R-2024-330 - 12/5/2024 RESOLUTION NO.R-2024-330
WHEREAS, the City of Round Rock ("City") has duly sought proposals for the purchase of
certain goods and services, specifically playground equipment and demolition and installation services
at Bowman Park through the CDBG Program; and
WHEREAS, Fun Abounds, Inc. has submitted the proposal determined to provide the best
value to the City considering the price and other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council desires to enter into an agreement with Fun Abounds, Inc. for
playground equipment and demolition and installation services at Bowman Park through the CDBG
Program, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for the CDBG Bowman Park Playground Project with Fun Abounds, Inc., a copy of same
being attached hereto as Exhibit"A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551,Texas Government Code, as amended.
RESOLVED this 5th day of December, 2024.
CRAIG ORG Mayor
City of ound k, Texas
!AJJL-
ATT T:
ANK FRANKLIN, City Clerk
0112.20242;4887-1388-8253
EXHIBIT
„A„
CITY OF ROUND ROCK AGREEMENT FOR
THE CDBG BOWMAN PARK PLAYGROUND PROJECT
WITH
FUN ABOUNDS,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 Bowman Park Playground Project through the
Community Development Block Grant (CDBG) Program (referred to herein as the
"Agreement"), is made and entered into on this the day of the month of
' 2024 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 FUN ABOUNDS, INC., whose offices are located at
114 Venice Street, Sugar Land, Texas 77478 (referred to herein as"Services Provider").
RECITALS:
WHEREAS, City desires to purchase certain goods and services, specifically playground
equipment and demolition and installation services at Bowman Park through the CDBG
Program; and
WHEREAS, City has issued a "Request for Proposal" for the provisions of said services;
and
WHEREAS, City has determined that the Proposal submitted by Services Provider
provides the best value to 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:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City agrees to buy specified goods and services and Services Provider is obligated to
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sell same. The Agreement includes the Request for Proposal ("RFP"), Solicitation No. 24-032)
dated May 2024 and the Services Provider's Proposal, attached as Exhibit "A" hereto, 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 Services Provider
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 playground work as
described in Exhibit"A."
C. City reserves the right to review the relationship with Services Provider 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. 1) this Agreement; 2) the RFP; and 3) the
Service Provider's Proposal; and 4)any additional exhibits described herein and attached hereto.
4.01 SCOPE OF WORK
Services Provider shall satisfactorily provide all goods and complete all services
described in Exhibit "A." This Agreement shall evidence the entire understanding and
agreement between the parties and shall supersede any prior proposals, correspondence or
discussions.
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Services Provider 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 Services Provider One Hundred Fifty-Five Thousand Six Hundred Twenty-
Three and No/100 Dollars($155,623.00) 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 Services Provider;
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 affect such termination by
giving Services Provider 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
Services Provider 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 later. Services Provider 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 Services Provider, a contractor,
subcontractor or supplier about the goods delivered or the service performed that
cause the payment to be late; or
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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 Services Provider 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 Services Provider, cancel this Agreement without liability
to Services Provider if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider 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 Services Provider's charges.
11.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider 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:
Katie Baker
PARD Development Manager
301 W. Bagdad Avenue, Suite 250
Round Rock, Texas 78664
(512)341-3355
kbakerna rMndrocktexas.g_ov
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Elizabeth Alvarado
CDBG Coordinator
221 East Main Street
Round Rock, Texas 78664
(512)341-3328
ealvaradoa,roundrocktexas.gov
13.01 INSURANCE
Services Provider 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.gov/W-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
party'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 Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing the specified goods elsewhere, Services Provider 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.
Services Provider 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 Services
Provider.
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B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten(10)days' written notice to Services Provider.
C. Services Provider 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 Services Provider,
Services Provider 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, Services Provider 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 Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider 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
Services Provider 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
Services Provider, or Services Provider's agents, employees or subcontractors, in the
performance of Services Provider'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
Services Provider (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. Services
Provider acknowledges and agrees that this is a federally assisted project, and as such, Services
Provider shall comply with all such requirements. 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. Services Provider, 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.
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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
boycott Israel during the term of the contract. The signatory executing this Agreement on behalf
of Services Provider verifies that Services Provider does not boycott Israel and will not boycott
Israel during the term of this Agreement.
C. In accordance with Chapter 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 Services Provider verifies Services Provider 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 Chapter 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 Services Provider verifies Services Provider 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.
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Notice to Services Provider:
Fun Abounds, Inc.
114 Venice Street
Sugar Land, Texas 77478
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 Services Provider.
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
Services Provider 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 Services Provider 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
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being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider 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 Services
Provider'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 Services Provider 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.
[Signatures on the following page.]
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Rock,Texas Fun Abounds,Inc.
BY: By: �Qw PO4(oAq
Printed Name: Printed Name: Me, M Eo-ig
Title: Title: ()j2e*Q#-t 6'h S �r ,-
Date Signed: Date Signed: IOT�y
Attest:
By:
Ann Franklin,City Clerk
For City,Approved as to Form:
By:
Stephanie L.Sandre,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.gov
REQUEST FOR PROPOSAL (RFP)
Community Development Block Grant (CDBG)
Bowman Park Playground
SOLICITATION NUMBER 24-032
MAY 2024
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
Community Development Block Grant(CDBG)Bowman Park Playground
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
playground equipment at the City of Round Rock's Bowman Park(referred to as"Project"), as identified in the
Request for Proposals(RFP).
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.
The estimated budget for this project is: $150,000.00.
2. SOLICITATION PACKET: This solicitation packet is comprised of the following:
Description Index
Part I —General Requirements Page(s) 2-5
Part II —Definitions, Standard Terms and Conditions,
and Insurance Requirements Page 6
Part III —Supplemental Terms and Conditions Page(s) 7-9
Part IV—Scope of Work Page(s) 10- 14
Part V—Proposal Preparation Instructions and Evaluation Factors Page(s) 15-17
Part VI— Proposal Submittal Form Page 18
Attachment A—Reference Sheet Separate Attachment
Attachment B—Subcontractor Information Form Separate Attachment
Attachment C—Site Layout and Dimensions Separate Attachment
Attachment D—CDBG Bidder Instructions Separate Attachment
Attachment E—System for Award Management Registration Separate Attachment
Attachment F—Certification Regarding Debarment and Suspension Separate Attachment
Attachment G—W-9 Form 2023 Separate Attachment
Attachment H—Conflict of Interest Affidavit and Information Separate Attachment
Attachment I—HUD Certification of Bidder Regarding Equal Employment Separate Attachment
Opportunity
Page 2 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
Attachment J—Certification Designating Officer or Employee to Separate Attachment
Supervise Payment
Attachment K—Certification Regarding Clean Air and Water Separate Attachment
Attachment L—Certification Regarding Non-Lobbying Activities Separate Attachment
Attachment M—Non-Collusion Affidavit for Prime Bidder/Subcontractor Separate Attachment
Attachment N—MBE/WBE Information and Worksheet Separate Attachment
Attachment O—Section 3 Information and Certification Separate Attachment
Attachment P—DBLS Guide and Prevailing Wage Documentation Separate Attachment
Attachment Q—Federal Labor Standards Provisions Separate Attachment
Attachment R—Federal Contract Provisions Separate Attachment
Attachment S—Federal Register 2 CFR 200, Appendix II Separate Attachment
Attachment T—Wage Rates Separate Attachment
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released May 10, 2024
Optional Pre-Proposal meeting May 22, 2024 @ 10:OOAM, CST
Deadline for submission of questions June 12, 2024 @ 5:00 PM, CST
City responses to questions or addendums Approximately June 14, 2024 @ 5:00 PM,
CST
Deadline for submission of responses June 27, 2024 @ 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:
hftps://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://roundrocktexas.bonfirehub.com
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. OPTIONAL PRE-PROPOSAL MEETING, SITE VISIT, AND/OR INSPECTION: OPTIONAL SITE VISIT AND
INSPECTION: A site visit and inspection will be conducted to fully acquaint Respondents with the facilities,
difficulties and/or restrictions inherent in the services specified. site visit will be conducted on the date
specified in PART I, Section 3- Schedule of Events.
Page 3 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
A. Attendance at the site visit is optional. Respondents shall sign-in at the pre-proposal meeting to
document their attendance. The site visit tour will enable Respondents to assess conditions, take
pictures and ask questions. The site visit shall be held at.-
Bowman
t:Bowman Park
950 E. Bowman Rd.
Round Rock, Texas 78664
B. Respondents will be responsible for their own transportation for the site visit tour.
C. Respondents are strongly encouraged to bring a copy of the solicitation document with them to the pre-
proposal meeting/site visit.
D. It is the responsibility of the Respondent to examine each facility and determine quantity, amounts, take
precise measurements, determine material requirements, equipment requirements, labor requirements
and other solicitation related details during said site visits.
6. 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: https:Hroundrocktexas.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.
7. 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
8. 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.
9. 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 protesteroundrocktexas.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
Page 4 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
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:
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 5 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
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:
https://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.
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/purchasinq/
Page 6 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty(60)
months.
B. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions of
this agreement for such a period as is reasonably necessary to re-solicit and/or complete the project up to
120 days.
2. PERFORMANCE BOND sr. LABOR sr. MATERIAL PAYMENT Q04D
A. C;E)RtFaGtOF Shall post with Gity, withiR f ve (5) days ef City's awaFd Of GGRtFaGt, a PeFfGFMaRGe BeRd R the
0
SFRv$Sn-the z Oho�+eof Texas and I'reRSed+..c s rh beRd in the 6tate
T
B. (;0RtFaGt0F Shall POSt With G ty, With R five (5) days Gf QWReF'6 award Gf GentraGt, a PaymeRt BGRd iR the
0
by QWRer. This _hQAd_ sh-all -he eXeGuted by a GGFparate suFety GOMpany duly author zed- and ACIPAitte.
NGA 00 Dollar6 ($190,900.09), then the 6urety on 6UGh bGRd must a!6&
I HG!d a GeFt'fiGate of authoFity from the United States Serretapy ef the Trea6uFy te qualify as a suFe4y
i. Have obtalRed reinsuFaRGe fE)F aRy liability iR eXGes6 ef$100,99940 fFem a re*n6uFeF that
author zed and adm tted as a FeiRsuFer iR Texa6 and 6 the holder Of a Gert fiGate of authority from the
GeFt fiGates of authority as acceptable sureties OR federal bonds and a6 aGGeptable rei
pub!6hed in the Federal Regi6ter by the 1.1pited- States Department of the TreaGUFY GOvering the date eR
Feque6ted and, if app!Gable, that re'n6ura.,-- ,equi.eme-ts#ave been met, qRG!ud Rg 1 m ts and ratings or
3. 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 providing design, manufacture,
and installation of playground equipment 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.
Page 7 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
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.
4. 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.
S. LIQUIDATED DAMAGES: Contractor shall pay liquidated damages in the amount of Two Hundred Fifty and
No/100 Dollars ($250.00) per day for each day beyond the date established that the Contractor fails to
achieve substantial completion, and for which City is unable to utilize the improvements and facilities due to
the failure of the Contractor to have achieved substantial completion in accordance with the Agreement.
6. 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 P—DBLS Guide and Prevailing Wage
Documentation 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 in Attachment P
—DBLS Guide and Prevailing Wage Documentation 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
7. RETAINAGE: The City shall withhold retainage pursuant to Section 2252.032 of the Texas Government Code
8. 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.
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.
9. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner.
Page 8 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
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.
10. 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.
12. 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.
13. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
14. 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.
15. 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
https://roundrocktexas.bonfirehub.com once City Council has approved the recommendation of award and the
agreement has been executed.
16. 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.
B. The City's designated representative: The City's designated representative shall be:
Katie Baker
Manager—Parks Development
Parks and Recreation Department
Phone: +1 (512) 341-3355
E-mail: kbaker(Droundrocktexas.gov
C. Do not contact the individual listed above with questions or comments during the course of the
solicitation.
Page 9 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
PART IV
SCOPE OF WORK
1. OVERVIEW: This scope of work describes a service to provide the City with Playground Equipment as
specified. Services shall include, but not limited to the design, manufacturing, and installation of playground
equipment at the specified time and location. Playground equipment shall meet or exceed all requirements
as specified herein. Additionally, services shall include demolition and haul off of existing playground
equipment.
2. SUMMARY OF WORK: The Project shall include, but not be limited to the following:
A. Design of playground equipment to meet the intent of the Project as a fully accessible park to meet the
developmental and recreational needs of children of all abilities. Contractor shall be required to state
the number of ground, elevated, etc. elements on the units designed and/or proposed.
B. Contractor shall modify and/or revise the submitted design as determined by the City of Round Rock
representatives.
C. Manufacturing of playground equipment approved by the City and delivered to the site in the timeframe
specified.
D. Installation of playground equipment at the site and timeframe specified. Contractor shall be
responsible for all means, methods and materials required to provide the installation of the playground
equipment, as well as demolition and removal of existing playground equipment.
3. LOCATION REQUIREMENTS:
A. Services shall be performed at the following location:
Bowman Park
950 E. Bowman Rd.
Round Rock, Texas 78664
B. The Contractor, at their own expense, keep the streets and roads free from dust, mud, excess earth or
debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of
adjacent properties.
C. The Contractor shall take care to prevent spillage on streets and roads over which hauling is done, and
any such spillage or debris deposited on streets, due to the Contractor's operations, shall be
immediately removed.
D. During construction, the Contractor shall keep the site free and clean from all rubbish and debris and
shall clean-up the site promptly when notified to do so by the City.
E. The Contractor shall coordinate with the City's representative any and all access or use of the Site prior
to commencement of the Contract.
F. The Contractor shall coordinate with the City's representative on the placement of the delivered
playground equipment and specified locations for installation of playground equipment.
G. The Contractor shall only use the area within their specifications of this contract.
H. The Contractor shall not use any City owned equipment for use in its operation.
I. The Contractor shall take all necessary precautions to preserve all existing trees, plants and shrubs but
where it is justifiable and necessary the Contractor may remove trees and plants for construction right-
of-way but only with approval of the City's representative.
J. The Contractor shall be responsible for the protection, reference and resetting of property corner
monuments if disturbed.
K. The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such
as rock, trees, brush and other unwanted backfill materials.
Page 10 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
L. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the
Contractor, and in case of destruction or removal during the course of this project, such stakes, marks,
property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense.
4. GENERAL PLAYGROUND DESIGN AND THEMING: The playground equipment shall be designed to
meet the intent of the Project to meet the developmental and recreational needs of children of all abilities.
All sizes and elements listed below are suggested elements/sizes and general in nature.
A. Size- Site layout and dimensions can be found in Attachment F—Measurement Drawing.
B. Design Obiective-a multi-use play area where children can interact/play that offers a range of
developmental and recreational elements, including but not limited to: swings, slides, pretend play
elements, tubes, motion play elements, climbing elements, overhead/upper-body elements, bridges,
and activity panels/elements. Shade elements are preferred, but not required.
C. Target Design Ages- Design shall include play features for ages 2-5 and 5-12 with appropriate signage.
5. PLAYGROUND EQUIPMENT REQUIREMENTS AND SPECIFICATIONS:All playground equipment shall
be designed, manufactured, and installed to meet or exceed the most current rules, regulations and
standards set forth by the following: American Society for Testing and Materials(ASTM), American with
Disabilities Act(ADA), Consumer Product Safety Commission (CPSC), and International Play Equipment
Manufacturers Association (IPEMA).
A. Material-All materials shall be structurally sound and suitable for safe play. Durability shall be ensured
on all steel parts by the use of time-tested coatings such as zinc plating, galvanizing, powder coat finish
or otherwise treated to prevent rust in the playground or similar outdoor setting. All materials shall meet
or exceed specifications below.
B. Fasteners/Hardware- Primary fasteners shall be socketed and pinned tamperproof in design, stainless
steel (SST) per ASTM F 879, yellow zinc di-chromate plated steel or otherwise specified. All primary
fasteners shall include a locking type material that prevents slippage, is tamper-resistant, and will meet
the minimum torque requirements of IFI-125. These may include lock nuts, nylon thread-locking patch,
liquid thread-lock or otherwise specified. Manufacturer to provide all special tools needed for fasteners.
C. Clamps- Clamps shall be die cast of high strength aluminum alloy. Tenzalloy is not acceptable as a
load bearing clamp material. Die casting operation shall be quality sampled every hour. Clamps shall
be provided as hinged assemblies to facilitate structure assembly. Clamp design shall eliminate all
string entanglement points at connection. Single bolt-fastening system with built-in threads to eliminate
t-nuts, if possible, and simplify installation. Clamps are to be permanently fastened to the support post
with a drive rivet to ensure a secure fit, eliminate disassembly and slippage. Clamps shall be finished
with a shot blast and a polyester powder coating. ASTM Specifications: B-85. Clamping devices that
use a "bolt though" design are not acceptable.
i. All clamps shall have the following mechanical properties:
• Ultimate Tensile: 47,000 PSI
•Yield Strength: 28,000 PSI
• Elongation: 7% in 2 inches
• Shear Strength: 29,000 PSI
• Endurance Limit: 20,000 PS
D. Steel Tubing(Posts)-Tubing shall be cold rolled, electric resistance welded tubing with a 5" outside
diameter x .120"wall thickness. Both the inside diameter and cut ends of tubing shall be sprayed with a
corrosion resistant coating. ASTM Specifications: A-135, A-500, A-513, E-8.
i. Steel Post Mechanical Properties:
•Tensile Strength (min): 55,000 PSI
•Yield Strength (min): 50,000 PSI
• Elongation: 25% in 2 inches
• Modulus of Elasticity: 29.5 x 106 PS
Page 11 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
E. Aluminum Tubinq(Posts) - Shall be extruded 6061-T6 or 6005-T5 extruded seamless aluminum tubing
with a 5"outside diameter(posts) x .125"wall thickness. ASTM Specifications: A-315, A-500, A-513, 8-
221, QQ-A-200/8, E-8.
i. Aluminum Post Mechanical Properties:
•Yield Strength (min): 35,000 PSI
•Tensile Strength (min): 38,000 PSI
• % Elongation in 2 inches: 10
• Modulus of Elasticity: 10 x 106 PSI
F. Arch Posts-Aluminum arch posts shall be manufactured from 6061-T6 or 6005-T5 alloy with a 5"
outside diameter x .125'wall thickness. The arch shall be of one continuous piece construction. There
shall be no welds or additional pieces mechanically fastened to manufacture the arch.
G. Decks-All decks shall be of modular design and have 5/16" diameter holes on the standing surface.
There shall be a minimum of(4) slots in each face to accommodate face mounting of components.
Decks shall be manufactured from a single piece of low carbon 12 GA(.105') sheet steel conforming to
ASTM specification A-569. The sheet shall be perforated with a return flange on the perimeter to
provide the reinforcement necessary to ensure structural integrity. There shall be no unsupported area
larger than 3.5 square feet .The unit shall then be coated. Decks shall be designed so that all sides are
flush with the outside edge of the supporting posts.
H. Deck and/or Chain Coatings-Metal components such as decks and chains shall be coated. They shall
be thoroughly cleaned in a hot phosphatizing pressure washer, then primed with a water-based
thermosetting solution. Primed parts shall be preheated prior to dipping in UV stabilized, liquid polyvinyl
chloride (PVC), then salt cured at approximately 400 degrees. The finished coating shall be
approximately .080"thick at an 85 durometer with a minimum tensile strength of 1700 psi and a
minimum tear strength of 250 lbs/inch. PVC-free and phthalate-free coatings are also acceptable if the
product meets or exceeds similar technical specifications. Deck coatings shall be durable (UV stability
and impact resistance) and slip-resistant. The minimum coefficient of friction (per ASTM 1679)for deck
coatings shall be 0.50 to meet minimum ADA slip resistant standards.
I. Polyester(TGIC) Powder Coat Finish- Powder coating shall be electrostatically applied. All
components shall be free of excess weld and weld spalls. After fabrication all weld joints are to
thoroughly cleaned using a chipping hammer and wire brush to remove all weld slag from weld joint.
Prior to finishing, components shall be cleaned with a minimum three-stage alkaline bath and a ECLPS
2400 sealer for adhesion and rust inhibitor during the preparation process. Components are thoroughly
dried before being coated with polyester powder and are cured at temperatures between 375° and 400°
F. Parts are then thoroughly dried, preheated and processed through a set of automatic powder spray
guns where a minimum .002"of epoxy primer is applied.A minimum .004" of architectural-grade Super-
Durable polyester TGIC powder is applied. The average finish film thickness is .006". Epoxy or hybrid
paints are not acceptable.
i. All powder coat finishes shall be formulated and tested per the following ASTM standards. Each
color must meet or exceed the ratings listed below:
• Hardness (D3363) rating 2H
• Flexibility(D522) pass 1/8" mandrel
• Impact(D2794) rating minimum 80 inch-pounds
• Salt Fog Resistance (13117 and D1654)4,000 hours and rating 6 or greater
• UV Exposure(G154, 340 bulb) 3,000 hours, rating delta E of 2, and 90 percent gloss retention
•Adhesion (D3359, Method B) rating 5B
J. Rotationally Molded Plastic Parts—These parts shall be rotationally molded from color-compounded,
first quality, linear low density polyethylene. Dry-blended or molded-in resins are not acceptable.
Polyethylene shall be ultraviolet (UV) stabilized to UV-8 and have anti-static additives. Cross-sectional
design shall be a minimum .25" (6 mm) nominal thickness, double wall construction. ASTM
Specifications: D-1238 (Melt Index), D-1505 (Material Density), D-638 (Tensile Strength), D-648 (Heat
Page 12 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
Distortion Temperature) D-790 (Flexural Modulus), D-1693 (Environmental Stress Crack Resistance),
D-2565 (Ultraviolet).
K. Sheet Plastic/Polyethylene Parts-These parts shall be manufactured from 3/4" high-density
polyethylene that has been specially formulated for optimum UV stability and color retention. Products
shall meet or exceed density of.933 G/cc per ASTM D1505, tensile strength of 2400 PSI per ASTM
D638. After machining process, all edges shall be free of burrs and/or sharp edges and points.
L. Installation Instructions—All shipments shall include a notebook or packet of order-specific, step-by-
step instructions for assembly of each component, including equipment assembly drawings, footing
dimensions, concrete quantity for direct bury components, fall height information, area required
information and detailed material specifications.
M. Maintenance Kit—An order-specific maintenance kit shall be provided for each structure order. The kit
shall include a second set of installation instructions, order-specific maintenance documentation and
recommendations such as how often to inspect, what to look for and what to do to keep the equipment
in "like-new" condition. The kit shall also include touch-up primer, order-specific touch-up paint for each
color used, appropriate deck coating touch-up, graffiti remover and additional installation tools for
tamper-proof or special fasteners.
6. MATERIALS AND WORKMANSHIP: No material which has been used by the Contractor for any
temporary purpose whatsoever is to be incorporated in the permanent structure without the written consent
of the City. Where materials or equipment are specified by a trade or brand name, it is not the intention of
the City to discriminate against an equal product of another manufacturer, but rather to set a definite
standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the
words"equivalent", "proper" or"equal to"are used, they shall be understood to mean that the item referred
to shall be"proper", the"equivalent"of, or"equal to" some other item, in the opinion or judgment of the
Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in
all cases fully equal to approved samples. Notwithstanding that the words"or equal to" or other such
expressions may be used in the specifications in connection with a material, manufactured article or
process, the material, article or process specifically designated shall be used, unless a substitute is
approved in writing by the Owner or Engineer, and the Owner or Engineer will have the right to require the
use of such specifically designated material, article or process.
7. CITY RESPONSIBILITIES: The City will-
A. Coordinate with the Contractor to schedule delivery times in relationship to other works performed by
the City's separate contractor.
B. Provide electrical outlets used to complete tasks.
the PFGjeGt.
D. Provide at CDBG appropriate signage at the site.
E. Review the proposed entrance and exit from the site.
F. Provide permits for structures.
8. CONTRACTOR RESPONSIBILITIES: The Contractor shall-
A. Be responsible for the design and manufacturing of the playground equipment per the Specifications
herein and delivered to the project site within the specified timeframe.
B. Be responsible for coordinating with the City's project administrator to establish best work schedule,
discuss any changes and/or delays with the project completion.
C. Provide all labor, materials, and equipment necessary to perform the service.
D. Be responsible for the installation of the playground equipment and all associated means, methods and
materials necessary to perform the installation including hauling off spoils.
E. Be responsible for coordinating with the City of inspection points of work performed.
F. Clear the work site of all debris and trash accumulated or created as a result of the Contractor's work.
Page 13 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
G. Be responsible for performing the work within the timeframe identified in the Respondent's proposal.
9. EXAMINATION OF WORK: The work covered under this Contract shall be examined and reviewed by
representatives of all governmental entities which have jurisdiction, and the City's authorized
representative. The quality of material delivered to the project location shall be to the satisfaction of the
City. It shall be the Contractor's responsibility for the construction methods and safety precautions in the
undertaking of this Contract.
10. NOTIFICATION: The Engineer and City must be notified a minimum of 24-hours in advance of beginning
construction, testing, or requiring presence of the Engineer, project representative, or City's representative.
11. TRADE NAMES: Except as specified otherwise, wherever in the specifications an article or class of
material is designated by a trade name or by the name or catalog number of any maker, patentee,
manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles
described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be
determined and judged by the Owner or Engineer in his sole discretion
Page 14 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
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:Hroundrocktxvendors.munisselfservice.comNendors/default.aspx
Proposal Submittal Instructions: The Respondent shall include all of the following documents in their
response-
❑ PART VI Proposal Submittal Form
❑ Attachment A- Reference Sheet
❑ Attachment B- Subcontractor Form (if applicable)
❑ Acknowledged Addenda (if applicable)
❑ Segment requirements listed below.
❑ A statement of your compliance with all applicable rules and regulations of Federal, State and Local
governing entities.
❑ A written guarantee from manufacturer of the proposed product against all defects in material and/or
workmanship.
❑ MSDS and Product Data Sheets, and proof that the proposed product meets or exceeds the
specifications contained in this proposal.
❑ All federally required documents listed in Attachment D—CDBG Instructions.
❑ The City will except up to two (2) options for this RFP from each respondent. Separate segment 1 and 3
files should be uploaded into Bonfire for each option. Each option must be clearly labelled.
❑ 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.
3. EVALUATION CRITERIA:
A. Segment 1 —Respondent's Playground Design, Equipment, Installation, &Timeline
i. Playground Design Concept: Present your vision of the playground design in detail. Present the final
design in 3D with multiple angles and overhead CAD drawings.
ii. Playground Equipment, Installation and Timeline: Describe in detail all the pieces of playground
equipment. Describe your plan for removal of the existing playground equipment and installation plan
for the new playground equipment and. 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:
1) A description of each piece of playground equipment. Detail the age groups and activities
each of piece of equipment and why it is a good fit for this park.
2) The technical details for each piece of playground equipment. Include any relevant details on
the manufacturing process. Indicate specifications noted in the Scope of Work.
3) Provide a timeline for the design, manufacture, removal of the existing playground
equipment, and installation of the new playground equipment for this project. Indicate
possible hurdles and delays.
4) The points at which written, deliverable reports will be provided.
5) The amount of progress payments you are requesting upon successful completion of
milestones or tasks, deducting ten percent (10%), which will be paid upon final acceptance by
the City.
Page 15 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
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 key personnel (project managers,
designers, etc.)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.
E. 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. Describe the following costs:
i. Design and layout of the playground.
ii. Additional design requests made by the City.
iii. Design and manufacturing of all playground equipment included in the design.
iv. Delivery of playground equipment.
v. Installation of the playground equipment.
vi. Removal and disposal of existing playground equipment.
vii. Manpower. Itemize to show the applicable category of personnel with separate hourly rate.
viii. Total (not to exceed) Cost.
4. EVALUATION SCORING: 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 Citv.
A. Evaluation Criteria: Weights:
• Playground Design, Equipment, Installation &Timeline(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.
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.
Page 16 of 18
Exhibit "A"
City of Round Rock
Community Development Block Grant(CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
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. The method to provide a smooth and orderly transition of services performed from the current Contractor.
B. Provide City contact(s) information for implementation of the Agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
Page 17 of 18
City of Round Rock
Community Development Block Grant (CDBG) Bowman Park Playground
RFP No. 24-032
Commodity Code: 650-00/650-38/988-73
May 2024
PART VI
PROPOSAL SUBMITTAL FORM
NOTE: RESPONDENTS SHALL COMPLETE, SIGN,AND UPLOAD THIS ATTACHMENT WITH THEIR
SUBMITTAL IN BONFIRE. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF THE
SUBMITTAL.
By signature hereon,the Respondent certifies that:
All statements, pricing and information prepared and submitted to the City's Bonfire portal in response to this
solicitation are current, complete, and accurate.
He/she has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity,
future employment, gift, loan gratuity, special discount, trip, favor, or service to a City employee, evaluator, or
evaluating entity in connection with the submitted response. Signing the Execution of Solicitation Submittal
Form with a false statement shall void the submitted offer or any resulting contracts.
Respondent represents and warrants that the individual signing this Execution of Solicitation Submittal Form
is authorized to sign this document, represent the Respondent and to bind the Respondent under any
contract resulting from this submittal.
RESPONDENT(COMPANY): fun abounds, Inc.
SIGNATURE (INK/DIGITAL): Cvz�- ��rL
NAME (TYPED/PRINTED): Ellie Mason
TITLE: Office Manager DATE: 06/20/24
STREET: 114 Venice Street
CITY/STATE/ZIP: Sugar Land, TX 77478
TELEPHONE& FAX NO.: 512-636-8260 281-265-0043
E-MAIL ADDRESS: mike@fabplaygrounds.com
FEDERAL TAX IDENTIFICATION NUMBER(FIN): -
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. In addition, the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract, and can be obtained from the City's
website at: https://www.roundrocktexas.gov/city-businesses/solicitations/
Page 18 of 18
Exhibit "A"
Estimate
fun abounds, inc. Date Estimate#
114 Venice
/ SM Sugar Land, TX. 77478 6/19/2024 11273
855-226-8637 phone
6%Ayid3
281-265-0043 Fax Mike Giehl, VP of Sates
clb 'pl°ygr°''nd,,,z,,,u„, Leigh Walden, President Austin, San Antonio and
filled with fwn” surrounding lwalden@fabplaygrounds.com g areas
www.fabplaygrounds.com mike@fabptaygrounds.com
512-636-8260
We are pleased to provide this estimate for Ship to:
City of Round Rock Bowman Park
Attn:Purchasing Division 950 E.Bowman Rd.
221 East Main Street Round Rock,TX 78664
Round Rock.TX 78664-5299 RFP No.24-032
Option 1
Rep Terms Project
MG Due upon compl... Bowman Park
Item Description Qty Rate Total
Playground Equipment
Burke BCI Burke Custom Playground;see drawing 1 127,326.00 127,326.00
125-186452-2
580-1026 FS-Novo Sign,Age 5-12 1 626.00 626.00
580-1025 FS-Novo Sign,Age 2-5 1 626.00 626.00
BCIMAINT BCI Burke Maintenance Kit-FREE 1 0.00 0.00
Discount Discount -33,479.00 -33,479.00
Installation Installation of Playground Equipment 1 34,050.00 34,050.00
Freight Freight 5,275.00 5,275.00
Subtotal of Playground Equipment 134,424.00
Playground Surfacing
EWF-Material... EWF-Material Only 160 28.50 4,560.00
EWF-Freight Freight(Truck Load 85 yds) 2 984.50 1,969.00
EWF-Installati... Installation only of EWE and Geotextile;includes 160 37.00 5,920.00
compaction in 6"lifts
Subtotal of Playground Surfacing 12,449.00
Construction Work
Demo Demo of existing equipment and removal of 7.000.00 7,000.00
existing EWE;includes disposal
an 7 you ora owmg us to submit this proposal.
Subtotal
PLEASE NOTE: Order will be placed upon receipt of signed quote or Sales Taxa
purchase order,color selections,and down payment.
Thank you! We appreciate the opportunity to earn your business!
Total
------------------------------------
City of Houston WBE
Signature
(Women's Business Enterprise)
i Certificate#20-2-11596 1 We are proud of a job well done and may spotlight your project on
--------------------------------------- our social media If we do not have your permission to do so, please
notify us. Thank you!
Pagel
Exhibit "A"
Estimate
fun abounds, inc.
Date Estimate#
114 Venice
sM Sugar Land, TX. 77478 F6/19/2024 11273
6%AhdS 855-226-8637 phone
ar. 281-265-0043 Fax Mike Giehl, VP of Sales
- _---_ "e,,ngp"roundmemorles Leigh Walden, President Austin, San Antonio and
Red ed with fun"
lwaldenCfabplaygrounds.com surrounding areas
www.fabplaygrounds.com mikeCfabplaygrounds.com
512-636-8260
We are pleased to provide this estimate for Ship to:
City of Round Rock Bowman Park950 E.Bowman Rd.
Att221 Purchasing Division Round Rock,TX 78664
221 East Main Street RFP No.24-032
Round Rock,TX 78664-5299
Option 1
Rep Terms Project
MG Due upon compl... Bowman Park
Item Description Qty Rate Total
Landscaping Repairs of torn up grass and fill with sand,leveling 1,750.00 1,750.00
of any tire ruts
Subtotal of Construction Work 8,750.00
Note ***Addendums Acknowledged*** 0.00 0.00
Note ****Certified Payroll Included**** 0.00 0.00
Labor Rates-see below:
Project Manager-$28/hr
Foreman-$24.50/hr
General Laborers-$l8/hr
Note Pricing is for the above listed equipment only,and 0.00 0.00
does not include additional insured addendum.
additional insurance,storage,security,or any
applicable taxes,bonds,additional insurance or
permits.Orders canceled after 5 days will be
subject to a restocking fee and freight charges as
applicable.Price valid for 30 days.
an you fora owing us to submit tis proposal.
Subtotal
PLEASE NOTE: Order will be placed upon receipt of signed quote or Sales Tax.,
purchase order,color selections,and down payment.
Thank you! We appreciate the opportunity to earn your business!
Total
`
City of Houston WIRE
Signature
(Women's Business Enterprise)
iCertificate#20-2-11596 i We are proud of a job well done and may spotlight your project on
--------------------------------------- our social media If we do not have your permission to do so, please
notify us. Thank youl
Page 2
Exhibit "A"
Estimate
fun abounds, inc. Date Estimate#
114 Venice
nSugar Land, TX. 77478 6/19/2024 11273/ 5M 9
0 855-226-8637 phone
281-265-0043 Fax Mike Giehl, VP of Sales
� —
Red Leigh Walden, President Austin, San Antonio and
� ✓' ..feed with f���
IwaldenC surrounding g ureas
www.fabplaygrounds.com mikeCfabplaygrounds.com
512-636-8260
We are pleased to provide this estimate for Ship to:
City of Round Rock Bowman Park
Attn:Purchasing Division 950 E.Bowman Rd.
221 East Main Street Round Rock,TX 78664
Round Rock.TX 78664-5299 RFP No.24-032
Option l
Rep Terms Project
MG Due upon compl... Bowman Park
Item Description Qty Rate Total
Force Majeure No Party to this Agreement shall be responsible for 0.00 0.00
any delays or failure to perform any obligation
under this Agreement due to acts of God,
outbreaks,epidemic/pandemic or the spreading of
disease,contagion,strikes,or other disturbances,
including,without limitation,war,insurrection,
embargoes,governmental restrictions,acts of
governments or governmental authorities,and any
other cause beyond the control of such party.
During an event of force majeure,the Parties'duty
to perform obligations shall be re-assessed.
Rock Clause In the event,we run into excessive rock,we will 0.00 0.00
partner with you as to how to best handle the
situation. There may be an additional charge.
Nondisclosed u... We make every effort to ensure that we are 0.00 0.00
working in areas free of utilities.In the event an
object is disturbed or damaged and the client has
failed to make us aware of their utilities it will be
the Client's responsibility.
an you
allowing us to submit tis proposal.
Subtotal
PLEASE NOTE: Order will be placed upon receipt of signed quote or Sales Taxa
purchase order,color selections,and down payment.
Thank you! We appreciate the opportunity to earn your business!
Total
-----------------------------------------
City of Houston WBE
Signature
(Women's Business Enterprise)
iCertificate#20-2-11596 i We are proud of a job well done and may spotlight your project on
our social media If we do not have your permission to do so, please
notify us. Thank you!
Page 3
Exhibit "A"
Estimate
fun abounds, inc. Date Estimate#
114 Venice
n /
SM Sugar Land, TX. 77478 6/19/2024 11273
I O�Y1d3 855-226-8637 phone
�- 281-265-0043 Fax Mike Giehl, VP of Sales
°'"RplaygrowdedwithN. "z' ° Leigh Walden, President
Austin, San Antonio and
Red with fin"
IwaldenCfabplaygrounds.com surrounding areas
www.fabplaygrounds.com mike@fabplaygrounds.com
512-636-8260
We are pleased to provide this estimate for Ship to:
City of Round Rock Bowman Park
Attn: Purchasing Division 950 E.Bowman Rd.
221 East Main Street Round Rock,TX 78664
Round Rock,TX 78664-5299 RFP No.24-032
Option 1
Rep Terms Project
MG Due upon compl... Bowman Park
Item Description Qty Rate Total
Schedule There are times due to weather or unforeseen 0.00 0.00
circumstances that we might have to reschedule. In
an effort to provide excellent customer service we
will notify you should rescheduling be necessary.
We appreciate your understanding as we pride
ourselves on providing attention and detail to every
project.
Site Access If site access is restricted in any way there could be 0.00 0.00
an additional charge.
Credit Cards Payments made with credit cards will require an 0.00 0.00
additional 3.10%service fee.
Finance Charge Accounts not paid within 30 days of the date of the 0.00 0.00
invoice are subject to a 1.5%finance charge.
HUB Certificate Certificate/VID Number: 1364766562200 0.00 0.00
FileNendor Number:496631
Approval Date: 14-FEB-2023
Scheduled Expiration Date:28-FEB-2026
7 7you tora owing us to submit tis proposal.
Subtotal $155,623.00
PLEASE NOTE: Order will be placed upon receipt of signed quote or Sales Tax. $0.00
purchase order,color selections,and down payment.
Thank you! We appreciate the opportunity to earn your business!
Total $155,623.00
--------------------------------------
City of Houston WBE
Signature
(Women's Business Enterprise)
Certificate#20-2-11596 We are proud of a job well done and may spotlight your project on
----------"-"-'"'----------- our social media If we do not have your permission to do so, please
notify us. Thank youl
Page 4
Exhibit "A"
BURKE GENERAT%NS WAS29ZANTYIQ
BCI Burke Company,LLC('Burke")warrants that all standard products are warranted to be free from defects in materials and workmanship,under normal use and service,for a
period of one(1)year from the date of shipment.
We stand behind our products.
In addition,the following products are warranted,under normal use and service from the date of shipment as follows:
• One Hundred(100)Year Limited Warranty on aluminum and steel upright posts(including Nucleus',Nucleus Evolution'',Nucleus AspireTM,Intensity°,Level X®,Synergy',
Synergy Imagination®&4Me against structural failure due to corrosion,deterioration or workmanship
• One Hundred(100)Year Limited Warranty on Korel(omect®clamps against structural failure due to corrosion,deterioration or workmanship
• One Hundred(100)Year Limited Warranty on Hardware(nuts,bolts,washers)
• One Hundred(100)Year Limited Warranty on bolt-through fastening and clamp systems(Synergy',Intensity ,Nucleus'').
• Twenty-Five(25)Year Limited Warranty on spring assemblies and aluminum cast animals.
• Fifteen(15)Year Limited Warranty on structure platforms and decks,metal roofs,table tops,bench tops,railings and barriers against structural failure due to materials or
workmanship.
• Fifteen(15)Year Limited Warranty on all plastic components including StoneBorders against structural falure due to materials or workmanship.
• Ten(10)Year Limited Warranty on ShadePlay'Canopies fabric,threads,and cables against degradation,cracking or material breakdown resulting from ultra-violet exposure,
natural deterioration or manufacturing defects.This warranty is limited to the design loads as stated in the specifications natural deterioration or marufacturing defects This
warranty is limited to the design loads as stated in the specifications.
• Ten(10)Year Limited Warranty on NaturePldy'Boulders and GFRC products against structural failure due to natural deterioration or workmanship.Natural wear,which may
occur with any concrete product with age,is excluded from this warranty.
• Ten(10)Year Limited Warranty on Full Color Custom Signage against ma ufactunng defects that cause delamination or degradation of the sign Full Color Custom Signs also
carry a two(2)year warranty against premature fading of the print and graphics on the signs.
• Five(5)Year Limited Warranty on Nucleus',Intensity',and RopeVenture'cables against premature wear due to natural deterioration or manufacturing defects.Determination
of premature wear will be at the manufacturer's discretion
• Five(5)Year Limited Warranty on rubber belt material against premature wear due to natural deterioration or manufacturing defects.Determination of premature wear will be
at the manufacturers discretion
• Five(5)Year Limited Warranty on moving pats,including swing components,against structural failure due to materials or workmanship
• Five(5)Year Limited Warranty on PlayEnsemble'cables and mallets against defects in materials and workmanship
• Three(3)Year Limited Warranty on electronic panel speakers,sound chips and circuit boards against electronic failure caused by manufacturing defects
The warranty stated above is valid only if the equipment is erected in conformity with the layout plan and/or installation instructions furnished by BCI Burke Company,LLC using
approved pats;have been maintained and inspected in accordance with BCI Burke Company,LLC instructions.Burke's liability and your exclusive remedy hereunder will be
limited to repair or replacement of those parts found in Burke's reasonable judgment to be defective.Any claim made within the above stated warranty periods must be made
promptly after discovery of the defect A part is covered ony for the original warranty period of the applicable part.Replacement pats carry the applicable warranty from the
date of shipment of the replacement from Burke.After the expiration of the warranty period,you must pay for all parts,transportation and service charges.
Burke reserves the right to accept or reject airy claim in whole or in part.Burke will not accept the return of any product without its prior written approval Burke will assume
transportation charges for shipment of the returned product if it is returned in strict compliance with Burke's written instructions.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.IF THE FOREGOING DISCLAIMER OF ADDITIONAL WARRANTIES IS NOT GIVEN FULL
FORCE AND EFFECT,ANY RESULTING ADDITIONAL WARRANTY SHALL BE LIMITED IN DURATION TO THE EXPRESS WARRANTIES AND BE OTHERWISE SUBJECT TO
AND LIMITED BY THE TERMS OF BURKE'S PRODUCT WARRANTY.SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES,SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Warranty Exdusions:The above stated warranties do not cover:"cosmetic-defects,such as scratches,dents,marring,or fading;damage due to incorrect installation,
vandalism,misuse,accident,wear and tear from normal use,exposure to extreme wreathe;immersion in salt or chlorine water,unauthorized repair or modification,abnormal
use,lack of maintenance,or other cause not within Burke's control;and
Limitation of Remedies:Burke is not liable for consequential or incidental damages,including but riot limited to labor costs or lost profits resulting from the use of or inability
to use the products or from the products being incorporated in or becoming a component of any other product If,after a reasonable number of repeated efforts,Burke is
unable to repair or replace a defective or nonconforming product,Burke shall have the option to accept return of the product,or pat thereof,if such does not substantially
impair its value,and return the purchase price as the buyer's entire and exclusive remedy.Without limiting the generality of the foregoing,Burke will not be responsible for
labor costs involved in the removal of products or the installation of replacement products Some states do not allow the exclusion of incidental damages,so the above
exclusion may riot appy to you.
The environment near a saltwater coast can be extremely corrosive Some corrosion and/or deterioration is considered"normal wear"in this environment Product installed
within 500 yards of a saltwater shoreline will only be covered for half the period of the standard product warranty,up to a maximum of five years,for defects caused by
corrosion.Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects cased by corrosion.
Contact your local Burke Representative for warranty information regarding Burke Turf'and Burke Tile products.
Terms of Sale
Pridng:Prices published in this catalog are in USD,are approximate and do riot include shipping&handling,surfacing,installation nor applicable taxes.All prices are subject
to change without notice Contact your Burke representative for current pricing.Payments are to be made in USD.
Weights:Weights are approximate and may vary with actual orders.
Installation:All equipment is shipped unassembled.For a list of factory-certified installers in your area,please contact you Burke representative.
Specifications:Product specifications in this catalog were correct at the time of publication.However,product improvements are ongoing at Burke,and we reserve the right
to change or discontinue specifications without notice.
Loss or Damage in Transit A signed bill of lading is our receipt from a carrier that our shipment to you was complete and in good condition upon arrival.Before you sign,
please check the Bill of Lacing carefully when the shipment arrives to make sure nothing is missing and there are no damages,Once the shipment leaves our plant,we are no
longer responsible for any damage,loss or shortage
For more information regarding the warranty,call Customer Service at 920-921-9220 or 1-800-356-2070. 01/M4
BCIBURVE.COM gurKO 800.266.1250
Exhibit "A"
ATTACHMENT A
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: RFP 24-032
RESPONDENT'S NAME: Mike Giehl, fun abounds DATE: 06/19/24
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 City of Pflugerville
Name of Contact Shane Mize
Title of Contact Parks Director
E-Mail Address
Present Address 103 N Railroad Ave
City, State, Zip Code Pflugerville, TX 78660
Telephone Number ( 512 ) 990-6357 Fax Number: ( )
2. Company's Name City of Cedar Park
Name of Contact Mike DeVito
Title of Contact Asst Parks Director
E-Mail Address
Present Address 1435 Main St
City, State, Zip Code Cedar Park. TX 78613
Telephone Number ( 512 ) 401-5502 Fax Number: ( )
3. Company's Name City of Elgin
Name of Contact Elizabeth Marzec
Title of Contact Parks Director
E-Mail Address
Present Address 361 N Hwy 95
City, State, Zip Code Elgin, TX 78621
Telephone Number ( 512 ) 285-6434 Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Exhibit "A"
ATTACHMENT B
SUBCONTRACTOR INFORMATION FORM
COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: RFP 24-032
RESPONDENT'S NAME: Mike Giehl, fun abounds DATE: 06/19/24
• 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 Premier Outdoor Installations
Name of Contact Tom Driscoll
E-Mail Address tom@premieroutdoors.com
Address 2630 Cemetery Road
City, State, Zip Code Santa Fe, TX 77517
Telephone Number ( 281924-0271 Fax Number: ( )
Describe work to be
performed All construction and playground installation services
Percentage of contract 100 %
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
Exhibit "A"
Attachment C— Playground Layout
WARi UTILITIES IN
AREA. ❑CATE LINES
BEF❑RE IGGING!1
i
R28'
R58'—
�jw-c
85-8 a
a�
6'
—5' Y_a.
22'
N
61'
w E
r2PLAYSCAPE LAYOUT PLAN me®
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=/program 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 Published
on 01/06/2023, 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 TX 20230007,
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 project.
• 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"
COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BID PACKET
CONTENTS
I. Required Certifications to be submitted with Bid
a. System for Award Management (SAM)
b. Certification Regarding Debarment and Suspension
c. W-9 Request for Tax-Payer ID
d. Conflict of Interest Affidavit and Information
e. Certification regarding Equal Employment Opportunity
f. Certification Designating Officer or Employee to Supervise
Payment
g. Certification Regarding Clean Air and Water
h. Certification Regarding Non-Lobbying Activities
i. Non-Collusion Affidavit for Prime Bidder/Subcontractor
j. Information Regarding Use of MBE/WBE
k. Section 3 Information and Eligibility Guidelines
II. Contractor/Vendor/Subcontractor Information regarding Community
Development Block Grant (CDBG) Program Rules
a. DBLS Guide and Prevailing Wage Documentation
• Contractor's Guide to Prevailing Wage Requirements
• Applicable Department of Labor General Wage Decision
• HUD Form 4230A-Report Additional Classification Rate (if
applicable)
• Sample Payroll and other Employer Documentation
• Title 29-Labor Regulations
• Required Bulletin Board Posters
b. Federal Labor Standards Provisions (attached)
c. Federal Contract Provisions (attached)
d. Federal Register 2 CFR 200, Appendix II (attached)
e. Section 3 Regulations 24 CFR Part 75 found at .https://ecfr.io/Title-
24/Part75 .
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. Project 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.eaIvarado@roundrocktexas.gov or at 512-341-3328.
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?
X YES NO
2. If so, please provide your organization's Unique Entity ID (UEI#):
JZ18PNX3JK95
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 1 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 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 learns
a. Are not presently debarred, suspended, proposed for debarment, that Its rxrtlficaton 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.
5 The terms covered transaction, debarred, suspended,
b. Have not within a three-year period preceding this proposal, been Ineligible, lower 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 dause,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.s 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 pnmary 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 ter covered transaction
the offenses enumerated in paragraph(1xb)of this certification,and with a person who is debarred, suspended,dedared ineligible,or
voluntarily excluded from participation in this covered transaction,
d.Have not within a three-year period preceding this application/proposal 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 a will include the clause titled '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 Csrtiflcation(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. S. 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 certification required below will transaction that a is not debarred, suspended, ineligible. or
not necessarily result In denial of participation in this covered transaction. voluntarily excluded form the covered transaction,unless d 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 deternrnes this eligibility of its
be considered in connection with the department or agency's principals. Each partiapant may, but is not required to,crack 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 parbapanl 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 defaultinstructions, 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(3/98
Exhibit "A"
Certification Bt Cer0 icatlon Regarding Debarment, suspension,
Inallglble and Voluntary Exclusion-Lower Tier Covered Transactions
I. The prospective lower tier participant certifies, by submission of this 5.The prospective lower bar participant agrees by submitting this
proposal,that neither it not 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
participation in this transaction by any Federal department or agency. person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
2.Where the prospective lower bar participant is unable to testily to any of unless authorized by the department or agency with which this
the statements in this certification,such prospective participant shall attach transaction originated.
an explanation to this proposal.
instructions for GrtMwtion B 6. The
htin this lower tier participant further agrees by
( ► g proposal that 9 will include this douse titled
'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 all
solicitations for lower tier covered transactions,
2.The certification in this clause is a material representation of fact upon
which reliance was placed when this transaction was entered into. I1 it 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 borer tier covered
rendered an erroneous certification,in addition to other remedies available transaction that it is rot debarred, suspended, ineligible, or
to the Federal Government, the department or agency with which this voluntarily excluded from the covered transaction,unless it knows
transaction 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
principals. Each participant may,but is not required to,check the
3. The prospective lower tier participant shall provide immediate wnten Non-procurement list
notice to the person to which this proposal is submitted if at any time the
prospective lower tier participant learns that its certification was erroneous 8.Nothing contained to the foregoing shall be construed to require
when submitted or has become by reason of changed circumstances. establishment of a system of records in order to render in good
faith the certification required by this douse. The knowledge and
4. The terms covered transaction, debarred, suspended, Ineligible, information of a participant is not required to exceed that which is
lower tier covered transaction, participant, person, primary covered normally possessed by a prudent person in the ordinary course 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 rules implementing Executive Order Milli. You may contact 9.Except for transactions authorized 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 her 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 Goverment, the department or agency
with which this transaction originated may pursue available
remedies including suspension and/or debarment
Applicant Date
Ellie Mason, fun abounds 06/19/24
Signature of Authorized Certifying Official Title
Office Manager
Page 2 of 2 forts HUD-2992(3/98
Exhibit "A"
Form Request for Taxpayer Give form to the
(Rev.March 2024) Identification Number and Certification requester.Do not
Department of the Treasury Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS.
Internal Revenue Service
Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below.
1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded
entity's name on line 2.)
fun abounds, Inc.
2 Business name/disregarded entity name,it different from above.
co 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1.Check 4 Exemptions(codes apply only to
roonly one of the following seven boxes. certain entities,not individuals;
asee instructions on page 3):
o ❑ Individual/sole proprietor ❑ C corporation S corporation ❑ Partnership ❑ Trust/estate
C F-1 LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) . . . . Exempt payee code(if any) N/A
41;a o Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax
v classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax
o �. box for the tax classification of its owner. Compliance Act(FATCA)reporting
S ❑ Other(see instructions) code(rf any) N/A
[L u
Qu 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification, (Applies to accounts maintained
m and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check outside the United States.)
Nn this box if you have any foreign partners,owners,or beneficiaries.See instructions . . . . . . . . . ❑
aa) 5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional)
u)
114 Venice Street
6 City,state,and ZIP code
Sugar Land, TX 77478
7 List account number(s)here(optional)
ff*7 Ma 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(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later. For other
entities,it is your employer identification number(EIN). If you do not have a number,see How to get a or
TIN,later.
Employer identification number
Note:If the account is in more than one name,see the instructions for line 1.See also What Name and
Number To Give the Requester for guidelines on whose number to enter. NMI
I — * 1 * 1
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 your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments
other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later.
Sign Signature of
Here I U.S.person ,� Date 05/01/24
General Instructions New line 3b has been added to this form.A f low-through entity is
required to complete this line to indicate that it has direct or indirect
Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9
noted. to another flow-through entity in which it has an ownership interest.This
Future developments.For the latest information about developments change is intended to provide a flow-through entity with information
related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or
after they were published,go to www.irs.gov/ForrnW9. beneficiaries,so that it can satisfy any applicable reporting
requirements.For example,a partnership that has any indirect foreign
What's New partners may be required to complete Schedules K-2 and K-3.See the
Partnership Instructions for Schedules K-2 and K-3(Form 1065).
Line 3a has been modified to clarify how a disregarded entity completes
this line.An LLC that is a disregarded entity should check the Purpose of Form
appropriate box for the tax classification of its owner.Otherwise,it
should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an
information return with the IRS is giving you this form because they
Cat.No.10231X Form W-9(Rev.3-2024)
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 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
II. City Officials,Their Family,or Business Partners Benefittinst from CDBG
Pro ects.
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.
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:
06/19/24 fun abounds, Inc.
Printed Name and Title: Authorized Signatory:
Ellie Mason, Office Manager CV ,tri
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,
Xhave no conflict of interest to disclose
C3 f have the following conflict of interest to disclose:
Date: 06/19/24 Company/Vendor Name:
fun abounds, Inc.
Printed Name and Title: Authorized Signatory:
Ellie Mason, Office Manager �yrL
Exhibit "A"
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING EQUAL
EMPLOYMENT OPPORTUNITY
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 BIDDER
fun abounds, Inc.
Bidder's Name:
114 Venice Street, Sugar Land, TX 77478
Address and Zip Code
I Bidder has participated in previous contract or subcontract subject to the Equal
Employment Opportunity Clause.
Yes No—X—(If answer is yes,identify the most recent contract)
2 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)
1 Bidder has filed all compliance reports due under a plicable instructions,including SF- 100.
Yes No None Required A _
4. If answer to Item 3 is"No",please explain in detail on the reverse side of this
certification.
Cert�i atio – The in r�pado bove is true and complete to the best of my knowledge and belief.
fte Mason, TiIce` anager _
(Name and Title of Signer–please type)
fV& fir' erL 06/19/24
Signature Date
HUD 4238
Exhibit"A"
CERTIFICATION OF SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
NAME OF PRIME
CONTRACTOR: fun abounds inc
PROJECT#: RFP No.24-032
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)
Premier Outdoor Installations
2630 Cemetery Rd
Santa Fe,TX 77517
1 Subcontractor has participated in previous contract or subcontractor subject to the
Equal Employment Opportunity Clause.
Yes__X_ _ _ No (if answer is yes,identify the most recent contract)
\Ax PL I E- C ly N Sip�.qV Cy THE
2 Compliance reports were required to be filed in conneclion with such contract or
subcontract
es_k_ No (If answer is yes,identify the most recent contract)
SN--L-4L-0. PA A K) N A S AV q"a-1 , THE
I Bidder has filed all compliance reports due under applicable instructions,including SF-100.
Yes -_,-. No_____ None Required---X
4 Have you ever been or are you being considered for sanction due to violation of
Executive Order 11246,as amended.
Yes No
Certi ication - The information above is true and complete to the best of my knowledge and belief.
(Name and Title of Signer-please type)
4�
Signat> V Date ---
Exhibit "A"
COMMUMTY DEVELOPMENT/GRANTS MANAGEMEN/DEPT.
CERTIFICATE FROM CONTRACTORISUBCONTRACTOR
DESIGNATING OFFICER OR EMPLOYEE
TO SUPERVISE PAYMENT OF EMPLOYEES
Project Nom:aav�t�Ar1 Q�.��/. Dab:
Location: 950 E.Bowman Rd,Round Rock,TX 78664 Project RFP No.24-032
(1) (We)hereby certify that(I am)(we are)(the prime contractor)(a auboontimclor)
for Q�..p►-1�s 0.�ov.rio �CAta..a'TSd..1 in connection with
(Specify'General Construction,"'Ptumbing,"Roofing,"etc.)
construction of lthe above-mentioned CDBG Project,and that(1)(we)have appointed
� t
Ii � (I NAVL%J— ,whose signature appears below,to supervise the payment
T
of(my)(our)employees beginning S"we L c1 20x4 : 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
rson for the purpos s ein a toted.
Q0.�ti E� a►►t t�oR ' S' 5rr
(S lure of Appointee) (Name of Finn or Corporation)
List with signatures all ers,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 tick-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"
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: Cv&, ��rL
Name of Contractor's Authorized Officiai.Ellle Mason
Title of Contractor's Authorized Official: Office Manager
Date: 06/19/24
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.
Ellie Mason Office Manager
NAME - -TITLE
06/19/24
SIGNATURE
NON-COLLUSION AFFIDAVITPfhPbRl)Mfs10DER/SUBCONTRACT011
State of Texas)
County of Williamson)
City of Round Rock)
LfA V v "OLI "" ' ,being the first duly sworn,deposes and says that:
1.He/she is of V re-JW W If of
(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 or 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;
5. 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 t to hereof;8.1 the Bidder am not indebted to the City of Round�ck in any form or
manner. ^
Signa - etE" O L
�`fry 1,voad�vl
pr� ,�-
Title: Notary:
(Apply Notary Seal)(Print or type names under all signatures) G L�hs
Ellie Christine LYkins
My emission EOres
0411412025 711
�,� �,* ID No. 13303E
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 Enterprise/Women'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 MBEIWBEs 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 MBEfWBE 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 MBENVBEs 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 fun abounds, Inc.
Project Number RFP 24-032
Contractor/Engineer
Address,City,State,and Zip 114 Venice Street, Sugar Land,TX 77478
Contact Person Mike Giehl Telephone No 512-636-8260
Amount of Contract see below MBE Percentage WBE Percentage:100%
I. MBE Subcontractor
WBE 100% Address,City,State,Zip 114 Venice Street, Sugar Land, TX 77478
Contact Person Leigh Walden
Amount of Subcontract Tax ID Number
Scope Of work Playground Equipment
Amount of contract-Option 1: —156k-Option 2:
2. MBE Subcontractor
WBE Address,City,State,Zip
Contact Person
Amount of Subcontract Tax 1D Number
Scope Of Work
3. MBE Subcontractor
WBE Address,City,State,Zip
Contact Person
Amount of Subcontract Tax m Number
Scope Of Work
4. MBE Subcontractor
WBE Address,City,State,Zip
Contact Person
Amount of Subcontract Tax ID Number
Scope Of Work
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:
I.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 Rov/Sec3BusReg/BRegistry/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 5 years met,at
least one of the following categories:
1.The workers 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: fun abounds, Inc.
Address of Business: 114 Venice Street, Sugar Land, TX 77478
Name of Business Owner: Leigh Walden
Phone Number:281-793-8002 Email: Iwalden(a.fabplaygrounds.com
Preferred Contact Information
Xi Same as above
Name of Preferred Contact
Phone Number: Email:
Type of Business(select from the following options):
`Corporation ❑Partnership DSole Proprietorship OJoint 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
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.
Print Name: Ellie Mason
Signature:_ (--� Date: 06/19/24
Certification expires within 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
Is the business a Section 3 Business Concern based upon their certlfication and documentation
provided?
DYES ONO
Reviewer Comments:
EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS.
Exhibit `
� f111llif
r
i
DAVIS- BACON AND LABOR STANDARDS
CONTRACTOR GUI0E 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 . . . . . . . . . . . . . . . . . . . I1
ADDITIONAL WORK CLASSIFICATION AND WAGE RATES . . . . 14
SANCTIONS AND RESTITUTION . . . . . . . . . . . . . . . 17
2 I Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
PIT-1k
IWO
41
1
This Guide has been prepared for you as a contractor performing work 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 mination has already been made that Davis-Bacon wage rates are appli-
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 project of if you need other related tech-
agency enters into a procurement contract In this lattef case,the Fed- nical 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 DBADEFINITIONS
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 fifth 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"
41,
i'
mlt1.E , -
-�
At
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 pay back)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,if D8 applies to a HUD project is it because of a labor provision
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 0/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 toboth direct federal contracts and tofederally-assisted contracts DOL has published rules and instructions concerning Davis-Bacon and
where those contracts require or involve the employment of laborers other tabor 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-
ExeRlptlollS: dards on construction and service contracts.Finally,Part 7 sets param-
CWHSSA 0/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 0/T provisions do not apply to prime contracts of$100,000 DOL Regulations are available online:www.ecfrgpv/current/title 29
or less.
4 1 Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
Construction Contract Provisions requirements and with the 0/T provisions of the CWHSSA(applicable
and Labor Standards Administration only when the prime contract is valued at over$100,000). 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 pllcable to the project.HUD has standard forms that contain contract
or project.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)muttlfamity 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 4150.000)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 -$2,000 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-
fications 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 conceming Davis-Bacon wages and obligate
the contractor to comply with the Davis-Bacon wage and reporting
A
r s
5 Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
Davis-bacon Wage Decisions RES OU RCE
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 decision'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 work.
RESOURCE
4
e
6 Contractor Guide Addendum Table of Contents
Exhibit "A"
LE1,
4L
I CONTRACTOR RESPONSIBILITIES
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.
RLSPONSIr
The contract administrator is responsible for the proper administration RESOURCE
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 61,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 admin strator could be an employee or agent of HUD,or
of a city or county or public housing agency.For HUD protects admin-
istered directly by HUD staff,usually FHA-insured multifamily projects,
the contract administrator will be the HUD Labor Standards field staff.
But many HUD-assisted protects 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
L irr'am�i[[ M i ll a
The Wage Decision
Davis-Bacon labor standards stipulate the wage payment requirements
for skilled workers,operators,truck drivers,and laborers—for example:
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 Additional 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 paid 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
8 Contractor Guide Addendum Table of Contents
Exhibit "A"
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 WH- 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
3471s available online at rtww doi,gev1whd/forms/wh347_pol. 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.
'Mo 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 are numbered sequentially or that the employer has provided
written notice that its work on the project has been suspended.
9 1 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 0/T violations.All the payroll reports for any
project must be submitted to the contract administrator through the
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 lass 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.
a
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10 Contractor Guide Addendum Table of Contents
Exhibit "A"
_ 5
Co i 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 contractor/subcontractor 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 0/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 all 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 0/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 1 Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
Piecework Deductions
For any piecework 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(e.g.,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
hourty 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
Remember,the WT 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
would be:($10 x 1.5)+$5=$20/hour.
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.,S425.40/$764.85)and base deductions and
net pay on the-all projects'earnings.
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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)
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13 Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
4
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'represents-
fringe benefits for such classification on form SF-1444,Request for tives 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_incoming@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 guld- dum 213 The proposed wage rate and fringe benefits should bear a
ante 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 DOL Regula- posed for power equipment operators must specify the type(s)of pow-
tions at 29 CFR Part 5§5.5(a)(1)(ii)) er equipment involved.
Additional Work Classification Making the Request
and Wage Rate Parameters
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 classifca-
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 sificaiion and Rate,to submit the request.
not performed by a work classification that is already contained within
the applicable wage decision;
I
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:
whri-ebaccinfaimance incomir na dol nnv.
Disagreement with the request;
referring for DOL decision
If the LSS/LCA review fords 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.
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Contractor Guide Addendum
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- lies 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
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16 Contractor Guide Addendum Table of Contents
Exhibit "A"
L,UN I nal;I UK UUIUt Avu11:1'1uuM
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the decision on the additional classification request.
Introduction
The request for reconsideration must be made in writing and must thor-
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§18)
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 end/or a HUD must be submitted through HOLS(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 ciston 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§L9)
Administrative Review on
Labor Standards Disputes Findings of underpayment
Compliance reviews and other follow-up enforcement actions may re-
The labor standards clauses In the contract and DOL regulations pro- suh 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.OBRA 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 HOLS with
or representatives of the employees)may request reconsideration of a copy to the local LSS.
17 1 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 properly 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 DOLS 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
ments,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
of 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§511(b)and 29 CFR Part 6,Rules of Practice for
Administrative Proceedings)
Administrative Review Board
Contractors and/or 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
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18 I 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,a g.mul- tuition due to workers lacking payment evidence.As these workers are
tifamity housing-Insured and grant programs)or an escrow account paid and proper documentation is provided to the contract administra-
(LCA-administered projects,e g,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 deposiVescrow 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
pRE INFO Where underpayments are suspected or alleged and an
Investigation has not yet been completed
The deposit is equal to the amount of wage restitution and any liquidat-
ed damages,if applicable,that are estimated to be due.If the final de-
termination of wages due is less than the amount estimated and placed
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
by the employer.As these workers are paid and proper
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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. DORA 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(LDPs),de-
barments,and suspensions.
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20 I Contractor Guide Addendum Table of Contents
Exhibit "A"
CONTRACTOR GUIDE ADDENDUM
limited Denial 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 issuing '
HUD Office.HUD regulations concerning LDPs are found at 24 CFR§§
24.700-24.714.
Debarment and suspensions
In certain circumstances.HUD may initiate its own debarment or sus-
pension proceedings against a contractor and/or subcontractor in ,
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 conceming debarment and suspension are
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
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j� I Contractor Guide Addendum Table of Contents
Exhibit "A"
August 7, 2923
Settlement Park Playground
"General Decision Number: TX29239997 91/96/2923
Superseded General Decision Number: TX20229997
State: Texas
Construction Types: Heavy and Highway
Counties: Atascosa, Bandera, Bastrop, BeLL, Bexor, Brazos,
Burleson, CaLdweLL, ComoL, CoryeLL, Guadalupe, Hays, KendaLL,
Lampasas, McLennan, Medina, Robertson, Travis, Wi.LLiamson 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
BeLL, 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 14826 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(0)(2)-(69).
Ilf the contract is entered 1. Executive Order 14926 1
Jinto on or after January 39, 1 generally oppLles to the 1
12922, or the contract is J contract. J
lrenewed or extended (e.g., an 1. The contractor must pay 1
fopti,on is exercised) on or J aLL covered workers at J
(after January 39, 2922: J Least $16.29 per hour (or J
J 1 the appLicabLe wage rate 1
1 J Listed on this wage J
1 J determination, if it is 1
J J higher) for aLL hours J
J J spent performing on the J
1 1 contract in 2923. 1
1 1 1
JIf the contract was awarded on1. Executive Order 13658 1
Exhibit "A"
/or between January 1, 2915 and/ generaLLy applies to the /
/January 29, 2922, and the / contract. /
/contract is not renewed or f. The contractor must pay aLL/
/extended on or after January / covered workers at Least /
/39, 2922: / $12.15 per hour (or the /
/ / appLicabLe wage rate listed/
on this wage determinations
if it is higher) for aLL /
/ / hours spent performing on /
/ / that contract in 2923. /
I r r
The applicable Executive Order minimum wage rate w!LL be
adjusted annuaLLy. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must stiLL submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is avaiLabLe at
http://www.doL.govlwhdlgovcontracts.
Modification Number Publication Date
9 91/96/2823
SUTX2911-996 98/93/2911
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving and
Structures). . . . . . . . . . . . . . . . . . . . . .$ 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, Utility. . . . . . . . . . . .$ 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. . . . . . . . . . . .$ 11.04 **
Concrete Pavement
Finishing Machine. . . . . . . . . . .$ 15.48 **
Crane, Hydraulic 80 tons
or Less. . . . . . . . . . . . . . . . . . . . .$ 18.36
Crane, Lattice Boom 80
tons or Less. . . . . . . . . . . . . . . .$ 15.87 **
Crane, Lattice Boom over
80 tons. . . . . . . . . . . . . . . . . . . . .$ 19.38
Crawler Tractor. . . . . . . . . . . . .$ 15.67 **
DirectionaL DriLLing
Locator. . . . . . . . . . . . . . . . . . . . .$ 11.67 **
DirectionaL DriLLing
Operator. . . . . . . . . . . . . . . . . . . .$ 17.24
Excavator 50,000 Lbs or
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 12.88 **
Excavator over 50,000 Lbs. . .$ 17.71
Foundation DriLL, Truck
Mounted. . . . . . . . . . . . . . . . . . . . .$ 16.93
Front End Loader, 3 CY or
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 13.04 **
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. . . . . . . . . . . . . . . .$ 14.04 **
Trenching Machine, Heavy. . . .$ 18.48
Exhibit "A"
Servicer. . . . . . . . . . . . . . . . . . . . . . . . .$ 14.51 **
Steel Worker
Reinforcing. . . . . . . . . . . . . . . . .$ 14.98 **
Structural. . . . . . . . . . . . . . . . . .$ 19.29
TRAFFIC SIGNALIZA TION:
Traffic SignaL InstaLLation
Traffic Signal/Light PoLe
Worker. . . . . . . . . . . . . . . . . . . . . .$ 16.89 **
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 ent!tLed to a higher
minimum wage under Executive Order 14926 ($16.29) or 13658
($12.15). PLease see the Note at the top of the wage
determination for more information.
Note: Executive Order (EO) 13796, 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, 2917. If this
contract is covered by the E0, the contractor must provide
employees with 1 hour of paid sick Leave for every 39 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://www.doL.gov/agencies/whd/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) (ii)).
----------------------------------------------------------------
The body of each wage determination Lists the classification
and wage rates that have been found to be prevaiLing for the
cited type(s) of construction in the area covered by the wage
determination. The cLassifications are Listed in aLphobeticaL
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
""UAW"' denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM9198-995 97/91/2914. PLUM is an abbreviation identifier of
the union which prevaiLed in the survey for this
classification, which in this exampLe would be Plumbers. 9198
indicates the Local union number or district council number
where appLicabLe, i.e., Plumbers LocaL 9198. The next number,
995 in the example, is an internal number used in processing
the wage determination. 97/91/2914 is the effective date of the
most current negotiated rate, which in this example is JuLy 1,
2914.
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: SULA2912-997 5/13/2914. 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. 2912 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. 5/13/2914 indicates the survey compLetion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect untlL 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, 199% of the data reported for the
cLassifications was union data. EXAMPLE: UAVG-OH-9919
98/29/2914. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 9919 in
the example, is an internal number used in producing the wage
determination. 98/29/2914 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 formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of labor
299 Constitution Avenue, N.W.
Washington, DC 29219
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
299 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
299 Constitution Avenue, N.W.
Washington, DC 29219
4.) ALL decisions by the Administrative Review Board are final.
Exhibit "A"
END OF GENERAL DECISIO"
Exhibit "A"
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A
REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMB Approrl Number 2501-0011
(EXP.81310022)
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
8. WAGE DECISION NO. (include modification number,if any) DATE of WAGE DECISION: 7. WAGE DECISION EFFECTIVE
DATE(LOCK-IN):
❑ COPY ATTACHED
8. WORK CLASSIFICATION(S) HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S)(if any)
9. PRIME CONTRACTOR(name,address) 9a. 10. SUBCONTRACTORIEMPLOYER,IF APPLICABLE
(name,address)
❑Agree
9b.SIGNATURE DATE ❑Disagree
Check All That A 1
❑ 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.
1 Check n0 e:
❑ 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
HUD4230A(8-19)PREVIOUS EDITION IS OBSOLETE
U.S. Department of Labor PAYROLL :mnb#
Wage and Hour Division (For Contractors Optional Use;See instructions at www.dol.gov/whd/forms/wh3471nstr.htrn) U.S.
Wage and Hour Clniebrl
Persons are not required to respond to the collection or information unless it displays a currently valid OMS Control number. Rev.Dec.2008
NAME OF CONTRACTOR 0 OR SUBCONTRACTOR ADDRESS OMB No.:1235-0008
Expires:07/31/2024
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.
(1) (2) (3) (4)DAY AND DATE (5) I (6) (7) (g)
(6)
DEDUCTIONS
5 0 � NET
NAME AND INDIVIDUAL IDENTIFYING NUMBER o a O GROSS WITH- WAGES
(e.g.,LAST FOUR DIGITS OF SOCLAL SECURITY €, WORK o 4:1TOTAL RATE AMOUNT HOLDING TOTAL PAID
NUMBFJ2 OF WORKER °z 34i CLASSIFICATION HOURS WORKED EACH DAV HOURS OF PAY EARNED FICA TAX OTHER DEDUCTIONS FOR WEEK
0
s
0
S
0
Qs
a--r
0
L
X S
LU
a
s
0
s
0
s
0
s
While mmpletcn of Form WH-347 Is optiongi.h Is mardelory for covered contractors and submrWeclors performing work on Federally financed or assisted construction contracts to
respond to the Information collection contained In 28 C.F.R.§§3.3.5.5(a).The Copeland Act
(40 U.S.C.§3145}mrmtrsesexs ono sutrmntrseton parlormrp wale or Federally financed or assisted eonsbvetion contracts to'tumish weakly a statement with respect to the wages paid
each employee during the preceding week'U.S.Department of Labor(DOL)regulations at
29 C.F.R.§5.5(s}(3xs)rapuae ooneadio s to eWrsit weekly a copy of as Payrolls to the Federal agency contracting for or financing the construction pro)ect,accompanied by a signed*Statement
of Compliance'lndlcmng that Ne Dayrdts are comicl and complete and that each laborer
or mechanic has bean paid not Iess Man the proper Davos-aeoon prevedwq wage rata for the work performed.DOL and federal contracting agencies receiving this information review
the information to determine that employees have received legally repuired wages and fringe benefits.
Public Burden Statement
We eelamate thet's era take on average of 55 minutes to oomplete this collector,Including time for reviewing Instructions,searching existing data sources,gathering and maintaining
the data needed,arta Completing and reviewing the collection of Information.If you have
any comments regardaq Mees estimates or any otter=pact of this collection,Including suggestions for reducing this burden,send Mem to the Administrator,Wage and Hour Division,U.S.Department
of Labor,Room 53502,200 Consthutim Avenue,N.W.
Washington,D.C.20210
(war)
Date
(b)WHERE FRINGE BENEFITS ARE PAID IN CASH
I,
— Each laborer or mechanic fisted 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 I pay or supervise the payment of the persons employed by
(c)EXCEPTIONS
on the
(Contractor or Subcontractor) EXCEPTION(CRAFT) EXPLANATION
that during the payroll period commencing on the
(Building or Work)
day of 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 Stat.948,
Q 63 Stat.108,72 Stat.967;76 Stat.357,40 U.S.C.§3145),and described below
L
X
W
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 taborer 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 S GNATURE
— 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 16 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-347 Inst.)
NAME OF CONTRACTOR x OR SUBCONTRACTOR U ADORESS
ACES CONSTRUCTION COMPANY,INC. 1776 Amence Street,Anytown,Montana 59604
(1) PAYROLL NO FOR WEEK ENDING PROJECT ASID LOCATION PROJECTOR CONTRACT NO.
01(Show N and FINAL at end) July 4,1983 Happy Valley Manor-Anytown,MT 59604 101-35075-PM-WAH-18
(4)DAY AND OATS (ti) (4) (71 (e) (at
111 W a 0 (3) a S M T W TH F S DEDUCTIONS
pAT0WAFFOR
NAME.ADDRESS,AND ;�O-pi r WORK O TOTAL MTE GROSS WIT",
SOCIAL SECURITY NUMBER r'O_Y`y CLASSIFICATION G 2812913011 2 3 4 HOURS OP PAY AMOUNT FICA HOLDING STATE VAC OTHER TOTAL WEEK
OF EMPLOYEE =aWi HOURS WORKED EACH DAY EARNED TAX W r N FUND DEDUCTIONS
W
John Doe 521-44-7086 Foreman ^A workmn
y romron
r if s wno.n tloailwn to nus xuperMaory a+tles-w 10851 20%-OtrAorms fntr
0 2 2 1 1 8 10.95 work of s laborer or milict anrc during a suoslaNrr pan 01 he work weak.
1974 Clark Ave. 1 Carpenter"
(2) Downtown,MT 59624 g 8 8 8 8 8 40 7.30 357.70 15.18 53-60 8.DO 10.00 86.78 270.92
Dick Brown 544-43-7806 Box J cu,y - O Ins.
(3) 245 Backhoe
Anytown.MT 59801 2 Operator S 8 8 8 6 8 40 6.00 240.00 10.00 45.00 5.00 5.00 65.00 175.00
John Doe 501-44-708610 w.yd. 0 (WM
ORKING ON ORE THAN ONE JOB,ONE JOB IS AN FHA PROJECT.STATE'Ckclad hours the protect
QAnywhere St. Trude Driver 116.10
(4) Downtown,MT 59624 D S 473 7i
6 8 18 6.45
4 8 2 8 22 239.30 10.58 48.00 7.00 65.59 1
Bit[Thomas 515-38-1005 Cement 0 (FRINGE BENEFrrS)
1050 Clearbridge St 1 Mason
X /Somewhere,MT 58011
w a� $ 8 8 8 8 32 6 56 209.92 - rtn a enehts Pafd m Cash
(5)) John Johnson 505.43-5478 Cement
\ 515 Broadway 2 Mason O
Anytown,MT 58601 S B 8 8 B 32 5.90 188.60 -Fringe Benefits Paid Into an Approved Fund or Plan
Tom Tompson$0543-5478 Box O (DUAL CLASSIFICATION. Worker must be entered on payroll twice and Sign by the fower
/1010 2 Laborer rate of pay received.)
Hallelujah.MT 59903 S 4 1 7 8 19 4.95 94.05
(61 Tan Tompson 505-43-5478 Box Cement
1010 Mason O 123.90
Hallelu)ah,MT 59901
S 4 1 8 8 21 5.90 217.95 10-80 15.90 5.80 10.00 42.50 175.45
Harry Jamison 55544-3372 (Owner) 0 (WORKING OWNER. Must show the daily and total hours worked on the site.)
(7) Box 333 Tile
Friendly.MT 59526 Setter S 8 I. 8 11 8 40
Joe Smith 527-38-7537 Apprentice 0 (APPRENTICES: Apprenticeship Certificate Showing Oept of Labor Cerhhcatron Must Be
(8) 730-3rd Street 0 Carpenter SuDmlOed With the First P roi The A nice A ars On.
Anylown,MT 59601 1st Step-55% S U-1-1
8 8 8 32 4.02 128.64 5.00 8.00 1200. 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(COBG)Program COBG Administration Manual
SAMPLE REPORT
In addition to Vie basic hourty wage rates paid to each laborer or mechanic
Date listed in the above referenced payroll,payments of fringe benefits as listed
in the contract have been or will be mao f to appropriate programs for the
I, Samantha Sammons Bookkeeper do hereby state benefit of such employees except as noted in Secbon 4(C)below.
(Name or signatory pant lime)
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH(Bill Thomas)
(1) That I pay or supervise the payment of the persons employed by Ace Construction
Company on the Happy Valley Manor ❑ Each laborer or mechanic listed in the above referenced payroll has been
(Cont—lor or Subconesoor) (BWlmne of work) paid.as indicated on the payroll,an amount not less than the sum of the
applicable basic hourly 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 .at persons
employed on said protect have been paid the Ns weekly wages earned.mat 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 NI weekly wages earned by any person and that EXCEPTION CRAFT EXPLANATION
(COM1eG10r or Soxb o -Ac ) Eccetions must be approved use this space for any special
Send copy of plan. or unusual circumstances which
no deductions have been made either dir"or indinBeBy from the full wages earned by any affects witges or employees,
person,other than permissible deductions as defined m Regulations.Part 3(29 CFR Sublitle
Q A),Issued by the Secretary of Labor under the Copeland Act as amended(48 Stall 948.63 Stat.
108,72 Stat.967,76 Stal,357,40 U.S.C.276c),and described below.
Q FICA Federal and State --
Rerrwka
X Other Vacation and Insurance
Additional space which Can be used for explanations
w
BE SURE TO INCLUDE EXPLANATION AND SIGNED STATEMENT FOR ALL"OTHER"
DEDUCTIONS NOWCOVERED JOB CLASSIFICATIONS Workers performing the following
classifications are not subfecl to the prevailing wage requirements-Protect
(2) Thal any payrolls otherwise under this contract required to be submitted for the above Superintendent Protect Engineer,Supervisory Foreman. Watchman.Waterboy,
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
ars not less than the applicable wage rates contained in any wage determination incorporated into bookkeepers.
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 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 Bookkr"�
exists in a Stale,are registered with the Bureau of Apprenticeship and Training,United States THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE
Department of Labor. CONTRACTOR OR SUBCONTRACTOR TO CML OR CRIMINAL PROSECUTION. SEE SECTION
1001 OF TITLE 19 ANO SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
(4) Thal.
John Johnson) (a)WHERE FRINGE BENEFITS ARE PAIO 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(COBG)Program CDBG Administration Manual
Exhibit "A"
Record of Employee U.S.Department of Housing OMB Approval No.2501-0009
Interview InstructionS and Urban Development (exp.12/3112024)
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 forth 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 interviewer's 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"journeyman"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 information 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 ons aro o ete ortn -11(00W1
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 public 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(a)(5). Individut
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
451 Ith Street SW Room 7108_Washinrtmn DC 20410 When mrovl 'ria comments oleasa refer tm OMB Ammroval sr11 0000
Pursuant to 5 U C.§552a(e)(3),this Privacy Act Statement serves to inform you of the following concerning the collection of the information on this form
A.AUTHORITY:Collection of the information solicited on this form is authorizer}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
fele
Labor standards.
C.ROUTINE USES:The information collected ensures compliance with ft Federal labor standards through recording interviews with construction workers on topics related to wages
p,
on the project.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.
D.CONSEQUENCES OF FAILURE TO PROVIDE INFORMATION:The information collection is voluntary. Refusing to give information will not impact your status with your employer or I
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 you in the event a violation is found.
Ia.Project Name 2a.Employee Name
Ib.Project Number 2b. Employee Phone Number(includlrlg area code)
1 c. Contractor or Subcontractor(Employer) 2c. Employee Home Address&Zip Code
2d.Verification of identification?
Yes No
How long on this 3b.Last date on this 3c.No.of hours last 4a.Hourty 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 classifications)(list all)—continue in block 18 ti necessary
6.Your duties—continue in block 18 If necessary
7.Tools or equipment used—continue in block 18 if necessary
8.Are you an apprentice or trainee? Yes No 0.Are you paid at least time and%for all tours worked in excess of 40 in a week?Yes No
9.Are you paid for all hours worked? Yes No 11.Have you ever been threatened or coerced into giving up any part of your pay? Yes No
2a.Employee Signature 12b.Date
13.Duties observed by the Interviewer(Please be specific.)
14.Remarks—continue in block 18 if necessary
Sa.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
Firmovdaus editions are o olete Form
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
16.Addftional Remarks
Previous s ons areo o ete orm (f2_/2T2 )
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
ade:Check Appropriate Box
One Time Only
Weekly
Bi-Week)
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-governmental 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 Sanatory Darty) Jma)
NO PERSONS employed by performed work on
(Name of suWftng company)
the construction project known as
for the payroll period commencing on the day of
(, Oat (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 2/2312011
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 FR 97,Jan.4, 1964,as amended at 38 FR 32575, Nov. 27, 19731
29 CFR 3.3-Weekly statement with respect to payment of wages.
(a) As used in this section, the term 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 FR 97,Jan,4, 1964,as amended at 33 FR 10186,July 17, 1968;47 FR 23679,May 28, 19821
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)
129 FR 97,Jan.4, 1964,as amended at 47 FR 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
governmental 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.
Q) 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 fumished 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 FR 97,Jan.4, 1964,as amended at 36 FR 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 FR 97,Jan.4, 1964,as amended at 36 FR 9771,May 28, 19711
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
EMPLOYEDFOR LABORERS AND MECHANICS
ON - • .
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-haB 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 if overtime pay requirements are not met.Davis-Bacon contract
clauses allow contract termination and debarment of contractors from tubae 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 If you do not receive proper pay,or require further information on the applicable wages,contact
the Contracting Officer listed below.
Elizabeth Alvarado
CDBG Coordinator
City of Round Rock
221 East Main Streel
Round Rock.Texas 78664
512-341.3328
or contact the U.S.Department of Labor's Wage and Hour Division.
1-666-487-9243
O O
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EMPLEADOS.
Usted tiene el derecho de notificar a sit empleador o
a la OSHA sobre peligros en el lugar de trabajo.Usted - —
tambien puede pedir que la OSHA no revele su nombre.
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Usted tiene el derecho de pedir a la OSHA que realize 4
una inspection si usted piensa que en sit trabajo existen � �*"`'
condiciones peligrosas o poco saludables.Usted o sit
representante pueden participar en esa inspection. —t . rtes•
• Usted tiene 30 dial para presenter una queja an 1a �, ;v;�..�
OSHA si sitempleador Ilega a tomar represalias o
discriminar en sit contra por haber denunciado la --
condicion de seguridad o salud o por ejercer los
derechos consagrados bajo la Ley OSH.
Usted tierre el derecho de ver las citaciones enviadas r,
por la OSHA a sit empleador.Su empleador debe colocar r
las citaciones en el lugar donde se encontraron las
supuestas infracciones o cerca del mist-no. "
Su empleador Bebe corregir los peligros en el lugar
de trabajo para la fecha indicada en la citation y debe
certificar que Bichos peligros se hayan reducido o
desaparecido.
mai`i.= A'
Usted tiene derecho de recibir copias de Sit historial I i
o registro medico y el registro de sit exposition a
sustancias o condiciones toxicas o daninas.
Su empleador debe colocar este aviso en sit Lugar
de trabajo.
Usted Bebe cumplir con todas las normas de seguridad y salud
ocupacionales expedidas confomie a la Ley OSH que sean
aplicables a sus propias acciones y conducta en el trabajo.
EMPLEADORES
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Usted Bebe proporcionar a sus empleador un lugar de
empleo libre de peligros conocidos. 1
Usted debe cumplir con las nomias de seguridad y salud ❑ ❑
ocupacionales expedidas confomie a is Ley OSH. r
Equal Employment Opportunity is
T E L11NV
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 V11 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. M
job training,classification,referral,and other aspects of employment,on the basis promotion,discharge,pay,fringe benefits,job training,classification,referral,and X
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 CTCT
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 D
DISABILITY medical history);and requests for or receipt of genetic services by applicants, _
Title I 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-free)or 1.800-669-6820(toll-free TTY number for individuals with hearing
In addition to sex discrimination prohibited by Title VII 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
which an Armed Forces service medal was awarded).
INDIVIDUALS WITH DISABILITIES
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 M
affirmative action to employ and advance in employment qualified individuals immediately: X
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. r;
AND ARMED FORCES SERVICE MEDAL VETERANS 20210, 1-800-397-6251 (toll-free)or(202) 693-1337('I'M. OFCCP may also be -
The Vietnam Era Veterans'Readjustment Assistance Act of 1974,as amended,38 contacted by e-mail at OFCCP•PubGc@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 VII 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 If you believe you have been discriminated against in a program of any
cause discrimination in providing services under such programs.Title IX of the
institution which receives Federal financial assistance,you should immediately
Education Amendments of 1972 prohibits employment discrimination on the
basis of sex in educational programs or activities which receive Federal financial contact the Federal agency providing such assistance.
assistance.
EEOC 9102 and OFCCP8108 Versions Useable With 11/09 Supplement EEOC-PIE-1 (Revised 11/09)
La igualdad de oportunidades de empleo es
LA LEY
Empleadores prlvados,gobiernos locales y estatales, Instituclones educativas, agenclas de empleo y organbaciones de trabalo
Los postulantes y empleados de la mayoria de los empleadores privados,los gobiernos locales y estatales,las instituciones educativas,
las agencias de empleo y las organizaciones de trabajo estan protegidos por la ley federal contra la discrimination en funcion de:
RAZA,COLOR,RELIGION,SE:XO,PROCEDENCIA GENETICA
EI T talo VII de la fey de Derechos Guiles(Civil Rights Act)de 1964,con sus modificaciones. El Mtulo II de la Ley de No Discrimination por Information Genetica(Genetic Information
protege a los postulantes y a los empleados contra la disaitttinaoon en to que respecta a la Nondiscrimination Act,GINA)de 2008 protege a los postulantes y empleados contra
la
contratacion,los ascensos,los despidos,Jos pagos,las compensaaones adiaonales,la capantacion discrimination basada en la information genetica en to que respecta a la contratacion,los
laboral,la cI,vficaaon,las referenaas y los demas aspectus del empleo,en funaon de rarer color, ascensos,los despidos,los pagos,las compensations adicionales, -6 capacitation
laboral, m
religion,smo(ndwdas las embarazadas)o prooedencia La dismn inaaon rrWosa se refiere a la clasificacion,las referencias y los demas aspectos del empleo.La GINA lambien lirnita X
la talta de adaptation razonable a las prkticas reWosas de un empleado,siempre y cuando dicha la adquisicion de information genetica por parte de los empleadores y condiciona
de
adaptation no provoque una dificukad econ6mwa desmedida para la compar manera est ncta so divulgacion.La information genetica incluye las pruebas geneticas de
los postulantes,empleados o integrantes de sus familias,la manifestation de enfermedades r r
DISCAPACIDAD o trastomos de los miembros de la familia(historia medics familiar)y las solicitudes o la
Los Titulos 1 y V de la Ley de Estadounidenses con Discapacidades(Amencans with reception de servicios geneticos por parte de los postulantes,empleados o integrantes de
D
Disabilities Act)de 1990,con sus modificaciones,protege a las personas idoneas contra sus famibas.
la discrimination por discapacidad en to que respecta a la contratacion,los ascensos,los
despidos,los pagos,las compensaciones adicionales,la capacitation laboral,la clasificacion, REPRESAUAS
las referencias y los demas aspectos del empleo.La discrimination por discapacidad se Todas estas Jeyes federales prohiben a las entidades cubiertas que tomen represalias
refiere a la falta de adaptaciones razonables para las hn-taciones 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 postulants o on empleado,salvo procedimiento por discrimination o que,de algon otro modo,se opone a una prictica
que dichas adaptaciones provoquen una dificultad economics desmedida para la companies laboral ilicita.
EDAD QUA DESE MACER SI CONSIDERA QUE ES VICTIMA DE LA DISCRIMINACION
La Ley contra la Discritninacion Laboral por Had(Age Discrimination in Employment Existen plazos estrictos para 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 Cornision 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 ascensos,los despidos,los pagos,las compensationes adicionales,la capacitation y proteger so derecho a iruciar una demanda privada si fuese necesario en ultima
laboral,la clasificacion,las referencias y los demis aspectos del empleoinstancia,debe comunicarse con la EEOC apenas sospeche que se produjo on hecho
de discrimination:Comision para la Igualdad de Oportunidades en el Empleo de los
SERO(SALARIOS) Estados Unidos,1-8OP889 4000(linea gratuita)o 1-8006646M(linea gratuita TTY para
Ademis de to establecido en el Titulo VII de la Ley de Derechos Civiles,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.ecoc.gov o en la mayoria de las guias telef6nicas en la section
sus modificaciones,tambien prohrbe la discrimination sexual en el pago de los salarios Gobiemo Federal o Gobiemo de los Estados Unidos.Tambien puede obtener information
a las mujeres y Jos hombres que realicen basicamente e)mismo nbajo,en empleos que adicional sobre la EEOC,incluso tomo presentar un cargo,en www.eeoc.gov.
requieran las mismas habilidades,esfuerzo y responsabilidad,en condiciones laborales
similares,en el mismo establecimiento.
Empleadores que tengan contratos o subcontratos con el goblerno federal
Los postulantes y empleados de las companias que tengan un contrato o subcontrato con el gobierno federal
estan protegidos por la ley federal contra la discrimination en funcion de:
RAZA,COLOR,RELIGON,SEXO,PROCEDENCIA (en el plazo de los tres anos posteriores a la baja o al cese del servicio activo),otros
EI Dec eto Ejecutivo 11246,con sus modificadones,prolube la dis runinadon en el trabajo veteranos bajo protection(los veteranos que prestaron servicio durante una guerra o
en fundon de raza,color,religion,sato o procederma y cage que se implementer actions en una campana o expedition para la cual se les autorizo una insignia de campana)y los
afirmat ris para garantiaar la VWdad de oport mdades en todos los aspectos laborales veteranos con medalla por servicio a las Fuerzas Armadas(aquellos que durance el servicio
activo,participaron en una operation rniblar de los Estados Unidos por la coal se los
PERSONAS CON DISCAPACIDADES reconocio con una medalla por servicio 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 discriminad6n por discapacidad en REPRESALIAS
to que respects a la contratacion,los ascensos,los despidos,los pagos,las compensations Quedan prohibidas las represabas contra una persona que presenta una demanda por
adicionales,la capacitation laboral,la clasificacion,las referencias y los demas aspectos del discriminacidn,participa en on procedimiento de la Oficina de Programas de Cumplimiento
empleo.la discrimination por discapacidad se refiere a la taps de adaptations razonables de Contratos Federales(Office olFederal Contract Compliance Pfograms,OFCCP)o que se
para las limitationes fisicas o mentales de una persona idonea que bene una discapacidad y oponga,de algtin otro modo,a la discrimination seg6n estas leyes federales.
que es un postulante o un empleado,salvo que dichas adaptations provoquen una dificultad Toda persona que considere que on contratista violo sus obligaciones de action alirmativa
economica desmedida para la companies LA Section 503 tambien erage que los contratistas o no discriminacion se&n las autoridades mencionadas anteriormente debe comunicarse m
federales implementen acciones afirmativas para emplear y avanzar en el empleo de personas de inmediato con: x
idoneas con discapacidades en todos los niveles laborales,incluido el nivel ejecutivo.
La Ofitina de Prograrnas de Crunplimiento de contratos Federales(OFCCP),I)epartamento �
VETERAN05 DISCAPACITADES,RECItN RETIRADOS,BAJO PROTECC16N de Trabajo de los Estados Unidos,200 Constitution Avenue,N.W.,Washington,D.C.20210,
Y CON MEDALLA POR SERVICIO A LAS FUERZAS ARMADAS telefono 1-80439716251(linea gratuita)o(202)6931337(linea Til').Tambien puede enviar D
U Ley de Asistencia a la Readaptacion de Veteranos de Vietnam(Vietnam Era on mensaje de correo electronico a la OFCCP(OFCCP-Public®dol.gov)o bien,hamar a _
Veterans'Readjustment Assistance Act)de 1974,con sus modificaciones,38 U.S.C.4212, una de sus oficinas regionales o del distrito,las cuales aparecen en la mayoria de las guias
prolube la discrimination laboral y exige que se implementen acciones attrmativas telefonicas en la section Gobiemo de los Estados Unidos,Departamento de Trabajo.
para emplear y avanzar en el empleo de los veteranos discapacitados,recien retirados
Programas o actividades que reciben asistencia financiera federal
RAZA,COLOR,PROCEDENCIA,SEXO PERSONAS CON DISCAPACIDADES
Ademis de las protections estableadas en el T(tulo VII de la Ley de Derechos Civiles de 1%4 La Seccion 504 de la Ley de Rehabibtacion de 1973,con sus modifiraciones,prolube la
n
y sus modificaciones,el MUo VI de dicha ley,con sus modifications,prolube la disaiminadon discriminacion laboral por discapacidad en cualquier programa o actividad que reciba
por ram,color o prorrdencia en los programas o las actividades que reciban asistencia futandera asistencia financiera federal.Queda proWbida la discrimination en todos los
aspectos
federaL La discunirtadon]aboral esti cubierta por el11 ulo Vl s el objeuvo principal de la Iaborales contra las personas discapacitadas que,con o sin adaptaciones razonables,
asistencia financiera es brindar empleo,o si la discrimination]aboral prvvoca o puede provocar pueden desempenar las funciones esenciales del trabajo.
disa-immadon cuando se proporcionan los servidos de dichos programas.El'I)tub IX de las Si tree que ha sido victima de discrimination en algun programa de una institution que
Reformers Educanvas de 19M prohrbe la discrimination laboral Begun el sexo en los programas reciba asistencia financiera federal,debe comurkarse de inmediato con la agencia federal
o las actividades educativas que redben asistencia financiera federal que brinda dicha asistencia.
Versions utilizables de la EEOC 9102 y la OFCCP 8108 con el Suplemento 11109 EEOC-PIE-1 (Revisado 11/09)
Exhibit "A"
DERECHOS DEL EMPLEADO
BAJO LA LEY DAVIS-BACON
EMPLEADOS EN PROYECTOS
CONSTRUCCION FEDERAL • CON
ASISTENCIA FEDERAL
SALARIOS No se Is puede paper manus de Is We do papo Irdkeda an Is Dacisidn de Sererias Davis-Bacon filed&con
PREVALECIENTES 's°Avloo pore at traba►o quo Ud.deeempalU.
SORRETIEMPO So Is he de paper no morin do tiampo y mado d•su two b4sica do pogo par Codas lea home trabeladas
an exceso de 40 an une semen!aboral.Existen pocas excepclor aw.
CUMPLIMIENTO Se pueden retener pagos pof contratos peva asegurarse quo los obrems redban loa salarfos y el pogo
ds sobrsfbmpo debi0os.y se podia aplicar dartos y perlulcios at no se oumple con las exigenclas del
pago de sobroliempo.Les cidusulas oontractual»de Oavis-Baoon parmten Is term'vuci6n y exclusion
de contratistas pare efaduar Afiros corftaloa federales Aosta ares erlos.EJ oontratisla quo felslflqus
los fegtatros cortipcados do les n6mkws de papo o hduzca devoludones de selartos puede ser s%Aoto a
procesaml"o civil o crbr&al•mulles y/o encarcelamlenlc.
APRENDICES Las lases de aprandicee solo se spliran a aprondices correctamente Inscrilos bajo programer federates o
asletales aprobedos.
PAGO APROPIADO SI Ud.no reubs al pogo apropisdo•o precise do Inforrnecl6n adicional sobre los sals6os apI cables,
p6n9ase on confacto con el Contratisla Oficial quo aprece abalo:
o p6npaae on contecto con Is Divisl6n de Homs y Selarios del Departamenlo do Trebalo de los£E.UU.
❑. O
WHOe • • •
o
Exhibit "A"
Federal Labor Standards Provisions U.S.Department of Houaing
and Urban Development
Office of Labor Relations
Applicability (1) 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. (t) 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) If 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 or 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
5.5(a)(1)(iv); also, regular contributions made or costs
(c) In the event the contractor, the laborers or mechanics
Incurred for more than a weekly period (but not less often to be employed in the classification or their
thanquarterl y) 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 Id) The wage rate (including fringe benefits where
29 CFR 5.5(a)(1)(li) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs
1321) shall be posted at all limes by the contractor and its (1)(il)(b) or (c) of this paragraph, shall be paid to 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
workers. the classification.
(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 rale and wage 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 HUD-4010(0&2009)
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 (II) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a copy of all
cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to
contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the
contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant
subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to
which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered accurately and completely all of the information required
necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(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 htfo://www.dol aov/esa/whd/forms/wh347instr.hfm or its
payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for
violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the
disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the
contracts. contractor will submit the payrotis 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 I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.)
weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has 'Statement of Compliance,' signed by the contractor or
found under 29 CFR 5.5 (a)(11)(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)(ii), 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(06/2009)
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
(e) The weekly submission of a property executed
registered program shall be observed Every apprentice certification set forth on the reverse side of Optional Form must bepaid at not less than the rate specified in
the
registered program for the apprentice's level of progress,
WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate
'Statement of Compliance' required by subparagraph specified in the applicable wage determination.
A.3.(ii)(b). Apprentices shall be
pp 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 16 and Section apprentices must be paid the full amount of fringe benefits
231 of Title 31 of the United States Code. listed on the wage determination for the applicable
(III) 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 fails 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 (ll) 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 (or the trainee's level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rete
Office, or it 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 a program associated with the corresponding journeyman
pp apprentices to
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 HUD-4010(062009)
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, (II) 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
withdraws approval of a training program, the contractor (III) The penally for making false statements is prescribed
n 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
parr 'Whoever, for the purpose of . . . influencing in any
(Ili) 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 $5.000 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
S. 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
S. 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 g 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'latwrws 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 taborer or mechanic receives
8. Compliance with Davis-bacon and Related Act Requirements. compensation at a rete not less then one and one-half times the bask
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 States (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 HU0-4010(06/2009)
Page 4 of 5 ref.Handbook 1344.1
Exhibit "A"
(7) 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(06/2009)
Page 5 of 5 ret.Handbook 1344.1
Exhibit "A"
Federal Labor Standards Provisions U.S.Department of Housing
and Urban Development
Office of Labor Relations
Applicability (1) 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) If 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 or 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
(e) 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 re be employed in the classification or their
than quarterly) under tans, funds, or representatives, and HUD or its designee do not agree on
q y) p programs, which the proposed classification and wage rate (including the
cover the particular weekly period, are deemed to be
constructive) made or incurred during such week) amount designated for (range benefits, where appropriateg
y g y period.
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 rale (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 or (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.
(II) (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 wage determination or shall pay another bona fide fringe
fringe bene/its 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 HUD-4010(0&2009)
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 (II) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a copy of all
cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to
contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the
contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant
subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to
which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered accurately and completely all of the information required
necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(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 hffo://www.do/aov/esa/whd/formslwh3471nstr.htm or its
payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for
violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the
disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the
contracts. contractor will submit the payrolls to the applicant
3. (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
classlfication, hourly rates of wages paid (including rates contractor for its own records, without weekly submission
of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number
in Section I(b)(2)(8) 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)(ii), 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(0612009)
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 rale specified in the
certification set forth the reverse side of Optional Form registered program for the apprentice's level of progress,
WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate
'Statement of Compliance' required by subparagraph specified in the applicable wage determination.
A.3.(ii)(b). 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 States Code. listed on the wage determination for the applicable
(III) 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 fails 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, alter 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 (II) 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
(I) 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 it 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 Stale 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 HUD-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, (II) 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 $5.000 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
S. 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 B. Contract Work Hours and Safety Standards Act The
subcontracts. The prime contractor shall be responsible provisions of this paragraph 8 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'taborers'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
8. 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
8. 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 States (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 HUD-4010(06t2009)
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 Slat 96) 40 USC
37701 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(06/2009)
Page 5 of 5 ref.Handbook 1344.1
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, 5,6, and 7
In carving 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 (O/T) 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 cant' 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— 18 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—Tide VII of the Civil Rights Act 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
of Labor;
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 131-9 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, 1%5, 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 Ad 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 ), 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 seq;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 fact 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)6(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"
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 tower-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-Federal 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 partes 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]
Exhibit "A"
Bowman Park Improvements CDBG 2021
"General Decision Number: TX20240007 01/05/2024
Superseded General Decision Number: TX20230007
State: Texas
Construction Types: Heavy and Highway
Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos,
Burleson, Caldwell, Comal, 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
Bell, 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 14026 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)(1) .
JIf the contract is entered Executive Order 14026
linto on or after January 30, generally applies to the
12022, or the contract is contract.
renewed or extended (e.g., an The contractor must pay
option is exercised) on or all covered workers at
after January 30, 2022: least $17.20 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2024.
JIf the contract was awarded oni . Executive Order 13658
for between January 1, 2015 andl generally applies to the
January 29, 2022, and the contract.
contract is not renewed or The contractor must pay alll
lextended on or after January covered workers at least 1
130, 2022: 1 $12.90 per hour (or the
Exhibit "A"
applicable wage rate listed)
on this wage determination, )
if it is higher) for all
hours spent performing on
that contract in 2024.
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
SUTX2011-006 08/03/2011
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving and
Structures). . . . . . . . . . . . . . . . . . . . . .$ 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. . . . . . . . . . . . .$ 10.50 **
Laborer, Utility. . . . . . . . . . . .$ 12.27 **
Pipelayer. . . . . . . . . . . . . . . . . . .$ 12.79 **
Work Zone Barricade
Servicer. . . . . . . . . . . . . . . . . . . .$ 11.85 **
PAINTER (Structures). . . . . . . . . . . . .$ 18.34
POWER EQUIPMENT OPERATOR:
Agricultural Tractor. . . . . . . .$ 12.69 **
Asphalt Distributor. . . . . . . . .$ 15.55 **
Exhibit "A"
Asphalt Paving Machine. . . . . .$ 14.36 **
Boom Truck. . . . . . . . . . . . . . . . . .$ 18.36
Broom or Sweeper. . . . . . . . . . . .$ 11.04 **
Concrete Pavement
Finishing Machine. . . . . . . . . . .$ 15.48 **
Crane, Hydraulic 80 tons
or less. . . . . . . . . . . . . . . . . . . . .$ 18.36
Crane, Lattice Boom 80
tons or less. . . . . . . . . . . . . . . .$ 15.87 **
Crane, Lattice Boom over
80 tons. . . . . . . . . . . . . . . . . . . . .$ 19.38
Crawler Tractor. . . . . . . . . . . . .$ 15.67 **
Directional Drilling
Locator. . . . . . . . . . . . . . . . . . . . .$ 11.67 **
Directional Drilling
Operator. . . . . . . . . . . . . . . . . . . .$ 17.24
Excavator 50,000 lbs or
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 12.88 **
Excavator over 50,000 lbs. . .$ 17.71
Foundation Drill, Truck
Mounted. . . . . . . . . . . . . . . . . . . . .$ 16.93 **
Front End Loader, 3 CY or
Less. . . . . . . . . . . . . . . . . . . . . . . .$ 13.04 **
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. . . . . . . . . . . . . . . .$ 14.04 **
Trenching Machine, Heavy. . . .$ 18.48
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 **
Exhibit "A"
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 ($17.20) or 13658
($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
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 E0, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/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) (iii)) .
----------------------------------------------------------------
Exhibit "A"
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Exhibit "A"
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour 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 formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Exhibit "A"
2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
----------------------------------------------------------------
----------------------------------------------------------------
END OF GENERAL DECISION"
Exhibit "A"
ROUND ROCK TEXAS
PURCHASING DIVISION
ADDENDUM
CITY OF ROUND ROCK,TEXAS
Solicitation: RFP 24-032 Addendum No: 1 Date of Addendum: 5/21/24
This addendum is to incorporate the following changes to the above referenced solicitation:
I. Pre-Bid Meeting: The date of the Pre-Bid meeting has been changed to Thursday, 5/23/24 @ 10:OOAM CST.
The meeting remains optional.
Il. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
By the publication of this document on the City of Round Rock Bonfire website this addendum is hereby incorporated into
and made a part of the above referenced solicitation.
Exhibit "A"
ROUND ROCK TEXAS
PURCHASING OMSION
ADDENDUM
CITY OF ROUND ROCK, TEXAS
Solicitation: RFP 24-032 Addendum No: 2 Date of Addendum: 5/31/23
This addendum is to incorporate the following changes to the above referenced solicitation:
I. Clarifications:
A. PART III Section 2. PERFORMANCE BOND& LABOR& MATERIAL PAYMENT BOND has been
removed from the solicitation. No bonds will be required.
B. PART IV Section 7. Item C. Perform concrete flatwork, rockwork,site furnishings, asphalt paving,
etc. associated with the design of the Project. Has been removed from the solicitation.
II. Questions:
Q: Can you please provide the substantial completion date for this project? Is the substantial completion
date a firm date or open to flexibility based on the manufacturing lead times?
A: There is no completion date but the City would like this to be completed as soon as possible.
Q: There is a service gate onsite. Will this be opened for us to access the site?
A: Yes
Q: For drainage,we're assuming you want us to connect to existing drainage&just repair any drainage
that gets damaged during the demo/construction. Please clarify if you are/aren't looking for the
vendor to completely redesign the drainage.
A: Correct, vendor will be responsible for connecting drainage.
Q: Is a 6 ft. tall metal construction fence required for site security?
A: No. Orange construction fencing is acceptable.
Q: What kind of site security is desired?
A: At contractors' discretion
III. Additional Information: Deadline for submission of questions has been extended to 6/12/24 @ 5:OOPM CST.
IV. Extension: The proposal due date is hereby extended until Thursday, 6/27/24 at 3:OOPM CST.
V. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
By the publication of this document on the City of Round Rock Bonfire website this addendum is hereby incorporated into
and made a part of the above referenced solicitation.