HomeMy WebLinkAboutResolution - 2011-R0487 - Contract - Barajas Construction - WAP, CEAP - 11_03_2011Resolution No. 2011—RO487
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. 10446 for the
Weatherization Assistance Program (WAP) and Comprehensive Energy Assistance
Program (CEAP), by and between the City of Lubbock and Barajas Construction, 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
ATTEST:
P-a�� , 'Qk
Reb ca Garza, City Secretary
APPROVED AS TO CONTENT:
Quincy "e, Assistant City Manager
APPROVED AS TO FORM:
-� XIZ-4�
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-Barajas Construction
September 22, 2011
November 3, 2011
TOM MARTIN, MAYOR
Contract # 10446
Resolution No. 2011—RO487
SERVICES AGREEMENT
This Services Agreement (this "Agreement") is entered into as of the 3rd day
of November 2011 ("Effective Date") by and between Barajas Construction , 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.
4
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and
their respective heirs, representatives and successors and may be assigned by
Contractor or the City to any successor only on the written approval of the other
Ply
2.8 All claims, disputes, and other matters in question between the Parties arising out
of or relating to this Agreement or the breach thereof, shall be formally discussed
and negotiated between the Parties for resolution. In the event that the Parties are
unable to resolve the claims, disputes, or other matters in question within thirty
(30) days of written notification from the aggrieved Party to the other Party, the
aggrieved Party shall be free to pursue all remedies available at law or in equity.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
City of Lubbock, Texas
G/
By:
Tom Martin, Mayor A
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Quincy Whitassistant City Manager
APPROVED AS TO FORM:
Assistant City Attorney
3
EXHIBIT A
Weatherization Assistance Program (WAP)
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 (LEAP) and the Weatherization Assistance (WAP) and
the American Recovery and Reinvestment Act (ARRA) requirements.
For CEAP this would require repair, replacement or retrofitting of appliances such as but not
limited to heating system, cooling system, window air conditioning units, HVAC systems and water
heaters.
For WAP this would require installation of weatherization efficiency measures and would require
repair, replacement or retrofitting of appliances such as but not limited to heating system, cooling
system, window air conditioning units and HVAC systems and water heaters. Installation of energy
efficiency measures and appliance repair, replacement or retrofitting must conform to State
requirements as outlined in the Comprehensive Energy Assistance Program (LEAP) and
Weatherization Assistance Program (WAP).
The City of Lubbock in implementing the programs will be repairing, retrofitting or replacing older
less efficient units with new units that improve the energy efficiency. Homes will also receive
energy efficiency measures to improve energy usage and efficiency.
The City estimates there will be in the range of 200 CEAP cases per year completed more or less
and in the range of 300 WAP cases completed in the next year more or less.
The City estimates awarding multiple contracts to perform home energy efficiency measures in
accordance with the State Comprehensive Energy Assistance Program (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 line item fees.
2 GENERAL REQUIREMENT
2.1 Contractor shall furnish all documentation, reports, services, supervision, labor, personnel,
quality control, technicians, tools, equipment, products, parts, supplies, material, and pay the
cost of all fees, insurance, and permits.
2.2 Contractor shall comply with the US Department of Energy and Texas Department of
Housing and Community Affairs (TDHCA) required contract provisions.
2.3 Unless otherwise specified, all parts, materials, supplies or equipment offered by a Contractor
shall be new, unused in any regard and of most current design. Used shopworn demonstrator,
prototype or discontinued models are not acceptable. Seconds or flawed items will not be
acceptable. All parts, materials, supplies or equipment shall be suitable for their intended
purpose and, unless otherwise specified. All parts (including replacements), materials,
supplies and equipment shall be of the highest quality and must conform to any related state,
municipal or federal standard and be consistent with standard commercial practices.
2.4 A RE -INSPECTION FEE ($100) will be applied after the original "Punch List" inspection (1-
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 WORD
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 WORD PRACTICES
A. Use safe work practices (OSHA regulations) according the house built that will be
identified as work orders are issued.
4. CONTRACT TERMS & CONDITIONS
4.1 The CEAP, WAP and ARRA program will start from award date by City Council. Flat rate fee
shall be firm for a period for one (1) year, said date of term beginning upon City Council date of
formal approval. The City and the Contractor(s) may, upon written mutual consent extend the
contract for an additional year or until funding has been exhausted. Funding of the contract is
subject to the availability of funding.
4.2 The rates may be adjusted upward or downward at this time at a percentage not to exceed the
effective change in Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most
appropriate for the specific contract for the previous 12-months at the City's discretion, the
effective change rate shall be based on either the local or national index average rage for all
items. If agreement cannot be reached, the contract is terminated at the end of the current contract
period.
4.3 Contractor at all times shall be an independent contractor. The Contractor shall be fully
responsible for all acts and omissions of its employees, subcontractors, and their suppliers,
and shall be specifically responsible for sufficient supervision and inspection to insure
compliance in every respect with the contract requirements.
EXHIBIT B
Weatherization Assistance WAP and CEAP Program
RFP-11-10269-MA
REQUIRED CONTRACT PROVISIONS
The following contract provisions or conditions are required by Texas Department of Housing and
Community Affairs (TDHCA) on all procurement contracts and subcontracts for the
Weatherization Assistance Program
1. Administrative, Contractual or Legal Remedies
In instances where the Contractor violates or breach this Contract the City may apply
administrative, contractual, or legal remedies. The City may suspend all activities temporarily
pending either corrective action by the Contractor or a decision by the City to terminate this
contract.
II. Suspension or Termination
City may terminate this contract, in whole or in part, at any time City determines that there is
cause for termination including but not limited to the following circumstances:
I. 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. Reportine and Patent Rights
Contractor shall abide by all requirements and regulations pertaining to the reporting and patent
rights involving research, developmental, experimental or dernunstration work, with respect to any
discovery or invention which arises or is developed in the course of satisfying the terms of this
agreement.
VI. Indemnity and Release
Contractor shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and
City's respective officers, employees, elected officials and agents, from and against any and all
EXHIBIT B
Weatherization Assistance WAP and CEAP Program
RFP-11-10269-MA
losses, damages, claims or liabilities, of any kind or nature, which arise directly or indirectly, or
are related to, in any way, manner of form, the activities contemplated hereunder,
VII. Conflict of Interest and Nepotism.
Contractor covenants that neither it nor any member of its governing body presently has any
interest or shall acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of this contract. Contractor further covenants that in the performance
of this contract no person having such interest shall be employed or appointed by contactor.
No person (1) Who is an employee, agent, consultant, officer, or official of the contractor and who
exercises or has exercised any functions or responsibilities with respect to assisted contract
activities; or (2) Who is in a position to participate in a decision making process or gains inside
information with regard to such activities, may obtain a personal or financial interest or benefit,
direct or indirect, in any contract, subcontract, or agreement with respect thereto, or the proceeds
there under, either for themselves or those with whom they have familiar or business ties, during
their tenure.
Contractor's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or
anything of monetary value from subcontractors, or potential subcontractors.
VIII. Sectarian Activity
Contractor shall ensure that no funds under this contract are used, either directly or indirectly, in
the support of any religious or anti- religious activity, worship or instruction.
XI. Prohibit Political Activity and Lobbvin
None of the funds provided under this contract shall be used for influencing the outcome of any
election, or the passage or defeat of any legislative measure. This prohibition shall not be
construed to prevent any official or employee of Contractor from furnishing to any member of it's
governing body upon request, or to any other local or official not considered under law to be
confidential information. Any action taken against an employee or official for supplying such
information shall subject the person initiating the action to immediate dismissal from employment.
No funds provided under this Contract may be used directly or indirectly to hire employees or in
any other way fun or support candidates for the legislative, executive, or judicial branches of
government of Contractor, the State of Texas, or the government of the United States.
None of the funds provided under this contract 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. Legal Authority
Contractor represents that it posses the practical ability and the legal authority to enter into this
contract, receive and manage the funds authorized by this contract, and to perform the services
Contractor has obligated itself to perform under this contract.
The person signing this contract on behalf of contractor hereby warrants that he/she has been
authorized by Contractor to execute this contract on behalf of Contractor and to bind contractor to
all terms herein set forth.
XV. Access to Records
The Contractor shall furnish and cause each of its subcontractors to furnish all information and
reports required hereunder and will permit access to its books, records and accounts by the City,
State or its agent, or other authorized Federal officials for purposes of investigation to ascertain
compliance with the rules, regulations and revisions stated herein.
XVL 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.
of all State and audit findings whichever occurs later.
XV. Clean Air and Clean Water Act
The Grantee agrees to comply with the following requirements insofar as they apply to the performance
of this contract. Clean Air Act, 42 U.S.C., 701, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251., as amended, 1318 relating to
inspection, monitoring, entry, reports and information, as well as other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued thereunder.
Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended.
XVI. Non-discrimination
No person shall, on the ground of race, color, national origin, or sex be excluded form participation in,
be denied from the benefits of, or be subjected to discrimination under any program or activity funded
in whole or in part with funds made available under the contract.
Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1990,
or with respect to an otherwise qualified disabled individual as provided in section 04 of the
Rehabilitation Act of 1973, shall also comply to any such program or activity.
Contractors Signature:
Dated.-/C - / Y tl
EXHIBIT C
Weatherization Assistance (WAP) and LEAP Program
RFP 11-10269-MA
11. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a
completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind
the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which
shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL
HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during
the effective period of the contract and to require adjustment of insurance coverages and their limits
when deemed necessary and prudent by the City based upon changes in statutory law, court decisions,
or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as
are approved by the City, the Contractor shall obtain and maintain in full force and effect for the
duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written by companies approved by the State of Texas and acceptable to the City, in the following
type(s) and amount(s):
TYPE
AMOUNT
1. Commercial General Liability insurance including coverage for the following:
a. Products/completed operations
b. Contractual liability
2. Automobile Liability
a. Any auto
Combined single limit for
bodily injury and property
damage of $ 100,000 per
occurrence or its equivalent.
Combined single of $100,000 per occurrence
The City of Lubbock shall be named primary additional insured on Auto/General Liability.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all
endorsements thereto and may make any reasonable request for deletion, revision, or modification of
particular policy terms, conditions, limitations, or exclusions (except where policy provisions are
established by law or regulation binding upon either of the parties hereto or the underwriter of any of
such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to
accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees,
and elected representatives for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care
together with the indemnification provision, shall be underwritten by contractual liability
coverage sufficient to include such obligations within applicable policies.
£ All copies of the Certificates of Insurance shall reference the project name or bid number for
which the insurance is being supplied.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices
not less than 30 days prior the change, which notice must be accompanied by a replacement
CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by
the Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of
liability by the insurance company exonerate the Contractor from liability.
Exhibit E
1 emplate: FA -Special Terms and Conditions
8-20-2009 FINAL (APPROVED BY DOL')
FA-TC-M50
i:.:: ri fii :iu:ic° i•cr �Fi .� ;:_ :res; lii i '.�,i ZATF f2EQL;IR€NIENTS UNDER SECTION i606
:Lid;::• (:;' E ;, ,,, r_. v!€NI:`,k.. . 'RE-0% ERY aCT'Clausesarurcquircd.
:.J L 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;
(1) 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 Act.
(2) "Construction. alteration or repair" means all types of work done by laborers and
mechanics employed by the Subrecipient construction contractor or construction
subcontractor on 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;
lb) Puintinr.3 and decorating; or
tc? 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.
.l Contracrirg Cflficer means the DOE official authorized to execute awards on behalf of DOE
and who is responsible for the business management and non -program aspects of the
financial assistance process.
•.i iitt'y illut +?flier: Erlty` a :_tjiitract. f ar J:ita f;fj•;e3 Ut t`iese i.t:iU]t:i,
i ,;ntr,_ttrr shall include ub.;ntracti;rs and t> ; <=r t:tr sobs- ntrado. M..
;61 Recipient means any entity other than :in individual that rpcpfves Recovery Act fundA ;n
the FccrTi of r-jr:- nt dir�`�=ity frorr thr F-der.i! (flE' nF.rnn Includes thr atate that
receives in 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 Award
7 "Site of the work" --
;:a; Means—
(i) The physical place or places where the construction called for in the Award,
Subaward, or Contract will remain when work on it is completed; and
(ii) Any other site where a significant portion of the building or work is constructed,
provided that such site is estabiished 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)00 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. In addition, fabrication plants, batch plants, borrow pits, job headquarters,
yards, etc., of a commercial or material supplier which 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)(a);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.
(8) Subaward means an award of financial assistance in the form of money, or property in lieu
of money, made under an award by a Recipient to an eligible Subrecipient or by a
5ubrecipient to a tower- tier subrecipient. The term 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.
�'ubreciprrrit ineans a non -Federal errihf that expends Federal r,wdrds received `roar a
a r:. ri;r�v :, rig :=r. r(ii: a.'a� •. r..r_n r�+r- r... _ . _ .,... .. ,.._..t, � _,_.:; ,_..., i•iicr,i 3n-.-m ,to' •c,c, r:ut irctsrur :,n
*r;,.1f53±1l:iii t.fR�it iy ra ll:ne.•fer;i�ar�f ys '�Li_iS .;i �r+3ijr�Strk, fllk' F��rrll ii1C11idf:5 � CUrrtrrl;rtth� I'�i:tlOra
Agency fCAA', focal +agency. or other ermli to ,ihich a Subaward under the Award is made by
.a Recipient that includes a requirement to comply „ith the labor vandards clauses and Wage
r: tf ri;1rl:VW(11e`Q51 of the L'PA �{.='rk [ = rfc:rr �F'f by ,ill l-ilx r r .: nd r,'arhant{5 ernefa}'ed 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.
8, Davis -Bacon Act
W(a) All laborers and mechanics employed or working upon the site of the work Will be paid
unconditionally and not less often than once a meek, and without subsequent deduction or
abate on any account iexcept such payroll deductions as are permitted by regulations issued
by the Secretary of Labor udder 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
vhich 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,iI Applicable to Recipient Only: Prior to the issuance of the Subawafd 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.
(€i) 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 pBA on behalf of laborers or mechanics are considered wages
paid to such laborers and mechanics, subject to the provisions of paragraph 8(4) below,
alsa, 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 shall 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 wark in more than one
classification may be compensated at the rate specified for each classification for the time
.tctually worked therein; provided that the employer's payroll records accurately set forth
the time spent in Lath I:a55ificatiCTrl in uhi-di fork is pelfouned.
d; The wage determination including and; additional classifications and wage rates
'.or,tormed under p ar,igraph B," of this (�tai�5e} and the Davis -Baron poster (WH-1.321
li,,ll i;£> [;r.,r;il'ri :?t .3ii tirrtts r"J ri,t. . ;t ra•ririnrit vnd sy ;'rv.'I;., t `
protrinent .£nd ac-C-t=ssihle place where it >n be emit i;Peri by the �,vorkers.
The C,.DiArat-ting GIficer shall roquire thiit any cleiss of laborpr5 ar mechanics which is not
hi tee iv 'he :wige di ;terrnin,itiprt _md ,vhirh i, to hu mploved under the=tibar'arl Cr
Contract shall be classified in conformance with the wage determination. The Contracting
Cfficer shall approve an additional classification and wage rate and fringe benefits
thorefnre only ,vhen all the fcllo.ving criteria have been met:
i) The work to be performed by the classification requested is not performed by a
classification in the wage determination.
6i) 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
idditional 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 Hour Division for
determination. The Administrator, or an authorized representative, will issue a
detertnfnatian within 30 days of receipt and so Avise the Contracting Officer or will
notify the Contracting Officer within the 30-day period that additional time is necessary.
d", The wane rate iindudingg frnge benefits. where rppropriate) determined pursuant to
f !his -hail t)e G Id tl.: persr,rrninq
rk in ihiL ,,.l,; rfff{:ltl< n undrr the A ;avd _li.''i • i`..e'fril. or •,?ntract `rnfn the ?ifst day on
rat,ifhr :m)fk it performed Rn the classifir_atin,n,
1.31 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.
A) 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
nechancc the amount of any Costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program; provided, that the Secretary of Labor has found, upon the
.written request of the 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 on
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
shalt 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
(1) Payrolls and basic records relating thereto shall be maintained by the Recipient,
Subrecipient and Contractor during the course of the work and preserved for a period of 3
years thereafter for all laborers and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (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)(B; of the Davis -Bacon act), daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of tabor has found, under
paragraph A; of the provision entitled Danis -Bacon Act, that the wages of any laborer or
!? och.1vic include the :amount of any costs. reasonably anticipated to providing benefits under
a plan or program described in section t;b,( ';(B) of the Davis -Bacon Act, the Subrecipient or
_ontractor shall maintain records which show that the commitment to provide such benefits
s Pnforceab•.e, that the plan .r program is financially responsible; and that the plan or
{,:,..Mann h;js GE'eti Cr':ii'rtl't4,I i4i',i i.E'Ci art "Iioriq to drit- i,A urer% ear mr�ch.anics affecred, wad
reccfdf ,:which shove the ousts anticipated r„r the octt.al cost incurred in providing such
benefits. The Subrecipient or Contractor employing apprentices or trainees under approved
prcigrorns shall maintain Written cwidence of the registration of apprenticeship proyrarns 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 shall submit .reekly 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 vpeek in which any Subaward or Contract work is performed a copy of all payrolls to the
Recipient. The Recipient shall 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
submitted shall set out accurately and completely all of the information required to be
maintained under paragraph D(1) 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
may be submitted in any form desired. Optional Form WH-347 is available for this purpose
from the Wage and Hour Division Web site at
http://www.doLgoy esg/whddprms/wh347instr,btm 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 --
6) That the payroll for the payroll period contains the information required to be
maintained under paragraph 1](2)(a) of this Clause, the appropriate information is
being maintained under paragraph D(l) of this Clause, and that such information
is correct and complete:
ii That each laborer or mechanic ::including Mach helper, apprentice, and trainee)
_Inplcyrd :€, the .;.t,vt:.:rd or f antract during the payroll period has been 'paid
_he full vveMkly ,,ages earned without rebate, either directly or indirectly, :ant! that
!?u deductions ha+e been arcade either directly or indirectly from the full wages
.� reed, iAhaer t# An Fetmi�s.ble deductions _;s ;et (girth in the Regulations, 29 CFR
Uait t I'd
(iii) That each laborer or mechanic has been paid not less than the applicable
tinge rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicablewage determination incorporated into
the Subaward or Contract.
?d) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WW-347 shall satisfy the requirement for submission of the
'Statement of Compliance' required by paragraph D(2;(c) of this Clause.
(e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records,
of this Clause may subject the Recipient, Subrecipient or Contractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United
States Code.
(3) The Recipient, Subrecipient, or Contractor shall make the records required under
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 tabor. 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 tabor, 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
atnount of wages required by the Award or Subaward or a Contract. In the event of failure to
pity any laborer or mechanic, including any apprentice, trainee, or helper, employed or
;,,orking cn the site of the viork, J1 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
.i'-tion aS MIVY be necus,—if to e.3use the ::lspension of aerY f4rlhet payment, idvance, or
guarantee of funds until s%ch violations hdvQ ceased.
fl),, Ret_'ipient shall, ;,pcn Its �v,n action or upcn fAtun request of the DOE C0111racting
,II,iIKtI '.tr'1 ih " i')r1r,!r':rt1r.t of I:W 'Qr, ''ru3thhr_td ;.^)r
:',Ithheld trcm '311 U1_-ro._ipwtA ;3r Coi,tr.:w..tor :t) mt,ch 1 i the lcciued FaymentS or affvanc. -'s
a rn.7y be <_or)sic� Bred noce5san to pay laborers and mr-chanics, including apprentices,
Iramets, and helpers, omployed by the Subrecipient or Contractor the full amount of wages
regwrecl by the Sub<iv:,.srd or Contract, In the {?a nt of failure to pq:y any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the work, all
or part of the wages required by the 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 dny 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, an any other
`ederally assisted Award subject to Davis -Bacon prevailing wage requirements, which is held
by the same Subrecipient or Contractor.
F. Apprentices and Trainees
t'1,` Apprentices.
(a) An apprentice will be permitted to work at less than the predetermined rate for the
work they performed when they are employed—
(j) Pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship 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.
(b) The allowable ratio of apprentices to journeymen on the jab 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(1) 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
lecality 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. Everyapprentice must be paid at
nct less than the mite :pecifif l in the regi_.ter-_qJ program for the apprentice's level of
pfe.e`. ,,., .3 Pvfci nta9e .mot th? ',; friers rn NI; f;,;;J:IV ;"ATC '3pe'd filed in thc?
G7 p1iC. Rat: iE' 3: <3t]i: !,lf:ti �rrnsn,3tiG n.
e; Apprentices shall be prod fringe benefits in :)ccordarice with the provisions of the
:ppr:::ntics sl3ii: program: 1` the :ipprentic,,aship pr�:;cgra n does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. if the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination.
iP 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
I
or the work performed until 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 journeymen on the job site shall
not be greater than permitted under the plan approved by OATELS.
(bi 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
r9te 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
dassification 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 utilization of apprentices, trainees, and journeymen
.w&r thi,, Cl ivae shall he in ccnforrnrty with the equal employment opportunity
requirements of Executive Carder I11246, as zmended, and 29- CFR ?art 30.
G. Compliance with Copeland Act Requirements
f Rr•,il, r•r r ;r l<rccil,Eer+t , r C.P,mru for >F lh Cr=:t .-Ath tl„ . lulu ff.-Ilts+lt o f (FR Part
,yhrch are hereby incorpor;rtvd by-e`?rence in the Noa;ard, 5ub3,vard or Contract.
H_ Subvwards and Contracts
;t', The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any
Contracts this Clause entitled "Davis Bacon Act Requirements' and such other clauses as the
Contracting Officer may require. The Recipient shall be responsible for ensuring compliance
by any Subrecipient or Contractor with all of the requirements contained in this Clause. The
Subrecipient shall be responsible for the compliance by Contractor with all of the
requirements contained in this Clause.
2; Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting
Officer a corpleted Standard Form (5F) 1413, 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:ii"contacts.gsa.govlwebforms.nsf/0/7084872Dl6EE95A785256A26004F7EA8/$file/sfl4l3_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://contacts.gsa, gov/webforms.nsf/0/7064872D16EE95A785256A26004F7EA8/$file/sfl413_e.pd
f. The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard
Forms (5F) 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 5.12.
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 or 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 Recipient, Subrecipient (including any Contractor) and the
Department of Energy, the U.S. Department of Labor, or the employees or their representdtives.
L. Certification of Eligibility.
2v .€IteIifm itIta this A%%.ar(f, �vt7: "gird, or Cont, ;irt . i-, appficablt.�, the Recipient, Subrecipient,
':)r r,mtr-Cior, re5pPCtively certifies that neit ier it .nor he Gr she) nor any person or firm ;Who has
an interest in the Recipient, Subrecipient, or C ontracter 5 f}r.m. iS a person, entity, or firm ineligible
to be afrarded Government captracts or Government awards by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12 a't1'.
i2;f No part of this Award, Subaward or Contract shall be subcontracted to any person or firm
ineligible for award of a Government contract or Government award by virtue of section 3& of
the Davis -Bacon Act or 29 CFR 5.12(01i.
3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 16 U.S.C. 1001.
M, Approval of Wage Rates
All straight time wage rates, and overtime rates based thereon, for laborers and mechanics
engaged in work under an Award, Subaward or Contract must be submitted for approval in
writing by the head of 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 Subrecipient
or Contractor and shall not be reimbursed by the Recipient or Subrecipient, If the Govemment
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 Act
This Clause entitled "Contract Work Hours and Safety Standards Act (CWHSSA)' shall apply to any
Subaward or Contract in an amount in excess of SlOQ,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 employrnent 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.
8, Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph S 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 !in the case of work done under a Subaward or Contract for the District of
i-oluwbi,i or a territory, to surh Dlstrid or to such territory;, for liquidated damages. Such
f g0datr..d damages shall be computed %,, ith respect to each individual taborer or mechanic,
indudinq Y,,atchmen and guy.rds, employed in `.iolation of the provision set forth in CWSSHA
i_odr iclraph A. :n the 'S10 fcr e,J(,n cri v,hfch ikich Individual Y4as rF�clulr'ed of
c - e L.-o if, E"f f;4 ," Fl?:, ,.r.Ir':;- r4 ,•.r: " k ,•� _rr fe',.._ r.- ,thn t :irr Cot !..4 the
ffrr r yaitl" I"+-'.:pUu.Cl I'\ th,, `-!,w -e —,lit ttl: si7 ar.:3f,;rdL1'. 'A, 'it inl$ Section.
C. V ithhcldivq for unpaid dv�rges and llclurdated fkwiaiges.
9
(l) 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 of work performed by the Recipient an 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 8 of this Clause.
tl) The Recipient shall, upon 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 CWHSSA, which is held by the same Subrecipient or Contractor such
SUMS as may be determined to be necessary to satisfy any liabilities of such
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
t, On behalf of the Department of Energy (DOE), Recipient shall perform the following
'(1nctions:
fa) Obtain, maintain, and monitor all DBA certified payroll records submitted by the
Subrecipients and Contractors at any tier under this Award;
(b'� Review all DBA certified payroll records for compliance with DBA requirements,
including applicable DOL wage determinations;
!4netA, DOF of crnr non-cc;rnpfianc_ x.rth ORA. requirements by Subrcripicnts tar
(-,Jntrac:tors at any ver, including any non -compliances ;dentlffed ds the result at
reviews performed pursuant to paragraph b) above:
A Address any Subrecipient and any Contractor CSA non-compliance issues; if DBA
non-compliance issues cannot be resolved in a timely manner, fonvard
complaints, summary of investigations and ail relevant information to DOE;
e) Provide DOE with detailed information regarding the resolution of any DBA non-
r_crnpiiance issues;
-," Perform services in support of DOE investigations of complaints filed regarding
noncompliance by Subrecipients and Contractors with DBA requirements;
(g) 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 cause or require the contracting officer
to insert in full in any contract in excess of $2,000 which is entered
into for the actual construction, .-alteraticn and/or repair, including
painting and decorating, of a public building cr 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 Federal 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
provisions 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) Ali laborers and mechanics employed or
working upon, the site of the work. for under the United States Housing
Act of 1937 or under the Housing Act of 1949 in the construction or
:ie=.elops�ent of the project;, will be paid unconditionally and not. iescs
often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act 1,29
�F'R 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.
Contr'butions made or costs reasonably anticipated for bona fide frincTe
benefits under section Iic)(2.) of Che Lavis-Ba_on Act on behalf of
laborers or mechanics are considered wages paid to such iaborers or
mechanics, subject to the provisions of paragraph 'a)(1)(iv) of this
section; also, regular contributions rade or costs incurred for more
than: a weekly period (but not .Less often than: quarterly) under plans,
,ands, or programs which cover the particular weekly period, are deemed
to be constructively made or :incurred during such weekly period. Such
Laborers and mechanics shall. be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in
ec. 5.5oa) (i) . 7_aborprs or mechanics p_rf , , ing n'Ork in more than one
,lassif4ca}i:Jn may be compensated at the rate specified for each
classifical1i:=n -For the time ac_tualiy blo_-ked therein: Provided, That t'i"
f_'fiiG? .:^'yr•.'.°,9 payri.).).1 rec—_lyds accurately set �Ort'I :he t IftE' SCJenL in t'r3!'::i
IaSS: fi,cat;", , if wP"`Lch 'mere Pr`:rmed_ `_he wage „etermInaty::?:
using any additional
,:said Y.age .rates conformed under .tea--agraph (a, '1) ?mil) of
this ection1 and the :.Davis-2accr. poster ; H-1321.7 _.,� -II be po,!,te::` a`_
pail times by the contra; to .and its SliblC"?#:r3CLQ.rs 3t _n,e Sd.te of the
,70r.k in ea nrc'minent a=sd .accessible p_ace .where it far be e,as i.y seen by
:.he workers.
(ii) (A) They contracting officer shall require thai any class of
laborers or mechanics, including helpers, which is not .Listed in the
wage determination and which is to be employed under the contract shall
be iaGS'7 `_i d In confv-mance L•r tPi the wage deterrrairtra tie E. The
contracting officer shall approve an additional classification and wage
rage and fringe benefits theretore only, when the following criteria have
been met
111 The Work to be performed by the claassificarion requested is not
performed by a classification in the wage determination:; and
(2) The classification is utilized in the :area by the construction
industry; and
(.3) The proposed 'wage mate, including any bona tide fringe benefits,
bears a reasonable reiat'ionship to the wage rates contained in the wage
determination.
(D) if the contractor and the laborers and mechanics to be employed
in the =classification. (if kncwn), or their representatives, and the
contracting officer )qree. on the classification and wage rage (including
the amount designated for fringe benefits where appropriate), a re'par't
of the action taken shall be sent by the contracting officer to the
Administrator of the wage and Hour Division., F.,mployment Standards
Administration, U.S. Department of Labor, Washington, DC 2021.0. -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 wr,shin the 30-day period that additional time is
necessary.
(C) in the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification and wage
rate {including the amount designated for fringe Lenefits, where
appropriate), the contracting officer shali refer the questions,
including the views of all interested parties and the recommendation of
the contracting officer, to the Administrator for determination. ;he
Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting
officer or will notify the contacting 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)(1)(ii) (B) or (C) of this section,
shall be paid to ail workers performing work in the classifi.catioa under
this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the ccntrant for
a class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit
as stated in the wage daterminat .on or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) Tf the contractor does not make pdyrents Vo a trustee or Other
third person, the contractor may consider as part of t're wages of any
Laborer or raechari.c the amount of any goofs feasonab y anticipated to
prcvif3iTiq bcP.a fig:e r i;nge L,t.n..f; :s wander plan or Lr-:gram, Pr. .,.;�e'1,
That the . i._icretary Ticlbor has Found, upon the. written, request_ of the
ntri;3 t7r, that the. applicab!p standards of the Davis -Bacon Act have:
been met. .Lht' Secre..=ary of LabG,, may rFq: i:L.Ee the <...cntrartor 'ro set -aside
_.n a separate, account assets for `_he meeting of (obi igat1Ons. tinder the
plan or prograzr:.
(2 i W .hoIcH Y1,7 T'Ze. (w~: «`e in. name f r'eder,al At-, c., c or thie loan or
grant rcciplent) shall upon its own action or upon written request of an
:Iutjior4,ed representative of the (Department of Labor withhold or cause
to tee: withheld from the contractor under this contract or any other
Federal contract with the: same prime contractor, or any other federally-
as.si-sted contract sub?ect to Davis -Bacon prevailing wage requirements,
wh.iG h is held by the same prime contractor, so much of the accrued
payfnEnts or advances as indy be considered necessary to pay laborers and
mechanics, including apprentices, traine-es, and helpers, employed by the
contractor or any subcontractor the full amount of wages .required by the
contract. In the event cf 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 -lousing 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) Payrolls and basic records. (i) Payrolls and basic records
relating thereto shall be maintained by the contractor during the course
of the work and preserved for a period of three years thereafter for all
.laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949, in
the construction or development of the project). Such .records shall
contain the: name, address, and social. security number of each such
worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of thr-* types described in
section 1(b)(2)(8) or the Davis -Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer
or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records
which show that the corrsnitmert 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 snow the costs anticipated or the actual
Lost incurred in providing such benefits_ Contractors employing
apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship prcgrarns and
certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed .in the applicable
pr ogr.,ams.
(ii (A) she ontractcr shall submit weekly For each week
in which any contract work is performed a copy of all payrolls to the
(.write in name of appropriate federal agep.cy) if the agency is a party
to the -or tri::t, but if the agency is not -such a party, the contract -or
w:il ;1b31ir the payroi13 to the ,appl.ic-ant, sponsor, or owner' as the
�:a_ e may be, to. `_rar'smissi.on ro the (write Ln nramP of age, cy) . he
^J"r. is i1DIf;.`:=tics shaii s� D.` : 3C Ciilefi@i f �I 3 CC•S!C:l tF3 y all of the
inf,—_'r__ma.tion required bo be ma.;.ntained urde•r 29 =F`i 5. 5 f aj (3. l) , except
t h.;at ..u;.l social security numbers and home addresses :gall not be
included on week;., t.rransmit_al8. Instead the payrolls shall only need
`o _._.`,Bade an indiv�dual.ly ident:_fying number :.or each =lrployee kle g.,
the .last ±o nr d-q is of the employee's :so':i•a", security number). The
required weekly pa'yroii informationraybe G:'?i�`�rj _;i any iC-r, ;wiredrequired
opti.cnal Form H--347 =s available for this purpose from the adage and
Hcur Division Web site at httr,, ww..d;l •ic-v Iesa,,-w1,d/form.3P 3.1- `r. ;t-n-
or Lts successor site. The prime ccntraC`or is ,,(,,,spcneible for the submission
of copies of payrolls by 31i subcontractors. Contractors and su,bcontr•aCtors
shall mai.n"ain the tu11 social security number and current address of each
covered worker, and shall provide }hem upon request to the 'write in
name of appropr-are tederai agency) if the agency is a party to the
;Dntrac't, brit if the agency is not such a party, the contracr,cr wi11}
submit* them to the applicant, sponsor, or cwne.r, as the case may be,
fpr 'transm.isslcn to the (write in name of agency), the contractor, or
t_he Wage and Hour Division of the Department of Labor for purposes of
an investigation or audl.. of compliance with prevailing wage
requirements. Tt is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without
weekly submission to the sponsoring government agency (or the
applicant, sponsor, or owner).
(8) Each payroll submitted shall be acccmpanied by a ' ' St.a Pernent 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 followincg:
(1) That the payroll for the payroli period contains the
information, required to be provided under Sec. 5.5 (a)r3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is being
maintained under Sec. 5.5 (a)(3)(1) of Req:ilations, 29 CFR part s, and
that such ..nfornation is correct and Complete;
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages (:earned, without rebate,
either directly or indirectly, and that: no dedatotions have been made
Either directly or .indirectly from the .full wages 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
classification of work performed, as specified in the applicable .gage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall Satisfy the
requirement for submission of the 'Statement of Compliance' required
by paragraph (a) (3) (ii) 18) of this section.
(D) The f'3i.s4ficat i cn of any of -he above erti.t i Cations ray subject
the contractor or subcontractor to civil or criminal prosecution under
section 1001 of title 18 and section 231 of ti.�le 31 of the United
States Code.
(ii.i) The contractor or subcontractor shall make the records
required under paragraph (a)(3)(i) of this section available for
inspection, copying, Or transcription by authorized representa .!-.eS of
the (write the name of the agency) or the Department of labor, and shall
permit :such representatives to intery ,e.h empInyees during working hours
le ,t✓. if the _._trtz+" tor ('Jr .�saL7t:C7,trd` ti,: '.s to eui1 Iftif _ e
`e-va re.i..:".eat 3v ci3_.::Jni. ;, -ne e,,Jerr,,Lr agenc, ii7c3°yr,
;:itter written ':o...]e t(., ':h ".,ontractor, -pc•,soi, wppli.cant, -;r ow ne r,
take such :c.tion as m"3y be I'_ecess:ary ro cause rhea si';spension of any
turt.raer payment, a-dvance, or € uaran'ce =•f f't;nds. F!,lrl. he rmore,=a.-f.i':i re to
submit the req'.l red records upon request or ao rr ke such records
available may be gro! nds f•._ det3rm. Pr.t a cIF-J n, . p`-Irsuant to 29 C I.:R i2.
'4 Appr!.r,. 3 and tYa._'.neeas- { + �.rpprnn+�.�s, iappr=n'`:iCG, tail be.
perm -tied to work at less a than the predetermined rate for the work they
per;fcrr,ed .-ihen they are employed pursuant to and individually registered
ill �.i bona fide apprenticeship program registered with -he U.S.
Depot.rtment of Labor, Empleyr.ent and Ted ininq Acbrd iistration, Of f ice of
Acp:enticeship irainina, Employer and Labor Services, or with a Sate Apprenticeship
lcler'icy recognized by t e vff,'.ice, or if a person is employed in his or her. first
90 days of probationary employment as an apprentice in such an y
appr;enticeshwp programm, who is not individually registered in the
prc.Tram, but who has been cE?rrifipd by the Office of
r.ppr:enticeahip Tcaininq, Employer and Labor Services
or a State Apprenticeship Agency (where appropriate) to be
eli.rxib.le for probationary employmenc as an apprentice. The allowable
ratio of appren-ices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated .above, shall be paid not less
than the applicable wage rate on the wage determinratior_ for the
classification cf 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 wane determination for the work actually performed. Where a
cont.raetor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates
1'expre.saed in percentages of the journeyman's hourly rate) specified in
the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate
specified in the registered program fear the apprentice's level of
Progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisicrs of the
apprF;nticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must by paid the full amount of fringe
benefits listed �n the wage doterrnination for the applicable
classi.-icaticn. If the Administrator determines that a ;iiffE.rent
practice prevails for the ;applicable apprentice classification, fringes
-=hall be paid in accordance with that determination. In the event the
Office of Apprenticeship Training, Employer .and Labor Services, or a
State Apprenticeship Agency recognized by the Office, withdraws approval of an
apprenticeship program., the contractor will no longer be permitted to utilize
apprentices at Less than the applicable predetermined rate, for the work
performed until an acceptable program is approved.
Trainees. Except as provided in 29 CFR 5.16, trainees will not
be permitted to pork 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
form ll. certification by the !U.S. Department of Lab! r, Emplcyment and
:rain .ng Administration. The ratioCf "rain!%r?s to `uurreyrren on the Job
site h.l;l .riot be greater than permitted under the plan approved by _tie
�mploynP t _Id x'rainin.g Adinina,siratioz;. Every trainee roust be paid at
7xot. i.Y• is than the ."aLt.? the ipprCi ed program finr za&
rrairaee'S evel cL progress, expressed as a nercentagem of the journeyman
i+.? aly ratk? 5pE? ..fiE?d _Lrl tl'if applicable w.:ge dEter;niniltiG%n. iL"r�l7:E?e5
h,-i1.1 be r-.,a :d IrirLge benefits in :accordance with the provin...rris of tpie-
=rainee program. Ii hetraineeprogram.does not mention, fringe
t-rainees shall be pa..d the fLll amount of fringe benefits
de.term .ration
and Hour Division determines that there is an apprenticeship program
associated with the corresponding journey ran wage rate on the wage
determination wh:_'ch provides for less than full fringe benefits for
<apprentices . Any errpicy-vA .listed on the payroll at :a trainee rate who is
not registered and participating in a tra4nir, plan approved by ere
,--rol.oyrren't and Tr.ain�ng Adminast£at an shaII be paid not less than :he
appLicabIa wacje riCw
orl the wage ueterrinaticn for the Cl,tissliic >.icn of work actually
performed. In addition, any trainee perfcraring work on the jcb site in
excess of the ratio per-nitted under the re?istered program shall be paid
nat less than the applicable wage rate on the wage determination Tor the
:tiorSc actually pericrmed. �r: the event- t.hi Er:.:p1cyrtent and i�a�ri=:s
Administration withdraws approval of a training program, the Contractor
will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal employr^:ent opportunity. The utilization of apprentices,
trainees and ,ournEry-ren ander this part shall be in conformity with the
equal employment opportunity requirements of Executive order 11246, as
amended, and 29 CFR pert 30.
(5) Compliance with Copeland Act requirements. The contractor .shall
comply with the requirements of 29 CFR part 3, which are incorporated by
refearence in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses contained in 29 CFR 5.5(a)(J.) throuL (10)
and such other clauses 1s the (write, an the narme of the Federal agency)
may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
suhcontracr_or or lcwer 'pier subcontractor with all. the contract clauses
in 29 CFR 5.5.
(7) Contract termination: debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the contract,
and for debarment :as a contractor and a subcontractor as provided in 29
CFR 5.12.
(2) Comp.-Iiance wish Davis -Bacon and Related Act_ requirements. Ali
rulings and interpretations of the Davis -Bacon and Related Acts
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes conc(,:ruing labor standards. Disputes arising out of the
labor standards prarisions of this Cr ntracr shall not be subject to the
general disputes clause of this contract. Such disputes shall be
resolved Ln accordance. •.lath the procEe•dur.�-s of the Department cf labor
set forth in 29 ^FR parts 5, 6, and 7. Disputes within the meaning of
this clause include disputes between the ocntractor (or any of its
subcontractors) and the ccntracting agencv, the U.S. Department of
Labor, or the employees or their represe ta" ves.
{10) CertifiCa`ion of eligibility. ('_) By entering into errs
contract., the , ntractGL certities teat neither it inor he or she nor
:-,ny per;a<?fl, -;)r f1r- who% 'as an .�nteraJt 'n the t „rraC`^:'a F1rT .W a
rA
�Er[>Or� ._ .. _'r[� ...ss81 i Lj,.j i'ia? ii`rJ:11:.:t{d G'y i':_+_._.
of section .3.a; ;L the Davis-jnc on F. t .)r 29 CFR 5.1 ,a)
L.'.j No part ..:f rhi-f, contract a a -Il C;el sub€..'ontrac..ed ..::) dn'r rSo_+
1 pc r
,r firm .ine ij.b'e tol, :n:Liard of ,3 +:.:i•; Vc'y'P'',. E'!:r contract by vir.i_.1e pf
sFC'tion 3 {a) ofi - ... Dav S-E�".'a,:on Act or 2 9 FR 5.12 ? i. f 1)
For making false statements is prescribed in the
CC -de, 18 U.D.C. .,.'171.
(b) Contract work Hours and Safety Standards Act. The Agency mead
shall. cause or require the contracting officer to insert the following
c- Set barth In paragraphs (b} (1), (2), (J), and (Q) J-. , -
section in full in any contract in an amount in excess of $ 00,001) and
subject to the o,7ertite provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to the
clauses required by Sec. 5.5(a) or 4.6 of part y of this title. As used
,n this paragraph, the terms laborers and mechanics include watchmen and
guards.
(1) Cvertirne requirements. No contractor or subcontractor
contracting for any part of the conract work which may require or
involve the e ipl ov!nent of laborers or mechanics shali 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 comcensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
(2) Violation; ! J ab, l i ty for unpaid wages; liquidated d.arna,- es . In
the event of any violation of the clause set forth in
paragraph (b)(1) of this section the contractor and any subcontractor
responsible therefor shall by liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of Columbia or
a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall he computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed
in violation of the clause set forth in paragraph (b)(1) of this
section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard
workweek of forty hour's without payment of the overtime wages required
by the clause set forth in paragraph (b){1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write
in the name of the Federal agency or the .loan or grant recipient) shall
upon its own action or upon written request of an authorized
representat_ve of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal
contract with the Game prime contractor, or any other federally -assisted
contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any -liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in
the clause set forth in paragraph (b) 2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses set .forth in paragraph (b)(1) through (9)
of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime
Yantractor shay be responsible for compliance by any subcontractor or
a.oaer .,ier subcontractor wi h the a.lau_Fs set :Drib in paragraphs
r_hrough (4) of this sec`_ion.
..I? C3':f-c:r: ',.e c.lses c.•S:..ied -_Ii parayr3ph r r i.❑ �ny
_-i.tract s'3b]P.:C:'_ .:7•.'..;J pia the CS_•IitT3 t Wrr .ours and S7fetyJStandards
Act and .not to any of `_raF? o`her at.a :iitG ltf�d in iPC. 5.1, the Age y
Head shall ca,_'I SEA .fir Ithe, +ct7nrract.i:ng Wf__.:er tc insert a ciause
nequi:._nq :hat the cC,,n rac,tor or subcoritra.,tor z3ha.'ll taint tin ^:a rcl; ;
and b.sz, :c p ayroi._ rec.ofd'_ dur'_nfl t.hn. c(ljr7e ot the work and shall
pr _ s ! rVe! -hen, fo_ a period of three years t _^-n the complet i en of `re
cCr:Y_ract =7r all laborers and mectianics, 1nC itld itq guards and -.watchmen,
working on the. contract. uc-h records 3.hall contain the name and address
of each such employee, social security number, Correct C1assifi cations,
hourly rates of wages paid, daily and weekly number of hours ;worked,
deductions made, and actual wages paid. F3.rther, the Agency Head shall
cause or require tine contracting officer to insert in any such contract
a clause providing that the records to be mair.rained under this
paragraph shall be :*jade available by the contractor or, subcontractor For
inspection, copying, or transcription by authorized representatives of
the !write the name of agency) and the Department of :,abor, and the
contractor or S.ibcontractor will permit such representatives to
interview employees during working hobs on the job.
(The in crmation collection, recordkeeping, and reporting requirements
contained in the .following paragraphs of this section were approved by
the office of Management and Budget:
OMB Control
Paragraph Number
(a)('}(il)(B). . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . 1215-0140
(a)(1)(ii.(c) ................................... ........... 1215-0140
(a)(1 ti.v)................................................ 1215-0140
(a)(3)(i)................................................. 1215-0140,
1215-0017
(a)t3)(ii)(A).............................................. 1215-0149
(,Y....................................................... 12I5-0140,
1215-0017
------------------------------------------------------------------------
[48 FR 19540, Apr. 29, 1983, ,as amended at 51 FR 1226-5, Apr.
9, 1986; 55 FR 50150, Dec. 4., 1990; 5? FR 28776, June 26, 1992; 58 FR
8955, Nov. `:, 1993; 651 FR 40'716, Aug. 5, 1996: 65 FR 63614, C3<�v. 20, 2000;
73 FR 77511-77512., Dec. 19, 20081
Contractors Signature:
Dated t/ Q /,
-2
Sill:
Dirt
Wagl
Request For Wage Determination And
Response To Request
(Davis Baran Act as Amended and Related Statuses)
U.S. Department of Labor
Employment Standards AdnwNslratlan
Wage and Hour Division
FOR DEPARTMENT
Mail Your Request To:
OF LABOR USE
U.S. Department of Labor
CHECK OR LJST CRAFTS NEEDED
Response To Request
Employment Standards Administration
Wage and Hour OlvlsloR
(Attach wntlnuaaon sheet if needed)
❑ Use area determination issued for
this area
Branch of Construction Contract Wago Determinations
Waahbrgton, ID-C. 202%
Asbestos workers Boilermakers
Hrkilalren
� Carpenters
Cemen! masons
+� E1e0ridans
Requesting Officer (Typed name and sip wure) r I f
UseKuznlar Lha.KtuznarGnet1A0e.g0v "" Q
Department, Agency, or Bureau
Deparbnard of EnergyMational Energy Technology Laboratory
Phone Numbew
304-285-4242
Date of Request
Fatimated AdverWnq Dale
Estimated Bid Opening Date
Cd suers
01111112009
ers
Prior Decision Number f an
G YI
Estimated S Vakts of Context
Type Work
The attached deeisian noted below
Laborer (S
Ups (Specify casaba)
Is applicable to this protect
WA
❑ unl-112 hold ❑ 1 10 5 MI
ClC�il1 Btd¢ ❑ Wglnrav
✓ HVAC Me&..
❑ 1r2 io 1 Mil 0 Over S W
Liu Redd. ❑ Hcaw
R��.�.
YPMirin Number
Addrass to which wage determination should be malled. (Print of type)
Sh hh 1 —T
��'�l�l ` X
Lathers
10 Collin Ferry Rd. 1
PO Sox 880
......,.. Marble & We sellers, vsrraxzo workers
painters
PYednvernion
Date l7easwn
a/
i
Morgantown, WY 26507
Fax Number
Plasterers
f Pkatt6ars
Rooters
(Expims
/T,
V
304265-4883
f Shoal rneW workers
Supersedes Decision Number
{{��(� 1
t i V _ �—� 00 1
x !
L
Sort War layers
�. 9tsamoders
_,.,,,, VJafdars-rate for cmft
Trudy drivers
P(Wer equipment operators
Approved
Laotian of PnNeQ (City, County, Slate, 7Jp Code)
Slate of Texas - ali counties
PPacff}' types)
'
t
j Weatherizadon Worker
Dw%don of W"k (Be specific) (Print or type)
RESIDENTIAL WEATHERIZATION CONSTRUCTION
Describe the wart to be performed. Minor repairs, batt insulation, blown insulation, window & door repair and
r 1 ey e 8 ell
i
e tOr r Division of
Determinations
weatharstdppstg: air sealing; tacking: replacement of windows, doors: furnacelcooiing mayor overhaul or
replacement; tumaWwokirlg June up and repair; eleArkA repairs; mina Or incidental structural repaus;
plums+ngwork;dWsealing and/or repetrarldforreplacement,
--
other Craft
308-1G4 <ifhoe:4.0; �
NSN 7640-00-105-0078 .. ..:.-`.+.. .'.,
• us. ce.�.r.a.i,t rtiii;uf;d�iiriGi t6iri�a+-mrarsstr t
$tandand FWM 308 (Rev. May 19M)
.U.5. Deyarttnent of tabor -29 CFF: Part 1
S2009-TX-00I
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.goov.
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 for 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 Existin
Residential Wage 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 perforated 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 FWAC 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 ;V„w.wdol . gov. The classifications and rates
listed tinder 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 fumace 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 Forth 1444 may be sent to the
Department electronically, by facsimile, or by mail. Electronic submissions should be sent to 09WeatherizationSurvey@do[.gov. Facsimile
submissions should be sent to (202) 693-1432. Mailed forms should be sent to the address listed in Block 1 of the SF Form 1444. Any SF Form 144.1
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.
S2009-TX-001
Issue Date: 12/ 11I2009
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 weatherizatior
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
Angelina
$12.00+.46
$12.00+.46
$12.00
$12.92
$15
Aransas
$8.00+,52
$8.00+.52
$12.00
$9.90
$8.50+1.51
Archer
$10.00
$10.00
$13.00+.25
$12.40
$21.84+3.75%+7
Armstrong
$15.63
$15.63
$15.00+.29
$23.71+7.96
$1'Z
Atascosa
$8.84+.54
$10.00
$10.50
$7.25
$5
Austin
$14.00
$14.00
$18.25+2A9
$7.25
$7
Bailey
$10.00
$10.00
$13.00+.25
$8.25
$1E
Bandera
$8.44+.54
$10.00
$10.50
$7.25
$ 7.25+3.5%+C
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, Pale 3
Plumber
(description of Work,
Page 3
Bastrop
$14.00
$14.00
$18.25+2.19
$7.265
$7.50
i
i
$7.50
Baylor
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Bee
$11.65+.58
$11.65+.58
S18.75
$11.26
$15.99
i
$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
$7.25
$9.66
S7.70
Bianco
$12.00+.46
$12.00+.46
$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+.46
$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
$11.84+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
$11.00
$10.50
$11.26
$15.99
$20.00
Briscoe
$15.63
$15.63
$18.75
$8.25
S15.99
$20.00
Brooks
1-$8.84+.54
$10.00
$10.50
$11.26
$15.99
$20.00 j
Weatherization Survey Wage Determination
S2009-TX-001
Existing Residentin
www.7
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Pa e 3)
Electrician
(Description
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
$13.50
$13.00+.25
$12.40
$19.13+4.2F
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
$18.75
$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
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, Page 3)
j
Plumber !
(Description of Work,
page 3
Clay
$10.00
$10.00
$13.00+.25
812.40
$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
$10.415
$11.569
Collin sworth
$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
$7.70
Comanche
$12.00+.46
$12.00+.46
$12.00
$11.26
$15.99
$20,00
Concha
$12.00+.46
$12.00+.46
812.00
$11.26
$15.99
$20.00
Cooke
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
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
$10A0
$11.00
$10.50
$11.26
$15.99
$20.00
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, Pa e 3)
Plumber
(Description of Work,
Page 3
Crockett
$10.00
$11.00
$10.50
$1126
$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
$8.00+.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
$20.00
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
Eastland
$10.00
$10.00
$13.00+.25
$11.26
$15.99
$20.00
Ector
$10.00
$11.00
$12.00
$12.40
$16,70+350%+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
S7.25
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
I
$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
$15.99
$20.00
Floyd
$10.00
$10.00
$13.00+.25
$8,25
$15.99
$20.00
Foard
$10.00
$10.00
$13.00+.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, Page 3)
Electrician
(Description of
Work, Page 31
Plumber
(Description of Work,
Page 3
Freestone
$12.00+.46
$12.00+.46
$12.00
$12,92
$15.99
$20.00
Frio
$8.84+.54
$10M
$10.50
$11.26
$15.99
$20.00
Gaines
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
Galveston
$1&93+,60
$20.00
$18.25+2.19
$11,03+1.41
$14,00
i
$16.84+1.09
Garza
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Guadafu e
$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
Goliad
$8.00+.52
$8.00+.52
$12.00
$9.90
$8.50+1.58+a
$8.50+1.58+a
Gonzales
$8.00+.52
$8,00+.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
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
$20.00
Weatherization Survey Wage Determination
S2009-7X-001
Existing Residential Wage Determination
www.wdoi. 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,
Page 3
Hate
$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
Hardeman
$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
S 25.67+11.32
f
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
S7.50
Hemphill
$15.63
$15.63
$18.75
$8.25
$15.°9
$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
10
Weatherization Survey Wage Determination
$2008-TX-0o1
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
Hill
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
$20.00
Hockley
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$20.00
Hood
$12.00+.46
$12.00+.46
SUM
S10.86
$15.99
$20.00
Hopkins
$12.00+.46
$12.00+.46
$12.00
$10.86
$15.99
I
$20.00
Houston
$12.00+.46
$12.00+A6
$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
Trion
$10.00
$11.00
$12.00
$12.40
$18.30+4.70
S15.50+2.00
Jack
$10.00
$10,00
$13.00+.25
$8.25
$15.99
f
$20.00 '
Jackson
$8.00+.52
$8.00+52
$15.00
$11.26
$15.99
$20.00
Jasper
$12.00+.46
$12.00+A6
$12.00
$12.92
$15.99
$20.00 {
Jeff Davis
$10.00
$11.00
$10.50
$11.26
$15.99
$20.00
11
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)
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
$1126
$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
SM214
$10.687
Jones
$10.00
$10.00
$13.00+.25
$12.40
$19.13+4.25%+5.93
$15.50+2.00
Karnes
$8.84+.54
$10.00
$10.50
$11.26
S15.99
$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, Page 3
Electrician
{Description of
Work. Page 3
Plumber
(Description of Work,
Pa e 3
Kleber
$8.00+.52
$8.00+.52
$15.00
$11.26
$15.99
$20.001
Knox
$10.00
$10.00
$13.00+.25
$8.25
$15.99
$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
515.99
$20.00
Lipscomb
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Live Oak
$11.65+.58
$11.65+.58
$18.75
$11.26
$15.99
$20.00
Llano
$12.00+.46
$12.00+.46
$12.00
$11.26
$15.99
$20.00
13
Weatherizatlon Survey Wage Determination
52009-TX-001
Existing Resident
wwv
Counties
Weatherization
Worker
Doors &
Windows
Replacement
Worker
HVAC, Furnace,
Heating & Cooling
Repair, Installation,
Replacement
Worker
Carpenter
(Description of
Work, Pa e 3)
Electriciai
(Descriptic
Work, Pac
Loving
$10.00
$11.00
$10.50
$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+.46
$12.00+.46
$12.00
$10.86
Martin
$10.00
$11.00
$10.50
$11.26
Mason
$12.00+.46
$12.00+.46
$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
McMulten
$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
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, Pa e 3)
Plumber
(Description of Work,
Page 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
$20.001
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+.46
$12.00
$10.86
$15.99
$20.00 i
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
518.75
$8.25
$15.99
$20.00
Morris
$12.00+A6
$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
i
$20.00
Newton
$12.00+,46
$12.00+.46
$12.00
$12.92
$15.99
$20.00
Nolan
$10.00
$11.00
$12.00
$11.26
$15.99
$20.00
Nueces
$8.00+.52
$8.00+.52
$19.00+1.92
$7.25
$12.53+3.75%+0.60
$7.25
15
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)
Plumber
(Description of Work,
Page 3
Ochiltree
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Oldham
$15.63
$15.63
$18.75
$8.25
$15.99
$20.00
Orange
$2025
$23.00
$18.25+2.19
$14.45
$12.50
$13.32
$ 25.67+11.32
Palo Pinto
$12.00+.46
$12.00+.46
$12.00
510.86
$15.99
$20.00
Panola
$12.004.46
$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
16
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)
r
Plumber
(Description of Work,
Page 3
Real
$12.00+.46
$12.00+.46
$12M
$11.26
$15.99
$20.00
Red River
$12.00+.46
$12.00+0.46
$12.00
$10.86
$15.99
6
$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
$20.00
Rockwall
$12.50
$12.50
$15.00+0.29
$7.87
S7.79
$7.89
Runnels
$12.00+A6
$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
$8.00
San Augustine
$12.00+.46
$12.00+.46
$12.00
$12.92
$15.99
$20.00
San Jacinto
$10.93+_60
$20.00
$18.25+2.19
$12,92
$15.99
$20.00
San Patricio
$8.00+.52
$8.00+.52
$12.00
$&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
52009-TX-001
Existing Residential Wage
www.wdol. c
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
Schackleford
$12.00+.46
$12.00+0.46
$12.00
$11.26
$15.91
Schleicher
$12.00+.46
$12.00+0.46
$12.00
$11.26
$15.9i
Scurry
$10.00
$11.00
$12.00
$11.26
$15.9!
Shelby
$12.00+A6
$12.00+0.46
$12.00
$11.26
$15.9
Sherman
$15.63
$15.63
$18.75
$11.26
S15.9!
Smith
$12.50
$1250
$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
$8.5
Stephens
$11.09+.31
$10.75
$13.00+0.25
$10.86
$15.9
Sterling
$12.00+.46
$12.00+0.46
$12.00
$11.26
$15.9
Stonewall
$10.00
$10.00
$13.00+0.25
$11.26
$15.9
Sutton
$10.00
$11.00
$10.50
$11.26
$15.9
Swisher
$15.63
$15.63
$18.75
$1116
$15.9
Tarrant
$14.31
$14.31
$13.00
$8.25
$15.9
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)
Plumber
(Description of Work,
Page 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
Terry
$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 i
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
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
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
S15.99
$20,00
Ward
$10.00
$11.00
$10.50
$7.25
$7.31
$8.01
Washington
$12200+.46
12.00+.46
$12.00
$12.92
$15.99
$20.00
Webb
$7.50
$9.00
$12.00
S12.92
$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
$15.63
$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
12.00
$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
Weatherixation Survey Wage Determination
S2009-iX-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
Wise
$14.31
$14.31
$13.00
$6.25
$15.99
$20.00
Wood
$12.00+.46
$12M+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
Young
$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