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Home My WebLink About2000-063 (Note: Attachment needs to be copied separately) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No, 2000-63 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GEORGE BRYANT CONSTRUCTION, INC., FOR THE INSTALLATION OF AN ABOVE GROUND FUEL TANK AT FIRE STATION 233, 2121 NORTH MEDICAL CENTER DRIVE IN SAN BERNARDINO, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. GEORGE BRYANT CONSTRUCTION, INC, is the lowest responsible bidder for the Installation of an above ground fuel tank at Fire Station 233 per Plan No. FOO-41. A contract is awarded accordingly to said bidder in a total amount of $25,005.60, Such award shall be effective only upon being fully executed by both parties. All other bids, therefore, are hereby rejected. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is on file in the office of the City Clerk and incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party, SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution, IIIII IIIII I I I I I 2000-63 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GEORGE BRYANT CONSTRUCTION, INC., FOR THE INSTAllATION OF AN ABOVE GROUND FUEL TANK AT FIRE STATION 233, 2121 NORTH MEDICAL CENTER DRIVE IN SAN BERNARDINO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on day of the 20th March . 2000, by the following vote, to wit: Council Members: ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MILLER Ayes Nays Abstain Absen t X - X X X X X X - 0t<'~A."--t. ,{; tL(u"---/f . City Clerk The foregoing resolution is hereby approved this d7h;- day of March . 2000. Approved as to form and Legal content; James F. Penman, City Attorney ) BY: ' i C'Y!, ~'''"'' c_ u ,th Valles, Mayor ity of San Bernardino , . 2000-63 . CONTRACT THIS AGREEMENT, made this 16th day of February 2000, by and between the City of San Bernardino, herein called "Owner", acting herein through its Facilities Manager, and George Bryant Construction, Inc. STRIKE OUT INAPPLICABLE TERMS (a corporation) NK~ ()oo{~x:JOOoo{~JOO(x)x of Alta Lorna , County of and State of r~l;f"f"'lrn;;:a called the "Contractor". San Bernardino hereinafter WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as: ABOVE GROUND FUEL STORAGE TANK AT FIRE STATION #3 PER PROJECT NO. FOO-41 Hereinafter called the project, for the sum of Twenty-five thousan-five dollars & sixtv cents dollars ($ 25.005.60 ) and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in C-1 2000-63 accordance with the conditions and prices stated in the Proposal, the General Conditions, Supplemental General Conditions and Special Conditions of the Contract, the Plans which include all maps, plans, blueprints, and other drawings and documents therefore, as prepared by officials of the City of San Bernardino, herein entitled the Facilities Manager, and as enumerated in Article 2 of the Supplemental General Conditions, all of which are made a part thereof and collectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 working days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $100,00 for each consecutive calendar day in finishing the work in excess of the number of working days prescribed above, because pursuant to Civil Code Section 167l(d), it would be impracticable or extremely difficult to fix the amount of actual damages for a breach of this Agreement. C-2 . 2000-63 . AGREEMENT : STATION #3 ABOVE GROUND FUEL STORAGE TANK AT FIRE IN WITNESS WHEREOf, the parties of these presents have e~ecuted this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. City of San Bernardino (Owner) (SEAL) ATTEST: .. ",/ ~ BY: ~ue C~Jz~~ "Joe" V. C. Suarez, Jr. ~ Mayor" Pro Tem ~~9k~~ (SEl'.L) Georqe Bryant Construction, Inc. Witness :;/- V? 9/"7.37 Address and Zip Code BY: Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. Approved as to form and Legal content: JAMES f. PENMAN, City Attorney By: I~ C-3 2000-63 Meeting Date: 03/20/2000 It~m III ' Resolution 2000-63 PROJECT #: 99-0043 CITY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT IlOCtlMENTS PLANS AND SPECIAL PROVl:SIONS NO. FOO-41 FOR ABOVE GROUND FUEL STOllAGE TANK FOR FIRE STATION NO. 3 REPLACEmeNT PAtrB . . lcJ~hd ClJPY tJNL Y DIVISION OF FACILITIES MANAGEMENT City of San Bernardino JANUARY, 2000 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON FEBRUARY 17, 2000 , I 2000-63 ( CONTRACT THIS AGREEMENT, made this 16th day of February 2000, by and between the City of San Bernardino, herein called .Owner", acting herein through its Facilities Manager, and George Bryant Construction, Inc. STRIKE OUT INAPPLICABLE TERMS (a corporation) 6@{~ 0fKK~~~~x)x of Alta Lorna , County of and State of r"lif'nrni" called the .Contractor", San Bernardino hereinafter WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as: ABOVE GROUND FUEL STORAGE TANK AT FIRE STATION #3 PER PROJECT NO. FOO-4l Hereinafter called the project, for the sum of Twenty-five thousan-five dollars & sixtv cents dollars ($ 25,005.60 ) and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in C-l 2000-63 accordance with the conditions and prices stated in the Proposal, the General Conditions, Supplemental General Conditions and Special Conditions of the Contract, the Plans which include all maps, plans, blueprints, and other drawings and documents therefore, as prepared by officials of the City of San Bernardino, herein entitled the Facilities Manager, and as enumerated in Article 2 of the Supplemental General' Conditions, all of which are made a part thereof and collectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 2Q working days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $100.00 for each consecutive calendar day in finishing the work in excess of the number of working days prescribed above, because pursuant to Civil Code Section 1671(d), it would be impracticable or extremely difficult to fix the amount of actual damages for a breach of this Agreement. C-2 2000-63 ( C AGREEMENT: ABOVE GROUND FUEL STORAGE TANK AT FIRE STATION #3 IN WITNESS WHEREOf, the parties of these presents have e~ecuted this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. City of San Bernardino (Owner) (SEAL) ATTEST: ~~~ BY: .'1 tl' /'1f / "Joe'~/V. c. Suarez,. Jr. Kayoti ,Pro Teat ~ (SElI.L) Georqe Bryant Construction, Inc. BY: Secretary Witness s,/-, V1 qr~3? Address and Zip Code NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. Approved as to form and Legal content: JAMES F, PENMAN, City Attorney By: ,~ C-3 I 2000-63 r Page 1 or ~ C I T Y 0 F SAN B ERN A R 0 I H 0 T E C H N I C A L S PEe I F I CAT ION S #// ~OcJO -b3 BID SPECIFICATION NO._ ~~ojiltC~, 1~9. ..21.:-0043 2000 Gall~ Diesel Al:cve Ground Storace Tank With Dispensing Equiprent (Installed) . I I E M 0 E ~ C RIP T I 0 II NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Servi ces: Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth on left hand column. Equipment: Bidder shall complete right hand column indicating specifiC size and/or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forto in the left hand column. . FAILURE TO COMPlETE RIGHT HAND COLUMN WILL INVALIDATE BID. This bid request is for one (1) 2,000 gallon diesel ai:ove ground fuel storage tank. WJ.th diesel fuel dispensing pac.~ge. These storage tanks will be placed at the Eollcwina fire station at the listed address Fire Staticn No. 3 2121 Medical Center Drive T.1e storage tank. wHl meet NFPA 30 and 30A fire safety standar and will J::e fitted for grounding per NFPA 7S, 'I11e tan" must also =nply WJ.th the 1991 Uniform Fire Code Appendix U-F. 11'... style of tank will be rectangular in shape, will incluce fuel dispensing pac:k.age, exmcrete tank base with ear-..hquake rest-.-raints, and all electrical h=l<-ups. A minimum 20 year tank warranty is called for. 'l11e bid should be for a turn key =ation based on the deliver and installation of one. (1) tank (with accessories) at the above location . The fuel storage tank shall meet the following specifications and requiranents: Tank shall be made of steel, minimum 3/16" t::uckness, with a 30 mil. poly geo seccn:iary nenbrane. Tank shall have a U.L. listed internal overfill and a leak detector tube. 6" ==ete with a 2 hour fire rating. Tank will meet tJ.L. 142, N.F.P.A. 30 and <;.-70-116. Tank shall be in full canpliance with E.P.A. regulations regard1ng internal secondary containment and shall requ1re no external diking. "As Specified" "AS Specified" "As Specified" "As Specified" . (- i 2000-63 BID SPEC: Dr9j !ili' II~. 99-0043 r !AGE 2 OF , , ~- Fuel dispenSinq package shall include: A minimun .15GPH fuel puIIlp, fuel filter lInd adapter: wi vent riser and cap. Shall be equipped with a locJ<able fill cap, 6" emergency vent and 4 ft. gauge stick. Shal 'haV9 a gauge and diesel nozzle with aul:c:lllatic shut-off. 'nIe entire fue1 dispensing package 8hall be mounted on the tank. Tank base shall ccnsist of the followinq: A base a miniIllum of 10' wide x 13' 3" long and 8" thick with a 6" berm. Shall include (2) 1 1/2" drain coupling with caps. ' Earthquake restraints shall consist of: Restraints made of valvanized steel with bolts and anchors. All necessary electrical hook ups are to be included to the station along with necessary back-up to the El\= ':!"'lCY generator. "AS Specified" "As Specified" "As Specified" "As Specified" , . , 2000-63 r BID FOR UNIT PRICE CONTRACT PLACE SAN BERNARDINO DATE 02/16/00 PROJECT NO. F0041 Proposal of George R~yan. rnnR~rl1~~inn, Tn~ (hereinafter called "Bidder") * a corporation, organized and existing under the laws of the State of California , a partnership, or an individual doing business as C::Anrg,:a RrY;ilnf- ("!nnR~rnt!t-inn_ Inc ICorcoration) To the Facilities Manager of the City of San Bernardino, California (hereinafter called "Owner") . Gentlemen: The Bidder, _in compliance with your invitation for bids for the construction of: ABOVE GROUND FUEL STORAGE TANK FOR FIRE STATION #3 Having examined the Plans and Speci=ications with related documents and the site or the proposed wcrk, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby propose to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. P-I 2000-63 r Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within 90 Workinq Days, thereafter as stipulated in the Specifications. Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. Bidder acknowledges receipt of the following addendum: HeRS *Insert corporation, partnership or individual as applicable. p~ ~ 2000-63 c BASIC BID SCHEDULE , ABOVE GROUND FUEL STORAGE TANK FOR FIRE STATION #3 BASE BID: Provide all labor, materials and supervision to perform installation of one (1) each 2,000 gallon diesel above ground storage tank with dispensing equipment and earthquake restraints at Fire Station #3 as detailed in this Specification and Scope of work for the LUMP SUM of: $ 25.005.60 in words: $ Tw",nt"y_fiv", thnIlR..nd-five dollars & sixty cents TOTAL BID $ 25.005.60 NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work and the total of. all items inserted in the space provided. In case of a discrepancy between words and figures, the words shall prevail. It is the understanding of the undersigned that the work hereinafcer described shall be commenced within ~working days from the date of the "Notice to Proceed", and shall be completed within 90 working days from the date of said notice. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds, all within the specified time, the proceeds of the Bidder's Guarantee accompanying this proposal shall be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for and registration of Contractor, License No. 718466 Classification A. B. C-21. Haz. Asb. FIRM NAME: G..nrgA Rry..nt" C'nnRtrll<!tinn. Inc. BUSINESS ADDRESS: 9333 Golden st.. Alta Loma. CA 91737-2821 SIGNATURES OF BIDDERS: P-3 2000-63 l If an individual, so state. If a firm or co-partnership, state the firm name and give tne names of all individuals, co-partners composing the firm. If a corporation, state legal name of the corporation, also the names of the pr~sident, secretary, treasurer and manager thereof. <t~~:r~9 irr:a-t ('9"VtT.,"'~io'" _ IA'-' t:!9....-q..... ~ D-l.~,.".. D__801..;1_..... Ha~~Be~ite ~. BrY8Rt SeeretaJ!Y Telephone No. (909) 944- )517. Dated: i'ebrgary lti , 2000 BIDDERS ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 ADDENDUM NO. 2 ADDENDUM NO. 3 DATE: DATE: DATE: P-4 2000-63 r CaSE_e g~yaR~ CSRotrU81A!a, IRe. B:rDDERS FIRM N DESIGNA~ION OF SUB-CONTRACTORS In compliance with the provisions of Section 4100-4110 of California Public Contract Code of the State of California, and any amendments thereof, eac~ bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name & Address Under Which Subcontractor Licensed Agency of MBEjWBE Certification and Number (If Atltllicablel Sub-Contractor Phone No. Sub-Contract Amount Specific Description Niemever Const. 7601372-Q155 !C7c;n nn 'Rl~crTician p n Rny 1046 I....vua, CA 33S92 p.j 2000-63 r CERTIFICATION I am aware of, will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Worker's Compensation or to undertake self-insurance before commencing any of the work. Contractor: NAME OF FIRM:--'?eorge BY: George E. BJ::y< TITLE: President DATE: February 16. p. 6 2000-63 r (This affidavit shall be executed by aII bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid.) . NON-COLLUSION AFFIDAVIT To the Division of Public Works, Department of Development Services, City of San Bernardino State of California: The undersigned in submining a bid for performing the folIowing work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract 9333 Golden Street Alta Lorna, CA Business Address 91737-2821 Place of Residence Subscribed and sworn to before me this ~day of . ""nrl1"ry 3oJ'10eV"YI!Jr'd t nO Notary Public in and for the County of t1lJ11v r1 E JVIl f) k\ i Vl , n n-M tY Vr j b II L . state of California. My Commission expires on ~Y-I I 11 .~ h?nD I,. ;1000 Jl~ .. C IlW..J .'" '"~ NIIc-~ .. ..... .... ~&.... CoI.ny 'IV Ccnrn. &Ilho 1fJI 17. p- 7 CF7:CZ 01' C=wr,JN~ =r.tr":;l!!-. ~ _:i!1ttJN~ Drvr:.aPJ(r~ Jr.D:X c;u[ '~CC1UJ/ CON7~TOR'S CtRTIFlCAtIOM C~ICE~lI~~ LAS OR STANOARDS A~O PREVAILING WAGE RE~UI~~E~iS 2000-63 :'Q (;'P9roP::'.:. hl:~p:.en:) CITY OF SAN BERNARDINO 0A':"t Februarv 16. 2000 ?RCJI=: N"-::~~A r:: tiny) 99-0043 PIlCJ1:~ :u...~ Above Ground storage Tank. .r.LL~ OLClL.luu #~ wi~~ City of San Bernardino, Jim Sharer :/::l l. ~. und.=s~~.d, h&v~~q ex.~~~ed & c:n:=&c~ State of California . !:: t.he c:=ns~~c:t.:.on c! t.he &.:cve-icenti!ied ;::::;e:-: .c~~1.~9.S ~~.~: .(Al ':h. x..== Sunw~s provisions us 1nclw!.d in ~ll. &fo:eSAi~ c::ontta~: (~) ecrrecuon of any 1::f:&c~1cns cf ~h. .!ores..i~ c::ond1~icns, inclw!i:lo; 1n::&~icns ':1y MY of his s~con1::a~ors ..~ &llY 1_= 1:ier sll.b- ~nt.:&ct.=rs, is n~~ =!spcns.:~li:y: 2~ ~. ca~~~ies ~~&~: (a) Neit.her he no: L"lY !:.~, p&:t...~e:s:-..ii' c: usoc:i&ticn in vnich he h.u s~s:an:~&l j".""ta:.st. is c!esiqn.a:acl as an in.liCj~. c=n::ac:-...c= ~ ~~ eCllp~-cu.= Gln.:&l of ~~. Cn11:ad SU1:U pur_1: 1:C S.~1oft S.'(~l . o! ~~e l\e9lUadons o! Ul. S.c:sury of z.=r. 'an S (~, ~. Par: 5) or p=.~n~ 1:C S.C-.illll 3 (a) o! ~'Ie e&vis-B"=1l ~. as _::4ad (40 U.S.I:. ~7(..-2 (.)). (b) lie pc:-: c! <:..~. &~o::...e."uon.~ =tta~ hAs ~en or will be ~nC"ac~ad ~= ~ny s~=n:=ac:=: U suc~ s~=n~a.:-:=r Qr a.~y fie,. =:;:c=a~i=~,. ?&=~~e:sh1p cr &sscci~~icn L~ which such .u=c:n~a~=: has I .Ub.~~i~l in1:e::a~ is ~.si~~~.4 as an elec;ibla C=IlC"&C--:: ~-S~~ 1:C any of ~~. &!orlllMl1~cn.~ n9'~&:O~ 0: IU~~~l')' provisicns. 3. a. &o;::s.. 1:C e~~ill &::4 fllNa..-: := ~'la a!ormenuOIl.d rRip:i..:1: v1~ :811 uys &!~.= :...... .:"CU1:10n of any S~Il1:::.C1:. i:lcl=1no; ~~.. ....ClI~ad ~ hi. s~nC"ac--=ft &:Id &.'l.Y lov.:: ~ier .~I11:r&:~llr., . S~on1:r.c~r'. e.:--if1:&~oll C=ncsrninc; ~r S~":=. &:Id P:ev&UiI1O; w'c;. 118q>11:_nu ....cu~ad ~ ~'1. .~olluac~rl. .. Sa cer:~!~es ~h&~: (.1 ':'71. leo;al IlAIMl Mcl ~he 1:l\.l.I~n.ss &d4:a.. of Ule W\cle:aio;ncd .:e: Gporop Rrv~nr rnn~r Tn~ Q~11 (b 1 Tha gncl.:n e~ u: (11 A S~!lCtJ: PIlOPIUr."CP.SH.' ~t"'ll~.o.'I""I c::+- al+-~ Tnm~ r~ Q1717 ?R?1 (2) A 'AJml1:ll.SKU (3) A CClIOOJU.T1CN OIlCAlUz:cl IN ':lIE STAn QT California (4) 01'IlEll OIlQ'JlI%AUOll (~.=:~J P-8 2000-63 r '-7e J 0' J Ie) ~h. ~, t~~l. &n4 ACC:... at ~~. owner, P&:~~.:J c: o::~ca:s o! th. u~~.rsi~.d .re: ,... ':':~-% A:CUSS NJ..l<E George E. Bryant President 9333 Golden St., Alta Lorna, CA Marguerite S. Br ant Secret 9333 Golden st. Alta Lorna, C)\ Ie!) I I I ':l\e MM' and .d4=asu. of All o~"'e~ per.ona, l:IO~" . .Wl.unt1&l 1nunn 1n the W\de~s19ft..s, &:\C! ~"- (1~ ftC~. .0 .~:.): lW!Z u:u:al AN! =rpo~au. h&v~, ftA~u:. of ~"e 1nta~..~ azw AOC~ NA~ or I~US":' I I I I I Nnn~ Ie) ~. 11__. ac!4:.u.. aM ~-acle cla..1f1caUou of ~ o~ tlWold1:\9 ="':="I:"'.1on c:on ::.e~n i.., wtl1c:.'l ~'le lm<!a:.19fte.s bAa . sWln.L"I:.1al l."u:ast a:. ( r~ none. .0 s-:.a::.' : 11.\1'% AOC~ ~E ~..\SS:rla':":CN I I I I I I I "None Iy: Inc. ~1:: February 16, 2000 * * ~'" WARMIH; % Iy"'Z#,,~li ~,.. U.S. Crjmw Cod.. .s<<tin 1010. :OJ Ue 11, U.s.C.. ,nwj/J.. IIl\ooaver. . .. .. _.t.., 1M..... uttar. or publJ.lw. q 'U~t. ~jll1V the .... :0 .. fu" ...... .ball .. ~~4 no: 8O" CJlM 15.000 oz Japd.~ net _" tb&D bQ liNn. or bOth. p- 9 \ 2000-63 C~]:lTIFICATION OF BIOCER REGARCING ECUAL EMPLOYMENT OPPORTUNITY INSTRUcnONS This anlficlltioll ia /'IQ\lindlU"ollftt = blCl:tn.e Ora. 11241 CO F. R. 1~1~2SI. n. iIllpllllllfttirlg ",I. _ ,.,\a'tiofla Ilf'Il'IidI UIIt ury bicldll' or ... I;'" =-, or IftY af tneir DrO;cIId Slbcannc:ors. nil =at. u III iN\iaIll1n of 1M bid tit ftI9OliItions at tl'le =m~ __ it ha Dll'\icilllad in ~y Dte'lious COI'ItrJct tit .. _1rX! ..ojcl = Ill. IQI,lII o~nity ClaItI: ancs. If 10, lM\ClMr it ha filtcl all =lIlplial'la t'lIIlMl clue "'* ,"atlle iMnlc:iata. Wtww tl'lt .-dflClUltl incl"lCIt. tNt ~ bidd. Ila ftllt file I =mpliMcl ,1;Cl't due una. IllClliallla inltn.c::ions, ~ taco.. INIl tlI NQUinG = ..Mlit . =lftIllial'la ~" wiuIin - cale:W dr,s mer bid ClIlIftirlt. No =~ ...n be _ 0..4 u"'- alC!I t'IClllrt ia &ltlmin8ci. C!RTlFICATlc:.. 1'1' I'CCER I~~SN~: Georqe Bryant Construction, Inc. Aedr__ Z"!;I CcclI: 9333 Golden street . Alta Lorna, CA 91737-2821 1. Bidd. ha ~ ill I ;nwious ~ tit &ltlc:=tlnc: &lbjIc: = llII !::ueI ~ c:.-. Y. Q No 0 (If a.u." .. Y'" ....li/;r sa. _.11 receaI co.".c:.) Needles Airport, San Bernardino County 2. ~'"tlliara 'C\Xll"IS -- ._ire = lit filed irI_iaft willi &lClI _ tit UlCDntnC:. Y. Q No CJ (1{ .u..v .. 1". iCe"'/;r sa. _II rcCftl c_uau.) Needles Airport, San Bernardino County ~ Sieder I'lal filllllJl =",obftCI ~ dI.1I UI'IClIr IOtlliClble iNtrue:ioN. inc!wdI", SIl.I=- Y. Cl No CJ No.. "~inIl Ga 4. If __10 itarft :J iI '"No," 01... nalain in cMQiI an -.,... ctlllIis -vt"1CInion. CrtJr_iaft - n. il'rfClrftllUDn ~ ia ,.."._ =molN 10 llII lie of "" knrrM.._ ~itt. resident N_ _ TiIM.f ~ "- T.,.,u February 16, 2000 ~ p. 10 2000-63 ~ OF It!) ICl1CIl JCIKlV AU. ICIJI IY tUlE PUSEftS. CUI: .,.. 1:". wders ~p.d. GEORGE BRYANT CONSTRUCTION, INC. .. 'riIlCi,.d, IIlc! CONTRACTORS BONDING ANn INSITRaNr.F r.()MI1~~ .. a"rety, a~. Mr..,. all '..ral, 1I0ull ,",CO IJlvlslon OfFaCllty Management City of San Bernardino aa _ar 1D clM pell&l s_ of TEN PERCENT OF AMOUNT BID far the '.)'IIRt of vlI1c:h. v.n and tnl1 to lie ""., 1M banb1 JOlll1:1,. 1ft' ."'1'.111 iliaci ~r..l..., our helr., .xecutorl, ...ial.cr.CO~I. nc:c:eaa..n ull a..1p.. ,uplll, Ch"l 14TH .day II' FEBRUARY (CD 2000 . the cClIlIIlUn at ch. aHYe ollUIIUlIII U auet! cbac "'-nu. the bia....l baa ..~lcull co Division ofFacili Mana ement Ci of San Bernardino . ..nl1ft 1111, IUadHIll IMInC. &1lII ure"" ""'t I pan \lere. to eacar 'au I clIIIcract ia vrhlaa, fo. CM INSTALL (I) ONE 2000 GALLON ABOVE. GROUND DIESEL TANK "aw. tUJErOI!. .. I. If uU Ii. '''''11 ,. "eJect.., 01 ill eM .lClnata, II. U. ..... '1.4 .hall .. .Il..pt.' ... ell. '.tac"..1 ,ball 1UCU1:. .... ...U..... . _crue t.a eM :rora .f .--CUCt IcelCll.lI heNeo (1I~.l' ....l.t.. "ta lellDnlaca Witb .d. IU) ... ....u lanai_ . ..... '.1' 111& falcllh1 ,..f._ee of .aid allllu.ct, .. lbal1 ill ell oeller ...,.e.. pa-fHII De _ IJr._1: en.Cd It, u. ....,c.at;a ..f Ni' IU, Ill." chi. ohUllti. ,ball be lrIlIU; OCMnlaa. the ... llIa11 _ila ... font nd Iffnl: I t.t M1111 -.reul, adUlt" .... QIH' eN, De U.ltUlc1 of tloa ....ty for _,. .... _11 cla_ lIeNllllller IUU. ila .. ......t, ...... tltl ,..d .....e of cllb o1aU.ac.... aa _nUl &l.tatl. Th. IUhC,. r. ".1_ ......-.d. ......,. atllN'--'CU ... alT"". Nt ~ oltU..u... of ',.u .."C, ... lta 1aoai a"IU ... "" 110 VI)' f.II1talnll . .ff"eca' ~,. Ill' a.c...lea of elle t~ vitllia vhlcll tile Owl.. .., .OOO,C ,uoll lid; ... ..111 snn) Ii... "'1l'I~ val... SOli.. .f Ill" ncll ".t"".1.. 2000-63 ( DI ~ ~. cJoe P~Il""'J, aIMI CM I"Jrec~ "'''_M_Co HCC...1r ....... ... aula. ... .ucla Dr CII_ .. al'l cnpor.u... ...... cau-.. C"aU c.r....C. ...1. c. be hareCD .lfi... &ad t.... .r...nc. co ~a .ilft.. ~7 ell.1.. ,\'oper olUc.n. cll. .., cd ,.ar !1!:.IC MIlU....d. GEORGE BRYANT CONSTRUCTION, INC. 'riuS.,.l (L...l ~-c'dZf' e E- - D?(<-!AN T f1.esr../..J- .,. 8AL CONTRACTORS BONDING AND i1'lSURANCE C BY: GEORGE J. . 2000-63 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On FEBRUARY 14,2000 DATE before me, VERONICA L. PRATI, NOTARY PUBLIC NAME, TTTlE OF OFFICER. E.G., "JANE DOE. NOTARY PUBlIC" personally appeared GEORGE J. BURCHFIEL NAME(S) OF S1GNEA(S) o personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~~~,~~",:-,~>.....-~">o:;:~~~==,-~~, f ~~ ._. ,\ /~'" ';:--,"'\; i,,). _ ~'1'.TT ::,~:~;.__~,;,~'>,.. --,'_~.:'!:: 1'1 ~_",::,:~"",J . '; :. ; :~ ;:':~;~t.;. ":1 ~C~,:I; .~<.,c. ~h FCFN!A _ -: \. ",_~;'~,:,,_.:'.j -:;, t_1S,SE ::CU.'iTY -- ~ '~:.":1:~ Myr"~:",,,: E.~~iieS'~Ug,28.,2002 ~.~ ~"-'.~,~~s....~_"5::"'''!:~:!I:~~~~,...~......,,.,~~ . SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, ~ may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT T1TlE(S} TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL IZI ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTlNG: ...... OF PERSON(SIOR ENT1TYQE$) SIGNER(S) OTHER THAN NAMED ABOVE S 9690 (4/94) 2000-63 ellic LIMITED POWER OF ATTORNEY iNSURANCE Not Valid for Bonds Executed On or After: NOVEMBER 30TH, 2001 Power of Attorney NUll1ber: 596250 A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. - ~_.,.. C'_' _.;', '_ ".' .. .. ._, .." :::, :_,' ,', ""'"..._.,.. .. ".. ..' ..', _,' ',./'>':' KNOW;ALL .. BY THESII: PRESENTS, that the CClIIIpany 40.. hereby mU:e,: ,<::"!"sUJ;1.lte and appoint tlle following: GBORGB J. BURCHI!':IBL, 1lAT'l'HBW C. WBL'fi, ~.a'c. , BURCllI':IBL: and.WRONI:CA I.. PRAH its true end la.,.ful Attorney(s) -in";l!'ictt~th full ~er and authority he>:eby conferrad :I.n its _. place an4 steid..:."t'o _ecute. acknowledge and deliver on behalf of the CClIIIpany: (1) any IUld 'atl.. ' honds and undertakings of suretyship given for any pu%pOS8, provided,. however, that no such person shall be authorized to _ecute and deliver any bond or undertaking that shall obligate the CClIIIpany for any portion of the penals_ thereof in _ce88 of $6,OQO.000, anc:l,.provi4ed.fuxtl':er. that no Attorney-in- Pact shall have the authO~:lty,to :ls"",e.a-bid,o~ p:i:+sat. bond for any project where. if a contract. is aprde4,.~fbon~OJ:;Undil~tllli:P.sr.wou.l4 berequi:r:0t4-..ith penal sum in exce.. of $6;OOO~000).~and'(f) .'~.nbt "_:te..es and other...Wlar documents required by an obligee und~ a ;contrl'c:1:bc=ded by the CClIIIpany.' This appointment is made under. the authority of to Board of. Directors of the CClIIIpany.--------------------____________________________________________________ -------------------------------------------------------------------------------- , -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Bond Number BID Signed and sealed this 14TH FEBRUARY 2000 Kevin L. Lybeck, Secretary CBrc · 1213 Valley Street. P. Box 9271. Seattle, WA 98109-0271 (206) 622-7053 . (800) 765-CBlC (National) . (206) 382-9623 FAX 2000-63 r CONFLICT OF INTEREST Interest of Members, Officers, ~r Employees of the City of San Bernardino, Members of Local Governing Body, and other Public Officials. No member, officer, or employee of the City of San Bernardino, of its designees or agents, no member of the governing body of the City of San Bernardino, and no other public official of such locality who exercise any functions or responsibilities with respect to the ABOVE GROUND FUEL STORAGE TANK during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or any subcontracts, or the proceeds thereof, for work to be performed in connection with construction of said improvements of: FIRE STATION NO. 3 CI.I Meeting Date: 03/20/2000 Item #11 Resolution 2000-63 PROJECT #: 99-0043 CITY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. FOO-41 FOR ABOVE GROUND FUEL STORAGE TANK FOR FIRE STATION NO. 3 DIVISION OF FACILITIES MANAGEMENT City of San Bernardino JANUARY, 2000 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON FEBRUARY 17, 2000 INDEX BID DOCUMENTS ADVERTISEMENT FOR BIDS INFORMATION FOR BIDDERS BID FOR UNIT PRICE CONTRACT CONFLICT OF INTEREST CLAUSE CONTRACT CONSTRUCTION CONTRACT PROVISIONS DOCUMENT LIST SPECIAL PROVISIONS SECTION 1 - SPECIFICATIONS AND PLANS SECTION 2 - ~ROPOSAL REQUIREMENTS & CONDITIONS SECTION 3 THROUGH SECTION 5 - BLANK SECTION 6 - GENERAL SECTION 7 - BLANK SECTION 8 - DESCRIPTION OF WORK SECTION 9 THROUGH SECTION 55 - BLANK TECHNICAL SPECIFICATIONS SECTION 1 - FUEL TANK & INSTALLATION MISCELLANEOUS DRAWINGS HOD CONSTRUCTION CONTRACT PROVISIONS I. DOCUMENTS II. LABOR STANDARDS & PROVISIONS (DAVIS-BACON ACT) III. EQUAL EMPLOYMENT REGULATIONS IV. BONDING & INSURANCE REQUIREMENTS V. SUPPLEMENTAL GENERAL CONDITIONS VI. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT - STANDARDS OF CONDUCT AB-l TO AB-2 IB-l TO IB-5 P-l TO P-12 CI-l C-l TO C-3 CP-l TO CP-3 DL-l TO DL-2 SP-1 SP-2 TO SP-5 SP-6 SP-7 TO SP-9 SP-10 SP-ll SP-12 1 - 26 INFORMATION FOR BIDDERS 1. Receipt and Openinq of Bids The City of San Bernardino, California (herein called the "Owner", invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the Office of the Purchasing Manager until 2:00 p.m. February 17, 2000, and then publicly opened and read aloud, in the Purchasing Manager's Conference Room, 4th Floor, City Hall. The envelopes containing the bids must be sealed, addressed to the Purchasing Manager, City Hall, 300 North D Street, San Bernardino, California, 92418 and designated as Bid for the Above Ground Fuel Storage Tank for Fire Station #3. The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bids may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after the actual date of opening thereof. 2. Preparation of Bid Each bid must be submitted on the prescribed form and accompanied by the required documents as listed on Page DL- 1. All blank spaces for bid prices must be filled in, in ink or typewritten, both in words and figures, and the foregoing Certification must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 3. Subcontracts The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contractor: a. Must be acceptable to the Owner, and IB-I b. Must submit CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY. Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcontractor has submitted the Certification and/or other evidence showing that it has fully complied with any reporting requirement to which it is or was subject. Although the bidder is not required to attach such Certification by proposed subcontractors to his bid, the bidder is advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. 4. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time, and provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price, but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modifications. 5. Qualifications of Bidder The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose, as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. IB-2 6. Bid Security Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 10% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within 60 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 7. Liquidated Damages for Failure to Enter Into Contract The successful bidder, upon his failure or refusal to execute and deliver the Contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. 8. Time of Completion and Liquidated Damages Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 working days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $100.00 for each consecutive calendar thereafter as hereinafter provided in the General Condition. 9. Conditions of Work Each bidder must inform himself fully of the conditions relative to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder to his obligation to furnish all material and labor necessary to carr~ out the provisions of this contract. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor. IB.3 10. Addenda and 'Interpretation No other interpretation of the meaning of the Plans, Specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to James W. Sharer, Director of Facilities Management, City Hall, 300 North D Street, San Bernardino, California, 92418; and to be given consideration, must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes) not later than three days prior to the date fixed for the opening of t_ds. Failure to any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so addressed shall become part of the contract documents. 11. Security for Faithful Performance Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with the contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. 12. Power of Attorney Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 13. Notice of Special Conditions Attention is particularly called to those parts of the Contract Documents and Specifications whlch deal with the following: a) Inspection and testing of materials b) Insurance requirements c) Wage rates d) Stated allowances IB.4 14. Laws and Requlations The bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 15. Method of Award - Lowest Qualified Bidder If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the contract on the base bid combined with such additive alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. 16. Obligation of Bidder At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Plans and Contract Documents (including all addendums). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. 17. Bidding and Neqotiation Requirements Attention of bidder is directed to the requirements of the u.s. Housing and Urban Development agency regarding bidding and negotiation requirements. Prior to the signing of the contract, a preliminary statement of work force needs, (skilled, semi-skilled, unskilled labor and trainees by category) shall be provided where known, where not known, such information shall be supplied prior to the signing of any contract between Contractors and their subcontractors. 18. Contractor Documents to be Submitted With Bid See Page DL-1 IB-5 . . BID FOR UNIT PRICE CONTRACT PLACE SAN BERNARDINO DATE 02/16/00 PROJECT NO. FO 0 41 Proposal of Geor'Je Rry::anf- f"'nnQ:...rn,.....innr TnC'! (hereinafter called "Bidder") * a corporation, organized and existing under the laws of the State of California , a partnership, or an individual doing business as t:t='nrgp. RrYAn" C'!nnRt-rnC!tinn. TnC'!_ ICorcoration) To the Facilities Manager of the City of San Bernardino, California (hereinafter called "Owner") . Gentlemen: The Bidder, .in compliance with your invitation for bids for the construction of: ABOVE GROUND FUEL STORAGE TANK FOR FIRE STATION #3 Having examined the Plans and Speci=~cations with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby propose to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. poi . . Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within 90 Working Days, thereafter as stipulated in the Specifications. Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. Bidder acknowledges receipt of the following addendum: N9R& *Insert corporation, partnership or individual as applicable. ~2 ,- . . BASIC BID SCHEDULE ABOVE GROUND FUEL STORAGE TANK FOR FIRE STATION #3 BASE BID: Provide all labor, materials and supervision to perform installation of one (1) each 2,000 gallon diesel above ground storage tank with dispensing equipment and earthquake restraints at Fire Station #3 as detailed in this Specification and Scope of work for the LUMP SUM of: ~ ~ 25.005.tiO in words: $ TWFlnty-fi VFl thnns..nd-five dollars & sixty cents TOTAL BID $ 25.005.60 NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work and the total of all items inserted in the space provided. In case of a discrepancy between words and figures, the words shall prevail. It is the understanding of the undersigned that the work hereinafcer described shall be commenced within ~working days from the date of the "Notice to Proceed", and shall be completed within 90 working days from the date of said notice. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds, all within the specified time, the proceeds of the Bidder's Guarantee accompanying this proposal shall be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for and registration of Contractor, License No. 718466 Classification A. B. C-21. Haz, Asb. FIRM NAME: G..nrg.. Rrv..nt C'nnRtruction. Inc. BUSINESS ADDRESS: 9333 Golden St.. Alta Lorna, CA 91737-2821 SIGNATURES OF BIDDERS: P-3 . . If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individuals, co-partners composing the firm. If a corporation, state legal name of the corporation, also the names of the pr~sident, secretary, treasurer and manager thereof. GQor']Q Ilrr:J.A~ I"'Q"'i'tr.,Qt''; 0.... _ 1-~ r.!~QT'q9 ~ Dpy,,~t P-~~';~~l3t l1ar"llsrite ~. Br-,8Rt f>esFetaJ!'Y Telephone No. (909) 944- )517. Dated: F~bruary 1li , 2000 BIDDERS ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 ADDENDUM NO. 2 ADDENDUM NO. 3 P-4 DATE: DATE: DATE: . . Ceer~e RrI3Rt CgRotr80~B. Iae. B DDERS FIRM N DESIGNA~ION OF SUB-CONTRACTORS In compliance with the provisions of section 4100-4110 of California Public Contract Code of the State of California, and any amendments thereof, each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name & Address Under Which Subcontractor Licensed Agency of MBEjWBE certification and NUIllber (If Applicable) Sub-Contractor Phone No. Sub-Contract Amount Specific Description Niemever Const. 7601J72-Q1'i'i !l:7'iO 00 Rlpctrician P 0 Rny 1046 'fLvua, CA 33392 P.3 . . CERTIFICATION I am aware of, will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Worker's Compensation or to undertake self-insurance before commencing any of the work. Contractor: TITLE: President , Inc. NAME OF FIRM:~eorge BY: George E. Bry DATE: February 1 6, p. 6 . . (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid.) NON-COLLUSION AFFIDAVIT To the Division of Public Works, Department of Development Services, City of San Bernardino State of California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. 9333 Golden street Alta Lorna, CA Business Address 91737-2821 Place of Residence Subscribed and sworn to before me this ..J...6..thday of F'phrll"ry :;>nnn x~ 2)Q,n 0exnOrdtnO Notary Public in and for the County of f-ru.clVr'l E JY!i Yl 1<'.\ i V1 ,noti1VlI ~j b II~, . state of California. I My Commission expires on A-yYI \ 11 .~ /J()D I. ~ORA. C fIWIIIN . '0 .1lMIII NIIe-CaL,.. bllIlImQ.dIo Of eo.ny My Convn. ElcI*8I Apt 17. p- 7 . crr::cz aT C:IfJ'{'';N~ Dr"r~_ ~ :x1ffJN:::-Y Dz:vru>>/(r~ niX:!: ~"CC,U.II CONTlUCTOR'S CERTIFICJ.tIO!l CO:lCEiUn~:; LABOl< STANOAROS Ao;O PREVAILING WAGE RC::)UIRE~ESTS :'0 I;';prr;p::..:. 1l.=~p.i.er.:) CITY OF SAN BERNARDINO '""':'t February 16. 2000 p Jt:,J!.::' S-~:~~i\ (:: .ny) 99 0043 p RCJl:C': :u.w..;: Above Ground storage Tank, rl.Le uLC1Lluu #] Jim Sharer :/Q 1 - d . d. h -" ex.c~-:ed ~ c=n:=ac~ v:.~~ City of San Bernardino, . .ne un .:s.:.;ne, .v:....,. State of California . !:: the c::ns::uc:.:.cn c! the C:cye-ic.n~:.!iec! p:oo;e::--: ac~ladqes ~ha:: .(a) ~ha ~r S:ar.~d.s prr;visiens are includad in ~h. aferesaid ccn:ra~: (~) ecrr,c:ien ef any inf:ac~icns cf :h. afcresaid ==ndi~icns. incl~in; infra~icns ~ u.y cf his s\lJ:lccn:rac:cn &ll4 any lover ~ier .\lJ:I- ccn~=.c~=rs, is h~~ =tspcns.:.:~l1ty: 2. ~. ca~.:.~~es ~ha~: ea) Nai:har he ner u.y fi::, par~~ership cr &Ssoci.~ion in vhich h. has s\lJ:ls:an:iAl in~eres: is d.siqn&~ad as an in.li;~l. ccn:rac:cr by :.~ e==;>:rclle: General cf ~h. llni:ad suus plU'S1O&Il~ :c S.~ien ~.6 e~) . of :'~e ~.~ione cf ~a S.cra~ of ~r, Pa.-: 5 (2' ~. Par: $) or plU'slan~ :c Sec:ien 3(a) of the C&vis-lIa=n Ae:, &S aaende4 (40 U.S.C. 276.-2 ra)). (b) No pc: cf t."e afermen:ion.d c::n:ra~ ha. ~en or rill =- sW:c=n::ac:K ~o any s~cn~rac:er j,! s~ch s~cno;::a~cr cr any firs. =r;:cra~ic~,. pa::r.ership cr assccia:icn in vhich s~ch .~n:rac:cr has a s\lJ:ls~~ial in~erar. is duiqr.a:ed a. all el.;~le =n:raCUlr p=~: :c any cf t.~. afcr_nt.icned n9\lla:=q cr 'U~lI~q !lrcvisions. 3. E. ag:e.. :c c~:a~ll and feNL.""1! :c t.'le afcl'eaenticn.d 1'.c~pi.ll~ vit.'li:I :en d.ay. '::1: t..... .",.=~~icn of MY s~Il:=aC1:. 1:Ic1=1n; t.~.. ....=:14 by lU.a .~nuacun &:ld &.~y low.r :ier s~=n~l'ac:ors, . S~on~l'ac:cr's e.r--ifi~:icn eClncarninq ~r S~d.a=ds &:ld trevailinq w~;. ~~ir...nu ."'.cu~ad by t.... 'UD=cn:rac~r.. 4. Sa car:~:ias ~ha~: (a) ~h. legal :woe &:Ill. ~lle ~us~n... ad4=... of the undersi.;nccl an: Gp-orop- Rrv~nr rnn~r Tn~ q~~~ ~nlncn (b) The undun .el i.: (1) A S~NC%.t nOPlUt1ORSHIP ~r nlr~ Tnm~ rn Q17<7 ?A?1 (2) A PAlmltIlSIlU (3) A C:OUOAAnOll OItCANI:z:Etl IN 'nit S~ATt OT California (4) 0TIlD. ORG."JlI%AUOll (DucracJ P-8 . . '.oje ;; ,U ;; lel ~he ~, t.tl. and .d4ra.a of ~~. owner, P&:t~.:1 c: c!:~c.:J o! the un~.rSl~.~ are: N~ ":':':""'...% .\:lOUSS George E. Bryant President 9333 Golden St., Alta Lorna, CA Marguerite S. Bryant Secretaru 9333 Golden st.. Alta Lorna, CA (ell I I ':lie n&all and a~"'" of &J.l o~'ler p.r.olU. ~~'l llA:llZal ANI =rpcra:.. MVU9 a .w..un:1al 1n:.r..: 1JI th. llZId.rs1qned. &ZId ~'Ia IlAtllZ' of to'l. 1nt.nn &n IT! no".. Ie I~:'): lWtt AIlClU:SS N.\-:-"'~ or :>r:'%'-!:.S':' lel I I I I I Th. "..... a~.ss.. and t--&4e ela..1f1eat10". of all o~ ~141n9 ==nst~ct1cn ==nt:act::lrs 1JI v11i.:.'l to'le .....!.r1l1qn.d haa a llw.ata:l~al inur..t ar. ( I! /lOll" 10 .s:,,:.J: Nnnp "lW'J: AIlClU:SS ~t I:"-US::TICJ.':':OII 'None Geor e Inc. ~TZ: February 16. 2000 By. "* "* !b ., WARMING ~ JyA.Z#"~'OY if ~I'l-~~ U.S. crJ.ajna1 C:od., Section 1D1D. :'JtJ. :1.. O.$.C:.. provJ.d.. ~v.r...... _.t... pe..... un.r. or publJ..Iw. en., .u=-nt. ~J.ntI the _ co N ial.. ...... .hall be r.s.r.d not 80ft tMll I5.DDD o~ JIqId..-d /lOt 80ft Chall CWiC liNn. or )eCh. p- 9 . . Cl:~TIFJCATION OF BIDDER REGARDING EOUAL EMPl.OYMENT OPPORTUNITY INST"UC"l'IONS This anlfic:ation is reqvirld ~t to bll:l.ltiw Ore. 11244 130 II. R. t=1~2SI. n. ilftpl_ting 1\11. II'ld r.,.,&.tiofls ~ tNt urr bicldlr or ()j:- In.. c:DfttrXUl/', or "" of tIlIir DtOCCIICl Slbc:Ill1I'I=ot1, 1III1Isratl U '" initill DIl"l of VIe bid or ftl9Ctiations of till Cllnt~ __ it hIS ,*,ic:iCltlld in ~, previous CllIItract or .. _tnellUbjc! to lI'll IG\oIII OOllllnllMv dayte; lnG, If 10, ~ it lias filed all Cllll'lllliara re=ra dIM "'* aDllliQDIt iNlNctionL Wt.-. till Cll'tif",c::uioll incl"lc:Il. tiIIt tllIllidd. hIS IlClt file a l:Dlft1l1ianc:a ,~ dr.M ulldlr aClClIic::able ftIUIlctiona. Sldlltiadtr NlIIll _irtd to Iolllftlit a =lftll4iara re=" within - calnW dIyJ mer bid 0PIIIinI. No 1Ilntrac::: ...1 be _ 0..:1 u.u.a IUCII ~ is SltminIlt. CiJlTlFICA TlCfll IV IICCElII Ic:~sN~: George Bryant Construction, Inc. Add'1IS1nG rill C;cle: 9333 Golden street Alta Lorna, CA 91737-2821 1. liddrllls ~ in Il"Wious _ or SlbCDllna Slbjec: to till EQuII ~ c:... Y. Q No CJ (/f a.u.u.. y.~, ....tify ill. _.".U., .o-'cI.) Needles Airport, San Bernardino County 2. C4moliara,~ __ 'lllUiIw:I to III filed in ~icft wilI'l &Idl _ or UlalllnC:. Y. Q No CJ (/f au...' .. y." iJe."fy ill. _II ICcnu UIIUUI.) Needles Airport, San Bernardino County 1 Sied.. till iii III all ="'oll.allC:l ~ Ow undIr ~CItIlI ~ indwdlng Sj:.1cc. Y. CJ No CJ NoN Rco.irIIl Ga 4. If a_ to it1ft13 iI '"No," Ill... Illpilin in detail OIl I'lWS"Slside GI this ~otion. c.ur_ir:ltI- Tlw intormnioll.co.. 11_ and 1Il/llOll1l to tIII_ of",., knDwi.. and bel.,. resident N__ TiUtI., ~ 1"- T~ February 16, 2000 0.. p. 10 . . ~ O~ Itb 101Ill IJIllW ALL KEJI IY t1IESE PlltSJ:IITS, Cllat: W, tll. \lftll.r.~p'" GEORGE BRYANT CONSTRUCTION, INC. .. 'ri.c1pd, nd CONTRACTORS BONDING ANI) INSTlR~NrF r()MR~~V ". Sllrety. ue. H"'.' all Unl, .1I111l11 lIaco IVlSlOn ofFacl Ity Management City of San Bernardmo aa OvtIU I.Il tM pel\&l ._ of TEN PERCENT OF AMOUNT BID far the pa)'M1lt of vlI1c:h, vetl and enl, to be ..'e, VII Itara", ,)01llt1,. anll leverally ~11l1l our..lve., our halra. ...cutora, a..iIl1Itraeora. aDcc:.saon a" ..dpa. .uPld, tllb 14TH .uy d FEBRUARY (CD 2.222-, The coadl.tlDn of ell. .~ o~ll.,atl.OIl 1a .ueh tblc wherla. the 'rlacl.,.1 baa ..bl.l:tell to Division of Facili Mana ement Ci of San Bernardino a &&na1ft 11d. aU.U'" Ilene. aM "en'" ..dt a pare IIcreo to aileeI' lata a ClIIItrac.t :La 111'1.&1111, fo. tM INSTALL (I) ONE 2000 GALLON ABOVE. GROUND DIESEL TANK '" ..ow. ~lIrol!. a. U..U lid .hall \II 'I',,),,e.., In 111 tilt alc.l'lIIItA. ~. l'.'.ld ll.d .hall lie .o,.,tell ea. tlte Pr1aol,.1 aball ...cuee ... ".U...r . _Crut I.. the 70m of ..trece al;Uc:ll.d _..eo (11...,..1, clIIlpl.t" ill Ullanaac:. tr:Lth Id' IU) ... ....11 fana1d 0 _I rOr Ill. Idellfv1 ".'o_..oe of ..ld l!.OIler,et, _ .ba11 1. dl oeber "'PH_ "'I"Ot'll De _ .,r.....e Crutad It, tlse aHc,UIllie ..f H..d IW. tlla. thb abU,eUn aball ... ...W; oeMnrs.u. e... ... ,hall _ill hi force nil d'nt I it MI.'" &.,.....1,. ""'al'noOll .... qrMJI tN, ,It. U.It'lU, of elt. lo..e,. 'Dr a,. &ad .11 cu. IMtftlllldu aball. i.1IO .....t. ...... the ~.e1 .....t of cllb oll11..t.lOll .. .....Ul net". The aIlTtlC'1. IlK' ..1_ ft..l...... ..~ .u""t.u, ... _cr... eMf. 'tile oltU..tUIIII a' ,..id ....t, UIAI U.a "'" ahdl ... 10 eo vA)' t:.pa1nd or afbecad II,. .., a.cud.. of tlla elM ..U1I111 wh.lall the Ower _,. &coe,c auell Ild; .... ..111 Sune,. 'H. "'ra.., ....1". ..in of &II,. well a.Cltll..lOll. 1-// . . Dl trn'IlESJ llIIBUoP. ;he Pe-lIIc,...l aIMI eM IuJru, ....._..._1:. ..t their ~d8 aIMI 8..1a. and aueh of eb.. .. ar. corpor.cl... b... cauaa. Cba~r corporac. ...!. Co be herece .tfl... and cb... ,r...nc. co be .lln.d ~1 their p~o,.r officlr.. Ch. d4, and ,.ar !l~'t ..nelon.d. GEORGE BRYANT CONSTRUCTION, INC. Priali...l (1..1. ) &;;'t"crzr/c ~. 3lC'7ANl f1er../...Jl f ~~'~ 17. 8AL BY: GEORGE J. . /. /2. . . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On FEBRUARY 14,2000 DATE before me, VERONICA L. PRATT, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC. personally appeared GEORGE J. BURCHFIEL NAME(S) OF SIGNER(S) D personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. YG SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, ~ may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S} D PARTNER(S) o LIMITED D GENERAL 181 ATTORNEY-iN-FACT D TRUSTEE(S) D GUARDIANlCONSERVA TOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE S 9690 (4/94) C/Jic LIMITED POWER OF ATTORNEY INSURANCE Not Valid for Bonds Executed On or After: NOVEMBER 30TH. 2001 Power of Attorney Number: 596250 A valid original of this document must be printed on security paper with blackl blue} and red ink} and must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOlD" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. KNQWAp ~ ~y TllESB PIIJl:SEN'l'S. that the Com,pany does hereby make. ;cQl1stitute and "ppoint'the following: GEORGI!: J.BtrRCH!'IBL, 1IA'l"1'BBW C. 'llBLTY, ~I BtrRClIFIBL andiVERONlCA L. PRA'1"l' ,it. tne alld lawful lI.ttorneyls)-in-l'"ct, ;with full p<>wer al1<' authority hereby cOlI,f.rred in its n_e, place and st....I1" to execute, . a"kll.dwledge and deliver on behalf of the Company: (1) any and ,,11 bonds and undertakings of suretyship give" for all,y purpose, provided, .hOwever, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the company for any portion of the penal sum thereof in excess of $6,000,000, and provided, further, that no lI.ttorney-in- Pact shall have the authority to issue .. bid or proposal bond for any project where. if a contract is awarded, any bo~d;drUl1dertaking would be required with penal sum in excess of $6,000,000" and .{2-)'consenta, release. and other similar documents required by an obligee lInd..., .. 'contrllctbonded by the Company. This appointment is made under the authority of the Board of Directors of the Company.------------------------------------------------------------------------ -------------------------------------------------------------------------------- " -------------------------------------------------------------------------------- --------------------------------------------------.----------------------------- ---------------------------------------~---.------------------------------------ -----------------------------------.------------------------------_.------------ -------------------------------------------------------------------------------- CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a , Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Bond Number BID Signed and sealed this 14TH FEBRUARY 2000 Kevin L. Lybeck, Secretary CBIC · 1213 Valley Street. P. Box 9271. Seattle, WA 98109-027i (206) 622-7053 . (800) 76S-CBlC (National) . (206) 382-9623 fAX . . CONFLICT OF INTEREST Interest of Members, Officers, or Employees of the City of San Bernardino, Members of Local Governing Body, and other Public Officials. No member, officer, or employee of the City of San Bernardino, of its designees or agents, no member of the governing body of the City of San Bernardino, and no other public official of such locality who exercise any functions or responsibilities with respect to the ABOVE GROUND FUEL STORAGE TANK during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or any subcontracts, or the proceeds thereof, for work to be performed in connection with construction of said improvements of: FIRE STATION NO. 3 CI.I I CITY OF SAN BERNARDINO CONSTRUCTION CONTRACT PROVISIONS FOR FEDERALLY FUNDED PROJECTS The following Standards, Instructions and Certifications are provided to ensure compliance with Federal and State contracting requirements for Federal Community Development Block Grant funded construction projects. Documents requiring completion, signature and submittal are indicated below and gll are contained in Section 1, "Documents". (1) Documents (2) Labor Standards and provisions -- This section contains Federal and State labor regulations regarding construction contracts. * Federal Labor Standard provisions - HUD - 4010 -- The prime contractor and all subcontractors are required to abide by the Federal Labor Standards. The prime contractor is responsible for including these provisions in all subcontracts. (Authority cited in text of Provisions). * Title 29 - Labor (Part 3 and Part 5) -- Includes: Copeland "Anti-Kickback" Act and Davis-Bacon Provisions. * Article 40 USC - Section 327 -- Contract Work Hours and Safety Standards Act -- Established standards for hours of work and overtime pay. * Excerpts from the California Labor Code Relating to Apprentices on Public Works -- The use of apprentices under State regulations, is described in this document. * Prevailing State and Federal Wage Decisions -- The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage for the work classification, specified in both the Federal and State wage decision. (Authority - Title 29 - labor part 5) CP-l * Documents requiring signature under this section include: (a) Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements. (Authority - Title 29-Labor Part 3 and Part 5) (b) Subcontractor's certification Concerning Labor Standards and Prevailing Wage Requirements. (Authority - Title 29 - Labor Part 3 and Part 5) (3) Eaual EmploYment Reaulations - This section contains Federal Equal opportunity requirements regarding construction and non-construction contracts. * Affirmative Action Compliance Guidelines for Construction and Non-Construction Contractors -- Prior to being awarded the contract. the selected contractor an subcontractor(s) who meet the guideline criteria for filing, must complete and submit the Affirmative Action Plan. This provision generally applies to contracts and subcontracts in excess of $10,000. (Authority- Executive Order 11246 as amended by Executive Order 11375 and Executive Order 11246 as amended by Executive Order 11375 and Title 41 Public Contracts and Property Management, Part 60). The following applies to all contracts and subcontracts with a value in excess of $10,000.00 unless otherwise noted. * Equal Opportunity Requirements -- Includes a summary of Equal Opportunity requirements all contractors and subcontractors are subject to comply with regardless of contract value. (Authorities cited in text) . * Equal Employment Opportunity -- Executive Order 11246 as amended by Executive Order 11375. * Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era. * Affirmative Action for Handicapped Workers. CP-2 * Documents requiring signature under this section include: a) Certification of Bidder Regarding Equal Employment Opportunity. b) Certification By Proposed Subcontractor Regarding Equal Employment Opportunity. c) "section 3" Clause with Certification. d) Affirmative Action Policy for Contractors and Vendors. e) Contract Compliance Qualifying Report Construction Contractor and Vendors. for (4) Bondina and Insurance Reauirements contained in "(i) Documents", and bonding requirements for construction This section is contains the m1n1mum service contracts. a) Form of Bid Bond -- This is an example of the bid guarantee required from each bidder. The bid bond must be at least ten percent of the bid price and submitted with the bid. b) Form of Performance Bond -- This is an example of the performance bond required from the prime contractor. The performance bond must be at least 100 percent of the contract price and submitted upon execution of the contract. (5) Supplemental General Conditions -- This item is contained in "(1) Documents", and contains special federal requirements. a) Certification of Compliance With Air and Water Acts -- The prime contractor and all subcontractors must comply with this certification when the contract exceeds $100,000. (6) U.S. Deot. of Housina and Urban Development -- Standards of Conduct -- (Self-explanatory) In addition to the above, contractors will be required to submit various weekly reports as noted in the "(1) Documents" section. CP-3 DOCUMENT LIST (A) CONTRACTOR DOCUMENTS TO BE SUBMITTED WITH BID 1. Contractor prevailing 29, Parts provisions Certification Concerning Labor Standards and Wage Requirements (Authority - Title 3 and 5, and Federal Labor Standards HUD-40l0). certification opportunity amended) . 3. Bid Bond In conformance with the example "Form of Bid Bond". (Minimum Bonding Requirements established by City for Federally Funded Projects). 2. of Bidder Regarding Equal Employment (Authority - Executive Order 11246 as 4. List of all Subcontractor' (s) addresses, license numbers, their Contractor I.D. numbers, dollar amount of subcontractors, and specific description of subcontracts. (B) CONTRACTOR AND SUBCONTRACTOR DOCUMENTS TO BE SUBMITTED PRIOR TO OR AT A TIME OF CONTRACT EXECUTION Subcontractor's Certification Concerning Standards and Prevailing Wage Requirements provided by all subcontractors (Authority - CFR, Parts 3 and 5, and Federal Labor provisions -- HUD-40l0). 2. Certification by Proposed Subcontractor Regarding Equal Employment Opportunity To be provided by sll subcontractors. (Authority - Executive Order 11246 as amended) . 1. Labor To be Title 29 Standards section 3 Clause with certification by Contractor and all Subcontractors. cited in text of clause). 4. Contract Compliance Qualifying Report for Construction Contractors and Vendors To be submitted by Contractor for all projects with a value of $10,000.00 or more. (Authority Executive Order 11246 as amended, Title VII of the Civil Rights Act of 1964, as amended and the California Fair Employment Practice Act.) 3. To be provided (Authority - DL-l 5. Affirmative Action policy for Contractors and Vendors To be submitted by Contractors and Subcontractors with contract and subcontracts valued at $10,000.00 or more. (Authority - Executive Order 11246 as amended; Title VII of the civil Rights Act of 1964, as amended; section 503 of the Rehabilitation Act of 1973; the California Fair Employment Practices Act, and the City of San Bernardino's Affirmative Action Program). 6. certification of Compliance with Air and Water Acts To be provided by Contractor and Subcontractors with contracts and subcontracts valued at $100,000.00 or more. (Authority - cited in Text of Aots). 7. Performanee Bond To be provided by Contractor in accordance with example, "Form of Performance Bond". 8. Labor and Materials Bond To be provided by Contractor in accordance with example, "Form of Labor and Materials Bond". 9. Certification by Proposed Contraetor Regarding Japanese Contract Restrictions. In addition to the above-named items, the Contractor must provide the following as noted: (Forms provided by Public Works Department prior to construction.) WEEKLY 1. Contractor certified payroll Reports Form WH-347). (Authority - Title 29 and 5). certified Payroll Reports (Payroll Form WH-347) for all Subcontractors with subcontracts. (Authority - Title 29 CFR, Parts 3 and 5). {Payroll CFR, Parts 3 WEEKLY 2. WEEKLY 3. Weekly Reports of Subcontraetors on site. DL-2 SPECIAL PROVISIONS SECTION I SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction. 1i21 Edition, and City of San Bernardino Standard Drawings. insofar as the same apply and in accordance with the following Special Provisions. 1-1. 02 DEFINITIONS Whenever in the Standard Specifi- cations the ~ollowing terms are used. they shall be understood to mean and r~ter to the following: AClencv - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. EnClineer - The Director of Public Work/City Engineer for the city of San Bernardino. Laboratorv - The laboratory to be designated by the City of San Bernardino to test materials and worked involved in the contract. Notice AdvertisinCl for Bids Notice Inviting Bids. Standard SDecifications Standard Specifications for Public Works Construction. other terms appearing in the Standard these Special Provisions. shall have the specified in Section 1-2. "Definitions". in fications. Specifications, and intent and meaning the Standard Spec i- In case of these Special precedence over conflict between the Standard Specifications. and Provisions. the Special Provisions will take and be used in lieu of such conflicting portions. SP-l SECTION 2 2-1 PROPOSAL REOUIREMENTS AND CONDITIONS 2-1.01 General -- Bids must submitted on the proposal form contained herein. All bids or proposals shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable to the city of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given a guarantee that the bidder will enter into the contract, if awarded to him. In the event the bidder, to whom the contact is awarded. refuses to execute said contract, the use by the public of the improvements will be delaye~and the public will suffer great damage. From the nature of the case. it would be extremely difficult and impractical to fix said amount of damage. Therefore, the city and the bidder agree that the proposal guarantee of 10% of the bid shall be paid to the City as a forfeiture. Bid bonds shall be underwritten by a surety company having a rating Best's most recent Insurance Guide of "A" or better. 2-1. 02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals for participation of Minority and Women's Business Enterprises (MBEjWBE) was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated January 1994. Bidder's or Proposer's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of -0- % MBE and -0- % WBE on this project. Bidders shall make every reasonable effort to solicit bids from MBEjWBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-2 POLICY MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS It is the policy of the city of San Bernardino to provide Minority Business Enterprises (MBEs). Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all city contracts. Bidders and proposers' -Shall assist the City in implementing this policy by taking/all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' or proposers' good faith efforts to reach- out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder or proposer attended pre-solicitation or pre-bid meetings, if any, scheduled by the city to inform all bidders or proposers of the requirements for the project for which the contract will be awarded. The city may waive this requirement if the bidder or proposer certifies it is informed as to those project requirements. (2) The bidder or proposer identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs, WBEs and other business enterprises. The bidder or proposer shall, when economically feasible. divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder or proposer advertised for bids or proposals from interested business enterprises not less than ten calendar days prior to the submission of bids or proposals. in one or more daily or weekly newspapers. trade association publications. minority or trade oriented publications, trade journals. or other media specified by the city. (4) The bidder or proposer provided written notice of its interest in bidding on the contract to those business enterprises. including MBEs and WBEs, having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days prior to the date the SP-3 bids or proposals were required to be submitted. In all instances, the bidder or proposer must document that invitations for sub-contracting bids were sent to available MBEs, WBEs and other business enterprises for each item os work to be performed. The Mayor's help identify enterprises. Affirmative Action Office shall be available to interested MBEs, WBEs and other business (5) The bidder or proposer documented efforts to follow up initial solicitations of interest by contracting the business enterprises to determine with certainty whether the enterprises were interes~ea in performing specific portions of the project. (6) The bidder or proposer provided interested enterprises with information about the Plans. Specifications and requirements for the selected sub-contracting work. (7) The bidder or proposer requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the submission of bids or proposals. (8) The bidder or proposer negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids or proposals prepared by any enterprises. as determined by the city. As documentation the bidder or proposer must submit a list of all sub-bidders for each item of work solicited. including dollar amounts of potential work for MBEs. WBEs and other business enterprises. (9) The bidder or proposer documented efforts to advise and assist interested MBEs. WBEs and other business enterprises in obtaining bonds, lines of credit. or insurance required by the City or Contractor. If the City has established expected levels of participation for MBE and WBE sub-contractors, failure to meet those levels shall not be a basis for disqualification of the bidder or proposer. A determination of the adequacy of a bidders' or proposers' good faith effort must be based on due consideration of the indicia of good faith as set forth above. In the event that the City is considering awarding away from the lowest bidder or not awarding a contract to a propose because the bidder or the proposer is determined to be non-responsive for failure to comply with the good faith indicia set forth above, the city shall, if requested, and prior to the award of the contract, afford the bidder or proposer the opportunity to SP-4 1---- present evidence to the Mayor and Common Council in a public hearing of the bidders' or proposers' good faith efforts in making its outreach. In no case should the City award away pursuant to this program if the bidder or proposer makes a good faith effort but fails to meet the expected levels of partici- pation. For the purposes of this Policy. "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the City to reject all bids or proposals in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino MURi~ipal Code. , The '-directions set forth herein immediately. and all city Departments implementation programs to the extent inconsistent with this policy. shall shall such take effect modify their programs are SP-s ". .... , , SECTION 3 THROUGH SECTION 5 BLANK SP-6 SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED OUANTITIES -- If the total pay quantity of any item of work. subject to the provisions in Section 3-2.2.1, "Increased or Decreased Quantities". of the Standard Specifications varies by more than 25 percent. compen- sation payable to the Contractor will be determined in accordance with said Section 3-1.2.1 and these Special Provisions. . When the'eompensation payable for the number of units of an item of wo~k performed in excess of 125 percent of the Engineer's Estimate is less than $1,500 at the applicable contract unit price. the Engineer reserves the right to make no adjustment in said price if he so elects. except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate. detailed data to support costs of the item. Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate. therefor, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate. detailed data to support costs of the item. The payment of the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity at the original contract unit price. 6-1. 02 SOUND CONTROL REOUIREMENTS -- Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions. The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 86 dbA at the distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise levels. Said noise level requirements shall apply to all equipment on the job or related to the job. including but not limited to trucks. transit mixers or transient equipment that mayor may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. SP-7 6-1.03 PERMITS AND LICENSE -- The Contractor shall City Business Registration. prior to the execution contract. obtain a of the 6-1.04 EXTRA WORK -- Any extra work done shall conform to the provisions of Section 3.3. "Extra Work", of the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. However, equipment rental rates shall conform to State of California Business and Trans- portation Agency, Department of Transportation, Division of Construction. "LABOR AND EQUIPMENT RENTAL RATES". latest edition, unless the extra work is done for a negotiated price. '" ... 6-1.0$. HOURS OF LABOR -- In the event that the Engineer is required DY the Contractor's operations to work more than forty (40) hours in any given week. or on any Saturday. Sunday, or HOliday, in the setting of Lines and Grades or performing inspections, the Contractor shall pay an amount to the City equal to one-and-a-half (1-1/2) times the Engineer's normal wages and fringe benefits. Such amount shall be deducted from the next progress payments. Designated legal Holidays are: January 1st, the third Monday in January, the last Monday in May, July 4th. the first Monday in September, November 11th, Thanksgiving Day. and December 25th. When a designated legal holiday falls on a Sun- day, the fOllowing Monday shall be a designated legal holiday. When a des i gna ted 1 ~ 1 ho 1 i day fa 11 s on a Saturday, the preceding Friday shall be designated a legal holiday. 6-1. 06 PAYMENTS -- Attention is directed to Section 9-3, "Payments". and 9-3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished but not incorporated in the work. The Contractor shall submit "As-Built" project drawings to the Construction Engineer (City) prior to the release of final payment and/or bonds. 6-1.07 PROJECT APPEARANCE maintain a neat appearance to the work. The contractor shall SP-8 In any area visible to the public, the following shall apply: When practicable. broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly. 6-1.08 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by-him away from the site of the work. Full '-compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 6-1.09 ATTORNEYS' FEES -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs. salary. and expenses of the city Attorney, and members of his office. in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. SP-9 SECTION 7 BLANK ',. -.. .- SP-10 SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION - The work to be done consists, in general, of providing all labor, materials and supervision to perform installation of one (1) each 2,000 gallon diesel above ground storage tank with dispensing equipment and earthquake restraints at Fire Station #3. The work also includes all materials and labor necessary to accomplish said work in accordance with these Plans, Special Provisions, and as directed by the Director of Facilities Management. SP-II SECTION 9 THROUGH SECTION 55 BLANK SP-12 ( SPECIFICATION GUIDE * Jto-NI\ULTl *fllEL TANK. mLAST Be- (c)NVAu LT DR. t7QL,(ft L c .' ( --~ ~AULT~ The Indu.try "eader In Above Ground Fuel Storage Sy.tem.. SPECIFICATIONS f A. General 1. ConVault Aboveground Tanks are listed under U.L. Subject 2085, U.L.C. 142.23 and 142.5 for insulated aboveground tanks. Additional details may be obtained by contacting ConVault, Inc. at (800) 222-7099. B. Products 1. Primary Tank: The primary tank shall be rectangular in shape and have continuous welds on all sides, inside as well as outside conforming with The American Welding Society Standard for conIinuous weld. The primary tank shall be minimum 0.125 inch thick carbon steel listed per U.L. Standard 142. The tank shall be warranted for 20 years (optiona/30 years) by the manufacturer. 2. Concrete Encasement: The concrete encasement shall be 6 inches thick with a minimum design strength of 3,000 psi. The concrete design shall include the following for long term durability: air entrainment, water-reducing admixture, fibermesh reinforcement, and steel reinforcement. Vault shall be of concrete exte- rior and of a continuous and visually verifiable monolithic (seamless) pour on top, bottom and sides of steel tank and contain no cold joints or heat sinks (heal trans- fer points) on bottom and sides. The steel tank shall be pressurized at 5 psi during concrete encasement. 3. Fire Resistance: The lank system shall be designed and tested to provide 2-hour fire protection for the primary tank. No steel members shall penetrate the walls or floor of the concrete encasement to assure isolation from pool fire heat. The fire resistance of the tank shall be tested in accordance with the procedure established in U.L. 2085 and U.L.C. 79.7. 4. Thermal and Corrosion Protection: The tank construction shall include thermal insulation to protect against temperature extremes and corrosion by isolating the steel tank from the concrete. No steel or insulating spacer panels in unit shall come in direct contact with concrete or any other corrosive material. All exposed steel shall be powder-coated to inhibit corrosion. 5. Secondary Containment with leak Monitoring: The tank system shall include an impervious barrier of 30 mil high density polyethylene to contain leaks from the primary tank. A leak detection access tube shall be located between the inner tank and secondary barrier. In the event of a leak, a positive space shall be available to permit leaked fluid to flow to the detection tube. 6. Overfill/Spill Containment: The tank system shall include a minimum 5-15 gallon, powder-coated external or internal U.L.-Listed overfill/spill containment surrounding the fill pipe. The overfill/spill container shall include a normally-closed valve to release spilled product into the main tank. ( I t. Pg.2 October 1 993 Specification. . 7. Overfill Protection: Overfill protection shall be provided by two or more of the following methods: a) direct reading level gauge at tank visible from fill pipe ac- cess; b) valve located within fill pipe to close automatically at a specified fill level; c) audible high level alarm activated by a float switch at a specified fill level. 8. Exterior Finish: The tank system shall have a coated concrete exterior to resist weather, reflect sunlight and inhibit corrosion. 9. Venting: Tank system shall conform to fire codes-and U.L./ U.L.C. Standards 10. Support Legs: Vaults shall have concrete support legs of unitized monolithic construction to provide visual inspection capability. C. Exec'titlan c 1. The tank system including accessories shall be installed in strict accordance with the manufacturer's recommendations and applicable fire and environmental codes. State and local permits shall be obtained prior to installation. 2. Tanks shall be installed on a reinforced concrete base slab designed to support the fully loaded tank. Protective bollards may be installed on sides exposed to vehicles. Location of bollards shall be in accordance with local codes. 3. Tanks shall be marked on all sides with warning signs: "FLAMMABLE" or "COM- BUSTIBLE", "NO SMOKING", product identification, and other signs as required by the applicable codes. 4. Electrical work shall be in accordance with local codes and shall be rated for hazardous area as required. 5. Unit shall be approved for Phase II Balance Vapor Recovery for gasoline and methanol/ Ethanol (California Air Resources Board Executive Order G-70-116 A, B, C,D&E). 6. Earthquake/hurricane restraints shall be installed where required by local jurisdic- tions. 1. Vaulted tank design shall have been in manufacturing production and commercial use for a minimum of seven years. 8. Tank and concrete vault shall be shop-fabricated as one unit at factory and require no assembly, construction or completion at installation site in accordance with U.L. Subject 2085, and U.L.C. ORD 142.23 and 142.5. <. . Optional triple containment comprized of doublewa/l steel plus polyethylene mem- brane. Specifications October 1993 Pg.3 (~ T"e Industry Leader In Above Ground Fuel Storage Systems. Tank Weights and Dimensions . ELEVATION VIEW ..";:~;;>""''''.'~.'~.',",:'8:.;S':s,'d<::i::':0",::,:,,,,.',,,,''ii'"0:.c,;:'8:'8:i0~'FT'. ~ ( o ~ ~ f 1:~ 4 a LH : .:::~ ..;..::.::;.;.':.;.;.... :.".;." ...;.....;.....;.; :..,..':..:::.:::.:..:.:..:.::...::.::(il I .""......;.';.';"........"""".................................""".......;.';.';.'....."...,,~ .:.:~.::' " :' ..~.:-::-:: a_ '. ~ B,()()()'12.000 Gallon Tanks 3/4' shorter than outside legs Concrete Encasement PLAN VIEW I - -4rNipple - -.- - - - - - - - - - - - - - - - - - - - -. ~ 2" Nipple-.O ' I .... - - - - - - 4' F.II N. I Thru Tank Leak Detector- I I I I I Ippe '::t... I o : : Emergency Vent~o : II Y J " , I OverfllVSpl1l I ~ Containment ? NiPPleb " :.:.:.:.:. ~ 2" Nipple 'Y Leak Detector Tube I n w ( I:"'"'''''''':.'''''''''':.''''''''''' ......................... L -Alternative to Leak Detector Tube Tank Size 250 500 1,000 2,000 4,000::::' 4,000 ~ 5,200::::' 5,200 ~ 6,000 8,000 10,000 12,000 L w H a wt. 1'-8' 3'-9' 3'-3' 0'-4' 8,000 11'-0' 4'-6' 3'-4' 0'-4' 12,000 11'.0' 5'.8' 4'.4' 0'-4' 18,000 11'.3' 8'-0' 5'-6' 0'-6' 30,000 12'-2' 8'-0' 8'-9' 0'-6' 40,000 11'-7' 8'-0' 6'-6' 0'-6' 45,000 15'-6' 8'-0' 8'-9' 0'-6' 50,000 13'-2' 11'-11' 7'.0. 0'-6' 53,000 11'-7' 8'-0' 8'-10' 0'-6' 57,000 23'-1' 8'-0' 8'-10' O'-S' 72;000 28'-7' 8'-0' 8'-10' O'-S' 87.500 34'-1' 8'-0' 8'-10' O'-S' 101,000 . Double-wall steel tanks are optional and have identical dimensions Top designs vary according to customer needs ( Pg.4 October 1993 Tank Welg"ts and Dimensions l~ e 125-Gallon Tank (U.L. 142/ non U.L. 2085 Listed) .ELEVATION VIEW .. c PLAN VIEW <- ........ ............. .... .. . .:.:.:......'.. '. ....: ......: ......r....r .....~~: ,. i f:: 46. ,. ,. ,. ,. ,. ,. ,. ,. ,. Ivl 6. / toct .L - - -~ ./ 0 / ..... / "- I '\ I \ I @) 0\ I I \ 491/8 \ Oi \ I \ I \ '\ I "- 0 / "- / '- ./ - - - - I. 491 . ) Leak De 0< .;-. /8 125 Gallon Tank October 1993 Pg.5 (~ The Industry I.eader In Above Ground Fuel Stonge Systems. Double Tank Weights and Dimensions ~ ELEVATION VIEW 1::r.-':;:;..[.:...::;..-,.-,.:,..;.:....,..-/,..;:;::....,:[:;:;'>.';:;:[:;:;:;:;.';:[::'.';:;:[.'-'::.~:FT !I.,........rt?....,................"..~:...............".....n:r~........L- L . - ~ B 000-12.000 Gallon Tanks 3)40 shorter than outside legs r -- -----------__________ ____ I~ 20 Nipple 2" Nipple ~ : :r - - -- -. 40fiUwithU.LListed -I I I I OverfilVSpill Containment 1 I -' _ ' I I I It ~ 1 I 0 O~EmergencYI II '.....0/ I ""' ~Vent I I I r', Thru Tank I I ,_ _ _ _ _ _, Leak DetectOf' I I 2"Nipple~1 , Y, ------------------------------- ,------------------------------, : 4" fill with UL Listed 2" Nipple ~ : : ; - - - - - : OverfilllSpill Containment : " , I : Emergency Vent ~ : , 2'NiPPle~ I Leak Detector Tube CO : << PLAN VIEW w :; 0'<2' Nippl [.ii.............ii...' L. Tank Size 0250 0500 01,000 L w H a wt. 11'-0' 4'-S' 3'-4' 0'-4- 12.000 11'-0' 5'-8' 4'-4- 0'-4' 18,000 11'-3' 8'-0' 5'-S' O'-S' 30,000 Top designs vary according to customer needs ( Pg.6 October t993 Double Tank Weights and Dimensions . Double Tank Weights and Dimensions ELEVATION VIEW . PLAN VIEW ::::r"~"~':".i.:."'i.i."~''''ii''''W'.w'ii.i:"~.."ii,,''.:iJ.:~''iii~:''iiJ::.iJ..."i.i....:iJ....~t~ j ~ j t ~ ~ G I~ o ~ ~ ~ ~ ~ j t j t ~ p ~ ~ .j I:::U :L__.__ . __._. . ._. _.J.:: ..'.......'...'.......:.::.:~.:.:.::.:....'.....:.'...::.'....':.'...'....'....':..........'.......'...........'......:::::::::::::~.'...'...'...'.'.o' 8 \ __, " 0 4~OOO-O 6,000 Gallon Tanks 3/4 shorter than outside legs H r,p" -0 II 0 01 1""'~4.Nlppl. II ~ 4.NI",,- I i:-oL~...k.~f:cF;86.M:~.Y :: /_ Oet~o..::~:: I".,," ( "11(" "."1 ,r' "I 0 I I' '" I, ''.0','' J II J "'.0',' 'I I' '~" / "//' , 1'------' -:: - '___m'l . 4- An with UL Usted I .::-: o...erfllVSpiIl Containment . . I ;:, ".,...-4.NI...._ " ""..,.-4N_---.,.""1 ;::V V II V VI I".....:...:.:.:...:..., ~............. . . . '- w L -A1ternati\18 to Leak Detector Tube Tank Size 02,000 :::.. 02,000 ~ 02,600 :::.. 02,600 ~ 03,000 04,000 05,000 06,000 L w H a wt. 12'-2' 8'-0' 8'-9' 0'.6' 40,000 17'.7' 8'.0' 6'-6' 0'-6' 47,000 15'.6' 8'-0' 8'.9' 0'-6' 50,000 13'.2' 11'.11' 7'.0' 0'.6' 55,000 17'-7' 8'-0' 8'.10' 0'.6' 59,000 23'-1' 8'.0' 8'.10' 0'.6' 75,000 28'-7' 8'-0' 8'.10' 0'-6' 91,000 34'-1' 8'.0' 8'.10' 0'-6' 105,000 ., ~ Top designs vary according to customer needs Double Tank Weigh's and Dimensions October 1993 Pg. 7 l~ The Industry Leader In Above Ground Fuel Storage Systems. Dispensing Application (On Tank Suction System) The diagram provided is recommended for those sites which service the end-user's, internal f1eeVvehicles; the diagram is not designed to accommodate service station applications or the small service station with the space to accommodate above ground tanks. << 1. Fuel tank shall be located with setbacks from buildings and property lines in accor- dance with slate and local codes. 2. Dispensing shall be by a U.L.-Listed tank top pump equipped with a) vacuum breaker b) filter and adaptor c) U.L.-Listed fuel hose d) safety breakaway valve e) auto-shutoff nozzle 3. Consult local codes. 4. Fire extinguisher per cOde,Cleanup kit should be provided at the site. Grounding for +-- Lightning Protection Emergency Vent 4" Fill with 7 Gal. U.L-Listed Overfill/Spill Contairvnent / Overfill Prevention Valve Closes Fill Pipe at 95% Fill 8 Pump/Dispensor with -Vacuum Breaker -Riter & Adaptor .Hose " -Safety Breakaway I -Auto-Shutoff Nozzle I I c 4" Drop Tube .5 I / Refer 10 Section on Pads and Foundation requirements. Page 20 . Pg.8 October 1993 Fuel Dispensing Application . ................... ... . .......................................... ....... ':'::':.',', ........ -........ ................. '!.'!:.'. ................ tn: : 0 ;::;:/: ','.'!::. /,',":::. ',I.'!::. I ::!.'!:. ',"',o:::', ;.:~.:;.:. Illi iii' .",., I (Q) II:!;: l_____=1 ;i;ii: :.~.:~.:::.:.....~.......;......../.:..../......'.:...,.../;/.:...:...'.:...,..:..... .~.:.::.:.::.:. Standard Tank Z Vent Outlet Concrete Pad Spare 2" Access_ Erner. Vent 4" RII with 7 Gel. U.L.-Listed Overfill Spill Containment Level Gauge Pump/Dispensor ..... .. . ....... ...... ~':~':'~':'''''' .;.,"....: ,,'.;. .....;.:.:.:.:.;.:.: ':::~/::::: !.::[.i.:::.;.:!:.! ::~I:~I::I ::::~::~::? :::?::~:::::: :::~:?:~ ....,...: ::tn -::<.:<;,. ffF :'..:...:.... ......... ~:}E ......f.. :.:.1,. ........: ...t.:._ .......... ...:.:. ..:...... .~.:.::.:.::.:.....::..:. :.......:...:....: . .....................:........:..:..::.......~.:.~.:-~.::: Fuel Tank Installation Plan Double Tank . Level Gauge Pad Refer 10 Seclion P on Pads and Foundation requirements - Page 20 Standard Tank (. Pump/Oispensor with -Vacuum Breaker -Filler & Adaptor -Hose -Safety Breakaway -Auto-Shutoff Nozzle Sub-base Pad Hose Hose Sub-base Fue' D'spens'ng Application October 1993 ........................... .:.......:.:.............:............ ReIer to Section on Pads and Foundation requirements - Page 20 Double Tank Pg.9 (~ - TIle Industry Leader In Above Ground Fuel StoM"e Systems. << vacuun -. Hose SaIetyBreaJ<away Pump Hose Double Tab Bushing Finer & Adaptor ~ .....~ / , / , I " Suction Tube I I I I I I I I I I I I I \',_ _ _ _ _ _ _ _ L~~~!~~~~w: __ _ _ ___;,// << Suction-type Dispensing System Dispensing from the ConVault Tank System is most simply accomplished by a top of tank pump, This arrangement eliminates leaking valves and fittings, Our recommended dispensing configuration is as follows: 1. U.L.-Listed pump with resettable meter and totalizer. 2. External filter and adaptor 3. U.L.-Listed hose with ground braid (per local code) 4. Safety break-away valve 5. External Vacuum Breaker at pump discharge 6. Auto-shutoff nozzle Where ground-mounted suction-type dispensers are used, refer to the piping section for the required safety valves on page 6. . Pg. 10 October 1993 Fuel Dlspensln" Application . I I . . (.\ - Dispensing (Off Tank Suction System) The diagram provided is recommended for those sites authorized to either: dispense to motor vehicles for public use or fleet vehicles with high-speed dispensing accesso- ries. . 1. Fuel tank shall be located with setbacks from buildings and property lines in accor- dance with state and local codes. 2, Dispensing shall be by a U.L.-Listed off-tank pump. The pump shall be equipped with a) angle check valve with pressure relief (anti-syphon valve) b) filter and adapter c) U.L. -Listed fuel hose d) safely', breakaway valve e) auto-shutoff nozzle f) Pressure regulating valve g) Emergency sheer valve may be required 3. Consult local codes. 4. Fire extinguisher per cOde,Cleanup kit should be provided at the site, 4" Fill with 7 Gallon U.l. Usted Overfill/Spill Containment Level Gauge Angle Check or Anti-Syphon Valve D PumplDispensor with -Safety Breakaway Hose 'Auto-Shutoll Nozzle -Air Eliminator J'f:.' ~.'~ .'~.'~. '.:.'~.'~. .:,-':.. .::. .- ':,-' ~.'~ .'~.'~.';. '~.'~.'~.'~.' ~.';.';,', Reier to Section ~ JI Stairway to Fill Pipe on Pads and Foundation Pad ~ on All Tanks requirements. Page 20 Shoe< Valve Under Pump Pressure Regulating Valve .' Fue' Dlspens'ng Application October 1993 Pg.11 TII. 'ndustry I..ad.r In Abov. Ground Fu... Stora". Syst.ms. Dispensing (Side Mount) The diagram provided is recommended for those sites authorized to either: dispense to motor vehicles for public use or fleet vehicles with high-speed accessories. 1. Fuel tank shall be located with setbacks from buildings and property lines in accor- dance with state and local codes. 2. Dispensing shall be by a U.L.-Listed side-mount pump. The pump shall be equipped with: a) Angle check valve with pressure relief (anti-syphon valve) b) filter and adapter c) U.L.-Listed fuel hose d) safety breakaway valve e) auto-shutoff nozzle f) Emergency sheer valve may be required << 3. Consult local codes. 4. Fire extinguisher per code, Cleanup kit should be provided at the site. r Level Gauge 4' Fill with 7 Gallon U.L. Usted / OverfilllSpill Containment / Angle Check or Anti.Syphon Valve Pump/Dispenser with: r . Safety Breakaway Hose . Auto Shutoff Nozzle . Vacuum Breakaway at Pump Outlet ....- Side Mount Bracket (No holes to be drilled in side of tank) Pressure Regulating Valve ( Refer to Section on Pads and Foundation requirements. Page 20 .....:............................. .................................:............... ........................ ................................ ......-.............:................ ................................................ padJ Stai~ay to ~i11 Pipe '- Sub-base (Optional) ( Pg. 12 October 1993 Fuel Dlspensln" Application ............'.".."......-.,......,..,:'-. - . Generator Fuel Supply The diagram provided is recommended for those sites utilizing a ConVault AST to supply a generator, whether it be primary or standby in function. 1. Storage Tank shall be located with setbacks from buildings and property lines in accordance with state and local fire codes. 2. Recommended piping shall include safely valves as follows: a. Angle check valve with pressure relief or foof valve and strainer b. Shutoff valve with fusible link on supply piping 3. Consult local codes. 4. Fire extinguisher and spill cleanup kit should be provided at the site. . 2. Vent with Screen 4' Fill with 7 Gal. U.l.-listed OverfilllSpill Containment (external option) Emergency Vent .... Angle Check or Anti-Syphon Valve r / I I I I I ,. from bottom of foot valve " '- _ _ ~n~ strainer to bottom of tank~ Foot Valve and Strainer Refer to Section on Pads and Foundation requirements. Page 20 Sub-base I \ e Gener.tor Fuel Supply October 1993 Pg. 13 [~ ;:;;; Industry Le.der In Above Ground Fuel Stol'll"e Systems. c . . . . . . . . . . . . . . ............. . .;.,... :/:{::;;: .......:.'.'.. ::~:::;t: :::::/::~:: ::~:t::;:: :,t........'.' ..,'..','...!.' .'.....;.'.'.. :::)::::~:: :ti}~ ~tt~:~ ..... ......of....... ....:.... ,./~.., Conctele Pad it Vent Outlet o 'f.'!.':': ......f..f.. ,I.t,h 4" FiI with 7 Gal. Ul-Usted CMtfiIlISoiI~ ~ Gauge Thru Tn Leak Detector EmeI. Vent .. . ..... ,"!:.:':.:..:. .......'...': ...... ',I::.'.'.' '.I:.'.'.',' o o ...........;... ."...... ;/",...i. o .- FUEH Return > Same '2' CJP8l"l!ng may be ..-- Fuel Suction used for suppty and return Fuel Tank Installation Plan c r Fuel Suction Angle Check or Anti-Syphon Valve '- Fuel Return Pg. 14 Refer to Section on Pads and Foundation requirements - Page 20 t October 1993 Gener.tor Fuel Supply . Used Oil The diagram provided is recommended for used oil storage and is not a requirement. Confirm with the local jurisdiction that all pertinent operational requirements have been met in advance of installation. . ConVault recommends the use of a used-oil receptacle, stair clamps. and a step- platform for manual pouring sites; where the tank is filled by a remote pump, an overfill prevention system should be utilized. ConVault also recommends the use of an audible alarm in conjunction with existing level indicator devices. as well as a solenoid valve in the fill pipe or shutoff switch to control the pump. Fire extinguisher and spill cleanup kit should be provided at the site. 'Z'Vent with Screen 5 Gallon Capacity receptacle with Automatic Disposal Valve (Lockable) Emergency Vent . r ~ Refer 10 Section on Pads and Foundation requirements - Page 20 Sub-base I I I e Used 011 October 1993 Pg. 15 (~ Tlte 'ndustry L_der In Above Ground Fuel Sto..."e Systems. Permits and Approvals System installation starts with obtaining the required state and local permits and ap- . provals. Typical documents required are: 1. State and/or local permit application forms. 2. The ConVault Site Review Form approved by local fire marshal. 3. Site plan drawing. 4. System detail drawings. The site plan shall be prepared as follows: 1. Drawn to scale. 2. Show property lines and indicate occupancy or use of adjacent property. 3. Show streets, intersections, and railroads. 4. Show buildings on the site and indicate type of construction. Show building open- ings on walls adjacent to tanks. 5. Show important utility lines sewer, water, gas, and electric including fire hydrants and catch basins. 6. Show any nearby waterways streams, rivers, lakes, or retention oasins. 7. Show any other underground or aboveground tanks. 8. Show new tank location and indicate shortest distance to buildings and property lines. The system detail drawing shall include: 1. Tank size, dimensions, and spacing between adjacent tanks. 2. Base slab dimensions and bollard 10caIion and size. 3. Vent size and location. Height of standard venI and type of cap. Type of emergency vent. 4. Fill details including spill and overfill protection. 5. Piping details including shutoff valves and anti-siphon valves. 6. Pumps and dispensing equipment including location, size, and type. 7. Electrical details including shutoff switch location and grounding wire. 8. Level gauges and leak detection equipment. 9. Signs and decals. State and local permit applications must be made with the correct forms. Zoning permits may also be required. . c t Pg. 16 October 1993 Penn"s end Approve's . Venting 1 2' Vent Cap Emergency Vent Height Per Code >S8K . The ConVault Tank Systems are furnished with a 2 inch standard vent and an appropri- ate emergency vent. ConVault tank systems meet all 2 inch standard vent and emergency vent require- menIs of U.L. 142 and U.L.C. ORD 142.23 and 142.5. Vent caps for the standard vent are either a normal type or a pressure/vacuum type for vapor recovery and/or methanol/ethanol. The emergency vent has a pressure relief oapability only. The standard emergency vent furnished with the tank is normally closed and opens if the tank pressure exceeds 1/2 psi. e Venting October 1993 Pg. 17 Th. Indu.try ....d.r In AlJov. Ground Fu.I Stor.". Sy.t.m.. Fill Pipe . Lockable Cap Adaptor Drop Tube . The ConVault Tank System is furnished with a MNPT fitting for filling. The fill pipe is equipped with an adapter and lockable cap. A drop tube is recommended for peIroleum products and solvents. and for all tanks in U.F.C. Jurisdiction. A coaxial drop tube is used for vapor recovery applications. A drop tube is not ordinarily recommended for tanks storing diesel fuel. Diesel fuel travelling down a drop tube has a tendency to foam and thereby restrict flow. , Pg. 18 October 1993 Fill Pipe l~ . Foundation Specifications The ConVault Tank System is required to be installed on a reinforced concrete pad as a condition of warranty. The purpose of the pad is to protect the tank against stresses from uneven settlement, and to assure that the tank supports allow for inspection beneath the tank. Any variances must be approved in advance of instal- lation. Tanks under 2,000 Gallons The chart below shows the minimum requirements for a cast-in-place place foundation pad for tanks up to 2,000 gallons. The foundation pad can also be furnished as a precast unit. Tanks over 2;000 Gallons Pads for tanks over 2,000 gallons must be poured in place concrete and comply with minimum specifications as set forth by the tank manufacturer. Tanks 8,000 to 12,000 gallons must be set on the pad in beds of grout. Contact your representa- tive for details. Subgrade Requirements 1. Tank location and foundation to comply with the current edition of the Uniform Building Code and all applicable local codes and ordinance. 2. Do not locate the tank over subsurface utilities, tanks, or similar objects. 3. The tank foundation is to bear on undisturbed earth or compacted fill, free of or- ganic material. c Pads for Tanks Under 2,000 Gallons Tank Size Pad Pad LxW Thickness Rebar Concrete Strength 250 9'x5' 6' #4@12' EW. 3000 PSI 500 12'x6' 6' #4@12' EW. 3000 PSI 1,000 12'x7' 6. #4@12' EW. 3000 PSI 2,000 12'x9' 6' #4@12' EW. 3000 PSI (. Foundation October 1993 Pg. 19 TIt. Indu.try L_d.r In Abov. Ground Fuel StOl'll". Sy.t.ma. Collision Protection << Collision protection is recommended on sides of the tank exposed to traffic. This is . generally accomplished with pipe bollards. Always check state and local codes. Sample installations are provided: -Minimum 4 inch diameter steel pipe by 6 fe~t long and concrete filled. -Set 3 feet into ground within 15 inch diameter concrete filled hole. -Spacing 4 feet center to center on sides exposed to traffic. -Spacing from tank shall conform to local codes. Consult your local ConVault representative for alternate collision protection (i.e. Precast concrete barriers). 0 0 ~ Posts 0 0 0 0 V Precast Base Slab [I]] [I]] 1 preca~t concrete B~ Pg.20 ( j/ Barrier ~ Jt' Bollard ~ I October 1993 CoIII.lon Protection . Electrical Distance Per Code Ground Hazardous Cable Area Electrical Pump '" .- ~ Emergenc: ~ Pump Shutoff Ground Rod c Electrical items CriIical to Ihe correct installation of a ConVault Tank System are: a) hazardous area wiring, b) emergency electrical shutoff switch, and c) grounding. Flammable liquids will require hazardous area electrical work including: pumps and equipment rated by U.L. or FM for hazardous service. heavy wall conduit aboveground in the area of the tank, and appropriate junction boxes. Equipment not rated for hazardous areas must be located outside the zones described by local codes. An emergency electrical disconnect is required to be mounted in a location visible from the dispenser. The switch is normally mounted on a building wall or a post. The switch must be marked as an emergency shutoff switch. Electrical grounding is required for flammable liquid tanks. The tanks include a ground- ing lug on the 2 inch nipple used for the vent pipe. . l. Electrical October 1993 Pg.21 ~LT~ Tile Indu.try l.eeder In Above Ground Fuel Store"e Sy.tem.. ( Overfill/Spill Prevention Spill prevention is accomplished by a patented 5 to 15 gallon containment surrounding the recessed fill pipe. The spill containment can be internal or optional external to the tank. The top of the fill pipe is the lowest opening on the tank thereby providing additional overfill protection. The spill containment is U.L.- Listed. The captured overspill can be released back inIo the tank by a spring-loaded valve. Spill containers designed for underground tanks should not be used. Spill prevention is required by most codes. An exception where the ConVault spill contain- ment might not be used is when the fill point is remote from the tank (as in some used oil applications) or the tank is filled by a closed piping system. A spill containment shall be installed at the point of fill. Overfill prevention is required for most installa- tions. It may be accomplished by two or more of the following methods: 1. A direct reading level gauge in sight of the fill pipe (Standard accessory on ConVaulttanks). 2. An audible high level alarm activated at the prescribed fill level. Note: Requires a level switch mounted on the tank with a remote alarm. The audible high level alarm must be located outside the haz- ardous area electrical zone of the tank. 3. Overfiil prevention valve or flow restrictor which closes the fill pipe or restricts flow at the prescribed level. \ I \ I \ I \ I \ I \ I \ I \ I \ I f .. ..... ..... ..... ..... ..... ..... ..... ........ . '.. . . .... .~.:.~ .::: .:~.: .:::::~:}: ~.: .::. :.::. :~.:::.: .::. :.: c Internal Overfill/Spill Containment ( Pg.22 October 1993 Overllll/Splll Prevention e Leak Detection The primary means of leak detection is a tube which accesses the secondary contain- ment. This containment space may be monitored either manually at periodic inter- vals or with a continuous automatic device. The method of inspection may include visual/scent. electronic or manual probe. Legs elevate the tank to assure that the underside can be inspected meeting AST code requirements. When automatic leak detection equipment is used the sensor must be sized to fit the appropriate leak detector tube. A special cap is available with a 2 inch F.N.P.T. fitting for connection of the sensor. Leak detection options are as follows: 1. A remote reading level gauge. 2. A stand alone alarm panel and interstitial sensor. 3. A mechanical leak detection assembly providing visual indication of fluid in the secondary containment space. c I I I t I <.. Leak Defection October 1993 Pg.23 . . Page 1 or 7 , -, C I T Y o F SA N B ERN A R DIN 0 ,. ( -- T E C H N I C A L S P E C I F I CAT ION S BID SPECIFICATION NO._ ProiOlCl:. 1<0. ,.21:-0043 2000 Gall~ Diesel Above Ground Storaoe Tank With Dispensing Equipment (Installed) I I E M 0 E ~ C RIP T I 0 N NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Serv; ces: Bidder shall complete right hand column indicating brief reasoning for except; ons to requirements when not acceptabl e. State "Acceptabl e" if requirements are agreeable as set forth on left hand column. Equipment: Bidder shall complete right hand column indicating specific size and/or make and model af all components when not exactly as specified. State "As Specified" if item is exactly as set fartn in the left hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID. nus bid request is for one (1) 2,000 gallon diesel above ground fuel storage tank mth diesel fuel dispensing package. These storage tanks will be placed at the followincr fire station at the listed aCciress Fire StatJ.cn No. 3 2121 Medical canter Drive The storage tank. will meet NFPA 30 and 30A fire safety standaL- and will be fitted for grounding per NFPA 76. The tan.'< must also camply WJ.th tIle 1991 Uniform Fire Code Appendix U-F. 'I1'.e style of tank will be rectangular in shape, will include fuel dispensing package, concrete tank base with earthquake restraints, and all electrical h=k-ups. A minimum 20 year tank warranty is. called for. The bid should be for a turn key operation based on the del1v and installation of one (11 tank (with accessories) at the above location . The fuel storage tank shall meet the following specifications and requirements: Tank shall be made of steel, minimum 3/16" tIuckness, with a 30 mil. poly g<lO secondary membrane. Tank shall have a U.L. listed internal overfill and a leak detector tube. 6" concrete with a 2 hour fire rating. Tank will meet U.L. 142, N.F.P.A. 30 and G-70-116. Tank shall be in full canpliance with E.P.A. regulations regarding internal secondary =ntainment and shall requ1re no external diking. "As Specified" "As Specified" "As Specified" "As Specified" . BID SPEC: ~ Projes~ no. 99-0043 . .'AGE 2 OF , Fuel dispensing package shall include: A m.ini;m.au 15GPM fuel pump, fuel filter and adapter, with vent riser and cap. Shall be equipped with a locl<able fill cap, 6" emergency vent and 4 ft. gauge stick. Shall have a gauge and diesel nozzle with autanatic shut-off. 'l11e entire fuel dispensing package shall be mounted on the tank. Tank base shall consist of the following: A base a minimum of 10' wide x 13' 3" long and 8" thick with a 6" bernt. Shall include (2) 1 1/2" drain coupling with caps. . Earthquake restraints shall consist of: Restraints made of valvanized steel with bolts and anchors. All necessary electrical hook ups are to be included to the station along wi th necessary back-up to the emergency generator. "As Specified" "As Specified" "As Specified" "AS Specified" , . I F, 5, :iF 3 ('0 R \ \IE w ^ y} J if I]} /d.~ I :;.J- - - J 9.1- .-.-.- - - - "-- - - ----. --- --------.. --- I lJ --. --. --.-- ----.-----Q.---- I r- -,--- __",. : , -- ~=-~-L-_~~~==-~_--~i u ~ ~tiIr ~~--:________:___i1' r '_ ~.-, 'b) " I: ,~I : ~G-11 rE --It~G-ItTE ~ 6U1~VI1J6 - -- ---- _ <;l} _ __ .____ . -- __:::b.._______.. _______ ~ . . . '. ,- - - - --- I : _ ______ __ I eK9- I CO(IJc.R~rE! __ . _ ~ ___ __ ~ .f.os.!D I __-#-~ ~______ _~AS.~ L-- _3;J.X,;J.O , I 1- _ ":1 . . . , ..-. -- - .--- - 1--------.-- , -' ~ . J . I' I I -- -+-- pumP --) o-f}----- 7 -- --. .-- -------- - -- ---- --- --m---G-- __ ____ __.J_ ~j1;:.t:. - _i.___ I : I DOCUMENTS .. oITzr::r 0,. r::OIUfUNrTr Drvru. ;'" t:OIr1tlJNrTr DEVrU"NEn aUXlC cu.n P/tOCIlAN CONiRACTOR'S CERTIFICAtI~ Ccr.ICE~IING LABOR STANDARDS A~D PREVAILING WAGE REOUI~E~ENTS 1'0 I;'ppropr~.ce ller:.pjenc) CAn: PROJECT m:::!tR (I! .nll) :/0 P IlOJl:CT NA."Z 1. Th. WlQ.nic;n.ci. havinq exer:uceC a r:onerar:c vith for ehe r:onscruc:ion of che ~ve-iden:ified pro;ec: acknovleQqe. ehac: .ea) The LUlor Stancluds "rovisions &Z'e incl\IQed in the aforesaid contta~: e~) Correction of any infractions of the aforesaiQ conditiona. inr:lu4inq infra~ions ~ any of hb sWlcontra~on &nlS any l_r tiu s@-. concractora. i. his respons.=ility: 2. ~. c.~~~iel ~h.~: ea) Neither he nor any firm. pannerslU.p or ..aociation in wlU.ch h. has su=atantial inceres: is Qesiqnat.Q as an ineliqible contractor by the Comptroller General of the United Stat.s pursuant to S.ction S.6eb) . of che lIe9Ulations of ehe Secret&%)' of LUlor. Part S (2. en. 'an 5) or pursuant to Section Jla) of the DaVis-Bacon ~. .. _nded (40 fI.S.r::. 276.-2 (e) J . e~) No p.:-t of the aforaention.d contract has tlean or will be aWlconeracted to any s~ontractor if allch a~on':r&Ctor or MY fi.ftl. co~ratiolt.. partnership or association in whiCh sllch sllbcOncractor has a sUbstantial interest is Qe.iqnated as an ele9ibla coneraccar pursuant to any of ch. afore_ntioned reqglatory 01' Statlleory !Il'oviaiOllll. 3. E. aqr..s to O=ca.D and forvUlS to the a!oruentiOll.Q l'.cipi.nt withiJI tan day. afur L.... ....clltion of any ..mcontract. inc:ll1lUnq tho.. .X.ellted by hia s.mconcraccan and any lov.r tier s~ontrar:tors. a S~ontl'actor's Certification Conceminq LUlor StandarQS and 'revaillnq Waqe Reqgir...nta exeellted by the s~ontractors. 4. Be ce~.fies that: ea) The 1.q&1 n.- end the =Yline.. &c!4r... of tIl. wlCleruqnc4 are: e~) The unders. ned is: (1) A S~IlCU: PIlCPIUETORSHIP IJ) A CClIU'OIlATICN OJIGANIZED IN 1'KE STAn or (2) A PAJmlE:RSHIP (4) Cl"1'IIP OIlCo'.lllZATlON (Desr:r~J r.". 3 ot 1 1c:1 The ~, t~tle .nd .ddr... of the own.r. p.rtner. or o:t~c:ar. of the undar.i9fted .re: APDRESS NATllItE or %1lTEJU:ST lal Th. n_.. .cI4z..... and uade c:1a..iUc:aUona of all OUlu tluJ.ltiJIt C'Onatnc:t~on conU.c:tor. iJl wtl1c:h the 1IN!.ra1",.d ba. a .1Ib.taftual ifturaR are. ( rt 110ft.. '0 a:,:.': 1WlE ADORESI TIWlE c:t.USU'%CATION IConu.c:torJ DAft, Iy: WARNING U.S. C:rJllinal Cod.. Sec:tion JOJO. fJtJ. J', D.S.C.. ,nwJd.. JlI ,..n: .""-v.r...... _.t.., ,....., utter. or puJJJJ.haa M, .ca~t. ~ing Che _ :0 N I.J.. ...... 'MU N tJ.ned IIOC ...n tllall I5,ClOO oz ~d..., not _n cbu tMO ,..n. Or bOCII. CERTIFICATION OF BIOOER REGAROING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This amlfication is,.quincl cu-nt 10 EslCUtiw Ora. 11241 /30 F. R. 1231;'251. The impl_tmg rul_1lllI ,.,.,lnionlllo 41.* that lIlY bicldlr or PI AI; I...... -, or lIlY of tileir DnID--'IlI &lbcDll1I'IctIlI'I, ...."lIItt II 11\ iNtialllll"t of tile bid or NgOtiItiolll crt t/le tIImlKt ~ it l1li Dllticilll* in lI'Iy /lfWiouI COIItrIft or ... _1nCt _jet 10 ... ~I oPDO"llMy cau.; n. If 10, wMlIW it l1li filed III CIIl110liIftce reDDnlM UIIdIr ./IIllicable inftrucl... ~ the .-df"lCItioft iIldic:n1l thIt the bidd. l1li not filed I CIIIIlplience rlltllll" M IIIlIW 1/lCIlicallla innructiona, .,a, biclOer INII be _ired 10 ~llftlit I C111111l1i111C11 t'IPD" within - calenclet dIys Iftar bid 0IIIftint. No CIIntl_"t ..,1 be _ /Ilo4 ,"-IUCII recaon iI.,bmift8d. CERTIFICATION IV IIOOER Iidc!..... N_: Addr. n rIP CocII: 1. lidd. has III"iciNtId in I nwious _.,_. or SlbtDfthct aIbjIct 10 the EllUII ~DH"'My CIIua. v. CJ No 0 (I{ ...." .. 'c., ....lil1 Ilc _.. rer.., c..".rl.) 2. Cllmolilllco rCDortl... rlQUincllO be fu.d in COI\.lCtiDn with alcI'I-.ct or........ v. CJ No 0 (If .....v .. ,II, iuolil1l1ac _.. rer.., C__I.) ~. Siddtr hcllilld III CII"'lIlcnc:a,..,. clue \lIllW ICIIIIiCllble inaructionI. incIudl,. SF.1l1D. v. CJ No 0 No,. RllIUincl CJ 4. If _ to itatft ~ iI "'No," III... ....in in dItaiI 01\ __ sicllfII this-uticlniol\. c.rtJf"lC:Ition - The inforlftltion IlIIM Is wwllld C111llPft to tile ... fII Illy knawl....1IlII '-'1If. - - TiIM.f s.,...1"- T~ '-.... 0.. ,-- ,"ORM 0'" lID IOIlD KNOW ALl KEN IY TRESE PRESENTS, t~at ve, t~e underlimed, al Principal, and .1 Surety, .re her. by .nd firaly bound unto .1 own.r ln the pen.l lua of for the payaent of vhieh, vell and truly .nd lever.lly blnd ourlelvel, our heirl, laeeellorl .nd alllml. Slmed, thl1 ,19 to be ..de, we hereby jointly executorl, .d.inlltr.torl. d.y of The condition of the above obli,.tion il lucb tbat vbere'l tb. Principal h.1 lubaitt.d to · c.rt.in lid, .ttach.d h.r.to .nd b.reby ..de. part b.reof to enter into . contr.ct in vritin" for the NOW, TBElEFOlE, .. If I.id lid Ih.ll be rej.cted, or in tbe .ltera.te, b. If.l.id lid Ih.ll be .cc.pted .nd tb. Principal lball ..ecute .nd d.liver . contr.ct in tbe rora of contract att.cbed her.to (properly coapl.ted in .ccordance witb I.id lid) and Iball furnilb . bond for bil faitbful parforaance of I.id contract, .nd Ihall in .11 other re.pacca parfor. tbe ~ .'r....nt cre.ted by tb. .ccept.~. .of 1.1d lid, th.n thil oblL,.tion lball be yoid; otbervil., tbe .... lball r...in in fore. .nd eff.ct; it beinl ..pre'lly underltood and .,r.ed th.t the li.b1lity of tbe Surety for .ny and .11 cl.taa bereunder .ball. in no event. exceed the paul ~nt of tbb obl1,.tion .1 herein IUt.d. The Surety. for v.lue rece1Y1d. hereby .tipul.t.. .nd .,r... tbat the obli,.tionl of'..id Surety .nd itl bond .h.ll be in no v.y t.paired or .ffected by .ny extenlion of the tl.. witbln which the Ovaer ..y accept lucb 11d; .nd I.ld Surety doel h.reby w.ive notic. of .ny luch e.tenlion. XW VITXESS VlZIIOF, the P~iDCi,.l aDd the Surety hAve_he~euDto .et their hAnd. aDd ...1., and .uch of th.. a. a~e corporltion. ha.e clu.ed their corporate .ea1. to be hereto affixed and the.e pre.entl to be Illned by their proper officer., the day and year flr.t ..ntioned. (L.S.) Principal ~. ~ or ~E OF CQllKUNZrr Drvrl.l:JPHrN't COHKUN:lxY DEVEl.I:JPHEIrr .r.ocK CRAn PR.o..NJf SUBCO~TRACTOR'S CERTIFICATION CONCERNING LABOR STAN~ARDS AND PREVAILIN5 WAGE REQUIREMENTS o (A;propr~.c. R.c~pj.nc.): DATE PROJECT Nu,:aER (It .nll) P llO.J'tCT NAl"Z /0 The undersigned, having execueee a contrac~ wich ICon~aceor or Subconer.ctor) for INaeure of Work) in che _unt of $ .n the construction of che &beve-identified project. certifies that: la) '1'he lAbor StandArds provisions of The Contracc For COnstruccion are included in the aforesaid coneract. . ID) Neither he nor any fira. corporation. partnership or a.sociation in which he has a sWlstantul ineerest is designated al an ineliv11:lle contractor by the CoIIpuolle= General of che United ScateS pursla&nt to Section 5.60Ib) of the J1e;ulaeions of ehe Secretary of t.ac=. P~ 5 (29 CrR, "an $), or pursuant to Section 31a) of che Davis-aacon Act. as ...nded (40 V.S.C. 21&.-2(&)). Ie) No part of the aforementioned contracc has been or will be la!lc:onuac:ced to any sWlc:ontrac:tOr if slK:h l\Ibcontrac:tor or any fira. corporauon. partnership or auoc:iation in which slK:h sWlcontractor hu a I~tantial intarest in c!.si;n&tec! as an ineligible c:ontrac:tor pursuant to the aforelaid regulatory or ltaeutory provisions. He aqrees to o~tain and forward to the contrac:tor. fOr tr6naa1 ttal ~ the. reC:ipient. wit&n ten days after the execution of any l_r IWx:ontracc. a SWlc:ontrac:tor's - Ce~fic:atiCln COncer1linv lAbor Standarc!a and PrevailiAg wage Jlaquiraentl. exec:uted ~ the lower tier'sWlc:ontrac:tor. in duplicate. (a) '1'he vorlclllen will report for du~ on or &be~ (Date) I. He cert~fi.s ehae: (a) '%'be leVal ~ and che ~Ia&iness ad=e.. of the undersigned are: ID) Tl\e unclersi necl is: (1) A SINGLE PIlOPJlIETORSHIP: U) A COUOM':ION O!lCAHl:.ED IN ':HE STA'lZ OF: (2) A PAJmlESHIP 14} Cl'nID ORGANIZATION CDescdbe) T?\ ~j, t.l and accr f ~~. ownar par~ ff.car. of ~n. ~ d lc) en..-. a ... 0 . . ar. or 0 ~ .r'lqn. are: NAME TInE ADDRESS . .- ld) '%'ha n&ae' and adelr..... of all o~.r per.ona. bo~ na~ur&l and corporate. n.vlnq a .ub.tAn~ial in~ara.~ in ~e undersigned. and the na~ura of tha in~arest are (If no~ ~ st.te): NAME I ADDRESS NATURE or INTEREST . Ie) The n..-s, aC4ress.. and ~~ade classifications of all oChe~ bUilding cOft.~~Oft ~nir,c~n in wtlich ~ha undersifl'ed n.s . substantial 1n~n" an (11 nona. so . . . : NAME AnDRESS '1'Um: CI.ASSIFICATION . ISWlcon~rac",r) - . .y . lSiqnuura) ('l'yped Nue and TiU.) ..,AR.ft I NG u.s. CrlaiMl Code. S.edon lOlO, 2'.it1. 1', rI.s.C.. provlde. .in pen: -flboever...... ..Ji:.., ,...... utt.rs. or publl..hr. "'11 .Ut_nt. Ji:notI.ing the .... to be t.l....... sbdl be tlned not _re t.ban $5,000 oz .iIIpd.OMd not .are cIa&n two lICer, or both.- .. . . .- ._- \. ~ - . CERTIFICATION BY PROPOSEO SUICONTRACTOR RE'AROING EQUAL EMPLOYIoIENT OPPORTUNITY ..._c., _'Me C.."..,,,.. -...ICC T .... u.n,uC:TIO"S TIIis ceniliclti.. i. ....;OM ""au..I ,. Enculi... Or., 11246 (30 F .R. 12319.25). The i.,'....I.. rul.. _ ."ul.ti... ,....;. tilel .., ~i~.. .. ,...,ect,... Clll,..et... .. .., .1 th.i, ,..,.." au~cefttrect.... &h.1I .t.I. .. . _ili.1 ,atl .1 .... ~. . ....ti.li... .. 'M clll,rect wil"M' il he. ,artici,.I" ift ..y "."i... c..lreel .. au~ c...lrecl au~i.cI .. tile ....1 .,,.._ity cl....; .... il ... wh.th., il h.. IiI.. .11 c_,lilllc, ..,.". .... ....., .,.1 ic.l. ...'rueti.... ...... the certiliclti.. i_ic.'.. !hit 'M .ulle...,rec,.. ... ..., iii.. . c..,Ii..ce ..,." .... ......, ."IiCl~I. ia- ._ti..... ...ch aulle..,ract. ...11 ... ........ I. au_'I . ce.,li_. re,." ...,... tile - ...,...... tile ..~ c..".:I .. ,e..ill _k II ....ift ....., .... IUlIe...I.eet. SU.c:O..T....c:TO..S c:..,.,.C:"TIO.. Sullclll'ract..'. H-: 4......: 1. li.w..... ,attici,.... ia . ,.....i... c..t_t .. ..lIe..tract "~ilCl .. I'" E..-' o,,."""'ity 0..... Y.. CI He CI 2. c:.,..li..c...,.". _. ....ioM I. ... Iii" ill _acti.. witlt ..a _1NCt . "He.trect. Y.. CI He CI 3. li.w.. h.. iii.. ell c_liac. ..,.". .... _Nt ."liaW. ...'"'cti.... illCWi" SF.1OQ.. r.. CI He CI ..... R...i.... CI 4. If ..._... i_ 3 i. ........ ,1.... .,Jeia.. Nt_I. _It .i..1 tIIi. certiliCltieL Ct"ilic.'i.. _ TII. illl_ti.. ...... i. '- .... c....I... .. the ....1.. ., __IMp .... "'Iiel. ....e .... "I "I.. .. ...... "..... r,.., ...... TW.. .aTa lCTI~ 3 ClAUD I 135.20 A8.uraac. of e~lla.e. with rerulation.. Ca) Every contract or .Ir....nt far. Ir.nt. la.n, lublidy, or ath.r direct financi.l alliltanc. in aid of haulinl. urban pl.nninl. develapsent. r.dev.lapsent. or reneval, public or caamunity f.ciliti... .nd n.v e~nity deyelapsent. enter.d into by the Dep.rtsent of Houlinl .nd Urban Developsent vith re.pect to . .ection 3 cover.d proj.ct .h.ll cont.in ,rovi.ion. requirinl the .pplicant or recipient to carry out the provi.ion. of .ection 3. tb. r.rul.tion. ..t forth in thi. ,art. and any applic.bl. rul.. and ord.r. of tb. Dlp.rt.-nt i..u.d th.r.und.r ,rior to approval of it. .,plicatlon far ...i.t.nce for. ..etion 3 eovered ,roj.et. (b) Every .pplicatian, recipient. cantractinl ~.rty, contr.ctar. and .ubeontr.ctar .hall incar~r.te. or c.u.. to b. ineor~or.t.d. in .11 contr.ct. for vark in connection vith . ..ction 3 covered pra'ect, the fallowinl cl.u.e (referred to .. a .ection 3 cl.uee). .. '%'be work to be perfarwed UDder thi. eontraet i. on a ,roj.et a..ileed uD'.r a ,rolr.. ,ravi.i.1 .ir.et r.'.ral fi.aneial a..i.ta.e. fraa t~. De,art...t of Bou.iDI an' OrbaD DevelO,..Dt aD' i. ,ubj.et to the r.quir"'Dt. of ..ctioa 3 of the Boa.iDI aD' OrbaD Dev.la,..Dt Act of 1961, a. ..-ad.., 12 O.S.C. l70lu. S.etioa 3 r.quir.. that to the Ir.at..t .at..t f.a.ibl. op,ortunitie. far tr.iniDI aD' ..,lo,...t be 11ve. laver i.e... r..i'..t. of the ,roj.ct area a.' eaDtract. far work i. eaan.etion with the ,rojoet ~ avard.' to budD'" CODeu.. whieh an loc:at.' i., or _0' i. .ub.ta.ti.l part by per.oa. r..i.i.. in the ana of the ,rojoct. .. The part i.. to thi. eoatraet vill e.-ply vith tho ,rOYi.ion. of ..i. .oetioa 3 ... the r.rul.ti... i..u.' pur.u.nt th.nto by the Seent.ry of Bou.in. ..d Orban De..lo,...t ..t forth i. 24 era 135, ... .11 .pplie.bl. rul.. and orden of the Depart...t i..uo' th.r.u.der-prior to the oa.cutioa of thi. eontract. The pare i.. to thi. contr.et e.rtify an' .Ir.. that tb.y .re un'.r no eontractu.l or other .i..bility whieh voul' ,rev..t thea frea c..,lyin, vith th... nquir....t.. C. '%'b. eoatractor will ..ad to ..ch l.bor orl..iution or n'r....t.U.. of work.r. vith whieh he ba. . collocti.. b.rl.i.i.. .'r.....t 01' oth.r co.tr.e~ or uD'er.tan.iDI, if aDJ, . notie. ...i.i., the ..i. l.bor oraanizatioa or work.r.' re'r....t.ti.. of hi. c...it...t. aad.r thl. ..etioa 3 clau.. ... .ball ,..t co,l.. of the Dotlc. i. eOD.pieuou. ,l.e.. .vailabl. to ..,loy... aD' a"licaDt. for ..,lo,...t or tr.i.l.a. D. '%'b. eODtraetor vill iDClu'. thl. ..etioa 3 cl.u.. 1. ...ry .ubcoatr.ct for work 11' eo...ctioa with the ,roj.et .n' vill, at the 'inctioa of the ap,lie.nt for or reei,i..t of r.'.r.l fina.el.l ...i.tl1le., t.k. .pproprl.t. actiOll ,unlUDt to the .ubeontraet upon a fi..i.. thae the .ubcoatr.etor i. i. vlolatioa of r.rulatioa. iI.ued by the S.cr.tary of Bou.i.. ... Urban Deve1oJIIHnt, 24 CFl.ill.. n. eo.tr.etor vill .ot .ubeoatr.et vith a.y .ubcontnetor where it ba. notie. or It.entl.'I. that tbe latt.r ba. b... found i. violatioa of rerul.ticm. 1111'11' 24 cra .ill. a.' vill .ot l.t l1Iy .ubeo.tnet uDl... the .ubeoatraetor ba. fir.t ,rovi... it vith . ,nli.inary .t.t....t of .bility to coaply vith th. r.quir....t. of th... rerul.tio... S. Co.pllance with the provllloal of .ectlon 3, the re~latlOftI let forth 111 24 aK ill, and all applicabl. rulel and ord... of the Depart_nt l..ued thereunder prior to the ..ecutlon of the contract. Ihall be a condition of the Fed.r.l flnancl.l ...l.t.nc. prOVided to the project. blndlnl upon the .ppllc.nt or reclpl.nt for .uch a..l.t.nc., It. .ucc...or.. .nd ...lln.. F.llur. to fulflll th... r.qulre..nt. .h.ll .ubj.ct the .ppllc.nt or reclpi.nt, it. contr.ctor. .nd .ubcontractor.. It. .UCC.'lor., .nd ...lln. to tho.e ..nctlon. .paclfied by the Ir.nt or lo.n .,r....nt or contr.ct throuch which F.d.r.l ...l.t.nc. i. prOVided, .nd to auch a.nctlon. .. .r. .paclfled by 24 en ill. I certlfy that I ha.. r..d the Sectlon 3 Cl.ua. .nd .,r.. to coaply wlth the provl.loa. cont.ln.d th.reln. Date SlCUture Coapl1lY 11_ Addr... - I c 0 I z . 0 c c . I .. ;~ > ,.. '''' Cl .:: Ie - " Q . ~ .. III D " en .. .:: en - r c III .. CJ u 18 ~ 0 .. A. ,- a: c ~ A- Il' ~ ::E Ii en lit ~ - 11.1 CJ .. C .. ::E 0 a: j ~ - ~ z u ~ .. U I 0 'i' .. ~ CJ ~ ~ III C "0 0 II 1.1 I . II .. ; 0 Q II a: - c .. u : c lit ::E lit I. !! a .. - o ~ - o . .!! I i u ~ : "0 II ~ . . - ~ ~ - .. ... r I .. .! . .. - .. c .1 - .. .!t - :& ~ 1 c o ~ ., u .. c ~ .m 0 .: Q. a.., E = o eft ~ CJ c 0 .._LI. u~ m= ~ CD .. :I 60 CJ ! - ... - C II) o ~ -:: 0 Co) .. :I Co) " ::: ! C II) c CD c 0 ~u II) ~ o " C CD > . - I u _. t 1 f . . r I f _I \ I II i 11 Iii t- J i .. .I"~" I!lli n jl. Ij ii I · ~ t. ~tli; 11~ I I f ... ... .. . ii ,;; t . ~ I J j . I I c ~ - fit. .. .. f ! . ~ I . ~ t .. . . . i i 1 I ! , a - " .J I i : I l u c c : I .. ii C E - . J = _ c 1 1 I - !I C _ Z = .. . I i ~ o .. . ~ ~ 1 1 :: II - I i . I c V . I: . . i 0 I . '1 i . . t · ! i . I . 1 i It. I..:! u 1 'I II i .. i i v . t V J : ii I .. . . . . r i ~ . I I f I . I i i i I I J J 00 ! ! 00 . i 1 II I 1,1 ~ J t Ii f f Jill J i f t I I & & ~ i i i ..; . ~ .. I .. .. , lOll I ~ ~ r } :I : S a - Will .. %c! I . C!_ S ~ ! 1 " .. .. :I 0 .. z - 2 C 2 I .. - .. c .. .. .. ~ ; - i ~ i .. .. 5 I .. .. ~ ; ~.. ~I . ipl . ;z ~ IVI I'" c .. .1 C - c"_ Mo C :I J If .. , ! .. ~ : ! ~ : . Z 0 J ~ I ! : liU ~ i IW) Ii .. :.. - c :I J .. i .. .. .. .. .. .. a 0 j ( .. .. .. 1 c .. 0 .. .. - . .- .. . - a a .'11 _ ~ I ~ .. .. 'a - .llE ;;. . . j i .. I .. -.. as - .. 1 ii~1l ~ ; = i .. .. . JI E .-c;, .. c . ~ J H .. i .. 10111"':1 III III _ - L III (J - INSTRUCTIONS FOR COM'LETING CONTRACT CO."LIANCE OUALIFYING REI'ORT .10. c...nGo..... e", tI t... co"....ICI.OI .1l1l'ta'CI,oO at""'" 0' ..,..0."', CH.....'.....; .."'.....,..tett. Ocw..,... -"id' ,..". 1M' ."........ .. _..., "'C"'. ""CIII ....,.11 ''''__''1' tor taee""tOft.f ,..... DO:Ctft. _eel 1fl6. .",1 ............tI . . ..... ...... .f 1M co""..or', ........... or ......... ......,.., CDftWlI'U." 0f'I · r........ "'''M:1 or ... ...... l"'l..on: -.reel"'" .....'" ....,~ ..."....., ".... ....,O.....L ............ ............ .......... aNI ...,.eo -,.en. pr...........: OcCveI''-' -.eft ,..,.. IDee"."'. .... ,__.or.,al II.......... ...eft II vtwIIl, ....,. ''''out" ....... .,....."t or tNOtII" .., ............ ..... .,,.,, I'"'''''' ..... ....... A"'OIJ".... II 4. l.~", IftCauan .......-........... '''''.eM -...".. ....I ......... ~...\. DfYC,I\OI....... ......... ....... Ie........... ...IC.... .......'" IY"..... .....1. SC..".....1. .,.,....... .............. ..... ~.'....l '1'ftMtII....... ...."....." IUCIM'" ., ...."uct.... ... ~...... ........." ,.........: 0ccu0It__ ...... ....,.,. I c............ of ..... K.....'..&C Of .ftftftlgl ,.......... .... ..~I ...11 ....eft ColI' .. ODU-..... tft,ovtI' ......tIeG ............., K..... 1GwCa1.-R . '''row", ",,,,,,,,1 tlA-lMo_ U........ I rei.,... C......,.. or...."""'" IlRCI """Ort. ..tllfMft. ...,......,1. lelfttMl ....al ......... ............,.. ,.... .......... Ift"".caI ell"lttatWL ,,~ IICAAC.... .ftNC..... .......... deltYI. MtCI,.... ~ .___. ......... .......... ... ~...... ..or.en. s.. Occ........ -' ....0 .. ., .f ...."" ..... ....; ..CI\ai... .f ...-.en. of .... ~..... ... .f W'IrC'II tel .............. of ........ _ ..... ........ _ _A ___ 0IIlI ."....... . . .,.........,.. ., ~...... .....' ....., .",.... OH.. _ ao..., 0..-_ ... _ _..... _ '1U.1 .14" 'or 1ft..,... .... ......... aRlM-ftlU...... NeW........ ,..,..... .f ... ....,. .....IINI.*' .... ...... F ........ ,...... M ... O"in. IftClyOn' ................ .......... eMia ......... ~.II.. cl.... ........ '...........,L .."'... ...... _1CRIrI. ..."... C..,.,. ,...".. ..... . .... ~....,.. ...... Sk.....~ Occv........ .. ....e.. _~IPI DI'f...... .... __ '.-wlr, ..... .......... .".. . ........ _ .........AIi1.. II......... of I'"~ ....... ........ ... .... ... ._ .. 'P'W ~ .".."'" ....'fteolOb .,.."'.... .......... tIII'euI" .......... - .'IM' tor..... .,........ ........... 'ftCl....-s .......~................-.cu~ ..... ...,."""'. ............ ...'1OftIfY .,. _r.. ...... 1ftMtWlI.... KCu......... car........ ..... _. _ _Wf'I ... en-ne..... .... ......... ....... 0-.._ 1'-__', Occu..._ ... _ __... _ .....y ,....... ., ..'" ........ .... ... '...... .... ......... ".."...... .all"...... . ........... L......' Cu....I&HI: Oec....'loA, If'll wflrcft , wor~.. .,..,or~ . "..... .f .........' ...... ." .". .....,,'....."'.. ,..... '''0 co"'''..e..... .f "........... "'''0'''11. 'l\CI .'"'' IK....... .- ........... ....... MIO .,.,.. ""..,.... to. eftCI 110ft .........'.. lIIIIOf. .... ...U.. ..,.." 1ft , ".... s..... W........= OcCU..,....... ","ue" ........, ...,..... ....., wftCft ,...,.. III. &tift'"'''' .. "" co...,.". COftWft~ ".NO .,.. art .f ............. '..It.1ft .' POUI'lOl of .....e .,....... WO,..,.If'I,,,.......... ...,... t'ftIC"....,,,. I"'.....; ...."turI. ..u...., PCI or. Cl.,,,.,,, ............ ',uca ........ ., .....L ~... ......... CUll"'" ............ ........., .... ...ftCI......,." ,...... ..'"'.... __"we..." _"L II. CU....ENT WO"& fO..CE ,.... cae....., II . "'._ .. ""',...., CWNft. .............. ........ A To.'I..........f lIfftUIOIIIft: T.. COII"._ II Ie .... .... .... 'D.aI ........, 0' ......... CUfNft.ty ......... 1ft UCft ... cat...,. .. ....; T.. __ .... __ ,,;. ._....._., I.... I....L..II. ... .... _. ... .. C8Iwfftft 'er .... ... a...... C. .........: TIll CDfttr__ ill . .... .... CUf,..., _...... .t ........., .f M.... .... ... .... ... ... tiki aturfIWI ter NCft -...-.... D. ....... hcitiC ........: TIW ....".,.. . . .... ... CUf'f'l'ltI __ .t ............ .. AN" ., 'MdIC ...... ..... III __ _ ... __ fer __ _u......... E. ......1UfI ,....... . ...... fII.....: n. _If..- .. ..... 1M curren. ____ ef ....... : .... .. ....... ...,... 1.If\OIIa..... tA'" _ 1ft 1M _Ulllft' " .... ... ca,....... f. TMIl M_, T" ..._...._...__......... COI""", .... . ........ .. ..... eM ........ "-fl_.1 .f 1_... M_. ..._. Pie"" ._. A_..... 1_. _ .......... ........l1Ial&....L.r.."".. 1M....' ...__..... __In.'' G. TMIl'-.,..__..____,,_.... .... .. ... ......, .f....... ........ ........ .......11.. II' .... .. cateIIIfY. - III. UNDEaurU.IZATlON T. ........ ....... ......t........ ..tift. . COAWM.... ......... ........... ........ .. ....... .........,y.. ............ .... -..... ........ ...........- .. .... _ ct..,..o..... .. ___ ...... ........ '.........." ...._... _ _k'w. AItw ...... ..... ............. ... c.-.,.,., ....... ....... . .-..r_ I I.... _... _ _..._-. ...-, I. _."_W. IV. ANTICIPATED MI..,NG TIM ...."... ...... .It .... ....,..... .f ........... "" .....,... ..... . .... ..." .. ..,.... ."....".. .... '....U...."II "_..u~. APPENDIX I Cat.", ColltrlCtoFl eac:ellt C_trllCtlOll """C1l1Al 8"';11_ LOCIItloll SIll 8e_,lI,l\O Coullty GNI . 'I,i.., Witll Ri..nll. . SIll SI'".'O,lIo . 01111"0 S.M.S.A. ColItrlClOn ,.,,1It COllStnlCI'OlI Withill Los kllti". LolIg 5alCll, 0, 11I,,1ncl SIll Oie911 S. M. S. A. Leal S. M. S. A. . eo,nra.::cn ."QD't C'on.IIUC&.~ Yli:~.~ :':.:orniA. t:.It ,..ot SIr. i.,,.,Mo'l':::l. 0,."". ...111 Al\~IS, SIr. CieljO S. M. S. A. Arel lIus,_ IlICIt'd. UN_ ""' officii ill RiveniCII . s.. 81_nIil\O . CllIu,jo S. M. S. A. _ tile" PUIIY _ II Number 2 _. c.:',:~:~ac:on l;,c:c::t C::'IV\J:"..o<: o..~Gt !:Il,':,,,,, PrillCillli plICa of tlustlllU ~.~:~.o:s ...capt c:)r.aU16C-..Cft ."'J.. i..:cI; lUff Wi.., Wit:: R:..,~OI . s..., iI_nIino . O:-lWIO ~ M. S. A. Const;lICt'OlI ec.."\lrKtOn HlA l'!iftn;cII . s..ilntItd,no . 01111"0 S. M. S. A. GQAU FOR WOMEN IN CONSTRUCTION Or: A:;.',: : 7. :.78. :/".. ~':II"ftlIl'lt of ~. Offici crt F_II ConIrlCt Comlll~ Progr.llllllt.i1i.S.....c !lOlls fo: ~.. ~..1Ci1ll"0lI of _" in .. _1NCti0ll indusuy. 'nine fOIlS. lllIlic:tllblll -'Y III .. _" force ....,.. QI.'.... crltu.. lllilll, .a .........~... ... .. folIDWi"l: Ti.... Fr_ GOIII liA '--'tl April 1. '171- u.dt 31. 1171 :1.1 Aprd '. 1171- u.dt 31. 1110 5.0 Aoril1. 1110 - u.dt 31. ,''' u AFFIRMATIVE. nON POLICY FOR CONTRACTO. ANO VENOORS N_ of (;11""<<_ ..ollts chiS IIlan Co .ffl~ Its IUII"".e ol . llrol'= of ."...1 _Io"..nc o"onunley, .n. to lS.ure cDDIIllaoc. wleh latcuelv. Or..rl 112.' .n. 11J;~. 1ltl. VII ol tho CI.II RIJfttl ace ol 1". S.Ctlon ~03 t. eh. R.h.Dllleaelon ace of 1.73; tn. C.llfoml. F.lr t.lllo~ne '..ce~c. ace, .n. tn, 1.,1I.~Ofttlnl onC'C~'~ alft"""tl.. action C_liance '.o;r... naa contr.ceo. .Ir... Co .....e I......hlp "lthln en. c~~niev .n. co put toreh 1004 hHh ,fforel eo IC~le\.. full ..pI07'"On: .n. uUI1U:lon ol :h. cap.Dillel.. "'C ,rOOuc:a.vlC')" of .11 our c1tUlns vlt.bouc I'.;ar(l to r.~.. .,_, color, ..a, I'.h;,~oft. ane.,C!')", n.u,o~~ ..1;1.., as.leal le.euI, or han.leap. This conllIC:.' Iwn/ltr ..Cllt"iICI "'.1 Ille effect... 11IDli"liOtl 01 . lIOIicy of __I ./ftDlov-..1 oODortUft'lY in.ol... ,"Dr. Wft jusl . poI,cY lu_nl 1/10 _II, ",...10... ,,"o.nlll. .ffi"""", _,OtI 10 _Il. .....- lllal 'QUal OIlDOI'lUftll.tl M' ....il.lII. 01\ "'. "'"1. OI,ftO;";O...1 /ftent. .llCIIII IftCOUU,' aoVlnc._nl OtIIIl'IIInIL Tho foll_n, Alfittftluwe Ae1ion Prot,IIft it ......Dy nulllillltd II 1IW lIOIicy INS 1It__ of ou, CllIftlllny: IMlructi_: Indialt your lIo1in Dy circlill, 1IW .DPlicalll. "nor III ItlI II" of NCIl i_ below. Tho I.n." ... III III iIIl1l'11fe"oas 1011_: A. 'This is _ I orlCtico of OU, Com_y. I. Our Comlll"Y woll _Ill VIii lIOIicy. Co Our Comlllny a_at.. will 1\01 aCIOlIt lIlis lIOIicy. If we:- is circled. .llpla;;' ..ason. Use MllIr.1e sIlen if lCICIilioftal _ is ~ Cirel. I 1t.1llS One 1. Our _Ill"" IIlalI rKNn _hire III 1ftIOI_ willlout ~ .. fICO. .... .... _. leIi..... _allY. A Nli_1 or,.n. _nUl 'U1lll Dr _icao. _ will ...11111 __ ICIIdIly in fftIIICt .. __1_ _ o~_lia for ICIw~ lIIC!uCIo"l ullPaclitlf....__ . c E6/IIUI -C- - 2. ~ CDll'lDlftY win JC1infy ...rweruilmeftt IOUrCft sucta . '--1.1~_.t ...- ~ ...... .... schOOlI WlIIic!I A ..... IlIOIicY .1 1Wf"",,, ...._11 ... Illrllilc-uni...tDfy ..... . C E~ -e:- A :a. Our CDIIlOIIlY will oill...,;..... ill ."i""'tift _ion JIDlicy _......., Dy inf........ IIICIlli~ft' il WIlli II. -"'_1 _tell. Dy _....... in _ ..... IlllCifically inCI........ lftiftOft1Y _ _l1li, _ .., IIDulyinf _ dilCVll'"l lilt lIOIicy ..III all local ..,;~..,. I\IIoCIicuMsl _ _.1 .......1111.... and . lullcDllUIC1or1 _ l/1li1 _"'Yoft __I .'1/10 ......_.l11li1 - C E~-r .C. Our __ l/1li1 _Il. IlMCific _ C_I.., ~. _it",,- .... ..a1 NCfUiIllllflI .f10"' direeled .1 III A local lIlinonlY. """"uppe,, _ _'1 .1IflIJ11I_. ;..elICIT' ICIloolI. 1ICNi_' ..... V........ .""".Ii_ . I C r...,_ -c- , ~.... 0... . 5. A i . C a.."" Ou. __ ....11 ....... ~. ..fic .ffeftl '0 ........,... ........., ...~ty. I- Jiu~ and_ ........._. to recf"" tft.., "....ef. Iftd. relltiwft ...... IUllA allO CINftI1 UftCMr ..., .f ",.ftOt'lY. ~&UCIOI'd .r ~ E 6p1M1t -r:- II. Ou' CO"'o."Y ...11 ....,,,,..,, . fill of tile no"'"'. Iftd 1110'..... of .1CIl ",i"ority ,oolian,."" 1''''11. A .00IiCl'" '.1....0 '0 ,". CO"'o."" 10' ",""" ."" ,I lit. 100hCO"' .. no, consid..1G 10' ....010""'.'" 0' ..., "O,.",p1oylG, 1/1. COftIo.""., iii. ",.,10 OOCU_"' - IftCI tII. ...._ lIte..lo,. . c /II. . c A . c /II. . c /II. . c /II. . c E 6Pl1III -r:- 7. ~. C_"Y ....U 1I0elly elll _1111111e11l1 alleley CaIlerlce Coeplla11cl OffiCI. ""... elll ...len 01' UIIl"". vUIl "". OUt C..,."" Ilaa I coUacet... '..pUt101 ",,"_oe II.... DOC ..t...... co CII. c"","y I oillo.lry. IuIlldlc&pped. 01' f_ll "".kl. HOC for by CIII Cor,llll1 o. elle C_II)' 1uI. oelll. lttforuUOII CUe cae UII1en nflrr.l proc... Ita. lope.ld cae c_"y" Iffo.e co ...e CIl1 l.cool1.llad lOll. of Iff1~el.. ac&lOB. E6P/_ -r:- LOu' _"" ...11 actiftly ta'" It"" . in"".,. 1ft\' .-iu-, *1II_a ... "lilt Iocati_ -icllluI.. 110 _ or _It.n 0' ... __ suffacl WI" _ pan_It ..- Eq/_ -r:- I. Out C_Dl"" ""'I i_ lItll all ........,.. ~fj~ IIlactiClft _irwtNlI1I" 11111. IIIlI otile, ......_ ~i_,... ......_ III_a.... _ tIiIcriminau apilllt ~_ 11'---". Uld..,__ lq/MII -r:- to. WIlt.. .._.... _ _III"" tIlaIIlIeooIOII ., fi_ _....job 1raifli,. __iliel IIIlIIII,,;allltl ..... lUis, ill lIlY __ .. ........,.. ..... IrIini,. ....._ ........., . till -...,"IfIllIlOY" naacIL E6pJ_ -C- 11. Our __ 111111 cDlltiftwlIy inftft.DfY ..... ...11_ ai, IlIinori,." llIIIlIiallOld. IIIlI ........ IIIf1OM11 tor lit_lion '"'""""..... _ _'... ""_.,., IftlI ....... IIllpIDyIft . ... IUCIl .,..".,..;tin. IAP/. -C- COICle 0... 12. A I C 11_ Ou, _0.... ....., _... .... Nt WftiDril" 1I'_.ca. iolt cI....fic......... """ .f DaY.'" 0_' t.,,"'.f CO"'D''',al.OI'\. "'.. at"~1 ..".Dtcwn pllC'ltCft ... Clnlific.llionl .. nol ...... -' unl....fully dllC"""""Of'lW' .".CI on ""'ChC.~ ......oney 0' __ ....111..,.... Eltlll_ -C- 1~. Our CO~Dlfty well mall. "",.n .".. ,U facilitlfl normllly u'ed eorteu,r.ftUy by III cO""~"Y Ktiyuin ,r, A "OII''''''~I.d. I c EltpJM "1:- A " Our c.,..,,. ....11 ..... c.n.lII e...e .U .ultcllllcr.ceo~ are 111 CooplulICe "tell CII. o ACUmaUYc Ace11111 toapl1a..ce Pia.. of ell. lapl_UIlI anUt)' , MIl lilac aU proj.ce .ultcllllt:~eeorl ..... an approved Afflraaelve Acelon Plan. . c EltplMtt -C- 15. Ou, com_ _ Iolicit 11_ flit IUIIc...trK"oI f..... IIlinoney su_lraCIOtI.nc1 ..lNIe IUlIconvSC'lOl'l A IUflject to "."_ey. . c E__ -C- - - 11. 0.., -III..., IIIaII ....... ftOtY -'fort ID pr.,.;c1. .r 1CIIocII. .._ ... "..Iion ....1II~nt IDlIlinwiey A youlftl. . c EJtpI_ -C- n. Our c.......,. allaU conUtluall)' _lcor aU ",,._1 acU""U.. U 1t1Sun c...c tile A lIIpl_UIlI enUC)". AlflraaU". AcC10n hliC)' for CoecrlCura ..... VeMon U carrlell OIlC. . c EltplMtl -C- . G.. ~- no. C:UTtrtCATtOll or C:OMPLtAJIa WITH Atl An VATU ACTS (Applicabl. eo r.d.rally a..l.t.d con.erucelOft coneraCel a"d related lubcontract. e.c.edinl $100,000) .,{' Durinl the perfo~nc. of thi. contract, the contractor and .11 .ubcontractorl .hall c..ply with the require.entl of the cl.an Air Act, a. ...nded, 42 use 1157 .t ..q., the Federal Vater Pollution Control Act, a. a..nded, 33 use 1%51 et I.q., and the r.lulation. of the Invironaentel Prot.ction AI.ncy with r..pcct th.r.to, at 40 CFl Part 15, e. ...nd.d. .m Execut;ve Oroer 11738. In addition to the foreloinl r.quir...nt.. all non....pt contractor. and .ubconcractorl ehall furni.h to the own.r, the follov1nll (1) A .tipuletion by the Contractor or .ubconcractor., that any facility to be utilized in the perforaDnc. of any Don....pt contract or .ubcontract, 1. not li.t.d on the Li.t of ViolatiDI raciliti.. i..u.d by the InvironaDntal Prot.ction AI.ncy (IPA) pur'YADt to 40 ~ 15.20. (2) Alr....nt by the contractor co c~ly w1th all the r.quir...nt. of S.ctiDft 114 of the el.an A1r Act, a. ...nd.d, (42 VSC lI57c-l> aDd Sectlon 301 of the Fed.ral Wat.r Pollutlon Control AcC, a. ...nd.d, (33 use 1311) r.latinl to 1n'plctlon, aonltorlnl, .ntry, report I and inforaatiDft, a. vell a. all oth.r r.qulr...nt. 'plclfl'. lD .ald S.ction 114 and S.ction 301, and all r.cu1atlonl aDd Iul..11D.. lllued th.r.und.r. (3) A .tipulation that a. a condi.lon for the avar' of the contract, -pr..pt notlc. will be li..n of .y DoUUcatln nC.lv.' fr_ th. Dir.ctor, Offic. of ,.d.ral ActlYltl.i, EPA, lD'1c&tlDI that a facl1ity utiliz.d, or to b. utl1lz,' for the cODtract, 11 aDd.r con.id.ratin to b. lllt.d on the If A Lilt of Violatlnl racllitl.l. (4) Alr....nt by chi COntractor chat he vl11 1oc1ud., or caul. to be includ.d, the crlC.rla aDd nqu1r...nt. In paralraph (1) throulh (4) of thia ..ctlon 111 ...ry _...,t lubcontract &ft' nqu1rlo1 that .the Contractor wl11 take eucb action a. the eo..raaeDt ..y direct .. a ..an. of .oforclol nch ,r."ldonl. I c.rtlfy that I have r.ad the Certification of C~lianc. wlth Air and Vat.r Act., and air.. to c~ly with th. ,rowllione cntaift.d th.r.in. Dat. Slanature e~any 11_ Addr... .ORM O. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we a nerelnafter called ?rlnclpal" and hereinafter neld and fIrmly Dound unto called tne State of Surety", are of , in tne pena I sum of Dollars ($ in lawful money of these Unlted States, for the payment of whlCh sum we" and truly to De made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. nerelnafter ca 11 ea Owner" THE CONDITIONS OF THIS Principal entered into a the day of is hereto attached and maae a part of: OBLIGATION is SUCh that Whereas, the certain contract with the owner, dated ,19 ,a copy of WhiCh hereof for the c~nstruction NOW, THEREFORE. if the PrinCipal shall weli. truly and faithfully perform its duties, all the undertakings, covenants, terms. cond it; ons, and agreements of sa i d contract ouring the ori gi nal term thereof, and any extensions thereof which may be granteo by tne Owner, wi th or wi thout notice to the Surety, ana if he .sha" satisfy all claims ana demanos ;ncurred under such contract, ana Shall fully inoelllnify and save harlllless the Owner frolll a" costs and damages wh i ch it lIIay suffer by reason of fa i 1 ure to do so. and shall reimburse and repay the Owner all outlay ana expense wnich the owner may incur in making good any default, then this obligation shall be voio: otherwise. to remain in full force and effect. PROVIDED, FURTHER that the said Surety, for value receiveo.hereby stipulates and agrees that no change. extension of time. alteration or addition to the terlllS of the contract or to the work to be performeo thereunder or the speCifications accompany- ing the same shall in anywise affect its Obligation on th;s bond. and it does hereby waive notice o~ any such Change. extension of tillie, alteration or aOdition to the terms of the Contract or to the work or to the Specifications. PROVIDED, FURTHER, that no final settlement the Contractor shall abridge the right hereunder, Whose claim may be unsatisfied. between the Owner and of any beneficiary IN WITNESS WHEREO counterparts. each one the day of this instrument is e of which shall be deemed 19 - .:uted in sh (6) an original, this' ;>r-,nc,pal (Prlntlpll) 5etretlry (SEAL) By (Address) " Witness IS to ;>r-lntlPII I Address) Surety ATTEST: By ~tto~neY-ln-tact (5urety) Secretary ( SEA L ) . Wltness IS to Surety Address I Address) NOTE: Dlte" of Bond must not be prior to oate of Contract. , . . FOIM OF LABOl AND KATEltALS BOND Th. t we & "Principal" .nd hereinafter DOW AU HEll BY THESE PRESEIlTS, h.r.in.ft.r call.d called the State of "Surety", are held , hereinaft.r firaly bound unto c.ll.d "Owner" I in the penal .- of Dollar. ($ ) in lawful .oney of th... United Stat.., for the payaent of which .- well aDd truly to be ..d., we bind our..lv.I, our heirl, executorl, adain1Itr.tor. and .ucc...or., jointly and ..verally, firaly by the Ie pr...nt.. TIE COKDITtOll or TlIS OBLIGATIO. i. .uch that Wh.r.... the PriDcipal .nt.r.d into a certa1n contract with the Owner, dated th.. day of , 19 , a copy of Which 1. her.to .ttach.d and ..de a part her.of for the con.truction of, WOW, TlElEFOI!, if ch. PrlDclpal .hall pr~tly ..k. payaaDt co all per.on.. flraa, .ubconcractor.. aDd corpor.tlonl furnllblDI ..t.rl.11 for or perfora1DI labor lD the prol.cution of the work provld.d for ill luch cantnct, and .y .uthorla.d eztnl10n or -'Ulc.Uon tbel'lof. lDcladiDI all ...antl daa for ..terlal.. lubrlcantl. 011. 1.lo11D.. coal aDd coke, repalrl on ..cbll1'.. equi,..nt ad tooh. canl_d or al.d lit connection witb the canltruction of lucb work. ad .11 In.uranc. pre.i_ on I.ld work. ad for .11 labor, perfo~d 111 .ucb work wh.th.r by lubcontractor or oth.rvtl., thall tbl. oblll.tlan .hall be void; oth.rwi.. to naall1 ill &11 fore. and effect. PlOVIDEJl. IU...U.... that che .ald "l'Icy. far "ala. I'Ic.i_d hereby Itipul.cel and &11'1'. that 110 cbalaP. .xtnl1on of ct.e. .It.ratlan or addltion to the teraa of che contract or to tbe work co be perfo~d th.reund.r or the lpecificatian. acc..panyinl tb. .... .ball 111 anywi.e .ffect ita obUlation on thla bond. aDd 1t doe. hereby val_ _tic. of .ny luch chanp, .zteDl1on of tl_, .It.ration or add1t1an co cbe Cerat of the Contract or to the work or to cb. Spec1ficaUanl. PlOVIDED, ~'rI!1, that no fiDal leul_nt beeveell the Own.r ad the Contractor lhall .bridle tha rilbt of .y beDeflclary h.reund.r. whole cl.i. ..y b. anlatl.fled. IR VITKESS VHEISOr, thi. in.trvaent i. ezecuted ia .i. (6) couacerpart., each ane of which .hall be d....d an orillnal, thi. the day of 19 ATTEST. . (Prlncipal) Secretary (SUL) Vitae.. a. to Principal CMdre..) ATTISTI (Surety) SecncafJ (SUJ.) CAddreu) Princi pal Iy CMdreu) Santy Iy AttOrDey-la-'acc (Mdn..) CERTIFlCATIOf Y PROPOSED CONTRACTOR RE~'RDING JAPAh_~E CONTRACT RESTRICTIONS ~aekCfround ection 109 of the Public Law 100-202 imposes a can aqainst the use of orei~ contractors and suppliers who are from countries that iscr~minate aqainst U.S. f~rms in public ~or~ projects. To date, Japan s the only country to wh~ch these restr~ct~ons applY., The,can applies .0 construction contract~r. and to arch~tect~ral, enq~neer~n9 or,other .ervice. directly relat~nq to the construct~on or rehac~l~tat~on of ,lublic cuildinqs or. projects. A firm is affect~d,bY the can ;f 50% or . 'Iore of its stock ~s owned or controlled cy a c~t~zen or nat~onal of a ~oreiqn c~untryinclu~ed on ~e list of foreiqn countries that discr;m- Lnate aqa1nst U.5, f1rms pub11shed by the U. 5. Trade Representatlve (USTR). General partnerships are also covered by the ban. A clause entitled "Restrictions on Public Buildinqs and Public Works Projects" is included in the cody of the construction contract for the proposed ~roject. This clause provides detailed definitions and restrictions pertaininq to the award of this contract. rhe bidder referenced celow is the firm, company, corporation or its representative proposinq to do work on or supply materials for the project. con~raetor's Ce~ifieB~ion Biddinq contractor's Name: Address: 1. Bidder is not owned or 'controlled by a fi:1l(S) included on the list of countries that discriminate aqainst U.s. firms published by the USTR. TrUe False 2. Bidder has not or will not subcontract with a fi:1l(s) owned or controlled by a country on the USTR list. TrUe False J. Bidder will not use any construction prodUct or materials permanently affixed instrWDeftts, equipllent, ele=ronics devices (excluding vehicl.. and construction equipllent) of on the' USTR list. TrUe False includinq or other a country Certification _ The information above is true and complete to the cest of my knowledge and belief. Name and T1tle of S1qner (please type) Note: Slqnature Date Failure to complete this fora is cause for rejection of the bid as not being responsive or responsible. LABOR S'1'ANDARD :I :I AND PRO V :I S :I 0 N S . ...c era I Labor Standards P isions . A -, ,..__~"'.._..__c_...- ..cI ~. _"lle.-..... ~ s... 0<.- -.. .........; ,..... &"aDCIt ~ ,.."....,. ....lIftGIUIIIlG 11'\" QoftnCI _....,.,.. ., .. ~_....... &DOACI- II:> IWC1'\ ~""'I UII.arca. .. t. en Iih.~ w.... An ...,.,. ,fIG "'ICNftCI ~ Of .... ..... .. _ "'.. _lOt _... u_ Slows ..-. AcI 0< _I:n fII....,......'" ACt" ,... If' N CIIftIINCIO"." I: ._.1 'N.. . :c ...NIlI_.....-....,-........-.....-. ..__"'1 l__rl.--....--- tIttII:I'o ....,.ell _.......... u .. .... n__ '" fW9Y111Oft1 ...... .,.. ~....Jf III \.aIOf __ N ~ AI:! 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I __, .. a... ... -...cs _. ___ . -...-ow ....,... -AI'" . MUD4010 a., Title 29-Lcbor Subtitle A-office of .the Secretary, of Labor PART 3-CONTRACTORS AND SUB. CONTRACTORS ON PUBLIC BUILD. ING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES 'ART ~BOR STANDARDS PROVl. SIONS APPLICABLE TO CONTRACTS COVERING FEDERAU Y FINANCED AND ASSISTED CONSTRUCTION . SECTION: 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.B 3.9 3.10 3.11 3.1 PART 3 CONTRACTORS ANp SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE DR IN PART BY LOANS DR GRANTS FROM THE UNITED STATES Purpose and scope. Definitions. Weekly statement with respect to payment of wages. Submission of weekly statements and the preservation and ;nspeet;on of weekly payroll records. Payroll oeouctions permissible without application toor approval of the Secreta~y ~f Labo!. Payroll oeouctions perm,ss,ble w,th the approval of the Secretary of Labor. Applications for the approval of the Secretary of Labor. Act;on by the Sec.etary of Labor upon applicat;ons. Prohibited payroi I deouct;ont. Methoos of payment of wages, Regulat;ons part of contract. Purpose ana Scope This part prescr;bes -ant;-kickback- regulations under Section 2 of the Act of June 13. 1934. as allenoed (40 U.S.C. 276c). popularly known as the Copeland Act. This part appHes to any contract which .is subject to Feoeral wage stanoaros and wh;ch ;s for the construct;on. prosecution. completion. or repa;r of public bu;loings. public works or builoings or works financeo in whole or in part by loans or grants from tbe Uniteo States. The part ;s ;ntenoed to ai~ in the enforcement of.the m;nimum wage prov;s;ons of the Davia-Bacon Act and the var;ous statutes oeal;ng with Federally-assisted construction that conta;n s;m;lar m;nillulI wage provisions. includ;ng those prov;s;ons which are not subject to Reorganization Plan No. 14 (e.g., the Co"ege Housing Act of 1150. the Feoeral Water Pollution Control Act. and the Housing Act of 1959), and in the enforcement of the overtime provilions of the Contract Work Hours Stanoards Act whenever they are applicable to construction work. The part oetails the obligation of contractors ana subcontractors relative to the w_ekly submiss;on of statements regarding the wages pa;o on work covered thereby; sets forth the ci rcumstances and proceoures . governi ng the maki ng of payroll deductions from the wages of those employed on such work; and delineates the methodS of payment permiSSible on such work. 3.2 Definitions AS used in the regulations in this part: (a) The terms "building" or "work" generally include construction act;vity as distinguished from manufacturing, fur- niShing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, suCh as bridges, dams, plants, h;ghways, parkwap. stre~ts, sub-:ays, tunn~ls, sewers, ~ains, powerlines, pumplng Stltlons, ra~lways, alrports, te~lll1na1s, ooeks, piers, wharves, ways, ',ghthouses. b~OYS, Jetties, breakwaters, levees. ana. canals; ~reog1ng, ,shoring, scaffoloing, orilling, blast'n~. excavat,ng. ,clear,ng, and lanoscap;ng. Un 1 ess conducted , n connec~i on wlth ana at the site of such a bu;lding or work as 1S oescr;bed in the foregoing sentence. the manufacture or furnishing of mater;als, art;c1es. suppHes, or eQu;pment (whether or not a Feoeral or State agency aCQu;res title to such mater;als, articles, suppl;es. or equipment our;ng th~ course of the manufacture or furn;sh;ng or owns the lIaterials from which they are lIanu- factureo or furnished) is not a -builoing- or .work- within the lIean;ng of the regulat;ons ;n this part. (b) The terlls -construction.. .prosecution-. .completion-, or .repa;r- mean all types of work oone on a particular builoing or work at the s;te thereof. including. without li.itat;on. altering. remooeling, ;)&inting and decorating. the transporting of lIaterials ana supplies to or from the builoing or work by the employees of the construction contractor or construction subcontractor, ana the lIanufacturing or furnishing of materials. articles, ~upplies, or equipllenton the site of the bul10ing or work. by persons ellployed .tthe site by the contractor or subcontractor. (c) The terms .public builoing. or .public work. ; nc 1 ude buil di ng or work for whose constructi on. prosecuti on, complet;on, or repa;r, as defined. above, a Federal agency is a contracting party, regardless of whether title thereof is in a Feoer'a 1 agenc,Y. (a) The term .builoing or work financeo in whole or in part by loans or grants froll the United States. includes bu;ld;ng or work for whosl construction, prosecution. cOlllplet;on. or repair, as defineo above, paYllent or part paYlIlent ;s made directly or indirectly fro. funds provided by · loans or grants by a Feoeral agency. The ter. incluoes build- ing or work ~or which the Feoeral asistance granteo is in the forlll of loan guarantees or insurance., lel Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or pUblic work or building or worlc financed in. whole or in part by loans or grants from the United States is "employed" and receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" includes a spouse, ehilo, parent. or other close relative of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a corporati on closely connected w;~h the contractor or subcontractor as parent, subsidiary, or otherwise, and an officer or agent of SuCh corporat;on. (g) The term "Federal agency" means the United States. the O;strict of Columbia. and all executive oepartments, ; noepenoent establi shmenu, aomi ni stra the .agenci es, . and ;nstrumentalit;es of the Un;ted States and of the Oistr.ict of Columbia. intluding corporations. all or substantially all of the stotlc of whith is benefit;ally owneo by the un;teo States, by the Oi str; ct of Col umbia, or any of the foregohg oepart- ments. establ;shments, agenties, ana instrumental;ties. 3.3 Weekly Statement with re_pect to payment of wages. . (al As used in this section. the term -employee- shall not apply to persons ;n classit;cat;ons higher than that of laborer or mechanic ana those who are the ;mmeo;ate superv;scrs of such employees. (b)(ll EICh contractor or subcontractor e~gageo ;0' the construction. prosecution. completion. or repa;r of any public bu;lding or public worlc. or builoing or work financed ;n whole or ;n part by loans or grants from the United States, shall furnhh each week a statement with respect to the wages pa;o each of its employees engaged on work covereo by 29 CFR 'arts 3 ana ~ during the preceding weekly payroll perioo. (2) Each -State.ent of Compliance- shall be signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employeo unoer the contract ana shall certify the following: . (;) That the payroll period information requ;red to be mahUhed under thi s Chapter. 29 CFR Part 5 and that such correct ana complete; conUi ns the 5.5(a)(3)(1) of information ;s (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period hIS been paid tne full weekly wages earneo, without rebate, either directly or indirectly, and that no oeduetions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 3.5-3.8; (i i i) That each laborer or mechani c has been pa;O not less than the wage rates ana fringe benefits or cash eu;valents for the classification of work performeo, as speci- f;ed ;n the applicable wage determination incorporated into the contract. . (3l The wilful falsificat;on of any of the above certi- f;cat;ons may subject the contractor or subcontractor to civil or crhl;nal prosecution under Section 1001 of Title 18 ana Section 231 of T;tle 31 of the Un;teo States Code. (cl The reQuirnents of this section sha" not apply to any contract of S2,OOO or less. (ol Upon a written finoing by the he&O of a Feoeral agency, the Secretary of 1.abor lIay prov; de relSonabl e HII; ta- tions, variations, tolerances, ana exemptions froll the reQu;re- ments of th;S sect;on subject to SUCh cono;tions as the Secretary of 1.abor lIay specHy. [29 F.R. 97. Jan. 4, 1964, as a.ended at 88 F.R.10180, July 17. 19683 3.4 Submhs;on of weekly statellents ana ttle preservation ana ;nspect;on'of weekly payroll records. (al Each weekly statellent reQuired under 3.3 shall be delivereo by the contractor or subcontractor. within seven oays after the regular pay.ent date of the payroll perioo. to a representathe of a Federal or State agency in charge at the s;te of the builoing or work. or, if there is no representative of a Federal or State agency at the site of the building or workr the statement shall be .ailed by the contractor or sub- contractor, w;thin SUCh ti.e, to a Federal or State agency con- tracting for or financing the building or wor-k. After SUCh exall;nation ana check as .ay be .aoe, suCh statement, or a copy ther-eof, shall be kept available. or Shall be transllitteo . together wi th a report of any v;olat;on, in accor-oance tI; th applicable pr-oceoures prescribed by the Uniteo States Department of 1.abor. ' · (bl Each contractor of subcontractor shall preserve his weekly peyroll recordS for a period of three years froll date of complet;on of the contract. The payroll records shall set out accurately ana completely the na.e and address of each laborer and mechanic, his correct classificatiOn, rate of pay, caily and weekly number of hours worked, deducti ons made, and actua 1 wages paio. Such payroll records shall be maCe availa!>le at all times for inspection by the contracting officer or his authorizeo representative, and by authorized representatives of the Department of Labor. 3.5 Payroll Deductions Permissible Without Application to or Approval of the Secretary of Labor (a) Any deouction maoe in compliance with the reQu;rements of Federal, State. or local law, such as Federal or State withholoing income taxes ana Feoeral social security taus. (b) Any deduction of sums previously paid to the employee as a bonl f;oe pre-payment of wages when such prepay- ment is made without oiscount or ;nterest. A "bona fioe pre- payment of wages" is cons i dered to hi ve been mloe onl y when cash or ;ts eQuivllent has been advanceo to the person employed ;n such manner as to give him complete freeoom of disposition of the advanceo fundS. (c) Any deduct;on of amounts reQu;red by court process to be paid to another, unless, the deouction ;s in fav- or of the contractor. subcontrlctor, or any affiltated person. or when collus;on or collaboration ex;sts. (d) Any oeouction constituting a contribution on behalf of the person employeo to funos estabHsheo by the employer or representatives of npl oyees. or both. for the purpose of proy;oing either from principal or ;ncome. or both. meoical or hosp;tal care. pensions or annuities on ret;rement. death benefits, compensation for injuries. illness. acc;dents. sickness; or disab;lity. or for insurance to proy;de any of the foregoing. or unemployment benefits. vlcation pay, savings accounts, or similar payments for the benefit of employees. the;r families and depenoents: Provioed. however. Thlt the fol'~wing standards are met: (1) The deduction is not otherwise prohibiteoby law; (z) It is e; ther: U) Vol untary consenteo to by the employee in writing ana in advance of the perioo in wn; Ch the work is to be oone and such consent is not a · conoit;on e;ther for the obtaining of or for the continuation of employment. or (ii) provUed for in a bona fide collective barga;n;ng agreement between the contr.~r or subcontractor and representat;ves of ;ts eaployees; (3) no profit or other benefit is otherwise obtaineo, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otnerwise; and (4) tne deductions shall serve tne convenience and ;nterest of the employee. (e) Ana oeouetion contr;buting towaro the Un;'teo St~tes Defense Stamps and Bonos when author;:eo by the employee. (f) Any oeouct;on reQuesteo by the employee ~o enable h;1I to replY loans to or to purchase shares 1 n creal t uni ons organ he a and operateO in accoroance with Feoeral and State credit un;on statutes. purchase of voluntarily (9) Any deduCt;on voluntar;ly author;:eo by the . ellployee for the lIak;ng. of contributions t~ governllental or Quasi-governmental agencles. such as the Allerlcan Rea Cross. (h) Any deouction voluntarily authorized .b.y the ellployee for the lIaking of contributions to COllllun;ty Chests. Uniteo G;vers Funos. ana s;lI;lar char;table organ;zat;ons. (; ) Any deducti on to pay regular .un; on ini tiat; on fees and lIellbersh;p oues. not ;ncluoing fines or special assesSllents: Prov;oeo, however. that a collective bargaining agreellent between the contractor or subcontractor ana representat;ves of its ellployees provioes for such oeouctions ana the oeductions are not otherwise prohibited by law. - (j) Any oeduction not 1I0re than for the -reasonable cost- of board. looging. or other facilities lIeeting the reQu;rellents of section 3(11) of the Fair Labor Stanoards Act of 1938. as allenod. ana Part 531 of this title. When such a oeduction is lIade the additional records reQu;red under 516.25(a) of this title shall be kept. (k) And oeduction for the cost of safety eQuipllent of nOllinal value purchased by the ellployee as his own property for his personal protection in his work. such as safety shoes. safety glasses. safety gloves. and hard hats. if such eQuipllent is not reQu;red by law to be furnished by the ellployer..if such. oeduction is not violative of the Fair Labor Standaros Act Dr proh;b;teO by other law. if the cost on which the deduction is baseo ooes not exceed the actual cost to the ellployer where the eQuipllent is purchasel1 froll hill and does not include any direct or ino;rect 1I0netary return to the employer where the eQuipllent is purchased from a third person, Uld if the deduction is either (1) voluntarily consented to by the employee in writing ana in aovance of. the peri od in whi ch the work is to be done ana such consent is not a condition either for the obtaining of employment or its continuance; or (2) provided for in a bona fioe collective bargaining agreement between the contractor or subcontractor ana representatives of its employees. [29 F.R. 97, Jan. 4, 1964, as amended at 36 F.R. 9770, May 28,1971J 3.6 Payroll Deouetion Permissible with the Approval of tile Secretary of Labor . Any contractor Secretary of Labor for permitteo unoer 3.5. whenever he findS that: or subcontractor permiss;on to lIake The Secretary lIay lIay apply to tile any oeoucti on not grant permiss;on (a) The contractor, person ooes not lIake a profit from the oeduct;on either oiv;oend. or otherw;se; (b) The The deouction ;s not otherwise prollibited by subcontractor, or any affiliateo or benef;t oirectly or ind;rectly ;n the farm of a COllmiss;on, law; (c) The oeouction is either (1) voluntarily consenteo to by the employee ;n wr;ting and in aovance of the per;od ;n whi Ch the W01'k is to be oone and sucll consent is. not a condition either for the obtaining of employment or its conthuance, or (2) prov;oeo for in a bona fioe collective barga; n; ng agreellent. between tile contractor or subcontractor and representat;ves of its employees: and . (d) The oeduction serves tile convenience and interest of the employee. 3.7 Applications for tile Approval of the Secretary of Labor Any app 11 cati 011 for tile .aU ng of payro n oeduct ions unoer 3.6 sllall comply with tile reQuire.ellts prescribeo i~ tile following paragraphs of this section: (a) The application shall be ill writing ana Shall be adoressed to tile Secretary of Labor. . (b) The application need not idelltify the contract or contracts unoer whicll tile work in Question is to be perforlled. Permission will be ghell for deductions 011 an currellt alld future contracts of tile applicallt for a period of 1 year. A re- newal of permission ~o malr.e su~h payroll dedu~~ion will lle granted upon ~he sullmission of an appli~a~ion whi~h malr.es referen~e to the original appli~ation, re~ites ~he date of the Se~retary of ~abor's approval of such deductions, states affirmatively that there is continued compliance with the stanoards set forth in the provisions of 3.6, and specifies any ~onditions which have changed in regard to the payroll oeductions. (c) The app 1 i cati on sha" state a ffi rma the 1 y that there is compliance with the standaros set forth in the prov;sions of 3.6. The affirmation shall be accompanied by a full statement of the factS indicating such compliance. (a) The application shail ;ncluoe a oescription of the proposeo deducti on, the purpose to be served thereby, and the classes of laborers Dr mechanics from whose wlges the proposeo deouct;on woulO be mloe. . (e) The IPpliclt;on shill stlte the name Ind bus;ness of any th; rO person to whom any funos obtl i neo frOm the proposed oeduct;ons Ire to be trlnsmitteO Ino the Iff;l;ltion of SUCh person, ;f Iny, with the appl;Clnt.. 3.8 Act;On by the Secretlry of ~abor Upon Applicltions The Secretlry of ~Ibor shill oecioe whether or not the reQuested deouction is permissible unoer provisions of 3.6; Ino shill notify the appl;clnt ;n writing of his oecision. 3.9 ProhibiteO Plyroll Deouctions Deouctions not elsewhere provideG for-by this part ana which Ire not founo to be perm;ssib~e unoer 3.6 are prohibited. 3.10 Methods of Plyment of wlges The payment of wages shill be by cash. negot;able instruments plYlble on demand. Dr the additional forms of com. pensl~;on f~r which oeouctions art permissible under this part. No other methoOs of plyment shill be recognized on wort subject to the Copelano Act. 3.11 Regullt;ons 'Irt of Contract A 11 contrlcts maoe wi th respect to the construction.. prosecution. completion. Dr repair of any public building or publ;C wort or building Dr wort financed in whole Dr in plrt by loans Dr grants from the United States covered by the regulations in this part shall expressly bind the contractor Dr subcontractor to cOllply with such of the regulations in this part as lilY be applicable. In this regard. see 5.S(a) of this subtitle. PARl 5 LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT) Subpart A Proeeclures Davis-Bacon ana Relateo Acts Provisions and SEcn ON: 5.1 Purpose and scope 5.2 Definitions 5.3 [ReservedJ 5.4 [ReservedJ 5.5 Contract provisions and relateo matters 5.6 Enforcement 5.7 Reports to the Secretary of Labor 5.8 L; Qui dated oallages under the Contract Work Hours ana Safety StandardS Act 5.9 Suspensi~n of funds 5.10 Restitution. crim;nal act;on 5.11 Disputesconcern;ng paYllent of wages 5.12 Debarment proceeoings 5.13 Rulings ana ;nterpr.etations 5.14 Var;ations, tolerances, ana eKellptions froll Parts 1 and 3 of this subtitle ana this part 5.15 Lill;tations, v.ri.tions, toler.nces. .nd eKellptions under the Contr.ct Work Hours-.nd S.fety St.no.ros Act 5.16 Training pl.ns .pproved or recognized by the Dep~rtllent of Labor prior to August 20; 1975. 5.17 W;thdr.wal of .pprov.l of . tr.ining progr.1I Subp.rt B - Interpret.tion of the Fringe Benefits Provisions of the Dav;s-Bacon Act SECTION: 5.20 Scope .no signific.nce of this subp.rt 5.21 [ReserveoJ 5.22 Effect of the D.vis-B.con fringe benefits provis;o~s 5.23 The statutory provisions · 5.24 The bas;c hourly r.te of p.y 5.25 Rate of contribution or cost for fringe benefits 5.26 .... contribution irrevocably .ade ... to . trustee or to . third person.. 5.27 .... fund, pl.n. or progr.... 1------ 5.28 Unfunded plans 5.29 Specific fringe benefi~s 5.30 ~ypes of wage de~ermina~ions 5.31 Mee~ing wage de~ermina~ion obliga~ions 5.32 Overtime paymen~s 5.1 purpose and Scope (al The regulations conuined in ~his part are promulgateo unoer the authority conferred upon the Secretary of l.abor by Reorganization Plan No. 14 of 1950 and the Copeland Act ;n order to eoorOinate the aoministration and enforcement of the labor stanoarOs provisions of each of the following acts by the Feoeral agencies respons;ble for their aoministration and of such aodit;onal sta~utes as may from t;me to t;me confer upon the Secretary of I.abor adO i ti ona 1 duti es ana respons;- bilities similar to thOSe conferreo upon the Secretary of I.abor under Reorganization Plln No. 14 of 1950: 1. The ~av;s-Bacon Act [Section 1-7, 4~ Stat. 1949, IS amendeo; Pub. 1.. 74-403, 40 U.S.C. 2761-276a-7). 2. Copelano Act [40 U;S.C. 276c). 3. The Contract Work Hours ana Safety Stanoaros Act [40 U.S.C. 327-332). 4. Nat;onal Housing Act [Sect;on 212 aooeo to c. 847, 48 S'tat. 1246. by Section 14, 53 Stat. 807; 12 U.S.C. 1715c Ind repel~eoly amended). 5. Housing Act of 1950 (college housing) [uenoeo by Hous i ng Act of 1959 to add labor proYisi ons, 73 - Stat. 681; 12 U.S.C. 1749a(f)). 6. Housing Act of 19St [Sect;on 401(f) of the Hous;ng Act of 1950 as a.endeo by Pub. 1.. 86-372, 73 Stat. 681; 12 U.S.C. 1701Q(c)(3)). " 7. Commercial Fisheries Research ana Development Act of 1964 [Section 7. 78 Stat. 19t; 16 U.S.C. 77Se(b)). 8. 1. i brary SerYi Cel 'and Constructi on Act [Section 7(a), 7B Stat. 13; 20 U.S.C. 3SSc(a)(4). as .menoedJ. 9. KUional Technical Institute for the Duf Act [Section 5(b)(S), 7t Stat. 126; 20 U.S.C. 684(b)(S)), 10. Kational Foundation on 'the Arts and Humanities Act of 1965 [Section S(k). 79 Stat. 846 as amenoed; 20 U.S.C. 954(j)). . 11. Elementary and Secondary ..tducation Act of 1965 as amended by Elementary and Secondary and other Education Amendments of 1969 (Section 423 as added by Pub. L. 91-230, tit'e IV, Section 401(a)(10), 84 Stat. 169, and renumbered Section 433, by Pub. L. 92-318; tit'e III Section 301(a)(1). 86 Stat. 326; 20 U.S.C. 1Z32(b)). Under the amendment coverage is extended to a" programs admi ni stered by the Commi ssi oner of Education. 12. The Federa,-AiO Highway Acts (72 Stat. 895. as amended by 82 Stat. 821; 23 U.S.C. 113. lIS amenCed by the Surhce 1ra.nsporutior. Assistance Act of 1982. Pub. L. 97-424). J,,). :nCi!n Self-Determination and ~ducation Assis~ir.:e Ac. ~Sec~icn 7, S8 Stat. 2205; 25 U.S.C. 4S0eJ. :4. ~~:iir. ~caitr. Care Improvement Act [Section ~C~t::. 90 ~~L~. 14~i; ZS U.S.C. l633,b)j. _~. ;C"&j:::~!~icr. ~;~ c~ __.f ~._, .7 c- - .-. ..-. :::..- 77D.'...)(:.... ..ve,;'.. ,:.; 0 ....L... ~o... 1.:I "...w, \., .1';'. ~~n tSec';ior. -"---e-c's"ve ~--"-v-e-. 'n" r.'..... ".- .. v.. ""..._... 6. hi."'''. w.... ... 50. W '7 ~. II . ...~ ,,- . oi :;7:: ~Si:~'.=' :C:.. :'7 S-:=.-:. SSO. :-e:tt.::r.~ere~ sec~;cr:. 7uc :y 56 S':L':. :.:..~; lS ~.~.=. :,~~; &,":st> ~ec't';wn 6u'. 68 .S~&"t. :S4:; 2; ~.~.C. =54{~~~~::. "-,. !':.c.~c ~:.:. .;;.a.: ~;s:li Assis':&.r:ce A:t :r "7' -c: . ..-' ...' .- S - 9-. 'p. S ~ '2'5' ....- ':':J ~ a..2;';',::: ~Z:.\li~;I, O~ ':c.e.. ~~;. __ .... .w. .:. ~ \IJ\=J';. . 6 :~"e-" "a-er ~o'. '.'0" Cc--rc' .. . ~ Iloio ... i.. . I... e.. .. ,. e. . ~~&__,,__ :'~ oJ S~--.~r: 2 .. Stat 69" ~3 t: ~ C .~72- .....r....... "".." . 1IIiii-'.... . CD .... - w..,_ .~. ..' i\:'t - :;. ~e~e~~~s ~M~S~r.~ n~=e :&re Ac~ of liS'. :7a S~Q~. S~~, ~~ ~~c~ee'; 36 v.S.C. 5CS5ia)(i)j. 2~. ;>>cs~a~ Reo!';!:.;:u~i~n Ac~ ~Se:,;~cr: 4~Ci;i.~:\:.; S4 S~A~. 725 IS IlIer.~e~; Si U.S.~. ~lOtb)(4i:~;~. 2:. ~l.~ion&l Yi~i~~rs Cen~er Fa,nitas A't ... 1966 :iec. l10. S2 S~lt. 45. 4D U.S.~. 8Ci:. 1965 rse:. 22. A~~a'&ct.ian Re;io:.ai Deveiopllent 4C2, 79 Sta~. 2.; 40 U.S.C. App. 452;. A-- -- of 23. Health Serv;ces Statis,;;cs. and ~.eoical L,ibrarhs Ac~ of sec. 308lh)(2) tllereof. 88 Stat. 370 IS 378. 42 U.S.C. 24211(11)(2)). iesea!'ch. .197~ ~sec. IlIenGeO by iie,;tt '-7 .~ , see 90 Stu. . . 24. Hospital Survey and Construction AC~. as allenoed by the Hosp; tal and Meoi ca' Feci 11 ths Amenollen'tS cf 1964 [sec. 605(1)(5). 78 Stat. 453. 42 U.S.C. 291e(a)(S);, 25. Health Professions. Educational Assistance Act [sec. 303(0), 90 Stat. 2254; 42 U.S.C. 293a(glt1ltC); also sec. 308a, 90 Stat; 225B, 42 U.S.C. 293a(c)(7)). 26. Nurse Training Act of 1964 941(a)(1)(C), 89 Stat. 384; 42 U.S.C. 296a(b)(5)J. [sec. 27. Heart Oi sease, Cancer, and Stroke Amenome~ts of 1965 [sec. 904, as addeo by sec. 2, 79 Stat. 928; 42 U.S.C. 299d(b)(4)J. 28. Safe Drinking Water Act [sec. 2(a) see sec. 14S0e thereof, 88 Stat. 1691; 42 U.S.C. 300j-g(e)J. 29. National Health Planning ana Resources Act [sec. 4, see sec. 1604(b)(1)(11), 88 Stat. 2261. 42 U.S.C. 3000-3(b)(1)(~)J. 30. U.S. Hous;ng Act of 1937. as U1endeo ana recodifieo [88 Stat. 667; 42 U.S.C. 1437jJ. 31. Demonstration Cities Development Act of 1966 [secs. 110. 311. 1259. 1270, 1277, 1284; 42 U.S.t. 3310. U.S.t. 1437j). 32. Slum clearance program: Housing Act of 1949 [sec. 109. '3 stat. 419. as amenoeo; 42 U.S.t. 1459). and Metropolitan S03. 1003. 80 Stat. 12 U.S.t. 171Sc; 42 33. Farm housing: Housing Act of 1964 [ac1ds sec. 516(f) to Housing Act of 1949 by sec. S03, 78 Stat. 797; 42 U.S.t. 1486(f)J. 34. Housing Act of -un [sec, 707. aooeo by sec. 907. 79 Stat. 496. as amenoed; 42 U.S.t. lS00c-3J. 35. Defense Housing and tom.unity Facilities and Services Act of 1951 [sec. 310. IS Stat. 307; 42 U.S.t. 15n;.J. 36. Special Hulth Review Sharing Act of 1975 [sec. 303. see sec. 222(a)(S) thereof. 89 Stat. 324; 42 U.S.t. 2689~(a)(SlJ. 37. Economic Opportunity. Act of 1964 [sec. 607.. 78 Stat. 532; 42 U.S.t. 2947J. . 38. Headstart, Economic Opportunity, and tom.unity Partnership Act of 1174 [sec. 11. see sec. 811 thereof, 88 Stat. 2327; 42 U.S.t. Z992aJ. 39. Housing Ind Urbln Developmen't Ac't of 1965 (sec. 707, 79 S'tl't. 492 IS amended; 42 U.S.C. 3107). 40. Older Americlns Act of 1965 (sec. 502. Pub. L. 89-73, as amended by sec. 501, Pub. L.. 93-29; 87 Stat. 50; 42 U.S.C. 30411(1)(41). 41. Publ i c Works Ind Econem; c Oevel epment Act ef 1965 [sec. 712; 79 Stat. 575 as amended; 42 U.S.C. 3222J. 42. Juven i1 e De 1 i nQuency Prevent i en Act (sec. 1, 86 Stat. 536; 42 U.S.C. ~884J. 43. New Commun;ties Act ef 1968 (sec. 410, 82 Stat. 516; 42 U.S.C. 3909J. 44. urban Growth and New Cemmun i ty Oeve 1 epllent Act of 1970 (sec. 727(f), 84 Stat. 1803; 42 U.S.C. 4529). 45. Oemestic Velunteer Serv;ce. Act of 1973 [sec. 406. 87 Stat. 410. 42 U.S.C. 5046). 46. Heus; n9 ana Cellmun; ty Developllent Act of 1974 [secs. 110802(9). sa Stat.649. 724; 42 U.S.C. 5310, 1440(9)J. 47. Developllentally Disabled Bill of Rights Act [sec. 126(4), S9 Stat. 6042(4); title 1. sec. 111. S9 Stat.. 6063(blt19)J. Assi stance and 488; 42 U.S.C. U1; 42 U.S.C. 48. National Energy Conservation Policy Act [sec. 312. 92 Stat. 3254; 42 U.S.C. 6371j). U. Public Works EllplOYllent Act of 1976 [sec. 109. 90 Stat. 1001; 42 U.S.C. 6708; also sec. 208. 90 Stat. 1008; 42 U.S.C. 672B). 50. Energy Conservation and Production Act [sec~ 451(h). 90 Stat. 1168; 42 U.S.C. 6881(hl). 51. Solid Waste Disposal Act [sec. 2. 90 Stat. 2823; 42 U.S.C. 6979). 52. Ra i1 Passenger SI...i ce Act of 1970 [sec. 4050. 84 Stat." 1337; 45 U.S.C. 565(dl). · 53. Urban Mass lransportation Act of 1964 [sec. 10. 78 Stat. 307; renumbered sec. 13 by 88 Stat. 715; 49 U.S.C. 16091. 54. Highway Speed Ground lransportation Stuoy [sec. 6(bl. 79 Stat. 893; 49 U.S.C. 1636tbl). 55. Airport and Airway Development Act of 1970. (sec. 22(bl, 84 Stat. 231; 49 U.S.C. 1722(bl). 56. Federal Civil Defense Act of 1950 (50 U.S.C. App. 2281i). 57. National Capital Transportation Act of 1965 (sec. 3(b)(4), 79 Stat. 644; 40 U.S.C. 68Z(b)(4l. NOTE: repea lea December 9, 1969, and labor standards incorporated in sec. 1-1431 of the District of columbia Code). 58. tsec. 4, BO Stat. States Cooe). Model Secondary School for the Deaf Act 1027, Pub. L.. 89-694, but not ;n the United - 59. Stat. 714, Pub. L.. of the plan but not Delaware R;ver Basin Compact (sec. 15.1, 75 87-328) (eonsi oered a statute for purposes in the Uniteo States Cooe). 60. Energy Security Act tsec. 175(c). Pub. L. 96-294, 94 Stat.' 611; 42 U.S.C. 8701 noteJ. (bl Part 1 of th;s subt;tle conta;ns the Department's proceoural rules govern;ng reQuests for wage oeterm;nations ana the ; ssuance and use of such wage oetermi nat; ons unoer the Davis-Bacon Act ana ;ts relateo statutes as 1 isteo ;n that part. 5.2 Definit;ons (a) The terti - Secretary- incl uoes the Secretary of Labor. the Deputy Unoer Secretary for Employment Stanoards. ~no their author;zeo representatives. (b) The term -Aoministrator- means the Aoministrator of the Wage and Hour Division. Employment Stanoaros Adm;n;strat;on, U.S. Department of Labor. or authorized repre- sentathe. . (c) The term -Federal agency- means the agency or instrumenta11'ty of the United States which enters into the 'contract .or provi des assistance through loan. grant.loan guarantee or insurance. or otherwise. to the project subject to a statute listed in 5.1. . . (d) The term -Agency Head-means the pr~ncipal official of the Federal ~gency and includes those persons duly authorizeo to act in the behalf of the Agency Head. (e) indhidual. The term -Contracting Officer- means the a duly appointed successor. . or authDrizeo representative who is designated and a-uthori:ed to enter into contracts on behalf of the Federal agency. . (f) The term "labor standards" as used in this part means the reQuirements of the Davis-Bacon Act, the Contract Work Hours and Safety Standards Act (other than those relating to safety and health), the Copeland Ac~, and, the prevailing wage provisions of the other sta~utes l~sted ln 5..1, and the regulations in Parts 1 and 3 of thlS subtltle and thlS part. (g) The .term "United States or the District of Columbia" means the united States" the District of ~olumbia. ana all e~ecut;ve department~, 1ndepeno~n~ estab11shments, aom;n;strathe agencies., ana 1nstru,ment.a11tte,S of the United States and of the Distr1ct of Columb1a. 1nclu01n~ corporations, all or substantially all of the stock of WhiCh. 15 beneficially owned by the United Sta~es, by the :oregolng. departments. establishments, agencieS, 1nstru~entalit1es, ana 1ncluding non- appropr;ated fund instrumentalit1es. (h) The term "contract" means any pr;me contract wh;ch h subject wholly or ;n part to the labor stanoardS prov;sions of any of the acts listeo in 5.1 ana any subcontract of any tier thereunder. let under the prime contract. A State or local Government is not regaroed as a contractor under statutes provid;ng loans. grants. or other Feoer.al &sshtance in situations where construct;on is performeo by ;ts own. emp 1 oyees. . However. unoer statutes reQui ring paYlllent of. prevailing wages to all laborers ana lIlechanics elllptoyeo on the .&Sshted project. such as the U,S. Housing Act of 1937. State ana local rec;p1ents o.f Feoeral-a;o aust pay these elllployees accoro;ng to Davis-Bacon labor stanoaros~ (i) The teras -building- 'or "work- generally incluoe construct;onactivity as distinguished froa aanufactur;ng. furnhhing of aaterhls. or servicing and aaintenance work. The terms incluoe without Haitation. builoings. structures. and improvements of all types. suell as bridges. dallls. plants. highways. parkways. streets. svbways.tunnels. sewers. aains. power. lines. P.ulllping stations. heavy generators. railways. air- ports. terlllinals. ooeks. piers. wharves. ways. lighthouses. buoys. jett;es. breakwaters. levees. canals. oreoging. shoring. rehabi1itat;on ana reactivation o~ plants. scaffolding. orilling. blasting. excavating. clearing. and landSCaping. The l!Ianuhcture or furnishing of aaterhls. articles. supplies or · eQuiplllent (whether or not a Federal or State agency ICQuires title to such aaterials. art;cles. supplies. or eQuipaent during the course of the aanufacture or furnishing, or owns the lIlaterials frOIll which they are aanufactured or furnished) is not a -builoing" or "work- within the aeaning of the regulations in this part unless conducted in connect;on with and at the site of such a builoing or work II is oescribeo in the foregoing sentence. or under the United States Housing Act of 1937 ana the Hous;ng Act of 1949 in the construct;on or oeveloplllent of the project. (j) The ~erms "~ons~ru~~ion., .prose~ution.. "~ompletion", or "repair" mean all types of work Clone on a parti~ular builCling or work at the si~e thereof (or. unCler the united States Housing A~t of 1937 and the Housing A~t of 1949), all work oone in the ~onstru~~ion or Clevelopment of the projHt, including without limitation, altering, remoCleling, installation (wher:-e appropria~e) on the site of the work of items fabricated off-site. painting and de~orating, the transporting of materials and supplies to or from the building or "ork by the elDployees of the constructi on contractor or construct;on subcontractor. ana the manufacturing or funishing of materhls art;cles, supplies or equipment on the site of the builO;ri9' or "ork lor, under the united States Housing Act of 1937 and the Housing Act of 1949, in the construeti on or de~elopment of the project), by persons employed by the contractor or subcontractor. (k) The term .publ;c bu;loing" or .public work" ;ncludes bu;loing or work, the construction, prosecut;on, com- plet;on. or repair of which, IS oevineo abo~e. ;s carrhd on oirectly by authority of or ,,;th funos of a Feoeral agency to serve the interest of the general publ;C regaroless of "hether title thereof is in a Federal agency. ( 1 ) fo" o"s: The term "s;te of the "ork" is oef{neo as (ll The "site of the "ork" is. lill;ted to the phys;cal place or places "here the construction called for in the contract "i" rella; n "hen "ork on it hIS been compl eteo ana. IS o;scussed in paragraph (1)(2) of this sect;on. other aojacent or nearby property useo by the contractor or subcon- tractar ;n such construction which ca~ reasonably be saio to be includeo ;n the "site". (2) Except as provioed in paragraph (1)(3) of th;S sect;on. fabricat;on pl,nts. .obile factories. batch plants. borro" p;ts. job headquarters. tool yards. etc.. are part of the "site of the wo,.t. p,.ovided they are oeo;cated eJ.clus;vely, or nearly so. to performance of the contract or project. ana are so located ift proJ.i.ity to the actual construction locuion that it would be reasonable t.o include thell. (3) Not incluoeo in the .site of the "ort.'are pe,.lIanent hOlle off; ces. branch plant establi shllenU. flbri ca- t;on planu, and tool yards of a contractor or Slltlcontractor . whose locations ana continuance in operation are dete,.lIineO "holly ,,;thout regaro to a pa,.ticular Floe,.al or federally assisteo contract or project. 1ft addition. fab,.ication plants. batch plants. borro" pits. job headquarte,.s. tool yards. etc.. , of I commercill supplier or ma~erialmlln which are es~ablished by I suppl i er of lI\a~eri a 1 s for ~he projec~ before openi n9 of bids and not on the project si~e, are no~ included in ~he "site of the work". Such permanent, previously established flcilities Ire not a par~ of ~ne "site of the wor"", even where the operltions for a period of time may be dedica~ed exclusive- ly. or nearly so, to ~ne performance of a contract. (m) the term "laborer" or "mechlnic" includes It least those workers whose duties are manual or physical in nature (includ;ng thOSe workers who use tools or whO are performing the work of a tra.~e), IS .distinJuisheo, f!o,,! menul or managerial. the term laborer or mechanlc lncludes apprentices, trainees, helpers, and, in the elSe of contracts subject to the Contrlet work Hours ana Safety Stanoaros Act, watchmen or guardS. He ~e~m doe~ not apply. to workers whose out;es are prill\ar;ly aomlnlstratlVe. executlve. or clerical, rather than manual. Persons employeo in a bona f;oe execu- the. aoministrathe, or professional capacity as oef;ned in Part 541 of th;S title are not oeemeo to be laborers or mechan;cs. Work;ng foremen whO oevote more than 20 percent of the;r t;me our;ng a workweek to mechanic or laborer out;es. Ind who 00 not meet the cri teria of Plrt 541. Ire 1 aborers Ino mechln;cs for the time so spent. (n) foll ows: The terms IPprent;ce Ino tra;nee are oefined IS (1) . Apprenti ceo muns (;) a person em~l oyeo and ;nd;v;dullly registereo ;n I bonl fioe apprenticeship pro. gram reg;stereo with the U.S. Oeplrtment of Labor. Employment ana ~a;n;ng AOllin;strlt;on, Bureaw of Apprenticeship ana Tra;nhg, or with a State Apprenticeship Agency recogni~eO by the Burelu. or (;i) a person in the first 90 olYs of probat;onlry employment as an IPprentice in such an apprent; ceshi p program, who is not i noivioually registereo ; n the progrlm, but who has been certifieo by the Bureau of Apprenti eUhi p and Trai ning or a State Apprenti ceshi p Agency (where appropr;ate) to be eligible for prObationary employment as a~ apprent;ce; (2) .Trainee. means a person !'egi stered ana receiv;ng on-the-jOb training in a construction occupat;on unoer a program wh;ch has been approved in advance by the U.S. Department of Labor, Employment and Training Aoministration, as llIeet;ng ;ts stanoards for on.the-~ob training programs and' which has been so certified by that Aoministration. (3) These provisions do not apply to .apprentices. and .trainees. employed on projects subject to 23 U.S.C. 113 who are enrolled in programs- which ha"e been certified by the Secretary of iransportation in accordance with 23 U.S.C. 113(cl. (ol Every person performing the duties of a laborer or mechanic in the construction, prosecution, completion, or repair of a public building or pUblic work, or building or work financed in whole or in part by loans, grants, or guarantees from the uniteo Stites is "employed" regardless of any con- tractual relationShip al1egeo to exist between the contractor ana such person. (p) The term .wages. means the basic hourly rate of pay; any contr;bution irrevocably maoe by a contractor or sub- contractor to a trustee or to a third person pursuant to a bona fide fringe benefit funo. plan, or program; and the rate of costs to the contractor .or subcontractor ~hich may be reasonably ant;c;pated ;n provlo;ng bona fioe frlnge benefits to laborers ana mechan;cs pursuant to an enforceable commitment to carry out a f;nanc;ally respons;ble plan of'program. which was commun;cateo in writ;ng to the laborers and mechanics affected. The fr;nge benefi ts enumerated in the Davis-Bacon Act ;ncluoe med;cal or hosp;tal care. pensions on retirement or death, compensat;on for ;njuries or illness resulting from occupat;onal act;vity, or insurance to prov;oe any of the fore- going; unemployment benef;ts; life insurance. oiubHity insurance. sickness insurance. or accioent insurance; vacation or ho1;oay pay. oefraying costs of apprenticesh;p or other s;mnar programs. or other bona fioe fringe benefits. Fringe. benefits 00 not incluoe benefits required by other Federal. State. or local law. (q) The term .wage determinati~. incluoes. the or;g;nal oecis;on and any subsequent oecis;ons .oo;fying. superseoing .correcti ng. or otherwise changing the provisions of the original oecision. The application of the wage determ;nation shall be in accoroance with the provisions of 1.6 of this title. 5.3 -,5.4 [Reserved) 5.5 Contract Provisions and Related Matters (a) The Agency hud shall, cause or requi re the contracting officer to insert in full in any contract in.eKcess . of S2. 000 wh i Ch is entered into for the actual constructi on. alterat;on ana/or repair. inclUding painting and decorating. of a public bu;loing or public work. or building or work financed ;n .whole or in part fro. Federal funds or in accordance with guarantees of a Federal agency or financed from fundS obtained by pledge of any co~tract of a Federal agency to make a loan, grant or annual contribution (except ~here a different meaning is expressly indicated), and ~hich is subject to the labor standards provi si ons of any of the acts 1 i sted in 5,1, the following clauses (or any modifications thereof to meet the particular needs of the agency, provided, that such mOdifica- tions are first approved by the Department of ~abor); (1l Minimum wages. (i) All laborers ana mechanics employeo or working upon the site of the work (or uncler the Uniteo States Housing Act of 1937 or unoer the Housing Act of 1949 in the c~n~truction or development of the project), will be paid uncondlt1Onally and ,not less often than once a week and without subseQuent oeouctlon or rebate on any account (u~ePt such payroll oeduct;ons u are permitted by regulations issued by tne Secretary of Labor unoer the Copeland Act (29 CFR Part 3)J, the fu" amount of wages ana bona fide fri nge benefi ts (or CUh eQuha 1 ents thereof) oue It thle of payment computed at rates not less than those c~nta;neo ;n the wage oeterminat;on of the Secretary of Labor whlCh is attached hereto and made a part hereof, regardless of any contractual relationsh;p which may be a"egeo to ex;st between the contractor and such laborers ana mechan;cs. Contribut;ons made or costs reasonably ant;cipateO for bona f;oe fringe benef;ts under secti on l( b)( 2) of the Davis-hcon Act on behaH of laborers or mechanics are consioereo wages pa;d to such laborers or mechan;cs. subject to the prov;s;ons of paragraph (a)(l)(iv) of th;s section; also. regular contributions maoe or costs ;ncurreo for more than a weekly perioo (but not less often then Quarterly) unoer plans, tunas. or programs wh;ch cover the part;cular weekly per;oo. are oeemed to be construct- ively made or ;ncurreo ouring such weekly perioo. .SuCh laborers and mechan;cs shall be pa;d the aapproximcte wage rate ana fringe beneffts on the wage oeterllination for the claSS- ;f;cat;on of work actually performeo. without regaro to sk;ll. except as provioed ;n 5.5(a)(4). Laborers or meChanics perform- ing work in more than one classification may be compensateo at the rate specified for each classification for the time actu~lly workeo therein: provioeo, that the employer's payroll r.coros accurately set forth the time spent in each class;fica- t;on in wh;Ch work is performeo. the wage oetermination (incluoing any aooitional classHication and wage rates conformeo unoer paragraph (a)(1)(;;) of this section) ana the Dav;s-hcon poster (WH-1321) shall be posted at all times by the contractor ana ;ts subcontractors at the site of the work' ;n a prom;nent and accessible place where it can be easily seen by the workers, (ii)(A) the contracting officer shall reQu;re that any class of laborers or meChanics whiCh is not HsteO ;n the wage oetermination ana wMCh is to be employed unoer the contract Shall be ,1assif;eo in conformance w;th the wage determination. The contracting officer shall approve an additional classification and wage ra'u and fringe benefits therefor only when the following criteria have been met: (1) The work to be perform- ed by the classification reQue~Ud, is not performed by a classification in the wage determlnatlon; and (2) The classification is ut;li2ed ;n the area by the construction inoustry; and (3) The proposed wage rate ;ncluding any bona fide fringe benefits, bears a reasonabl~ relat;onship to the wage rates containeo in the wage oetermin- at"ion. (B) 1 f the contractor and the laborers and mechan;cs to be employeo ;n the classification (if known). or their representatives. and the contracthg officer agree on the classification ~nd wage rate (;n~luo;ng th~ amount designated for fr;nge beneflts where appropr,ate), a report of the act;on taken shall be sent by the contact;ng officer to the Adm;n;strator of the Wage and Hour D;v;s;on. Employment StandardS Adm;n;strat;on, U.S. Department of Labor. Wash;ngton. D.C. 20210. The Administrator, or an author;zeo represent- ative, wi" approve, modify, or ohapprove every aooitional classificat;on action with;n 30 oays of rece;pt "ana so aovise the contract;ng officer or w;ll notify the .contracting officer within the '30-oay perioo that aooit;onal time is necessary. (Approved by the Oft; ce of Management ana Budget unoer 01'18 control number 1215-0140.) - (C) 1 n the event the contractor. the laborers or meChanics to be employed in tile classification or tile; r representatives. ana tile contracting offi cer 00 not agree on tile proposeo classification and wage rate (incluoing the amount oesignated for fringe benefits. wllere appropr;ate). the contracting officer sha" refer the Questions. including the v;ews of all interested parties and tile recommenoation of the contracting officer. to tile Administrator for determination. Tile Administrator. or an autllorized representative. will iuue a determination within 30 oays of recei pt ana so advise the contracting offi cer or wl1 1 notify the contracting officer within the 3D-day period tllat aodition- al t;me is necessary. (Approved by the Office of Management and' Buoget under 01'18 control number 1215-0140.) (D) The wage. rate (including fringe benefi ts wllere appropriate), determined pursuant to sub- paregraplls (l)(b) or (t) of this paragrapll. sllall be paid to all workers performing work in tile classification unoer tllis contract from the first day on which work is performeo in tile class;f;cat;on. " (iii) Whenever the rr.inimum 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, ~he contractOr shall either pay the benefit as stated 1n the wage determination or ~hall pay another bona fide fringe benefit or an hourly cash eQu1yalent thereof. (iY) 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 co~ts reasnably anticipated in proyio;ng bona ficle fringe benefas under a plan or program, provided, that the Secretary of Labor has found, upon the wr1'tun reQuest of tne contractor, that the appli cable standardS of tne Dayis-Bacon Act have been me~. !he Secretary of Labor may reQuire tne contractor to set aS10e 1n a separate account assets for tne meeting of obligations unoer the plan or program. (Ap;lrOved by the Office of Management and Buoget under OMB Control number 1215-0140.) . (2) WithhOlding. ihe (write in name of Feoeral Agency or the 'joan or grant rec;pient) shall upon ;ts own act;on or u;lon -writ~en reQuest of an autnar;zeo repres~ntathe of the Department cd Labor withhalo or cause to be w;thheld from the contractor unc:er th;S contract or any other Feoeral contract with the same prime contractor. or any ather Feoerally-usisted contract subject to Dayis-SaCan preva;1ing wage reQuirements, which ;s held by the same pr;me contractor. so much of the accrueo payments or advances as may be considereo necessary to pay laborers and mechan;cs. hcluding a;lprent;ces, tra;nees. ana helpers. employed by the contractor or any subcontractor the full amount of wages reQll.i rea by - the - contract. In the event of h;1ure to pay any laborer or meChanic, including any apprent;ce. tra;nee. or helper. emp 1 oyed or work hg an the sj te of the work (or unoer the UniteO States Haus;ng Act of 1937 or unoer the HOusing Act of 1949 in the construction or development of the project). all or part of the wages reQuired by 'he contract. the (Agency) may. after wr;tten notice to the contractor. sponsor. applicant. or owner. take such act10n as lIIay be necenary to cause the sllspens; on of any further payment. advance. or guarantee of fundS unt11 such v;olat10ns have ceaseo. (3) Payrolls and basic records. (i) Payrolls' ana bas;c records relating thereto shal' De lIIainta1neo by the contractor ouri ng the course of the work and Jlreserved for a per;od of three years thereafter for all laDorers and mechanics working at the s1te of the work (or uno.r the Un1ted States HOus;ng Act of 1937. or under the Housing Act of 1949. 1n the cons~ruc~i on or devel opmen~ of ~he projec~ 1. SuCh records shall contain ~he name, address, and social securi~y number of each such worKer, his or her correc~ 'classification, hourly rates of wages paid (including rates of contribu~ions or costs anticipateO for bona fide fringe benefits or cuh eQuivalents thereof of the types describeo in section llb)(2)(B) of the Davis-Bacon Act), daily and weeKly number of hours worKed, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR S.S(a)(l)(iv) that the wages of any laborer or, mechan~ c i ncl.ud,e the lII~ount of any costs reasonably antic1paud 1ft prov1d1ftg benef1ts under a plan or program oeseribeo in section 1(b)(2){B) of the Davis-Brown Act, the contractor shall maintain recoros wh;ch show that the comm;tment to proville such benefits is enforceable, that the plan or program is financially responsible, and'that the plan or .program has been communicated ;n wr;t;ng to the laborers or mechanics affected, and recoros wh;ch show the costs antic;pateo or the actual cost ;ncurred ;n provid;ng such benef;ts. Contractors employing apprent;ces or trainees unoer approveo programs shall mainta;n written ev;oence of the reg istrati on of apprent i cesh; p programs ana certHi cat; on of tra;nee programs, the registrat;on of the apprentices and tra;nees, and the ratios and wage rates prescribeo in teh appl; cable programs. (ApprOveo by the Offi ce of Management ana Budget unoer OMB control numbers 1Z1S-0140 and 1ZlS-0017.) (ii)(A) The contractor shall subm;t weekly for each week in which any contract work is performed a copy of all payrolls to the (wr;te in name of appropriate Federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor wi 11 subm; t the payroll s to the appli cant, sponsor, or owner, as the case may be, for transm;ssion to the (write in name of agency). The payrolls submitted shall s.t out acc;uratelyano completely all of the information .reQuired to be mahtaineo under S.S{a){3)(;) of Regulations. Z9 tFR Part S. This infor- mation liay be submitteo in any form desireo. Optional Form WH-347 ;s available for this purpose and may be purchased from the Super;ntenoent of Ducuments (Federal Stock Number OZ9-00S-00014-1). U.S. Government Printing Office. Washington, D.t. . Z040Z. The prime contractor is responsible for the subm;ssion of copies of payrollS by all subcontractors. (Approved by the Offi ce of Management and Budget unoer OMS control number 1Z1S-0149.) (B) tach payroll submit- · ted shall be accompanied by a-Statement of tompl iance-. si gned by the contractor or subcontractor or his or her agent who pays or supervi ses the payment of the persons employeO unoer the contract and shall certify the following: (ll ihU the pay- roll for the payroll period contains the information required to be maintained under 5.5(a)(3)(i) of Regulations, 29 CFR Part 5 and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and tra;nee) employed on the contract during the payroll periOd has been ap;o the full weekly wages earned, without rebate, either d;reetly or ;no;rectly, and that no oeductions hIVe been made either o;rectly or indirectly from the full wages earned. other than perlll;ssible deouct;ons as set forth in Regulations, 29 CrR Pa..t 3; ( 2) (3) That each labo..er or mechlnic has been plio not less than the applicable wlge ..aUS ana fringe benefits or cuh eQuivllents for the classif;cat;on of wo..k pe..fo..meo, u specifieo in the appl;cable wlge dete..minat;on ;nco..po..ateo ;nto the contrac~. (C) The weekly submhs;on of a p..ope..ly eucuteo certificlt;on set fo..th on the reverse s;oe of Optionll rO"1I WH-347 sha11 sathfy the ..eQu;..ellent for subllhs;on of the "Statement of Compliance" ..eQuired by pa..agraph (a)(3)(;;)(8) of th;S sect;on. (D) The falsifica- certifications ..ay subject the to civil or cri.hal prosecution lS and Section 231 of Title 31 of t;on of Iny of the above contractor or subcontracto.. unoe.. Section 1001 of Title the Uniteo States Cooe, ( i1 fl Ttla contra r;tor _ or sub- cont...ctor shall m.ke the recoros _ reQui red unoer p....gr.ph (.)(3)(;) of this section available for inspection. copying. or t..anscr;pt;on by authorized representatives of the (write the nalle of the .gency) or the Department of L.bor. and sh.ll pe..mit such representatives to interview employees during worki ng hours on the job. If the contr.ctor or subcontr.ctor fail. to sub.;t the required records or to make the. available. the Fede..al agency may. after written notice to the contractor. sponsor. appl;cant. or owner. take such .ction .s ..y be necessary to cause the suspension of any further payment. advance. or guarantee of funos. Furthermore. failure to sub.;t tile reQui red records upon request or to .ake such r.ecordS available .ay be groundS for debarment action pursuant to 21 CFR 5.12. . . (4) Apprentices and Trainees (i) Apprentices. Apprenti ces wi 1 1 be permi tted to work at 1 ess tIlan the pre de- termineo rate for the work they performed when they are employ- ed pursuant to and individually registered in a bona fide apprenticesh;P program registered with the U.S. Department of ~abor, Employment ana Training Administration, Bureau of APprenticeship and Training, or with a State ~pprentic:eshiP Agency recogni uo by the Bureau, or if a person 1$ employed in his or her first 90 days of probationary employment as an apprent;ce in such an apprenticeship program, who is not ;nd;viOually registered in the program, but who has been eertHieo by the Bureau of Apprenticeshi~ ana Training or a State ApprenticeshiP Agency (where appropr',ate) to be eligible for probatiOnary employ~ent as an appren~'ce.. Th.e allowable ratio of apprentices to Journeymen on the Job s1te ,n any craft classification shall not be greater than the ratio permitteo to the contractor as to the entire work force unoer the registered program. Any worker listeo on a payroll at an apprent;ce wage rate; who is not reg;stered or otherwise employeo as stateo above, shall be paid not less than the appl;cable wage rate on the wage determination for the c:lassific:at;on of work actually performed. In addit;on, any apprent;ce performing work on the job s;te ;n excess of the rat;o perm;tteo unoer the registered program shall be paiO not less than the applicable wage rate on the wage determination for the work actually performeo. Where a contractor is perform; ng construct; on on a project ; n I locll i ty other than that ; n whi ch ; ts pro grim is reg; stereo, the rati os ana wlge rates (expressed in percentages of the journeyman's hourl Y rite) spec; fi eo in the contractor's or subcontractor's registereO program Shill be observeo. Every apprent;ce must be pa;o at not less thin the rite spec;fieo in the reg;stereo program for the IPprentice's level of progress, expresseo as a percentlge of the journeymen. hourly. rite.. specified in the IPpliclble wlge oeterlll;nation. Apprentices shill be pliO fringe benef;ts in Iccoroance w;th the prov;sions of the apprent;ceship program. If the apprenticeship pro grail does not spec;fy fr;nge benefits. apprentices must be paio the full amount of fringe benefi ts 1 isteo on the wage determ; nl- tion for the IPpliclble classification. If the UIIl;nistrator detennines that a different IIracti ce IlreVl 11 s for the appl;clble IIPprentice classificltion. fringes shall be pa;d in Iccoroance w;th that determ;nltion. In the event the Burelu of APllrenticeship and Training, or I Stlte Apprenticeshill Agency recogn;zeo by the Burelu, w;thorlws approval of an apprentice- ship progrlll, the contrlctor will no longer be permitted to. ut;lize apprent;ces at less than the applicable preoetermined rate for the work lIerformeo until an acceptabl e program is apllroveo. ' (11 ) lra i nees. Except as provi oed ;n 29 CFR 5.16. trainees will not be lIermitteo to work It less than the preoeterm;neo rite for the work perforlleo unless they are employeo pur suint to and ;noiviOullly registereo in a program which has received prior approval, eV1denced by forma' certification by tne U.S. Department' of Labor, Employment and Training Administration. The ratio of trainees to journey- men on the jOb site shall not be greater than permitted under the plan approveo by the Employment and Training Administra- tion. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress. expressed as a percentage of the journeyman hourly rate specified in the applicable wage oetermination. Trainees shall be paid fr;nge benefits in accorda~ce with the provisions of the trainee program. If the tra1nee program does not mention fringe benefits, trainees shall be pa~o t~e full amount of fr;nge benefits listed on the wage oetermlnatlon unless the Adm;nistrator of the wage ana Hour Dhis;on determines that there is an apprentiCeship program associated wit~ the corres- pond i ng journeyman wage ra te on, the wage. oeterm1n1 t; on wh; ch provides for less than full frlnge benefl~s for apprentices. Any employee l;steO on the payroll at a tralnee rate who is not reg;stereo ana particiPating in I training plan approved by the Employment and Training Aom;nistration shall be pa;o not less than the IPplicable wage rate on the wage oeterminat;on for the clusH;cat;on of work actually performeo. In aOd;tion, any tra;nee perform;ng work on the job s;te ;n e.cess of the rat;o permitteO under the registereo program shall be pa;o not less thin the applicable wage rate on the wage oeterminat;on for the work actually performeo. In the event the Employment ana Trl;n;ng Administrat;on w;thOraws approval of. a tra;nhg pro- gram, the contractor will no longer be per'm;tted to ut;1ize tr'ainees at less than the appl;cable pr'eoeter'm;neo r'ate for' the work per'formeo unt;, In Icceptable pr'ogr'am is approveo. (iii) Equal Employment Oppor'tunity - The ut;1hation of appr'entices. tr'a;nees and -jouraeymen unoer' th; 5 part shall be in conformi ty wi tll tile eQua 1 employment opportunity reQu;rements of E.ecutive Order' 112-6. as amenoed. ana 29 CFR Part 30. (5) compliance Witll Copeland Act Requirements - Tile contractor sllall comply with tile requirements of 211 CFR Part 3. wh;Ch are ;ncorporated by reference in this contr'act. (6) Subcontracts - Tile contr'actor Or' subcontract- or shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) tllrougll (10) and such other' clauses as tile (write 1n the name of the Feoer'al agency) may by apPr'opr;ate instruct- ions reQu;re, ana also a clause requiring the subcontractor'S to ;ncluoe tllese clauses in any lower tier' subcontracts. The pr';me contr'actor' slla" be r'esponsible for' the compliance by any subcontr'actor' or lower t;er' subcontractor with a" the contract ~lauses ;n 29 CFR 5.5. . . (7) Contract Termination~ Debarment - A breach of the contract clause in 29 CFR 5.5 may be groundS for termina- ti on of the contract, ana for debarment IS a contractor and a subcontractor as provided in 29 CFR 5.12. (B) Compliance with Davis-Bacon and Related Act All rulings and interpretations of the Related Acts containeo in 29 CFR Parts 1, 3, incorporated by reference in this contract. ReQuirements Dni s-Bacon ana ana 5 are herein (9) Disputes Concerning Labor Standards Disputes arising out of the labor stanoaros provisions of this contract shall not be subject to the general disputes clause of th is contract. SuCh a i sputes s ha 11 be resolved in accordance with the procedures of the Department of Labor set forth in 29 eFR Parts 5, 6, and 7. Disputes within the muning of this clause hcluoe oisputes between the contractor (or any of its subcontractors) and the contracting agency, the U. S. Department of Labor, or the employees or their r~presentatives. (10) Certification of El;gib;l;ty - (i) By enter- ;ng ;nto this contract the contractor cert;fies that ne;ther ;t (nor he or she) nor any person or f;rm who has an ;nt~rest ;n the contractor's f;rll is a person or firm heHg;ble to be awardeo Government contracts by virtue of section 3(a) of the Dav;s-Bacon Act or 29 eFR 5.12(a)(1). (ii) No part of this contract shall be subcontracteo to any person or f;rm ineligible for awaro of a Government contract by v;rtue of section 3(a) of the Dav;s-Bacon Act or 29 CFR 5.12(a)(1). (Hi) The penalty- for mating false S'tluments is prescribeo in the U.S". Criminal tode. 18 U,$.t. 1001. . (bl Contract Wort Mours ana Safety Stanoards Act - The Agency Mead shall cause or require the contracting off;cer to insert th, following clauses set forth in paragraphs (b)(ll. (2). ' (3). and (4) of thi s section in fu11 in any contract subject to the overtime prov;si ons of the Contract Wort Mours ana Safety Stanoaros Act. These clauses shall be ;nserteo in adoition to the clauses reQu;red by 5.5(a) or 4.6 of 'art 4 of this title. As useo in this paragraph. the terms .'aborers. and. .mechan;cs. include watchmen and guards. (1) Overtime Requirements - Mo contractor or subcontractor contracti ng for any part of the contract wort wh i ch may reQu; re or invo he the employment of laborers or mechan;cs shall requ;re 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 unl ess such laborer or mechanic receives compensation at a rate not less than one ana one-half times the basic rate of pay for all hours workeo in excess of forty hours in such workweek. (2) Violation: Liability for Unpaid Wages: LiQuidateO Damages In the event of any violation of the clause set forth in paragraphS (b)(l) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the Uniteo States (in the case of work oone unoer contract for the D;strict of Columbia or a terri tory, to such Di stri. ct. or to such terr; tory) , for liQuidated dlmages. SuCh 11QUloateO damages shall be computeo with respect to elch indivioual llborer or mechan;c, including watchmen Ino guardS, elllployeo ;n violation of the clause set forth h paragraph (b)(l) of this section, ;n the SUIl of $10 for each ca1enolr day on wh i ch such ; no iv i oual was reQui rea or perllitteo to work in excess of the stanolro workweek of forty hours w; thout payment of the overt; me wages reQu; red by the clause set forth in paragraph (b) (1) of this sect;on. . (3) W;thholo;ng for Unpaio Wages and L;Qu;dlted Damages - The (write ;n the name of the Feoeral agency or the loan or grant reciphnt) shall upon ;U own Ict;on or upon written reQuest of an author;zeo representat;ve of the Department of Labor withhold or cause to be w;thhelo, from any moneys payable on account of work perforllleo by the contractor or subcontractor unoer any such contract or any other Feoeral contract wi th the SllIIe pri lie contractor. or any other_ Federally. assisteo contract subject to the Contract Work Kours and Slfety Standards Act. wh;ch is held by the SllIe prime contractor, such sums as may be oeterlll;neo to be necessary to satisfy any l;ab;lities of such contractor or subcontractor for unpa;o wages ana liQu;oateo damages as provioed in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts.- The contractor or subcontract- or sha" hsert in any subcontracts the cl auses set forth in subparagraph (1) through (4) of this paragraph ana allo a clause reQu;ring the subcontractors to incluoe tllese clauses ;n any lower tier subcontracts. Tile pr;lIe contractor slla" be responSible for compl;ance by any subcontractor or lowe. tier subcontractor w; tll the c 1 IUSes set forthi n subparagraphs (1) tllrougll (4) of tll;s paragrapll. (c) In addition to tile clauses contained in paragrapll (b), in any contract subject only to tile Contract Work Kours . and Safety Standards Act and not to any of the other statutes cited in 5.1, the Agency head shall cause or reQuire tne contract;ng officer to insert a clause reQuiring that the contractor or subcontractor shall maintain payrollS and basic payroll recordS during the course of the work. and shall preserve them for a peri od of three years from ,the c~mpl eti on of the contract for all laborers and mechanlcs, lncluding guaros ana watchmen, worki ng on the contract. Such records sha" contain the name and aodress of each such employee, social secur;ty number, correct classification, hourly rates of wages pa;d, daily ana weekly nu~ber of hours worked, deOuct- ; ons maoe ana actua 1 wages pa 1 d. Further, the Agency Head Shill clu;e or require the contracting officer to insert in any such contract I clause prov;o;ng that the recoros to be maintlineo unoer th;S paragraph shall be maoe available by the contractor or subcontractor for inspect; on. copyi ng, or transcr; pti on by authori lea representati ves of the (wri te the name of Igency) and the Department of Labor. ana the contractor or subcontractor w;ll permit such representat;ves to ;n~erview emp 1 oyees eluri ng work; ng hours on the job. (Approveo by the Off;ce of Management anel 6uoget unoer OM6 control numbers 1215-0140 Ino 1215-0017.) 5.6 Enforcement (1)(1) It shall be the responsib;1ity' of the Feoerll agency to ascerta;n whether the clauses reQu;red by 5.5 hIVe been inserteel in the contrlcts subject to the labor stlnoaros prov;sions of the Acts contl;neo in 5.1. Agencies which 00 not oirectly enter into such contracts shall promulglte the necessary regulat;ons or proceoures to require the recipient of the Feeleral assistance to insert in its contracts the prov;sions of 5.5. No paYllent. aOYlnce. grant. loan. or guarantee of funos shall be approved by the Feaenl agency unless the Igency ;nsures that the clauses requireo by 5.5 ana the appropriate wlge deterllination of the Secretary of Labor are conti i neO in such contracts. Furtherllore. no payment. advl~ce. grant. loan. or guarantee of funds shall be approveo by the Feoeral agency after the beginning of construction unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have compl;ed with the provisions of 5.5 or unless there is on file w;th the agency a certification by the 'contractor that there is a substantial oispute with respect to the reQuirea prov{sions. . (2) 'ayrolls and Statements of COllpliance subm;tteO pursuant to 5.5(&)(3)(11) shall be preserveo by the Feaenl agency for a period of 3 years from the date of cOlllplet;on of the contract and shall be produced at the request of the Department of Labor at any tille ouri ng the 3-year perioo. (3) ihe Federal agenc:y' shall c:ause suc:h investigations to be made as may be nec:essary to assure ~omplianee with the labor standards ~lauses reQuired by 5.5 and the appl;~able statutes 'isteO in 5.1. Investigations shall be maoe of all contracts with suc:h freQuen~y as may be ne~essary to assure ~omplian~e. Su~h investigations shall include interviews with employees, which Shal.l be taken in confidence, ana examinations of payroll data and evidence of registration and certHication with respect to apprenticeship and training plans. In making such examinations, particu~a~ ca!"e shall be taken to determine the correctness of classlf1Catlons and to oeterm;ne whether there is a disproportionate employment of laborers ana of apprent;ces or trainees reg;stereo in approved progralls. Such investigations shall also incluoe evicl!nce of fringe benefit plans and pay.ments the~eunoer. Complalnt$ of allegecl viollt;ons shal' be glven pr;orlty. (4) In accoroance with norma' operating proceoures, the contrlcting agency lilY be furnhheo various invest;gltory .ater;ll froll the ;nvest;gation files of the Deplrtllent of L.abor. None of the .1 ter;a 1, other than compu- tations of back wages ana liQuioateO oallages and the SUllllary of blck wages clue, lIay be c1hcloseo ;n any lIanner to anyone other " than Feoeral offic;als chargeo w;th aom;n;stering the contract or prograll prov;oing Feoeral ass;stance to the contract, without reQuestng the perll;ssion ana views of the Department of 1.abor. (5) I t is the po 11 cy of the Department of L.abor to protect the i denti ty of its confiOentil 1 sources ana to prevent an unwarranted invasion of personal pr;vacy. Accoro;ng'y, the iclentity of an employee who makes a.WP1tten.or ora' statement as a complaint or in ~e course of an invest;ga- tion, as well as portions of the statement which woulo reveal the employee's identity, shall not be discloseo in any lIanner to anyone other than Federal officials without the prior consent of the employee. Disclosure of ellployee statellents sha" be gourned by the provisi ons. of the -Freeoom of Informlt;on Act~ (S U.S.t. 552, see tFt Part 70) and the .Privacy Act of 1974- (5 U.S.t. 552a). (b) The Administrator shall cause to be lIaoe such ;nvestigations as deelled necessary, in .order to obtain c~mpli- ance w; th the 1 abor stanoaros provisions of the appH'Cable statutes ,isteo in 5.1, Dr to affirll or reject the recOllmenda- tions by the Agency Head with respect to labor standardS matters ar;s;ng unoer the statutes listed in 5.1. Federal agencies, contractors, subcontractors, sponsors, applicants, Dr owners shall cooperate with any IUthorizeo representathe of the Department of Labor in the inspection of records, in inter- views with workers, and in all other aspects of the investiga- tions. The finoings of such an investigation, incluo;ng amounts found due, lIay not be al tered or reduced wi thout the , approval of 'tile Depar'tmen't of Labor. Wllere 'tile underpaymen'ts discloseO by such an inves'tiga'tion 'to'tal Sl.DDD or more, wllere there is reason to believe 'tllat 'the vio1&'tions are aggrevated or willful (or, in the case of the Davis-Bacon Act, that the contractor has di$regarded its obligations to employees and subcontractors), or where 1 i Qui oa tea damages may be assessed under the ContrH't Work Hours ana Safety Standards Act, the Department of LaD or wi 11 furni sh the Federal agency an enforcement report detail i ng the 1 abor standards vi 01 ati ons o;scloseo by the inwestigat~on a.no any a~tion ~aken ,by the contractor to correct the vlolatne practlces, lncludlng any payment of back wag.es. In other circum.st.ance.s, the Feoera' agency will be furn~sheo ~ le,tter of notlflcatlon summarizing the findings of the lnwestlgatlon. 5.7 Reports to the Secretary of Labor (a) Enforcement Reports. (1) Where unoerpayments by a contractor or subcontractor total 1 ess than Sl, ODD, and where there ;s no reason to believe that the v;olations are aggregated or willful (or, ; n the clSe of the Davis-Bacon Act that the con'tractor hIS oisregarCleo ;ts obHgat;ons to emp 1 oyees and subcontractors), ana where resti tuti on hIS been effecteO and future compliance assured, the Feoeral age~cy need not subll;t its investigative f;noings and recomllendat;ons to the Admininrator, unless the investigat;on was lIaoe at the reQuest of the Department of Labor. In the. latter case, the ~eoeral agency shall submit a factual sumllary report oeta;ling any v;olations including any data on the allount of restitution pa; O. the number of workers who receiveo rest; tut; on. liQu;oauo damages assesseo unoer the Contract Work Kours ana Safety Stanoaros Act, corrective _measures taten (such as -'etters of not;ce-l, ana any inforllation that lIay-be necessary to rev;ew any recOllmenoations for an appropriate aojuS~lIent in liQu;oateo oamages unoer S.B. (2) Where underpaYllents by a contractor or subcontractor total $1.000 or 1I0re. or where there is reason to believe that the violations are aggravated or willful (or. h the ~ase of the Davis-Bacon Act. that the contractor has ohregarded 1 ts obl 1 gati ons to ellployees and subcontractors). Ue Feoeral agency shall furnish within 6D days after cOllple- t;on of its 1nvest;gation. a detaileo enforcellent report to the Admi nhtra tor. . (b) Semi-annual Enforceaent Reports - to -assist the Secreury in. fulfilhg the responsibilities under Reorgan'izu;on Plan No. 14 of 1950. Federal agencies shall furnish to ~he Aom;n;strator by April 3D and October 11 of each calenoar year semi-annual reports on cOllpliance with and enforcement of the 1 abor stanoards provisions of the Davis-Bacon Act and its related acts covering the periods of October 1 througllfolarch 31, and Apri 1 1 tllrough September 30, respectively. Such reporu shall be prepared in tile manner prescribed in memoranda issued to Federal agencies by tile Aoministrator. This report has been cleared in accordance with FPMR 101-11.11 and assi gned interagency report control number 1482-DOL-SA. (c) AodHional Information - upon request, the Agency Hud sha 11 transm; t to t,he Aomi ni strator such ; nfor- mation ava;lable to the Agency w1th respect to contractors and subcontractors. their contracts, ana t~e nature of the contract work as the Aomi ni stra tor may f1 nd necessary for the performance of his or her dutie,s wi~h respect to the labor standards provisions referred to 1n thlS part. (d) Contract Terminat;on - Where a contract is term;nateo by reason of violations of the labor standaros provisions of the statutes listeo ;n 5.1. a report shall be submitteO promptly to the Administrator and to the Comptroller General (H the contract is SUbject to the On; s-Bacon Actl. g;ving the name and address of the contractor or subcontractor whose ri ght to proceed has been termi nateo. ana the name ana address of the contractor or subcontractor. ;f any. who ;s to complete the work. tile amount ana number of the contract. and the descr;ption of the work to be performeo. , . 5.8 L;Quidate; Damages Unoer the Contract Work Hours ana Safety StanOards Act _ (al The Contract Work Hou~ ana Safety Stanoaros Act reQu;res that laborers or mechanics shall be p~id wa9~s at a rate not less than one ana one-half times the basic rate of pay for, all hours worked in excess of forty hours in any workweek. In the event of violation of this provis;on. the contractor ana any subcontractor Shall be liable for the unpa;o wages ana ;n aooition for l'IQuioated damages. computed w;th respect to each laborer or meChanic employeo in violation of the Act ; n the amount of no for each calendar day in the workweek on wh;ch such individual was r~Quireo or permitteo to work ;n excess of forty hours wi thout payment of reQui rea overtime wages. Any contractor or subcontractor aggrieveo by the withholoing of liquidated damages shall have the right to appea 1 to the head of the agency of the United States (or the terr;tory of Distr;ct of Columbia. as appropriate) for which the contract work was performed or for which financial assistance w~s proYideo. b) Finoings and Recommendations of the Agency Head _ The Agency Heao has the authOri ty to revi ew the aoministrative determ;nation of liquidated damages and to issue a final oroer aff;rm;ng the determination. It is not necessary to seek the concurrence of the Administrator. but the Aom;n;strator shall be aovised of the action taken. "henev.er . the Agency Head finds that a sum of liQuidated damages administratively determined to be due is incorrect or that tne contractor or subcontractor violated inadvertently the provisions of the Act notwithstanding tne exercise of due care upon the part of the contractor or subcontractor involved, and the amount of the liQuidated damages computed for the contract is in excess of S500, the Agency Head may make recommendations to the Secretary tnat an appropriate adjustment in liQuidated oamages be maoe ~r. that the contr~ct~r or subcontractor be relieved of liab11,ty for suCh l'Qu1dated damages. Such f;no;ng5 with respect to liquidated damages shall inclUde fino;ng5 with respect to any. wage underpayments for which the liQu;oated oamages are determ1ned. (c) The recommenoations of the Agency Head for aojustllent or rel;ef frail liQuidateO damages unoer plragraph (a) of this section shall be reviewed by Ue Aomini$trltor or an author; zed representative who shall is.sue an order concurring ;n the recomenda~ions. plrt;llly, concurring in the recommendltions, or reJect1ng the recommenoat;ons. Ino the relsons therefor. The order shall be the final oecision of the Department of Llbor. unless I petition for rev;ew :is fned pursulnt to Plrt 7 of th;s title. Ino the Wlge Appells BOlrd ;n ;ts o;scretion reviews such dec;sion Ind oroer. or. w;th respect to contrlcts subject to the Service Contrlct Act. unless petit;on for rev;ew ;s fileo pursulnt to Plrt 8 of th;s title. Ind the BOlro of Service Contrlct Appells in its d;scretion rev;ews such oecision Ino oroer. (d) Whenever the Agency Head findS that I SUII of l;Quiolteo dlmlges lom;nistrltively oetermined to be oue under section 104(1) of the Contrlct Work Hours Ind Slfety Stlndlrds Act for I contrlct 1 s 1500 or , ess ana the Agency Heao f; nos thlt the SUIl of liQuioated dallages is incorrect or that the contractor or subcontractor viollteo inlovertently the provisions of the Contract Work Hours and Slfety Standards Act notwithstanding the e&ercise of due care upon the part of the contractor .or. subcontractor involved. an appropriate adjustllent may be made in such liquidated oamages or the contractor or subcontractor may be rel1eveo of 1 iabi 11 ty for such l1Quidateo damlges w;thout submitting recomllenoations to uis effect or a report to the Department of Llbor. Tlli s delegation of authority is maoe unoer section 105 of the . Contract Work Hours and Safety Stanoards Act ana has been found to be necessary and proper in the publ1 c interest to prevent unoue hardsh;p ana to avoid serious impairllent of the conouct of Governllent bus;ness. 5.9 Suspension of tunds In the event of failure or refusal of the contractor or any subcontractor to comply with the labor standards clauses contained in 5.5 and the applicable statutes listed in 5.1 the Federal agency, upon its own action or upon written reQuest of an authorized representative of the Department of Labor, Shall take such action as may be necessary to cause the suspension of the payment, advance or guarantee of funds unti 1 suCh time as the v;olations are discontinueo or until sufficient fundS are w;thheld to compensate employees for the wages to which they are entitleo and to cover any liquidated damages which may be oue. 5.10 Restitution, Criminal Act;on. (a) In cases other than those forwarded to the Attorney General of the uniteo States unoer paragraph (b), of th; s sect; on, where vi 0 la ti ons of the labor standaros clauses containeo ;n 5.5 and the applicable statutes listeo in 5.1 result ;n underpayment of wages to employees, the Federal agency or an author; zeo representathe of the Department of Labor shall request that rest;tution be maoe to ~uch employees or on their behalf to plans, funos. or programs for any type of bona fide fringe benefits with;n the meln;ng of section l(b)(Z) of the Dav;s-Bacon Act. (b) 1 n cases where the Agency Huo or the Aoministrator finos substanthl ev;oence that such violations are willful and ;n viollt;on of I cr;m;nal stltute. the matter shall be forwaroeo to the Attorney General of the Uniteo States for prosecution ;f the facts warrant. In all such cases. the Administrator shall be ;nformed simultaneous"" of' the act;on taken. 5.11 O;sputes Concerning Payment of Wages (a) lhis section sets forth the procedure for resolut;on of oisputes of fact or law concerning payment of prevail;ng wage rates. overtime pay. or proper classificat;on. lhe proceoures in this section .ay be initilted upon the Aomin;strator's own motion. upon referral of the d;spute by a Feoeral agency pursuant to 5.5(a) U). or upon request of the contractor or sUbcontractor(s). . (b)( 1) I n the event of a di spute oescri bed in paragraph (a) of this section in which it appears that relevant facts are at ;ssue. the Administrator will notify the affected contractor ana sUbcontractor(s) (if any), by registereo or cert;f;eo mail to the list tnown aooress, of the investigat;on . findings. If the Administrator determines that there is reasonable cause . to be1 i eve that the contractor anellor subcontractor Is) shou1d a1so be subject to debarment under the Davis-Bacon Act or 5.12Ia)11), the 1etter wi11 so indicate. (2) A contractor andlor subcontractor oesiring a hearing concerning the Administrator's investigative finoings Shall request such a huring by letter postmarked with;n 30 days of the date of the Administrator's letter. The request Shall set forth, those. findings w~iCh ~re in oispute and the reasons therefor, 1nc1ud1ng any aff1rmat1ve defenses, with respect to the violations anC/or oebarment, as appropriate. (3) upon receipt of a t;mely request for a hur;ng, the Aomi ni strator sha 11 refer the cue to the Chi ef Adm;n;strative Law Judge by Droer of Reference, to wh;ch Shall be attacheo a copy of the 1 etter from the Admi ni strator and response thereto, for des;gnat;on of' an Aomin;strative' Law Juoge to conduct suCh hearings as may be necessary to resolve the oisputeo matters. The hearing Shall be conoucteo in accoroance with the procedures set for~h ;n 29 CFR Part 6. (c)(l) In the event of a oispute oescr;beo in paragraph la) of this sect;on in whiCh ;t appurs that there are no relevant facts at ;ssue. ana where there ;l not at that t;me reasonable cause to institute oebarment proceeoings under 5.12. the AC!mi nhtr.ator shall notify the contractor and sub- contractor(s) I;f any). by registereo or certified mail to the last known aodress, of the ;nvest1gat1on f1noings, ana Shall ;ssue a rul;ng on any ;ssues of law known to be in o1spute. (2)(1) If the contractor anll/or sub- contractor(s) ohagree with the factual findings of the AOII;nhtrator or believe that there are relevant facts in d;spute. the contractor or subcontractor(s) shall so aov1se the Aom1n1strator by letter postmarked within 30 days of the Administrator's letter. 1ft the response. the contractor and/or subcontractor(s) shall uptain in detan the facts allegeo to be in"o;spute and attach any lupporting dosumentat;on. (11) Upon receipt of a response unoer paragraph (c)(2)(i) of this section alleging the ex;stence of a factual dispute. the Administrator shall eumine the informa- t;on submitteo. If the AOmin1strator oeterm;nes that there is a . relevant ;ssue of fact. the Aom1nistrator shall refer the case to the th;ef Aom1n;strative Law Judge in accoroance with paragraph (b)(3) of this sect;on. If the Adm1n;strator deter- m;nes that. there is no relevant issue of fact. the Adm1 nistrator shall rul e and aovhe the contractor and subcontractor(s) (if any) accoroingly. (3) If ~he con~rac~or and/or SUbcon~ractor(s) desire review of ~he ruling issued by ~he Administra~or under paragraph (c)(l) or (2) or ~his section, ~he con~ractor and/or SUDcon~ractor(s) shall file a petition for review thereof with the wage Appeals Board wi~hin 3D days of the date of the ru 1 i ng, wi th a ~opy thereof the Aom;nistrator. The petition for review shall be filed in accordance with Part 7 of ~his title. (d) If a t;mely response to the Aoministrator's f;ndings ~r ruling is not maoe or a timely petition for review h not fi1eo the Administrato'S findings and/or ruling shall be fi na 1 e;cept that wi th res pect to debarment under the Davis-Bac~n Act. the Aomin;strator shall aov;se the Comptroller General of the Administrator's recommendation ;n accordance with 5.12(a)(1). If a t;mely response or petit;on for review ;s fileo the findings ana/or ruling of the Adm;n;strator shall be .;nope~ative unless ana untn the oechion ;s upheld by the Aom;n;strative Law Juoge or the Wage Appeals Boaro. 5.12 Debarment Proceeoings. (a)(l) Whenever any contractor or subcontractor ;s found by the Secretary of Labor to be ;n aggrevateo or willful v;olat;on of the labor stlndarOs prov;s;ons of any of the app 11 cab 1 e statutes li steo in 5.1 other than the Dav;s-Bacon Act. such contractor or subcontractor or any firm. corporation, partnershi P. or usochti on in whi ch SUCh contractor or sub- contractor has a subs~antial interest shall be ineligible for a per;oo not to exceeo 3 yearS (from the oate of publication by the Comptroller General of the name or names of sa;d contractor or subcontractor on the ineligible list as prov;ded below) t~ recei we any contracts or subcontracts subject to any of the statutes l;sted in 5.1. (Z) In cases arising under contracts covered by the Davis-Bacon Act. the Adm;nistrator shall transm; t to the tomptroller General the na.es of the contractors or subcontractors and their responsi bl e offi cers. ;f any (ana any fir.s in which the contractors or subcontractors are known to have an interest). whO have been founo to hne o;sregaroed their obligations to employees. ana the recommendati on of the Secretary of Labor or authorheo representative regar1Si ng debar.ent. lhe tomptroll er . Genera 1 . will oistribute a list to all Federal agencies giving the na.es of such ineligible person or fi,..s. who shall be ineligible to be awaroeo any contract or subcontract of the United States or the District of tolu.bia and any contract or subcontract subject to the labor standards provisions of the statutes .listeo in 5.1. (b)(l) In addition to cases. under wldcn debarment action is initiated pursuant to 5.11, whenever as a result of an investigation conducted by the Federal agency or tne Department of Labor, and where the Admi ni strator fi nds reasonable cause to believe that a contractor or subcontractor has committeO willful or aggravated violations of the labor standards provi si ons of any of the statutes 1 i sted in 5.1 (other than the Davis-Bacon Act), or has committed yiolations of the Oavis-Bacon Act which constitute a disregaro of its obhgat;ons to employees or subcontractors under section 3(a) thereof, the Aoministrator shall nto;fy by registered or certHhc1 mail to the 1 ut k~own aoo~eS5, t~e contractor or subcontractor and its responslble offlcers, ,f any (ana any firms ;n wh;ch the contractor or subcontractor are known to hIVe a substantial interest), of the finding. The Admin;strator shall afford such contractor or subcontractor and any other parties notHieo an opportun;ty for a hearing as to whether oebarment action should be taken unoer paragraph (a)(l) of th;s sect;on or sect;on 3(a) of the Davis-Bacon Act. The Aom;n;strator shall furnish to those notif;ed a summary of the investigative find;ngs. If the contractor or subcontractor or any other part;es notified w;Sh to reQuest a hearhg IS to whether debarment action shoulo be taken. suCh a reQuest Shall be made by letter postmarkeo w;th;n 30 oays of the date of the letter from the Aoministrator. ana Shall set forth any f;nd;ngs which are in oisput! ana the relSons therefor, includinll any affirmathe Offenses to be ra;seo, Upon receipt of SuCh reQuest for. a heari ng, the Adll; n; strator sha 11 refer the case to the Chief Adm;nistrlt;ve Law Juoge by Oroer of Reference, to which shall be attacheo a copy of the letter from the AOII; n;strator ana the response thereto. for desi IInlti on of an Adlli ni strat; ve Law Juolle to conduct SUCh heari nlls as mlY. be necessary to determine the mltters in oilpute.- In 'ccrnsioerinll debarment unoer any of the statutes 1 isteO in 5.1 other thin the Dav;s-Bacon Act. the Administrative Law Juolle Shill issue an oroer concern;nll whether the contractor or subcontractor is u be debarred in accordance with paragraph (1)(1) of this sect ion. 1 n cons; deri nil debarment unoer the Da vis-Bacon Act. the Adm;n;strltive Law Juolle Shall issue a recollllenoation as to whether the contractor of subcontractor shoulo be oebarreo under iect;on 3(1) of the Act. (2) Hearings unoer this section Shall be conoucted in accordance with 29 CFR 'art 6. If no hear;ng ;s reQuesteo withh 3D days of rece;pt of the letter from the · Adm;n;strator. the Administrator's finoinlls Shall be final. except w;th respect to recomllendations regaroing debarllent under the Oav;s-Bacon Act. as set forth in paragraph (a)(2) of this sect; on. (cl Any person or firm debarred under 5.12(a)(ll may in writing reQuest removal from the debarment list after six months from the date of publ i cati on by tile Comptroll er General of such person or firm's name on tile ineligible list. Such a reQuest should be directed to the Administrator of the Wage and Hour Division, Employment Standards Aoministration, U.S. Department of L.abor, washington, D.C. 20210, and Shall conta;n a full explanation of the reasons why such person or firm should be removeo from the ;neligible list. In cases where the contractor or subcontractor failed to make full rest;tut;on to all unoerpaid employees, a reQuest for. relloval wnl not be consioereo until such unoerpaYllents are Ilaoe. In all other . cases , tile Administra.tor ~nl eumi,ne the facts ana circumstances surround;ng the vl01atlve practlces which caused the debarment, and issue a dechion as to whether or not such person or firm has demonstrlteO a current responsibility to comply with the labor standaros provisions of the statutes 1 hteo ;n 5.1. and therefore shoul a be removeo froll. the ;nel;gible list. Among the factors to be' consioered ;n reach i ng such a oec is; on are the severUy of the v; ola'ti ons, the contrlctor or SUbcontractor's attituoe towaros compliance. ana the past compl;ance h;story of the firm. In no ~ase w;ll SuCh removal be effecteO unless the AOllinistrator determ;nes after an investi gat;on that such person or fh'm is ;n compliance with the labor standaros prov;s;ons applicable to Federa 1 contracts ana Feoera 11 y ass; sted constrlKti on work subject to any of the applicable statutes listeo in 5.1 ana other labor statutes prov; oing wage protecti on, such as t.he Servi ce contract Act, the Wal Sh-Healey Public Contracts Act, and the Flir Labor Stlnoaros Act. If the reQuest for removal is den;ea. the person or firll illY petitton for review by the .Wage Appells BOlro pursuant to 20 CFR Part 7. - .- (a l (1) Secti on 3 (a) of the Davis-Bacon Act provi des that for I perioo of three years froll oate of publication on the ;nel;g;ble list, no contract shall be awardeo to any persons or firms placed on the list as a result of a finoing by the Comptroller General that such persons or firms hive dhre-garoed obligations to ellployees and subcontractors unoer that Act, ana further. that no contract shall be awaroeo to -any f;rll, corporation, partnership, or associat;on in wn;ch such persons or firms have an interest-. Paragraph (a)(l) of th;S sect;on s;m;larly prov;des that for- a period not to e~ceeo three yelrs from oate of publication on the ineligible list. no · contrlct subject to any of the statutes 1isteo in 5.1 shall be awaroed to any contractor or subcolltractor 011 the i"eligible list pursuant to that paragraph. or to -any firll, corporation, partnersh;p, or association- ill which such contractor or subcontractor I'IIS a "substantia' interest". A finding IS to whether persons or firms whose names appear on tne ineligible list. have an interest (or a substantial interest, as appropriate) in any other firm, corporation, partnerShip, or association, may be made through investigation, nearing, or otherwise. (2)(i) The Administrator, on his/her own mot;on or after receipt of a request for a determination pursuant to paragraph (d)(3) of this section may make a finding on the issue of interest (or substantial interest, as appropr;ate) , (ii) If the AOlllin;strator oeterllines that there lIay be an interest (or substantial interest, as appropr;ate), but finos that there is ;n~ufficient ev;oence to renoer a f;nal ruling thereon, the Aominlstrator may refer the ;ssue to the Chief of AOII;n;strathe Law Juoge ;n accoroance with paragraph (0)(4) of thiS section. (;; il If the AOII; n; stra tor finos that no ;nterest (or substantial interest. as appropriate) u.hts, or that there ; s not suffi c; ent ; nformati on to warrant the in;tiltion of an ;nvest;gat;on, the requesting party, H any, w;ll be so notif;eo and no further action taken. (h) If the Aoministrator finos that an interest (or substantial fnterest, as appropriate) exists, the person or firm affecteo wnl be notHieo of the Adllin;strator's finoing (by certifiea man to the last known adoress), which shall incluoe the reasons therefor, and such person or f;rlll shall be afforoeo an opportunity to request that - a hearing be held to render a oecision on the issue. (I) Such person or firm shall have 20 oays fl'om the oate of the Uministrator' s ruling to request a hearing. A detailed statement of the I'easons why the Aomin;strator's ruling is in error, incluoing facts alleged to be in dispute, if any, shall be submitted with the request for a hearing. (C) If no hearing is reQuest- eO w;thin the t;me mentioned in paragraph (d)(Z)(iv)(I) of this sect;on, the Uminhtrator I s finoing shall be final ana .the , umin;strator shall so notify tile Comptroller General. If a hearing ;s requested, the ruling of tile Administrator shall be inoperative unless ana until tile administrative law juoge or the Wage AppealS Board issues an order tllat there is an interest (or substantial interest, as appropriate). (3)(i) A reQuest for a determination of interest (or substantial interest, as apropriate), may be made by any interested party, i nc 1 udi ng contractors or. prospecti ve contractors and associations of contractor's representatives of employees. and interested Government agencies. Such a reQuest shall be submitted in writing to the Aoministrator. Wage and Hour Dhision, Employment Stanoaros Aoministration, U.S. Department of ~abor, Washington. D.C. 20210. (i) The request shall incluoe a statement setting forth in detail why the petitioner believes that a person or firm whose name appears on the oebarreo bidders list hIS an interest (or a substantial ;nterest, IS appropriate) in any firm, corporat;on, partnersh;p, or Issoc;at;on which is seeking or has been awaroeo a contract of the Un;ted States or the oistr;ct of Columbia, or wh;.ch ;s subject to any of the statuteS listeO in 5.1. No particular form ;s prescr;bed for the subm;ssion of a reQuest under this sect;on. (4) Referral to the Chief Aoministrative law Judge. _ The Adm;nistrator, on his/her own 1I0t;on under para- graph (d)(2)(ii) of this sect;on or upon a request for hearing where the Aomillistrator oetermhes that relevant facts are in dispute, wil 1 by order refer the issue .to the thhf Administrative law Judge, for oes;gnat;on of an AOII;nistrat;ve law Juoge who shall conouct such hearings as lIay be necessary to render a decision solely on the issue of interest (or substantial int~rest. IS appropriate). Such proceeoings shall be conducted in accoroance w;th the procedures set forth at 29 CFR Part 6. (5) Referral to the Wage AppealS Boaro. - If the person or firm affecteo requests a hear;ng ana the Aom;n;strator oeterllines that relevant facts are not ;n oispute. the Adlllin;strator will refer the issue and the record cOlllpileo thereon to the wage AppealS Board to render a oecis;on solely on the issue of interest (or substantial interest. IS appropriate) . Such lIroceedi ngs shall be conoucteo in accordance w;th the lIroceoures set forth at 29 tFR Part 7. 5.13 Rul;ngs ana Interpretations. All Questions relating to the application and ;nterpretat;on of wage oeterllinnions (incluoing the class;- ficat;ons therein) ;ssueo pursuant to Part 1 of this subtitle. of the rules containeo in thh part and in Parts 1 ano.3. and . . . of the labor standards provisions of any of ~he s~a~u~es 'is~ed in 5.1 shall be referred to the Administrator for appropriate ruling or interpretation. The rulings and interpretations shall be authOritative and thOSe under the Davis-Bacon Act may be relieo upon as provided for in section 10 of the portal-to-portal Act of 1947 129 U.S.C. 259). Requests for such rul i ngs and i nterpreta ti ons shoul d be addresseo to the Aomini strator. Wage and Hour Di vi si on, Employment Standards Aomin;strat;on, U.S. Department of Labor, Washington, D.C. 20210. 5.14 Variat;ons, Tolerances, ,ana Exemptions from Parts 1 and 3 of this Subtitle ana thlS Part. The Secretary of Labor may make variat;ons, tolerances, and exemptions from the regulatory requirements of this part ana those of Parts 1 and 3 of this subtitle whenever the Secretary finos that such action ;s necessary ana proper ;n the public ;nterest or to prevent ;njust;ce and unoue harosh;p. Var;at;ons, tolerances, ana exempt;on~ may not be ~aoe frolll the statutory reQu; rements of any of the statutes 1 uteo ;n 5..1 unless the statute specifically prov;oes such authority. 5.15 L;mitations, Var;at;ons, Tolerances, and Exemptions Unoer the Contract work Hours ana Safety Stanoaros Act. ea) General. Upon h;S or her own inittative or upon the request of any Feoeral agency, the Secretary of Labor may provioe under section.10S of the Contract Work Hours ana Safety Standards Act reasonable limitat;ons and allow variat;ons. tolerances, ana exempt;ons to and from any or all provis;ons of that Act whenever the Secretary findS such action to be necessary ana proper in the publiC -interest . t~ prevent injust;ce, or undue hardship. or to .void serious impairment of the conduct of Government business. Any request for such acti on by the Secretary sha'll be submi tted in wr; ting. ana shall set forth the reasons for which the request is maoe. Ib) Exemptions. Pursuant to section 105 of the Contract Work Hours and Safety StandardS .Act. the foll owing classes of contracts are founo uempt from all provisions of that Act in oroer to prevent injustice. unoue harOship. or ser;ouS ;mpa;rment of Government business: (1) Contracts of S2.000.00 or less. . (2) Purchases and contracts other than con- struct;on contracts in the auregate amount of n.500.00 or less, In arr;v;ng at the aggregate amount involved. there must be included all property and services which would properly be grouped together in a single transaction and which would be includeo in a single advertisement for bidS if the procurement were being effected by formal advertising. (3) Contract work performeo in a workp lace w;thin a foreign country or within territory under the jurisoict;on of the United States other than ~l'Ie following: A State of the United States; the District of Columbia; Puerto R;co' the Y;rg;n IslandS; Outer Continental Shelf lanos defineo ;n ihe Outer tont;nental Shelf Lanos Act (ch. ?4S. 67 Stat. 462); Amer;can Samoa; Guam; Wake Islano; Enlwetok Atoll; Kwajale;n Atoll; ana Johnston Islano. (4) Agreements entereo ;nto by or on beha" of the Commodity Creoit Corporat;on provioing for the stor;ng in or hanol ing by commerieal warehouses of wheat, corn, oats, barley, rye, grain sorghums, soybeans, flaxseed, rice, naval stores, tobacco, peanuts, dry beans, seeds, cotton, ana wool. (S) Sales of surplus power by the Tennessee Valley Authority to States, count;es. municipal;ties, cooperathe organhation of c;thens or farllers, corporat;ons and other individuals pursuant to section 10 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 8311). (e)' Tolerances. (1) The -basic.rde of pay- unoer sect;on 102 of the Contract Work Hours ana Safety Stanoaros Act may be cOllputeo as an hourl y eQuha lent to the rate on whi ch t;lle-and-one-half overtime compensation may be computed ana pa;o unoer section 7 of the Fair Labor Stanoards Act of 1938. as amended (29 U.S.C. 207), as interpreted in Part 778 of this t;tle. Thh tolerance is found to be necessary ana proper ill the publiC interest in oroer to prevent unoue hardship. (2) Concerning the tolerance provided ;n paragraph (c)(1) of this section, the provisions of sect;on 7(d)'2) of the Fa;r labor Standaros Act and 771.7 of this title s.oulo be noted. Unoer these provisions, payments for oecas;onal per;oos when no work is performeo, oue to vacations, and s;m;lar causes are excluoable from the -regular rate- unoer the Fair Labor Stanoaros Act. Such payments. therefore, are also excluoable frail the -basic rate- unoer the Contract Work , Hours and Safety Stanoaros Act. .(3) See S.I(c) providing a tolera~ce suboelegat;ng authority to the heads of agencies to make appropriate aojustllents in the assessment of liQuioated da.ages totaling SSOO or less unoer specified circu.stances. , . (4)(i) Time spent in an organized program of rel ated, suppl ementa 1 i nstructi on by 1 aborers or mechani cs employeO under bona fide apprenticeship or training programs may be excluoed from working time of the criteria prescribed in paragraphs (c)(4)(ii) and (iii) of this section are met. (i;) The apprentice or trainee comes with;n the oef;nition containeo in 5.2(n). (iii) The time ;n Question ooes not i nvol ve proouct; ve wo.rk or performance of the apprenti ce I s or tra;nee's regular outles. (d) Variations (1) In the event of failure or refusal of tile contractor or any subcontractor to comply witll overtime pay requirements of tile contract Work Hours ana Safety Stanoaros Act. if tile fundS. ~ithhelo by Feoeral agencie~ for tile v;olat;ons are not sufflclent to pay fully. botll the unpa;o wages oue laborers and mecllan;cs and the liQu;oateo'oama~es oue tile Un;teo States. tile available funos shall be useo first to compensate tile laborers and mechan;cs for the wages to which tlley are entit1eO (or an equitable portion thereof when the funos are not aoeQuate for th;s purpose); and tile balance, if any, sllall be used for tile payment of liQu;oateo oamages. (2) 1 n the performance of. any contract entereo into pursuant to the provh;ons of 38 U.S.C. 620 to provide nurs;ng home care of veterans. no contractor or subcontractor unoer such contract sllall be deemeo in violation of section 102 of the Contract Work Hours and Safety Standaros Act by virtue of failure to pay the overtime wages reQu;reo by sucll section for work in excess of 40 hours in the workweek to any ;no;v;dual employed by an establishment which is an ;nst;tution primarily engaged in the care of the sick. the aged, or the mentally ill or defective 'who reside on the prem;ses ;f. pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work. a work period of 14 consecutive days is accepted in lieu of the workweek of 7 consecutive days for the purpose of overt;me compensation and if such inoividual receives compensa- t;on for employment in excess of 8 hours in any workday and in excess of 80 hours in SUCh 14-day per;od at a rate not 1 ess than 1 1/2 times the regular rate at which the inohi-dual h. employed. computed in accoroance with tbe requirements of the Fa;r Labor Standaros Act of 1138, as amended. (Approved by the Office of Management and Budget unoer OMI control numbers 1215-0140 and 1215-0017.) , (3) Any contractor or subcontractor perform- ing on a government contract the principal purpose of which is the furnishing of fire fighting or suppression and related services, shall not be deemed to be in violation of Section 102 of the Contract work Hours and Safety Standards Act for failing to pay the overt;me compensation reQuired by Section 102 of the Act ;n accoroance with the basic rate of pay as defined in paragraph (c)(l) of this section, to any pilot or copilot of a fheo-w;ng or rotary-wing aircraft employed on such contract H: (i) Pursuant to I written employment agreement between the contractor ana the employee wh;ch is arrived at before performance of the work. (A) gross wlges of not 1 eSS than S3DD totll number of hours workeo ;n Iny The emp 1 oyee recehes per week regardless of the workweek. Ind (B) W; thin any workweek the totll wlges which In employee receives Ire not less than the wlges to which the employee would have been entitleo in that workweek if the employee were plio the Ilin;mull hourly wage reQu;reo unoer the contrlct pur SUint to the provis;ons of the Service Contract Act of 1965 Ind Iny applicable wage oetermin- at;on issued thereunoer for all hourS worked. plus an aooitional premium payment of one-half times such' minimum hourly wlge for all hours worked in excess of .0 hours in the workweek; (11) the c4lntractor - maintains accurate recoros of the total daiJy and weekly hours of work performeo by such employee on the government contract. In the event these conoitions for the exemption are not met. the re- Quirements of section 102 of the Contract Work Hours and Safety Standards Act shall be applicable to the contract from the oate the contractor or subcontractor fails to satisfy the conoitions until, comp'etion of the contract. (Approved by the Office of Manlgement ana Budget under OMB control number 1215-0017.) 5.16 Training Plans Approyeo or Recognized by the Department of Labor Prior to August 20, 1975. . . (a) 1I0twithstanoing the provisions of 5.5(a)(')(11) relating to the utilization of trainees on Federa' and federa 11y assisted construction, no contractor sha'l be required to Obtain approval of . training program which, prior to August 20. 1975. was approved by the Department of Labor for purposes of the Davis-Bacon alld Related Acts. was estab1i shed by agreement of organized labor and minagement and therefore recognizeO by the Department and/or was recognized Dy the Department under Executive Order 11246, as amended. A copy of tne program and evidence of its prior approval, if applicable Shall be submitted to the Employment and Training Administration, which shall certify SUCh prior approval or recognition of the prog~~m. l,n eve!y other respec~, the provis;ons of 5.51,a){4)("l . ,1ftcludln.g thOse relatlng to reg;strat;on of tralnees, permlss1ble ratlos, and wage rates to be pa;d - Shall apply to these programs. (b) Every trainee employeo on a contract executed on ana after August 20, 1975, in o,ne of the above training programs must be i ndhi dua 11 y regutereo .i n the pr,ogram in acc:oroanc:e witn Employment and Trainlng Adminutration procedures, ana m~t be pai a at the rate speci f;ed. in the program for the level of progress. Any such employee luted on tne payroll at a trainee rate whO ;s not registered and part;cipating ;n a program certified by ETA pursuant to this sect; on, or approved ana certi fieo by ETA pursu'ant to 5.51a)(4)(ii), must be paio the wage rate oeterm;neo by tne Secretary of L.abor for the classH~cation of work ac:tually performeo. The rati 0 of tra; nees to journeymen shall not be greater than perm;tteo by the terms of the program. lc) In tne event a program which was'recognized or approveo pr)or to August 20. 1975, is mooifieo. reviseo. extendeo, or reneweo, the changes in the program or its ~enewal must be approved by the Employment ana Training Aom;nistration before they may be placeo ;nto effect. - 5.17 W;tnorawal of ' Approval of a Tra;ning Program. .If at any time the Employment and Training Aom;n;stration oetermines. after opportunity for a hearing. that tne stanoaros of any program. whether it is one recogn;zeo or approved prior to August 20. 1975. or a program subsequently approved. have not been complied with. or that such a program fans to prov;oe adequate training for participants. a contractor will no longer be permitteO to utilize tra;nees at less than the predetermineo rate for the Classification of work actually performed until an acceptable program is approved. . . . SUBPART B - INTERPRETATION OF THE FRINGE BENEFITS PROVISIONS OF THE DAVIS-BACON ACT (b) . . wages, wage shall ;n~lude AS used in ~his A~~ ~he ~erm .wages", "s~ale of rates", "minimum wages., and .prevailing wages" (1) The basi~ hourly rate of pay; and (Z) The amount of - (A) The rate of contribution ;rrevocably made by a ~on~ra~tor or subcontrac~or ~o a trustee or to a third person pursuant to a fund, plan, or program; and (B) The rite of costs to the contractor or sub~ontrae~or wh i ch may be reuonab 1 y anti ci- plted ;n providing benef;ts to laborers Ind mechlnics pursuant ~o In enfor~elble commi~ment to clrry out I finlncia"y respons;ble plln Dr program which WIS communiclteo in writing to the llborers Ino mechanics Iffected. for meoica' or hospital care. pens;ons on ret;rement or oeath. compensation for ;njurhs or ;11ness result;ng from occupationll acth;ty. or ;nsurance ~o provioe any of the foregoing. for unemployment benefits. l;fe insurlnce. o;sability and sickness ;nsurance. or accioent ;nsurance, for vlcat;on and holiday pay. for oefraying cos~s of apprenticeship or other s;milar programs. or for o~her bona f; de fri nge benefi ts. but onl y where the contractor or subcontrac~or is not reQu;red by other Feoeral. State. or local law to provioe any of such benef;ts. 5.24 The Basic Hourly Rate of PlY. .The basic hourly rite of pay. is that part of a 1 aborer' s or mechani c's wages whi ch the Secretlry of Labor woulO hue found ana includeo in wlge determinations pr;or to the 1964 amenoments. The Secretary of Labor is reQu; rea ~o conti nue to mike I separate finding of this portion of the wlge. In general. this portion of the wage is the cash payment made d;rec~ly to the llborer or mechanic. It does not incluoe fringe benefits. 5.25 Rate of Contribution or Cost for Fringe Benefits. la) Unoer the amendments. the Secretary is obl1 gated to mike a separate finding of the rate of contri buti on or cost of fri nge benefi ts. Onl y the amo.unt of . contributions or costs for fringe benefits which meet the reui rements of the act wi 1 1 be consi dered by the Secretary. These requirements are discussed in this subpart. lb) The rate of contribution or cost is oroinarily an hourly rate. ana will be reflected in the wage oetermination IS such. In some clses. however. the contribution or cost for certl;n fr;nge benefits mlY be expressed in I foraula or aethod of paYlllent other than an hourly rate. "In suCh cases, the Secretary lIIay in his discretion express in the wage . determination the rate of contribution or cost used in the formula or method or may convert it to an hourly rate of pay whenever he finds that such action would facilitate the 'aoministration of the Act. See 5.5(a)(I)(i) and (iii). 5.26 ....Contribution Irrevocably Hade...to a Trustee or to a Third Person". Under the fringe benefits prov1S10ns section l(b) (2) of the act) the amount of contributions for fringe benefits must be made to a trus tee or to a thi rd person i rrevocab 1 y. The .th;ro person" must be one who ;s not aff;liated with the contractor or subcontractor. The trustee must assume the usual fiduciary respons;bilities imposeo upon trustees by applicable law. The trust or fund must be set up in such a way that in no event w;ll the contractor or subcontractor be able to recapture any of the contr;butions paid ;n or any way di~ert the funds to h;s own use or benef; t. Although contri but; ons 1I.0e to . trustee or th;ro person pursuant to a benefit plan must be ;rrevoc.bly lIaoe. th;s does not prevent return to the contr.ctor or subcontr.ctor of SUIIS which he h.d paio ~n excess of the contr;but;ons .ctu.lly c.lleo for by the plan, .s where such excess paYllents result from error or frolll the necessity of making paYllents to cover the estim.teo cost of contributions .t . time when the exact .1I0unt of the necess.ry contributions under the pl.n is not yet .scert.ined. For eX.llple. . benefit pl.n lI.y prov;de for oefinite insur.nce benefits for employees in the event of the h.ppening of . specifieo contingency suCh IS death. s;ckness. .ccioent. etc.. .nd ..y prov;oe th.t the cost of such definite benefits. either in full or .ny b.lance in excess of specifieo e.ployee contributions.-will 'be borne by the contr.ctor orsubcontr.ctor. In such. c.se the return by the i nsur.nce co.pany to the contr.ctor or subcontr.ctor of SUIIS p.id by hill in excess of the ..ount reQuiring to proy;de the benefits wh;Ch. under the pl.n. .re to be proYioed through contr;butions by the contr.ctor Dr subcontr.ctor. will not be oee.ed . rec.pture Dr diversi on by the e.ployer of contri bu. tions ..oe pursu.nt to the pl.n. 5.27 ....Fund. Plan. Dr Progr.... The contri buti ons for fringe 'benefi ts .ust be, ..de . pursu.nt to . fund. plan or program (sec. Ub) (2) (A) of the .ct). The phlse .fund. pl.n. Dr progr... is .erely intenoed to recogni ze the var; ous types of .rr.ngements com.only used to provioe fringe benefits through ..ployer contributions. The r phrase ;s identical with language contained in section 3(ll of the Welfare and Pension Plans Disclosure Act. In interpreting this phrase, the Secretary will be guided by the experience of the Department ;n administering the latter statute. 5.28 Unfunoed Plans. (al The costs to a contractor or subcontractor Which may be reasonably anticipateo ;n prov;ding benefits of the types descr;bed in the act pursuant to an enforceable COlllDl;tlllent to carry out. a financially respons;b.le pl~n or progralll are cons;dered fr,nge benefits with;n the 1ncann1ng of the act' (see 1(a)(2)(B) of the act). The legislative hhtory suggesu that these provisions were ;ntenoed to perllit the cons;oerat;on of fringe benefits lIeeting, allong others, these reQu;relllents and which are prov;oed fro~ the general assets of a contractor or subcontractor. (Report of the House COllm;ttee on Eoucation ana Labor, H. Rep. No. 308, 88th Cong., 1st Sess. p. 4). (b) No type of fr;nge benefit is eligib~e for consioerat;on as a so-calleo unfunoeo plan unless: (ll It could be reasonably anticipateo to provioe benefits describeo ;n the act; (2) legally enforced; (3) It is clrrie~ out under I financially responsible plln or progrl.; Ind . - It represents I cOlllli tllent thlt can be (4) The plan or prosr.. providing the benefi'tS has been cOII.uni cited in wri ting to the laborers ana mechln;cs affected. (See S. Rep. No. .63, p. 6.) (c) It is in thil IIlnner thlt the ICt provides for the cons;oeration of unfunded plans or prosralls in finding pre- vliling wages and in ascertlining cOllpliance with the act. At the Sllle t;lIe, however, there is protection against the use of this provision IS a lIeans of noiOing the act's reQuirelllen'tS. The words -relsonably anticipated- are intended to reQuire.thlt any unfunded plan or prograll be able to withstlnd a test which · can perhlps be best described IS one of actulrial soundness. Moreover. as in the case of other fringe benefits paYlble under the act, an unfunoeo plln or prosrlll IIUSt be -bonl fide- and not a lIere sillulation or shl. for avoiding'collpliance with the ICt. (See S Rep. No. .63, p. 6.) The legislative history suggests thlt in order to ;nsureagainst the possibility that these provisions lIight be used to avoid cOllplilnce with the act, the committee contemplates that the Secreta~y of Labor in carrying out his responsibi.lities under Reorganization Phn No. 14 of 1950, may oirect a contractor or subcontractor to set aside in an account assets which, under sound actuarial phinciples, w;1l be sufficient to meet the future Obligation under the plan. The preservation of this account for ~he purpose intendeo would, of course, also be essential. (S. Rep. No. 963, p. 6.) This is implementeo by the contractual provisions reQu;reo by 5.5(a)(1)(iv). 5.29 Specif;c Fringe Benefits. (a) The act lists all types of fr;nge benefits which the Congress consioereo to. be common ;n t~e construction industry as a whole. These lnc~uoe the followlng: medica' or hospi tal care. pens ions on retl rement or oea th. compensat; on for ;njur;es or ;llness result;ng from occupational activity, or ; nsurance to prov; oe any of the foregoi ng. unemployment benefits. l;fe ;nsurance. ~isab;lity and sickness ;nsur~nce. or acc;oent ;nsurance, Vlcatlon ana hoHoay pay. oefraYllent of costs of apprent;cesh;P or other s;lInar programs, or other bona f;de fr;nge benef;ts. but only where the contractor or subcontractor is not reQuireo by other Feoeral. State. or local law to prov;oe any of such benef;ts. (b) The Legislathe history indicate. that it WIS not the i ntj!nt of the Congress to ;IIPOse spec;1i c stanoaros relat;~g to adll;nistration of fringe benefits. It was assumeo that e majority of fringe benefits arrangements of this nature will be those which are aoministered in accoroance wlth reQuirements of section 30Z(c)(5) of the National Labor Relat;ons Act, IS allenoed (5. Rep. No. '63. p. 5.)., . (c) . The term - other bona fi de fri nge benefi ts - is the so-ca"eo -open end- provision. This was incluoed so that new fringe benefits may be recognized by the Secretary as they become preva;ling. It was pointed out that a particular fr;nge benefit neeo not be recognized beyond a particular area ;n oroer for the Secretary to find that it is preva;ling in that area (5. Rep. 110. 963. p. ". (d) The legislative reports indicate that. to hsure against considering and giving credit to any and a" fringe benefits. some of which might be illusory or not · genu;ne. the Qualification was included that such fringe benefits must be -bona fide- (H. Rep. No. 30S. p. .; S. Rep. 110. 963. p. ,). No d;1fi cul ty il anti ci pateo in deterllhi ng whether a parti cular fringe benefit is-bona fide- in tile ord i nary clSe where the benefi ts are those cOllmon in the construction ;noustry and which are establ1shea unoer a usual fund. plan. or prograll. This would be typically the clSe of thoSe fringe benefiU listed in paragraph (a) of this section which are funded under a trust or insurance program. Contract- ors may talr.e credit for contributions made unCler such conventional plans without reQuesting the approval of the Secretary of ~abor under 5.5(a)(1)(iv). (e) Where the plan is not of the conventional type described in the preceding paragraph, it will be necessary for the Secretary to examine the flcts and circumstances to oetermine whether they are "bani fioe" in accordance with reQuirements of the act. This is particularly true with respect to unfundeo plans. Contractors or subcontractors seeking credit unoer ~he act,fo~ casts incurred for such plans must reQuest spec;flc perlllsslon frail the Secretary under 5.5(1)(1)(h). (f) The ICt excludes fr;nge benefits which a contrlctor or subcontractor ;s obligated to provide unoer other Federll, State, or local law. No cred;t lIay be ~aken unoer the act for the plyments lIade far SUCh benefits. For example, plyment for workmen' s compenuti on ; nsurance under ei ther a cOllpulsory or elective State statute are not considered paYllents for fringe benefits under. the Act. WhiJe eaCh situltion IIUst be separately considered on its own lIerits, plyments IIlde for trlvel, subs;stence or to industry promotion funds Ire not norllllly paYllents for fringe benefits under the Act. The ollission in the Act of any expresi reference to these plyments, which Ire COllllon in the construction industry, suggests thlt these plYllents shoulo not norllally be regardeo as bonl fide fringe benefits under the Act. S.3D Types of Wage Deterllination. (l' When fri nge benefi ts are pre VI i 11 ng for various classes of laborers and lIechanics in the area of proposed construction, SUCh benefits Are includable in any Davis-Iacon wage deterllination. Illustrations. contained in paragraph (cl of t,hh section, oellonstrate so.e of the different types of wlge deterllinat;ons whiCh .ay be .ade in SUCh cases. (bl' Wlge deterllhations of the Secretary of Labor under the act do not include fringe benefits for various classes of laborers and lIechanics whenever SUCh benefits do not prevlil in the Irea of proposed construction. When. this occurs.. the wlge deterllhation will contain only the, basic hourly rates of PlY, thlt 11 only tile cash wlges which are prevliling for the war;ous classes of laborers and lIechanics. An illustration of this situation is contained in paragraph (cl of th;S section. . '" . = - ... c C - '" :I -' -' - I I I I I I '" I I I I I I . C I I I 1 I I ... I I 1 I I I :: I I I I I I ... I I I I I I = I I I I , I I I I I I I I I 1 , I I '&.:Ie , I I I I , I I I lit I .-c I , , , = , w::C I I , I . I . "'ell I I I I = , &.w= , , I I .. , &.\oJ_ I I I I , '" c::. I I I I I ... , I , I I . , I I I I ... :Ie ~ c '" = = &. . N - = . . '" - = ... ... - - c a- \oJ w c . ~ - w . - w - . ell = lit = . '" - - N - . . . . C = = a- - .. '" . W &. "W I I I I =- I I ...C I lit lit = lit , -,a- I - - - - I C-' , . . . . I W.., I = I =:K I - I I , , I \oJ~'" lit = = lit III --'.., N 0 .. . .. ",C_ . . . . . . C:lC ... .. ... .. .. .OC - = . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . '" . . . '" . .., . . . . '" '" . lit . C . C '" . II: - W C lit W '" \oJ lit ao: -' II: ... . - II: - \oJ .... . ... II: ... 0 II: ... ... - . :K 0 &. . .., :Ie . . . - ... :I 0 C C C -' -' . . -' .., &. ... &. - - .. - III I: 0 - - .. I: - Ii ~ .. - .. '" ~ .. - ~ :a c: - . .. 0 - - .. .. . .. .. ~ - I: - ... - - .. .. III III .. .. ..- I: . ... -- 01: 1:0 1111: -0 - -- .... ... ..- 0111 -~ - 111- -- ~ -.. 0 . "'- .. ..III 0- I: .. ..- ,Q .. '" .. - ~ :I III 0111 ..:- ... - ..- -- - :a 5.31 Meeting wage Determination Obligations. (al A contractor or subcontractor performing work subject to I Davis-Bacon wage determination may discharge his minimum wlge obligltions for the payment of botn straight time wages ana fringe benefits bY paying in cash, mlking payments or incurring costs for "bonl fide" fringe benefits of the types listed in the applicable wage determinltion or otherwise found prevailing by the Secretary of ~abor, or by a combination thereof. (bl A contractor or sUbcontractor may o;scharge his obligations for the payment of the basic hO~rlY r~tes and the fringe benefits where botll, are contl1ned 1n a. wage de-terminltion applicable to h15 laborers or lIechlnics 1n the following ways: (ll By paying not less than the basic 1I0ur 1 y rite to tne laborers or mecllani cs Ind by lIak ing tile contri but ions for tile fri nge benefi ts in the wage deterlli i11- tions. as specified tllerein. For eUllple. in the illustr.&tion contained in plragrlph (c) of 5.30, the obligltions for .PI;nters" will be lIet by the plyment of I strl;ght time hourly rate of not less tllln $3.90 Ind by contributing not less thin It tile rite of 15 cents an hour for health and welflre benefits. 10 cents In hour for pens;ons. ana 20 cents In hour for vacations; or (2) By ply;ng not less thin the blsic 1I0urly rate to the llborers or lIechlnics and by IIlking contri- butions for 'bona f;de" fringe benefits in a totll Imount not less thin the totll of the fringe benefits reQuireo by the wlge determination. For example. the obligltions for .painters"in tile illustration in plragraph (c) of 5.30 wi" be lIet by the payment of a straight time hourly rate of not less than $3.90 and by contri buti ons of not leu than I totl 1 of CS cents an hour for "bona fide" fringe benefits: or (3) Iy ,Iyinl in clsh directly to llborers or lIeclllnics for the bls;C 1I0urly rite Ind by mlking an Idoitional casll plyment in lieu of tile reQuireo benefits. For example. where an employer does not .Ike ply.ents or incur costs for fringe benefits. he would lleet his Obligations for .Plinters" in the illustrltion in pari graph (c) of 5.30. by Plyin9 directly to tile plinters a straight t;lIe 1I0urly rite ot not leu thin ..35 ($3,90 basic hourly'rate plus CS cents for fringe benef;ts): or . (4) As S'tlted in paragraph (a) of ~his sec~ion, ~he con~rac~or or subcon~rac~or may discharge his minimum wage obliga~ions for ~he paymen~ of s~raigh~ ~ime wages and fringe benefi~s by a combina~ion of ~he me~hods illus~ra~ed in subparagraphS (1) ~hru (3) of ~his paragraph. Thus. for e~ample, his obligations for "painters' may be met by an hourly rate, partly in cash and partly in payments or costs for fringe benefits which total not less thin S4.35 (S3.90 basic hourly rate plus 45 cents for fringe benefits). The payments in SUCh case may be S4.10 in cash and 25 cents in payments or costs in fringe benfits. Or, they may be S3.75 in cash and 60 cents in payments or costs for fringe benefits. (30 F.R. 13136, Oct.15, 1965) 5.32 Overtime Payments. (a) The act ucludes alllounts paid by a contractor or subcon~ractor for fringe benefits in the cOllputation of overtime under the Fair ~abor Standards Act, the Contract Work 1I0urs and Safety Standards Act. ana the Wal sh-llea 1 ey Publi c Contracts Act whenever the overtille provisions of any of these statutes apply concurrently with tile Davis-Bacon Act or its related prevailing wage statutes. It;S clelr froll tile legisll~ive history that ;n no event can tile regular or basic rite upon whicll premillum pay for overtime is cllculateO under the Iforementioned Federal statutes be leu tllln tile Imount determined by the Secretary of ~Ibor IS the blsic Ilourly rate (i.e. cuh rate under section ltb)(l) of tile Davis-Bacon Act. (See S. Rep. No. 963. p. 7.) Contributions by ellployees Ire not eluded froll tile r~gular or blsic rate upon wllicll overtime is cOllputed under these statutes. tllat is. In employee'S regullr or basit straigllt-time rate is computed on lI;s earnings before any deductions are maoe for tile employee'S contributions to fri nge benefi ts. Tile contractor's contri buti ons or costs for fringe benefits may be eKcluded in computing sucll rate so long IS the eKclusions do not reduce tile regular .or blsic rate below the blsic Ilourly rate contained in tile wage determinltion. (b) Tile legislative report notes tllat tile plluing .contributions irre.ocably made by a contractor Dr subcontractor to a trustee Dr to a tllird person pursuant to a fund, plan. Dr program. was aoded to tile bill in Committee. Tllis language in essence conforms to tile overtime prov;sions of section 7(d)(4) of tile Fair labor StandardS Act. as amenCl~. The intent of tile cOllllittee was to prevent any avoiOlnce of · overtime reQuirellents unoer eKisting law. (See H. Rep. MD. 308. p. 5.) (c)(l) The act permits a contractor or subcontractor to pay I Clsh eQuivalent of Iny fringe be~fits found prevailing by the Secretlry of Labor. Such I ClSh eQuivalent O/ould also be elcludlble in computing the regullr or blsic rate under the Federll over~ime llO/s mentioned in paragrlph (a). For example, ~he W construction contrac:tor pays his laborers or meChanics S3.50 in CUh under I wlge determinltion of the Secretary of Llbor which reQuires I buic hourly rite of S3 and I fringe benefit contribution of SO cents. The contrlctor PIYs the 50 cents in CISh becluse he mlde no plyments Ind incurred no costs for fr;nge benefits. Overtime compensltion in this clse O/ould be computed on I regulir or ,buiC rite of S3.00 In hour. However, in some clses I Quest10n of flct mlY be presented in ascertaining whether o~ no~ I cash pa~ment maoe,to la~orers or mechanics is actually 1n ~1eu of a fr1nge benef1t or 1S simply part of their straigllt t1me cash wage. In the litter situl- ti on, the CUh payment is not exc 1 udab 1 e in computing overtime compensltion. Consider ~lle examples set forth in subparagraphs (2) and (3) of this paragraph. (2) lhe X construction contractor has for some tille been plying S3.25 an hour to a mechanic as his basi~ cash wlge plus 50 cents In hour as a contribution to a w.lfare and pension Rlln. lhe Secretary of Labo~ determines that a basic llourly rite of 13 In llour and a fringe benefit contribution of SO cents Ire prevlilin9. lhe basic hourly rate or regular rate for overtime purposes would be S3.25. the rate actually paid as a basic cash wage for the employee of X. rather. than the 13 rite determined as prevail;ng by the Secretlry of Labor, (3) Unoer the same preva 11 i ng wage determi nati on. d; scussed 1 n subparagraph 2 of thi s plragraph. the Y construct;on contractor who hiS been plying S3 an hour as his basic cash wage on which he has been computing overtime compensa t1 on reduces the cash wage to - SZ. 75 an hCl'Ur .but computes his costs of benefits under section l(b)(Z)(B) as 51 In hOUr.. In this example the regular or basic hourly rate would continue to be 53 an hour. (See S. Rep. Mo. 963, p. 7.) . APPENDIX A STATUTES RELATED TO THE DAVIS-BACON ACT REQUIRING PAYMENT OF WAGES AT RATES PREDE- TERMINED BY THE SECRETARY OF LABOR 1. The DlYi s-Bacon Act (secs. 1-7, 46 Stat. 1494, as Imended: Pub. L. 74-403. 40 U.S.C. 2761-2761-7). 2. - National Housing Act (sec. 212 added to c. 847, 48 Stat. 1246. bY sec. 14. 53 Stat. 807; 12 U.S.C. I715c and repeatedly amended). 3. Housing Act of 1950 (college ~ousing) (amended by Housing Act of 1959 to add labor provisions. 73 Stat. 681: 12 U.S.C. 1749a(f)). 4. Housing Act of 1959 (sec 401(f) of tile Housing Act of 1950 as -amended by Pub. L. 86-372, 73 Stat. 681.; 12 U.S.C. 1701Q(c)(3)). . 5. Commercial Fis~eries Researcll ana Development Act of 1964 (sec. 7, 7B Stat. 199: 16 U.S.C. 779c(b)). 6. Library Serv;ces and Construct;on Act (sec. 7(a). 78 Stat. 13: 20 U.S.C. 355c(a)(4). as amended). - 7. Nationll . Tecllnical InstituU for the Duf Act (sec. 5(b)(5), 79 Stlt. 126; 20 U.S.C. 6B4(b)(S)). 8. Nationll Foundation on the Arts and HUllanities Act of 1965 (sec. 5(ld. 79 Stat. 846 as allended; 20 U.S.C. 954(j)). 9. Elellentary and Secondary Education Act of 1965 as amended by Elementary and Secondary ana otller Education Amend- ments of 1969 (sec. 423 as added by Pub. L. 91-230. title IV, sec. 401(a)(10). 84 Stat. 169. and renullbered sec. 433. by Pub. L. 92-318; title III. sec. 301(aH1). 86 Stat. 326; 20 U.S.C. 1232 (b) ) . Under the allendllent coverage 1 s extendeO to a" progralls adllinistered by tile COllllissioner of Educat;on. 10. The Federal-Aid Highway Act of 1956 (sec.108(Dl. 70 Stat. 378, recodified at 72 Stat. 895; 23 U.S.t. 113(a). as amended). see part;cu1&rly the allenollents in the Feoeral-Aid Highway Act of 1968 (Pub. L. 90-495. 62 Stat. 815). . 11. Indian Se1f-Oe~erm;ITI~ion and Educa~;on Assistance Ac~ (sec. 7, SS S~a~. ZZ05; Z5 U.S.C. 450e). 12. Indian lIultll Care Improvement Act (sec:. 303(b), 90 Stat. 1407; 25 U.S.C. 1633(b)). 13. Rellabi1iu~ion Ac:t of 1973 (sec:. 306 (bl (5) 87 Stat. 384, 29 U.S.C. 776(bl(SII. 14. Comprehensive Employmen~ and Training Ac:t of 1973 (set. 606, 87 SU~. 8S0, renumbered sec:. 706 by 88 Stat. 1845; 29U.S.t. 986; also sec:. 604, 88 Stat. 1846; 29 U.S.C. 964(b)(3)). 15 State and L.ocal Fiscal Assistance Ac:t of 1972 (sec. 123(i)(6), 86 Sta~. 933; 31 U.S.C. 1246(a)(6)). 16. Federal Water Pollution control Act (sec. 513 of sec. 2. 86 Stat. S94; 33 U.S.t. 1372). 17. yuerans Nursing HOlle tare Act of 1964 (78 Stat. 502. as allended; 38 U.S.C. 5035(a)(8)). 18. postal Reorganization Act (sec. 410(b)(4)(C)) ; 84 Stat. 726 as allended; 39 U.S.C. ~10(b)(4)(C)). 19. National Visitors Center Fac;lities Act of 1968 Isec. 110. 32 Stat. 45; 40 U.S.C. 808). 20. Appalachian Regional Developllent Act of 1965 (sec. 402. 79 Stat. 21; 40 U.S.C. App. 402). 21. Health Services Research. Health Statistics. and Med;cal Libraries Act of 1974 (sec. 107. see sec. 308Ih)12) tllereof. BB Stat. 370. IS a.ended by 90 Stat. 378; 42 U.S.C. 242111 h )( 2 ) ) . .' 22. Hospital Survey and Construction Act. IS I..ended by the Hospital and Medical Facilities A.endllents of 1964 Isec. 605Ia)(S). 78 Stat 4S3; 42 U.S.C. 291e(a)(S)). 23. Health Professions Education Assistance Act (sec. 303(b). '0 Stat. 22S4; 42 U.S.C. 2'3a(g)(1)(C); also sec. 308a. '0 Stat. 22S6. 42 U.S.C. 2'3a(c)(7)). 24. Nurse Training Act of 1964 (sec. ,41(a)(1)(C). 8' Stat. 364; 42 U.S.C. 2'6a(b)(S)). . 25. Heart Desease. Cancer. and Stroke Allendllents of 1965 (sec.. '04. IS added by sec. Z. 7t Stat. 928; 42 U.S.C. 299d(b)(4)). 26. Safe Orinking WaUl' Ac.t (sec. 2(a), see sec. 14S0e thereof, 88 Stat. 1691; 42 U.S.C. 300j-9(e)). 27. .National Health Planning an~ Resources Act (sec. 4, see sec. 1604(b)(1)(HI, 88 Stat. 2261, 42 U.S.C. 3000-3(b)(1)(H!). 28. U.S. Hzousincg Ac1t4307f)1937. as amended and recodi- fied (88 Stat. 667; 4 U.S.. J. 29. Demonstration Cities Dneloplllent Act of 1966 (sees. 110, 311, 1259, 1270, 1277, 1284; 42 U.S.C. 3310: U.S.C. 1437j). 30. Slull Clearance Progrlll; Housing Act of 1949 (sec. 109, 63 Stlt. 419. IS Illended; 42 U.S.C. 1459). Ind Metropolitan 503, 1003, 80 Stat. 12 U.S.C. 1715c: 42 31. Frill HOUS; ng: Hous; ng Act of 1964 (ldOS sec. 516(f) to Hous;ng Act of 1949 by sec. 503, 78. Stat. 797; 42 U.S.C. 1486(fll. 32. HOus;ng Act of 1961 (sec. 707. adoeO by sec. 907, 79 Stlt. 496, as alllended; 42 U.S.C. 1500c-3). 33. Defense Hous;ng ana COllllllunity Facilities and Services Act of 1951 (sec. 310. 65 Stlt. 307; 42 U.S.C. 1592i). 34., Spec;.l Healtll Revenue Sllaring Act of 1975 (sec. 303, 'see sec. 222(1)(5) tllereof. U Stlt. 324; 42 U.S.C. 2689j(al (5) I. 35. Economic Opportunity Act of 1'64 (sec. 607. 78 Stlt. 532; 42 U,S.C. 2947). 36. Heldstart. Economic Opportunity. and Comllunity i'artnerslli p Act of 1974 (sec. 11. see sec. 811 thereof, 8B Stat. 2327; 42 U.S.C. 2912a). 37. Housing and Urban Development Act of 1'65 (sec. 707. 71 Stat. 412 as amended; 42 U.S.C. 3107). 38. Older Americans Act of 1165 (sec. 502. Pub. L. 89-73. as .mendeo by sec. 501. Pub. L. '3-29; 87 Stat. 50; 42 U.S.C. 3041a(a)(4)). 31. Public Worlts and Economic Development Act of 1'05 (sec. 712, 79 Stat. 575 as amended; 42 U.S.C. 3222). . 40. Juvenile DelinQuency Preven~ion Ac~ (sec. 1. 86 Stat. 536; 42 U.S.C. 38841. 41. New Communi~ies Ac~ of 1968 (sec. 410, 82 Stat. 516; 42 U.S.C. 39091. 42. Urban Grow~n and New Communi~y Development Ac~ of 1970 (sec. 727(11. 84 S~at. 1803; 42 U.S.C. 45291. 43. Domes~ic volunteer Service Ac~ of 1973 (sec. 406, 67 Stat. 410; 42 U.S.C. 5046). 44. (secs. 110, 1440(g)). 45. Developmentally D;sableo Assistance and Bill of Righ~s Act (sec. 126(4). 89 S~a~. 488; 42 U.S.C. 6042(4); title 1. sec. 111, 89 S~at. 491; 42 U.S.C. 6D63(b)(19)). 46. Public Works Employment Ac~ of 1976 (sec. 109. 90 S~a~. 1001; 42 U.S.C. 670B, also sec. 208. 90 Stat. 1008. 42 U.S.C. 6728). Housing ana Community Development Act of 1974 8D2(9), 88 S~at. 649. 724; 42 U;S.C. 5310, 47. Energy Conserva ti on ana Producti on Act (sec. 451(h). 90 Stat. 1168. 42 U.S.C. 6881(h))~ 48. Solid Wane Disposal Act (sec. 2. 90 Stat. 2828; 42 U.S.C. 6979). 49. Rail' Passenger Service Ac~ of 1970 (sec. 405d. 84 S~at. 1337. 45 U.S.C. 565(d)). SO. 78 s~n. 307; 1609) . Urban Mass Transpor~a~ion Act of 1964 (sec. 10. renulIllered sec. 13 by 88 S~a~. 715; 49 U.S.C. 51. Highway speed ,round ~rlnspor~ation s~udy (sec. 6(b), 79 S~a~. 893; 49 U.S.t. 1636(b)). 52. Airport Ind Air.l, Developllent Act of 1970 (sec. 22(b). 84 S~lt. 231; 49 U.S.t. 1722(b)). 53. App. 22811). 54. Nltionll tapital Trlnspor~ltion Act of 1965 (sec. 3(11)(4). 79 S~a~. 644; 40 U.S.t. 6.2(b)(4). Federal Chil Defense Ac~ of USO (SO U.S.t. . NOTE - Repealed Dec. 9. 1969 and llbor S~lnoaros incorpora~eo in sec. 1-1431 of the District of tOlullb;1 tode) . 55. Model Secondary School for ~he Deaf Act (sec. 4, 80 Stat. 1027, Pub. L. 89 694, but not ;n ~he un;~ed States Code). 56. Delaware R;ver 8u;n COllpac:t (sec. 15.1. 75 Stat. 714, Pub. L. 87-328) (considereO I statu'te for purposes of the plln but not ;n the united Stites Code). . [rR Doc. 86-7726 Filed 4-8-86; 8:45 ImJ . . . TIT1.E 40 USC SECTIOKS 327 - 330 PUB1.IC 1.AW 87-581 AK ACT To estaDl i sll stancards for hours of work and overtime pay of laborers and mel:na~'l:S .employed on work. done under l:ontral:t for, or witn tne flnanl:l~l a~d of, tne Un~ted Stites, for any territory, or for tne DlStrll:t of Co1UIIllll, and for otner purposes. Be it enal:tea lly the Senate and House of Representatives of tne united States of Alledl:a in Congress usemllled tnat tnis Al:t Ilay be l:ited u the "Work Hours and Safety Al:i of 1962" ana title I Ilay be l:ited u the "Contral:t Work Hours and Safety Standards Act". TITLE I - tOITRAtT VORl HOURS AID SAFETY STAIDARDS ACT SEt. 101- Ileans ttle. Secretary l.aDor. As used tlereh. tile terll .Secretary. of LaDor. United States Department of SEt. 102. (a). lIotw1tllstudhg any other provision of law. the wages of every laborer and mecllan1c ellployeo by any contractor or subcontractor ;n his performanee of work on. any contract ofttle ctlaracter specified in section 103 stlall De computed on tile basis of a standard workoay of e1gtlt hours and a stanaara workwe.k of forty hours. and work in excess of suctl standard WOrkday or workwe.k shall b. perm1tt.d subject to ttle provisions of ttlh section. For each workshe.t in which any such laborer or m.chan1c is so employed. such wages shall include compensation. at a rat. not '.ss than one and on.-half times the basic rat. of pay. for all hours work.d in .xcess of eight hours in any cal.ndar day or in .&c.ss of forty hours in tile workweek. as tile cas. may be. (b) The following provisions shal: be a condition. of ev.ry contract of the cllaract.r spec1f1.d in section 103 and of any obligation of the United States. any territory. or the District of toluab1a in connection therewith: (1) 10 contractor or subcontractor con- tracting for any part of the contract work which .ay require or involve ~he em~loymen~ of laborers or mechanics shall require or perlli~ any laborer or mechanic. in any workweek in which he is employed on such work, ~o work in excess of eight hourS in any such calendar day or in excess of forty hours in such workweek except in accordance wi~h ~he provisions of this Ac~; and (Z) In ~he event of violation of the prOYl Sl ons of paragraph (1), the contractor and any subcontractor responslble ~herefor shall be 1 iable to SuCh affecteO employee for his unpaid wages and Shall, in addition. be liable to the united StateS (or. in the case of work done under contract for the District of Columbia or a ~erritory. to such District or to such territory) for liquidated damages as provi ded there in. SUCh. 1 i QU ~ da ted dama ges sha 11 be computed. wt~n respect to each lnd'Yldua~ .employed ,as a l~borer or mechanic in yiolation of any prOY1S10nS of thlS Act, ln the sum of $10 for each ca 1 endar day on wh i ch such i ndhi dUll was reQui red or permi tud to work in excess of eight hours or in excess of standard worksheet of forty hours wi~hout payment of the overt; me wages reQu; red by thi S Act. The, governmental agency for which the contract work is done or by which financial assistance for the work is proYideo may withhold, or cause to be withheld, subject to the prov;sions of section 104. ' from any moneys payable on account of work performed by a contractor or subcontractor, such sums as may administratively be determined to be liquidated damages as herein provideo. SEC. 103.(a) The prov;s;ons of this Act shall apply. except as otherwise provided. to any contract which may require or i nyO lYe the employment of 1 aborers or mechani cs ullon a publiC work of the United States. of any territory. or of the Di stri ct of Col umbi a. ana to any other contract wh; ch may require or involve the employment of laborers or mechan;cs if such contract is one (1) to which the Unitrcl States or any agency or instrumentality thereof. any terr;tory. or the District of Columbia is a party. or (2) which is made for or on tlehalf of the Untied States. any allency or insturmentality thereof. any territory. or the District of Columbia. or (3) wh;ch ;5 a contract for work finlnced in whole or in part by lOins or lIrants from. or loans insured or guaranteed by. the Un; teCl Stites or any allency or illstrumentali ty thereof under any statute of the United States providing .alle standards for suCh work: Provided. that the provisiolls of section 102. shall not .app1y to work where the asshtance from the UniteO States- or any allency or instrumentality as set forth above is only in that nature of a loan guarantee. or insurance. (KCep.t . as · otherwise expressly prov;oeo. the proviSions of the Act shall apply to all hborers and mechanics. hcluding .atchmen and guards. employed by any contractor or subcontractor in the perforlllance of any part of the worK contelllpl ated by su~h ~ontra~t, and for purposes of this Act. laborers and mechanics sllall include worKlllen performing servi~es in ~onne~tion with credgin9 or rO~K eX~lVation in any river or harbor of the uniteO states or of any territory or of the District of Colulllbia, but sllall not in~lude any employee employed IS a sealllan. (b) Tllis A~t shall not apply to ~ontracts for transportation by land, air, or water, or for ~lle translllission of intelligence, or. for tll.e pur~Il,lSe of supp1as or materials or articles oroinar1ly avallable 1n tile open.marKet. TillS Act shall not apply with respec~ ~o any work reQu1red to be done in accordance with the provlslons of the Walsh-Healey Public Contracts A~t (49 Stat. 2036; 41 U.S.C. 35-45). SEC. 104.(a) Any officer or person designated as inspector of the worK to be performed unoer any contract of the character specified in section 103, or to aid in the enforcelllent or fulfi1llllent thereof sUll, upon observation or i nves ti ga t ion, forthwi th report to the proper offi cer of the united States, of any territory or possession, or of the District of Coluabia. all violations of the provisions of this Act occurri ng in the perforlllance of SUCh work. togetller wi tll the naae of each laborer or lIIechanic who was reQuired or permitted to work in violation of SUCh prov;s;ons and the day or days of such violation. ihe aaount of unpaio wages and liQuidated daaages owing under the prov;sions of this Act shall be ad.inis~ratively determined and the officer or person whose duty it is to approve the payment of moneys by the Uni ted states. the territory. or the District of Columbia in connecti on wi th the perforllance of the contract work shall dirett the allount of sucll liQuidated Uallages to be witlllleld for. the use Ind benefit of tile united States. said territor';. or said District, and shall direct the allount of such unpaid wages to the wi thhel d for tht use and benefi t of tile laborerS and lIIechanics whO were not cOllpensated as reQu;reo under tile provis;ons of tlliS Act. iht COllptroller General of tht United States is hereby authorized and directed to pay oirectly to such laborers and aechanics. froll the suas witllheld on account of underpa)'lIIents of wages. the respective a.ounts adainistra- tively deterllined to be due. if the funos withheld are adeQuate. and. if not. an eQuitable proport;on of sucll allounts. (b) If the accrueO payaents withheld under lIechanics with respect to wllOIl there has been a failure to pa)'. the wages reQuired pursuant to thi sACt. such laborers ana lIechanics shall. ;n the case of a departaent or agenc)' of the Fe~eral Governllent. have the rights of action ana/or of inter- vention aga;nst the contractor and his sureties conferreo by law upon persons furnisning labor or materials, and in sucn proceedings it snall be no defense tnat sucn laborers .and mecnanicS accepted or agreed to accept less tnan tne rec;ulred rate of wages or voluntarily made refunds. (c) Any contractor or subcontractor aggrieved by t~e witnnoldlng of a sum as liQuidat~d damages as provided in tnlS Act snall nave tne rlgnt, wltn,n SUty days tnereafter, to appeal to tne nead.of tne agency of tne United States or of tne territory for wnlcn tne contract work is oone or by which financial ISsist~nce. for tne work. is. provided, or to the Commissioners of tne Dlstrlct of Columbla ln tne case of liQuil1ated damages witnneld for tne. u~e and benefit of Slid Oistrict. Sucn agency neaO or Comm1S~loners, as tn.e .clSe may be sllall nave autnorlty to reVlew tne admlnlStrative deiermination of liQuil1ated damages and to issue a final or~er affirming such determination; or, if it is found tllat the sum determined is incorrect or tllat tile contractor or subcontractor violated tne provisions of tllis Act inadverte.ntly notwi thstandi ng tile exerc i se of due care on his. part Ind till t of hh agents, recommendations may be 1l10e to the SeCretary tllat In IPpropriate adjustment in 1 iqu;dlteO dallages be mloe, or thlt tile contractor or subcontractor be rel;eved of lilbility for. such liquidated damages. The Secretar,y shill review III pertinent facts in the matter Ind Ilay conduct sucll investigltions as Ile deems necesSlry. so as to affirll or reject tile recommendation. The decision of the Secretlry shall be final. In III such ClSes in which I contrlctor or sutlconVlctor mlY be IlIgrieved by I finll. order' for the witllholding of liquidated dlmlges IS hereinbefore provideo. such contrlctor or subcontrlctor illY. within sixty dlYS Ifter sucll finll order. file I Cllill in the Court of Cllills: Provi ded, however. Thlt fi nil orders of the Igency head, :tile COllmissioners of the District of C01Ullbil or the Secretlry.. IS - tile clSe lIay be, shill be conclusive with respect to findings of fact if such findings are supported by substantill evioence. (d) aeorganization "an MUllbereo 14 of 1950 l15 F.R. 3175; 64 Stlt. 1267) shill be applicable with respect to the provisions of this Act. and section 2 of the Act of June 13. 1934. IS allended (48 Stilt. 948. 54 Stat. 1236. 63 Stat. lOB; 40 U.S.C. 276c). shall be applicable with respect to those contractors Ind subcontractors referred to therein who are englged in the performlnce of contracts subject to the provisions of this Act. SEC. 105. The Secretary .ay provide such relsonable limitltions and illY Illke such rules ana regulations Illowing relSonlble varhtions. tolerances. and exellptions to and froll any or all prov;s;ons of this Act IS he illY find necessary ana proper in the public interest to prevent . injustice or unc1ue harc1ship or to avoic1 serious impairment of the conc1uct of Government business. SEC. 106. Any contractor or subcontractor whose c1uty it shall be to employ, c1irect, or control any laborer or meChanic employed in the performance of any work contemplated by any contract to which tllis Act applies, who Shall intentionally violate any provisions of tllis Act. Shall be c1eemed guilty of a misc1emeanor, and for eacll anc1 every suCh offense shall upon conviction, be punished by a fine of not to elceea Sl.000' or by impr\sonment for n~t more ~han s~x months, or by both such fine and 1mpr1sonment, 1n tile 01scretlon of tile court having jurisc1iction tnereof. SEC. 107. (a I It Sill 1 1 be a conc1iti on of eacll contract wllicll is entered into under legislation 1950 (64 Stat. 1267), and is for construction, alteration, and/or repair, including painting and oecorating, that no contractor or subcontractor contracting for any part of the contract work sllall reQuire any laborer or Ilechanic employed in the performance of tile contract to work in surround;ng or under working conc1itions wllicll are unsanitary, haza,rdous, or dangerous to his health or safety, as determlned under constructi on safety anc1 hea 1 th standards promul gated by the Secretary by regulation baseo on proceedings pursuant to section 553 of title 5, United States tooe. prov;oed that such proceedings include a hear;ng of the nature authOrized by said section. In forllulating such standarcls. the Secretary shall consult with the Advisory COllllittee createcl by subsection. (e). (b) The Secretary is authorizecl to Ilake such ;nspections; holo such tlearings. issue suctl oroers, ana make such deci s ions basecl on fi ncli ngs ot. fact.. as ar~ c1eellecl necessary to gain cOllpHance with Uis section ana any health and safety standard prollulgateO by the Secretary uncler subsecti on (a), ancl for such puposes the Secret.ary ana the United StltU district court.i shall hue the aut.hority ancl jurisdiction provideo by sections 4 ancl 5 of the Act of June 30, 1936. (41 U.S.t. 31. 3'). In the event that the Secretary of LaDor deterllines noncollpliance uncler the provisions of t.his section after an opportunity for an aojuoicatory tlearing by the Secretary of any conclition of a contract of a type c1escribecl in clause (1) or (2) of section 103(a) of this Act. the governmental agency for which the contract work is clone shall have the right to cancel the contract., ancl to ent.er into o~er contracts for the cOllpleti on of the contract work, ctlargi ng any . adclitional cost to ttle original contractor. In the event of noncollp 1i ance, as c1eurlli ned by t.tle Secret.ary after an opportunity for an aojudictory tlearing by t.tle Secret.ary, of any condition of a contract of a type described in clause (3) of section 103(a), the governmental agency by which financial guarantee, assi stance. or ; nsurance for the contract worle. is provided shall have the right to withhold any such assistance attribuUble to the performance of the contract. Section 104 of thiS Act shall not apply to the enforcement of tnis section. lc) ihe united States district courts shall have jurislliction for cause shown, in any actions brought by the Secretary, to enforce compliance with the construction sa fety and hea lth s tanda rd promu 19a ted by the Secretary under subsect;on la). (d) 11) I f the Secreury determi nes on the record after an opportunity for an agency hearing that. by repeated willful or grossly negligent violations of this Act, a contractor or subcontractor has demonstrated that the provi- sions of subsections lb) and (c) are not effective to protect the safety and health of his employees, the Secretary Shall make a finding to that effect and Shall. not sooner than thirty days after giving notice of the findings to all interested persons, transmit the name of such contractor or subcontractor to the Comptroller General. (2) The Comptroller General Shall distribute each name so transmitted to h;m to all agencies of the Government. Unless the Secretary otherw;se recommends. no contract subject to this section shall be awarded to such contractor. or subcontractor or to any person ;n which SUCh .contractor or subcontractor has a substantia 1 interest unti 1 three years have elapsed from the date the name ;s transmitted to the Comptroller General. If. before the end of SUCh thrH-year peri od. the Secretary. after affording hterested persons due notice and opportunity for -IIearing. h "Satisfhd thl t I contractor or subcontra.ctor wllose nalle h-e. has transmitted to the responsibility with the reQuirements of this section. he Shall term;nate the application of the preCeeding sentence to SUCh contractor or subcontractor (ana to any person in wh i Ch the contractor or subcontractor has a substanti al interest); and when the comptroller General is informed of the Secretary's action lie sllall inform all agencies of the Government thereof. (3) Any person aggrieved by the Secretary's action under subsections (b) or (d) .ay. w;thin siaty dayS after receiving notice thereof. file with tile appropriate Uniteo States court of appeals a pet;tion for review of SUCh action. A copy of. tile pet;tion shall be . forthwith transm;tted by tile clerk of tile court to tile Secretary,. who sllal 1 tllereupon fi le in tile court tile record upon whicll lie based lIis action. a. provideo in section 2112 of title 28 ,uni ted States Code. ihe findings of fact by the Secretary, if supported by substantial evidence. shall be fi nal. The Court sha 11 have power to male and enter a decree enforcing, modifying. and enforcing as so modified. or setting aside in whole or in part. the order of the Secretary or tne appropri ate Government agency. ihe Judgement of tne court sna 11 be subJect to revi ew by the Supreme Court of the Uni ted States upon certiorari or certification as provided in section 1254 of title 28, United States Code. (e) (1) The Secretary shill establish in the Department of Labor an. Advisory Committee on Construction Safety Ind hellth (here,nafter referred to IS the "Advisory committee") consisting of nine members appointed, wi thout regard to the c i v 11 serv ice laws, by th.e Secretary. The Secretlry shill appoint one such member IS Chl,rman. Three members of the Advisory Committee shill be persons representative of contrlctorS to whom this section Ipplies. three members shill be persons representltive of employees primlrily in the. building trldes Ind cons~ruclio~ industry englged in Clrry,ng .out contrlctS to WhlCh thlS section IPplies. Ind three pUblic representltives who Shill be se'ected on the blsis of their professiona' and technical competence and e~perience in the construction hellth and safety field. . (2) The Advisory Committee Shall advise the Secretary in the formulation of construction safety and health standards and other regulations, InO with respect to policy,matters arising in the administrat;on of this section. The Secretary may appoint such special advisory and technical e~perts or consul tants as mlY be necessary to carry out the functions of the Advisory Committee. (3) Members of the Advisory Committee shill. while serving on the business of the Advisory Committee. be entitled to receive compensation at rates fi~ed by the Secretary. but not e&ceedi ng SlOO per dlY. fncl udi ng traveltime; and while so serving IWIY from their homes or regullr pllces of business. they mlY be Illoweo travel e~penses, including per diem in lieu of subsistence, IS luthorized by sect;on 5703 of title 5 of tbe Un;ted States Cooe for persons in the Government service employed intermittently. (f) The Secretlry sblll provide for the estlblishment and supervision of programs for the eoucation and training of employers and employees in tbe recognition. avoidance. and prevention of unsafe working conditions in employments covered by tbe Act. and to collect such reports and data and to consult with Ind Idv;se employers as to the best means of preventing injuries. . Approved August 13. 1962 Amended August I. 1161 State of California Department of I~ustrial Relations Division of Apprenticeship Staneares EXCERPTS rROM THE CA~IFORNIA ~ABOR CODE RE~ATING TO APPRENTICES ON PUB~IC WORKS Chapter 1 of Division 2 APPRENTIC~S ON PUB~IC WORKS 177 J. J An awardi ng agency whose pub 1 i c works contract fills within the Jurisdiction of Section 1777.5 shill, within 5 dlYs of the IWlrd, send I copy of the IWlro to the Division of Apprenticeship Sundlrds. When specificllly reQuested by I 10cIl joint IPprenticeship committee, the oivision shill notify the 10cIl joint IPprenticeship committee .reglrding 111 such IWlrds IPpliclble to the joint Ipprenticesh;p comm;ttee mlking the reQuest. Within five dlYS of I finding of Iny discreplncy regarding the rltio of Ipprentices to journeymen. pursulnt to the certiti ed fixed number of apprenti ces to journeymen. the aWlrding Igency Shill notify the Div;sion of Apprent;ceship Standards. (Added by Stats. 1978. tho 1249.) 1776. (Il Each contractor Ind subcontrlctor shl" kee an Iccurlte plyro record, s OWln!! t e nlme, I ress. SOC11 securlt number. work CllSSlflcltlon strll ht tll1e Ind overtlme ours worked elc da In wee Ind t e ICtUI iF dlell WI es 11d to elc ourne IIln, a rentlce. .or er or other emp oyee emp Dye y h 111 or her 1 n connect 1 on ., th the PUOllC work. (b) The plyro' , records enllllerl ted under subdivision tll shill be certified and shill be Innlble for inspection It I" reasonlb'e hours It the principl' office of the contrlctor on the following blsis: (1) plyroll record shl'l be furnished to such employee ative on reQuest. A certi fi eo copy of an employee's Illde IVlillble for inspection or or his or her luthorized represent- (2) A certified copy of III payroll recordS enumerateo in suboivision (a) shall be made ava;lable for ;nspection or furnished upon reQuest to a representltive of the body a.arding the contrlct. Tbe Di.ision of Labor Standards . Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (31 A certified copy of ~ll payroll records enumerated in SUbdivision (al shall be made available upon reQuest to the public for inspection or copies thereof made provided, however, that a reQuest by the pUblic shall be lIIade'through either the body awarding the contract, the ~ivision of Apprenticeship Standards, or the Division of ~abor StanaardS Enforcement. ihe pUblic Shall not be given Iccess to SuCh ~ecoras at the principal office of the contractor. (el ~ach contrlctor shall file a certified cOi'Y cf t:'le re:orcs enulIlerated in, SU.bdivision (a) with the enti:y thlt rec~es~ee s~cn records WIthIn 10 days after receipt of a writ~en re~uest. (cl Any copy of records ilia de available for ~~s~~:t~:~ 1S cC;l~es Inc f~rnished upon request ~o the public :r ~':.y ~.ci~: agency ~y troe awarding body, the :livision cf o\",')re::t~cet::ip Sur:ca:"cs or tne :livision of ..abor Star.lIares ~r.iorceQe:'lt snt1; ce ~irleo or o:literated in SUCh a lIlaflne:" as tC ;!'2ver:t c~sclcsllre of In inCividual's naCle, aedress and S:C~i: Slcllr:ty ~Il:~er. 7he na~e ane address cf the contractor aWlr:e: tr.e con::-act or ~erforll;ng the contract Shall not ~e =Ir~ec or oo1iterltec. (I) ihe contractor sl:a11 inform the ~oey Iwarci::g tne contract of the location of the records enu~erltec ..nCot::" SUDCiivision (Ii. in'ciueing the street address. ci:y In: county. Inc shlii. within five working CIYs. provide a r.o)tice of I cnlnge of locltion InC adCress. - (f) I n the event of ncneosp 1 hnce wi th tlH: r~Qui~~ents of tnis section. the contract~r stoall nlve lC 111)'1 In ",nlch to c::=ply subseQuent to recei;!"t c~ written nctice sOlecif)''ing ir: wnat respects SUCh contractor must cOllpi)' wit~ this section. Should noncompliance still be evioent after Sll;:l 10-01)' pericd. the contrlctor Shill. IS I penaity to the stlte or political subdivision on WhOse behalf the contrlct ij lllaCe or IwarceC, forfeit twenty-five dolllrs (S25) for elch calencar CI)', or portion thereof. for each worker, until str;ct cOllpliance ;s effectuated. Upon the reQuest of the Division ;t Apprenticeship Stanclrds or the Division of L.lbor Stan"caret tnf orc~llent. such penll ths Shl" be wi thhe 1 a froll progress payments tnen cue. (g) The body IWlrding the contrlct shill cluse to be in sertec in the contrlct stipulltions to effectuate thiS section. Such stipulations Shl" fh the responsibility for complilnce with tnis sect;on on the pr;lIe contrlctor. , (h) The director shall adopt rules consistent with the California Public Records Act. (Ch. 3.5 (commencing with Sec. 6Z50), or Oiv. 7. Title 1. Gov. C,) and the Information Practices Act of 1977, (Title 1,8 (commencing with Sec. 1796) Pt. 4. Oiv. 3, Civ. C.) governing the release of suCh record~, including the establiShment of reasonable fees to be Charged for reproducing copies of records reQuired by this section. (Added by Stats. 1978, Ch. 1Z49.) 1777.S. employment of lolorlts. Nothing property in th is regi stered chapter sha 11 apprentices prevent the upon pUblic Every such apprenti ce shall be uid the standard lolage aid to a rent1Ces under the re ulatlons of the craft or traoe at lolhlCh he 1S em 0 eo. ana sha be em 0 ed on at the work o the craft or traae to WhICh he IS reglsterea. Onl y apprentices., as d,ef i ned in Secti on ~077, wllo are in training under apprent1cesll1P sundar,ds an,o wrltt~n appren- tice agreements under Cllapter 4 (commenclng wltll Sectlon 3070), Division 3, of the ~abor Code, are eligible to be employed on public workS. The emploYllent ana training of eacll apprentice shall be in accordance witll tile provisions of the IPprenticeship stlndlrds and apprentice agreements unoer wllicll he is trlining. When the contractor to whom the contrlct is Iwarded b the stlte or In 0 1tlca subCl1v1S10n or In subcontractor under h1m. 1n per Orm1ng any 0 the wor unCler the contract or subcontrlct. employS worltllen 1n any IPprent1celble cratt or trlCle. the contrlctor InCl subcontrlctor shill a I to the 01nt a rent1cesn1 comm1ttee I 1l1n1ster1n the I rent1cesn1 standardS 0 the crl t or trlde 1n the Irea 0 the slte 0 tne publ1C work for I cert1f1clte apprOv1ng tne contractnr or subcontrlctor unCler the a rentlcesh1 stanoarels tor tne em 0 Ilent ana trlln1n 0 a rentlces ln the area or lnClustr a ecteCl: provlCleG, 1I0wever, tllat tile approva as estlb lsned by tne Joi nt Ipprent1 cesll1 p co_1 ttu or cOllll1 ttees sllall be subject to the approval of tile Administrator of Apprenticesllip. Tile joint apprenticesllip co_ittee or committees. subsequent to approving tile subject contractor or subcontractor, sllal1 arrange for the elispatCh of apprentices to tile contractor or subcontractor ;n oreler to comply witll tllis section. Tllere sllall be an aff1rmathe duty upon tile joint IPprent;cesllip cOlllli ttee or cOlllli ttees aellli ni stering tile apprent1.ceslli P · stanClarels of tile cra ft or traOe in tile area of tile s1 te of the public work to ensure equal employment and aff;rmative action in apprenticeShiP for women and minorities. contractors or subcontractors shall not be reQuired to submit individual applications for approval to local joint apprentleeshlP committeeS provided they are already covered by the local apprenticeshiP sundardS. The ratio of apprentices to ourne men whO sha 11 be em 10 ed 1 n the craft or trade on the uo 1C worK ma be tne rat10 St1 u ated 1n the a rentleesn1 standardS under .n1cn tne o,nt a rent'Cesn1 comm1ttee oeerates but ,n no :ase sna the ratlO be ess than one apprent1ce or eacn f1ye Journeymen, e~cept as otherW1se proy,ded 1n th'S sect' on. The contractor or subcontractor, if he is Covered by this section, upon tne issuance of the approval certificate, or if he hIS bun prev i ous 1 y approvell in such craft or tralle, Shall emp 1 oy the numller of, apprent i c.es or the ra ~ i 0 of apprentices to Journeymen st,pulatell ,n the apprent,ceship sUnllarlls. upon proper sllowing by the contractor that he emp 1 oys apprenti ces in suCIl craft or tralle in the Stlte on 'all of his contracts on an annual average of not less than one apprentice to eacll five journeymen, the Division of Apprenticesllip Standarlls may grant a certificate e~empting tile contractor from tile 1-1.0-5 ratio as set fortll ;n th;s season, TIlis section shall not a 1 to contrlcts of eneI'll contl'ac:tol'S ,nyo v,n ess tllan 1. '1'1. thousand do Irs 01' WOl'k,n da s 01' to c:ontl'ac:ts 0 s eC1a 1. c:ontl'.c:tol'S not ll,ad,n 01' wor 1. I'OU a enel'a 01' r1me contrac:tor. ,n"o Vln ess thin two tllousand 110 aI's or eweI' tllan t,ve working dayS. "Apprenticeable craft or traoe", as useo ;n this section, Shall mean a craft or trade oeterm;neo as an apprenticeable occupation in accoroance w;th rules and regulations prescribed by the Appenticesh;p Council, The joint apprenticesllip committee shall have tile discretion to grant a certific:ate, wllicll shall be subject to the approval of the Administratol' of Apprenticeship. eltempting a contractor from the 1-1.0-5 ratio set torU in this section wilen it finds tIIat anyone of tile following conditions is met: (a) I n the event unemp 1 Dyment for tile previous three montll period in such area eKceeos an average of 15 percent, or (b) In the event ih. number of apprentices in training in SUCh area eKceeos a ratio of 1-1.0-5. Dr (c) If there is a Showhg that the apprent;ceable craft or trade is replac;ng at least one-th;rtieth of its journeyman annually througb apprenticesh;p train;ng, either ll) on a statewide basis. or (2) on a local bas is . . (d) If assi gnment of an apprenti ,e to any work performed under a puDli' works ,ontra't would ,reate a condition which would jeopardize his life or the life. safety. or property of fellow e,mployees or the puDli, at larg,e or it the specific task to wh,ch the apprent,ce 's to De ass,gned is of suCh a nature that tra,ning cannot De provided Dy a journeyman. When such exemptions are granted to an organization which represents contractors in a specific trade from the l-to-S ratio on a local or statewide basis the member contractors wi 11 not be reQu i red to submi t i ndiY i dua 1 applications for approval to local joint apprenticeship COlllni ttees, proyi ded they are al rUd)' covered b)' the local apprenticeship standards. A contractor to wllom the contract is awarded. or any subcontractor under '"m. wno. ,n erform,n an of the work under the contract. em 0 s ourne lIIen or a rent,ces ,n an a rent,ceaD e cra t or traoe and who 's not contr,but,n to a uno or unOs to aom,n,ster and conduct the a rent,ceslll pro!;ralll ,n any suCh cra t or traOe ,n tile area 0 tile s,te 0 tile puD I' C work. to wh, CII fund or funds otller contractors 1 n tne area of tile s,te of tile publlC work are contrlbutln~, sllall contrloute to tile und or unds ln eaclI cra-t or traoe ln WlllCII ne employS Journeymen or apprentlces on tile publiC work ln the, sallie alllount or upon tile same bas 1$ and 1 n the same lIIanner as tile otller contractors do. but where the trust fund admlnlstrators are unable to accept such funds, contrlctors not S1 nltor to tile trust I reement sllall I a 11ke amount to tile a lorn' a rentl ceslll ounCl. e contrlCtor Dr su contrlctor mlY I t e allount of I1Ich contribl/'tions ;n computing his bid for the contract. llle Division of Labor Stlndlrds Enforce.ent is author;zed to enforce the paYllent of SUCII contributions to the fund or funds as set forth ;n Section 227. The body awarding the contract' shall cause to be inserted in tile contract stipulations to effectuate tllis section. Suct! st. uhtions shall fix the responsibility of compliance witt! tt!is section for all apprenticeable occupations witt! the pri.e contractor. All decisions of the joint apprenticeship cOlllllittee under this section are subject to the provisions of Sect;on 3081 . . (Alllended by Stats, 1976. th. 117..) 1777.6. It shall be unlawful for an employer or a labOr union to "refuse to accept otherwise Qualified employees as registerea apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sn. or age, except IS provi aed in Secti on 3077, of sucn employee. (Amenaea by Stats. 1976. Ch. 1179.) Sec. 1777.7. (a) fails to comply with the contractor shall: (1) Be aenied the right to bia on any public works contract for a period of one yur from the ane the determination of noncompliance is made by the Administrator of Apprenticeship; and In the event a contractor willfully provisions of Section 1777.5, SUCh (2) Forfeit as a civil penalty ;n the sum of fifty dollars (SSO) for uCh calendr day of nonCOllpliance. Notwithstanding the provisions of Section 17%7. upon receipt of such a dtermination the awarding body shall withhold from contract progress payments then oue or to becolle due such SUII. (b) Any such determination shall be ;ssueo after a full investigation. a fair and illpartial hearing, and reasonab 1 e noti ce thereof in actoroance wi th reasonable rules and proced~res prescribed by the California ApprenticeShip Council. lc) Any funds withheld by the ..arding body pursuant to this sect;on shall be oeposited in the General Fund if the awardi ng bOdy is a state enti ty. or in the eQu;~a.l ent fund of an IWlrding body is an entity other than the state. The i nterpretati on and enforcellent of Secti ons 1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California ApprenticeShip touncil. (Allended by Stats. 1978. the 1249.) . EOUAL EMPLOYMENT OPPORTUNITY EXECUTIVE ORDER 11246 AS AMENDED BY EXECUTIVE ORDER 11375 Under and by vir~ue of ~he au~hori~y vested in me as Presiden~ of the United S~a~es. it is ordered as follows: PART I - NONDISCRIMINATION IN GOVERNMENT EMPLOYMENT PART 11 - NONDISCRIMINATION IN EMPLOYMENT CONTRACTORS AND SUBCONTRACTORS BY GOVERNMENT Subpart A - Dut;es of the Secretary of Labor SEC. 201. The Secre~ary of Labor shall be responSible for the administration of paru II and III of this order 'and shall. adopt such rules and regulations and issue such orders as he deems necessary anll appropriate to achi eve the purposes tllereof. Subpart B - Contractors' Agreements SEC. 202. E~cept in contracts e~empted ;n accordance wi th secti on 20_ of this order, a" Government contract; ng agencies sllall i nc 1 ude in every Government contract hereafter entered into the following proviSions: During the performance of this_contract. the contractor agrees as follows: (1) The contractor will not dis- criminate aganst any employee or applicant for emploYllent because of race. col Dr. re li gi on, su. or na t iona 1 ori gi n. The contractor w; 11 take affirmative action to ensure that applicants are employed. ana that employees are treated during .mployment. without regard to their race. color. religion. selL. or national origin. Such action sllall include. but not be limited to 'tile followin): .mployment. upgrad- ing. demotion. or transf.r; recruitllent or recruitment advertising; layoff Dr terllination; . rates of pay Dr other f.orlls .of cOllpensation; and selection for training. including apprenticeShip. The contractor agrees to post in conspicuous places, ..anable to employees and applicants for .mployment. notices to be prov;oeo by the contracting officer sett;ng forth the provisions of this nond;scrill;nat;on clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all Qualified applicants will receive consideration for employment without regard to race. color. religion, se~ or national orisin. (3) The contractor will send to each labor union or representative of worlers with which he has a collective bargaining agreement or other contract or understanding. a noti ce. to be provided by the agency contracting officer, advising the labor union or worlers' representative of the contractor' s commitmentS under section 202 of Executive OrGer NO. 11246 of Septellber 24, 1965, and shall post copies of the notice in conspicuous places aunable to ellployees and appliclnts for ellploYllent. (4) The contrlctor will comply with a'l proy;sionS of Executive Order No. 11246 of September 24. 1965. and of the rules, regu. hti ons, Ind relevant oroers of the Secretlry of L.lbor. (5) The contract w111 furnish 11' inforllltion and reports reQuired by Eucuthe Order. No. 11248 of September 24. 1965. and by the rules. regulltions, ana orders of the Secretary of L.abor, or pursuant thereto. InO will perll;t access to his boolts. records. .and accounts by the contracting- agency and the Secretary of Labor for purposes' of investigation to ascertain cOllpliances with such rules. regulations, and orders. (6) In the event of the contractor's noncollpliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders. this contract may be canceled. terminated. or suspended in whole or in part and the contrlCtOr lilY be declared ineligible. for further Goyernllent contracts in accordance with procedures luthOrhed in Eucuthe Order No. , 11246 of Septellber 24, 1965, and such other slnct;ons mlY be ;mposed and relledi.s involved as p~ovided in Executive Septembe~ 24. 1965. o~ by o~de~ of tne Sec:~eta~y othe~wise p~ovided by law. (7) The c:ont~ac:to~ will include the p~OVl S1 ons of pa~ag~aphs (1) tn~ougn (7) in eve~y subcontract or purchase order unless exempted by rules. regulati ons, o~ o~de~s of the Secretary of Labor issued pursuant to secti on 204 of Executhe Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The c:ontractor wil 1 take sucll acti on with respect to any subcontract or purChase order as the contracting Igency may direct as a muns of enforc;ng sucll provisi,ons including sanctions for noncomplilnce: Prov1ded, 1I0wever, That in the event the contraCtor becomes involved in, or tllreatened with. litig_tion with I subcontractor or venoor IS I result of such direction by the contracting agency. the contrlctor may request the United Stites to enter into such litigltion to protect the . interests of the United States. O~de~ No. 11246 of ~ule. ~egulation. or of Labo~. o~ as SEC. 203. ea) Each contractor huing' I contract containing the provisions prescribed in section 202 Shill file. and Shall cause each of his subcontractors.to file. compliance reports with the contrlcting Igency or the Secretary of Labor IS mlY be d;rected. Compliance reports shall be filed within SUCh times and shill contain such information IS to the practices. policies. programs. and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be if! such form. as tile Secretary of Labor may prescribe. (b) 8i dders or prospective contractors or subcontractors mlY be required to state wllether tlley haye participated ;n any previous contract sub~eCt to the provisions of tllis order. or any preceding similar executive order. and in tllat event to submit. on bellaU of themselves ana tlleir proposed subcontractors. compliance reports prior to or as an initill part of tlleir bid or negotiation.of a contract. e c) Whenever the contractor. or . subcontractor lias a collective bargaining agreement or other contract or understanding with a labor union or an agency referr;ng WOrkers or providing or supervising apprenticesll;p or tra;n;ng for sucll workers. the compliance report shall include sucn information as to sucn labor union's or agency's practices and poliCies affecting compliance as tne Secretary of Labor may prescribe: Provided, Tnat to tne extent sucn information is witnin the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticesnip or training and sucn labor union or agency snall refuse to furnisn sucn information to tne contractor, tne contractor snall so certify to the contracting agency as part of its compliance report and shall set fortn wnat efforts ne nas made to obtain sucn information. (dl Tne con~racting agency or the Secretary of Labor may direct tnat any ~1dder or prospective contractor or subcontractor snall subm1t, as part of his compliance repo~t. a statement in writing, signed by an authorized officer or agent on beha 1.f of any labor, uni on or .a genc.y referri n9 workers or providag or supervisag apprent1cesh1p or other train;ng, with wnicn tne bidOer or prospect~ve contractor deals. with supporting information, to tile effect tllat tile signer's practices and policies do not discriminate on tile grounds of race, color, religion, sex, or national origin, Ind tllat tile signer eitller will affirmatively cooperate. in tile implementation of tile poliCY and provis;ons of tllis oroer or tlllt it consents and Igrees tlllt recruitment, employment, and tile terlls and conditions of employment under tile proposed contract slla 11 be in accordance wi tll tile purposes' and provisions of tile order. In tile event tlllt tile union. or tile agency, shill refuse to execute sucll I. stltellent, tile cOllpliance report sllll1 so certify and set fortll wllat efforts hive been mlde to secure sucll I statellent and sucll aOditionll factual IIlterill as tile contrlcting 13ency or the Secretary of Labor- lilY reQui re. SEe. 20C. Tile Secretary of Labor lilY. wilen lie oeells tllat special circullstlnces in tile nltional interest so reQuire. exempt a contracti ng agenc)' froll tile reQui rellent of i ncluoi ng any or all of tile provisions of section 202 of tllis order in any speci fi c contract. subcontract. or purcllase oroer, Tile Secretary of Labor Ill)'. II)' rule or regulation. also exellPt certa;n classes of contracts. sullcontracts. or purcllase orders: ll) whenever work is to lit or illS lIeen ptrformeo outs ide tile United Stites and nO recruitment of workers witllin tile lillits of the United States is involved; (2) for standard COllmercial supplies or raw lIaterials; (3) involving leu tlllll specH'ied allounts of money or spec;fied numller of workers; or lC) to tile extent tllat they involve subcontracts ,lItlow a specified 'tier. Tile Secretar)' of Labor lIa)' also proviOt. II)' rule. regulation. or order. for the exemption of facilities of a contractor wll;cll are in a" respects separate and oistinct frOll activ;ties of tile contractor related to tht performance of tile contract; Prov;ded.Tlllt sucll III exemption will not interfert with or . impelle the effectuation of the pUl'poses of this ol'oel': Anll proville further, That in the absence of suCh an exemption all facilities shall be coverell by the provisions of this ol'llel'. Subplrt C Powers Ino Duties of the Secretlry of Labor and the Contracting Agencies SEC. 205. tach contracting agency sllall be primarily responsible for obtaining compliance with the rules. regulations, and orders of the Secretary of La~or with respect to contrlcts entered into by such Igency or 1tS contractors. All contrlcting Igencie~ shall. compl~ wit.h the rules of the Secretary of llbor in d1SChlrglng the1r pr1mary responsibility for securi ng COllp 1 i ance wah the prov1s ions of contracts and otherwi se wi th the terms of th is order Ind of the rul es. regulltions, and orllers of the Secretary of Labor issued pursuant to this ol'der. They Ire directed to cooperlte with the Secretary of LaD or and to furnish the Secretlry of LIDoI' SUCh information Ind assistlnce as he mlY reQuire in the per- forllAnce of his functions under this order. They Ire further directed to Ippoint or designlte. froll allong the Igency's personnel. cOllpliance officers. It stlall be tile duty of SUCh officers to seek cOllpliance with the Objectives of tllis order Dy conference, conciliation. lIediltion. or persuas~on. SEC. 2D6. (I) Tile Secretlry of Llbor illY investi gite tile ellploYllent practices of any Governllent Contrlctor or subcontrlctor, or initiate sucll investigation by tile IppropriAte contracting agency. to oeterlline wlletller or not tile contrlcturll provisions specHied in section 202 of this order ~Ive been viollted. Sucll investiglt;on slllll be conducted in Iccordance witll tile procedures established by tile Secretlry of Llbor and tile investigat;ng agency slllll report to tile Secretlry of Labor any action taken or recollllendeo. (b) Tile Secretary of Labor .ay recei ve and investiglte or cause to be investigated co.plaints by ellployees or prospective e.ployees of a Government contractor or suDcontrlctor wllicll allege discrillination contrary to tile contractull provision~ specified in section Z02 of tllis order. If tllis investigltion is concluded for tile Secretary of LIDOI' by I contrlcting Igency. tlllt agency slll11 report to tile Secretlry wlllt action lias been taken or is recollllendeo witll regard to sucll cOllplaints. . SEC. 207. The Secretary of Labor shall use his best efforts, directly and through contracting agencies, other interested Federal, State, and local agencies, contractors. and all other available instrumentalities to cause any labor union engaged in work under Government contracts or. any agency referring workers or provioing or supervising apprenticeship or training for or in tne course of suCh work to cooperate in the implementation of the purposes of this order. The Secretary of Labor shall, .in appropriate cases: n~tify the EQual Opportunity Commission, the Department of ..ustlet, or other appropriate Federll Igencies whenever it hIS r~ISO~ to believe that the practices of any sucn labor organuatlon or agency violate Titles VI or VII. of tne Civil Rights Act of 1964 or other pfovision of Federal llw. SEC. 208. (a) The Secretary of Llbor, or any Igency, officer, or employee in tne executive brlnch of the Government designated by rule, regulation, or order of the Secretary; may hold SUCh hUrings, pUblic or privlte, IS the'SeCretary may deem advislble for compliance, enforcement, or educltional purposes. (b) The Secretary of Labor .ay ho 1 O. or cause to be held. helrings in accordance with subsection (I) of this section prior to imposing. ordering, or recommending tne imposition of penalties and sanctions under this order. No order for debarment of any contractor from further Government contracts under section 209(a) (6) shall be .ade without affording the contractor an opportunity for a hearing. Subpart D - Sa.ctions a.d Penaltjes SEC. 209. (a) In accordance with such rules. regulations, or oroers as the Secretary of Labor ..y issue or adopt. the Secretary or tbe appropriate contract;ng agency .ay: (1) PubliSh. or cause to be pub 1 isbed. tbe na.es of contractors or unions whi cn 1 t bas concluded bave co.pl1ed Dr ha.e failed to co.ply w1tb tbe prOVUlons of tbis order or of tbe rules. regulations. and orders of the Secretary of Labor. (2) Reco..end to tbe Depart.ent 0 f Justice that. in cases in wb1ch tbere is substantfal Dr .aterill violation Dr tile tbreat of substantial Dr .aterial violation of tbe contractual provisions set fortb in section 202 of this order. appropriate .proceed1ngs be brought to enforce tbose provisions. hcluding tbe enjoining. witb1n tbe . limitations of applicallle law, of ol'gani:z:ations, individuals, or groups who prevent directly or indirectly, 01' seek to pl'event directly or indirectly, compliance with the pl'ovisions of this order. (3) Recommend to the EQual Employment Opportunity Commission or the Department of Justice that appropriate proceedings Ile instituted under Title VII of the Civil Rights Act of 1964. . (4) Recommend to the Department of Justice that criminal proceedings be bro~ght for the furniShing of fllse information to any contract1ng agency or to the Secretary of ~abor as the clse may be. (s) Clncel, terminate, suspend, or cause to be cance 11 ea. te!,mi na ted, or suspenoed any contract, or .any portion or port10ns thereof, for failure of the contractor or subcontractor to comply with the nondiscrimination provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approveo by the contract;ng agency. . . (6) Prov;de that any contracting agency shall refrain frOm enter; ng into further contracts, or e~tensions or other modificltions of existing. contrlcts. with any noncomplyi ng contrlctor. until such contrlctor hiS sltisfied the Secretlry of Llbor thlt such contrlctor hiS estlblished Ind will clrry out personnel Ind employment policies in complilnce with the provisions of this order. (b) Under rules and ragulltions prascribed by the Secretlry of Llbor. each cont.rlcti IIg Igellcy shlll- mike relsonlble efforts withill I relsolllble time limitltion to secure complilnce with the con~rlct provisions of this order by methods of conference. conci1iltion. mediltion. Ind persulsioll before proceedings shill be instituted under subsection (I)(Z) of this sect;on, or before a contract shill be cancelled or terminated in whole or part unCleI' subsection (lltS) of this sectioll for flilure of I contractor or subcontractor to comply with the cOlltrlct provisions of thil order. SEC. 210. Any contrlcting Igency taking any Iction authorized by this subplrt. whether on its own mOtiOll, or IS d i rec ted by the Secretlry of Llbor, or unoer the rul es Ino regulltions of the Secretlry. shill promptly 1I0tify the Secretlry of such Iction, Whenever tile Secretary of Labor IIlkes I determinltion under tllis section. lie Ihlll promptly notify tile approprilte contracting agency of the actioll recomllenoed. Tile Igency Ihall tlke such action ana slllll . report tile results tllereof to tile Secretary of Labor witllin sucll time as the Secretary shall specify. SEC. 211. If the Secretary shall so direct. contract- ing agencies sllall'not enter into contracts witll any bidder or prospective contractor unless tile bidder or prospective convactor has satisfactorily complied with the provisions of this order or submits a program for compliance acceptable to the Secretary of Lallor or, if the Secreury so authori zes, to the contracting agency. SEC. 212. Whenever a contracting agency cancels or terminates a contract, or whenever a contractor has been debarreo from further Gove~nment ,contracts, under section 20g(a)(6) because of non~ompl'~nce w,th the contract provisions with regard to nondiscr,m,nat,on, the Secreury of La~or, or tile contracting agency 1nvolved, shall promptly not,fy the Comptro 11er General of the Un i ted Su tes. Any such debarment lIay be resc i nded by the Secreury of Labor or by the contracting agency which imposed the sanction. Subpart E - Certificates of Mer;t SEC. 213. The Secretary of Labor may prov;de for issuance of a U.S. Government certif;cate of merit to employers or labor uni OtIS, or other agenci es whi Ch are or ma'y hereafter Ile engaged in work under Government contracts. if the Secretary is satisfied that the personnel and employment practices of the employer. or that the personnel. training, apprenticeship. memberShip. grievance and representation. upgrao;ng. and other practices and polichs of the labor union 'or other agency conform to the purposes and provisions of this oroer. SEC. 214. Any certificate of merit lIay at any tille "be suspended or revoked by the Secreury of Labor if the tlolder thereof. ;n the judgement of the Secretary, has fail ed to comply with the provis;ons of this order. SEC. 215. The Secretary of Labor aay provide for the exemption of any employer, labor union. or other agency froa any reporting reQu;reaents imposed under or pursuant to this order ;1 SUCh employer. labor union. or other agency has been awarded a certificate of merit whiCh has not been suspended or revoked. . PART III NONDISCRIMINATION PROVISIONS IN FEDERALLY ASSISTED CONSTRUCTION CONTRACTS SEC. 301. t:acn uecutive department and agency wnicn administers a program involving Federal financial assistance snall reQuire as a condition for tne approval of any grant. contract, loan, insurance. or guarantee tnereunder, wni cn may involve a ~onstruction contract, that the appli~ant for Federal assistan~e undertake and agree to in~orporate, or ~ause to be incorporated, into all construction contracts paid for in whole or in part with funds oDta,ned from the Federal Government or Dorrowed on the creC:it of the F~deral Government pursuant to su~h grant, contract, loan, ,nsurance, or ,guarantee, or undertaken pursuant to any Federal program ,nvolving su~h grant ~ontract, loan, insuran~e. or guarantee, the provisions pres~;ibed for Government ~ontra~ts by se~tion ZDZ of this order or su~h modifi~ation thereof, preserving in substan~e the ~ontra~tor's oDligations thereunder, as lIay be approved by the Se~retary of Labor, together with su~h additional prov;sions as the Se~retary deems appropri ate to estab li sll ana prote~t tile interest of tile Uni ted States in tile enfor~ellent of tllose ob 1 i gati ons. Ea~h su~h app1i cant slla 11 a ho unoerUke ana agree: (llto assist and ~ooperate a~tively witll the aoministeringdepartment or agen~y and the Se~retary of Labor in Obtaining the ~ompli&n~e of ~ontractors and subcontractors with those ~ontract provisions and witll tile rules. regulations. and relevant orders of tile Secretary; (Z) to obtain and to furni sh to the admi ni steri ng department or agency ana to the Secretary of Labor such information as tlley lIay reQuire for tile supervision of such ~ompliance; (3) to carry out sanctions ano penalties for violation of sucll obligations imposed upon contractors and subco~tractors by tile Secreta~y of Labor or.tlle administering department or agency pursuant to part II. subpart D. of thi s order; Ind (.) to refrain from enter;ng into any contract subject to tllis order. or elttens;on or otller mooification of sucll a contract witll a contractor debarreo from Government contracts under part II. subpart D. of tllis order. SEC. 3DZ. (a) -Construction Contract- IS used ;n tllis order lIelns any contract for ~be cons~ruction. rellabilitation. convers;on. elttens;on. or repair or bulloings. lIigbwlys. or other illprovellents to real property. (bl Tile provisions of part II of tllis oroer sllall apply to sucll construction contracts. and for purposes of · sucll applicat;on, tile admin;stering department or agency sllall be considered tile contracting ~gency referred to tllerein. (c) lbe term -applicant- IS use a ;n tllis order means an applicant for Feoeral ass;stance or. as determined by agency regulation. otller program partic;pant. witll respect to wlloll an application for any grant. contract. lOAn, insurAnce, to tile effecti ve applicant After assistAnce. SEC. 303 (a) Eacll administering department and agency sllall be responsible for obtaining tile compliance of SUCIl applicants witll tlle,r undertakings under tllis order. Eacll aCmi ni steri ng department and agency is directed to Cooperate witll tile Secretary of Labor, and to furnisll tile Secretary sucll ;nformation and assistance as lie may require in tile performance of his funct;ons under tllis order. or gUArantee is not finally Acted upon prior date of tllis part, and it includes sucll an lie becomes a recipient of 5Ucll Federal (b) In tile event an applicant fails and refuses to comply witll Ilis undertakings, tile administering department or agency lIay take any or all of the following actions: (1) cancel, terminate, or suspend in wllole or in part the agreement, contract, or other arrangellent with such applicant witll respect to which the failure and refusal ocurred; (2) refrAin froll extending any furtller aSSistance to 'the appli cant unCer tile program wi th respect to wh; ch the fa 11 ure or refuSl 1 oc:c:urred until Slti sfactory assurance of future cOllpliance has been received froll such applicant; and (3) refer the case to the Department of ~ustice for appropriate legal proceedings. (c) Any action with respect to an applicant pursuant to subs.ection (b) slla" be taken in conforllity with section 602, of .the Civil Rigllts Act of 1964 (and tile regula- ti ons of the adlli ni stering departllent or Igency ;ssued thereunder). to tile extent applicable. In no case slllll Iction be taken with respect to In applicant pursulnt to clause (1) or (2) of subsection (b) wi thout noti ce and opportuni ty for helring before the Idllinistering deplrtllent-or agency. - SEC. 3D4.. Any uecuthe departllent or Igency whi ch imposes. by rule. regulation. or order reQuirellents of nondiscrillinltion ill ellployllent. other tllln requirements imposed pursuant to this order. may delegate to tile Secretary of Labor by Igreellent such respollsibilities with respect to compl;lnce standards. reports. and procedures as woulo tend to bring tile adllinistration of sucll requirements into conforllity with the Idllinistrltion of requirements i.posed under this order: Provided. Thlt actions to effect COllplilnce by rec; phnts of Federal finlllcia 1 assistance wi tll reQui rellents i.posed pursuant to Title VI of tile thil Rigllts Act of 1964 Shill be taUn in conforllity witll tile procedures and lillitl- tions prescribed in section 602 thereof and tile regulations of the adllinistering departllent or agency issued tllereunder. . I~- PART IV - MISCELLANEOUS SEC. 401. The Secretary of Labor lIlay de 1 egate to any officer, or employee in the executive branch of the Government, any function or duty of the Secretary under parts II and III of this order, except authority to promulgate rules and regulations of a general nature. SEC. 402. The Secretary of Labor shall provide aOllinistrative support for tne uecution of the prograll known as the .Plans of Progress.. . SEC. 403. (a) Executive Orders Nos. 10590 (Jln. lB, 1955).10755 (Aug. 5,1957),10925 (Mlr. 6. 1961). 11114 (June 22, 1963), and 11162 (Ju 1 y 28, 1964), are hereby superceded a nd the Pres i dent' s commi uee on EQual Ellpl Dyment Opportuni ty estlb 1 ished by Executive Order No. 10925 is hereby Ibol ished. All records Ind property in the custody of the committee shall be transferred to the Civil Service Commis's;on Ind the Secretlry of Llbor, as Ippropriate. (b) Nothing in this oraer shill be deemed to relieve Iny person of Iny obl;gation assumeo or imposed under or pursulnt to any executive oroer supercedeo by this order. All rules. regulations. orOers. instructions. oesignations. and other directives issued by the Pres;oent's tomllittee on EQual Employment Opportunity and those issued by the heaos of various departments or agencies under or pursuant to any of the executive orders superceded by this order. shall. to the extent that they are not inconsistent with this order. remain in full force ana effect unless and until revolted or supersedeo by appropr;ate authority. References in such oirectives to- provisions of the superseded orders shall be deelled to be references to the cOllparable provisions of this order. SEC. 404. The General Servi ces Admi nistrati on shall appropriate action to revise the standard Government contract forlls u accord with the provisions of this order ana of the rules and regulat;ons of the Secretary of Labor. SEt. 405. This order shall become effective 30 days after the date of this order. . LYNDON 8. ~OHNSON THE WHITE HOUSE September 24. 1965 GENERAL DECISION CA980037 11/27/98 CAJ7 General Decision Number CA980037 Superseded General Decision No. CA970037 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY county(ies) : SAN BERNARDINO BUILDING CONSTRUCTION PROJECTS; DREDGING dredge work); HEAVY CONSTRUCTION PROJECTS drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number o 1 2 3 4 5 6 7 8 PROJECTS (does not include hopper (does not include water well Publication Date 02/13/1998 04/17/1998 07/10/1998 09/25/1998 10/09/1998 10/23/1998 10/30/1998 11/06/1998 11/27/1998 COUNTY (ies) : SAN BERNARDINO ASBE0005B 09/21/1997 Races Fringes INSULATOR/ASBESTOS WORKER Includes che application of all insulacing materials, protective coverings, coacings, and finishings to all cypes of mechanical systems 2B,21 7,53 ---------------------------------------------------------------- ASBE020BB 06/01/1996 Rates Fringes ASBESTOS REMOVAL WORKER/ liAZARDOtrS MATERIAL HANDLER Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not 19.70 4,Bl --------------------------------------------------------------.- BOIL0092F 10/01/199B BOILERMAKER TUBE WELDER Rates 2B.81 30.31 Fringes 9.81 9.Bl ---------------------------------------------------------------- BRCA0004tr 05/01/1997 BRICKLAYER; MARBLE SETTER Rates 23.97 Fringes 5.85 ---------------------------------------------------------------- BRCAOOIBG 08/01/1996 Rates Fringes TILE SETTERS: Laying Tile in u-poxy, furane and any other similar materials All other work 23.63 22 .63 5.58 5.5B ---------------------------------------------------------------- BRCA0018K 06/01/1996 TERRAZZO WORKER TERRAZZO FINISHER Rates 25.97 20.16 Fringes 4.15 4.15 ---------------------------------------------------------------- CARP0002B 07/01/1998 Rates Fringes DIVERS : Diver, wet Diver, stand-by Diver tender 54,76 27.38 26.38 6.28 6.28 6.28 ---------------------------------------------------------------- CARP0003E 07/01/1998 Rates Fringes CARPENTERS & DRYWALL/LATH INSTALLERS: Work on wood frame, tilt up or concrete block construction including but not limited to: shopping centers, stores, office buildings, fast food establishments, also including curb, gutter and sidewalks where the total cost of the project does not exceed seven and one-half million ($7,500,000.00) dollars. DRYWALL/LATH INSTALLER CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer Shingler Roof loader of shingles Saw filer Table power saw operator Pneumatic nailer or power stapler Fence builder Millwright Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger Head rockslinger Rock barge or scow Scaffold builder All other work: DRYWALL/LATH INSTALLER CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer Shingler Roof loader of shingles Saw filer Table power saw operator Pneumatic nailer or power stapler Fence builder Millwright ''''il:e driver; Derrick barge;' Bridge or' dock carpenter; Cable splicer; Heavy framer; Rockslinger Head rocks linger Rock barge or scow Scaffold builder 22.75 6.28 22.75 6.28 22.88 6.28 15.42 6.28 22.83 6.28 22.85 6.28 23.00 6.28 20.30 6.28 23.25 6.28 22.88 22 .98 22.78 17.00 6.28 6.28 6.28 6.28 24.75 6.28 24.75 24.88 17.42 24.83 24.85 25.00 6.28 6.28 6.28 6.28 6.28 6.28 22.30 25.25 _.. 6.28 6.28 -'----.. 24.88 24.98 24.78 19.00 6.28 6.28 6.28 6.28 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre-drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. ---------------------------------------------------------------- CARP0003H 07/01/1998 Rates Fringes MODULAR FURNITURE INSTALLER LOW WALL MODULAR TECHNICIAN FULL WALL TECHNICIAN 12.00 16.72 21.00 4.05 4.05 4.05 ELECOOllC 01/01/1997 Rates Fringes COMMUNICATIONS AND SYSTEMS WORK: Installer Technician 18.03 19.78 3%+3.35 3%+3.35 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sou.~d, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ELEC0477B 06/01/1998 Rates Fringes ELECTRICIANS: Area within 80 road miles from the main post office in San Bernardino: Electrician 24.50 3t + 9.75 Cable splicer; Electrician, welding 25.00 3t + 9.75 Electrician, tunnel work 26.95 3t + 9.75 Remainder of County: Electrician 32.50 3t + 9.75 Cable splicer; Electrician, welding 33.00 3t + 9.75 Electrician, tunnel work 35.75 3t + 9.75 FOOTNOTES: Work in a pressurized tunnel: 1 lb. to 18 lbs.: 6 hrs. work under pressure for a day'S pay plus 10%. 19 lbs. to 26 lbs.: 4 hrs. work under pressure for a day'S pay plus lot. 27 lbs. to 33 lbs.: 3-1/2 hrs. work under pressure for a day's pay plus lOt. 34 lbs. to 38 lbs.: 3 hrs. work under pressure for a day's pay plus lOt. ---------------------------------------------------------------- ELEC1245A 06/01/1998 Rates Fringes LINE CONSTRUCTION (includes outside utility transmission work) : Line worker; Cable splicer Powder worker Ground person Line worker, welding 29.50 28.03 19.18 30.98 4.5%+6.78 4.5%+6.54 4.5%+6.50 4.5%+7.02 -----------------------------------------------------------.---- ELEV0018A 09/15/1998 ELEVATOR MECHANIC Rates 31. 025 Fringes 6.675 FOOTNOTE: Vacation Pay: a, with 5 or more years of service, 6' for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ---------------------------------------------------------------- ENGIOO12C 07/01/1998 Rates Fringes POWER EQUIPMENT OPERATORS: GROUP 1 25.05 10.15 GROUP 2 25.83 10.15 GROUP 3 26.12 10.15 GROUP 4 26.51 10.15 GROUP 5 27.61 10.15 GROUP 6 26.73 10.15 GROUP 7 26.84 10.15 GROUP 8 27.94 10.15 GROUP 9 26.96 10.15 GROUP 10 28.06 10.15 GROUP 11 27.13 10.15 GROUP 12 27.23 10.15 GROUP 13 27.26 10.15 GROUP 14 27.34 10.15 GROUP 15 27.46 10.15 GROUP 16. 27.63 10.15 GROUP 17 27.73 10.15 GROUP 18 27.84 10.15 GROUP 19 27.96 10.15 GROUP 20 28.13 10.15 GROUP 21 28.23 10.15 GROUP 22 28.34 10.15 GROUP 23 28.46 10.15 GROUP 24 28.63 10.15 CRANES, PILEDRIVING .. HOISTING EQUIPMENT: GROUP 1 25.30 10.15 GROUP 2 26.08 10.15 GROUP 3 26.37 10.15 GROUP 4 26.51 10.15 GROUP 5 26.73 10.15 GROUP 6 26.84 10.15 GROUP 7 26.96 10.15 GROUP 8 27.13 10.15 GROUP 9 27.30 10.15 GROUP 10 28.30 10.15 GROUP 11 29.30 10.15 GROUP 12 30.30 10.15 GROUP 13 31.30 10.15 TUNNEL WORK: . GROUP 1 26.58 10.15 GROUP 2 26.87 10.15 GROUP 3 27.01 10.15 GROUP 4 27.23 10.15 GROUP 5 27.34 10.15 GROUP 6 27.46 10.15 GROUP 7 27.76 10.15 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Barge, brake, compressor operator, Ditch Witch, with seat or similar type equipment, elevator operator - inside, engineer oiler, generator operator, generator, pump or compressor plant operator, pump operator, signal, switch GROUP 2: Asphalt-rubber plant operator (nurse tank operator), concrete mixer operator - skip type, conveyor operator, fire person, hydrostatic pump operator, oiler crusher (asphalt or concrete plant), skiploader (wheel type up to 3/4 yd. without attachment), tar pot fire person, temporary heating plant operator, trenching machine oiler GROUP 3: Asphalt-rubber blend operator, equipment greaser (rack), Ford Ferguson (with drag type attachments), helicopter radio (ground), stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fire person, backhoe operator (mini-max or similar type), boring machine operator, box or mixer (asphalt or concrete), chip spreading machine operator, concrete cleaning decontamination machine operator, concrete pump operator (small portable), drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum), equipment greaser (grease truck), guard rail post driver operator, highline cableway signal, hydra-hammer-aero stemper, power concrete curing machine operator, power concrete saw operator, power-driven jumbo form setter operato~, power sweeper operator, roller operator (compacting), screed operator (asphalt or concrete), trenching machine operator (up to 6 ft.) GROUP 5: Equipment greaser (grease truck/multi-shift) GROUP 6: Asphalt plant engineer, batch plant operator, bit sharpener, concrete joint machine operator (canal and similar type), concrete planer operator, deck engine operator, derrick (oilfield type), drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum), drilling machine operator (including water wells incidental to building, heavy or highway construction), hydrographic seeder machine operator (straw, pump or seed), Jackson track maintainer, or similar type, Kalamazoo switch tamper, or similar type, machine tool operator, Maginnis internal full slab vibrator, mechanical berm, curb or gutter (concrete or asphalt), mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar), pavement breaker operator (truck mounted), road oil mixing machine operator, roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck), self- propelled tar pipelining machine operator, skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1- 1/2 yds.), slip form pump operator (power driven hydraulic lifting device for concrete forms), tractor operator - bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types), tugger hoist operator (1 drum), ultra high pressure waterjet cutting tool system operator, vacuum blasting machine operator GROUP 7: Asphalt or concrete spreading operator (tamping or finishing), asphalt paving machine operator (Barber Greene or similar type), asphalt-rubber distribution operator, backhoe operator (up to and including 3/4 yd.), small Ford, Case or similar, cast-in-place pipe laying machine operator, combination mixer and compressor operator (gunite work), compactor operator (self-propelled), concrete mixer operator (paving), crushing plant operator, drill doctor, drilling machine operator, bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum), elevating grader operator, grade checker, gradall operator, grouting machine operator, heavy-duty repair person, heavy equipment robotics operator, Kalamazoo balliste regulator or similar type, Kolman belt loader and similar type, Le Tourneau blob compactor or similar type, loader operator (Athey, Euclid, Sierra and similar types), pneumatic concrete placing machine operator (Hackley- Presswell or similar type), pumpcrete gun operator, rotary drill operator (excluding caisson type), rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck), rubber-tired earth- moving equipment operator (multiple engine up to and including 25 yds. struck), rubber-tired scraper operator (self-loading paddle wheel type - John Deere, 1040 and similar single unit), self- propelled curb and gutter machine operator, skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.), soil remediation plant operator, surface heaters and planer operator, tractor compressor drill combination operator, tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper, scraper and push tractor single engine), tractor operator (boom attachments) , traveling pipe wrapping, cleaning and bending machine operator, trenching machine operator (over 6 ft. depth capacity, manufacturer's rating), ultra high pressure waterjet cutting tool system mechanic GROUP 8: Heavy-duty repair person (multi-shift) GROUP 9: Drilling machine operator, bucket or auger types (Calweld 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum), dual drum mixer, dynamic compactor LDC350 (or similar types), heavy-duty repair-welder combination, monorail locomotive operator (diesel, gas or electric), motor patrol - blade operator (single engine), multiple engine tractor operator (Euclid and similar type - except Quad 9 cat.), rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck), rubber-tired earth-moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), tower crane repair person, tractor loader operator (crawler and wheel type over 6-1/2 yds.l, Woods mixer operator (and similar pugmill equipmentl GROUP 10: Heavy-duty repair-welder combination (multi-shift) GROUP 11: Auto grader operator, automatic slip form operator, drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum), hoe ram or similar with compressor, mass excavator operator, mechanical finishing machine operator, mobile form traveler operator, motor patrol operator (multi-engine), pipe mobile machine operator, rubber-tired earth-moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck), rubber-tired self-loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 12: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 13: Canal liner operator, canal trimmer operator, remote- control earth-moving equipment operator, wheel excavator operator GROUP 14: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck), rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine - up to and including 25 yds. struck) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck), rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, .. Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck), tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 17: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 18: Rotex concrete belt operator (or similar types), rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck), rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 19: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination. excluding compaceion units - single ensine, over 50 yds. struck), rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck), rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck), rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 24: Concrete pump operator - truck mounted, rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING ~~ HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes 10ed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsiteJ GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist operator; Polar gantry crane operator; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton cap~city); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200.tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy-duty repair/welder combination GROUP 7: Tunnel mole boring machine operator ---------------------------------------------------------------- ENGI0012D 08/01/1997 POWER EQUIPMENT OPERATORS: DREDGING: HYDRAULIC SUCTION DREDGES: Lever Person Operator Deckmate; Watch Engineer; Welder Winch (stern winch on dredge) Bargehand; Deckhand; Fire Person-Oiler; Leveehand Dozer CLAMSHELL DREDGES: Lever Person Operator Watch Engineer; Deckmate Barge Mate Bargehand; Deckhand; Fire Person-Oiler Rates Fringes 29.15 9.95 26.07 9.95 25.52 9.95 24.98 9.95 26.18 9.95 29.15 9.95 26.07 9.95 25.59 9.95 24.98 9.95 ---------------------------------------------------------------- IRON0001R 07/01/1998 IRONWORKERS: Fence erector Ornamental, reinforcing and structural FOOTNOTE: Rates Fringes 22.79 13 .17 23.68 13.17 Work at China Lake Naval Test Station, Edwards Air Force Base, Fort Irwin Military Station, Fort Irwin Training Center - Goldstone, 29 Palms - Marine Corps, U.S. Marine Base - Barstow: $3.00 per hour additional. Work at Yermo Marine Corps Logistics Center: $2.00 per hour additional. ---------------------------------------------------------------- LAB00001B 07/01/1998 BRICK TENDER Rates 18.08 Fringes 9.34 ---------------------------------------------------------------- LAB00002H 07/01/1998 LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 TUNNEL LABORERS: Rates Fringes 17.83 18.23 18.43 19.48 19.68 9.39 9.39 9.39 9.39 9.39 ,----- , GROUP 1 GROUP 2 GROUP 3 GROUP 4 20.74 20.86 21.02 21. 30 9.39 9.39 9.39 9.39 GUNITE LABORERS: GROUI? 1 GROUP 2 GROUP 3 20.86 19.91 16.40 11. 02 11. 02 11.02 HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A CONSTRUCTION CONTRACT) : Housemover 15.50 8.38 Yard maintenance person 15.25 8.38 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0' above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLABSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and' railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asbestos abatement; Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Rotc scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipe layer per:orming all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast; welding in connection with laborers' work GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender. cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person ---------------------------------------------------------------- . LAB00783D 09/01/1997 Rates Fringes PLASTERER TENDERS: Fort Irwin, George Air Force Base, Marine Corps Air Station 29 Palms, Marine Corps Logistics Supply Base: Plasterer tender Plaster clean-up laborer Remainder of San Bernardino Plasterer tender Plaster clean-up laborer 23.26 9.80 20.92 9.80 County: 20.26 9.80 17.43 9.80 FOOTNOTE: Machine plaster tender: $1.00 per hour additional. ---------------------------------------------------------------- LAB00882A 01/01/1997 ASBESTOS REMOVAL LABORER Rates 10.37. Fringes 3.51 SCOPE OF WORK: includes site mobilization, initial site clean-up, site preparation, removal of asbestos-containing material and toxic waste (including lead abatement and any other toxic materials), encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste (including lead abatement and any other toxic materials) by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers, and assembly of decontamination stations. ---------------------------------------------------------------- LABOl184A 07/01/1998 Rates Fringes LABORERS - STRIPING: GROUP 1 GROUP 2 18.36 18.76 7.85 7.85 GROUP 3 GROUP 4 20.33 21.33 7.85 7.85 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweepers GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment PAIN0036A 07/01/1998 Rates Fringes PAINTER (includes lead abatement) : Work on service stations and and car washes; Small new commercial work (defined as construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments); Small new industrial work (defined as light metal buildings, small warehouses, small storage facilities and tilt-up buildings); Repaint work (defined as repaint of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities); Tenant improvement work (defined as tenane improvement work not included in conjunction with the construction of the building, and all repainting of tenant improvement projects All other work PAIN0036H 07/01/1997 DRYWALL FINISHERS: Work on wood frame structures All other work PAIN0636B 06/01/1998 GLAZIER 20.15 5.56 23.42 5.56 Rates Fringes 18.00 24.06 3.34 5.52 Rates 25.05 Fringes 7.23 FOOTNOTES: Work in a condor, from the third (3rd) floor and up: $1.25 per hour additional. Work on the~ outside of the building from a swing stage or any suspended contrivance, from the ground up: $1.25 per hour additional. PAIN1247B 10/01/1997 SOFT FLOOR LAYER PLAS0200D 08/06/1997 PLASTERER . PLASOSOOB 07/01/1998 CEMENT MASONS: Work on projects where the total permit value of the general and all subcontracts is $12 million or less: Cement Mason; curb and gutter Machine; Clary and similar type of screed operator (cement only); grinder; Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator Cement mason (magnesite - epoxy) Cement mason, floating and troweling machine operator All other work: Cement mason; curb and gutter Rates 24.10 Fringes 6.07 Rates 24.13 Fringes 4.04 Rates Fringes 18.85 8.43 18.42 8.43 18.55 8.43 machine operator; Clary and similar type of screed operator (cement only); grinding machine (all types); Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex-O-Tex) Cement Mason - floating and troweling machine operator 20.26 11.30 20.38 11.30 20.51 11.30 - FOOTNOTE: Work on a swinging stage, bosun chair, or suspended scaffold, whether swinging or rigid, above or below ground: $0.25 per hour additional. ---------------------------------------------------------------- PLUM0016B 07/01/1996 Rates Fringes PLUMBER; STEAMFITTER: Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo and Twenty-Nine Palms Marine Base George Air Force Base Remainder of County 31.81 30.56 28.31 7.54 7.54 7.54 ---------------------------------------------------------------- PLUM0345A 07/01/1998 LANDSCAPE & IRRIGATION FITTER Rates 23.23 Fringes 6.80 ---------------------------------------------------------------- PLUM0364A 03/09/1998 REFRIGERATION & AIR CONDITIONING Rates 24.98 Fringes 6.34 ---------------------------------------------------------------- ROOF0146A. 09/01/1994 Rates Fringes ROOFERS 18.78 8.25 ---------------------------------------------------------------- SFCA0669I 04/01/1998 Rates Fringes DOES NOT INCLUDE THE NORTHERN PART OF THE CITY OF CHINO; Oa THE CITIES OF MONTCLAIR OR ONTARIO: SPRINKLER FITTER (FIRE) 22.00 6.35 ---------------------------------------------------------------- SFCA0709D 09/01/1998 Rates Fringes THE NORTHERN PART OF THE CITY OF CHINO; AND THE CITIES OF MONTCLAIR AND ONTARIO: SPRINKLER FITTER (FIRE) 28.48 ---------------------------------------------------------------- 9.80 SHEE0102B 09/01/1998 Rates COMMERCIAL SHEET METAL WORKER: Work on all commercial HVAC for creature comfort and computers clean rooms, architectural metals, metal roofing and lagging, over insulation 27.51 SHEE0102C 09/01/1998 Rates INDUSTRIAL SPECIALTIES SHEET METAL WORKER: Work on all air pollution control systems, noise abatement panels, blow pipe, air-veyor systems, dust collecting, baghouses, heating, air conditioning, and ventilating (other than creature comfort) and all other industrial work, including metal insulated ceilings 25.21 F=inges 9.00 Fringes ---------------------------------------------------------------- 12.32 TEAMOOllI 07/01/1998 Rates EDWARDS AFB, tORT IRWIN, GEORGE AFB, MARINE AT NEBO & YERMO, TWENTY-NINE PALMS BASE TRUCK DRIVERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 21.79 21. 94 22.07 22.26 22.20 22.32 22.57 GROUP 8 GROUP 9 GROUP 10 GROUP 11 22.82 23.02 23.32 23.82 REMAINDER OF COUNTY: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 9 GROUP 10 GROUP 11 19.79 19.94 20.07 20.26 20.20 20.32 20.57 20.82 21. 02 21.32 21.82 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver Fringes CORPS LOGISTIC BASE 11.89 11. 89 11.89 11.89 11. 89 11. 89 11. 89 11. 89 1.1..89 11.89 11.89 11.89 11. 89 11.89 11.89 11. 89 11.89 11.89 11. 89 11.89 11. 89 11.89 GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck-mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vahicles - 4 or more axle; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 2S yds. or more water level; Truck repair person; Water pull - single engine; Welder - GROUP 9: Truck repair person/welder; Low bed driver. 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. .._.#.~===#.=.==....=.=.._......=......_.._.._......====.-:===== Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (v)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact. including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. washingeon, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 constitution Avenue. N. W. Washington, D. C. 20210 4:~ All decisions by the Administrative Review Board are final. ~~ OF GENERAL DECISION Local Assistance Procedures Manual PS&E Checklist Inslructions EXHmIT 12-E Atlllchmenl A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS .~ GENERAL.-The work herein proposed will be financed in whole or in pan with Federal funds, and therefore all of the statutes. rules and regulations promulgated by the Federal Gov- ernment and applicable to work financed in whole or in part with Federal funds will apply to such work.. The "Required Contract Provisions, Federal-Aid Construction Conlracts. "Form FHWA 1273. arc included in this Section 14. Whenever in said required contract provisions references arc made to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA." such references shall be construed to mean "Engineer" as dc1ined in Section 1-1.18 oftbe Standard Specifications. PERFORMANCE OF PREVIOUS CO:'>"TRACT.-In ad- dition to the provisions in Section II, "Nondiscrimination," and Section VII. "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE. GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any ponion of the contracl in ex- cess ofSIO.OOO will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above. executed by the proposed subcontractor. NON-COLLUSION PROYISION.-The provisions in this section a:e applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23. United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, finn. association, or corporation has not, either directJy or indirectly, entered into any agreement, panicipated in any collusion. or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non- collusion affidavit statement required by Section 112 as a cenification under penalty of perjury ralher than as a sworn statement as pcnnitted by 28, use. Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING.-Part 23. Tille 49. Code of Federal Regulations applies to this Federol.aid project. Pertinent sections of said Code :tre incorporated in pan or in its entirety within other sections of these speCIal pro\'isions. Schedule B-Information for Determining Joint Venture Eli- sibility (This fonn need not be filled in if all joint venture firms arc minority owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of jo'int venture 4. Identify the firms which comprise the joint venture. (The MBE panner must complete Schedule A.) a. Describe the role of the MBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non-MBE joint venturer: _ 5. Nature of the joint venlure's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage ofMBE ownership? _ 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement., provided by question 6.). ReviMd 3-95 OB~1_95 FR-I Poge 12-63 Februl\')' I. 1998 EXHmrr 12-E Attachment A Latal Assistance Procedures Manual PS&E Checklist Instructions ..._...._...._....._...._................._..........._....._....M....M....._...._...._....._..__... Name afFirm Name afFirm e. Profit and loss sharing. b. Capital contributions. including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sex. and "firm" those individuals (and their titles) who arc responsible for day~to~day mana@cmcnt and policy decision making, including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions. such as: 1. Estimating _ 2. Marketing and sales 3. Hiring and tiring of management persoMcI 4. Purchasing of major items or supplies c. Supervision of field operations Note.-If. after filing this Schedule B and before the completion of the joint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the ~rantee, either directly or through the prime contractor if the Joint venture is a subcontractor. Affidavit "The undersigned swear tbat the foregoing statements arc correct and include all material information Decessarv to identify and explain the terms and operation of our Joint venture and the intended panicipation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current. complete and accurate information regarding actual joint venture work and the payment tberefor and any proPosed changes in any of the joint venture arrangements and to permit the audit and examination of the boo1.:s, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized represent:ltives of the grantee or the Federal funding agenc)'. Any material misrepresentation will be grounds for tenmnating any contract which may be awarded and for initiating action under Federal or State laws eonceming false statements." JleviMd 3-95 08..07-95 FR-l Signature Signature Name Name ........._....M.....M..........._...._...._....._....W....._......................._....w....._.__.. Title Title ...M.................o;i;....-....-....-...........-.....-..........-....o;i;....-.....-...-... Date State of County of On this _ day of appeared (Name) .19 _' before me to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of linn) 10 execute the affidavit and did so as his or her free: act and deed. Notary Public Commission expires [ScalI Date State of County of On this _ day of appeared (Name) . 19 _' before me 10 me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) ___________ to execute tbe affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] Page 12-64 February I, 1998 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment B REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) I. II. III. IV. V. VI. VII. VIII. IX. X. Page General ................................................................................ 3 Nondiscrimination .......................................................... 3 Nonsegregated Facilities ............................................... S Payment of Predetermined Minimum Wage .............. 6 Statements and Payrolls ................................................. 8 Rec:ord of Materials, Supplies, and Labor ................. 9 Subletting or Assigning the Contract ....................... 9 Safety: Accidenl Prevention ........................................ 10 False Statements Concerning Highway Project....... 10 Implementation ofCleln Air Act and Federal Water Pollution Control ACl.................................................... 10 Certification Regarding Debarment., Suspension, Ineligibility, and Voluntary Exclusion .................... II Cenification Regarding Use of Contract Funds for Lobbying ........................................................................... 12 ATTACHMENTS XI. XII. A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) L GENERAL 1. These contract provisions shall apply to aU work per- formed on the contract by the contractor's own organization and with the assistance of workers under the contractor's im- mediate superintendence and to all work. performed on the con- tract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shaH insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall Dot be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient @rounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for deba.rment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV. paraaraphs I. 2, 3. 4. and 7; Section V. paragraphs 1 and 2a through 2g. S. Disputes arisins out of the labor standards provisions of Section IV (except paragraph S) and Section V of these Required Contnct Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. De- partment of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any oC its subcontractors) and tbe contracting agency, the DOL. or the contractor's employees or their represenbtives. 6. Selection oC Labor: DurinS the performance oC this contract., the contractor sh~1 not: a. discriminate against labor from any other State. posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A). or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who arc on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal.aid construction contracts and to all related subcontracts ofSl0.ooo or more.) I. Equal Emplo)lnent Opporlw1ity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under Jaws, executive orders., rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein. aDd im. posed pursuanllo 23 U.S.C. 140 shall constitute thc EEO and specific affirmative action standards for the contractor's project activities UDder this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 el seq.) sel forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State hi~hway agency (SHA) and the Federal Government in canymg out EEO obligations and in their re"iew of his/ber activities under the contract. b. The contractor will accept as his operating policy the following statement: Hit is the policy o/Ihis Company 10 assure thaI app/icallls are employed, a'Jd thaI employees are treated during employ- meu', wi/houl regard /0 the;,. race. religion. sex, c%r, na... tioua/or;gin, age or disability. Such action shall inc/utk: employment, upgrading, demolion, or transfer; recruilment or recrultmenr other/ising; layoff or lerminQllon; raleS of pay or olher/arms of compensation.. and selectjolr/or Ira/n/ng, ;n- eluding apprenticeship, preappren/iceship, and/or on.the-job training." 2. EEO Offirer: The contrActor will designate and make known to the SHA contractins officers an EEO Officer who will have the responsibility for and must be capable of effectively FOI'1III21S-R.ev_3-95 01-07-95 FR-3 Page 12-65 Februa'}' 1, 1998 EXHIBIT 12-E Attachment B Local Assistance Procedures Manual PS&E Checklist Instructions administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. DilScmination or Polic)': All members of the contractor's staff who are authorized to hire. supcnrisc. promote. and disch.rsc employees. or who recommend such action. or who are substantially involved in such action. will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in tach grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as . minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months. at which time the contract~r's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. AIl new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obliga- tions within thirty days following their reporting for duty with the contractor. c. All personnel who arc engaged in direct recruitment for the project will be instructed by the EEO Officer in the con- tractor's procedures for locating and hiring minority group employees. d. Notices and posters sening forth the contractor's EEO policy will be placed in areas readily accessible to employ- ees. applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to im- plement such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks. or other appropriate means. 4. Recrulnntnt: When advertising for employees, the contractor will include in all advertisements for employees the Dotation: "An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circula- tion among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this re- qUirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the exteDt that the system permits tbe contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements bave the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implemenlation violates Ex- ecutive Order 11246, as amended.) Form 1273 - RcviMd 3-95 01-07.95 c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority Sroup applicants will be discussed with cmployees. S. Penonnel Actions: Wages, workins conditions. and employee benefits shall be established and administered. and personnel actions of every type, includina hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex. national origin, age or disability. The foUowina procedures shan be followed: a. The contractor will conduct periodic inspections of pro- ject sites to ensure that working conditions and employee fa- cilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodicaJly e\'lluate the spread of wages paid within each classification to detennine any evi- dence of discriminatory wage practices. c. The contractor will periodically re\'iew selected person- nel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include aU affected persons. d. The contractor will promptly investigate all complaints of allcged discrimination made to the contractor in coanec- tion with his obligations under this contract, will anempt to resolve such complaints. and wiIJ take appropriate corrective action within a reasonable time. If the investigation indi.. cates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employ. eel, and applicants for employment. b. Consistent with the contractor's wort force requi~ ments and as permissible under Federal and State regulations. tbe contractor shall make full use of training programs. Le., apprenticesbip. and on-the-job training programs for tbe ge.. ographical area of contract performance. Where feasible, 2' percent of apprentices or trainces in each occupation shall be .n their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the spc- cial provision. c. The contractor will ad\'ise employees and applicants for employment of available training programs and entrance re. quirements for cacho d. The contractor will periodically review the training and promotion poteatial of minority group and women employees and will encourage eligible employees to apply for such training and promotion. FR-4 Page 12-66 February 1. 1998 Local Assistance Procedures Manual PS&E Checklist Instructions EXHmrr 12-E Attachment B 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or throush a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coop- eration with the unions. joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group emplo)'ccs and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants with. out regard to their race. color. religion. sex" national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the ex. tent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is un3ble to provide the contr3c- tor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruit. ment efforts, fill the employment vacancies without regard to race, color, relision, sex. national origin, age or disability; making full efforts to obtain qualified andlor qualifiable mi. nority group persons and women. (Tbe DOL has held that it shall be no excuse tbat tbe union with which tbe contractor has a collective bargaining a,reement providing for exc::lusive referral failed to refer minonty employees.) In tbe event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246. as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors. Procurement of Materials and Leasing of Equipmmt: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors. including procurement of materials and leases of equipment a, The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23. shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contraclors shaH obtain lisls of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon. tractor compliance with their EEO obligations. 9. Records and Rc-ports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shan be available at reasonable times and places for inspection by au. thorized representatives of the SHA and the FHW A. a. The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and women employed in each work classification on the project; (2) The pro@;ress and efforts being made in cooperation with unions, when applicable, to increase employment opo- portunities for minorities and women; (3) The progress and efforts being made in locating, hir- ing. training. qualifying, and upgrading minority and fe.. male employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual repon to the SHA each July for the duration of the project, indicating the num. ber of minority, women. and non.minority group empJoyees currently engaged in each work. classification required by the contract work. This information is to be reponed on Form FHW A-1391. If on.the.job training is being required by special provision, the contractor will be required to collect and report training data. 111 NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of$IO,ooo or more.) a. By submission of this bid, the execution of this cootract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal.aid construction contractor, subcontractor, material supplier, or vendor. as appropriate, certifies that the firm does not maintain or provide for its employees any scgregated facilities at any of its establishments. and that the firm does not permit its employees to peri'onn their sen'ices at any location, under its control, where segregated facilities ~ maintained, The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the tenn "segregated facili.. ties" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas. time clocks, locker rooms, and other storage or dressing areas, parking lots, drink.ing fountains. recrention or entertainment areas, transportation, and housing facilities provided for employees which are segreg3ted by explicit directive, or are. in fact. sea. regated on the basis of race, color, religion. national origin, 3ge or disability, beC3USC of habit. local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). Form 1:73 - Rniaed 3-9' ~''''5 FR-5 Page 11-67 February I, 1998 EXHmrr 12-E Atlathment B Local Assistance Procedures Manual PS&E Checklist Instruclions 2. Classification: c. The contractor agrees that it has obtained or will obtain identicaJ certification from proposed subcontractors or mate. rial suppliers prior to award of subcontracts or consumnlation of material supply agreements of S 1 0.000 or more and that it will relain such certifications in its files. IV. PAYMENT or PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceed. ins $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor col- lectors. which arc exempt.) I. General: B. ~II mechanics and laborers employed or working upon the site oCthe work 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 permiUed by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 V.S.C. 276c) the full amounts of wases and bona fide frinse benefits (or cash equivalents thereof) due at time of payment. The payment shall ~ computed at wage ratcs not Icss than those contained in ~ wage detennination of the Secretary of Labor (heremafter "the wagc determination") which is attached he~to ~d mad~ a part hereof: regardless of any contractual re. latlonshlp which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage detennination (including any additional classifications and wage rates confonncd under paragraph 2 of this Section IV and the DOL poster (WH. 1321) or Form FHWA.149S) shall be posted at all times by tbe 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. For the purpose of this Section contri~utions made or costs r~asonably anticipated for bon~ fide fnnge benefits under Secbon l(bX2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics arc considered wages paid to such laborers or mechanics subject to the provisions of Section IV, paragraph 3b, hereo'f. Also, for the purpose of this Section, regular contributions made or costs incurred for more tban a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, arc deemed to be constructively made or incurred during such weckly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage detemunation for the cl~ssification of wo~ act~J1y performed, without regard to s~III, except as prOVided In paragraphs 4 and 5 of this Section IV. b. 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 accuratel\" set forth the time spent in each classification in which work. is performed. c. All rulings and interpretations of the DavisaBacon Act and related acts contained in 29 CFR J, 3, and 5 are herein incorporated by refcrence in this contracL Fonn 1273 - Reviaod 3.95 08-07_95 a. The SHA contr3ctins: officer shall require th3t any class ~flaborers or mechanics employed under the contract. which IS not listed in the wage determination, shall be classified in conformance with the wage detennination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when tbe following criteria have been met: (I) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination~ (2) the additional classification is utilized in the area by the construction industry; .(3) the proposed ""..se rate, including any bona fide fnngc bcn~fits, bears a rea.sonable relationship to the wage rates contalncd in the wage dctermination; and (4) with respect to helpers, when such a classification prevails in the area in wbich the work is performed. c. If the contractor or subcontractors, as appropriate, the la~~ers and m~cha~ics (ifk~own) to be employed in the addl~lona) elasslficatlon or thelt representatives, and the cona t~actlng. officer agree on the classification and wage rate (IncludlDB the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting .0J;Ii.cer to the DOL, Administrator of the Wage and H.our DIVISion, Employment Standards Administration. Wash"8ton, D.C. 20210. The Wage and Hour Adm.inistrat~r, or an authorized representative, will approve, modify, or disapprove every additional classification action with~n 30 ~ays of receipt ~nd so advise. the contracting officer or Will nobfy the contracting officer Within the 30-day period that addilional time is necessary. .d. In the event the conlractor or subcontractors, as appJ'Ooo ~nate, the J~bore~ or mec~anics to be employed in the addi- tlon~1 classification or thelT representatives, and the COD- tractlOg officer do not agree on the proposed classification and wage rate (including the amount designated for frinse benefits. where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determi~ation within 30 days of receipt and so advise the c~nt~actlDg officer or will notify the contracting officer wlthm the 30-day period that additional lime is necessary e. The w~ge rate (including fringe benefits where appropri- ate) detemllncd pursuant to paragraph 2c or 2d of this Section I.v shall be ,paid .10 all workers perfonning work in the addia llOnal claSSificatIon from Ihe first day on which work is per- formed in the classification. 3. P_yment or Frinle Benefits: L Whenever the minimum wage rate prescribed in the eon- tract for _ class of laborers or mechanics includes a Cringe bcnefit which is not expressed as an hourly rate, the contrac- tor or subcontractors, as appropriate. shall either pay the benefit FR-6 Page 12-68 rebruaf)' I, 1998 Local Auistance Procedure. Manual PS&E Cbecklistln.tructions . EXHmlT 12-E Attachment B as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case l:qui\'8lent thereof. b. If the eonlractor or subcontractor, as appropriate. does not make payments to a trustee or other third person. he/she may consider as a pan of the wages oCaDY laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. pro\'idcd. that the Secretary of Labor has found, upon the written request of the contractor, 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. 4. Apprentices and Train... (procram. of the U.S. DOL) and Helpen: 8. Apprentices: (I) Apprentices will be permitted to work at less than the predetermined rail' for the work they performed when they arc employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL. Employment and Training Administration. Bureau of Apprenticeship and Training, or with a State apprentice- ship agency recognized by the Bureau, or if a person is em- ployed in hislher firsl90 days of probationary employment as an apprentice in such an apprenticeship program, who is Dot individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropri- ate) to be eligible for probationary employment as an ap- prentice. (2) The allowable ratio oC apprentices to journeyman- level employees on the job site in an)' craCt classification shall not be greater than the ratio pcnnined to the contrac- tor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate. who is not reJistcred or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work: actually performed. In addition. any apprentice per- forming work. on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where 8 contractor or subcontractor is performing construction on a project in 8 locality other than that in which its program is registered, tbe ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a pen;:entage of the jour~ neyman-level hourly rate specified in the applicable W:lge determination. Apprentices shan be: paid fringe benefits in accordance with the provisions of the apprenticeship pro- gram. If the apprenticeship program docs not specify frin~e benefits, apprentices must be paid the full amount of fringe benefits listed on the wage delermination for the applicabJe classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Train. ing. or a ~tate apprenticeship agency ccc08nized by the Bureau, Withdraws approval of an appccnticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predeter~ mined rate for the comparable work performed bv regular employees until an acceptable program is approved. b. Trainees: (I) Except as provided in 29 eFR 5.16, trainees will not be permined to work. at less than the predetermined rate for the w.or~ ~rformed u~less they are employed punuant to and andlvldually registered In a program which has received prior approval, evidenced by formal certification by the DOL. Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the pJan approved by the Employment and Trainina Adminis. tration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Adminis- tration shall be paid not less than the applicable wage rate on the wage determination for the classification oC work ac. tually performed. In addition, any trainee performing work. on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applica- ble wage rale on the wage detennination for the work actu. ally perfomled. (3) Every trainee must be paid at not less tban the rate specified in the approved program for bislher level of progress, expressed as a percentage oC the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the fulJ amount of Cringe benefits listed on the wage determination unless the Administrator ofthe Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman- level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such tminces shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the con- tractor or subcontractor will no longer be permitted to uti- lize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is ap- proved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate. who is Dot a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of worl.:. actually performed. FR-' Form 1:!73 - Re~iled 3-9S OI-07~'5 Page 12-69 February I, 1m EXHmlT 12-E Atta<hment B Local Assistance Procedures Manual PS&E Che<klist Instru<tions 5. Apprentices and Train~s (programs or the U.S. DOn: Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Seere. tary of Trans~rtation as pro~oting EEO in connectio~ with Fcdcral.aid highway construction programs arc nol subject to the requirements of paragraph 4 of ~his Section .IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of Ihe particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authoriz.ed representative of the DOL withhold, or cau5C to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the: accrued payments or advances as may be considered necessal)' to pay laborers and mechanics. including apprentices, tramees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event offailure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, 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. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work. which may require or involve the employment of laborers, mechanics, watchmen, or guards (including appren- tices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechaniC, watchman, or guard in any workweek in which hclshe is employed on such work, to work in excess of 40 hours in such workweek: unless such laborer, mechanic, watchman, or guard receives compensa- tion at a rate not less than one-and..one-half times his/her basic rate of pay for all bours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected. employee for hislher unpaid wages. 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, mechanic, watchman, or suard employed in \'iolation of the clause set forth in paragraph 7, in the sum of S10 for each calendar day on whicb such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the ovenime wages required by the clause set forth in paragraph 7. Form 12'73 - Revi.ed ).95 08.0'7-95 9. \\'ithholding Cor Unpaid "'aecI and Uquidated Dam_ees: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold. or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally.assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set fonh in paragraph 8 above. V. STATEMENTS A!,(D PAYROLLS (Applicable to all Federal.aid construction contracts exceed- ing S2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors. which are exempt.) 1. Compliance with Copeland Regulations (29 CrR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by refer. enee. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen. helpers, and guards working at the site of the work:. b. The payroll records shan contain the name, social secu- rity number, and address of each such employee~ his or her correct classification~ hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Sec. tion l(b)(2)(B) of the Davis Bacon Att); daily and weekly number of hours worked~ deductions made~ and actua) wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the em- ployee does, or docs not, normally reside in the labor area as defined in Attachment A, paragraph I. Whenever the Secre- tary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits un- der a plan or program described in Section 1(bX2XB) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable. tbatthe plan or program is finan- cially responsible, that the plan or program bas been commu- nicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actualeDst incurred in pro- viding benefits. Contractors or subcontractors employing apprentices or tninces under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the ai>"' plicable programs. FR-8 Page 12-70 February I, 1998 Local AssistaDce Procedures Manual PS&E Checklist Instructions EXHmrr 12-E Attachment B grounds for debarment action pursuant to 29 CFR 5.12. c. Each contractor and subcontractor shall furnish. each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employ~ ees (including apprentices, trainees. and helpers. described in Section IV. paragraphs 4 and S, and watchmen and guards en. gaged on work durina tbe preceding weekly payroll period). The payroll submined shaH set out accurately and completely aU of the information required to be maintained under para~ graph 2b of this Section V. This information may be submit. ted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superinlen~ dent of Documents (Federal stock number 029.005~0014.1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub. contractor or his/her agent who pays or supervises the pay~ ment of the persons employed under the contract and shall certify the following: (I) that the payroll for the payroll period contains the information required to be mamtained under paragraph 2b of this Section V and thai such information is correct and complete; (2) that such laborer or mechanic (including each helper. apprentice. and trainee) employed 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 bave been made either directly or indirectly from the full wages earned. other than permissible deductions as set fonh in the Regulations, 29 CFR3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorpg. rated into the contract. e. The weekly submission of a properly executed certifica.. tion set forth on the Teverse side of Optional Form WH-347 shan satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under Ig V.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspCiction. copyina. or transcription by authorized representatives of the SHA, the FHW A. or the DOL. and shall pcnnit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA. the DOL, or all may, after ",rinen notice to the contractor, sponsor, applicant. or owner, take such actions 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 may be VI. RECORD OF MA TERlALS, SUPPLIES, AND LABOR I. On all Federal-aid contracts on the National Highway Sys~ tem, except those which provide solely for the installation of protective devices al railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts. and contracts for which the total final construction cost for road..\'8Y and bridge is less than SI,OOO.OOO (23 eFR 635) the contractor shall: 8. Become familiar with the list of specific materials and supplies contained in Form FHW A-47, "Statement of Materi. als and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of .n materials and supplies purchased for and incorporated in the work. and also of the quantities of those specific materials and supplies listed on Form FHWA~47. and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract. to the SHA resident engineer on Form FHWA-47 together with tbe da.. required in paragraph I b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, eitber a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CON- TRACT I. The contractor shall perform witb its own organization contract work: amountin~ to not less than 30 percent (or a greater percentage if speCified elsewhere in the contract) of the total original contract price, excluding any specialty items des. ignated by the State. Specialty items may be performed by sub. contract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime COD" tractor and equipment owned or rented by the prime contrac:~ tor, with or without operators. Such term docs not include employees or equipment of a subcontractor. assignee, or ..ent of the prime contractor. b. "Specialty hems" shall be construed to be limited to work that requires highly specialized knowledge, abilities. or equipment not ordinarily available in the type of con~ tracting organizations qualified and expected to bid on the contract as a whole and in general arc to be limited to minor components of the overall contract. Fona 1273 - RniMd 3-95 01.07_95 FR-9 Page 12-71 February I, 1998 EXHIBIT 12-E Attachment B Loc:al Assistance Procedures Manual PS&E Checklist Instructions 2. The contract amount upon which the requirements set Com in paragraph 1 of Section VII is computed includes the cost of material and manufactured praducls which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (s> 8 competent superintendent or supervisor who is employed by the firm. has full authority to direct performance of tbe work in accordance with tbe contract requirements. and is in charge of all c:onstrulWtion operations (regardless of who performs the work.) and (b) such other of its own orsanizational resources (supervision. management. and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contracl. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the wrinen consent of the SHA contmctin. officer. or authorized representative. and such consent when given shall not be construed to relieve the con~ tractor of any responsibility for the fulfillment of the contract. Wrinen consent will be given only after the: SHA has assured that each subcontract is evidenced in writing and that it contains all peninent provisions and requirements of the prime contract. YlIL SAFETY: ACCIDENT PREVEJIo"TION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws gov~ eming safety, health, and sanitation (23 CFR 635). The con. tractor shall provide all safeguards,saCety devices and protec:~ tive equipment and take any other needed actions as it deter- mines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the Jife and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work co\'ered by the contract. 2. It is a condition of this contract. and shall be made a con~ dition of each subcontract. which tbe contmctor enters into pur~ suant to this contract, that the contractor and any subcontractor shan not permit any employee. in performance of the contract, to work in surroundings or under conditions which are unsani- tary. hazardous or dangerous to hislher heal1h or safety, as de- termined under construction safety and health standards (29 CFR 1926) promulgated by the Secrelaly of Labor. in accordance With Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this con~ tract that the Secretary of Labor or authorized representative thereof. shaH have right of entry to any site of contract perfor- mance to inspect or investigate the matter of compliance with the conslruction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hou.. and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGH. WAY PROJECTS In order to assure hiSh quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers,. contractors. suppliers., and worken on Federal~aid highway projects, it is essential that all persons coneemed witb the project perform their functions as carefully. thoroughly, and honestly as possible. Willful falsification. distortion, or misrepresentation with respecl to any facts related to the project is a violation of Federal law. To preYenl any FonrI 1273 - Reviled 3.95 08..07.95 misunderstandins regarding the seriousness of these and similar acts, the following nolice shall be posted on each Federal.aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS Ig U,S.C. 1020 reads as follows: Tlroenr bei"g all officer, agent, or employee of lhe Untied Slalu. or any State or Territory, or whoner. whether a person. association. firm. or corporation. knowingly makes any false state",ent. false representation. or false report as to the character. qua/ity, qUDlIliry, or cost of the material used or to be used. or tire quamtty or quality of the work performed or to be performed. or tire cost thereof In connectton with the submission of plans. maps. specifications, contracts, or costs of constTfJctlon on any highway or related project submlued lor approval 10 the Secretary a/Transportation; or Whoever /mowingl)' makes any false statement, false repre- sentatioll. false report or falu claim with rupect to the character, quality, quantity. or cost of any work performed or to be performed, or materialsfurn/shed or to be furnished, In connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to ",aterialfact in any statement. certifi- cate, or report submitted pursuant to provisions of the Fed. eral-aid Roads Act approvcd July 1, 1916, (39 Slar. 355), as amended and supplemented; Shall be fined not more that S10.000 or imprisoned not more than j years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal.aid construction contracts and to all related subcontracts ofSloo.ooO or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate. the bidder. Federal.aid con. struction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in tbe perfor- mance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 18S7 et seq., as amended by Pub. L. 91.604). and under the Federal Water Pollution Control Ac~ as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92.500). Executive Order 1173g. and regulations in im- plementation thereof (40 CFR IS) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 oCthe Clean Air Act and Section 308 of tbe Federal Water Pollution Control Act and all regulatioDs and guidelines listed thereunder. 3. That the fino shall promptly notify the SHA of the receipt of any communication from the Director. Office of Federal Ac. tivities, EPA. indicating Ihat a facility tlUlt is or will be utilized FR-IO Page 12.72 February I, 1998 Local Assistance Procedures Manual PS&E Cbecklist Instructions EXHIBIT 12.E AUacbmeat B for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph I through 4 of this Section X in .every nonexempt subcontract. and further agrees to take such action as the 80vernment may direct as a means of enforting such re- quirements. XL CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification.. Primary Covered Transactions: (Applicable \0 all Federal.aid coo_Is - 49 CFR 29) a. By signing and submittin$ this proposal, the prospec.. tive pnmary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of panic.. i~tion in this covered transaction. The prospective par- tu:ipant shall submit an explanation of why It cannot provide the cenification set out below. The cenification or explanation will be considered in connection with the de.. panment or agency's determination whether to enter into this transaction. However. failure of the prospective primary panicipant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representa- tion of fact upon which reliance was placed when the depart- ment or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous cenification. in addition to other remedies available to the Federal Government. the de- partment or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide im- mediate written Dotice to the department or agency to whom this FOposal is submitted if anr time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "eovered transaction." "debarred." "suspended." "ineligible," "lower tier eovered transaction." ..participant." "person." "primary eovered transaction." ..principal... "proposal," and "voluntarily excluded." as used in this clause, have the me.ninJs set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549. You may contact the depanment or agem:y to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. Tbe prospective primary participant agrees by submitting this proposal that. should the proposed covered transaction be entered into, it shall not kno\\'lDgly enter into any lower tier covered transaction with a penon who is debarred. suspended. declared inelisible. or voluntarily excluded from participation in this covered transaction, unless authorized by the departmcnt or agency entering into this transaction. g. The prospective primary participant further agrees by submittins this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension. Ineligibil- ity and Voluntary Exclusion..Lower Tier Covered Tranuc.. tion," provided by the department or a.sency enterina into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. b. A participant in a covered transaction may rely upon I cenification of a prospective participant in a lower tier cov- ered transaction that is not debarred, suspended. ineligiblc, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it detennines tbe eligibility or its principals. Euh panicipant may. but is not required to, check the nonprocurement portion of the "Lists of Panics Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurcment List) which is compiled by the General Services Administration. i. Nothing contained in the fORgoinS shall be construed to require establishmenl of a system of records in order to render in sood failh the certification required by this clause. The knowledge and information of panicipant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions. if a participant in a covered transaction knowinsly enters into a lower tier covered transaction with a person who is suspended, debarred. ineligible, or voluntarily excluded from panicipation in this transaction, in addition to otber remedies available to tbe Federal Government. the de.. panment or agency may terminate this transaction for cause or default . . . . . Certification R~gardin& Debument, Suspension, ln~ligibiJit). and Voluntary Exclusion-Primary Co\'er~ Transactions 1. The prospective primary participant cenifies to the best of its knowJedge and belief, that it and its principals: .. Are not presentJy debarred, suspended. p'roposed for debarment. declared ineligible, or voluntanly excluded from covered transactions by any Federal department or .&ency~ b. Have not wilhin a 3-ycar period preceding this proposal been convicted of or had a civil judgment ren- dered against them for .commission of fraud or a criminal offense in connection with obtaining, attemptina to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction~ violation or Federal or State antitrust statutes or commission of embezzlement. theft. forgery, bribery, falsification or destruction of records. making false statements., or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses cnumerated in paragraph I b oftbis cenification~ and Form 1213 - RnlNd ).95 01..07-95 FR-ll Paee 12.73 February I, 1998 EXHIBIT 12-E Attachment B d. Have not within a 3-ycar period preceding this ap- plication/proposal had one or mon: public: transactions (Federal, State or local) tc:nninated for cause or default. 2. Where the rrospective primary participant is unable to certify to any 0 the statements in this cenifieation. such prospective participant shaH attach an explanation to this proposal. ..... 2. Instructions for Certification - Lo,rer TIer Coverf'd Transactions: (Applicable to all subcontracts. purchase orders and other lower tier transactions ofS2S.000 or more - 49 CFR 29) a. By signing and submitting this proposal. the prospec- tive lower tier is providing the certification set out below. b. The certification in this clause is. material representa- tion of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an cr. roneous certification, in addition to other remedies aniiable to the Federal Government. the department or agency with which this transaction originated may pursue available reme- dies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this pro. pasal is submitted if at any time the prospective lower tier participant learns that its certification \\'85 erroneous by reason of changed circumstances. d. The terms "covered transaction." "debarred," "suspended," "ineligible," "primary covered transaction." "pal11cipanl." "person." "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submit. ting this proposal that, should the proposed covered transac. tion be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended. declared ineliaible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier ~rticipant furtber agrees by submitting this proposal that It will include this clause titled "Certification Regarding Debarment, Suspension. }p. eligibility and Voluntary Exclusion.Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. B. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier cov. ered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequenc)' by which it determines Form 1273 - R..yiHd 3--95 01-07.95 Page 12-74 February 1, 1998 Local Assistance Procedures Manual PS&E Checklist Instructions the eligibility of its principals. Each participant ma)', but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order 10 ren. der in 800d faith Ibe eenificallon required ~ this clause. The knowledge and infonnation of participant IS not required to exceed that wbich is Donnally possessed by a prudent persoD in the ordinary course of buslDess dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction witb a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government. the de- partment or agcncy with which this transaction originated may pursue available remedies, including suspension andlor debannenL . . . . . Certification Recardine D~b.rmentt Suspension, tnelilibility and Voluntary Exclusion-Lower Tier Covtred Transactions 1. The prospective lower tier participant cenities, by submission or this proposal, that neither it nor its princl. pals is pr..entlr debarred. suspended, proposed for debar- ment, declared Inelisible, or voluntarily excluded from par. ticipation in this transaction by any Federal department or agency. 2. Where the prospectivc lower tier participant is unable to cenify to any of the statements in this certification, luch prospectivc participant shall attach an explanation to this proposal. . . .. . XIL CERTlFlCATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to aU Federal-aid construction contracts and to all related subcontracts whicb exceed SIOO,ooo - 49 CFR 20) I. The prospective participant certifies. by signing and submitting this bid or proposal, to the best of his or ber know)... ed8e and belie( that a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any Federal agency, a Member of eon gress, an officer or em. ployce or Con_ress, or In employee ofa Member orCooSress in connection with the awarding of any FedeJal contract, the making of any Federal8ran~ Ihe makin8 of any Federal loan. Ihe entering into of any cooperatjvc agreement. and the extension. continuation, renewal, amendment, or modification of any Federal contract, arant, loan. or cooperative aarcement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at.. temptina to influence an officer or employee of any Federal agency, a Member of Consress, an officer or employee of Conaress, or an employee of a Member of Congress in connec- tion with this Federal contract, FR-12 Local Assistance Procedures Maaual PS&E Checklist InstruelioDs . EXHIBIT 12-E Attachment B grant, lOin. or cooperative agreement. the undersigDed shan complete and submit Standard Fonn-LLL. "Disclosure Fonn to Report Lobbying. .. in aecordance with its instructions. 2. This certification is. material representation of ract upon which reliance was placed when this transaction was made or entered into. Submission of this certification is . prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shaJJ be subject to. civil penalty afnot less than 510.000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submining his or her bid or proposal that he or she shall require that the lan- gUlge oflhis certification be im:luded in all lower tier lubcon. lracls. which exceed 5100,000 and Ihal all such recipients shall certify and disclose accordingly. FEDERAL-AID FEMALE AND MINORITY GOALS In accordance with Section 11. wNondiscrimination, W of wRcquired Contract Provisions Federal.ajd Construction ContractsW the following arc the goals for female ulilization: GoaJ for Women (.pplies nationwid.)..............(pc"'.nt) ........ 6.9 The following are goals for minority utilizalion: CALIFORNIA ECONOMIC AREA 174 Redding, CA: Non-SMSA Counties ...................................... CA Lassea; CA Madoc; CA Plumas; CA Shasta; CA Siskiyou; CA T .hama. 17S Eureka, CA: Non-SMSA Counties ...................................... CA Del Nortc; CA Humbold~ CA Trinity. 176 S.n Francise..oald.nd-San Jose. CA: SMSA Counti..: 7120 Salinas-Seaside. Monterey. CA..............................._._............. CA Monterey. 7360 San Francisco-Oaldand. CA................ CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo. 7400 San JOll<:, CA................................_........... CA Santa Clara. 7485 Santa Cruz, CA......................_................ CA Santa Cruz. 7SOO Santa Rosa. CA........................................ CA Sonoma 8720 Vallejo-Fairfi.ld. N.pa. CA................. CA Napa; CA Solano Non-SMSA COunti..........................._._.............. CA Lake; CA Mendocino; CA San Benito. Goal (P.",ent) 6.8 6.6 28.9 25.6 19.6 14.9 9.1 17.1 23.2 177 Sacnunento.C~ SMSA Counties: 6920 Sacnuncnto. CA...................................... CA Placer; CA Sacramento; CA Yolo. Non.SMSA COunti.............................................. CA Bu<<.; CA Colusa; CA EI Dorado; CA Glenn; CA N.v.da; CA Siena; CA Su<<.r; CA Yuba. 178 Stockton-Mod.sto. CA: SMSA Counties: 5170 Modesto, CA........................................... CA Stanisl..... 8120 Stockton. CA.......................................... CA San Joaquia. Non-SMSA COunti.............................................. CA Alpia.; CA Am.dor; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne. 179 Fresno-B.kersfield. CA: SMSA Counties: 0680 BaI:crsfi.Id. CA...................................... CA Kern. 2840 Fresno. CA........................_..................... CA Fresno. Non.SMSA COunti........_._................................. CA Kings; CA M.dera; CA Tulare. 180 Los Angeles. CA: SMSA Counlies: 0360 Anaheim.Santa Ana.{iardcn Grove, CA......................................._.............. CA Orange. 4480 Los Angeles-Long S-h, CA.._.........................._............._......... CA Los Angcles. 6000 Oxnard-Simi Valley. VenlUra. CA..........................................__...... CA Ventura. 16.1 14.3 12.3 24.3 19.8 19.1 26.1 23.6 11.9 28.3 21.5 FR.13 Form 1213 - l.eYiHd ).95 OI..oMilS Pa.I2-75 February I, 1m 1--- I i I EXHIBIT 12-E Allacbmenl B Local Assistance Procedures Manual PS&E Cbecklisl Instructions 6780 Riverside-San Bcmardino- Onlario,CA.................................................... CA Riverside; CA San Bernardino. 1480 Santa Barbara-Santa Maria- Lompoc. CA.................................................... CA Santa Barbara. Non-SMSA COuntics............................................ CA Inyo; CA Mono; CA San Luis Obispo. 181 San Diego, CA: SMSA Counties 7320 San Diego. CA....................................... 16.9 CA San Diego. Non.SMSA COun.cs............................................ 18.2 CA Imperial. 19.0 19.7 24.6 10 addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of S10,OOO or more, shall submit for every month of July during which work is performed, employment data as contained under Form FHWA PR-1391 (Appendix C to 23 CFR. Part 230), and in accordance with the instructions included thereon. Fonn 1273 - ReviHd 3-95 08.07-95 FR-14 Page 12-76 February I, 1998 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Labor Relations Division 611 W. 6th Street, Suite 800 Los Angeles, CA 90017 (213) 894-8000 (Fax) (213) 894-8113 DAVIS-BACON TRAINING PACKAGE (helping make compliance easier) Labor Relations - Representatives Joey Harper - X3016 Ernestine Napue - X3013 Labor Relations Reference Materials Specific Davis-Bacon Related (statute) for your program Act . 29 CFR Parts 1, 3, 5, 6 & 7 (First boolz in Title 29 series) 24 CFR, (Relevant Part for specific program (s)) Labor Relations Letters Labor Relations Desk Guides (replacing, in steps, HB 1344.1) On-the-Mark! Series Dc~k Guide LR.I hllp:/ibudweb.hud.govlpolsli1ahrclguidcfmdex I.hOll Labor Standards Administration and Enforcement Guidelines HUD-Administered Projects . :1 Special Attention of: Field Labor Relations Staff DESK GUIDE LR-I Revised: AUGUST 1996 Cross References: HB 1344.1 Rev 1, Chg 1; DOL Regulations 29 CPR Parts 3 and 5; Labor Relations Letters LR 92-02, 95-01 and 96-01 TABLE OF CONTENTS Paral!raDh Pal!e PREFACE CHAPTER 1. STATUTORY AND REGULA TORY BASES 1-1 Statutory Provisions a. Davis-Bacon Act (DBA) b. Contract Work Hours and SafetY Standards Act (CWHSSA) c. Cooeland Act (Anti-Kickback Act) 1-1 1-1 1-1 1-2 1-2 Fair Labor Standards Act CFLSA) 1-3 Relnllatorv Provisions 1-2 1-2 CHAPTER 2. LABOR STANDARDS COMPLIANCE PARAMETERS AND REPORTING REOUlREMENTS 2-1 Introduction 2-2 Contract Provisions 2-3 Responsibility of the Princioal Contractor Section 1 Comoliance Parameters 2-1 2-1 2-1 lof4 7/28/97 10:33 AM De.Ji: Guide :.R-I http://budweb.hud.gov/poIslllabrelguidc'indexl.hlm 2-4 Definitions a. Laborer or Mechanic i. Working Foremen ii. Exclusions b. Emplovee c. Aoprentice i. Probationary Apprentice ii. Pre-apprentice d. Trainee e. Wages f. Fringe Benefits g. Site of Work h. Overtime 2-1 2-1 2-2 2-2 2-2 2-2 2-2 2-2 2-2 2-2 2-2 2-3 2-3 2-5 Prevailing Wages a. Deductions b. Prooer Classification of Work c. Solit Classification d. Additional Classifications and Wage Rates 2-3 2-3 2-3 2-4 2-4 2-6 Use of AODrentices and Trainees a. Ree:istration b. Wage Rates c. Ratio to Joumevworkers d. De-certification 2-4 2-4 2-4 2-4 2-4 Section 2 ReDortinl!: Reauirements 2-7 Payrolls and Basic Records 2-8 Certified Pavroll Reoorts a. CPR Format b. Submission ReQuirements c. CPR Preparation i. Emoloyee Information ii. Apprentices or Trainees 1U. Solit Classification iv. Hours Worked at Other Job Sites d. No Work Payrolls e. Weeklv Pavroll Certification f. Falsification 2-5 2-5 2-5 2-6 2-6 2-6 2-6 2-6 2-6 2-6 2-7 2-7 2-9 Inspection of Records and On-Site Interviews 2-10 Requests bv Outside Parties for Payrolls 2-11 Confidentiality 2-7 2-7 2-8 20f4 7f28197 10:33 AM Desk Guide ~-l http://hudweb.hud.govipolslllabrelguide/indexl.hun a. Privacv Act Release b. DOL Investigatorv Materials 2-8 2-8 CHAPTER 3. LABOR STANDARDS ADMINISTRATION. COMPLIANCE MONITORING AND ENFORCEMENT 3-1 Introduction 3-1 Section 1 Basic ResDonsibilities 3-2 Field Labor Relations Staff Responsibilities 3-1 3-3 Labor Standards Enforcement Files 3-2 a. Proiect Lead Files 3-2 i. Wage Decision File 3-2 ii. Corresoondence/CPR Review File 3-2 iii. Transmittals/Costs Reports 3-3 iv. Deposit/Disbursement File 3-3 b. Contractor/Subcontractor CPR Riles 3-3 Section 2 Routine ComDliance Monitorinl! 3-4 Routine Proiect Monitoring 3-3 3-5 On-Site Interviews 3-3 a. Representative Sample 3-3 b. Confidentialitv 3-4 c. Place and Timing ofInterview 3-4 d. Completeness of Information Gathered 3-4 e. Observations and Comments of the Interviewer 3-4 f Comparison to CPRs 3-4 g. Targeted Emplovee Interviews 3-4 3-6 Proiect CPR Reviews 3-5 3-7 Documenting the Review 3-5 3-8 Initial Pavroll Reviews 3-5 a. Pavroll Format 3-5 b. Addresses and Social Security Numbers 3-5 c. Incomplete Pavrolls d. Classifications and Wage Rates 3-6 e. Aporentices and Trainees 3-6 f Overtime Hours Worked 3-6 g. ComDutations 3-7 h. Deductions 3-7 1. Fringe Benefits 3-7 J. Signature 3-7 k. Comoarison of CPRs to HUD-ll On-Site Interviews 3-8 3-8 3-9 Conforming Additional Classifications and Wage Rates to the Wage Determination 3-9 30f4 7/28/97 10;33 AM -- Desk Guide ~-l 3-10 Minimum Review Reouirements 3-11 Ouestionnaires 3-12 Restitution for Underoavrnent ofWaees a. Notification to the Prime Contractor i. Correction CPRs ii. Emolovee Si!!I1ature b. Review of Correction CPR c. Unfound Workers d. Withholding e. Comoutine Restitution for Aporentices or Trainees 3-13 Reoortine Waee Restitution of$1.000 or More 3-14 Falsification ofCPRs a. Ratio of Laborers to Mechanics b. Too Few or lrreeular Hours c. Discrepancies in Waee Computations d. Extraordinary Deductions h1lp11budweb.hud.gov/polsli1abrelguidel"mdex I.hIm '0:" "f P'~ Send Mail '199 . .. . lfe1,. AD. &lIrcl. 40f4 .~ HI,l~.b Name 3-9 3-10 3-10 3-10 3-10 3-11 3-11 3-Il 3-11 3-11 3-12 3-12 3-12 3-12 3-13 3-13 1t Back to Top 7128/97 10:33 AM CHAPTER 1 STATUTORY AND REGULATORY BASES I-I STATUTORY PROVISIONS. a. Davis-Bacon Act (DBA), The Davis-Bacon Act provides that contracts in excess of $2,000 to which the United States is a parry for the construction, alteration and/or repair, including painting and decorating, of public buildings or public works, which involve the employment oflaborers and/or mechanics, shall contain provisions with respect to minimum wages, fringe benefits, payments without deductions or rebates, withholding funds from contractors to ensure compliance with the wage provisions, and termination of the contract or debarment for failure to adhere to the required provisions. HUD programs administered by LCAs are not covered by the DBA itself since LCAs are not equated to represent the United States in this context. Rather, Davis-Bacon wage rates apply to HUD programs by virtue of prevailing wage requirements expressed in HUD "Related Acts" such as the U. S. Housing Act of 1937, the National Housing Act of 1949, the Housing and Community Development Act of 1974', and the National Affordable Housing Act of 1990, as amended. The Related Acts (referred to in this Guide as Davis-Bacon and Related Acts or DBRA) vary considerably and contain different applicability parameters. b. Contract Work Hours and Safetv Standards Act (CWHSSA). The CWHSSA applies to both direct Federal contracts and to indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA provides that all overtime (OiT) hours (defined as hours worked in excess of 40 during any workweek) must be compensated at a rate not less than one and one half times the regular basic rate of pay. In the event of OIT violations, the CWHSSA renders the contractor liable to the underpaid workers for wage restitution and to the United States for liquidated damages. Intentional viola1i~ns of CWHSSA standards are considered a Federal criminal misdemeanor. o All HUD programs administered by LCAs exceed this threshold (i.e., are not solely a loan guarantee or insurance) and therefore are all subject to the C\VHSSA. The C\VHSSA does not apply to Contracts of $ I 00,000 or less. (See also Labor Relations Letter SL-95-01, CWHSS.A. COl'erar<e threshold for overtime and health and safety rovisions.! 1-1 5/96 CHAPTER 2 LABOR STANDARDS COMPLIAl'iCE P AMMETERS AND REPORTIl'iG REQUIREMEl'iTS 2-1 l;-';TRODUCT'O~. Basic labor standards compliance parameters involve the payment to all construction laborers and mechanics not less than the prevailing wage rate established in the wage determination for the type (classification) of work and the hours of work they actually perform. Contractors and subcontractors and any lower-tier subcontractors (employers) are required to prepare, certify and submit weekly payroll reports reflecting all of the laborers and mechanics (employees) engaged in construction on the site of the work. Employers may also be required to submit related documentation in order to demonstrate compliance with these standards. This Chapter is divided into two Sections. The first deals with compliance parameters - what employers are permitted or required to do. The second section deals with reporting requirements - what the employer must submit to demonstrate compliance. (See also DOL Regulations 29 CFR Part 5, S5.2 and J'5.5.) 2-2 CONTRACT PROVISIONS. Each contract subject to Federal (Davis-Bacon) labor standards requirements must contain the appropriate HUD contract provisions containing the labor standards clauses. These clauses correspond to the DOL Regulations prescribing the responsibilities of the contractor and obligating the contractor to comply with the labor requirements.. The labor standaras clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the LCA and HUD to enforce the Federal labor standards applicable to the project. 2-3 RESPONSI31L1TY OF THE PR1"CIP.~.L CONTRACTOR. The principal contractor (also referred to as the prime contractor) is responsible for the full compliance of all employers (contractor, subcontractors and any lower-tier subcontractors) with the labor standards provisions applicable to the project. For ease in reference, the term "contractor" shall mean the principal or prime contractor; "subcolllractor" shall mean any and all subcontractors and lower-tier subcontractors; and the term "employer" shall include the contractor and any subcontractors and lower-tier subcontractors. SECTION I CO;l.IPLlANCE PARA\lETERS 2-4 DEFINITIO,,"S. a. Laborer or mechanic. "Laborers" and "mechanics" are those individuals whose duties are manual or physical in nature including workers who are performing the work of a trade (e.g., Electrician). These terms include apprentices, trainees and helpers and. for contracts subject to C\\'HSSA. watchmen and guards. 2-1 5/96 vacation or holiday pay; defraying costs of apprenticeship or similar programs; or other bona fide fringe benefits. In addition to contributions, fringe benefits may reflect the rate of costs to the employer which may be reasonably anticipated in providing bona fide fringe benefits pursuant to an enforceable commitment to carry out a financially responsible program. Fringe benefits do nOI include benefits required by other Federal, State or local law. g. Site of work. The "site of work" is limited to the physical place or places where the construction called for in the contract will remain when work on it has been completed. "Site of work" includes other adjacent or nearby property used by the contractor/subcontractor in the construction of the project (e.g., fabrication sites) provided they are dedicated exclusively or nearly so to the performance of the contract or project, and are so located in proximity to the actual construction location that it would be reasonable to include them. h. Overtime. Overtime hours are defined as all hours worked on the site of the work in excess of 40 hours in' any work week. Overtime hours shall be compensated at not less than one and one-half times the regular rate of basic pay plus the straight-time rate of any required fringe benefits. 2-5 PREVAILI>:G WAGES. All laborers and mechanics employed or working on the site of the work shall be paid unconditionally and not less often than once a week the full amount of wages and bona fide fringe benefits computed at rates not less than those contained in the wage determination. Employers who do not make contributions or payments to bona fide fringe benefits funds, plans, or programs shall pay an amount equivalent to the fringe benefit rate (if any) required on the wage determination directly to the employee added to the basic hourly rate of pay. a. Deductions. The employer may make payroll deductions as permitted by DOL Regulations 29 CFR Part 3. These regulations prohibit the employer from requiring employees to "kick-back" any of their earnings. Deductions may include employee obligations for income taxes, Social Security payments, insurance premiums. retirement, savings accounts, and any other legally-permissible deduction authorized by the employee. Deductions may also be made for payments on judgements and othcr financial obligations legally imposed against the employee. b. Prooer c1?ssification of work. Each laborer and mcchanic shall be classified in accordance with the work classifications listed on the wage determination and the actual type of work he/she performed ond shall be paid the appropriate wage rate and fringe benefits for the cbssific:ltion regardless of the level of skill. 2-3 5/96 SECTION 2 REpORTING REOUIREMENTS 2-7 PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating to such payrolls shall be maintained by each employer with respect to hislher own workforce employed on the site of the work. The principal contractor shall maintain such records relative to all laborers and mechanics working on the site of the work. Payrolls and related records shall be maintained during the course of the construction work and preserved by the contractor and all employers for at least 3 years following the completion of the work. Such records shall contain: a. The name, address and social security number of each laborer and mechanic; b. His or her correct work c1assification(s); c. Hourly rates of pay including rates of contributions or costs anticipated for fringe benefits; . d. Daily and weekly number of hours worked, including any overtime hours; e. Deductions made and actual net wages paid; f. Evidence pertaining to any fringe benefit programs; g. Evidence of the approval of any apprenticeship or trainee program, the registration of each apprentice or trainee and the r.atios and wage rates contained in the program. 2-8 CERTIFIED PA YROLL REPORTS. Certified weekly payroll reports (CPRs) shall be submitted with respect to e:tch week any contract work is performed. Each contractor and subcontractor (employer) shall prepare and certify such payroll reports to demonstrate compliance with the labor standards requirements. The principal contractor is responsible for full compliance with regard to its own workforce and with regard to the compliance of every subco~tractor. For this reason, all CPRs and any related records are submitted to the LCA /hrollgh the principal contractor. a. CPR format. CPR information may be submitted in any form provided that the LCA Labor Standards Designee can reasonably interpret the information to monitor employer compliance with the labor standards. Employers are encouraged to utilize DOL Payroll Form WH-347. The LCA shall make available to each principal contractor a limited number of copies of the WH-347 for the contractor's reproduction and use. 2-5 5/96 I e. Weeklv oavroll certification. Each weekly payroll shall be accompanied by a "Statement of Compliance. "The Statement of Compliance shall be executed by the original signature of the principal executive of the contractor/subcontractor or of a person authorized in \\Titing by the principal. The Statement shall contain the language prescribed on DOL Form WH-348 or the reverse side of Form WH-347 which shall certify to the following: I) That the payroll for the payroll period contains the information required to be maintained (see ~2-7) and that the information is correct and complete; 2) That each laborer or mechanic (including each helper, apprentice and trainee) employed 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 from the full wages earned, other than permissible deductions as set for in Regulations, 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 of work performed, as specified in the applicable wage determination incorporated into the contract. f. Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 3] of the United States Code. 2-9 I!\:SPECTIO:-\ OF RECORDS AND O!\:-SITE I~TERVIEI'.'S. Each employer shall make the required records (CPRs and related documents) a\'ailable for inspection, copying or transcription by authorized representatives of the LCA, HUD or DOL. In addition, each employer shall permit authorized representatives to interview employees during working hours on the j~b site. Failure by any employer to submit the required records or to make them available, or to permit on-site employee interviews may, after \\Titten notice to the contractor, cause a suspension of any further payment, advance or guarantee of funds. In addition, failure to submit the records on request or to make them available may be grounds for debarment action pursuant to 29 CFR 5.]2. 2-10 REOUESTS BY OUTSIDE PARTIES FOR PAYROLLS. In order to protect the personal privacy interests of employees, copies of weekly payrolls shall not be released to olltside parties and may be withheld under Exemption 6 of the Freedom of Information Act (FOIA) ul1less the employees personal identifiers (e.g., name. address, social security number) are first deleted. 2-7 5/96 CHAPTER 3 LABOR STANDARDS ADMIl'iISTRA TION, COMPLIANCE MONITORING AND ENFORCEME!'.'T 3-1 I"ITRODUCTIO"l. Routine monitoring of project CPRs and related documents is performed to ensure the compliance of all employers with the applicable labor standards provisions. Monitoring identifies possible misunderstandings on the part of the employers, discrepancies in the record, and violations. Written monitoring reports to the principal contractor advise the contractor of the status of compliance, provide clarification where misunderstanding may exist, and advise the contractor of any additional submissions which may be required to correct discrepancies or to complete the record. This Chapter is divided into two Sections. The first deals with basic responsibilities and second with routine compliance monitoring. SECTION 1 BASIC RESPONSIBILITIES 3-2 LCA RESPONSIBILITIES. The LCA, through its Labor Standards Designee, is responsible for the administration and enforcement of labor standards provisions on HUD-assisted programs administered by the LCA. For each program and proposed project or contract the Labor Standards Designee shall: a. Determine .the specific labor standards parameters applicable to the project. b. Obtain the Davis-Bacon wage determination and labor standards contract provisions applicable to the project from the HUD Labor Relations Field staff and ensure incorporation of same in the project specifications. . c. Ensure that the wage determination is still current at bid opening or other appropriate wage determination effective date. (See also DOL Regulations 29 CFR 1.6. and HUD Handbook 1344.1.) d. Verify the eligibility of the principal contractor. e. Conduct a Preconstruction Conference to inform and instruct the contractor and subcontractors concerning their wage and reporting obligations. f. Identify and initiate requests for additional classifications and wage rates needed for the construction of the project. g. Perform timely routine monitoring reviews of CPRs and related submissions for compliance with the labor standards. 3-1 5/96 3) T ransmittalslCost Reoorts. This file contains copies of any transmittals from the contractor that accompany CPR submissions and copies of any contract payment requests, construction progress reports and trip reports furnished by construction inspectors. A fourth Lead File may be necessary where an escrow account is established at the close of the project. 4) Escrow/Disbursement File. This file contains the escrow agreement and schedule, evidence of deposit, copies of determinations of wages due and schedule of unpaid wages due, copies of locator letters, copies of vouchers for payment or refund, copies of checks (restitution and refund) and evidence of mailing and receipt (certified mail tickets and receipt cards), and copies of tax statements and transmittals for restitution payments. b. Contractor/subcontractor CPR Files. A separate file is established for each employer submitting CPR's for the project. The file bears the name of the employer and the project name and number. The file contains all CPR's, correction and supplemental CPR's submitted by the employer, HUD.II interview forms pertaining to that employer, copies of apprentice or trainee registration forms and program ratios and wage schedules, and copies of correspondence specific to that employer. SECTION 2 ROUTINE COMPLIANCE MONITORING 3-4 ROUTINE PROECT MONITORING. The LCA is responsible for conducting routine monitoring of contractor/subcontractor compliance. The two key aspects of routine monitoring include on-site interviews with laborers and mechanics employed on the project and regular reviews of project CPRs. 3-5 ON-SITE INTERVIEWS. Project inspectors, either the LCA Labor Standards Designee or other LCA inspectors, are responsible for conducting on-site interviews with laborers and mechanics and recording the information gathered on form HUD-I I, Record of Employee Jl1lervicll". HUD Labor Relations Staff are available to provide training and technical assistance, as needed, to the LCA Labor Standards Designee or other project inspectors concerning the conduct of such interviews. a. Reoresentative samole. The number of on-site interviews shall be sufficient to establish the degree of compliance and to assist in identifying the nature and extent of any violations. On-site interviews shall also be conducted to gather information from workers in various trades and from workers employed by different contractors and subcontractors. The number and ran~e of interviews 3-3 5/96 3-6 PROJECT CPR REVIEWS. The Labor Standards Designee shall monitor the labor standards performance of each principal contractor and subcontractor, including timely CPR submission and reporting requirements. All CPRs shall be submitted through the principal contractor for the project. CPRs shall be date stamped upon receipt and initialled and dated by the Labor Standards Designee upon review. Ideally, CPRs and related documents would be reviewed for each project at least monthly. Resource limitations may not permit a 3D-day review cycle. However, CPR review cycles should in no case exceed 90 days. o The frequency of CPR reviews must be sufficient to ensure compliance. Projects of shorter duration, e.g., one or tWOmonths, \\ill require more frequent reviews.. . 3-7 DOCUMENTfNG THE REVIEW. Reviews are documented by the "'Titten report to the principal contractor explaining the results of the review. The principal contractor shall be permitted 30 days \\ithin which to provide missing documentation, and correct any discrepancies or violations, including any underpayments of wages. 3-8 INITIAL PAYROLL REVIEWS. The CPR reviews for the first weeks (e.g., 4 to 5 weeks, depending on the duration of the project) each employer is performing work on the job site shall be comprehensive. These reviews may provide a pattern of satisfactory labor standards performance on the part of the employer in which case subsequent reviews may be less intensive for that employer. Initial CPR -review parameters and corrective actions required of the contractor shall include the following aspects: a. Pavrolt format. Employers are urged to use Payroll Form WH-347 which accounts for all required information aild includes the "Statement of Compliance" certification on its reverse side. Employers may utilize any other appropriate payroll form provided that it contains all of the required information and is accompanied by the Statement of Compliance Form WH-348 or a statement contairung the identical wording on the WH-348. Formal Corrections. Employers who fail to submit an appropriate payroll format or Statement of Compliance shall resubmit the payroll for each such week in an appropriate form. b. Addresses and social security numbers. Each employee's address and social security number shall be reported on the first payroll on which the employee appears. Afterward, the employer may omit this information provided that there are no other employees with the same name (so that one can be distinguished from the other) and that any change in such information is promptly reported. 3-5 5/96 f. Overtime hours worked. Weekly hours shall be reviewed to determine whether overtime hours were worked and properly compensated. Overtime Corrections. I) Where CWHSSA overtime violations occur. the contractor shall be required to pay restitution to the effected employees, and shall be notified of liability for liquidated damages. 2) Only overtime hours worked on the covered project are subject to CWHSSA compensation. Overtime hours worked at other locations (i.e., non-covered sites) are subject to Fair Labor Standards Act overtime provisions. The contractor shall be notified of any apparent FLSA violations. The Labor Standards Designee may refer the matter to the DOL for further review. g. Computations. Payroll computations (hours worked times rate of pay) and extensions (deductions, net pay) shall be spot checked to determine whether the payrolls are accurate. Infrequent minor errors may be ignored. Computation Corrections. Frequent errors shall be brought to the contractor's attention instructing the "employer to exercise greater care. Restitution shall be required where underpayments resulted from such errors. h. Deductions. Deductions shall be reviewed for any non-permissible. unauthorized or otherwise unusual activity. Deductions may only be made in accordance with DOL Regulations 29 CFR Part 3. (See also, ~2-5(Q).) Deduction Corrections. Employers shall be required to submit written authorization by any employee for deductions where such authorization is missing. Employers shall be required to explain the authority and amount for any other "unusual" deduction activity. Questions concerning the permissibility of deductions shall be referred to the HUD Labor Relations Field staff for determination. o Written employee authorization is not required for income tax and Social Security deductions. I. Frin\!e benefits. Where fringe benefits are included on the wage determination or where the employer seeks credit for fringe benefit payments, the employer shall certify as to the payment of fringe benefits on the Statement of Compliance (WH- 348 or reverse of WH-347) by marking either 4(a), that fringe benefits are paid to approved funds, plans or programs, or 4(b) that fringe benefits are paid in cash, and note any exceptions under 4(c). 3-7 5/96 3-9 CONFORMING ADDITIONAL CLASSIFrCATIONS AND WAGE RATES TO THE WAGE DETERMINATION. At the Preconstruction Conference, the Labor Standards Designee shall have reviewed the wage determination and the project description v,ith the principal contractor and other attendees, in part, for the purpose of identifying any classification5 missing from the wage decision which will be required for the construction of the project. If a needed classification is identified after the Preconstruction Conference, the principal contractor shall immediately notify the Labor Standards Designee and request a classification and wage rate appropriate for the work. (See also, 29 CFR Part 5, S5. 5(a)(1)(ii) (A).) 3-10 MINIMUM REVIEW REOUIREMENTS. If initial CPR reviews for any employer have demonstrated a consistent pattern of compliance, minimum reviews may be conducted for that employer's subsequent CPRs. Minimwn review requirements shall cover the following: a. That each CPR bears the original signature of an authorized payroll officer. b. That CPRs have been submitted for each week work was performed on the job site (e.g., that CPRs are numbered sequentially or submitted for consecutive weeks or). c. That addresses and Social Security Numbers have been provided for any employees who appear for the first time on CPRs. d. That the CPRs are complete with respect to the information required. e. That work classifications agree with the classifications contained in the wage determination. f. That the rates of pay are not less than the rates contained In the wage determination for the corresponding classifications of work. " g. That any overtime hours have been compensated properly. h. That required deductions (e.g., in'come taxes) appear reasonable and '"Other'" deductions have been authorized in \vriting by the employee. I. That the employer has indicated how fringe benefits have been paid where fringe benefits appear on the wage determination (e.g., certified on the Statement of Compliance by marking either 4(a) or (b)). J. That individual registrations have been provided for each apprentice or trainee who appears for the first time on CPRs. k. That information gathered during on-site interviews and recorded on HUD-Ils agree with the corresponding CPRs. 3-9 5/96 case); the adjustment wage rate (the difference betv..een the required wage rate and the wage rate paid); the gr05s amount of restitution due; deductions and the net amount to be paid. A properly executed Statement of Compliance shall accompany the correction CPR. 2) Emolovee silmature. Each employee who has received restitution shall sign the correction CPR as evidence of their receipt of the payment. b. Review of correction CPR. The Labor Standards Designee shall itself compute the amounts of restitution due and shall compare its computations to the correction CPR to ensure that full restitution was made. The contractor shall be notified in \\Titing of any discrepancies and shall be required to make additional payments, if needed, evidenced on a supplemental correction CPR within 30 days. c. Unfound workers. The amount of wages due to any employee who is entitled to restitution and is not paid (e.g., signature of the employee is nolon the correction CPR, or otherwise provided to the Labor Relations Stafi) shall be placed in an escrow account for unfound workers at the completion of the project. d. WithholdinQ. If the violations are not corrected \\ithin 30 days after notification to the principal contractor, the Labor Standards Designee may cause withholding from payments due to the contractor of an amount necessary to ensure the payment of restitution and,. if applicable, to cover any liquidated damages computed for overtime violations pursuant to the CWHSSA. Only the amounts necessary to meet the contractor's liability shall be withheld. e. ComoutinQ restitution for aoorentices or trainees. Where the Labor Standards Designee finds that apprentices or trainees have been employed on the project in excess of the allowable ratio, or that unregistered apprentices or trainees have been employed on the project, restitution shall be computed for the effected employees. Computations shall be made as to the wage rate(s) contained in the applicable wage decision for the type of ...ork aClually performed. \Vnere there is a question as to the proper classification of work for restitution purposes, both the employer and effected employees should be consulted. o "C' .'--;- ....... . The type of work performed by an apprentice/trainee is not necessaI'ily the target journeyman classification for which ,the apprentice or trainee was' to Teceive training.. . Bear. in mind that many first year. apprenticesltrainees are assigned to "laborer" type duties. 3-11 5/96 c. Discreoancies in wage comoutations. CPRs that reflect frequent discrepancies in wage computations, e.g., even gross wage payments (S400/week) computed from an uneven hourly wage rate ($15.67/hour), indicate that the employees may be working on a piece rate basis or at an even (S I Olhour) wage rate. Here, the falsification may involve the hours worked or the rate of pay, or both. d. Extraordinarv deductions. Unexplained or unusually high deductions may indicate that the employee is being required to kick-back a ponion of their earnings. While this would indicate willful violations, it does not necessarily indicate falsification. The information on the CPR may otherwise be accurate. The HUD Field Labor Relations staff shall be promptly informed where compliance reviews disclose possible falsification of CPRs. The HUD Labor Relations staff shall determine whether an investigation is warranted based upon its review of the information provided by the LCA. 3-13 5/96 EQUAL I I I EMPLOYMENT REGULATIONS AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS IMPLEMENTING Eh~ITIES AFFIRJoIA E ACTION COMPLIANCE GUIDELINE iP. CONSTRUCTION A~D NON-CONSTRUCTiON CONTRA~IORS th... Affl,..Cl.. AcUon ~l1.nc. CY1..un.. "... ...n ...LIft.' co provl.. t". l.,l...ntln; tnClty vlt" lnlo~tlon ,.re.1ftl". co eft. contractor'. work force. It i. the t"tent of th... I'\Ild.11".. to tn.ure that .,...1 oPllClrtuntty lor ..plo)'lleftt II pracclc.d by t". concraceor wlU\O\at r...rd co r.cl, .... color, SU, r.l!.,iOl\. .ftC.au'y. ".C 10ft. 1 orl,lft, urlt.l It.tVI, or ...ndlea,. nl.. auld.Une. proYide tft. 81n1_. lnfo~tlon n.c....ry to pr.,.r. .n Alllro1tl.. Action Pl." e".t vUl c.,ly vlt11 F...ral r.IIII.UOlI. ....rIll1IL& AUUUU" AcUon for 1I0n.Uy ...lated prOlK... In elle ...nt tb.t tII. AfUroaU" Actlon taoplianc. '1'0&1''' of tb. ~pl.-.ntllL& .ntlty .0'1'." tII... allL~" 1111..11..... tII.t prolr.. ..y lie utlUn'. Contractor..re url.O co contact tII. Alfl~tl.. Actlon Offlc.r of tbe lapleoentlnl entley f.r .,., l'I.c....ry t.ct'lnic.l 1111,e.nc. 1ft ".,.rll1& UlC11' Affl,..U.. Actlon 'l.n 11 t".y arc con.l.n1ll1 ~1"~r.1 uno.r this contr.ct. C. !a_.lono: tho foll....1nl p.roon. I .onc:.... (u oefined Dy. Cft. i.pl..,nunl ''':Uy's (Con.ra.. ~Ilanc. Officer) ."all br ....pt froe chi. ,ro.r..: 1. So Ie Sourc. 2. tatrl.ncy a.qul.1Clon. 3. Contracts ""le1l IIIv. b.en ..e."t.' by.". cOlltnctor pnor '0 Cc:okr 1. 1"1. ". CIIurell.. AII"/ COlltUctor VIIo f..lI ""a1iHad for In u_uon "'ould con.... .". Contr"t eo.pl1aDc. Offlc.r for ..rlflc...on. 1. Amaw.nVE AmOll COIfPl.UIICE PIlOClAll A. the .fll,...I.. AcC10n prolre -,.. tIIa followlnl prlnel,.I.: II. IlCIIOD rea s.r.nsnuc: A7F1K11AnVE .r.aI0Il PWI 2. Dllcr~lfta~lon ~cauae of ~.c.. color, ..', ..a, rel1.10ft. .nc..cry, aaclanal orilia, "Tical ItltUS, aT handlca".. Itatus 11 iKonsiacent riUl cbe constitution, laws, Iftd ,o11el.. .f tbe Uni..d S.I..a, S.... of CaUfo",l. .... '-'7 of San ..........1110. In Iccor.anc. Vi'" Eaacuel.. Ord.r 112"', tIIa 181'1_".'.. ...Ucy U c_lcecel CO 1IIau1'1" tIlae tba... lie DO .'IC..~lN1C1on .by ..n.on. cOller.ceon (In.ludl''l ,..of..'101lal ee1'Yi... .... .....ul..n..1. 1...01'.. 01' 1.._. 1IIo1nl .....1..... vl'" tlla _l_U.. ...Ucy. A. AlU.....tl.. Actlon '1111 fo.. ~stlI.-C::i:"< cantT&CCorl un ... Me '" OM 01 cae followllLl ..ebola: 1. '1'101' co lIe'ILI .var... "'. e_trace, eM contl'accor ault U", ...eft of eft. followlnl ,cc=c":' ."roved by ella _I_U"I .n:.:y Conerlce eo.pl1lllc. Of I IceI'. .. A .ue_. of ell. .000era....... AfU,..U.. AcUon '011C! 1ncludl.. ..tftod. of rac1'U1CiILI .1II01'1e1... .od _. If eft. ...er.cc01' .... oot II... III AfU.....U.. AcUOIl Poll..,. "'e leucllelll _.1 ...11C! lIlY lie ....,... " eft. cont...ctor. II. 1M "Caner.ce eo.pl1lnc. (luaU- f,1nI ....." f01' Con.erucuon CaIleraceor" (leUcftcel). 1. s. Con.r.c.or. required co fl1. ... Alf'raI.l.. AcUon '11ll. 1. All coner.ceo... _ .ra au_UUaa .. t'" 18PI_UIL& CIIUcy . 1Ii111 .1' .ftar 011 . COIlSnIlCrlO11 CllII%UC .... - .... '01111 .....lM.. Ul tIla _. .f SlO.ooo or ..... ViP tII. _l_U.. ..icy ta .11"/ _ fuca 1 ,..... 01' ....1.,. .... (101 01' eo... _I..,..... .... - ... ."1'..... Affl.....ti.. Actlon Pl.n Wll... a_.. ,1'10.. to eft. _. of .... concrlct. z. I..t.uace .f . CUlT8ecl, ."roved r_...l 01' S.... of Caufo...... Aff1...tl.. Aceion PIIA. 2. All conerlc.ora .... "_1'1 ....0 .... .YbOit.,nl co .... topl......1nl ....lcy . bi' or off.r on . NlIlCCIlsnucrIOIl CONtl.AC% 1ft the .....C ot ilO,UW.UO or oora. ...t ..... .. Ippr_1II Aftlra1U.. AcUon ,lan Wll... ......,e. ,r1or .. tba _1'0 of IIlC/I cOlIeract 01' .....1..... 3. CarcU'cae. of """...1 pr.~...~l- ficaulIII I..... by tile L.,I_nu"l ...tley CaIle..act Coopl1.nc. Olflc.... .. to ne.,.. -Ann...1 'r"'luaU- flca.1oD- . contr.ctor eIlIC: J. All ...Ilconerlnor. r....arl... Hnlc.. or auppU.. co "'. cDller.ce01' 111 tba _. of 510.000 .1' _1'.. _e ...... ... .ppr.... Afflra1tl.. Ace10lL ,lall ..I... u_t. IIefor. CIla aullCelleracur c_nce. _I'k. eo.pl.e. tIIa lapl_t1111 CIlUcy . Affl1'01.'" Ace,OIL "toner.ce CoopU.llC. Qulllyll1& lcporcM Vi'" ..,lO)'111ILe 1..1. for .ft. llUe "'.... ,...1'.; and .utaLe co elle Conerace eo.pll.nc. Off,c.r f01' .pprov.l ... AI flruU.. I. Aceion PoUcy lftCludl~__ "UM' .f recruit!n. _lnarltl.. Aftd wa.cn. %he contraceor 1. r,~ulred to ''''''it aft Arrl....I.. Ac.lon C.-pllanc. Plan onn~lly for oW_loqw.n. pr.~II- flcaClon. Coneraceor. de.1rtn, to ace II .",bcontr.ccorl ..y recetve .....1 preql.Yl1f1,atlOf1 ana "placlG u,.,. . 111. or .nn~lly pr.q~llfl.d IW_- contrlctof. Whicb vlll.e ...e ,vlil- ._1. _y .ft. Con.rac. C..pllanc. Orflc.r .0 prl.. contr.c.orl .0 f.clllta.. tII.lr cII01c. ol IWKon.rac.orl. Alll....lv. Action Plan For Non-Con.trwctlon Con.rac.ou .... ... ... .. follows: 1. c. Prior to ...In. a"ardad tll. con.ract, ChI cOrtcr,lCt.r ..It tuI.. the "Contrace C.-pl1anc. 011&1 Ifyln. ......r. for Hon-Coucnactton Caneraceora ..wi V.ndou" (a..acll.d), appro_ Ily CIIe lDploo.n.ln. an.l.y con.rac. c.-pI1&ac. officer. In 'ddltion. the contractor or "nOor .., .. requllcld co au_it to .ft. Con.rac. . "-!Illanc. Olllc.r addlUonal Info_uon conc."'11I& tII. coneraceor', Affl~tlve ActiOB ....Ud.. . Affl....I.. Action Plan for Subcon.rac..ra can ... ... .. foil....: 1. Prior co . .wbcon.ractor ..artlll& wart for I c..eracur. eM .uk_craccer ..... c_ply "UII Pan II, Sectl_ A ....... for con......Uon aubcontracu _ Part II, SeCtion '1 _ 101' non-c.. cruce 1_ aukancrac". ~ con.ractor 11 ...,...lbl. .. ~ tIIa. all of III. ._ontrac..r. .n 111 c.-plUllC. . 2. Con.ractoft an _lIUJ'apcl to ... .wkoneraccor. _ ba.. _ ."r__ for annll&l p.......l 11 lcau_ (11 ..d1abl.) . 1. ::::EItACf1()/; .1%11 %II! c:a.'nAa ca.Pl.LUICE "met A. %b. Contract "-!I11_ ....1_ U'" AIUIUU.. .. au_Ut.lI. Ir tIl. contractor'. AfflIUU... AcU_ Pl.D 1. .... .pprove. by ... c.tract "-!Illanc. Officer, tile c.u.ct ca.p11anc. Offlc.r .ball notll1 tile con.ractOl' of tIl. r...... '01' dl..ppr....1 of tllo plM, _ D' tile ..,I_Un. anucy'. retllllr_t. '01' _ .tc.p..Ol. plan. %bo COllu.c..r aball _ all_ ton nO) wa...lal lI&y. la ....lc1l .. 1I...&lop _ ,w_U . r..ilad AfUlUth. Action Plan for rovl_ .IICI .".....1 Ily tile Con.r.c. Coopll.nc. Olflc.r. DlUcor ..Ul AcU_ Pnar- I. A,p.al PToc.4ur.. 1. A contractor Who ba. 'U~ltt.4 . ,~olr.. Which 1. ftot .p,ro.ed by Ute Coner.C'1t Co.pl1.ftCI Of!1c.r .., .",..1 that Olt'r"IIln.tlOft to th, I.pl...n.ln. .ntlty'. 1..I.II.lv. boay .lIr.....,. .ft.lr Ad.lnu....... OHlc... All IPp..h .ftlll ... In ""tuna. 11",.d tty thl perlon .PP..Una or that pe'lOft'J authorlz.d r.pr.sent.tlve ana '''al1 .. fll.d "l.ft tII. Con.:lct Capll.ne. Off1cor "1.1l1n ..n (~O) ....rk.n. day. af..r r...lvln. Dotl.. or d I..ppr...al. 2. 111. ."..1 .11011111 upllln .11. r...on ""Y tllo ..tion ol :11. Contr.c: CoapIUne. Offlt.r .1I....ld DO. II.... ....D .akon. FaUur. of ehe coneractor co .,,..1 Wlthin cn (10) ......In. lI&y. of nouc. of dl.."r...a1 1lla11 .... tII. action ta&oD Ily :1Io Contrac. Coaplll... OrElcer final. c. On-.l.. vl.lta ..,. Do condllC:ad CO ...rif, tll. .ccuracy of tllo contr.c:DI'" AfflruU... AcUon 'taU'Ucal Uto. In alIlIlUOII, COller.ttor. Wl.11 ... r-.alnd tD _tat. ontrl..' on CIl.lr ,..,roll npor.:. Wl.tIl tIlo 1011...1111 COlI... A. lo1IU. enot .f .1.,....lc orl.1a): All por.... b&Yll11 orllW' In '''l' ol tIlo orllWI poopl.. of Europ., lIortll Alrlca, tile "ll1dl. Ea.., 01' tile 1D41oft allbcat'-at. I. Ilack eaot of .iI,..lc orlll11): All por_ bav1lll orl11u lD any of tile Olack racUI Ir...... c. .1.,..ie: All per_. of Ilia1co, ....r.. I1U11, Culln,. Contr.1 or Soutll _rican, 01' otllor SPOl\UII cul...... 01' 01'11111, "prill... of I'aca. D. 1011011 01' Pacilie Jal.n..r.. All po..... ....11\1 Drllla. lD .ny Df :110 Far Eaae, Seutllw.t A.U or tft. P.ciflc Jal_.. DIU .r.. I.IIcl_., '01' gapla, Qllna, .,.., Ioru, tile P11111"lno 1&1_ _ S-. E. _rlC&1l lad1la or AI..kan IIaU...: All por.... ba.lIIl ortllu la any of tile OI'll1ul peopl.. 01 IIortll _rica. ". IIA1.E DlPUIm r. FIIWZ DII'l.D'lEE .. 1WlD1CAPI'ED D1P1.O'lEE ,. YlEtlWI-W YErIIA/l DtnHnICIlS 1: "local 1.1.., .......t" ..I,.,. ct.. I"CUe SI,., lern.rdlftO. 11..rll01, Ontario l.~r ura't. CStan..ra KetropollUn 5t.tl.tlo.1 Ar..). \;,,1... . 'lfN1rl.. ..f'...., II p,...1I1"" of cerealn _rk. foil....' . cGfttracc oCblrw1.. .114 pIlr.... ....11 'e J. "'lftOf1.UI,t1 ...nl .ntt.r. ot cJIl follow1n& ,..1.1 or .tllnl. &rou,.: .I..k (not of HI'p.nl. orl,ln); Hllp.n,.; Alt." or 'lclUc hllftGlr; Mlrlce In.1AD or Al.Skl" natl.l. A. "Atu...u... ","U"". 1. . ....1..... .n lner.... thl ftua-" of .....,. of proclcced .1..... In .11. wo,k. for.. 'y ,..Un& .plol_n. ....1' .n. U..ubl.., Incluoln, .cCleft pro"... to ICft".. object'... tll'....." ..fo", of .11. .y...... AfU...Un .Ct10ft ...It, to en.ur. talC. di.lcr181McJ.GII I' .IIOl~'.' to .11 ...11n., Vltt. ..,Ioy... or .ppll""U fo, uployoon. .......110' .... .1..rlolnetlOft 1. In.oo.lon.1 0' unlnt....ll1ft11. In .ddUlon, AfU...u... A.Uon ...k. '0 i8P'o... jo' ...ndA,.. an' prlOu.Clvl., throu'" .11. ..oOYal of .nIU.l.1 .114 _....." '."1.,. '0 .oplo_nt .n. p,_uon .n. .n.,," th.. .11 job ..uon. ... ..I.... '0 jO' pe,forunc. ....ur... k. "NOftC...u''Uctlon Contrlct" ....,,, any contrlct "'i.C" dOl. not f~ll "u:IUft cb. ..flnl:lon of "Con.......I"" Con.r...". L. "Offlco," ...n. Ul. Con..... CoopUanco Offl..r of .bI loplooontln, .n.l.y. K. "Por..." ...n. .n7 In.lvl'""I. fiN, .0.panne,1lI1p, pllllU. .orvI... jol.. ".tun, I..acl.tln, loct.l l;hala, f'......l O,,101...1on. COrpo?~I", e.t.ce, cruat rlcll..r, ',"4tc,cI ctcy, eouoty. ounl.lpal eorpo,..lon. "'.,lc. or oelll? po1Hl"1 ."Mlvl.lon, or ., 0.11., .roup ., C_lllAuon acUftI .. . ....10. s. .....Ich .f ..- - tho In ""'"royed hoar..... .n dao.. eon.,... Cooptl.nc. Off 1.. lopl_un, .nUty bav. eoopll.n.. vt.h Chi. p,o,r... C. "'Con.t.1'1Ictlen CoIltracc" "In. I c.c:,.cc .....le1l con. '0' tho .......,.cu... rehlbl11c.tlGft, alcer.tl_, canver.1aft. ......Ion. ....11.1.. or ,opalr of '"ll'ln,.. bl,II~Y' ., o~lI.r .bAn... or .."oy.ocnta p,OY..I., "cl11.y ..rrl.... D. "Con.r..... ..... . JIIInllo.. o,lIor. .Uer .... ACel'unc.. 1..... ..r.-ac or OCMr ."..._n. cruuo. _ .'U..UOft co ....lcb .110 1.,1_'10' nuey 10 . party. ....lcll _1' uU _ of Ch. perU.. vtthill tile ..f101.1_ . c..et..'or. Il. ............ Cl.... ...n. clio.. &rOUP' of 10.101...1. .ove... .r p'o...... ....... .1I.r1O.neu_ 'Y tIl. v.u...... '.....1 .... S:ee. o1..U ,l&llcs 1.v. .. .w 10 ."1....... or .. .. 1Io......r _.. 'Y rollor.. ., SCOI. 1.... O. "$01. Sou,... ..... . con.,... In ""leIa .110 ....lop1_U.. IOU', pa,e, 11 tn . 1101" ...101.. '0 f"UU1 tho top1_elq auell'. no.... .. ......_ 'Y CIlo Coner..c COOph..... Ofl1cer. .feor cooo...,..lon of pr..clcal .1t.....l... P. "$,,_.,..""'..... ally pe,...r.... ....... vtell ay con....cor ""0 .... . .....,... vtCll tIIo lopl_un. enclty co furaUII .",,11... ...... or ..ni.c.. CO .1ICIl ._.r..co,. E. "C.....ctO," ...... .n pe.... U.c1l1Olq ,.n.'.1 ."".,.ctor. .... p'~ c_cr..con) ....0 p"",ll1o. 0' .U.r co "",,1.. co tile i8P1...nunc .n.tey. I... or ..rrlc.. 01 .ny kino or ~ypo ,..,...... co . .....CNCU.. con.r... vtell .110 C-ey. "l.,I...nU.& Eau.,.. ..... ,,*U. j",t..I.tl. vbo 10 ...1.1...,1.. tile contl"cc. Q. '"C_~Ut..u........ ""vtn, f.wr O~lU.. or _ In . parue"I., '0' c1...1Ucou. CIlao _1. '.......'1' M upoce" 'Y _U ....U.'1Uey. I. vt.caa-lr. ....,... .... . pers. _. 1. Sorrod. ..eul ...ey fo, . pertod of 80ft _ 110 dAY'. ..., pa" .f "1cll occurnd Mcwen Aq\IIt S. 1..... .... IIoy 7. InS. .no .... 'l.cIla,... or r.l..... .b.r.f,.. vtell .eIle, CIlao . .UIl_,.,.. dI.....,..' or 2. ~. 'lacba,fOO 0' '.1..... frea ...1.. ...ey lor . ..rrle............ 't"'IUey U ..., pare .( ...eIl "U... ...., ... pe,fo,..' Ill....... ........ S, 1..... .114 III, 7. 1975. s. ~....... '_1. MOlle,. .f r..1a1 .." 'ClInI. lI1ooU., .... ..-lllOFley azoufa . - F. c. "!8p1oy... ..... _ _ port_ wrk (0' c..........l.. or . po". vbo 1. pe...nencl' .r '....1.'1' ..,loyoll 'Y tile cDftcr.cc,er 01' auk_craccG1'. H. "Ilan.lco"... S.aeu. ..... .., plrs. ..... , 1. .... ",,.11..1 or _col Sopal.... ""leIa .1Ill....U.I1,. Ualu _ or ..,. of llICIl po,..... ..J.r llf. ..UVU1... 2. .... ,...,. .f .1IClI lapal_. or, ). 11 ....,.U, ........ .. .....lq .uell .n I.,........ EQUAL OPPORTUNITY REQUIREMENTS 1. Contr.ctor .gree. to fully comply vith the lava and program. (including regulation. is.ued pur.u.nt theretol vhich are li.ted folloving thi. par.graph. Such compli.nce i. required to the extent .uch lav., program. .nd their regul.tion. are. by their own term., applic.ble to thi. contract. Contr.ctor v.rr.nt. th.t he vill aake him.elf thoroulhly f..ili.r vith the .pplic.bl. provi.ion. of ..id l.v., progra.., .nd relul.tion. prior to c~encing performanc. of the contr.ct. Copi.. of ..id 1av.. prolr.... .nd relul.tion. are .v.ilabl. upon r.qu..t from the i.pl.m.ntinl .ntity'. Contract Compliance Offic.r. To the extent applic.ble. the provi.ion. of ..id 1.v.. prolr... and rerul.tioa. .re dee..d to be . p.rt of this contract .. if fully ..t forth hereia. 2. Vi.tnam Era Veter.n.' Re.dju.tment A..i.t.nce Act. of 1972 .nd 1914, .. ...nd.d. Pub. L. 92-540, Tit1. V, S.c. 503 (al. Publ. L. 9~-508. Title IV. Sec. 402 (38 USCA 2011-2013). 3. Reh.bilitation Act of 1973, .. aaand.d (H.ndicapped) Pub. L.. 93-112 a. amend.d. (29 USCA 701-794). 4. C.lifornia F.ir Employment Pr.ctic. Act. Labor Cod. S.ca. 1410 .t ..q. 5. Civil Kilht. Act of 1964, I' amead.d (42 USCA 2000. to 2000B-6) lad Ex.cutiv. Ord.r Ro. 11246, S.ptember 24, 1965, I' amead.d. 6. Th. Contractor vill iaclud. th. prOYi.ion. of Equal Eaplo,aeat OpportU1l1ty (nOl - b.cuth. Order (EO) 112106 I' _lIdd by- EO lf375 in .v.ry .ubcOlltrlct or parcba.. ord.r anl... .x..pt.d by ru1.., relu1.tioa. or ord.r. of th. S.cr.t.ry of Labor i..u.d pur.uaat to S.ction 204 of Ex.cutl.. Ord.r 11246 of S.pt....r 24, 19.5, I' ...nd.d .0 that .uch provi.lon. vill be billdinl upon .Ich .ubcontr.ctor or v.ndor. Th. Contr.ctor v1l1 tlk. .uch Iction vith r..,.ct to Iny aubcontr.ct or parclla.. ord.r I' the coatrlctlal II.acy ..y dir.ct I' . _an. of .aforclal .uch prOY1aion., lac1udial uaction. for nonc_pli.nc.. Provid.d. 1I_.r, tllat ia th. ...at the Contrlctor b.come. involved in. or i. thr..t.ned vith, litilatlon vitll I .ubcontractor or v.nd.r a. a r..ult of .uch dir.ctlon by tll. contr.ctinl alency, tbe Contractor ..y r.que.t th. Unit.d State. to ent.r into .uch 1itilltioa to prot.ct th. iat.r..t. of the Uait.d Stat... Th. Ipplic.at furth.r alra.. thlt it vill be bound by tll. IbOY. .quIl opportunity claul. vith r..pect to itl ova employment prlctic.1 vhell it participat.. in f.derllly 1.li.t.d con.tractiOll vork. Provid.d. thlt if th. Ipplicant '0 participatial i. I Stlt. or locIl lov.raalat, th. .bov. .qul1 opportunity clau.. i. not applicabl. to aay al.acy, in.truaeat.lity or .ubdivi.iOll of luch lov.raalat vIIicb doe. aot p.rticipat. in vork 011 or uad.r th. coatract. EQUAL OPPORTUNITY REQUI&EKENTS Pele 2 of 2 6. (Cont'd) The epplicant aerees that it viII assist and cooperate ectively vith the a4aini.terina eaency end the Secretery of Lebar in obtainina the co.plience of cant rectors end subcontractor. vith the equal opportunity clause and the rule., reluletion., and relevent orders of the Secretary of Labor, that it viII furnish the ed.inisterina aaency end the Secretary of Lebar in obteinine the co.pliance of contractors end subcontractors vith the equel opportunity cleu.e end the rules, reeulatiOns. and relevent orders of the Secretary of Lebar, that it vill furnish the ad.inisterine aeeney and the Secretary of labor such info~tion as they ..y require for the supervision of such co.pliance, and that it viII otherwise assist the ad.inisterine alency in the discharae of the a.ency'. priaary responsibility for securine coapliance. The applicant further aeree. that it vill refrain froa enterine into any contract or contract .odification subject to l.ecutive Order 11246 of Septe.ber 24, 1965, as a.ended vith a contractor deberred fro.. or who has not deaonstrated elieibility for Goveraaent contracts and federally assisted construction contracts pursulBt to the l.ecutive Order and vill carry out such sanctions and penalties for violation of the equal opportunity clause as ..y be i.,osed upon contractors and subcontractors by the adainisterine alency Or the Secretary of Lebar pursuant to Part II, Subpart D of the l.ecutiva Order. In addition. tha applicant alrees that if it fails Or refuseS to coaply with the.e undertakinas. the adainisterinl alency aay take any ar all of the follovinl action.. Cancel, tera~nate, or .uspend 1n whole or 1n part this Irant (contract, loan, 1n.urance, suerantee>, refra1n froa e.tendinl any further, assistance to the applicant under the prolr.. vith respect to vhich the failure or refund occurred Ufttil satisfactory assurances of future coap11ance has been receJved froa .uch !1plicant. and refer the case to the Depart..nt of Juatice for appropriate lelal proceedinls. - In addition to the above, Contractor vill furniah all 1nforaation and reports required by l.ecutive Order lo. 11246 of Septe.ber 24, 1965, as ...nded to the i.pl...ntinl entity's Contract Coapliance Office. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAII EI.A Thi. clau.e i. in.erted pur.uant to Executive Order 11701 of January 24, 1973 and the Vietnam Era Veteran. Readju.t.ent A..i.tance Act. of 1972 and 1974 (P.L. 92-S40, 93-S01), and i. applicable pur.uant to 41 CFR Sec. 60-2S0. (1) The Contractor viII not di.criainate alain.t any e.ployee or applicant for eaployment becau.e he or .he i. a di.abled veteran or veteran of the Vietnam Era in relard to any po.ition for which the e.ployee or applicant for e.ployment i. qualified. The Contractor alree. to take affirmative action to eaploy, advance in e.ployment and othervi.e treat qualified di.abled veteran. and veteran. of the Vietn.. Era vithout di.criain.tion ba.ed upon their di.ability or veteran. .tatu. in all e.,loyaent practice. .uch a. the followinl' e.ployment, up,radin" demotion or tran.fer, recruit_nt, advertJ.inl, layoff or teraination, rate. of payor other foraa of compan.atiOD, and .election for trainin" includinl apprentice.hip. . (2) The Contractor alree. that all .uitable eaplOymeDt opanlnl' of the Contr.ctor which exi.t at the ttae of the e.ecutlOD of thl. cODtract and tho.e whlch occur durlnl the perforaance of thl. contract, includlnl tho.e not lenerated by thl. cODtract and lncludlnl tho.e occurrinl at an e.tabll.hment of the Contractor other. than the ODe vhereln the cODtract i. belnl performed but e.clndlnl tho.e of lndependent operated corporate affillate., ahall be 11.ted at an appropriate local offlce of the State'eaployaent .ervlce .,.t.. wherein the opanin, occur.. The Contractor furtber alree. to provide .uch report. to .uch local offlce relardinl ..ployment _ openinll aDd hlrel a. ..y be requlred... (3) Lht1nl of eaployment openlnll rith the eaployment ..rvlce Iyat.. purluant to thl1 clau.e .hall be ..de at lea.t cODcurrently vlth the u.e of any other recruit_nt .ource or effort &1Id .hall involve the noraal oblllationl Which attach to the placinl of a bona fide Job order, lDcludln, the acceptaace of referral. of veteraDI cad nonveteranl. The 11.tllll of eaployaent openinll doe. DOt require the hiriDI of aay particular job appliccat or fraa &11' particular aroup of Job appUcaata, aad IlOthinl herelD 11 iDtelldad to reUeve the Contractor frea aay requireaent. in E.ecutive Order. or relulatiOD' relardinl nondi.criaination in ..ployment. (4) The reportl required by paralrapb (2) of thl. cl... .hall inclUde, but not be llaitad to, parlodlc reporta which .hall be fUed at lea.t quarterly vith the appropriate local office or, where the Contractor ha. acre than one hlrina location in a State, vith the centrd office of that Stata eaployaent ..nice. Such reports .hall indicate for each hirinl 10catiOlk :a) the nuaber of lndividuall hired durinl the reportinl period, (b) tbe nuaber of nondi.abled veteran. of the Vietna. Era hlred, (c) the number of dl.abled veteran. of the Vletna. Era hired, and (d) the total nuaber of "llabld . veteran. hired. The report. .hall include covered veteran. hired for AFFIRMATIVE ACTION FOR DISAILED vrTEJAHS Pale 2 of 3 (4) (Cont'd) on-the-job trainin& under 38 USC Sec. 1787. The Contractor .ha11 .ub.it . report within thirty (30) day. after the end of each reportinl period wherein any perfo~nce i. .ade on this contract identlfyinl data for each hirinl location. The Contractor .hall ..intain at each hirin& location, copiel of the report I .ub.icted until the expiration of one year after final payaenc under che contract, durinl which ti.e the.e reportl and relaced docuaenCation .hall be ..de available, upon reque.t, for exa.ination by any authorized repre.entative. of the contractinl officer or of the Secretary of Labor. DocU8entacion would include per.onnel record. relpectinl job openinll, recruitalnc .nd place..nt. (5) Vbenever the Contractor becoae. contractu.lly bound to the li.tinl provilionl of thil clau.e, it .hall advi.e the ..plora-nt .ervice 'Ylce. in each State where ic has e.tabli.baent. of the .... .nd locacion of e.ch hirinl loc.tion in the St.te. AI lonl .. thl Contractor il contractu.lly bound to the.e provi.ion. and h.. .0 advi.ed the State .y.ce., there i. no need to advi.e the St.te 'Ylt.. of .ub.equent contr.ct.. The Contractor ..y .dvi.e the Stat. 'Ylt.. whan it il DO lon.er bound by this contract clau.e. (6) Thi. clau.e doel Dot. .pply to the li.tin. of ..,lo,aeDt open in.. which occur .nd .re filled out. ide of the 50 Stat.e, the Di.trict of Coluabia, Puerto lico, Cu.. .Dd the Vir.iD I.len... (7) The provi.ion. of para.raph. (2), (3), (4) an. (5) of this cl.u.. . do Dot .pply to open in.. which the Contractor propo... to fill fro. withiD hi. ova or,lDi&ation or to fill pur.uant to a cu.toaary end traditional _ployer - aiOll hlriD, anan'_Dt. Thh .xclu.lon doe. not .pply to . particular openiD, OIlce an ..,lay.r d.cid.. to con.ider .pplicant. out. i.. of hi. ova orlani&atiOll or ..,loy.r _ union arranle..Dt for that openial. (8) AI u..d in thl. cl..... e.) "All .uit.ble ..,loyaeat opeDin..- iaclud... b.t i. Dot ItDited to. opell1DI' vIlich occur in the fOllovin. job c.t..ori... . production .nd nonpro.uction; pl.nt an. offic.; l.bor.r. .D. ..cunics; .upervhory .nd Don.uperdlOry; t.chllical; a. e.ecuci.., ad.iDi.tr.ti.. and profe..ional opeDiDI' .. .re coapeD.aced on a .al.ry b..i. of Ie.. than '25.000 per ye.r. This ten! iDclude. full-tLM ..,lo,aent. teapor.ry e.plDyMDt of aore than three (3) d.y. duratiOll. and part-tLM ..,lDyMnt. It .0.. DOC inclu.e opeDiDII which the Contractor prOpoI.I to fill froa within hi. own orlania.tiOll or to fill purluaDt to a cUlt_ry .D. tra.iUClIl&l ..,layer - aiOll hiriDI .rraDI.alDt Dor opeDinl1 in a ..uc.tiClll&l inltitutiOll vIlich are re.trict.. to .cudentl of that iDIUtuUOIl. 1In.er the aolt coapelliq clrc~taDcel aD ..,IDyMDt openiq ..y DOt be luitabl. for liltiDI. iDClu.iDI luch .ituationl where the D.... of Coveraaeat caDnoc re"onably be othervh. AppU.d. vile" U.Unl _ld be contrary to lIat10nal ..curlty. or vIl." the rell1li~nt of U.Unl would otherwile DOt he for the b.lt interelt of the Covernaent. I AFTIIl!IATIV! ACTION FOR DISAILED VETERANS Pal. 3 of 3 (8) (Cont'd) (b) "Approprlat. offlce of the Stat. ..plo,..nt ..rvlc. .yat..... ..an. the local offlc. of the F.d.ral - Stat. natlonal .y.t.. of publlc e..ployaeat offlce. Wlth a..llaed re.pon.lblllty for .ervlnl the area where the e.ployaeat opealnl 1. to be fllled, lncludlnl the Dl.trict of Coluabla, Cua., Pu.rto llco aad the Vlrlla hland.. (c) "o,.alal' which the Contractor propo... to flU froa with ill hh own orlaaUaUon" ..an. e.ployaellt openilll' for which 110 con.ideratioa wlll be liv.a to per.oll. out.id. the COIItractor'. orlaalzatloa (includilll any affiliate., .ub.idiarie. alld the parellt c..-panie.) alld include. lilY opellilll' whicb tbe COIItractor propo.e. to fill fr... replarly ..tabli.b.d "recall" li.t.. (d) "OpeDinl' which the Contractor propo.e. to fill pur.uallt to a cu.t....ry aad traditiOllll ..ployer - union birilll arrallle..at" ..aa. eaployaent opeaial' whicb tbe Contractor propo... to fill froa UII10ll haU., whlch i. pert of the cu.t....ry alld tradiUonal hlrinl relatioa.hip whicb esi.t. betveell the COlltractor alld repr...atative. of hi. eaplo'.... (,) Th. COIItractor alr.e. to c..-ply witb tbe rul.., reaulaciOll' and r.levallt order. of thl Secretary of tabor i..ued pur.uaat to tbe Act. (10) 111 tbe ....t of the Contractor'. lIonc..-pllallce vltb tbe requireaeBt. of tbi. clav.e, act 1011. for 1I000coaplllllce ..y be tak.. 111 accordallce vith thl rule., replaUOII' a'" nl....t ord.r. of tbe Secretary 'of tabor lalued pur.aallt to the Act. (11) The COIItractor alre.. to po.t 111 con.plcuOll. place., a.allable to ..ploy.e. and appllcUltl for ..,loYMllt, lIoUce. 111 a fora to be prllcribed by tbe Dlrector, provlded by or tbroup tile cOlltracUll1 offlcer. Sucb DOtlc.1 ehall etate tile Contractor'l oblllatlon UIIder the law to take afflf81U" acUon to ..,loy ..d ad...ce 111 ..,loyaeat quallfled dllabl.d ..tel'''' ... ..ter... of the Vleta.. Era for ..,lor-at '. ..d the rllbtl of appllc..tI ..d ..,loyeel. (12) The Contractor rill 1I0Ufy .acb labor 11111011 or npree..taU.. of vark.r. vlth whlch lt bal a collectl.. baraalnllll alreeaeBt or otber contract aaderltandllll, that the Contractor 11 bound by tbe t.ra. of tbe Vletnaa Era V.t.ranl' "adjult...t "Illtance Act, and 11 c..-ltted to take afflf81tl.. actlOll to ..,loy and ad.U1c. 111 ..,lor-at quallfied dlaabled ..tn..1 alld ..teran. of the Vletnaa Ira. . (13) The Contractor vlll lnclade tbe ,!'OW1I10llI of tbll clavle ill e.ery .ubcOlltract or purcbale order of $10,000 or aare unl.11 es..,ted by rul.., nplaUOIII or orderl of the hcntary illued purluUlt to tbe Act, 10 that .ucb ,rOY1I10llI rill be billdllll vJIOII eacb IIIbcOlltractor or .eador. The COIItractor vlll take lacb actlOll vltb relpact 'to U1Y .ubcOlltract or purcbale order al tb. Dlrector of tile Office of Federll Contract Coapll&ftc. Prolr... ..y dlrect to .aforce IlIcb ,!'OWlllonl, lllcludinl actlon for 1I000coapllaace. ATFtlMA'!!VE ACTION TOil HANDICAPPED WOIJ:!IlS Thi. clauae i. ina.rted purauane to the lI.habilitation Act of 1973 (P.L. 93-112) and 41 CFII Sec. 60-741-4. (1) The Contractor will not di.cri.inate alain.t any e.ploye. or applicant for e.ployaent becauae of phy.ical or ..ntal handicap in relard to any po. it ion for which the e.ployee or applicant for e.ployaent i. qualified. The Contractor acree. to take affiraat!ve action to e.ploy, advance in e.ployaent and othervi.e treat qualified handicapped individual. without di.cri.ination ba.ed upon their phy.ical or .ental handicap in all e.ployaent practice. .uch a. the followinc' e.ployaent, uPlradinl, deaotion or tran.fer, recruitaent, adverti.inc, layoff or teraination, rate. of payor other fOral of coapenaation. and .election for traininl, includinc apprentice.hip. (2) The Contractor alree. to caaply with the rule., recu~ation. .nd relev.nt order. of the Secret.ry of ~bor i.eued pur.uant to tb. Act. (3) In the event of the Contr.ctor'. noncaapli.nce with the requjre- ..nt. of thi. cl.u.e, .ction. for noncoapU.nce .y M t.ken in accordance with the rul.., reculation. and rel.vant ord.r. of tbe Secretary of Labor i..ued pur.uant to the Act. (4) The Contractor acr... to po.t in con.picuou. pl.c... .v.il.bl. to e.ploy... and applicant. for ..ployaent. notic.. in a fora to .M pre.cribed by the Director. provid.d b, or throulh the contr.ctinl offic.r. Such notic.. .ball .tat. the Contr.ctor'. oblilation aad.r _the la" to take affiraati.. .ction to ~loy ... advanc. in ..,loyaent qualifi.d handicapped ..,10'... an. applicant. for ..,loyaaat. aDd the rilht. of applicant. and ..,10'.... (5) The Contractor v111 BOUf, ..ch l.bor union or npre..nt.tive of work.r. with which it ba. . coll.cti.. barlainina .sr.....t or oth.r contract und.r.tandial. that the Contractor i. boun. b, tbe t.raa of S.ction 503 of the ..habilit.tion Act of 19'3. an. i. coaaitt.. to take affiraati.. action to ..,loy an. ..vanc. 111 ..,loyaent ,b,.ic.ll, .nd ..nt.ll, han.icappe. indivi.ual.. (6) Th. Contractor vill inclu.e the provi.ion. of thi. cl.u.. in .very .ubcontract or purcba.e ord.r of 12.500.00 or _n unl... ....,t.. b, rul... reculation. or or..r. of the secret.ry i..u.. pur.u.nt to Section 503 of the Act. .0 tbat .uch provilion. vill M bill.iac upon .ach Subcontractor or veDdor. Tbe Contr.ctor vill t.k. IUch .ction with r..pect to Ifty .ubcontract or purcba.. or..r .. the Director ofthe Office of 'ed.ral Contr.ct Coapli.ac. Prolr... ., direct to .aforc. .ucb prowi.ion.. iacludial .ction for DDDcaapllanc.. I V BONDING AND INSURANCE REQUIREMENTS (CONTAINED IN SECTION 1 - -DOCUMENTS-) :~~RCIAL ASSOCIATES INS, INC . 26 E:AS:' LA PALMA AVE ':.';'H~IM, CA 92B07 714) 524-4949 FAX: 524-4940 . ~lui.t~~uSEtt.-,~NSiJMNeSr' t.'~:-- --....n--..,. .. . ..... '. .. ~~ 22 95 eta. TliIS CElITlFICATe IS ISSUED AS A MATnR OF INFORMATlOOl . ONLY AND CONFERS NO RIGIn'S UPON THE CERTIFICATe HOLDER. nlls CERTIFICATe DOES NOT AMEND. EXnND DR ALTeR THE COVEllAGE AFFORDED BY TliE POUCIES BElOW. COMPANIES AFFORDING COV!:RAGE CO"'~1tH'r A CNA-TRANSCONTI~~NTAL ~ 0 IPS SERVICES, INC. P.O. BOX ~0458 SAN BERNARDINO, CA. CQw"'.urr B CNA-VALLEY FORGE 92423-0458 CO""A.JrN C CHUBB GROUP - FEDERAL INSURANCE ~Cil UAoIn.n'T I "'H".t.\lTC COM''''''' D , ~~.~~~~~~~~~,.;-&tt~~~~-";;:~~nq:~~~i::r%fi~lliZ@2F;~'t~~,t~$bi,~~~.;<;' 'IS IS TO CERTIFY niAT niE POUCIES OF ...SUOlAHCE USTED BEl.OW HAVE BEEN ISSUED TO OtCATED. NOTWITHST....DING /4N'f RfOUIREME.'lT. TERM OR CONOITlON OF ANY COHTIV. _cATlFICATE MAY IE ISSUED OR MAY PERTAIN. T'HE lN$URA.NCE AFFORDED BY THE ~u EXCt.USIONS....O CONDmONS OF SUe>< POUCIES. UMrrs SHOWN ...... HAVE BEEN RfOUC TYPl 0' 1II:IVa. NCI POUC'f IlIUM..... ...... lIlHIlW. AGGIllGA" .2 000 000 "RQDUC'n: . CQM,.",,. AOG .1 000 000 Il'UlSONA.L . Al1Y KA.IIY .1 000 000 lAc.. 0CCUIlMNC1 .1 000 000 ,.q DAMAGE""'" ..... . 50 000 lollED IX" ""'" .. ....v 5 000 COMISNCl SlNGU \.IMIT .~ 000 000 IOOILY ~ ....- IODtf.,'l"1H.IUftT ,. ....- "'O'Dn"'r DAMAGE I. ! AIJTC ONL" . IA ACCZCDIT I. I OTWP TkAN AIIT'D ON!..y; I. lAC'" ACCIOIH'T I . AGGtIllGA ~E 1 . I lACI"I cC:V"lIl:INel .3 000 000 10/01/96 -.... .3 000 000 S.I.R. . 10 000 STAT\ITOII"I'U.IfTS ~::~".,+: ',.. .. IAO< ""_ . DlSlASl. ~UCY UN", , 0lS1AI1 . lAC'" fM"'-OTII . I ..............,.., ~"""""_-"'UAI&ITY . ClANS..- 00 00.... ...~ .........._CTOO"S_T 1022a75769 n I lJTO..OUULIA&ILJT"Y U ANY AlIT. o '";J AU. OWNED AlJTOS : ! SCMfD\A.EI AlJT'OS : Xl..... .lIT.. 103692 9 ~3 7 fXi fltCNoOWNrD ...VTOS ~1 '1 -:'::lSSuua.n"r i UMIltIU.A '0"""' ~ 1 oncp TM.ul UWMIU,A JOIW " WOUIRS COMJI'UCI.&11OfII MfO . 4P\.O"IM" UAAIT'Y I , tl ""...uno", I ,...nNllltIJIXle\nNI OJ",,"tCIItS .....1: ~ '"HU ...... -. DRIVEWAY & IRRIGATION SYSTEM FOR BUILDING 520 ~ :JRM~R NORTON AIR FO BAS~-SPEC. #9321. THE CITY OF SAN BERNARDINO NAMED ; ITIONAL INSURED RE: GEN.:.RAL LIAB. - ENDT. ATTACHED. .. . ... .' :t.~..r.JCA ~~:-.~Q~~~i447i'$~;:1..,*:r#}~~tftr~tL_ .':)'-!-:'*;~-::::'~~:tE;.':::1(:!;.~~~~!A'T!C1...~~:~i~l;:0~jit~::f::~{:J~:~%:i:litldit4.-1'{~~~$~&~J;4.&::,~;~::i.:~~. SHOULD AIt'f 0' TKI &aOV1 DIIC_ED flOUCIU I' CAIIC8.LID ..,OQ "'. IX_,- 0... no...... no. ..au... COMP_ -. ",,",vp'" f. ..... !.l.Q DATS wtttnlN "OTICI TO TMI. CI"''''CATI MO~IA NAMID TO TMlI.U'T. / /f4 ;~i<iAA/~.!j:~;'''-;.rIr/.;.w.PI.p;f/r/ti;.J.#r/ol<#<;,,.MIr THE 300 SAN CITY OF SAN BE~~;~DINO ~ORTH "0" STREE7 BERNk~INO, CA S~41B-000l AUTMOCID err.&: . tiiiiti.25:$i3/':n7?F71.+..tj..",nh,,:L\;,"*.~..';;j(i$'i,W?;;Wb\'.~2Y-'11}ia'''S@[:7''iirk,,~f#j;;,:~'\~~C08POiiAnoN.\a: I /' ~ -. -M GEIEIl.Il.LI/IUIY ~ IlMEl HIIBl: . - - PCU:Y~~ T lHlS ENOORSEMe-rr CHANGES lHE POUCY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) . ThIs endorsement mod1fles Insurance provided under the Collaw1ng: COMMERCIAL GENERAL LIABILl'IY COVERAGE PARI' - OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINr:EIlING .~ 300 NOIlTH "D" STREET SAN BERNARDINO, CA 92418-0001 6& lIC DO may appears above. mformaUcn required to complete thls endorsement wll1 be shewn In the Dec1aratllms as appUcable to this endorser:nent.) WHO IS AN INSURED lSecllcm m 15 amended to Include as an msured the ~ or organlzaUon shown lD the Schedule. but only wUh respect to 1Iab111ty lII1sIJlg out of "your work" Cor that tns=d by or Cor Y01.: f}1J~ '_.J ~~, t:I ACltrhl''.r'': t.c( J-~ pt'p,).~ J L ~J. J"".r . CG20 10 1185 ,1'0 ~.y /I'" i o/{7 ~7 ",1'1 A IT"" ( l(&(~o"foVA- /I/~ d Authorized Representative for eNA Inscrance Group Golden Easle !nsurrnce Company ~ i , v SOPPLEMENTAL GENERAL CONDITIONS INDEX TO SUPPLEMENTAL GE!\'ERAL CO:t\TIIT!ONS SUBJECT ARTICLE SUPPLEMENTS ENUMERATIONS OF PLANS, SPECIFICATIONS AND ADDENDA 2 STATED ALLOWANCES 3 SPECIAL HAZARDS 4 PUBLIC LIABILITY, VEHICLE LIABILITY AND PROPERTY DAMAGE INSURANCE 5 BUILDER'S RlSK INSURA.l"..JCE 6 SCHEDULE OF PERMIT FEES 7 ENERGY POLICY AND CONSERVATION ACT 8 COPIES OF DOCUMENTS FURNISHED TO THE CONTRACTOR 9 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL 10 ACCESS TO CONTRACTOR'S RECORDS II SLl'PLEME"ITAl. GENERAl. CO!\1)ITIO~S .-\RTICLE I: SL'PPLE:vfE~TS The following supplements modify, change, delete from or add to the "General Conditions". v,'here any anicle of the General Conditions is modified or any paragraph, subparagraph, or clause thereof is modified or deleted by these supplements, the unaltered provision of that anicle, paragraph, subparagraph, or clause shall remain in effect. .-\RTICLE 2: E:-'1.."MERA.TION OF PL.A.-"S. SPECIFICATIONS -,,-'\1) ADDE\1)A Following are the Plans, Specifications, and Addenda which fonn a pan of this cor.tract, as set fonh in Paragraph 1 of the General Conditions, "Contract and Contract Docwnents": A. Plan5 Project ~o. of ~o. Sheets 9927A Title INSTALLATION OF TRAFFIC SIGNALS AT 28TH STREET AND WATERMAN AVENUE B. Specifications Title Bidding Requirements and Contract Fonns General Conditions Supplemental General Conditions D~tail Dra"ings and Sections C. Addenda No.1 Date: 3/2/99 No.2 Date: No.3 Date: No.4 Date: I ARTICLE 3: STATED ALLO\\'A.. "1CES ",O~c ARTICLE 4: SPECIAL HAZARDS Ul\'K.NOWN ARTICLE 5: CONTRACTOR'S M'D SUBCONTRACTOR'S PUBLIC LIABILITY. VEHICLE LIABILITY. AJ\TD PROPERTY DAMAGE INSURANCE A. The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the City with a policy or certificate of liability insurance as prescribed therein, prior to execution of the contract. The Insurance Policy shall name the City of San Bernardino as additionally insured. The endorsement shall be provided by/or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forn1s.) Following is the required minimum limits of insurance: Bodily Injury............$250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations Property Damage......$ I 00,000 each occurrence $250,000 aggregate A combined single-limit policy with aggregate limits in the amount of $1,000,000.00 will be considered equivalent to the required minimum limits. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontractor, subcontractor's Public Liability and Property Damage of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractor in his own policy. B. WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Worker's Compensation Insurance", of the Standard Specifications, providing that the Contractor shall file a signed Certification Certificate of Worker's Compensation Insurance before execution of the contract. ARTICLE 6: BUILDER'S RISK r--:SURA.>':CE (FIRE ."""'D EXTE~TIED COVERAGE) The Contractor shall secure and mamtain in force a Builder's Risk Insurance Policy in the amount of the contract pnce of all buildings that are included in the contract award during the life of this contract. A copy of the Builder's Risk Insurance shall be furnished to the City of the Contractor. The Contractor will provide Builder's Risk "All Risk" Insurance, in an amount not less than the contract award amount. naming the City and the consultant as additional insureds. ARTICLE 7: SCHEDULE OF PERMIT FEES The General Contractor shall procure and pay for the Building Plan Check and Building Permit. The Contractor shall include an allowance of ~ in his bid to cover the Plan Check and Building Permit Fee, which includes the permits for electrical. plumbing, and heating and air conditioning. Following is a breakdo\\n of the Permit Fees. Street Cut Fees (Sewer, Electric, Gas)......$ Plan Check................................... ..........$ Building Permil.............................. ........S N electriclPlumbing/H.V. & A.c......... ........$ 0 Storm Drain......:....................................S N Sewer Capacity....................... ..... ...........$ E Sewer Connection.......... .... .... .................$ Strong Motion................................. ........$ The Contractor shall obtain a City Business Registration prior to execution of the Contract. ARTICLE 8: ENERGY POLICY AND CONSERVATION ACT This Contract recognizes the mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (p.L. 94-163) as set forth in Division 15 of the Public Resources Code of the State of California. ARTICLE 9: COPIES OF DOCUMENTS FURNISHED TIlE CONTRACTOR The O\\ner will furnish to the Contractor as a free issue in addition to the signed contract set and as-built set, sufficient sets of the drawings and Specifications forming a part of the Contract Documents, and three (3) copies of such supplementary detail drawings as may be subsequently issued. ARTICLE 10: DISPOSAL OF EXCESS EXCA VA TED OR REMOVED MA TERlALS Unless otherwise specified, all excess excavated or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. Any costs involved in such disposal shall be absorbed by the contract lump sum payment, and no additional compensation will be allowed therefor. Any salvage value of removed improvements of whatever nature shall be considered by the Contractor in preparing his bid, unless otherwise specified. ARTICLE 11: ACCESS TO CONTRACTOR'S RECORDS The Contractor shall retain all records, books, papers, and documents directly peninent to the specific contract for a period of not less than 3 years and allow access to said records by the grantee, subgrantee, the Comptroller General of the United States, or any duly authorized representatives. O. S. V I DEPARTMENT OF HOOSING URBAN DEVELOPMENT STANDARDS OF CONDUCT AND --r-.----~ ~- ------. --- ~-___ --.-.-r-~_~ Offic. of ID.pector c.D" S T A . D A IDS o P CO. D D C T C Die I I C I P I a . T S I . T I 0 D D C T I 0 . Elected officiall, e.ployee. of Coamunity Develo~nt Jlock Crant recipient. and cODtractors are thole re'ponlibl. fOr ad.iD~.t'rin, the entitlea.nt pro,raa and Ire 11.0 relponlibl. fOr the pro,ra.. inte,rity. Followin, lound bu.inel' practice., pre,crib.d Itandard. of conduct and HUD require..ntl will not only prot.ct HUD Irant funda but al.o thol. who ad.ini.ter the prolr... P DIP 0 S I Thi. notice proYide. infor.&tion on .pecific activit i.. that ,ou .u.t ayoid and ideDtifie. key HUD r.quire..nt. that .u.t b. ..t. Th. Prohibited .ctiviti.. li.t.d h.r. reflect probl.. ar.a. that have 10tt.D block IraDt recipient. ioto trouble in the pa.t. The PUrPOI' of thi. fly.r i. to prev'Dt fr.ud aDd proar.. abuae by al.rtinl k., offiCial. to thel' proble.. ahead of tial. AUT.OIITIIS The pertin'Dt lava aDd reculation. that appl, to the CDIe lDtitl"'Dt prolr.. tbat ,OU .hould have cOpi.. of arel * Hou.inl and CoaauDit, Dev.lo,..nt Act of 1'74 a. "'Dd.d iD 1'13. · Coaaunit, DevelOpleDt Ilock CraDt laculatioa. (24cra 'art 570). If you do DOt bay. cop i.. of th... r.quir....t. or D..d furth.r inforaatioD, contact YOUr local BUD offic.. 'lOCI.. IIQIIII...~. A.. 'IO.I'I~.' ACTIYITIa. 1. Coallict of I.t.r=.t COle lecutatiOD' (24cra, 'art 570.611) prohibit coaflict. of int.re.t. For an, COle activiti.. und.r your control Or iDflu.nc. 'OU K., lot, .. Obcain perlonal or fin.ncial tnt.r.lt Or bon.ftt. includinl ODD.y, fayor.. Iracuiti.., .nc.rtat....t Or an,thiDI of valu. that ailht be int.rpr.t.d a. conflict of tat.r'.t. b. Obtain a direct or iDdir.ct iDt.r..t i. an, contraCt, .ubcoatr.ct or .,r....Dt for any COle .ctivity. Thi. prohi'itioa .zt.nd. to coatract. in which ,our .pou.., .iDor cbild, d.po.doat or .u.i.... ...oci.te .., h.v. per.oDll or fin.nci.l intor..t. Thi. ,robi.itioa oztenda for a periOd of OD. y..r .fter you loayo your po.itioa With . CDIe .ctivit, or prolr... -1- n.urDAlIlS OF COIIPUCT Pa,. 2 of 3 c. HUD .., srlnt an esc.~tion to thi. conflict of i:tere.t ~roYi.ion if lt deteraine. that .uch In exce~tlo: vill enhlnce the effectlyene.. of the CDIC ~roj.ct. ~.queltl for luch exception. eu.t be ..de 1n vrltinl te the local H"~ offlce. 2. Procare.eat lad CoDtr.ctiae OK! Clrcular A.l02, Uni!o~ Requlre..ntl for Alll.tance to Stlte and Local Coyern..nt., Attach..nt 0, Ippl1e. to the coac prolra.. It proYide. that you Kay Het enlale in any of the fellevinl practicel ln your procuresent Ine centract admlnlatration: a. Circusye:t coapetltige b1ddinl require..at. by. _ flilial te adverti.. fer .ealed bid. or .alicittal propo.al. a:d eallli:1 1: noncoapetitive aelotiation; - flilial to u.e e.tlbli.hed eYIlultion criteria ia nelotiation.; - .plittinl bid. by brelkinl dova contract. into ...11 part. '0 'that purcha.e order procedurea can be a.ed except to ..et Kiaority/Woaen au.ine.. E:terpri.. loal.; - favorial or provid1:1 a co.petitive adyaata.e to aDY one fira or ind i Yidual ; _ ideatify1:1 the n.... of tho.e iavited to bid; aad - prepari:1 fictitiou. bid. to .t.ulat. c~tition. '. b. r.il to adhere to contrlct .v.rd r.quir....t. by. - allowinl exce..ive price charle.; - avardial contract. to oth.r thaa the low bidd.r Without ad. quat. ju.tification; .ad - acc.pti:1 a bid that doe. aot contaia . pric. for all it... er .ervic.. iaclud.d io the lavitation to aid fora. c. FlU to verify clltltractllll ad prolr_tic c.,11.ac. by cntractoT. by. - aathorizia. ,.,..at for wark aot c.,l.t.d, - f.l.ifyial ia.pection T.poTt.; -.alt.rial clltltr.ctor tavo1c..; ad - .i.u.i.. aodification or chanle ord.r.. COle replation. nata that you Mu.t 1I0t. Uae Uraa aad iad1Y1duall lltI 1lUIl'. COII.oUdatad Lilt of ])abetTed, Sa.pead.d aad iaelilihl. COIItr.ctor. aad Gr.at.... 3. Piaaae1.1 1iDa._t ... laconU... .JDt_ You Mu.t c.,ly vith the follDVial r.quir....t. of OKI Circular 1.-102, At.t.c_atl C, C, .ad cnac r.plaUn.. 'loa Ku.t. .. l.t.bli.h iat.raal ccatrol. to ..f.auard c..b, 1aYlDtory .ad equi,..nt. .... 3 of 3 h. 1.t.h11.h . .,.c1ol l.d,.r .ccount for .11 CDIe 8081... c. Kalnt.ln flnancl.l.r.cord. lncludinl: · . r.,l.t.r of c..h r.c.lpt. .nd di.hur....nt.1 . . r.cord of all nonc.ab tr.n..ctlon.; · I.n.r.l ledler to .bov tb. .t.tu. of .ach CDIC .ccount; · . flx.d .ccount 1.d,.r,.nd · a r.cord of 1uap-.ua dr.vdovn., Tr...ur, cb.ck. rec.lv.d .nd hal.~c.. of '.d.ral fund.. d. In.ur. th.t ,ou ..lntain fin.nclal recorda. 'l~.nci.l r.cord. .nd fll.. au.t h. ..intain.d for tbr.. ,..r.. .. v.. inc... ..n.r.t.d froa Ir.~t .ctlviti.. for oth.r .lilihl. .cti.itl... f. .V.. rrOlraa lnc... before dr.viOl .dditloaal Ir.nt fund. to pa, for .llow.bl. proal''' .spen.... lov )tult lot dravdOWll 80n fund. than .n n.eded for 10111' Ole activiti.. .nd tho.. of .uhar.nt.... 4. Coat Allow.bilie, Yov Ku.t coap1, wlth OKI Circul.r A-17, Coat 'rlncipl.. for St.t. aDd Loc.l Gove~~u. You Ka1 lot apelUl CDIe fad. a i~.U.1bl. .cU.iU.. lncludin.. '. a. lzpen... roqairod to' carry OIIt tile ropIer ro'pOIIl1b111U.. of tile .onoral local IOVOraaent. h. '.rtl.an political .cti.it1.. (..... coatrlbGtloaa tovard politlcal caap.iana. vot.r ro.l.tr.tloa or candld.t. foraaa). CD'C roplatioa. It.t. tll.t ,... lIDa.t lot. Dao CDIC f_d. to ...ht "11d1q. .'M for tile ._ral cODdllCt of .0venlMnt (0.1.. dt1 hall.. -t1 ada1alnraUoa bGUdiq.. .tc.). 5. PnaT- IIoa1ton.a CIKJ ClrcularA-IOZ. Anachant I. nat.. that 1011 llult coauntl, _itor the perforacnc. of Irnt-.upport.d actlvStS.. to aa.ure that tta. acllodul.. are bell11 _to proJoct.d work lIIlice II, tta. "1'104. .n Mini, acc..,Uahod. and oth.r ,.dononco .oal. .n Milll .cIIi..... BUD ov"UU that 1011. "ot,.;; .. Ita.p ncord. of JOUr OIl-alt. whitt to nhlT~t!!~,.'" CIlllU.CtOrl. . :,';l<i:",'::?;';f'-'-",,:;:-~, II. n.co apedal ..,haih oa fOIIr _icorlq .f ^C"1I1Iben ri.k .ubrocl,iontt .l1li ClIIltr.ctora. ,: . :~~'~'(i -.:-'".", ,~D:':~~' ....1~;.;" )! "".' If 1011 have . quolt1111l ......t4l)~j.;~tfs.~)~itaA.:i.. or 10vr n,pou1b11it1. COIlt.Ct,...r loC&~. Office. ~,;','.4;".; ~.."'~:\$. 10. ''''1' 1. IllS .".1- .".;. ')' j :1 ~ 1 I ,