HomeMy WebLinkAboutResolution - 2011-R0488 - Contract - P&W Environmental - WAP, CEAP - 11_03_2011Resolution No. 2011-RO488
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. 10447 for the
Weatherization Assistance Program (WAP) and Comprehensive Energy Assistance
Program (CEAP), by and between the City of Lubbock and P & W Environmental, and
related documents. Said Contract is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on
November 3, 2011
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TOM MARTIN, MAYOR
ATTEST:
Rebe&a Garza, City Secretary
APPROVED AS TO CONTENT:
Quincy We, Assistant City Manager
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-P & W Environmental
September 28, 2011
Contract # 10447
Resolution No, 2011-RO488
SERVICES AGREEMENT
This Services Agreement (this "Agreement") is entered into as of the 3rd day of
November, 2011 ("Effective Date") by and between P & W Environmental , 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
Contract # 10447
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.
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Contract ## 10447
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and
their respective heirs, representatives and successors and may be assigned by
Contractor or the City to any successor only on the written approval of the other
partY-
2.8 All claims, disputes, and other matters in question between the Parties arising out
of or relating to this Agreement or the breach thereof, shall be formally discussed
and negotiated between the Parties for resolution. In the event that the Parties are
unable to resolve the claims, disputes, or other matters in question within thirty
(30) days of written notification from the aggrieved Party to the other Party, the
aggrieved Party shall be free to pursue all remedies available at law or in equity.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
City of Lubbock, Texas
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Tom Martin, Mayor
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Quincy Whit , ssistant City Manager
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST:
Contractor
By: P & W Environmental
Sam Williams:
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 (CEAP) and the Weatherization Assistance (WAP) and
the American Recovery and Reinvestment Act (ARRA) requirements.
For CEAP this would require repair, replacement or retrofitting of appliances such as but not
limited to heating system, cooling system, window air conditioning units, HVAC systems and water
heaters.
For WAP this would require installation of weatherization efficiency measures and would require
repair, replacement or retrofitting of appliances such as but not limited to heating system, cooling
system, window air conditioning units and HVAC systems and water heaters. Installation of energy
efficiency measures and appliance repair, replacement or retrofitting must conform to State
requirements as outlined in the Comprehensive Energy Assistance Program (CEAP) and
Weatherization Assistance Program (WAP).
The City of Lubbock in implementing the programs will be repairing, retrofitting or replacing older
less efficient units with new units that improve the energy efficiency. Homes will also receive
energy efficiency measures to improve energy usage and efficiency.
The City estimates there will be in the range of 200 CEAP cases per year completed more or less
and in the range of 300 WAP cases completed in the next year more or less.
The City estimates awarding multiple contracts to perform home energy efficiency measures in
accordance with the State Comprehensive Energy Assistance Program (CEAP) and the
Weatherization Assistance (WAP) and the American Recovery and Reinvestment Act (ARRA)
requirements.
The City requires interested parties to submit their qualifications, and flat rate fee per line item for
CEAP and for WEATHERIZATION separately. It is not mandatory to complete both CEAP and
WEATHERIZATION 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 WORK
1. WEATHERIZATION WORK
A. All materials shall be in good usable condition and shall be graded standard unless otherwise
specified, and shall meet the conditions of the general specifications.
B. All materials shall be installed in a workmanlike manner and according to the
manufacturer's specifications.
C. Mechanical, plumbing, and electrical work shall be installed to the City of Lubbock
Mechanical, plumbing and electrical codes.
D. Repairs — where repairs of existing work are called for the feature is to be placed in "Equal
or New Condition" either by patching or replacing all damaged, loose or rotten parts. The
finished work shall match work adjacent work design and dimensions.
II. INTERIOR & EXTERIOR PAINTING SAFE WORK PRACTICES
A. Use safe work practices (OSHA regulations) according the house built that will be
identified as work orders are issued.
4. CONTRACT TERMS & CONDITIONS
4.1 The CEAP, WAP and ARRA program will start from award date by City Council. Flat rate fee
shall be firm for a period for one (1) year, said date of term beginning upon City Council date of
formal approval. The City and the Contractor(s) may, upon written mutual consent extend the
contract for an additional year or until funding has been exhausted. Funding of the contract is
subject to the availability of funding.
4.2 The rates may be adjusted upward or downward at this time at a percentage not to exceed the
effective change in Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most
appropriate for the specific contract for the previous 12-months at the City's discretion, the
effective change rate shall be based on either the local or national index average rage for all
items. If agreement cannot be reached, the contract is terminated at the end of the current contract
period.
4.3 Contractor at all times shall be an independent contractor. The Contractor shall be fully
responsible for all acts and omissions of its employees, subcontractors, and their suppliers,
and shall be specifically responsible for sufficient supervision and inspection to insure
compliance in every respect with the contract requirements.
EXHIBIT B
Weatherization Assistance WAP and CEAP Program
RFP-11-10269-MA
REQUIRED CONTRACT PROVISIONS
The following contract provisions or conditions are required by Texas Department of Housing and
Community Affairs (TDHCA) on all procurement contracts and subcontracts for the
Weatherization Assistance Program
1. Administrative, Contractual or Leeal 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.
11. Susuension or Termination
City may terminate this contract, in whole or in part, at any time City determines that there is
cause for termination including but not limited to the following circumstances:
1. If Contractor neglects to execute the Work properly, in a timely manner, refuses to
supply proper or sufficient materials or workmanship, or fails to perform any
provisions of the Contract,
2. If Contractor is adjudged bankrupt, makes a general assignment for the benefit of his
creditors, or if a receiver is appointed on account of insolvency,
3. If Contractor fails to make prompt payment to any Subcontractor and supplier for
material or labor,
4. If Contractor commits continual violation of public laws or ordinances.
111. Non-discrimination and Equal Opportunity
Subcontractors shall comply with Executive Order 11375 Amending Executive Order 11245
"Equal Employment Opportunity".
No person shall on the ground of race, color, religion, sex, national origin, age, disability, political
affiliation or belief be excluded from participation in, be denied the benefit of, be subjected to
discrimination under, or be denied employment in the administration of or in connection with any
program or activity funded in whole or in part with funds made available under this contract.
IV. Labor Standards
The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance
with the Copeland "Anti -Kickback" Act (40 U.S.0 276a-276a-5; 40 USC 327 and 40 USC 26c)
and all other applicable Federal, state and local laws and regulations pertaining to the labor
standards insofar as those acts apply to the performance of this contract.
V. Reporting and Patent Rights
Contractor shalt abide by all requirements and regulations pertaining to the reporting and patent
rights involving research, developmental, experimental or demonstration work, with respect to any
discovery or invention which arises or is developed in the course of satisfying the terms of this
agreement.
VI. Indemnity and Release
Contractor shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and
City's respective officers, employees, elected officials and agents, from and against any and all
EXHIBIT B
Weatherization Assistance WAP and CEAP Program
RFP-11-10269-MA
losses, damages, claims or liabilities, of any kind or nature, which arise directly or indirectly, or
are related to, in any way, manner of form, the activities contemplated hereunder.
VIL 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.
MIL Changes and Amendments
Any alterations, additions, or deletions to the terms of this contract which are required by changes
in federal law and regulations or stature are automatically incorporated into this contract without
written administrative code amendment hereto, and shall become effective on the date designated
by such law or regulation.
Except as specifically authorized by the agency in writing or otherwise authorized by the terms of
this contract and any alterations, additions, or deletions to the terms of this contract shall be
amended hereto in writing and executed hereto in writing and executed by both parties to contract.
XIV. Legal Authority
Contractor represents that it posses the practical ability and the legal authority to enter into this
contract, receive and manage the funds authorized by this contract, and to perform the services
Contractor has obligated itself to perform under this contract.
The person signing this contract on behalf of contractor hereby warrants that he/she has been
authorized by Contractor to execute this contract on behalf of Contractor and to bind contractor to
all terms herein set forth.
XV. Access to Records
The Contractor shall furnish and cause each of its subcontractors to furnish all information and
reports required hereunder and will permit access to its books, records and accounts by the City,
State or its agent, or other authorized Federal officials for purposes of investigation to ascertain
compliance with the rules, regulations and revisions stated herein.
XVI. Records to Maintain
Contractor shall maintain all records required by the State of Texas Department of Housing and
Community Affairs, and that are pertinent to the activities to be funded under this Contract.
Retention
Contractor shall retain all records pertinent to expenditures incurred under this Contractor for a
period of five (5) years after the termination of all activities funded under this Contract, or after
the resolution of all State and audit findings whichever occurs later.
XVIL Clean Air and Clean Water Act
The Grantee agrees to comply with the following requirements insofar as they apply to the
performance of this contract:
Clean Air Act, 42 U.S.C., 701, 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.
XVHL 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: � Ukl(-- Dated: O-14 - t (
EXHIBIT C
Weatherization Assistance (WAP) and CEAP Program
RFP 11-10269-MA
I1. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a
completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind
the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which
shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL
HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during
the effective period of the contract and to require adjustment of insurance coverages and their limits
when deemed necessary and prudent by the City based upon changes in statutory law, court decisions,
or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as
are approved by the City, the Contractor shall obtain and maintain in full force and effect for the
duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written by companies approved by the State of Texas and acceptable to the City, in the following
type(s) and amount(s):
TYPE
AMOUNT
1. Commercial General Liability insurance including coverage for the following:
a. Products/completed operations
b. Contractual liability
Combined single limit for
bodily injury and property
damage of $ 100,000 per
occurrence or its equivalent.
2. Automobile Liability Combined single of $100,000 per occurrence
a. Any auto
The City of Lubbock shall be named primary additional insured on Auto/General Liability.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all
endorsements thereto and may make any reasonable request for deletion, revision, or modification of
particular policy terms, conditions, limitations, or exclusions (except where policy provisions are
established by law or regulation binding upon either of the parties hereto or the underwriter of any of
such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to
accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees,
and elected representatives for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care
together with the indemnification provision, shall be underwritten by contractual liability
coverage sufficient to include such obligations within applicable policies.
f. All copies of the Certificates of Insurance shall reference the project name or bid number for
which the insurance is being supplied.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices
not less than 30 days prior the change, which notice must be accompanied by a replacement
CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 13`h 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.
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t:..AUSE XX. DAVIS BACON ACT REQUIREMENTS
A DeMitfons, For purposes of this Clause, Clause Xlt, Contract Work Hours and Safety
Standards Act, and Clause XX, Recipient Functions, the following definitions are applicable:
(I) -Award meartir theAward bgthe, Departmentof Energy (DOE} to -a Recipiemtthatincludes a- - - „^'---
requirement to comply with the labor standards clauses and wage rate requirements of the
Davis -Bacon Act (DBA) for work performed by ail 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. aftemiion or repair"` means all types of work done by laborers and
mechanics employed by the 56lirecipient; construction contractor or construction
subcontractor an a particular building or wark at the site thereof, including without
(a) Altering; remodeling, installation (if appropriate) on the site of the work of items
fabricated off -site;
ib) Painiing and.decoraiing; or
(c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site
of the building or work,
(3) Contract means a written procurement contract executed by a Subrecipient for the
acquisition of property and services for construction, alteration, and repair under a Subaward.
For purposes of these Clauses, a Contract shall include subcontram and Power- tier
subcontracts under the Contract
:4) Cantracting Officer means the DOE official authorized to execute awards an behalf of DOLE
and who irresponsible for the bitslness management and nun -program aspects of the
financial assistance process.
.5; Cuntrucror weans an twltity that enters into a Cuntwt for purposes of these Clauses,
(.ontractor shall include subcontractors and barer -tier subcontractors.
Q Recipient means any entity other than an individual that receives Recovery Act funds in
the form of a grant directly from the Federal government. The term includes thie State that
receives an Award From DOE and is financially accountable, for the use of any DOE funds or
property, and is legally responsible for carrying cut the terms and conditions of the program
and Award.
(a) Means—
(i) The physical place or places where the construction called for in the Award,
Subaward, or Contract will remain when work on it is completed; and
(ii) Any other site where a significant portion of the building or work is consttwded,
provided that such site Is established specifically for the performance of the project;
(b) Except as provided in paragraph (c) of this definition, the site of the work Includes any
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(1) They are dedicated exclusively, or neariy 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)(7 or (7)(a)(11) of this definition; and
(cl, 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 plant% borrow pits, job headquarters,
yards, etc. of a commercial or material supplierwhich are established by a supplier of
materials for the pro*t before opening of bWand 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 (cart of the .'site of the work"
even if the operations for a period of time may be dedicated exclusively or nearly sq to
the performance of an Award Subaward. or Contract
('Ili Subaward means an award of financial assistance in the forth of money, or properly in lieu
of money, made uri�e an award by a Recipfoni to in eligible 561:itecipient oe by a
Subrecipient to a lower- 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 assistancg which is. exduded from the definition of 'Award' above:
(9) Suorecipieni means a non- Federal entity that expends Federal awards received from a
piss. through £n!'t`i FtR'[fr^-rent; to cart•,, cut L Federal prrigrarrl bur does not include an
ndiwidtial that is a benefi9 y+�of such a prQgerarr. _The t �m_in4 ,aT ut h� Artign,
Agency i CAA',, local agency, or other entity to which a Subaward under the Award is made by
a Recipient that includes a requirement to comply with the fabor standards c(ause&and wage
rate requiremem of the DBA werk performed by all laborers and mechanics employed by
contractors and subcontractors on projects funded by or assisted in whole or in part by and
through the Federal Government pursuant of the Recovery Act..
B. Davis -Bacon Act
(1)(a) All laborers and mechanics- employed or working upon the site of the wbtk will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on ah� jeedtlrit (ekcept'stich payiblt deductions as ale permitted by regulations issued
by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages
and bdha fide ft ife Ushefd (or cash eifuiva ils' ihe'r'e'o'6 diTiak time of payment computed
at rates not less than those contained In the wage determination of the Secretary of Labor
which is attached to the Subaward or Contract and made a part hereof, regardless of any
contractual refatlonship vAcfi may be alleged to exist between the Recipient, a Subrecipient,
or Contractor and such laborers and mechanics.
lid Applicable to Recipient Onfyi Prior tc1 the`issuarice of the Subaward or
Contract the Recipient shall notify the Contracting Officer of the site of the work
in order for the appropnate Wage determination to'bit obtained by the
Contracting Officer from the Secretary of Labor.
00 If the Subaward or Contract is or has been issued without a wage
determination, the Recipient shall notify the Contracting 6fficer 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 011A on behalf of laborers or mechanics are considered wages
pald'tci such laborers anrf me<3tanks, subject to the provisions of paragraph 8(4) below;
_ also, regular contributions made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such period.
(c) Such laborers' and mechanki shalt be pain not less than the appropriate wage rate and
fringe bone,06 in the wtiaje detltmmhatioa fai the dassification of work actually
perforrried, without regard to skill, eircepf'as pnavmded in the paragraph entitled
App►entices' ana Trainees. Laborers oh mechanics performing tivork' in more than we
cla5siffcation may be compensated at the rate specified for each classification for the time
actually worked therein provided that the employer's payr"ofi records accurately set forth
the time spent in each classification in which 6rk is perfarimed.
(d) The wage determination (including any additional classifications and wage rates
conforrhed under paragraph OR,' of thk Clause) 3hd the davis-Bacon poster OH-1321)
+h,jll t)cpc4st at amFt+mi'tclip rhrl -impoo,thd 03njta rat the iFte qt cite ivurk to d
promirier�t ar"ttf'�rcessibfc place where i! carj tip easily seen iiy the +vorkers.
Z(a; The Contracting Officer shall require that any class of laborers or mechanics which is not
listed in the +vage determination and which is to be employed under the Subaward or
Contract shall be classified in conformance with the wage determination, The Contracting
Mcer shall approve an additional classification and wage rate and fringe benefits
therefore only when all the following criteria have been met'
- (i)-T'he- Wbwp@rfom*d-by-tlwslassitkationrecestedisnotPerkrmxLb)ra —
-
dassificration - in the Wage dt4terrleiree7ttQt�
tii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a
reasiiriable relatlonship 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 benefit* where
alpropriate), the Suhrecipient shall notify the Recipient The Recipient shal notify the
�� - .�, Contracting cer of t'Fiis agre meni. if t�i`"ie Contractiriq Off c{"'"eragres`s`+en'f�i tfie. Y.
classification and wage rate (including the amount designated for fringe beneftts, where
appropriate), a report of the action taken shall be sent by the Contracting Officer to the
Administrator of the:
Wage and Haw 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 C)fiicer or will notify,the Contracting Officer within the 30-day period that
addidprtal 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 thei► representatives, do not agree on
the proposed classification and wage rite (inelteding the amount designated for fringe
benefits, where appimcp atek the Submcipient shah notify. the Recipient The Redplent
shall notify the Contracting Officer of the dixagreement. 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
determination within 30 days of receipt and so advise the Contracting Officer or will
notify the Contracting Officer within the 30-day period that additional time is necessary.
V; The wane rate (including fringe benefits, where ppropriate) determined pursuant to
,i,bpxragraphs Bit;(b) nr df4c; of, this clause shall be paid to all workers performing
.r"A in the classification under the Award. Subaward, or Contract from the first day on
:ihich ad is perfornetid in the classification,
t3) 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
detsrrirination or shall pay aribthet bona Rdd ftingd benefit or an hourly cash equivalent
(d) If the �ubrecipient or Contractor does not matte payments to a trustee or other third
p+eikh, the Subrecipient or Contractor'may corisld& at obit of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits uttdei a plan of p?6grarin, provided that the Secretaty bf Labor hat 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 meetfh j of ob#lgatfbm under the plant 'or
program.
C. Rotes WOWS
(1) The miMmum,wages to be paid laborers and niechanirs under the Subaward or Contract
involved in performance of work at the pro*t site, as detenri#ned' by the Secretary of Labor
to be prevailing for the cornisWriding classes of laborers and mechanics cr'v*yed an
projects of a character similar try the contract work in the pertinent locality, are irtctuded as an
attachment to the Award Subaward or Contract.
(2) if the Subaward or Contract has been issued without a wage determ#hadon, the Recipient
shall notify the tog tracdnq Officer lmrnedlateiy_of the site of the work under the Sut>award or
Conttact'in order fni the appropriate wage de1et ka--fi i fi 6e c6 arr4d by1hi 66fract#ng
Officer from the Secretary of Labor.
D. Pwralfs and iiask RlL7ai&
(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 classiffcatioK hourly rates of wages paid prxluding rates of contributions or costs
anticipated for bona fide fringe beneftts or cash equivalents thereof of the types dewn'bed in
section 1(b)(2)(8) of the Davis -Baton AcO, daily and weekly number of flows worked
deductions made, and actual wages paid. Whenever the Secretary of Labor has found under
paragraph (4) of the provision entitled Davis -Bacon Act. that the wages of any laborer or
mechanic include the amourt of any costs reasonably anticipated in providing benefits under
a plan or program desuibed in section 1(b)(2)(8) of the 04 w#s-iacon Act, the Subrecipient or
Contractor shall maintain records which show that the commitment to provide such benefits
is enforceable, that the planar pragraM is financially respdnsiblk'an8 that the plan or
pro4 am has been commtAoirated sit v.ritiog to Ow laborers or mechardts affected, and
recordit -,vhich show the' costs anticipated or the actual cost Incurred in providing such
benef its. The 5u6rec#p#eni or doatractar employing apprentices or under approved
programs shall maintain written evidence of the registration of dpprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the
Was and wage rates prescribed in the applicable programs.
2Xa) The. Contractor shaft submit weekly for each week in which any Contract work is
pedomvd-4-copy-of alt-payrotis-to-the-5ubrecipientrThe-5ubrodpient "Lsubnm-weekly-for-
each- week in which any Subaward or Contract work is -performed a copy of 0 payrolls to the-
Recipient ,The Recipient shall submit weekly for each weep in which any Subaward or
Contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls
submitted shalt set out accurately and completely all of the information required to be
maintained under paragraph DM 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 fast 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
httplfw., : ..dotcmv esa/whd&rms&h347inst .htm or its successor site.
(b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors
submit copies of payrolls and basic records as required by paragraph la, Payrolls and Bask
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 claus& Subrecipfents 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 audited compliance with prevailing wage rlqu46**htK Tl* Wecipient 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
Sutxecipient or Contractor to proyiite addresses and social security numbers to the
Reciplent for its own iieords, without weekly' submission to the Contracting Officer.
(c) Each payroll submitted shall be accompanied by a'Statement of Compliance," signed by
the Recipient, 5ubrecipient or Contractor gr his or her agent who pays or supervises the
payment of the pemns employed under the Subaward or Contract and sham certify --
(i) That the payroll for the payroll period contains the information required to be
maintained under paragraph D(2)(a) of this Clause, the appropriate information is
being maintained under paragraph 1)(1) of this C)ausp, and that such information
is correct and completes
iij T6t,e*:h laborer or mgchaok :including each helper, apprentice, and trainee)
erspta, On the_5ubafegrd or Contract durir►q, the payroll period has bcssn paid
the full weekly wages earned without rebate, either directly or indirectly, and that
no dcducdons ha awe been made either directly or indirectly from the full wages
eamed, ether than permissible deductions as set forth in the Regulations, 29 CFR
Part 3: ,md
(M) 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 wage determination incorporated into
the Subaward or Contract'
— -- — - (d) The weekly submission of a properly executed.cert#fit dori set foM on the reverse
side of Optional Form WW-347 shall satisfy the requirement for submission ofthe
'Statement of Compliance required by paragraphs D(2)(t) of this CraWe'.'
(e) The falsification of any of the certifications in Paragraph (3, Payrolls and Basic Ree6rds
of this Clause may subject the Recipient, Subrecipient or Contractor to civil or criminal
prosecution under Section 1001 of l itle 18 and Section 3729 of Title 31 of the united
States Code.
(3) The Recipient, Subrecipient; or Contractor shalt make the records required under
paragraph Dllj of this Clause availablg for ins"t} cop�ng4q ns ipVon , thm.._�
Contracting Offi+cec,,authorized representatives of die Contractirg Officer, or the Department
of Labor. The Subrecipient or Contractor shalt permit the Contracting Officer, authorized
representatives of the Contracting Officer or the Department of tabor to interview employees
during working hqurs on the job, if the Recipient; Subrecipient, or Contractor fails to submit
the required records or to make them available, the Contracting Office( 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, Furthermom
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 Mehholdlrrg of Funds
(1) The DOF Contractirig'QHicersftalt upon his or her or its own action or upon written
request of an authorized-reptesentative of the Department of Labor, withhold or cause to be
withheld from the Recipient or any other contract or Federal Award with the same Recipient,
on this or any other federally assisted Award subject to Davis -Bacon prevailing wage
requirements, which Is held by the same Recipient so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the Subtec€plent or a Contractor the full
amount of wages,.required;.bye the award of Subaward oe a Contrast In the event of (allure to
r pay any laborer or mechanic, incfudirrg any apprentite.. traineo or helper, employed'or
working on the site of the work, all or part of the wages required by the Award or Subaward
or a Contract, the Contracting Officer may, after written notice to the Recipient take such
action as may be necessary to cause the suspension of any further payment, advance; or
quarantee of funds until such violations have ceased.
'.:r The Recipient shad, ►upon its own action or upon vrritten request of the DOE Contracting
OffilLrr ur all dIAWfized reprrsentarivP of rhii err tment of -Labor, wrthhold or cawsc to he
vAthheld frcm any Subrecipient or Contractor so much of the accrued payments or advances
as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Subrecipient or Contractor the full amount of wages
required by the Subaward or Contract, In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working an the site of the work, all
or part of the wages required by the Subaward or Contract; the Recipient may, after written
notice to the Subrecipient or Contractor, take such action as may be necessary to cause the
suspension of any further payment advance, or guarantee of funds until such violations have
---ceased-or the Gonmertt4rr►alrcatise ths� oftr t��tllt�errpagntttrttei�arary---- —
other contractor federal award. with the same Subrecipient or Contractor, on any other
federally assisted Award subject to Davis -Bacon prevailing wage requirements; which is held
by the same Subredpient or Contractor.
F. Apprmt[tex and irolnees
(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,
w
(il 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 (OATEIS) or with a State Apprentkeship Agency recognized by the
OATELS; or
(i) 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 job site in any craft
classification shall notbe greater than the ratio permitted to the Subredpient or
Contractor, as to the entire work force under the�registered program -
(ell Any worker Listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated in paragraph F(1) o1 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 an the job site In excess of the ratid permitted
under the registered program shall be paid not less than the applkable wage rate on the
wage determination for the work actually performed.
(d) Where a Subrecipient or Contractor is performing construction on a project In a
locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the Subrecipient's
or Contractors registered program shall be observed. Every apprentice must be paid at
riot less than the rate specified -in the registered program for the apprentice's level of
pr^gress. � xpnrssed Is .r percentage at the ;aumeyw.r.7n haudy rat6',pJ*ified id the
Opplicable wage determination.
e; Apprentices shall be paid fringe benefits in accordance with the provisions of the
.apprenticeship program. If the apprenticeship program does not sp6ciN fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
detenninatidn for the applicable dassifkaririm if the Adiiiini'strator detertrnnes that a
different practice prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination.
(fr In the event OATELS, or a State Apprenticeship Age'ncli recognized by OATElS,
withdraws approval of an apprenticeship program, the Subrecipient or Contractor will no
longer be permitted ttf utilize apprentices at test than theapplicabW predetemilned rate
for the work perforrrred until an acceptable program is approved.
(21 Trainees. ti
(a) Except a$ prbvIded in 29 CFR 5.16, trainees will rot 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, evidehced by
formal certification by'(OATELS). The ratio 'of trainees to joumnre mien on the job site shall
not be greaten than permitted under the planapproved yt7ATELS
(b) Every trainee must be paid at not less than the rate specified in the approved program
for the trainee's level of progress, expressed as a percentage of the journeyman hourly
rate specified In the applicable wage determination. Trainees shall be paid fringe benefits
in accordance with the provisions of the trainee program. if the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits fisted in
the wage determination unless the Administrator of the Wage and Hour bivlslon
determines that there is an apprenticeship/training program. assodated with the
corresponding je3irrrieyitidh'WAge rate iii the wage determinailorl vw kh providei for Tess
than full fringe benefits for apprentices. Any employee listed on the payrollat.e trainee
rate who is not registered and participating in a training plan approved by the OATEIS
shall be paid not less than the applicable wage rate in the wage detertriinadoo for the
classification of work actually performed. In addition, any trainee performing work on: the
job site in *excess of the ratio perritted under the registered program shall be paid not
less than the applicable wage rate In the wage determination far the work actually
performed.
(c) In the event OATEL5 withdraws approval of a training program, the Subrecipient or
Contractor will no longer be O"Itted to utilize trainees at less than the applicable
predetermined rate for the kA performed until an acceptable program is approved.
'3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen
under this Clause shall be in confbrmity with ftequal employri4nt opportunity
requirements of Executive Order 11246, as amended and 29 CFR Part 3Q
G. Compliance with Copeland Act Requirements
The Rrcipioit. Subreciptemit or Contractor shall comply ;Mh the requirements of 29 CFR Part 3
which a4 hereby incorporated by referrinc# in the Award, 5ubaward oi Cantract.
H. Suriowards and Contracts
il; 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
Subrecipientshalihprespn[rsible fortheLcnmpiiarKe I Contrauor with all oithe ---
requirementsr contailned-ir}this Clause: —
(21 Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting
Officer a completed Standard Form (5fi 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
h ttpJicontacts.gsa.gov/webforms.nsf/0/7084872Dl6E E9SA785256A26004F7EA8/$ file/sfl4l3-e.pd
f . Within 14 days after issuance of a Contract or icwer- tier subcontract the Subrecipient shall
delver to the Recipient a completed Sr ndard Farm (SF)1413. Statement and Acknowledgment,
for each Contract and lower -tier subcontract for construction within the United States, including
the Contractorand lower, tiersubcontractor's signed and dated acknowledgment that this Mute
has been included in any Contract and lower- tier subcontracts. SF 1413 is available from the
Contracting Officer or.at
h"p://contacts.gsa.gov/webio rms.nsf)0/7OB4872Dl6EE95A785256A26004F7EA8/4fiie/sfl4l3_e.pd
E The hecipienk shalt immediately provide 'to the DOE Contracting Officer the completed Standard
Forms (SF)14i3.
1. Cont ed Termination "- Debiwmei t
A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract
and for debarment as a Contractor or subcontractor as provided in 29 CFR 512.
A Campllame with Ddnia-Bacon and Retat ed Art Regufatfons
JL
All n4riingsthe Davis -Bacon apd Related Acts contained in 29 CFR Parts 1, 3,
and 5 are hereby incorporated by reference in the Award, Subaward or Contract.
K. Disputes Conce wing tabor Standards
The United States Department of labor has set forth in 29 CFR parts 5, 6, and 7 procedures for
resolving disputes conce!nb4.lal�or 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 iinchulirg any Contractor) and the
Department of Energy, the US. Department of tabor, or the employees or their representatives.
L t:ertiffcotion of 0191bi1iit).
8y entering,nte this Award. %baward, orCantract m applicable;, the Recipient Subreciplent
or Contractor, respectively certifies that neither it :nor he at she) not any person or firm who has
an interest in the Recipient Subrecipient, or Contractor's firm is a person, entity, or firm rnellgible
10
to be awarded Government contracts or Goverment awards by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12fajm.
(2) NO part of thi3'Aiiva 4, Sutawdrd or Cointract drag 6i "sub6M&c*i. o arty person or firm
-ine I I r away of a GOV en con r dvemmen awart WvTrle o section 3(aF
the Da4i3 Baccon Ador'29CFI{
i.3) the penalty for making false statements is prescribed in the U3".5. Criminal Code, 18 U.S.C.100L
M. Approval of Wage Rates
All straight time wage rates, and overtime rates based thereon, for iabgrers end mechanics
engaged in work under in 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 purpilser; if the straight time wages exceed the rates for corresponding dassifkations
coretairted,irl_th ppplicab(oLD4vis:BawnAdttartimunLwagedeterminatkut.indudedind*Awarck. -- --� --
Subaward or Contract. Any amount paid by the 5ubrecipient or Contractor to any taborer 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 Recipierlt o► Subredpiers. if the Government
refuses tb-authorize the Utle of the overtime, the tubreciplent or COntractor,is not released from
the obildailbil td iMV the required overtime rates ror arty-o ertime actually worked.
t r
Clause XKX Contract Work Hours and Satiety Standards Act
This Clause- entitled'Con"O Work-Hium and Safety Standards Act (CWHSSAy* shall apply to any
Subaward or Contract in an amount in excess of $100.000. As used in this CWHSSA Clause, the
temitf laborers and mechanics include watchmen and guards,
A. Overtinse requirements, No Subreciplent or Contractor contracting for any part of the
Subaward worlrwhich may require or involve the emplOyrttent of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek
B. Violation; liability for unpaid wager liquidated damagk In the event of any violation of the
clauseiet fdhh in paragraph 13 herekl, the Sulirecipient 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, dpne under a Subaward or Contract for the District of
Columbia or a territory, to suds District or to such territory), for liquidated damages. Such
liquidated damages sl�olt, �e computed witiv rr spect to.e4ch Individual taborer OF mechanic,
including watchmen and guards, employed i,r►violation of the provision set forth in CWSSHA
paragraph A, in the sum of 119 for each calendar day on which such indivicMal was required or
permitted to *oi iri Of the *.r:lm-Ord ,�Pryr,"k Lf rcrty ft7�urs :vithout paymcnt of the
c^�rr6.rle wages r"a3uired 6y the,tlawuse let far 4,,-in paragraph,"'Ar_4l this section.
C. Withholdinq for unpaid wages and liquidated damages.
i I) The DOE Contracting Officer shalt upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld,
From any moneys payable on account of work performed by the Recipient an this or
any other Federal Award or Federal contract with the same Recipient an any other
- - — federatl)r-assisie&A vardotrontraasubjeatrrthtEWHSS , whidris-held by-tWsamv
Redpient such sums- as may be determined tff be neCM&Y to saWa�abitities of
such Recipient for unpaid wages and liquidated damages as provided in the clause set
forth in CWHSSA, paragraph B of this.Clause_
12) The Recipient shall, upon its own action or upon written request of the DOE
Contracting Officer or an authorized representative of the Department of labor,
withhold or cause from any moneys payable on.accoulit of work performed by the
Subrecipient or Contract& on this or any other federally assisted tuba -ward or contract
subject to the CWHSSX which is held by the same Subrecipient or Contractor such
sums as may be determined to be necessary to satisfy any liabilities of such
- —• r Subrecipienr&Cdr% r&tdr fa ugpird'wages and ifquidate� damages as provided in
clause set forth rri {CWHSSA paragraph B of this Clause.
D. Subcontract the Subredplent Will insert in a Contract and a Contractor shall insert in any
lower tier subcontractt the clauses set forth in these CWHSSA paragraphs 01 through (D) and
also a provrsioh requiring the Contractors to include this CWHSSA Clause in any lower der
subcontracts. The Recipient shall be responsible for complJ8. qce by arty Subroclpient or
Contractor, with the CWHSSA paragraphs A through 6. The Su6recipient shall be responsible
for compliance by any Contractor (including lower- der subcontrdctors�
E. The Subtecipierit or Contractor shall maintain payrdis and basic payrolls in accordance with
Clause XX, Davis- Bacon Act Requirements, for all laborers and mechanics, including guards and
watchmen working on the Subawa d or Contracts. These records are subject to ft
requirements set forth in Clause A Davis Bacon Requirements,
Clause XXXX. RECIPIENT FUNCTIONS
a
(l) On behalf of the Department of Energy (DOE), Recipient shall perform the following
functions
(a) Obtain, maintain, and monitor all 08A certified payroll rocards submitted by the
Subrecipients and Contractors at any tier under this Award,
(b) Review all DBA certified paynotfrecordrfdr-caitiplfarice v+itli DBA requirements,
including applicable DOk wage deErrrrtiGiati&in -' .
r) lVnfif)C DOE of any Wars-con+pfiance with [?Bk ruire*rr ants try 5abcecipients or
Contractors at any tier, intruding any non -compliances identified as the result of
reviews performed pursuant to paragraph t) above;
I?
(d) Address any Subrecipient and any Contractor ABA non-compliance Issues; if DBA
non-compliance issues cannot be resolved in a timely manner, forward
complaints, summary of investigations and all relevant information to DOE;
;e) Pro
vic OqE witty dc#ailed• information req Ming the resolution of any DBA non-
-- — - _ co _ ar ism — - - -- --
M 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 Subreclpients and
Contractors with DBA requirements and as requested by the Contracting Officer,
Ad
(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 govemm�nt (DOE) owned records. DOE or an authorized representative
shall be granted access to the records rat all times.
(3) In the,evert of, and In response to any Freedom of Information Act S. U.S.C. 55Z
requests submitted to DOE, Recipient shall provide such records to DOE within 5
business days of receipt of a request from DOE,
13
Exhibit F
29 CFR 5.5 - Contract provisions and related matters.
Section Number: 5.5
Section Name: Contract provisions and related matters.
The Agency--head-shall causer require the contracting officer _
to insert in.full..in any contract in excess of $2,000 which is entered
into for the actual construction, alteration and/or repair, including
painting and.decorat,ing, of a public building or public work,.or
building or•work fi.n4lnced in whole or in part from Federal funds or in
accordance with guarantees of a Federal agendy or finahced front funds
obtained by pledge, of any. contract of a Federal agency to tRa" 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 modifichtions thereof to meet the particular needs.of'the'
agency, provided, That such modifications are first approvoid by the
(1) Minimum wages. (i)"•All laborers and mechanics employed'br
working upon the site of the work (or under the: United- States noosing
Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29
CFR part 3)), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof) due at time of payment computed at rates not
less than those_ contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the
contractor and such laborers and mechanics.
.- Contributions made -or -costs reasonably anticipated -for bona fide fringe
benefits under section l(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (a)(1)(iv) of this
section; also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly),under plans,
funds, or programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such,weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate`and
fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in
Sec. 5.5(a)(41. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified fox each
classification for the time actually worked therein. Provided, That the
employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination
(including any additional
classification and wage xates conformed under paragraph (a)(1)(ii) of
this section) and the Davis --Bacon poster (WH-1321) shall be posted at
all times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by
the workers.
(ii)(A) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in the
wage determination and which is to be employed under the contract shall
be classified in conformance: with the wage determination. The
contracting officer shall approve an additional classification and wage
rate and fringe benefits therefore only when the following criteria have
been met:
t 1) ThV-Womk—M be, performed tPs �a Zt i�_ %�_ _is not____ d _
performed by a classification in the wage determinationt and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained. in the wage
determination.
M If the contractor and the laborers and mechanics to be employed
in the classifica�lan (if known.), .or their representatives, and the
contracting officer agree on the classification and wage rate (including
the amount designated for fringe benefits where appropriate), a report
of .the action taken shall be sent by the contracting officer to -the
Administrator of the Wa a and Hour Division, n to ent Standards
.....�.......,�......�.. Administration, ... _ _. _ ...__... �.._ - `� ash�ia�n, 021_.�...._.....-,-_,..,.,.___..�_�..... -....
U.S. Department of Labor, w ,-TttB
Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within. the 30-day period that additional time is
necessary.
(C) In the event the 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 .Ci}icludinq the amoe)nt designate¢ for fringe benefits, where
aO&opriate), -the: c6ntracti.ng officer shall refer the questions,
including the views of all interested parties and the recommendation of
the contracting officer, to the Administrator for determination. The
Adiniiiistrator, or on authorized represbntativ&, will issue a
determination within'30 days of receipt and so advise the contracting
officer or'wI11 aafify the contracting O-fficer within the 30-day-penis
that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs (a)(1)(11) (B) or (C) of this section,
shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed' in, the
classification.
(iii) Whenever the minimum. wage rate prescribed in the contract for
a class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not -make- payments to a trustee or other
third person, the contractor may consider as part of the wages of,any'
laborer or mechanic the amount of 4ny costs reasonably anticipated in
providing bona fide fringe benefits gander a plait or program,' Provided,
That the Secretary of Labor has found, upon the written request of the
contractor, that '04 applicable standards of the Davis -Bacon Act have
been met. The Secretary of Labor may require the contractor to set aside
in a separate account assets for the meeting of obligations under the
plan or program.
(2) Withholding. The (write in name of Federal Agency or the loan or
grant recipient) shall upon its own action or upon written request of an
autnori=ed representative of the Department of Labor withhold or cause
to be withheld from the contractor under this contract or any other
Federal contract with the same prime contractor, or any other federally -
assisted contract subject to Davis -Bacon. prevailing wage requirements,
which is held by the same prime contractor, so much of the accrued
payments or advances as may be considered necessary to pay laborers and
— ��is+asrrc:� ia,tiius�ryn►y� a�b,►aaaat.L�:�,3r ;.iaa.aicorrs, as+v r�a�.�+�ra � ca���c� ;u�C�.s,s ----- -
contract -r-or -any subddffEraatar - Eh—e Wil amount df wacf i 're*uIr6d by the
contract. In the event of failure to pay any'laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the
site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of-1949- in the constructiorr or•*ddvhlopMertt of tile'
�m 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 b� + t g tor( oLcill {^.-.thd-.eourae-�- ��-
~^------'""" af-tfM-V6ik" ti preserweTM-r a period of three years thereafter for all
laborers and mechanics working at the site of the work•` (8� drjder the)
United States Housing Act of 1937, or under the Musiny Act of 1949, in
the construction or development of the project). Such'recards shall
contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide
fringe benefits or'cash equivalents thereof of the types described in
section I(b)(2)(9) of the Davis -Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. --Whenever the Secretary of
Labor has found under 29 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 seotign,
I M (2)(B) of the Davis -Bacon Act, the"contrAetor'shall maintain records
which show that the commitment to provide such be' fits is enforceable,
that the plan or pzograin 3s financially responsible, and that the plan.
"•. or program has been caTmunicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written,
evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all payrolls to the
(write in name of appropriate federal agency) if the agency is a party
to the contract, but if the agency is not such -a party', -'the contractor
will submit the payrolls to the -applicant, sponsor, or owner:, as the
case may be, for transmission to the (write in name of agency)_. The
payrolls submir.te& shall set out decurat#ly and co*16te1y all of the
information required to be maintained under 29 CFR 5.5(0 (3)(1),. except
= that 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 farm desired.
optional Form WH-347 is available for this purpose from the Wage and
Hour division ffeb site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
or its successor site. The prime contractor is responsible for the submission
of copies of payrolls by all subcontractors. Contractors and subcontractors
shall maintain the full social security number and current address of each
covered worker, and shall provide them upon request to the (write in
name of appropriate_ l federaagencyl if the__agency is a party_to_the
contract, but if the agency is not such a party, the contractor will
submit them to the applicant, sponsor, or owner, as the case may be,
for transmission to the (write in name of agency), the contractor, or
the 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 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).
(H) Each payroll submitted shall be accompanied by a -Statement of
Compliance," signed by the contractor or subcontractor or his or her
agent who pays -or- supervises -the- payment_.of, -the. persons, employed under. .
the contract and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be provided under Sec. 5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is being
maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and
that such information is correct and complete;
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and -that no deductions have been made
either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR part 31
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed,.as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set
forth on the reverse side of optional Form WH-347 shall satisfy the
requirement for submission of the -Statement of Compliance" required
by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution under
section 1001 of title 19 and section 231 of title 31 of the United
States Code.
(iii) The contractor or subcontractor shall make the records
required under paragraph (a1(3)(i) of this section available for
inspection, copying, or transcription by authorized representatives of
the (write the name of the agency) or the Department of Labor, -and shall
permit such representatives to interview employees during working hours
on the ;ob. if the contractor or subcontractor fails to submit the
required records or to !Hake Chem dvailable, the 'ederal agency may,
after written notice.to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
'4) Apprentices and trainees--(i) Apprentices. Apprentices will be
permitted to work at less than the predetermined rate for the work they
periformed when they are employed 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 Training, Employer and Labor Services, or with a State Apprenticeship
Agency recognized by the Office, or if a person is employed in his or her first
40 days of probationary employment as an apprentice -in such _n
-- --aW en-ttceshTpF gran, w o is not individually reg- ter -ad in_ the_
prograw,-- ut-w d fias -been certified# !iy the Office of
Apprenticeship Training, Employer and Labor Services
or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable
ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not Less
than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice
performing _work, on
-Tie rag si� tared program shall be paid not, less than, the applicable wage
rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project, in a locality other
than that in which its program is registered the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified -lift
the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not lessr than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate
specified in the�.aFp7�icable wage determi.natiort.. Apprentices,- -shall be
paid fringe benefits in accordance with the provisions of tho
apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the ,full, amount of fringe
benefits listed. on the wag® determination for the applicable
classification, If the AdministrgGpr determines thatt a -different - - --{- -
practice prevails for the applicable apprenticeclassification, fringes
shall be paid in accordance with that determination. In the event the
Office of Apprenticeship Training, Employer and Labor Services, or a
State Apprenticeship Agency recognized by the office, withdraws approval of an
apprenticeship program, the contractor will no, longer be permitted to utilize
apprentices at less., than the applicable predetermined rate for the work
performed until an„accspta.ble program is approved.
fii) Trainees. ,Except as provided in 29 CFR 5:18, 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 whi,gh has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and
Training Administration, The ratio of trainees to journeymen on the job
site shall not be greater than permitted under the plan approved'by the
Employment and Training Administration. Every trainee must be paid at
not less than the rate specified in the approved program for the
trainee's level of progress,_ expressed.as a percentage of the journeyman
hourly rate specified in the applicable wage determination. Trainees
shall be paid fri;ige benefits in accordance with the -provisions of the
trainee program. If the trained program does not mention fringe
benefits, trainees shall be paid.the full amount of fringe benefits
listed on the wage determination unless the Administrator of the wage
and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is
not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the
-- applicable wage rate-
on the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the
work actually performed. in the event the Employment and Training
Administration withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the
equal employment opportunity requirements of Executive order 11246, as
amended,-. and. 29-CFR. part., 30, ..� ._..:.... , .. __ ....>._, ......__...,.. .
(5) Compliance with Copeland Act requirements. The contractor shall
comply with the requirements of 29 CFR part 3, which are incorporated by
reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10)
and such other clauses as the (write in the name of the Federal agency)
may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier -subcontractor with 411 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.,
(3) Compliance with Davis-Sacon and Related Act requirements. All
rulings and interpretations of the Davis -Bacon and Related Acts
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the
labor standards provisions of this contract shall not be subject to the
general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of
this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
(10) Certification of eligibility, (i) By entering into this
contract, the contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in the contractor's firm is a
person or firm to be awarded Government Contracts by s.tLu1
of section 3(a) of the. Davis --Bacon Act or 29 CER 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue of
section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the
G.S. Criminal Code, IS U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. The Agency Head
shall cause or require the contracting officer to insert the following
clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this
section in full in any contract in an amount in excess of $100,000 and
subject to the overtime provisions of the Contract Work 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 4__of_this title. As used
in this paragraph, the terms laborers and mechanics include watchmen and
guards.
(1) overtime requirements. No contractor or subcontractor
contracting for any part of the conract work which may require or
involve the employment of ;Laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less
than one and one --half times the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
(2) violation; liability for unpaid wages; liquidated damages. rn
the event of any violation of the clause set forth in
paragraph- (b) (1� ofthis section.. the_. contractor, and any -subcontractor -
responsible therefor shall be liable for the unpaid wages.. In addition,
such contractor and subcontractor shall be liable to -the United States
(in the case of work done under contract for the District of Columbia or
a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed
in violation of the clause set forth in paragraph (b)(1) of this
section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages -required
by the clause set forth in paragraph (b)(1) of this section.
(3) withholding for unpaid wages and liquidated damages. The (write
in the name of the Federal agency or the loan or grant recipient) shall
upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to..be
withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally -assisted
contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages as provided in
the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clauses set ,forth in paragraph (b)(1) through (4)
of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (b)(1)
through (4) of this section.
addition, to the clauses contained in paragraph (b), an any
contract subject only to the Contract Work Hours and Safety Standards
Act and not to any of the other statutes cited in Sec. 5.1, the Agency
Head shall cause or require the contracting officer to insert a clause
requiring that the contractor or subcontractor shall maintain payrolls
and basic payroll records during the course of the work and shall
preserve `hem for a period of three years from r_he completion of the
contract for all Laborers and mechanics, including guards and watchmen,
working on the contract. Such records shall contain the name and address
of each such employee, social security number, correct classifications,
Hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further, the Agency Head shall
cause or require the contracting officer to insert in any such contract
-_—a-zAausp--pray�_,i di nq t th_ Feic oFda i-n he -
paragrapty sha Lt-be-made ,ava 14ftl t -by-tire cQ ractoz--or--st*cont-ractor~ for
inspection, copying, or tsanscrlption by authorized representatives of
the {write the name of agency) and. the: Department of Labor, and the
contractor or subcontractor will permit such representatives to
interview employees during working hours or; the job.
(The information collection, recordkeeping, and reporting requirements
contained in the following paragraphs of this section were approved by
the Office of Management and Budget:
ON6 Control
Paragraph Number
------- ----------------------------------------------- ---------
(a)(1)(if)(H)............................................... 1F15-0140
(a)(1)(ii)(C).............................................. 12154140
(a)(1)(iv)................................................. 1215-0140
(a)(3)(i)................................................... 1215-0140,
1215-0017
(a)(3)(ii)(A).............................................. `.1215-0149
(c).........ti':.....................................:..'... n-121"&-014a,
1215-0017
[48 FR 19540, Apr.-29, 1983, as amended at 51 FR 12265, Apr.-
9, 1986; gS FED 50150, Dec. 4, 1990; 57 FR-28776,- dune 26; 1992;--58 .M
58955, Nov. 5, 1993; 51 FR 40716, Aug. 5, 1996; 65 FR-69674; Nov. 20, 2000;
73 FR 77511-77512, Dec. 19, 20081
Contrwors Signature: _ �- Dated:
No Text
s2009-TX-00i
lssue Dace: 17J11C10Q9
P. bate. `031052Qi(l _ .
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uveatltier at on res denttai: stnactures as tttase strucwxes im"O ned int'd", 11 Agency Me raadutn f3Q: and 31 '.I'hts'wag deternunation has
only tow atltcrt anon eons4ttctton pm�ects Qn xs&yng reside Rtial.sttuctures as des toed tk the S>3 08 suhutitted, D()>r: 'he primary
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'
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farptupns s,o this wage s t hoti �s Wined as,;=01 rcgaus fi�att insular�on,b own ipstzl a fin. wt dcl�?►'.and:door
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pupas.�at►d insan>af sznbke deteEors In��xas, the iepartuient's'recent stur►rey deterred as a'rnacter of preyai�ing practice that these
qes a,perEondbtr y�eaYhPn�aYia4i Glassificat{Qtl.
A4dti4tnaily, specialtyvueatheri:tion work is def ned as the Flj replaeenent of doors and windgws; (2j ittstallatiob and>repaii furnaccicoaling
WA. C)systemsattd all associated worlciisvolved with t►ainstallation.of theHVA+C systemittcudin_electncai; gips, attd<ductwork_ Lr''exas, the
DeFar s recent survey deter11:14, d thakthe duties de bed lay (1) above are perfatmed by Window and Door Repl2iceme t Worker. and:lay (2
abpvp4reperfarmed'bjl AIJVACwodQcr, ; : <
%nciu wa a data information a west xF rtzanoa c
W-►E data submitted far the State of Texas ded g lie rew chef clstficaun Thi�classiiicatit
w
rnrlrer to essept y a + orlatng forettlan �vhp gerfnrms the swine casks as the weathen,xattgA rnr .rlcerY but who is "respor bie (off supecvtstan, job
v p iaents,.. g.> ty� bran. Otte additional duties arei qat laborer or MRPC rOc �!4ar . as defined by the
avgt, frrtns cow leitan„work nest �wd unit aas ce. �`
I atd4related acts xegWattous, bpi a mark. supprvty tn; i►tore: xT#►e.Departrttsues vaztous clssicatsns-}�►+oiF]<crs Then the
cis.°ate defwe 'ar dxstxnct# nrtr all oxher clas5ificati s of tvPt1► 9p the wage-detorpimatto�. i'he "laborer qT utechaznC" dates of the crew chi,
arp nn ;syl ie> y titsdnc tq warrant t1 s$n n e of ai s pairate;alass fie pon ran>tlte wagedetcrt i nation: Morco�tho ilep neat doe's not issue
segarsite waged }> ns based an a>wori er's`slall, ex ieztce ar individual draiutng• :'Tice ore, the eatheziaation,crew'c4ief is not listed as a
sgpa tdasst£catji3n af'Wpr The weatitcnration, crew r d must t ciassi fied;as a weath Cion vunrlcza ar► 1. aid.at leash t o applicable wage
t o€ its a atheri anon worker°when per€b#.ru g Weattte atiun_wc ri. Theis narestrtctton however to pay Ag tote weatlterization
crow Cl..U. •.rootae tlttut Elie +ueatheiizauatt worker wage rate l�sted Qn. the. yyage detenuination.
The.ratesJxsted tip :tlns wage dcteriOnatioit ttr�the minimum rates that n}ay be paid.the ksted.ctassificacion:for the work Performed.: Wage rates are
bas i,: tlyQtt wtulEperf edand aren� based on the eptpioyee's level of experience, seniority; ability, etc. 'There 'are no levels of rates for.thi:
4vAriC:: leers p ornniug:t a work.desetibed are due at least the -minimum rams listed.
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