(Description of Work,
Pa e 3
Crockett
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
Crosby
$10.00
$10.00
$15.00+.29
$11.76
$18.78
$15.50+2.00
Culberson
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
Dallam
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Dallas
$12.50
$12.50
$15.00+.29
$9.283
$10.415
$11,569
Dawson
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
De Witt
$8.00+.52
S8.00+.52
$15.00
$11.26
$15.99
$20.00
Deaf Smith
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Delta
$12.50
$12.50
$15.00+,29
$7.38
$8.26
$7.555
Denton
$12.50
$12.50
$15.00+.29
$9.283
$10.415
$11.569
Dickens
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Dimmit
$8.84+.54
$10.00
$10.50
$11.26
$15.99
$20.00
Donley
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Duval
$8.84+.54
$10.00
$10.50
$11.26
$15.99
S20.00
Weatherizat ion Survey Wage Determination
52009-7X-001
Existing Residential Wage Determination
www.wdol. ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Pa e 3)
Electrician
(Description of
Work, Page 3)
i
plumber
(Description of Work,
Page 3
Eastland
$10.00
$10.00
$13.00+.25
$11.26
$15,99
$20.00
Ector
$10.00
$11.00
$12.00
S12.40
$16.70+3,50%+3.20
$15.50+2.01
Edwards
$10.00
$11,00
$10.50
$11.26
$15.99
$20.00
El Paso
$7.50
$9.00
$12.00
$7.25
$7.25
$7.25
Ellis
$12.50
$12.50
$15.00+.29
$9.283
$10.415
$11.569
Erath
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Falls
$12.00+.46
$12.00+.46
$12.00
$12.92
$15.99
$20.00
Fannin
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Fayette
$14,00
$14.00
$18.75
$11.26
$15.99
$20.00
Fisher
$10.00
$11.00
$13.00+.25
$11.26
S15.99
$20.00
Floyd
$10.00
$10.00
$13.00+.25
$8,25
$15.99
$20.00
Foard
$10.00
$10.00
$1300+.25
$8.25
$15.99
S20.00
Fort Bend
$10.93+.60
$20.00
$18.25+2.19
$11.59+1,41
$14.81
$17.49+1.15
Franklin
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Weatherization Survey Wage Determination
52009-TX-001
Existing Residential Wage Determination
www.wdol. ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Pa e 3)
Electrician
(Description of
Work, Page 3)
Plumber
(Description of Work,
Page 3
Freestone
$12.00+_46
$12.00+.46
$12.00
$12.92
$15.99 1
$20.00
Frio
$8.B4+.54
$10.00
$10.50
$11.26
$15.99
$20.00
Gaines
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
Galveston
$10.93+.60
$20.00
$18.25+2.19
$11.03+1.41
$14.00
$16.84+1.09
Garza
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Guadaiu a
$8.84+.54
$10.00
$10.50
$7.25
$9.66
$7.70
Gillespie
$8.84+.54
$10.00
$10.50
$11.26
$15.99
$20.00
Glasscock
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
Goiiad
$8.00+.52
$&00+.52
$12.00
$9.90
$8.50+1.58+a
$8.50+1.58+a
Gonzales
$8.00+.52
$&00+.52
$18.75
$11.26
$15.99
$20.00
Gray_$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Grayson
$14.31
$14.31
$13.00
$7.25
$9.66
$7.70 1
Gregg$12.50
$12.50
$15.00+.29
$8.00
$8.50
$7.875
Grimes
$12.00+.46
$12.00+.46
$12.00
$12.92
$15.99
$20.091
Weatherization Survey Wage Determination
52009-TX-001
Existing Residential Wage Determination
www.wdol. ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Pa e 3)
Electrician
(Description of
Work, Page 3)
Plumber
(Description of Work,
Pa e 3
Hale
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Hall
$15,63
$15.63
$18.75
$8.25
$15,99
$20.00
Hamilton
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Hansford
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Hardernan
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Hardin
$20.70
$23.00
$18,25+2.19
$14.45
$12,50
$13.32
$ 25.67+11.32
Harris
$10.93+.60
$20.00
$18.25+2.19
$12.06+1.41
$17.05+6.32
$17.96+1.15
Harrison
$12,00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Hartley
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Haskell
$10.00+.31
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Has
$14.00
$14.00
$18.25+2.19
$7.265
$7.50
$7.50
Hemphill
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Henderson
$12.00+.46
$12.00+,46
$12.00
$10.86
$15.99
$20.00
Hidalgo
$7.50
$9.00
$12.00
$7.25
$8.30
$7.25
$8.20
Weatherization Survey Wage Determination
S2009-TX-001
Existing Residential Wage Determination
www.wdol. ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Pa e 3)
Electrician
(Description of
Work, Page 3)
Plumber
(Description of Work,
Pa e 3
Hill
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Hockiey
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Hood
$12.00+.46
$12.00+.46
$12.00
$10.86
$15-99
$20.00
Hopkins
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Houston
$12.00+.46
$12.00+.46
$12.00
$12.92
$15.99
$20.00
Howard
$10.00
$11.00
$10,50
$11.26
$15.99
$20.00
Hudspeth
$10,00
$11.00
$10.50
$11.26
$15.99
$20.00
Hunt
$12.50
$12.50
$15.00+.29
$7.25
$9.66
$7.70
Hutchinson
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Irion
$10.00
$11.00
$12.00
$12.40
$18.30+4.70
$15.50+2.00
Jack
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Jackson
$8.001.52
$8.00+.52
$15.00
$11.26
$15.99
$20.00
Jasper
$12.00+.46
$12.00+.46
$12.00
$12.92
$15.99
$20.00
Jeff Davis
$10.00
$11.00
$10.50
1 $11.26
$15.99
$20.00
Weatherization Survey Wage Determination
S2009-TX-001
Existing Residential Wage Determination
www.wdol. orr
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Page 3)
Electrician
(Description of
Work, Page 3)
Plumber
(Description of Work,
_page 3
Jefferson
$18.00
$23.00
$18.25+2.19
$14.45
$12.50
$13.32
$ 25.67+11.32
Jim Ho
$8.84+.54
$10.00
$10.50
$11.26
$15,99
$20.00
Jim Wells
$8.00+.52
$8.00+.52
$15.00
$11.26
$15.99
$20.00
Johnson
$14.31
$14.31
$13.00
$9.315
$10.214
$10.667
Jones
$10.00
$10.00
$13.00+.25
$12.40
$19.13+4.25%+5.93
$15.50+2.00
Karnes
$8.841-.54
$10.00
$10.50
$11.26
$15.99
$20.00
Kaufman
$12.50
$12.50
$15.00+.29
$9.283
$10.415
$11.569
Kendall
$8.84+.54
$10.00
$10.50
$7.25
$9.66
$7.70
Kenedy
$8.84+.54
$10.00
$10.50
$11.26
$15.99
$20.00
Kent
$11.09+.31
$10.75
$13.00+.25
$8.25
$15.99
$20.00
Kerr
$8.84+.54
$10.00
$10.50
$11.26
$15.99
$20.00
Kimble
$12.00+.46
$12.00+.46
$12.00
$11.26
$15.99
$20.00
Kin
$10.00
$10.00
$13.00+.25
$8.25
$15-99
$20.00
Kinney
$8.84+.54
$10.00
$10.50
$11.26
$15.99
$20.00
12
Weatherization Survey Wage Determination
52009-TX-001
Existing Residential Wage Determination
www.wdol, ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Pa e 3)
Electrician
(Description of
Work, Page 3
Plumber
(Description of Work,
Page 3
Kleber
$8.00+.52
$8.00+.52
$15,00
$11.26
$15.99
$20M
Knox
$10.00
$10.00
$13,00+.25
$8.25
$15.99
i
$20,00
Lamar
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Lamb
$10.00
$10.00
$13.00+25
$8.25
$15.99
$20.00
Lampasas
$12.00+.46
$12.00+.46
$12.00
$7.87
$7.79
$7,89
LaSalle
$8.84+.54
$10.00
$10.50
$11.26
$15.99
$20.00
Lavaca
$8.00+.52
$8.00+.52
$15.00
$11.26
$15.99
$20.00
Lee
$12.00+.46
$12.00+.46
$12.00
$12.92
$15.99
$20.00
Leon
$12.00+.46
$12.00+.46
$12.00
$12.92
$15.99
$20.00
Liberty
$18.00
$18.00
$18.25+2.19
$11.84+1.41
$17.05+6.32
$17.49+1.15
Limestone
$12.00+.46
$12.00+.46
$12.00
$12.92
$15.99
S20.00
Lipscomb
$15.63
$15.63
$18.75
$8.25
515.99
$20.00
Live Oak
$11,65+.58
$11.65+.58
$18.75
$11.26
$15.99
$20.00
Llano
$12.00+.46
$12A0+.46
$12.00
$11.26
$15.99
$20.00
13
Weatherization Survey Wage Determination
52009-TX-001
Existing Resident
wvn
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Page 3)
Electrlc4
(Descriptic
Work, Pac
Loving
$10.00
$11.00
$10M
$11.26
Lubbock
$10.00
$10.00
$15.00+.29
$11.76
Lynn
$10.00
$10.00
$13.00+.25
$8.25
Madison
$12.00+.46
$12.00+.46
$12.00
$12.92
Marion
$12.00+A6
$12.00+.46
$12.00
$10.86
Martin
$10.00
$11.00
$10.50
$11.26
Mason
$12.00+.46
$12.00+A6
$12.00
$11.26
Matagorda
$8.00+.52
$8.00+.52
$15.00
$11.26
Maverick
$8.84+.54
$10.00
$10.50
$11.26
McCulloch
$12.00+.46
$12.00+.46
$12.00
$11.26
McLennan
$12.00+.46
$12.00+.46
$12.00
$7.87
McMullen
$8.84+.54
$10.00
$10.50
$11.26
Medina
$8.84+.54
$10.00
$10.50
$7.25
Menard
$12.00+.46
$12.00+.46
$12.00
$11.26
Weatherization Survey Wage Determination
S2009-TX-001
Existing Residential Wage Determination
www.wdol. ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Pa e 3
Electrician
(Description of
Work, Page 3)
Plumber
(Description of Work,
Pa e 3
Midland
$10.00
$11.00
$15.00+.29
$12.40
$18.78
$15.50+2.00
Milam
$12.00+.46
$12.00+.46
$12.00
$12.92
$15.99
$20.00
Mills
$12.00+.46
$12.00+.46
$12.00
$11.26
$15.99
$20.00
Mitchell
$10.00
$11.00
$12.00
$11.26
$15.99
$20.00
Montague
$12.00+.46
$12.00+A6
$12.00
$10.86
$15.99
$20.00
Montgomery
$10.93+.63
$20.00
$18.25+2.19
$11.66+1.41
$11.35
$14.47+1.09 �
Moore
$15.63
$15.63
$18.75
$8.25
$15.99
i
$20.00
Morris
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20,00
Motley
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Nacogdoches
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Navarro
$12.00+.46
$12.00+,46
$12.00
$10.00
$15.99
$20.00
Newton
$12.00+.46
$12.00+.46
$12..00
$12.92
515.99
$20.00
Nolan
$10.00
$11.00
$12.00
$11.26
$15.99
$20.001
Nueces
$8.00+.52
$8,00+.52
$19.00+1.92
$7.25
$12.53+3.75%+0.60
$7.25
15
Weather'ization Survey Wage Determination
52009-TX-001
Existing Residential Wage Determination
www.wdol. ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Page 3)
Electrician
(Description of
Work, Pa e 3)
Plumber
(Description of Work,
Page 3
Ochiltree
$15.63
$15.63
$18.75
$8.25
$16.99
$20,00
Oldham
$15.63
$15.63
$18.75
58.25
$15.99
$20.00
Orange
$20.25
$23,00
$18.25+2.19
$14.45
$12,50
$13.32
$ 25.67+11.32
Pala Pinto
$12.00+.46
$12.00+.46
$12,00
$10.86
$15.99
$20.00
Panola
$12.00+,46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Parker
$14.31
$14.31
$13.00
$9.315
$10.214
$10.687
Parmer
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Pecos
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
Polk
$12.00+.46
$12.00+.46
$12.00
$12.92
$15.99
$20,00
Potter
$15.63
$15.63
$15.00+.29
$23.71+7.98
$13.39
$15.50+2.00
Presidio
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
Rains
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Randall
$15.63
$15.63
$15.00+.29
$23.71+7,99
$13.39
$15.50+2.00
Reagan
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
fuel,
Weatherization Survey Wage Determination
S2009-TX-001
Existing Residential Wage Determination
www.wdol. ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Pa e 3)
Electrician
(Description of
Work, Page 3)
Plumber
(Description of Work,
Page 3
Real
$12.00+.46
$12.00+.46
$12.00
$11.26
$15.99
$20.00
Red River
$12.00+.46
$12.00+0.46
$12.00
$10.86
$15.99
$20.00
Reeves
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
Refu io
$11.65+.58
$11.65+.58
$18.75
$11.26
$15.99
$20.00
Roberts
$15.63
$15.63
$18.75
$11.26
$15.99
$20.00
Robertson
$12.00+.46
$12.00+0.46
$12.00
$8.25
$15.99
$20.00I
Rockwall
$12.50
$12.50
$15.00+0.29
$7.87
$7,79
$7.89
Runnels
$12.00+.46
$12.00+0.46
$12.00
$9.283
$10.415
$11.569
Rusk
$12.50
$12.50
$15.00+.29
$11.26
$15.99
$20.00
Sabine
$12.00+.46
$12.00+.46
$12.00
$8.00
$9.48
98.00
San Augustine
$12.00+.46
$12.00+.46
$12.00
$12.92
$15.99
$20.00
San Jacinto
$10.93+.60
$20.00
$1825+2.19
$12.92
1
$15.99
$20.00
San Patricia
$8.00+.52
$8.00+.52
$12.00
$8.00
$9.48
$8.00
San Saba
$12.00+.46
$12.00+.46
$12.00
$7.25
$12.53+0.60+3.75%
$7.25
17
Weatherization Survey Wage Determination
$2009-TX-001
Existing Residential Wagq
www.wdoi. i
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
ideating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Page 3)
Electrician
(Description of
Work, Page 3
Schackleford
$12.00+.46
$12.00+0.46
$12.00
$11.26
$15.9
Schleicher
$12.00+.46
$12.00+0.46
$12,00
$11.26
$15.9
Scurry
$10.00
$11.00
$12.00
$11.26
$15.9
Shelby
$12,00+.46
$12.00+0.46
$12.00
$11.26
$15.9
Sherman
$15.63
$15.63
$18.75
$11.26
$15.9
Smith
$12.50
$12.50
$15.00+.29
$12.92
$15.9
Somervell
$12.00+.46
$12.00+0.46
$12.00
$8.25
$15.9
Starr
$8.84+.54
$10.00
$10.50
$8.00
ME
Stephens
$11.09+.31
$10.75
$13.00+0.25
$10,86
$15.e
Sterling
$12.00+.46
$12.00+0.46
$12.00
$11.26
$15.�
Stonewall
$10.00
$10.00
$13.00+0.25
$11.26
$15.S
Sutton
$10.00
$11.00
$10.50
$11.26
$15.�
Swisher
$15.63
$15.63
$18.75
$11.26
$15.�
Tarrant
$14.31
$14.31
$13.00
$8.25
$15.<
Weatherization Survey Wage Determination
S2009-TX-001
Existing Residential Wage Determination
www.wdol. ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Page 3)
Electrician
(Description of
Work, Pace 3)
Plumber
(Description of Work,
Pa e 3
Taylor
$10.00
$10.00
$13.00+0.25
$11.26
$15.99
$20.00
Terrell
$10.00
$11.00
$10.50
$8.25
$15.99
$20.00
Ter
$10.00
$10.00
$13.00+0.25
$9.315
$10.214
$10.687
Throckmorton
$10.00
$10.00
$13.00+0.25
$12.40
$19.13+5.93+4.25%
$15.50+2.00
Titus
$12.00+.46
$12.00+0.46
$12.00
$11.26
$15.99
$20.00
Tom Green
$10.00
$11.00
$12.00
$8,25
$15.99
$20.00
Travis
$14.00
$14.00
$18.25+2.19
$8.25
$15.99
$20.00
Trinity
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Tyler
$12.00+.46
$12.00+.46
$12.00
$12.40
$18,30+4.70
$15.50+2.00
U shur
$12.50
$12.50
$15.00+.29
$7,265
$7.50
$7,50
Upton
$10.00
$11.00
$10.50
$12,92
$15.99
$20.00
Uvalde
$8.84+.54
$10,00
$10.50
$12.92
$15.99
$20.00
Val Verde
$10.00
$11.00
$10.50
$8.00
$8.50
$7.875
Van Zandt
$12.00+.46
$12.00+0.46
$12.00
$11.26
$15,99
$20.00
19
Weatherization Survey Wage Determination
S2009-7X-001
Existing Residential Wage Determination
www.wdol.ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Page 3)
Electrician
(Description of
Work, Pa e 3
Plumber
(Description of Work,
Page 3
Victoria
$8.00+.52
$8.00+.52
$12.00
$11.26
$15.99
$20.00
Walker
$12.00+.46
$12.00+.46
$12.00
$11.26
$15.99
$20.00
Waller
$10.93+.60
$20.00
$18.25+2.19
$10.86
$15.99
$20.00
Ward
$10.00
$11.00
$10.50
$7.25
$7.31
$8.01
Washington
$12.00+.46
12.00+.46
$12.00
$12.92
$15.99
$20.00
Webb
$7.50
$9.00
$12.00
$12.92
$15.99
$20.00
Wharton
$8.00+.52
$8.00+.52
$15.00
$11.84+1.41
$17.05+6.32
$17.49+1.15
Wheeler
S15.63
$15.63
$18.75
$11.26
$15.99
$20.00
Wichita
$10.00
$10.00
$13.00+0.25
$12.92
$15.99
$20.00
Wilbar er
$10.00
$10.00
$13.00+0.25
$7.25
$ 7.25+3.5%+0.20
S7.25
Willacy
$7.50
$9.00
$10.50
$11.26
$15.99
$20.00
Williamson
$12.00+.46
$12.00+.46
12M
$11.26
$15.99
$20.00
Wilson
$8.87+.54
$10.00
$10.50
$8.25
$15.99
S20.00
Winkler
$10.00
$11.00
$10.50
$12.40
$21.84+3.75%+7.40
$15.50+2.00
20
Weatherization Survey Wage Determination
S2009-TX-001
Existing Residential Wage Determination
www.wdol. ov
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Pa e 3)
Electrician
(Description of
Work, Pa e 3)
Plumber
(Description of Work,
Page 3
Wise
$14.31
$14.31
$13.00
$8.25
$15.99
$20.00
Wood
$12.00+.46
$12.00+0.46
$12.00
$11.26
$15.99
$20.00
Yoakum
$10.00
$10.00
$13.00+0.25
$11.26
$15.99
$20.00
Yours
$10.00
$10.00
$13.00+0.25
$7.265
$7.50
$7.50
Zapata
$8.84+.54
$10.00
$10.50
$7.25
$7.31
$8.01
Zavala
$8.84+.54
$10.00
$10.50
$11.26
$15.99
$20.00
21