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Home My WebLink AboutPR 18094: AMENDING RESOLUTION NO. 13-612, RECONSTRUCTION CONTRACT WITH LD CONSTRUCTION PUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO John A. Comeaux, Interim City Manager FROM Rawetts T. Baaheth, Sr., Assistant City Engineer SUBJECT P.R. #18094 — Amendment: LD Construction for the Flexible Base Streets Reconstruction Contract DATE March 10, 2014 RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 18094, amending Resolution No. 13 -612 for the Flexible Base Streets Reconstruction Contract removing two (2) bid items and decreasing the contract amount by $95,508.75 to $396,491.25. BACKGROUND: The City Council approved a contract with LD Construction for the Flexible Base Reconstruction Project. An amendment removing two (2) bid items from the current contract is necessary resulting in decreasing the contract amount by $95,508.75. LD Construction remains the lowest responsible bidder follow the changes to the contract. BUDGETARY /FISCAL EFFECT: Funding is available in 001 - 1203 - 531.86 -01. EMPLOYEE /STAFF EFFECT: None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 18094, amending Resolution No. 13 -612 for the Flexible Base Streets Reconstruction Contract removing two (2) bid items and decreasing the contract amount by $95,508.75 to $396,491.25. - _ edr a 44/. Rawetts T. Baahe , Sr. Assistant City Engineer RTB /rtb S: \electrical_sec \ROE \Street Projects \Flex Base Street Repair Projects \Proposed 39th Yr CDBG Streets Project \Cement Slurry Removal- Contract Amendment \CAM PR18094 03/10/14 rtb RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 13 -612 FOR REMOVING CERTAIN ITEMS FROM THE FLEXIBLE BASE STREETS RECONSTRUCTION CONTRACT WITH LD CONSTRUCTION OF BEAUMONT, TEXAS AND DECREASING THE CONTRACT AMOUNT BY $95,508.75 TO $396,491.25; FUNDING IS AVAILABLE IN ACCOUNT 001 -1203- 531.86 -01. WHEREAS, per Resolution 13 -612, the City of Port Arthur, Texas entered into a contract with LD Construction for the Flexible Base Streets Reconstruction Project; and, WHEREAS, an amendment incorporating the removal of two (2) bid items to the current contract is necessary, attached hereto as Exhibit "A"; and, WHEREAS, decreasing the contract amount by $95,508.75 as a result of removing these items is desired; and, WHEREAS, LD Construction remains the lowest responsible bidder following the changes to the contract, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is hereby authorized to execute the amendment to the contract with LD Construction of Beaumont, Texas including the removal of two (2) bid items as shown and decreasing the total by $95,508.75 (attached as Exhibit "A ") for the Flexible Base Streets Reconstruction Contract. Funding is available in account and 001- 1203- 531.86 -01, and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P.R. 18094 Page 2 READ, ADOPTED AND APPROVED this the day of , A.D. 2014 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor Attest: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Mir Vaf izen•_ ' John A. Comeaux, P.E. City Attorney Interim City Manager # 4.12. APPROVED AS FOF A\TAILABLITIY OF FUNDS: 4 , �r� r1 1 eborah Echols, CPA Shawna Tubbs, CPPB Director of Finance Purchasing Manager S: \electrical_sec \ROE \Street Projects \Flex Base Street Repair Projects \Proposed 39th Yr CDBG Streets Project \Cement Slurry Removal- Contract Amendment \PR18094 - Amendment EXHIBIT A LD CONSTRUCTION Dirt * Base * Asphalt * Concrete PHONE (409) 866 -7267 FAX (409) 866 -4447 Mr. Rawetts Baaheth Assistant City Engineer City of Port Arthur, Texas Re: Contract scope reduction for Flexible Base Street Reconstruction Mr. Baaheth, Please accept this letter as confirmation that LD Construction has no objections to the reduction of the contract scope for the above referenced contract. We fully understand that in today's economic situations that municipalities must allocate the funds available for the best interest of the public. Please call if further documentation is required. Sincerely, Troy Dodson 409 - 866 -7267 148 S. Dowlen Road, PMB 694 * Beaumont, Texas 77707 * (409) 866 -7267 * FAX (409) 866 -4447 AMENDMENT TO THE CONTRACT FOR THE FLEXIBLE BASE STREET RECONSTRUCTION PROJECT DATE: 10 March 2014 ORIGINAL AGREEMENT DATE: 10 December 2014 L D CONSTRUCTION PROJECT DESCRIPTION: Flexible Base Streets Reconstruction BID ITEMS TO BE REMOVED: Item 3: Cement Slurry and Item 4: Mixing Cement Slurry & New Base CHANGE TO CONTRACT AMOUNT: ORIGINAL CONTRACT amount: $492,000.00 The Contract Amount will be (increased /decreased) by: $95,508.75 The new CONTRACT AMOUNT including the CHANGE ORDER will be: $396,491.25 LD Construction: Signature Troy Dodson Printed Name CITY OF PORT ARTHUR John A. Comeaux, P.E. Interim City Manager S: \electrical_sec \ROE \Street Projects \Flex Base Street Repair Projects \Proposed 39th Yr CDBG Streets Project \Cement Slurry Removal- Contract Amendment \Amendment Form CITY OF PORT ARTHUR PUBLIC WORKS DEPARTMENT FLEXIBLE BASE STREETS RECONSTRUCTION (REVISED) This project will be awarded to one bidder. The City reserves the right to reject all bids, reward all portions of this project, or award individual portions of this project, according to the needs of the City. Construction 0.0 Locate all manholes and water valve boxes to avoid damage. Contractor shall be responsible for repairing utilities damaged during construction. Contractor shall call "811" prior to construction. Manholes and valves boxes to be adjusted as needed to match new surface of pavement. Contract shall blade existing pavement edLe to identify width limits of roadway. 1.0 Add limestone base material to the roadway surface to a depth of three inches (3 "). 2.0 Mix the new surface to a depth of six inches (6 ") into the existing pavement material then six inchcs (6 "). Compact mixed base. 3.0 Blade new surface to provide a centerline high point and cross slopes of a minimum of 1/4" per foot, in accordance with the attached detail. 4.0 Apply an asphalt prime coat on the surface at a rate of 0.25 gallons per square yard within 24 hours of completing base prep. 5.0 Place one and one -half inches (1 1/2") of Type "D" asphaltic concrete pavement according to TxDOT Item 341. Apply tack coat at a rate of 0.10 gal /sy. Incidental Items 1.0 Establish traffic control measures for the project including all intersections, driveways and railroad crossing(s) using the basic standards from the Texas Manual on Uniform Traffic Control Devices. Contractor must present the traffic control plan to the City for approval. Inform adjourning residents of the date of construction. The project must allow a minimum of one lane of traffic flow at all times. Payment: Payment to be made on a UNIT PRICE basis, for each item IN PLACE. Page 1 of 8 BID FORM FLEXIBLE BASE STREETS RECONSTRUCTION 20 Street (off of 7 Avenue): East Dead End to West Dead End 1,389 SY Description Unit Quantity Unit Cost Amount Item 1: Limestone Base (3 ") TON 21 $ $ Item 2: Rework Base & SY 1389 $ $ Existing Asphalt Item 3: Cement Slurry TON 28 $ $ Item 4: Mixing Cement SY 1389 $ $ Sl urry Q. Ne Base Item 5: Primecoat, AE -P GAL 350 $ $ Item 6: Tack Coat, SS-1H GAL 210 $ $ Item 7: ACP TON 126 $ $ Item 8: Manhole & Valve LS 1 $ $ Box Adjustments Item 9: Temp. Traffic Control LS 1 $ $ TOTAL BID $ Work will be complete in working days. COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. E -MAIL FAX NUMBER Page 2 of 8 BID FORM FLEXIBLE BASE STREETS RECONSTRUCTION 22nd Street: 4 Avenue to East Dead End 3,227 SY Description Unit Quantity Unit Cost Amount Item 1: Limestone Base (3 ") TON 533 $ $ Item 2: Rework Base & SY 3227 $ $ Existing Asphalt Item 3: Cement Slurry TON 65 $ $ Item 4: Mixing Cement SY 3227 $ $ Sl urry & Ne Base Item 5: Primecoat, AE -P GAL 807 $ $ Item 6: Tack Coat,SS -1H GAL 485 $ $ Item 7: ACP TON 293 $ $ Item 8: Manhole & Valve LS 1 $ $ Box Adjustments Item 9: Temp. Traffic Control LS 1 $ $ TOTAL BID $ Work will be complete in • working days. COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. E -MAIL FAX NUMBER Page 3 of 8 BID FORM FLEXIBLE BASE STREETS RECONSTRUCTION Williams Avenue: Dryden Road to North Dead End 2,823 SY Description Unit Quantity Unit Cost Amount Item 1: Limestone Base (3 ") TON 466 $ $ Item 2: Rework Base & SY 2823 $ $ Existing Asphalt Itcm 3: Cement Slurry TON 57 $ $ Item 4: Mixing Cement SY 2823 $ $ Sitiffy-& Item 5: Primecoat, AE -P GAL 706 $ $ Item 6: Tack Coat,SS -1H GAL 424 $ $ Item 7: ACP TON 257 $ $ Item 8: Manhole & Valve LS 1 $ $ Box Adjustments Item 9: Temp. Traffic Control LS 1 $ $ TOTAL BID $ Work will be complete in working days. COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY ' STATE ZIP TITLE AREA CODE TELEPHONE NO. E -MAIL FAX NUMBER Page 4 of 8 BID FORM FLEXIBLE BASE STREETS RECONSTRUCTION Manning Street (A): East Dead End Street to Hazel Avenue 1,023 SY Description Unit Quantity Unit Cost Amount Item 1: Limestone Base (3 ") TON 169 $ $ Item 2: Rework Base & SY 1023 $ $ Existing Asphalt Item 3: Cement Slurry TON 21- $ $ Item 4: Mixing Cement SY 1023 $ $ Sl uffy & Ne B Item 5: Primecoat, AE -P GAL 256 $ $ Item 6: Tack Coat,SS -1H GAL 154 $ $ Item 7: ACP TON 93 $ $ Item 8: Manhole & Valve LS 1 $ $ Box Adjustments Item 9: Temp. Traffic Control LS 1 $ $ TOTAL BID $ Work will be complete in working days. COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. E -MAIL FAX NUMBER Page 5 of 8 BID FORM FLEXIBLE BASE STREETS RECONSTRUCTION Manning Street (2) Jade to West Dead End 4,345 SY Descri .tion Unit • uanti Unit Cost Amount Item 1: Limestone Base (3 ") TON 717 $ $ Item 2: Rework Base & SY 4345 $ $ Existing Asphalt Item 3: Ccmcnt Slurry TON 85 $ $ Item 1: Mixing Ccmcnt SY 4345 $ $ Slurry & Ne B Item 5: Primecoat, AE -P GAL 1087 $ $ Item 6: Tack Coat,SS -1H, GAL 652 $ $ Item 7: ACP TON 395 $ $ Item 8: Manhole & Valve LS 1 $ $ Box Adjustments Item 9: Temp. Traffic Control LS 1 $ $ TOTAL BID $ Work will be complete in working days. COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. E -MAIL FAX NUMBER Page 6 of 8 BID FORM FLEXIBLE BASE STREETS RECONSTRUCTION 18th Street: Woodworth Blvd. to East Dead End 5,360 SY Description Unit Quantity Unit Cost Amount Item 1: Limestone Base (3 ") TON 885 $ $ Item 2: Rework Base & SY 5360 $ $ Existing Asphalt Item 3: Cemcnt Slurry TON 108 $ $ Item 1: Mixing Cemcnt SY 5360 $ $ Item 5: Primecoat, AE -P GAL 1340 $ $ Item 6: Tack Coat,SS -1H GAL 804 $ $ Item 7: ACP TON 487 $ $ Item 8: Manhole & Valve LS 1 $ $ Box Adjustments Item 9: Temp. Traffic Control LS 1 $ $ TOTAL BID $ Work will be complete in working days. COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. E -MAIL FAX NUMBER Page7of8 CITY OF PORT ARTHUR PUBLIC WORKS DEPARTMENT FLEXIBLE BASE STREETS RECONSTRUCTION BID SUMMARY This project will be awarded to one bidder. The City reserves the right to reject all bids, reward all portions of this project, or award individual portions of this project, according to the needs of the City. Project Term (days) Total Bid 20 Street $ 22 °d Street $ Williams Avenue $ Manning Street (1) $ Manning Street (2) $ 18 Street $ TOTAL BID SUMMARY $ DAYS BID COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. E -MAIL FAX NUMBER Page 8 of 8 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and rate wage regulations issued by the Secretary of Labor under the 9 (including the amount designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30 -day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis -Bacon Act on behalf of Management and Budget under OMB control number 1215 - laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs (c) In the event the contractor, the laborers or mechanics incurred for more than a weekly period (but not less often to be employed in the classification or their than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30 -day period that each classification for the time actually worked therein: additional time Is necessary. employer's y. (Approved by the Office of Provided, That the em p y payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1215 - 0140.) work is performed. The wage determination (including any additional classification and wage rates conformed under (d) The wage rate (including fringe benefits where 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH- appropriate) determined pursuant to subparagraphs 1321) shall be posted at all times by the contractor and its (1)(ii)(b) or (c) of this paragraph, shall be paid to all subcontractors at the site of the work in a prominent and workers performing work in the classification under this accessible, place where it can be easily seen by the contract from the first day on which work is performed in workers. the classification. (ii) (a) Any class of laborers or mechanics which is not (111) Whenever the minimum wage rate prescribed in the listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof. have been met: (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD -4010 (06/2009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 • of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215 - 0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215 -0140 and 1215 - 0017.) action or upon written request of an authorized (ii) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally - assisted contract contractor will submit the payrolls to the applicant subject to Davis -Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH -347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further http: / /www.dol.gov /esa /whd /forms /wh347instr.htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis -Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (I) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved fora Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis -bacon Act), daily and 1215- 0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section 1(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD -4010 (06/2009) Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination (expressed in percentages of the journeyman's hourly incorporated into the contract. rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice (c ) The weekly submission of a properly executed must be paid at not less than the rate specified in the certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress, WH -347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph specified in the applicable wage determination. A.3.(ii)(b). Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (111) The contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (II) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ',to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (1) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program. if the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by Previous editions are obsolete form HUD -4010 (06/2009) Page 3 of 5 ref. Handbook 1344.1 the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (II) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis -Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration withdraws approval of a training program, the contractor (111) The penalty for making false statements is prescribed will no longer be permitted to utilize trainees at less than in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., until an acceptable program is approved. "Federal Housing Administration transactions ", provides in part: "Whoever, for the purpose of . . . influencing in any Oil) Equal employment opportunity. The utilization of way the action of such Administration makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years, or both." amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terms "laborers" and "mechanics" include watchmen and guards. paragraph. (1) Overtime requirements. No contractor or subcontractor T. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis -Bacon and Related Act Requirements. compensation at a rate not less than one and one -half times the basic All rulings and interpretations of the Davis -Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards, 10. (1) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of $10 for each she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be work In excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010 (06/2009) Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91 -54, 83 Stat 96). 40 USG 3701 et seo. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD -4010 (06/2009) Page 5 of 5 ref. Handbook 1344.1 rage 1 01 General Decision Number: TX140056 01/03/2014 TX56 Superseded General Decision Number: TX20130056 State: Texas Construction Type: Highway Counties: Austin, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San Jacinto and Waller Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Modification Number Publication Date 0 01/03/2014 * SUTX2011 -013 08/10/2011 Rates Fringes CEMENT MASON /CONCRETE FINISHER (Paving and Structures) $ 12.98 ELECTRICIAN $ 27.11 FORM BUILDER /FORM SETTER Paving & Curb $ 12.34 Structures $ 12.23 LABORER Asphalt Raker $ 12.36 Flagger $ 10.33 Laborer, Common $ 11.02 Laborer, Utility $ 11.73 Pipelayer $ 12.12 Work Zone Barricade Servicer $ 11.67 PAINTER (Structures) $ 18.62 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 14.06 Asphalt Paving Machine $ 14.32 Broom or Sweeper $ 12.68 Concrete Pavement Finishing Machine $ 13.07 Concrete Paving, Curing, Float, Texturing Machine $ 11.71 Concrete Saw $ 13.99 Crane, Hydraulic 80 Tons or less $ 13.86 Crane, Lattice boom 80 http: / /www.wdol.gov /wdol/ scafiles /davisbacon/TX56.dvb?v =0 3/12/2014 Page 2014 tons or less $ 14.97 Crane, Lattice boom over 80 Tons $ 15.80 Crawler Tractor $ 13.68 Excavator, 50,000 pounds or less $ 12.71 Excavator, Over 50,000 pounds $ 14.53 Foundation Drill, Crawler Mounted $ 17.43 Foundation Drill, Truck Mounted $ 15.89 Front End Loader 3 CY or Less $ 13.32 Front End Loader, Over 3 CY $ 13.17 Loader /Backhoe $ 14.29 Mechanic $ 16.96 Milling Machine $ 13.53 Motor Grader, Fine Grade $ 15.69 Motor Grader, Rough $ 14.23 Off Road Hauler $ 14.60 Pavement Marking Machine $ 11.18 Piledriver $ 14.95 Roller, Asphalt $ 11.95 Roller, Other $ 11.57 Scraper $ 13.47 Spreader Box $ 13.58 Servicer $ 13.97 Steel Worker Reinforcing Steel $ 15.15 Structural Steel Welder $ 12.85 Structural Steel $ 14.39 TRUCK DRIVER Low Boy Float $ 16.03 Single Axle $ 11.46 Single or Tandem Axle Dump $ 11.48 Tandem Axle Tractor w /Semi Trailer $ 12.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the http:// www. wdol. gov/ wdol/ scafiles /davisbacon/TX56.dvb ?v=0 3/12/2014 Page 3 of 4 cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non - union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198 -005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004 -007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling http:// www. wdol. gov/ wdol/ scafiles /davisbacon/TX56.dvb ?v=0 3/12/2014 Page 4 of 4 On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http:// www. wdol. gov/ wdol/ scafiles /davisbacon/TX56.dvb ?v=0 3/12/2014