HomeMy WebLinkAboutResolution - 2014-R0242 - Contract - Planks A/C-Heat - CEAP Service And Repair - 07/10/2014RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Contract No. 11866 for CEAP service and repair of
existing heating & cooling units and installation of portable air conditioning units, per ITB 14-
11866 -TF, by and between the City of Lubbock and Planks A/C - Heat, of Lubbock, TX, and
related documents. Said Contract is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on
ATTEST:
( -5K-
Re t! ca Garza, City Secreta
t'�
APPROVED AS TO CONTENT:
Bill 1-194 ev`ton, Assis City Manager
APPROVED AS TO FORM:
Mitchel ite, Assiidht City Attorney
RES.Contract-Planks AC - Heat
6.5.14
Contract 11866
City of Lubbock, TX
Contract for Services
For CEAP Service and Repair of Existing Heating
& Cooling Units and Installation of Portable Air Conditioning Units
THIS CONTRACT made and entered into this loth day of July, 2014, by and between the City
of Lubbock ("City"), and Planks A/C - Heat, of Lubbock, TX, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Comprehensive Energy
Assistance Program (CEAP) 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 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 the City's specifications, the required contract provisions, and the
Contractor's bid, copies of which are attached hereto and made part hereof, Contractor
will deliver to the City, CEAP service and repair of existing heating & cooling units and
installation of portable air conditioning units and more specifically referred to as items
one through twenty-two on the bid submitted by the Contractor or in the 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 terms and conditions contained herein.
3. The Contractor shall perform the work according to the procedures outlined in the Bid
Form and Specifications attached hereto. The contract shall be for a one-year period from
the date of notification of acceptance, and may, by mutual agreement, be renewed at the
same terms and conditions for an additional one-year term. 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.
4. This contract shall remain in effect until the expiration date, performance of services
ordered, or termination of by either party with a 30 day written notice. Such written
notice must state the reason for cancellation. 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. 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.
7. 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.
8. The Cit,_;y 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. Further, the City shall not be subject to any
arbitration 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. 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 nonappropriation 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.
10. 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.
11. This Contract consists of the following documents set forth herein; Invitation to Bid No. 14-
11866 -TF, Specifications, and the Bid Form.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
CITY 0 LUBBOC
(L�
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Jim Ge , Mayoi Pro Tem
ATTEST:
A—
Retca Garza, City Secre
APPROVED A TO CONTENT:
Bill Hoy rt ri, Assistant C' T Tanager
M, out
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CONTRACTOR
BY C
Authorized Representative
e'Hfl PZ
Print Name
Address
17x ?qY-OV
City, State, Zip Code
City of Lubbock, TX
ITB 14 -11866 -TF
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.
1.2 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 form for specifications 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 Departirent of Housing and Community Affairs — Energy Weatherization
Assistance Program (policies and procedures). Copies of these manuals are available upon request.
3 AWARD OF CONTRACT
3.1 The contract may be awarded to multiple responsive, responsible bidder(s) whose bid(s) conform to the
solicitation and are most advantageous to the City of Lubbock.
3.2 The Contract shall be for a one-year period from the date of notification of acceptance, and may, by
mutual agreement, be renewed at the same terms and conditions for an additional one-year term. 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.
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.
5 COMPLETION TIME
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.
City of Lubbock, TX
ITB 14 -11866 -TF
CEAP Service and Repair of Existing Heating & Cooling Units and Installation of Portable Air
Conditioning Units
Specifications
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 furnish 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.
REQUIRED CONTRACT PROVISIONS
The following contract provisions or conditions are required by Texas Department of Housing and
Cominunity Affairs (TDHCA) on all procurement contracts and subcontracts for the Comprehensive
Energy Assistance Program and Weatherization Assistance Program.
I. Administrative, Contractual or Legal Remedies
In instances where the Contractor violates or breaches this Contract the City may apply administrative,
contractual or legal remedies. The City may suspend all activities temporarily pending either corrective
action by the contractor or a decision by the City to tenninate this contract.
II. Suspension or Termination
The City may terminate this contract, in whole or in part, at any time City determines that there is
cause for termination including but not limited to the following circumstances:
1. If Contractor neglects to execute the Work properly, in a timely manner, refuses to supply
proper or sufficient materials or workmanship, or fails to perform any provisions of the contract.
2. If Contractor is adjudged bank? ipt, makes a general assignment for the benefit of his creditors,
or if a receiver is appointed of in,olvency.
3. If Contractor fails to make prompt payment to any Subcontractor and supplier for material or
labor,
4. If Contractor commits continual violation of public laws or ordinances.
Ill. Non-discrimination and Equal Opportunity
No person shall on the ground of race, color, religion, sex, national origin, age, disability, political
affiliation or belief be excluded from participation in, be denied the benefit of, be subjected to
discrimination under, or be denied employment in the administration of or in connection with any
program or activity funded in whole or in part with Rinds made available under this contract.
1V. Labor Standards
The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with
the Copeland "Anti -Kickback" Act (40 U.S.C.276a-276a-5; 40 U.S.C. 327 and 40 U.S.C. 26c) and all
otherapplicable Federal, state and local laws and regulations pertaining to the labor standards insofar as
those acts apply to the performance of this contract.
V. Reporting and Patent Rights
Contractor shall abide by all requirements and regulations pertaining to the reporting and patent rights
involving research, developmental experimental, or demonstration work, with respect to any discovery
or invention which arises or is developed in the course of satisfying the teens of this agreement.
VI. Indemnitv and Release
Contractor shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and
City's representative officers, employees, elected officials and agents, from and against any and all
losses, damages, claims or liabilities of any kind or nature, which arise directly or indirectly, or are
related to, in any way, manner or form, the activities contemplated hereunder.
VII. Conflict of Interest and Nepotism.
Contractor covenants that neither it nor any member of its governing body presently has any interest or
shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the
performance of this contract. Contractor further covenants that in the performance of this contract no
person having such interest shall be employed or appointed by contractor.
No person (1) Who is an employee, agent, consultant, officer, or official of the contractor and who
exercises or has exercised any fiinctions or responsibilities with respect to assisted contract activities;
or (2) Who is in a position to participate in a decision making process or gains inside information with
regard to such activities may obtain a personal or financial interest or benefit, direct or indirect, in any
contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for
themselves or those with whom they have familiar or business ties, during their tenure.
F' c:, aL uor's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or
ail%I tiin� of monetary value from subcontractors, or potential subcontrawors
VIII. Sectarian Activity
Contractor shall ensure that no funds under this contractor are used, either directly or indirectly, in the
support of any religious or anti -religious activity, workshop or instruction.
XI. Prohibit Political Activitv and Lobbying
None of the funds provided under this contract shall be used for influencing the outcome of any
election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to
prevent any official or employee of Contractor from furnishing to any member of its governing body
upon request, or to any other local or official not considered under law to be confidential information.
Any action taken against an employee or official for supplying such information shall subject the
person initializing the action to inunediate dismissal from employment.
No funds provided under this Contract may be used directly or indirectly to hire employees or in any
other way fund or support candidates for the legislative, executive or judicial branches of government
of Contractor, State of Texas, or the government of the United States.
None of the fiends provided under this contract shall be paid to any official or employee who violates
any of the provisions of this section.
XII. Prevention of Waste. Fraud and Abuse
Contractor shall establish, maintain, and utilize internal control systems and procedures sufficient to
prevent, detect, and correct incidents of waste, frauds, and abuse in WAP or CEAP and to provide for
the proper and effective management of all program and fiscal activities funded by this contract.
Contractor's internal control systems and all transactions and other significant events must be clearly
documented and the documentation made readily available to review by department.
Contractor shall give City complete access to all of its records, employees, and agent for the purpose of
monitoring or investigating the Weatherization / CEAP programs. Contractor shall fully cooperate with
the department's efforts to detect, investigate and prevent waste, fraud, and abuse. Contractor shall
immediately notify the City of any identified instances of waste, fraud, or abuse.
Contractor may not discriminate against any employee or other person who reports a violation of the
terms of his contract or of any law or regulation to Department or to any appropriate law enforcement
authority, if the report is made in good faith.
XIII. Changes and Amendments
Any alterations, additions, or deletions to the terms of this contract which are required by changes in.
federal law and regulations or stature are automatically incorporated into this contract without written
administrative code amendment hereto, and shall become effective on the date designated by such law
or regulation.
Except as specifically authorized by the agency in writing or otherwise authorized by the ten -ns of this
contract and any alterations, additions, or deletions to the terms of this contract shall be amended
hereto in writing and executed hereto in writing and executed hereto in writing and executed by both
parties to contract.
XIV. Legal Authority
Contractor represents that it posses the practical ability and the legal authority to enter into this
contract, receive and manage the fiords authorized by this contract, and to perform the services
Contractor has obligated itself to perform trader this contract.
The person signing this contract on behalf of contractor hereby warrants that he/she has been
authorized by Contractor to execute this contract on behalf of Contractor and to bind contractor to all
terms herein set forth.
XV. Access to Records
The Contractor shall furnish and cause each of its subcontractors to furnish all information and reports
required hereunder and will pernlit access to its books, records and accounts by the City, State or its
agent or other authorized Federal officials for purposes of investigation to ascertain compliance with
the rules, regulations and revisions stated herein.
XVI. Records to Maintain
Contractor shall maintain all records required by the State of Texas Department of Housing and
Coni comity Affairs, and that are pertinent to the activities to be funded under this Contract.
Retention
Contractor shall retain all records pertinent to expenditures incurred under this Contractor for a period
of five (5) years after the termination of all activities fimded under this Contract, or after the resolution
of all State and audit findings whichever occurs later.
XVII. Clean Air and Clean Water Act
The Grantee agrees to comply with the following requirements insofar as they apply to the
performance of this contract. Clean Air Act, 42 U.S.C., 701, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 125 1., as amended, 1318 relating to
inspection, monitoring, entry, reports and information, as well as other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued thereunder.
En in imental Protection Agency (EPA) regulations pursuant to 40 C.F P- Part 50, as amended.
XVIII. Non-discrimination
No person shall, on the ground of race, color, national origin, or sex be excluded form participation in,
be denied from the benefits of, or be subjected to discrimination under any program or activity funded
in whole or in part with funds made available under the contract.
Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1990,
or with respect to an otherwise qualified disabled individual as provided in section 04 of the
Rehabilitation Act of 1973, shall also comply to any such program or activity.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OFFICE OF LABOR RELATIONS
FEDERAL LABOR STANDARDS PROVISIONS
form HUD -4010
Federal Labor Standards Provisions
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 Davis -Bacon Act on behalf of
laborers o+ mechanics are considered wages paid to such
laburei,;. cs in •-hauics, subject to the provisions of 29 CFR
;tt:v) eiso. regular contributions made or costs
incurred "v! more than a weekly period (but not less often
then quar'erly) under plans, funds, or programs, which
co%cr 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 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
employed 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.
U.S. Department of Housing
and Urban Development
Office of Labor Relations
(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. Department 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 OMB control number 1215-
0140.)
(c) In the event the .ontrnctor, the laborers or mechanics
to be employed in }ire 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.
(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
form HUD -4010 (06/2009)
Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1
of the wages of any laborer or mechanic the amount of any
communicated in writing to the laborers or mechanics
costs reasonably anticipated in providing bona fide fringe
affected, and records which show the costs anticipated or
benefits under a plan or program, Provided, That the
the actual cost Incurred in providing such benefits.
Secretary of Labor has found, upon the written request of
Contractors employing apprentices or trainees under
the contractor, that the applicable standards of the Davis-
approved programs shall maintain written evidence of the
Bacon Act have been met. The Secretary of Labor may
registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account
trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the plan or
trainees, and the ratios and wage rates prescribed In the
program. (Approved by the Office of Management and
applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215-0140.)
Management and Budget under OMB Control Numbers
2. Withholding. HUD or its designee shall upon its own
1215-0140 and 1215-0017.)
action or upon written request of an authorized
(Il) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or
in which any contract work is performed a copy of all
cause to be withheld from the contractor under this
payrolls to HUD or its designee if the agency is a party to
contract or any other Federal contract with the same prime
the contract, but if the agency is not such a party, the
contractor, or any other Federally -assisted contract
contractor will submit the payrolls to the applicant
subject to Davis -Bacon prevailing wage requirements,
sponsor, or owner, as the case may be, for transmission to
which is held by the same prime contractor so much of the
HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered
accurately and completely all of the information required
necessary to pay laborers and mechanics, including
to be maintained under 29 CFR 5.5(x)(3)(1) except that full
apprentices, trainees and helpers, employed by the
social security numbers and home addresses shall not be
contractor or any subcontractor the full amount of wages
included on weekly transmittals. Instead the payrolls shall
required by the contract In the event of failure to pay any
only need to include an individually identifying number for
laborer or mechanic, including any apprentice, trainee or
each employee (e.g., the last four digits of the employee's
helper, employed or working on the site of the work, all or
social security number). The required weekly payroll
part cf the wages required by the contract, HUD or its
information may be submitted in any form desired
designee may, after written notice to the crntractor,
Optional Form WH -347 is available for this purpose from
sponsor, applicant, or owner, take such action as may be
the Wage and Hour Division Web site at
necessary to cause the suspension of any further
httn://www.dol.oovlesaAvhdlforms/wh3471nstr.htm or its
payment, advance, or guarantee of funds until such
successor site. The prime contractor is responsible for
violations have ceased. HUD or its designee may, after
the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts
Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or
social security number and current address of each
subcontractor to the respective employees to whom they
covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such
HUD or Its designee if the agency is a party to the
disbursements in the case of direct Davis -Bacon Act
contract, but if the agency is not such a party, the
contracts.
contractor will submit the payrolls to the applicant
3. (I) Payrolls and basic records. Payrolls and basic
sponsor, or owner, as the case may be, for transmission to
records relating thereto shall be maintained by the
HUD or its designee, the contractor, or the Wage and Hour
contractor during the course of the work preserved for a
Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and
investigation or audit of compliance with prevailing wage
mechanics working at the site of the work. Such records
requirements. It is not a violation of this subparagraph for
shall contain the name, address, and social security
a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct
addresses and social security numbers to the prime
classification, hourly rates of wages paid (including rates
contractor for its own records, without weekly submission
of contributions or costs anticipated for bona fide fringe
to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described
Management and Budget under OMB Control Number
in Section I(b)(2)(B) of the Davis -bacon Act), daily and
1215-0149.)
weekly number of hours worked, deductions made and
(b) 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)(iv) that the wages of any
subcontractor or his or her agent who pays or supervises
laborer or mechanic include the amount of any costs
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 I(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
(a)(3)(li), the appropriate Information is being maintained
enforceable, that the plan or program is financially
under 29 CFR 5.5(a)(3)(i), and that such information is
responsible, and that the plan or program has been
correct and complete;
Previous editions are obsolete
form HUDd010 (062009)
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 on the reverse side of Optional Form
WH -347 shall satisfy the requirement for submission of the
"Statement of Compliance' required by subparagraph
A.3.(H)(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.
(111) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized
reoresentativcs of HUD or its designee or the Department
-f Laar and shall permit such representatives to
Intel Ir%, em.7loyees during working hours on the job. if
the cintracte, or subcontractor fails to submit the required
records or to make them available, HUD or its designee
may, after ,vritten notice to the contractor, sponsor,
appio.,ant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 5.12.
4. Apprentices and Trainees.
(1) 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 a roll at an a rentice we a rate who
is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed Where a contractor is performing
construction on a project in a locality other than that in
which its program Is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less then 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 9,uA La.bor Services, or a State
Apprenticeship Ager,;y 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) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ',to and individually registered in a
program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by
V y pp 9
Previous editions are obsolete form HUD -4010 (0612009)
Page 3 of 5 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 re,Iuiring the
subcontractors to include these clauses in a6y 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.
10. (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(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.
(111) The penalty for making false statements is prescribed
In the U.S. Criminal Code, 18 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.'
11. 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 of ti,,,
prime contract exceeds $100,000. 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 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$10foreach
calendar day on which such individual was required or permitted to
work in excess of the standard workweek or 40 hours without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
Previous editions are obsolete form HUD -4010 (062009)
Page 4 of 5 ref. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. 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 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 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 lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds 5100,000.
(1) Uo 1 -borer or mechanic shall be required to work in
surroundi.., s or under working conditions which are
un.- dta.j, aaznidous, or dangerous to his health and
sof-ty as determined under construction safety and health
standards promulgated by the Secretary of Labor by
re;alation.
(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, 83 Stat 96). 40 USC
3701 at sea.
(3) 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 form HUD -4010 (06/2009)
Page 5 or 5 ref. Handbook 1344.1
DAVIS-BACON WAGE DETERMINATIONS
EXHIBIT A
General Decision Number: TX140274 01/03/2014 TX274
Superseded General Decision Number: TX20130274
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).
Modification Number Publication Date
0 01/03/2014
R EIZC06!:2-004 09/01/2017.
Rates Fringes
Electrician ....................$ 24.50 8.30+30
----------------------------------------------------------------
SUTX2009-180 06/03/2009
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Rates
Fringes
CARPENTER ........................$
11.76
0.00
LABORER: Common or General ......
$ 7.58
0.00
PAINTER: Brush and Roller .......
$ 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.
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 union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with characters other than
"SU" denotes that the union classification and rate have found to be
prevailing for that classification. Example: PLUM0198-005 07/01/2011. The
first four letters, PLUM, indicate the international union and the four -
digit number, 0198, that follows 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.
The date, 07/01/2011., following these characters is the effective date of
the most current negotiated rate/collective bargaining agreement which
would be July 1, 2011 in the above example.
Union prevailing wage rates will be updated to reflect any changes in the
collective bargaining agreements governing the rates.
0000/9999: weighted union wage rates will be published annually each
January.
Non -Union Identifiers
Classifications listed under an "SU" identifier were derived from survey
data by computing average rates and are not union rates; however, the data
used in computing these rates may include both union and non-union data.
Example: SULA2004-007
5/13/2010. SU indicates the rates are not union majority rates,
LA indicates the State of Louisiana; 2004 is the year of the survey; and
007 is an internal number used in producing the wage determination. A 1993
or later date, 5/13/2010, indicates the classifications and rates under
that identifier were issued as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change until a new
survey is conducted.
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 Division 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.) it the answer to the question in 1.) is yes, then =;i interested party
(tto�e affected by the action) can request review and reconsideration from
she Wage arid Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
4rite 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 DECISION
EXHIBIT B
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excc as 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.
Code of Federal Regulations
Title 29 - Labor
Volume: 1Date: 2011-07-01
Original Date: 2011-07-01
Title: Section 5.5 - Contract provisions and related matters.
Context: Title 29 - Labor. Subtitle A - Office of the Secretary of 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.
Tlie Agency head shall cause or require the coneractinq officer to
:inser_t in full in any contract in excess of $2,000 which is entered into
_or 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, Employment Standards Administration, U.S.
Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise
the contracting officer or will notify the contracting officer within the
30 -day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed
in the classification or their representatives, and the contracting officer
do not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the contracting
officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer
within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid
to all workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class
of laborers or mechanics includes a fringe benefit which is not expressed
as an hourly rate, the contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That the Secretary
of Labor has found, upon the written request of the contractor, that the
applicable standards of the Davis -Bacon Ac` 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.
(i. N'�chholding. The (write in name of Federal. Ageacy or the loan or grant
tPcipient) shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhDld or cause to
be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other federally -assisted
contract subject to Davis -Bacon prevailing wage requirements, which is held
by the same prime contractor, so much of the accrued payments or advances
as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the
event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work (or under
the United States Housing Act of 1937 or under the Housing Act of 1949 in
the construction or development of the project), all or part of the wages
required by the contract, the (Agency) may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
(3) Payrolls and basic records. (i) Payrolls and basic records relating
thereto shall be maintained by the contractor during the course of the work
and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction
or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section l(b)(2)(B) of the
Davis -Bacon Act), daily and weekly number of hours worked, deductions made
and actual wages paid. Whenever the Secretary of Labor has found under 29
CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 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 maintaineH
under 29 CFR 5.5(a)(3)(i), except that full social security numbers and
home addresses shall not he included on weekly transmittals. Instead the
payrolls shall only need to,i_ncli.1de an individually identifying number for
each employee (e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be submitted in any
form desired. Optional Form WH -347 is available for this purpose from the
Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The
prime contractor is responsible for the submission of copies of payrolls by
all subcontractors. Contractors and subcontractors shall maintain the full
social security number and current address of each covered worker, and
shall provide them upon request to the (write in name of appropriate
federal agency) if the agency is a party to the contract, but if the agency
is not such a party, the contractor will submit them to the applicant,
sponsor, or owner, as the case may be, for transmission to the (write in
name of agency), the contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance
with prevailing wage requirements. It is not a violation of this section
for a prime contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own records,
without weekly submission to the sponsoring government agency (or the
applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be provided under § 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
cont -_actor or subcontractor to civil or criminal prosecution under section
1002 of title 18 and section 231 of title 31 of tri- United States Code.
(Iji` The contractor or subcontractor shall make the records required under
paragraph (a)(3)(i) of this section available for inspection, copying, or
transcription by authorized representatives of the (write the name of the
agency) or the Department of Labor, and shall permit such representatives
to interview employees during working hours on the job. If the contractor
or subcontractor fails to submit the required records or to make them
available, the Federal agency may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
(4) Apprentices and trainees—(i) Apprentices. Apprentices will be permitted
to work at less than the predetermined rate for the work they performed
when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of Apprenticeship Training,
Employer and Labor Services, or with a State Apprenticeship Agency
recognized by the Office, or if a person is employed in his or her first 90
days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has
been certified by the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio
of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing construction on a
project in a locality other than that in which its program is registered,
the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate specified
in the applicable wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the apprenticeship program.
If the apprenticeship program does not specify fringe benefits, apprentices
must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency recognized by i-"e
Office, withdraws approval of an apprenticeship program, the contractor
will no longer be permitted to utilize apprentices at less than the
applicable predetermined rai-e for the work performed until an acceptable
program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually registered
in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall
not be greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the
rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage
rate on the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by
the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the
contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the
equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply
with the requirements of 29 CFR part 3, which are incorporated by reference
in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and
such other clauses as the (write in the name of the Federal agency) may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in
29 CFR 5.5.
(7) Contract termination: debarment. A breach of the contract clauses in 29
CFR. 'J.5 may be grounds for termination of the contract, and for debarment
.s a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings
and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR
parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general
disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility. (i) By entering into this contract, the
contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the contractor's firm is a person or firm ineligible
to be awarded Government contracts by virtue of section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. The Agency Head shall
cause or require the contracting officer to insert the following clauses
set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full
in any contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety Standards Act.
These clauses shall be inserted in addition to the clauses required by §
5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms
laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for
any part of the conract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic
in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in paragraph (b)(1) of this
section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or
to such territory), frr liquidated damages. Such liquidated damages shell
be computed with respect tj each individual laborer or mechanic, includin'
watchmen and guards, empinyed in violation of the clause set forth in
paragraph (b)(1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the
name of the Federal agency or the loan or grant recipient) shall upon its
own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime
contractor, or any other federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (b)(2)
of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (b)(1) through (4) of this
section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (b)(1) through (4) of this
section.
(c) In addition to the clauses contained in paragraph (b), in any contract
subject only to the Contract Work Hours and Safety Standards Act and not to
any of the other statutes cited in § 5.1, the Agency Head shall cause or
require the contracting officer to insert a clause requiring that the
contractor or subcontractor shall maintain payrolls and basic payroll
records during the course of the work and shall preserve them for a period
of three years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the contract. Such
records shall contain the name and address of each such employee, social
security number, correct classifications, hourly rates of wages paid, daily
and weekly number of hours worked, deductions made, and actual wages paid.
Further, the Agency Head shall cause or require the contracting officer to
insert in any such contract a clause providing that the records to be
maintained under this paragraph shall be made available by the contractor
or subcontractor for inspection, copying, or transcription by authorized
representatives of the (write the name of agency) and the Department of
Labor, and the contractor or subcontractor will permit such representatives
to interview employees during working hours on the job.
The information collection, recordkeeping, and reporting requirements
contained in the following paragraphs of this section were approved by the
Office of Management and Budget:
Paragraph OMB Control Number
;_0 (i) (i.i) (B) . . . . . . . . 1215-0140
ka) (1) (ii) (C) . . . . . . . . 1215-0140
(a)(1)(iv) . . . . . . . . 1215-0140
(a) (3) (i) . . . . . . . . 1215-0140,
. . . . 1215-0017
(a) (3) (ii) (A) . . . . . . . . 1215-0149
(c) . . . . . . . . 1215-0140,
1215-0017
[48 FR 19540, Apr. 29, 1983, as amended at 51 FR 12265, Apr. 9, 1986;
55 FR 50150, Dec. 4, 1990; 57 FR 28776, June 26, 1992; 58 FR 58955, Nov. 5,
1993; 61 FR 40716, Aug. 5, 1996; 65 FR 69693, Nov. 20, 2000; 73 FR 77511,
Dec. 19, 2008]
Effective Date Note:At 58 FR 58955, Nov. 5, 1993, § 5.5 was amended by
suspending paragraph (a)(1)(ii) indefinitely.
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By 7+_ OT ` Date:
Authorised Representalive - rrmusll gn by hand l
Officer Name and Title: 4:f"a e s T 1 �'/i:'kS' !3 c -v/jJ y
Please Print qq
Business Telephone Number FAX:
E-mail Address: ek yam)// `����� sv�� /U L:w/f�. Nh� 7
FOR CITY USE ONLY
Bid Form Itcm Numbers) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $50,000): Date P.O./Contract issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
STtirchasc/Bid Docs/ITB I4-1 1866 -TF, CEAP Service and Repair of rxisting I letting & Cowling Units and Installation of Portable Air Conditioning Units
14