HomeMy WebLinkAboutResolution - 2018-R0377 - Planks Heating And AC - 10/25/2018Resolution No. 2018-RO377
Item No. 6.7
October 25, 2018
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Service Contract No. 14277 for CEAP Service & Repair of
Existing Heating & Cooling Units and Installation of Portable A/C Units as per ITB 18-14277-
RR, by and between the City of Lubbock and Planks Heating and A/C, of Lubbock. Texas, and
related documents. Said Contract is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on October)5,2018
DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secre
APPROVED AS TO CONTENT:
Bill H❑ erton, Deputy Ci anager
APPROVED AS TO FORM:
�7"
K lli Leisure, Assistant City Attomey
ccdocs RES. Service Contract 14277 - CEAP Service and Repair of Existing Heating & Cooling Units
October 2, 2018
Resolution No. 2018-R0377
Contract 14277
City of Lubbock, TX
Contract for Services
CEAP Service and Repair of Existing Heating & Cooling Units and Installation of Portable Air
Conditioning Units
THIS CONTRACT made and entered into this 751h day of nctnh£r , 2018, by and between the
City of Lubbock ("City"), and Planks Heating and A/C, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Comprehensive Energy Assistance
Program Service and Repair of Existing Heating & Cooling Units and Installation of Portable Air
Conditioning Units and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the
execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and
delivery of the said CEAP service and repair of existing heating & cooling units and installation of
portable air conditioning units.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto
and made part hereof, Contractor will deliver to the City, "Service and Repair of Existing Heating &
Cooling Units and Installation of Portable Air", and more specifically referred to and described in
Bid form items One (1) through Sixty-four (64) on the bid submitted by the Contractor or in
specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the
work provided for in this Contract and to complete and finish the same according to the attached
specifications, offer, and teens and conditions contained herein.
3. The contract shall be for a term of one year, with the option of two, one year extensions, said date of
term beginning upon formal approval. All stated annual quantities are approximations of usage during
the time period to be covered by pricing established by this bid. Actual usage may be more or less.
Order quantities will be determined by actual need. The City of Lubbock does not guarantee any
specific amount of compensation, volume, minimum, or maximum amount of services under this bid
and resulting contract. The Contract must maintain the insurance coverage required during the term
of this contract including any extensions. It is the responsibility of the Contractor to insure that valid
insurance is on file with the Purchasing and Contract Management Department as required by
contract or contract may be terminated for non-compliance.
4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2)
performance of services ordered, or (3) termination of by either party with a 30 day written notice.
The City of Lubbock reserves the right to award the canceled contract to the next lowest and best
bidder as it deems to be in the best interest of the city.
5. Contractor shall at all times be an independent contractor and not an agent or representative of City
with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out
as, an agent or representative of City. In no event shall Contractor be authorized to enter into any
agreement or undertaking for or on behalf of City.
6. 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.
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. 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 OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability ❑ Other
❑ CIaims Made ® Occurrence
❑ WlHeavy Equipment
® To Include Products of Complete Operation Endorsements
COMBINED SINGLE LIMIT
General Aggregate 500,000
Products-Comp/Op AGG X
Personal & Adv. injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
PROFESSIONAL LIABILITY
❑ General Aggregate $
AUTOMOTIVE LIABILITY
®
Any Auto
❑
Scheduled Autos
❑
Non -Owned Autos
EXCESS LIABILITY
❑
Umbrella Form
GARAGE LIABILITY
❑ Any Auto
❑ All Owned Autos
❑ Hired Autos
❑ BUILDER'S RISK
❑ INSTALLATION FLOATER
❑ POLLUTION
❑ CARGO
® WORKERS COMPENSATION— STATUTORY AMOUNTS OR
Combined Single Limit
Each Occurrence 500 000
Each Occurrence
Aggregate
Auto Only - Each Accident
Each Accident Aggregate _
❑ 100% of the Total Contract Price
❑ 100% of the Total Material Costs
OCCUPATIONAL MEDICAL AND DISABILITY 50� 0.000
® EMPLOYERS' LIABILITY 50� 0.000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on AutolGeneral Liability on a primary and lion -contributory basis.
® To incicrde products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except
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
certificates) 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.
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, Director of Purchasing and Contract Management
City of Lubbock
1625 131h Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied
by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial
of liability by the insurance company exonerate the Contractor from liability.
Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests
accruing from this Contract without the written consent of the other.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of
Competent jurisdiction Furtlic-. the Citv ],-t 11- sLl icct to Fn3' arbitrnt!on ,process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative
and not exclusive, and may be exercised concurrently. To the extent of any conflict between this
provision and another provision in, or related to, this document, this provision shall control.
9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times, reserves the
right to audit Contractor's records and books relevant to all services provided to the City under this
Contract. In the event such an audit by the City reveals any errors or overpayments by the City,
Contractor shall refund the City the full amount of such overpayments within thirty (30) days of
such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the
City from any payments due Contractor.
10. All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of no appropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the contract, the City will
terminate the contract, 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 contract is spent, whichever event occurs first. If at any time funds are not
appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 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 contract beyond the date of termination.
11. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written
consent from the Director of Purchasing and Contract Management. Should consent be given, the
Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor
that complies with all contract Insurance requirements.
12. This Contract consists of the following documents set forth herein; Invitation to Bid No. 18-14277-
RR, Specifications, and the Bid Form. The original bid forms shall remain in the office of the Director
of Purchasing and Contract Management.
13. The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
14. Senate Bill 252 prohibits the City from entering into a contract with a vendor that is identified
Comptroller as a company known to have contracts with or provide supplies or services with Iran,
Sudan, or a foreign terrorist organization.
Intentionally left Blank
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the clay and year
first above written. Executed in triplicate.
CITY Or LTvnBOClti
Daniel M. Pope, Nkyor
ATTEST: JAC
2
Reb ca Garza, City Secretary
APPROVED AS TO CONTENT:
Bill Hoy�rtofi,` Deputy City
APPROVED AS TO
Kelli Leisure, Assistant City Attorney
CONTRACTOR
BY A Pd—Z�—�
Authorized Representative
Print Name
-2'7a 7 !nc —"J
Address
City, State, Zip Code
City of Lubbock
BID FORM
City of Lubbock, TX
ITH 18-14277-RR
CHIP Service and Repair of Erisliag Heating & Cooling Units and Imin] Intion of
Portable Air Conditioning Units
In camp] inn cc with the Invitation to Bid IS- 14277-RR, the undersigned Biddcr having examined the Invitation to Bid
and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing
the maleriA equipment, labor and everything ncccwmy for providing the items listed below and agrees to deliver said
items at the locrions and for the prices set forth on this farm. A hid will be subject to being considered irregular and
may be rejected if it shows omissions, alteraiium of form, conditional alternate bids, additions or alternates in lieu of
the items specified, if the unit prices are obviousTy unbalanced (either in excess of or below reasonably expected vaiues),
or irregularitirs of any kind. The Invitation to Bid 18-14277-RR is by reference incorporated in this contract The Bid
Form must be completed in blue or black ink or bytypewriter.
Unit
Unit
Extended
'Item
QTY
[+1-J
UIM
Description o tif Items
Cost
Materiah
Cost
Labor
Cost
-(A + B) x
(A)
(B)
QTV
1
5
EA
Call out fee to go out to home and assess repairs or to rci urn to
home to re -assess. (Only for occasions where no work can or
0
V,00
3 75
will be done).
2
15
EA
Existing Central Heat and A/C Servicing (Tune -Up); as
specified herein
`�.>
to ❑
q 4,75
3
Is
EA
Fumacc: Natwal Gas or Propane Servicing; as specified herein
4
15
EA
Furnace: Mcctric Servicing; as specified herein
4,
5
15
EA
Central A/C Servicing; as specified herein
7d
4, 0 4S
5
15
EA
Outdoor Condensing Unit (Tune Up); as specified herein
7
15
EA
All WulI Heaters: Servicing and Clean (Tune -Up); as specified
herein
O
8
15
EA
Vent Pipe Replacement; as specified herein
A 0a
Iso
;4 S
Window A/C Units: Evaporative Replacement From Exisling Or New Install
9
1
EA
Replacement from existing or new install as specified herein
for size: 3400- C.F.M.
100
a j o
1 05-
10
3
EA
Replace menl from existing or new ins Lail as specified herein21,65
ear 4400- C.F.M.
Q
3
sirs:
11
I
EA
Replacement from existing or new instal] as specified herein
70 D
, j
)1 S
For size: 5000- C.F.M.
City of Lubbodr
Unit
Unit
Extended
Item
QN
{+1--}
Ulm
Description of lterru
Coal
Materials
Cos!
Labor
Cost
=[A+ B) r
fA
13
QI
Evaporative Cooler. Service and Repair Existing Units
12
i0
EA
Rcpl= Evapondive water fan motor. for all size units).
110
0
13
10
EA
Service and repair as specified herein for sire: 3,400 CFM
p
�t
�G
'�'
�aa
14
10
EA
Service and repair ass tired herein for size: 4,400 CFM
1)0
CT
IS
10
EA
Service and repair as speciftcd herein for size: 5,000 CFM
Refrigerated Window A/C Unit: Replacement From Existing or New fn3tall
Replacement and/or installation as specified herein for size:
5,000 BTIJ
lti
16
EA
Replacement and/or installation as specified herein for size:
17
l0
EA
8,000 BTU
a (7
p ❑
4 ❑0-€
Replacement and/or installation as specified herein for size:
`t
I O,00OB1U
4 5
A CPO
!17�
18
25
EA
Replacement and/or installation as specified herein for sine:
12,000 BTU
SOS
Xc o
9 ,�
19
5
EA
Refrigerated A/C Window Units: Servicing, Clean and Repair;
as specified herein
s��
! Sd
)06,0
IO
3
EA
Rclum Air Area: Central System (as a"Repair' only); as
spmiftcd herein
45
17.26
21
15
EA
Heating & A/C. Smart Themtastat (as a "Repair" only); as
specified herein
ISO
']
7, -
22
I5
EA
Duc1 Work: Install and/or Replace all new, supply and returns
(as a "Repair" only); as specified hensin
ISO
d
3 ed er
23
15
EA
Duct Soling: Supply locations (as a "Repair:' only); as
specifted herein
77
24
15
EA
Duct sealing; Main Plenum and Trunkline Only (as a "Repair"
only); as specified herein
/ d
SIR
25
15
EA
Duck work: supply and/or Main Plenum Repair only; as
specified herein
449
bo
l��d
25
15
EA
Refrigerated Window A/C Unit: Replacement From Existing or New install
Replace the Outdoor Condensing unit coils (all models) up to
{ad
I
3 Jr Q
4��
21
1
EA
4 ten maximum.
Unclog condensate drain lines. Repair, if necessary leaking
28
20
EA
condensate drain Iine
City of Lubbock
Bid ITB 1a-142T7-RR
Unit
Unit
Extended
Item
Qn
(+/-y
UIM
Description of Items
Cost
materisis
Cost
Labor
Cost
=(A +B) x
(A
8
TY
coo
3PD
t� S-d D
29
10
EA
Rev]ace the A/C Compressor and the line 4lter drier.
7,5
L d d
30
i
rA
Rep lace the A/C lint filter dryer onl
.�
c�o�
!
-ISO
0 0
1 x 'S
31
10
EA
Replace the AIC Compressor Onl
Furnish and install crankcase healer, (all models). Follow all
7.5
1 A5
32
1
EA
manufaclurcr instruction forappricabilily
]
33
10
EA
REplace the Outdoor Fan motor on the existing condenser.
Replace the fan blades on the outdoor condenser ran motor.
j gj
5
Lr ?a
4
'
34
10
EA
Replace or instal Ithe to to the outdoor condensing unit
35
1
EA
R cp lace the indoor bluwer fan oneentraI unit
36
10
EA
Replace the Indoor Eva . Coil and the Blower Motor
'7
C,
'' ` o o
37
I0
EA
Rcnlaec the Indoor Coil Only.
r 7 J
c� d
Q
°77 S`� �
38
10
EA
Re lack the Blower Motor Only
3.5
5
Q
39
1
EA
Add q . licnble refrieerent to the existing strut (Per lb.)
40
10
EA
Refaieerant Recovery and/or disposal (per lb.).
Furnaw: Replacc the drafl inducer motor and inducer fan
1 ,-5CQ
41
10
EA
assembly.
P'
Lfw
S
)t] a'
42
20
EA
Replace electronic ignitor
�
43
20
EA
Replace furnace flame sensor
j
uZr
44
20
EA
Clean and re -install flame sensor
+
d30
70
45
10
EA
Rcolace the circuit board on the central HVAC systcm.
46
1
EA
Replace fuse on the circuit board
89
47
10
EA
Rc lace electronic gas valve. (Central Furnace)
City of Lubbock
Unit
Unit
Extended
Item
QCost
T 1
Ulm
Description of items
Coshtai stale
Labor
=(+ Cost) x '
4A
B
TY
"smart"
40 °
7S,o
4$
10
EA
Rc lass: electronic ans valve
U 5
49
10
EA
electronic gas valve (wall heater)
;, o o
I so
3� 5° c
50
10
EA
Replace fan and fan motor on 65K BTU forced air wall heaters
/
51
1
EA
Replace flue gass ill switch
52
1
EA
Replace transformer
Rcpl= the Copper Line S4 (Refrigeration Lines) properly
v' IS
Id
It r
53
10
EA
insulated.
$
r' Jr
r�
`11
54
1
EA
Replace time delay relay
.J
Y_
55
E
EA
Replace AIC service Dort valve
56
l
EA
Replace condenser contactor switch
1 p tT o
57
10
EA
Rc lace Standard Tvac Thcrmostot
'S
ISO
7 5�
�7s o
58
l0
EA
Replace Proewmable Thermostat,
59
10
EA
Replace Heat Pum thcnnostat.
IS
O
60
10
EA
Rcwirc and reinstall cxisting thermostat
`
61
14
EA
Re lace the Start Capacitor and Run capacitor on the system
Replace the outdoor disconnect box, quick -pull disconnect and
�Q
+ a d
5p C__
62
10
EA
line whip to the t:u9stint; stem.
`
Electrical: Properly breaker the AIC with the proper size os
f v Q
4 j
�A d
63
10
EA
mouired by the manufacturer
Combustion Air for Fumaue Closet Servicing, as speciRcd
06
100
0� r
��
64 1
10 1
EA
herein.
S j 9`7 ��•�
Total items (1-64)
_off
(1n case of discrepancy, the unit price shall govern.)
City of Lubbock, TX
ITS 18-14277-RR
CEAP Service and Repair of Existing Heating & Cooling Units and Installation of Portable Air
Conditioning Units
Specifications
1 INTENT
1.1 The City of Lubbock has issued this Invitation to Bid (ITB) because the City is seeking a contract for
Comprehensive Energy Assistance Program (CEAP) Service and repair of existing heating & cooling
units and installation of portable air conditioning units with one or more contractors. In order to assure
adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products
desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this
bid; however, is an option reserved by the City, based on the needs of the City. Interested Contractors
must complete the bid form and submit it along with the other required documentation.
l.2 The information contained within this document is intended to provide interested firms with the
requirements and criteria that will be used to make the selection. .
2 SCOPE OF WORK & GENERAL REQUIREMENTS
2.1 Bidders are asked to refer to the bid fonn for specif cations and general requirements for the project.
2.2 The Contractor shall comply with the U.S. Department of Energy and U.S. Department of Health and
Human Services and Texas Department of Housing and Community Affairs — Energy Weatherixation
Assistance Program (policies and procedures). Copies of these manuals are available upon request.
3 AWARD OF CONTRACT
3.1 The contract shall be for a term of 2 years, with the option of one (1), one (1) year extension,
said date of term beginning upon formal approval. All stated annual quantities are
approximations of usage during the time period to be covered by pricing established by this
bid. Actual usage may be more or less. Order quantities will be determined by actual need. The
City of Lubbock does not guarantee any specific amount of compensation, volume, minimum,
or maximum amount of services under this bid and resulting contract. The Contract must
maintain the insurance coverage required during the term of this contract including any
extensions. It is the responsibility of the Contractor to insure that valid insurance is on file
with the Purchasing and Contract Management Department as required by contract or contract
may be terminated for non-compliance.
4 PROJECT START
4.1 The Contractor shall initiate the work upon issuance of the Notice to Proceed by the Director of
Purchasing and Contract Management.
MKIh►121100.1ECINN-Huy I V
5.1 Completion time for each task assigned shall be determined mutually by the awarded Contractor and
Coordinator of CEAP Services.
6 TERMINATIONS FOR DEFAULT
6.1 After a set completion time has been agreed upon and rendered into writing for each task and if
Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City of Lubbock may terminate the contract, in whole or in part, upon
written notice without penalty to the City.
7 GENERAL REQUIREMENTS
7.1 The Contractor acknowledges that he has received and carefully examined the attached
General Specifications for ELIGIBLE C.E.A.P. - E.C.P. WORK ITEMS listed individually.
7.2 LEAD BASED PAINT: Use Safe Work Practices
7.3 The Contractor proposes to famish all materials and accomplish all work described herein in
7.4 Please complete and return the work item list for the Eligible Comprehensive Energy Assistance
Program (C.E.A.P.) Component: Energy Crisis Program (E.C.P.).
a. All Lead Renovation, Repair, Remodeling Rules apply.
b. Please Round to the Nearest Dollar.
S BID FORM EXPLANATIONS
HEATVI G AND AIR CONDITIONING SYSTEMS
EXISTING CENTRAL HEAT AND A/C: SERVICE EXISTING (TUNE-UP)
Return Air — Clean out the return air area. Seal up as much of the wall cavities as can be reached. Provide
additional return air for the system, including ducts if necessary.
FURNACE. NATURAL GAS. PROPANE OR ELECTRIC
Gas — Service the heating unit by cleaning the heat exchanger/burner compartment and cabinet. Reconnect
gas valve and flex line to system, Leak Free. Hard pipe the gas line from the furnace gas valve to outside
of the furnace cabinet, then connect the flex gas line to the cut-off valve. Operate the furnace and render
in proper and safe operation.
Electric — Clean all furnace cabinet. Check all electrical terminal connections and ensure all connections
and ensure all connections are made proper and tight. (any wire -splices are to be placed inside junction
boxes)
Operate the furnace and render in proper and safe operation.
CENTRAL AIC:
Capture the a/c refrigerant and remove the indoor a/c coil over the furnace. Power clean the coil with a
cleaning agent recommended for this use. Re -install the indoor coil over the furnace. Seal all joints with
MASTIC and/or Approved Foil tape. Connect the refrigeration line set. Pressure up to the proper operating
pressures as listed by the manufacturer.
Check for leaks. Ensure "LEAK FREE" connections. ENSURE THAT THE REFRIGERATION LINE
IS ALL INSULATED.
Ensure that the electrical disconnect is properly wired in and weather protected. Check to ensure that the
a/c is properly breaker protected. BREAKER PROTECTION.
At the electrical panel box, independently, sized recommended by the equipment listing. Operate the
central a/c and check air supply temperatures and return air temperatures.
Industry standards state acceptable air temperature to be between 15-20 degrees differences from supply
to return air, with 20-degree difference being the best / OPTUVfUM.
OUTDOOR CONDENSING UNIT (TUNE LIP): Cut / remove any vegetation away from the unit.
Ensure that the unit is at least 3" off from the ground / grade. Include installing a new condenser pad (if
necessary).
POWER CLEAN the outdoor condenser COILS.
ALL WALL HEATERS: SERVICE AND CLEAN (TUNE-UP)
Service by cleaning the burners and the thermocouple. Check ALL the vent flue pipe and ensure proper
venting, all the way out over the roof. Ensure the vent terminates at least 12" over the roof. Operate the
furnace and check for proper and safe operation.
VENT PIPE REPLACEMENT: Replace the vent pipe from the heating system location and terminate
❑ver the roof. Ensure that all joints are fastened in place. OVER THE ROOF, include a NEW FLASHING
(if necessary) Include a new rain collar and rain cap. Flashing, install below shingles and seal ALL visible
nail heads with silicone sealant.
APPLIES TO ALL APPLIANCES REQUIRING VENTING. (Wall heaters, central heaters, etc.)
WINDOW A/C UNITS: EVAPORATIVE REPLACEMENT FROM EXISTING OR NEW
INSTALL: Remove the old evap. Cooler unit and haul off to code legal dump, Replace the
EVAPORATIVE window unit AND/OR Roof top unit in each window / location specified. Complete
installation is to include installing
WEATHER-PROOF materials on each side of the window opening not covered by the window unit.
Include sealing the window sash with backer insulation or other materials used to seal that is not a
permanent installation. (DO NOT USE EXPANDO-FOAM) On the roof top units, install new flashing
and seal the base perimeter with TAR ROOF
COATING/SEALER: Include all the parts necessary for the essential operating requirements, such as;
PADS, Water float, water line with water valve attachment, water pump, motor, water supply lines. Over
the pads.
SECURE THE WATER LINE IN PLACE AND ROUT WATER LINE TO PROTECT FROM
PHYSICAL DAMAGE. Provide a cover for the front air diffuser to seal when not in use (WINTER
TIME). Connect the unit to an approved outlet as per the MANUFACTURERS' RECOMMENDATIONS.
Provide a stand (metal or pre-treated wood) if necessary. INSTALL PLUMB AND LEVEL. Provide
chains secured to the window trim or wall for added stabilization, if necessary.
EVAPORATIVE COOLER: SERVICE AND REPAIR EXISTING UNITS: All units Window and
Roof Top Units ALL SIZES: Service and repair is to include: Replacing the pads, float and the water
pump. Oil the fan bearings. Empty out and clean the interior water pan. COAT THE INTERIOR WATER:
PAN WITH TAR SEALANT or OTHER SEALANT to help prevent further RUSTING. Check the water
supply line and water valve. Valve connection at the exterior hose bibb should be leak free. Secure the
water line in place, re-route line to protect from physical damage. Render the water line, water pan -
LEAK FREE. ROOF TOP UNITS: Include RE -SEALING all of the metal flashing at the duct -roof
penetration, void of any open gaps and cracks. All the electrical should be placed in weather-proof
materials.
REFRIGERATED 'WINDOW A/ C UNIT REPLACEMENT AND 1 OR INSTALL: Remove the
existing / old window unit and haul off to code legal dump. Replace the refrigerated window unit in each
window I location specified. Complete installation is to include installing WEATHER-PROOF materials
on each side of the window opening not covered by the window unit. Include sealing the window sash
with backer insulation or other materials used to seal that is not a permanent installation.
(DO NOT USE EXPANDO-FOAM) Provide a cover for the Front air diffuser to seal when not in use
(WINTER TIME). Connect the unit to an approved outlet as per the MANUFACTURERS'
RECOMMENDATION, Replacement MUST BE "ENERGY STAR" rated (IF AVAILABLE). (10.8 -
E.E.R. OR BETTER) Render the window unit in SAFE AND PROPER OPERATING CONDITION.
WARRANTY LABOR AND MATERIALS FOR 1-YEAR and materials may have additional warranties.
Supply all warranty information to homeowner.
REFRIGERATED A/C WI1NQ0W UNITS: SERVICE, CLEAN AND REPAIR Clean and service
should include: Clean the fan coils, brush out the fins -straight. Include properly sealing each side, top and
bottoms of the windows. Check For proper installation, properly secured in place. Ensure that the unit is
slightly leaning OUT -WARD for condensations run-off.
RETURN AIR AREA: CENTRAL SYSTEM [AS A "REPAIR" ONLY) Clean out the central system
return air area. Seal off all the interior wall cavities. Seal all joints (walls, floors and platform) with mastic
sealant. Ensure that the return is large enough For the system installed.
HEATI�i iG & A/C: SMART THERMOSTAT (AS A "REPAIR" ONLY) Purchase and install a Smart
thermostat, that is Digital and programmable. Educate the Client On Functionality. It is not warranted, if
Clients cannot be adequately trained.
DUCT WORK: INSTALL AND/OR REPLACE ALL NEW, SUPPLY AND RETUILNS (AS A
"REPAIR" ONLY) Duct tape NOT ALLOWED for securing ducts. All ducting is to be new unless
otherwise specified by the inspector. All ducts, plenum and register boxes are to be INSULATED (R - b
or BETTER). Any tap made into a plenum or trunkline is to be made "AIR TIGHT" and with a start collar.
All flex duct connections are to be made with duct ties and approved HVAC TAPE AND MASTIC.
Register boxes are to have SHEET METAL ELBOWS, screwed and taped. Plenum connections made to
the furnace shall be "AIR TIGHT" and taped. All new plenums and trunklines must be of DUCT BOARD
and shall be STAPLED and TAPED. Include all air registers to all rooms, including bathrooms.
(AIR REGISTERS ARE TO HAVE DAMPER CONTROLLED AIR FLOW), Include Properly sized
return air. Mobile Home Type and/or Home with Attic (Bidder will supply drop)
DUCT SEALING: SUPPLY LOCATIONS AS A "REPAIR" ONLY Seal duct work in the attic by
pulling insulation away from the duct -boot, seal all the duct boot, seal all the duct boot with MASTIC
SEALANT, re -secure duct insulation with Zip -Ties. Mobile Home Type and/or Home with Attic (Bidder
will supply drop)
DUCT SEALING: NIAI i PLENUM AND TRUCKLINE ONLY (AS A "REPAIR" O\`LY) Main
Plenum & Truck Line Seal the main plenum from the top of the furnace all the way up into the attic,
include the horizontal duct -trunk line.
Seal all duct penetrations with MASTIC SEALANT and all trunkline joints and seams. DO NOT SEAL
WITH DUCT TAPE.
Mobile Home Type and/or Home with Attic
(Bid is for every 1-linear foot of main Plenum and Trunkline)
DUCT WORK: SUPPLY ANTI/OR MAIN PLENUM — REPAIR ONLY: Repair duct work (supply
and/or return) by re -securing duct work in place. Re -connect to supply and/or return boot or plenum
connections. Ensure all connections to be "AIR -TIGHT" and properly sealed.
Mobile Home Type and/or Home with Attic (Bid Per Duct Location)
COMBUSTION AIR FOR FURNACE CLOSET SERVICING
Seal off the louvers on the interior side of the door by installing plywood, duct board, sheetrock, or
other materials. This material should be mechanically fastened (Screwed in Place). Install tape / foil at
the perimeter seams. Provide combustion air either a 1 or 2 pipe method. (2-pipe method): Install 1-pipe
within 12" of the closet ceiling. On the attic side, the pipe must terminate at least 24". The second pip
(2) must be within 12" of the closet floor. The attic side must also terminate at least 24" above the attic
floor. Secure the combustion air pipes in place by Mechanically Fastening. Caulking alone is not an
acceptable means of secure in place. Draw fresh air from the attic of the crawl space. Attic and/or
Crawl Space should have adequate venting. Electrical: Properly breaker the A/C, Heat Pump with the
proper size as required by the manufacturer.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OFFICE OF LABOR RELATIONS
FEDERAL LABOR STANDARDS PROVISIONS
form HUD-4010
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (1) Minimum Wages. 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 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 I(b)(2) of the Davls-Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(lv); 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 tc skill, except as provided in 29 CFR 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
29 CFR 5,5(a)(1)(ii) 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.
(11) (a) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be
emRioyed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor 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 HUD or its designee 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 HUD or its designee to
the Administrator of the Wage and Hour Division.
Employment Standards Administration, U.S. ❑epartment of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under ❑MB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
the views of all interested parties and the recommendation
of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, 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.
(ill) 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
form HUD-4010 (06l2009)
Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under in 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. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140 )
2. Withholding. HUD or its designee 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, all or
part of the wages required by the contract, HUD or Its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may he
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts
withheld for end on account of the contractor or
subcontractor to the respective employees to whom they
are due The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act
contracts.
3, (1) Payrolls and basic records. Payrolls end basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for ell laborers end
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 Vb)(2)(B) of the Devis-bacon Act} Bail and
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 rattos and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(11) (a) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all
payrolls to HUD or Its designee 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
HUD or its designee. 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 Farm WH-347 is available for this purpose from
the Wage and Hour Division Web site at
h f / wvf,dol. ov/esaA%,hdlform / •h3471 sir hfm or its
successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors end subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or its designee 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
HUD or its designee, 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 subparagraph 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 HUD or its designee. (Approved by the Office of
Management end Budget under OMB Control Number
y 1215-0149 )
weekly number of hours worked, deductions made and (h) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance.- signed by the contractor or
found under 29 CFR 5.5 (a)(1)(M that the wages of any subcontractor or his or her agent vrho pays or supervises
laborer or mechanic include the amount of any rests the payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following;
or program described in Section 1(b)(2)(B) of the Davis- (1 ) That the payroll for the payroll period contains the
Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5
show that the commitment to provide such benefits is
enforceable that the plan or program is financially under
the appropriate information is being maintained
under 29 CFR 5.5{a)t31(ij, and that such information Is
responsible and that the plan or program has been correct and complete:
Previous edRions are obsolete form HUD-4010 (0612009)
Page 2 of 5 ref. Handbook 1344.1
(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 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 an the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by subparagraph
A.3.(J)(b).
(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.
(Iti) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee 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, HUD or its designee
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 5A2.
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 shell
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
Previous editions are obsolete
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. to 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.
(11) Tr atnaes. 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 fisted 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
Page 3of5
torm HUD-4010 (DBM09)
ref. Handbook 1344.1
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the 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.
(111) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
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 will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, 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 this
paragraph.
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 HUD or
its designee, the U.S. Department of Labor, or the
employees or their representatives.
t0. (1) Certification of Eligibility. 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) or to be
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(11) 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(s) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24.
(ill) The penalty for making false statements is prescribed
in the U.S. Criminal Cade, 16 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions', provides in
part: "Whoever, for the purpose of . . . Influencing in any
way the action of such Administration..... makes, utters or
Publishes any statement knowing the same to be false.....
shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
it. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount or the
prime contract exceeds 5100,000. As used in this paragraph, the
terms 'laborers' and "mechanics" include watchmen and guards.
(I) Overtime requirements. No contractor or subcontractor
contracting for any part or the contract 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 the
individual is employed on such work to work in excess of 40 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 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, 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
subparagraph (1) of this paragraph, 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 or 40 hours without payment
or the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
Previous editions are obsolete form HUI]-4010 (0612009)
Page 4 of 5 ref. Handbook 113441
t3j Withholding for unpaid wages and liquidated
damages. HU❑ or its designee 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 vkrork performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract.
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
subparagraph (2) of this paragraph-
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1 ) through (4) of this paragraph 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 loner tier subcontractor with the clauses
set forth In subparagraphs (1) through (4) of this
paragraph.
C. HaaIth and Safety. The provisions of this paragraph C are
apptice bla where the amount of the prime contract exceeds 5100,000.
11 j No laborer or mechanic shall be required to work In
surroundings or under working conditions which ere
unsanitary, hazardous or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation,
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54. 63 Stat 96). 40 USC
3701 at sea.
(31 The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions
Previous editions are obsolete forth HUD-4010 (M2009)
Page 5 of 5 ref. Handbook 1344.1
ELECTRONIC CODE OF FEDERAL REGULATIONS
Title 29. Labor
PART 5—LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND
ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS
SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT)
Subpart A--Davis-Bacon and Related Acts Provisions and Procedures
§5.5 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 §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 §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, 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 benefilts or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the D"s-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)(N) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the
Davis -Bacon Act, the contractor shall maintain records which show that the 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 identitying 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:llwww.doLqovlesalwhdlformslwh347instr.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 §5.5
(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §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 submitthe 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
subcontractors 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, fminnp rate who is not registered and partir;inatino in a traininri elan sporoveri by
the Employment and Training Administration shall be paid not less than the applicable wage rate on the
wage determination forthe 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 (13) 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.
(1 a) 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 contractors 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 Flours and Safety Standards Act. The Agency Head shall cause or require the
contracting offrcerto insertthe 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 §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
'E; rr l7- •r0 n rrforry,
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 $26 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 andliquidated 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 §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, recardkeeping, and reporting requirements contained in the following paragraphs of this section
were approved by the Office of Management and Budget:
Paragraph
OMB
Control No.
1235-0023
(a}(1)(ii)(C)
1235-00023
W(Viv)
1235-0023
(a)(3)(i)
1235-(1t;223
(a)(3)(H)(A)_ 1235-0023
-
12 35-00D3
(c) 1235-0023
[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 69693, Nov. 20, 2000; 73 FR 77511, Dec. 19, 2008; 81 FR 43450,
July 1, 2016; 82 FR 2225, 2226, Jan. 9, 2017; 83 FR 12, Jan 2, 20181
Contractors Signature: _ Date: L� —� ~�
DAVIS-BACON WAGE DETERMINATIONS
EXHIBIT A
General Decision Number: TX180274 01/05/2018 TX274
Superseded General Decision Number-: TX20170274
State: Texas
Construction Type: Residential
Counties: Crosby and Lubbock Counties in Texas.
RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 4 stories).
Note: Under Executive Order (EC) 13658, an hourly minimum wage
of $10.35 for calendar year 2018 applies to all contracts
subject to the Davis -Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the Ea, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.35 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above --mentioned types
of contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but it does not apply
to contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a){2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dcl.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
* ELEC0602-004 09/01/2016
Rates Fringes
Electrician ....................$ 21.31 3%+9.05
----------------------------------------------------------------
SUTX2009-180 06/03/2009
Rates cringes
CARPENTER ........................$ 11.76 0.00
LABORER: Common or General ...... $ 7.59 0.00
PAINTER: Brush and Railer ....... $ 9.13 0.00
PLUMBER ..........................$
15.50
2.00
ROOFER ...........................$
9.35
0.00
SHEET METAL WORKER ...............$
10.88
0.00
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gcv/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
{29CFR 5.5 (a) (1) (ii)) .
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number.,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. L•A indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be.
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour ❑ivision letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S_ Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL ❑ECISION
EXHIBIT B
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor
Standards Act.
EXHIBIT C
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number;
201"11339
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Planks A/C & Heat
Lubbock, TX United States
Date Filed:
10/0412018
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
10/05/2018
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract
14277
heat a/c install and repair
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
x
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) [zip code] (country)
I declare under penalty of perjury that the Foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
[decrarantJ
rorms provioeo oy t exas tmtcs r;ommission www.etmcs.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-411339
Planks A!C & Heat
Lubbock, TX United States
Date Filed:
10104/2018
2
Name of governmental entity or state agency that is a parry to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract-
14277
heat atc install and repair
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
x
6
UNSWORN DECLARATION
p
My name is.� �r+�`� N� , and my date of birth is
My address is c I 'S �''te -Ty , L I t' 17 L4 .
(street) (city) (state) (zip code) (country)
I declare underpenalty of perjury that th1e foregoing is true and correct.
4 r� �/
Executed in C Pr County, State of L —�^ n —,onthe_Lt day a( 20
(month) (year)
Signature of authorized agent: of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.stateAms version V1.u.btil