Contract - Tolar Manufacturing Co - 6/22/2023 CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE AND INSTALLATION OF BUS SHELTERS
WITH
TOLAR MANUFACTURING COMPANY, INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS AGREEMENT for the purchase and installation of new bus shelters on
through the Community Development Block Grant (CDBG) P o ram (referred to herein as the
"Agreement"), is made and entered into on this the day of the month of
�,lMA , 2023 by and between the CITY OF ROUND ROCK, a Texas home-
rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-
5299 (referred to herein as the "City"), and TOLAR MANUFACTURING COMPANY, INC.,
whose offices are located at 258 Mariah Circle, Corona, California 92879 (referred to herein as
"Vendor").
RECITALS:
WHEREAS, City desires to purchase certain deliverables and installation services for
new bus shelters through the CDBG Program; and
WHEREAS, City has issued a "Request for Proposal" for the provisions of said goods
and services; and
WHEREAS, City has determined that the Proposal submitted by Vendor provides the
best value for the City; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW,THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
4887-2371-0822/ss2
1R- 2o2 3- Iq2.
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and services and Vendor is obligated to sell same. The
Agreement includes the Vendor's Proposal, attached as Exhibit "A," and incorporated herein by
reference and all additional exhibits described herein and attached hereto.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Vendor to comply
with promised delivery dates, specifications, and technical assistance specified.
2.01 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. This Agreement shall terminate upon the completion of the bus shelters and the
acceptance by the City of the work.
C. City reserves the right to review the relationship with Vendor at any time, and
may elect to terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS
The Contract Documents shall consist of the following: 1) this Agreement; 2) the
Vendor's Proposal ("Exhibit "A'); and 3) any additional exhibits described herein and attached
hereto.
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4.01 SCOPE OF WORK
Vendor shall satisfactorily provide all goods and complete all services described in
Vendor's Proposal, Exhibit "A." This Agreement shall evidence the entire understanding and
agreement between the parties and shall supersede any prior proposals, correspondence or
discussions.
Vendor shall satisfactorily provide all deliverables and services described in Exhibit"A"
within the contract term specified. A change in the Scope of Services must be negotiated and
agreed to in all relevant details, and must be embodied in a valid written Supplemental
Agreement executed by both parties.
5.01 CONTRACT AMOUNT
In consideration for the deliverables and services related to the deliverables, the City
agrees to pay Vendor One Hundred Seventy-One Thousand One Hundred Fifty and No/100
Dollars($171,150.00) for the goods and services set forth in Exhibit"A."
6.01 INVOICES
All invoices shall include,at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
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later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
12.01 CITY'S REPRESENTATIVES
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
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Elizabeth Alvarado
CDBG Coordinator
221 East Main Street
Round Rock, Texas 78664
(512)341-3328
ealvaradonxoundrocktexas.gov
13.01 INSURANCE
Vendor shall meet all City of Round Rock Insurance Requirements set forth at insurance
requirements as required by the City's Purchasing Department as set forth at:
http://www.roundrocktexas. og v/wp-content/uploads/2014/12/corr_insurance 07.20112.pdf
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
parry's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re-advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30)days' written notice to Vendor.
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B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten(10)days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH FEDERAL REQUIREMENTS
The project described herein is being assisted by the United States of America. Vendor
acknowledges and agrees that this is a federally assisted project, and as such, Vendor shall
comply with all requirements set forth in Exhibit `B," incorporated herein by reference for all
purposes. Said requirements include, but are not limited to, Federal Labor Standards Provisions
(HUD4010) and David-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5.
19.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws,the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) and will not
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boycott Israel during the term of the contract. The signatory executing this Agreement on behalf
of Vendor verifies that Vendor does not boycott Israel and will not boycott Israel during the term
of this Agreement.
C. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association, and
it will not discriminate during the term of this Agreement against a firearm entity or firearm trade
association.
D. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement. The signatory executing this Agreement on
behalf of Vendor verifies Vendor does not boycott energy companies, and it will not boycott
energy companies during the term of this Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Tolar Manufacturing Company, Inc.
258 Mariah Circle
Corona, California 92879
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Notice to City:
City Manager Stephanie L. Sandre, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW,ENFORCEMENT, AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
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that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock,TAexas Tolar Manufacturin p na y,Inc.
By: By:
Printed Name: Printed Name: Scott Williams
Title: Title: Business Development Manager
Date Signed: Date Signed: 5/30/2023
Attest:
By:
Meagan Spinl , y erk
For City,Approved as to Form:
By:
anie L. andre, City Attorney
Exhibit "A"
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.c�ov
REQUEST FOR PROPOSAL (RFP)
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) BUS SHELTERS
SOLICITATION NUMBER 23-021
MARCH 2O23
City of Round Rock Exhibit "A"
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) BUS SHELTERS
PART
GENERAL REQUIREMENTS
1. PURPOSE AND BACKGROUND: The City of Round Rock, herein after"the City"seeks to contract with a
qualified proposer to provide all goods, labor, and services to remove, design, manufacture, and install
transit bus shelters.
The Community Development Office improves the quality of life in existing Round Rock neighborhoods by
providing services to individuals and families by reinvesting in neighborhood improvements. The City
furthers community development through participation in the Department of Housing and Urban
Development Community Development Block Grant(CDBG) program. The CDBG program emphasizes
participation and representation of the target population(s). The City has used its annual CDBG grant funds
to provide housing programs, infrastructure, parks, entrepreneurial opportunities, and public services to
assist low-and moderate-income residents.
2. SOLICITATION PACKET: This solicitation packet is comprised of the following:
Description Index
Part I—General Requirements Page(s)2-4
Part II —Definitions, Standard Terms and Conditions, Page 5
and Insurance Requirements
Part III —Supplemental Terms and Conditions Page(s)6-8
Part IV—Scope of Work Page(s) 9-11
Part V—Proposal Preparation Instructions and Evaluation Factors Page(s) 11-14
Attachment A—Reference Sheet Separate Attachment
Attachment B—Subcontractor Information Form Separate Attachment
Attachment C—Cost Proposal Sheet Separate Attachment
Attachment D—Bus Shelter Locations Separate Attachment
Attachment E—Bus Stop Map Separate Attachment
Attachment F—Federal Requirements Separate Attachment
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released March 9, 2023
Deadline for submission of questions March 22, 2023 @ 5:OOPM, CST
City responses to questions or addendums Approximately March 24, 2023 @ 5:00 PM,
CST
Deadline for submission of responses March 31, 2023 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire in writing by 5:00 PM, CST on the
due date noted above. A copy of all questions submitted and the City's response to the questions shall be
posted on the City's webpage in the form of an addendum at:
https://roundrocktexas.bonfirehub.com
The City reserves the right to modify these dates. Notice of date change will be posted to the City's website:
https:Hroundrocktexas.bonfirehub.com
Page 2 of 14
City of Round Rock Exhibit "A"
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
https://roundrocktexas.bonfirehub.com for any updates pertaining to the solicitation described herein.
Various updates may include addendums, cancellations, notifications, and any other pertinent information
necessary for the submission of a correct and accurate response. The City will not be held responsible for
any further communication beyond updating the website.
5. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, on the due
date noted in PART I, Section 3—Schedule of Events. The Offeror shall respond via the City's electronic
bidding platform, Bonfire: htti)s://roundrocktexas.bonfirehub.com
A. This request for proposal (RFP) does not commit the City to contract for any supply or service.
B. No paper or submittals outside of Bonfire will be accepted by the City.
C. Responses cannot be altered or amended after digital opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property
of the City.
G. Late responses will not be considered.
6. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295 "Certificate of Interested Parties"that is signed for a contract
award requiring council authorization. The"Certificate of Interested Parties"form must be completed on the
Texas Ethics Commission website, printed, signed, and submitted to the City by the authorized agent of the
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior
to final contract execution. Link to Texas Ethics Commission Webpage:
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
7. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of an offer, the
City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Offeror to the City
Official, Employee, City Consultant, or Evaluation Team member evaluating or considering the offers prior
to the time an award decision has been confirmed. Communication between an Offeror and the City will be
initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to
develop a proper and accurate evaluation of the offer. Ex parte communication may be grounds for
disqualifying the offending Offeror from consideration of award in evaluation or any future bid.
8. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round Rock("City"), in
consultation with the City Attorney, shall have the authority to settle or resolve any dispute concerning the
solicitation or award of a contract. The Purchasing Manager may solicit written responses to the protest
from other interested parties. The aggrieved person must prepare his or her complaint in writing and send it
by electronic mail to the City's Purchasing Department at protestor-roundrocktexas.gov.
In the event of a timely protest, the City shall not proceed further with the solicitation or award of a contract
unless it is determined that the award must take place without delay, to protect the best interests of the City.
The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to
comply with any of these requirements, the Purchasing Office may dismiss your complaint or protest.
A. Prior to Offer Due Date: If you are a prospective offeror for the award of a contract("Offeror") and you
become aware of the facts regarding what you believe is a deficiency in the solicitation process before
the due date for receipt of offers in response to a solicitation ("Offers"), you must notify the City in
writing of the alleged deficiency before that date, giving the City an opportunity to resolve the situation
prior to the Offer due date.
B. After Offer Due Date: If you submit an Offer to the City and you believe that there has been a
deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation
process, or the recommended award as follows:
Page 3 of 14
City of Round Rock Exhibit "A"
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
i. You must file a written notice of your intent to protest within four(4)working days of the date that
you know or should have known of the facts relating to the protest. If you do not file a written notice
of intent within this time, you have waived all rights to protest the solicitation process or the award.
ii. You must file your formal written protest within ten (10)working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. If you know of the facts before those dates, you must notify the City as stated in
section (A)above.
iii. You must submit your protest in writing and must include the following information:
a. your name, address, telephone number, and email address.
b. the solicitation number.
c. a specific identification of the statutory or regulatory provision that you are alleging has been
violated.
d. a detailed statement of the factual grounds for your protest, including copies of any relevant
documents.
e. a statement of any issues of law or fact that you contend must be resolved; and
f. a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City's review.
C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the
Purchasing Manager, with assistance from the City Attorney, shall make one of the following
determinations:
i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination. The City will prepare updated
solicitation documents and will re-solicit.
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter. The reasons for the determination will be presented in the letter.
iii. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination. However,the awarded contract will not
be canceled. As needed, corrective actions may be taken with purchasing or any other pertinent
City staff.
iv. A determination will usually be made within fifteen (15) business days after receipt of the formal
protest.
v. Any written decisions by the Purchasing Manager shall be the final administrative action for
the City.
All documentation pertaining to a protest will be kept on file at the City and are subject to open records
requests.
Page 4 of 14
City of Round Rock Exhibit °A"
CDBG Bus Shelters
RFP No, 23-021
Commodity Code: 155-76
February 2023
PART II
DEFINITIONS, STANDARD TERMS AND CONDITIONS,
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions and Standard Terms and Conditions, in effect at the time of
release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on
the face of a purchase order. These can be obtained from the City's website at:
htti)s://www.roundrocktexas.gov/city-departments/purchasing/. In addition, the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract.
Where there is a conflict Attachment F— Federal Requirements required contract clauses will
supersede City of Round Rock Definitions, Standard Terms, and Conditions.
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https://www.roundrocktexas.gov/city-departments/purchasing/.
Page 5 of 14
City of Round Rock Exhibit "A"
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The term of the Agreement shall begin from date of award and shall remain in full
force until the City has inspected and accepted the bus shelter installations.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The
Respondent shall:
A. Be firms, corporations, individuals, or partnerships normally engaged in design, manufacture, and
installation of bus shelters as specified herein and have adequate organization, facilities, equipment,
financial capability, and personnel to ensure prompt and efficient service to the City.
B. In order to confirm financial stability, the City may choose to review audited financial statements at any
time throughout the RFP evaluation process. Upon request, the Respondent shall provide two years
audited financial statements, including any notes or supplemental schedules within 2 business days of
the original request.
C. The Respondent shall include in the proposal a list of all litigation the company or its principals have
been involved in within the last three(3)years.
D. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for consideration
in this RFP process.
3. SUBCONTRACTORS: If Subcontractors will be used the Respondent is required to complete and submit
with their proposal response Attachment B: Subcontractor Information Form. The Contractor shall be fully
responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible
for the Contractors own acts and omissions. The Contractor shall:
A. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with
the provisions, specifications, and terms of the Contract.
B. Require that all Subcontractors obtain and maintain, throughout the term of their agreement, primary
insurance in the type and amounts specified for the Contractor,with the City being named as an
additional insured; and
C. Require that the Subcontractor indemnify and hold the City harmless to the same extent as the
Contractor is required to indemnify the City.
D. Awarded Contractor is required to submit a list of all subcontractors for approval by the City prior to use
of any subcontractors throughout the term of the contract.
4. FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010): This Project 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(Attachment F—Federal Requirements)
pursuant to the provisions applicable to such Federal assistance. A contractor or subcontractor who is
awarded a contract by the City shall pay not less than the rates set forth and comply with all applicable
sections of Davis- Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5.
For additional information regarding Labor Rates, please go to the following United States Department of
Labor website: https://www.dol.gov/agencies/whd/government-contracts/construction.
5. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules, and regulations. The Respondent
shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State
and City safety and occupational health standards and other applicable federal, state, and local health,
safety, and environmental laws ordinances, rules, and regulations in the performance of these services.
Page 6 of 14
City of Round Rock Exhibit "A"
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause
injury or damage to any persons or property within and around the work site. In case of conflict, the
most stringent safety requirement shall govern.
C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions,judgments,
fines penalties and liability of every kind arising from the breach of the Contractor's obligations under
this paragraph.
6. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner.
B. Ensure Respondent's employees,while working on City property, wear a company uniform that clearly
identifies them as the Respondent's employee.
C. Employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor. The City reserves the right to verify citizenship or right to work in the United
States.
7. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all
incidental costs, labor, overhead charges, travel, payroll expenses,freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
insurance, bonds, and risk management. No separate line-item charges shall be permitted for either
response or invoice purposes.
8. RETAINAGE: The City will withhold 5 percent(%) retainage until completion of all work required by the
Contract. The Contractor's invoice shall indicate the amount due, less the retainage. Upon final acceptance
of the work, the Contractor shall submit an invoice for the retainage to the City and payment will be made
as specified in the Contract. Payment of the retainage by the City shall not constitute nor be deemed a
waiver or release by the City of any of its rights and remedies against the Contractor for recovery of
amounts improperly invoiced or for defective, incomplete, or non-conforming work under the Contract.
9. ACCEPTANCE/INSPECTION: Acceptance/Inspection should not take more than five (5)working days.
The Contractor will be notified within the time frame if the services delivered are not in full compliance with
the specifications. In the event the services are not performed to the satisfaction of the City the Contractor
shall agree to reperform services to specification at no additional cost to the City. If any agreement or
purchase order is cancelled for non-acceptance, the needed services may be purchased elsewhere.
10. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
11. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services/goods needed to
satisfy requirements within budgetary constraints,which may be more or less than indicated.
12. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award,
split award, primary and secondary award, non-award, or use any combination that best serves the interest
and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website
at httgs://roundrocktexas.bonfirehub.com once City Council has approved the recommendation of award
and the agreement has been executed.
13. POINT OF CONTACT/DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon award
of the contract to include contact information. The City's designated representative shall be notified by
the Respondent immediately should the point of contact change.
Page 7 of 14
City of Round Rock Exhibit "A"
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
B. The City's designated representative: The City's designated representative shall be:
Dawn Scheel, PE
Project Manager
Transportation Department
Phone: 512-218-6603
E-mail: dscheel(a)roundrocktexas.gov
C. Do not contact the individual listed above with questions or comments during the course of the
solicitation.
Page 8 of 14
City of Round Rock Exhibit "A"
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
PART IV
SCOPE OF WORK
1. SCOPE: The City of Round Rock, herein after"the City" seeks to contract with a qualified proposer to
provide all goods, labor, and services to remove, design, manufacture, and install transit bus shelters.
2. LOCATION: The City has seven (7) locations along the bus system around Round Rock that will
require bus shelters.A map of the relevant locations is included in Attachment E—Bus Stop Maps
along with photos of each location in Attachment D—Bus Shelter Locations.
3. REMOVAL AND INSTALLATION:The Contractor shall-
A. Notify the City a minimum of 24-hours in advance of beginning construction or requiring the
presence of the City's representative or engineer.
B. Provide traffic control(sidewalk closed signs)at each location until the project is complete.
C. Provide turnkey removal/demolition and disposal of existing bus shelter equipment and foundations
at each location.
D. Pour new concrete shelter pad foundation at each location and ensure the pad is large enough to
accommodate ADA requirements.
E. Begin installation of new bus shelter equipment once the foundations have cured.
F. Install bus shelter and all accompanying equipment at each site.
G. Clear the work site of all debris and trash accumulated or created during the project.
4. BUS SHELTER DESIGN AND REQUIREMENTS:
A. Shelters shall consist of all accessories and hardware for installation. Shelters shall be a heavy-
duty design, vandal resistant, as maintenance free as possible, and designed to provide
dependable passenger shelter to endure and withstand all weather conditions.An example design
is Tolar Sierra-11 Series (13 foot)or approved equal is conceptual and the City desires shelters with
a similar design.
B. Shelters should be fully accessible and meet the needs of all transit users.
C. Structures and all elements should meet or exceed a useful life of 15 years.
D. Support structure should consist of at least four(4)posts capable of being secured to a six(6) inch
concrete foundation (not requiring a poured footing).
E. Wind screen should be perforated steel or approved equal.
F. Parts shall be modular and easily removed and replaced when damaged.
G. Replacement parts shall be available from the supplier for no less than ten(10)years from the date
of delivery.
H. Concrete Foundation:
i. Concrete shall be cast-in-place and shown on structural drawings prepared under the
supervision of a registered Professional Engineer.
ii. Foundation shall be properly sized to accommodate the new shelter installation with
appropriate psi concrete.
I. Basic Shelter Elements: Shelters should have at minimum-
i. Three sides with an open front.
ii. Metal/aluminum columns or beams.
iii. Decorative gussets.
iv. Tempered glass sides.
v. RAL 8028 Terra Brown or equivalent powdered coat.
vi. Approximately 24"x 38"display case for schedule or map;visible from both sides.
J. Solar Lighting:
i. Dusk to dawn automated solar LED lighting that can operate for a minimum of 7 days with little
or no sunshine.
Page 9 of 14
City of Round Rock Exhibit "A„
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
ii. A serviceable,weather and vandal resistance box to house any solar hardware.
iii. Motion sensors shall activate LEDs to 100%.
iv. Sealed lead acid batteries-Absorbent Glass Mat(A.G.M.)technology,-40°F to 176°F operating
range or approved equal.
v. Solar panels and batteries shall be connected and functional upon completion of the project.
K. Benches:
i. Dumor Inc. Bench 19 (6 feet)or approved equal.
ii. Welded construction or assembled with tamper proof screws.
iii. Powder coated with RAIL 9005 Black or equivalent.
L. Litter Receptacle:
i. Dumor Inc. 102-32-FTO with 32-gallon polyethylene receptacle liner or approved equal.
ii. Protective coating consisting of corrosion resistant epoxy undercoat.
iii. Powder coated with RAIL 9005 Black or equivalent.
5. CONTRACTOR RESPONSIBILITIES:The Contractor shall-
A. Coordinate with the City's project administrator to establish the best work schedule and discuss
changes or delays with the project completion.
B. Submit a schedule of activities to show completion of the project within the proposed number of
days. Submit schedule prior to mandatory pre-construction meeting.
C. Be responsible for all means, methods, and materials required to design, manufacture, and install the
bus shelters and amenities.
D. Provide appropriate safety barricades, and signs, and comply with the Texas Manual on Uniform
Traffic Control Devices(TMUTCD), all safety standards required by federal, state, and local law and
any additional standards customarily employed in connection with the type of work being performed or
the conditions at the work site. The Contractor shall be responsible for its Subcontractors'
compliance with this paragraph.
E. Protect from damage all existing improvements and utilities (1)at or near the work site and (2)on
adjacent property of a third party.
F. Use reasonable care to avoid damaging existing buildings,equipment, and vegetation (trees,
shrubs, and grass) on or about the premises owned by, or under the control of,the City and
property adjacent to the work site.
G. Confine all operations(including storage of materials) on the work site to areas authorized or
approved by the Project Manager. When it is necessary to cross curbs or sidewalks, the
Contractor shall protect the materials from damage.
H. Promptly repair any damage referenced in Sections E-G above at no expense to the City and as the
Project Manager directs. The Contractor shall be liable to the City for the cost of the damage
caused,plus an administrative fee of ten percent(10%), of which both may be deducted from any
invoice due and owing Contractor until repairs are made. If the City elects to make such repair or
replacement independently, then the Contractor shall be liable for the full cost, plus an
administrative fee of ten percent(10%),which may be deducted from any invoice due and owing to
the Contractor or on demand if the Contract is terminated. This provision shall survive termination of
the Contract.
I. On a monthly basis, the Contractor shall submit a pay application in approved City format for the
percentage of work completed to date. Percentages will be approved based on observations and
inspections by the City.
J. WARRANTY:The Contractor shall-
i. Warrant that work shall be free of patent and latent defects in design, materials, equipment, and
workmanship, as measured from the requirements, criteria, standards, and specifications set
forth in the Contract. A defect shall be considered latent only if it is not known or disclosed to the
City prior to substantial completion, of the overall work, and such defect would not normally be
discovered upon reasonable inspection and investigation in accordance with good industry
practice during the course of design and construction and prior to the completion of the work.
Page 10 of 14
City of Round Rock Exhibit "A"
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
This limited warranty also does not apply to and the Contractor shall not be responsible for,
repair or replacement work needed as a result of:
(a) normal wear and tear.
(b) defect caused by damage; or(c)failure by City to maintain, repair, or operate the work site in
accordance with good industry practice, to the extent the defect is caused by same.
ii. Correct all construction and material defects and deficiencies (other than latent defects and
deficiencies which are discussed below)which may develop within the applicable of(i)a period of
one (1)year from the date when all of the work is completed and accepted by the City, or(ii)
such longer period for any component of the work which may be specified in the contract
documents, or(iii) any warranty period which may be longer than the periods specified in (i) and
(ii)above as provided in any specific warranty for such item. Nothing set forth above or
otherwise in the Contract shall restrict in any way or operate as any limitation on the right of City
to seek damages or other remedies against Contractor for any other period under any legal or
equitable theory with respect to any defects and deficiencies which are latent in nature and not
readily ascertainable in the ordinary course of observation, subject, however, to any limitations
imposed under governing law.
iii. Within fifteen (15) days after receipt of written notice hereof, commence to correct, repair, and
make good any defects in the work for which said materials, equipment, and workmanship are
warranted, and make good any damage to other work caused by the repairing of such defects.
Contractor warrants to the City that such work will be performed in a safe and careful manner and
will conform to the requirements of the contract documents. None of the work performed in
correcting such defects shall be the basis of a claim for additional compensation or damages.
iv. Issue in writing to the City as a condition precedent to final payment a"General Warranty"
reflecting terms and conditions of this paragraph for all work under the Contract. This
warranty shall specifically provide that all defects in materials and workmanship appearing
during the warranty period shall be remedied to the satisfaction of the City at no additional
cost to the City.
6. CITY RESPONSIBILITIES: The City will-
A. Obtain any and all necessary licenses and permits for complying with any municipal laws,codes,
and regulations applicable to the performance of the work, including, but not limited to, any laws or
regulations requiring the use of licensed contractors to perform parts of the work.
B. Provide access to appropriate City personnel for discussions and direction.
C. Schedule a pre-construction meeting.
D. Communicate with the Contractor on scheduling installation.
Page 11 of 14
City of Round Rock Exhibit "A"
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
PART V
PROPOSAL PREPARATION INSTRUCTIONS
AND EVALUATION FACTORS
1. PROPOSAL ACCEPTANCE PERIOD: All proposals are valid for a period of one hundred and twenty (120)
calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in the
proposal.
2. PROPOSAL RESPONSE: Responses shall be clear and concise while appropriately responding to the
evaluation criteria listed below in Section 3. In order to do business with the City of Round Rock you must be
registered with the City's Vendor Database. To register, go to:
https://roundrocktxvendors.munisselfservice.com/Vendors/default.aspx
Proposal Submittal Instructions: The Respondent shall include all of the following documents in their
response-
❑ Attachment A- Reference Sheet
❑ Attachment B-Subcontractor Information Form (if applicable)
❑ Attachment C-Cost Proposal Sheet
❑ Attachment F- Federal Requirements
❑ Acknowledged Addenda (if applicable)
❑ Company Information-which gives in brief, concise terms, a summation of the proposal. Include the
following-
Business Organization: State full name and address of your organization and identify parent company if
you are a subsidiary. Specify the branch office or other subordinate element which will perform, or assist
in performing, work herein. Indicate whether you operate as a partnership, corporation, or individual.
Include the State in which incorporated or licensed to operate.
Project Management Structure: Provide a general explanation and chart which specifies project
leadership and reporting responsibilities; and interface the team with City project management and team
personnel. If use of subcontractors is proposed, identify their placement in the primary management
structure, and provide internal management description for each subcontractor.
Authorized Negotiator: Include the name, email address, and telephone number of the person(s) in your
organization authorized to negotiate Contract terms and render binding decisions on Contract matters.
❑ A list of all litigation the company or its principals have been involved in within the last three (3) years (if
applicable).
❑ A statement of your compliance with all applicable rules and regulations of Federal, State and Local
governing entities.
❑ List of Exceptions (if any)- Be advised that exceptions to any portion of the Solicitation may jeopardize
acceptance of the Proposal by the City. Exceptions to this solicitation if any, shall be submitted on a
separate sheet labeled"Exceptions"with the Respondent's proposal.
❑ Segment requirements listed below.
3. EVALUATION CRITERIA:
A. Segment 1 —Bus Shelter Design, Removal, and Installation
i. Bus Shelter Design: Outline in detail the bus shelter product you feel best fits the City's requirements
in the Scope of Work and any additional information you deem necessary to evaluate your proposal.
Provide design images, real world examples, etc.
ii. Removal and Installation: Describe your plan for removing any existing equipment and installing the
new bus shelters. Include such time-related displays, graphs, and charts as necessary to show tasks,
sub-tasks, milestones, and decision points related to the Scope of Work and your plan for
accomplishment. Specifically indicate:
a. A description of your work program by tasks. Detail the steps you will take in proceeding from the
kick-off meeting to final invoicing.
Page 12 of 14
City of Round Rock Exhibit "A"
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
b. The technical factors that will be considered in the section above, and the depth to which each
will be treated.
c. The degree of definition provided in each technical element of your plan.
d. The points at which written, deliverable reports will be provided to the City.
e. The amount of progress payments you are requesting upon successful completion of milestones
or tasks, deducting five percent(5%), which will be paid upon final acceptance by the City.
B. Segment 2—Company Work Experience and Personnel
i. Prior Experience: State the number of years the Respondent company has been providing the
services requested in the solicitation. Describe only relevant municipal, corporate, and individual
experience for the company and personnel who will be actively engaged in the project. Do not include
corporate experience unless personnel assigned to this project actively participated. Do not include
experience prior to 2014. Supply the project title, year, and reference name, title, present address,
and phone number of principal persons for whom prior projects were accomplished.
ii. Personnel: Include names, qualifications, and resumes of all personnel who will be assigned to the
account. State the primary work assigned to each person and the percentage of time each person will
devote to this work. Identify key persons by name and title.
C. Segment 3—Cost Proposal: Information described in the following subsections is required from each
Proposer. Your method of costing may or may not be used but should be described. A firm fixed price or
not-to-exceed Contract is contemplated, with progress payments as mutually determined to be
appropriate. Use Attachment C—Cost Proposal Sheet to describe the following costs:
i. Comprehensive cost for bus shelter equipment(including benches, litter receptacles, lighting, and all
other hardware).
ii. Turn-key cost for demolition, removal and disposal of existing equipment, concrete foundation
installation, and installation of new bus shelter equipment. If costs differ between locations, please
breakout each location separately.
iii. Total (not to exceed) Cost.
4. EVALUATION CRITERIA: The intent of the City is to award to one Respondent in accordance with the
evaluation criteria below. The purpose of this evaluation criteria is to determine which proposal best meets
the requirements and provides the best overall value to the City.
A. Evaluation Criteria: Weights:
• Bus Shelter Design, Removal, and Installation (Segment 1) 60 pts
• Company Work Experience and Personnel (Segment 2) 20 pts
• Cost Proposal (Segment 3) 20 Pts
Maximum Weight: 100 pts
B. An evaluation committee will be established to evaluate the proposal. The committee will include
employees of the City and may include other impartial individuals who are not City employees. The
evaluation committee will determine if discussions and/or Best and Final Offers (BAFO) are necessary.
Award of a contract may be made without discussions or BAFO, if in the best interest of the City. The
evaluation committee may determine that discussions are necessary to clarify or verify a written proposal
response. The City may, at its discretion, elect to have respondents provide oral presentations of their
proposal. The City reserves the right to rescore an offer based on provided demonstrations. A request
for a BAFO is at the sole discretion of the City and will be requested in writing. The evaluation committee
will evaluate the finalists and make a recommendation for award.
C. The City reserves the right to reject any or all proposals submitted, or to award to the respondent who in
the City's opinion, offers the best value to the City. The City also reserves the right to cancel the RFP
process and pursue alternate methods for providing the requirements.
D. The City reserves the right to conduct studies and other investigations as necessary to evaluate any
proposal.
E. The City reserves the right to waive any minor technicality, irregularities, or informalities noted
in the submission process. Submission of proposal confers no legal rights upon any
Respondent.
Page 13 of 14
City of Round Rock Exhibit "A"
CDBG Bus Shelters
RFP No. 23-021
Commodity Code: 155-76
February 2023
F. The City reserves the right to request further documentation or information and to discuss proposal
response with any Respondent in order to answer questions or to clarify any aspects of the proposal.
G. The City may develop a"short list" of qualified proposal and may determine that the
Respondent(s) should submit a Best and Final Offer(BAFO). Each"short listed" Respondent will be
given a reasonable opportunity for discussion and revision of their proposal.
5. AGREEMENT NEGOTIATIONS AND AWARD PROCESS:
A. A proposal presented in response to this RFP is subject to negotiation concerning any issues deemed
relevant by the City. The City reserves the right to negotiate any issue with any party. Any unsolicited
communication by the Respondent to a City official, undesignated employee, or an evaluation team
member evaluating or considering the offers may be grounds for disqualifying the offending Offeror from
consideration of award.
B. Submission of proposal indicates the Respondent's acceptance of the evaluation process and recognition
that the City may make subjective judgments in evaluating the proposal to determine the best value for
the City.
C. If negotiations are successful,the City and Respondent may enter into an agreement. If negotiations are
unsuccessful, the City may formally end negotiations with that Respondent.
D. The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most
advantageous, or to waive any irregularities or informalities in the submittal received.
E. An independent signed authorized Contract will be sent to the successful Respondent(s). Execution of a
City of Round Rock contract is required prior to starting work and processing any payments to the
Contractor.
6. POST AWARD MEETING: The City and the Respondent may schedule a post award meeting to discuss, but
not be limited to the following:
A. Provide City contact(s) information for implementation of the Agreement.
B. Identify specific milestones, goals, and strategies to meet objectives.
Page 14 of 14
Exhibit "A"
ATTACHMENT A
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 23-021 Community Development Block Grant (CDBG) Bus Shelters
RESPONDENT'S NAME: Tolar Manufacturing Company, Inc. DATE: 3/29/2023
Provide the name, address, telephone number and E-MAIL of at least three (3)valid Municipal,
Government agencies or firms of comparable size that have utilized services that are similar in type and
capacity within the last two (2) years. City of Round Rock references are not applicable. References may
be checked prior to award. If references cannot be confirmed or if any negative responses are received it
may result in the disqualification of submittal.
1. Company's Name SEE REFERENCES LIST ATTACHED
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number: ( )
2. Company's Name
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number: ( )
3. Company's Name
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Exhibit "A"
TQLAR
TOLAR REFERENCES
Agency: Blacksburg Transit
Location: Blacksburg, VA
Contact: Debbie Swetnam
OW Title: Regulatory Manager
Email: dswetnaetnam@blacksbur . ov
Phone: 540-443-7100,ext. 2052
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Capital Area Rural Transportation System
Location: Austin, TX
Contact: Lyle Nelson
�® Title: Chief of Staff
GMPWA,,R,,,, Email: lyle0bridecarts.com
Phone: 512-SOS-5601
Project T e: Standard Bus Shelters
A enc : Capital Area Transportation Authority
Location: Lansing, MI
CAMContact: Kai Christiansen
Title: Service Planning&Scheduling Manager
Email: kchristiansen cata.or
Phone: 5I '-999-2508
Project T e: Standard Bus Shelters
Agency: Capital Metropolitan Transportation Authority(Capital Metro)
Location: Austin,TX
Contact: Mark Herrera
At METRO Title: Program Manager
Email: Mark.herrera@capmetro.org
Phone: 512-369-6546
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Central Florida Regional Transportation Authority(LYNX)
Location: Orlando, FL
�'•� LYNX Contact: Jeff Refine
Ca
Title: Capital Planning Manager
Email: 'refine@ of .com
Phone: 407-254-6046
Project Type: Standard Bus Shelters
z'
TOLAR
The Perfect Fit I Your Community I Our Sheltei
Exhibit "A"
TOLAR
Agency: Chapel Hill Transit
Location: Chapel Hill, NC
I Contact: Matt Cecil
ff nsit Title: Transit Development Manager
Email: mcecil townofcha elhill.or
Phone: 919-969-4916
Project Type: Standard Bus Shelters
Agency: Charlotte Area Transit System
Location: Charlotte, NC
Contact: Dan Edes
Title: Chief Procurement Officer
� ��-- Email: dedes@ci.charlotte.nc.us
Phone: 704-432-2567
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Clarksville Transit System
Location: Clarksville,TN
GTS Contact: Paul Nelson
Title: Transportation Manager
Clarksville Transit System Email: Paul.nelson cit ofclarksville.com
Phone: 931-553-2430
Project T e: Standard Bus Shelters
Agency: Concord Kanna olis Area Transit
Location: Concord, NC
Contact: L.I.Weslowski
Title: Transit Manager
Email: weslowil@concordnc.gov
Phone: 704-920-5447
(Dowd laasObAmTransR
Project Type: Standard Bus Shelters
Agency: Corpus Christi Regional Transportation Authority(CCRTA
Location: Corpus Christi, TX
Contact: Sharon Montez
Title: Managing Director of Capital Programs
Email: smontez@ccrta.or
Phone: 361-903-3531
Project Type: Standard Bus Shelters& BRT/Rail/High Capacity
To
LAR
Perfect Fit I Your Community I Our Sheltem,
Exhibit "A"
TOLA R
v
Agency: Dallas Area Rapid Transit(DART)
Location: Dallas, TX
Contact: Jennifer Jones
Title: Senior Manager Mobility Programs
DAWEmail: "ones@dart.or
Phone: 214-749-2938
® Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: City of Davenport—CitiBus
Location: Davenport, IA
Contact: John Powell
Title: General Manager
Email: 1powelI@ci.daven port.ia.us
Phone: 563-888-2150
Project Type: Standard Bus Shelters
Agency: Escambia County Area Transit(ECAT)
Location: Pensacola, FL
LEW`
Contact: Kevin Pitts
Title: Facilities Maintenance
Email: kpitts@co.escambia.fl.us
Phone: 850-595-3241
Project Type: Standard Bus Shelters
Agency: Fayetteville Transit
CtlI'r?f Location: Fayetteville, NC
e
wuw Contact: Juan Lara ui
Title: Transit Manager
mac: t- Email: 'larre ui ci.fa .nc.us
Phone: 910-433-1931
Project Type: Standard Bus Shelters
Agency: City of Gainesville Regional Transit System(RTS)
Location: Gainesville, FL
Contact: Matthew Muller
toTitle: Transit Planner
Email: mullermr@cit of ainesville.or Phone: 352-393-7820
Project Type: Standard Bus Shelters
TOLAR
The Perfect Fit I Your
Exhibit "A"
TOLAR
Agency: Des Moines Area Regional Transit Authority
Location: Des Moines, IA
dar Contact: Keith Welch
Title: Facilities Manager
Email: kwelchgridedart.com
Phone: 51S-283-5028
Project Type: Standard Bus Shelters
Agency: Go Triangle
Location: Research Triangle Park, NC
Contact: Eric Simpson
Title: Ca ital Projects Manager
Triangle Email: esim son otrian le.com
Phone: 919-485-7SS7
Project Type: Standard Bus Shelters
Agency: Greensboro Transit
Location: Greensboro, NC
Contact: Bruce Adams
Title: General Manager
The l/�i�}�%i�,�ta�tar• Email: Bruce.adams 9 greensboro-nc.ggv
Phone: 336-412-6237
Project Type: Standard Bus Shelters
Agency: Hillsborough Area Regional Transit(HART)
Location: Tampa, FL
Contact: DeWa ne Brown
■ HART Title: Project Manager
Email: brownd2 ohart.or
Phone: 813-384-6567
Project Type: I Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: The Interurban Transit Partnership (The Rapid)
Location: Grand Rapids, MI
_ Contact: Maxwell Dillivan
Title: Senior Planner
Email: mdillivangridethera id.or
Phone: 616-774-1159
Project Type: I Standard Bus Shelters
TOLAR
The Perfect Fit I Your Community
Exhibit "A"
TOLAR
Agency: Jacksonville Transit
Location: Jacksonville, NC
Contact: Roy Bredahl
_ Title: General Manager
Email: rbredahl 'acksonvillenc. ov
T R A N 5 IT Phone: 910-938-5037
Project Type: Standard Bus Shelters
Agency: Jacksonville Transit Authority
Location: Jacksonville, FL
Contact: Andy Rodgers
CDTitle: Assistant Vice-President—Construction&Engineering
Email: acrodgers@itafla.com
Phone: 904-633-8537
Project T e: I Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Knoxville Area Transit
Location: Knoxville,TN
kat Contact: Si McMurray
Title: Chief Procurement Officer
K N O X V I L L E Email: smcmurraygkatbus.com
• ® '� AREA TRANSIT Phone: 865-215-7803
Project Type: Standard Bus Shelters
Agency: Livermore Amador Valle Transit Authority(LAVTA)
Location: Livermore, CA
Contact: Mike Tree
eels Title: Executive Director
Email: mtree@lavta.or
Phone: 925-455-75SS
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Massachusetts Bay Transportation Authority(MBTA)
Location: Boston, MA
Contact: Erik Scheier
Title: Senior Project Manager
Email: escheier@mbta.com
Phone: 617-899-9116
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
10LAR
The Perfect Fit I Your Community I Our Sheltd7S
Exhibit "A"
TOLAR
Agency: Memphis Area Transit Authority(MATA)
Location: Mem his, TN
fp?j Contact: Gary Crawford
Title: Program Manager
Email: gary@memphistransitads.com
Phone: 901-674-7694
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Metropolitan Atlanta Rapid Transit Authority(MARTA)
Location: Atlanta, GA
Contact: Ran VanSickle
martaxx. Title: Senior Transit Systems Planner
Email: rvansickle@itsmarta.com
Phone: 404-848-41S1
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Monterey-Salinas Transit(MST)
Location: Monterey, CA
Contact: Carl Sedoryk
Title: General Manager
Email: csedo k mst.or
Phone: 831-899-25S8
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Moron go Basin Transit Authority(MBTA)
Location: Joshua Tree, CA
Contact: Mark Goodale
o Title: General Manager
Email: mark@mbtabus.com
Phone: 760 366-2986
Project Type: Standard Bus Shelters
Agency: North County Transit District(NCTD)
Location: Oceanside, CA
Contact: Bil101szanick
Title: Service Implementation Manager
NORTH COUNTY Email: bolszanick nctd.or
TRANS" DISTRICT Phone: 760-966-6591
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
TOLAR
The Perfect Fit I Your . Our Shelters'
Exhibit "A"
TOLAR
Agency: Okaloosa County Transit
Location: Fort Walton Beach, FL
Contact: Janet Willis
Title: Transit Coordinator
Email: willis@m okaloosa.com
(�
■ i0,got Phone: 850-683-6255
Project Type: Standard Bus Shelters
Agency: Regional Transportation Commission-Southern Nevada, Las
Vegas(RTC)
Location: Las Vegas, NV
Contact: Carl Scarbrough
Title: Manager-Transit Advertising and Facilities
RTC Email: scarbrou he@rtcsnv.com
Phone: 702-676-1602
Project Type: Standard Bus Shelters
Agency: Riverside Transit Agency(RTA)
Location: Riverside, CA
Contact: Robert Wyman
- Title: Sr. Facilities/Construction Project Manager
-w...w"trmok wo.wer Email: rwymangriversidetransit.com
Phone: 951-5655190
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Rock Region METRO
Location: Little Rock,AR
Contact: Joe Proco
Title: Procurement Manager
Rock Region Email: roco @rrmetro.or
METRO Phone: 501-375-6717 Ext. 228
Project T e: Standard Bus Shelters
Agency: San Diego County Association of Governments(SANDAG)
Location: San Diego, CA
!!YDA6 Contact: Dennis Wahl
QTitle: Senior Engineer
Email: dwa@sandag.org
Phone:
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
TOLAR
The Perfect Fit I Your Community f= •
Exhibit "A"
TOLAR
Agency: StarMetro—City of Tallahassee
Location: Tallahassee, FL
Contact: Mary White
Title: Project Coordinator
Email: Mar .white tal ov.com
Phone: 850-891-5384
Project Type: Standard Bus Shelters
Agency: Topeka Metro
Location: Topeka, KS
Contact: Susan Duffy
TOPEKA Title: General Manager
METRO Email: sduffy@topekametro.org
Phone: 785-233-2011
Project Type: Standard Bus Shelters
Agency: Torrance Transit
Location: Torrance, CA
O — Contact: lames Lee
Title: Administrative Manager
Email: 'ameslee torranceca. ov
Phone: 310-781-6924
Project Type: Standard Bus Shelters&BRT/Rail/Hi h Capacity
Agency: Trinity Metro
Location: Fort Worth, TX
Contact: lose Perez
TRINITY/y/ METRO" Title: Planning Infrastructure Coordinator
Email: jperez the-t.com
Phone: 817-215-8707
Project Type: Standard Bus Shelters
Agency: WeGo Public Transit (Nashville MTA)
Location: Nashville, TN
■ ■ ■ WeGo Contact: D'Nese Nicolosi
• • Title: Transit Stop Manager
Public Transit Email: dnese.nicolosi@nashville.gov
Phone: 615-880-2100 x 1547
Project Type: Standard Bus Shelters& BRT/Rail/Hi h Capacity
Additional information about Tolar projects can be obtained at www.tolarmfg.com
IOLAR
ATTKCAI1'�,13'
SUBCONTRACTOR INFORMATION FORM
COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 23-021 Community Development Block Grant (CDBG) Bus Shelters
RESPONDENT'S NAME: Tolar Manufacturing Company, Inc. DATE: 3/29/2023
• CIRCLE ONE - NO, I WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT NO
YES, I INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT YES
If yes complete the information below
1. Subcontractor Name L.A.W. Contracting, LLC
Name of Contact Jack Wideman
E-Mail Address jwidemanjr@hotmaii.com
Address 126 Yosemite Drive
City, State, Zip Code San Antonio, TX 78232
Telephone Number (210 ) 669-2267 Fax Number: ( )
Describe work to be
performed Demolition, removal, concrete and installation. Furnishings by Tolar.
Percentage of contract 41 %
work to be performed
2. Subcontractor Name
Name of Contact
Title of Contact
E-Mail Address
Address
City, State, Zip Code
Telephone Number ( ) Fax Number: ( )
Describe work to be
performed
Percentage of contract
work to be performed
• Add additional pages as needed
& IZ4Z
Community Development Block Grant(CDBG) Bus Shelters
Attachment C-Cost Proposal Sheet
The Respondent represents they are submitting a binding offer and are authorized to bind the respondent to fully comply with the solicitation documents
contained in RFP 23-021 Community Development Block Grant(CDBG)Bus Shelters.The Respondent acknowledges that they have received and read the
entire solicitation packet,attachments,addendums,and all documents incorporated by reference,and agrees to be bound by the terms therein.
Special Instructions:The City reserves the right to purchase more or less than the quantities indicated below.
No. Description Estimated Unit Unit Cost Extended Total
Quantity
Bus Shelter equipment(including benches,litter receptacles,
1 lighting,and all other hardware) 7 EA $14,315.00 $100,205.00
Location#1
Georgetown&Palm Valley(Northbound)Turn-key cost for
demolition,removal of existing equipment,concrete foundation,
2 and installation of new equipment. 1 EA $10,135.00 $10,135.00
Location#2
Georgetown&Palm Valley(Southbound)Turn-key cost for
demolition,removal of existing equipment,concrete foundation,
3 and installation of new equipment. 1 EA $10,135.00 $10,135.00
Location#3
Sunrise&Old Settlers(Northbound)Tum-key cost for demolition,
removal of existing equipment,concrete foundation,and
4 installation of new equipment. 1 EA $10,135.00 $10,135.00
Location#4
Sunrise&Old Settlers(Southbound)Turn-key cost for demolition,
removal of existing equipment,concrete foundation,and
5 installation of new equipment. 1 EA $10,135.00 $10,135.00
Location#5
University&Terra Vista(Northbound)Turn-key cost for demolition,
removal of existing equipment,concrete foundation,and
6 installation of new equipment. 1 EA $10,135.00 $10,135.00
Location#6
Main&Georgetown(Northbound)Turn-key cost for demolition,
removal of existing equipment,concrete foundation,and
7 installation of new equipment. 1 EA $10,135.00 $10,135.00
Location#7
Georgetown&Main(South bound)Turn-key cost for demolition,
removal of existing equipment,concrete foundation,and
8 installation of new equipment. 1 EA $10,135.00 $10,135.00
Project Total: $171,150.00
1of1
Exhibit "A"
Attachment D
Bus Shelter Locations
#1 Georgetown &
Palm Valley
-� (Northbound)
f- Stop ID 6199
r
r
#2 Georgetown &
Palm Valley
(Southbound)
Stop ID 6200
rr
21Page
Exhibit "A"
Old Settlers
' Stop ID 6214
. h
k>
i
�iOld Settlers
,s� S
• • • •
'Ru. Stop 6213
Exhibit "A"
#5 University &
Terra Vista
(Northbound)
New Stop
#6 Main &
Georgetown
(Northbound)
Stop ID 6197
H;
NNplli�♦•Nil.i11, 1 4 � 1.�
11�111H.i 11.E{''iNWI. +rru
NINi 1
41Page
Exhibit "A"
t i
P
• `' i #7 Georgetown &
Main
(Southbound)
Stop ID 6198
.csi4f•
r '
:c•
fit*=
5lPage
Exhibit "A"
Georgetown &Palm Valley, Stop ID: 6199, 6200
a
-Zvi IVW
i�
ra
Sunrise&Old Settlers,Stop ID: 6214, 6213
i°40
g _ * Its -- �•
O
i
GoodwillExhibit "A"
University(677 University) ..
Main&
i
Georgetown, •.
10
sow
FEW
Exhibit "A"
Instructions to Bidders Regarding CDBG Regulations
• All required Certifications must be reviewed, completed,and submitted with the final
bid/proposal packet. Failure to do will result in a non-responsive bid/proposal that will
be automatically disqualified.
• The Contractor's Guide to Prevailing Wage Requirement for Federally-Assisted
Construction Projects is available at the following website address:
https://portal.hud.gov/hudportal/HUD?src=/Proitram offices/administration/hudclip
s/guidebooks/4812LR .A PDF copy can also be provided upon request.
• The Department of Labor (DOL) General Wage Decision Number TX 20230007 dated
02/06/2023,will be applicable to this project. In the event that the DOL releases a new
wage decision before the bid opening the new decision will supersede the wage decision
notes above. The approved wage decision will "lock in"at the bid opening. In the event
that the contract is not awarded within 90 days after the bid opening the City will
download a new age decision and the contract date will"lock in"the new wage decision.
• If the specific work classification is not listed on the current wage decision TX20230007,
a wage decision must be requested from the DOL. The requested classification and wage
rate for this classification will have to be in line to the wage rates listed on the wage
decision applicable to this project. Form HUD 4230A,Request for Additional Classification
and Rate, should be completed and submitted after the bid opening at the earliest time
possible to the Community Development CDBG Coordinator Elizabeth Alvarado.
• All employees working on this project will be required to be paid at a minimum the wages
listed on this wage decision while working on this project. The applicable wage decision
will need to be posted at the job site for the duration of the proiect.
• All Federal posters included in this bid packet will need to be posted at the job site for the
duration of the project.
Exhibit "A"
• Projects may be subject to the Section 3 requirements of the Housing and Urban
Development Act of 1968. Preference will be given to Section 3 Certified Business
Concerns in the awarding of bids. When a Section 3 covered contact is to
be awarded based upon the price, the Section 3 business concern with the lowest
responsive bid shall be given the opportunity to match the lowest responsive bid from
any qualified source. If said Section 3 Business Concern cannot match the lowest
responsive bid,then the award shall be made to the lowest bidder. In cases where more
than one Section 3 Business Concern is able to match the non-Section 3 Business proposal,
the City will maintain an order of priority as established below:
Category 1:
Certified Section 3 Business Concern that is providing economic opportunities for Section 3
residents in the following locations:
• Service area or neighborhood
• Public Housing Residents
• Limits of unit of local government
• Metropolitan Statistical Area
• County in which recipient is located
Contractor and subcontractors that can clearly demonstrate how they will meet the
requirements in this section will be given a contracting preference. Proiect awards under
$200,000 are excluded from Section 3 requirements.
For any questions regarding the CDBG instructions to bidders,please contact Elizabeth Alvarado,
CDBG Coordinator at ealvarado@roundrocktexas.gov or at 512-341-3328.
Exhibit "A"
I. CDBG Required Certifications
All required certifications should be reviewed, completed, and submitted with
the final bid/proposal packet. If these documents are not submitted, the
submittal will be deemed non-responsive and disqualified from possible award.
a. Prospective contractor/vendor is required to have an active registration in
the System for Award Management (SAM). Instructions on how to register
are included. The website link for registration is www.sam.gov .
b. The Certification Regarding Debarment and Suspension from must be
completed and submitted with final proposals.
C. The Request for Taxpayer Identification Number and Certification form must
be completed and submitted with final bid/quote.
d. Prospective contractor/vendor must review the Conflict-of-Interest
Summary of Rules for CDBG Contractors. The affidavit must be reviewed,
signed, and submitted. ANY possible conflict of interest must be reported.
e. Prospective contractor/vendor must complete and submit the Certification
Regarding Equal Employment Opportunity.
f. Prospective contractor/vendor must review and submit the Certification
Designating an Officer or Employee to Supervise Payment when Davis Bacon
Labor Standards apply to the project.
g. Prospective contractor/vendor should complete and submit the Clean Air
and Water Certification, if applicable.
h. Prospective contractor/vendor should complete and submit the Certification
on Non-Lobbying Activities. Additional information is included.
i. Prospective contractor/vendor must complete and submit the Non-Collusion
Affidavit. Additional information is included.
j. Information regarding use of Minority-Owned Business Enterprises/Women
Owned Business Enterprises is included.
k. If this project is subject to Section 3 compliance as explained in the
Instructions to Bidders, the documents should be reviewed and completed
as applicable.
Exhibit "A"
System for Award Management Instructions (SAM)
Exhibit "A"
SYSTEM FOR AWARD MANAGEMENT
REGISTRATION AND ACTIVATION
Any business choosing to bid or provide proposals on Federally Funded
projects, must be currently REGISTERED and ACTIVE IN THE System for
Awards Management (SAM) database, at the time of bid opening. The
database is the primary federal registrant portal for the collecting,validating,
storing,and disseminating data on federal awards. SAM is an official website
of the U.S. Government and there is not cost to register on this site.
1. Does your organization have ACTIVE REGISTRATION status with SAM.gov?
XZYES NO
2. If so, please provide your organization's Unique Entity ID (UEI#):
XNKXFKMDZLX8
Bidders are required to provide the UEI#. To register, please access the
following internet website: http://sam.gov .
What is the UEI?
Beginning April 2, 2022, the federal government will stop using the DUNS
number issues by DUN and Bradstreet to uniquely identify entities. At this
point, entities doing business with the federal government will use a Unique
Entity Identifier (UEI) number assigned in the SAM.gov and will not longer
use a third-party website to obtain their identifier number. Entities are able
to manage organizational information, such as legal business name and
physical address associated with UEI number, directly from SAM.gov .
How do I register with SAM?
To register with SAM, go to the System for Award Management (SAM) site.
Follow the online instructions to complete SAM registration. If you have any
questions, please contact the Federal Service Desk at www.FSC.gov . Their
phone number is (866) 606-8220.
Exhibit "A"
Certification Regarding Debarment and
Suspension
Exhibit "A"
Certification Regarding U.S.Department of Housing
Debarment and Suspension and Urban Development
Certification A: Certification Regarding Debarment,
Suspension and Other Responsibility Matters - Primary
Covered Transactions
1.The prospective primary participant certifies to the best of its knowledge 4. The prospective primary participant shall provide immediate
and belief that its principals: written notice to the department or agency to whom this proposal is
submitted if at any time the prospective primary participant leams
a. Are not presently debarred, suspended. proposed for debarment, that its certification was erroneous when submitted or has become
declared ineligible,or voluntarily excluded from covered transactions by erroneous by reason of changed circumstances.
any Federal debarment or agency,
S. The terms covered transaction, debarred, suspended,
b. Have not within a three-year period preceding this proposal, been Ineligible,lover tier covered transaction,participant, person,
convicted of or had a civil judgment rendered against them for commission primary covered transaction, principal, proposal, and
of fraud or a criminal offense in connection with obtaining,attempting to voluntarily excluded, as used in this clause,have the meanings
obtain, or performing a public (Federal, State, or local) transaction or set out in the Definitions and Coverage sections of the rules
contract under a public transaction;violation of Federal or State antitrust implementing Executive Order 12549. You may contact the
statutes or commission of embezzlement, theft, forgery, bribery, department or agency to which this proposal is being submitted for
falsification,or destruction of records,making false statement,or receiving assistance in obtaining a copy of these regulations.
stolen property:
6. The prospective primary participant agrees by submitting this
c.Are not presently indicted for or otherwise criminally or civilly charged by proposal that,should the proposed covered transaction be entered
a governmental entity(Federal,State or local)with commission of any of into,it shall not knowingly enter any lower tier covered transaction
the offenses enumerated in paragraph(1)(b)of this certification;and with a person who is debarred,suspended,declared ineligible,or
voluntarily excluded from participation in this covered transaction,
d.Have not within a three-year period preceding this applicationlproposal unless authorized by the department or agency entering into this
had one or more public transactions(Federal,State or local)terminated for transaction.
cause or default.
7.The prospective primary participant further agrees by submitting
2.Where the prospective primary participant is unable to certify to any of this proposal that it will include the clause fitted 'Certification
the statement in this certification,such prospective participant shall attach Regarding Debarment, Suspension, Ineligibility and Voluntary
an explanation to this proposal. Exclusion - Lower Tier Covered Transaction,' provided by the
department or agency entering into this covered transaction,without
Instructions for Certification(A) modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
1. By signing and submitting this proposal, the prospective primary
participant is providing the certification set out below. 8. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
2.The inability of a person to provide the cerlficabon required below will transaction that it is not debarred, suspended, ineligible, or
not necessarily result In denial of participation in this covered transaction. voluntarily excluded form the covered transaction,unless It knows
The prospective participant shall submit an explanation of why it cannot that the certification is erroneous. A participant may decide the
provide the certification set out below. The certification or explanation will method and frequency by which it determines this eligibility of its
be considered in connection with the department or agency's principals. Each participant may,but is not required to,check the
determination whether to enter into this transaction. However,failure of Non-procurement list.
the prospective primary participant to furnish a certification of the
prospective primary participant to furnish a certification or an explanation 9.Nothing contained in the foregoing shall be construed to require
shall disqualify such person from participation in this transaction. establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and
3.The certification in this clause is a material representation of fact upon information of a participant is not required to exceed that which is
which reliance was in place when the department or agency determined to normally possessed by a prudent person in the ordinary course of
enter Into this transaction. If it is later determined that the prospective business dealings.
primary participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the 10.Except for transactions authorized under paragraph(6)of these
department or agency may terminate this transaction for cause or default. instructions. if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause of default.
Page 1 of 2 form HUD-2992(3198)
Exhibit "A"
Cartillutton B: Co"Acatlon Regarding Debarment, Suspension,
Inallglbls and Voluntary Excluslon-Lower Tier Covered Transactions
1. The prospective lover tier participant cerifies. by submission of this S.The prospective lower tier participant agrees by submitting this
proposal,that neither it rot Its principals is presently debarred,suspended, proposal that,should the proposed covered transaction be entered
proposed for debarment,declared ineligible,or voluntarily excluded from into,it shall not knowingly enter into an lower bar transaction with a
parbapation in this transacton by any Federal department or agency. person who is debarred. suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
2.Whims the prospective lower tier participant a unable to testify to any of unless authorized by the department or agency with which this
the statements in this cartiacation,such prospective participant shall anach cmaction originated.
an explanaton to this proposal.
6. The prospective lower liar participant further agrees by
Instructions for Certlflcation(a) submitting this proposal that it will include this clause tined
'Certification Regarding Debarment, Suspension,Ineligibility and
1. By signing and submitting this proposal, the prospective lower tier Voluntary Exclusion-Lower Tier Covered Transaction,'without
participant is providing the certification set out Below, modification, in all lower tier covered transactions and in ell
soliotations for lower tier covered transactions.
2.The certification in this clause is a materiel representation of fact upon
which reliance was placed when this transaction was entered into, if a is 7. A participant in a covered transaction may rely upon a
later determined that the prospective lower tier participant knowingly certification of a prospective participant in a lower tier covered
rendered an erroneous certification,in addition to other remedies available transaction that it is not debarred, suspended, ineligible, or
to the Federal Government. the department or agency with which this voluntarily excluded from the covered transaction,unless it knows
tansacton originated may pursue available remedies,including suspension that the certification is erroneous. A participant may decide the
and/or debarment, method and frequency by which it determines the eligibility of Its
prrcipals. Each participant may,but s not required to,check the
3. The prospective lower bar participant shall provide immediate written Nan-procuroment Gst.
nonce to the person to which this proposal is submitted if at any lime the
prospective lower tier participant barns that Its certification was erroneous 8.Nothing contained in the foregoing shell be construed to require
when submitted or has become by reason of Changed ardtlmataMea, establishment of a system of records in order to render in good
faith he cmnacabori required by this Clause. The knowledge and
4. The terms covered transaction, debarret, suspended, Ineligible, information of a participant is not required to exceed that which is
lower tier covered transaction, participant,parson,primary covered normally possessed by a prudent person in the ordinary coune of
transaction,principal,proposal,and voluntarily excluded,as used in business dealings,
this clause,have the meanings set out in the Definitions and Coverage
sections of ru'ss implementing Executive Order 12549. You may Contact 9.Except for transactions authorzed under paragraph(5)of these
the person to which this proposal is submitted for assistance in obtaining a instructions, if a participant in a lower covered transaction
copy of these regulations. knowingly enters into a lower tier covered transaction with a person
who is suspended,debarred,ineligible,or volumadly excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
with which this transaction originated may pursue available
remedies including suspension and/or debarment.
Apolirant oat,
Tolar Manufacturing Company, Inc. 3/29/2023
Signa'.rre or Authorized Candying Off ,al Title _-
Scott Williams
Business Development Manager
Page 2 0'2 fo^n HVD-2992(3%96)
Exhibit "A"
W-9 Request for Tax Payer ID
Exhibit "A"
Form W'9 Request for Taxpayer Give Form to the
(Rev.October2018) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.
Tolar Manufacturing Company,Inc.
2 Business name/disregarded entity name,if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check onlyone of the 4 Exemptions codes p ( apply only to
following seven boxes. certain entities,not individuals;see
a
nnII instructions on page 3):
p ❑ Individual/sole proprietor or u C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate
H single-member LLC
0; o Exempt payee code(if any)
0.
Z,'u ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)►
`o 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any)
another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that
a wo— is disregarded from the owner should check the appropriate box for the tax classification of its owner.
o m ❑ Other(see instructions)► evers(Apples ro ew mIWr d«tsrde rrre us.i fn 5 Address(number,street,and apt.or suite no.)See instructions. I Requester's name and address(optional)
rn 258 Mariah Circle
6 City,state,and ZIP code
Corona,CA 92879
7 List account number(s)here(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid social security number
backup withholding.For individuals,this is generally your social security number(S .However,fora _m
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other
entities,it is your employer identification number(FIN).If you do not have a number,see Now to get a
TIN,later, or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
K3] — 0 5 �4O
Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on ur tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,ca Ilation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you are not requi to sign the certification,but you must provide your correct TIN.See the instructions for Part Il,later.
Sign Signature of 1
Here U.S.person► ' Date► Z 0 Z r
General Instructions •Form 1099-DIV(dividends,including t ose from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments.For the latest information about developments .Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.gov/FormW9.
•Form 1099-S(proceeds from real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
identification number(TIN)which may be your social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(]TIN),adoption
taxpayer identification number(ATIN),or employer identification number •Form 1099-A(acquisition or abandonment of secured property)
(EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an information return.Examples of information alien),to provide your correct TIN.
returns include,but are not limited to,the following. lfyou do not return Form W-9 to the requester with a TIN,you might
•Form 1 D99-INT(interest earned or paid) be subject to backup withholding. See What is backup withholding,
later.
Cat.No.10231X Form W-9(Rev.10-2018)
Exhibit "A"
Conflict of Interest Summary and Affidavit
Exhibit "A"
CONFLICT OF INTEREST
SUMMARY OF RULES FOR CDBG CONTRACTORS
I. Introduction
Prospective CDBG contractors should carefully consider whether any of
their activities may give rise to an improper conflict of interest situation.
Conflict of interest situations that are not properly addressed can result
in a loss of CDBG funding to the program and/or to the city, and in some
cases can result in civil or criminal liability.
Organizations that are requesting CDBG funding should ask themselves
the following questions:
Are any of my employees or board members,
■ A city employee or consultant who exercises CDBG-
related functions as part of their city position?
• A City Official?
Are any immediate family members or business associates of my
employees or board members,
■ A city employee or consultant who exercises CDBG-
related functions as part of their city position?
■ A City Official?
Will any of my employees or board members receive a financial interest or
benefit from CDBG funds (other than employee salaries or personnel
benefits)? Will any immediate family members or business associates of
my employees or board members receive a financial interest or benefit
from CDBG funds(other than employee salaries or personnel benefits)?
To my knowledge, will my program or project have a financial effect on a
city official or employee who exercises CDBG-related functions, or an
immediate family member or business associate of such person? For
Exhibit "A"
CONFLICT OF INTEREST
SUMMARY OF RULES FOR CD8G CONTRACTORS
I. Introduction
Prospective CDBG contractors should carefully consider whether any of
their activities may give rise to an improper conflict of interest situation.
Conflict of interest situations that are not properly addressed can result
in a loss of CDBG funding to the program and/or to the city,and in some
cases can result in civil or criminal liability.
Organizations that are requesting CDBG funding should ask themselves
the following questions:
Are any of my employees or board members,
• A city employee or consultant who exercises CDBG-
related functions as part of their city position?
• A City Official?
Are any immediate family members or business associates of my
employees or beard members,
■ A city employee or consultant who exercises CDBG-
related functions as part of their city position?
■ A City Official?
Will any of my employees or board members receive a financial interest or
benefit from CDBG funds (other than employee salaries or personnel
benefits)? Will any immediate family members or business associates of
my employees or board members receive a financial interest or benefit
from CDBG funds(other than employee salaries or personnel benefits)?
To my knowledge,will my program or project have a financial effect on a
city official or employee wo exercises CDBG-related functions, or an
immediate family member or business associate of such person? For
Exhibit "A"
example, will any of these persons be receiving rental payments, other
business income or program services from my program?
If you can answer"yes"to any of these questions, it is possible that there
may be a conflict of interest. You should review the rules below to
determine whether an actual conflict situation is raised, and, if so, what
action needs to be taken to avoid a violation of the law. You should contact
city staff immediately if you suspect that there might be an issue.
Any contractor entering into an agreement with the City in which CDBG
funding will be utilized,will be required to warrant, and represent,to the
best of his/her knowledge at the time the contract is executed, he/she is
not aware of any improper conflict of interest as described below. Also,
the contract will obligate contractors to exercise due diligence to ensure
that no improper conflict situations occur during the contract.
The following Federal and State Conflict of Interest Laws govern activities
funded with CDBG funds:
• HUD conflict of interest regulations(24 CFR Part 570.611 and 24 CFR
Part 85.36)
• Texas Local Government Code Chapter 171.004
11. City Officials,Their Family,or Business Partners Benefittintt from CDBG
Proiects.
HUD Rule. The HUD conflict of interest rule prohibits any "covered
person" associated with the City (as defined below) from obtaining a
financial interest or benefit from a CDBG assisted activity or contract, of
the proceeds under any such contract, during that covered person's
tenure with the City and for one year thereafter. A "covered person" is
defined by HUD as any employee,agent,consultant,officer,or elected or
appointed official of the City who, with respect to CDBG-funded activities
under the contract: (a) exercises or has exercised any functions or
responsibilities; or, (b) is in a position to participate in a decision-making
process; or, (c) is in a position to gain inside information. City staff
members or consultants who exercise the above roles or function with
respect to the CDBG activity are considered "covered persons." For
purposes of the CDBG program, a "covered person" specifically includes
Exhibit "A"
any member of the Round Rock City Council,or any director of any board
associated with reviewing and making recommendations on the funding
for the contract,whether or not that council member or director actually
participated in the review or recommendation. "Covered person" may
also include member of other City boards and commissions, if that board
or commission has exercised functions or decision-making with respect to
the CDBG activity. The HUD rule further prohibits anyone with "family or
business ties" to the covered public official from receiving a financial
interest or benefit.
State law. State law requires a local public official with substantial
interest in a business entity or in real property, to file, before a vote or
decision on any matter involving the business entity or the real property,
an affidavit stating the nature of the extent of the interest. The state law
required that any public official of the City, should publicly recuse
him/herself from participating in any discussions relating to the CDBG
grant-making process. Failure of the person to recuse him/herself before
the discussions begin may disqualify the organization's application for
funds.
I11. Interests of persons associated with the contractor.
The HUD rule also addresses financial interests that are held by certain
persons associated with a CDBG contractor. The HUD rule prohibits any
"covered person" associated with the contractor from obtaining a
financial interest or benefit(with the exception of the use of CDBG funds
to pay salaries and other related administrative and personnel costs)from
a CDBG assisted activity or contract, or the proceeds under any such
contract,during that covered person's tenure with the contactor and for
one year thereafter. A "covered person" is defined by HUD as any
employee, agent, consultant, officer, or elected or appointed official of
the contractor who, with respect to CDBG-funded activities under the
contract: (a) exercises or has exercised any functions or responsibilities;
or(b) is in a position to participate in a decision-making process; or (c) is
in a position to gain inside information. This rule extends to those with
Exhibit "A"
whom the covered person has "family or business ties" (as defined
above). This rule would, for example, prohibit certain employees or
directors of a CDBG contractor from using CDBG funds to pay for rent on
a property owned by that employee or director, as well as family and
business associates of that person.
IV. Remedies and Sanctions.
The CDBG grant contract provides that if a CDBG contractor fails to make
a good faith effort to avoid an improper conflict of interest situation or is
responsible for the improper conflict situation, the City may(1) suspend
CDBG payments, (2) terminate the contract, (3) require reimbursement
by the contractor to the City of HUD of any amounts already disbursed
and/or (4) bar future CDBG funding of the contractor in the event HUD
suspends or terminates its rant to the city for conflict of interest reasons,
or in the event the city reasonably determines that an improper conflict
of interest situation may arise from payments under the contract. This
could happen whether or not the contractor is responsible for the
conflict-of-interest situation.
Certification:
I,the undersigned,acknowledge and certify that I have read and understand
the summary of Rules for CDBG Contractors.
Date: Company/Vendor Name;
3/29/2023
Tolar Manufacturing Company, Inc.
Printed Name and Title: Authorized Signatory: \
Scott Williams, Business Development Manager
Exhibit "A"
CITY OF ROUND ROCK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AFFIDAVIT REGARDING CONFLICT OF INTEREST
Acknowledgement:
I, the undersigned, certify that I have read and understand the conflict of interest
regulations by the US Department of Housing and Urban Development, Community
Development Block Grant Program,including 24 CFR Part 570.611:
24 CFR Part 570.611 (b)Conflicts prohibit.No persons described in paragraph(c)
of this section who exercise or have exercised any functions or responsibilities with
respect to activities assisted with CDBG funds or wo are in a position to participate in a
decision-making process or gain inside information with regard to these activities, may
obtain a financial interest or benefit from a CDBG-assisted activity,or have an interest in
any contract, subcontract, or agreement with respect thereto, or the proceeds
thereunder,either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter.
24 CFR Part 570.611(c)Persons covered. The conflict of interest provisions of paragraph
(b)of this section apply to any person who is an employee,agent,consultant,officer,or
elected official or appointed official to the recipient,or of any designated public agencies,
or of subrecipients that are receiving CDBG funds.
Certification:
1,the undersigned,certify and report that to the best of my knowledge,
Xl have no conflict of interest to disclose
❑I have the following conflict of interest to disclose:
Date: Company/Vendor Name:
3/29/2023 Tolar Manufacturing Company, Inc.
Printed Name and Title: Authorized Signato
Scott Williams, Business Development Manager o
Exhibit "A"
Certification Regarding Equal Employment
Opportunity
Exhibit "A"
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING EQUAL
EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to F,xecutive Order 11246(30 F.R. 12319-25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed
subcontractors,shall state as an initial part of the bid or negotiations of the contract, whether it has
participated in any previous contract or subcontract subject to the equal opportunity clause;and,if so,
whether it has filed all compliance report-,due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable
instructions,such bidders shall be required to submit a compliance report within seven
(7)calendar days after bid opening. No contract shall he awarded unless such report is submitted.
CERTIFICATION BY BIDDER
Bidder's Name: Tolar Manufacturing Company, Inc.
Address and zip code: 258 Mariah Circle, Corona, CA 92879
Bidder has participated in previous contract or subcontract subject to the Equal
Employment Opportum Clause.
Yes No_ (If answer is yes,identify the most recent contract)
Compliance reports were required to be filed in connection with such contract or
subcontract.
Yes _ No_x (If answer is yes,identify the most recent contract)
Bidder has filed all compliance reports due under applicable instructions,including SF-100.
Yes-___ No_ None Required--X_
4 If answer to Item 3 is"No",please explain in detail on the reverse side of this
certification.
Cc fica' he i fo tion hove tn,e d com 1 to the b st of my knowledge and belief.
``co °i'I1Tilliam` ,'�'�asln�ss C�evelb3merf� lanagel�
(Name and Title of i t r-plcaKe type) —
c
__. 3/29/2023
signals Date .-.-------�
HUD.1238
Exhibit "A"
CERTIFICATION OF SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
NAME OF PRIME Type text here
CONTRACTOR:
PROJECT#:
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25). The implementing rules and
regulations provide that any bidder or prospective contractor,or any of their proposed subcontractors,shall state as
an initial part of the bid or negotiations of the contract,whether it has participated in any previous contract or
subcontract subject to the equal opportunity clause;and,if so,whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,
such bidders shall be required to submit a compliance report within seven
(7)calendar days after bid opening. No contract shall be awarded unless such report is submitted.
CERTIFICATION BY SUBCONTRACTOR
NAME AND ADDRESS OF SUBCONTRACTOR(Include ZIP Code)
I Subcontractor has participated in previous contract or subcontractor subject to the
Equal Employment Opportunity Clause.
Yes No (If answer is yes,identify the most recent contract)
Compliance reports were required to be filed in connection with such contract or
subcontract.
Yes No (If answer is yes,identify the most recent contract)
Bidder has filed all compliance reports due under applicable instructions,including SF-100.
Yes No None Required
4 Have you ever been or are you being considered for sanction due to violation of
Executive Order 11246,as amended.
Yes No
Certification — The information above is true and complete to the best of my knowledge and belief.
(Name and Title of Signer—please type)
Signature Date
Exhibit "A"
Certification Designating Officer or
Employee to Supervise Payment
Exhibit "A"
COMMUNITY DEVELOPMENT/GRANTS MANAGEMEN/DEPT.
CERTIFICATE FROM CONTRACTOR/SUBCONTRACTOR
DESIGNATING OFFICER OR EMPLOYEE
TO SUPERVISE PAYMENT OF EMPLOYEES
Project Name: Date:
Location: Project No.:
(1) (We)hereby certify that(I am)(we are)(the prime contractor)(a subcontractor)
for in connection with
(Specify"General Construction,""Plumbing,""Roofing,"etc.)
construction of the above-mentioned CDBG Project,and that(1)(we)have appointed
,whose signature appears below,to supervise the payment
of(my)(our)employees beginning ,20 : That he/she is in a position to
have full knowledge of the facts set forth in the payroll documents and in the Statement of Compliance
required by the so-called Kick-Back Statute which he/she is to execute with (my)(our)full authority and
approval until such time as(1)(we)submit to the City a new certificate appointing some other
person for the purposes herein above stated.
(Signature of Appointee) (Name of Finn or Corporation)
List with signatures all owners,partners,and/or officers of the Corporation below:
(Signature) (Title)
(Signature) (Title)
(Signature) (Title)
NOTE:This certificate must be executed by authorized officers of the corporation and/or by members of the
partnership,and shall be executed prior to and be submitted with the first payroll.Should the appointee be
changed,a new certificate must accompany the first payroll for which the new appointee executes the
Statement of Compliance required by the Kick-Back Statute.A new designation is not necessary as long as
the person signing the Statement of Compliance is an owner, partner or officer of the Corporation whose
signature appears above.
Revised January 2019
Exhibit "A"
Certification Regarding Clean Air and Water
Exhibit "A"
CLEAN AIR AND WATER CERTIFICATION
(For all contracts exceeding$100,000 including indefinite quantities where the
amount is expected to exceed$100,000 in any year)
The Bidder certifies that:
1.Any facility to be used in the performance of this proposed contract is not listed on
the Environmental Protection Agency List of Violating Facilities,
2.The bidder will immediately notify the Procuring Agency,before award, of the receipt
of any communication from the Administrator,or a designee,of the Environmental
Protection Agency,indicating that any facility that the Bidder proposes to use for the
performance of this contract is under consideration to be listed on the EPA List of
Violating Facilities,and
3.The Bidder will include a certification substantially the same as this certification,
including this paragraph, in every non-exempt subcontract.
Signature of Contractor's Authorized Official:
Name of Contractor's Authorized Official: Scott Williams
Title of Contractor's Authorized Official: Business Development Manager
Date: 3/29/2023
Exhibit "A"
Certification Regarding Non-Lobbying Activities
Exhibit "A"
CERTIFICATION ON NON-LOBBYING ACTIVITIES
CERTIFICATION FOR CONTRACTS GRANTS AND LOANS
The undersigned certifies,to the best of his or her knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Undersigned,to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant or Federal loan, and the extension, continuation, renewal,
amendment, or modification of any Federal contract,grant or loan.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant or loan, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure of Lobbying Activities,"in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the Award documents for all subawards at all tiers (including
contracts, subcontracts, and subgrants under grants and loans) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
Scott Williams Business Development Manager
NAM TITLE --
3/29/2023
SIGNATURE ---
Exhibit "A"
Non-Collusion Affidavit for Prime
Bidder/Subcontractor
Exhibit "A"
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER/SUBCONTRACTOR
State of Texas)
County of Williamson)
City of Round Rock)
Scott Williams
being the first duly sworn,deposes and says that
S.He/she is of Business Development ( pnager Tolar Manufacturing Company, Inc.
(Owner,partner,etc.) (Company)
the Bidder that has submitted the attached Bid;
2.He/she is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
3.Such Bid is genuine and is not a collusive or sham Bid;
4.Neither the said Bidder nor any of its officers,partners,owners,subcontractors,agents,
representatives,employees or parties in interest including this affiant,has in any way colluded,
conspired,connived or agreed,directly of indirectly,with any other Bidder,firm or person to submit a
sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain
from bidding in connection with such Contract,or has in any manner,directly or indirectly sought by
agreement or collusion or communication or conference with any other Bidder,firm or person to fix
price or prices in the attached Bid or of any other Bidder,or to fix overhead,profit or cost element of
the bid price or the bid price of any other bidder,or to secure through any collusion,conspiracy,
connivance or unlawful agreement and advantage against the City of Round Rock;
S.No member of the City Council,or any person in the employ of the City is directly or indirectly
interested in the bid,or the work to which it relates,or in any portion of the profits thereof;and,
6.The price of prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy,connivance or unlawful agreement on the part of the Bidder or any of its agents,
representatives,owners,employees or parties in interest including this affiant;
7.1 have read and understand the document and agree(s)to comply with the terms and conditions
contained as the date hereof .1 the Bidder am not indebted to the City of Round�ck in any form or
manner.
Signature: r Date: 3/29/2023
Business Development Manager //I� /'VDL�
Title: Notary:
(Apply Notary Sea])(Print or type names under all signatures
CHRISTOPHER MENDOZA
' Notary Public•California
Riverside County
Commission#2323146
`'< My Comm.Expires Apr 1,2024
Exhibit "A"
INFORMATION REGARDING
THE USE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MBE/WBE)
Procedures for Implementation of 40 CFR Part 31.136(e)
(Minority Business EnterprisetWomen's Business Enterprise)
Each bidder must fully comply with the requirements, terms, and conditions of the
Federal policy to award a fair share of sub-agreements to minority and women's
businesses. The bidder commits itself to taking affirmative actions contained herein,
prior to submission of bids or proposals.
Affirmative Actions
1. When feasible, segmenting total work requirements to permit maximum MBE/WBE
participation.
2. Assuring that MBEs and WBEs are solicited whenever they are potential sources of
goods or services.This activity may include:
a. Sending letters or making other personal contacts with MBEs and WBEs
(contact CDBG for website information)or other MBE/WBEs known to the bidder.
MBEs and WBEs should be contacted when other potential subcontractors are
contacted, within reasonable time(fifteen days) prior to bid submission or closing
date for receipt of initial offers. Those letters or other contacts should
communicate the following:
i. Specific description of the work to be subcontracted;
ii. How and where to obtain a copy of plans and specifications or other
detailed information needed to prepare a detailed price quotation;
iii. Date quotation is due to the bidder;
iv. Name, address, and phone number of the person in the bidder's firm
whom the prospective MBE/WBE subcontractor should contact for
additional information.
b. Sending letters or making other personal contacts with local, state, Federal,
and private agencies and MBE/WBE associations relevant to the project. Such
contacts should provide the same information provided in the direct contacts to
MBE and WBE firms.
3. Establishing delivery schedules, if feasible, which will encourage participation by
MBEs and WBEs.
Determination of Compliance
It is to be noted that bidders must demonstrate compliance with MBE/WBE
requirements to be deemed responsible. Demonstration of compliance shall
include, but is not limited to,the following information:
1. Names, addresses, and phone numbers of MBE/WBEs expected to perform
Exhibit "A"
work;
2. Work to be performed by the MBEs and WBEs;
3. Aggregate dollar amount of work to be performed by MBEs and WBEs, showing
aggregate to MBEs and aggregate to WBEs separately;
4. Description of contacts to MBE and WBE organizations, agencies, and associates
which serve MBE/WBEs, including names of organizations, agencies, and associations,
and date of contacts;
5. Description of contacts to MBEs and WBEs, including number of contacts, fields, (i.e.
equipment or material supplier,excavators, transport services,electrical subcontractors,
plumbers, etc.)and date of contacts.
To demonstrate compliance, all bidders must complete the following Minority and
Women's Business Enterprise Utilization Worksheet and submit it to the Owner with
their bid.
Exhibit "A"
This form to be submitted with Bid:
MINORITY AND WOMEN'S BUSINESS ENTERPRISE UTILIZATION
WORKSHEET
Grant Applicant
Project Number 23-021 Community Development Block Grant(CDBG) Bus Shelters
Contractor/Engineer Tolar Manufacturing Company, Inc.
Address,City,State,and Zip 258 Mariah Circle, Corona,CA 92879
Contact Person Scott Williams Telephone No 951-808-0081
Amount of Contract$171,150.00MBEPercentage WBE Percentage: 31%
I. MBE Subcontractor L.A.W. Contracting, LLC
WBE NZ Address,City,State,Zip 126 Yosemite Drive,San Antonio, TX 78232
Contact Person D'Ann Wideman
Amount of Subcontract $53,200.00 Tax ID Number 01-0674706
Scope Of work Demolition, removal.concrete and installation. Furnishings by Tolar.
2. MBE Subcontractor
WBE Address,City,State,Zip
Contact Person
Amount of Subcontract Tax ID Number
Scope Of Work
3. MBE Subcontractor
WBE Address,City,State,Zip
Contact Person
Amount of Subcontract Tax ID Number
Scope Of Work
4. MBE Subcontractor _
WBE Address,City,State,Zip
Contact Person
Amount of Subcontract Tax ID Number
Scope Of Work
3/31/2021 Exhibit "APGnow
Certified Profile CLOSEWINDOW
Print
Business & Contact Information
BUSINESS NAME L.A.W. Contracting, LLC
OWNER Ms.D'Ann Wideman
ADDRESS 126 Yosemite Dr. %lap This Address
San Antonio,TX 78232
PHONE 210-286-8131
FAX 210-764-8442
EMAIL lawcontracting@hotmail.com
WEBSITE lawcontrating.com
COUNTY Bexar(TX)
Certification Information
CERTIFYING AGENCY South Central Texas Regional Certification Agency
CERTIFICATION TYPE DBE-Disadvantaged Business Enterprise
CERTIFIED BUSINESS DESCRIPTION Poured Concrete Foundation and Structure Contractors,Site Preparation
Contractors,All Other Specialty Trade Contractors
Commodity Codes
Code Description
NAICS 238110 Poured Concrete Foundation and Structure Contractors
NAICS 238910 Site Preparation Contractors
NAICS 238990 All Other Specialty Trade Contractors
Additional Information
https://txdot.txdotcros.com/FrontEnd/SearchCertifiedDirectory.asp?XID=7089&TN=txdot 1/1
C,,,NTRAt Exhibit "A"
South Central Texas Re *onal Certification Anne
"Increasing economic prosperity by creating opportunities and
171 eliminating barAP
iters"
�RTIFICA`t
J TUC[' 1
March 3,2020 �" v
D'Ann Wideman �CaafioltQt�
L.A.W.Contracting,LLC
126 Yosemite Dr.
San Antonio,TX 78232
Dear D'Ann Wideman:
We are pleased to inform you that your application for certification in our Disadvantaged Business Enterprise Program has been
approved with the South Central Texas Regional Certification Agency(SCTRCA)and with the State of Texas Unified Certification
Program (TUCP). In accordance with U.S. Department of Transportation(USDOT)DBE certification eligibility requirements
promulgated at 49 CFR. Part 26 and/or Part 23 and is currently certified as a:
'Disadvantaged Business Enterprise(DBE)
Certification Number:220039704
Certification Anniversary: March 31, 2021
Providing the following products or services:
NAICS 238110: POURED CONCRETE FOUNDATION AND STRUCTURE CONTRACTORS
NAICS 238910:SITE PREPARATION CONTRACTORS
NAICS 238990:ALL OTHER SPECIALTY TRADE CONTRACTORS
This certification shall remain valid, unless and until it has been removed in accordance with procedures set fourth in 49 CFR§26.8T.
In order to remain certified, it is your obligation to submit an Annual Update and Affidavit("No Change Affidavit")annually on or
before the anniversary of your DBE certification.A No Change Affidavit is a sworn affidavit affirming that there have been no changes
in the firm's circumstances affecting its size,disadvantage status,ownership or the control requirements of the regulation,or any
material change in the information provided in its application for DBE certification,including the support documentation. Please note
that the SCTRCA reserves the right to request any other documentation that may be necessary to make a certification determination.
Please notify this office within thirtv(30)days of any changes affecting the size,ownership. control requirements,or any material
change in the information provided in the submission of the certification application. Failure to provide these changes could result ini
your firm being removed from the certified vendor database.The SCTRCA and/or the TUCP reserve the right to re-evaluate a firm's
certification status at anytime that they determine such re-evaluation is warranted.
Thank you for your partici ation in the SCTRCA DBE Certification Program.
Sin y;
Charles Johnson,
Executive Director
3201 Chern•Ridge Dr.,13L&li11g F3,Suite#210 San.lnronio'FX 78230 Phone.:{210)227-fRC.A (-f',22)
Exhibit "A"
Section 3 Information and Eligibility Requirements
Exhibit "A"
SECTION 3 FREQUENTLY ASKED QUESTIONS
WHAT IS SECTION 3?
Section 3 is a provision of the Housing and Urban Development(HUD)Act of 1968 which ensures that
employment and other economic opportunities generated by certain HUD financial assistance shall,to
the greatest extent feasible,be directed to low and very low-income persons.
The City of Round Rock is committed to promoting employment,contracting,and training opportunities
to low and very low-income individuals and to business concerns who employ such individuals.
WHICH CITY OF ROUND ROCK PROJECTS ARE SUBJECT TO SECTION 3 REQUIREMENTS?
Section 3 projects include housing rehabilitation,housing construction and other public construction
(infrastructure,public facilities,park improvements etc.)assisted under the Community Development
Block Grant Program(CDBG)when the total funding amount exceeds$200,000.
WHAT IS A SECTION 3 BUSINESS CONCERN?
A Section 3 Business Concern is a business that meets at least one of the following criteria,documented
within the last 6 months:
1.At least 51%owned and controlled by low or very low income persons;or
2.Over 75%of the labor hours performed for the business over the prior 3-month period were
performed by Section 3 workers;or
3.A business at least 51%owned and controlled by current public housing residents or residents who
currently live in Section 8-assisted housing.
If your business meets the criteria as noted above,please register as a Section 3 Business Concern on
the HUD Section 3 Business Registry database here:
https://portalapps.hud.gov/sec3BusReg/BRegistr-V/What
*Please note that registry on this database DOES NOT GUARANTEE contract preference.The City of
Round Rock must still review and verify the attached certifications and provide final approval.
WHO IS A LOW-INCOME PERSON?To determine if a person is considered low-income,please refer to
the FY2021 HUD Individual Income Limits included in the attached Section 3 Eligibility Guidelines.
WHO IS A"SECTION 3 WORKER"?
A Section 3 worker is any worker who currently meets,or when hired within the past S years met,at
least one of the following categories:
1.The worker's income for the previous or annualized calendar year is below the income limit
established by HUD;or
2.The worker is employed by a Section 3 Business Concern;or
3.The worker is a YouthBuild Participant.
Exhibit "A"
WHO IS A"TARGETED SECTION 3 WORKER"?
A Section 3 worker is any worker who currently meets,or when hired within the past 5 years met,at
least one of the following categories:
1.The worker is employed by a Section 3 Business Concern;or
2.Currently meets or when hired met,at least one of the following,documented within the past 5
years:
•Living in the service area or the neighborhood of the project,as defined in 24 CFR Part 75.5;or
•Is a YouthBuild Participant.
If you have questions or need assistance,please contact the Community Development office at(512)
341-3328
Exhibit "A"
Section 3 Business Concern Certification
Instructions:
Enter the following information and select the criteria that applies to certify your
business's Section 3 Business Concern status.
Business Information
Name of Business:
Address of Business: _
Name of Business Owner:
Phone Number_ Email:
Preferred Contact Information
❑ Same as above
Name of Preferred Contact
Phone Number Email:
Type of Business(select from the following options):
❑Corporation ❑Partnership OSole Proprietorship ❑Joint Venture
Select from ONE of the following three options below that applies and provide
required documentation for verification and certification:
❑ At least 51% of the business is owned and controlled by low or very low income
Persons(Refer to Eligibility Guidelines document).
o Most Recent Income Tax Return Statement
❑ At least 51% of the business is owned and controlled by current public housing
residents or residents who currently live in Section 8-assisted housing.
o Letter of verification from the Public Housing Authority
❑Over 75% of the labor hours performed for the business over the prior three-month
period are performed by Section 3 workers (Refer to Eligibility Guidelines document).
o Payroll Hours Log for ALL employees for the prior three-month period;and
o Payroll Hours Log for the prior three-month period showing at least 75%of total
hours were worked by Section 3 or Targeted Section 3 Workers; and
o Section 3 or Targeted Section 3 Self-Certifications for all workers included in
the 75% claim
NOT APPLICABLE
3/29/2023
Exhibit "A"
Business Concern Affirmation
I affirm that the above statements(on the frontside of this form) are true, complete, and
correct to the best of my knowledge and belief. i understand that businesses who
misrepresent themselves as Section 3 business concerns and report false information to
the City of Round Rock may have their contracts terminated as default and be barred
from ongoing and future considerations for contracting opportunities.
I hereby certify, under penalty of law, that the following information is correct to the best
of my knowledge.
NOT APPLICABLE
Print Name: Scott Williams, usiness Development Manager
Signature:_ Date: 3/29/2023
Certdication expires whin six months of the date of signature
Information regarding Section 3 Business Concerns can be found at 24 CFR 75.5
FOR ADMINISTRATIVE USE ONLY
['sth.
business a Section 3 Business Concern based upon their certification and documentation
provided?
I
❑YES ONO
Reviewer Comments:
EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS.
Exhibit "A"
City of Round Rock
Section 3 Eligibility Guidelines
Individual Income Limits
FY 2022 Income Limits FY 2022 Income
Income Limit Area Category Limits
Extremely Low
Incomel-imits $23,200
30%
City of Round Very Low
Income Limits $38,650
Rock (50%)
Low
Income Limits $61,800
(80%)
*income limits effective June 15,2022 https://www.hudexchange.info/programs/home/home-income-limits/
The worker's income must be at or below the amount provided below for an individual
(Household of 1)regardless of actual household size.
Definitions
A "Section 3 Worker"is:
o a low or very low-income resident(the worker's income for the previous or
annualized calendar year is below the income limit established by HUD); or
o employed by a Section 3 business concern;or
o a YouthBuild participant.
A "Targeted Section 3 Worker"is:
o employed by a Section 3 business concern or
o currently meets or when hired met at least one of the following categories as
documented within the past five years:
• living within the service area or neighborhood of the project, as defined in
24 CFR Part 75.5, or
• a YouthBuild participant
A YouthBuild participant is:
o A participant of the YouthBuild Program which is a community-based pre-
apprenticeship program that provides job training and education opportunities for
at risk youth, ages 16-24,who have previously dropped out of high school.
Exhibit "A"
Contractor's Guide to Prevailing Wage
Requirements
Exhibit "A"
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1 �l
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DAUIS- BACON AND LABOR STANDARDS
CONTRACTOR GUIDE ADDENDUM
Exhibit "A"
Table of Contents
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . 3
BASIC DBA DEFINITIONS . . . . . . . . . . . . . . . . . . . 3
LAWS AND REGULATIONS . . . . . . . . . . . . . . . . . . 4
CONTRACTOR RESPONSIBILITIES . . . . . . . . . . . . . . . 7
CONTRACT ADMINISTRATOR RESPONSIBILITIES . . . . . . . . 7
WAGE BASICS . . . . . . . . . . . . . . . . . . . . . . . . . 8
REVIEWING PAYROLLS . . . . . . . . . . . . . . . . . . . . 9
REPORTING PAYROLLS . . . . . . . . . . . . . . . . . . . 11
ADDITIONAL WORK CLASSIFICATION AND WAGE RATES . . . . 14
SANCTIONS AND RESTITUTION . . . . . . . . . . . . . . . 17
2 Contractor Gwde Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
,. d
I
This Guide has been prepared for you as a contractor performing work I Finally,not all HUD construction projects are covered by Davis-Bacon
on construction projects that are assisted by the Department of Hous- wage rates.For the purpose of this Guide,we are assuming that a deter-
ing and Urban Development and subject to Davis-Bacon prevailing wage I mination has already been made that Davis-Bacon wage rates are apph-
requirements.This Guide does not address contractor requirements cable Should you wish assistance in determining whether Davis Bacon
involved in direct Federal contracting where HUD or another Federal wage rates apply to a particular projector if you need other related tech-
agency enters into a procurement contract.In this latter case,the Fed- nlcal assistance,please consult with the HUD Labor Standards Field
eral Acquisition Regulations(FAR)are applicable.While the guidance staff for your area.
contained in this Guide is generally applicable to any Davis-Bacon cov-
ered project,specific questions pertaining to direct Federal contracts
should be addressed to the Contracting Officer who signed the contract
for the Federal agency.
Our objective here is to provide you with a guide that is simple and
non-bureaucratic yet comprehensive,and will help you better under-
RESOURCE
stand and comply with Davis-Bacon labor standards.HUD's Office of
Davis Bacon and Labor Standards worked closely with the Department
of Labor's Wage and Hour Division to make sure that the labor stan-
dards provisions In your contract and the specifics of complying with
them represent the latest information It is the Department of Labor that
has general administrative oversight of all Federal contracting agen-
cies,such as HUD,which administer the day-to-day responsibilities of
enforcing Davis-Bacon provisions in construction contracts that they
either fund or assist in funding.
This Guide contains six main chapters The first chapter includes the
laws and regulations associated with Federal labor standards adminis BASIC. DBA DEFINrriONS
tration and enforcement.The second chapter lists the responsibilities
of contractors and of state,tribal,and local contracting agencies that See Section 3 in the Agency Guide
administer HUD programs.The third chapter lists wage basics,includ-
ing wage decisions,wage classifications,and wage rates,to provide
background for the rest of the Guide.The fourth chapter discusses re-
viewing and reporting payrolls.The filth chapter delves into additional
work classifications and wage rates.The sixth and final chapter dis-
cusses sanctions and restitution. For further background.the DBLS
Agency Guide may be used as a reference.
3 Contractor Guide Addendum Table of Contents
Exhibit "A"
! a
V.
r
The Davis-Bacon Act(DBA) The Copeland Act(Anti-Kickback Act)
The Davis-Bacon Act(DBA)requires the payment of prevailing wage The Copeland Act makes it a Federal crime for anyone to require any
rates(determined by the U.S.Department of Labor)to all laborers and laborer or mechanic(employed on a Federal or Federally-assisted proj-
mechanics on Federal government and District of Columbia construc- ect)to kickback,(i.e.,give up or payback)any part of their wages. The
tion projects in excess of$2.000.Construction includes alteration and/ Copeland Act requires every employer to submit weekly certified payroll
or repair,including painting and decorating,of public buildings or public reports,and regulates permissible payroll deductions.
works.Most HUD construction work is not covered by the DBA itself
since HUD seldom contracts directly for construction services Most The Fair Labor Standards Act(FLSA)
often,it OB applies to a HUD project is it because of a labor provision �1
contained in one of HUD's'Related Acts'(see 5.9 in the Agency Guide). The FLSA governs matters such as federal minimum wage rates and
The Related Acts are often referred to as the Davis-Bacon and Related 0/T.These standards are generally applicable to any labor performed
Acts or DBRA. and may be pre-empted by other(often more stringent)federal stan-
dards such as the DBRA prevailing wage requirements and CWHSSA
The Contract Work Hours O/T provisions.The authority to administer and enforce FLSA provi-
and Safety Standards Act(CWHSSA) sions resides solely with DOL.
CWHSSA requires time and one-half pay for overtime(OT)hours(over Davis-Bacon Regulations
40 in any workweek)worked on a covered project. The CWHSSA ap-
plies to both direct federal contracts and to federally-assisted contracts DOL has published rules and instructions concerning Davis-Bacon and
where those contracts require or involve the employment of laborers other labor laws in the Code of Federal Regulations(CFR).These reg-
and mechanics and where federal wage standards(e.g.,Davis-Bacon ulations can be found in Title 29 CFR Parts 1.3,5,6,and 7.Part 1 ex-
or HUD-determined prevailing wage rates) are applicable. CWHSSA plains how DOL establishes and publishes DBA wage determinations
provisions apply to all laborers and mechanics,including watchmen (also referred to as wage decisions)and provides instructions on how
and guards,employed by any contractor or subcontractor. CWHSSA to use the determinations.Part 3 describes Copeland Act requirements
also applies to maintenance laborers and mechanics employed by con- for payroll deductions and the submission of weekly CPRs Part 5 cov-
tractors or subcontractors engaged in the operation of Public Housing ers the labor standards provisions that are in contracts relating to Da-
Agencies(PHA),Tribally Designated Housing Entities(TDHE),and Indi- vis-Bacon Act wage rates and the responsibilities of contractors and
an Housing Agencies(IHA)developments. contracting agencies to administer and enforce the provisions.Part 6
provides for administrative proceedings enforcing Federal labor stan-
EXemptlonS: dards on construction and service contracts.Finally,Part 7 sets param-
CWHSSA O/T provisions do not apply where the federal assistance is eters for practice before the Administrative Review Board.These regu-
only in the nature of a loan guarantee or insurance lations are used as the basis for administering and enforcing the laws.
CWHSSA O/T provisions do not apply to prime contracts of S100,000 DOL Regulations are available online www ecfr goy/currentiutle 29
or less.
4 Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
Construction Contract Provisions requirements and with the O/T provisions of the CWHSSA(applicable
and Labor Standards Administration only when the prime contract is valued at over S100,000).The labor
standards clauses also provide for remedies in the event of violations,
Labor standards administration involves the activities that take place including the withholding of payments due to the contractor to ensure
primarily before construction begins Administration sets the stage for the payment of wages or liquidated damages that may be found due,
the compliance activities that occur during the construction phase-The and sanctions should violations occur_These contract clauses enable
first and sometimes most difficult step Is determining whether and to the contract administrator to enforce the Federal labor standards ap-
what extent Davis-Bacon wage standards apply to a particular contract plicable to the project.HUD has standard forms that contain contract
or projecl.The Factors of Labor Standards Applicability(see Appendix clauses For example,the HUD-92554M,Supplementary Conditions Of
II-6)should be helpful.Most HUD-assisted construction work is cov- The Contract for Construction,which is issued primarily for FHA(Fed-
ered by Davis-Bacon,but there are some exceptions.The best and saf- eral Housing Administration)multifamily housing and other construc-
est approach is to first assume that Davis-Bacon requirements will be tion projects administered by HUD;the HUD-4010,Federal Labor Stan-
applicable whenever the contract/project involves construction work dards Provisions,which is used for CDBG(Community Development
valued in excess of$2,000,then look more closely to see if there Is any and Block Grant)and HOME(HOME Investment Partnerships Program)
reason for non-coverage.Each contract subject to Davis-Bacon labor projects,and the HUD-5370,General Conditions for Construction Con-
standards requirements must contain labor standards clauses and a tracts(construction contracts>S150,000)or the HUD-5370-EZ,Gener-
Davis-Bacon wage decision.These documents are normally wound into al Contract Conditions for Small Construction/Development Contracts
the contract specifications (construction contracts>S2,000 but s$150,000)which are used for
Public and Indian Housing projects.These should be wound into the
The labor standards clauses contract specifications or incorporated by specific reference in the bid/
The contract for construction is the vehicle to ensure contractor com- contract documents(see Labor Relations Letter 96-03),
pliance and Davis-Bacon wage enforcement.Therefore,the bid speci-
ficatlons and/or the contract for each project subject to Davis-Bacon
wage rates must contain both a Davis-Bacon wage decision and labor
standards clauses.The labor standards clauses describe the responsi-
bilities of the contractor concerning Davis-Bacon wages and obligate
the contractor to comply with the Davis-Bacon wage and reporting
y,
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i -
5 I Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
Davis-Bacon Wage Decisions RESOURCE
The term'wage decision'includes the original decision and any subse-
quent decisions that modify,supersede,correct,or otherwise change
the provisions of the original decision.The term"wage dectsion'is used
within this Guide to mean the Davis-Bacon wage decision.The terms
'wage decision'and'wage determination'are used interchangeably.
A wage decision is a schedule of construction work classifications,
wage rates,and fringe benefits that represent the minimum rates that
must be paid to workers employed in those classifications Wage deci-
sions are established for defined geographic areas,usually by county
or group of counties,and four general characters of construction workRESOURCE
v�
6 Contractor Guide Addendum Table of Contents
Exhibit "A"
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�iau;c 1• �;..
0
The principal contractor is responsible for the full compliance of all em- In these cases,the contract administrator will likely be local agency
ployers(the contractor,subcontractors,and any lower-tier subcontrac- staff.In either case,the guidance for contractors remains essentially
tors)with the labor standards provisions applicable to the project.Be- the same.
cause of the contractual relationship between a prime contractor and
their subcontractors, subcontractors generally should communicate DOL also has a role in monitoring Davis-Bacon administration and en-
with the contract administrator only through the prime contractor (See forcement.In addition,DOL has independent authority to conduct in-
Contract Administrator Responsibilities,below.) vestigations,A DOL investigator or other DOL representative may visit
Davis-Bacon construction sites to interview construction workers or
review payroll information.
The contract administrator is responsible for the proper administration
and enforcement of the Federal labor standards provisions on con-
tracts covered by Davis-Bacon requirements.This term is used to rep-
resent the person(or persons)who will provide labor standards advice
and support to contractors and other project principals (e g,owner,
sponsor,architect),including providing the proper Davis-Bacon wage
decision(see 6.1,The Wage Decision)and ensuring that the wage de-
cision and contract clauses are incorporated into the contract for con-
struction The contract administrator also monitors labor standards
compliance(see Section 12,Payroll Compliance Reviews and Correc-
tions,in the Agency Guide)by conducting interviews with construction
workers at the job site and reviewing payroll reports,and oversees any
enforcement actions that may be required.
The contract administrator could be an employee or agent of HUD,or
of a city or county or public housing agency.For HUD projects admin-
istered directly by HUD staff,usually FHA-insured multifamily projects,
the contract administrator will be the HUD Labor Standards held staff.
But many HUD-assisted projects are administered by local contracting
agencies such as PHAs.TDHEs,and States,cities and counties under
HUD's CDBG and HOME programs
7 1 Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
.19
The Wage Decision
Davis-Bacon labor standards stipulate the wage payment requirements
for skilled workers,operators,truck drivers,and laborers—for examplei
carpenters,electricians,plumbers,roofers,rollers,screeds,bulldozers,
water wagons,dump trucks,and other construction work classifica-
tions that may be needed for the project.The Davis-Bacon wage deci-
sion that applies to the project contains a schedule of work classifica-
tions and wage rates that must be followed.
Remember,the wage decision is contained in the contract specifica-
tions along with the labor standards clauses.See 5.12 in the Agency Posting the wage decision,Davis-Bacon poster,
Guide. and Addttlonal Classifications wages
The prime contractor is responsible for posting a copy of the wage de-
The work classifications and wage rates cision(or the Project Wage Rate Sheet),a copy of the DOL Davis-Bacon
A Davis-Bacon wage decision is simply a listing of different work clas- poster titled Employee Rights Under the Davis-Bacon Act(Form WH-
sifications and the minimum wage rates that must be pad to anyone 1321).and Additional Classifications wages at the job site in a place
performing work In those classifications that is easily accessible to all the construction workers employed on the
project and where the wage decision and poster will not be destroyed by
You'll want to make sure that the work classifications you need are con- wind,rain,etc.The purpose of this posting is to provide information to
tained in the wage decision,and make certain that you know exactly the construction laborers and mechanics working on the project about
what wage rate(s)you will need to pay Some wage decisions cover sev- their entitlement to the prevailing wage for their trade,and to advise
eral counties and/or types of construction work(e g,residential and them whom to contact(the contract administrator)if they have any
commercial work)and can be lengthy and difficult to read.The contract questions or want to file a complaint
administrator(HUD Labor Standards field staff or local agency staff)is
available to assist with any trouble reading the wage decision or finding
the applicable work classification(s)
To make reading lengthy wage decisions easier,a contract administra-
tor may prepare a Project Wage Sheet(HUD-4720).This sheet is a one
page transcript that will show only the classifications and wage rates
for a project.A blank copy of a Project Wage Rate Sheet is provided in
the Appendix
I
8 Contractor Guide Addendum Table of Contents
Exhibit "A"
t�.
JILVIEWING
s Yi
s"� e
PAYROLLS
Certified Payroll Reports(CPRs) Weekly payroll certification
Each weekly payroll submitted shall be accompanied by a'Statement of
To demonstrate compliance with labor standards requirements,each Compliance'that bears the original signature of the owner,executive/
employer shall prepare,certify,and submit payroll reports for each corporate officer,or a designee authorized by the owner or officer The
week to the sponsor,applicant,or owner for any contract work that is signature must be in ink.pencil is not acceptable.Signature stamps,
performed See 29 CFR§5.5(a)(3)(ii)for information on CPRs photocopies,and facsimiles are not acceptable.The employer may uti-
lize the reverse side of the DOL Payroll Form WH-347 as its Statement
CPR format of Compliance or another document that contains the same language
Employers on an FHA project are required to use the HUD-authorized prescribed on the reverse of the WH-347.
Electronic Payroll System(EPS)to submit CPR reports.If an approved
electronic payroll reporting system is not being used by the LCA„the False Submissions
employer must ensure that all information from DOL Payroll Form W H- The falsification of any of the above certifications may subject the em-
347 is included and that the LSS can reasonably interpret it.Form WH- ployer to civil or criminal prosecution under§1001 of Title 18 and§231
347 Is available online at vtnnw doL"Y1mhddD msiwh347 odj. of Title 31 of the United States Code(USC).
Submission requirements
Each employer shall submit payroll reports beginning with the first week
such employer performs work on the site of the work.Employers shall
submit reports promptly following the close of each such pay week.
'No Work'payrolls
Employers are not required to submit reports for weeks during which
no work was performed at the site of work,provided that the payroll
reports ere numbered sequentially or that the employer has provided
written notice that its work on the project has been suspended
9 I Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
Payroll Review and Submission Payroll Inspection
The prime contractor should review each subcontractor's payroll re- In addition to submitting payrolls to the contract administrator,every
ports for compliance prior to submitting the reports to the contract contractor(including subcontractors)must make their own copy of the
administrator.Remember,the prime contractor is responsible for the payrolls and other basic records available for review or copying to any
full compliance of all subcontractors on the contract and will be held authorized representative from HUD or DOL.
accountable for any wage restitution that may be found due to any la-
borer or mechanic that is underpaid and for any liquidated damages
that may be assessed for C/T violations.All the payroll reports for any
project must be submitted to the contract administrator through the
I
prime contractor.
An alert prime contractor that reviews subcontractor payroll submis-
sions can detect any misunderstandings early,prevent costly under-
payments,and protect itself from financial loss should underpayments
occur.
Payroll Retention
Every contractor(including every subcontractor)must keep a complete
set of their own payrolls and other basic records—such as employee ad.
dresses and full SSNs,time cards,tax records,evidence of fringe bene-
fit payments—for a Davis-Bacon project for at least three years after the
project Is completed.The prime contractor must keep a complete set
of all the payrolls for every contractor(including subcontractors)for at
least three years after completion of the project.
ANK
i
1
a
u ' _
t
P
10 Contractor Guide Addendum Table of Contents
Exhibit "A"
'frr.
RLPORTING PAYROLLS
Completing a Payroll Report Apprentices or trainees
The first payroll on which any apprentice or trainee appears must be
Each employer shall maintain payroll records with respect to their own accompanied by a copy of that apprentice's or trainee's registration in
workforce employed at the site of the work.The prime contractor shall a registered or approved program.A copy of the portions of the regis-
malntain such records relative to all laborers and mechanics working tered or approved program pertaining to the wage rates and ratios shall
at the site of the work during the course of the construction work for also accompany the first payroll on which the first apprentice or trainee
at least three years following the completion of the work.Such records appears.
shall contain:
Split classifications
Project and contractortsubcontractor information For an employee that worked in a split classification,make a separate
Each payroll must identify the contractor or subcontractor's name and entry for each classification of work performed,distributing the hours
address,the project name and number,and the week ending date.Week of work to each classification accordingly,and reflecting the rate of pay
dates must be indicated in the spaces provided,Numbering payrolls Is and gross earnings for each classification.Deductions and net pay may
optional but strongly recommended be based upon the total gross amount earned for all classifications.
Employee information Hours worked
The name and an individually identifying 4-digit number for each labor- The payroll should show only the regular and O/T hours worked on
er and mechanic.Employers must always maintain each employee's ad- one particular project.The employer must show both the daily and to-
dress and full Social Security number(SSN)during the construction of tal weekly hours for each employee.If an employee performs work at
the project and for no less than three years following completion.This job sites other than the project for which the payroll is prepared,those
information must be made available to the prime contractor,HUD,and/ 'other job'hours should not be reported on the payroll.In these cases,
or the LCA upon request. employers should list the employee's name,classification,hours for
this project only,the rate of pay and gross earnings for this project,and
Employers(prime contractors and subcontractors)must maintain the the gross earned for ail projects Deductions and net pay may be based
current address and full SSN for each employee and must provide this upon the employee's total earnings(for all projects)for the week
information upon request to the contracting agency or other authorized
representative responsible for Federal labor standards compliance Rate of pay
monitoring Prime contractors may require a subcontractor to provide Employers must show the basic hourly rate of pay for each employee for
this information for the prime contractor's records.DOL has modified one particular project If the wage decision includes a fringe benefit and
form WH-347,Payroll,to accommodate these reporting requirements. the employer does not participate in approved fringe benefit programs,
the employer must add the fringe benefit rate to the basic hourly rate of
Work classification pay,and must list the 0/T rate if C/T hours were worked.
Each employee must be classified in accordance with the wage deci-
sion based on the type of work they perform.
11 I Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
Piece-work Deductions
For any piece-work employees, the employer must compute an ef- Show the amounts of any deductions from the gross earnings.'Other'
fective hourly rate for each employee each week based upon the em- deductions should be identified(eg,Savings Account or Loan Repay-
ployee's piece-work earnings for that week.To compute the effective ment).Any voluntary deduction(i.e.,not required by law or by an order
hourly rate,divide the piece-work earnings by the total number of hours of a proper authority)must be authorized in writing by the employee or
worked,including consideration for any O/T hours. provided for in a collective bargaining(union)agreement.A short note
signed by the employee is all that is needed and should accompany the
The effective hourly rate must be reflected on the certified payroll.This first payroll on which the other deduction appears The note needs to
hourly rate may be no less than the wage rate(including fringe benefits, show the type,amount,and frequency of the deduction.A new deduc-
if any)on the wage decision for the classification of work performed tion authorization is required when any of the aforementioned items
It does not matter that the effective hourly rate changes from week to change.
week,only that the rate is no less than the rate on the wage decision for
the classification of work performed
MORE INFO
Remember,the O/T rate is computed at one and one-half times the ba-
sic rate of pay plus any fringe benefits For example,if the wage deci-
sion requires$10/hour basic plus$5/hour fringe benefits,the O/T rate one s r,pf^yet outha nar,on rd•G for"e urrng{r q
would be:($10 x 1.5)r$5=$20/hour (r;'4tlwr ;eC.ono+ra VVY�tt"*ern to avth^n avon: #(
Gross wages earned
Show the gross amount of wages earned for work performed on a par-
ticular project.Note:Employees with work hours and earnings on other
projects may show gross wages for a particular project over gross earn-
ings from all projects(e.g.,$425.40/$764.85)and base deductions and
net pay on the'all projects'earnings
i
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12 Contractor Guide Addendum Table of Contents
Exhibit "A"
Net pay Signature
Show the net amount of wages paid For paper payrolls submitted,the payroll is signed with an original sig-
nature in ink.The payroll must be signed by a principal of the firm(owner
Statement of Compliance or officer such as the president,treasurer,or payroll administrator)or by
The Statement of Compliance is the certification.It is located on the an authorized agent(a person authorized by a principal in writing to sign
reverse side of a standard payroll form(WH-347),Employers must be the payroll reports).Signature authorization(for persons other than a
sure to complete the identifying information at the top,particularly if at- principal)should be submitted with the first payroll signed by such an
taching the Statement of Compliance to an alternate payroll form such agent.For paper payrolls,signatures in pencil,signature stamps,Xerox
as a computer payroll.Also,the employer must check either 4(a)or 4(b) copies,PDFs,and other facsimiles are not acceptable.
if the wage decision contains a fringe benefit.Checking 4(a)indicates
that the employer is paying required fringe benefits to approved plans
or programs,and 4(b)indicates that the employer is paying any required
fringe benefit amounts directly to the employee by adding the fringe
benefit rate to the basic hourly rate of pay.If the employer is paying
a portion of the required fringe benefit to programs and the balance
directly to the employee,the employer must explain those differences
in box 4(c).
;n
x - -
.q, §-
i
13 Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
ADDITIONAL WORK
(:LASSIFICATION AND WAGE RATES
h y
1
After contract award,if it is determined that additional work classifica- The proposed wage rate for the requested work classification bears a
tions are required because the wage decision lacks all the necessary reasonable relationship to the wage rates on the wage decision,and
classifications and wage rates,the prime contractor and,If applicable,
its subcontractors employing workers in such classifications shall re- The workers that will be employed in the requested work classification
quest an additional work classification and propose a wage rate and (if it is known who the workers are or will be)or the workers'representa-
fringe benefits for such classification on form SF-1444.Request for lives agree with the proposed wage rate.
Authorization of Additional Classification and Rate.The contractor or
subcontractor shall make its request for a final decision through the General guide
LSS or LCA,as appropriate,to DOL at The wage rate and fringe benefits proposed for any classification must
whd-cbaconformance_mcoming@dol.gov The LSS/LCA shall assist be in accordance with the guidance available in All Agency Memoran-
the employer in preparing the request and,if necessary,provide guid- dum 213.The proposed wage rate and fringe benefits should bear a
ance on the policies and procedures involved reasonable relationship to the entirety of the rates within the relevant
category There are four basic categories skilled crafts,laborers,truck
Note:Additional work classifications and wage rates may be requested drivers,and power equipment operators Additional classifications pro-
only after the effective wage decision lock-In'date (See 001 Regula- posed for power equipment operators must specify the type(s)of pow-
tions at 29 CFR Part 5§5.5(a)(1)(i fl er equipment involved.
Additional Work Classification Making the Request
and Wage Rate Parameters m
Although a request for additional work classification and wage rate may
Signature be prompted following an LSS/LCA review,the proposal must originate
Additional work classifications must be signed by DBLS for FHA-in- with the prime contractor/employer that will utilize the work classifica-
sured projects managed by HUD and signed by the LCA contracting tion The prime contractor/employer must submit the request in writ-
officer for projects managed by LCAs,then forwarded to DOL with the ing. A basic request must identify the contract/project involved,the
applicable wage decision where work classification requested,and the wage rate,including any bona
fide fringe benefits proposed.In some cases,it may be necessary for
The requested work classification is used in the area of the project by the prime contractor/employer to describe the work that the request-
the construction industry, ed work classification would perform.The prime contractor/employer
should use form SF-1444,Request for Authorization of Additional Clas-
The work that will be performed by the requested work classification is sification and Rate,to submit the request.
not performed by a work classification that is already contained within
the applicable wage decision.
14 I Contractor Guide Addendum Table of Contents
Exhibit "A"
LSS/LCA Review of Request DOL decision
DOL regulations permit 30 days for DOL to respond to the SF-1444.DOL
The LSS/LCA will review the prime contractor/employer's request to will notify the LSS/LCA in writing of its decision,
determine if it satisfies the approval criteria at 5.12.1.9.2.The LSS/LCA
will contact the prime contractor/employer if clarification or additional DOL approval
information is needed to complete the review. When DOL approves the requested additional work classification and
wage rate/fringe benefits,the LSS/LCA shall provide a copy of the DOL
Signing the request,reporting to DOL notice of approval to the prime contractor/employer with instructions
If the LSS/LCA review finds that the requested work classifications and that the additional work classification and wage rate/fringe benefits
wage rate/fringe benefits meet the criteria at 5.12.1.9.2,the LSS/LCA must be posted on the job site with the wage decision.
submits the completed SF-1444,related documentation,and the appli-
cable wage decision to the DOL National Office for final decision using
DOL's dedicated email address:
whd-chaconformance Incominaarlol nov
Disagreement with the request;
referring for DOL decision
If the LSS/LCA review finds that the requested work classification and
wage rate/fringe benefits fails to meet the approval criteria or If the par-
ties do not agree on the proper classification or wage rate/fringe bene-
fits for the work described,the LSS/LCA shall prepare an SF-1444 and
a written report explaining the results of the review and any issues in
dispute among the parties,and shall forward these along with a copy of
the applicable wage decision to the DOL National Office for its decision
using the same dedicated DOL email address.
i
15 Contractor Guide Addendum `oc,
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
DOL disapproval Requests for DOL reconsideration
When DOL disapproves the requested work classification and wage The LSS/LCA,the prime contractor/employer,or other interested par-
rate/fringe benefits.DOL will notify the LSS/LCA in writing of the rea- ties may request reconsideration of the DOL decision on a requested
sons why the request cannot be approved.DOL may also indicate what additional work classification and wage rate/fringe benefits.Such re-
work classifications/wage rate/fringe benefits could be approved for quests must be made in writing accompanied by a full statement of the
the work involved if a modified request is submitted interested party's views and any supporting wage data or other perti-
nent information.
Notification to the prime contractor/employer
The LSS/LCA will notify the prime contractor/employer in writing of the
results of the LSS/LCA review and/or DOL decision and provide a copy
of the DOL notice.
>t�
$�r
16 Contractor Guide Addendum Table of Contents
Exhibit "A"
4UN 1 MAI;I UN UUIVt AUUtP1UUM
the decision on the additional classification request.
Introduction
The request for reconsideration must be made in writing and must that-
Even in the best of circumstances,things can go wrong.In a Davis-Ba- oughly address the denial reasons identified by DOL.Employer requests
con context,*things going wrong"usually means there's a difference of for reconsideration should be made through the contract administrator
opinion or a dispute about whether and to what extent underpayments but may be made directly to DOL.(See DOL Regulations 29 CFR§1,8)
have occurred These disputes are usually between the contract ad- All requests initiated by or made through the contract administrator or
ministrator and one or more employers(the prime contractor and/or a HUD must be submitted through HQLS(Headquarters Office Davis-Ba-
subcontractor).The dispute may involve something simple such as an con and Labor Standards)
additional classification request that is pending before DOL,or some-
thing as significant as investigative findings following a complaint of Administrative Review Board
underpayment This chapter discusses some of the things you might Any interested party may request a review of the Administrator's de-
expect,and what you can do to make your views known and to lessen cision on reconsideration by DOL's Administrative Review Board.DOL
any delays in resolving the problem or issue. regulations 29 CFR Part 7 explain the procedures for such reviews.(See
also 29 CFR§1.9.)
Administrative Review on
Labor Standards Disputes Findings of underpayment
_ _
_ „__ Compliance reviews and other fallow-up enforcement actions may re-
The labor standards clauses in the contract and DOL regulations pro- sult in findings of underpayment.The primary goal in every case and
vide for administrative review of issues where there is a difference of at every step in this process is to reach agreements about who may
views between the contract administrator and any employer The most have been underpaid and how much wage restitution may be due,and
common circumstances include to promptly deliver restitution to any underpaid workers.The contract
administrator will usually work informally with employers to reach such
Additional classifications and wage rates agreements.
Additional classification and wage rate requests are sometimes denied
by DOL.An employer that is dissatisfied with the denial can request re- Rulings and Interpretations
consideration by the DOL Wage and Hour Administrator.The employer unrelated to findings of underpayment
may continue to pay the wage rate,as requested,until a final decision is DOL is the authority for rulings and interpretations unrelated to findings
rendered on the matter.When the final decision is known,the employer of underpayments This includes disputes concerning the prevailing
will be required to pay any additional wages that may be necessary to wage rates as determined by DOL,DBRA applicability,character of work
satisfy the wage rate that is established. decisions,and interpretation and application of DOL regulations at 29
CFR Parts 1,3,and 5.These and other such matters must be referred to
Reconsideration the DOL Wage and Hour Administrator for their ruling and/or interpreta-
DOL normally identifies the reasons for denial in its response to the re- tion per 29 CFR§5.13.Any request for a ruling or an interpretation from
quest.Any interested person(e.g.,the contract administrator,employer, the DOL Administrator via DBLS must be submitted through HQLS with
or representatives of the employees)may request reconsideration of a copy to the local LSS
17 Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
Disputes concerning findings of underpayment Withholding
underpayments usually occur when a contractor or subcontractor does
not property pay wages according to the approved wage determination The contract administrator shall cause the withholding of payments
and it has been identified as part of a Davis-Bacon and DBLS enforce- due to the prime contractor to ensure the payment of wages that are
ment action There may be other situations that also create underpay- believed to be due and unpaid(e.g.,if wage underpayments or other
merits,and they can originate from the employer,prime contractor,or violations are not corrected within 30 days after written notification to
any other interested party Any underpayment decision by DBLS will in- the prime contractor) DOL may also direct the withholding of contract
clude a formal decision letter with a Notice of Right to Appeal. payments for alleged wage underpayments.Withholding is serious and
is not taken unless warranted.If withholding is deemed necessary,the
DOL review contractor will be notified in writing.Only the amounts needed to meet
DOL will review the contract administrator's report and the arguments the contractor's(and/or subcontractors')liability shall be withheld.
against the findings presented in the hearing request DOL may affirm
or modify the findings based upon the materials presented.You will be
notified in writing by DOL of the results of its review.If DOL concludes
that violations have occurred,you will be given an opportunity to correct
any underpayments or to request a hearing before a DOL ALJ (See DOL
Regulations 29 CFR§5.11 (b)and 29 CFR Part 6,Rules of Practice for
Administrative Proceedings.)
Administrative Review Board
Contractors and/of subcontractors may request a review by the Admin-
istrative Review Board of the decision(s)rendered by the DOL ALJ in the
administrative hearing process.See DOL regulations 29 CFR Part 7 for
more information about this proceeding
T7 •�3n
N i
18 Contractor Guide Addendum Table of Contents
Exhibit "A"
Deposits And Escrows Where the parties have agreed to amounts of wage resti-
tution that are due,but the employer hasn't furnished ev-
In some situations,certain labor standards issues are not or cannot be idence yet that all the underpaid workers have received
resolved in time to meet project closeout schedules. In order to per- their back wages(e.g.,unfound workers)
mit a final closing/closeout to proceed while certain labor issues are The amount of the deposit is equal to the total gross amount of resti-
outstanding,a deposit account(HUD-administered projects,e g mul- tution due to workers lacking payment evidence.As these workers are
tifamily housing-Insured and grant programs)or an escrow account paid and proper documentation is provided to the contract administra-
(LCA-administered projects,e 9,CDBG,HOME,HOPE VI(Housing Op- tor,amounts corresponding to the documented payments are returned
portunities for People Everywhere))may be established as a guarantee to the depositor.Amounts for any workers who cannot be located are
to ensure the payment of any wages that have been or may be found held in the deposit/escrow account for three years and disposed as de-
due to workers that were employed in the construction of the project scribed in Section 11.4.1 of this Guide,
Deposit and escrow accounts may also hold fringe benefits payments
that are due to plans or programs and/or liquidated damages that are Sometimes,wage restitution cannot be paid to an affected employee
assessed for violations of CWHSSA 0/T provisions.The deposit or es- because,for example,the employee has moved and cannot be located.
crow account is controlled by the contract administrator.When a final After wage restitution has been paid to all the workers who could be
decision is rendered,the contract administrator makes disbursements located,the employer must submit a list of any workers who could not
from the account in accordance with the decision.Deposit/escrow ac- be found and paid(unfound workers).See 12.4 6 in the Agency Guide
counts are established for one or more of the following reasons: for more information
MORE 1NFD Where underpayments are suspected or alleged and an
Investigation has not yet been completed
W.,,,y,t ta., ,rr}au- :}rS The deposit is equal to the amount of wage restitution and any liquidat-
t d. i,ny a.r,v:w jN+,r .i;l r!„e iti ,ux,t•a ed damages,if applicable,that are estimated to be due.If the final de-
�t,pro rr c0,•13:;,tw,. .r , .i t t cr: termination of wages due is less than the amount estimated and placed
f:.; .ubti�,f:.._1, :v: >r.-,•:tss gilt,.,_ in the escrow account,the escrow will be reduced to the final amount
and the difference will be returned to the depositor.If the parties agree
to the investigative findings,the amounts due to the workers will be paid
I� by the employer.As these workers are paid and proper
a,
t'
19 Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
documentation is provided to the contract administrator, the gross Where the parties are waiting for the outcome of an ad-
amounts corresponding to the documented payments are returned to ministrative hearing that has been or will be requested
the depositor, contesting a final determination of wages due
The deposit shall be equal to the amount of wage restitution and liqui-
If the employer is unable to make the payments to the workers(e.g., dated damages,if applicable,that have been determined due.Once a
lacks the funds necessary),the contract administrator may make dis- final decision is rendered,disbursements from the escrow account are
bursements directly to the workers in the net amounts calculated by the made in accordance with the decision.
employer.The amounts withheld from the workers for tax deduction
will be returned to the employer as payments to workers are made.The Administrative Sanctions
employer shall be responsible for reporting and transmitting withhold-
ings to the appropriate agencies. Contractors and/or subcontractors that violate the labor standards
provisions may face administrative sanctions imposed by HUD and/or
If the employer is not cooperating in the resolution,the contract admin- DOL,
istrator shall make disbursements to the workers In accordance with
the schedule of wages due.Amounts for unfound workers will be re- DOL debarment
tained as described In Section 13.4.6 in the Agency Guide. Contractors and/or subcontractors that are found by the Secretary of
Labor to be in aggravated or willful violation of the labor standards pro-
If the parties do not agree and an administrative hearing is requested, visions of the DBRA will be ineligible(debarred)to participate in any
the escrow will be maintained. DBRA or Davis-Bacon Act contracts for up to three years.Debarment in-
cludes the contractor or subcontractor and any firm,corporation,part-
nership,or association in which the contractor or subcontractor has a
substantial interest.Debarment proceedings can be recommended by
the contract administrator or initiated by DOL.Debarment proceedings
are described in DOL regulations 29 CFR§5.12.
HUD sanctions
HUD sanctions may include Limited Denials of Participation(LOPS),de-
barments,and suspensions.
t tr
a
e
20 I Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
Umited Dental of Participation All referrals suggesting consideration for criminal prosecution must be
HUD may Issue to the employer an LDP,which prohibits the employer submitted through the established hierarchy:
from further participation in HUD programs for a period of up to one
year.The LDP is usually effective for the HUD program in which the
violation occurred and for the geographic jurisdiction of the issuing4
HUD Office.HUD regulations concerning LDPs are found at 24 CFR§§
24.700-24.714,
a
Debarment and suspensions
In certain circumstances,HUD may initiate its own debarment or sus-
pension proceedings against a contractor and/or subcontractor in a - I
connection with improper actions regarding Davis-Bacon obligations.
For example,HUD may initiate debarment where a contractor has been
convicted for making false statements(such as false statements on
certified payrolls or other prevailing wage certifications),or initiate sus-
pension where a contractor has been indicted for making false state-
ments. HUD regulations concerning debarment and suspension are
Ami
za
found at 24 CFR Part 24.
Falsification of Certified Payroll Reports States may submit any such recommendation to DOL directly.
Cases that involve certified payroll falsification may be referred to DOL
for its investigation at the outset or referred to DOL for administrative
review/hearings or other sanctions.
n j
21 I Contractor Guide Addendum Table of Contents
Exhibit "A"
Applicable Dept. of Labor General Wage Decision
Exhibit "A"
CDBG Bus Shelters Project February 6, 2023
"General Decision Number: TX20236007 01/0612023
Superseded General Decision Number: TX20228687
State: Texas
Construction Types: Heavy and Highway
Counties: Atascosa, Bandera, Bastrop, BeLL, Bexar, Brazos,
Burleson, CaLdweLL, ComoL, CoryeLL, Guadalupe, Hays, KendaLL,
Lampasas, McLennan, Medina, Robertson, Travis, WiLLiamson and
WiLson Counties in Texas.
HEAVY (excluding tunnels and dams, not to be used for work on
Sewage or Water Treatment Plants or Lift / Pump Stations in
BeLI, CoryeLL, McCLennon and WiLLiamson Counties) and HIGHWAY
Construction Projects
Note: Contracts subject to the Davis-Bacon Act are generaLLy
required to pay at Least the appLicabLe minimum wage rate
required under Executive Order 14926 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(68).
Ilf the contract is entered Executive Order 14626
(into on or after January 30, generaLLy appLles to the f
12922, or the contract is contract.
/renewed or extended (e.g., an f. The contractor must pay J
/option is exercised) on or f aLL covered workers at
/after January 39, 2922: f Least $16.28 per hour (or f
j f the appLicabLe wage rate
f Listed on this wage J
f f determination, if it is
f higher) for aLL hours f
spent performing on the
f contract in 2923.
/If the contract was awarded on/. Executive Order 13658
Exhibit "A"
/or between January 1, 2015 and/ generaLLy applies to the /
/January 29, 2922, and the / contract. /
(contract is not renewed or /. The contractor must pay aLL/
/extended on or after January / covered workers at Least /
/30, 2022: / $12.15 per hour (or the /
appLicable wage rate listed/
/ l on this wage determination, /
J / if it is higher) for aLL f
hours spent performing on f
/ / that contract in 2023. /
/
The appLicable Executive Order minimum wage rate wiLL be
adjusted annuaLLy. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must stiLL submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is avalLabLe at
http://www.doL.govlwhdlgovcontracts.
Modification Number PubLication Date
9 0119612023
SUTX2911-996 9810312911
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving and
Structures). . . . . . . . . . . . . . . . . . . . . .$ 12.56 **
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 26.35
FORM BUILDER/FORM SETTER
Paving & Curb. . . . . . . . . . . . . . .$ 12.94 **
Structures. . . . . . . . . . . . . . . . . .$ 12.87 **
LABORER
Asphalt Raker. . . . . . . . . . . . . . .$ 12.12 **
FLagger. . . . . . . . . . . . . . . . . . . . .$ 9.45 **
Laborer, Common. . . . . . . . . . . . .$ 19.59 **
Laborer, UtiLi.ty. . . . . . . . . . . .$ 12.27 **
Exhibit "A"
Pipelayer. . . . . . . . . . . . . . . . . . .$ 12.79 **
Work Zone Barricade
Servicer. . . . . . . . . . . . . . . . . . . .$ 11.85 **
PAINTER (Structures). . . . . . . . . . . . .$ 18.34
POWER EQUIPMENT OPERATOR:
AgricuLturaL Tractor. . . . . . . .$ 12.69 **
Asphalt Distributor. . . . . . . . .$ 15.55 **
Asphalt Paving Machine. . . . . .$ 14.36 **
Boom Truck. . . . . . . . . . . . . . . . . .$ 18.36
Broom or Sweeper. . . . . . . . . . . .$ 11.84 **
Concrete Pavement
Finishing Machine. . . . . . . . . . .$ 15.48 **
Crane, HydrauLi.c 89 tons
or Less. . . . . . . . . . . . . . . . . . . . .$ 18.36
Crane, Lattice Boom 89
tons or Less. . . . . . . . . . . . . . . .$ 15.87 **
Crane, Lattice Boom over
89 tons. . . . . . . . . . . . . . . . . . . . .$ 19.38
Crawler Tractor. . . . . . . . . . . . .$ 15.67 **
DirectionaL DriLLing
Locator. . . . . . . . . . . . . . . . . . . . .$ 11.67 **
DirectionaL DriLLing
Operator. . . . . . . . . . . . . . . . . . . .$ 17.24
Excavator 59,009 Lbs or
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 12.88 **
Excavator over 59,000 Lbs. . .$ 17.71
Foundation DriLL, Truck
Mounted. . . . . . . . . . . . . . . . . . . . .$ 16.93
Front End Loader, 3 CY or
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 13.94 **
Front End Loader, Over 3 CY.$ 13.21 **
Loader/Backhoe. . . . . . . . . . . . . .$ 14.12 **
Mechanic. . . . . . . . . . . . . . . . . . . .$ 17.10
MiLLing Machine. . . . . . . . . . . . .$ 14.18 **
Motor Grader, Fine Grade. . . .$ 18.51
Motor Grader, Rough. . . . . . . . .$ 14.63 **
Pavement Marking Machine. . . .$ 19.17
RecLaimer/Pulverizer. . . . . . . .$ 12.88 **
RoLLer, Asphalt. . . . . . . . . . . . .$ 12.78 **
RoLLer, Other. . . . . . . . . . . . . . .$ 10.50 **
Scraper. . . . . . . . . . . . . . . . . . . . .$ 12.27 **
Spreader Box. . . . . . . . . . . . . . . .$ 14.94 **
Trenching Machine, Heavy. . . .$ 18.48
Exhibit "A"
Servicer. . . . . . . . . . . . . . . . . . . . . . . . .$ 14.51 **
Steel Worker
Reinforcing. . . . . . . . . . . . . . . . .$ 14.00 **
Structural. . . . . . . . . . . . . . . . . .$ 19.29
TRAFFIC SIGNALIZATION:
Traffic Signal InstaLLation
Traffic Signal/Light PoLe
Worker. . . . . . . . . . . . . . . . . . . . . .$ 16.00 **
TRUCK DRIVER
Lowboy-Float. . . . . . . . . . . . . . . .$ 15.66 **
Off Road Hauler. . . . . . . . . . . . .$ 11.88 **
SingLe Axle. . . . . . . . . . . . . . . . .$ 11.79 **
SingLe or Tandem AxLe Dump
Truck. . . . . . . . . . . . . . . . . . . . . . .$ 11.68 **
Tandem AxLe Tractor w/Semi
Trailer. . . . . . . . . . . . . . . . . . . . .$ 12.81 **
WELDER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.97 **
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
** Workers in this cLassification may be entitled to a higher
minimum wage under Executive Order 14026 ($16.26) or 13658
($12.15). PLease see the Note at the top of the wage
determination for more information.
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 36 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
Exhibit "A"
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
https:llwww.doL.govlagencieslwhd/government-contracts.
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) (11)).
----------------------------------------------------------------
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
""UAM"" denotes that the union classification and rate were
prevaiLing for that cLassification in the survey. Example:
PLUM9198-995 0719112014. 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 9198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 0710112014 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
Exhibit "A"
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: SULA2012-907 511312014. SU indicates
the rates are survey rates based on a weighted average
caLcuLation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 997
in the example, is an internal number used in producing the
wage determination. 5/1312914 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, 109% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
0812912014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0919 in
the example, is an internal number used in producing the wage
determination. 9812912014 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
Exhibit "A"
* 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
NationaL Office because National Office has 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 format
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
290 Constitution Avenue, N.W.
Washington, DC 20219
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 29219
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 20219
4.) ALL decisions by the Administrative Review Board are finaL.
Exhibit "A"
END OF GENERAL DECISIO"
Exhibit "A"
HUD Form 4230A
Report Additional Classification Rate
Exhibit "A"
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A
REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMBAppmn al Nu W2501-0011
(Exp.B1312022)
1. FROM(name and address of requesting agency) 2. PROJECT NAME AND NUMBER
3. LOCATION OF PROJECT(City,County and State)
4. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION
❑ Building ❑ Residential
❑ Heavy ❑ Other(specify)
❑ Highway
S. WAGE DECISION NO. (include modification number,if any) DATE of WAGE DECISION: 7. WAGE DECISION EFFECTIVE
DATE(LOCKaN):
❑ COPY ATTACHED
8. WORK CLASSIFICATION(S) HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S)(if any)
9. PRIME CONTRACTOR(name,address) 9a. 10. SUBCONTRACTOR/EMPLOYER,IF APPLICABLE
(name,address)
❑Agree
9b.SIGNATURE DATE ❑Disagree
Check All That Apply:
❑ The work to be performed by the additional classification(s)is not performed by a classification in the applicable wage decision.
❑ The proposed classification is utilized in the area by the construction industry.
❑ The proposed wage rate(s),including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in
the wage decision.
❑ The interested parties,including the employees or their authorized representatives,agree on the classification(s)and wage rate(s).
❑ Supporting documentation attached,including applicable wage decision.
Check One:
❑ Approved,meets all criteria. DOL confirmation requested.
❑ One or more classifications fail to meet all criteria. DOL decision requested.
FOR HUD USE ONLY
LR2000:
Agency Representative Date
(Typed name and signature)
Login:
Log out:
Phone Number
NUD4230A(8-19)PREVIOUS EDITION IS OBSOLETE
U.S. Department of Labor PAYROLL n
Wage and Hour Division For Contractor's Optional Use;See instructions at www.dol.gov/whdtforms/wh347instr.htrn)� P� 9 )
U.S.Wage and Hour Dnauon
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev.Dec.2008
NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS
OMB No.:1235-000B
Expires:07/31/2024
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.
(7) (2) (3) (4)DAY AND DATE (5) I (6) (7) (9)
(B)
}o r2 DEDUCTIONS NET
50 w
NAME AND INDIVIDUAL IDENTIFYING NUMBER coo O GROSS WITH- WAGES
(a.g.,lAST FOUR DIGITS OF SOCIAL SECURITY o„ WORK o TOTALI RATE AMOUNT HOLDING TOTAL PAID
NUMBER OF WORKER z 3 w CLASSIFICATION HOURS WORKED EACH DAY OUR OF PAY EARNED FICA TAX OTHER DEDUCTIONS FOR WEEK
O
S
O
5
O
s
O
5
O
5
O
s
O
S
0
5
While completion of Form WH-347 is coonel,it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the Infom lation collection contained In 29 C.F.R.§§3.3,5.5(a).The Copeland Act
(40 U.S.C,4 3145)contractom end wbcon4fwlnn performing work on Federally financed or assisted crosWCtion contracts to'fumish weekly a statement with respect to the wages paid eedt employee during the preceding week.'U.S.Department of Labor IDOL)regulations at
29 C.F.R.4 5.5(aX3Xk)reoulro conrrecbn to weekly a copy N all payrous to the Federal agency contracting for or financing the construction project.accompanied by a signed"Statement of Compliance"indicating that the payrolls are correct and complete and that each laborer
or mechanic has beer pWd rot less than me props,Davis-Bacon Preva,rig wage rate for the work performed.DOL and federal contracting agencies receiving this information review Me information to determine that employees have received legally required wages and fringe benefits.
Public Burden Statement
We esamete•ha'5 w,a take an average or 55 m wles tc Complete this collection,Including time for reviewing instructlons,searching existing data sources.gathering and maintaining the data needed,and completing and reviewing the cetlectlon of Information.II you have
any cofmments regarding these est—las or any other aspect of this collection,including suggestions for feducirg this burden,send them to the Administrator,Wage and Hour Division,U.S.Department of Labor.Room 53502,200 Gonslitution Avenue,N.W.
Washington,D.C.20210
(over)
Date (b)WHERE FRINGE BENEFITS ARE PAID IN CASH
1, ❑ — Each laborer or mechanic listed in the above referenced payroll has been paid,
(Name of Signatory Party) (Title) as indicated on the payroll,an amount not less than the sum of the applicable
do hereby state: basic hourly wage rate plus the amount of the required fringe benefits as listed
in the contract,except as noted in section 4(c)below.
(1)That 1 pay or supervise the payment of the persons employed by
(c)EXCEPTIONS
an the
(Contractor or Subcontractor) EXCEPTION(CRAFT) EXPLANATION
that during the payroll period commencing on the
(Building or Work)
day of i and ending the day of
all persons employed on said project have been paid the full weekly wages earned, that no rebates have
been or will be made either directly or indirectly to or on behalf of said
from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly
from the full wages earned by any person,other than permissible deductions as defined in Regulations,Part
3(29 C.F.R.Subtitle A),issued by the Secretary of Labor under the Copeland Act,as amended(48 Slat.948,
63 Slat.108,72 Slat.967,76 Stat.357.40 U.S.C.§3145),and described below:
REMARKS:
(2)That any payrolls otherwise under this contract required to be submitted for the above period are
correct and complete;that the wage rates for laborers or mechanics contained therein are not less than the
applicable wage rates contained in any wage determination incorporated into the contract;that the classifications
set forth therein for each laborer or mechanic conform with the work he performed-
(3)That any apprentices employed In the above period are duly registered in a bona fide apprenticeship
program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and
Training,United States Department of Labor,or if no such recognized agency exists in a State,are registered
with the Bureau of Apprenticeship and Training,United States Department of Labor.
(4)That.
(a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS NAME AND TITLE SIGNATURE
— in addition to the basic hourly wage rates paid to each laborer or mechanic listed in
the above referenced payroll, payments of fringe benefits as listed in the Contract THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR
have been or will be made to appropriate programs for the benefit of Such employees, SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION.SEE SECTION 1001 OF TITLE 18 AND SECTION 3729 OF
except as noted in section 4(c)below. TITLE 31 OF THE UNITED STATES CODE.
SAMPLE REPORT
PAYROLL
(For Contractors Optional Use:See Instruction,
Form WH-3471nst.)
NAME OF CONTRACTOR U. ORSUBCONTRACTOR ADDRESS
ACES CONSTRUCTION COMPANY,INC. 1776 America Streel,Anytown,Montana 59604
(1)
PAYROLL NO FOR WEEK ENDING PROJECT AND LOCATION PROJECTOR CONTRACT NO.
Al(Show N and FINAL at end) July 4,1983 Happy Valley Manor-Anylown,MT 59604 101-35075-PM-WAH-18
0. (4)DAY AND DATE IS) (6) (7) (a) (a)
111 tj p (O1 a S M T W TH F S DEDUCTIONS NET WAGES
NAME,ADDRESS,AND �-0 pp WORK O TOTAL RATE GROSS PAID FOR
SOCIAL SECURITY NUMBER O Y f CLASSIFlCATION "I 2B 30 1 2 3 4 WITH-
Z= O IIDlMS OF PAY AMOUNT FICA /IOLDWG STATE VAC IOTA WEEK
OF EMPLOYEE xu'r HOURS WORKED EACH DAY EARNED TAX W I H FUND OTHER DEDUCTIONS
w
John Doe 521-44-7086 Foreman a
O 2 2 1 1 6 10.95 A working faaman t are who.n addition to firs supomsu M ry duties-at least 20%-parforms t
1974 Clark Ave. Carpenter" work of a taborer or mechanic during a substfiNLid pan of him work week
.
(2) Oownfown,MT 59624 1
S 8 8 8 8 8 40 7.30 357.70 15,18 53.60 8.00 10.00 86.78 270,92
Dick Brown 544-43-7806 Box ��Y
(3) 245 2 Backhoe O Ins.
Anylown,MT 59601 Operator S 8 8 8 8 8 40 6.00 240.00 10.00 45.00 5.00 500 65.00 175.00
John Doe 50144-7066 10 Cu.yd. O (WORKING ON MORE THAN ONE JOB;ONE JOB IS AN FHA PROJECT,STATE:'Circled hours this prapd-)
Anywhere St. Truk Driver 116 10
(4) Downtown.MT 59624 0 0 6 8 18 6.45
S
4 ON
8 22 239.30 10.59 48.00 7.00 65.59 173.71
Boll Thomas 515-38-1005 Cement O (FRINGE BENEFITS)
1050 Clearbndge St 1 Mason
Somewhere,MT 59011
K S B 8 8 8
(5) 32 6.56 209.92 -Frin a Benefits Paid in Cash
R John Johnson 50543-5478 Cement O
\ 515 Broadway 2 Mason
Anylown,MT 59601
S 8 8 8 8 32 5.90 188,80 -Fringe Benefits Paid Into an Approved Fund or Plan
Tom Tompson 50543-5478 Box (DUAL CLASSIFICATION: Worker must be entered on payroll hwce and sign by the lower
1010 2 Laborer G rate or pay received.)
Hallelujah,MT 59903 S 4 7 8 19 4.95 94,05
(6 Tom Tompson 50543.5478 Box Cement
1010 Mason O 123.90
Hallelujah,MT 59803
S 4 1 8 8 21 5.90 217.95 10.80 15.90 5.80 10,00 42.50 175,45
Harry Jamrson 55544-3372 (Owner)
Box 333 Tile O (WORKING OWNER: Must show the daily and total Hours worked on Me sole.)
(7) Friendly,MT 59526 Setter
S 8 8 6 8 8 4b
Joe Smith 527-38.7537 Apprentice O (APPRENTICES: Apprenliceship Cer Wirth
Showing Dept of Labor Certification Must Be
(8) 730-3rd Street D Carpenter Submitted h Me First Payroll The A nuke A ars On.
Anytown,MT 59601 1st Step-55% S 8 8 8 8 32 4 02 128 6.4 5.00 Soo 2.00 15.00 113.64
"ALL DEDUCTIONS UNDER"OTHER'SUCH AS PURCHASES,ADVANCES,BONDS,ETC.MUST BE IDENTIFIED AND SUPPORTED BY A SIGNED STATEMENT FROM THE EMPLOYEE AUTHORIZING SUCH
DEDUCTIONS WITH THE TOTAL AMOUNT AND REPAYMENT AMOUNT.
Community Development Block Grant(CD8G)Program - CDBG Administration Manual
SAMPLE REPORT
El In addition to the basic hourly wage rates paid to each laborer of mechanic
Date listed in the above referenced payroll,payments of fringe benefits as listed
in the contract have been or will oB made to appropriate programs for the
I, Samantha Sammons Bookkeeper do hereby state benefit of such employees,except as noted in Section 4(c)below.
(Name of signatory parry) (Tips)
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH(Bill Thomas)
(I) That I pay or supervise the payment of the persons employed by Ace Construction
Company on the Happy VaBey Maror [, Each taborer or mechanic listed in the above referenced payroll has been
(Contractor w Subcontractor) (Bulking of work)
pad,as irdigted on the payroll,an amount not less than the sum of the
applicable basic hourty,wage rate plus the amount of the required fringe
101.35075 :that during the payroll period commencing on the 28th day of benefits as listed in the contract,except as noted in Section 4(c)below.
June 19 83 and ending the 41h day of July 19 83 ,all persons
employed on said project have been paid the full weekly wages earned.that no rebates have (c) EXCEPTIONS
been or will be made either directly or indirectly to or on behalf of said Ace Construction
Company from the full weekly wages eamed by any person and that EXCEPTION CRAFT EXPLANATION
(Contractor or Suoconi—to') Exceptions must be approved Use this space for any specral
Send copy of plan. or unusual circumstances which
no deductions have been made either directly or indirectly from the full wages earned by any affects wages or employees.
person.other than permissible deductions as defined in Regulations,Pan 3(29 CFR Subtitle
A),Issued by the Secretary of Labor udder the Copeland Act as amended(48 Slat.W.63 Slat.
108.72 Stat.967,76 Slat.357,40 U.S.C.276c),and described below,
FICA Federal and State
Remarks
Other. Vacation and Insurance
Additional space which can be used for explanations
BE SURE TO INCLUDE EXPLANATION AND SIGNED STATEMENT FOR ALL"OTHER"
DEDUCTIONS. NON-COVERED JOB CLASSIFICATIONS Workers performing the following
classlficalions are not subject to the prevailing wage requirements-Project
(2) That any payrolls otherwise under this contract required to be submitted for the above Superintendent,Project Engineer,Supennsory Foreman. Watchman.WMterboy.
period are correct and complete:that the wage rates for laborers or mechanics contained therein Messenger,and Clerical workers such as timekeepers,payroll clerks,and
are not less than the applicable wage rates contained in any wage determmation Incorporated into bookkeepers.
the contract,that the classifications set forth therein for each laborer or mechanic Conform with the
work he peftormed.
(3) That any apprentices employed in the above period are duly registered In a bona fide NAME AND TITLE SIGNATURE
apprenticeship program registered with a State apprenticeship agency recognized by the Bureau Samantha Simmons
of Apprenticeship and Training.United States Department of Labor,or if no such recognized agency Bookkeeper—
exists in a Stale,are registered with the Bureau of Apprenticeship and Training-United Stales THE VALLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE
Department of Labor. CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION.SEE SECTION
1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
(4) That:
John Johnson) (a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS.FUNDS, —AN AUTHORIZATION FORM OR LETTER MUST BE SUBMITTED FOR ANYONE
OR PROGRAMS SIGNING PAYROLLS OTHER THAN AN OFFICER Of THE COMPANY.
Community Development Block Grant(CDBG)Program CDBG Administration Manual
Exhibit "A"
S. Department of Housing OMB Approval No.2501-0009
Record of Employee U.
and Urban Development (exp. 12/31/2024)
Interview Instructions Office of Davis-Bacon and Labor Standards
Instructions
General:
This form is to be used by HUD and local agency staff for recording information gathered during on-site interviews with laborers
and mechanics employed on projects subject to Federal prevailing wage requirements. Typically,the staff that will conduct on-site
interviews and use this form are HUD staff and fee construction inspectors,HUD Labor Standards staff,and local agency labor
standards contract monitors.
Information recorded on the form HUD-11 is evaluated for general compliance and compared to certified payroll reports submitted
by the respective employer. The comparison tests the veracity of the payroll reports and may be critical to the successful
conclusion of enforcement actions in the event of labor standards violations. The thoroughness and accuracy of the information
gathered during interviews is crucial.
Note that the interview itself and the information collected on the form HUD-11 are considered confidential. Interviews should be
conducted individually and privately. All laborers and mechanics employed on the job site must be made available for interview at
the interviewers request. The employee's participation,however,is voluntary. Interviews shall be conducted in a manner and
place that are conducive to the purposes of the interview and that cause the least inconvenience to the employer(s)and the
employee(s).
Completing the form HUD-11
Items 1a-1c: Self-explanatory
Items 2a—2d: Enter the employee's full name,a telephone number where the employee can be reached,and the employee's
home address. Many construction workers use a temporary address in the locality of the project and have a more permanent
address elsewhere from which mail may be forwarded to them. Obtain a more permanent address,if available. Ask the employee
for a form of identification(e.g.,driver's license)to verify their name.
Items 3a—4c: Enter the employee's responses. Ask the employee whether they have a pay stub with them;if so,determine
whether the pay stub is consistent with the information provided by the employee.
Items 5—7: Be certain that the employee's responses are specific. For example,job classification(#5)must identify the trade
involved(e.g.,Carpenter,Electrician,Plumber)—responses such as"joumeyman"or"mechanic"are not helpful for our purposes.
Items 8—12b: Self-explanatory
Items 13—15c: These items represent some of the most important information that can be gathered while conducting on-site
interviews. Please be specific about the duties you observed the employee performing. It may be easiest to make these
observations before initiating the interview. Please record any comments or remarks that may be helpful. For example,if the
employee interviewed was working with a crew,how many workers were in the crew? Was the employee evasive?
The level of specificity that is warranted is directly related to the extent to which interview(s)or other observations indicate that
there may be violations present. If interviews indicate that there may be underpayments involving a particular trade(s),the
interviewer is encouraged to interview as many workers in that trade(s)that are available.
Items 16—17b: The information on the form HUD-11 may be reviewed for general compliance,initially. For example,are the job
classification and wage rate stated by the employee compatible with the classifications and wage rates on the applicable wage
decision? Are the duties observed by the interviewer consistent with the job classification?
Item 18: Please place here any additional information you may want to document or continuing infomation from other
lines that do not fit in their block space.
Once the corresponding certified payroll reports are received,the information on the HUD-11 shall be compared to the payroll
reports. Any discrepancies noted between the HUD-11 information and that on the payroll report shall be noted in Item 16,
Remarks. If discrepancies are noted,follow-up actions to resolve the discrepancies must be taken.
Previous editions are o olete Form - 1(0512021)
Exhibit "A"
Record of Employee U.S.Department of Housing and Urban Development OMB Approval No.2501-00(
Interview Office of Davis-Bacon and Labor Standards (exp. 12/31/202
The pudic reporting burden estimate for this collection of information is 15 minutes per response on average. This includes reviewing instructions.searching existing data sources.
gathering,and maintaining the data,and completing the collection of information. This information may not be collected,nor are you required to provide,the information requested unless
displays a currently valid OMB control number.The information collected ensures compliance with the Federal labor standards through recording interviews with construction workers.The
information collected assists HUD in compliance monitoring of Federal labor standards.Any information collected is covered by the Privacy Act of 1974 and by 29 CFR 5.6(ax5). Indiwdur
and agencies collecting this information must maintain these records in a manner that protects the individuals on whom the information is maintained.The information collected herein is
voluntary,and any information provided shall be kept confidential,but failure to provide the information collected may delay enforcement of any possible Federal labor standards violations
the information would have identified any. Comments concerning this burden statement,or this collection should be sent to:National Director,Office of Davis-Bacon and Labor Standards
i5t 7rh Rn..«t.Cw Rmm 7109.Waahinoton.DC 20410 When nmvidine romments ntnase refer to 01vLR Ar�nroval 25n1-OIM9
Pursuant to 5 U.S.C.§552a(e)(3),this Privacy Act Statement serves to inform you of the following concerning the collection of the information on this forth.
A,AUTHORITY:Collection of the information solicited on this form is authorized by the Davis-Bacon Act as promulgated through Department of Labor Regulations under 29 CFR Part 5.
B.PURPOSE:The primary purpose for soliciting this information is to determine if the wages paid by an employer on a project covered by the Davis-Bacon Act are in compliance with fede
Labor standards.
C.ROUTINE USES:The information collected ensures compliance with the Federal labor standards through recording interviews with construction workers on topics related to wages p
on the protect.The information is reviewed by HUD authorized personnel to ensure compliance with Federal labor standards under the Davis-Bacon Act on covered projects. If violations
found.the information collected is used to conduct enforcement actions to ensure restitution is paid to workers of covered projects are paid proper wages under the Davis-Bacon Act.
O.CONSEQUENCES OF FAILURE TO PROVIDE INFORMATION:The information collection is voluntary. Refusing to give information will not impact your status with your employer or t
government. Failure to provide the information will limit the ability of HUD to determine A you were paid proper wages under the Davis-Bacon Act,and will limit the ability for HUD to se
restitution for ou in the event a violation is found.
a.Project Name 2a.Employee Name
b.Project Number 2b. Employee Phone Number(including area code)
1 c. Contractor or Subcontractor(Employer) 2c. Employee Home Address&Zip Code
2d.Verification of identification?
Yes No
3a.How long on this 3b.Last date on this 3c.No.of hours last 4a.Hourly rate of pay? 4b.Fringe Benefits? 4c. Pay stub?
job? job before today? day on this job?
Vacation Yes No Yes No
Medical Yes No
Pension Yes No
5.Your job classification(s)(list all)—continue in block 18 if necessary
6.Your duties—continue in block 18 If necessary
7.Tools or equipment used—continue in block 18 if necessary
B.Are you an apprentice or trainee? Yes No 10.Are y!5.
least time and Y2 for all hours worked in excess of 40 in a week?Yes No
9.Are you paid for all hours worked? Yes No 11.Havebeen threatened or coerced into giving up any part of your pay? Yes No
12a.Employee Signature Date
13.Duties observed by the Interviewer(Please be specific.)
14.Remarks—continue in block 18 if necessary
15a.Interviewer Name(Please Print) 15b.Signature of Interviewer 15c.Date of Interview
Payroll Examination
16.Remarks—continue in block 18 if necessary
7a.Signature of Payroll Examiner 17b.Date
-Previous editions are o oleto Form -1
Exhibit "A"
Record of Employee U.S.Department of Housing and Urban Development OMB Approval No.2501-0oC
I►ltervlew Office of Davis-Bacon and Labor Standards (exp. 12/31/202
18.Additional Remarks
rov ous edidons are obsoleRe Form - (I W 1)
Exhibit "A"
PAYROLL DEDUCTION AUTHORIZATION FORM
This is authorization to the
to deduct from my paycheck$
*This is for item number as shown below:
Repayment of
1. Loan 7. Credit Union
2. Retirement 8. Profit Sharing
3. Advance on Wages 9. Donations to Agencies
4. Savings 10. insurance Premiums
5. Saving Bonds 11. Union Dues
6. Uniforms
*This deduction is to be made:
Check Appropriate Box
One Time Only
Weekly
Bi-Weekly
For Weeks
Date:
Employee's Signature.
Printed or Typed Name:
Project Name and Number:
Exhibit "A"
PERMISSIBLE PAYROLL DEDUCTIONS
The "Anti-Kickback" regulations of the Copeland Act permit the following deductions
from the workman's weekly wages:
1. Where required by Federal, State or Local Statutes.
2. Bona fide payment of wages without discount of interest.
3. Deductions required by court process, provided such deduction is not in favor of
the contractor, subcontractor, or any affiliated person, or where collusion exists.
4. The purchase price of United States Notes, Stamps and Bonds.
5. The repayment of loans to or the purchase of shares in, credit unions organized
and operated in accordance with Federal or State statutes.
6. Contributions to a Federal Government or quasi-govemmental agency.
7. The payment of dues or premiums to unaffiliated associations for medical or
hospitalization insurance where the employer is not required by law to supply
such benefits.
8. Contributions to the Red Cross and Community Chests.
9. Regular union initiation fees and membership dues where a collective bargaining
agreement provides for such deductions. (This does not include work permits or
special assessments.)
Exhibit "A"
STATEMENT OF NON-PERFORMANCE
Payroll Number:
I, do hereby state that
(Name of Signatory party) (Tile)
NO PERSONS employed by performed work on
(Name of submitting company)
the construction project known as
for the payroll period commencing on the day of
(t dates (month)
and ending on the day of
(last date of week) (month)
Signature of Authorized Person
Date
'THIS STATEMENT IS NOT REQUIRED TO BE SUBMITTED UNTIL AFTER
SUBMISSION OF THE INITIAL PAYROLL REPORT
REV.2/2 312 0 1 1
Exhibit "A"
Title 29 — Labor Regulations
Exhibit "A"
Title 29 — LABOR
Subtitle A - Office of The Secretary of Labor
PART 3-CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK
FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Sect. Name
3.1 Purpose and scope.
3.2 Definitions.
3.3 Weekly statement with respect to payment of wages.
3.4 Submission of weekly statements and the preservation and inspection of weekly payroll
records.
3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
3.7 Applications for the approval of the Secretary of Labor.
3.8 Action by the Secretary of Labor upon applications.
3.9 Prohibited payroll deductions.
3.10 Methods of payment of wages.
3.11 Regulations part of contract.
Authority:R.S. 161,sec.2,48 Stat.848;Reorg.Plan No.14,of 1950,64 Stat. 1267;5 U.S.C.301;40 U.S.C.276c.
Source:29 FR 97,Jan.4,1964,unless otherwise noted.
29 CFR 3.1 -Purpose and scope.
This part prescribes "anti-kickback" regulations under section 2 of the Act of June 13, 1934, as amended (40
U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to
Federal wage standards and which is for the construction, prosecution, completion, or repair of public
buildings, public works or buildings or works financed in whole or in part by loans or grants from the United
States.The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act
and the various statutes dealing with federally assisted construction that contain similar minimum wage
provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College
Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the
enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are
applicable to construction work.The part details the obligation of contractors and subcontractors relative to the
weekly submission of statements regarding the wages paid on work covered thereby; sets forth the
circumstances and procedures governing the making of payroll deductions from the wages of those employed
on such work;and delineates the methods of payment permissible on such work.
29 CFR 3.2-Definitions.
As used in the regulations in this part:
(a) The terms building or work generally include construction activity as distinguished from
manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without
limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways,
airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and
canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless
conducted in connection with and at the site of such a building or work as is described in the foregoing
sentence,the manufacture or furnishing of materials, articles, supplies, or equipment(whether or not a
Federal or State agency acquires title to such materials, articles, supplies, or equipment during the
course of the manufacture or furnishing, or owns the materials from which they are manufactured or
furnished)is not a building or work within the meaning of the regulations in this part.
Exhibit "A"
(b) The terms construction, prosecution, completion, or repair mean all types of work done on a
particular building or work at the site thereof, including, without limitation, altering, remodeling, painting
and decorating, the transporting of materials and supplies to or from the building or work by the
employees of the construction contractor or construction subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons
employed at the site by the contractor or subcontractor.
(c) The terms public building or public work include building or work for whose construction,
prosecution, completion, or repair, as defined above, a Federal agency is a contracting party,
regardless of whether title thereof is in a Federal agency.
(d) The term building or work financed in whole or in part by loans or grants from the United States
includes building or work for whose construction, prosecution, completion, or repair, as defined above,
payment or part payment is made directly or indirectly from funds provided by loans or grants by a
Federal agency. The term includes building or work for which the Federal assistance granted is in the
form of loan guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction,
prosecution, completion, or repair of a public building or public work or building or work financed in
whole or in part by loans or grants from the United States is employed and receiving wages, regardless
of any contractual relationship alleged to exist between him and the real employer.
(f) The term any affiliated person includes a spouse, child, parent, or other close relative of the
contractor or subcontractor; a partner or officer of the contractor or subcontractor; a corporation closely
connected with the contractor or subcontractor as parent, subsidiary, or otherwise, and an officer or
agent of such corporation.
(g) The term Federal agency means the United States, the District of Columbia, and all executive
departments, independent establishments, administrative agencies, and instrumentalities of the United
States and of the District of Columbia, including corporations, all or substantially all of the stock of
which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing
departments,establishments,agencies,and instrumentalities.
[29 FIR 97,Jan.4, 1964,as amended at 38 FIR 32575, Nov.27,1973)
29 CFR 3.3-Weekly statement with respect to payment of wages.
(a) As used in this section, the tern employee shall not apply to persons in classifications higher than
that of laborer or mechanic and those who are the immediate supervisors of such employees.
(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of
any public building or public work, or building or work financed in whole or in part by loans or grants
from the United States, shall furnish each week a statement with respect to the wages paid each of its
employees engaged on work covered by this part 3 and part 5 of this chapter during the preceding
weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an
authorized officer or employee of the contractor or subcontractor who supervises the payment of
wages, and shall be on form WH 348, 'Statement of Compliance", or on an identical form on the back
of WH 347, "Payroll (For Contractors Optional Use)" or on any form with identical wording. Sample
copies of WH 347 and WH 348 may be obtained from the Government contracting or sponsoring
agency, and copies of these forms may be purchased at the Government Printing Office.
(c)The requirements of this section shall not apply to any contract of$2,000 or less.
(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide
reasonable limitations, variations, tolerances, and exemptions from the requirements of this section
subject to such conditions as the Secretary of Labor may specify.
(29 FIR 97,Jan.4, 1964,as amended at 33 FIR 10186,July 17, 1968;47 FIR 23679,May 28, 1982]
Exhibit "A"
29 CFR 3.4 -Submission of weekly statements and the preservation and inspection of weekly
payroll records.
(a) Each weekly statement required under Sec. 3.3 shall be delivered by the contractor or
subcontractor, within seven days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at the site of the building or work,or, if there is no
representative of a Federal or State agency at the site of the building or work, the statement shall be
mailed by the contractor or subcontractor,within such time,to a Federal or State agency contracting for
or financing the building or work. After such examination and check as may be made, such statement,
or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation,
in accordance with applicable procedures prescribed by the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three
years from date of completion of the contract. The payroll records shall set out accurately and
completely the name and address of each laborer and mechanic, his correct classification, rate of pay,
daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll
records shall be made available at all times for inspection by the contracting
officer or his authorized representative,and by authorized representatives of the Department of Labor.
(Reporting and recordkeeping requirements in paragraph (b) have been approved by the Office of
Management and Budget under control number 1215-0017)
i29 FIR 97,Jan.4, 1964,as amended at 47 FIR 145,Jan.5, 19821
29 CFR 3.5 -Payroll deductions permissible without application to or approval of the Secretary
of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of this
section may be made without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as
Federal or State withholding income taxes and Federal social security taxes.
(b)Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when
such prepayment is made without discount or interest. A bona fide prepayment of wages is considered
to have been made only when cash or its equivalent has been advanced to the person employed in
such manner as to give him complete freedom of disposition of the advanced funds.
(c)Any deduction of amounts required by court process to be paid to another, unless the deduction is in
favor of the contractor,subcontractor,or any affiliated person,or when collusion or collaboration exists.
(d)Any deduction constituting a contribution on behalf of the person employed to funds established by
the employer or representatives of employees, or both,for the purpose of providing either from principal
or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits,
compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of
the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the
benefit of employees, their families and dependents: Provided, however, That the following standards
are met:
(1)The deduction is not otherwise prohibited by law;
(2)It is either:
(i)Voluntarily consented to by the employee in writing and in advance of the period in
which the work is to be done and such consent is not a condition either for the
obtaining of or for the continuation of employment,or
(ii)provided for in a bona fide collective bargaining agreement between the contractor
or subcontractor and representatives of its employees;
(3)No profit or other benefit is otherwise obtained,directly or indirectly,
by the contractor or subcontractor or any affiliated person in the form
of commission, dividend,or otherwise;and
(4)The deductions shall serve the convenience and interest of the employee.
(e)Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when
voluntarily authorized by the employee.
Exhibit "A"
(f)Any deduction requested by the employee to enable him to repay loans to or to purchase shares in
credit unions organized and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to
govemmental or quasi-governmental agencies, such as the American Red Cross.
(h)Any deduction voluntarily authorized by the employee for the making of contributions to Community
Chests,United Givers Funds,and similar charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership dues, not including fines or
special assessments: Provided, however, That a collective bargaining agreement between the
contractor or subcontractor and representatives of its employees provides for such deductions and the
deductions are not otherwise prohibited by law.
0)Any deduction not more than for the "reasonable cost' of board, lodging, or other facilities meeting
the requirements of section 3(m)of the Fair Labor Standards Act of 1938, as amended, and part 531 of
this title. When such a deduction is made the additional records required under Sec. 516.25(a) of this
title shall be kept.
(k)Any deduction for the cost of safety equipment of nominal value purchased by the employee as his
own property for his personal protection in his work, such as safety shoes, safety glasses, safety
gloves,and hard hats,if such equipment is not required by law to be furnished by the employer, if such
deduction is not violative of the Fair Labor Standards Act or prohibited by other law, if the cost on which
the deduction is based does not exceed the actual cost to the employer where the equipment is
purchased from him and does not include any direct or indirect monetary return to the employer where
the equipment is purchased from a third person,and if the deduction is either
(1) Voluntarily consented to by the employee in writing and in advance of the period in which the
work is to be done and such consent is not a condition either for the obtaining of employment or
its continuance;or
(2) Provided for in a bona fide collective bargaining agreement between the contractor or
subcontractor and representatives of its employees.
(29 FIR 97,Jan.4, 1964,as amended at 36 FIR 9770,May 28, 19711
29 CFR 3.6-Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any
deduction not permitted under Sec. 3.5.The Secretary may grant permission whenever he finds that:
(a)The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or
indirectly from the deduction either in the form of a commission,dividend,or otherwise;
(b)The deduction is not otherwise prohibited by law;
(c)The deduction is either(1)voluntarily consented to by the employee in writing and in advance of the
period in which the work is to be done and such consent is not a condition either for the obtaining of
employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement
between the contractor or subcontractor and representatives of its employees; and
(d)The deduction serves the convenience and interest of the employee.
29 CFR 3.7 -Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under Sec. 3.6 shall comply with the requirements
prescribed in the following paragraphs of this section:
(a)The application shall be in writing and shall be addressed to the Secretary of Labor.
(b)The application need not identify the contract or contracts under which the work in question is to be
performed. Permission will be given for deductions on all current and future contracts of the applicant
for a period of 1 year. A renewal of permission to make such payroll deduction will be granted upon the
submission of an application which makes reference to the original application, recites the date of the
Secretary of Labor's approval of such deductions, states affirmatively that there is continued
compliance with the standards set forth in the provisions of Sec. 3.6, and specifies any conditions which
have changed in regard to the payroll deductions.
Exhibit "A"
(c)The application shall state affirmatively that there is compliance with the standards set forth in the
provisions of Sec. 3.6. The affirmation shall be accompanied by a full statement of the facts indicating
such compliance.
(d) The application shall include a description of the proposed deduction, the purpose to be served
thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be
made.
(e)The application shall state the name and business of any third person to whom any funds obtained
from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the
applicant.
[29 FIR 97,Jan.4,1964.as amended at 36 FIR 9771,May 28, 1971)
29 CFR 3.8-Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of
Sec.3.6;and shall notify the applicant in writing of his decision.
29 CFR 3.9 -Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which are not found to be permissible under
Sec.3.6 are prohibited.
29 CFR 3.10 -Methods of payment of wages.
The payment of wages shall be by cash, negotiable instruments payable on demand,or the additional forms of
compensation for which deductions are permissible under this part. No other methods of payment shall be
recognized on work subject to the Copeland Act.
29 CFR 3.11 -Regulations part of contract.
All contracts made with respect to the construction, prosecution, completion, or repair of any public
building or public work or building or work financed in whole or in part by loans or grants from the
United States covered by the regulations in this part shall expressly bind the contractor or subcontractor
to comply with such of the regulations in this part as may be applicable. In this regard, see Sec. 5.5(a)
of this subtitle.
Exhibit "A"
Required Bulletin Board Posters
Exhibit "A"
EMPLOYEE RIGHTS
UNDER THE DMIS-BACON ACT
FOR LABORERS AND MECHANICS
EMPLOYED ON FEDERAL OR
FEDERALLY ASSISTED
CONSTRUCTION PROJECTS
PREVAILING You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted
WAGES with this Notice for the work you perform.
OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked
over 40 in a work week.There are few exceptions.
ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due,and
liquidated damages may apply H overtime pay requirements are not met.Davis-Bacon contract
clauses allow contract termination and debarment of contractors from future federal contracts for
up to three years.A contractor who falsifies certified payroll records or induces wage kickbacks
may be subject to civil or criminal prosecution,fines and/or imprisonment.
APPRENTICES Apprentice rates apply only to apprentices property registered under approved Federal or State
apprenticeship programs.
PROPER PAY It you do not receive proper pay,or require further information on the applicable wages,contact
the Contracting Officer listed below.
Elizabeth Nvarado
C;BG Coordinator
City of Round Rock
221 East Main Street
Round Rock,Texas 78664
512-34 13328
or contact the U.S.Department of Labor's Wage and Hour Division.
1.866-487-9243 O O
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Exhibit "A"
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EMPLEADOS ` � � •
Usted tiene el derecho de notificar a su empleador o ...
a la OSHA sobre peligros en el luyar de trabajo.Usted .,;s '
tambien puede pedir que la OSHA no revele su Hombre. �
• Usted gene el derecho de pedir a la OSHA que real;ze � �
una inspection si acted p;ensa que en su trabajo existen 'C' "•I },, ` w
condiciones peliyrosas o poco saludables.Usted o su � � .y�� .-` �,' T,
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representante pueden participar en esa inspection.
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- Usted gene 30 dial para presentar una queja ante la i r ��'.-
OSHA si su empleador Ilega a tomar represalias o i t
discriminar en su contra por haber denunciado la , '; �� :i �--
condicion de seyuricfad o salad o por ejercer los �� •; T �"'•w i� `
derechos consagrados bajo la Ley OSH t'`
• Usted gene el derecho de ver lac citaciones enviadas ��
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por la OSHA a su empleador.Su empleador debe colocar � {
lac citaciones en el luyar donde se encontraron lac � �,
supuestas;nfracciones o cerca del mismo. "�
• Su empleador debe correyir los peligros en el lugar �:'�=w� )� •
Exhibit "A"
de trabajo para la fecha indicada en la citation y debe
certificar yue dichos peligros se hayan reducido o 'r
desaparecido. :• • r
• Usted gene derecho de recibir copias de su histor;al � `h'1��' � �"
o registro medico y el reyistro de su exposition a '•a ;'
sustancias o condiciones toxicas o dariinas
• Su empleador debe colocar este aviso en su lugar /`
de trabajo.
Usted debe cumplir con todas lac normal de seguridad y salad "
ocupacionales expedidas confonne a la Ley OSH que Sean
aplicables a sus propias acc;ones y conducts en el trabajo
EMPLEADORES: respakkufw por toOS
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• Usted debe proporcionar a sus empleadoc un lugar de
empleo libre de peligros conocidos W{ r O
Usted debe cun,plir con lac nomias de seguridad y saladwww.osha.gmOSHA SIM"R
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Equal Employment Opportunity is
THE LANV
Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations
Applicants to and employees of most private employers,state and local governments,educational institutions,
employment agencies and labor organizations are protected under Federal law from discrimination on the following bases:
RACE,COLOR,RELIGION,SEX,NATIONAL ORIGIN GENETICS
Title VI of the Civil Rights Act of 1964,as amended,protects applicants and Title 11 of the Genetic Information Nondiscrimination Act of 2008 protects applicants
employees from discrimination in hiring,promotion,discharge,pay,fringe benefits, and employees from discrimination based on genetic information in hiring,
job training,classification,referral,and other aspects of employment,on the basis promotion,discharge,pay,fringe benefits,job training,classification,referral,and
of race,color,religion,sex(including pregnancy),or national origin.Religious other aspects of employment GINA also restricts employers'acquisition of genetic
discrimination includes failing to reasonably accommodate an employee's religious information and strictly limits disclosure of genetic information.Genetic information
practices where the accommodation does not impose undue hardship. includes information about genetic tests of applicants,employees,or their family
members;the manifestation of diseases or disorders in family members(family
DISABILITY medical history);and requests for or receipt of genetic services by applicants,
Title 1 and Title V of the Americans with Disabilities Act of 1990,as amended,protect employees,or their family members.
qualified individuals from discrimination on the basis of disability in hiring,promotion,
discharge,pay,fringe benefits,job training,classification,referral,and other RETALIATION
aspects of employment.Disability discrimination includes not making reasonable All of these Federal laws prohibit covered entities from retaliating against a
accommodation to the known physical or mental limitations of an otherwise qualified person who files a charge of discrimination,participates in a discrimination
individual with a disability who is an applicant or employee,barring undue hardship, proceeding,or otherwise opposes an unlawful employment practice.
AGE WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED
The Age Discrimination in Employment Act of 1967,as amended,protects There are strict time limits for filing charges of employment discrimination.To
applicants and employees 40 years of age or older from discrimination based on preserve the ability of EEOC to act on your behalf and to protect your right to file a
age in hiring,promotion,discharge,pay,fringe benefits,job training,classification, private lawsuit,should you ultimately need to,you should contact EEOC promptly
referral,and other aspects of employment. when discrimination is suspected:
The U.S.Equal Employment Opportunity Commission(EEOC),1-800-6694000
SEX(WAGES) (toll-tree)or 1-800-669.6820(toll-free T`lY number for individuals with hearing
In addition to sex discrimination prohibited by Title V1I of the Civil Rights Act,as impairments).EEOC field office information is available at www.eeoc.gov or
amended,the Equal Pay Act of 1963,as amended,prohibits sex discrimination in in most telephone directories in the U.S.Government or Federal Government
the payment of wages to women and men performing substantially equal work, section.Additional information about EEOC,including information about charge
in jobs that require equal skill,effort,and responsibility,under similar working filing,is available at www.eeoc.gov.
conditions,in the same establishment.
Employers Holding Federal Contracts or Subcontracts
Applicants to and employees of companies with a Federal government contract or subcontract
are protected under Federal law from discrimination on the following bases:
RACE,COLOR,RELIGION,SEX,NATIONAL ORIGIN three years of discharge or release from active duty),other protected veterans
Executive Order 11246,as amended,prohibits job discrimination on the basis (veterans who served during a war or in a campaign or expedition for which a
of race,color,religion,sex or national origin,and requires affirmative action to campaign badge has been authorized),and Armed Forces service medal veterans
ensure equality of opportunity in all aspects of employment. (veterans who,while on active duty,participated in a U.S.military operation for
INDIVIDUALS WITH DISABILITIES which an Armed Forces service medal was awarded).
Section 503 of the Rehabilitation Act of 1973,as amended,protects qualified RETALIATION
individuals from discrimination on the basis of disability in hiring,promotion, Retaliation is prohibited against a person who files a complaint of discrimination,
discharge,pay,fringe benefits,job training,classification,referral,and participates in an OFCCP proceeding,or otherwise opposes discrimination
other aspects of employment. Disability discrimination includes not making under these Federal laws.
reasonable accommodation to the known physical or mental limitations of an
otherwise qualified individual with a disability who is an applicant or employee, Any person who believes a contractor has violated its nondiscrimination or
barring undue hardship. Section 503 also requires that Federal contractors take affirmative action obligations under the authorities above should contact
affirmative action to employ and advance in employment qualified individuals immediately:
with disabilities at all levels of employment,including the executive level. The Office of Federal Contract Compliance Programs(OFCCP),U.S.
DISABLED,RECENTLY SEPARATED,OTHER PROTECTED, Department of Labor,200 Constitution Avenue,N.W.,Washington,D.C.
AND ARMED FORCES SERVICE MEDAL VETERANS 20210,1.800-397-6251 (toll-free)or(202)693-1337(1W. OFCCP may also be
The Vietnam Era Veterans'Readjustment Assistance Act of 1974,as amended,38 contacted by e-mail at OFCCP-Public®dol.gov,or by calling an OFCCP regional
U.S.C.4212,prohibits job discrimination and requires affirmative action to employ or district office,listed in most telephone directories under U.S.Government,
and advance in employment disabled veterans,recently separated veterans(within Department of Labor.
Programs or Activities Receiving Federal Financial Assistance
RACE,COLOR,NATIONAL ORIGIN,SEX INDIVIDUALS WITH DISABILITIES
In addition to the protections of Title VU of the Civil Rights Act of 1964,as Section 504 of the Rehabilitation Act of 1973,as amended,prohibits employment
amended,Title VI of the Civil Rights Act of 1964,as amended,prohibits discrimination on the basis of disability in any program or activity which receives
discrimination on the basis of race,color or national origin in programs or Federal financial assistance. Discrimination is prohibited in all aspects of
activities receiving Federal financial assistance. Employment discrimination employment against persons with disabilities who,with or without reasonable
is covered by Title VI if the primary objective of the financial assistance is accommodation,can perform the essential functions of the job.
provision of employment,or where employment discrimination causes or may
cause discrimination in providing services under such programs.Title IX of the If you believe you have been discriminated against in a program of any
Education Amendments of 1972 prohibits employment discrimination on the institution which receives Federal financial assistance,you should immediately
basis of sex in educational programs or activities which receive Federal financial contact the Federal agency providing such assistance.
assistance.
EEOC 9102 and OFCCP 8108 Versions Useable With 11109 Supplement EEOGP/E-1 (Revised 11109)
La igualdad de oportunidades de empleo es
LA LEY
Empleadores privados,gobiernos locales y estatales,instituciones educativas,agencfas de empleo y organizaciones de trabajo
Los postulantes y empleados de la mayoria de Ins empleadores privados,los gobiernos locales y estatales,las instituciones educativas,
las agencfas de empleo y las organizaciones de trabajo estan protegidos por la ley federal contra la discrimination en funcion de:
RAZA,COLOR,RELIGION,SEXO,PROCEDENCIA GENILTICA
El TrUo Vp de la Ley de Derechos Guiles(Civil Rights Act)de 1964,con sus modificadones, El Titulo 11 de la Ley de No Discrimination por Information Genetica(Genetic Information
protege a Ins postulantes y a los empleados contra la discrimination en to que respecta a la Nondiscrimination Act,GINA)de 2008 protege a los postulantes y empleados contra la
contratadOn.Ins ascensos,los despidos,los pagos,Las compensadones adidonales,la capacitation discrimination basada en la information genebca en to que respecta a la contratacion,los
laboral,la clai6ctaon,las referencias y Ins demos aspectos del empleo,en(union de raza,color, ascensos,los despidos,los pagos,las compensations adicionales,la capacitation laboral,
religion,smo(indwrlas las embarazadas)o prooederxaa La discrimination reWosa se refiere a la clasificacion,las referencias y los demos aspectos del empleo.U GINA tambien lirrdta
la Wta de adaptation razonable a las practices retigiosas de un empleado,siempre y cuando dicha la adquisicion de information genedca por parte de los empleadores y condition de
adaptation no provoque una dificultad economics desmedida para la companies manera estncta su divulgacion.La information genetica incluye las pruebas geneticas de
Ins postulantes,empleados o integrantes de sus familias,la manifestation de enferrriedades
DISCAPACIDAD o trastomos de Ins miembros de la familia(historia medica familiar)y las solicitudes o la
Los Titulos I y V de la Ley de Estadounidenses con Discapacidades(Americans with reception de servicios genebcos por parte de los postulantes,empleados o integrantes de
Disabilities Act)de 1990,con sus modificaciones,protege a las personas idoneas contra sus farrubas.
la discrimination por discapacidad en to que respecta a la contratacion,los ascensos,los
despidos,Ins pagos,las compensaciones adicionales,la capacitation laboral,la clasificacion, REPRESAUAS
tas referencias y los dernis aspectos del empleo.La discrimination por discapacidad se Todas estas leyes federales prohrben a las entidades cubiertas que tomen represalias
refiere a Ia falta de adaptaciones razonables pares las limitaciones fisicas o mentales de una en contra de una persona que presenta una cargo por discrimination,participa en un
persona idonea que tiene una discapacidad y que es un postulante o un empleado,salvo procedimiento por discrimination o que,de algbn otro modo,se opone a una prictica
que dichas adaptations provoquen una dificultad economica desmedida para la compaiva laboral ilicita.
EDAD QUE DEBE RACER SI CONSIDERA QUE ES VICTIM DE LA DISCRIMINACION
La Ley contra la Discrimination Laboral por Had(Age Discrimination in Employment E)isten plazos estnctos pars presentar cargos por discrimination laboral.A fin de
Act)de 1967,con sus modificaciones,protege a los postulantes y empleados de 40 anos preservar la capacidad de la Comision para la Igualdad de Oportunidades en el Empleo
o mas contra la discrimination por cuestiones de edad en to que respecta a la contratacion, (Equal Employment Opportunity Commission,EEOC)de actuar en representation suya
los aseensos,los despidos,los pagos,las compensaciones adicionales,la capacitation y proteger su derecho a iniciar una demanda privada si fuese necesario en ultima
laboral,la clasificacion,las referencias y los demos aspectos del empleo. instancia,debe comunicarse con la EEOC apenas sospeche que se produjo on hecho
de discrimination:Comision pars la Igualdad de Oportunidades en el Fmpleo de los
SEXO(SALARIOS) Estados Unidos,1.800-669d000(linea gratuita)o 1-8W&9a20(linea gratuita'M para
Ademis de Io establecido en el Titulo Vll de la Ley de Derechos Guiles,con sus las personas con problemas auditivos).Puede encontrar information sobre las sucursales
modificaciones,la Ley de Igualdad en las Remuneraciones(Equal Pay Act)de 1963,con de la EEOC en www.eeoc.gov o en la mayoria de las guias telefonicas en la section
sus modificaciones,tambien prohrbe la discrimination sexual en el pago de Ins salarios Gobiemo Federal o Gobierno de Ins Fstados Unidos.Tambien puede obtener information
a)as mujeres y Ins hombres que realicen bisicamente el mismo trabajo,en empleos que adicional sabre la EEOC,incluso como presentar un cargo,en www.eeoc.gov.
requieran las mismas habifidades,esfuerzo y responsabifidad,en condiciones laborales
similares,en el mismo establecimiento.
Empleadores que tengan contratos o subcontratos con el gobierno federal
Los postulantes y empleados de las compartias que tengan un contrato o subcontrato con el gobierno federal
estan protegidos por la ley federal contra la discrimination en funcion de:
RAZA,COLOR,RELIG16N,SEXO,PROCEDENCIA (en el platy de Ins tres adios posteriores a la baja o al cese del servicio acovo),orros
El Decreto Ejecutivo 11246,can sus modificaciones,prohbe la discrirninadon en el trabajo veteranos bajo protection(los vewranos que prestaron servicio durante una guerra o
en funcion de rasa,color,religion,sexo o procedencia y exige que se implementen actions en una campana o expedition para la cual se les autorizo una insignia de campana)y los
afirmativas Para garantizar la igualdad de oportunidadesen todos Ins aspectos Libor-ales veteranos con medalla por servicio a las Fuerzas Armadas(aquellos que durante el servicio
acfivo,participaron en una operation mifitar de Ins Estados Unidos por la coal se Ins
PERSONAS CON DISCAPACIDADES reconocio con una medalla por servido a las Fuerzas Armadas).
La Section 503 de la Ley de Rehabilitation(Rehabilitation Act)de 1973,con sus
modificaciones,protege a las personas idoneas contra la discrimination por discapacidad en REPRESALIAS
to que respecta a la contratacion,los ascensos,Ins despidos,los pagos,las compensaciones Quedan prohibidas las represahas contra una persona que presents una demanda por
adicionales,la capacitation laboral,la clasificacion,las referencias y los demas aspectos del discrimination,participa en un procedimiento de la Oficina de Programas de Cumpfintiento
empleo.la discrimination por discapacidad se refiere a la faha de adaptations razonables de Contratos Federales(Office ojFederal Contract Compliance P�ograms,OFCCP)o que se
pars las haidtaciones fisicas o mentales de una persona idonea que bene una discapacidad y oponga,de algun otro modo,a la discrimination Begun estas leyes federates.
que es un postulante o un empleado,salvo que dichas adaptaciones provoquen una dificultad Toda persona que considere que un contratista viola sus obbgaciones de action afinnativa
economica desmedida Para la companies la Seccion 503 tambien e3dge que los contratistas
federales implementen acciones a6rmativas pars emplear y avanzar en el empleo de personas ono discrimination Begun less autoridades mencionadas anteriormente debe comunicarse
idoneas con discapacidades en todos los niveles laborales,incluido el nivel ejecutivo. de inmediato con:
la Oficina de Programas de Cumplimiento de Contratos Federales(OFCCP),Departamento
VETERANOS DISCAPACITADOS,RECIEN RETIRADOS,SAJO PROTECC16N de Trahajo de Ins Estados Unidos,200 Constitution Avenue,N.W.,Washington,D.C.20210,
Y CON MEDALLA POR SERVICIO A LAS FUERZAS ARMADAS telefono 14l0&397F251(Ifnea gratuita)o(202)693-1337(Ifnea TM.Tambien puede enviar
la Ley de Asistencia a la Readaptacion de Veter-anon de Vietnam(Vietnam Era un mensaje de correo electronico a la OFCCP(OFCCP-Public®dol.gov)o bien,Ilamar a
Veterans'Readjustment Assistance Act)de 1974,con sus modificaciones,38 U.S.C.4212, una de sus oficinas regionales o del disc ito,las auales aparecen en la mayoria de las gwas
prolube la discrimination laboral y eudge que se implementen actions afirmativas telefbr»cas en la section Gobierno de Ins Estados Unidos,Departarnento de Trabajo.
para emplear y avanzar en el empleo de Ins veteranos discapacitados,recien retirados
Programas o actividades que reciben asistencia flnanciera federal
RAZA,COLOR,PROCEDENCIA,SEXO PERSONAS CON DISCAPACIDADES
Ademas de las proteedones establecidas en e11ItWo VQ de la ley de Derechos Civiles de 1%4 La Seccion 504 de la Ley de Rehabilitation de 1973,con sus modifications,prohrbe la
y sus modificaciones,el T(tulo VI de dicha ley,con sus modificaciones,prohube la disc iminad6n discrimination laboral por discapacidad en cualquier programa o actividad que reciba
por rarer,color o promdencia en Ins laogramas o las actividades que reaban asistencia financiers asistencia financiers federal.Queda proWbida la discrimination en todos los aspectos
federal La discrimination Tabora)ester cubierta por el MUo VI si el objetivo principal de la laborales contra las personas discapacitadas que,con o sin adaptaciones razonables,
asistencia financera es brindar empleo,o si la discriminacion laboral pmvoca o puede provocar pueden desempenar las funciones esenciales del trabajo.
disaiminacion cuando se proporcionan Ins servicios de dichos programas-El Tlaulo IX de las
Reformers Educamw de 1972 prolube la discimmacion laboral segun el sexo en los prcrgrarnas r tree que ha is fi victima federal,
d rat,d be co en carsalge a inmena to una institution que
reciba asistencia financiers federal,debe comunicarse de inmediato con la agencies federal
o las actividades educati%w que reciben asistencia financiera federal
que brinda dicha asistencia.
Versiones utilizables de la EEOC 9102 y la OFCCP 8108 con el Suplemento 11109 EEOC-PIE-1 (Reaisado 11109)
Exhibit "A"
DERECHOS DEL EMPLEADO
BAJO LA LEY DAVIS-BACON
PARA , - - . .
EMPLEADOS EN PROYECTOS
CONSTRUCCION FEDERAL • CON
ASISTENCIA FEDERAL
SALARIOS No se Is puede pager mess de is lase de pago Indicade an to Decisl6n de Salarios Davis-Bacon lilada can
PREVALECIENTES este Avlso pars el tmbalo que Ud.desempe6a.
SOBRETIEMPO Se Is he de pager no menos de tlempo y msdlo de su two bAslca de pogo por Codas las horas lraboladas
en exceso de 40 on una semen laboral.Exlsten paces ezcepciooes.
CUMPLIMIENTO Se pueden retener pegos par contralos para asegurarse quo los obreros redban los selados y ei pogo
de wbretiempo debidos,y se podrfa api'car darlos y perlulOos sl no se rumple con las exigencies del
pago de scbrellempo.Las chiusulas contracluetes de Davis-Bacon ps nllen Is larmvtaci6n y exclusion
de contratlstas pare efecluar hAuros conbatos federates haste tree arts.El contratlsta que lelsllique
los registros certif cados de tas n6minas de pago o Induzca dewludones de salarloa puede ser sulelo a
procesamlento dvd o criminal,multas y/o encercetamlento.
APRENDICES Las lases de sprand"s s6lo se aptican a aprendices correctamente insaitos halo programas federates o
asset ales aprobados
PAGO APROPIADO Si Ud.no reubs al pago amopiado,o predso de InfornmacOn adicional solxe los salerios apiicables,
p6ngase en contacto can at Conlratlsla OOcial qua sparece abaja:
o p6ngaae on contacto con Is Dive do de Hares y Salerios del Oepanamento de Trabalo de los EE.UU.
Exhibit "A"
Federal Labor Standards Provisions
Exhibit "A"
Federal Labor Standards Provisions U.S.Department of Housing
and Urban Development
Office of Labor Relations
Applicability 0) The work to be performed by the classification
The Project or Program to which the construction work requested is not performed by a classification in the wage
covered by this contract pertains is being assisted by the determination; and
United States of America and the following Federal Labor (2) The classification is utilized in the area by the
Standards Provisions are included in this Contract construction industry; and
pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide
assistance fringe benefits, bears a reasonable relationship to the
A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination,
employed or working upon the site of the work, will be paid (b) It the contractor and the laborers and mechanics to be
unconditionally and not less often than once a week, and employed in the classification (if known), or their
without subsequent deduction or rebate on any account representatives, and HUD of its designee agree on the
(except such payroll deductions as are permitted by classification and wage rate (including the amount
regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report
Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to
and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division,
due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of
those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an
Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will
such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of
under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215-
laborers or mechanics are considered wages paid to such 0140.)
laborers or mechanics, subject to the provisions of 29 CFR
(c) In the event the contractor, the laborers or mechanics
5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often to be employed in the classification or their
than quarterly) under plans, funds, or programs, which
representatives, and HUD or Its designee do not agree on
cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the
constructively made or incurred during such weekly period amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for
for the classification of work actually performed, without determination. The Administrator, or an authorized
regard to skill, except as provided in 29 CFR 5.5(a)(4) representative, will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify
classification may be compensated at the rate specified for HUD or its designee within the 30-day period that
each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of
Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number
set forth the time spent in each classification in which 1215.0140.)
work is performed. The wage determination (including any
additional classification and wage rates conformed under p The wage rate (including fringe benefits where
a
29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs
1321) shall be posted at all times by the contractor and its workers a (c) of this paragraph, shall io paid r all
subcontractors at the site of the work in a prominent and workers performing work in the classification under this
accessible, place where it can be easily seen by the contract from the first day on which work is performed in
. the classification.
workers
(11) (a) Any class of laborers or mechanics which is not (111) Whenever the minimum wage rate prescribed in the
listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a
employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the
conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the
approve an additional classification and wage rate and `"rage determination or shall pay another bona fide fringe
fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof_
have been met (Iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD4010(0612009)
Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1
Exhibit "A"
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 (11) (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 comp•etely all of the information required
necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) 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 of the wages required by the contract. HUD or its information may be submitted in any form desired.
designee may, after written notice to the contractor, 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 hftp:11www.dol oov1esa1whd1forms1wh3471nstr_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, alter the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the lull
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. (1) 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 l(b)(2)(6) 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)(h), 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 HUD-4010(06i2D09)
Page 2 of 5 ref.Handbook 1344.1
Exhibit "A"
(2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above,
apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the
the payroll period has been paid the full weekly wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on
that no deductions have been made either directly or the job site in excess of the ratio permitted under the
indirectly from the full wages earned, other than registered program shall be paid not less than the
permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the
(3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing
than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in
equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates
specified in the applicable wage determination (expressed in percentages of the journeyman's hourly
incorporated into the contract. rate) specified in the contractor's or subcontractor's
(c) The weekly submission of a properly executed registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
certification set forth the reverse sloe Optional Form registered program for the apprentice's level of progress,
W shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate
'Statement of Compliance' required by subparagraph A.3.(ii)(b). specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
(d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the
subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits
231 of Title 31 of the United Slates Code. listed on the wage determination for the applicable
(ill) The contractor or subcontractor shall make the classification. If the Administrator determines that a
records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice
inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that
representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship
of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State
interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office,
the contractor or subcontractor falls to submit the required withdraws approval of an apprenticeship program, the
records or to make them available. HUD or its designee contractor will no longer be permitted to utilize
may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate
applicant or owner, take such action as may be necessary for the work performed until an acceptable program is
to cause the suspension of any further payment, advance, approved.
or guarantee of funds. Furthermore, failure to submit the (11) Trainees. Except as provided in 29 CFR 5.16,
required records upon request or to make such records trainees will not be permitted to work at less than the
available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are
29 CFR 5.12. employed pursuant ',to and individually registered in a
4. Apprentices and Trainees. program which has received prior approval, evidenced by
(1) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor,
less than the predetermined rate for the work they Employment and Training Administration. The ratio of
performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater
individually registered in a bona fide apprenticeship than permitted under the plan approved by the
program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee
Employment and Training Administration, Office of must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program
registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship
an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by
Previous editions are obsolete form HUO.4010(06/2009)
Page 3 of 5 ref.Handbook 1344.1
Exhibit "A"
the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24.
determination for the work actually performed. In addition, (11) No part of this contract shall be subcontracted to any
any trainee performing work on the job site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24.
event the Employment and Training Administration (111) The penalty for making false statements is prescribed
withdraws approval of a training program, the contractor in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
until an acceptable program is approved.
Federal Housing Administration transactions', provides in
part: 'Whoever, for the purpose of . Influencing in any
(111) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or
apprentices,trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false.....
shall be in conformity with the equal employment shall be fined not more than 55,000 or imprisoned not
opportunity requirements of Executive Order 11246, as more than two years,or both.'
amended, and 29 CFR Part 30.
11. Complaints, Proceedings, or Testimony by
5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage,
contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract
Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner
6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any
insert in any subcontracts the clauses contained in subcontractor because such employee has filed any
subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any
other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any
instructions require, and a copy of the applicable proceeding under or relating to the labor standards
prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer.
subcontractors to include these clauses in any lower tier S. Contract Work Hours and Safety Standards Act. The
subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the
for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the
subcontractor with all the contract clauses in this terms'laborers'and'mechanics"include watchmen and guards.
paragraph. (1) Overtime requirements. No contractor or subcontractor
7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or
contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or
termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the
contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in
5.12. such workweek unless such laborer or mechanic receives
S. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic
All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek.
herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated
9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set
arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United Stales (in the
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of
within the meaning of this clause include disputes between Columbia or a territory, to such District or to such
the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages- Such liquidated
its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, including watchmen and guards,
10. (1) Certification of Eligibility. By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph(1)of this paragraph.
Previous editions are obsolete form HUD4010(06l2009)
Page 4 of 5 ref.Handbook 1344 1
Exhibit "A"
(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$100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
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, 83 Stat 96). 40 USC
3701 et 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(0612009)
Page 5 of 5 ref.Handbook 1344.1
Exhibit "A"
Federal Contract Provisions
Exhibit "A"
Community Development Block Grant Program
24 CFR Part 570
FEDERAL CONTRACT PROVISIONS
This Contract is funded in whole or in part by the US Department of Housing and Urban
Development Community Development Block Grant (CDBG) Program funds made available to
the City of Round Rock. These additional provisions apply when CDBG is used to fund eligible
activities permitted by the CDBG regulations published at 24 CFR Part 570.The Contractor and
all of its Subcontractors shall comply with these Federal provisions.The Contractor shall include
this document in all subcontracts and ensure it is also included in all lower-tier subcontracts of
the Subcontractor.
I. Davis-Bacon Act-29 CFR Parts 1,3,S, 6,and 7
In carrying out this Agreement, the Contractor agrees to comply with the requirements of the
Davis- Bacon Act, which requires the payment of prevailing wage rates (which are determined
by the U.S. Department of Labor) to all laborers and mechanics on Federal government and
District of Columbia construction projects in excess of$2,000. Construction includes alteration
and/or repair, including painting and decorating, of public buildings or public works. A Davis-
Bacon wage decision (or wage determination) is a listing of various construction work
classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage
rates (and fringe benefits, where prevailing) that workers who perform work in those
classifications must be paid.
2.Contract Work Hours and Safety Standards Act—40 U.S.C.327-333
The Contractor shall comply with the requirements of the Contract Work Hours and Safety
Standards Act as supplemented by U.S. Department of Labor regulations 29 CFR Part 5.
CWHSSA requires time and one-half pay for overtime (Om hours (over 40 in any workweek)
worked on covered projects. The Act applies to both direct Federal contracts and indirect
Federally-assisted contracts except where the assistance is solely in the nature of a loan
guarantee or insurance. CWHSSA violations carry a liquidated damages penalty($10/day per
violation). Intentional violations of CWHSSA standards can be considered for criminal
prosecution. CWHSSA does not apply to construction or rehabilitation contracts that are not
subject to Federal prevailing wage rates. CWHSSA applies to prime contracts greater than
$100,000 and to all subcontracts and lower-tier subcontracts or the Subcontractor.
3.Copeland"Anti-Kick Back"Act—IS U.S.C.§874 and 40 U.S.C.§276c;29 CFR Part3
The Contractor, Subcontractor(s) and lower-tier Subcontractors shall comply with the
requirements of the Copeland"Anti-Kick Back'Act as supplemented in the U.S. Department of
Labor regulations 29 CFR Part 3. The Copeland Act makes it a Federal crime for anyone to
require any laborer or mechanic (employed on a Federal or Federally assisted project) to
kickback (i.e., give up or pay back any part of their wages. The Copeland Act requires every
employer (Contractors and Subcontractors) to submit weekly payroll reports (CPRs) and
Exhibit "A"
regulates permissible payroll deductions.
4. Equal Employment Opportunity—Title VII of the evil Rights Ad of 1964;E.O. 11246
A.The Contractor will ensure that all Subcontractor(s)and lower-tier Subcontractors agree to
incorporate or cause to be incorporated into any contract for professional services or
construction,or modification thereof,as defined in the regulations of the Secretary of Labor at
41 CFR Part 60, which is paid for in whole or in part with funds obtained from the Federal
government or borrowed on the credit of the Federal government pursuant to a grant,contract,
loan insurance or guarantee or undertaken pursuant to any Federal program involving a grant,
contract, loan insurance or guarantee,the following equal opportunity clause below.
B. During the performance of the contract, the Contractor, Subcontractor(s) and
lower-tier Subcontractor(s)will:
1. Not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin;
2.Take affirmative action to ensure that applicants are employed, and the employees are
treated during employment without regard to their race, color, religion, sex or national
origin.
3. Such action shall include, but not be limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of
pay or other forms of compensation; and selection for training,including apprenticeship;
4. Post in conspicuous places,available to employees and applicants for employment,notices
to be provided setting forth the provisions of this nondiscrimination. E.E.O. posters are
included herein as Exhibit N to ensure notification of employees.
5. In all solicitations or advertisements for employees'state that all qualified applicants will
receive considerations for employment without regard to race, color, religion, sex or
national origin;
6. Send to each labor union or representative of workers with which he/she has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representative of the E.E.O. commitments under this
section, and shall post copies of the notice in conspicuous place available to employees and
applicants foremployment;
7. Comply with all provisions of Executive Order 11246 of September 24, 1965,as amended
by Executive Order 11375,and with the rules regulations and relevant orders of the Secretary
ofLabor;
8. Furnish all information and reports required by Executive Order 11246 of September 24,
1965 and by rules,regulations and orders of the Secretary of Labor,or pursuant thereto,and
will permit access to his books, records and accounts by the administering agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations and orders;
9. In the event of non-compliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations or orders, this contract may be canceled, terminated or
suspended in whole or in part and the Contractor, Subcontractor(s) and lower-tier
Subcontractor(s) may be declared ineligible for further government contracts or Federally
assisted construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions as may be imposed and remedies
Exhibit "A"
invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulations
or order of the Secretary of Labor, or otherwise provided by law; and
10. Include paragraph B,and B1-9 in every subcontract, lower-tier subcontract or purchase
order unless exempted by rules, regulations or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September 14, 1965, so that such
provisions will be binding upon each Subcontractor or vendor. The Contractor will take such
action with respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided,however,that in the event a Contractor becomes involved in,or is threatened with,
litigation with a Subcontractor or vendor as a result of such direction by the administering
agency the Contractor may request the administering agency to enter into such litigation to
protect the interests of the United States.
C. The Contractor further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in Federally-assisted
construction work: Provided, that if the applicant so participating is a state or local
government,the above equal opportunity clause is not applicable to any agency, instrument
or subdivision of such government which does not participate in the work on or under the
contract.
D. The Contractor agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of Subcontractors with the
equal opportunity clause and the rules, regulations and relevant orders of the Secretary of
Labor,that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing
compliance.
E. The Contractor further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a Subcontractor
debarred from,or who has not demonstrated eligibility for,government contracts and Federally
assisted construction contracts pursuant to the executive order and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
Contractors and Subcontractors by the City or the Secretary of Labor pursuant to Part II,
Subpart D of theexecutive order.
F. In addition,the applicant agrees that if it fails or refuses to comply with these undertakings,
the City may take any or all of the following actions: Cancel,terminate or suspend in whole or
in part this grant (contract, loan insurance or guarantee) refrain from extending any further
assistance to the Contractor under the CDBG program with respect to which the failure or
refund occurred until satisfactory assurance of future compliance has been received from such
Contractor; and refer the case to the Department of Justice for appropriate proceedings.
S.Title VI of Civil Rights Act of 1964—42 U.S.C.>§ 2000d et seq.
During the performance of this contract,the Contractor,for itself, its assignees and successors
interest(hereinafter referred to as the"Contractor's, agrees as follows:
Exhibit "A"
A. The Contractor, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race,color, sex or national origin in the selection and retention
of Subcontractors, including procurements of materials and leases of equipment.The Contractor
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5
of the regulations, including employment practices.
B. In all solicitations either by competitive bidding or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements of materials or leases of
equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the regulations relative to nondiscrimination on
the grounds of race,color, sex or national origin.
C. The Contractor shall provide all information and reports required by the regulations or
directives issued pursuant thereto, and shall permit access to its books, records, accounts,
their sources of information and its facilities as may be determined by the City and the U.S.
Department of Housing and Urban Development to be pertinent to ascertain compliance with
such regulations,orders and instructions. Where any information is required or a Contractor is
in the exclusive possession of another who fails or refuses to furnish this information, the
Contractor shall so certify to the City or the
U.S. Department of Housing and Urban Development, as appropriate, and shall set forth what
efforts it has made to obtain the information.
D. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this
contract, the City or the U.S. Department of Housing and Urban Development shall impose
such contract sanctions as it may determine to be appropriate, including, but not limited to:
1. Withholding of payments to the Contractor under the contract until the Contractor
complies; and/or
2. Cancellation, termination or suspension of the contract, in whole or in part.
E. The Contractor shall include the provisions of paragraph A through E in every subcontract,
including procurements of materials and leases of equipment,unless exempt by the regulations
or directive issued pursuant thereto. The Contractor shall take such action with respect to any
subcontract or procurement as the City or the U.S. Department of Housing and Urban
Development may direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however,that in the event the Contractor becomes involved in,or is
threatened with, litigation with a Subcontractor or supplier as a result of such direction, the
Contractor may request the City to enter such litigation to protect the City,and in addition,the
Contractor may request the U.S. Department of Housing and Urban Development to enter into
such litigation to protect the interests of the United States.
6. Section 504 of the Rehabilitation Act of 1973—29 U.S.C.794,24 CFR Parts 8 and
A. The Contractor will not discriminate against any employee or applicant for employment
because of physical or mental handicap in regard to any position for which the employee or
Exhibit "A"
applicant for employment is qualified. The Contractor agrees to take affirmative action to
employ,advance in employment and otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in all demotion or transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation,
and selection for training, including apprenticeship.
B. The Contractor agrees to comply with the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
C. In the event of the Contractor's non-compliance with the requirements of this clause,actions
for non-compliance may be taken in accordance with the rules,regulations and relevant orders
of the Secretary of Labor issued pursuant to the Act.
D. The Contractor agrees to post in conspicuous places,available to employees and applicants
for employment,notices that state the Contractor's obligation under the law to take affirmative
action to employ and advance in employment qualified handicapped employees and applicants
foremployment,and the rights of applicants and employees.E.E.O.posters are included herein
as Exhibit N to ensure notification to disabled employees.
E.The Contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contractual understanding, the that Contractor is
bound by the terms of Section 504 of the Rehabilitation Act of 1973, and is committed to take
affirmative action to employ and advance in employment physically and mentally handicapped
individuals.
F. The Contractor will include the provisions of this clause in every subcontract or purchase
order of$2,500 or more unless exempted by rules,regulations or orders of the Secretary issued
pursuant to Section 504 of the Act, so that such provisions will be binding upon each
Subcontractor with respect to any subcontract or purchase order as the Director of the Office
of Federal Contract Compliance Programs may direct to enforce such provisions, including
action for noncompliance.
7.Architectural Barriers Act of 1968—42 U.S.C.4151,et seq;24 CFR Parts 40 and41
The Contractor shall comply with the Architectural Barriers Act, which requires buildings and
facilities that are constructed by or on behalf of, or leased by the United States, or buildings
financed, in whole or in part, by a grant or loan made by the United States to be accessible to
persons with mobility impairments. The Architectural and Transportation Barriers Board
(ATBCB)has coordination authority for the ABA of 1968.
S.Age Discrimination in Employment Act of 1975—42 U.S.C.6101,et s";24 CFR Part 146
The Contractor shall comply with the Age Discrimination Act of 1975, which provides that no
person, on the basis of age shall be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving Federal financial
assistance.
Exhibit "A"
9.Americans with Disabilities Act of 1990 — E.O.11250;42 U.S.C. 12131; 24 CFR Part 35
The Contractor shall comply with the Americans with Disabilities Act of 1990, which provides
that no person,on the basis of handicap,shall be excluded from participation in,be denied the
benefits of, or be subjected to discrimination under any program or activity receiving Federal
financial assistance.
10. Energy Policy and Conservation Act—Public Law 94-163,Stat.871
The Contractor shall comply with the requirements of mandatory standards and policies relating
to energy efficiency, which are contained in the Georgia energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
11. Section 109 Title I of the Housing and Urban Development Act of 1974—42
U.S.C.5309
The Contractor shall,as provided for in Section 109,ensure that no person in the United States
shall, on the grounds of race, color, national origin, religion or sex be excluded from
participation in, be denied the benefits of,or be subjected to discrimination under any program
or activity funded in whole or in part with Federal financial assistance.
12.Section 306 Clean Air Act,Section 508 Clean Water Act and EPA Regulations-42
U.S.C.1857(h); 33 U.S.C. 1251 et seq.as amended;40 CFR Part 15
The Contractor shall comply with the requirements of the Federal Clean Air Act and the Federal
Water Pollution Control Act, as amended. Requirements for compliance with these regulations
apply to contracts, subcontracts and subgrants in amounts in excess of$100,000.
13.Section 3—24 CFR Part 135
The Contractor shall comply with the purposes of Section 3 of the Housing and Urban
Development Act of 1968(12 U.S.C. 1701u)(Section 3)and ensure that employment and other
economic opportunities generated by HUD-funded programs, to the greatest extent feasible,
and consistent with Federal,State and local laws and regulations, be directed to low-and very-
low income persons,particularly those who are recipients of government assistance for housing,
and to business concerns which provide economic opportunities to low-and very low-income
persons. Section 3 regulations apply only to Contractors (or Subcontractors) receiving CDBG
funds in excess of$100,000 to complete projects involving housing construction, rehabilitation
or other public construction projects.
14. Certification of Non-segregated Facilities—E.O. 11246;41 CFR Part 60-1.8
The Contractor certifies that it does not maintain or provide for its employees any segregated
facility at any of its establishments,and those under its control.The Contractor certifies further
that it will not maintain or provide for employment segregated facilities at any of its
establishments,and it will not permit employees to perform their services at any location under
its control where segregate facilities are maintained. The Contractor agrees that a breach of
this certification is a violation of the Equal Opportunity Clause of the contract. As used in this
certification,the term"segregated facilities"means any waiting rooms,work areas,rest rooms
Exhibit "A"
and wash rooms,restaurants and other eating areas,parking lots,drinking fountains,recreation
or entertainment areas,transportation and housing facilities provided for employees which are
segregated by explicit directive or in fad segregated on the basis of race, color, religion or
national origin because of habit, local custom or otherwise. The Contractor further agrees that
(except where it has obtained identical certifications from proposed Subcontractors for specific
time periods) it will obtain identical certification from proposed Subcontractors prior to the
award of subcontracts exceeding $10,000 which are not exempt from the provisions of the
Equal Opportunity Clause;that it will retain such certification in its files; and that it will forward
this notice to such proposed Subcontractors (except where proposed Subcontractors have
submitted identical certification for specific time periods).
15. Drug-free Workplace Requirements—41 U.S.C. 701;24 CFR Part 21.
The Contractor shall comply with the requirements of the Drug-Free Workplace Act of 1988.
The Contractor certifies to comply with the Drug-free workplace requirements in accordance
with the Act, and with U.S. Department of Housing and Urban Development regulations.
16. Minority, Women-owned, Small Business Enterprise(M/W/SBE) — 24 CFR Part
85(e)
The Contractor, and any subsequent Subcontractors, shall take affirmative steps to contract
with minority, women-owned and small businesses, and labor surplus area firms. Affirmative
steps shall include:
A.Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
B. Assuring that small and minority businesses,and women's business enterprises are solicited
whenever they are potential sources;
C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
D. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business,and women's business enterprises;
E. Using the services and assistance of the Small Business Administration, and the Minority
Business Development Agency of the Department of Commerce; and
F. Requiring the prime Contractor, if subcontracts are to be let, to take the affirmative steps
listed in this section.
17.Copyrights and Patent Rights—24 CFR Part 85.34 and Part 85.36(i)(8)
No reports, maps or other documents produced in whole or in part under this contract shall be
the subject of an application for copyright by or on behalf of the Contractor or any
Exhibit "A"
Subcontractor. The
U.S. Department of Housing and Urban Development reserves a royalty-free,nonexclusive and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
Federal government purposes(a)a copyright in any work developed under a grant,subgrant or
contract under a grant or subgrant; and (b) any rights of copyright to which a grantee,
subgrantee or Contractor purchases ownership with grant support.
18.Audits—24 CFR Part 85.26(b)(1)
Commercial Contractors (private for-profit, and private and governmental organizations)
providing goods and services to State and local governments are not required to have a single
audit performed. However, the Contractor shall maintain accounts and records, including
personnel, property and financial records, adequate to identify and account for all costs
pertaining to this contract and such other records as may be deemed necessary by the City to
assure proper accounting for all funds applicable to this contract.These records will be made
available for audit purposes to the City or any authorized representative, and will be retained
consistent with Record Retention requirements stated in Section 21.
19.Conflict of Interest—24 CFR Part 85.36 and 24 CFR Part 570.611
The Contractor shall maintain a written code or standards of conduct which shall govern the
performance of their officers, employees or agents engaged in the award and administration
of contracts supported with CDBG. No employee, officer or agent of the City shall participate
in the selection,or in the award or administration of a contract supported with CDBG if a conflict
of interest,real or apparent,would be involved.Persons covered under this section include any
person who is:
A. An employee, agent, consultant, officer or elected or appointed official of the grantee,
any
designated public agency or any subrecipient agency that is receiving CDBG funds from the
City;
1. Any member of his/her immediate family;
2. His or her partner; or
3. An organization which employs,or is about to employ,any of the above, has a financial
or other interest in the firm selected for award.
The Contractor's officers,employees or agents shall neither solicit nor accept gratuities,favors
or anything of monetary value from Contractors, potential Contractors or parties to
subagreements funded with CDBG funds. To the extent permitted by the State or local law or
regulations, such standards of conduct shall provide for the penalties, sanctions or other
disciplinary actions for violations of such standards of by the grantee's officers, employees or
agents, or Contractors or their agents.
Exhibit "A"
No persons described in A through D above who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to participate
in a decision-making process or gain inside information with regard to such activities,may obtain
a financial interest in any contract, or have a financial interest in any contract, subcontract or
agreement with respect to the CDBG-assisted activity,or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one(1)year thereafter.
20. Records Retention—24 CFR Part 85.42(a)-(d)
The Contractor shall comply with the CDBG records retention regulations. Financial, program,
supporting, statistical and other records pertinent to this contract and the grant program shall
be maintained for 4 years (24 CFR Part 570(a)(16)). However, if any litigation, claim,
negotiation,audit or other action involving the records starts before the expiration of the 4 year
period,the records must be retained until completion of the action and resolution of all issues
which arise from it, or until the end of the 4 year period, whichever is later.
21. Records Access—24 CFR Part 85.42(e)&(f)
The Contractor shall give access to all records, pertinent books, documents, papers or other
records related to this contract to the awarding agency,the Comptroller of the United States
and any of their authorized representatives in order to audit, examine,excerpt and transcribe
information as needed.
Exhibit "A"
Federal Register 2 CFR Part 200, Appendix II
Exhibit "A"
FEDERALLY MANDATED PROCUREMENT CONTRACT PROVISIONS
Appendix II to 2 CFR Part 200
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by
the non-Federal entity under the Federal award must contain provisions covering the following,as applicable.
The Contractor and all of its Subcontractors shall comply with these Federal provisions. The Contractor shall
include this document in all subcontracts and ensure it is also included in all lower-tier subcontracts of the
Subcontractor.
(A)Contracts for more than the simplified acquisition threshold currently set at $150,000,which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils)as authorized by 41 U.S.C. 1908,must address administrative,contractual,or
legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions
and penalties as appropriate,
(B)All contracts in excess of$10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41 CFR 60-1.4(b),in accordance with Executive Order 11246,"Equal
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by
Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
(D)Davis-Bacon Act, as amended (40 U.S.C.3141-3148).When required by Federal program legislation,
all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision
for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by
Department of Labor regulations(29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction'.In accordance with the statute,contractors must be required
to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not
less than once a week.The
non-Federal entity must place a copy of the current prevailing wage determination issued by the Department
of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations
to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland
"Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States'. The Act provides that each contractor or subrecipient must be prohibited
from inducing, by any means,any person employed in the construction, completion, or repair of public work,
to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must
report all suspected or reported violations to the Federal awarding agency.
(E)Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable,all contracts
awarded by the non-Federai entity in excess of $100,000 that involve the employment of mechanics or
laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be
required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40
Exhibit "A"
hours. Work in excess of the standard work week is permissible provided that the worker is compensated at
a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week.The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary,hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
(F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition
of"funding agreement'under 37 CFR§401.2 (a)and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental,or research work under that"funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts
and Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
(G)Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain
a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency(EPA).
(H)Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award(see 2 CFR
180.220)must not be made to parties listed on the government-wide exclusions in the System for Award
Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp., p. 235),"Debarment and
Suspension."SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
(I)Byrd Anti-Lobbying Amendment(31 U.S.C. 1352}—Contractors that apply or bid for an award
exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier, up to the non-Federal award.
(J)See §200.322 Procurement of recovered materials.
[78 FR 78608, Dec. 26, 2013,as amended at 79 FR 75888, Dec. 19, 2014]