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R-2025-259 - 10/9/2025 RESOLUTION NO.R-2025-259 WHEREAS, the City of Round Rock ("City") has duly sought proposals for the purchase of equipment for the Community Development Block Grant ("CDBG") Greenhill Park Playground Project; and WHEREAS, The Play Well Group, Inc. has submitted the proposal determined to provide the best value to the City considering the price and other evaluation factors included in the request for proposals; and WHEREAS, the City Council desires to enter into an agreement with The Play Well Group, Inc. for the purchase of equipment for the CDBG Greenhill Park Playground Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Equipment for the CDBG Greenhill Park Playground Project, a copy of same being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of October, 2025. CR G ORG ,Mayor City of ound k, Texas ATTEST: ANN tRANKLIN, City Clerk 0112.20252.4899-3493-7451 EXHIBIT A CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF EQUIPMENT FOR THE THE CDBG GREENHILL PARK PLAYGROUND PROJECT WITH THE PLAY WELL GROUP,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 Park Playground Project through the Community Development Block Grant (CDBG) Program (referred to herein as the "Agreement"), is made and entered into on this the day of the month of , 2025 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 THE PLAY WELL GROUP, 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 goods, specifically playground equipment 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 1 Agreement includes the Request for Proposal ("RFP"), Solicitation No. 25-017) dated April 2025 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 One Hundred Ten Thousand Six Hundred Twenty-Nine and 35/100 Dollars (S110,629.35)for the goods and services set forth in Exhibit"A." 6.01 INVOICES All invoices shall include,at a minimum,the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received or services provided; and D. Delivery or performance dates. 7.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may 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(acroundrocktexas.gov Elizabeth Alvarado CDBG Coordinator 221 East Main Street Round Rock,Texas 78664 (512)341-3328 ealvaradofAroundrocktexas.&ov 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:/iwww.roundrocktexas.goviwp-content/uploadsi 2024.112/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/l00 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: The PlayWell Group, 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 The PlayWell Group,Inc. By: Printed Name: Printed Name: Irbridk t k / Title: Title: _U fi 1_PS 'f G '._.. Date Signed: Date Signed: 49 Z( 2S Attest: By: Ann Franklin, City Clerk For City,Approved as to Form: By: Stephanie L. Sandre, City Attorney Last and Final Cost Proposal .11 • 1-I 1 . —ter n 141.1 0 1. r d r ivy PlayWell Greenhill Park ®PLAYCRAFT Option B PlayWell $110,629.35 PlayWorks $40,230.48 Total Project Cost $150,859.83 The PlayWell Group, 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. All other entities require 50%down and balance Net 30. All past due amounts will be subject to a finance charge in accordance with the Texas Prompt Payment Act,Chapter 2251,Texas Government Code. Delay of Installation(if applicable): If the Customer delays the installation,the stored product will be invoiced with a term of Net 30. 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. FEDERAL/STATE GOVERNMENT AND CO-OP'S CONTRACT Available the Federal/State Government,Co-Op's and agency accounts on many items. Call your Sales Consultant for information. SALES TAX Will be added to the invoice,except when a tax-exempt/resale certificate is furnished,or your entity qualifies in your state as tax exempt. FREIGHT CHARGES/DELIVERY TERMS All shipments are F.O.B factory, except where specifically stated otherwise. Every effort is made to comply with scheduled shipping dates:however,The PlayWell Group, Inc.,is not liable for any loss or damage arising out of delay in delivery of any of its products due to causes beyond the control of the Company. DAMAGE/SHORTAGE CLAIMS All claims for concealed loss or damage to the product must be noted in the Bill of Lading or delivery ticket and reported immediately to our Customer Service Department. All claims for product damage and shortage via common carrier must be promptly made by consignee (customer) direct to The PlayWell Group's Customer Service Department. When reporting damage, be sure to hold all containers and packing materials for inspection(claims should be filed within 15 days of receipt of shipment). FREIGHT CARRIER INFORMATION All freight is shipped unassembled via common carrier. Made via common carrier to the end user, the customer is responsible for unloading all deliveries. COLOR CHOICES Be sure to specify color selections when ordering. Please sign the attached Color Selection Form(if applicable). INSTALLATION Installation/Prices are not Included in this Quotation. A separate installation quotation must be included with your order If Installation is required PLAYGROUND SURFACING WARNING All play equipment must be installed over impact absorbing surface. Go to www.cpsc.qov for more information. SITE ACCESS FOR SURFACING MATERIALS/INSTALL It is highly preferred that a level site is free of any obstacles that encroach upon the required fall zone for your design.The site access must have a maximum of 25'for accessibility by heavy machinery(trucks,trailers,and Bobcats). Irrigation sprinklers and/or water systems must be shut off 24 hours before installing surfacing and remain off for an additional 24 hours after. CONCEALED CONDITIONS—ROCKS, UTILTIES, IRRIGATIATION, SEWER & DRAIN, SUPPLY ABANDONDED LINES The PlayWell Group,Inc.,reserves the right to charge for additional manpower and equipment rental if subcontractors encounter rock that cannot be penetrated to dnll 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 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 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. NOT INCLUDED FOR THE SURFACING MATERIALS/INSTALLS Site security,bonding,permits or licenses,site preparation,excavation,subbase,concrete,compaction of aggregate,curbing,drainage, fencing,dumpster,demolition,trash removal,tenting or artificial heating due to weather,and roll coat maintenance. 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 surfacing will be delayed. ESCALATOR CLAUSE Due to the current volatility of the surfacing raw material and shipping and labor,expired proposals may be subject to a price increase. Please contact your Sales Rep for current pricing,if applicable. Signature section on the next page. PRODUCT WILL BE ORDERED IMMEDIATELY UPON RECEIPT OF WRITTEN APPROVALS. Please email or fax all pages. Sales Quote#: 26378 Purchase Order#: Signature: Date: Quote# playweil w.playwellgroup.com 6378 ww800.726-1816 TM PlayWell Group.Inc 505-296-8900(fax) Athletic Park and Playground Equipment Serving Colorado Texas.New Walco Ok-ahoma and Arkansas since 1988 Bill To: Ship To: Quote Details: City of Round Rock City of Round Rock-Greenhill Park Date: 6/2/2025 Accounts Payable TA Masonry-Troy Alvarado 221 East Main Street 1825 Nicole Circle Terms: NET 30 Round Rock,TX 78664 Round Rock,TX 78664 Expiration: 7/2/2025 Sales Rep: CES Phone: (512)218-5547 Phone: (512)658-7265 PO#: \ , , Item Description Qty List Price Disc. Price Total OPTION 1 PLAYCRAFT PC-2181 8'SINGLE POST SWING BAY(2 SEATS) 1 2009.53 1,848.77 1,848.77 PC-2181-AB 8'SINGLE POST SWING BAY (2 SWING SEATS)ADD-A-BAY 1 1498.65 1,378.76 1,378.76 PC-313010 BELT SWING SEAT 2 192.61 177.20 354.40 PC-311010 FULL BUCKET SWING SEAT 2 415.09 381.88 763.76 R50 R5 CUSTOM PLAY SYSTEM-R509D495B 1 67836.83 62,409.88 62,409.88 R50 R5 CUSTOM PLAY SYSTEM-R50B5032B 1 28790.56 26,487.32 26,487.32 PC-1302 SAFETY SIGN(2-5, HDPE) 1 1283.38 1,180.71 1,180.71 PC-1303 SAFETY SIGN(5-12, HOPE) 1 1283.38 1,180.71 1,180.71 SHIP SHIPPING&HANDLING 1 8949.94 8,949.94 8,949.94 GWG FIBER-GWG ENGINEERED WOOD FIBER 135 21.33 20.26 2,735.10 SHIP SHIPPING&HANDLING 1 3340.00 3,340.00 3,340.00 Need Help? "1 Call: 800-726-1816 Mon-Fri:8:00AM to 5:00PM Email:Invoiceiplaywellgroup.com Please review our attached Terms&Conditions for complete detail regarding this �Ouote. J Ways to Pay Approval Check Credit Card-Usage Fee 3.5% Quote Valid for 30 days. Product will be ordered Remit Payment to: Call:800-726-1816 upon receipt of written approvals and/or deposit. The PlayWell Group,Inc. Mon-Fri:8:00AM to 5:00 PM 203A State Highway 46 East Boerne,TX 78006 Signature: t�M A I ,w81€ ecnec =-_—^ Date: / / J Page 1 Quote# w .playwel Igroup.com 26378 Playi'lell ww844126.1816 The PVaywall Croup.aK 505.296.8900(fax) Athletic Park.and Playground Equipment Serving Colorado Taxa*Nana Maai'o Oklahoma and Arkansas since Vila Bill To: Ship To: Quote Details: City of Round Rock City of Round Rock-Greenhill Park Date: 6/2/2025 Accounts Payable TA Masonry-Troy Alvarado 221 East Main Street 1825 Nicole Circle Terms: NET 30 Round Rock,TX 78664 Round Rock,TX 78664 Expiration: 7/2/2025 Sales Rep: CES Phone: (512)218-5547 Phone: (512)658-7265 PO#: Item Description Qty List Price Disc. Price Total FIBER DELY-G... FIBER DELIVERY GWG WOOD-The area where the wood fiber is to 1 0.00 0.00 0.00 be delivered must be accessible to 45'Trailers/height of 13'5"for unloading of safety surfacing.Please note that there may be signs of access afterwards.If the site is not accessible,please notify GWG Wood as soon as possible,as extra freight charges could be added. On split loads customers are responsible for determining the quantity needed at each site,accept deliveries on the same day and additional charge could be added.Customers will be contacted with a delivery time the day before delivery.30 minutes of driver watt time Is included In freight charge.Longer wait times will result in a$50 per half hour additional freight charge. Need Help? Subtotal $110,629.35 Call: 800.726.1816 Mon-Fri.8:00AM to 5.00PM Sales Tax (0.0°/d) $0.00 Email invoice@playwellgroup.com Please review our attached Terms&Conditions for complete detail regarding this Total $110,629.35 Quote. OF Ways to Pay Approval Check Credit Card-Usage Fee 3.5% Quote Valid for 30 days. Product will be ordered Remit Payment to: Call:800-726-1816 upon receipt of written approvals andlor deposit. The PlayWell Group,Inc. Mon-Fri-8:00AM to 5:00 PM 203A State Highway 46 East Boerne,TX�78006 Signature: Y/yA ,.'W1RE cchec Date: ! I Page 2 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/N 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): eigi «n+a 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 riot 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 Pflugerviile Name of Contact Shane Mize Title of Contact Director of Parks and Recreation E-Mail Address shanm@pflugervitletx.gov Present Address 400 Immanuel Rd City, State, Zip Code Pflugerviile,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 Parts and Recreation E-Mail Address Mike.Devito©cedarparktexas.gov Present Address 1435 Main St City, State, Zip Code Cedar Park,TX 78513 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(dsanantonio.gov Present Address Municipal PlazaBld.114 W.Commerce St 11'"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 CO 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 work to be performed 2. Subcontractor Name Name of Contact Title of Contact E-Mail Address Address City, State, Zip Code Telephone Number ( ) Fax Number: ( Describe work to be performed Percentage of contract work to be performed • Add additional pages as needed 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 standardlolrform 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 proiect. • All Federal posters included in this bid packet will need to be posted at the job site for the duration of the project. I. COBG Required Certifications All required certifications should be reviewed, completed,and submitted with the final bid/proposal packet. tf 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.sarn,aov 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 Contractors Authorized Official Name of Contractor's Authorized Official j t,-e ,AtA{nt11Q Title of Contractor's• or Authorized� Official. _ �(Y 5 Svepo Date 5-9 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 MBENVBE participation 2 Assuring that MBEs and WBEs are solicited whenever they are potential sources of goods or services.This activity may include. a. Sending letters or making other personal contacts with MBEs and WBEs (contact CDBG for website information)or other MBE/WBEs known to the bidder. MBEs and WBEs should be contacted when other potential subcontractors are contacted, within reasonable time (fifteen days)prior to bid submission or closing date for receipt of initial offers. Those letters or other contacts should communicate the following. i.Specific description of the work to be subcontracted; ii. How and where to obtain a copy of plans and specifications or other detailed information needed to prepare a detailed price quotation; Date quotation is due to the bidder; iv. Name, address, and phone number of the person in the bidder's firm whom the prospective MBENVBE subcontractor should contact for additional information. b. Sending letters or making other personal contacts with local, state, Federal, and private agencies and MBENVBE 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 MBENVBE requirements to be deemed responsible. Demonstration of compliance shall include,but is not limited to,the following information' 1. Names, addresses, and phone numbers of MBENVBEs expected to perform work 2.Work to be performed by the MBEs and WBEs; 3. Aggregate dollar amount of work to be performed by MBEs and WBEs, showing aggregate to MBEs and aggregate to WBEs separately; 4. Description of contacts to MBE and WBE organizations, agencies, and associates which serve MBE/WBEs, including names of organizations, agencies,and associations, and dale 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 // (( �J WORKSHEET Grant Applicant 4l`FV O f�)".4 AM, L. Project Number 2, - t71 Contractor/Engineer 'T jjttleI L D.tp �✓ Address.City,State,and Zip ZO3,4 Sk-4 1-114��...G , 4( fay+ 'ever.)e J A 7960(g Contact Person Cc.r4 51*w6rn0..5 Telephone No 572-YZ4-7 Z 2 Amount of Contcact< C.; MBE Percentage C} WBE Percentage: CA I. MBE ' Subcontractor WBE Address,City,State,Zip Contact Person Amount of Subcontract Tax ED 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 Wcrk 4. MBE Subcontractor WBE Address,City,State,Zip Contact Person Amount of Subcontract Tax ED Number Scope Of Work THE P LAYW E L L GROUP, •Active Registration INC. Unique Entity ID CAGE NCAGE JLVNMMJB4NS5 061Q5 Nov 4.2o25 SYSTEM FOR AWARD MANAGEMENT REGISTRATION AND ACTIVATION Any tb(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 10 (UEll/: Bidders are required to provide the UEI0 To register, please access the following Internet website http,llsam gov What Is the UEI? Beginning April 2, 2022,the federal government will stop using the GUNS number issues by DUN and Bradstreet to uniquely identify entitles. 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 Fg.gov. Their phone number is(866)606-8220. PlipLAycRAFT. SYS T E MS A PLAY 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 manufactures 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. — 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 COBG CONTRACTORS Introduction Prospective COBG 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 COBG 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 COBG-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 II City Officials,Their Family,or Business Partners Benefittinit from CDBG Protects. 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. 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 -aoa5 -- � Gip Printed Name and Title: Authorized Signatory. -jAktM-koNiach 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 570.61 a(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, 0 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: Authorized Signatory. ►C AkCIIN CA/ 40S S qf+ JLanuJ)) Certification Regarding U.S Department of Housing Debarment and Suspension and Urban Davotoptnant Cartf fcatlon A. Centflcanon Regarding Debarment Susparuton and Ottt.r Responsibility Matters - Primary Covered Transacttorta I the proapeca•a primary p•rteupent certifies to the bast of its knowledge a The prospecte primary perk/Want shaft Mode trrvn.6rate and bent that to principals ambers nObci to the department Of agency to*tom this proposal s ■ubmated d at arty tens the pmofpeomre primary ldpanl learns a Are ref presently debase°, suspended. proposed Ion debarment Soo its can5ftutlon was erroneous when submtw d or has become d.dared tnegibie,or rdvtenty excluded from covered frene•ctiOna by er.vteous by newton of changed Cutunssenots any Federe debarment cr epency S The terra covered Usnsactbn, debarred, suspended. b ftsw no'. *Ohm • 7use.yeer penal DNc*dwg mu proposal been Ineligible,lower tier covered Mnaactoo,participant,potion, convicted of or had a eras judgment rendered ag•iret them for commission primary covered tnne•edOrt. prtncipot t/feposai, sod 01 fraud or•fsnwW offense tin comecoon *is,obtaining.aber+W rg to voluntarily.schrdsd. as used m tree disuse.Saw ON meanings obtain. or porformng a public (Fadersi, Stabs. or but)transactor of NI out in tie Overbore and Coverage satPons of the riles contract under a pubic transeot:or vAratgn Of Federal or State antitrust implementing E_recuwe Order 12549 You may contact the e etuted or commission of embezzlement thee forgery Onbery department or agency to*Stich This proposal et tang suborned for fatvbcrnon,or destruction of records meting faze suurnenl or receiving esshslance in obtaining•copy of these-sculptor* MOO.property 6 The prospective prmarry parbcipant egrets by submitting this c Are not presenny indOded for or otherwr{Amenity or Cnnhy chapped by proposal that,should Ow propesad covered t,*neaeaon be entered •govemnsnul entity{Federal.State or local)vnth oommhulon of any d .nto,n ONO not kno vgly enter any lower tier covered transaction de ortenses enumerated in peragnpn(1)(b)of ass canmabon.and with a parson who u debarred,suspended declared tneegible,or voluntarily excluded from pamctpabor n who wme6 transactors d Have not within•three-year period preceding the.pNrcabon1propoe.i unless aue+Mz.o by the depa•trront a cgwAy entering Into mn had one or more pubbC troniaCbons(Federal.Sete or local)armlet/id for transaction cause or default The prospective primary parbdpant further agrees by Wba•tng 2 where due prodpecew prensry participant d unable to comfy to any o' :bus proposal that n wit ncAnOS the clause Stied -Cenffcatron era statement el this certrflctbon such PodPoctve part a pant the eba-r Regarding Oe0an enl, Suspension. Inetgostly and Voluntary an explanation to mts propose Exclusion Lower Tier Covered Transaction.' provided by the department or agency entering nto lists Covered Uantac on.without instructions for Certt4cauwn(A) modification, In a'1 lower tier covered Uensacbae and to au sobatarons for on.,oer covered transactions 1 By s'go rig end su0mrning ohs proposal the prospective penoary participant d pmv.Lng the certA•Cabon set out below 8 A partidps r1 in • covered tranadon may rely upon a certification of a prospedtra pebopart in a low, ear covered 2 The vnabncly of a person to provide the ceN/raton moored below r_i Li anaac0Os that i1 a nob debarred suspende0. Ineligible, or not necassenty,esuft,n denial of Wnsuisa0on in IN,covered transactors voluntarily excluded lam the covered uans•eton.vnleu iI knows The prospective psrocpant sisal submit en explanation of why if cannot that this certification el erroneous A WAX/pant may decide the provide the certficabon sat out below The anfiutton or explanation WI method and frequency by whop it dete,rmu,es this ttp,midy of to be consrdereo n COn(eclnOn +NUN the depebmenl or agency: ynnopafs E•ch pertiupant may,bvt is not moved to,check the deter000e0r wheeler to enter Into(Ins tea ls•c9on However,fake.d Non procunneel fist Ns proapectre pwnery paltcpanb to furbish a arlfcabon of the preepeceee primary pabcipent to(e melt,•eie,tifiubon on an esplanal'on 9 Nothing cont►ned m the foregone that be coroUued to regale sratl 6rwutliy such pentOn frees yw-topahon N thK trensacl on 0341b liniment ea system of records In order to lender In good Fenn the artdoaton required by eon cteuse TM knowfedge and 3 The cenificabon tin thrt louses•m•tenal represenetuon of fad upon nfonma00n of a panic/pant is not metered to arosed that which rs witch Nkomo,was to place when UN department or agency deb:Rowed to normally possessed by•prudent person n the ordinary course of sofa(Into this transaction If tt to tater defennned that She prospective bushes dealings onnwy pamopanl li owriey rendered on erroneous canifiunon n eddrbon to other remedes evatuole to the Federal Government Use 10 Except to Mnsactans authonc.d under twegrean(61 of these department on agency may terminate rn's Vanead+on to cause or default nsmuclions. A a panidpent in a covered transactor bxswngiy colors Into a loner Oar mveed VensactiOn with a person who is suspended debarred. meletbie, or voluntarily esouded horn pamcipetron n this transactors m add•bon to other rertedes •nsaable to Use Federal Government, the department a agency may termnaie this bensecnon boo cause of detaun page I y 1 form HHUo-2992(3198) CertMudon 8' Ce+thicetlon Regarding Debarment, Suspension. Ineligible and Voluntary Exclusion-lower Thin Cowered Treneectoo.n 1 Tne prospective lower bet pMcpent g!fes. by submission of tivs S The prospective keret ter paxbopent egret)by tubnetbng th s proposal.bet meaner a rot cis pracipals le pressntty debarred suspended. proposal that"thanld the proposed covered trenescbon be entered MOO-WI its debarment declared arebgible.or voluntarily excluded horn into.it shah not anownyvy enter Otto an lower tier transaction well s psrbcipebon in this trensection by any Federal department or regency person who is debarred. suspended. declared neaglbte. or vokattaray saduded horn prbcipebon in this covered transaction 2 Where the prospective tower oar pertopsnt is unable to tastily to any of unless euthonted by the department or egrCy with wroth bus the statments in airs cenrecaeon.such prospedne participant shall attadt transaction ongayted en eayanelbn to Ile proposal 8 The prospectse lower tier participant further agrees by tnsbvctlona for CereRcebon(St sub/ratting this proposal met a *At include 11%.1 douse titled 'Cer4Npbon Reposing Deberm ant. Suspension.InehQlbikty and 1 Sy sapling and submteng tin oroposat. the prospective tourer tier Voluntary Exclusion- lam Tyr Covered Tre section'without parer-Sent a prowdug the cerbf stwn sat out below ncdticatron. In YI lower her cowered asnsecbons and in all seacdatlons for tower Or copied barsecsons 2 the certification lit the Have A a material repreSenWion of tad upon inch reliance wee Owed when this trensacbon wet entered Into it it Is 7 A parbopant In a covered barsecbon may rely upon a tstar dotal need that the prospective lower bar participant krovnngry cerbdutton of a prospeetrve pareupent n a beer bey covered rendered se a moneors cerbtcatbn.In add bon to other wen idtea available tra nsaClrOn that it y not debarred, stapended, %eligible, or to the Federal Government. the tieperbnen! or*pricy,Nisi .'oco this voluntarily excluded from Ire covered transaction.unless d known bensecbon nngineted may pursue evi:table remedies including suspensor that the certrbraton is erroneous A perbopara may decide than and/or debarment method and frequency by weveh rt determines the alhgibtty of Its prindpsis Each prticgrd may buts not required It.dtedr be 3 the prospective tower air parboprnt stud prowda unmedrate widen Norlprocuement list yl.ca b ty person to wt'cr this popbsam rs sutrrated a al any time to prospectM tower ter pa+oapant hams trier its osrtficaaon was erroneous B Nothing contained in the foregoing snot p•axsbved to require when submitted or has become by reason of clanged ortumstantes sstabashrnent Of a system of records.n order to render n good faith the cerahcaeon required by this dame The knowledge end a The tamps covered transaction, debarred. suspended. ineligible, inhumation or a perbupan!is not required to saceed that whidn to tower der covered tnnsactlon,psrtfctpent,person,primary covered normally possessed by a prudent person in Pis ordinary cbune of transaction.principal,propoes,and voluntarily excluded,as used in business dealings Ott clause.have is meanings set out In the Definitions and Coverage sections of ivies rmplemenbng Eaeakve Order 12549 YOU may contact 9 Exoepl for transactions authwnted under paragraph(5)or Prose the person to which Pus proposal is submitted for assistance in obtaining a instructions. if a parbopant in a lower 02vend transaction copy at these repulsions knowingly enters into a lower bet covered tansaceon with a person who Is suspended.debarred Ineligible.or vottsntarty excluded horn pmeopabon in lists trarssdion, in edddgn to other remedles amiable to the Federal Goverment, be department or agency with which taws bens/Wien originated may pursue avasebte remedies induovp suspension ands debarment Date T\-A we k G 5 -ct -a0a5 ••,,y,a've of A.Ahi, 'flyng Ortrod r iA e --- 4/ia'' 4artflL --.. i LOS .5L} p\ Page 2 of 2 form HUD-2992(3198) 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 hid opening No contract shall_be awarded unless such report is submitted CERTIFICATION BY BIDDER Ilia,ler's Name. �a�l�tl{e GCVO nd Zip Code: _ON.Tt z cJ 4 L(1Q E "hoer is 4, TY LO 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..onnection 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 SF 100 Yes No None Required If answer to item 3 is"No" please explain in detail on the reverse side of this certification ,, leie t 1 i n wlcdge and clic ZIPAL`I. A aroUls - 1 QS Suep.c tt 5 "q - NON-COLLUSION AFFIDAVIT OF PRIME BIDDER/SUBCONTRACTOR State of Texas) County of Williamson) City of Round Rock) _ /I1'r ,S_ ,being t 5 first duly sworn,deposes and says that 1.He/she is of of_ —Pit_ r 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 colksion,conspiracy, connivance or unlawful agreement and advantage against the C'ty of Rouni Rock; S.No member of the City Council,or any person in the employ of the City is directly or indirectly interested In the bid,or the work to which it relates,or in any portion of the profits thereof;and b.The price of prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy,connivance or unlawfu'agreement on the part of the Bidder or any of its agents, representatives,owners,employes 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 t^se Bidder am not indebted to the City of Round Oick in any form o' manner D D''I �} 'nM Signature. 'l�t.irl,i�,/42f� __—Date 05,11L,!/N/E)___.. 37 Title.per -�./S Notary. _ ___ (Apply Notary Seal)(Print or type names under all signatures) P • YPve • •.0 ' �V; S. k41TF E A; ' d0531►T. �irir/,/scl,_ ES 6` \_,rf a\\�� CERTIFICATION ON NON-LOBBYING ACTIVITIES CERTIFICATION FOR CONTRACTS,GRANTS,AND LOANS The undersigned certifies,to the best of his or her knowledge and belief,that 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant or loan. 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Forrr-LLL,"Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the Award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entenng 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. It a a L\9 y1 5- 9 - 5 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$2,00Q. Construction includes alteration and/or repair, including painting and decorating, of public buildings or public works. A Davis- Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that workers who perform work in those classifications must be paid. 2.Contract Work Hours and Safety Standards Act—40 U.S.C.327-333 The Contractor shall comply with the requirements of the Contract Work Hours and Safety Standards Act as supplemented by U.S. Department of Labor regulations 29 CFR Part 5. CWHSSA requires time and one-half pay for overtime (0/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-Kidk Back"Act—18 U.S.C.§874 and 40 US.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 Clvil 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 forernployment; 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, 1965,or by rule,regulations or order of the Secretary of tabor,or otherwise provided by law;and 10. Include paragraph 8,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, 1%5, so that such provisions will be binding upon each Subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided,however,that in the event a Contractor becomes involved in,or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the administering agency to enter into such litigation to protect the interests of the United States. C.The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when It participates in Federally-assisted construction work: Provided, that if the applicant so participating is a state or local government,the above equal opportunity clause is not applicable to any agency, instrument or subdivision of such government which does not participate in the work on or under the contract. D.The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Subcontractors with the equal opportunity dause 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 tt 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 [I, 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 exclusive possession of another who faits or refuses to furnish this information, the Contractor shall so certify to the City or the U.S.Department of Housing and Urban Development,as appropriate, and shall set forth what efforts it has made to obtain the information. D.In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the City or the U.S. Department of Housing and Urban Development shall impose such contract sanctions as it may determine to be appropriate,including,but not limited to: 1. Withholding of payments to the Contractor under the contract until the Contractor complies; and/or 2. Cancellation,termination or suspension of the contract, in whole or In part. E.The Contractor shall indude the provisions of paragraph A through E in every subcontract, induding 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 clause,actions for noncompliance may be taken in accordance with the rules,regulations and relevant orders of the Secretary of labor issued pursuant to the Act. 0. 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 physicalty and mentally handicapped individuals. F. The Contractor will indude 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,at 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.0 12131; 24 CPR 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 aean Water Act and EPA Regulations-42 U.S.C.1857(h); 33 US.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 S100.000. 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 Fadlitles—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 poor 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 rt 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 indude: 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 enterpnses 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,nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use,for Federal government purposes(a)a copyright in any work developed under a grant,subgrant or contract under a grant or subgrant; and (b) any rights of copyright to which a grantee, subgrantee or Contractor purchases ownership with grant support. 18.Audits—24 CFR Part 85.26(b)(1) Commercial Contractors (private for-profit, and private and governmental organizations) providing goods and services to State and local governments are not required to have a single audit performed. However, the Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the City to assure proper accounting for all funds applicable to this contract.These records will be made available for audit purposes to the City or any authorized representative,and will be retained consistent with Record Retention requirements stated In Section 21. 19.Conflict of Interest—24 CFR Part 85.36 and 24 CFR Part S70.611 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 CO; 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 far 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, daim, 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 3O-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)(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. 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/doloov/files/WHD/legacy/fiiles/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.S(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 S 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. 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L' se s S ri .If i , . • ' DAVIS - BACON AND LABOR STAN 3ADS CO \TACTO GUIDE ADDENDUM 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 I NTR()DI:C-1.1(IN This Guide has been prepared for you as a contractor performing work Finally,not af!HUD construction projects are covered by Davis-Bacon on construction projects that are assisted by the Department of Haiti- wage rates.For the purpose of this Guide,we are assuming that a deter Mg and Urban Development and subject to Davis-Bacon prevailing wage urination has already been made that Davis Bacon wage rates are epph 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- Meal 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 appbcable 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 end non-bureaucratic yet comprehensive,and will help you better under- RESOJRCE stand end comply with Davis-Bacon labor standards HUD's Office of Davis Bacon and Labor Standards worked closely with the Department • of Labors Wage and Hour Division to make sure that the labor stan- dards provisions in your contract end the specifics of comply ng with them represent the latest information.It is the Department of Labor that has general administrator oversight of all Federal contracting agen- cies,such as HUD,whkh administer the day to day responsibilities of enforcing Davis-Bacon provisions in construction contracts that they either fund or assist in funding This Guide contains six main chapters The first chapter)ncludes the laws and regulations associated with Federal labor standards adminis- BASIC: I)R:1 DEFINITIONS tration and enforcement The second chapter lists the responsibilities of contractors and of state,tribal,and local contracting agencies that See Section 3,n the Agency Guide administer HUD programs The third chapter lists wage basics,mclud 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 !.. tc^�. "1 •Je • '1i y I —� , - rla.;t t5• " 1• L.w.... • r .Ipati .� put 41 • ► Air �I M'. .ri- 'f... S. W is i '1 -. i •- r' f Rot 1.:.%\ ti . \1) Iti-,G1:L-VI'1ONs 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 crone for anyone to require any rates(determined by the U.S Department of Labor)to ail laborers and laborer or mechanic(employed on a Federal or Federally-assisted prof mechanics on Federal government and District of Columbia construc- act)to kickback,(i.e.,give up or pay back)any part of their wages. The tion 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,end 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 OB 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 O/T These standards are generally applicable to any labor performed Acts or DBRA. and may be pre empted by other(often more stringent)federal stan- dards such as the DBRA prevailing wage requirements and CWHSSA The Contract Work Hours 0/T provisions. The authority to administer and enforce FLSA provi- and Safety Standards Act(CWHSSA) sons resides solely with DOL. CWHSSA requires time and one-half pay for overtime(0T)hours(over Davis-Bacon Regulations 40 in any workweek)worked on a covered project. The CWHSSA ap- plies to both direct federal contracts and to federally-assisted contracts DOL has published rules and instructions concerning Davis-Bacon and where those contracts require or involve the employment of laborers other labor laws in the Code of Federal Regulations(CFR).These reg- rind mechanics and where federal wage standards(6.g.,Davis-Bacon ulations can be found in Title 29 CFR Parts 1,3,5,6,and 7.Part 1 ex- or HUD-determined prevailing wage rates) are applicable CWHSSA plains how DOL establishes and publishes DBA wage determinations provisions apply to all laborers and mechanics,including watchmen (also referred to as wage decisions)end 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(TOHE),and Inds- vis-Bacon Act wage rates and the responsibilities of contractors and an Housing Agencies(II-IA)developments. contracting agencies to administer and enforce the provisions.Part 6 provides for administrative proceedings enforcing Federal labor sten- 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. lotions are used es the basis for administering and enforcing the laws. CWHSSA O/T provisions do not apply to prime contracts of S100,000 00L Regulations are available online:rr rrw ccfr g wcurrent/t -i9 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 whet extent Davis-Bacon wage standards apply toe 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-92551M,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 sal- eral Housing Administration)multifamily housing and other construe est approach is to first assume that Davis-Bacon requirements will be tion projects administered by HUD;the HUD-4010,Federal Labor Stan- applicable whenever the contract/project involves construction work Bards Provisions,which is used for CDBG(Community Development valued in excess of S2,000,then look more closely to see if there is any and Block Grant)and HOME(HOME Investment Partnerships Program) reason for non-coverage. Each contract subject to Davis-Bacon labor projects;and the HUD-5370,General Conditions for Construction Con- standards requirements must contain labor standards clauses and a tracts(construction contracts S150,000)or the HUD 5370 EZ Gener- Davis-Bacon wage decision.These documents are normally wound Into al Contract Conditions for Small Construction/Development Contracts the contract specifications. (construction contracts >$2,000 but sS150,000)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'peel fications and/or the contract for each project subject to Davis-Bacon wage rates must contain both a Davis-Bacon wage decision and tabor standards clauses The labor standards clauses describe the responsi biirties of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the Davis-Bacon wage and reporting verillyre'IgeStr.r.- r ...„ � ./ 117r 4 / f" ....„" .„, 2,„ j,„ � ..,- / /tr. / ' ..., ....1 / . .,_ . ,�' '�; :,.., , I. 1, 7 ` t / �i= _ ,./'/ 1 . .0.... ilkill Z 7 :Or 1 . ,-... ,• -1 1: t ` 4 t o , , 1 r,: 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 • I .. , . . the provisions of the original decision.The term'wage decision'is used within this Guide to mean the Davis-Bacon wage decision.The terms 'wage decision'and'wage determination'are used interchangeably. A wage decision is a schedule of construction work classifications, wage rates,and fringe benefits that represent the minimum rates that must be paid to workers employed in those classifications.Wage deci- sions are established for defined geographic areas,usually by county or group of counties,and four general characters of construction work. RESOURCE b 1 Ilk N. t . lam '4...4., _ . ..ki i i • .... --... , li I f . t .4 1:-.- __ ..1 , i .... ........ 117r.: I i i . •' • 4 ..."i;`..,:7(1 i il .: .1r ri. 1 '� i I' 6 Contractor Guide Addendum Table of Contents CONTRACTOR GUIDE ADDENDUM Li., • t 1. ./ ,47 7 t��. r, r.. 1F r f jr lit0 II IX r_.:41 ___. ' r ' ri `r . e •Ia ' � ( Ii CONTRACTOR RI:SI'U\sI11111'11I.s The principal contractor is responsible for the full compliance of at 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 end their subcontractors, subcontractors generally should corrrtwnrcate 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 (:ONTRAC I' ADMINISTRATOR RFSl'ON IBt1.I'FI1•:S RCSOURCC The contract administrator is responsible for the proper admirrstrauon and enforcement of the Federal labor standards provisions on con tracts covered by Davis-Bacon requirements.This term Is used to rep resent the person(or persons)who will provide labor standards advice and support to contractors and other project principals(e.g., owner, sponsor,architect),including providing the proper Davis-Bacon wage decision(see 6.1,The Wage Decision)and ensuring that the wage de- cision and contract clauses are incorporated into the contract for con- struction. The contract administrator also monitors labor standards compliance(see Section 12,Payroll Compliance Reviews and Correc- tions,In the Agency Guide)by conducting Interviews with construction workers at the job site and reviewing payroll reports,and oversees any enforcement actions that may be required. The contract administrator could be an employee or agent of HUD,or of a city or county or public housing agency.For HUD projects admen ialered directly by HUD staff,usually FHA-insured multifamily protects, the contract administrator will be the HUD Labor Standards field staff. But many HUD-assisted projects are administered by local contract rig 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 • • �"♦ 11':‘(.i•; RAS1(.:S The Wage Decision RESOURCE Davis-Bacon labor standards stipulate the wage payment requirements for skilled workers,operators,truck drivers,and laborers—for example carpenters,electricians,plumbers,roofers,rollers,screeds,bulldozers, water wagons,dump trucks, and other construction work classifica- tions that may be needed for the project.The Davis-Bacon wage deci- sion that applies to the project contains a schedule of work ciassifica• clans and wage rates that must be followed. Remember,the wage decision is contained in the contract specif ca lions 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 clas poster titled Employee Rights Under the Davis Bacon Act(Form WH sificatlons 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 tamed 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(eg,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 page transcript that will show only the classifications and wage rates -I ' for a project.A blank copy of a Project Wage Rate Sheet is provided in i the Appendix. 8 Contractor Guide Addendum Table of Contents CONTRACTOR GUIDE ADDENDUM ?.14 41. -• 3' !I e .1‘11'.14 . ,f1 I l Z. 1t1 \ II.\\ 1 \( , PAN 14O1.1.S 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§S.5(aX3)(e)for information on CPRs photocopies,and facsimiles ere 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 D0L Payroll Form WH- The falsification of any of the above certifications may subject the em 347 is included and that the LSS can reasonably interpret it.Form WH- ployer to civil or criminal prosecution under§1001 of Title 18 and§231 347 is available online at tra[w.t191 Y/tedt¢ifofmsieh347pdt, 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 bait 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 Is borer or mechanic that is underpaid and for any liquidated damages that may be assessed for 0/T violations AU the payroll reports for any protect 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 end 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 prolect 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. f , 04. II f'i,l,iC. ,s1.1.-.. • _____ 'fit 1. 141i c`t 4:IN I't. i�' .il'! t nn {rt: IP , I i , r it""`-' -_..,t 0 ii i 1.. ,e:,.4i 1. 1:1 . , i 01111111111,‘1.1 --air(' '1"--..... :4-2:11.11.1.,; .4. i . — i,.,.4_,.._, •, •.w• a ,yamc ' ;1, • _.- , „Libre _ _ _ 10 Contractor Guide Addendum Table of Contents CONTRACTOR GUIDE ADDENDUM L.: �etwljl ►—!1- � L 1 I - 1:4 t :; lR!• ritil L,L 't' I4 •rrrj v_t.= ► 1t1'a'OKTIN(; 1':V\ ltO1.1,S Completing a Payroll Report Apprentices or trainees The fast payroll on which any apprentice or trainee appears must be Each employer shall maintain payroll records with respect to their own accompanied by a copy of that apprentice's or trainee's registration m 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 a6 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 fret 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 spit 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 end rig 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 recorranended 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 DOL has modified one particular project If the wage decision Includes a fringe benefit and form WH-347.Payroll,to accommodate these reporting requirements the employer does not participate In approved fringe benefit programs, the employer must add the fringe benefit rate to the basic hourly rate of Work classification pay,and must list the OTT 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-wont Deductions For any piece-work employees, the employer must compute en et- 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 b 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. Iron 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)+S5=$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 fora particular project over gross earn- ings from all projects(e g,$425 40/$764.85)and base deductions and net pay on the-all protects'earrings .. f - .• x Y d;r ...,,.t. . 11 .. t,!4.11, L' ',... , • I littlikii, 1 • • ti •7- — •'.- . .• • 1. '7;7 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,particularty If at- principal)should be submitted with the first payroll signed by such an tacking 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). -414111k Ill I ' Y - w ' '.I _ ,. , 'r 111" Ir, ,-- ' '-— . ,..... . . : ., •, „. , ‘._, 19 . ;{ r 6 11 IS l i —t !I II f'a rai i i w sg�ir, f.. 13 Contractor Guide Addendum Table of Contents CONTRACTOR GUIDE ADDENDUM ti a. • 't h • :11)I)I.l 1ON 1I. 11'0111( C:1.ASSII l(:.-1.1 ION :1\1) 11`:1(-,i. it.1-1•i:S After contract award,if it Is determined that additional work classifica- The proposed wage rate for the requested work classification bears a lions are required because the wage decision lacks ail 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 Of 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@dol goy The LSS/LCA shall assist be In accordance with the guidance available in All Agency Menroran- the employer in preparing the request and,if necessary,provide guid- dum 213. The proposed wage rate and fringe benefits should bear a ance on the policies and procedures Involved. reasonable relationship to the entirety of the rates within the relevant category.There are four basic categories skilled crafts,laborers,truck Note:Additional work classifications and wage rates may be requested drivers,and power equipment operators Additional classifications pro only after the effective wage decision"lock-In'date.(See DOL Regule• posed for power equipment operators must specify the type(s)of pow tions at 29 CFR Part 5§5.5(a)(1)(i1).) 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 en 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 classafrca 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 Mg- 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 sificetion 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-1444.00L The LSS/LCA wdl review the prime contractor/employer's request to wit]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 lob site with the wage decision. submits the completed SF-1444,related documentation,and the eppli• cable wage decision to the DOL National Office for final decision using DOt's dedicated email address: iv IA:bdtootraimance_i000R]I g4sla m Disagreement with the request; referring for DOL decision If the LSS/LCA review finds that the requested work classification and wage rate/fringe benefits fats 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 en 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 eppbcable wage decision to the DOL National Office for its decision using the same dedicated DOL email address f ~i _ . . x.- oi, -1,.•,,..t5._ .`:fi , y,..F.,i... .`=•^e_ y;l- . - - ..�- �s N • . _I` ., ilik to t \ i- "Ot:li � „_ i 1 ; Ti� [T�- r,!! ( Ae"ti t 4044v444444 ..----2,1 , ,. :44* 0. 'S t ,fit_ . ' .s �; ` a 1S 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/ICA,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 DOt.may also indicate what additional work classification and wage rate/fringe benefits. Such re- work classifications/wage rate/fringe benefits could be approved for quests must be made In writing accompanied by a full statement of the the work involved it a modified request is submitted interested party's views and any supporting wage data or other perti- nent informat on Notification to the prime contractor/employer The LSSJLCA will notify the prime contractor/employer in writing of the results of the LSS/LCA review and/or DOL decision and provide a copy of the DOL notice. t • .fir. __ ' Si.- --. ------------ `,l • r. ' •\\ \1%hihtia ' N .�,* Fes. i-'O. Vs 4VIIP', ,0.$_ l v _l`O 16 Contractor Guide Addendum Table of Contents CONTRACTOR GUIDE ADDENDUM e a: i�1 • �s i Rt,. r liti• �� b- ` 1 fAt :11 `!r .4C7` , St ^ 94 t :i i u._. _8- _��AY l;: : :: _ • 1� i 1 1 , SANCTIONS : NI) Itl•:STITL:TION 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• ghty 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 HOLS(Headquarters Office Davis Ba subcontractor).The dispute may involve something simple such as an con and Labor Standards). additional classification request that is pending before DOL,or some- thing as significant as investigative f.ndings following a complaint of Administrative Review Board underpayment. TNs 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 cislon 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,end 5 These and other such matters must be referred to Reconsideration the DOL Wage and Hour Administrator for their ruling and/or Interprets DOL normally identifies the reasons for denial in its response to the re- tion per 29 CFR§5 13.Arty request for a ruling or en Interpretation from quest.Any interested person(e.g.,the contract administrator,employer, the DOL Administrator via DBLS must be submitted through HOLS with or representatives of the employees)may request reconsideration of a copy to the local ISS 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 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 OBLS 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 dude 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 001 will review the contract administrator's report and the arguments the contractor's(and/or subcontractors')liability shall be withheld. against the findings presented in the hearing request.DOL may affirm or modify the findings based upon the materials presented.You will be notified in writing by DOL of the results of its review.If DOL concludes that violations have occurred,you will be given an opportunity to correct any underpayments or to request a hearing before a DOL ALJ.(See 00L Regulations 29 CFR§5.11(b)and 29 CFR Part 6,Rules of Practice for Administrative Proceedings.) Administrative Review Board Contractors and/or subcontractors may request a review by the Admin- istrative Review Board of the decision(s)rendered by the DOL ALJ in the administrative hearing process.See DOL regulations 29 CFR Part 7 for more information about this proceeding. 1 1111 I lir , I .• 1_ ,.1 , • 4._ 19 Contractor Guide 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 rests outstanding,a deposit account(HUD administered projects,e g mul tutson due to workers lacking payment evidence.As these workers are tifamily housing-insured and want programs) or an escrow account paid and proper documentation Is provided to the contract administra (LCA-administered projects.e g,CVOG,HOME,HOPE VI(Housing Op tor,amounts corresponding to the documented payments are returned portunitles 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 OTT 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 illisWhere underpayments are suspected or alleged and an Investigation has not yet been completed The deposit is equal to the amount of wag,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 l r/j r 7 l I T / r I , /C , ,,, -11,1Y1r, .••.--'•• • : ' :'::,'...IC. /111.", 1'. ' o•,., 0:1 I\ + r+' '''• ..,,77 . a ` I. l { F 4 ...' : ) -i.' ' '. 1, \"..i , ,:,,. . ..:, vY<' i iI� tut to • E.. , r r . ., J ,.f • "oiri 1 i I. i lil 19 Contractor Guide Addendum Table of Contents CONTRACTOR GUIDE ADDENDUM documentation is provided to die 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 wit be re- DOL debarment tatted 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 wilt be maintained. DBRA or Davis-Bacon Act contracts for up to three years.Debarment in- Ill. cludes the contractor or subcontractor and any firm,corporation,part• nershlp,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,end suspensions. ./ //,i.'•. ' . ,‘:.7.;;;;....;-;.-.'-'_..74,..-...-N..;:,;,..--- ..-re- ".e -1,0.(` 1 i , . A .....:j ' . •---•----- ,----',----;!--'•775....------°` , iiii. 1.0 ' ' •.V " `.fir „�, r` - •�� ` �.1 .►yam r it ..,\ tit - C,110.; i . 1 i 11 ik•. li, r!l', t s..� r� -"I • ��rr� t, ' ` - .. t '.'t)�•• . 20 Contractor Guide Addendum Table of Contents CONTRACTOR GUIDE ADDENDUM Limited Denial of Participation AU referrals suggesting consideration for criminal prosecution must be HUD may issue to the employer an LDP,which prohibits the employer submitted through the established hierarchy: from further participation in HUD programs for a period of up to one year.The LDP is usually effective for the HUD program in which the C I 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 Initiate its own debarment or sus- pension proceedings against a contractor and/or subcontractor in a I S 1 connection with Improper actions regarding Davis-Bacon obligations For example,HUD may initiate debarment where a contractor has been convicted for making false statements(such as false statements on a a I. certified payrolls or other prevailing wage certifications),or initiate sus pension where a contractor has been indicted for making false state ments. HUD regulations concerning debarment end suspension are I 0 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. •-,0wi, j j_.O►.. t.Vii. . I , � � , � �.ii„,,.........-- ` - �j i i L-' I' ii: ►a r , ,' FI I • . "i '.," .ii t i1 ,1/ ` - - - .w 4ut� \ j :.---...i 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. APPUCABIUTY 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 dassification(s)of work actually performed,without regard to skill,except as provided in 29 CFR S.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. Ili. 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@ldol.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 OBAconformanceAdol.Qov,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(0).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 US.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 S.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. U. 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/frles/WHD/leyacy/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. O. Use of Optional FCITM 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. Ili. 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 assess 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 subcontractors)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 dauses 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). 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; ill.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,(10/20231 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; 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 S. 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 dauses 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 HUO-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.4 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/8ackhoe $ 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 E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). 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 01* s. 1 71 Map.wlmm 1. FROM(nuns and address ofrequesting pricy) 2. PROJECT NAME AND NUMBER 3. LOCATION OF PROJECT(Cry,County and State) 4. BRIEF DESCRIPTION OF PROJECT S. CHARACTER OF CONSTRUCtiON ❑ Building Residential ❑ Heavy Other(specify) ❑ Highway I. WAGE DECISION NO. (Induce modicalbn number,d Try) DATE of WAGE DECISION: 1. WAGE DECISION EFFECTIVE DATE(IACK.lN): ❑ COPY ATTACHED t. WORK CLASRtFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFTT(S)(K any) f. PRIME CONTRACTOR(nine,address) la. 10. SUBCONTRACTORIEMPLOYER,IF APPLICABLE (name,address) ❑Ales Ob.SIGNATURE DATE ❑Disagree I Check All That Apply: ❑ The work to be performed by the additional dassificatlon(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(e),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 dassMcalion(s)and wage rate(s). ❑ Supporting documentation attached,including applicable wage decision. Check One: ❑ Approved,meets all criteria. DOL confirmation requested. ❑ One or more classifications fail to meet all criteria. DOL decision requested. FOR HUD USE ONLY LR2000' Agency Representative Der. (Typed name and signature) Log in: Log out: Phone Manger muo-osW re it)P I P=EOdTrdr 0 OiIOIFT! U.S. Department of Labor Davis-Bacon and Related Acts Weekly Certified Payroll Form M11112 Wage and Hour Division (For Contractor's Optional Use;See Instructions at www.dol•tov whtliforms,wh347tn}jr.htm) Unless otherwise noted,the information requested Is specific to the named project below. U S wets end Hour Doubt, Persons are 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 PRIME CONTRACTOR ; SUBCONTRACTOR Expires:01/31/2028 PROJECT NAME PROJECT NO.or CONTRACT NO. [CERTIFIED PAYROLL NO. I PRIME CONTRACTOR'S/SUBCONTRACTOR'S BUSINESS NAME OREENHILL PARK IMMP I rD'6G 2024 j I,PROJECT LOCATION WAGE DETERMINATION NO. 1 WEEK ENDING DATE 4 PRIME CONTRACTOR'S/SUBCONTRACTOR'S BUSINESS ADDRESS (w (u) (la (1� r1x2o2s0007 di 03i2025 s (2) (3) (4) (5) I (64) ' (6B) 1 (6c) ` (7A) (7B)`r (8) 19) I 11, a (lOP)Pas OF vatic waits '—(OrATEI3 ` o oEDUCTONFORA(d W W W WFI1 t T11 �$j11 ' I HOURSWORKED ° z .zg 3 _ � m 6 EACH DAY S x 1 % 0 0 •- x I — •O i OT --' i , t ' 'ST 1 1 or 4 4 $ -sr OT r 1 ST 1• . i ff OT ' I / t F , ' • 4 _ I _ST 1 ; Or sr m , . . -- ♦ _. e . t + 4. `.�..... . _ t 1 :ST tar i ' )OT 1 I_ - I 1 . Widle use of Form Whi-347 itself it optional covered contractors and.uboontracton performing work on federal or federally assisted mrobucbon caNraeb we requited by the pent repletion,and the cootrct stuns to submit payed/Information on a weedy basis.The Copefa d Act(40 U.S.C.f 3145)requires contractors and subcontracton performing work on timbre,or Wittily IMrnced construction mntractt to,on a weekly basis,'furnish a stateroom on the wages gee d each employee during the prior week'U.S.Oepartrn.nt of tabor(001111egirWood et 29 CFA f 5.S(aX310i)requite mntradon and subcontractor'to sutanit weekly cetiaadPorch'to the ado Federal agency d the age Is',LOOM b lit contract CO*,11the/own, Is not such a to the apllont,sponsor,owner,or other amity,as the caw may be dot mairtairu sin records,for transmission to the Federal age Each c.rdM1ed�r ll must be sownpanad by a sipr 'Stamen,of Compllence'teat,peee 2 of the WH-3e7 or anotlw document with identical wordirwj 1Mrad.1 that die cwdl(ad payrolls are accurate and complete.lad that mad.Laborer or mechanic has been paid not Iva than the required Davn•8amn prevalhine wage stela)(Including any tinge benefits)for the work performed.DOI.and managing apncky recetng the Into tfon review the Mbrmioon to determine whether workers have received Iaply required wages and hinge benefits.. Public Burden Statement we estimate that It wdl takes an average of SS mirages to complete this coAMction.including time for renewing ir,ctnrcdon.,searching pining data spurcat,gathenng and maintaining the data needed,and completing and TMw'ng the collection of nin you have wry cormnents resenting these 200 e On.if N W.WahMro D,110 esrinvtea or any other aspect of tits collection,kcodna suggestbna for reducing this burden,send then to the Adnirestratw•Wage and Moor Division,U.S.Deportment of Labor,roan 53502• CA•' Record of Employee U.S.Department of Housing OMB Approval No.2501-0009 Interview Instructions and Urban Dove!opment (ay.12/3172O2+) Office of Owls-Bacon and Labor Standards tfiltaignti This form is to be used by MUD 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. Typicaly,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. In forrrntion 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. Al laborers and mechanics employed on the job site must be made available for interview at the btervlewer's request. The employee's participation,however,is voluntary. Interviews shall be conducted In a manner end place that are conducive to the purposes of Cu interview and that cause the least Inconvenience to the empioyer(s)and the empbyee(s). Steno the form HUD-11- Items to-lc: Seth-explanatory Items 2a-al Enter the employee's full name,a telephone number where the employee can be reached,and the employee's hone address. Many construction workers use a temporary address In the locality of the projed and have a more permanent address elsewhere from which mad may be forwarded to them. Obtain a more permanent address,If available Ask the employee for a form of Identification(e.g.,drivers license)to verify their name Items 3a-Ic• 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(05)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 extern 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 es many workers in that trade(s)that are available Items 16-17b: The information on the form HUD-11 may be reviewed for general compliance,Initially. For example,are the job classification and wage rate stated by the employee compatible with the classifications and wage rates on the applicable wage decision? Are the duties observed by the interviewer consistent with the job classification? Item 16 Please piece here any additional information you may want to document or continuing information from other lines that do not lit In their broth space. Once the corresponding certified payroll reports are received,the information on the HUD-11 shall be compared to the payroll reports. Any discrepancies noted between the HUD-11 Information and that on the payroll report shall be noted in Item 16, Remarks. If discrepancies are noted.follow-up actions to resolve the discrepancies must be taken. 1rrerlova editions as obsolete -----._. Record of Employee U.S.Department of Housing and Urban Development OM$Approval No.2501.001 Interview Office of Davis-Bacon end Labor Standards (exp. 12/31/202 The ptbaC mprrlry burden edmW for Des=faction of infomabon Is 1 S reiese par response on sumps. This includes reri.e4q bernioaone.teerdr1p attar*dais scum, gttfahnp,end maintaining the data,sod comnplawe Oa colecedn al swwe slbn. 11tia I nlarmedon ray not be collected.TO we you iO Vsd 10 povda.ra*Ionisation rapuaalasl trims dlaptap a hamster va k OMB carertl mnnbar.The 5Mermaaan aolaCMa vaunts sampler arw 1M Factual tabor standees♦through master,Indrawn war*angi a:6On wortara.Tb. WomtMon aolaoaC nests NUO In compUnw morAon%of Federal labor ataysanks Any irtomaibn colie:led is cowed ty.a PrNacy Ad at 1974 and by 29 CFR S.Ma)(SI_ hands Ind agencies oolacfro One Honnrb+must maintain nut records in a mrvnr rat prvtarb ore ards.a uala on anon tar Irdormeean s*Mnfatred The ilrormalon clotted ineau is e dMarrY.Ind any informsDOn provided aai be dap ooMiderwa,but feign to pv.tle ea lnbmteom osectad nqy dray ensorcerrnent o*my posable Federal labor wrdae0e vobare tar information*apse new derede0 any.Comment contenting Iris burden alatanent.a Ws collodion enotld b sent In:Netbret Dredaor,Office d Ords4accn and tabor Standards Furrier%b S U.S.C. 552afak3).tNe Parsley Act Statement arras to Worn you of re atemeeng cormarning the ooleceon of Ins inbnneeon on Otis form. A AUTMORTTT;Celecern u .iddmlWn aoleit5 on mis lam es audsonrad by we Onto-Bacon Ad as ppmfgelad trough Department of Labor RegNrba under 29 CFR Part 5. t.PROPOSO:The primary Pupate for sodding ttis iriomadm is b determine r Ca eager pad by an enpbyr on a pup amino by the D11o104Becon Ad am In ornpllanoe wfr.dada Mier dander*, C aOIJTMR tripe:The nbmaron ooleded enures conforms sash ale Federal*nor standards dvargtt tewrding intentawa wan maUucsion wersea an Copies mated to wages p ce tar prated The Mbemabon is re teased by HUO eunon1d personnel to ensue conpbenc.wan Fedrel labor standards wider Oa MNsdamn Ad an cowed protects. R vidaeons bud,the Information diluted is used to corded erdorounen Wawa to ovum raesnradn Is paid to samara of dowsed pd)ecas am pad proper*epos sneer the DaHteacon Ad- O.COS121C-COADIC E.Of PAA.URE TO PROMO MFORYATTOM:TTa dfonsisam colaslon la volureary.Refusing to yore Irdonnalion ere nd impact your statue wart your an0loyer or I g ovammtrd. Fable to provide IM irfa neebn we limit ra Addy of HUD b detemina a you arm pad proper ragas under tar Da.baslmn Act and we imM Be abllly lost HUD to se fix we to Be event a violation Is found. le. flume 2a.Employee Name lb.Project Number 2b. Employee Phone Number(Including area code) 1 c. Contractor or Subcontractor(Employer) 2c. Employee Home Address 127p Code 2d.Verfdnlim o1 identecatlon? Yes No 3a.Now long on this 3b.Last date onTfds -3e.Flo.o1hours last 4a.Hourly rite of pay7 ib.Fringe 14enefrta? 4o. Pay stub? lob? lob before today? day on this Job? Veceurn Yes No Yes No Medical Yes No Pension Yes No 5.Your job dassmBration(e)(lust al)—continue in block 18 if necessary 5.Your duties—cordinua In block 18 If necessary 7.Toots or equipment used—continue to block 181 necessary 8.Are you en spprentloa or trainee? Yes No 10.Are you paid at lead time end X for al hours worked In excess of 40 in a week?Yes No 9 Are you paid for all Mors 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.Tate 13.Duties obssnved by the Interviewer(Please be spedtic.) 14.Ramerks—continue In block 18 i1 ner ery 1Sa.b'54Me sr Nan.(Please PAni) 15b.Signature of Interviewer 15c.Date of Interview Payroll Examination 16.Remarks—continue in Node 16 i1 necessary 17a.Signature of Payroll Examiner 17b.Date Previous eerbery an ebefele Tenn RUD.ft fi2Ra7f) Record of Employee U.S.Department of Housing and Urban Development 0M13 Approval No.2501.001 Interview Office of Davis-Bacon and Labor Standards (exp.12/31/202 is AddSons)Remarks Previous*dtlom an obsoTin --.---- —___ --- Form AUO.11 i1711021l 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-governmental agency. 7. The payment of dues or premiums to unaffiliated associations for medical or hospitalization insurance where the employer is not required by law to supply such benefits. 8. Contributions to the Red Cross and Community Chests. 9. Regular union initiation fees and membership dues where a collective bargaining agreement provides for such deductions. (This does not include work permits or special assessments.) STATEMENT OF NON-PERFORMANCE Payroll Number: 1, do hereby state that ow.,a kinec r wart MOO NO PERSONS employed by performed work on —'4 er&Among oovO•nM) the construction project known as for the payroll period commencing on the day of � �1� •&) tmona) and ending on the day of OW d'401 rM) (nwoth) Signature of Authorized Person 'THIS STATEMENT IS NOT REQUIRED TO BE SUBMITTED UNTIL AFTER SUBMISSION OF THE INITIAL PAYROLL REPORT REV 2123i2O11 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. B All contracts in excess of$10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. C Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b),in accordance with Executive Order 11246, "Equal Employment Opportunity"(30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp.,p. 339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." D Davis-Bacon Act,as amended(40 U.S.C. 3141-3148).When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be 2 CFR Appendix-I I-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. E Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable,all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. F Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement"under 37 CFR§401.2(a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental,or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements"and any implementing regulations issued by the awarding agency. G Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 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 $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. J See§ 200.323. 2 CFR Appendix-II-to-Part-200(J)(enhanced display) page 2 of 3 Appendix II to Part 200,Title 2(up to date as of 10/31/2024) 2 CFR Appendix-II-to-Part-200(K) Contract Provisions for Non-Federal Entity Contracts Under Federal Awards K See§200.216. L See§200.322. (78 FR 78608,Dec 26,2013,as amended at 79 FR 75888,Dec. 19,2014;85 FR 49577,Aug 13,20201 2 CFR Appendix-II-to-Part-200(L)(enhanced display) page 3 of 3 COMMUNITY DEVELOPMENT/GRANTS MANAGEMEN/DEPT CERTIFICATE FROM CONTRACTOR/SUBCONTRACTOR DESIGNATING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES Project Name: (V OIR f M V: PI..iyavtna Date S//3/2S Location• l$ta Nick Cif. towel teat'rx Propel No.: 2S- 011 (I) (We)hereby certify that(I am)(we are)(the prime contractor)(a subcontractor) f« (ic lu►,1 Unshudi OP qn 1 `e klA r.tp,l 1 M4i l l in connection with (Specify-General Construction,"-Plumbing' ng'etc) construction of the above-mentioned CDBG Project,and that(I)(we)have appointed 1'r.' Alv* •• ,whose signature appears below,to supervise the payment of(my)(our)employees beginning It'�a 6 ,20 6 : That he/she is in a position to have full knowledge of the facts set forth in the payroll documents and in the Statement of Compliance required by the so-called Kick-Back Statute which he/she is to execute with(my)(our)full authority and approval until such time es(I)(we)submit to the City a new certificate appointing some other person for the pu stein above stated 'IA M4s•h ry Awj L►ndxy►I y GLC (S- of uttt ; (Name of Firm or Corporation) List with signatures all owners,partners,and/or officers of the Corporation below: i'h t l.lu k •ti-�/✓emu 0 w►�/t..' (Signature) (Title) (Signature) (Title) (Signature) (Title) NOTE:This certificate must be executed by authorized officers of the corporation and/or by members of the partnership,and shall be executed prior to and be submitted with the first payroll.Should the appointee be changed,a new certificate must accompany the first payroll for which the new appointee executes the Statement of Compliance required by the Kids-Back Statute.A new designation is riot necessary as long as the person signing the Statement of Compliance is an owner,partner or officer of the Corporation whose signature appears above. Rr.utd Iuwarr 2019 Request for Taxpayer Give form to the March 202form 4) Identification Number and Certification requester.Do not Depan nmt of the Treasury send to the IRS. Go to www.irs.gov/FormW9 for Instructions and the latest information. trtemai Revenue Service Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below 1 Name of enhtyAndividue,An entry is required (For a sole proprietor or disregarded entity,enter the owner's name on'ins 1 and enter the business/disregarded entity's name on ne 2) The PlayWetl Group,Inc. 2 Business name/drsregarded entity name.if different from above ''' Check 3e the appropriate box for federal tax classification of the entityhndlviduat whose name is entered on fine 1 Check 4 Exemptions(codes apply only to t only one of the following seven boxes. certain entities.not individuals. lye instructions on Page 3) E ❑ irdki ivuaVsoie proprietor 0C corporation ❑ S corporation ❑ Pa-tnership ❑ Trust/estate i ❑ LLC.Enter the tax classification(C•C corporation.S-S corporation,P=Partnership) Exempt payee code(if amyl Note:Check the'LLC-box above and.in the entry space.enter the appropriate code(C.S,or P))for the tax classification of the LLC,unless it is a disregarded entity A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax box for the lax ciassfficatbn of its owner Cornplance Act(FATCA)repcalirg I0 Other(see instructions) code(if any) Ms If on line 3a you checked-PartnersNp-or"Try st/estate, or checked'LLC and entered as its tax classification, to accounts maintained and you are providing this form to a partnership.trust,or estate in which you have an ownership interest check outside the United States) this box If you have any foreign partners.owners,or beneficiaries See instructions ❑ 5 Address(number,street and apt or suite no) See nsWctlons Requesters name and address(optional) 203A State Highway 46 East 0 City,state.and ZIP code Boerne,TX 78006 7 List account numbers)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 1 Social eeashy number I 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 ail 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 subject to backup withholding because you have tailed to report allinterest and dividends on your tax return For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secu, property, 'on of debt, trbutions to an Individual retirement arrangement(IRA),and,generally,payments other than Interest andyil are not requebdit sign the cert ail in,but you must provide your correct TIN.See sire Instructions for Part II,later. Sign signature o `' +ll •it. Date 2 /d/7L21'Here us.person i General Instructions New cone 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,suds as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gw/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 3e 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'ILBB WARNING: UTILITIES IN NOTE TO CONTRACTOR: i AREA. LOCATE LINES PER SPECIAL CONDITION 02-09, A+ BEFORE DIGGING.' CONTRACTOR WILL CONSTRUCT �f-,"� Vat 8'VIDE CONCRETE I. ,,, \ PLAYCURB TO BE COMPLETE IN PLACE BY AUGUST 22, 2005 �' t/ PR• - D a. CONC%4,E \f' (\ PLAT' ! . ,N\ POINT OF BEGINNING Cr) :II S LAYOUT SCALE I'=t0' CALL ALE 1'=10' �1 C Z --� DRAIN • TLET �•, - RED SHEE P-3 F. ._. p ,.L, 110 4.9 n...n I -- -'-T re j s , PLAYGROUND' PROPOSED PLAYGROUND , I: i - R "`: RANGEMENT AHD CO t_ L O- >• URFACINL T r OTHERS) -- U-, = C .- • _ / S��T /'.i V k cr.) PLAYCURB ELEVATION O EQUIPMENT CONFIGURATION SCALE 1''ICY SCALE N.T S. _ cam..—...... / \ r) •I -� ATTACHMENT Q—GREENHILL PARK LOCATION F 0 10 0 04° 1011 r \ " fy t : 1010 t iiii4'.: w 00Ik0Ht .‘ 00 0° ,i eli w , 1oft EXHIBIT A Last and Final Cost Proposal . ..... . ,e, sl,‘ ., .. ,. , :. VP. ' '''I. - '' - i - : - -; I -, 111101 I : '4.'" -''' i . .. ila .j- , '' _ 4 op ii 10 ii iii u . ...7.L.---- , i,......,....„ . ii. ........ .._ .._ 404.1 ._ 4111P. 1.,:- Ilk _____ ALP\ S . . - Ut' - Tit ... PlayWell Greenhill Park ®PLAYCRAFT Option 1B PlayWell $ 110,629.35 PlayWorks $40,230.48 Total Project Cost $ 150,859.83 The PlayWell Group, 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. All other entities require 50%down and balance Net 30. All past due amounts will be subject to a finance charge in accordance with the Texas Prompt Payment Act,Chapter 2251,Texas Government Code. Delay of Installation(if applicable): If the Customer delays the installation, the stored product will be invoiced with a term of Net 30. 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. FEDERAL/STATE GOVERNMENT AND CO-OP'S CONTRACT Available the Federal/State Government, Co-Op's and agency accounts on many items. Call your Sales Consultant for information. SALES TAX Will be added to the invoice,except when a tax-exempt/resale certificate is furnished,or your entity qualifies in your state as tax exempt. FREIGHT CHARGES/DELIVERY TERMS All shipments are F.O.B factory, except where specifically stated otherwise. Every effort is made to comply with scheduled shipping dates: however, The PlayWell Group, Inc., is not liable for any loss or damage arising out of delay in delivery of any of its products due to causes beyond the control of the Company. DAMAGE/SHORTAGE CLAIMS All claims for concealed loss or damage to the product must be noted in the Bill of Lading or delivery ticket and reported immediately to our Customer Service Department. All claims for product damage and shortage via common carrier must be promptly made by consignee (customer) direct to The PlayWell Group's Customer Service Department. When reporting damage, be sure to hold all containers and packing materials for inspection (claims should be filed within 15 days of receipt of shipment). FREIGHT CARRIER INFORMATION All freight is shipped unassembled via common carrier. Made via common carrier to the end user, the customer is responsible for unloading all deliveries. COLOR CHOICES Be sure to specify color selections when ordering. Please sign the attached Color Selection Form(if applicable). INSTALLATION Installation/Prices are not included in this Quotation. A separate installation quotation must be included with your order if installation is required. PLAYGROUND SURFACING WARNING All play equipment must be installed over impact absorbing surface. Go to www.cpsc.gov for more information. SITE ACCESS FOR SURFACING MATERIALS/INSTALL It is highly preferred that a level site is free of any obstacles that encroach upon the required fall zone for your design. The site access must have a maximum of 25'for accessibility by heavy machinery(trucks, trailers, and Bobcats). Irrigation sprinklers and/or water systems must be shut off 24 hours before installing surfacing and remain off for an additional 24 hours after. CONCEALED CONDITIONS—ROCKS, UTILTIES, IRRIGATIATION, SEWER & DRAIN, SUPPLY ABANDONDED LINES The PlayWell Group, 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 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 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. NOT INCLUDED FOR THE SURFACING MATERIALS/INSTALLS Site security,bonding,permits or licenses,site preparation,excavation,subbase,concrete,compaction of aggregate,curbing,drainage, fencing,dumpster, demolition,trash removal,tenting or artificial heating due to weather,and roll coat maintenance. 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 surfacing will be delayed. ESCALATOR CLAUSE Due to the current volatility of the surfacing raw material and shipping and labor, expired proposals may be subject to a price increase. Please contact your Sales Rep for current pricing, if applicable. Signature section on the next page. PRODUCT WILL BE ORDERED IMMEDIATELY UPON RECEIPT OF WRITTEN APPROVALS. Please email or fax all pages. Sales Quote #: 26378 Purchase Order#: Signature: Date: Quote # ) playweli www.playwellgroup.com 26378 800.726.1816 The PlayWell Group,Inc. 505-296.8900(fax) Athletic,Park,and Playground Equipment Serving Colorado,Texas,New Mexico,Oklahoma,and Arkansas since 1988 Bill To: - �1 Ship To: , Quote Details: City of Round Rock City of Round Rock-Greenhill Park Date. 6/2/2025 Accounts Payable TA Masonry-Troy Alvarado 221 East Main Street 1825 Nicole Circle Terms: NET 30 Round Rock,TX 78664 Round Rock,TX 78664 Expiration: 7/2/2025 Sales Rep: CES Phone: (512)218-5547 Phone: (512)658-7265 PO#: J r 1 Item Description Qty List Price Disc. Price Total OPTION 1 PLAYCRAFT PC-2181 8'SINGLE POST SWING BAY(2 SEATS) 1 2009.53 1,848.77 1,848.77 PC-2181-AB 8'SINGLE POST SWING BAY (2 SWING SEATS)ADD-A-BAY 1 1498.65 1,378.76 1,378.76 PC-313010 BELT SWING SEAT 2 192.61 177.20 354.40 PC-311010 FULL BUCKET SWING SEAT 2 415.09 381.88 763.76 R50 R5 CUSTOM PLAY SYSTEM-R509D495B 1 67836.83 62,409.88 62,409.88 R50 R5 CUSTOM PLAY SYSTEM-R50B5032B 1 28790.56 26,487.32 26,487.32 PC-1302 SAFETY SIGN(2-5, HDPE) 1 1283.38 1,180.71 1,180.71 PC-1303 SAFETY SIGN(5-12, HDPE) 1 1283.38 1,180.71 1,180.71 SHIP SHIPPING&HANDLING 1 8949.94 8,949.94 8,949.94 GWG FIBER-GWG ENGINEERED WOOD FIBER 135 21.33 20.26 2,735.10 SHIP SHIPPING&HANDLING 1 3340.00 3,340.00 3,340.00 Need Help? W. Call: 800-726-1816 Mon-Fri:8:00AM to 5:00PM Email: invoice@playwellgroup.com Please review our attached Terms&Conditions for complete detail regarding this Quote. _ v rm , Ways to Pay Approva • Check Credit Card-Usage Fee 3.5% .tote Valid for 30 days. Product will be ordered Remit Payment to: Call: 800-726-1816 >on receipt of written approvals and/or deposit. The PlayWell Group, Inc. Mon -Fri: 8:00AM to 5:00 PM 203A State Highway 46 East Boerne,TX 78006 Signature: VISA . ER a,me is TR WSR E echec IIIIIElliliM�.. Date:_/_/ seew Page 1 1 Quote # playweil www,pla800.1yw26.181ellgrou6p,com 26378 The PlayWell Group,Inc. 505.296.8900(fax) Athletic,Park,and Playground Equipment ServingColorado,Texas,New Mexico,Oklahoma,and Arkansas since 1988 1 Bill To: t Ship Toillit Quote Details: City of Round Rock City of Round Rock-Greenhill Park Date: 6/2/2025 Accounts Payable TA Masonry-Troy Alvarado 221 East Main Street 1825 Nicole Circle Terms: NET 30 Round Rock,TX 78664 Round Rock,TX 78664 Expiration: 7/2/2025 Sales Rep: CES Phone: (512)218-5547 Phone: (512)658-7265 PO#: J Item Description Qty List Price Disc. Price Total FIBER DELY-G... FIBER DELIVERY GWG WOOD-The area where the wood fiber is to 1 0.00 0.00 0,00 be delivered must be accessible to 45'Trailers/height of 13'5"for unloading of safety surfacing.Please note that there may be signs of access afterwards.If the site is not accessible,please notify GWG Wood as soon as possible,as extra freight charges could be added. On split loads customers are responsible for determining the quantity needed at each site,accept deliveries on the same day and additional charge could be added.Customers will be contacted with a delivery time the day before delivery.30 minutes of driver wait time is included in freight charge. Longer wait times will result in a$50 per half hour additional freight charge. Need Help? , Subtotal $110,629.35 Call: 800-726-1816 Mon-Fri:8:00AM to 5:00PM Sales Tax (0.0%) $0.00 Email: invoice@playwellgroup.com Please review our attached Terms&Conditions for complete detail regarding this Total $110,629.35 Quote. Ways to Pay Approval Check Credit Card-Usage Fee 3.5% tote Valid for 30 days. Product will be ordered Remit Payment to: Call: 800-726-1816 ton receipt of written approvals and/or deposit. The PlayWell Group,Inc. Mon -Fri: 8:00AM to 5:00 PM 203A State Highway 46 East Boerne,TX 78006 Signature: VISA e DISC vER =WIRE - Date:_I_I • o�«E:: TRANSfFR echec -- Page 2 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 12981 800.726-1816 PlayWorks,Inc. 505-296.8900(fax) Athletic,Park.and Playground Equipment Serving Colorado,Texas,New Mexico,Oklahoma,and Arkansas since 1988 rBill 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-R5085032B 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 I Need Help? 1 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. J 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 v-% DISCOVER ,v.�enIIMIxgn =WIRE echeck �7BLEs - .' rxraess TRANSFER Signature: J 1 GREENHILL PARK OPT 1 FOR KIDS SW VIEW AGES 5-12 r� It •. 1/4:1 �y. 'fits X. Y i . ° y]� 1 �t � ,7 yam._ Li • r _ {s -• ', f _ x 4 t STRUCTURE# SWGRSW3516G COLORS APPROVED - PLAYCRAFT` C PROJECT# 302505_3A N n RS A LA+ Ni AN A ND nge micammainim DATE 8/19/2025 •PLAYtoRe«T.. GREENHILL PARK OPT 1 FOR KIDS NE VIEW R5 AGES 2-5 ..,Nr.''''''s°8***11.411 ran -... de 111111 I11 or . 1 r I I n's r, r. > - • COLORS APPROVED STRUCTURE# R506D3ADA N nASIN N't AN A AJ ci4, •a PLAYCRAFT• PROJECT# 302505_3A DATE 8/19/2025 •PLAYcoa c.-. GREENHILL PARK OPT 1 FOR KIDS SW VIEW R5 AG ES 2-5 ...--"...".."....11.111111 ".....' 1.107 :, -,... ..•/...— . I 4 if k / � � - .. - :I •.. . i ', I -. • 411. ' .w -4 1Y- . ' l2) ('1-Y A `*, . a ''u ly ;4- .4. r I - ',p l '^ .t COLORS APPROVED " PROJECT STRUCTURE # 3005053 3AA Nno,-s ALA MANANOtro k. ®PLAYCRAFT DATE 8/19/2025 •P`AYCORE cam•^• GREENHILL PARK OPT 1 FOR KIDS R5 AGES SE VIEW 2-5 r • I- - - • _ _".y .. � i r - 2-. •:7 � :wry." 4•r:: • • k COLORS APPROVED _ ^`"psp, MAN NM)fIAQ NPLAYCRAFT` STRUCTURE# R506D3ADA PROJECT# 302505 3A I i 3 DATE 8/19/2025 •PLAYccae GREENHILL PARK OPT 1 FOR KIDS SE VIEW R5 AGES o • } �M II � 1. gal'ki 1 , Iv 1 r COLORS APPROVED STRUCTURE# 302505 NHA.SA Ml}NPrNfl PLAYCRAFT 4AA PROJECT# 302545 3A � �R� DATE 8/19/2025 •PLAYCORE c. ., GREENHILL PARK OPT 1 FOR KIDS SW VIEW R5 AGES 5-12 I i. i ior.41- ` ; _ +1 �1 4 • r , Alt , , • r , , L COLORS APPROVED 01" PLAYCRAFT STRUCTURE# R5084F4AA Mgns ANDYt�� E I PROJECT# 302505_3A IV h Hr1Si.Pt + DATE 8/19/2025 .pLAYcoRE C..••.. GREENHILL PARK OPT 1 SE VIEW WELCOME w S Lei a • COLORS APPROVED STRUCTU#E# 30 505 3A NhR c �sA MCV4 � FOT1 p«YCRAFE PROJEDATE 8/19/2025 •PLAYCaRE CA.00, GREENHILL PARK OPT 1 Sw VIEW II. W -�M E lirripteCHAil . - .t, Ale?.7 t.;91 '").;=,..'44-.'a.,_,:"at a ava.:4:* 1. .4140-•_, ,D ),-.6_446,.......-•„pa—,4 '. '' V f . V 4'1'64 sk....xl:Z.I:A7 t''T gw ,_ 4,,. .r.,„ -,A,73._ .. ... • .4 . ,-; „„ ..,,, , . ..*.7 ac".t .....„,...:a.wiw tr .•U; . COLORS APPROVED STRUCTURE# STA1302 NK�SR` M �'� PtNPINDhF?e. r PLAYCRAFT` PROJECT# 3025053A E DATE 8/19/2025 •P1AYccRE c.Me«,