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HomeMy WebLinkAboutResolution - 2010-R0118 - Services Agreement For Weatherization Assistance Program (WAP) - 03_04_2010Resolution No. 2010—R011.8 March 4, 2010 Item No. 6.1 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Services Agreement for Weatherization Assistance Program (WAP) as per RFP-10-013-MA, by and between the City of Lubbock and Arguijo Heating & Air Conditioning LLC of Levelland, Texas, and related documents. Said Services Agreement 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 March 4, 2010 TOM MARTIN, MAYOR ATTEST: ,arza, City Secretary VFD AS TO CONTENT: Quincy Whi tlAssistant City Manager AS TO FORM: Chad Weaver, Assistant City Attorney :ccdocs/RES.Agreement-Arguijo Heating & Air Conditioning >ruary 11, 2010 Contract: 8094 Resolution No. 2010-R0118 SERVICES AGREEMENT This Services Agreement (this "Agreement') is entered into as of the � th day of a GR , 2010 ("Effective Date") by and between Arguiio Heating Conditioning, LLC, of Levelland, Texas (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals (RFP-10-013-MA) for Weatherization Assistance Program (WAP). WHEREAS, the proposal submitted by the Contractor as 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 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, E, F and G. Article 1 Services. 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A . City agrees to pay the amounts stated in "Exhibit D", to Contractor for the project cost for performing services. 1.2 Contractor shall use its commercially reasonable efforts to render services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. 1.3 Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then - current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other part'. 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 Tom Martin, Mayor ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Quincy White, istant City Manager APPROVED AS TO FORM: Assistant City Attorney 3 Contractor By: _ Nam Title: Resolution No. 2010-RO118 EXHIBIT A Weatherization Assistance Program (WAP) RFP 10-013-MA 1. GENERAL REQUIREMENT 1.1 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. 1.2 Contractor shall comply with the US Department of Energy and Texas Department of Housing and Community Affairs (TDHCA) required contract provisions. 1.3 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. 1.4 A RE -INSPECTION FEE ($100) will be applied after the original "Punch List" inspection (I - Final inspection = Punch list) if all work from the punch list is not completed, a RE - INSPECTION FEE ($100 per RE -INSPECTION) will be applied. 2. SCOPE OF WORK I. WEATHERIZATION WORK A. All materials shall be in good usable condition and shall be graded standard unless otherwise specified, and shall meet the conditions of the general specifications. B. All materials shall be installed in a workmanlike manner and according to the manufacturer's specifications. C. Mechanical, plumbing, and electrical work shall be installed to the City of Lubbock Mechanical, plumbing and electrical codes. D. Repairs — where repairs of existing work are called for the feature is to be placed in "Equal or New Condition" either by patching or replacing all damaged, loose or rotten parts. The finished work shall match work adjacent work design and dimensions. II. INTERIOR & EXTERIOR PAINTING SAFE WORK PRACTICES A. Use safe work practices (OSHA regulations) according the house built that will be identified as work orders are issued. 3. CONTRACT TERMS & CONDITIONS 3.1 The contract prices as set forth in Exhibit A shall remain firm for a period of one year beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract until August 2011, subject to the availability of funding. 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), which ever 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. 3.2 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. Resolution No. 2010-RO118 EXHIBIT B Weatherization Assistance (WAP) and CEAP Program RFP 10-013-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 (WAP) and CEAP Program. I. Administrative, Contractual or Legal Remedies In instances where the Contractor violates or breaches this Contract the City may apply administrative, contractual or legal remedies. The City may suspend all activities temporarily pending either corrective action by the contractor or a decision by the City to terminate this contract. II. Suspension or Termination The 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 of insolvency. 3 If Contractor fails to make prompt payment to any Subcontractor and supplier for material or labor, 4 If Contractor commits continual violation of public laws or ordinances. III. Non-discrimination and Equal Opportunity 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.C.276a-276a-5; 40 U.S.C. 327 and 40 U.S.C. 26c) and all other applicable Federal, state and local laws and regulations pertaining to the labor standards insofar as those acts apply to the performance of this contract. V. Reporting and Patent Rights Contractor shall abide by all requirements and regulations pertaining to the reporting and patent rights involving research, developmental experimental, or demonstration work, with respect to any discovery or invention which arises or is developed in the course of satisfying the terms of this agreement. VI. Indemnity and Release Contractor shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and City's representative officers, employees, elected officials and agents, from and against any and all losses, damages, claims or liabilities of any kind or nature, which arise directly or indirectly, or are related to, in any way, manner or form, the activities contemplated hereunder. VII. Conflict of Interest and Nepotism. Contractor covenants that neither it nor any member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this contract. Contractor further covenants that in the performance of this contract no person having such interest shall be employed or appointed by contractor. 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 subcontractor VIII. Sectarian Activity Contractor shall ensure that no funds under this contractor are used, either directly or indirectly, in the support of any religious or anti -religious activity, workship or instruction. IX. Prohibit Political Activity and Lobbying 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 its 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 initializing 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 fund or support candidates for the legislative, executive or judicial branches of government of Contractor, 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. X. 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 or CEAP 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 / CEAP programs. Contractor shall fully cooperate with the 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 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. XI. Chances 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 hereto in writing and executed by both parties to contract. XII. Leval 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. XIII. 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 and revisions stated herein. XIV. 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. XV. Clean Air and Clean Water Act The Grantee agrees to comply with the following requirements insofar as they apply to the performance of this contract. Clean Air Act, 42 U.S.C., 701, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251., as amended, 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. XVI. Non-discrimination No person shall, on the ground of race, color, national origin, or sex be excluded form participation in, be denied from the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1990, or with respect to an otherwise qualified disabled individual as provided in section 04 of the Rehabilitation Act of 1973, shall also comply to any such program or activity. Contractors Signature: _ Dated:_ '? — Z u Resolution No. 2010—RO118 EXHIBIT C Weatherization Assistance (WAP) and CEAP Program RFP 10-013-MA II. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE AMOUNT 1. Commercial General Liability insurance including coverage for the following: a. Products/completed operations b. Contractual liability Combined single limit for bodily injuryand 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. Exhibit E Resolution No. 2010—RO118 Template: FA -Special Terms and Conditions 8-20-2009 FINAL (APPROVED BY DOL) FA-TC-0050 Prescription: Include for ARRA Awards when WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT ("RECOVERY ACT") Clauses are required. CLAUSE XX. DAVIS BACON ACT REQUIREMENTS A. Definitions. For purposes of this Clause, Clause XX, Contract Work Hours and Safety Standards Act, and Clause XX, Recipient Functions, the following definitions are applicable: (1) Award means the Award by the Department of Energy (DOE) to a Recipient that includes a requirement to comply with the labor standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work performed by all laborers and mechanics employed by Subrecipients, Contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act. (2) "Construction, alteration or repair" means all types of work done by laborers and mechanics employed by the Subrecipient, construction contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation — (a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off -site; (b) Painting and decorating; or (c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work. (3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of property and services for construction, alteration, and repair under a Subaward. For purposes of these Clauses, a Contract shall include subcontracts and lower- tier subcontracts under the Contract. (4) Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and who is responsible for the business management and non -program aspects of the financial assistance process. (5) Contractor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall include subcontractors and lower -tier subcontractors. (6) 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 the State that receives an Award from DOE and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award. (7) "Site of the work" -- (a) Means-- (i) The physical place or places where the construction called for in the Award, Subaward, or Contract will remain when work on it is completed; and (ii) Any other site where a significant portion of the building or work is constructed, provided that such site is established specifically for the performance of the project; (b) Except as provided in paragraph (c) of this definition, the site of the work includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided— (1) They are dedicated exclusively, or nearly so, to performance of the project; and (2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs (7)(a)(i) or (7)(a)(ii) of this definition; and (c) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular contract or Federal Award or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the project site as defined in paragraphs (7)(a)(i) or (7)(a)(ii) of this definition, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of an Award, Subaward, or Contract. (8) Subaward means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a 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 assistance which is excluded from the definition of "Award" above. (9) Subrecipient means a non -Federal entity that expends Federal awards received from a pass -through entity [Recipientj to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. The term includes a Community Action Agency (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 labor standards clauses and wage rate requirements of the DBA work performed by all laborers and mechanics employed by 2 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 work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the 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 to the Subaward or Contract and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Recipient, a Subrecipient, or Contractor and such laborers and mechanics. (i) Applicable to Recipient Only: Prior to the issuance of the Subaward or Contract, the Recipient shall notify the Contracting Officer of the site of the work in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. (ii) If the Subaward or Contract is or has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. (b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the DBA on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics, subject to the provisions of paragraph B(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 mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the paragraph entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. (d) The wage determination (including any additional classifications and wage rates conformed under paragraph B(2) of this Clause) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Subrecipient and Contractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2)(a) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Subaward or 3 Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in the classification (if known), or their representatives agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics to be employed in the classification, or their representatives, do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (d) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs B(2)(b) or 8(2)(c) of this Clause shall be paid to all workers performing work in the classification under the Award, Subaward, or Contract from the first day on which work is performed in the classification. 4 (3) Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Subrecipient and Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the Subrecipient or Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Subrecipient or Contractor that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the Subrecipient or Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. C. Rates of Wages (1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved in performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are included as an attachment to the Award, Subaward, or Contract. (2) If the Subaward or Contract has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. D. Payrolls and Basic Records (1) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (4) of the provision entitled Davis -Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Subrecipient or Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been coi_M11U111CatC-d 41 w6tiny Lu the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Subrecipient or Contractor 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. (2)(a) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Subrecipient. The Subrecipient shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the Recipient. The Recipient shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph D(1) of this Clause, except that the full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.ciov/esa/whd/forms/wh347instr.htm or its successor site. (b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this Clause. The Subrecipient is responsible for ensuring all Contractors, including lower tier subcontractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this clause. Subrecipients and Contractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. The Recipient shall also obtain and provide the full social security number and current address of each covered worker upon request by the Contracting Officer or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social security numbers to the Recipient for its own records, without weekly submission to the Contracting Officer. (c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Recipient, Subrecipient or Contractor or his or her agent who pays or supervises the payment of the persons employed under the Subaward or Contract and shall certify -- (i) That the payroll for the payroll period contains the information required to be maintained under paragraph 0(2)(a) of this Clause, the appropriate information is being maintained under paragraph D(1) of this Clause, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Subaward or 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 the Regulations, 29 CFR Part 3; and t+A (iii) 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 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 D(2)(c) of this Clause. (e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause may subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (3) The Recipient, Subrecipient, or Contractor shall make the records required under paragraph D(1) of this Clause available for inspection, copying, or transcription by the Contracting Officer, authorized representatives of the Contracting Officer, or the Department of Labor. The Subrecipient or Contractor shall permit the Contracting Officer, authorized representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. if the Recipient, Subrecipient, or Contractor fails to submit the required records or to make them available, the Contracting Officer may, after written notice to the Recipient, Subrecipient, or Contractor take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. E. Withholding of Funds (1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Recipient or any other contract or Federal Award with the same Recipient, on this or any other federally assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by the same Recipient so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or a Contractor the full amount of wages required by the Award or Subaward or a Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or 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 guarantee of funds until such violations have ceased. (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting OffiCei 01 do authorized representative of the Department of Labor, withhold or cause to be withheld from 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, 7 including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the Subaward or Contract, the Recipient may, after written notice to the Subrecipient or Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased or the Government may cause the suspension of any further payment under any other contract or Federal award with the same Subrecipient or Contractor, on any other federally assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by the same Subrecipient or Contractor. F. Apprentices and Trainees (1) Apprentices. (a) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when they are employed— (i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or (ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. (b) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the registered program. (c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph F(1) of this Clause, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (d) Where a Subrecipient or Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Subrecipient's or Contractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination- (e) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator detenmines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (f In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Subrecipient or Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. (a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS. (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 listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship/training program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. (c) In the event OATELS withdraws approval of a training program, the Subrecipient or Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this Clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. G. Compliance with Copeland Act Requirements The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are hereby incorporated by reference in the Award, Subaward or Contract. H. Subawards and Contracts 9 (1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause entitled "Davis Bacon Act Requirements" and such other clauses as the Contracting Officer may require. The Recipient shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of the requirements contained in this Clause. The Subrecipient shall be responsible for the compliance by Contractor with all of the requirements contained in this Clause. (2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Subaward and Contract for construction within the United States, including the Subrecipient's and Contractor's signed and dated acknowledgment that this Clause) has been included in the Subaward and any Contracts. The SF 1413 is available from the Contracting Officer or at http:l/contacts.gsa.gov/W ebforms.nsf/0/7OB4872 Dl6EE95A785256A26004F7EA8/$file/sfl4l3_e.pd f . Within 14 days after issuance of a Contract or lower- tier subcontract, the Subrecipient shall deliver to the Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Contract and lower -tier subcontract for construction within the United States, including the Contractor and lower- tier subcontractor's signed and dated acknowledgment that this Clause has been included in any Contract and lower- tier subcontracts. SF 1413 is available from the Contracting Officer or at http://contacts.gsa.gov/webforms.nsf/0/70B4872Dl6EE95A785256A26004F7EA8/$file/sf1413 e.pd f. The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms (SF) 1413. L Contract Termination -- Debarment A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a Contractor or subcontractor as provided in 29 CFR 5.12. 1. Compliance with Davis -Bacon and Related Act Regulations All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in the Award, Subaward or Contract. K. Disputes Concerning Labor Standards The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and shall not be subject to any other dispute provision that may be contained in the Award, Subaward, and Contract. Disputes within the meaning of this Clause include disputes between the Recipient, Subrecipient (including any Contractor) and the Department of Energy, the U.S. Department of Labor, or the employees or their representatives. L. Certification of Eligibility. (1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or Contractor, respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient, Subrecipient, or Contractor's firm, is a person, entity, or firm ineligible i to be awarded Government contracts or Government awards by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this Award, Subaward or Contract shall be subcontracted to any person or firm ineligible for award of a Government contract or Government award by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. M. Approval of Wage Rates All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under an Award, Subaward or Contract must be submitted for approval in writing by the head of the federal contracting activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding classifications contained in the applicable Davis -Bacon Act minimum wage determination included in the Award, Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the Recipient or Subrecipient. If the Govemment refuses to authorize the use of the overtime, the Subrecipient or Contractor is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked. Clause XXX. Contract Work Hours and Safety Standards Act This Clause entitled "Contract Work Hours and Safety Standards Act (CWHSSA)" shall apply to any Subaward or Contract in an amount in excess of $100,000. As used in this CWHSSA Clause, the terms laborers and mechanics include watchmen and guards. A. Overtime requirements. No Subrecipient or Contractor contracting for any part of the Subaward work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph B herein, the Subrecipient or Contractor responsible therefor shall be liable for the unpaid wages. In addition, such Subrecipient or Contractor shall be liable to the United States (in the case of work done under a Subaward or 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 provision set forth in CWSSHA paragraph A, 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 (A) of this section. C. Withholding for unpaid wages and liquidated damages. (1) The DOE Contracting Officer shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Recipient on this or any other Federal Award or Federal contract with the same Recipient on any other federally -assisted Award or contract subject to the CWHSSA, which is held by the same Recipient such sums as may be determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages and liquidated damages as provided in the clause set forth in CWHSSA, paragraph B of this Clause. (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an authorized representative of the Department of Labor, withhold or cause from any moneys payable on account of work performed by the Subrecipient or Contractor on this or any other federally assisted subaward or contract subject to the CWHSSA, which is held by the same Subrecipient or Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Subrecipient or Contractor for unpaid wages and liquidated damages as provided in clause set forth in CWHSSA, paragraph B of this Clause. D. Subcontracts. The Subrecipient shall insert in a Contract and a Contractor shall insert in any lower tier subcontracts, the clauses set forth in these CWHSSA paragraphs (A) through (D) and also a provision requiring the Contractors to include this CWHSSA Clause in any lower tier subcontracts. The Recipient shall be responsible for compliance by any Subrecipient or Contractor, with the CWHSSA paragraphs A through D. The Subrecipient shall be responsible for compliance by any Contractor (including lower- tier subcontractors). E. The Subrecipient or Contractor shall maintain payrolls and basic payrolls in accordance with Clause XX, Davis- Bacon Act Requirements, for all laborers and mechanics, including guards and watchmen working on the Subaward or Contracts, These records are subject to the requirements set forth in Clause XX, Davis Bacon Requirements. Clause XXXX. RECIPIENT FUNCTIONS (1) On behalf of the Department of Energy (DOE), Recipient shall perform the following functions; (a) Obtain, maintain, and monitor all DBA certified payroll records submitted by the Subrecipients and Contractors at any tier under this Award; (b) Review all DBA certified payroll records for compliance with DBA requirements, including applicable DOL wage determinations; (r) Notify DOE of any non-compliance with DBA requirements by Subrecipients or Contractors at any tier, including any non -compliances identified as the result of reviews performed pursuant to paragraph (b) above; 12 (d) Address any Subrecipient and any Contractor DBA non-compliance issues; if DBA non-compliance issues cannot be resolved in a timely manner, forward complaints, summary of investigations and all relevant information to DOE; (e) Provide DOE with detailed information regarding the resolution of any DBA non- compliance issues; (f) Perform services in support of DOE investigations of complaints filed regarding noncompliance by Subrecipients and Contractors with DBA requirements; (g) Perform audit services as necessary to ensure compliance by Subrecipients and Contractors with DBA requirements and as requested by the Contracting Officer, and (h) Provide copies of all records upon request by DOE or DOL in a timely manner, (2) All records maintained on behalf of the DOE in accordance with paragraph (1) above are federal government (DOE) owned records. DOE or an authorized representative shall be granted access to the records at all times. (3) In the event of, and in response to any Freedom of Information Act, 5 U.S.C. 552, requests submitted to DOE, Recipient shall provide such records to DOE within 5 business days of receipt of a request from DOE. Exhibit F 29 CFR 5.5 - Contract provisions and related matters. • Section Number: 5.5 • Section Name: Contract provisions and related matters. (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Sec. 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), 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 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in 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: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction 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. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (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 any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the 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 authorized 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 mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates 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 submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), 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 form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the 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). (B) Each payroll submitted shall be accompanied by a ''Statement of Compliance,'' signed by the contractor or subcontractor or his or her agent who pays or 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 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable 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 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal 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 performed 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 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which 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 fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed 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 all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) 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 ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 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 U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work 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. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the 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 clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. (The information collection, recordkeeping, and reporting requirements contained in the following paragraphs of this section were approved by the Office of Management and Budget: OMB Control Paragraph Number (a)(1)(ii)(B).............................................. 1215-0140 (a)(1)(ii)(C).............................................. 1215-0140 (a)(1)(iv)................................................. 1215-0140 (a)(3)(i).................................................. 1215-0140 1215-0017 (a)(3)(ii)(A).............................................. 1215-0149 (c)........................................................ 1215-0140, 1215-0017 ------------------------------------------------------------------------ (48 FR 19540, Apr. 29, 1983, as amended at 51 FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, June 26, 1992; 58 FR 58955, Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR 69674, Nov. 20, 2000; 73 FR 77511-77512, Dec. 19, 2008] Contractors Signature: Dated: RFP 10-013-MA Weatherization Assistance Program (WAP) DUNS NUMBER PROVIDE DUNS number. If they do not have a DUNS number they will need to go to http://smallbusiness.dnb.com click on I Want To: Get a DUNS Number, click on Get a D&B DUNS Number Today. DUNS NUMBER: RFP 10-013-MA 25 Exhibit G �4>• _ :. i ; , �.� 6�? `�`d1�4 Klr Off' i'✓ y+.i 9.ra aaf•.ING COMMUNITY D 4 AFFAIRS t�,tl�r�{Ety. H�r)�ti`t�. �'[r;�n.(fiffi�tat�ar,� ��raicyttiraffce;;_ c„guest Cot!• C►cixc>r•�l _WaP,c ilecisioril Mall Your K e.sportse'for CI ILCK. CAR "I,IS7' Tesxtls Department of Housing an.j Cotllil upity Alfhi)'S CLASS N131'',lll ll AT'TN,. Program $erv�(;es--1)avig-'3ticuit 1�Vc�ittictiiratioi� (.titlachcantinuatinnahcmifsecded) P. 0. 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(t'rint. ut''lE'yjlc) -- Soil flout laye'ts �_ ' 51t-antttitt-rs City of'.Lubbock _ Welders - rate for crab -7'Nc#:,st;.e� C;o;mnunit T. evelo p ment Y _� i'otv!!r egtdplrwnt operators Attie: Joe Ril 'gel (Spceiry typ ) 11, 0.13ox 2000 Lubbock, ,texas 79457 i.,o4%illal) 6f job-ote. ((;ity, cnuaty, Slate, lip* Gdc)�Y4',4.tfpttplFi1�-0pt�ioil ('MltraOH }tV,tlf l.UtI&Ci-, l"t �.ul1�tURE i„vlwll]; -..--......__.................. ..�...... _,�......_.-_...,._.... .11esponse ---1i()Xt"'.i'D11CA! USEt ONLY General Wage Decision issued far this area Deeisigii Nt tlber Da f Decision Issued by: Ditto Wtia(1: Staw- titre�� 'i`1)11C'A — ARRA- WA1P 'Page 1 of 1 .Form W11"P 6.03 -- Request ror General Wage Decision September 2009 E:cp Eat (a) Request For Wage Determination And Response To Request t0av* Bacon Act as Amartdod and ReWcd SMtuscs) U.S. Department of Labor Fvnploymem Standards Administration Wage and How Dsviolon FOR DEPARTMENT Mad Your Rtxrjczt-to: OF LABOR USE U.S. Department of i.sbor c c CN6CtC OR LIST CRAFTS N..ErJ�O ErnpioymontStarmiards Administration (Attach eontlnuation sheet if needed} Resperma To Roque--*n Wage and Hour Mvislo Branch of Construction Contract wage Determinations ❑ Use area eatemnation Issued for washingtom D.C. 202io Asbestos workers v is afea 8etlermaiters BrkYclaYua Requestisrl Officer %Typed name ondZignalure) Lisa Kuzntar Lisa.Kuuaar@ned.doe.gov �Ck Lg Cafpenterb Department, Aga?icy, or Bureau hone Numbeir - --- Cement mrarts Department of Energytabona; Energy Technology Laboratory f 304.285-4242 � EleCridarrs Date of Request ISArrhated Advcrioinp Dote Estimated t#'w^s Open n9 Cate Glaziers 08111/2009 Ironwor;tcr Prior Decision Number (if any) £stlmaled 3 Value of Contract Typo of York The attached decision noted below Laborers (Sph aYir Gasses) t: applicable to this prored WA ❑ Under 1r2 AM ❑1 to 5 MI! ❑ 9ft. ❑Highway ✓ HVAC .Mechanm ❑ i/2 to 1 w Over 5 M l ©RoaE, ❑ Neaw Petis+on Number Address to which wa" detemtmation should be matted_ (Print or type) - J � .. X... 7. a o 1 /' CoIIlns Ferry Rd, F marble & tito zelters, terrazzo workers _._,. Fainters Date of De"on ` - 4- G Box S60 --. PSloddvermen J Morgantown, YN 26507 plashxers ✓ PMmbers EXWO-- -0 % Fax Number Roofers 304-285-4683 ✓ Sheet metal worken Supor..edes Decision Number SaR Moor layer JI �... Siearnrtittets WeWOM-rate for craft . - Truck drivers Approved ~Y Location of Protect (C1(Y. County, Srate, .Zip Code) Power egwPment openatom Slate of Texas - aN count+es (SP-* 4%e-1) ,% Wt3zthenzafion Worker h S Da=vaon sp of Work (Be eclbc) (Print cetype) ' RESIGENTIAL WEATHERVATION CONSTRUCTION ect , i�•zsion — lage DeterMinat ions Describe" y4M to Ce performed . Mimr reparrs, batt insutaiion, blown inaWatm window & door repair aid weadheratlpptng: ace seaGrg: 6alking: reVacemont of windows, doors: fXnacticoolSng major overhaul or --- Lrat i.on date and replacement: furnacefcooking Wne fop and report; electrical repairs; rri orinddcnW Wutdural repairs: . -- en.sior Per 29CER 1.6 pWrnb�n word dtx2 sealing and/or repair and/or repla=rnenl, other Crafts NSN 7540-00-105-0078 ' U.S. Govnmraartt P�tn4'e�'6N=es: i986�L1s'.2:21�9N! Stand"Rorm..•308 (Rev. way 1965) U.S. Departmont o• Labor -29 CFR part 1 TEXAS RESIDENTIAL WEATHERIZATION WAGE DETERMINATION This project wage determination is issued in response to a request from the Department of Energy (DOE) for prevailing wave rates specific to weatherization of residential structures as those structures are defined in the All Agency Memorandum 130 and 13I. This wage determination has application only to weatherization construction projects on existing residential structures as described in the SF 308 submitted by DOE. The primary purpose of the project for which this wage deternnation is being issued is weatherization and is not for the renovation, repair, or new construction of residential structures. All other types of residential construction projects are subject to the published general residential wage, determinations for the State of Texas found on wwvr.wdol.Aov. Weatherization work for purposes of this wage determination is defined as minor repairs, bait insulation, blown insulation, window and door repair, and weather stripping, solar film installation, air sealing, caulking, minor or incidental structural repairs, duct sealing, air sealing, installation of light bulbs, and installation of smoke detectors. In Texas the Department's recent survey determined as a matter of prevailing practice that these duties are performed by a weatherization worker classification. The survey also found specialty weatherization work performed on weatherization construction projects. Specialty weatherization work is the (I) replacement of doors and windows; (2) installation and repair of furnace/cooling (HVAC) systems and all associated work involved with the installation of the HVAC system including electrical, pipe, and duct work. Classifications performing this work are also listed on this project wage determination. Wage payment data submitted for the State of Texas included wage data information for a weatherization crew chief classification. This classification of worker is essentially a working, foreman who performs the same tasks as the weatherization worker, but who is responsible for supervision job oversight, forms completion, work assignments, and quality assurance. The additional duties are not "laborer or mechanic" work as defined by the Davis -Bacon and related Acts regulations, but are more supervisory in nature. The Department issues variousclassifications of workers when the duties are defined and distinct from all other classifications of workers on the wage determination. The "laborer or mechanic" duties of the crew chief are not sufficiently distinct to warrant the issuance of a separate classification on the wee determination. Moreover, the Department does not issue separate wage determinations based on a worker's skill, experience or individual training. Therefore, the weatherization crew chief is not listed as a separate classification of worker. The weatherization crew chief must be classified as a weatherization worker and paid at least the applicable wage determination rate of the weatherization worker when performing weatherization work. There is no restriction however to paying the w=eatherzation crew chief more than the weatherization worker wage rate listed on the wage determination. STATE: Texas Decision. #: 2009-TX-001 COUNTIES. See below DESCRIPTION OF WORK: Weatherization construction on existing residential structures .to include minor repairs, batt insulation, blown insulation; window and door repair, and weather stripping, solar film installation, air sealing, caulking, minor or incidental structural repairs, duct sealing, air sealing, installation of light bulbs, and installation of smoke detectors. This also includes(l) the replacement of doors and windows and the repair: (2) the installation of hot water heaters and the installation and repair of fumacelcooling (fiVAC) systems and all associated work involved with the installation of the HVAC system including electrical, pipe, and ductwork. The following is a key to the county chart below. The first figure in each classification column is the hourly rate and the rate following the "+':' is the fringe benefit rate. A blank in the classification column signifies that there is no or insufficient data from either source and therefore no applicable rate. Any unlisted classifications needed for work not included within the scope of the classifications listed below may be added after award only as provided in the Iabor standards contract clauses (29CFR 5.5 (a) (1) (ii)). i - - Texas Weatherization Weatherization Survey Existing Residential Wage Determination (www.wc4al. ov Counties Weatherization Worker Doors Windows Weatherization Worker HVACI Fumace/ Heating$Cooling Mechanic Carpenter Electrician j Plumber Anderson $12.43 $12.43+.23 $13.00+.25 $12.92 $15.99 S20.00 Andrews $10.00 $12.00 $13.00+,25 S11.261 $15,99 $20.00 Angelina $12.43 $12.43+.23 $13,00+25 $12.92 S 15.99 $20.00 ` Aransas $9.25 $11.25+.74 $15.00+.29 $9.90 $8.50+1.58+a S8.50+1.5- +a ; Archer $10.00 $12.00 $13.00+.25 $12.40 $21.84+7.40+3.75% $15.50+2.00 I Armst=2 $15.63 $15.63 $18.25+2.19 $23.71+7.96 $13.391 $15.50+2.00 Atascosa $10.42 $10.42 $13.00+.25 $7.25 $9.66 $7.70 ' Austin $14.00 $14.00 $18.25+2.19 S7.25 $7.31 $8.01 1.2ailty$10M $10.00 $13.00+.25 $8.25 $15.99 $20.00 i Bandera $10.42 $10.42 $13.00+.25 $7.25 $ 7.25+0.20+3.5% $7.25 I L-8-as-trop 0 $14.00 $18.25+2.19 $7.2651 $7,501 S7.50 , E3a for $10.00 $10.00 $13.00+.25 $8.251 $15.99 $20.00'- 2 Weatherization Saxe Existing Residential Wage Determination w►ww.wdol. ov j r a ? Counties Weatherization Worker Doors 8t Windows HVACI i=urnacel Weatherization Heating&Cooling Worker Mechanic Car rater Electrician Plumber . See $11.00 S11.00 $18.75 S11.26 1 $15.99 $20.00 Bell $12.00 $12.00+.46 $15.00+.29 $7.87 $7.79 $7.89 Sexar $10.42 $10.42 $13.00+.25 $7.25 $9.66 $7.70 Blanco $12.00 S12.00+.46 $13.00+.25 $11.26 $15.99 $20.00 ; Borden $10.00 $12.00 $13.00+.25 $11.26 $16.99 , $20.00 Bos ue $12.85 1 $12,85 $13.00+.25 $10.56 $15.991 $20.00- Bowie $15.63 $15.63 $18.25+2.19 $7.38 $8.26 I $7.555 Brazoria $9.25+:60 S11.25+,74 $18.25+2.19 $11,84+1.41 $17.05+6.32 " $17.49+1.15 , Brazos $12.00 $12.00+.46 $15.00+.29 $8.30 $9.95 $9.45 Brewster $10.00 $12.00 $13.00+.25 $11.26 $15.99 S20.00 Briscoe $15.63 S15.63 $18.75 $8.25 $15.99 $20,00 Brooks $10.42 $10.42 $13.00+.25 S11.26 $15.99 $20.00 Brown $10.00 $12.00 $13.00+.25 $11.26 , $15.99 $20.00 Burleson $12.00 S12.00+.46 $15.00+.29 $7.25 $7.31 $8.01 ` Burnet $12.00 $12,00+.46 $13.00+.25 S11.26 $15.99 $20.00 Caldwell $13.87 $13.87+2.08 i $18.25+2.19 $7.265 $7.50 S7.50 . Calhoun $9.25+.60 $11.25+.74 $15.00+.29 $11.65+2.42 $9.36+,17 $10.43 Callahan $13.50 IS13.50 S13.00+.25 $12.40 $19.13+5.93+4.25% $15.50+2.00 Cameron S7.50 IS9.00 $13.00+.25 $7,25 $8.30 $7.25 $8,20 l Cam $12.00 $12.00+.46 $13.00+.25 S10.86 $15,99 $20.00 Carson $15.63 $15.63 $18.25+2.19 $23.71+7.97 $13.39 $15.50+2.00 , Cass $12.00 $12.00+.46 1 $13.00+.25 $10.861 $15.99 $20.001 Castro $15.63 $15.63 $18.75 $8.25 $15.99 $20.00 Chambers $18.00 $23.00 $18.25+2.19 $11.84+1.41 $17.05+6.32 S17.49+1.15 Cherokee $12,00 $12.00+.46 $13.00+.25 $10.86I $15.991 $20.00 Childress $15.63 $15,63 $18.75 $8.25 S15.99 1, $20.00 Clay$10.00 $12.00 $13.00+.25 $12.40 S 21.84+7.40+3.75% S15.50+2.00 Cochran $10.00 $10.00 $13.00+.25 $8.25 $15.99 $20.00 Coke S 12.00 $12.00+.46 313.00+.25 $11-261 $15.99 $20.00 Coleman $12.00 S $12.00+.46 f $13.00+.25 $11.26 $15.99 $20.00 3 Weatherization Survey Existing Residential Wa a Determination (www.wdot. ov) i Counties � WeatherrxatEon Worker Doors & Windows Weathenzation Worker . HVACI Furnace/ Heating&Cooling Mechanic Carpenter Electrician Plumber Collin 1$10.00 $10.00 $15.00+.29 $9.283 $10.415 $11.569 Collin sworth $15.63 $15.63 $18.75 $$,25 $15.99 $20.00 Colorado S14.00 $14.00 S15.00 $11.26 $15,99 $20.00 i Comaf $10.42 $10.42 s $13.00+.25 $7.25 $9.66 S7.70 Comanche 1 $12.00 $12.00+.46 $13.00+.25 $11.26 S15.99 $20.00 1 Concho ' $12.00 $12.00+.46 $13.00+.25 $11.26 $15.99 S20.00 1 Cooke $12.00 $12.00+.46 $73.00+.Z5 $10,86 $i5.99 $20.00 ' 1 Coryelf $12.00 $12.00+.46 $15.00+.29 $7.87 $7.79 $7.89 Cottle $10.00 $10.00 $13,00+.25 $8.25 $15.99 $20.00 1 i Crane $10.00 $12.00 S13.00+.25 $1.1.26 $15.99 $20.00 Crockett $10.00 $12.00 $13.00+.25 $11.26 $15.99 $20.00 Crosby $10.00r $10.00 'S13.00+.25 $11.76 $18.78 $15.50+2.00 Culberson ' $10.00 $10.00 S13.00+.25 $11.26 $15.99 $20,00 Dallam $15.63 $15.63 S18.75 $8.25 $15.99 $20,00 . i Dallas . $10.00 $10.00 $15,00+.29 $9,283 $10,415 $11.569 Dawson $10.00 $12.00 S13.00+.25 $1.1.261 $16.99 $20.00 De Witt $9.25+.60 S1 1.25+.74 $18.75 $11.261 $15.99 $20.00 Deaf Smith $15.63 $15.63 $18.75 S8.25 1 $15.99 $20.00 Delta $10.00 $10.00 $15,00+.29 S7.381 $8.26 $7,555 1 ' Denton $10.00 $10.00 $15.00+.29 $9.283 . $10.415 $11.569 ' Dickens S10.00 $12.00 $13.00+.25 S8,25 ; $15.99 S20.00 Dimmit $10,42 $10.42 $13.00+.25 $11.26 $15,99 $20.00 Donle $15,63 $15.63 $18.75 $8.25 $15.99 $20.00 Duval $10.42 $10.42 S13.00+,25 $11.26 $15.99 $20.00 Eastland $10.00 $12.00 $13.00+.25 $11.26 $15.99 $20.00 Ector $10.00 $12.00 ? $13.00+.25 $12.40 $16.70+3.20+3,50% $15.50+2.01 Edwards $10.00 $12.00 $13.00+.25 S3 1.26 ! $15.991 $20.00 El Paso $7.50 $9.00 $13.00+.25 $7.251 $7.25 $7.25 1 Ellis $10.00 $10.00 $15.00+.29 $9.283 $10,415 S11.569 ` Erath $12.00 $12.00+.46 $13.00+,25 $10.86.1 $15.99 $20.00 Falls S12.85 $12.85 1 $13.00+.25 $12.921 $15.99 $20.00 Weatherization Survey Existing Residential Wage Determination www.wdol. oy j Counties Weatherization Worker Coors & Windows Weatherization Worker HVACL Furnace/ heating&Cooling Mechanic Carpenter Electrician Plumber i Fannin $12.00 $12.00+.46 $13.00+.25 $10.86 $15.99 $20.00 i Fayette i $14.00 $14.00 $$18.75 $11,261 $15.99 $20.00 Fisher $10.00 $12.00 $13.00+.25 $11.26 $15.99 S20.00 Flo d $10.00 $10.00 $13.00+.25 $8.25 $15.99 $20.00 Foard $10.00 $10.00 $13.00+.25 $8.25 $15.99 $20.00 Fort Bend $13.63 S17.13+.37 S18.25+2.19 $11.59+1.41 $14.81 S17.49+1.15 Franklin $12.00 $12.00+.46 S13.00+.25 $10,86 $15.99 $20.00 Freestone $12,43 $12.43+.23 $13.00+.25 $12.92 S15.99 $20.00 Frio $10.42 $10.42 S 13.00+.25 $11.26 S15.99 $20.00 Gaines $10.00 $12.00 $13.00+.25 $11.26 $15.99 $20.00 Galveston $13.63 S17.13+.37 $18.25+2.19 S11.03+1.41 $14.00 $16.84+1.09 Garza $1O.00 $10.00 $13.00+.25 $8.25 $15,99 $20.00 Guadalupe $10.42 $10.42 S13.00+.25 $7.25 $9.66 $7.70 Gillespie S10.42 $10.42 $13.00+.25 $11,26 $15.99 $26.00 ' Glasscock $10.04 S12.00 $13.00+.25 $11.26 $15.99 $20A0 Gonad $9.25+.60 $11.25+.74 $15.00+.29 $9.90 $8.50+1.58+a $8.50+1.58+a Gonzales $9.25+.60 $11.25+.74 $18.75 $11.26 $15.99 $20.00 � GrN S15.63 $15.63 S18.75 $8.25 $15.99 $20.00 Grayson $11.75 $11.75 S13.00+.25 S7.25 $9.66 $7.70 Gr $15,63 $15.63 S13.25+2.11 $8.00 $8.50 $7.875 Grimes $12.43 $12.43+.23 S13.00+.25 $12.92 $15.99 $20.00 Hale $10.00 $10.00 $13.00+.25 $8.25 i $15.99 $20.00 Hall $15.63 $15.63 $18.75 $8.25 S15.99 $20.00 , Hamilton 1$12.00 $12.00+.46 $13.00+.25 $10,86 $15.99 $20.00 Hansford $15.63 $15.63 S18.75 $8.25 $15.99 $20.00 Hardeman S10.00 $10.00 S13.00+.25 $8.26 S15.99 $20.00 t Hardin 1 $18.00 $23.00 1$18.25+2.19 $14.45 $12.50 $13.32 $ 25,67+11.32 j Harris 1$12,00 $9.50 $35.00 (Carpenter) $18.25+2.19 $12.06+1.41 S17.05+6.32 $17.96+1.15 Harrison $12.00+.46 S13.00+.25 $10.86 $15.99 $20.00 Weatherizatioon Survey Existing Residential Wage Determination www.wdo€. ov � Counties 1 Weatherization Worker Doors & Windows Weatherization Worker HVACI Furnace/ Heating&Cooling Mechanic Carpenter Electrician j j Plumber HarVey 1$15.63 $15.$3 $18.75 $8.25 $15.99 $20.00 c Haskell S10.00 S12.00 S13.00+.25 $8.25 $15.99 $20,00 H 'S13.87 S13.87+2.08 '$18.25+2.19 $7,265 $7.50 $7.50 Hemphill $15.63 $15.63 $18.75 $8.25 $15.99 $20.00 Henderson $12.00 $12.00+.46 $13.00+.25 $10.86 i $15.99 $20.00 Hidalco $7.50 $9.00 $13.00+.25 $7.25 $8.30 $7.25 $8.'20 a Hill 1$12.85 $12.85 $13.00+.25 S10.86 $15.99 $20.00. Hockle $10.00 $10.00 $13,00+.25 $8.25 $15.99 $20,00 i Hood ! $12.00 $12.00+.46 S13.00+.25 $10.86 S15.991 $20.00 I Hg±ins ' $12.00 $12.00+.46 $13.00+.25 $10.86 S15,99 S $20.00 Houston $12.43 $12.43+.23 $13.00+.25 $12.92 $15,991 $20.00 Howard $10.00 $12.00 S13.00+.25 $11.26 $15.99 I $20.00 Huds th $10.00 $12A0 $13.00+.25 $1 1.26 $15.99 $20.00 I Hunt $10.00 $1Q.OQ $15.Q0+.29 $7.25 $9.66 $7.70 Hutchinson $15.63 $15.63 S18.75 $8.25 $15.99 $20.00 Ir#on S10.00 $12.00 $13.00+.25 $12.40 $18.30+4.70 $15.50+2.00 i Jack $10.00 $10.00 S13.00+.25 $8.25 $15.99 $20,00 ' Jackson $9.25+.60 $11.25+.74 S.18.75 $11.26 $15.99 $20.00 Jasper $12.43 $12.43+.23 $13.00+.25 $12.92 $15.99 S20.00 Jeff Davis $10.00 $12.00 $13.00+_25 $11.26 .$15.99 $20.00 i Jefferson $14.00 $23.00 $14.45 $12.50 S18.25+2.19 $13.32 $ 25.67+11.32 I Jim H $10.42 $10.42 S13.00+.25 S11.26 $15.991 $20.00 Jim Wells $9.25+.60 S11.25+.74 ' $18.75 $11.261 $15.99 1 $20.00 1 Johnson $13.50 $13.50 $13.00+.25 $9.3151 $10.214 $10.687 Jones $10.00 $12.00 $13.00+.25 $12.401 $19.13+5.93+4.25% S15.50+2.00 Kames $10.42 $10.42 $18.75 $11.261 $15.99 $20.00 Kaufman $10.00 $10.00 $15.00+.29 $9.2831 $10.415 $11,569 f i Kendall $10.42 $10.42 $13.00+,25 $7.25-1-$9.66 $7.70 ` Kened S10.42 $10.42 1 $13.00+.25 S-111.261 $15.991 $20.00 ! Weatherization Survey Existing Residential Wa a Determination www.wdot. ov Counties Weatherization Worker Doors & Windows Weatherization Worker HVAC/ Furnace! Heating&Cooling Mechanic Carpenter Electrician Number Kent 1 $12.00 +.32 $12.00 +.32 $13.00+0.25 $8.25 $15,99 $20.00 Kerr $10.42 $10.42 $13.00+0.25 $11.26 $15.99 $20.00 i Kimble $12.00 $12.00+.46 $13.00+0.25 $11.26 $15.99 $20.00 Ki $10.00 $12.00 $13.00+0.25 $8.25 S 15.99 $20.00 ` Kinney $10.42 $10.42 $13.00+0.25 $11.26 $15.99 $20.00 Klebe $9.25+.60 $11.25+.74 $18.75 $11.26 515.99 $20.00 Knox $10.00 $12.00 $13,00+0.25 $8.25 $15,99 $20.00 Lamar $12.00 $12.00+.46 $13.00+0.25 510.86 $16.99 $20.00 Lamb $10.00 $10.00 $13.00+0.25 .$8.25 $15.99 $20.00 Lam sas $12.00 $12.00+.46 $15.00+0.29 $7,87 $7.79 1 $7.89 LaSalle $10.42 $10.42 $13.00+0.25 $11.261 $15.99 $20.00 Lavaca $9.25+.60 $11.25+.74 $18.75 $11-261 $15.99 $20.00 J ' Lee ! $12.43 $12.43+.23 $13.00+0.25 $12.92 $15.99 $20.00 Leon $12.43 $12.43+,23 $13.00+0,25 $12.92 $15.99 $20.00 Lfbe , $18.00 $23.00 518.25+2.19 $11.84+1.41 $17.05+6.32 $17.49+1.15 Limestone $12.43 $12.43+.23 $13.00+0.25 $12.92 $15.99 $20.00 Li scamb $15.63 $15.63 $18.75 $8.25 $15.99 $20.00 Live Oak $11.00 $11.00 $18.75 $11.26 $15.99 $20.00 1 ! Llano $12.00 $12.00+.46 $13.00+0.25 $11.26 $15.99 $20.00 1 Loving 1 $10.00 $12.00 $13.00+0.25 $11.26 $15.99 $20,00 Lubbock $10.00 $10.00 $13.00+0.25 $11.76 $18.78 $15.50+2.00 L nn $10.00 $12.00 $13.00+0.25 $8.25 $15.99 $20.00 ' i Madison t $12.43 $12.43+.23 513.00+0.25 $12.92 $15.99 $20.00 Marion k $12.00 $12.00+.46 $13.00+0.25 $10.86 $15.99 $20.00 Martin $10.00 $1.2,00 S13.00+0.25 $11.26 $15.99 $20.00 I Mason 512.40 $12.00+.46 $13.00+0,25 $11.26 $15.99 $20.00 Mata orda $9.25+.60 $11.25+.74 518.75 $11.26 $15.99 $20,00 Maverick ' $10.42 $1.0,42 $13.00+0.25 $11.26 $15.99 $20.00 McCulloch $12.00 $12.00+.46 $13.00+0.25 $11.26 $15-991 $20.00 McLennan $12.85 $12.85 S15.00+0.29 $7.87 $7,791 $7.89 McMullen $10.42 $10.42 $13.00+0.25 $11.26 $15.991 $20.001 Medina $10.42 $10.42 $13.00+0.25 $7.25 $9.66 f $7.70 Weatherization Suye Existi Residential Wage Detervninaiaora vuvw+r.wdol. av Counties -Weatherization Worker Doors & Windows Weatherization Worker HVACI Furnace/ Heating&Cooling Mechanic I Carpenter Electrician I Plumber Menard 1$12.00 $12.00+.46 $13.00+0.25 $11.26 $15.99 f $20.00 Midland $10.00 $12.00 $13.00+0.25 $12.40 S18.78 $15.50+2.00 Milam S12.00 $12.00+.46 $13.00+0.25 $12.92 S15.991 $20.00 Miffs $12.00 S12.00+_46 $13.00+0.25 $11.26 $15,99 , $20.00 Mitchell $12.00 $12.00+.46 $13.00+0.25 $11.26 $15.99 ' $20.00 ' Mont ue $12.00 $12.00+.46 $13.00+0.25 $10.86 1 S15,991 $20.00 M20taomery $13.63 $17.13+.37 $18.25+2.19 $11.66+1.41 S11,35 $14.47+1,09 Moore $15.63 $15.63 $18.75 $8.25 $15.99 $20.00 Morris '$12.00 $12.00+.46 $13.00+0.25 $10.86 S15.99 $20.00 Mo# $10.00 $10.00 $13.00+0.25 $8.25 $15.99 $20.00 Nacodoches $12.00 $12.00+.46 $13.00+0.25 $10.86 $15.99 $20,00 Navarro $12.00 $12.43+.46 -$13,00+0.25 $10.001 $15.991 $20.00 Newton $12.43 $12.43+.23 $13.00+0.25 $12.92 ° $15.99 $20.00 Nolan $12.00 $12.00+.46 $13.00+0.25 $11.26 $15.99 $20.00 ; Nueces $9.25+.60 $11.25+.74 $15.00+0.29 $7.25 $12.53+0.60+3.75% $7.251 Ochiltree $15.63 $15.63 $18.75 $8.25 $15,99 $20.00 Oldham $15.63 $15.63 $18.75 $8.25 $15.99 $20.00 1 ) l Oran e # $23.00 $23,00 $18.25+2.19 $14.45 $12.50 $13.32 $ 25.67+11.32 Palo Pinto $12.00 $12.00+.46 S13.00+0.25 $10.86 $15.99 $20.00 Panola $12.00 $12.00+.46 $13.00+0.25 $10,86 $15.99 $20.00 Parker $13.50 $13.50 $13.00+0.25 $9.315 $10.214 $10.687 .Farmer $15.63 $15.63 S18.75 $8.25 $15.99 $20.00 Pecos $10.00 $12.00 $13.00+0.25 $11.26 $15.99 $20.00 Polk $12,43 $12.43+.23 $13.00+0.25 $12.92 $15.99 x $20.00 Potter $15.63 $15.63 $18.25+2.19 $23.71+7,98 $13.39 $15.50+2.00 Presidio $10.00 $12.00 $13.00+0.25 $11.26 $15.99 1 $20,00 Rains $12.00 $12.00+.46 $13.00+0.25 $10.86 $15.99 $20.00 Randall $15.63 $15.63 S18.25+2.19 $23.71+7.99 $13.39 $15.50+2.00 Re an ! $10.00 S12.00 $13.00+0.25 $11.26 $15.99 $$20.00 Real $12.00 $12.00 $13.00+0.25 $11.26 $15.99 $20.00 Weatherization Survey Existing Residential Wage Determination www.wdol. ov) Counties Weatherization Worker Doors & Windows Weatherization Worker HVAC! Furnace! Heating&Cooling Mechanic Carpenter Electrician dumber Red River $12.00 $12.00+0.46 $13.00+0.25 $10.86 $15.99 $20.00 i Reeves IS10,00 $12,00 $13.00+0.25 S11.26 $15.99 $20.00 Refu io $ii..00 $11.00 $18.75 S11.26 $15.99 $20.00 Roberts $15.63 $15.63 $18.75 $11.26 $15.99 $20.00 Robertson $12.00 $12.00+0.46 $15.00+0.29 $8.25 i $15.99 $20.00 Rockwall 510.00 $10.00 $15.00+0.29 $7.87 $7,79. $7.89 Runnels $12.00 S12.00+0.46 $13.00+0.25 $9.283 $10,415 $11.569 Rusk' $15.63 $15;63 $18.25+2.19 $11.26 1 $15.99 $20.00 Sabine $12.43 $12.43+0.23 $13.00+0.25 $8.00 , $9.48 $8.00 San Au us#ine $12.43 $12.43+0.23 $13.00+0.25 $12.92 $15.99 $20.00 San Jacinto 513.63 512.43+0.23 $18.25+2.19 $12.92 1 $15.99 $20.00 San Patricio $8.25+0.60 $17.13+0.37 $15.00+0.29 $8.00 $9.48 $8,00 1 San Saba S12,00 $11.25+0.74 $13.00+0.25 $7.25 $12.53+0.60+3.75% $7.25 Schackleford $12.00 $12.00+0.46 $13.00+0.25 $11.26 $15.99 $20.00 Schleicher $12.00 $12.00+0.46 $13.00+0.25 $11,261 $15.991 $20.00 Scurry S12.00 $12.00+0.46 $,13.00+0.25 $11.26 $15,991 $20.00 Shelby $12.43 $12.00+0.46 $13.00+0.25 $11.26 S15.991 $20,00. Sherman $15,43 1 $16.63 $18.75 $11.26 $15.99 $20.00 Smith $15.63 $15.63 $18.25+2.19 $12.92 $15.99 $20.00 Somerveil S12.00 $12.00+0.46 $13.00+0.25 $8.25 $15.99 $20.00 1 Stan' $10.42 $10.42 $13.00+0.25 $8.00 $8.50 g7.875 Stephens $12.00+0.32 $13.50 $13.00+0.25 $10.86 $15.99 ! $20.00 Sterlin ' $12,00 S12.00+0.46 $13.00+0.25 $11.26 S15.99 $20.00 I Stonewall $10.00 S10.00 $13.00+0.25 $11.26 $15.99 $20.00 Sutton $10.00 $12.00 $13.00+0.25 $11.26 $15.99 $20.00 1 Swisher $15.63 1 $15.63 $18.75 $11.26 $16.99 $20.00 Tarrant $13.50 $13.50 $13.00+0.25 S8.25 $15.99 $20.00 , Taoor $10.00 $12.00 $13.00+0.25 $11.26 $15,99 $20.00 Terrell $10.00 $12.00 $13.00+0.25 $8.25 $15.99 $20.00 Te $10.00 $10.00 $13.00+0.25 $9.315 $10.214 $10.687 ;l Throckmorton S10.00 $10.00 $13.00+0.25 $12.40 $19.13+5.93+4.25% $15.50+2.00 Titus $12.00 $12.00+0.46 $13.00+0.25 $11.26 $15.99 $20.00 Resolution No. 2010-RO118 STATE OF TEXAS COUNTY OF LUBBOCK AMENDMENT TO SERVICES AGREEMENT BETWEEN THE CITY OF LUBBOCK AND ARGUI.IIO HEATING & A/C This amendment to Agreement is entered into thisA_4ay of March, 2010 between the City of Lubbock, a Texas municipal corporation (hereinafter called "the City") and Arguijo Heating & A/C, a for -profit organization (hereinafter called "Contractor"). WHEREAS, the Contractor and the City have previously entered into an Agreement dated March 4, 2010 (hereinafter called "the Agreement"); and WHEREAS, the City and the Contractor hereby desire to amend said Agreement; and WHEREAS, subsequent to the execution of the Agreement, the Department of Labor issued an updated and revised Wage Determination; and WHEREAS, the newly issued Department of Labor Wage Determination is required to be incorporated into the Agreement and is a document related to the Agreement; NOW THEREFORE, the City and the Contractor hereby agree to amend the Agreement as follows: 1) Exhibit G-Request for General Wage Decision, as attached to the Agreement is hereby amended as follows: Exhibit G-General Wage Decision Number S2009-TX-001. 2) This amendment to the Agreement shall be effective upon execution. The remainder of the Agreement shall remain in full force and effect except as changed herein by the revised Exhibit G. CITY OF LUBBOCK:/ ARGUIWHEATINGA-A5) TOM MARTIN, MAYOR ERAPIO ARGUIJO, OWNER ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ph is Brown, Interim Director Co unity Development APPROVF4D AS TO FORM: Chad Weaver, Assistant City Attorney fcity of lu ock TEXAS Community Development DATE March 25, 2010 TO Tom Martin, Mayor FROM Bill Howerton, Jr., CD Director SUBJECT WAP ARRA Contract Amendment On March 4, 2010 City Council approved fourteen (14) contracts with general contractors for the Weatherization work to be performed. During the pre -construction conference with the Texas Department of Housing and Community Affairs we were made aware that the Department of Labor issued an updated and revised Wage Determination that is required to be incorporated into the agreement. The general contractors voted to approve the new wage determination. There will not be any additional funds or commitment by the City other than agreeing to accept and reimburse according to the new wage determination. Your signature is required on the; contract amen' Please let me know if you have any r- msion is 2300. NOTE: Ms. Garza: Per Amy Sims and review by Chad Weaver amendment did not require council action. Thanks. Joe Rangel Community Development 2309