CM-2025-220 - 9/12/2025 CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF DEMOLITION AND INSTALLATION SERVICES FOR
THE CDBG GREENHILL PARK PLAYGROUND PROJECT
WITH
PLAY WORKS,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 Greenhill Playground Project through the
Community Development Block Grant (CDBG) Program (referred to herein as the
"Agreement"), is made and entered into on this the 12th day of the month of
Ce, b.e( , 202 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 PLAYWORKS, INC., whose offices are
located at 203A State Highway 46 East, Boerne, Texas 78006(referred to herein as"Vendor").
RECITALS:
WHEREAS, City desires to purchase certain services, specifically playground demolition
and installation services at Greenhill 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 Vendor 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 Vendor whereby
City agrees to buy specified goods and services and Vendor is obligated to sell same. The
e M—2-C25 —22v 1
Agreement includes the Request for Proposal ("RFP"), Solicitation No. 24-032) dated May 2024
and the Vendor'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 Vendor to comply
with promised delivery dates, specifications, and technical assistance specified.
2.01 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. This Agreement shall terminate upon the completion of the playground work as
described in Exhibit"A."
C. City reserves the right to review the relationship with Vendor at any time and may
elect to terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS
The Contract Documents shall consist of: 1) this Agreement; 2) the RFP; and 3) the
Vendor's Proposal; and 4)any additional exhibits described herein and attached hereto.
4.01 SCOPE OF WORK
Vendor 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.
Vendor shall satisfactorily provide all deliverables and services described in Exhibit "A"
within the contract term specified. A change in the Scope of Services must be negotiated and
2
agreed to in all relevant details and must be embodied in a valid written Supplemental
Agreement executed by both parties.
5.01 CONTRACT AMOUNT
In consideration for the deliverables and services related to the deliverables, the City
agrees to pay Vendor Forty Thousand Two Hundred Thirty and 48/100 Dollars ($40,230.48)
for the services set forth in Exhibit"A."
6.01 INVOICES
All invoices shall include,at a minimum,the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may affect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty(30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
3
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition,Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
12.01 CITY'S REPRESENTATIVES
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Katie Baker
PARD Development Manager
301 W. Bagdad Avenue, Suite 250
Round Rock,Texas 78664
(512)341-3355
kbaker(a,roundrocktexas.gov
Elizabeth Alvarado
CDBG Coordinator
221 East Main Street
Round Rock,Texas 78664
(512)341-3328
elvarado@roundrocktexas.gov
4
13.01 INSURANCE
Vendor shall meet all City of Round Rock Insurance Requirements set forth at insurance
requirements as required by the City's Purchasing Department as set forth at:
https://www.roundrocktexas.gov/wp-content/uploads/2024/12/CORR-Insurance-08-2024.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 Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re-advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance"section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty(30)days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause,upon ten(10)days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
5
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement,no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution)against any third party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH FEDERAL REQUIREMENTS
The project described herein is being assisted by the United States of America. Vendor
acknowledges and agrees that this is a federally assisted project, and as such, Vendor shall
comply with all 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. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws,the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards,bureaus and agencies.
B. In accordance with Chapter 2271,Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) and will not
boycott Israel during the term of the contract. The signatory executing this Agreement on behalf
of Vendor verifies that Vendor does not boycott Israel and will not boycott Israel during the term
of this Agreement.
C. In accordance with 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
6
value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract
has a provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association, and
it will not discriminate during the term of this Agreement against a firearm entity or firearm trade
association.
D. In accordance with 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 Vendor verifies Vendor does not boycott energy companies, and it will not boycott
energy companies during the term of this Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
PlayWorks, Inc.
203A State Highway 46 East
Boerne, Texas 78006
Notice to City:
City Manager Stephanie L. Sandre,City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock,TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County,Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing,duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act(9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
8
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure.Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
[Signatures on the following page.]
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas PlayWorks, Inc.
By: By: /ki
Printed Name: Orojk.s feel Ct Printed Name: 112QJ7% 4iue/
Title: t1 Mauer Title: 865-, ,,,f d,G_j`l „,
Date Signed: 9/I Z11XJ25 Date Signed: g /Z_j
Attest:
By: )1()*Ij/
Ann r in, ity Clerk
For City, Approved as to Form:
By:
a to L. Sandre, City Attorney
Exhibit"A"
Last and Final Cost Proposal
M _,
.. -,- - • 44%.,,, 0 ' .
,. t a._ III ��
._ _
k 411
.� 77111
gm— :, _ 1,01 _.. ... .—rar •
C
A1L, a -
a'
Play Well Greenhill Park EIPLAYCRAFT
i Optn 1B o
PlayWell $ 110, 629. 35
PlayWorks $40,230.48
Total Project Cost $ 150,859. 83
PlayWorks, Inc.
Toll Free: (800)726-1816 Fax: (505) 296-8900
203A State Highway 46 East
Boerne,TX 78006
TERMS AND CONDITIONS
INVOICE TERMS
Tax funded and bonded projects only Net 30 days. Finance charge of 1.5% per month or maximum
allowable by law will be added to past due balance. All other entities required 50% down and balance
due upon completion.
OPEN ACCOUNT
Credit terms are available to municipalities, government agencies, school systems, bonded contractors,
and businesses(with prior approved credit).
METHODS OF PAYMENTS
CREDIT CARD FEE NOTICE: Credit card usage fee of 3.5% will be applied to sales settled by credit
card. No fees apply for payment by ACH, check, money order, and wire transfer. Sorry no C.O.D. orders.
CO-OP CONTRACT'S
Available for Co-Op's and agency accounts on many items.
PLAYGROUND SURFACING WARNING
All play equipment must be installed over impact absorbing surface. Go to www.cpsc.gov for more
information.
CONCEALED CONDITIONS—ROCKS, UTILTIES, IRRIGATIATION, SEWER & DRAIN,
SUPPLY ABANDONDED LINES
PlayWorks Inc., reserves the right to charge for additional manpower and equipment rental if
subcontractors encounter rock that cannot be penetrated to drill installation holes with a mechanical
auger. Other concealed conditions may include but are not limited to power and electrical lines, water
and gas lines, irrigation lines, sewer lines, drain lines and any and all abandoned lines. Marking utilities
and other subsurface lines are the responsibility of the end user. If any lines are damaged, all costs
associated with the repairing the line are the sole costs of the end user. Any associated losses are the
responsibility of the end user. PlayWell's Sales Associates will notify you and meet with you at the work
site to review the conditions requiring additional charges.
SITE ACCESS
You'll need a level site to make it free of any obstacles that might encroach upon the required fall zone
for your design. Dig-Tess (1(800) Dig-Tess) will call all the possible utility companies that may have
underground cables or piping running beneath the play area to mark where their runs might be. The site
for equipment to be installed must be accessible by heavy machinery (trucks, trailers, and Bobcats). In
the event this equipment is used at your site, please note there may be signs of access afterwards.
WEATHER DELAY
Unusual weather patterns,heavy rain, lightning or thunder conditions,and flooding"acts of God"or natural
disaster, wherein the project site is determined to be unworkable. The installation of your equipment will
be delayed.
INSTALLATION WILL BE ORDERED IMMEDIATELY UPON RECEIPT OF WRITTEN
APPROVALS. Please email or fax all pages.
Installation Quote#: 12981 Purchase Order#:
Signature: Date:
Installation Quote #•
PlayWorks www.playwellgroup.com
J 800.726.1816
PlayWorks.Inc. 505-296-8900(fax)
Athletic,Park,and Playground Equipment
Serving Colorado,Texas,New Mexico,Oklahoma.and Arkansas since 1988
Bill To: Installation Site: , Quote Details:
City of Round Rock City of Round Rock-Greenhill Park Date: 6/2/2025
Accounts Payable 1825 Nicole Circle
221 E Main Street Round Rock, TX 78664 Terms: NET 30
Round Rock, TX 78664 Exp Date: 7/2/2025
Sales Rep: CES
Phone: (512)218-5547 Phone: (512)218-5547 PO#:
\ \
Item Description Qty List Price Total
OPTION 1
INSTALLED BY TA MASONRY
INSTALL-TA MAS... INSTALLATION OF 8'SINGLE POST SWING BAY(2 SEAT) 1 535.16 535.16
INSTALL-TA MAS... INSTALLATION OF 8'SINGLE POST SWING BAY(2 SEAT)AB 1 399.11 399.11
INSTALL-TA MAS... INSTALLATION OF BELT SEATS 2 51.30 102.60
INSTALL-TA MAS... INSTALLATION OF FULL BUCKET SEATS 2 110.54 221.08
INSTALL-TA MAS... INSTALLATION OF R5 CUSTOM PLAY SYSTEM-R509D495B 1 18,065.89 18,065.89
INSTALL-TA MAS... INSTALLATION OF R5 CUSTOM PLAY SYSTEM-R50B5032B 1 7,667.33 7,667.33
INSTALL-TA MAS... INSTALLATION OF SAFETY SIGN(2-5,HDPE) 1 341.79 341.79
INSTALL-TA MAS... INSTALLATION OF SAFETY SIGN(5-12, HDPE) 1 341.79 341.79
RMVL-TA MASON... DEMOLITION OF EXISTING PLAYGROUND AND HAUL OFF 1 3,840.24 3,840.24
INSTALL-TA MAS... CONSTRUCTION FENCE 1 1,974.98 1,974.98
INSTALL-TA MAS... LANDSCAPE REPAIR FOR AREA CROSSING PARK FOR ACCESS 1 548.60 548.60
AND STAGING
INSTALL-TA MAS... INSTALL NEW PERIMETER PIPE FOR DRAINAGE 1 1,974.98 1,974.98
INSTALL-TA MAS... DAVIS BACON WAGES RATES 1 658.33 658.33
FIB-GWG INSTALLATION OF ENGINEERED WOOD FIBER 135 15.36 2,073.60
FAB-TA GEO FABRIC BY TA MASONRY 2,700 0.55 1,485.00
Need Help? Total $40,230.48
Call: 800-726-1816 Please review our attached Terms&Conditions for
Mon-Fri: 8AM to 5:00PM
invoice@playwellgroup.com complete detail regarding this Quote.
Ways to Pay Approval
Check Credit Card -Usage Fee 3.5% Quote Valid for 30 days. Install will be ordered upon
Remit Payment to: Call: 800-726-1816 receipt of written approvals and/or deposit.
PlayWorks, Inc. Mon -Fri: 8:00AM to 5:00PM
203A State Highway 46 East Date: / /
Boerne,TX 78006
VISA MSSCNelt ...FAou. = E echec
\ ' rimWIRHsrea _. Signature: J
City of Round Rock
Community Development Block Grant
Greenhill Park Playground
FP No. 25-017
May 13, 2025
Submitted by
The PlayWell Group, Inc.
203A State Highway 46 East
Boerne, TX 78006
1
ATTACHMENT A
SOLCITATION SUBMITTAL FORM AND EXECUTION
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): The PlayWell Group
SIGNATURE (INK/DIGITAL): eaaeSimmoK
NAME (TYPED/PRINTED): Carl Simmons
TITLE: Sale Consultant DATE: 5/12/25
STREET: 203A St, Hwy 46 East
CITY/STATE/ZIP: Boerne, TX 78006
TELEPHONE & FAX NO.: 512-426-5622
E-MAIL ADDRESS: carl@playWellgroup.com
FEDERAL TAX IDENTIFICATION NUMBER(FIN): 75-2658108
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/
ATTACHMENT B
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 25-017
RESPONDENT'S NAME: The PlayWell Group DATE: 4/28/2025
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 Director of Parks and Recreation
E-Mail Address shanm@pflugervilletx.gov
Present Address 400 Immanuel Rd
City, State, Zip Code Pflugerville,TX
Telephone Number ( 512 ) 990-6357 Fax Number: (
2. Company's Name City of Cedar Park
Name of Contact Mike DeVito
Title of Contact Director of Parks and Recreation
E-Mail Address Mike.Devito@cedarparktexas.gov
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 San Antonio
Name of Contact Sandy Jenkins
Title of Contact Parks Operations Manager
E-Mail Address Sandy.jenkins@sanantonio.gov
Present Address Municipal PlazaBld.114 W.Commerce St 11th floor
City, State, Zip Code San Antonio Tx 78205
Telephone Number ( 210-355-4716 ) Fax Number: (
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
ATTACHMENT C
SUBCONTRACTOR INFORMATION FORM
COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 25-017
RESPONDENT'S NAME: The PlayWell Group/PlayWorks DATE: 4/28/2025
• CIRCLE ONE - NO, I WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT NO
YES, I INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT dii,
If yes complete the information below
1. Subcontractor Name TA Construction
Name of Contact Theodore Alvarado
E-Mail Address taconstruction@yahoo.com
Address 14613 Colt Dr.
City, State, Zip Code Austin TX 78734
Telephone Number ( 512 )633-5431 Fax Number: ( )
Describe work to be Remove and dispose of existing equipment receive and install new
performed
Percentage of contract 40
Vo
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 0/0
work to be performed
• Add additional pages as needed
No exceptions
from PlayWell
PlayWell/Playworks will gladly comply with all applicable rules and regulations established by
Federal, State, or Local entities without any exceptions.
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 and other Davis Bacon/Labor Standards forms are available at the
following website address:
https://www.hud.gov/program offices/davis bacon and labor standards/olrform A
PDF copy can also be provided upon request.
• The Department of Labor (DOL) General Wage Decision Number TX 20250007 Published
on 01/03/2025 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 TX20250O07,
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.
I. CDBG Required Certifications
All required certifications should be reviewed, completed, and submitted with
the final bid/proposal packet. if these documents are not submitted, the
submittal will be deemed non-responsive and disqualified from possible award.
a. Prospective contractor/vendor is required to have an active registration in
the System for Award Management(SAM). Instructions on how to register
are included. The website link for registration is www.sam.Rov
b. The Certification Regarding Debarment and Suspension from must be
completed and submitted with final proposals.
c. The Request for Taxpayer Identification Number and Certification form must
be completed and submitted with final bid/quote.
d. Prospective contractor/vendor must review the Conflict-of-Interest
Summary of Rules for CDBG Contractors. The affidavit must be reviewed,
signed,and submitted. ANY possible conflict of interest must be reported.
e. Prospective contractor/vendor must complete and submit the Certification
Regarding Equal Employment Opportunity.
f. Prospective contractor/vendor must review and submit the Certification
Designating an Officer or Employee to Supervise Payment when Davis Bacon
Labor Standards apply to the project.
g. Prospective contractor/vendor should complete and submit the Clean Air
and Water Certification,if applicable.
h. Prospective contractor/vendor should complete and submit the Certification
on Non-Lobbying Activities. Additional information is included.
i. Prospective contractor/vendor must complete and submit the Non-Collusion
Affidavit. Additional information is included.
j. Information regarding use of Minority-Owned Business Enterprises/Women
Owned Business Enterprises is included.
k. If this project is subject to Section 3 compliance as explained in the
Instructions to Bidders, the documents should be reviewed and completed
as applicable.
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 Authonzed Official: .,_5V-QZ'AJIibl
Name of Contractor's Authorized Official: ecile A c frLll,Q
Title of Contractor's Authorized Official: 6CILUS SQ otii"
Date. 5-9 -.was
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 MBENVBEs 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 MBEIWBE subcontractor should contact for
additional information.
b. Sending letters or making other personal contacts with local, state, Federal,
and private agencies and MBE/WBE associations relevant to the project. Such
contacts should provide the same information provided in the direct contacts to
MBE and WBE firms.
3. Establishing delivery schedules, if feasible, which will encourage participation by
MBEs and WBEs.
Determination of Compliance
It is to be noted that bidders must demonstrate compliance with MBE/WBE
requirements to be deemed responsible. Demonstration of compliance shall
include, but is not limited to, the following information:
1. Names, addresses, and phone numbers of MBE/WBEs expected to perform
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 MBENVBEs, 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.
This form to be submitted with Bid:
MINORITY AND WOMEN'S BUSINESS ENTERPRISE UTILIZATION
/' /� WORKSHEET
C.Grant Applicant .t O( f�Ui.4„'l4 KLG�
Project Number 25 — Ol
Contractor/Engineer 'TN ?tell/jell L7SDu,p
Address,City,State,and Zip ZO3,4 5A-i,-1-c_1..ti,)Le—y 4(e cie�� 'oe:ne(x 770Otp
Contact Person ec..r, 51.'46445 5 Telephone No S7Z—YZ6-7702 Z_
Amount of Contract 7 Jv MBE Percentage U WBE Percentage: 0
I. MBE Subcontractor
WBE Address,City,State,Zip
Contact Person
Amount of Subcontract Tax ID Number
Scope Of Work
2. MBE ' Subcontractor
WBE Address,City,State,Zip
Contact Person
Amount of Subcontract Tax ID Number
Scope Of Work
3. MBE Subcontractor
WBE Address,City,State,Zip
Contact Person
Amount of Subcontract Tax ID Number
Scope Of Work
4. MBE Subcontractor
WBE Address,City,State,Zip
Contact Person
Amount of Subcontract _ Tax ID Number
Scope Of Work
THE P LAYW E L L GROUP, • Active Registration
INC.
Unique Entity ID CAGE,NCAGE Expnotion Dote
JLVNMMJB4NS5 061Q5 Nov a,zo25
SYSTEM FOR AWARD MANAGEMENT
REGISTRATION AND ACTIVATION
Any ib siness 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?
YES NO
2. If so, please provide your organization's Unique Entity ID (UEI#):
Bidders are required to provide the UEI#. To register, please access the
following Internet website:htto:/Isam.gov
What Is the UEI?
Beginning April 2, 2022, the federal government will stop using the DUNS
number issues by DUN and Bradstreet to uniquely identify entities. At this
point,entities doing business with the federal government will use a Unique
Entity Identifier(UEI) number assigned in the SAM.gov and will not longer
use a third-party website to obtain their identifier number. Entities are able
to manage organizational information, such as legal business name and
physical address associated with UEI number,directly from SAM.gov.
How do I register with SAM?
To register with SAM,go to the System for Award Management(SAM)site.
Follow the online instructions to complete SAM registration. If you have any
questions,please contact the Federal Service Desk at www.FSC.gov. Their
phone number is(866)606-8220.
PI PLAYCRAFT®
SYSTEMS
A pLA:'CORE Company
January 01,2025
RE: Playcraft Systems—IPEMA, USCPSC, Safety and Accessibility Compliance
To Whom It May Concern:
The playground equipment manufactured under the name Playcraft Systems, when properly installed,
and over compliant surfacing, meets or exceeds the current design of safety guidelines found in the
CAN/CSA Z614-20, ASTM F-1487-21, ADA and the Consumer Product Safety Commission (USCPSC),
where applicable, for playground designed for public use.
Additionally, Playcraft Systems is a member of the International Play Equipment Manufacturers
Association (IPEMA), with IPEMA Certified products. IPEMA provides Third Party Certification
service whereby a designated independent laboratory validates a manufacture's certification of
conformance to ASTM F-1487.
We also offer a wide range of accessible equipment designed to meet the latest guidelines developed
by the Federal Access Board.
Please feel free to contact me with any questions.
Sincerely,
C.S.SA—
C.J. Schatza
Vice President/General Manager
Playcraft Systems. LLC
(541) 955-9199, ext. 101
123 North Valley Drive,Grants Pass,OR 97526
www.playcraftsytems.com 541-955-9199
CONFLICT OF INTEREST
SUMMARY OF RULES FOR CDBG CONTRACTORS
L 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
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
lL. City Officials,Their Family,or Business Partners Benefitting from CDBG
Projects.
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
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.
III. 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
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:
5-9 -aoa S -T ,�?i lQlullGCOuP
Printed Name and Title: Authorized Signatory:
"Zode 24�441,,Nag� -
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:
I,the undersigned,certify and report that to the best of my knowledge,
o I have no conflict of interest to disclose
o I have the following conflict of interest to disclose:
Date: Company/Vendor Name:
Printed Name and Title: y
e Authorized Signatory.
30L�1S r41�tt> 114/ Jn 45 SXV'Y+
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
I.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, thal its certification was erroneous when submitted or has become
declined ineligible,or voluntanty extruded 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 wittun a three.year penal 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, prInupal, proposal, and
of fraud or a criminal offense in connection oath obtaining,attempting to voluntarily excluded, as used in INS clause,have the meanings
obtain, or performing a public (Federal, State, or local) transaction or set out In the Definitions and Coverage sections of the rules
contract under a pubic 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 being submitted for
falsification,or destruction of records.making false statement or recemng assistance:n obtaining a copy of these regulations
stolen property
6 The prospective primary participant egrets by submitting this
c.Are not presently indicted for or otherwise culminasy or civilly charged by proposal that,should the proposed covered transaction be entered
a governmental entity(Federal.State or local)with commission of arty of into,it shall not knowingly enter any lower tier covered transaction
the offenses enumerated in paragraph(1)(b)of this certification.and with a person who is debarred,suspended,declared ineligib►e,or
voluntarily excluded from participation er this covered transaction,
d Have not within a three-year period preceding this application/proposal unless authorireo by the department or agency entenng into this
had one or mete public transactions:Federal State or ledai)terminated tot transaction
cause or default
7 The prospective primary participant further agrees by submftng
2.Where the prospective primary participant is unable to c ertiy to any of this proposal that d wilt Include the clause titled "CerMcaton
Me statement in this certification,such prospective participant shall atta.-sh Regarding Debarment. Suspension. Inetigibitiy and Voluntary
en explanation to this proposal Exclusion - tower Tier Covered Transaction.' provided by the
department or agency entering into this covered transaction,without
Instructlona for Certification(A) modification. in all lower tier covered transactions and in all
solicitations for tower tier covered transactions
1 By signing and submitting this proposal, the prospective primary
participant is providing the certification set out below 13 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 it is not debarred. suspended. ineligible. or
not necessary result in denial of participation in this covered transaction voluntarily excluded form the covered transaction,unless it knows
The prospective panto pant shall submit an explanation of why it cannot that the certification is erroneous A partiopant may decide the
provide the certification set out below. The certification or explanation will method and frequency by which it determines this eligibility of its
be considered in connection with the department or agency's pnnopafs. Each participant may.but is not required to check tea
determinebon whether to enter into this transaction However,failure of Non-procurement hst
the prospective primary participant to furnish a certification of the
prospective primary participant to furnish a certification or an explanation 9 Nothing contained in the foregoing shall be construed to require
shall disqualify such person from participation in this trensection 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 maternal representation of fact upon information of a participant is not required to exceed that which is
which reliance was in piece when the department or agency determined to normally possessed by a prudent person in the ordinary course of
enter into this transaction. Hit is later determined that the prospective business dealings
primary participant knowingly rendered en erroneous certification, in
addition to other remedies evadable to the Federal Government the 10.Except for transactions authonzed under paragraph(6)of these
department or agency may terminate his transaction for cause or default instructions. if a participant in a covered transaction knowingly
enters into a lower tier covered transaction win a person who is
suspended, debarred, ineligible, or voluntanly 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(3198O
CMtfIcation B: Certification Regarding Debarment, Suspension.
inallglble and Voluntary Exclusion-Lower Ter Covered Transactions
1. The prospective lower tier pariopant certifies, by submission of bus S The prospective klwur Der participant agrees by submitting Nis
proposal,Net neither it not As principals Is presently debarred,suspended. proposal that.should the proposed covered transaction be entered
proposed for debarment, declared ineligible. or voluntarily excluded from into.A shall not knowingly enter into an lower leer 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 tier partapsnt is unable to testify to any of unless authorized by the department or agency with which this
the statements in this certification,such prospective barLapant shall attach transaction originated
an explanation to this proposal
6 The prospective lower Der participant further agrees by
Instructions for Certification(B) submitting this proposal that it will include this clause titled
'CertfIcabon Regarding Debarment, Suspension,Ineligibility and
t. by signing and submitting tt+rs proposal, the prospective tower tier Voluntary Exclusion - lower Tier Covered Transaction,' without
participant is providing the certification set out below rrtodlficatgn, in all rower her covered transactions and in all
solicitations for lower tier covered transactions
2 The certtficatron m this clause,s a material representation of fad upon
which reliance was placed when this transaction was entered Into If it is 7 A participant in a covered transaction may rely upon a
tater determined that the prospective tower tier participant knowingly certification of a prospective participant in a lower b r covered
rendered an erroneous certification.in addition to other remedies available transaction that it ,s not debarred, suspended, ineligible, or
to the Federal Govenvnent, 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 not required to.check the
3 The prospective lower Der participant shalt provide immediate written Non-procurement list.
riulice to the person to which this proposal is submitted A at any time the
prospective lower ear participant learns that its certification was erroneous 8 Nothing contained in the foregoing shall De 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 clause. The knowledge and
4 The terms covered transaction, debarred, suspended, lnellglbN, information of a participant is riot required to exceed that which is
lower der 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
the cause, have the meanings sat out In the Definitions and Coverage
sections of rules implementing Executive Order 12549 You may contsc' 9 Except for transactions authorized under paragraph(Si of these
the person to which Ibis proposal is submitted for assistance in obtaining a instructions. if a participant in a lower covered transaction
copy of these requisitions. knowingly enters into a lower tier covered transaction with a person
who Is suspended,debarred.ineligible,or voluntady excluded bran
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
with which this transaction originated may pursue available
remedies including suspension and/or debar ant
Applicant Date
���ic bell GCCIA)4 5 -9 -a0a5
Signature of AutMn Certifying Official I Title
44141
Page 2 of 2 lam HVD-2992(3/98)
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
Bidder's Name: .ilf--- - Wt,l1 i--
Address and Zip Code: p TQ__ + LLQ t
Bidder has participated in previous contract or subcontract subject to the Equal
Employment Opportunity Clause
Yes _ No (If answer is yes,identify the most recent contract)
Compliance reports were required to be filed in connection with such contract or
subcontract
Yes _,X No (If answer is yes,identify the most recent contract)
Bidder has filed all compliance reports due under applicable instructions,including St- 100
Yes No _ None Required
.t If answer to Item 3 is"No",please explain in detail on the reverse side of this
certification.
Certification,- The information above is true and complete to the best of my knowledge and belief.
Aininni a 4 - j4LQ S. a/
i Jan, gnrr ple^. -^1
5 - �
s, ;Yale
FiU , _
NON-COLLUSION AFFIDAVIT Of PRIME BIDDER/SUBCONTRACTOR
State of Texas)
County of Williamson)
City of Round Rock)
/alba?, ,SG /GW ,being first duly sworn,deposes and says that:
1.He/she is of 6I U e/vgi"CC of �' C
(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 I have read and understand the document and agree(s)to comply with the terms and conditions
contained as the date hereof;8.I the Bidder am not indebted to the City of Round 3ck in any form or
manner. / �t Q/��
Signature: ( �i.Ccf.� Date: OS'Iz 6/02
Title: 145 n Notary:
(Apply Notary Seal)(Print or type names under all signatures)
��rA� 1A fWNi����/
YP
Py .
•of. • '9T ,'�
� 0F�
• F 40531%5.. ,;
79?
gil6..
2 \\\\\
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 aft 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.
SoQ o -
NAME
foal AkgrIjsil S- 9 -.)05
SI..FA- U
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.
1. Davis-Bacon Act-29 CFR Parts 1, 3, 5, 6, and 7
In carrying out this Agreement, the Contractor agrees to comply with the requirements of the
Davis- Bacon Act, which requires the payment of prevailing wage rates(which are determined
by the U.S. Department of Labor) to all laborers and mechanics on Federal government and
District of Columbia construction projects in excess of $2,000. Construction includes alteration
and/or repair, including painting and decorating, of public buildings or public works. A Davis-
Bacon wage decision (or wage determination) is a listing of various construction work
classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage
rates (and fringe benefits, where prevailing) that workers who perform work in those
dassifications 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 carry a liquidated damages penalty($10/day per
violation). Intentional violations of CWHSSA standards can be considered for criminal
prosecution. CWHSSA does not apply to construction or rehabilitation contracts that are not
subject to Federal prevailing wage rates. CWHSSA applies to prime contracts greater than
$100,000 and to all subcontracts and lower-tier subcontracts or the Subcontractor.
3. Copeland"Anti-Kick Back"Act— 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
regulates permissible payroll deductions.
4. Equal Employment Opportunity—Title 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, induding 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 for employment;
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
invoked as provided in Executive Order 11246 of September 24, 1%5,or by rule, regulations
or order of the Secretary of Labor, or otherwise provided by law; and
10. Indude paragraph B, and B1-9 in every subcontract, lower-tier subcontract or purchase
order unless exempted by rules, regulations or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September 14, 1965, so that such
provisions will be binding upon each Subcontractor or vendor. The Contractor will take such
action with respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided,however,that in the event a Contractor becomes involved in,or is threatened with,
litigation with a Subcontractor or vendor as a result of such direction by the administering
agency the Contractor may request the administering agency to enter into such litigation to
protect the interests of the United States.
C. The Contractor further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in Federally-assisted
construction work: Provided, that if the applicant so participating is a state or local
government,the above equal opportunity clause is not applicable to any agency, instrument
or subdivision of such government which does not participate in the work on or under the
contract.
D. The Contractor agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of Subcontractors with the
equal opportunity clause and the rules, regulations and relevant orders of the Secretary of
Labor,that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing
compliance.
E. The Contractor further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a Subcontractor
debarred from,or who has not demonstrated eligibility for,government contracts and Federally
assisted construction contracts pursuant to the executive order and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
Contractors and Subcontractors by the City or the Secretary of Labor pursuant to Part II,
Subpart D of the executive 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.
5.Title VI of Civil Rights Act of 1964—42 U.S.C. § 2000d et seq.
During the performance of this contract, the Contractor,for itself, its assignees and successors
interest (hereinafter referred to as the"Contractor"), agrees as follows:
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 exdusive 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, induding, 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 induding 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 and9
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
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 dause,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.
8.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.
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
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
Subcontractor. The
U.S. Department of Housing and Urban Development reserves a royalty-free, nonexdusive 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 indude 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.
No persons described in A through D above who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to participate
in a decision-making process or gain inside information with regard to such activities,may obtain
a financial interest in any contract, or have a financial interest in any contract, subcontract or
agreement with respect to the CDBG-assisted activity,or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one(1)year thereafter.
20. Records Retention—24 CFR Part 85.42(a)-(d)
The Contractor shall comply with the CDBG records retention regulations. Financial, program,
supporting, statistical and other records pertinent to this contract and the grant program shall
be maintained for 4 years (24 CFR Part 570(a)(16)). However, if any litigation, claim,
negotiation,audit or other action involving the records starts before the expiration of the 4 year
period,the records must be retained until completion of the action and resolution of all issues
which arise from it, or until the end of the 4 year period,whichever is later.
21. Records Access—24 CFR Part 85.42(e)&(f)
The Contractor shall give access to all records, pertinent books, documents, papers or other
records related to this contract to the awarding agency,the Comptroller of the United States
and any of their authorized representatives in order to audit, examine, excerpt and transcribe
information as needed.
HUD-4010 U.S. Department of Housing and Urban Development
Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards
A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being
assisted by the United States of America,and the following Federal Labor Standards Provisions are
included in this Contract pursuant to the provisions applicable to such Federal assistance.
1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work(or otherwise working in
construction or development of the project under a development statute),will be paid
unconditionally and not less often than once a week,and without subsequent deduction or rebate
on any account(except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of basic hourly wages
and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics.As provided in 29 CFR
5.5(d) and (e),the appropriate wage determinations are effective by operation of law even if they
have not been attached to the contract. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under the Davis-Bacon Act(40 U.S.C. 3141(2)(B))on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of
paragraph(a)(1)(v)of these contract clauses;also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans,funds, or programs which
cover the particular weekly period, are deemed to be constructively made or incurred during such
weekly period.Such laborers and mechanics must be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification(s)of work actually performed,without
regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the
time actually worked therein:Provided, That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.The wage determination (including any
additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii))and the Davis-Bacon
poster(WH-1321) must be posted at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by the workers.
ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under
the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to§ 1.3(f),
wage and fringe benefit rates for classifications of laborers and mechanics for which conformance
requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:
1. The work performed by the classification is not performed by a classification in the wage
determination for which a prevailing wage rate has been determined;
2. The classification is used in the area by the construction industry; and
3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates
contained in the wage determination.
B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR
5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage
and fringe benefit rate listed on the wage determination for such classification.
iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract be
Previous editions obsolete 1 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
classified in conformance with the wage determination. Conformance of an additional classification
and wage rate and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in
the wage determination; and
2. The classification is used in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
B. The conformance process may not be used to split, subdivide, or otherwise avoid application of
classifications listed in the wage determination.
C. If the contractor and the laborers and mechanics to be employed in the classification (if known),
or their representatives, and the contracting officer agree on the classification and wage rate
(including the amount designated for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to DBAconformance@dol.gov.The
Administrator,or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30—day period that additional time is necessary.
D. In the event the contractor,the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits,where appropriate),the
contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination.The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30—day period that additional time is necessary.
E. The contracting officer must promptly notify the contractor of the action taken by the Wage
and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C)and (D).The contractor must furnish a written
copy of such determination to each affected worker or it must be posted as a part of the wage
determination.The wage rate (including fringe benefits where appropriate)determined
pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or(D) must be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate,the contractor may either pay the
benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person,the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program,Provided, That the
Secretary of Labor has found, upon the written request of the contractor, in accordance with the
criteria set forth in 29 CFR 5.28,that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract,the
contractor will be required to pay interest on any underpayment of wages.
Previous editions obsolete 2 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
2. Withholding
i. Withholding requirements
The U.S. Department of Housing and Urban Development may, upon its own action,or must, upon
written request of an authorized representative of the Department of Labor,withhold or cause to be
withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount
of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a)
for violations of this contract, or to satisfy any such liabilities required by any other Federal
contract, or federally assisted contract subject to Davis-Bacon labor standards,that is held by the
same prime contractor(as defined in 29 CFR 5.2).The necessary funds may be withheld from the
contractor under this contract,any other Federal contract with the same prime contractor,or any
other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the other contract was awarded or
assisted by the same agency,and such funds may be used to satisfy the contractor liability for which
the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic,
including any apprentice or helper working on the site of the work(or otherwise working in
construction or development of the project under a development statute) all or part of the wages
required by the contract,or upon the contractor's failure to submit the required records as
discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the
contractor,sponsor, applicant, owner,or other entity,as the case may be,take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR
5.5(a)(2)(i)or(b)(3)(i),or both,over claims to those funds by:
A. A contractor's surety(ies), including without limitation performance bond sureties and
payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S.trustee,or both) in bankruptcy of a
contractor,or a contractor's bankruptcy estate;
D. A contractor's assignee(s);
E. A contractor's successor(s);or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention.All regular payrolls and other basic records must be maintained by
the contractor and any subcontractor during the course of the work and preserved for all
laborers and mechanics working at the site of the work(or otherwise working in construction
or development of the project under a development statute)for a period of at least 3 years
after all the work on the prime contract is completed.
B. Information required Such records must contain the name;Social Security number; last known
address,telephone number,and email address of each such worker; each worker's correct
classification(s)of work actually performed; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in 40 U.S.C. 3141(2)(B)of the Davis-Bacon Act);daily and weekly number of
hours actually worked in total and on each covered contract; deductions made; and actual
wages paid.
C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(v)that the wages of any laborer or mechanic include the amount of any
Previous editions obsolete 3 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
costs reasonably anticipated in providing benefits under a plan or program described in 40
U.S.C. 3141(2)(B)of the Davis-Bacon Act,the contractor must maintain records which show that
the commitment to provide such benefits is enforceable,that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred
in providing such benefits.
D. Additional records relating to apprenticeship Contractors with apprentices working under
approved programs must maintain written evidence of the registration of apprenticeship
programs,the registration of the apprentices, and the ratios and wage rates prescribed in the
applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly,
for each week in which any DBA-or Related Acts-covered work is performed, certified
payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the certified payrolls to the applicant,sponsor,owner,or other
entity, as the case may be,that maintains such records,for transmission to HUD.The prime
contractor is responsible for the submission of all certified payrolls by all subcontractors.A
contracting agency or prime contractor may permit or require contractors to submit certified
payrolls through an electronic system, as long as the electronic system requires a legally valid
electronic signature;the system allows the contractor,the contracting agency,and the
Department of Labor to access the certified payrolls upon request for at least 3 years after
the work on the prime contract has been completed; and the contracting agency or prime
contractor permits other methods of submission in situations where the contractor is unable
or limited in its ability to use or access the electronic system
B. Information required The certified payrolls submitted must set out accurately and completely
all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full
Social Security numbers and last known addresses,telephone numbers,and email addresses
must not be included on weekly transmittals. Instead,the certified payrolls need only include
an individually identifying number for each worker(e.g., the last four digits of the worker's
Social Security number).The required weekly certified payroll information may be submitted
using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division Web site at https://www.dol.qov/
sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of
this section for a prime contractor to require a subcontractor to provide full Social Security
numbers and last known addresses,telephone numbers, and email addresses to the prime
contractor for its own records,without weekly submission by the subcontractor to the
sponsoring government agency(or the applicant, sponsor,owner,or other entity, as the case
may be,that maintains such records).
C. Statement of Compliance Each certified payroll submitted must be accompanied by a
"Statement of Compliance," signed by the contractor or subcontractor,or the contractor's or
subcontractor's agent who pays or supervises the payment of the persons working on the
contract, and must certify the following:
1. That the certified payroll for the payroll period contains the information required to be
provided under 29 CFR 5.5(a)(3)(ii),the appropriate information and basic records are being
maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and
complete;
2. That each laborer or mechanic(including each helper and apprentice)working on the contract
during the payroll period has been paid the full weekly wages earned,without rebate,either
directly or indirectly,and that no deductions have been made either directly or indirectly
Previous editions obsolete 4 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;
and
3. That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification(s) of work actually performed, as
specified in the applicable wage determination incorporated into the contract.
D. Use of Optional Form WH-347 The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for
submission of the"Statement of Compliance" required by 29 CFR 5.5(a)(3)(ii)(C).
E. Signature The signature by the contractor,subcontractor,or the contractor's or
subcontractor's agent must be an original handwritten signature or a legally valid electronic
signature.
F. Falsification The falsification of any of the above certifications may subject the contractor
or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
G. Length of certified payroll retention The contractor or subcontractor must preserve all
certified payrolls during the course of the work and for a period of 3 years after all the work
on the prime contract is completed.
iii. Contracts,subcontracts,and related documents The contractor or subcontractor must maintain this
contract or subcontract and related documents including,without limitation, bids, proposals,
amendments, modifications, and extensions.The contractor or subcontractor must preserve these
contracts, subcontracts, and related documents during the course of the work and for a period of 3
years after all the work on the prime contract is completed.
iv Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must
make the records required under 29 CFR 5.5(a)(3)(i)—(iii),and any other documents that
HUD or the Department of Labor deems necessary to determine compliance with the labor
standards provisions of any of the applicable statutes referenced by 29 CFR 5.1,available
for inspection,copying, or transcription by authorized representatives of HUD or the
Department of Labor,and must permit such representatives to interview workers during
working hours on the job.
B. Sanctions for non-compliance with records and worker access requirements If the
contractor or subcontractor fails to submit the required records or to make them available,
or refuses to permit worker interviews during working hours on the job,the Federal agency
may, after written notice to the contractor,sponsor,applicant, owner,or other entity,as the
case may be,that maintains such records or that employs such workers,take such action as
may be necessary to cause the suspension of any further payment,advance,or guarantee of
funds. Furthermore,failure to submit the required records upon request or to make such
records available, or to permit worker interviews during working hours on the job, may be
grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other
person that fails to submit the required records or make those records available to WHD
within the time WHD requests that the records be produced will be precluded from
introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the
required records that were not provided or made available to WHD.WHD will take into
consideration a reasonable request from the contractor or person for an extension of the
time for submission of records. WHD will determine the reasonableness of the request and
may consider, among other things,the location of the records and the volume of
production.
C. Required information disclosures Contractors and subcontractors must maintain the full
Social Security number and last known address,telephone number, and email address of
each covered worker,and must provide them upon request to HUD if the agency is a party to
Previous editions obsolete 5 Form HUD-4010, (10/2023)
ref. Handbook 1344.1
the contract,or to the Wage and Hour Division of the Department of Labor. If the Federal
agency is not such a party to the contract,the contractor,subcontractor,or both, must,
upon request, provide the full Social Security number and last known address,telephone
number,and email address of each covered worker to the applicant, sponsor,owner, or
other entity,as the case may be,that maintains such records,for transmission to HUD,the
contractor,or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or other compliance action.
4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for
the work they perform when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of Apprenticeship(OA),or with a State
Apprenticeship Agency recognized by the OA. A person who is not individually registered in
the program, but who has been certified by the OA or a State Apprenticeship Agency
(where appropriate)to be eligible for probationary employment as an apprentice,will be
permitted to work at less than the predetermined rate for the work they perform in the
first 90 days of probationary employment as an apprentice in such a program. In the event
the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an
apprenticeship program,the contractor will no longer be permitted to use apprentices at
less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions
of the apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification,fringe benefits must
be paid in accordance with that determination.
C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in
any craft classification must not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio applicable to the locality of
the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an
apprentice wage rate,who is not registered or otherwise employed as stated in 29 CFR
5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition,any apprentice
performing work on the job site in excess of the ratio permitted under this section must be
paid not less than the applicable wage rate on the wage determination for the work actually
performed.
D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a
project in a locality other than the locality in which its program is registered,the ratios and
wage rates(expressed in percentages of the journeyworker's hourly rate)applicable within the
locality in which the construction is being performed must be observed. If there is no
applicable ratio or wage rate for the locality of the project,the ratio and wage rate specified
in the contractor's registered program must be observed.
ii Equal employment opportunity The use of apprentices and journeyworkers under this part must
be in conformity with the equal employment opportunity requirements of Executive Order 11246,
as amended, and 29 CFR part 30.
5 Compliance with Copeland Act requirements.The contractor shall comply with the requirements of 29
CFR part 3,which are incorporated by reference in this contract.
Previous editions obsolete 6 Form HUD-4010, (10/2023)
ref. Handbook 1344.1
6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in
29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses
or contract modifications as the U.S. Department of Housing and
Urban Development may by appropriate instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any lower tier subcontracts.The prime
contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in this section. In the event of any violations of these clauses,the prime contractor
and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including
interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors,
and may be subject to debarment, as appropriate.
7 Contract termination:debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
8 Compliance with Davis-Bacon and Related Act requirements.All rulings and interpretations of the
Davis-Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by
reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor,or the employees or their
representatives.
10. Certification of eligibility.
i. By entering into this contract,the contractor certifies that neither it nor any person or firm who
has an interest in the contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of 40 U.S.C.3144(b) or 29 CFR 5.12(a).
ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).
iii.The penalty for making false statements is prescribed in the U.S. Code,Title 18 Crimes and
Criminal Procedure, 18 U.S.C. 1001.
11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate,threaten, restrain,
coerce, blacklist, harass,or in any other manner discriminate against,or to cause any person to
discharge,demote, intimidate,threaten, restrain,coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the DBA, Related Acts,or 29 CFR parts 1, 3,or 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or
seeking to assert on behalf of themselves or others any right or protection under the DBA,
Related Acts,or 29 CFR parts 1,3, or 5;
iii.Cooperating in any investigation or other compliance action, or testifying in any proceeding under
the DBA, Related Acts, or 29 CFR parts 1, 3,or 5;or
iv. Informing any other person about their rights under the DBA, Related Acts,or 29 CFR parts 1, 3,
or 5.
B. Contract Work Hours and Safety Standards Act(CWHSSA)
The Agency Head must cause or require the contracting officer to insert the following clauses set
forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or(for contracts covered by the Federal
Acquisition Regulation) by reference, in any contract in an amount in excess of$100,000 and subject
to the overtime provisions of the Contract Work Hours and Safety Standards Act.These clauses must
Previous editions obsolete 7 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
be inserted in addition to the clauses required by 29 CFR 5.5(a)or 4.6.As used in this paragraph,the
terms "laborers and mechanics" include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in 29 CFR 5.5(b)(1)the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages and interest from the date of the underpayment. In addition,
such contractor and subcontractor shall be liable to the United States(in the case of work done
under contract for the District of Columbia or a territory,to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchpersons and guards, employed in violation of the clause set
forth in 29 CFR 5.5(b)(1), in the sum of$31 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of
Federal assistance may, upon its own action, or must, upon written request of an authorized
representative of the Department of Labor,withhold or cause to be withheld from the contractor
so much of the accrued payments or advances as may be considered necessary to satisfy the
liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief,
including interest;and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on
this contract,any other Federal contract with the same prime contractor,or any other federally
assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the
same prime contractor(as defined in 29 CFR 5.2).The necessary funds may be withheld from the
contractor under this contract,any other Federal contract with the same prime contractor,or any
other federally assisted contract that is subject to the Contract Work Hours and Safety Standards
Act and is held by the same prime contractor, regardless of whether the other contract was
awarded or assisted by the same agency, and such funds may be used to satisfy the contractor
liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in
accordance with 29 CFR 5.5(a)(2)(i)or(b)(3)(i),or both, over claims to those funds by:
A. A contractor's surety(ies), including without limitation performance bond sureties and
payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s)(either a court-appointed trustee or a U.S.trustee,or both) in bankruptcy of a
contractor,or a contractor's bankruptcy estate;
D. A contractor's assignee(s);
E. A contractor's successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in
29 CFR 5.5(b)(1)through (5) and a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts.The prime contractor is responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1)through (5). In the event of any
violations of these clauses,the prime contractor and any subcontractor(s) responsible will be liable for
any unpaid wages and monetary relief, including interest from the date of the underpayment or loss,
Previous editions obsolete 8 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
due to any workers of lower-tier subcontractors,and associated liquidated damages and may be subject
to debarment, as appropriate.
5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate,threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate against,or to cause any person to
discharge,demote, intimidate,threaten, restrain,coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the Contract Work Hours and Safety Standards Act(CWHSSA)or its implementing
regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting
or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or
29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding
under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract
subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws
referenced by 29 CFR 5.1,the Agency Head must cause or require the contracting officer to insert a
clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic
records during the course of the work and must preserve them for a period of 3 years after all the work
on the prime contract is completed for all laborers and mechanics, including guards and watchpersons,
working on the contract.Such records must contain the name; last known address,telephone number,
and email address; and social security number of each such worker;each worker's correct
classification(s)of work actually performed; hourly rates of wages paid; daily and weekly number of
hours actually worked; deductions made and actual wages paid. Further,the Agency Head must cause
or require the contracting officer to insert in any such contract a clause providing that the records to be
maintained under this paragraph must be made available by the contractor or subcontractor for
inspection,copying, or transcription by authorized representatives of the(write the name of agency)
and the Department of Labor, and the contractor or subcontractor will permit such representatives to
interview workers during working hours on the job.
D. Incorporation of contract clauses and wage determinations by reference Although agencies are
required to insert the contract clauses set forth in this section, along with appropriate wage
determinations, in full into covered contracts, and contractors and subcontractors are required to insert
them in any lower-tier subcontracts,the incorporation by reference of the required contract clauses
and appropriate wage determinations will be given the same force and effect as if they were inserted in
full text.
E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent
under the Federal Acquisition Regulation), along with the correct wage determinations,will be
considered to be a part of every prime contract required by the applicable statutes referenced by 29
CFR 5.1 to include such clauses,and will be effective by operation of law,whether or not they are
included or incorporated by reference into such contract, unless the Administrator grants a variance,
tolerance,or exemption from the application of this paragraph.Where the clauses and applicable wage
determinations are effective by operation of law under this paragraph,the prime contractor must be
compensated for any resulting increase in wages in accordance with applicable law.
Previous editions obsolete 9 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
F. HEALTH AND SAFETY
The provisions of this paragraph (F) 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 or her 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 29 CFR 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 U.S.C. § 3701 et seq.
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 obsolete 10 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
4_
41111
a
4 1 s ` ti
4 • .....; :
-,:.,.:.....
..„
, , -
.....,...
....,„
11•, ,..,..
..q►
, ,-... ., , --,-, ...milt .
„....„
-11 .,.. : :. , i., ....-... mow w
I , ;.... _ _.,,..,
a li .0 .„:::,,,-;, ,, .. ' . . .
, ,--- - , --,_ ; .. _ , , a t: t. •kir
N \"73 i , ,./..T.e,
6 - -
/ ` R. •ii.
ir WIN"
, ,..., ,. . ...... r�;r Liti. , .
i
..,
----- -
y�- ``a
I '
0. v
/,
•
.T. , ..-,,, ,..,
, •. . ..Vi . ,,
A. I • •
DAVIS- 3ACON A\ D LABOR STANDARDS
CONTRACTOR GUIDE ADDE\ DUV
CONTRACTOR GUIDE ADDENDUM
Table of Contents
INTRODUCTION 3
BASIC DBA DEFINITIONS 3
LAWS AND REGULATIONS . 4
CONTRACTOR RESPONSIBILITIES 7
CONTRACT ADMINISTRATOR RESPONSIBILITIES 7
WAGE BASICS 8
REVIEWING PAYROLLS 9
REPORTING PAYROLLS 11
ADDITIONAL WORK CLASSIFICATION AND WAGE RATES . . . 14
SANCTIONS AND RESTITUTION 17
2 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
1
11111114____• . 4 ;.:
#T'.. • 1
INTRODUCTION
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 or if you need other related tech
agency enters into a procurement contract.In this latter 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
in is i:;•e Office ;'i 'ors Bacon and Labor Standards
of Labors Wage and Hour Division to make sure that the labor stan-
dards provisions in your contract and the specifics of comply ng 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 adm nister the day to day responsibilit es 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 ncludes the
laws and regulations associated with Federal labor standards adminis BASIC DBA DEFINITIONS
tration and enforcement The second chapter lists the respons bilities
of contractors and of state,tribal,and local contracting agencies that See Section 3 in the Agency Guide
administer HUD programs The third chapter I sts wage basics,'nclud
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
CONTRACTOR GUIDE ADDENDUM
1 • •r ' �y��'''' fir
41It „rl• i "4
4
MUM ,t•l "il
,+ `*� .44 '" '1'. o lit M, at `_ i �
LAWS AND REGULATIONS
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
Lion projects in excess of S2,000 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 DB 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 OBRA. 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
r_
40 in any workweek)worked on a covered project. The CWHSSA ap-
plies to both direct federal contracts and to federally-assisted contracts DOL has published rules and instructions concerning Davis-Bacon and
where those contracts require or involve the employment of laborers other labor laws in the Code of Federal Regulations(CFR). These reg-
and mechanics and where federal wage standards(e.g., Davis-Bacon ulations can be found in Title 29 CFR Parts 1,3,5,6,and 7. Part 1 ex-
or HUD-determined prevailing wage rates) are applicable CWHSSA plains how D0L 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 con-
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-
EXemptiOns' 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 ecfr goy/current/title
or less.
4 Contractor Guide Addendum Table of Contents
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 plicable 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
11-6) should be helpful. Most HUD-assisted construction work is coy- The Contract for Construction,which is issued primarily for FHA(Fed
ered by Davis-Bacon,but there are some exceptions.The best and saf-
est approach is to first assume that Davis-Bacon requirements will be lion 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>$150,000)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 concerning Davis-Bacon wages and obligate
the contractor to comply with the Davis-Bacon wage and reporting
Ilierre'e
--,.111111111Pr' '-/
.tom ,.,,
..) „„t,(;- ' • ( i(/////4 4
f _ , .
. .
, ,..
...,
.., , k •
' . N. 0 . ' • tr.i. 2 '').4" ' 1.'
. igu ' ,..i 4
- S�ilr'rY. `1 i 4
5 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
Davis-Bacon Wage Decisions RESOURCE
The term"wage decision"includes the original decision and any subse-
quent decisions that modify,supersede,correct,or otherwise change The Department of'-ious;ng and Urban Development(i IUD)one
the provisions of the original decision.The term"wage decision"is used stoic forms reso.uce page.
within this Guide to mean the Davis-Bacon wage decision. The terms ,,•;,, ri,ni,t;,, r tr::: c,t` ; .a. ,+tn•- •• .*.::i-.14. r. .,
"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
All current Davis Bacon ti.•age deers ons con be iccessec`online
at no cost at ,,v. ...rri
�kli r
�. t
. 1 i •••••
__
,, ,
,,, ,
.,
, . ,
, , ,
....,...
ii,
....„,..... .. .....,.. . . ,..,,,, ,..,
......., . .........., • . .... . _ .
_ ...,
.,......_,.. „ Lb „....• . i4, , ,
,, „.,... ...„ .,.. .... ,,.,,.. • ,, .,
1 i. .: ,,,,,....400."t iiim... ... . . .,, .....,...,, _
(t . • , .
....
-.....-‘,... Lt.ji 1
, ... ..4. . .:,. . 1... :.-1. -.:.' .::11.l:':('Sg‘ 444. 1 j 114.1 ir ....t
" °� i I . ' -'`.. I $ - II __
r t
6 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
���n��' It! i - ■ of _ use J. i '
n
— — .er i� „.
s
II
to r! , ... ;� .� Iii.ir4
i : r iF y y/ .... 1.1 ,'
, Y
ai {{
mi
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
CONTRACT ADMINISTRATOR
RESPONSIBILITIES
RESOURCE
The contract administrator is responsible for the proper administration
and enforcement of the Federal labor standards provisions on con Program technice :Lucia c
tracts covered by Davis-Bacon requirements.This term is used to rep
resent the person(or persons)who will provide labor standards advice
irtecpretations of proe,•.in rec:uire-•eats o iar,dbooks and
and support to contractors and other project pr.ncipals (e.g., owner,
instructions on the use of forms
sponsor, architect),including providing the proper Davis-Bacon wage
decision(see 61,The Wage Decision)and ensuring that the wage de 1'ousing Programs•See o!r ...r:: + to itclp
cision and contract clauses are incorporated into the contract for con-
struction. The contract administrator also monitors labor standards
compliance(see Section 12, Payroll Compliance Reviews and Correc-
tions,in the Agency Guide)by conducting interviews with construction
workers at the job site and reviewing payroll reports,and oversees any
enforcement actions that may be required.
The contract administrator could be an employee or agent of HUD,or
of a city or county or public housing agency.For HUD projects admin
istered directly by HUD staff,usually FHA-insured multifamily projects,
the contract administrator will be the HUD Labor Standards field staff.
But many HUD-assisted projects are administered by local contract ng
agencies such as PHAs,TDHEs,and States,cities and counties under
HUD's CDBG and HOME programs
7 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
., 1•'-.fir +iA•. - —— --' d � � t, R' ,
WAGE BASICS
RESOURCE
The Wage Decision
'illable version of this form qs available onfne at IIUDCI n
Davis-Bacon labor standards stipulate the wage payment requirements
for skilled workers,operators,truck drivers,and laborers—for example
Contact the contract adm nistrator mcri:o:i•i; the project for
carpenters,electricians,plumbers,roofers,rollers,screeds,bulldozers,
assistance with a Project Wane Rote
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 512 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 cias 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).
RESOURCE
To make reading lengthy wage decisions easier,a contract administra-
tor may prepare a Project Wage Sheet(HUD-4720).This sheet is a one The Employee Rights Under the Da: ct poster repiac
page transcript that will show only the classifications and wage rates es the Notice To All Employees. :Q i a : x•sta• is available in
for a project.A blank copy of a Project Wage Rate Sheet is provided in English and Spanish online at:
the Appendix.
8 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
l�,f - ri
REVIEWING PAYROLLS
Certified Payroll Reports (CPRs) Weekly payroll certification
Each weekly payroll submitted shall be accompanied by a"Statement of
To demonstrate compliance with labor standards requirements, each Compliance"that bears the original signature of the owner,executive/
employer shall prepare, certify, and submit payroll reports for each corporate officer,or a designee authorized by the owner or officer.The
week to the sponsor,applicant,or owner for any contract work that is signature must be in ink; pencil is not acceptable. Signature stamps,
performed.See 29 CFR§5.5(a)(3)(u)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 WI-I- The falsification of any of the above certifications may subject the em
347 is included and that the LSS can reasonably interpret it.Form WH- ployer to civil or criminal prosecution under§1001 of Title 18 and§231
347 is available online at www.dol gov/whdiformstwh347odf. of Title 31 of the United States Code(USC).
Submission requirements
Each employer shall submit payroll reports beginning with the first week
such employer performs work on the site of the work.Employers shall
submit reports promptly following the close of each such pay week
"No Work"payrolls
Employers are not required to submit reports for weeks during which
no work was performed at the site of work, provided that the payroll
reports are numbered sequentially or that the employer has provided
written notice that its work on the project has been suspended.
9 Contractor Guide Addendum Table of Contents
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 loss should underpayments
occur
Payroll Retention
Every contractor(including every subcontractor)must keep a complete
set of their own payrolls and other basic records such as employee ad
dresses and full SSNs,time cards,tax records,evidence of fringe bene-
fit payments—for a Davis-Bacon project for at least three years after the
project is completed.The prime contractor must keep a complete set
of all the payrolls for every contractor(including subcontractors)for at
least three years after completion of the project.
I
jo 1
a iiI _
•
ill
+qq '111 ,
-�l [ al
. a 3 -i'
•till if�•{tl - - 1 + f ^d 1 II !M ,i.„...�.'. i� 4
1
s i s' •/° f
10 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
►ALA �`��' L {d '_ E,.
\ Willa
REPORTING PAYROLLS
Completing a Payroll Report Apprentices or trainees
The first payroll on which any apprentice or trainee appears must be
Each employer shall maintain payroll records with respect to their own accompanied by a copy of that apprentices or trainees 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
maintain 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 tat 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 D0L 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 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
Piece-work Deductions
For any piece-work employees, the employer must compute an ef- Show the amounts of any deductions from the gross earnings."Other"
fective hourly rate for each employee each week based upon the em- deductions should be identified(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 0/T hours provided for in a collective bargaining(union)agreement.A short note
signed by the employee is all that is needed and should accompany the
The effective hourly rate must be reflected on the certified payroll.This first payroll on which the other deduction appears.The note needs to
hourly rate may be no less than the wage rate(including fringe benefits, show the type,amount,and frequency of the deduction.A new deduc-
if any)on the wage decision for the classification of work performed. ton 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 0/T rate is computed at one and one-half times the ba-
sic rate of pay plus any fringe benefits.For example,if the wage deci-
sion requires$10/hour basic plus$5/hour fringe benefits,the 0/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
wigs from all projects(e g,$425 40/$764 85)and base deductions and
net pay on the"all projects"earnings
•
• • . ; (4.
..
�y,, r.
p n
, :
f � i
p s
12 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
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).
► '
a
11111‘
.
1 7
t*4 101111rii-:
. ffi . I I I e: 4,- -,.`,.— .
1,r"t; _ 11' ' a °� y_r i At, 4 I
•
_ I 1{t L _.� l sly ...�..._ �- , i-' ! , 3
l - ® ( t a _ ..
r
13 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
•
` 1
�� \\ \ 11 t1 \ t 11. y1. 1 '"wk
:`,e,‘,.,,z.: kiii,- '
.,:. 1
\ � r
7.. ,,
} . a
N i�'�,, \\ 10 h.
(� , ,., ;:
ADDITIONAL WORK
CLASSIFICATION AND WAGE RATES
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 relat onship to the wage rates on the wage decision;and
classifications and wage rates,the prime contractor and,if applicable,
its subcontractors employing workers in such classifications shall re- The workers that will be employed in the requested work classification
quest an additional work classification and propose a wage rate and (if it is known who the workers are or will be)or the workers'representa-
fringe benefits for such classification on form SF-1444, Request for lives agree with the proposed wage rate
Authorization of Additional Classification and Rate The contractor or
subcontractor shall make its request for a final decision through the General guide
LSS or LCA,as appropriate,to DOL at The wage rate and fringe benefits proposed for any classification must
whd-cbaconformance_incoming@adol.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 quid- dum 213. The proposed wage rate and fringe benefits should bear a
ance on the policies and procedures involved. reasonable relationship to the entirety of the rates within the relevant
category.There are four basic categories skilled crafts,laborers,truck
Note:Additional work classifications and wage rates may be requested drivers,and power equipment operators Additional classifications pro
only after the effective wage decision"lock-in'date.(See 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 classifica
sured projects managed by HUD and signed by the LCA contracting tion.The prime contractor/employer must submit the request in writ
officer for projects managed by LCAs,then forwarded to DOL with the ing. A basic request must identify the contract/project involved,the
applicable wage decision where: work classification requested, and the wage rate, including any bona
fide fringe benefits proposed.In some cases,it may be necessary for
The requested work classification is used in the area of the project by the prime contractor/employer to describe the work that the request
the construction industry; ed work classification would perform.The prime contractor/employer
should use form SF-1444,Request for Authorization of Additional Clas
The work that will be performed by the requested work classification is sification and Rate,to submit the request.
not performed by a work classification that is already contained within
the applicable wage decision;
14 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
LSS/LCA Review of Request DOL decision
DOL regulations permit 30 days for DOL to respond to the SF-1444.DOL
The LSS/LCA will review the prime contractor/employer's request to will notify the LSS/LCA in writing of its decision.
determine if it satisfies the approval criteria at 5.12.1.9.2.The LSS/LCA
will contact the prime contractor/employer if clarification or additional DOL approval
information is needed to complete the review. When DOL approves the requested additional work classification and
wage rate/fringe benefits,the LSS/LCA shall provide a copy of the DOL
Signing the request,reporting to DOL notice of approval to the prime contractor/employer with instructions
if the LSS/LCA review finds that the requested work classifications and that the additional work classification and wage rate/fringe benefits
wage rate/fringe benefits meet the criteria at 5,12.1.9.2,the LSS/LCA must be posted on the job site with the wage decision.
submits the completed SF-1444,related documentation,and the appli-
cable wage decision to the DOL National Office for final decision using
DOL's dedicated email address:
whd cbaconfofmanceJncomin>lip,tdol.00i•.
Disagreement with the request;
referring for DOL decision
If the LSS/LCA review finds that the requested work classification and
wage rate/fringe benefits fails to meet the approval criteria or if the par-
ties do not agree on the proper classification or wage rate/fringe bene-
fits for the work described,the LSS/LCA shall prepare an SF-1444 and
a written report explaining the results of the review and any issues in
dispute among the parties,and shall forward these along with a copy of
the applicable wage decision to the DOL National Office for its decision
using the same dedicated DOL email address
.�• :"- ,...yj ii+w,t:R,,_ +om,'` a ._ �`i> ''rr -e.f. .
• Are - '�
r x4,- :a q % ' 1�{ - y '' - .' s .s - .. '
k ` v , _
Otto. ,�. --b♦ yr f . Yrs 4.771. , . •'. ;„
4 , W
'I", . e .!s, f `n/�t� '' ,.-- •yam s
...G. - of t Y ,
:tom _ ,; s y
• �r1- Ate-
....a., . .
‘,
15 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
DOL disapproval Requests for DOL reconsideration
When DOL disapproves the requested work classification and wage The LSS/LCA,the prime contractor/employer,or other interested par-
rate/fringe benefits, DOL will notify the LSS/LCA in writing of the rea ties may request reconsideration of the DOL decision on a requested
sons why the request cannot be approved DOL may also indicate what additional work classification and wage rate/fringe benefits. Such re-
work classiftcations.`wage rate/fringe benefits could be approved for quests must be made in writing accompanied by a full statement of the
the work involved of a modified request s submitted interested party's views and any supporting wage data or other perti-
nent informat on
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 decsion and provide a copy
of the DOL notice.
A /
. \.
r
w ,.,
.
ao�f 4k1'1 yh e., 1
ice,1 r an
N
f ., tk
16 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
"5ar
tip IF.s�. r' fl
`" _ L
x � ,�
SANCTIONS AND RESTITUTION
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§1 8)
have occurred. These disputes are usually between the contract ad- All requests initiated by or made through the contract administrator or
ministrator and one or more employers(the prime contractor and/or a HUD must be submitted through HQLS(Headquarters Office Davis Ba
subcontractor).The dispute may involve something simple such as an con and Labor Standards).
additional classification request that is pending before DOL,or some-
thing as significant as investigative f ndings following a complaint of Administrative Review Board
underpayment. This chapter discusses some of the things you might Any interested party may request a review of the Administrator's de
expect,and what you can do to make your views known and to lessen cision on reconsideration by DOL's Administrative Review Board. DOL
any delays in resolving the problem or issue. regulations 29 CFR Part 7 explain the procedures for such reviews.(See
also 29 CFR§1.9.)
Administrative Review on
Labor Standards Disputes Findings of underpayment
Compliance reviews and other follow-up enforcement actions may re-
The labor standards clauses in the contract and DOL regulations pro suit in findings of underpayment. The primary goal in every case and
vide for administrative review of issues where there is a difference of at every step in this process is to reach agreements about who may
views between the contract administrator and any employer.The most have been underpaid and how much wage restitution may be due,and
common circumstances include: to promptly deliver restitution to any underpaid workers. The contract
administrator will usually work informally with employers to reach such
Additional classifications and wage rates agreements
Additional classification and wage rate requests are sometimes denied
by DOL.An employer that is dissatisfied with the denial can request re- Rulings and interpretations
consideration by the DOL Wage and Hour Administrator.The employer unrelated to findings of underpayment
may continue to pay the wage rate,as requested,until a final decision is DOL is the authority for rulings and interpretations unrelated to findings
rendered on the matter.When the final decision is known,the employer of underpayments This includes disputes concerning the prevailing
will be required to pay any additional wages that may be necessary to wage rates as determined by DOL,DBRA applicability,character of work
satisfy the wage rate that is established. decisions,and interpretation and application of DOL regulations at 29
CFR Parts 1,3,and 5 These and other such matters must be referred to
Reconsideration the DOL Wage and Hour Administrator for their ruling and/or interpreta
DOL normally identifies the reasons for denial in its response to the re- lion per 29 CFR§513.Any request for a ruling or an interpretation from
quest.Any interested person(e.g,the contract administrator,employer, the DOL Administrator via DBLS must be submitted through HQLS with
or representatives of the employees)may request reconsideration of a copy to the local LSS
17 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
Disputes concerning findings of underpayment Withholding
Underpayments usually occur when a contractor or subcontractor does 6
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 DBLS enforce- due to the prime contractor to ensure the payment of wages that are
ment action.There may be other situations that also create underpay- believed to be due and unpaid(e.g., if wage underpayments or other
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
or modify the findings based upon the materials presented.You will be
notified in writing by DOL of the results of its review.If DOL concludes
that violations have occurred,you will be given an opportunity to correct
any underpayments or to request a hearing before a DOL AU.(See DOL
Regulations 29 CFR§5.11 (b)and 29 CFR Part b,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 AL.)in the
administrative hearing process.See DOL regulations 29 CFR Part 7 for
more information about this proceeding.
•
}r I � ,Y
r Alik
Gitlot
it
li I•, 1■ `1
a a►i
GIs �yr W
18 Contractor Gu,de Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
Deposits and Escrows Where the parties have agreed to amounts of wage resti-
tution that are due,but the employer hasn't furnished ev-
In some situations,certain labor standards issues are not or cannot be idence yet that all the underpaid workers have received
resolved in time to meet project closeout schedules In order to per their back wages(e.g.,unfound workers)
mit a final closing/closeout to proceed while certain labor issues are The amount of the deposit is equal to the total gross amount of resti
outstanding,a deposit account(HUD administered projects,e g mul tution due to workers lacking payment evidence.As these workers are
tifamily housing-insured and grant programs) or an escrow account paid and proper documentation is provided to the contract administra
(LCA-administered projects,e 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 deposit/escrow account for three years and disposed as de
due to workers that were employed in the construction of the project scribed in Section 11.4.1 of this Guide;
Deposit and escrow accounts may also hold fringe benefits payments
that are due to plans or programs and/or liquidated damages that are Sometimes,wage restitution cannot be paid to an affected employee
assessed for violations of CWHSSA O/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
111. 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
.,.... . . ' ...
• .. : . .. .. . ,
1't/`f/' 1 , . 7
---A-; v..-- .-4 ,.-_-„tH-. ,:-_ - -4y-K: _, - i
;fp,
,,,
.,
. ... .. " -7:,,',411,
I"
- r
t
// -
,. 4....,. .. -.- . At %in •h, y .. v t •
•-- A, 1, 0:. . ''.,,,, li. , i .
'\ i, .
aid.. ,i, ' 1i • 4 y - : ."
, -'a'1 ►� rl Y i, ,, -
+ tio, i{ a r fii
r�
V I.
• �;
19 Contractor Guide Addendum Table of Contents
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
tamed as described in Section 13.4.6 in the Agency Guide. Contractors and/or subcontractors that are found by the Secretary of
Labor to be in aggravated or willful violation of the labor standards pro-
If the parties do not agree and an administrative hearing is requested, visions of the DBRA will be ineligible(debarred) to participate in any
the escrow will be maintained. DBRA or Davis-Bacon Act contracts for up to three years.Debarment in-
cludes the contractor or subcontractor and any firm,corporation,part-
nership,or association in which the contractor or subcontractor has a
substantial interest Debarment proceedings can be recommended by
the contract administrator or initiated by DOL.Debarment proceedings
are described in DOL regulations 29 CFR§5.12.
HUD sanctions
HUD sanctions may include Limited Denials of Participation(LDPs),de-
barments,and suspensions.
e��Rt - 1
ti 7\ l `mi ,l'~ ./ ',•. i;> I ; S
, ��i. \ \�
i/W--. -- •— .1 14.S. 11110
, a �' s� I kt j�� 1
20 Contractor Guide Addendum Table of Contents
CONTRACTOR GUIDE ADDENDUM
Limited Denial of Participation All referrals suggesting consideration for criminal prosecution must be
HUD may issue to the employer an LOP,which prohibits the employer submitted through the established hierarchy:
from further participation in HUD programs for a period of up to one
year. The LOP 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
S S
Debarment and suspensions
In certain circumstances,HUD may in tiate its own debarment or sus pension proceedings against a contractor and/or subcontractor in a IS
I
connection with mproper 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 a (IL
certified payrolls or other prevailing wage certif cations),or initiate sus
pension where a contractor has been indicted for making false state
ments. HUD regulations concerning debarment and suspension are ' O
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.
te
' ...7, . , .0 Iii
ti"r,PIPIP'
M►�- , ,, i l
� ,a, , �
l',.Ili 's -- t1 .t . . .- 1 _
! 1 . .1 A, _ I .1
z
r jJc...:.c' / . .r'i.la '' rT. .r t
"ems. -
21 Contractor Guide Addendum Table of Contents
HUD-4010 U.S. Department of Housing and Urban Development
Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards
A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being
assisted by the United States of America,and the following Federal Labor Standards Provisions are
included in this Contract pursuant to the provisions applicable to such Federal assistance.
1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work(or otherwise working in
construction or development of the project under a development statute),will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate
on any account(except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of basic hourly wages
and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics.As provided in 29 CFR
5.5(d)and(e),the appropriate wage determinations are effective by operation of law even if they
have not been attached to the contract. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under the Davis-Bacon Act(40 U.S.C. 3141(2)(B))on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of
paragraph(a)(1)(v)of these contract clauses; also,regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans,funds,or programs which
cover the particular weekly period,are deemed to be constructively made or incurred during such
weekly period.Such laborers and mechanics must be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification(s)of work actually performed,without
regard to skill,except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the
time actually worked therein: Provided, That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.The wage determination(including any
additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii))and the Davis-Bacon
poster(WH-1321)must be posted at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by the workers.
ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under
the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to§ 1.3(f),
wage and fringe benefit rates for classifications of laborers and mechanics for which conformance
requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:
1. The work performed by the classification is not performed by a classification in the wage
determination for which a prevailing wage rate has been determined;
2. The classification is used in the area by the construction industry; and
3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates
contained in the wage determination.
B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR
5.5(a)(1)(iii)(A)(3).Work performed in such a classification must be paid at no less than the wage
and fringe benefit rate listed on the wage determination for such classification.
iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract be
Previous editions obsolete 1 Form HUD-4010, (10/2023)
ref. Handbook 1344.1
classified in conformance with the wage determination. Conformance of an additional classification
and wage rate and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in
the wage determination; and
2. The classification is used in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
B. The conformance process may not be used to split, subdivide, or otherwise avoid application of
classifications listed in the wage determination.
C. If the contractor and the laborers and mechanics to be employed in the classification(if known),
or their representatives, and the contracting officer agree on the classification and wage rate
(including the amount designated for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to DBAconformance@dol.gov.The
Administrator,or an authorized representative,will approve, modify,or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30—day period that additional time is necessary.
D. In the event the contractor,the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification
and wage rate(including the amount designated for fringe benefits,where appropriate), the
contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including
the views of all interested parties and the recommendation of the contracting officer,to the
Administrator for determination.The Administrator,or an authorized representative,will issue
a determination within 30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30—day period that additional time is necessary.
E. The contracting officer must promptly notify the contractor of the action taken by the Wage
and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C)and (D).The contractor must furnish a written
copy of such determination to each affected worker or it must be posted as a part of the wage
determination.The wage rate(including fringe benefits where appropriate) determined
pursuant to 29 CFR 5.5(a)(1)(iii)(C)or(D)must be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate,the contractor may either pay the
benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person,the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program,Provided, That the
Secretary of Labor has found, upon the written request of the contractor,in accordance with the
criteria set forth in 29 CFR 5.28,that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract,the
contractor will be required to pay interest on any underpayment of wages.
Previous editions obsolete ? Form HUD 4010,(10/2023)
ref. Handbook 1344.1
2. Withholding
i. Withholding requirements
The U.S. Department of Housing and Urban Development may,upon its own action,or must, upon
written request of an authorized representative of the Department of Labor,withhold or cause to be
withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount
of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a)
for violations of this contract,or to satisfy any such liabilities required by any other Federal
contract, or federally assisted contract subject to Davis-Bacon labor standards,that is held by the
same prime contractor(as defined in 29 CFR 5.2).The necessary funds may be withheld from the
contractor under this contract, any other Federal contract with the same prime contractor,or any
other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the other contract was awarded or
assisted by the same agency, and such funds may be used to satisfy the contractor liability for which
the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic,
including any apprentice or helper working on the site of the work(or otherwise working in
construction or development of the project under a development statute)all or part of the wages
required by the contract,or upon the contractor's failure to submit the required records as
discussed in 29 CFR S.S(a)(3)(iv), HUD may on its own initiative and after written notice to the
contractor, sponsor,applicant,owner,or other entity, as the case may be,take such action as may
be necessary to cause the suspension of any further payment,advance,or guarantee of funds until
such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR
5.5(a)(2)(i)or(b)(3)(i),or both,over claims to those funds by:
A. A contractor's surety(ies),including without limitation performance bond sureties and
payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S.trustee,or both) in bankruptcy of a
contractor,or a contractor's bankruptcy estate;
D. A contractor's assignee(s);
E. A contractor's successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C.3901-3907.
3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by
the contractor and any subcontractor during the course of the work and preserved for all
laborers and mechanics working at the site of the work(or otherwise working in construction
or development of the project under a development statute)for a period of at least 3 years
after all the work on the prime contract is completed.
B. Information required Such records must contain the name;Social Security number;last known
address,telephone number,and email address of each such worker;each worker's correct
classification(s)of work actually performed; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in 40 U.S.C.3141(2)(B)of the Davis-Bacon Act);daily and weekly number of
hours actually worked in total and on each covered contract; deductions made;and actual
wages paid.
C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(v)that the wages of any laborer or mechanic include the amount of any
Previous editions obsolete 3 Form HUD-4010,(10/2023)
ref.Handbook 1344.1
costs reasonably anticipated in providing benefits under a plan or program described in 40
U.S.C. 3141(2)(8)of the Davis-Bacon Act,the contractor must maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible,and that the plan or program has been communicated in writing to the laborers or
mechanics affected,and records which show the costs anticipated or the actual cost incurred
in providing such benefits.
0. Additional records relating to apprenticeship Contractors with apprentices working under
approved programs must maintain written evidence of the registration of apprenticeship
programs,the registration of the apprentices, and the ratios and wage rates prescribed in the
applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly,
for each week in which any DBA-or Related Acts-covered work is performed, certified
payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the certified payrolls to the applicant,sponsor,owner, or other
entity,as the case may be,that maintains such records,for transmission to HUD.The prime
contractor is responsible for the submission of all certified payrolls by all subcontractors. A
contracting agency or prime contractor may permit or require contractors to submit certified
payrolls through an electronic system, as long as the electronic system requires a legally valid
electronic signature;the system allows the contractor,the contracting agency,and the
Department of Labor to access the certified payrolls upon request for at least 3 years after
the work on the prime contract has been completed; and the contracting agency or prime
contractor permits other methods of submission in situations where the contractor is unable
or limited in its ability to use or access the electronic system
B. Information required The certified payrolls submitted must set out accurately and completely
ail of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full
Social Security numbers and last known addresses,telephone numbers,and email addresses
must not be included on weekly transmittals. instead,the certified payrolls need only include
an individually identifying number for each worker(e.g.,the last four digits of the worker's
Social Security number).The required weekly certified payroll information may be submitted
using Optional Form WH-347 or in any other format desired.Optional Form WH-347 is
available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/
sites/dolgov/files/WHO/legacy/files/wh347.pdf or its successor website. It is not a violation of
this section for a prime contractor to require a subcontractor to provide full Social Security
numbers and last known addresses,telephone numbers, and email addresses to the prime
contractor for its own records, without weekly submission by the subcontractor to the
sponsoring government agency(or the applicant,sponsor,owner,or other entity,as the case
may be,that maintains such records).
C. Statement of Compliance Each certified payroll submitted must be accompanied by a
"Statement of Compliance," signed by the contractor or subcontractor,or the contractor's or
subcontractor's agent who pays or supervises the payment of the persons working on the
contract,and must certify the following:
1. That the certified payroll for the payroll period contains the information required to be
provided under 29 CFR 5.5(a)(3)(ii),the appropriate information and basic records are being
maintained under 29 CFR 5.5 (a)(3)(i),and such information and records are correct and
complete;
2. That each laborer or mechanic(including each helper and apprentice)working on the contract
during the payroll period has been paid the full weekly wages earned,without rebate,either
directly or indirectly,and that no deductions have been made either directly or indirectly
Previous editions obsolete 4 Form HUD-4010,(10/2023)
ref.Handbook 1344.1
from the full wages earned,other than permissible deductions as set forth in 29 CFR part 3;
and
3. That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification(s) of work actually performed, as
specified in the applicable wage determination incorporated into the contract.
D. Use of Optional Form WH-347 The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for
submission of the"Statement of Compliance" required by 29 CFR 5.5(a)(3)(ii)(C).
E. Signature The signature by the contractor,subcontractor,or the contractor's or
subcontractor's agent must be an original handwritten signature or a legally valid electronic
signature.
F. Falsification The falsification of any of the above certifications may subject the contractor
or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
G. Length of certified payroll retention The contractor or subcontractor must preserve all
certified payrolls during the course of the work and for a period of 3 years after all the work
on the prime contract is completed.
iii. Contracts,subcontracts,and related documents The contractor or subcontractor must maintain this
contract or subcontract and related documents including,without limitation,bids,proposals,
amendments,modifications,and extensions.The contractor or subcontractor must preserve these
contracts, subcontracts, and related documents during the course of the work and for a period of 3
years after all the work on the prime contract is completed.
iv Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must
make the records required under 29 CFR 5.5(a)(3)(i)—(iii), and any other documents that
HUD or the Department of Labor deems necessary to determine compliance with the labor
standards provisions of any of the applicable statutes referenced by 29 CFR 5.1,available
for inspection,copying, or transcription by authorized representatives of HUD or the
Department of Labor,and must permit such representatives to interview workers during
working hours on the job.
B. Sanctions for non-compliance with records and worker access requirements If the
contractor or subcontractor fails to submit the required records or to make them available,
or refuses to permit worker interviews during working hours on the job,the Federal agency
may,after written notice to the contractor,sponsor,applicant,owner,or other entity, as the
case may be,that maintains such records or that employs such workers,take such action as
may be necessary to cause the suspension of any further payment,advance,or guarantee of
funds. Furthermore,failure to submit the required records upon request or to make such
records available,or to permit worker interviews during working hours on the job, may be
grounds for debarment action pursuant to 29 CFR 5.12. In addition,any contractor or other
person that fails to submit the required records or make those records available to WHD
within the time WHD requests that the records be produced will be precluded from
introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the
required records that were not provided or made available to WHD.WHD will take into
consideration a reasonable request from the contractor or person for an extension of the
time for submission of records. WHD will determine the reasonableness of the request and
may consider, among other things, the location of the records and the volume of
production.
C. Required information disclosures Contractors and subcontractors must maintain the full
Social Security number and last known address,telephone number, and email address of
each covered worker,and must provide them upon request to HUD if the agency is a party to
Previous editions obsolete 5 Form HUD-4010,(10/2023)
ref.Handbook 1344.1
the contract,or to the Wage and Hour Division of the Department of Labor. If the Federal
agency is not such a party to the contract,the contractor, subcontractor,or both, must,
upon request, provide the full Social Security number and last known address,telephone
number,and email address of each covered worker to the applicant,sponsor,owner,or
other entity,as the case may be,that maintains such records,for transmission to HUD,the
contractor,or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or other compliance action.
4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for
the work they perform when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration,Office of Apprenticeship(OA),or with a State
Apprenticeship Agency recognized by the OA.A person who is not individually registered in
the program, but who has been certified by the OA or a State Apprenticeship Agency
(where appropriate)to be eligible for probationary employment as an apprentice,will be
permitted to work at less than the predetermined rate for the work they perform in the
first 90 days of probationary employment as an apprentice in such a program. In the event
the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an
apprenticeship program,the contractor will no longer be permitted to use apprentices at
less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions
of the apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification,fringe benefits must
be paid in accordance with that determination.
C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in
any craft classification must not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio applicable to the locality of
the project pursuant to 29 CFR 5.5(a)(4)(i)(D).Any worker listed on a payroll at an
apprentice wage rate,who is not registered or otherwise employed as stated in 29 CFR
5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under this section must be
paid not less than the applicable wage rate on the wage determination for the work actually
performed.
D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a
project in a locality other than the locality in which its program is registered,the ratios and
wage rates(expressed in percentages of the journeyworker's hourly rate)applicable within the
locality in which the construction is being performed must be observed. If there is no
applicable ratio or wage rate for the locality of the project,the ratio and wage rate specified
in the contractor's registered program must be observed.
ii Equal employment opportunity The use of apprentices and journeyworkers under this part must
be in conformity with the equal employment opportunity requirements of Executive Order 11246,
as amended,and 29 CFR part 30.
5 Compliance with Copeland Act requirements.The contractor shall comply with the requirements of 29
CFR part 3,which are incorporated by reference in this contract.
Previous editions obsolete 6 Form HUD-4010,(10/2023)
ref.Handbook 1344.1
6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in
29 CFR 5.5(a)(1)through (11),along with the applicable wage determination(s) and such other clauses
or contract modifications as the U.S. Department of Housing and
Urban Development may by appropriate instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any lower tier subcontracts.The prime
contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in this section. In the event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including
interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors,
and may be subject to debarment, as appropriate.
7 Contract termination:debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
8 Compliance with Davis-Bacon and Related Act requirements.All rulings and interpretations of the
Davis-Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by
reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its
subcontractors) and the contracting agency,the U.S. Department of Labor,or the employees or their
representatives.
10. Certification of eligibility.
i. By entering into this contract,the contractor certifies that neither it nor any person or firm who
has an interest in the contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of 40 U.S.C.3144(b)or 29 CFR 5.12(a).
ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of 40 U.S.C. 3144(b)or 29 CFR 5.12(a).
iii.The penalty for making false statements is prescribed in the U.S.Code,Title 18 Crimes and
Criminal Procedure, 18 U.S.C. 1001.
11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate,threaten, restrain,
coerce, blacklist, harass,or in any other manner discriminate against,or to cause any person to
discharge,demote,intimidate,threaten, restrain,coerce, blacklist, harass,or in any other manner
discriminate against,any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the DBA, Related Acts, or 29 CFR parts 1,3,or 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or
seeking to assert on behalf of themselves or others any right or protection under the DBA,
Related Acts,or 29 CFR parts 1, 3,or 5;
iii.Cooperating in any investigation or other compliance action,or testifying in any proceeding under
the DBA, Related Acts,or 29 CFR parts 1, 3,or 5; or
iv. Informing any other person about their rights under the DBA, Related Acts,or 29 CFR parts 1, 3,
or 5.
B. Contract Work Hours and Safety Standards Act(CWHSSA)
The Agency Head must cause or require the contracting officer to insert the following clauses set
forth in 29 CFR 5.5(b)(1),(2),(3), (4), and (5) in full, or(for contracts covered by the Federal
Acquisition Regulation) by reference, in any contract in an amount in excess of$100,000 and subject
to the overtime provisions of the Contract Work Hours and Safety Standards Act.These clauses must
Previous editions obsolete 7 Form HUD-4010,(10/2023)
ref.Handbook 1344.1
be inserted in addition to the clauses required by 29 CFR 5.5(a)or 4.6.As used in this paragraph,the
terms"laborers and mechanics" include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation;liability for unpaid wages;liquidated damages. In the event of any violation of the
clause set forth in 29 CFR 5.5(b)(1)the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages and interest from the date of the underpayment. In addition,
such contractor and subcontractor shall be liable to the United States(in the case of work done
under contract for the District of Columbia or a territory,to such District or to such territory),for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchpersons and guards,employed in violation of the clause set
forth in 29 CFR 5.5(b)(1), in the sum of$31 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of
Federal assistance may, upon its own action,or must,upon written request of an authorized
representative of the Department of Labor,withhold or cause to be withheld from the contractor
so much of the accrued payments or advances as may be considered necessary to satisfy the
liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief,
including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on
this contract,any other Federal contract with the same prime contractor,or any other federally
assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the
same prime contractor(as defined in 29 CFR 5.2).The necessary funds may be withheld from the
contractor under this contract,any other Federal contract with the same prime contractor,or any
other federally assisted contract that is subject to the Contract Work Hours and Safety Standards
Act and is held by the same prime contractor, regardless of whether the other contract was
awarded or assisted by the same agency, and such funds may be used to satisfy the contractor
liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in
accordance with 29 CFR 5.S(a)(2)(i)or(b)(3)(i),or both,over claims to those funds by:
A. A contractor's surety(ies),including without limitation performance bond sureties and
payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s)(either a court-appointed trustee or a U.S.trustee,or both) in bankruptcy of a
contractor,or a contractor's bankruptcy estate;
0. A contractor's assignee(s);
E. A contractor's successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in
29 CFR 5.5(b)(1)through (5) and a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts.The prime contractor is responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1)through(5). In the event of any
violations of these clauses,the prime contractor and any subcontractor(s) responsible will be liable for
any unpaid wages and monetary relief, including interest from the date of the underpayment or loss,
Previous editions obsolete 8 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject
to debarment, as appropriate.
5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate,threaten, restrain,
coerce, blacklist, harass,or in any other manner discriminate against,or to cause any person to
discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass,or in any other manner
discriminate against,any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the Contract Work Hours and Safety Standards Act(CWHSSA)or its implementing
regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding,or otherwise asserting
or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or
29 CFR part 5;
iii. Cooperating in any investigation or other compliance action,or testifying in any proceeding
under CWHSSA or 29 CFR part 5;or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract
subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws
referenced by 29 CFR 5.1,the Agency Head must cause or require the contracting officer to insert a
clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic
records during the course of the work and must preserve them for a period of 3 years after all the work
on the prime contract is completed for all laborers and mechanics, including guards and watchpersons,
working on the contract. Such records must contain the name; last known address,telephone number,
and email address;and social security number of each such worker; each worker's correct
classification(s)of work actually performed; hourly rates of wages paid; daily and weekly number of
hours actually worked;deductions made and actual wages paid. Further,the Agency Head must cause
or require the contracting officer to insert in any such contract a clause providing that the records to be
maintained under this paragraph must be made available by the contractor or subcontractor for
inspection,copying,or transcription by authorized representatives of the(write the name of agency)
and the Department of Labor, and the contractor or subcontractor will permit such representatives to
interview workers during working hours on the job.
D. Incorporation of contract clauses and wage determinations by reference Although agencies are
required to insert the contract clauses set forth in this section, along with appropriate wage
determinations, in full into covered contracts,and contractors and subcontractors are required to insert
them in any lower-tier subcontracts,the incorporation by reference of the required contract clauses
and appropriate wage determinations will be given the same force and effect as if they were inserted in
full text.
E. Incorporation by operation of law The contract clauses set forth in this section(or their equivalent
under the Federal Acquisition Regulation), along with the correct wage determinations,will be
considered to be a part of every prime contract required by the applicable statutes referenced by 29
CFR 5.1 to include such clauses,and will be effective by operation of law, whether or not they are
included or incorporated by reference into such contract, unless the Administrator grants a variance,
tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage
determinations are effective by operation of law under this paragraph, the prime contractor must be
compensated for any resulting increase in wages in accordance with applicable law.
Previous editions obsolete ? Form HU0-4010, (10/2023)
ref. Handbook 1344.1
F. HEALTH AND SAFETY
The provisions of this paragraph (F) 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 or her 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 29 CFR 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 U.S.C. § 3701 et seq.
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 obsolete 10 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
CDBG 2024 GREENHILL PARK IMPROVEMENTS
"General Decision Number: TX20250007 01/03/2025
Superseded General Decision Number: TX20240007
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) .
If the contract is entered . Executive Order 14026
into on or after January 30, generally applies to the
2022, 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 $17.75 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 2025.
If the contract was awarded on . Executive Order 13658
or between January 1, 2015 and generally applies to the
January 29, 2022, and the contract.
contract is not renewed or . The contractor must pay all
extended on or after January covered workers at least
30, 2022: $13.30 per hour (or the
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 **
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 ($17.75) or 13658
($13.30) . 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 EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
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)) .
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A
REPORT OF ADDITIONAL CLASSIFICATION AND RATE oms Approval Number 2301-0011
(Exp.sninfral
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 S. CHARACTER OF CONSTRUCTION
❑ Building ❑ Residential
❑ Heavy ❑ Other(specify)
❑ Highway
a. WAGE DECISION NO. (indude modification number,if any) DATE of WAGE DECISION: 7. WAGE DECISION EFFECTIVE
DATE(LOCK.N):
❑ COPY ATTACHED
a. WORK CLASSIFICATION(S) HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFiT(S)(If any)
9. PRIME CONTRACTOR(name,address) 9a. 10. SUBCONTRACTORJEMPLOYER,IF APPUCABLE
(name,address)
❑Agree
9b.SIGNATURE DATE ❑Disagree
Check All That Apply:
❑ The work to be performed by the additional classification(s)is not performed by a classification in the applicable wage decision.
❑ The proposed classification is utilized in the area by the construction industry.
❑ The proposed wage rate(s),including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in
the wage decision.
❑ The interested parties,including the employees or their authorized representatives,agree on the classification(s)and wage rate(s).
❑ Supporting documentation attached,including applicable wage decision.
Check One:
D Approved,meets all criteria. DOL confirmation requested.
O One or more classifications fail to meet all criteria. DOL decision requested.
FOR HUD USE ONLY
LR2000:
Agency Representative Date
(Typed name and signature) Log in:
Log out:
Phone Number
MUD-4230A(919)PREVIOUS EDITION IS oeSOIETE
U.S. Department of Labor Davis-Bacon and Related Acts Weekly Certified Payroll Form VINCI
Wage and Hour Division (For Contractor's Optional Use;See Instructions at www.dol.Aov/whd/forms/wh347instr.htm)
Unless otherwise noted,the information requested is specific to the named project below. U S Wane and Hour Dnvcsion
Persons ore not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev.January 2025
OMB No.:1235-0008
❑ SUBMISSION OF FINAL DBRA CERTIFIED PAYROLL FORM LI PRIME CONTRACTOR C SUBCONTRACTOR Expires:01/31/2028
�. ..._. _. ...._._....._.._._-
PROJECT NAME PROJECT NO.or CONTRACT NO. CERTIFIED PAYROLL NO, PRIME CONTRACTOR'S/SUBCONTRACTOR'S BUSINESS NAME
LREENHILL PARK IMMP. �(_
PROJECT LOCATION WAGE DETERMINATION NO. WEEK ENDING DATE PRIME CONTRACTOR'S/SUBCONTRACTOR'S BUSINESS ADDRESS
ftx20250007 01'03,2025 i
(1A) (1B) (1C) (1D) (1E) (2) (3) (4) (5) iba) (b�) (SC) i (7A) (7B) (8) (9)•
o w , (TOP)DAYS Of WORK WEEK F. r u-
s w �Q' O o un • 0w DEDUCT OM FOR All WORK W
W ¢ (BOTTOM1DATES W ca p W K K •� . .'
0 : wi p - • /2S Q � w � _, t- udJ ug a ?,
ad cc cc te t, 2rr*, g1 I LPp 3v'ZS Aa , ).- a a � _ � � yi o
cd
at ][ I )j Z ec K W r V.i LN V1 Q 3 0
3 3 z o . Sid 5 8 rt � HOURS WORKED � 3 • s d � r)S � � i� p °x s mEg I W �
EACH DAY g y _ t_ z .
ST
OT ,
ST r • ;
- •9
OT i
ST
s i
OT
, . -I• r
ST 4
OT
. 4 . s ,
ST f , k
-_ I
OT "
ST
OT
i t r
ST
OT 4
O3 I -1 _ ---4
While use of Form WH-347 itself Is optional covered contractors and subcontractors performing work on Federal or federally assisted wnstructton contracts are required by the DBRA regulations and the contract clauses to submit payroll information on
a weekly basis.The Copeland Act(40 U.S.C.kJ 3145)requires contractors and subcontractors performing work on Federal or federally financed construction contracts to,on a weekly basis,'furnish a statement on the wages pa d each employee during
the prior week'V.S.Department of Labor IDOL)Regulations at 29 C.F.R.y 5.S(a)(3)(ii)require contractors and subcontractors to submit weekly certified payrolls to the appropriate Federal agency if the agency is a party to the contract(or,if the agency
is not such a party,to the applimnt,sponsor,owner,or other entity,es the case may be that maintains such records,for transmission to the Federal agency).Each certified payroll must be accompanied by a signed"Statement of Compliance"(e.g.,page
2 of the WH-347 or another document with identical wording)indicating that the certified payrolls are accurate and complete,and that each laborer or mechanic has been paid not leas than the required Davis-Bacon prevailing wage reacts)(including
any fringe benefits)for the work performed.DOt.and contracting agencies receiving this Information review the Information to determine whether workers have received legally required wages and fringe benefits.
Public Burden Statement
We estimate that it will take an average of 55 minutes to complete this collection,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information.If you have any comments regarding these estimates or any other aspect of this collection,including suggestions for reducing this burden,send them to the Administrator,Wage and Hour Division,U.S.Department of labor,Room S3502,
:000onstitution Ave n.o.NW.Washirlr-orLDE,_'27210 ;oven
Record of Employee U.S.Department of Housing OMB Approval No.2501-0009
Interview Instructions and Urban Development (exp. 1213112024)
Office of Davis-Bacon and Labor Standards
lestruciions
general:
This form is to be used by HUD and local agency staff for recording information gathered during on-site interviews with laborers
and mechanics employed on projects subject to Federal prevailing wage requirements. Typically,the staff that will conduct on-site
interviews and use this form are HUD staff and fee construction Inspectors,HUD Labor Standards staff,and local agency labor
standards contract monitors.
Information recorded on the form HUD-11 is evaluated for general compliance and compared to certified payroll reports submitted
by the respective employer. The comparison tests the veracity of the payroll reports and may be critical to the successful
conclusion of enforcement actions in the event of labor standards violations. The thoroughness and accuracy of the information
gathered during interviews is crucial.
Note that the interview itself and the information collected on the form HUD-11 are considered confidential. Interviews should be
conducted individually and privately. All laborers and mechanics employed on the job site must be made available for interview at
the interviewers request. The employee's participation,however,is voluntary. Interviews shall be conducted in a manner and
place that are conducive to the purposes of the interview and that cause the least inconvenience to the employer(s)and the
employee(s).
Coms�fineihe form HUD-11:
Items la-lc: 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(e5)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 HOD-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 HOD-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. It discrepancies are noted,follow-up actions to resolve the discrepancies must be taken.
f svloue editions emir y` Form HUD•lf f4572c2{(
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 irtfor eat en is 15 minutes par response on$versos. This includes reviewing instructions,searching existing data sources,
gathering.and maintaining the date,and completing the tobection of information, This information may not be collated,nor are you required o provide,the information requested unless
displays a currency valid OM$oordr0l number.The information Collected ensures compliance with the Federal Leber standards through recording interviews with Construction workers.The
iNametion collected assists HUD in compliance monitoring of Federal tabor standards.Any information collected is covered try the Privacy Act of 1974 and by 29 CFR 5 8(aX5). Indvdur
and agencies C011eclang this information must maintain these records in a manner Mat protects the individuals on whom the information is maintained.The informeeon cdlectad herein is
voluntary,and any information provided shall be kept confidential,but failure to provide the Information collected may delay enforcement of any posaibls Federal labor standards violations
the information would have identiled any. Comments concerning this burden statement,or tubs collection should be sent to:National Director,Office of Davis-Bacon and Labor Standards
451 Mt Sena SW Priem 7.109,Weshinelon DC 20410 When providirvi rnmments cease mint to,aMS Morava!7§01-0004
PtaswM b 5 U.S.C.§552e(ex3),this Privacy Act Statement serves to inform you of the following concerning the collection of the info rnabon on this torn
A.AUTHORITY,Collection of the information solicited on this form is authorized by the Davis-Bacon Act as promulgated through Department of Labor Regulations under 29 CFR Pan 5.
S.PURPOSE:The printery purpose for soliciting this information is to determine If the wages paid by an employer on a project covered by the Davis-Baton Ad are in compliance with fade
labor standards.
C.ROUTINE USES:The Information collected ensures cornptrance with ate Federal labor standards through recording interviews with construction workers on topics related to wages p
on the project The information I reviewed by MUD authorized personnel to ensure compibnc with Federal tabor standards under the Davis-Bacon Act on covered pra(acta. If vidabns
found,the information collected is used to conduct enforcement actions to ensure restiweon Is paid to workers of covered projects are paid proper wages under the Davis-Bacon Act.
D.CONSEQUENCES Of FAILURE TO PROVIDE INFORMATION:The mtornation collection is voluntary. Refusing to give information will not impact your status with your employer or I
government. Failure to provide the information we limit the ability of HUD to determine if 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.
'1a.Protect Name 2a.Employee Name
lb.Protect Number 2b. Employee Phone Number(including area code)
lc. Contractor or Subcontractor(Employer) 2c_ Employee Home Address&Zip Code
2d.Verification of identification?
Yes No
3a.How long on this 3b.Last date on this 3c.No.of hours last '4a.Hourly rate of pay? 4b.Fringe Benefits? 4c. Pay stub?
job? job before today? day on this job?
Vacation Yes No Yes No
Medical Yes No
Pension Yes No
5.Your job classifications)gist al)—continue in block 18 if necessary
6.Your duties—continue in block 18 if necessary
7.Tools or equipment used—continue in block 18 H necessary
8.Are you an apprentice or trainee? Yes No 10.Are you paid at least time and'/±for all hours 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
12a.Employee Signature 12b.Date
13.Duties observed by the Interviewer(Please be specific.)
14.Remarks—continue in block 18 if necessary
15a.Interviewer Name(Please Print) 15b.Signature of Interviewer 15c.Date of Interview
Payroll Examination
16,Remarks—continue in block 18 if necessary
17a.Signature of Payroll Examiner 17b.Date
Prevue editions are obsolete Term HI1D.11(1212021j
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
18.Additional Remarks
Previous editions an obsolete FormKb-11(12/202%I
PAYROLL DEDUCTION AUTHORIZATION FORM
This is authorization to the
to deduct from my paycheck$
*This is for item number as shown below:
Repayment of
1. Loan 7. Credit Union
2. Retirement 8. Profit Sharing
3. Advance on Wages 9. Donations to Agencies
4. Savings 10. Insurance Premiums
5. Saving Bonds 11. Union Dues
6. Uniforms
'This deduction is to be made:
Check Appropriate Box
One Time Only
Weekly
Bi-Weekly
For Weeks
Date:
Employee's Signature:
Printed or Typed Name:
Project Name and Number:
PERMISSIBLE PAYROLL DEDUCTIONS
The "Anti-Kickback" regulations of the Copeland Act permit the following deductions
from the workman's weekly wages:
1. Where required by Federal, State or Local Statutes.
2. Bona fide payment of wages without discount of interest.
3. Deductions required by court process, provided such deduction is not in favor of
the contractor, subcontractor, or any affiliated person, or where collusion exists.
4. The purchase price of United States Notes, Stamps and Bonds.
5. The repayment of loans to or the purchase of shares in, credit unions organized
and operated in accordance with Federal or State statutes.
6. Contributions to a Federal Government or quasi-govemmental agency.
7. The payment of dues or premiums to unaffiliated associations for medical or
hospitalization insurance where the employer is not required by law to supply
such benefits.
8. Contributions to the Red Cross and Community Chests.
9. Regular union initiation fees and membership dues where a collective bargaining
agreement provides for such deductions. (This does not include work permits or
special assessments.)
STATEMENT OF NON-PERFORMANCE
Payroll Number:
I, do hereby state that
(Na,,.of Slgnoto y pasty) (Tilt)
NO PERSONS employed by performed work on
(wme of sutxnknnp company)
the construction project known as
for the payroll period commencing on the day of
(I.dais of week) (month)
and ending on the day of
Oast dote of we i( (month)
Signature of Authorized Person
Date
'THIS STATEMENT IS NOT REQUIRED TO BE SUBMITTED UNTIL AFTER
SUBMISSION OF THE INITIAL PAYROLL REPORT
REV 2123/20it
Appendix II to Part 200,Title 2(up to date as of 10/31/2024) Appendix II to Part 200,Title 2(Oct.31,2024)
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
This content is from the eCFR and is authoritative but unofficial.
Title 2—Grants and Agreements
Subtitle A—Office of Management and Budget Guidance for Federal Financial Assistance
Chapter II—Office of Management and Budget Guidance
Part 200—Uniform Administrative Requirements,Cost Principles,and Audit Requirements for
Federal Awards
Authority. 31 U.S.C. 503;31 U.S.C.6101-6106;31 U.S.C. 6307;31 U.S.C.7501-7507.
Source: 89 FR 30136,Apr.22,2024,unless otherwise noted.
Appendix II to 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.
(A) Contracts for more than the simplified acquisition threshold,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.
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
2 CFR Appendix-II-to-Part-200(D)(enhanced display) page 1 of 3
Appendix II to Part 200,Title 2(up to date as of 10/31/2024) 2 CFR Appendix-II-to-Part-200(E)
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
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.
(El 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 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. 7401-7671 q.) 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. 7401-7671 q) 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 governmentwide exclusions in the System for Award
Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp.,p. 235),"Debarment
and Suspension."SAM Exclusions contains the names of parties debarred,suspended,or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award.
See§ 200.323.
2 CFR Appendix-Il-to-Part-200(J)(enhanced display) page 2 of 3
Appendix II to Part 200,Title 2(up to date as of 10/31/2024) 2 CFR Appendix-II-to-Part-200(K)
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
'K) See§ 200.216.
(L) See§ 200.322.
178 FR 78608,Dec. 26,2013,as amended at 79 FR 75888, Dec. 19,2014;85 FR 49577,Aug. 13,2020]
2 CFR Appendix-II-to-Part-200(L)(enhanced display) page 3 of 3
COMMUNITY DEVELOPMENT/GRANTS MANAGEMEN/DEPT
CERTIFICATE FROM CONTRACTOR/SUBCONTRACTOR
DESIGNATING OFFICER OR EMPLOYEE
TO SUPERVISE PAYMENT OF EMPLOYEES
Protect Name cifGttn A;II PI►$K Piwy'rovha Date S/I3/25
Local+on t 8t 1 Nicole CiI'. garu t t ak. I ( Protect No - IS— 011
(I) (We)hereby certify that(I am)(we are)(theepnme contractor)(a subcontractor)
for Emu*.I (Instruc "n °VI f L j MAI IkthII in connection with
(Specify"General Construction,'"Plumbing' 6ofing,'etc.)
construction of the above-mentioned CDBG Protect,and that(I)(we)have appointed
Try Alv. whose signature appears below,to supervise the payment
of(my)(our)employees beginning Ma t3 , 20 2S That he/she is in a position to
have full knowledge of the facts set forth in thepayroll 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(I)(we)submit to the City a new certificate appointing some other
person for the pure erein above stated
IA M..s 441 try A L.►.ldx•rt y GLC
(S' of rntee) (Name of Firm or Corporation)
List with signatures all owners, partners,and/or officers of the Corporation below:
(Signature) TWO
(Signature) (Title)
(Signature) (Title)
NOTE:This certificate must be executed by authorized officers of the corporation and/or by members of the
partnership,and shall be executed prior to and be submitted with the first payroll Should the appointee be
changed,a new certificate must accompany the first payroll for which the new appointee executes the
Statement of Compliance required by the Kick-Back Statute A new designation is not necessary as long as
the person signing the Statement of Compliance is an owner partner or officer of the Corporation whose
signature appears above
Revised Januan 2019
Form W-9 Request for Taxpayer Give form to the
(Rev.March 2024) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Go to ww.irs.gov/FormW9 for instructions and the latest information.
w
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 I,and enter the business/disregarded
entity's name on line 2.)
The PlayWell Group, Inc.
2 Business name/disregarded entity name,if different from above.
cn 3a Check the appropriate box for federal tax classification of the entityAndividual whose name is entered on fine 1 Check 4 Exemptions(codes apply only to
c only one of the followng seven boxes. certain entities,not individuals;
ca see instructions on page 3):
❑ Individual/sole proprietor ElC corporation ❑ S corporation II] Partnership ❑ Trust/estate
ai in El LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) Exempt payee code(if any)
Note:Check the'LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax
u classification of the LLC.unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax
0 I. box for the tax classification of its owner. Compliance Act(FATCA)reporting
e ❑ Other(see instructions) code(if any)
a u
3b If on line 3a you checked"Partnership"or'Trust/estate,"or checked"LLC"and entered"P"as its tax classification,
m and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check ❑ (Applies to accounts maintained
a this box if you have any foreign partners,owners,or beneficiaries.See instructions outside the Unfired States)
o5 Address(number,street.and apt.or suite no.).See instructions. Requester's name and address(optional)
203A State Highway 46 East
6 City,state,and ZIP code
Boerne,TX 78006
7 List account number(s)here(optional)
Part I 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. 7 5 — 2 6 5 8 1 0 8
Part II 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.I 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.I 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 subiect 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,canoe tion of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments
other than interest and dividen s,you are not required,tqisign the cert' ation,but you must provide your correct TIN.See the instructions for Part II,later.
Sign Signature of
Here u.s.person a p Date 2//1.) G1
General Instructions New line 3b has been added to this form.A flow-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/FormW9. 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)
M•ILB' WARNING, UTILITIES IN
NOTE TO CONTRACTORS
AREA. LOCATE LINES PER SPECIAL CONDITION 02 09, '.t.
BEFORE DIGGINGII I z
CONTRACTOR WILL CONSTRUCT � �^
114
!0� 8'WIDE CONCRETE
,• \ PLAYCURB TO BE N" o.'.E4'
COMPLETE IN PLACE BY
,.: - AUGUST 22, 2005 B
d
\it
�r i PROP D
CONY% E i\?....,, __,..._-\
,1 PLAY��•H .
r.
F
z
CDP❑INT OF BEGINNING O CURB LAYOUT
SCALE 1'=10' SCALE. l'=10'
® W
A
O
® --� DRAIN 0 TLET
j _. RE: SHEE P-3
Am% \�1 pp. �o ti as
, .
\ ,, `�\� 4 DRAINLINE y
11 Mt'
,.. ��i� r C.a
... m .;\ �: r --
! �G u
i V g
i 0 3
75
ti N
n^� I f u
_ A z e;
PROPOSED PLAYGROUND ) '" A a
^„ n�•� RANGEMENT AND L x a
rc.oa URFACING j M �"a.^S
`-� / ( Y OTHERS) %\ f --- ( w+E 0)( 1 C
V t0
\ 5 / 0 N D.
c.) c7 a
DATC SHEET
C PLAYCURB ELEVATION °EQUIPMENT C❑NFIGURATI❑N J T� 1\ OSCALE: 1'=10' SCALE: N.T.S. ,�`—��C. �- NTS. — 1-1
41
ATTACHMENT Q-GREENHILL PARK LOCATION
00 iiivi,
\ :;
% .10 4 digill0
% 0 140
, ' I.Oila 00
IIIPPI
•0 00 \:7.
111
1 of 1