HomeMy WebLinkAbout056889-A5 - General - Contract - S&H Lone Star Electric, Inc.City Secretary Contract No.
56889-A5
FIFTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 56889
This Fifth Amendment ("Amendment") is entered into by and between the City of Fort
Worth ("City") and S & H LONE STAR ELECTRIC, INC. ("Contractor"). City and
Contractor may be referred to individually as "Party" and collectively as "Parties."
WHEREAS, City received grant monies from the United States Department of Housing
and Urban Development ("HUD") through the Community Development Block Grant -Disaster
Recovery Program ("CDBG-DR") to help communities recover from identified disasters;
WHEREAS, on February 19, 2021, the President declared a disaster for all 254 counties in
the state of Texas as a result of Winter Storm Uri (FEMA DR -4586);
WHEREAS, as a result of the declaration, the City received $27,472,000 in grant funding
to address the impacts of Winter Storm Uri and enhance resilience measures;
WHEREAS, On January 28, 2025, City Council approved a Substantial Amendment to the
City of Fort Worth's 2021 Community Development Block Grant - Disaster Recovery Action Plan
that included an allocation of $4,083,000 to the Mitigation Program to carry out strategic and high -
impact activities to mitigate disaster risks and reduce future losses (Mayor & Council
Communication (M&C) 25-0081);
WHEREAS, prior to the substantial amendment approved in 2025, City Council approved
execution of a non-exclusive agreement with S & H Lone Star Electric for electrician services and
parts on December 14, 2021 (M&C 21-0954; the "Agreement");
WHEREAS, neither M&C 21-0954 nor the corresponding Invitation to Bid ("ITB") No.
21-0196, included CDBG-DR as a funding source for the underlying Agreement with Contractor;
WHEREAS, the Neighborhood Services Department ("NSD") administers the Mitigation
Program, in collaboration with Transportation and Public Works ("TPW") and the Property
Management Department ("PMD");
WHEREAS, the Parties now wish to amend the Agreement in order to incorporate CDBG-
DR/Mitigation related regulations so that the Contractor can provide electrical services under the
Mitigation Program, with the understanding that these additional regulations are only applicable
when services provided are being paid for with CDBG-DR funds; and
WHEREAS, by signing this Amendment, Contractor has agreed to accept these additional
regulations when applicable.
NOW, THEREFORE, the Parties, acting herein by and through their duly
authorized representatives, enter into this following agreement:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
I.
AMENDMENTS
The following terms are hereby amended to replace the referenced terms in the Agreement
and shall be binding and enforceable as if they were originally included therein.
1. AGREEMENT DOCUMENTS listed on page 1 of the Agreement shall be amended to read as
follows:
The Agreement documents shall include the following:
1. This Non -Exclusive Electrician Services and Supplies Agreement; and
2. Exhibit A —
Scope of Services; and
3. Exhibit B
— Payment Schedule; and
4. Exhibit C
— Vendor Contact Information; and
5. Exhibit D
— Verification of Signature Authority; and
6. Exhibit E —
Federal Requirements for CDBG-DR Funds
7. Exhibit F —
Federal Wage Determinations
8. Exhibit G
— HUD 4010 — Federal Labor Standards Provisions
Exhibits A through G, which are attached hereto and incorporated herein, are made a part
of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Exhibits A through G and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
2. EXHIBIT E — Federal Requirements for Community Development Block Grant — Disaster
Recovery Funds is hereby incorporated into the Agreement.
3. EXHIBIT F — Federal Wage Determinations are hereby incorporated into this Agreement.
4. EXHIBIT G — HUD 4010 — Federal Labor Standards Provisions is hereby incorporated into
this Agreement.
II.
This amendment is effective as of September 15, 2026.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties. Capitalized
terms not defined herein shall have the meanings assigned to them in the Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
ACCEPTED AND AGREED:
S & H LONE STAR ELECTRIC, INC.
09/25/2026
By:
Travis Huston III, President
9fORr�000
ATTEST:
0055 �4p564
10/12/2026
Jannette Goodall, City Secretary
M&C: 21-0954
Date: 12/14/2021
1295 Certification No. 2021-827032
RECOMMENDED:
10/08/2026
By: Kacey Thomas (Oct 8, 2026 17:15:46 CDT)
Kacey Thomas, Neighborhood Services Director
CITY OF FORT WORTH
D• am _r aMo 10/12/2026
By. Dana Burghdoff (Oct2. 202610,55:05 CDT)
Dana Burghdoff, Assistant City Manager
APPROVE AS TO FORM AND
LEGALITY:
By: 10/12/2026
Jessika J. Williams
CONTRACT COMPLIANCE ADMINISTRATOR:
Assistant City Attorney
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements
09/25/2026
Jerin Smith, Neighborhood Development Coordinator
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit "E" —Federal Requirements for Community
Development Block Grant — Disaster Recovery Funds
The following sections must be included in bid documents and contracts or subcontracts involving
the use of United States Department of Housing and Urban Development (HUD) Community
Development Block Grant — Disaster Recovery (CDBG-DR) funds. This language comes from
Appendix II to 2 CFR Part 200 -Contract Provisions for Non -Federal Entity Contracts Under
Federal Awards.
1.0. Terms Applicable to Vendors. Sub vendors and Subcontractors.
Vendor understands and agrees that all terms of this exhibit, whether regulatory or
otherwise, shall apply to any and all sub vendors and subcontractors which are in any way paid
with CDBG-DR funds or who perform any work in connection with the Project. Vendor shall
require all applicable provisions of this exhibit to be included in and made a part of any contract
or subcontract executed in the performance of its obligations hereunder, including if applicable,
its obligations regarding the CDBG-DR Regulations, the CDBG-DR Requirements, and the City
Requirements during the Contract Period of Performance. Vendor shall monitor the services and
work performed by its sub vendors, subcontractors and others on a regular basis for compliance,
as applicable, with the CDBG-DR Regulations, the CDBG-DR Requirements, and the City
Requirements as well as the exhibit provisions. Vendor must cure all violations of the CDBG-DR
Regulations committed by its sub vendors or subcontractors. Vendor acknowledges that the
provisions of this Section shall survive the earlier termination or expiration of this Contract
and be applicable for the length of the project and for 4 years thereafter.
2.0. Compliance With All Applicable Laws and Regulations.
Vendor agrees to comply fully with all applicable laws and regulations that are currently
in effect or that are hereafter amended during the term of this Contract and throughout the project.
Those laws include, but are not limited to:
(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 vendors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by
the non -Federal entity including the manner by which it will be effected and the basis for
settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part
60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor."
(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities
must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non -Federal entity must place a copy of the current prevailing
wage determination issued by the Department of Labor in each solicitation. The decision to award
a contract or subcontract must be conditioned upon the acceptance of the wage determination. The
non -Federal entity must report all suspected or reported violations to the Federal awarding agency.
The contracts must also include a provision for compliance with the Copeland "Anti -Kickback"
Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient
must be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she
is otherwise entitled.
The non -Federal entity must report all suspected or reported violations to the Federal awarding
agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each vendor 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. 7401-7671g.) 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. 7401-7671g) 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) —Vendors 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. Procurement of Recovered Material
(K) See ' 200.216. Prohibition on certain telecommunications and video surveillance equipment
or services.
(L) See &200.322. Domestic Preference for Procurement.
(M) Additional compliance requirements:
• CDBG Regulations found in 24 CFR Part 570.
• Title I of the Housing and Community Development Act of 1974, as amended, (42 USC
5301).
• The Age Discrimination in Employment Act of 1967.
• The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.).
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA").
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR
Part 8 where applicable.
• National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et seq.
("NEPA") and the related authorities listed in 24 CFR Part 58.
• Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically
including the provisions requiring employer verifications of legal status of its employees.
• The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the
Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and the
Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A.
• Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23,
Subpart F.
• Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act.
• Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the
Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and
implementing regulations at 24 CFR Part 35, subparts A, B, M, and R.
• Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 CFR Part 200 et seq.
• Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L. 109-
282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101).
• Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10
U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
• Public Laws Specific to Disaster Appropriations
o The Disaster Relief Supplemental Appropriations Act, 2022 (Pub. L. 117— 43)
approved September 30, 2021 (the "Appropriations Act") which made available
$5,000,000,000 in Community Development Block Grant Disaster Recovery
(CDBG—DR) funds.
o In March 2022, HUD allocated $2,213,595,000 in CDBG—DR funds from the
Disaster Relief Supplemental Appropriations Act, 2022 (Pub. L. 117— 43 known as
the "2022 Appropriations Act") for disasters occurring in 2021.
• The Continuing Appropriations Act, 2023 (Pub. L. 117-180) approved September 30,
2022 (the "2023 Appropriations Act") made available $2,000,000,000 in CDBG—DR
funds.] Including Executive Orders to the extent that such Orders are binding on the
parties to the CDBG-DR agreement and not in conflict with prior contractual obligations.
• Environmental Protection Agency (EPA) RULES
• Texas Environmental Lead Reduction Rules (TELRR)
Vendor covenants and agrees that its officers, agents, employees and sub vendors shall abide by
and comply with all other laws, Federal, state and local, relevant to the performance of this
Contract, including all applicable City ordinances, rules and regulations and Title I of the Housing
and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and the CDBG
Regulations, as amended, (24 CFR Part 570 et seq), and the Texas Administrative Code. Vendor
further promises and agrees that it has read, and is familiar with, the terms and conditions of the
above -mentioned federal and state regulations.
3.0 Section 3 (24 CFR Part 75)
The work to be performed under this contract is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 USC.1701u (Section
3). The purpose of Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance, or HUD -assisted projects covered by Section 3, shall to the
greatest extent feasible be directed to low and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.The parties to this contract agree
to comply with HUD's regulations in 24 CFR part 75,which implement Section 3. As
evidenced by their execution of this contract, the parties to this contract certify that they
are under no contractual or other impediment that would prevent them from complying
with the part 75 regulations.
The vendor agrees to send to each labor organization or representative of workers with
which the vendor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the vendor's
commitments under this Section 3 Clause and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
The vendor agrees to include this Section 3 Clause in every subcontract subject to
compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as
provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a
finding that the sub vendor is in violation of the regulations in 24 CFR part 75. The vendor
will not subcontract with any sub vendor where the vendor has notice or knowledge that
the sub vendor has been found in violation of the regulations in 24 CFR part 75.
The vendor will certify that any vacant employment positions, including training positions,
that are filled (1) after the vendor is selected but before the contract is executed, and (2)
with persons other than those to whom the regulations of 24 CFR part 75 require
employment opportunities to be directed, were not filled to circumvent the vendor's
obligations under 24 CFR part 75.
• Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
4.0 City Access to Documents and Deliverables
All information and data arising from the work performed under this Contract shall be the property
of the City and may be subject to disclosure to third parties and additionally may be subject to
release to the public under the provisions of the Texas Open Records Act. Vendor shall release
and provide to City or its authorized designee all information and data related to performance
under this Contract. Vendor shall not limit or attempt to limit access to information or data by the
City nor shall Vendor obtain or attempt to obtain a copyright to such information or data. Vendor
understands and agrees that data may be released to third parties, including but not limited to HUD
at the sole discretion of City.
In the event a patentable invention is created as part of this Contract and a patent is obtained,
Vendor shall notify City of the patent and the patent shall, at the sole discretion of the City, be
assigned to City upon demand. City retains all rights to intellectual property developed in the
course of this Contract.
In the event any copyright arises with respect to any data or other copyrightable work developed
in the course of or under this Contract, Vendor shall notify City of the copyright and the copyright
shall, at the sole discretion of City, be assigned to City upon demand. City, HUD and the United
States Comptroller General, or their respective representatives, shall have access for 4 years
following the termination of this Contract to any books, documents, records and papers relating to
the operations of Vendor under this Contract for the purpose of audit, examination, exception and
transcription at all of Vendor's offices at all reasonable hours. This provision shall survive the
termination or expiration of this Contract.
5.0 Right to Inspect Vendor Contracts
It is agreed that City has the right to inspect and approve in writing, prior to any charges being
incurred, any proposed contracts between Vendor and (i) its Subvendors, including any lower
tier sub vendors engaged in any activity that is funded as a part of the construction of the
Project to ensure they contain Davis -Bacon Act and Section 3 requirements, (ii) Vendor
contracts arising out of the construction of the Project, and (iii) any third party contracts to be
paid with CDBG-DR Funds.
Vendor agrees that they are is bound by the terms and conditions set out in this exhibit and further
agrees that this exhibit is part of the Contract Documents and is incorporated into the Agreement
for all purposes.
All records pertaining to Contract, including but not limited to any books, documents, and papers,
shall be retained for 4 years following the termination of this Contract. Vendor may destroy Project
records at the end of this 4 year period if no outstanding audit finding exists. This provision shall
survive the termination or expiration of this Contract.
EXHIBIT F
Wage determination cover sheet
9/18/26, 1:50 PM SAM.gov
"General Decision Number: TX20260270 05/18/2026
State: Texas
Construction Types: Building
Counties: Texas Counties of
Tarrant
Modification Number Publication Date
0 01/02/2026
1 05/18/2026
ASBE0021-011 06/01/2025
Rates Fringes
ASBESTOS WORKER/HEAT & FROST INSULATOR (DUCT, PIPE
AND MECHANICAL SYSTEM INSULATION) ...................$ 33.23 7.52
----------------------------------------------------------------
BOIL0074-003 01/01/2025
Rates Fringes
BOILERMAKER .........................................$ 33.17 24.92
----------------------------------------------------------------
CARP1421-002 10/01/2023
Rates Fringes
MILLWRIGHT ..........................................$ 32.02 11.27
----------------------------------------------------------------
ELEV0021-006 01/01/2025
Rates Fringes
ELEVATOR MECHANIC: FOOTNOTES: A. 6% UNDER 5
YEARS BASED ON REGULAR HOURLY RATE FOR ALL HOURS
WORKED. 8% OVER 5 YEARS BASED ON REGULAR HOURLY
RATE FOR ALL HOURS WORKED. B. NEW YEAR'S DAY,
MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY,
THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING
DAY, CHRISTMAS DAY, AND VETERANS DAY ................$ 51.93 38.44
----------------------------------------------------------------
ENGIO178-005 06/01/2020
Rates Fringes
POWER EQUIPMENT OPERATOR ((3) HYDRAULIC CRANES 59
TONS AND UNDER) .....................................$ 32.35 13.10
POWER EQUIPMENT OPERATOR ((1) TOWER CRANE)..........$ 32.85 13.10
----------------------------------------------------------------
IRON0263-005 06/01/2025
Rates Fringes
IRONWORKER: ORNAMENTAL AND STRUCTURAL ...............$ 29.64 8.43
----------------------------------------------------------------
PAIN0053-004 04/01/2014
Rates Fringes
https://sam.gov/wage-determination/TX20260270/1 1/5
9/18/26, 1:50 PM SAM.gov
PAINTER (BRUSH, ROLLER, AND SPRAY (EXCLUDES DRYWALL
FINISHING/TAPING))..................................$ 16.40 5.45
----------------------------------------------------------------
PLUM0146-003 05/01/2025
Rates Fringes
PIPEFITTER (EXCLUDES HVAC PIPE INSTALLATION)........$ 41.28 12.16
----------------------------------------------------------------
SUTX2014-048 07/21/2014
Rates
Fringes
TRUCK DRIVER: WATER TRUCK ..........................$
12.00
4.11
TRUCK DRIVER: SEMI -TRAILER TRUCK ...................$
12.50
0.00
TRUCK DRIVER: FLATBED TRUCK ........................$
19.65
8.57
TRUCK DRIVER: DUMP TRUCK ...........................$
12.39
1.18
TILE SETTER .........................................$
12.00
0.00
TILE FINISHER .......................................$
11.22
0.00
SPRINKLER FITTER (FIRE SPRINKLERS) ..................$
19.27
3.68
SHEET METAL WORKER, EXCLUDES HVAC DUCT INSTALLATION.$
18.63
0.65
SHEET METAL WORKER (HVAC DUCT INSTALLATION ONLY) .$
21.54
5.59
ROOFER ..............................................$
15.70
0.58
PLUMBER, EXCLUDES HVAC PIPE INSTALLATION ............$
22.10
4.17
PLASTERER ...........................................$
15.30
0.00
PIPEFITTER (HVAC PIPE INSTALLATION ONLY)............$
21.28
4.45
OPERATOR: ROLLER ...................................$
15.04
0.00
OPERATOR: PAVER (ASPHALT, AGGREGATE, AND
CONCRETE) ...........................................$
18.44
0.00
OPERATOR: MECHANIC .................................$
17.52
3.33
OPERATOR: LOADER ...................................$
12.89
1.19
OPERATOR: GRADER/BLADE .............................$
12.95
0.00
OPERATOR: FORKLIFT .................................$
14.20
0.00
OPERATOR: DRILL ....................................$
17.60
0.50
OPERATOR: BULLDOZER ................................$
18.29
1.31
OPERATOR: BOBCAT/SKID STEER/SKID LOADER............$
13.93
0.00
OPERATOR: BACKHOE/EXCAVATOR/TRACKHOE...............$
13.09
0.00
LABORER: LANDSCAPE AND IRRIGATION ...................$
10.00
0.00
LABORER: ROOF TEAROFF ..............................$
11.28
0.00
LABORER: PIPELAYER.................................$
13.00
0.35
LABORER: MASON TENDER - CEMENT/CONCRETE ............$
10.81
0.00
LABORER: MASON TENDER - BRICK ......................$
10.50
0.00
LABORER: COMMON OR GENERAL .........................$
11.30
0.00
IRONWORKER, REINFORCING .............................$
12.19
0.00
INSTALLER - SIDING (METAL/ALUMINUM/VINYL)...........$
15.77
0.00
HVAC MECHANIC (HVAC UNIT INSTALLATION ONLY).........$
22.39
7.10
GLAZIER .............................................$
16.61
2.96
FORM WORKER .........................................$
12.35
0.00
ELECTRICIAN, EXCLUDES LOW VOLTAGE WIRING AND
INSTALLATION OF ALARMS/SOUND AND COMMUNICATION
SYSTEMS .............................................$
20.59
3.98
ELECTRICIAN (SOUND AND COMMUNICATION SYSTEMS ONLY)..$
17.79
2.41
ELECTRICIAN (LOW VOLTAGE WIRING ONLY) ...............$
14.88
2.15
ELECTRICIAN (ALARM INSTALLATION ONLY) ...............$
18.00
0.38
DRYWALL HANGER AND METAL STUD INSTALLER .............$
16.20
3.40
DRYWALL FINISHER/TAPER ..............................$
16.24
3.94
CEMENT MASON/CONCRETE FINISHER ......................$
13.44
0.00
CARPENTER, EXCLUDES DRYWALL HANGING, FORM WORK, AND
METAL STUD INSTALLATION .............................$
15.47
1.82
BRICKLAYER ..........................................$
----------------------------------------------------------------
20.66
0.00
----------------------------------------------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
https://sam.gov/wage-determination/TX20260270/1 2/5
9/18/26, 1:50 PM
SAM.gov
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.
Note: Executive Order 13658 generally applies to contracts subject
to the Davis -Bacon Act that were awarded on or between January 1,
2015 and January 29, 2022, and that have not been renewed or
extended on or after January 30, 2022. Executive Order 13658 does
not apply to contracts subject only to the Davis -Bacon Related Acts
regardless of when they were awarded. If a contract is subject to
Executive Order 13658, the contractor must pay all covered workers
at least $13.65 per hour (or the applicable wage rate listed on this
wage determination, if it is higher) for all hours spent performing on
the contract from May 11, 2026, through December 31, 2026. The
applicable Executive Order minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker
protections under Executive Order 13658 is available at
www.dol.gov/whd/govcontracts.
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
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
*SU*, AUAVGA, •SA•, or •SC• denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
https://sam.gov/wage-determination/TX20260270/1 3/5
9/18/26, 1:50 PM
Union Average Rate Identifiers
SAM.gov
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The *SU* identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
*SU* wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The •SA• identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g) -(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the •SA• identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
https://sam.gov/wage-determination/TX20260270/1
4/5
9/18/26, 1:50 PM
SAM.gov
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail 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 an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail 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 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.
----------------------------------------------------------------
----------------------------------------------------------------
END OF GENERAL DECISION
https://sam.gov/wage-determination/TX20260270/1 5/5
9/18/26, 1:48 PM SAM.gov
"General Decision Number: TX20260026 05/18/2026
State: Texas
Construction Types: Heavy
Counties: Texas Counties of
Johnson, Parker and Tarrant
Modification Number Publication Date
0 01/02/2026
1 05/18/2026
PLUM0146-002 01/01/2024
Rates Fringes
PLUMBER/PIPEFITTER..................................$ 38.28 12.81
----------------------------------------------------------------
SUTX1990-041 06/01/1990
Rates
Fringes
TRUCK DRIVER ........................................$
7.34
0.00
REINFORCING STEEL SETTER ............................$
10.64
0.00
POWER EQUIPMENT OPERATORS:
SCRAPER ..................$
10.00
0.00
POWER EQUIPMENT OPERATORS:
MECHANIC .................$
10.93
0.00
POWER EQUIPMENT OPERATORS:
FRONT END LOADER.........$
10.54
0.00
POWER EQUIPMENT OPERATORS:
CRANE ....................$
13.16
3.30
POWER EQUIPMENT OPERATORS:
BULLDOZER ................$
10.76
0.00
POWER EQUIPMENT OPERATORS:
(BACKHOE)................$
11.89
3.30
PIPELAYER...........................................$
8.43
0.00
PAINTER .............................................$
10.89
0.00
LABORERS: (UTILITY) .................................$
8.09
0.00
LABORERS: (COMMON) ..................................$
7.25
0.00
FORM SETTER .........................................$
7.86
0.00
ELECTRICIAN .........................................$
13.26
0.00
CONCRETE FINISHER ...................................$
9.81
0.00
CARPENTER ...........................................$
----------------------------------------------------------------
10.40
0.00
----------------------------------------------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
https://sam.gov/wage-determination/TX20260026/1 1/4
9/18/26, 1:48 PM
SAM.gov
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.
Note: Executive Order 13658 generally applies to contracts subject
to the Davis -Bacon Act that were awarded on or between January 1,
2015 and January 29, 2022, and that have not been renewed or
extended on or after January 30, 2022. Executive Order 13658 does
not apply to contracts subject only to the Davis -Bacon Related Acts
regardless of when they were awarded. If a contract is subject to
Executive Order 13658, the contractor must pay all covered workers
at least $13.65 per hour (or the applicable wage rate listed on this
wage determination, if it is higher) for all hours spent performing on
the contract from May 11, 2026, through December 31, 2026. The
applicable Executive Order minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker
protections under Executive Order 13658 is available at
www.dol.gov/whd/govcontracts.
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
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
*SU*, QUAVGQ, •SAQ, or *SC* denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUMO198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
https://sam.gov/wage-determination/TX20260026/1 2/4
9/18/26, 1:48 PM SAM.gov
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The *SU* identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
*SU* wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The •SA• identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g) -(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the •SA• identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
https://sam.gov/wage-determination/TX20260026/1 3/4
9/18/26, 1:48 PM
SAM.gov
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail 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 an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail 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 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.
----------------------------------------------------------------
----------------------------------------------------------------
END OF GENERAL DECISION
https://sam.gov/wage-determination/TX20260026/1 4/4
EXHIBIT G
HUD -4010 U.S. Department of Housing and Urban Development
Federal Labor Standards Provisions Office of Davis -Bacon and Labor Standards
A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being
assisted by the United States of America, and the following Federal Labor Standards Provisions are
included in this Contract pursuant to the provisions applicable to such Federal assistance.
1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in
construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR
5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they
have not been attached to the contract. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under the Davis -Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans, funds, or programs which
cover the particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification(s) of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the
time actually worked therein: Provided, That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including any
additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis -Bacon
poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by the workers.
ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under
the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f),
wage and fringe benefit rates for classifications of laborers and mechanics for which conformance
requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:
1. The work performed by the classification is not performed by a classification in the wage
determination for which a prevailing wage rate has been determined;
2. The classification is used in the area by the construction industry; and
3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates
contained in the wage determination.
B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR
5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage
and fringe benefit rate listed on the wage determination for such classification.
iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract be
Previous editions obsolete 1 Form HUD -4010, (10/2023)
ref. Handbook 1344.1
classified in conformance with the wage determination. Conformance of an additional classification
and wage rate and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in
the wage determination; and
2. The classification is used in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
B. The conformance process may not be used to split, subdivide, or otherwise avoid application of
classifications listed in the wage determination.
C. If the contractor and the laborers and mechanics to be employed in the classification (if known),
or their representatives, and the contracting officer agree on the classification and wage rate
(including the amount designated for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to DBAconformance@dol.gov.The
Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30 —day period that additional time is necessary.
D. In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30 —day period that additional time is necessary.
E. The contracting officer must promptly notify the contractor of the action taken by the Wage
and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written
copy of such determination to each affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where appropriate) determined
pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the
benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, in accordance with the
criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis -Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the
contractor will be required to pay interest on any underpayment of wages.
Previous editions obsolete 2 Form HUD -4010, (10/2023)
ref. Handbook 1344.1
2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon
written request of an authorized representative of the Department of Labor, withhold or cause to be
withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount
of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a)
for violations of this contract, or to satisfy any such liabilities required by any other Federal
contract, or federally assisted contract subject to Davis -Bacon labor standards, that is held by the
same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the
contractor under this contract, any other Federal contract with the same prime contractor, or any
other federally assisted contract that is subject to Davis -Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the other contract was awarded or
assisted by the same agency, and such funds may be used to satisfy the contractor liability for which
the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic,
including any apprentice or helper working on the site of the work (or otherwise working in
construction or development of the project under a development statute) all or part of the wages
required by the contract, or upon the contractor's failure to submit the required records as
discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR
5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor's surety(ies), including without limitation performance bond sureties and
payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a
contractor, or a contractor's bankruptcy estate;
D. A contractor's assignee(s);
E. A contractor's successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by
the contractor and any subcontractor during the course of the work and preserved for all
laborers and mechanics working at the site of the work (or otherwise working in construction
or development of the project under a development statute) for a period of at least 3 years
after all the work on the prime contract is completed.
B. Information required Such records must contain the name; Social Security number; last known
address, telephone number, and email address of each such worker; each worker's correct
classification(s) of work actually performed; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act); daily and weekly number of
hours actually worked in total and on each covered contract; deductions made; and actual
wages paid.
C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any
Previous editions obsolete 3 Form HUD -4010, (10/2023)
ref. Handbook 1344.1
costs reasonably anticipated in providing benefits under a plan or program described in 40
U.S.C. 3141(2)(B) of the Davis -Bacon Act, the contractor must maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred
in providing such benefits.
D. Additional records relating to apprenticeship Contractors with apprentices working under
approved programs must maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios and wage rates prescribed in the
applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly,
for each week in which any DBA- or Related Acts -covered work is performed, certified
payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other
entity, as the case may be, that maintains such records, for transmission to HUD. The prime
contractor is responsible for the submission of all certified payrolls by all subcontractors. A
contracting agency or prime contractor may permit or require contractors to submit certified
payrolls through an electronic system, as long as the electronic system requires a legally valid
electronic signature; the system allows the contractor, the contracting agency, and the
Department of Labor to access the certified payrolls upon request for at least 3 years after
the work on the prime contract has been completed; and the contracting agency or prime
contractor permits other methods of submission in situations where the contractor is unable
or limited in its ability to use or access the electronic system
B. Information required The certified payrolls submitted must set out accurately and completely
all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full
Social Security numbers and last known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the certified payrolls need only include
an individually identifying number for each worker (e.g., the last four digits of the worker's
Social Security number). The required weekly certified payroll information may be submitted
using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division Web site athttps://www.dol.gov/
sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of
this section for a prime contractor to require a subcontractor to provide full Social Security
numbers and last known addresses, telephone numbers, and email addresses to the prime
contractor for its own records, without weekly submission by the subcontractor to the
sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case
may be, that maintains such records).
C. Statement of Compliance Each certified payroll submitted must be accompanied by a
"Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or
subcontractor's agent who pays or supervises the payment of the persons working on the
contract, and must certify the following:
1. That the certified payroll for the payroll period contains the information required to be
provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being
maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and
complete;
2. That each laborer or mechanic (including each helper and apprentice) working on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly
Previous editions obsolete 4 Form HUD -4010, (10/2023)
ref. Handbook 1344.1
from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;
and
3. That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification(s) of work actually performed, as
specified in the applicable wage determination incorporated into the contract.
D. Use of Optional Form WH-347 The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for
submission of the "Statement of Compliance" required by 29 CFR 5.5(a)(3)(ii)(C).
E. Signature The signature by the contractor, subcontractor, or the contractor's or
subcontractor's agent must be an original handwritten signature or a legally valid electronic
signature.
F. Falsification The falsification of any of the above certifications may subject the contractor
or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
G. Length of certified payroll retention The contractor or subcontractor must preserve all
certified payrolls during the course of the work and for a period of 3 years after all the work
on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this
contract or subcontract and related documents including, without limitation, bids, proposals,
amendments, modifications, and extensions. The contractor or subcontractor must preserve these
contracts, subcontracts, and related documents during the course of the work and for a period of 3
years after all the work on the prime contract is completed.
iv Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must
make the records required under 29 CFR 5.5(a)(3)(i)—(iii), and any other documents that
HUD or the Department of Labor deems necessary to determine compliance with the labor
standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available
for inspection, copying, or transcription by authorized representatives of HUD or the
Department of Labor, and must permit such representatives to interview workers during
working hours on the job.
B. Sanctions for non-compliance with records and worker access requirements If the
contractor or subcontractor fails to submit the required records or to make them available,
or refuses to permit worker interviews during working hours on the job, the Federal agency
may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the
case may be, that maintains such records or that employs such workers, take such action as
may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon request or to make such
records available, or to permit worker interviews during working hours on the job, may be
grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other
person that fails to submit the required records or make those records available to WHD
within the time WHD requests that the records be produced will be precluded from
introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the
required records that were not provided or made available to WHD. WHD will take into
consideration a reasonable request from the contractor or person for an extension of the
time for submission of records. WHD will determine the reasonableness of the request and
may consider, among other things, the location of the records and the volume of
production.
C. Required information disclosures Contractors and subcontractors must maintain the full
Social Security number and last known address, telephone number, and email address of
each covered worker, and must provide them upon request to HUD if the agency is a party to
Previous editions obsolete 5 Form HUD -4010, (10/2023)
ref. Handbook 1344.1
the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal
agency is not such a party to the contract, the contractor, subcontractor, or both, must,
upon request, provide the full Social Security number and last known address, telephone
number, and email address of each covered worker to the applicant, sponsor, owner, or
other entity, as the case may be, that maintains such records, for transmission to HUD, the
contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or other compliance action.
4. Apprentices and equal employment opportunity
Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for
the work they perform when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA. A person who is not individually registered in
the program, but who has been certified by the OA or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice, will be
permitted to work at less than the predetermined rate for the work they perform in the
first 90 days of probationary employment as an apprentice in such a program. In the event
the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at
less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions
of the apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringe benefits must
be paid in accordance with that determination.
C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in
any craft classification must not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio applicable to the locality of
the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR
5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under this section must be
paid not less than the applicable wage rate on the wage determination for the work actually
performed.
D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a
project in a locality other than the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the
locality in which the construction is being performed must be observed. If there is no
applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified
in the contractor's registered program must be observed.
ii Equal employment opportunity The use of apprentices and journeyworkers under this part must
be in conformity with the equal employment opportunity requirements of Executive Order 11246,
as amended, and 29 CFR part 30.
5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29
CFR part 3, which are incorporated by reference in this contract.
Previous editions obsolete 6 Form HUD -4010, (10/2023)
ref. Handbook 1344.1
6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in
29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses
or contract modifications as the U.S. Department of Housing and
Urban Development may by appropriate instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any lower tier subcontracts. The prime
contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in this section. In the event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including
interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors,
and may be subject to debarment, as appropriate.
7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
8 Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the
Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm who
has an interest in the contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).
ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).
iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and
Criminal Procedure, 18 U.S.C. 1001.
11 Anti -retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to
discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or
seeking to assert on behalf of themselves or others any right or protection under the DBA,
Related Acts, or 29 CFR parts 1, 3, or 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under
the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or
iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3,
or 5.
B. Contract Work Hours and Safety Standards Act (CWHSSA)
The Agency Head must cause or require the contracting officer to insert the following clauses set
forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal
Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject
to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must
Previous editions obsolete 7 Form HUD -4010, (10/2023)
ref. Handbook 1344.1
be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the
terms "laborers and mechanics" include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages and interest from the date of the underpayment. In addition,
such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchpersons and guards, employed in violation of the clause set
forth in 29 CFR 5.5(b)(1), in the sum of $31 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of
Federal assistance may, upon its own action, or must, upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the contractor
so much of the accrued payments or advances as may be considered necessary to satisfy the
liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief,
including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on
this contract, any other Federal contract with the same prime contractor, or any other federally
assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the
same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the
contractor under this contract, any other Federal contract with the same prime contractor, or any
other federally assisted contract that is subject to the Contract Work Hours and Safety Standards
Act and is held by the same prime contractor, regardless of whether the other contract was
awarded or assisted by the same agency, and such funds may be used to satisfy the contractor
liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in
accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor's surety(ies), including without limitation performance bond sureties and
payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a
contractor, or a contractor's bankruptcy estate;
D. A contractor's assignee(s);
E. A contractor's successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in
29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1) through (5). In the event of any
violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for
any unpaid wages and monetary relief, including interest from the date of the underpayment or loss,
Previous editions obsolete 8 Form HUD -4010, (10/2023)
ref. Handbook 1344.1
due to any workers of lower -tier subcontractors, and associated liquidated damages and may be subject
to debarment, as appropriate.
5 Anti -retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to
discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing
regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting
or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or
29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding
under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract
subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws
referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a
clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic
records during the course of the work and must preserve them for a period of 3 years after all the work
on the prime contract is completed for all laborers and mechanics, including guards and watchpersons,
working on the contract. Such records must contain the name; last known address, telephone number,
and email address; and social security number of each such worker; each worker's correct
classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of
hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause
or require the contracting officer to insert in any such contract a clause providing that the records to be
maintained under this paragraph must be made available by the contractor or subcontractor for
inspection, copying, or transcription by authorized representatives of the (write the name of agency)
and the Department of Labor, and the contractor or subcontractor will permit such representatives to
interview workers during working hours on the job.
D. Incorporation of contract clauses and wage determinations by reference Although agencies are
required to insert the contract clauses set forth in this section, along with appropriate wage
determinations, in full into covered contracts, and contractors and subcontractors are required to insert
them in any lower -tier subcontracts, the incorporation by reference of the required contract clauses
and appropriate wage determinations will be given the same force and effect as if they were inserted in
full text.
E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent
under the Federal Acquisition Regulation), along with the correct wage determinations, will be
considered to be a part of every prime contract required by the applicable statutes referenced by 29
CFR 5.1 to include such clauses, and will be effective by operation of law, whether or not they are
included or incorporated by reference into such contract, unless the Administrator grants a variance,
tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage
determinations are effective by operation of law under this paragraph, the prime contractor must be
compensated for any resulting increase in wages in accordance with applicable law.
Previous editions obsolete 9 Form HUD -4010, (10/2023)
ref. Handbook 1344.1
F. HEALTH AND SAFETY
The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds
$100,000.
1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction
safety and health standards promulgated by the Secretary of Labor by regulation.
2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part
1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and
Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions
will be binding on each subcontractor. The contractor shall take such action with respect to any
subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as
a means of enforcing such provisions.
Previous editions obsolete 10 Form HUD -4010, (10/2023)
ref. Handbook 1344.1
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
12021-827032
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
S&H Lone Star Electric
Fort Worth, TX United States
Date Filed:
11/2912021
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Fort Worth
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
21-0196 Electrician Services
Electrical Maintenance and projects
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
S&H Lone Star Electric
Fort Worth, TX United States
X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is Brad Gallivan, and my date of birth is
My address is 2320 Cullen St. Fort Worth TX 76107 US
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Tarrant County, State of Texas on the 29 day of Nov , 2021.
(month) (year)
Signature of authorized agen of contracting business entity
(Declarant)
Forms proviaed by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
9/18/26, 4:13 PM M&C Review
Official site of the City of Fort Worth, Texas
FORT
ACITY COUNCIL AGEND WORTH
Create New From This M&C
DATE: 12/14/2021 REFERENCE **M&C 21- LOG NAME: 13P 21-0196 ELECTRICIAN
NO.: 0954 SERVICES AND PARTS JC
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize an Agreement with S&H Lone Star Electric, Inc. for Electrician Services
and Parts in a Combined Annual Amount Up to $1,587,075.00 and Authorize Four Annual
Renewals Options for the Same Amount for the City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize an agreement with S&H Lone Star Electric, Inc. for
electrician services and parts in a combined annual amount up to $1,587,075.00 and authorize four
annual renewals options for the same amount for the City of Fort Worth.
DISCUSSION:
The Property Management, Aviation, Park & Recreation, Transportation and Public Works, Water,
Public Events, and Human Resources departments requested that Purchasing issue an Invitation to
Bid (ITB) for Agreements to procure labor, parts, and all tools for new and rehabilitative electrical work
and repairs in City -maintained buildings. Also, the Water and Human Resource Department may use
the Agreements for repairs due to accidental damages at work -site locations.
The ITB consisted of detailed specifications listing the service expectations, level of expertise as well
as required licenses and certifications. The specifications required the vendor to provide labor and
parts for electrical work, repairs, and parts. The ITB was advertised in the Fort Worth Star -Telegram
on September 22, 2021, September 29, 2021, and October 6, 2021. The City received one bid.
Bids were evaluated on Best Value criteria, including cost, contractor's qualifications, experience,
references, availability of resources to provide services, and their approach to perform services. Staff
from Property Management, Park and Recreation, Water, Transportation and Public Works, and
Public Events evaluated the bids submitted and recommends awarding a one-year agreement
to S&H Lone Star Electric, Inc. along with four one-year options to renew. No guarantee was made
that a specific amount of these services and parts will be purchased.
BUSINESS EQUITY: A waiver of the goal for M/WBE subcontracting requirements is approved by the
Diversity and Inclusion Department, in accordance with Ordinance No. 225165-10-2021 (the
Business Equity Ordinance), because the application of the purchase of goods or services is from
sources where subcontracting or supplier opportunities are negligible.
ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
AGREEMENT TERMS - Upon City Council approval, each agreement shall begin upon execution and
expire one year from that date.
RENEWAL OPTIONS - Each agreement may be renewed for four additional one-year renewal
periods. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL IN
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the participating departments' Operating Funds to support the approval of
apps.cfwnet.org/council_packet/mc_review.asp?l D=29502&councildate=12/14/2021 1/2
9/18/26, 4:13 PM
M&C Review
the above recommendation and execution of the agreement. Prior to an expenditure being incurred,
the participating departments have the responsibility to validate the availability of funds.
BQN\\
Fund
Department
ID
Account
Project Program Activity Budget
ID Year
Reference # Amount
(Chartfield 2)
FROM
Fund
Department Account Project
Program Activity Budget
Reference #
Amount
ID ID
Year
(Chartfield 2)
Submitted for City Manager's Office by
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Jay Chapa (5804)
Reginald Zeno (8517)
Cynthia Garcia (8525)
Jeff Cope (8313)
21-0196 1295.pdf (CFW Internal)
21-0196 Electrical Service Jeff Cope - GW.pdf (CFW Internal)
SAMs Report 11-22-2021.pdf (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp?I D=29502&councildate=12/14/2021 2/2
FORT WORTH®
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: S&H Lonestar Electric
Subject of the Agreement: Please review and complete this document. This document will be the 5th amendment of the
original contract of Lone Star Electrical, CSC56889, approved on December 14, 2021 with M&C 21-0954. The purpose is to incorporate
CDBG-DR requirements into that contract so that electrical services can be used for the CDBG-DR Mitigation - salt and brine project.
M&C Approved by the Council? * Yes 0 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes 0 No O 56889 A5
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 0
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Date of execution of the contract Expiration Date
If different from the approval date.
12/26/2026
If applicable.
Is a 1295 Form required? * Yes 0 No ❑
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No O
Contracts need to be routed for CSO processing in the following order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.