The URL can be used to link to this page

Home My WebLink About2000-107 .' NOTE: Bound Contract (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. 2000-107 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GEORGE BRYANT CONSTRUCTION, INC., FOR THE RETROFIT OF A FUEL DISPENSING STATION AT FIRE STATION 231, 450 VANDERBILT WAY 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 retrofit of a fuel dispensing station at Fire Station 231 per Plan No. FOO-44. A contract is awarded accordingly to said bidder in a total amount of $16,881.00. 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 This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. I I I I I I I I I I IIIII 2000-107 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 OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GEORGE BRYANT CONSTRUCTION, INC., FOR THE RETROFIT OF A FUEL DISPENSING STATION AT FIRE STATION 231, 450 VANDERBILT WAY IN SAN BERNARDINO. I 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 the 15th day of May Council Members: Ayes Nays ESTRADA X LIEN X MCGINNIS X X SCHNETZ SUAREZ X ANDERSON X MCCAMMACK X . 2000, by the following vote, to wit: Abstain Absent Cf:.~.f. ,h. U4-~./C- City Clerk I~h-L The foregoing resolution is hereby approved this May . 2000. day of ~~ Esther Estrada Kayar Pro Tem Approved as to form and Legal con tent; James F. Penman, City Attorney BY: L 1 f~ 1 , 2000-107 '. ------ CONTRACT THIS AGREEMENT, made this ~;IJL~oI day of ~c~ 2000, by and between the City of San Bernardino, h~rein called "OwnerH, acting herein through its Facilities Manager, and g~&UP!' &/Ef-'"",,.,/r {'~AJ,sr- ~ 'l~3 G4~ ~; STRIKE OUT INAPPLICABLE TERMS Pl/77 U~ ~ Cj/737 t.au (a corporation) (0 ~aLtR9r~Rip) .illulv~Ju[..ll doing busiFlOEiS ;)0 ) ~"eo,_~ !J/lf,+~r as/-. );-MC- q:3J} b/./~ &A JJ//a-- 6>4-1'7/ C4 Cj/~'57 of Alb C:J4'-p1. , County of~ ~,.,.ft~ND and State of QJl'r/, {;,JlJl//.4- hereinafter called the "ContractorH. 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: FUEL DISPENSING STATION RETROFIT 8 ;;0 m n m <: rn o i ~:] .-. AT ::J: ~ N VI FIRE STATION #11 PER PROJECT NO. FOO-44 J::o co o..p rn ...; aIled the ~ro' ec , f __r ,-the sUlll of I (p, g~ <L Z', ..-l.<<i e 'c; ~dol1ars ) and all extra w rk in connection therew th, 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 .. 2000-107 , . . 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 ~ working days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $100.00 for each consecutive calendar day in finishing th~ 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 2000-107 . '. AGREEMENT: STATION #11 FUEL DISPENSING STATION RETROFIT AT FIRE IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. (SEAL) ATTEST: City of San Bernardino (Owner) ~ ~~kULML ~1~ ( ----- BY: Esther Estrada Mayor Pro Tem (SEAL) Contractor /;1 ,C; B /' V<UJ) Sectetary "', " -7~!4' 6:t'''J Witness ( ~t f~kd: ~33 ~L ~ IJ1lfi ddress and Zlp Code LO#j u4 t1f7 ~ 7 BY: 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: L f. I~, {I r C-3 AE~ING D~TE: TEM NO.: SO NO.: \ or; j , , I 5/15/00 14 2000-107 CITY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. FOO-44 FOR FUEL DISPENSING STATION RETROFIT FOR FIRE STATION NO. 11 DIVISION OF FACILITIES MANAGEMENT City of San Bernardino FEBRUARY, 2000 V PROJECT *: 95-236 ~~ BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON MARCH 30, 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 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 SECTION 1 - SPECIFICATIONS AND PLANS SECTION 2 - PROPOSAL 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 SP-l SP-2 TO SP-5 SP-6 SP-7 TO SP-9 SP-10 SP-ll SP-12 SECTION 1 - FUEL STATION RETROFIT HOD CONSTRUCTION CONTRACT PROVISIONS 1 - 2 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 INFORMATION FOR BIDDERS 1. Receipt and Opening 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. March 30, 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 Fuel Dispensing Station Retrofit for Fire Station #11. 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-l '...--- 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 S100.00 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 carry 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 bids. 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 which deal with the following: a) Inspection and testing of materials b) Insurance requirements c) Wage rates d) Stated allowances IB-4 14. Laws and Regulations 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 Negotiation 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 04/05/00 PROJECT NO. F0044 Proposal of (hereinafter called "Bidder") * a corporation \ organized and existing under the laws of the State of California partnership, or an individual doing business as , a 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: FUEL DISPENSING STATION RETROFIT FOR FIRE STATION '11 Having examined the Plans and Specifications 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. ~1 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: Addendum #1 dated 3/2Q/OO J\ddpndnm II') nt=l~p.n 1/11/00 *Insert corporation, partnership or individual as applicable. P-2 04/10/2000 08:33 9099482876 GBC INC PAGE ~2 BASIC BID SCHEDULE FUEL DISPENSING ST A TJON RETROFIT FOR PIRE STATION #11 BASK BID: Provide all labor, materials and supervision to perform retrofit of one (1) existing diesel fuel dispensing station at Fire Station *11 as detailed in this Specification and Scope of work for the LUMP SUM of: 5.16,881.00 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 hereinafter described shall be commenced within ~working days from the date of the "Notice to Proceed", and shall be completed within 2Q 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, Licen~ed in accordance with an act providing for and reqistration of Contractor, License No. 718466 Classification A,D,C 21.K~~.~~b FIRM NAME: Georqe Brvant Construction, Tnr. BOSINESS ADDRESS: 9333 ~~. Alta SIGNATURES OF BIDDERS: e, jbCA 91737-2821 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 president, secretary, treasurer and manager thereof. Georq~ RrY:::Int- ('nn~t-rlll"'"t-;nn Tnr Georgj! Ii: _ IlEj',aRt Pr~liident Mar'J"......-~~..... ~ D....1P~n.... l1~~o Dpo~i~on..../~o~rot-:::Iry Telephone No. ('10'1) '144 - ,"17. Dated: Apri 1 S. , 2000 BIDDERS ACKNOWLEDGEMENT OF ADDENDtlMS: ADDENDUM NO. 1 ADDENDUM NO. 2 ADDENDUM NO. 3 x x DATE'. / / n n1: ?Q n DATE: 01/31/00 DATE: P-4 '.'"j '. ., ( ~o-~g9 D-siDti~~ii~qi~' IRS. DESIGNATION OF SUB-CONTRACTORS In compliance with the provisions ot Section 4100-4110 ot California Publ: Contract Code of the State of Calitornia, and any amendments thereof, ear bidder shall set forth the name and location ot each subcontractor who wi: pertorm work or labor or render service to the Contractor. Name & Address Under Which Subcontractor Licensed Agency ot MBE/WBE certitication . and Number (If Acnlicable\ Sub-Contractor Phone No. Sub-Contract Amount Specific Description N/n l\T/1I. . PJ,'A n,'....... U,'l... p~ CERTIFICA nON 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: N~O~: Georae BY: ~~~ ~. TITLE: DroC!;nonr Brvant Construction, hv DATE: April 5, 2000 p. 6 Inc. ,;~~~:t, :;':,,~ "".'~.....,."i' -"<l~~ ~':~t~. (- (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 ofbicl.) 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 othctWise taken any action in restraint of free competitive bidding in connection with such contract Georae Rryant Construction. Inc. ~George E. Bryant ~J.,?L/rz ~ Signature of Bidder ffudnt E:. f1.tutJ! I in" ^)n~~ _ _ _ _ _ . B~~~=!d.ul 6i: . ~>{'IYilltA. 1@ ~~. f Ru. 1 HoIarvPltllc - ()~AI~....; f bl~~~Colnv i nc)lO :uJ' CUrJI{)~rS'----- _ _ _ _ MyCotrrn.~Apr'7.3X1l1 Place of Residence Subscribed and sworn to before me this S day of ~ ;90 D 0 ~ &U7~ Notary Public in and for the County of My Commission expires on 0 (1 \. I ) . state of California. ..tJooJ. p- 7 arTrer 0' c~lIrrr DrVrt4... T ':0IDffJ1Irr'r Drvr:J>>1tEn .UXK Clt.l _ ,aOCAAlf COH7RACTOR'$ CERTIFICAtl~ C~ICE~41~~ LABOR STANDARDS A~D PREVAILING WAGE RE~UI~~~S ro (i.pprQP:J..ce .e~.pJ..lIC) 0A':'t :/Q PllCJt:-:- lr"::2!:R (:! UIII) PRCJt~ :u."~ CITY OF SAN BERNARDINO 1. '!'he un4crsi.f':'i.c1, havi.:uJ .x.cu~ed & CQn:=ac: vi~ r.:~()r'7,::t. Rrv::.nt- rnnstruction, Inc. ~== the ~onstru~tion 01 the &:Qve.identified P~;. aeknowl.4ge. that: 'Cal The t&l:lo1' Stan4uca prov1s1cms ue 1ndlllSe4 in the aforesaid cont.....~: C~) ~ne~uon of any i:l::&~tions of the doresail! conditions. iAc:ll1lSiAlJ infnc:t1ol11 ~ MY 0:. his sWlcontrac:ton and any 1_= tie: SU- cont=a~tora. i. h.. =..pon.~i11ty: 2. ~. c.~~~i.1 ~h.~: Cal Neither he 110= MY :i=.. pu-..n.u~p 0= ..IOCUUon in which h. hu 1w,ltanual interest is 4el1911&te4 .. an ineU.lJ~e con:ac:to1' ~ Qe eo.p=lle= Gene=al of ue lhU.ted Statel pllZ'RMt to Se=UoD 5.' C~) . of tbe Ref\&lationa of tl'Ie Se~nt&rY of tuor. 'ut 5 (Z, en. ~an 5) 01' pllZ'lunt to kc-.iOll 3 la' of the Davi.-a_ Aet. .. _nde4 (40 fI.$.e. Z".-2(.)J. ell) No pert of the do=_tioned COfttra~ bat tleen ft vUl _ aUoontr&~teIl to any I~ontrac-.o: if ~ .Wlcoll':raetor ft &IIY Um. eorporatioll.. . partnerlhip 0: a..odation in whi~h such 'lmc:OnU'aetor bat . aU.t&Aual interest 11 4el191\&te4 .. u e1e9Ulle c:ontr&c:tor pllnUAAt to Ul'l of the afor_tioned nlJ1l1atory ft ftaQlUlry provU1C11l1. 3. .e .po.e. to otItUlI ancl forvan u Ue .for_tioned recipient wiaain tea day. aft ~". _ec:uUon of &IIY luKoIluan. 1Ilc1~ t!lo.. _tell ~ b1a .~U'acun -. any love&' tier I1lXonua=ton. . '~".~to&'" CartificaUon c:onc:.m1II9 I.UIoI' S~cY&'4. and 'nvaUb9 Wa,e Ilaqui&'_u _ec:u~ ~ the '~ollU'aeton. 4. B. ~.rc~:~.1 that: C.l Th. h9d ~ and Ule ~~~n"l &cI4n.. of the I&IIclerl~91\CCS are: r:QI"'\"'~) t:l:rY=:lln+- ,..................+--nyt i "R IRiJ 'ffI. undeni IS 11:' . III A S~ 'llQJlunc~Kn 9333 Golden St~. Alta Lorna. CA91737-?R?1 (2) A 'AImInSlU' (3) A COJlPOIlAnClH ~...... %II ftE STATE California (4) cmID OIlG/'JllZA'1'lOH (lIe.erJ.M) P-8 ,..,. 3 ot J leI ~h. ~. ~.~1. and addr... of ~ owner. par~.r. or o::~c.=. ot Cha uftd.r'~9ft1C ar.: NAKE T:n.z A:lClUSS 9333 Golden St. A1t~ T~~~. ~~ 017~7_'-R21 9333 Golden S'.t. Georqe E. Bryant Presiden~ Mar uerite S. Br an 1 Idl ~ MM' &lid a4U..... of &11 o~ puaolll. MtA nnv&1 &Il4 corpanc.. I\&vu, a .u.uncial bURn iA ~ Wld.%a19fted, and eM nnvI of tAl interllt an (It MM.-ao auca': lWlI: AZlDItESS NA':'llIlE or %H'ft1lEST . . . 1.1 ~ -.. dU..... lUld uade c1..a1Ucauou of aU oQu -U.UIIf coucneuoa conuaccor. .iZI wllic:h tlle udua19Md la&a a IllHUllu&1 iIIunn an (Zl _. .. aca:.' : lW<< alXlltESS TIIADE C1.\SSlF%c:AnCIII Wofta Anril 5. 2000 Georqe Bryant Construction, Inc. sJ. - CC:oaU"COI'I L 1)': _it? C}t e ,hv , WAItHIIlG U.S. C:dllluJ C:oda, '<<Un J010. t'Jt1. 1.# DoS.C.. ,=-ldea Jtt ,.en, .~"'I',..... _.ll... "...... DUll" III' ,u.u... MJ .ca~. >>-4,.. the __ co .. tu.' ...... '''',11 N (bled lICIt 8U'I thM ".000 ., ~.t.... Me _n CAu bID lINn. 01' lOch. p- 9 ( C!RTIFICATION OF BIODER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTtONS 'nlia .,Ir..tion is rtQUirtd lIUl'IUI/It,. e-1l:l/INw ~ 11241130 F. R. t%2tl-25l. n. inIl1l_ting I:Ulellll:l NIfIlnianI ",..idI tt,.u"" ~., "" ,;... _,I,.nyIf 1IIIlr IIl'U- ..1lllICDmncrars. _n..,.. III irli\ia1 DItt If 1he Dill. NglI1iItio.. crt ". CIlIlUKl wfIItIMr it .... 1IIniciDI_ in Illy /II..'D lJI_ftCt. ... CIlftha ..jet,. 1IIe .-1 ",*",1Ii1y CIIuII; IIW:I, tf ., .... it IIa fllllS II' CIl""'iIIa ".,. MlIftCIr aoplicl... inIInIa..... WI-. .. .-drlCltilln indicI1. tIIIt 1111 ~ .... Nt filcI . CIlIIIIIlilncl ,~ M ........llOrlCllIIe ~ &ICfI -.... lNII lie ,.,irtd 1D ..lIIIIit . .lIlDliala "SDn wiUIin _ ..... days IfW IIilI '..... ..._ lNII lie ___ JLJ ~.. rtCIII'l is &ltImiftId. CERTIFICATION IV Ilaan Ge0rge Bryant Construction, Inc. .~... N_: Add,._ Z'ID CoOl: 9333 Golden St. .alro:l T.nmrl. ~A 91737-2821 1. lickW.........., win. ...... 'a.ll _.....;l. . IIID ...CU.jacl,... huII ~ II ~ ClIu& Y. G3 No 0 nr -., .. 7.., Uadf7 ale _, Ie.... a_I.) 2. Coll\llliara ,-...,.,;,c ,. lie fiIIll in _.._ion wiItI aICf\ _Ilo..;l. _ L ,...... Y. G3 No 0 nr eu..... .. 7.., iUlIIlf7 ale _, IC.... ._L} :l. lido.. Ill. file an .""....PCDOnI.. UIIclIr .DOI'.... L__~.. incIu&tlnt SF-1DO. Y. G3 No 0 No.. "-'irtd 0 c. "__,. iWn 3 ill "No," .... 1QIain.1ft cIaiI_1IWIIW Iida fllIIiI_lIf1..... Clnlf"lCIlion - TN inf......."1ion.........1IId CIl/lllllMl,. "'...If Illy "'...1 t.1'" lIelllf. Georqe E. Bryant President )ftj a tl J1v --'...--- y- f/ -of:> A.- p. 10 ~o~~ 0' ItD lORD DOll ALL KP IT 'tIIln PIESZllTS. C~t -.. tll. uallul tpIII. George Bryant Construction, Inc. .. '1'1I1cS.Pll. all4 Contractors Bonding and Insurance Com~pv ., 5u..,c,.. '" 1Ie"1l,. ... tha1,. HuM uat. Ity of San Bernardino a. ....l' i. eM ..aal .. of ten percent of amount bId fo.. tile ,a,...e of ....'ch. well plf nul,. eo " ..... -. u...~,. J01ael,. ... ....l'.lly Ill" OQI".I.o., OUT "'il". a.leveOl". ''''ai.er,eol''. ..co...or. nil '''1111'' Sl"'~~do till. 24th ..,. of March . . - 11Ie c"'iUft of tile .bo" 0llU,u1a 10 ...0 ellac ....".. cite hiM1MJ, il.. nllll1n,1I c. City of San Bernardino · ',n". 114. aeUclled bo...'. alIll U'OIl7 tIM, . Pin lIo...of to "Co.. laco a c"cl'..e to wrie1... for ca. . underground storage tank .(Diesel) upgrade; City of San Bernardino fire station #1 IIW. JUIDCII, . .. If .al.. IU allan.. "j,nN, " ill C.. aleoNOto. . ~. U...W IU I1Iall lie ..... .. &Ila hlaclJlal ...11 ".&Ilo~ ... ..Uft&' . "'cl'oce ill ClIO f"" of COIlC"ICC au.dId llenco (peperl,. ....l.c~ fa 'C4l11 ''''l'M Wie. AU .." ... ....11 funt.lb I .... fo.. ~b 'a1'""\ ,.1'1.. -'I' .f ..11 .anaec. nil .haU III .11 oe..... ...,.... ........ De -. ..n..tn cnaco.. .,. ClIo ~.f NW IU. ,... Clalt nU..c1a ....11 .. _UI oe"m... '" 1_ '''11 nub 18 rHC' ... affoce, ie 1Ie1.. .......~J' -'"n'" .. .... ... ClIo llall1Ue,. .f tIIo ....tJ' fo.. .., R4 all cJo_ ...n....... allan. III _ __at, 'K"" CIHI ....1 _e of ,.... MUp,s. .. .....18 llaI". . . 'file .....c,. fH .,h, "coS.... 1Ilon'" aU,.1eC.. ... ....... ... die .loU..u... .f ealll "nl, .... in ~ .un 118 1111 .. we iaIIlaln' 01' aff,u.. II,. ...,. .1Rftlllll ., eta. c~ ~Uill ...i... aM .....1' ..,. ace..e ...cla IU; ... HI. IunfJ ._. lien.,. ~1~ "lSce ., .7 .... .a,..i... .. P-ll , (~ III kJ.IlW -v:~.or. bo. h&aU,..s ... .... 18..0&7 .....~_~_t. .., '".11' ...... ... _b. ... ... .f cu. .. .... CIRJIOnu... ..... UIIin. ,ltU" c..,....,. ...la eo .. ....,. .'11'" ... 'k... ~""'I '0 .. .1.... k1 ,lIel.. ,....... .fllee.... ,.. ...,. ... ,.... fll'.I' _Ii..... George Bryant Construction, Inc. ,..i.ci,.1 u.... ) .. Contractors Bonding and Insurance Complmy . SlAt . . P-12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On MARCH 24, 2000 DATE before me, VERONICA L. PRATT, NOTARY PUBLIC NAME. TITlE OF OFFICER. E.G., -JANE DOE. NOTARY PUBlIC" personally appeared MATTHEW C. WEL TV NAME{S) OF StGNER(S) 181 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. ~---'-';::~~~ . . -- - ~~ M'I ':-:"'': ~,~,~O: ',~~ ~s ~~'Ci ~,' :-"'''''',S0-::.'::2-~'::::-::'?'::::'":",-;:-:~~;-..::::O~'~C WITNESS my hand and official s::z 4~'GNA~t~/- 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 TITLE OR TYPE OF DOCUMENT l1llE(Sl o LIMITED o GENERAL NUMBER OF PAGES o PARTNER(S) 181 ATTORNEY.iN.FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: ....... OF PERSONCSl OR ENTT1Y(IES) SIGNER(S) OTHER THAN NAMED ABOVE S 9690 14/94) t:/Jit: LIMITED POWER OF ATTORNEY INSURANCE Not Valid for Bonds Executed On or After: NOVEMBl!lR 30TH. 2001 Power of Attorney Number: 596294 , 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 "YOID" 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. ~a~""iII:lfJ~Y, TBBSlli PRBBIIN'l'B, tbat tb.'"""'P'"ny,4"'!_bereby make, e~.ti,tut.' aJidapP!i>'4>""t,l>... fall~ng: GBORGB J. BURCID'DiL. IIA~ C. WELTY, ~,CJ:J" BtI1lCBnBL. and VBROIlJ:CA L. PRAft its tEU.~nd lawfll:IAttaru&y(.) -in-,a",t/jlfitb full poWou: and authority b.reby cODf.rr.d in it. n_, plac. and .t.ad,.' to' _cute, aclmowledg. and d.liver OIl behalf af tbe C_: (1) any azl4all boDd. and undertakings af sur.ty.bip gi"lOD for any purpo.., proYi.de<!,'!'....."..r, tbat nO' INch per.all .ball b. authorize<! to' _ecute and d.li"er any boDd ar UDd.rtaltiDg that .ball abligat. th. Company far any portian af tbe penal .um tb.reof in exce.. af $6,O~O,OOO, IIli4pxoYi4..s".;f~t;,her, that nO' Attaru.y,.in- Fact sb.ll b...... tb. .utbority 1:,0 1a~e..bid..~ 11>:<1P,98al boDd far any praject wber., if a cantract is awarded, '.x>Y boDCf ~.. .u,,"er~ltIWIg,WOUld be r.quir4ld 1ri.tb panal IIUIIl in exce.. af $6~090~OOOl<!ID4iJ~) ;COJi!l~t:.~. ".1,.... and ather s:l.milar daCUlD.nt. r.quire<! by an ablig.. uDder 'a cODt::rac,t boD4ec! by tb. Ccmpany. This .ppointmant i. mad. UDd.r tbe .uthority af th. BOard af Directars af tb. Ccmpany.------------------------------------------------------------------------ -------------------------------------------------------------------------------- " 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 24TH MARCH 2000 Kevin L. Lybeck, Secretary CBIC · 1213 Yalley Street. P. Box 9271 . Seattle, WA 98109-0271 (206) 622.7053 . (800) 765-CBIC (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 FUEL DISPENSING STATION RETROFIT 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. 11 Cl-l '. '. 2000-107 '0 - - CONTRACT THIS AGREEMENT, made this ~~~~ day of ~ 2000, by and between the City of San Bernardino, h rein called "Owner'~ acting herein through its Facilities Manager, and ~~L /!:~A",r {}fAJ.Sr- ~ 'f~ GA- V--" ,111/71 ~ _ ~ <7/737 STRIKE OUT (a corporation) (Q ~y~tRQx8kip) INAPPLICABLE ~u .Lutll v ~Ju.u.l d....,i:rJ.q suaiaeSE; 3.8 ) TERMS , ;;; 1t;;: ~ ~~ frl/4- ~~I C/I- Cf/?:5J of ,4/b Lo1ll--f,4- , County of~ ~II/D and State of (!,A/. '.{;,A../oI/..I-- hereinafter called the "Contractor". ~ :=0 -: co .p _.0,...., the pro of I ~, g~ ~ ,.J... z:: ' . dollars ) and all extra w rk in connection therew th, 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 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: FUEL DISPENSING STATION RETROFIT AT FIRE STATION #11 PER PROJECT NO. FOQ-44 C-l 8 ::c m o m <: r-n o I C') ::::; :z ~ '. .,' , ,_ 4 2000-107 . , accordance with the conditions and prices stated in the Proposal, the General Conqitions, 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 ~ working days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of SlOO.OO for each consecutive calendar day in finishing th~ 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 ". 2000-107 . AGREEMENT : STATION #11 FUEL DISPENSING STATION RETROFIT AT FIRE IN WITNESS WHEREOF, the parties of these presents have executed 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: ~ kJ.~ BY: ~1~, J r Esther Estrada Mayor Pro Tea - Clerk (SEAL) BY: A-f .~4J: ~3) ~lL ~ 1i1-111 ddress and Zip Code . Contractor /'/f ~ a I' va /J J- Sectetary ~ l' /- ('14'i1f~~ Witnes LO#J~ '1(7 ~ , 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: L f. I~-- {/ . C-3 ~ MEETING DATE: ITEM NO.: RESO NO.: 5/15/00 14 2000-107 I; PROJECT #: 95-236 CITY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. FOO-44 FOR FUEL DISPENSING STATION RETROFIT FOR FIRE STATION NO. 11 DIVISION OF FACILITIES MANAGEMENT City of San Bernardino FEBRUARY, 2000 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON MARCH 30, 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 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 SECTION 1 - SPECIFICATIONS AND PLANS SECTION 2 - PROPOSAL 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 SP-l SP-2 TO SP-5 SP-6 SP-7 TO Sp-g SP-10 SP-ll SP-12 SECTION 1 - FUEL STATION RETROFIT HUD CONSTRUCTION CONTRACT PROVISIONS 1 - 2 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 L INFORMATION FOR BIDDERS 1. Receipt and Opening 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. March 30, 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 Fuel Dispensing Station Retrofit for Fire Station #11. 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 I 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 2Q 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 carry 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. !B-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 0 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 bids. 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 which deal with the following: a) Inspection and testing of materials b) Insurance requirements c) Wage rates d) Stated allowances IB-4 , 14. Laws and Regulations 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 Negotiation 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 04/05/00 PROJECT NO. F0044 Proposal of (hereinafter called "Bidder") * a corporation,' organized and existing under the laws of the State of California partnership, or an individual doing business as , a 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: FUEL DISPENSING STATION RETROFIT FOR FIRE STATION #11 Having examined the Plans and Specifications 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. ~1 . . 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: Addendum #1 dated 3/29/00 Addendum #? n~tFH"1 1/11/0n *Insert corporation, partnership or individual as applicable. ~ P-2 04/10/2000 08:33 9099482875 GEC INC PAGE 02 l ) BASIC BID SCHEDULE FUEL DISPENSING ST A nON RETROFIT FOR FIRE ST A nON #11 BASE BID: Provide all labor, materials and supervision to perform retrofit of one (1) existing diesel fuel dispensing station at Fire Station #11 as detailed in this Specification and Scope of work for the LUMP SUM of: $.16,881.00 in words: $ ~,..teen thou~and . II ~ d ~ 0 _ 9.~ t ~UD red~gbtY~QRe-QollarS TOTAL BID $...1 6, 881~. 00 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 hereinafter 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. f. ~CA 91737-2821 SIGNATURES OF BIDDERS: Golden St., :>l~~ Alta BUSINESS ADDRESS: 9333 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 president, secretary, treasurer and manager thereof. Georg~ RrY;;:Jnr ("()n~t-rll("'+-i()n Tnr Georg.e E _ :Qr~7.ARt Prllaident Marsr"...........; +-r. C' O.....17~n+- U;roo Droc-inonr/~Of""riClt-;lIry Telephone No. (qOq) q,j,j - 1';17. Dated: April S. , 2000 BIDDERS ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 ADDENDUM NO. 2 ADDENDUM NO. 3 x X DATE: ()< I?Q Inn DATE: 01/11/00 DATE: P-4 . . ~O"""""'Jr'\ D.....iilR.t ('QR~tr"QtieR IRe. IDDERS FIRM NAME' DESIGNATION OF SUB-CONTRACTORS In compliance with the provisions of Section 4100-4110 of California Publi Contract Code of the State of California, and any amendments thereof, eac bidder shall set forth the name and location of each subcontractor who wil perform work or labor or render service to the Contractor. Name & Address Under Which Subcontractor Licensed Agency of MBE/WBE certification and NUlIIber (If Acclicable) Sub-Contractor Phone No. Sub-Contract Amount Specific Description N/A. M /1!J. N/A n/J. n/~ p~ . . CERTIFICA nON I am aware of, will comply wilh, Section 3700 of lhe Labor Code, requiring every employer to be insured against liability for Worker's Compensation or to undertake self-insurance before commencing any of lhe work. Contractor: NAME 01tIRM: BY: /!u'A4../ / Georae a c. Brvant Construction, W Inc. TITLE: Proc; non"" DATE: April 5, 2000 , .>i.~ , 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 Senices, City of San Bernardino State of California: The undersigned in submining a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either direclly 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. Georae Rrvant ConHtrllction. Tnc. ;f...(7 ..i'~. _ Signature Bidder HUJltA 1:. fYzu1A!1 ~YL ^}n-k~1J Oj13~ ~->old-f.f1 6~ . ~>{I)YLQ\l!J1. Business Address /!flnc)10 (~J' turJl[)^{jf7!'--- Place of Residence Subscnoed and sworn to before me this 12- day of ~ Sell) ~~ Notary Public in and for the County of ,- - - - - ~~~- -~ ~i~~~ f WI San Bemo.dIlou COUlIy My CotTm. Expires Apt 17. UlI $ODD ~ . state of California. My Commission expires on 0 P\ I / . fJ,?OO / . p- 7 .' . ()"TZ~r 0' ~=IUtfJNrrr Drvr.,. T =mrtJN~ Drvr;,a,lfrn UDt:1C ,... ,.,.OCMJf COH7RACTOR'S CERTIFlCAtIOM C~ICE~lI~G LABOR STANDARDS A~D PREVAILING WAGE RE~UI~~E~TS TO {;';prQP:.i..c. 1I.t:~pi.ellc} OA~ PROJE:':' N"..::::tl\ t:: .n'l} :/Q PROJECT :u....,:: CITY OF SAN BERNARDINO 1. The un4.rsi.c;ne4, havi.n; ex.cu-:ed & con:rac-: vi.~ ~p{)rnp Rrv~nt- ~onstruction, Inc. for ~he t:Qns~ruc~.i.on of the &bQve-identified pro;e, acknowle4,es that: 'Ca) The ~r St&l\wd. p:ov1siot11 ue inc:lud.4 in the doru&14 c:onU"a~: C~) Correc:~1on of any infrac:~1o~ of ~e afore.ai4 c:on41tio~. 1nc:ludin; 1nfn~.i.olll lly MY of. his l~n~ra~lln and &IIY laver tier .ub- cantraceora. 1. h~1 respClns~:.i.lity: 2. ~. c.~.~ies ~h.:: Ca) Nei~her he nllr &l\Y f:...... par".:Iush1p or associatilln in wh1c:h he bu l~s~an~1al interest 1. 4el19"&t.d .. &II 1n.l1;1:1. c:ontza~r ~ ~ CClIIpU'Cll1er General of ~he Un1~ed State. JIIIZ'-~ to Se~:l.Oll 5.'e~1 . of ~. ~.UClftI of UIe S.cr.CU'Y of %.&!lor, Paft 5 (1' CIa, Pan 5) Ilr JlllZ'SlKn~ to S.~1oll 3 eal of the Dav:l.I-Ia_ ~, .. _n4ed (40 fl.$.e. 2'h-U.J) . ~) No pert of the &!or_ticm.4 c:cmuaft bal _1ft or v:i.ll " IUc:onuacted to any s~llntractor 1f 11ac:h 1~lltzactor or &IIY Um. c:orpon~:l.oll.. partnership Ilr assoc:1at:l.oll ill wh1c:h 11ac:h I~tz.~r bal a IUblt&lltial 1nter.ft 11 d..19ft&~ed al u e1.,Ull. C:Ollua~r p11Z'11a&I\t to &1IY of ~. afor_tiona4 n~ato~ or IUt1aU~ provi.liou. 3. .. a;r..1 to o:t&u and foNari to tJIe dor_ticme4 rec1p:l..llt v1ta11A Uft daYI afu ~". _.ClItion of any S1DcoAUact, :l.nel\J4:l.ft9 ~.. _.ca~ ~ bi.I .~ua~ft aN! &:IY lov.r tier llatlc:ontz&l:torl, a SWlco1Itnctor'1 CeRLUC:&Uon Co1lcem1n9 ~r Standar41 and PnvaU1n, Wa;. JlaqllU_U ...Cllted ~ tJIe .\lKontza~=.. ~'~ I.J 4. s. c.rt~f.i..s that: Ca) Th. 1.,a1 naae and ~h& ~ua~n.s. &d4~..1 of tba under.~,ncd a~.' r..o,...,rg,p) n,...y=an~ ,.,.............t-n9t..: L'~ IRii rlll 'l'h. linden 1......4 1s:' . (1) A S':IlGU PNlPIUETOMKIP 9333 Golden st._ Alta Lorna. CA91737-?A?1 I~) " PurHD.SlUP (3) A C:OJPOU,'f1ClH OJll:M%ZCl %II ~ S'lATE t California e41 0TIlD ORl....JlIZATlOll (l~..czJ.H) P-8 . . ,..,. J 01 J Ie) ~he ft&8e. t~tle .114 .44r... of the owner. partner. or o!t~c.r. o! the un4er.i,ne4 .re: N).ME T:nz A:lDIlUS 9333 Golden St. 1 Mar uerite S. Br ant 9333 Golden S't. 1 (d) 'rile nAM' &Ild &d4r..... of &11 oUlU persona. Mth noUv&1 and ClIll'pOrU.. havUl' . s=.UJlcla1 bunn b the unda~a1lJft", and l:M noUvI of thl bcann an (It MM.'O .ut.': IWlE Al)DIlESS N"~ Dr IN"rE1lUT . . . Ie) 'rile 11_'. .~..... and Uade c:1aa.U1c:aU_ of all oUu tN1ld1n9 c:ou~euolI c:onuanon b vII1c:h the 1IIIdu.19fted llas a nHUJlual lIlunn an. ( Zl 110M, '0 'c.:.,: lIAME AZlOUSS TIWIE a.ASS1FICA'nCll ~'~: DJ.ft . Aoril 5. 2000 George Bryant Construction, Inc. '1- tC_U"~Z'I L ay._~l07rtZ € ,~ L/ ' WAltH IIIG 11.$. cd~MJ Cod., S<<UOII JOJO. 2'.lcJ. JI. D.$.C., 'rfN~tI.. JIIlN"' .1IlIoe...Z',..... _Jr.., p....., uuu. "IUbJJ.,.. CIlf .u~, ~J", &lie __ CO N lu'. ...... .haJJ N IJlletl aoc ..n &MIl '5,000 .,. .lJIpd..." l1li: .,n cJlu bO ,..,.., 01' )OcII. p- 9 . . CERTIFICATION OF BIOOER REGAROING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS TWs ClIftlfiClUoII is ,""incI ~11O bll:llliw OrIs.- 112.. 130 F. R. 1231t.251. TIw imlll_ting "'.. IIId ,..,1ftiaIII IN c..icII WI."., lliOler or IN alii 1M -, or lIlY of ttIIir tn__ UlCDIlftCrllrI, 1III1I1II1t a 11\ initial 111ft of 1IIt "' ..I\I901iIUo.. of IN CDlIlrKl wrwu. it hII WliciDltlll in III., previous CDlItrICl.. ... CDlI1nCl _jet 10 ltIt ICNII opponunity CIanI: n, If .., wI\t'lIlIr it IIa fUC III CD"",liIIIca "CIDrII .. IIIIlIIr .000icallll iNlrua~ __ .. .-,jrlCllioll illcrlCll.lhIl .. ~.. IlIIIIGt file! . CllIIIIPIiancI '-' due "'* ,.I..1IIa innrIIctionI. -..cfl tlOMr I1'1III111 rwouincl1D Iol....it . CDrnolial\Cll f'I$II" witIIiII - ClInlar days tfw bicI 0l1li4 No CDlIftCl INIl be _ Old u.u.& &ICfI rIIllWt is Ioltlmiftld, CERTIFICATION IV IIDDER 1~~.Nam.: Ge0rge Bryant Construction, Inc. Add'.1IId rill Coda: 9333 Golden st. 'Alf-.1 T.omr.t. CA 91737-2821 1. Iidd.- hII DI'licio ..d ill. ...:aA _.'..01". t1aa .WICl &IlljIct 10" EQUal Due".".., CIIu& Y. Q No 0 (11-"" 7'" Uallf7 all aN, "CI.' n...cl.) 2. eolftDliara NIIllftI..w rtlIUincl1D III fiIcl ill "_lion" whlllIICIl -.ct .. .. . ......s. Y. Q No 0 n! ....... " 7", iU.uf7 all aN' ,..... C__I.} :l. lidcl.. "'. file an CDftlOlII_I'IIlDflI'" \IIIIcIa' '"".llIt ilA...lil..lI" incIucIl"l SF-1Da. Y. Ga No 0 No.. Retuincl 0 c. "_10 itIlft 3 iI "No," pi.- .....in In cIaiI_ __.... '" 1IIiI~--. cnJf"alioll- TN iIIf.llIItionatlowt il1rUt1lld _1lIPinI1O ......,.., ",.,,1 1.11IllI1lI1I1I'. George E. Bryant President )ftj d 4 hv --,-~--- a.,..- _ <1- (/-00 .. p. 10 ..(- ". . . POl" ()1 lID IOIlll DOll IJ.1. KP IT 't1ItU PQ;SZIlTS, ~~t '"', tll. ullllcn lpell, George Bryant Construction, Inc, .. 'd.IICi,.l, .114 Contractors Bonding and Insurance Com~pv .1 Su..,t,., .... lI.nll,. ... Ural,. INtuIWl UUlI Ity of San Bernardino .. ....1' 1s the peMl I. .f ten percent of amount bid f.r the ,.,..at .f vltiell. vell "''' tnl,. to " aUa, '"' "nllo,. Joillcl,. cae ....1'.11' lIis' eurlalv.., our IIail", a.ecutars, ''''Si.tr.t,re, ..cu. eat. _ ...illl', Si.~~~~o tllh 24th N,. .f March , -' :ha c...it1.. .f tll. .110.. ollli,.'i.. 1e e.ell tllat "'1"" tilt '1'1..1,.1 il.. I1Il111iud ce City of San Bernardino . ..n.,. ',., acuclled b.n". IftlI ...,.11,. aUt . ,.n lien.' t, ..t,.. tato . ."UNC ia IlTlcla.. f.r ClIe . underground storage tank . (Diesel) upgrade; City of San Bernardino fire station # I . IIOW, 1IUUOII. .. If .ai. IU e\dl .. ..jilt", ft la e.. .It.rut.. . II. U. ..i. Ii. ellaU .. ac.... .. &lie hlacl,., ..11 '''&ut. ... d.U"... . UIIcr.et ill eM 'ft'a .f ,",'I'lIt .nae... "Nt. (''''''1'1, ...,1.... la _I ..... Wic. AU 1141) aM ellaU flIftl1... . ..... 'I" llu I.lt....' ,...fOlUllll. .f NU c.,.uae.t, ... .h.ll III .11 ._.. na..." ..rton tile -. ..ra....." eN't.. ., tile a~ af AU 114, C... tIIle .IIUpcS.. _11 .. "141, u..m... CIIe ._ ....n nub ill I..... ... .ffect, ie IItl.. ........~, -1un... .. ........ cIaU eM llUllic,. of ,Ile .....t1 '0.. .., ... all e'-tu .......... "'11. b _ ....~. ..ce... ehe ...d _I: ., ,-u ..U..c.... .. ....iIl .uc... fte '....CT. 1ft ".h. .."h"', ....., IU..lat.. .. ....... CII&t eM .1oU..U... of Nl" .....&, ad !on ~ al:t.aU 1Ili III ....., .,.s.n' 01' .ne'Ii" ~,. .., ..1:n,,01I 0' Ii_ U~ 'f1.l:Illa wi. eM 0wM~ ..,. HC",' ..ell aUf'" Hi. Sunr, .... "'n~ ,.,i~ _U.. .f _, ... '111.111 in. . , P-ll ., , %II WITlESS "IIOF. -P~b.l"l alMl ,he h..c, U...._....t. ..e e".11' ...... ... _1.. ... .uclt of clan .. .... cUJlClrau... -'-we uti... CIl.I\, c.rporate ...1. co .. .....c. .,'i... ... th... .1'....,. ,. ... .i.... 111 ~"'it Jro,.t .ruc.ft. eM ...,. ... ".... 'il'.n .aU..... u.... ) Contractors Bonding and Insurance Company , . SUJ,. ~ . . ., P-12 ! t . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On MARCH 24, 2000 DATE before me, VERONICA L. PRATT, NOTARY PUBLIC NAME, TITLE OF OFFICER. E.G., -JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) 181 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. MATTHEWC. WELTY . ~"-~:jI WITN.ESS my hand and official sel;ll-:; /~ " '-~/.~ ~~u<- ~ i/ - SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this lonn. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TTTLE(S) o PARTNER(S) o LIMITED o GENERAL NUMBER OF PAGES 181 ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTnY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S 969D 14/94) t:bit: LIMITED POWER OF ATTORNEY INSURANCE Not Valid for Bonds Executed On or After: NOVEMBER 30TH, 2001 Power of Attorney Number: 596294 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. KNOW ALL J!Elf lilY THESE PRESENTS, that the CompaDY does hereby make, constitute and appointt!!e tollowing. GEORGE J. B1JRCHFIEL, IIAT_ C. WELTY, TRJU::tI BllRClIFIBL and ,VERONICA, L. PRA'l"1' :l.ts true and lawful AttorDey(s) -in-hcit:; With full ~r an~ authority hereby conferred iD its name, place and ste..d, to execute, acki1dwledge and deliver on b~a1f of the Company. (1) any and 'all bonds and undertakings of suretyship given for any purpose, provided,' however, that no such perSOD shall be authOrized to execute and deliver any bond or undertakiDg that shall obligate the COIIlpany for any portion of the penal sum thereof in excess of $6,000,000, and provided, further, that no Attorney-in- Fact shall have the authority to issue a bid or propOsal bond for aDY project where, if a contract is awarded, any bond or uDd.rtaking would be re<;uired with penal sum :l.n excess of $6,000,~00; and (2) consents, r.l.ases and other similar documents re<;u:l.red by an obligee under a contract bonded by the COIIlpany. 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 24TH MARCH 2000 Kevin L. Lybeck, Secretary CBIC. 1213 Valley Street. P. Box 9271' Seattle, WA 98109-0271 (206) 622-7053 . (800) 765-CBIC (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 FUEL DISPENSING STATION RETROFIT 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. 11 CI-I 2000-107 -- - '. CONTRACT THIS AGREEMENT, made this ~~~~oI day of ~ 2000, by and between the City of San Bernardino, h rein called "Owner", acting herein through its Facilities Manager, and ~~"7~ 8/2f1A',.J~ {J:J;()Sr- ~ 1:Y3 GA- U--~ P1~ STRIKE OUT INAPPLICABLE TERMS ~. ~ '?-/737 (a corporation) .i.uJ.l\l.i.J.~u.l (a !:-'(..I..l..tR9rs:l:lip) d6i~9 Buein8CO ~0 ) ~u and State of called the "Contractor". 7t l,p.'t"'" {L;. p"",-- 13..7 bil~ ~ fr//4- b~, C4-- Cf/?5J LofV-1,A.. , County of~ ~~II/D . CAt, (;,/I..I.I,'.4-- hereinafter of 41b 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: FUEL DISPENSING STATION RETROFIT 8 ::tl m n m <: rn o I Q ...... AT :z ~ N U1 FIRE STATION #11 :>:a co S2 the pro he sum of t ~, g~ 0 ~ cl z:,' e.' dollars ) and all extra w rk in connection therew th, 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 -: PER PROJECT NO. FOO-44 C-l 2000-107 #" . " ~ 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 pro j ect wi thin .2.Q. working days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of S100.00 for each consecutive calendar day in finishing th~ 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 2000-107 , AGREEMENT: STATION #11 FUEL DISPENSING STATION RETROFIT AT FIRE IN WITNESS WHEREOF, the parties of these presents have executed 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: ~4~ ( Esther Estrada Mayor Pro Tem -- Clerk (SEAL) /'-1 s: a I' va /J /-- Sectetary ~f .~~ ~3) ~tl. ~ jJJ111 ddress and Zlp Code . Contractor BY: d--P1,/-- Lo"uJ ~ ~(7~ I 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: L f. /~, {/ I C-3 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 sll 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 ::ertification 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 Emolovment Reaulations - This section contains Federal Equal opportuni ty 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 112.46 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) Bondinq and Insurance Reauirements contained in "(I) Documents", and bonding requirements for construction This section is contains the minimum service contracts. a) Form of Bid Bond -- This is an example of the bid guarantee required from each bidder. The bid bond must beat 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. Dept. of Housinq 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 SuDcontractor' (s) addresses, license numbers, their Contractor I.D. numbers, dollar amount of suDcontractors, and specific description of suDcontracts. (B) CONTRACTOR AND SUBCONTRACTOR DOCUMENTS TO BE SUBMITTED PRIOR TO OR AT A TIME OF CONTRACT EXECUTION 1. SuDcontractor'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 SuDcontractor Regarding Equal Employment Opportunity To be provided by All subcontractors. (Authority - Executive Order 11246 as amended) . Lahor 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 suDmitted 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 Aets To be provided by Contractor and Subcontractors with contracts and subcontracts valued at $100,000.00 or more. (Authority - cited in Text of Acts). 7. Performanee Bond To be provided by Contractor in accordance with example, "Form of Performance Bond". 8. Labor and Haterials Bond To be provided by Contractor in accordance with example, "Form of Labor and Materials Bond". 9. Certification by Proposed Contraetor Regarding Japanese Contraet Restrietions. In addition to the above-named items, the following as noted: (Forms Department prior to construction.) the Contractor must provide provided by Public Works WEEKLY 1. Contractor Certified Payroll Reports Form WH-347). (Authority - Title 29 and 5). (Payroll CFR, Parts 3 WEEKLY 2. Certified Payroll Reports (Payroll Form WH-347) for all Subcontractors with subcontracts. (Authority - Title 29 CFR, Parts 3 and 5). WEEKLY 3 . Weekly Reports of Subeontraetors 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, lii2 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 ~ol~owing'terms are used, they shall be understood to mean and r~fer to the following: Aqencv - The City of San Bernardino. - The Mayor and Common Council for the City of San Bernardino. Board Enqineer - 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 Advertisinq 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 Speci- 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-1 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 (lot) 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 ~e 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 lot 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- t MBE and -0- t 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 proj ect 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 interested 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 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-5 '.. ... 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 work 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 hy 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 designated ll!!Jill hOliday falls 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 BrANK ',. .- .- 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 a retrofit of one (1) existing diesel fuel dispensing station at Fire Station #11. 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 BID SPEC: FOO-44 Page I of2 City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO. FOO-44 Fuel Disoensinl! Station Retrofit at Fire Station #11 ITEM DESCRIPTION NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: 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 forth in the left hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID. Description - Scope of Work Bidder's Response This bid request is for one (1) underground fuel dispensing station retrofit to be performed at: Fire Station #11 450 Vanderbilt Way, San Bernardino, CA Bid includes all labor, equipment and materials to perform the following work in accordance with industry standards and in compliance with all federal, state and local laws and regulations. 1. Provide and install portable fencing around construction site. 2. Obtain proper permits from regulatory agencies for the installation of one (1) dispenser box. 3. Remove one (1) existing dispenser from fueling location. 4. Sawcut, break, and remove 6' X 6' area of concrete around Existing dispenser and prepare area for new dispenser pan installation. 5. Take one (1) soil sample from underneath existing dispenser location and send into laboratory for analysis. 6. Provide and install one (1) Bravo (or equal) dispenser contairunent box, complete with flex connectors, safety breakaway valves and penetration fittings. 7. Provide and install one (1) Beaudreau (or equal) stand-alone sump sensor for positive shutdown of dispenser. BID SPEC: FOO-44 Page 2 of2 8. Reinstall piping and existing electrical into dispenser box. Make final connection for electrical to dispenser and connection of product line to dispenser. 9. Perform pressure decay test on product line per regulatory agencies. Water test sump for tightness and test positive shut down function on sensor. 10. Provide and install one (I) vapor sensor and certifY monitor panel for proper operation. II. Perform tank and line integrity test per regulatory agencies. 12. Provide and install concrete in and around dispenser box. 13. Fire-up dispenser and fill out appropriate warranty information (one-year minimum). Provide on-site calibration of meters and submit forms to Weights and Measures if necessary. 14. Clean up and remove all construction debris. 2 I DOCUMENTS 1'0 (ApprOpr.n. R.r:.pjent) CATE 1U.If E REOU I R['iE~TS 2!:R (:! .nv) ,. the &bove-identified prc;ec foresaid contra~: ~iona, inc1111ting r ~ier sub- in whi.c:h he llu contraC1:Or by ~ Se~ioll 5.6(b) {z, en, 'an: 51 .. _Ilded {40 TI.S.C. '11 be S1Ulc:onUar:~ed , corpora~ioll,. r lias a subs~~ia1 Sll&ft~ = any of Cle ipiell~ wi~ ten days af~er by tu.s .abcolltrac=n and t.ion Concerning tabor .~ontr.c=rs. . ..gnc4 are: ON OIlCAHIZCl IN. ftJ; STATE or lZl.TIOlI (llest:rj,N) oITzez 0' eolfJtlJNzn' DZ'VEU ,In COlf1fUNrTY Drvrr.cI'KEIIT .:&x:x Clt.UrT '!tOt: CON7RACTOR'S CERTIFICAtION Ccr.ICE~il~~ LABOR STANDARDS A~D PREVAILING WAG PROJECT l/l.:' :/Q P RCJE:CT llA. ~ 1. The ~dersiqn.d, havinq exe~ted a ccn:ract vith for the cons~~ction ot acknowledqes that: '(al The Labor Suncl&rd. provisions are included in ~he a (b) correction of any infractions of ~he afore.aid condi infra~iona ~ MY ot his subcontr.~or. and any 1_ con~rac~on, i. h.. re.pon..bility: 2. ~. c.~~~ies ~h.~: (a) Nei~her he nor any fim, pennership or ..sociat.ion .ubs:ant.ial interes~ i. designated as an ineligible CCIIIlp~rollar General of ~he United States pIU'_~ = ot the Jle9Ul.~ions of ~lle Secreury ot 1.&bor, 'art 5 or purs~nt = Sec~ion J la) of UIe Davil-I&con ~, 2".-1 (an. (b) No pert of Cle afcnllen~ioned cllfttra~ lias tleen or ~ ~o any .ubcon~rac~or it sgch subcon~aC1:Or or any fira par~er.hip or a'lOcia~ion in ~ch sgch s~ntraC1:O in~ere~ i. designa~ed a. an elegible con~raC1:Or pur atore_nuonac! ngula=ry or .tatgtory provilicms. J. ae aqrees = ob~a.ll a1\4 torvud = the aforuenuoned rec t.."'e exe~~ion of any .abcon~ra~, inc1ud1n9 tho.e exec:U~ed &IIY lover ~ier .ubcon~rac~or., a SubconUac=r'. Certifica S~cl.ard. and .nvail1nq Waqe Ilaquir_nta exec:u~ed by UIe 4. Se ce~.t.e. ~ha~: (al The leqal n&lIle and ~he tll/...ne.. ad4re.. of Cle ~cler Cb) The under'l ned lS: (1) A S-:IlCLE .RO.IUETORSIlIP lJ) A CORPOIIATl (2) A 'AJmlERSHIP (4) ClTHD O~'Jl ,.-/e 2 0/ J Ic) 'rhe ft&M, ~. :.1. .nd .4dre.. ot tJ\. OVfter, paZ'U\.rl or o:~j.c.r. ot :1\. I:nderuqnecl .re: NAME T:n.z UlllllESS I (d) TIM ~I and .*..... ot all other per.OIll. both IInural &Ad corporat.. havu9 a .1l.ll.unUal illunn in tha 1lIIodardvned, &Ad the II&tur. ot tha in:.n.c an rrr no~. .0 .:.:el: lWlE UlDRESS HA~ OF IIl'%1:REST . la) ",. 11_'. .4dn.... and trade cl.IIUicauolI8 of aU OUlar tNj,1d1n9 conaU\aCl:~OIl c:onu.c:or. in wlI1ch the 1IN!udvn.cS ha. . Ill.llnanu&l ~ur.11: an. ( ZL _. 10 .:&:el: lWlE UlDIlESS TIWl! CI.\SSIFII:ATIOII . DAn: ICODer&ceor) . . I)': WARNING u.s. C,.j~Ml Code, SKticm JOJO, rotu. 11, l1o$.e., ,n:wjtl.. Ul ]loIft: .~".r...... ......, ,......, u::e,.1 0" plUlJJ.,.. ~l/ 'U~t, ~Jng the .... = Joe t.J.. ...... .h&JJ be LJ.1WtI IIOt .,,.. th&ll $5,000 01' UlprJ....., IIOt .,,.. th&D t"'D I/H,.., or .!lOch. . CERTIFICATION OF BIOOER REGAROING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS Tllis anlficatlon is lIQIlirC P&nlIIIt to bll:lltiw 0rIW 11241 /30 F. R. t2:lt~25I. n. irnolll'ftlfttmg rIl18. """lnions DlG._ thIt lIlY bicldlror ...1_ I;"" -. or lIlY of !heir Dnla- 'lCllIoIbc:Dmnaan,.II IIItl" en iNtial DIrt of till bid .. NgOtiItlolll of till CDntlKl wMlIMr it ha IlItliciDlUd in eny ~iouI COftIrlCt .. .... _1nCt _jet to tile -..1 oa\llll'lllllity CIIuII: MIS, If 10, wtlaIlIr it ha flllld III CDlIlIIlilna t11lO111 Gut u.- laolicallll iNtruaionL ~ 1hI mnlratioll iIldicat8 thIt 1hIlIidd. ha not filed . CDlftolilnca rlDOr! lllM U......llOlicallle inarI.ctio,., SlctI biclder IfIIII III reouirld to SllIIIlit I CDlIIllIiana rISD" witIIin - calendlr days mar bid 0..... No CDl'IlrICt ...1 be ___ .s..d uni8l1UCf1 PIPIl"l iI &lllmitt& CERTtFICATtON IV IICCEIl 1idl:!.....N_: Addr_ MIS rIP Code: 1. lidd. hu DlrticiDll8d in I cnwious CDIlnet .. SlbCDftna Slltject to till EllUII ~ CIIua. 't'. Cl No 0 (1/ eu.., .. 1". ....Ii/1 &4, _.. reuaI ..-..I.) 2. Cornoliara r~... rlllUna to III fiIC in CDl.. ~Iioft with SICIl -.ct .. SlbCDIllnCC. 't'. Cl No 0 (1/ .....WI' .. 1". iUaU/1 &4. -., renal .eauul.J ~ Siclcl... "". fiI., III CD"'lIl1cna I'IIIWlI duI UI'lclIr .....cable ~ inducll,. SF.tllll. 't'. Cl No 0 No.. RftlYirC 0 C. If -_to item:l iI "'No," III... ....in In dIlaiI.. __.. of tIIis-vticaliot\. CrlJf"lC8tioft - The inforlllllilln..,. II '"" IIllI CDlllOWto till... of Illy 1lrDwl.... MIS belief. __T_"~I"-T,. '-- 0.. TOR.'! 0' lID 101lD KNOW ALL KEN IY TRESE PRESENTS, th.t V" the und.r.1m.d, .. Pr1ncipal, and a. Surety, ar. hereby and firaly bouad unto a. own.r in the penal .ua of for the p.ya.nt of vhich, v.ll .nd truly and .everally b1nd our.elve., our heir., .acce..or. and a"1m.. Sim.d, thi. ,19 to b. ..d., VI h.reby jOintly executor., .daini.trator., d.,. of The cond1tion of the .bov. obl1.ation i. .uch that vber.a. the Principal ha. .ubaitted to a certaln lid, att.ch.d hereto and bereby ..de a part b.reof to enter iato a Coatract la vr1t1nc, for the NOW, '1'B!:IlEFOI!, a. If .aid lid .h.ll be rejected, or ia tbe alteraate, b. If..aid lid .hall be accepted aad tbe Priacipal .hall e.ecute and deli~r a contract in the Fora of contract attached hereto (properly coapleted in accordance witb .aid lid) aad .h.ll furai.b . bond for bi. faithful perforaAace of laid contr.ct, and .b.ll in .11 other re.pec~ perfora tbe OL ..r....at cr..ted by tbe 'ccepta~e .f .aid lid, then tbi. obli..tion .hall be Yoid; otbervi.e, tbe .... .hall r...ia 1a force and effect; it beinl e.pre..ly uader.tood and acreed that the liability of tbe Surety for &By &ad all clataa bereunder ahall, la ao event, exceed the peDal eaouat of tbl. obliCltioo .. herela .tated. The Surety, for value racelYed, hereby atipulate. aad acree.that the obliCltioa. of .aid Surety Ind it. bond .hlll be In ao Yly t.paired or affected by any extea.ion of the :i.. witbin whicb the Owner ..y Iccept .ucb lid; and .Iid Sur.:y doe. hereby w.iv. aotice of aa)' auch e.ten.ion. IW VITXESS VlZIIOF, the Prlacl,.l aDd the Surecy have_hereveco .ec thelr ha.d. aDd ...1., and .uch of th.. a. arc corporatloD' have cau.ed thelr corporate .e.1. to be hereto .fflxed and the.. pre.enc. co be .11.ed by thelr proper offtc.ra, the da, a.d year flrat ..nttoned. Principal (1..5. ) .,. SUI. or- ~r 01' COHHUNrrr Dr'VrlDPKEN'f COIfItUNlrr DEVrlDPHENT .UXX CRAJrr P1tQ..NJf SUBCO~TRACTOR'S CERTIFICATION CONCERNING LABOR STAHOARDS AND PREVAILIN~ WAGE REQUIREMENTS o (A;;ro;r~&c. R.~~;~.nc.): OATE PRCJECT NU~2ER (If &nlJ) PIlO.1ECT N~ /0 The und.rsigne~. having exe~~.~ & ~ontra~~ witb (C:onuac~or or SW:lconuac:or) for (Nacure of Work) in the ADCIunC of $ .n the ~onacru~tion of the &bove-iden~ified proje~~. cer~ifiea ~ha~: (a) The ~r St.anc!&rda Proviaiona of The C:on~ra~ For Cons~ru~ion are included in ~he afor.aai~ con~ra~~. . (D) Neicher he nor any fira. corpora cion. par~nerahip or aaaocia~ion in which he has a aW:la~an~ial int.res~ ia aeaignated aa an inel1vibl. contra~r by ~he Coaptrolle~ General of tbe United Sca~ea pura\l&n~ ~ Sec~ion 5.60eb) of the Regulations of tbe Secrnary of t.ao=. Pare 5 (21 cn, Pan 5), or plaauan~ ~o Se~cion 3ea) of tbe navia-Bacon Ac:C, aa amended (4Q V.S.C. 27&.-2(a)). (cl No ~ of ~he afor_ncioned contra~ haa been or will be .W:Iconcrac~ed ~ any sWlcontrac:ccir if .lICh aWlcon~ractOr or any fim, co%pOrauon, partner.hip or aaaocia~ion in which allCh subcontrac~r haa a .Ubacan~ial in~ere.t in deaigna~ed aa an ineligible conua~~r purauan~ 'to t.he afore.aid re9\ilatory or .ta~u~ry proviaiona. He agreea ~ ODcain and forv&J:d 'to ~e conuac~r, ror u~ttal ~ t.he recipient. vit!U.1l ten daya after the ue~tion of any 10ller .Wlconua~, a SWlcontrac~r'a - C:ertification CClncernin9 %.&Dor S~andar4. and PrevailiAv Wa;e Ilaquir_nta. executed ):)y ~e lower tier' sWlcontra~r, in 4uplica~e. (al The voraan wiU rapen for du:y 01\ or &bo~ ttl&~el I. He cert.1fies that: ea) The le9&1 _ and tbe Dusineaa ad4re.. of the undersigned are: CD) The unaerai ned is: (1) A SINC1.E PIlOPJUETORSHIP: Ul A C:OUOJlA:'I;)N OllaNI:E%l IN ':E STAT:: or: (:Zl A PAJlTNE5HIP (41 cmID ORGANIZATION CDescri.be) l~) ~e ~, ~~le and .oor... of ~~e owner, p.r:ner. or off~~er. of ~he under.lqned .re' . NAKE TInE AtltlR!:SS . leS) '%'h.~. and addre.... of .11 o~.r per.ons, bo~ M~ural and ~orpor.u, hav~ll9 . .ub.~~~.l in~.r..~ in ~. under.igned, and the Mtur.O! the int.re.t .re (II no~ so atat.). . NAME I Al)tlR!:SS NATURE OF IN'TEIlEST . Ie) Th. ~., .adze.... and tr.de ~1...1fi=at1ona of .11 other build1nq con.~~on con~r,c:ulrs 111 wl\ich the W1der.i91led has a auba~~l 1nun.t an (11 none, so a:ate : NAME AmlRESS TIWlE C1.ASSIFICATlOll . ISybcontr.~~r) - 8y (S~9M~ur.) ('1'ype4 .... and Title) ~ARMING U.S. Crimjn.al Cod., S.c::ion lOlO, ".tU. J', r/.S.C., provi.d.. .In pan: .1Il>>ev.r,..... ..1:.., ~.ea, utters, or publi..ehr. 00111 .UC_nC, luIotti.1I9 the .... to be t.l....... .balJ be tined IIOt _re than '5,000 or ~pr.t.-.llIOt _re CIaan Cwo 1I..r, or boCJI.- . . .... ._- \, - . . CERTI FI c:.t. TION BY PROPOSED SUICONTRACTOR REG.+.ItDING EQUAL EMPLOYMENT OPPORTUNln ..-c or _1"1 co. ..., TO. ..."'cc" .... IIIST.UC:TIOIIS Tloi, eenilie.,i.. i, ....i..; ""111..'1. EUeuli.. Orie, 11246 (30 F .R. 12319.25). The i.,I....'ia. ",I., .- .....I..i..' ,....iie ..., ..., ~ii4., .. ,...,.et... e_'reel", .. ..., .I,h.i, ,..,.," lII~e'RtrK'.', wll.t". .. _ illiti.1 ,.,. .1 the 1Ii4 " ....tilli... .1 tM e_treet ."M' i, h.. ,..'iei,,," iR ..y ,...i..., e..,NC' .. .... e..tr.et lII~i.e' .. .. ....1 .,,...,,,,,,,, el.....: ..4, il '" wh..h.. i' h.. Iii" .11 e..,Ii..e. ..,.n. ... IR4.. .,,1 ie..I.. i..,,,,"i... ."... the e....ilie..i.. i.ie".. thlt 'M .utelll'rec,,, .... "" Iii" . c..,lilllc, ,.,.,. ... ...... ."IiCl~I. i.. ._tiM'. IIIch lllieM'rect" ....11 .. ,...n" ,. III_"I . ce.,li_. ..,.,. "I.. .. ..... ....-, ... ... c..trac, .. ,...ill _k .. ....iR ... .... llliellltrac,. SUICOIIT..CTO.'S C..'''.C.''OIl Suie""reel"" ~: A44,u.: 1. lioW.... partici"," i. . ,....i... C..t,IC' .. llie"'reel ...~ilCt .. tM E.,.I OJ,.rt..i" 0..... T.. CJ Me CJ 2. C..,li..ce,.,.,.. _. ....i..; I. .. Iii" ill _cti.. wi.. lllcil e_ttICI .. ..Ilaatreet. T.. CJ Me CJ 3. liOW...... Iii" all e_li_e. ,.,.,.. ... _Nt ."liaW. ..'"'cti.... illCl0r4ilf 5F.1OQ. r.. CJ Me CJ ..... R...i.... CJ 4. If ....., .. i_ 3 i. .....,.. ,I.... ..,J.i. . ",_I .. _II ,i. .1 tIli. Clftiliat_ c.rtilie"i.. - Tlo. .1_li.. ...... i, _ ..4 e_,I... Ie the .... ef .,. __1"-, ... "lief. ..... .... TI y~.. ... ...... ,,...... r",., ..... TU.. ..y& l~l~ 3 cuun I 135.20 AIInr_c. of c~l1..c. with r.plaU.... (.) Ev.ry contr.ct or .Ir....nt for. Ir.nt. loan. .ub.idy. or oth.r dir.ct fi.anci.l ...i.tanc. i. .id of hou.inl. urb.n p1anninl. dev.lop.ent. r.d.v.10pe.nt. or r.nev.1. public or co..unity faciliti... .nd n.v c..-unity develope.nt. .nt.r.d into by the Dep.rtaent of Hou.inl .nd Urb.. Developeent vith re.pect to . ..ction 3 cover.d proj.ct .h.ll cont.in provl.lon. r.qulrlnl the .pplic..t or r.clpl.nt to c.rry out the provl.ioa. of ..ctlon 3. tbe r.cul.tlon. ..t forth In thl. p.rt, .nd any appllc.bl. rul.. and ord.r. of tb. D.part..nt 1..u.d th.r.und.r prlor to .pprova1 of it. application for ...i.tance for a ..ction 3 cov.r.d proj.ct. (b) Every .~~lic.tion. r.ci~ient. contr.ctial ~arty. contractor. .nd .ubcontr.ctor .h.ll incor~r.t., or c.u.. to b. incorpor.t.d. in all contr.ct. for vork in connection vith . ..ction 3 covered ~ro~.ct. the follovinl cl.u.. (r.f.rr.d to .. . ..ction 3 c1.u..). .. Th. work to be perfo:.ed uad.r thl. contract i. .. . proj.ct ...1.t.. UD..r a prolr.. provldlal dlr.ct '.d.r.1 fia.ncl.1 ...1.t.ac. fr~ tti. Dep.rt..at of Bou.l.1 .n. Urba. Dev.lo,...t ... i. .ubj.ct to th. r.qulreac.t. of ..cti.. 3 of th. Bou.l.1 .nd Urb.. Dev.lopee.t Act of 1961, .. ......d. 12 V.S.C. 1701u. S.ction 3 r.qulr.. th.t to the .re.t..t IKt.Dt f...ib1. opportunltl.. for tr.ialnl ..d ..,lo,...t be .1v.a lower i.c... r..id.Dt. of the proj.ct .r.. ..d cODtr.ct. for work ia conn.ctlon witb the proj.ct )e .v.rd.d to bu.la... conc.rn. whlch .re 10c.t.d ia. or ova.. ia aub.t.ati.l part by per.o.. r..l.i.. tD the .re. of the proj.ct. a. The partl.. to thi. contr.ct vill c..,ly vith the provl.lon. of ..i. ..ctlon 3 'Dd th. r.cul.tloa. 1..u.' pur.uent th.reto by the Secr.t.ry of Boudal 'D' Urb.. IIndo,..at ..t forth ia 24 en 135. .Dd .11 .,,11c.b1. ru1.. .a' order. of the Depart..at illu.. th.r.uader-prior to the .K.Cution of thh contract. The parU.. to thh contr.ct c.rtify _. ..re. that they .r. und.r DO contr.ctu.l or otber .i..bl11ty which voul' prev.at th.. fr~ c~p1yia. vith th... r.qulr....t.. C. Th. contractor will .... to ..ch 1.bor orl.ab.Uon or r.pr....t.th. of work.r. vith vhlcb be hi. . col1.ctiv. b.rl.1Dial .lr....Dt or oth.r cODtraC~ or uDd.r.t.ndlDI, lf lilY, a Dotic. .dvl.1.S the .ai. labor or..nlz.tlon or work.r.' repr....t.ti.. of hi. c...it...t. va'.r thl. ..ction 3 dau.. ... .hall polt copl.. of th. 1Iotic. i1l con.picuou. pl.c.. ...11.hl. to ..,loy... .ad ."llclllt. for ..p10"'1It or tralalal. D. Th. c..tr.ctor will iac1u.. thi. ..ctlon 3 cl.u.. 111 ...ry .ubcontract for work 111 cona.ctlon vith tb. proj.ct a1l. vl11. at the 'irection of the applicaat for or r.clpl.at of '.d.r.l fl11&1Icl.1 ...i.ta1lc.. t.t. .ppropri.t. action pur.u..t to the .ubcontr.ct upoa a fla.l.. that the .ubcontr.ctor i. iD vio1.uon of r.p1otlon. h.ued by the Secr.tary of BoudDS alUS Vrba De..10pBI1lt, 24 CFI Jl!. Th. co.tr.ctor vl11 DOt .ubcontr.ct vitb aay .ubc01luactor wh.n it hi. aoUce or kD_1..S. that the 1.tter hat b..D fOU1\. iD vl01.uon of reculaUon. UDder 24 era Jl! aa. v111 DOt 1.t uy .ubcoDtract u.l... the .ubcontr.ctor hi. fir.t pro.id.. it vith a prel1alnary .tat...at of abl1ity to coaply vltb tb. r.quir"'Dt. of th... r.cul.tioD', a. C~liaftce wlth the provl.loa. of eection 3, the r.~latiOft' ..t forth ill 24 CFa ill. and aU applicabl. nale. and orde.. of the Depart_nt h.ued thereulld.r ,rior to the ...cutlon of the contr.ct, .hell be a conditioll of the '.deral fillallcial a..i.tanc. provided to the ,roJect, billdilll UpOIl the a,pllcallt or r.ci,iellt for .uch a..l.tallc., it. .ucc...or., alld a..llll.. Failur. to fulfll1 the.. require.ent. .h.ll .ubJ.ct the .pplic.nt or reclplent, it. cOlltr.ctor. alld .ubcontr.ctor., it. .ucce..or., .lId ...1111. to tho.e .allctioD. .paclfled by the Irant or 10.11 .Ir....llt or cODtr.ct throulh which Fed.r.l ...ilt.Dce i. provid.d, .nd to .uch .anctloll. a. .r. .pacifi.d by 24 en.ill. I ~.rtify that I ha.e read the S.ction 3 Clau.. alld .cree to c~pl1 with tbe prov1.ionl contailled ther.ill. Dat. SiCUtun eo.pallY .... Addn.. - j 0 I z . 0 C Q .. ! . ,~ > :11 '''' CJ ..: Ie - ... Q .. ~ .. WI D ... 0 .. ..: 0 - ~ c WI .. CJ II I~ ~ Q Z It a:: c :! G. 11'1 Ii en :IE ~ VI I~ CJ - .. c .. ~ , a:: ~ ~ - ~ z ~ 0 - I 0 - II 0 .. >- CJ ~ ~ III - C ." 0 II IJ I .. II . ; 0 Cl .. c:: .. - .. - Q . - . i - C ! .. II ~ .. L C 11'1 :IE VI e u .. c .. as 0 - - c. c .. c. CD 0 . la E = - .. .. 0 0 u . I eft .. .. .. (.) .5af = u "CS 0 'I .. ! c "CS 0 I 0 .. >- .. .. I- U . .. II C I- .. - c c - as - CD - ." .. - 0 .. Q .. II o 0 > .. ~ c - (.)(.) ~ .. c = .. .2 - - 0 i - 0 ~ .. .. II .E - (.) - ;;: :IE .. i .. - I ~ c 0 .. II 'I ~ j :. E i ~ i u ~ i , fit. rIll Ij Ii i . J - " '1 ~! .. f!tli n j! : r"' ;'i I . J C i .1 I a hi; s Ir:~. Il.e .. f .. .. .. .. ; . I . .. I j j . I 1 ~ ~ ... ft. .. I 1 i - . f i .. ~ 1 . ~ .I. 1 .. . . ~ ci I ! .. ~ . ., .f l i : I I - - .. . c .. .. . .! .. ; · E . . J = . c I 1 i ~ ! J - z :: .. . . .. . ; 1 ~ a .. ; ~ I 1 1 ; i - .. - · 11 ! ! Cl ., J -I i I : t .. ! E .. t .. t j t t . I..:! ; . I ~ 1 . i ! ': I .. J : : .. ... . . 'I J I ; '! .. ! i f I .. I i - - I f i 2 I I I I cc : I ~ . cc . 1} I t I I i . ~ I II f Jif J i f I' .. ! & e I t: f II . .. "' .. I .. .. , - II: I D. f ~ J -:t :Os a ! .. ~, 1 .. .. q - . .. T ! 1 .. J 0 .. z - ~ c 1 WI .. - c .. .. ~ ~ .. .. i . i .. .. 0 i ! I WI .. ~ ~! ~I :t ;jH 1. c III IVI u i'" c .. -X 0 .. ~..- ... c :t J II: .. C .. 0 ~ WI .. ~ .. . . Z Cl j III I c ! .. lilt ~ u .. I t ,i IVI .. Ii .. c"_ c J r . j 1 .. j - J .. WI .. .. .. j ~ .. Cl j I f .. .. .. f .. c c .. e .. .. f .. . .. . oo~ ~ 1 c .. a .. .. -) I I - >>5 . j . I .. .. =. .s - I - " .oo a.. u ;: i . . -- "S II .. . Jl . .e Ijoo ~~ - u C . J! J E 11.. . KU "'i .. o!!! III . .. . U III C L ~ III , - i I -! .:: INSTRUCTIONS FOR COM'LETING CONTRACT COM'LIANCE Q\JALIFY'NG IlEI'OIlT .10. CATlGOII'l' C'" .. .... COfftOl.'ICI'et ,II1111ft .D cat......., of ........... 0..........: .."'.......,....". Occu..,..,., -""" '....,. "'II ............ ...... ...e..... 'atrc.. .....1I r"'~I1" t. ...wllOft ot ,..... OO:Ctft. ..tel lIfl6_ .~, ...,......." . I IDKII' ~ Of tftlI CO"" .Ut'., ........... or .,..... ......". .,...,11""" Oft . ""AieI. tMtflCl Of .11 ...... IflaCtt.I...: ..,.1.... ......, ........ ...."".,., ".... -"I'.......L .......... ......"..... ...IDICI..... .... .......... .....WL '..1........: OcC....... -"Cft ...... .-c"I"" .... ,h'-,'cal ........... -"CflI . ........Y ........ t"'~ ........ II........' ... ,,".... ....., ..........n .... .."" "..""" ....... ........ ce....... 1I.4 .4"'. IN:...., ..,................, '............11...... ...,........... ....,,, DIYC........... '.."..... ""'.... ......... ...,c.... """"1. "'....... ~" KC.........fL ....,....,. ............... ..... .0:......1 '.........._ n""....1. ......., . ....."UC;...... .... ......,.. ....,Il." Tee.......: 0ccuaM..- ....,.. ....... . c........,.... .f ... K....'.hc .. II'CIMMCIII ........... .... ...."UII ...11 ...eft Uft _ ..u.... .",.,,'" .......... ...,........,. KftOOI eouca.... ., '"~''' ..,....... ........ v...... IRCI~. c....... .......,..,.." MtI """0"" ..t......... 1:.1.......,.1. Ie..... 11'.101 .."... ................ '.... ........ 1ft"",", eU..."atWL "......., ............ IICftnc..... .......... a..-u., 1tK!'.... ..,.., ........ ........ ........ ... .......... ...,...... s.1eI: Occ_._ .. _ .... at ef ....... _.. _, ..c........ .t ....... .t ...., II..... . .f ....IC'II f. .. ...... .- .f _AiI'Y ., ... ....-. ....... ___ 0.. I~.." . . ".....,........, ... .........,... -.... ...... ....... 0".. .... ca..iUf: ~,_ '" ........ _II'" .. 'W.I II ...Ad\. 'or ""erNI .. ....... .......,......... ........... .."..... .t .u ....,. "'............. .... .._ r . ......Ill ,...... .. ... oUa. ."C.~. ............. M'I'WUf-. ."in ~ ___ ..... C'''-'' ''''''1. ~...-rs. 1Ut..,tCaI ....... _~ ........ C....I. "'ftM ....... ...,.. ........ ",IIWL Sl......: Oecu........ '" .-ell _II'" ......... ... __ '"",'" ....' ......... .".. . ...~ .... C8f1Wr..... - ... .......... ., ,tw ...... .......... '" 1M... .... " -.. ~ ,,,....... ....'''..- ".."'... ........... """"'" ......'..... - at..., t........ "........ .....___ lReIYen' ....."ft.Men ..... ....""". etICt,....... ....,. .............'" ooer....". ........,., .,. _ .. ...... 1ftM'IWI.... ecc"........ car.......... .... .... .l_.... ... ..,......... .... ......... ........ 0Nr.... 1S......ilNifl: Occu..,... 1ft ....... ..,.., .. ......, ........ .. ...... "'''-111 ...,. .... '..." .., ......... ....."..... .."'..... . ........... L......' lUfM,d.",: 0"""1101\, ... -"eft. ...,fIl... ......,-, , ...,.-t" of ...""". ...,. ... 'fl, ....'''.IfIl..... '..... '''CI COl'Il....C..... of ..."'....... ..,dO."". .... ..__... fac....... ,.. ",........ ..... -"0 ..,. ""..,.... to. .... .... ......,.'0'_ ..,. f.. ....... ........1Ift . "... s..... w......: OcCV......11A -"Cf\ ....'" ....f.... .".., ....cll '''''It '" . COft'"eu.. to "'. CO"'..". c............ ...no .... c.. .t ~.... feah'... Or pou..... .f .....C ......... ""-'."'1 1ft ,ft. F8WO "'-" ....... fII\IC""'IfY. .ftCl....: ....ff...,.. ..".... Pel ory cte....,.. ............. "1ICa ....,. _ .....L ~... ......... CW,...... .....,.... ......., .... ..........-n. ,...... ......... .,.awe._lIIt """L II. CUIIIlENT WOIIIl 'OIlCI T.." CM....' II . ........ .... ....,..., CWfWft. ............... ........ A T.... 1M..... .r .....,...,...: T.. ....,8.:_ II .. ,... .... .... '0.11 ........... .r ........ AI""''''' ........... ... UCft ... UI..... .. .__.'IW _.... .. .. _ nit _....._....... .&.....al....l"'...........~ f..... ...a...... C. M......c: TIw ......... ill . ... .... &11ft..., ~ .t .Jfl4....~.f M...,..... 1ft........ 11'1.......... NCf\ jeCl'~' O. A_......ie I~: TIW .......... .. .. _ .... C"",,,,' ....., .f ..........1 of A." ., '&tic ...... ..... 1ft - _ WI __ fer _ iMlU--.r. I. A__'_ .. A_ III.....: T11e _".... ........ ,.. ........ ..."..., of ....... : ~ . ...... ...,... &J1.,J11..,I__ 1ft .. _ 11ft ........ ' " .... ... a....... .. T_ .._: TIW ..._ Ie.. _ WI _ _ .. ..... ...... .. . ....... .. --. die ."..... "'..~.. .f ...... M-. A_. ''''ie ._. A_ 1_. _ ......... ....... .lfIIIll.I1......IIft.. 1M ...., ...,...... _~fnI... G. T__.lft__iII___..."....... .... .. .... ........ .f __.. ...... ........ ...Jl~,." '" .0 .. UIeIIIfY. _ III. UIIIDElllll"L.IZAT.OlII T. ....... .........., ---.,........ ....... . __"ee_ ....... ...,...... ........... 1M ....... ........... ........... .... ....... ....... .,rceft....- ... .... _ ctaultlQ..... .. .... ...... .... .......,.. .. n....... '" ..... ........... AhIr ......... ..... ............. ... '*""'" ...... --.. " .'ItIIJIr. ../S......... ............ .-..... _ "_"J .Of.... ~......y. IV. ANTICIPATED M'"II11G TIle "'''lCIer ..... ..... .. ......... .f ........... lIt. cern'", ...... . .... "'11 . ..,..... .........., .... '....11111\4...11 fer _ ... .......... I AFFIRMATIVE. nON POL.ICY FOR CONTRACTO. AND VENDORS N_ of Co,.tr__ ..D... rllia .11n ro dfl~ I.. .u.""rr of I .ro.r= ..t .~ual .,,1 o,...n r ......reunlty. Ind eo ...ure c...llloc. wlrll talcurlv. Ord.r. 112.' Ind 1lJ;~. Iltl. VII of tft. Civil ll&llr. Act 01 1".. S'CeIDn ~OJ ~1 rll. l.III"llltltlon ~cr 01 1.73: tll. C.litorftll Fair t..l..~nr Pract~c. ACt. Ind ell. 10PI.acnrln. .ntlt~'. All1f1Urlv. ACtion C""'Illllnct Pro;rlo. IIIlS contractor ".r... to a..orr l..d.nlllp wlehln rll. CO~4;niey Ind to .ut lortll .OCHI hltll .ffortl ro IC:".'" lull .0.lo~nt Ind urlll:otlon 01 tll. U~I"llill.. a.i: ,rOllK:lvlC)' of &11 our Cltl:IIlS wlCftouc r.;.ard co r.",. .... color, ..a, rel1,:"Oft, .nce.cr)', n.t~o~~ orl;ln. ..rlell Itlru., or IIlndlelp. Thil contrae:o' IwnlI., ..co9"i.1I INI III. tfflCl... .llllIielll... of . DDlicy .f __I ."'pI..'....ftl oODo'IUft.!\' iftvol... "'0," VIlli jusl . pOlley IU_"1 ilia _II, 111.,.10... .....rt.... affi",,"t... lei.... to -... .....- !/\II 'lIllll .0110"""11"1 .... WllllDlt 01\ Ill. IIIUI'DI ,"ctivia",1 "'tnl. .nellD -'1ft 1OV.1IC."",ttl.. 111'" ~ The 1011_", Atfi.....li.. .leU.. i'r09f.... is .....lIV nulllillltct IS lIle policy and DtIC".ICn .f "", -""Y: '"urucliDl\S: '"diClIl ,ou, lIoIicy ~ circtinl lIle .lIPliCllbll line, 10 tN 11ft .f UCII iWlll lltIow. The Iont" It. 10 lit Iflllrpt.l.ct IS follOWS: A. 'This iI _ . IltlCtiCl .f .." Com_,. I. 011, ConIDI"Y wi_in lIIis policy, ~ Ou, ConI..ft, ClMot Dt willllOIICloDt tl\is DDlicy. II-=- iI circltcl. ..plain ..1SllIL UII ""'111 SI\ftt if "ilioftll _ is ~ Cirel. I h_ en. I. Ou, CDIll..IIV II1II1 OKNn IIICI hi,. III _1_ willlOul ........ . '1Ca. .... CIIIor. _. -.li.OII, _!tV. A ...li....1 01".", ....nUl ItllUS ., lYftOiCID. _ will ""I III __ 1lIYIII, in rtIIMCl . __1_ Incl o__lia fD' Ictv_1. IIIC!"'", ulIFlClin9 1IlCI..-_ I C EA/iIUl -c- - 2. Our CIlII\D.IIV will 1Crivel, __i_r _ ..... . _111&._..1.-1", _-. 11lII1CIl00l1 WIIIiclI A "".. . lICIIicy .1 re'.rriI\t _I_II .. I ~C;''MIIliIll&ory ..... I C E.- -=- :L Our a-.sy will dil..",illlu its ""i",,"live taioII pOlicy _rI\III, lIV in."""",, IIIClllilClAli", il WIlli II. A rocruo_1 Mural. 1IY -lIII"9 in - ....... ..olicllly iIlcIuctint !IIi_IV _ _IN. _ lIV 1ICr.I,,"", IIlCI discuu""l lIlO lICIIicY WIlli III IocII "'~IV. Nftdiall8llf IIlll _"'1 .......11110... ..... . IUDc"UICIOI'I _ II1II. _111ft __I .f lIle ....lIiu_. ~II -- C EAPI_ -r:- 'C. Ou, -II_ sIuoIl ....k. lOfti.ic Iftd c_rMI IlIInOllll, -hilt\, ...- ..II recrui_l tll.n' di'tCltct .1111 A IocII lIlitlanlV, .....diupllllcl. Illd _'I "1M'I.ll_. ",ucI", 1CI\ooIs. 1lICNi_1 IIICI VI''''''' .......ali-. . C I r.,.,_ -c- APPENDIX I Cat....rv ContrKlO" ..celll Construction ,""nCtIllI BllSin_ Lout.on SIn Be,n.,Cl.no CounlY GIIII . ',nlY Witll R.wers.cIe . SIn B"n"o,no . On",.o S. M. S. A. ConlrlCtOrs IIClIII conslrucl'on Wilh,n Los Ar.geltl. Long RICII. O"nge IIlll SIn Oit,. S. M. S. A. LocII S. M. S. A. . Co'ur~:;n ...;apt Con.ItUCl.~ \lJi:.~.~ :';.:ot:\u. e:..t ".at Sr. i.:....,oa:':~. Orll"lI. i.os An~.tS. SIr. Cit;o S. M. S. A. Art. 1IuI._ IOUltd. IInlno "- offias in R",,"icle . SIn BerNInlino . Clrtll,ia S. M. S. A. _ IIlen ptrllY _ .. Nil""" 2 _. c.:a.-::~&C":.an a;,c:c;:. c=:tS~..~ O.at.Wi ~if;r:w Princillli piKa of tlusInns :Cr. ~:a.:-.c=" eollCl::n c~r.aI.n.C"'.icn ."'Jo. ~ Iliff IIIl'IIY WI::: R;_~. . s..., iI....,.rOino. 01::"'0 ~ 3.~. 50 A. ConslructlO/l ~:'G:n'Kton N/A Po""",. . Sotn Be"",e""o . Onll,oo S. M. S. A. GQAa FOR WOMEN IN CONSTAUCTION Or. A:;,:.: : 7. :.78. :1".. ;je;llrtmer:: of ~. Office lit F_II ConIl'Kl ComplitllCt "",l1li ":IlIi''-"\tc: 10111 to:- :1'.. ;lA:tICiIl&I.Dr: of -" in .. _1rUCtIOn ....Uy. n... ..... "'icn IbIlIIIIO'Y 10 .. _If torcl .....1. CllftOF.... Ct."," IIoiIll. llMIiPCnft'-"olll. _ ... f0l1owi"l' 'Time F,_ GoeII Ii" Percent) April 1. 1171- MtrdI :11. 1171 3.1 Aprd 1. 1171- MtrCII31. 1110 5.0 April 1. 1110 - Mtrdl31. ,., LI ru Oow . S- A . C ...nn Ow, __ ....11 ....... ... ..fe .,f.." to ..._,... ........1 ~tY. '- .Jic.a~...e _ _........... to 1ft"'" "'.., .'.......1 INt. rt...n.es ..... IU'.. ........... .,...., .... .r ",.ftOflrt. ......,&C.IOOI'CI or ~ EApUItt -C- I. 0.., COmN"Y ";11 ....,"1"" . iii. of lIlI ...mes ..-cl 1Cld,"... .f .acIl mi".ritY 'OOli""I'rlCl ,."'11. A 'OOliCl"1 ,.1''''0 10 "" COftlN"., f., '"""" '"0 " I". 'OOhC'''1 " nol consilll,1ICl 'A' '"'01.,....."1 0' .... nOI''''OlOYtCl. Ill. CD'"N".,'I hi. 1"...10 oocu",.nl IIlaI .na Ill. .......IIIlI..lor. . c A . c A . c EAP/1IIt -C- 7. Cur c.,.1l7 .haU noUfy ell. _l._Unl IIIUey Contrace Coepl1Anc. Off1clr """" eh. ...lOft .r un1on. v1e1l "". .ur c.,...,. haa a coU.CU" _ar1l1ll1DI 'P'I_De IInl DOC rdarrllCl CD eIlI cDllplfly . ainoriey, ban1UC&IIINIl1, OT f...11 ..rklr "DC fOT IIy ell. CDr,l...,. .r elll coapa",. baa .Cher 1IIforuuOII Cbae elM UDiOII refarnl ,roc... baa lape... CM coapany" .ffore CD ...e Ch. ..e.Dli.h.. 1011. .f .ffiruei.. ~1OD. E..III_ -C- L 0.., _"., ";1/ actiftly tau IIItIS to in""." ."., _a-. IlII11""""D . 1Il1llt Iocau_ ....0 ..... no _ or _'lIn or ... __ suffecl ...1Il _ JllnlCUlar ..- E._ -C- t. Our c__ l1li/1 i...,.. 1IIa1 all -1IIovw ~fiuu-. MIIc1iIlfl_i_1I1I. -.Ifld.r......_ A fW!:NiCftllftI. ......._ 11<_"''''' _ lIiIa'R\AlII8 apiftllllli~_ ........'fullld,. lIr __ c A . c . c A . 1q/4M -C- 10. WIle.. .._ilia. - -.allY II\Ill ....OIIlIr fi_ ....lIlI-iotIsrainiftt _iriellfld IN"iciNII and lllial ill ...., __ or .......,.. .- IrIini,. pr._ ..leYanl to \Ill -..ny.I......oy.. MIClL IApJ_ -c- n. Our C01flIllllY 1l1li1 clIfllitlUllly ......1.,., IIId ...._ IIIIlliDOrity. lllnclia~ Ifld lelllll. IIIrsoMel .. promo"on _"'1111 _ _r. IIlIflOrl1Y IflCI ....... .mploytn to _ IUClI OlllIO'IUniun. I 1..1IIM11 -C- .. -....-... 1- 0... 12. Ou< como...., -, -.. .... ..., -'onty pr.,lCn. .11 a....lc.......'. fa,,, 01 fNY. _ Oll\er 10"", 01 A CO"'""I~h..,. ..... 0'"'' ftftD'O"Ift IWK'lICR ..., Clft.i'tc.ali..., .. .., ..... ., u"''''wUy o.lC""""..ory .U..IOtl ",l\CIc.DDed. """onlY .r .._ ....pI.,..... I C Ezpl_ -e- I~. Our CDr."l;a,fty ..II ""... "nl'ft 1".1 '" '"i1iun no"",lIy una CDflCU',."Uy by III cO,"~"y ICliyuin ,r, A ftOIllrt"9~llll. I C Ezpl,lIl -C. Our ..--7 'Mll ..... cenaUl eMe aU '''''.on.racco~ are ill clIIIp I unc. "1tll tIl. A 14. AfUINu.,e AcUon tGIIplunce PI.n 01 .11. illpl_Uq ....ie, . .... 111&. aU proj..t ......ontr...or. ~... an appr...d Affi"'Ati.. Action Plan. I . C Ezp/UI ""c- . . 15. Our ......_ _ lDIici. 1Iic1s 'or wile.......... tram ftIitoonty IUXottUKton .... "1NIe IllI1Cof\IrKtOf'l A sulljrc' '0 ...Ii_IY. I C E_ ""c- . - 150 Our .....111..,. l1l&I1 ..... ftOf\' 1Iff0l! to pr..,;.. 8tur .."... 111_ _ "..tion _Dlov-n. to "';"';IY A YOUVIL I C EqI_ -e- 17.Our ..-po..,. &11&11 conU_U, _iter all per'_l "Untie. co illSun e~e tile A t.p1_UIlI eIlUt)". AIUnaU.. Action h11., ler c:..raccora &IlcI VeMon U carr,.. .... I C E.~ ""c- o... '-- n.. - C:UTITtCATIOll or COK!'LIAHC! WITII An An VA!!:" ACTS (Applicabl. to r.d.rally allilt.d conltruction contractl and r.lat.d .ubcontractl ..c..dinl SlOO,OOO) ~r1nl the perfo~nc. of thil contract. the contractor and all lubcontractor. Ihall c~ply with the r.quire..nt. of the Clean Air Act. a. ..-nded. 42 ose 1857 .t ..q.. the F.d.ral Vat.r Pollution Control Act, a. a..nd.d. 33 use 1251 et ..q.. and the r.rulationl of the !nv1ronaental Prot.ct1on AI.ncy with r..pect th.r.to. at 40 CTl Part 15. a. ...nd.d. .a Execut;ve Oroer 11738. In addit10n to the foreloinl r.quir...nt., all non....pt contractor. and .ubcontractor. .hall furni.h to the own.r. the followinl' (1) A .tipulation by the Contractor or .ubcontractor., that any facility to be utili..d 1n the perforaanc. of any non....pt contract or .ubcontract, i. not li.t.d on th. Li.t of Violltinl Flcilit1.. t..u.d by th. IDvironaentll Prot.ction AI.ncy (E'A) pur.uant to 40 ~ 15.20. (2) Alr....nt by th. contrlctor to c~ly vith III the r.quir...nt. of S.ction 114 of th. CI.ln Air Act, a. ...nd.d, (42 VSC IIS7c-l) Ind S.ction 301 of th. F.d.ral Vlt.r Pollution Control Act, a. ...nd.d, (33 use 1311) relatinl to in.pectlon, 8Oftltorlnl, .ntry, report. Ind lnforaation, al veIl I' III oth.r r.quir...ntl lpecifl.d in .aid S.ction 114 and S.ctlon 301, and all r,culltlonl and Juld.lin.1 lllu.d th.reunder. (J) A IUpullUon that al I condi.10ll for th. avlrd of th. cOlltrlct, _pr~pt notlc. viII be Ilv.n of any notlflcatlon rec.lv.d fro. th. Dir.ctor, Offic. of ,.d.ral Actlvitl.., !PA, lndieatlnl tbat a flclllty utiliz.d, or to b. utll1z.d for tbe contract, il gad.r con.id.ration to be lilt.d on the ErA Lilt of Vlolatinl 'acilitl... (4) Alr....nt by th. CoDtractor that he viII includ., or caul' to be includ.d, the crlt.rll and requlr...ntl in paralrlph (1) throulh (4) of thia ..ctlon 111 .v.ry _.ll...t lubcontract and requlrlq that .th. Contractor viII take luch action a. tbe Coveraaent ..y direct .. I ..In. of enforclnl nch prO"f'll1on.. I certify that I hay. read th. Certlflcation of C~llance vlth Air and Vater Acta, and air.. to c~ly vlth tbe provl11onl contalned ther.ln. Sllft&tura Dat. e~any Il_ Addr... 'ORM 0, PER.ORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we a nerelnafter called '?rlnclpal- and hereinafter held and fIrmly bound unto called tne State of Surety", ar-e of . in tne pena 1 sum of Dollars ($ ) in lawful money of tnese Un1ted States, for- the payment of wnlch sum well and tr-uly to be made, we bind ourselves, our- heir-s, executors, administrators and successor-s, jointly and severally, firmly by these presents. Owner" nerel nafter ca 1 J ea THE CONDITIONS OF THIS OBLIGATION is SUCh that Wher-eas, the Pr-fncipal enter-ed into a cer-Uin contr-act with the owner-, dated the. day of ,19 ,a copy of which is her-eto attached and maae a par-t hereof for the co.nstruction of: NOW, THEREFORE. if the Principal shall weli, truly and faithfully per-for-m its duties. all the undertakings, covenants, ter-ms. cond iti ons. and agreements of $I i d contract duri ng the ori gi nal term thereof, and any extensions thereof which lDay be granted by the Owner, with or without notice to the Surety, and if he .shall satisfy all claims and demands incurred under Such contract, and snall fully indemnify and sne harlDless the Owner from all costs and damages whi ch it may suffer by reason of failure to do so. and shall reimburse and repay the Owner all outlay and upense whiCh the owner lDay incur in making gOOd any default, then this obligation shall be void; otherwise. to remain in full force and effect. PROVIDED. FURTHER that the said Surety. for value received.hereby stipulates and agrees that no change. extension of time. alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompany. ing the same Shall in anywise affect its Obligation on this bond. and it does hereby waive notice o~ any such Change. extension of tim.. alteration or addition to the t.rms of the Contract or to the work or to the SpeCifications. PROVIDED. FURTHER, that no final s.ttl.ment the Contractor shall abridg. the right hereunder. whose claim may b. unsatisfied. between the Owner and of any beneficiary IN WITNESS WHEREO coun~erpar~s. eac~ one ~~e day of ~his ins~ru::len~ is e .:u~ed in six (6) of w~ic~ shall be deemed an original. this' 19 - i'rlnClpal (PrlnClpal) Secretary (SEAL) By (Address ) " Wltness as to i'rlnClpa) (Address ) Surety ATTEST: By ~tto~neY-ln-tact (Surety) Secretary (SEA L) Wltness as to Surety . AdClress (Address ) NOTE: Date" of Bond must not be prior to date of Contract. , . FOltM OF LABOR AJl1l MATERIALS 10ND That we a "Principal" and hereiDafter DOW ALL HEll BY T1lESE PlESEIlTS. herelDafter called called the Stau of "Surety", are held I herell1after fira1y boulld UlltO caUed "Own.r" I 111 the peDal .ua of DoUan ($ ) ln lavful .olley of th... UDlted Stat.., for the par-ellt of which .ua ve11 alld truly to be ..d.. we bll1d our..lye., our h.lr.. executor., a'-1111.tr.tor. .lId ,ucc...or.. Jointly aDd ..yera11y, firaly by th... pr..ent.. TIE CONtlITIOIl OF TlIS OILIGATION 1. .uch th.t Vb.r.... the Prl11cipa1 .lIt.red ll1to a c.rt.1D contr.ct vitb the Own.r. d.ted tb.. d.y of . 19 . a copy of whicb i. h.reto .tt.ch.d and ..de a part her.of for the con.traction ofl WOW, TlEIEFClIE. if tb. Prilldpa1 .haU pr..,t1y ..k. pa,..at to aU per.oll.. flr.a. .ubcontr.ctor.. .lId corpor.tion. furni.hilll ..t.ri.1. for or perforainl 1.bor ill tb. pro.ecutlon of the work provid.d for in .ucb contr.ct. ad lilY 'IItborla.d .U.nl1on or ..lflcatlon thereof. inc1udinl .11 .-Dunt. dll. for ..t.rl.1.. 1I1brlcant.. oil. la.ol1n.. coal and coke. repalr. on ..chln... .fI1Il....Dt and tooll. con._d or' u.ed In connecUon vitb the conltrucUon of .ucb work. and .11 in.urance pre.luaa on .ald work. and for aU 1.bor. ,.rfo~d In .lIch work vhether by .ubcontractor or oth.rvi.e. th.n thl. ob111atlon .ha11 be void; othervil. to reaaln in fall forc. .nd .ff.ct. PlOVlDED. FlmTlEI.. tut tile .aid nret,. for .a1u. ncei".d h.nlty .Upu1ate. and air... that IlO cbanP. .xt.nl1on of t1_. alt.ratlon or addlUon to th. tera. of the contract or to tb. work to be ,.rfo~d thereunder or tb. .pedficatlon. accllllpanyinc the ._ .haU In anyv1.. affect iea obl1caUon on thia bond. and it doe. henby vii". IlOtiC. of aD1 .uch chanp. ext.n.ion of tl_. a1t.ration or addltion to tla. t.r.a of the Contract or to th. work or to the SpeclflcatlOD1. PIOVIDED, FlmTIID.. that IlO final ..tt1._nt Nt....n the OvII.r and the Contractor .ha11 abridle tile rllht of 1111 b.n.ficlary her.und.r. vbo.. c1al. .., b. un..ti.fied. . IU IW VITKESS VlEIEOF, ehi. 1a.erv.eae 1. ...cue.d ia .ia (6) couat.rpare., ..ch OD. of wh1ch .hall be d....d aa oril1.al, thi. ehe da, of 19 ATTEST. Priacip&! . (PriBcipal> Secretary (SIAL) ., (Addre.. ) Wie~... .. eo Priac1pal (Addre..> Sane, ATTEST . (Sune,> S.cne.1')' ( SU1,) ., AeeorDe1-1a-r.cc (Ad'n..> (Addre..> CERTITICATIor Y PROPOSED CONTRACTOR RE~'RDING .:rAPA!i_..E CONTRACT RESTRICTIONS gBekO"~ound. ection 109 of the PUblic Law 100-202 imposes a ban against the use of orei~ contra~ors and .supp~iers ~hO are f~om countries that iscr~minate aga~nst O.S. f~rms ~n publ~c works proJects. To Qate, Japan s the only country to which these restr~ctions apply.. The.ban applies ,0 construction contract~r. anQ to arch1tect~ral, eng1neer;n9 or other .ervices Qirectly rela~1ng to the. co~struct10n or rehab11;tation of ,lUblic buildings or. proJects. A f1rm 1S affect~d.bY the ban ;f sot or 'Iore of its stock 1S owned or controlleQ by a c1t1zen or nat10nal of a ~oreiqn c~untry inclu~ed on ~e list of foreign countries that discr;m- Lnate aga1nst 0.5. f1rms pub11shed by the O. S. Trade Representatlve (OSTR). General partnerships are also covered by the ban. A clause entitled "Restrictions on PUblic Buildings and PUblic Works Projects" is includeQ in the body of the construction contract for the proposed ~roject. This clause provides detailed definitions and restrictions ?ertaining to the award of this contract. rhe bidder referenced below is the firm, company, corporation or its representative proposing to do work on or supply materials for the project. con~rBetor's c@~i~iea~ion Bidding Contractor's Name: Address: 1. Bidder is not owned or 'controlled by" fin(s) included on the list of countries that discriminate against 0.5. firms pUblisbed by the OSTR. True False 2. Bidder has not or will not subcontract with a firm(s) owned or controlled by a country on the 05TR list. True False J. Bidder will not use any construction product or materials permanently affixed instruments, equipment, electronics devices (excluding vehicl.. and construction equipment) of on the'OSTR list. True False inCluding or other a country Certification - The information above is true and complete to the best of my knowledge and belief. Name and T1tle of s1qner (please type) S1gnature Date Note: Failure to complete this form is cause for rejection of the bid as not being responsive or responsible. LABOR S'1'ANDARD I I ARD PROVISIONS . ...ceral Labor Standards P is ions . - ~~ ..._.~"'..-..__._.,- '"'" ......-...."0.-.,.. - s_ 0< '"- -.. ~ ,....' L.aIID" $a.MI* '.1.*""'1 arelftClYMG 1If\" QoftneI _......... lit .. 1Jl~..0ftI &OOIG- " IYCf\ ~".I ...,..ftCA. ... t. In .....1 -'" .'fIIL All ~ .na .....:NftG ~ or .... _ ... _ 01... __"" _... u_ Sa_ ....... - 01 _ i3, ., _'" -"0 ACI01 ",. III .. ...- · - _.1 . Yw.... . ~........ _..ASI .s 11 IIJIy INS........" WW\..... ----..., ,-- ..-....--- tIttIII:I\..,..a ...""""IOftI u.. .......,..,.". .....IOftIUtAII.,... ......_'Y..l.A-'......... c-no ACIl2l1 e,1Il1'1ft 2~""''- ~ _ _..............."" _ .,-_ .....-11- at .. . .. r ._.\ .AllI......-s .. .... ... .. .." .... ~ _I" .. ......h. .._4-'." S __, .L.aIOt....,..~....... ,.... . .... ..... .." - ......., _n~ ........ ~ MY I ....., .. ......l _'" _..... l1li IUCf' ......... aNI KI\-.... c.....~...b..AOII......., _ -- -.., ...--r--"- _ ..... __ _ s.-- ,IMZ).... 0.-.,,- ACI... ..... )II ~ """. 1I....AS4UMCI...>> M ......., I:t 1IlICft___. -4\- .....,.s 1D.. ...~...... 21 CI~.1lIt _......., ___..__ 6..... ., c.a ...... .,... NI\' ...." ..... - - - - --~_.............., ............. -- .. ___ -..-., ...,.a......... " .. c.-~ ...... _........ -'f..... ~ la _....., Jt4C1tM1C1lftA11.....,................. arc..... ................ ..fWl- " ,.,.. eta.......=-....... ~ _.-....c......,......".... e"*" U ",&..41.a 1\ a CP" ~.,,~").I __., .....4t_Al_L..._......a'li........ ~ -....,.._._.d.-cI."-- b.,,4tDt"'-"'" ~v. .on............,....,.wr.t ,~ ,....... -...,eta.,. rail..... ,- ....a7 _~",,"""'..:fl--"'- I." ..rw::I\.... ~""'.......A. "..... __ .._4.... tld .."", ~ _t._ .....eD'\.. -...... _4............ 21 CP1' ,... UCal'lWil'" _ _.____~'~l-.._...-~..- ........... . ,. ... .. at.. _ or......... ..._.__Ill'" __A......... .... . -".. -'Y -' .,.. ...... IIlla'''''' __ "11_" ...__ _.... - ill.. .~ .._la-' aNI ~.. "_..A,lG"-'''_''' __AA-......c..........-""I.........J ..- -~... _ __...rrllOllAl......-a I...,............~ If _. A.._ ",.,.... N I .. cr-.. .... ~ .. ")"........_~.....A.,...- a .~ _. ...... ~ ........4 .., . __A....~,..... .. .... _.._ .; ... II) 1M _A_ - ~......... ~.... .,.. -.A --- ~. .... CIJ TN ..._.... ........ ~ .. .,... ....... .... ... .... . - .... ... ~..... .... .... --...... ..... .... ..h. 1._ .. .) ... _. - ............. ..-i_-4&.... ..,.. .,.. --" MII......................-.-....... IIII.ID.. oea... ...... en.. ~- . r . aM ....... lad .. --- 009"- .,.... .......... II _..)........, --- 18.... ... .. ..., MUD .. al'L1JW1 ... ~._-- ........ .,.,-.-.0.. ~.....,.._".......Aa-__..us. r ~_4 0I~. w...r~. ..a.c..2CII1Q. 'hIIM___........ A '..__ ...................,.. -- __ ....., hAllIII-.I- ~___:IO..,.___._..uo.._. - .,_~MUO..v-.__..>>4rt~_ M ... . ----'Y. V J....,.. 0Ii0I.. MM-.- ._4....... _ 0loI___ _ '21WICI.I tc)M........-- -...-...J.....d_..... _.....M... ....---~ 11...........__ ......ML.I).. _ _ _ ....... en.. ... ----~,......... .. ~.. '1"'_ . .........__1 _ l . _ C~..._.~ U..L r J _.J . ...... .... ~ C ~ ,r ...uo ClI" . 41a14.... IiNII .-r ... CII~ IftCtYO"'; .. ...... 01 II ."......, ....... eftG .. 'KIII"'...ftGI~ f/JII MUO Of' . ..81...... " .. ...,.......,..... tor .~ ~.... T.. AGm,. ~... or .ft IIJNnlIlO ....... Wf'...... ..u ...... I ""'I"RW\I'" wtIW'\ X) An 0' PlCatDI I'" ID ..... ..uD Of . _,_ 0' .... _ MUD Of III -..v- __ ... 2O-eey """""'1 IOChIOf\lI .".. ..:....,.,. .,.. I. IG" __ 0IIa.,..,.. .,.-.."" a..oo.< u_ OWl eo.... _ '2IWICI.I Ie) 1M .... ,.. (- - III ""'II: ___ .... 1., _--., .&_ .._...4 ..."....l\1e~ "'V...,..,.C1D).,CCJ",.. ~.... ...., to ..I....... __.._IlQ....... ---.....-...'9'\ .......~ hC'I ~.. fIrtI.., 11"....,..... ...~.....4Ift.. ---'<I .. . Wt'wtIlII..r .. "-_.-'" .... &WI ...~ .. .. __..,. ---.--............-.. _U.........,-....... - __...,......... __ 1ft...... ___.._ ......., ___ _...... ~ or 81\ ...,.., CMI\ ~ ..At... C'Jr) I.. ..4l'I41- _....... .,..__............ -..-.. ---............-...,-. ......a~ ............", _ ,....--. .. ..,.. II. 1-~ _..........__._.,~l'llI 1""" t --r "~"''''''''''''MWn___''''__ ~" ...," err r - _...... 0.-.--. ACI_ __ ". - -W) .. '--' IIWY....... -- pq aD - - ...__ --....-.-... -_.._.,~ " J .~.,..c.."_I' ._A_~_OYaCOl\nl _12,WICI.I 2._d -...MUD..--'___.__._ ~...-r"" ____ ~_..__._.,.. DI..v4ll1l...... _.44M...... _ ___...... __ PV...-......... ..,-,---...---- -.....,- 'J ~,-- ~~.~~..~~~ ..... -..-..........-.,........... -~ ~......... .."..,._J....~_.....,._ J ...4._~..., ...........~..... .f _ ...-..-.s. ~.JG"'''_4 ...,." ~ r-.........,.... __ ~..-. ...._.._lD..,..,_. ..-A...4C.- ....,__... ......'-'.-.~....,.... ..... _.... _.. _.. _......... ACI_''''. ..........._..,......__ ... .41111." ......... _......... __.,... -. MUD...... __.___lD"__ ._._ 'll._. ___...,.. "'"rlD_"-- -MI_.., ...._,. -4.--.-r- ----............ - -... _MUD... ._....___lD"__ 7'._ _____.._..._...._J. - ._ _"- ...~ ._.A,_........,..... TNc..- _0.-___-- __ _....._.._ -......ACI__ 2.""""___~___-' --..--.....,..-- . ......-....- -_..........._.,...,..,..~ ...---. ..---.......-....-.. -..-..... -. ACI.. IIS'7.. _.. ...... ACI.. ,........ -- .11 "................---..- ___-nr_..__-.......-. ... _ . _ ........., _.......... ~ ~ ..... ___l _.__ r-__........--.-.. · _.... '- - 1>A.......'~.... c...-..-... -,.--.,____.11 ----- ........ '11...._ 1 ... ~_, .. L.-r........-II CIIa U laX'IlIWI-.........., -.. ~ - ..-.. ..,_. ~.ao .._ ....--....... .- __ L ........ '1IIl2ftI.... ~........... -- v- .... ~ Ll ..., __.... --..... _._._.~....- .... ~.12"'1 ,". ')oW" -- _.~.........~.............,... - .. .,... ....... ... .... _ . _ /llIlII .. .... . .. ., ..... ...... .... ..... ~ .,.. .. ~ ..... .. ~ _ ~ ... _ J 4 e..cft....... c.w..-.. "'G &llP'w __.,...-....... -- .0 "...".... aMI"'~ .......,..c.e".. f"I9........ t _4lC411'-o .....,.fft&.,., --. , ..- ....._.. ~_... ......ocn....__ "'_........._ __.... __ "00'- .., .., .. 0I0c. .""~ .4'4..., ~ _, OWl Coftnl .. ,2'W'.o- ,%,~17J e'l no. _ - --..... - -'Y lDt..tfI _a.. -.,., l.clf".. _~..4G' ClOT 01.. ..".. ID "UO.... g...- ""f....",..... _ICI.IWl'''.,...cY. -..-. _. .- __.. .."......_ft~_.._. ... ....., .. .. ..,......-..-. MLID. . .. ",'" ,.......... lid INJ.'" -- ..t&!I, _ _4 J ,"""_A.. - . C .. .. _ftIIll _ a C1I\ '-" U1a~ 1M III..... 11. .. _...",...... _ 0l*DftII'- _.)117..- _ .... ....y .. ...-..0 _ .. s..~ -- MnI . ClDDfo 'J...... __ ~ era DIX ~J ~"'~ u.s. ~ Jm._~""'" --'~_...... CC. 2OG. ,......... _.IIV-....... tt-"" _.._..."....,..__1>1 - ...,.. .Wana. .__Ml~"""'OWI,~""""" '''J f'l) ~ .".. t. l. r ... . ........., ..,. -sir .MI.. AI'Q."..-.., - --. - --..... -.... ,.,. . ...r ._....,.............. 8f11......-.,. ---.. =. .,.., INI ..., .. '. _ 11) 1M1.. ..."........,........., _.. ....-.J Ill.... __ _ a CPJI ,,,,U lIlQllIl_ Nt..- -' ..,... MIl MIl 1 C2) TMt MCf'I .......... ...4I_tlC ,. ~ III eMf' ..... ... aNI __) I..A, lei .. .. ...-.ct ..... .. ..,... ...... ---...------..-, .-r.--- ..----..-,.- ................ear'IIIIl__WW\....1l ."-1 r --- .aCFl'_~ CJ) "'" - -. -'"' - - ........- -.. I.&liIe .... ... .,., .,.,.. ...... .. ....... . . ... N ... n....._~....4., - .... _. --..... .-- _ _ ---A .. .. ...... .) ". ...., ...1 ...- ... .......,.~ -' .; -.- ~.. __.0--,,__.)11'_-''' ,.,....,. tor..,A... ..'V' .... -- _ ~. :,r:,. .. ....... ., _1..1J.PI._ -. l~n.--."".---' tJ ....,...... CD" _ .. _~ ..... .. .....,., _ v- ...., --. . ,.. ,. _ s.oc... ", .,.." .... ..- a- c... 1) n. .--..... oJ. -.................... ..,..,.... UIi)III..1KMft .- ...- . - .. -..... ....... ., ....... _.....4--.~. MUD.. - _ -.- .......~.aftllll...._IlWCI\....__ _l ____ do --..-...-........--.- ,_____-...--. --- flIoC 1ft....- .....,............ -... -- . --.-....... . .--.... -*"......., .. --~ ..... ..-- -" ., an,""" .,ft...........,- - ............ ........ ----..----..-- . ......... ...,. . ......., -- .._A ... ........... 'aft ..,z. )... . ....,...... ~J. _ .. _J _ TT....... ., .... a... Nft.. ...____....A*' ....... _ ..,... d.......,... ~1I4~,U ............ _tI r ..., ._", ...... IIde ......1.. -~......... ..4..... us. DI__._II" . ~., nwnl" '..... Mn_....... ......,.. ..... _ ...... II' .... s.. a J _. _...., . _ ...... .,.. ......"...,........ _ , '1M.... ....10..,.... _, "...,._...~ ..~.......... I _ ............ . - -~.. """ .. .. ............ ... ... ... ...... .,. .. ..,..& _ r ...... ....,......._ ~_ - ......, OW _. .".fJIJ_).............._*llIlI.-..t-. ~~-.. - --"'-......--"..---- ~.- , - ....-- __....,... ....""""""-- ... . ........ ~.. ,.. ,.....IR ... ......... AI . .. ...... ___ ..-a ."..., .. .........a ........... ."., ..... _ ... . .,.. .. .. _ _.....ca.... .... .... ... rl... ..4 ....._ _ '-'-",IIG _..........,.. _......., ~.. . ,_ .... '.. -'.. _... ..~,....'" tDt" _.u~~.. ... ~ ...1OJ'ft-4 .,........ .,., .PCWI'"K8 ~f'll; WCW'l . .. _ .. r\ ..cna Of .. ,..., -m""': Wf"08{ .. ,..-'., ..,..,.. ...." .. ..'" _ .. ..... .. .llCOoea.... ..,. ... 01'\ .. ..,. _. M~ 1Dt....... a.cIWMy ......_.......A:I Wtwrw. CDfWKW. ............ _,. _ """" ~. ,.,. III'09CI .. . -.allfy ..,. WWfI NIIf\ WftC" . ..."" . _.a. .. .._ _ .... .._ ......_.. .......,.. co"_' ~'I ......, ".1 -p--"" ., ... c,ol..-.c.-", ., ... -~.CIDI"" ..... _ ...... _ .. ...Il E.-, _I 6.00c. _.. _ at.. - --.. - - ...... - rav- ___.... ._-'. ............ &II Il~ U......... Of.. ~,I1_.""_.. . .-., - ..... HI --.... ..~1Oft. ". _ ~.,....._ ......-. ..--..... ..."-.'" --.. ~. "1_. _ ,eel" .......1Wft _ fIDIlDIJCIty.... ~ . -,. _ .. .... _ ... _ ...... ...... _ 01'\'" .... .~- ~.,.. UP' -- --.-........... AOn'~..._ A_.._,Q. N.........,.... "........ Yr' :,....... ,.__ -........"oIiCI'*.......,..a........ ~ ~.. .._..._ III .. M - -.. -..- "'_ - ...., -'raftIl& ..... .-..... ..,. ~ . J....ncI.,... ........ -...-- ........ .,.. IJr. ....1II"I9'Mt.........................:. J.'- ~ _ at_'*'......-ca..........~.....~....._ _.b.-......A......M\ -.........~. U _.A .,,_~.~ ..~..aCl'Jl..'I._..... ....... r..... ..lIMN ...~~............... ~.......,.._l_,IG......ua~..,.,_~ ~;'" .... .......___. All_III 1 &1.1 __..,_..... ~ .,.. us. DI~Il. ......IJr.-J,,,.........,.......... .... n...........~,.._........ .....- .-'*'...... "".,..~T _ I'.,......tl, ._J" '.... .....- --....,.- -........... - -...- - ~.... _. II .......In............ -.._......_ ~......._ ,-...,..-._,,,.......,...._ .11.... -.... A_.._~'" ,.... ... .. - .... ..-,.. __ ... "1141 &.PI........................... ...-.... -........... -......... y -............-........ .......- .-.. ....___.... WIlIJI'" .... ~ .-- WWS...... _ _........ ..... _. ...... ....U_, _' .... ... ........ A~ .____. WftCI\ II' A .. .. ..... .... __ .. _ _ ,.", MI.....--#_ _..... ........ __ ...... "'" ..4'" ... r . "........ -' _ I'" ..1.1 J 1,041....'..... .1:.-.___. MIII...._ __.. . -...._...........__ .lIr__ ..., _.... ....4...~.",..... .........-...........- ._..._....... -~... _ ....,....,.IMI.... __IWft"Uf' -......................J ~----.,.. ........, _.....4IIL .. .. .... .. InL.d.l, 8.41'11..,'....... ...... ~-A.~..UI-AI......._.,...rIlII\..._J. ... ........... ............. -..........-... __ _.,..... ..............4 .... an J - ........ 1 , ..... '. J. 4-.",. ,.. .-.t.o.__ .. r _ ___ ~.""""" -"....... _4-4, ..... ....._ J'I.._~1 ...,... ....._...,--er.r1111L_ ~._ - _.CPR_a:!: I. CI fa _... r I. .-........ _ 4....,... -,~1~'" ~....._ _.__..ac:F"".,'_____-" _4l..M....... LT. ~ ..h_. V ...~ _ rr ..........,... ~. ... _ _...... .. a CPR UIaIl"....... I'D!-- __ ___ u tIJD.. -- In...,.,.. ..... Q,. II ......... -..... ~ -,," _. - - .......-- ....~""'...._- .... n.....__ r-..... - -vq..._ _.,""'...- J. ....-~ _.......__...CI'Jl_~ - - . "U~C'C 11"" '.~ ~ 1. ....~V'\r LA..,..eft"" ~__.. ~ U "..,.. ....- .. ~ -- ., .. . A" *"'__. .....__ ...- __....u__. J-"aorIlt1.11. L CL- - .. ~ ... -..... ---- Act -.,. _ .II .... I""~__ A _."..c....~.,..,.......,AaI___.. =""...... '.1"" J.,...... -__ r..,. ....._..... --- . i, -y- '''_.d.4 .............. ""10'..........,. Of..... ....,.. _1 ~ III ... ---= .,..., .. .. .....-:t II:! .. ....., ~ ca....".. CIIfII'IlI:L ~...........".. P'ftOI ..., 1ft..... ..... ~ .. .. ~'-",N c.o.~ of &.IDDt Mt ...,... " C,1lIt .. ~., ... 1 0..- _... -'""'9 or",.. C1A_ ___. ... _._aa"........;po tot arty Of. 1U0C0ftWKD'SJ-'G KUO.. ...... .. u.s. ~ -"* ~ .. 1.POf. .. .. ....... 7 ... .. ..., ... ,,----4. '~CIlc... - "".'1'..,,-...-..-::.- __ "__."'''.''1'''''''-. - .I~""'w\"_._ _..IfIft.........lilflifte. 1 -. ..., ac ._._.l_.__..,......Iec8Dft~)OI.. c..- __ _ _ at ~L12l1X\1".""'- MIlO __._ ... ~."'-"'_.J4 Cl'Il ~J4. tI) _ ..,. ., .. __ ..... .. t. _ . .", ...... ...1fIII ...... .., -...,. f:A '__'" COI"ftCf.,.... Of $IaOf\ ~., . 0...-.... ACI.. at Cl'Il L12l11l1'... __ MIlO ""..._ .... --- ... MUO Ilo...__ ........... 2' C'. ,." k c.) "- ...., ... ...... .... ...~ N. fa . __....4 ... .. LLS. _, c-. "us.c. 'CIIl. '---..,.la. C-. c:... s-. "C. T_ ,.. ~.,__........ M1.___."""". ...-.... .. ~ ~ ~_ _.............. III . ~ _" 1ft...,..," ~ .. ai.ICI\ AA.___.. . . ........,... ~-.. .", ._.4. -..=-_.._.. _..____ILCllIl.. --=-----..-.. ".c..... . _, .h.__.T"'~~'7.,IRA7__""'. ..--..: - -.. _ _.. _ _ __'14 __" .~C1_ -_..__.......,__ .Q~_-4""""''' c..._ =r...",'" 'W N"" -- -.... ~......,,,,,,_. ----- -....._._ -f ,- ,.......--.....-...-,IPl..".. I.. ca.r.. ...... _.. __ ___. ............ c...._-a_ a41"J.I,IIlI. I c...4_IW....... _ --,. 1_'" AI _.. __ .Df\ .. ..... -au.... ... "'N~..uG- ~ _.,.... ... -. Ole _~_-.. ..h."_.. 'e'lV.,... _ ___.. .,.,....... -- - -.....,- ..-.......,. ..m 01 .. __ ., ft--.1 _llC& .. ...... .. ....... .., .... .... IC"'IIaftC WI.., __I:il _ ... WftICI\...... ~U_~,A"""'''' -... -.....-.....,-.,...-"..., ........--.. ~___MlCft....... :r_~.-....__ ~ - . . ... fa.. ................ ......... ..... .. liMe "- . ...,. tor All .... ___ ... fII ..... ..... If" .,., ~ .., _ '" ...... 01 ....., ....... if' II1.II:'" __ _I ~ 1. ......' . Q')~:.....,-.........-:a.q:.--.-. ...... .......,...., ~.,.. ~ WI ~ if'. ~ .... n).,... ~.. ....U'D'.,.."",.... ....CD I'W'ICIO"'"A.... ""MClr.,., .. ..e. III' .. ......., ...... ." aaGl8ri. AwC:f'l ClllftW.eIDr Me ~ h_ ..... .. ..... .. .. _ s.... .'" ... cut 01 ..... _ _ .......~ .... .. Cllal'lCl 01 c._ ... . '"'"""'1'. . N:fI Doowlct Of .. _ *'-1'1 .... ....... ........ SwcfI........ ......... ....., .. _. ....., - -... MCI'l_'''_. __--.g ..CP'lMef'\.t\Ct ,......... I'fflOIA,aCI "'..o&I*, Of.. ~ ..I...... If'..... ....'.....(1) Of.... "18"101\. "'..........., SlO...._ co_,..,... ~ IwCft ......... ... fWQ!JtI'WO or N....., . ..... 1ft .ICftI CfII ""'" .......... -.,.. -- --- .,..,_ _I"" ...... ., -- a...- .JI_ ..... ....., ~ __ ... Ill'" .. ....... ......,'.".... ~ (2) WIlJ .~'~.............. --...1.00.... ...... fCI.IC _. - ;.... ... ~ . ~ &CMft Of ... .,..., ....-..Ift --. - ..--- .... DIoarRorlI" LMor....... . _.. -- -..,--.,...... -,,-...............,.. -~ ~ ..... 4~ ...... .", IWI:I\ ...........,.. '-.r COI'N'KI wet .. ..... ...... CIftftCL . ..., ... F....,j/A 7 _ __ - -... c.......a - ...... - SIlIly....... Acl._ · .... .,.. ..... ..... _4. - ...,........,.. 11_ _....... .. r~___, _ ....... ..,....... ., 1UIft..._ ~ .... T H _ ...-.....-.._-~ .-....-- - .. .. -r .""'121............ ..)....~ 4 It n.__ -.... _ ............, .. --..--..-..-.....111............'.... ............... ......... -.. __ ~ 1 ~ .. ~... ~...,.,......,... .. - 'ftw.... _.._... ...... -r --., _. r' ,.... Dr -rr.' _-=-r.....,..,.. __. ...-..-..-.... u'...,_nl-.....'.... ......... Co ..... _ ..., ('I)" __., _.~~_.......... werII" ...._..... .,...,..... - -...... .......,..... ........... ..... '--'... ..-r . A~___...A .... _.A ...-y.. ...... -....--- ~.....,.,.. - ..-z _1.IMr"'... ~ .. C111Mc..._ _-.,_..... __.,.. - --7 .L.-....~.,........,_....4JI~ ..,.,1\..., ..... . ...,..., .... .. -. _. ., .. _ ........ .. ... c.. -- --..., ___ACI~...II....ID..._ . C111Mc..._ __""1 _.".._.._ ... -.a."1UCI"I1n __..........eMft.. _ ~. 1M c..._ INII... 8WClft -=-an... __...,... .___a ... --').,--...~Dl ._4.'" __,..~ .......,.. _. _4_~ IWCft "1.__& . ~o 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 5-LABOR STANDARDS PROVl. SIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY 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 OR IN PART BY LOANS OR 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 inspection of weekly pay:ol~ reco~ds. Payroll deductions permuslb1e w1thout application toor approval of the Secreta~y ~f Labo!. Payroll deductions permuslble w1t1l tile approval of the Secretary of LaDor. Applications for the approval of tile Secretary of Labor. Action by the Sec-!tary of Labor upon applications. ProhiDited payroi, deductiont. Metllods of payment of wages. Regulations part of contract. Purpose and Scope This part prescri bes -anti -ki ckback- regulati ons under Section 2 of the Act of June 13. 1934. IS amended (40 U.S.C. 276c). popularly lenown IS tile Copeland Act. This part applies to any contract wllich .is subject to Federal wage standards and whicll is for the construction. prosecution. completion. or repair of public buildings. public worles or buildings or worles financed in wllole or in part by loans or grants from tbe United States. Tile part is intended to ai~ in tile enforcement of.tlle minimum wage provisions of tile David-Bacon Act and tile various statutes dealing witll Federally-assisted construction that contain similar minimum wage provisions. including those provisions wllicll are not subject to Reorganization Plan No. 14 (e. g .. the Co 11 ege Hous i ng Act of 1150. tile Federal Water Pollution Control Act. and tile Housing Act of 1959). and in the enforcement of the overtime provisions of the Contract Worle Hours Standards Act whenever they are applicable to construction worle. The part details the Obligation of contractors and subcontractors relative to the w_ekly submission of statements regarding the wages paid on worle covered thereby; sets forth the ci rcumstances and procedures . governi ng the malei ng of payroll deductions from the wages of those employed on suCIl worle; 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 activity as distinguiShed from manufacturing, fur- ni shi ng of materi a 1 s. or servi ci ng and maintenance work. The terms include. without limitation. bui1.dings. structures. and improvements of all types. suCh as bri dges. dams. pl ants. highways, parkways, stre~ts. SUb~IYS. tunn~1s, sewers. ~ains. powerlines, pumping Stltlons. ra~lways, alrports, te~al1n~1s, docks, piers, wharves, ways. 11ghthouses. b~oys, Jettles. breakwaters. levees. and. canals; ~redglng, .shoring. scaffolding, drilling, blastln~, excavatlng, .clearlng, and landscaping. Unless conducted a connec~ion wah. and It the site of such a building or work as l~ d~scrlbed in the foregoing sentence, the man~facture or furnlshlng of materials, art i cles, supp lies, or eQUl pment (whether or n.ot a Federal or State agency aCQuires ti~le to such materlals, articles, supplies, or eQuipment durag the, course of the manufacture or furnishing or owns the materills froll which they are lIanu- factured or furnished) is not a -building- or .work. within the lIeaning of the regulations in this part. (b) The terms .construction., .prosecution-, -completion-. or .repair. mean all types of work done on a particular building or work at the site thereof, including. without lillitation, altering, remodeling, ~ainting and decorating, the transporting of materials and supplies to or from the building or work by the ellployees of the construction contractor or construction subcontractor. and the manufacturing or furnishing of materials. articles. ~upplies, or eQuipllenton the site of the building or work, by persons ellployed .t,the site by the contractor or subcontractor. (c) The terms .public building. or .public work. i nc 1 ude bui1 ding or work for whose constructi on, prosecuti on, completion, or repair, as defined. above, a Federal agency is a contracting party, regardless of whether title thereof is in a Feder'al agenc!. (d) The term .building or work financed in whole or in part by loans or grants froll the United States. includes building or work for whose construction. prosecution, completion, or repair, as defined above. payment or part, payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The terll includes build- ing or work ~or which the Federal asistance granted is in the form of loan guarantees or insurance., (e) Eve~y pe~son paid by a cont~acto~ o~ subcont~acto~ in any manne~ fo~ his labo~ in the const~uction, p~osecution. completion, o~ ~epai~ of a pUblic building o~ pUblic wo~k o~ building or wo~k financed in whole o~ in pa~t by loans o~ g~ants from the United States is "employed" and ~eceiving "wages", ~ega~dless of any cont~actual ~elationship alleged to exist between him and the ~eal employe~, (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcont~actor; a partner or officer of the contractor or subcontractor; a corporation closely connected wi~h the contractor or subcontractor as parent. subsidiary, or otherwise, and an officer or agent of such corporation, (g) The term "Federal agency" means the United Stites. the District of Columbia, and all executive departments. independent ntabl i shments. admi ni strltive .Igenci es, . and instrumentalities of the united Stites and of the Distr.ict of Columbia. including corporltions. al' or substantially a" of the stock of which is beneficill'y owned by the united States, by the Distri ct of Col umbia. or any of the foregoi ng depart- ments. establishments. agencies. and instrumentalities. 3.3 Weekly Statement with re.pect to payment of wages. . (a) As used in this section, the term -employee- shall not apply to persons in classifications higher than that of 'aborer or mechanic and those who are the immediate supervisors of such employees. (b)(l) tach contractor or subcontractor e~gaged iu. the construction. prosecution, completion. or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and ~ during the preceding weekly payroll periOd. . (2) tach -Stateaent of Compliance- sha" be signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the fo"owing: . (i) That the payrol' ~eriod information reQuired to be mlintained under thi s Chapter, 29 CFR Part 5 and that such correct and complete; conta ins the 5.5(a)(3)(i) of infor.ation is (ii) 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 forth in 3.5-3.8; (iii) That each laborer or mechanic has been paid not less than the wage rates and fringe benefits or cash euivalents for the classification of work performed. as speci- fied in the applicable wage determination incorporated into the contract. (3) The wilful fllsification of Iny of the Ibove certi- flcltions mlY subject the contrlctor. or subcontrac~or to civil or crillinll prosecution under Sectlon 1001 of T1tle 18 and Section 231 of Title 31 of the United Stites Code. (c) The reQuirements of this section shill not Ipply to any contract of S2,OOO or less. (d) Upon I written finding by the head of I Federal Igency, the Secretary of Labor lilY provide reasonlble lillita- tions, vlriations, tolerances, and exellptions from the reQuire- ments of this section subject to such conditions IS the Secretlry of Llbor may speCify. [29 F.R. 97, Jan. 4, 1964. as allended at 88 F.R.1D18D, July 17. 1965J 3.4 Submission of weekly stltements Ind the preservation and inspection "of weekly plyroll records. (I) Each weekly statement reQuired under 3.3 shill be delivered by the contractor or subcontrlctor. within seven dlYS Ifter the regular plyment date of the plyroll period, to I representative of a Federal or State agency in chlrge at the site of the building or work, or, if there is no representative of a Federll or Stlte agency at the site of the building or work ,. the s tl tellent shill be III i1 ed by the contractor or sub- contractor. within such tiae, to a Federal or State agency con- tracting for or financing the buil ding or work. After such examinltion and check as aay be aide. such statement. or a copy thereof, shill be kept Ivailable. or shall be transmitted .together with a report of Illy violation, in accordance tfith applicable procedures prescribed by the United States. Department of Labor. (b) Each contractor of subcontractor shill preserve his weekly peyroll records for a period of three yearS froll date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic. his correc~ classifica~iCn. ra~e of pay. Claily and weekly number of hours worked. deduc~i ons made. and ac~ua 1 wages paid. Such payroll records shall be made availatlle at all times for i nspec~i on by ~he con~rac~i ng offi cer or hi s authorized representative. and tly authorized represen~atives of ~he Department of Latlor. 3.5 Payroll Deductions Permissible Without Application to or Approval of the Secre~ary of Labor (a) Any deduction made in compliance with the requirements of Federal. State. or local law, suc~ IS Federal or State withhOlding income taxes and Federal socal security tlXes . (b) Any deduction of sums previously paid to the employee as a bona fide pre-payment of wages when such prepay- ment is made witllout discount or interest. A "bonl fide pre- payment of wages. is cons i dered to hue been made on 1 y when cash or its equivalent lias been advanced to tile person employed in sucll mlnner IS to give lIim complete freedom of disposition of the advanced fundS. (c) Any deduction of amounts required by court process to be plid to another, unless, the deduction is in fav- or of tile contractor, subcontrlctor, or Iny Iffililted person. or wilen collusion or colllborltion exists. (d) Any deduction constituting I contribution on behllf of tile person employed to funds es'Ublished by the employer or representltives of npl oyees. or both. for the purpose of providing either from principll or income. or both. medical or hospitll care. pensions or annuities on retirement. deatll benefits, compensation for injuries. illness. accidents. sickness; or disability. or for insurance to provide Iny of the foregoing. or unemployment benefits. vacation PlY, savings accounts, or s i mnar plyments for the benefi t of employees, tlleir families Ind dependents: Provided. however. That tile foll~wing standlrds are met: (1 ) The deduction is not otherwise prohibited by law; (2) It is either: (1) Yoluntlry consented to by the employee in wri ting and in Idvance of the peri ad in .11 i ch tile work is to be done and such consent is not a · condition eitller for the obtaining of or for the continuation of emp 1 oyment. or (11) provi ded for in a bona f1 de coll ective bargaining agreement between the co~a~r or subcontractor and representltives of its employees; (3) no profit or other benefit is otherwise obtained. directly or indirectly, by the contrHtor or subcontractor Dr any affiliated person in the form of commission. diyidend. or otherwise; and (4) the deductions shall serye the convenience and interest of the employee. (e) And deduction contributing toward the United States Defense Stamps and Bonds when authorized by the employee. (f) Any deduction requested by the emp'oyee ~o enable hill to repay loins to or to purchase shires 1n cred1t unions organi zeCl anCl operated in IccorClance with FeClerll Ind State creClit union stltutes. purchase of vol untarily (g) Any deCluction yoluntarily authorized by the . ellployee for the lIaking of contributions to governllentll or Quasi-governllentll agencies. such as the Allerican Red Cross. (h) Any deduction voluntarily authorized .b'y the ellployee for the making of contributions to COllllllunity Chests. United Givers FundS. and sillilar charitable orglnizations. (i) Any deducti on to PlY regular 'uni on ini tilti on fees and lIellbership dues. not including fines or special assessllents: Provi ded. however. that a collective barga i ni ng agreelllent between the contractor or subcontractor and representatives of its ellp 1 oyees provi des for suCh deductions and the deductions are not otherwise prohibited by law. - (j) Any deduction not 1I0re than for the -reasonable cost- of bOlrd. lOdging. Of other facilities lIeeting the requirements of section 3(11) of the Fair Labor Standards Act of 1938. as nuded. and Part 531 of this ti tle. When such a deduction is lIade the additional records required under 516.~5(a) of this title shall be kept. (k) And deduction for the cost of safety eQuipllent of nOllinal value purchased by the ellployee as his own property for his personll protection in his work. SUCh as safety shoes. safety glasses. safety gloves. and hard hats. if SUCh eQuipllent is not required by law to be furnished by the ellployer. if suCh deduction is not violative of the Fair Labor Standards Act or' prohibited by other law. if the cost on which the deduction is based does not exceed the actual cost to the ellployer where the eQuiplllent is purChased froll him and cloes not include any direct or indirect 1I0netary return to the employer where the eQuipllent is purchAsed froll A third person, Alld if the deduction is either {ll voluntArily consented to by the employee in ~ritin9 And in advance of the period in ~hic:h the ~ork is to be done and such consent is not a condition either for the obtaining of employment or its continuance; or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees. (29 F.R. 97, Jan. 4, 1964, as amended at 36 F.R. 9770, May 28,1971J 3.6 Payroll Deduction Permissible with the Approval of the Secretary of Labor . Any contractor Secretary of Labor for perllitted under 3.5. whenever he findS that: or subcontractor permission to lIake The Secretary lIay lIay apply to the any deducti on not grant permiSSion (a) The contractor, person does not lIake a profit from the deduction either dividend, or otherwise; subcontractor, or any affiliated or benefit directly or indirectly in the form of a commission, {bl The The deduction is not otherwise prohibited by 1aw; (c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the periOd in whi ch the work is to be done and such consent is. not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective barga i ni ng agreement. between the contractor or subcontractor and representatives of its employees: and . (d) The deduction serves the convenience and interest of the employee. 3.7 Applications for the Approval of the Secretary of Labor Any application for the malting of payroll deductions under 3.6 shall comply with the requirements prescribed in the following paragraphs of this section: (a) The application shall be in writing and shall be addressed to the Secretary of Labor. . (b) The application need not identify the contract 01" contracts under whiCh the work in Question is to be perfor.ed. Perlli ss i on win be then for deducti ons on a" current and future contracts of the applicant for a period of 1 year. A 1".- newal of permission to maKe such payroll deduction wi1i be granted upon the submission of an application which makes reference to the original application. recites the date of the Secretary of Labor's approval of such deductions. states affirmatively that there is continued compliance with the standardS set fortn in tne provisions of 3.6. and speCifies any conditions wnicn nave cnanged in regard to the payroll deductions. (c) ihe application snall state affirmatively tnat tnere is compliance witn tne standards set fortn in tne provisions of 3.6. ine affirmation snall be accompanied by a full statement of tne factS indicating sucn compliance. (d) ine application shall include a description of tne proposed deducti on. tne purpose. to be served tnereby. and tne classes of laborers or mechanlcs from wnose wages tne proposed deduction would be made. (e) ine application shall state the name and business of &ny tnird person to wnom any funds obtained frOm the proposed deducti ons are to be translli tted and the a ffi 11 a ti on of sucn person. if any, with the applicant.' 3.e Action by tne Secretary of Labor Upon Applications The Secretary of Labor shall decide whether or not the reQuested deduction is permiSSible under provisions of 3.6; and snall notify the applicant in writing of his decision. 3.9 Prohibited ~ayroll Deductions Deductions not elsewhere provideG for-by thi~ part and wnich are not found to be permissible under 3.6 are prohibited. 3.1D Methods of 'ayment of Wages The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional forms of COII- pensa~ion f~r which deductions are permissible under this part. No other methodS of payment shall be recognized on work subject to the Copeland Act. 3.11 Regulations 'art of Contract All contracts made witb respect to tne construction,' prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind tnecontrlctor or subcontractor to compl y wi th sucb of tbe regul ati ons in tbis part IS ..y be applicable. 1ft this regard, see 5.5(1) of this subtitle. Subpart A Procedures StCnON: 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.U 5.15 _ 5.16 5.17 PART 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) - DIYi s-Bacon and Related Acts Provisions and Purpose and scope Definitions [Reserved] [Reserved] Contract provisions and related matters Enforcement Reports to tne Secretary of Labor L i Qui dated damages under tne Contract Work Hours and Safety StandardS Act Suspensi~n of funds Restitution. criminal action Disputes concerning payment of wages Debarment proceedings Rulings and interpr.etations Variations. tolerances. and exemptions from Parts 1 and 3 of this subtitle and this part Limitations. variations. tolerances. and exemptions under the Contract Work Hours-and Safety Standards Act Training plans approved or recognized by the Dep~rtment of Labor prior to August 20; 1975. Withdrawal of approval of a training program Subpart B - Interpretation of the Fringe Benefits Provisions of tne Davis-Bacon Act SECTION: 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 Scope and significance of this subpart [ Reserved] Effect of the Davis-Bacon fringe benefits provisions The statutory provisions . The basic hourly rate of p.y Rate of contribution or cost for fringe benefits M... contribution irrevocably .ade ... to a trustee or to a third person.. .... fund. pl.n. or progr.... 5.28 Unfunded plans 5.29 Specific fringe benefits 5.30 types of wage determinations 5.31 Meeting wage determination obligations 5.32 Overtime payments 5.1 Purpose and Scope lal ihe regulations contained in this part are promulgated under the authority conferred upon the Secretary of Labor by Reorganization Plan No. 14 of 1950 and the Copeland Act in order to coordinate the administration and enforcement of the labor standards provisions of each of the following acts by the Federal agencies responsible for the.ir adllli~istrltion and of such additional statutes as may from tlme to tlme confer upon the Secretary of Labor additional duties and responsi- bilities similar to thOSe conferred upon the Secretary of Labor under Reorgani%ltion Plan No. 14 of 1950: 1. ihe lavis-Bacon Act [Section 1-7. 4i Stat. 1949. as amended; Pub. L. 74-403. 40 U.S.C. 276a-276a-7). 2. Copeland Act [40 U;S.C. 276c). 3. ihe Contract Work Hours and Safety Standards Act [40 U.S.C. 327-332). 4. National HOUSing Act [Section 212 added to c. 847. 48 Stat. 1246. by Section 14. 53 Stat. 807; 12 U.S.C. 1715c Ind repeatedly amended). 5. HouSing Act of 1950 (college housing) [amended by Hous i ng Act of 1959 to add labor proy; sions. 73 - Stat. 6B1; 12 U.S.C. 1749alf)). 6. Housing ACt of 1959 [Section 401(f) of the Housing Act of 1950 as amended by Pub. L. 86-372. 73 Stat. 681; 12 U.S.C. 1701Q(cI13)). . 7. Commercill Fisheries Research and Development Act of 1964 [Section 7. 78 Stat. 191; 16 U.S.C. 77ge(b)). 8. L; brary Serv; Cel . and Construct; on ACt [Section 7(a). 78 Stat. 13; 20 U.S.C. 355c(a)(4). as amended). . 9. National Technical Institute for the Deaf Act [Section 5(b)(5). 71 Stat. 126: 20 U.S.C. 684(b)(5)). 10. Nationa' Foundation on the Arts and Humanities Act of 1165 [Section 5(k). 79 Stat. 846 as a.ended; 20 U.S.t. IS4(j)). 11. E:lemen~ary and SeCOndary .4duCa~ion "c~ of 1965 as amended by Elemen~ary and Secondary and o~her Educa~;on Amendments of 1969 (Sec~ion 423 as adCled by Pub. L. 91-230. ~it1e IV. Sec~ion 401Ia)(10). 84 Sta~. 169. and renumbered Sec~ion 433. by Pub. L. 92-318; ~itle III Section 301Ia)11). 86 Stat. 326; 20 U.S.C. 1232Ib)). Under ~he amendment coverage is extended to a 11 programs admi ni stered by the Commi ssi oner of Education. 12. The Federal-Aid Highway Acts (72 Stat. 895. IS amended by 82 Stat. 821; 23 U.S.C. 113. IS amended by the Surface ira"nsportatior. Assistance Act of 1982. Pub. L. 97-424). J.~. :nCi!n Seit-Determination and ~dUCation Ac. ~Sec~icn 7. as Stat. 2205; 25 U.S.C. 450e). Assis':.ir.:e ...!"'- l" "", ~.. ~'-_ .,.. :JW :4. :~cjar. ~eait~ Care Improvement Act (Section ~':.L':.. ~4~i; Z5 U.S.c. l633,~)j. . ._'~....'-1'0- .-- c~ _~. :\c..__...~.:.. iof "'~.. . --.., ,.., "7 c ..-,". . ... 77"')1-~- _uc,jt,~; 0 _~~~. ~~~. ~~ w.~.w. o\~ ~I~. :~n rSec~ior. .- -----.e.-ars"v... =--".V-.E-. ...,. -r'lop..- a__ .w. W"'__' Iii'o." . .. _...rI.w....&... ....... . Iii ......:;, ".. OT :::;7; ~S;:':.,=, :C:,. :'7 S,::,:. S:\). :-e:\.::t~e~e~ sec't~cr.. 7uc :y SS S:io::. :.;';~; .2~ ~.S.=. i.:.;; ~:so ~ec't';;,n 60'. 68 .S~&'t. :S4:; 2; ~.i.:. =5~\~;~~;:. "., C"-.-- ,-- --,- ~l'S-I' Ac's's-'r:ce A-. -. _. . oW _~ ~C .,.w .w'-_, , .. I _ t _., . _ ... . -7" - c: . ". ~ -' .. -. .. - S - 9- - -. S ~ . 2' 5. .. -. . ~)' ~ ...1;-:-,'::: .;.2.;\li~:J. 0':' ':.... ..~;..:,.. i.I. .w. .:. .. \.J\=I~. . 6 - "e-i" '" -er ~.. "t'o. Cc-- . .. ~i..... Ai. .01.... .. ....rc. ~- --"-- :.~ ~ S ._,~ 2 -- S t 6a., ~3 Li ~ C '~72- ..:;)e....... ..... o. 1:.......1: . GO to.. ~... _ ..it........ ~.:'t - :;. '''ete:'':.~s )t.:-s~:, ft:)=1 :l~e Ac~ of liS" :i'a S:I~. ;~~. LS ~~j~Ce'; 3& v.S.C. SC~5\&i\o}~. 2~. l'cna~ Reol"~&niu";i:UI Act ~Sec':-:cr. 4.Ci:i,~~\:.; 34 St.':. 725 as amenGeG; ~i U.S.~. 'lOtb)i4i:~:~. 2:. ~6"tion&1 Yi~it.:lrS Center Facilitas Act w. 1966 :iec. 110. ~2 Stat. 45. 40 U.S.:. 8CiJ. 1965 Cse:. 22. A~~ll&cr.ian Re;ion&i Deve.opment 4C2. 79 Stat. 2;; 40 U.S.C. App. 492;. A-- .- OT 23. Healtn Services Statisti cs. and ~.edicll l.ibraries Act of sec. 308(h1l2) tllereof, 88 Stat. 370 as 378. 42 U.S.C. 242m(II)(2)). iteseal"'cll. 1974 ~sec. allenGed by :;el~t~ . -7 ..II . see 90 Stet. . . 24. Hospital Survey and Construction At";. is alllended by tile Hospital and Medical Facilities AlIIendments ci 1964 (sec. 605(1)(5). 78 Stat. 453. 42 U.S.C. 291e(a)(5)J. 25. Heal~h Professions. Educa~iona' Assistance Ac~ [sec. 303(b), 90 Stat. 2254; 42 U.S.C. 293a(911111C); also sec. 308a, 90 S~at; 2258, 42 U.S.C. 293a(c)(7)J. 26. Nurse irainin9 Act of 1964 941(a)(1)(C), 89 S~at. 384; 42 U.S.C. 296a(b)(5)J. (sec. 27. Heart Oi sease, Cancer, and Stroke Amendme~ts of 1965 (sec. 904, as added by sec. 2, 79 Stat. 928; 42 U.S.C. 299d(b)(4IJ. 2B. Safe Drinking Water Act (sec. 2(a) see sec. 1450e thereof, 88 Stat. 1691; 42 U.S.C. 300j-g(e)J. 29. Na~ional Health Planning and Resources Act (sec. 4, see sec. 1604(b)(1)(IIl, 88 Stat. 2261. 42 U.S.C. 30Do-3(b)(1)(~)J. 30. U.S. Housing Act of 1937. as nended and recodified [88 S~at. 667; 42 U.S.C. 1437.1J. 31. Demonstration Cities Development Act of 1966 [sees. 110. 311. 1259. 1270, 1277. 1284; 42 U.S.C. 3310. U.S.C. 1437.1J. 32. Slum elelranee program: Housing ACt of 1949 [sec. 109, '3 stat. 419. as amended; 42 U.S.C. 1459]. and Metropolitan 503. 1003. 80 Stat. 12 U.S.C. 1715e; 42 33. Farm housing: Housing ACt of 1964 [ac1ds sec. 516(f) to Housing ACt of 1949 by sec. 503. 78 Stat. 797; 42 U.S.C. 1486(f)]. 34. Housing ACt of -1961 [sec. 707. added by sec. 907. 79 Stat. 496. IS amended; 42 U.S.C. 1500c-3]. 35. Defense Housing and Community Flci 11 ties and Services Act of 1951 [sec. 310, is Stat. 307; 42 U.S.C. 1592i.J. 36. Special Hultll Review SlIaring Act of 1975 [sec. 303, see sec. 222(1)(5) tllereof, 89 Stlt. 324; 42 U.S.C. 2689.1(a) (5)]. 37. Economic Opportunity' Act of 1964 tsec. 607" 78 Stat. 532; 42 U.S.C. 2'47]. . 38. Heldstart, Economic Opportunity. and Community Partnersllip Act of 1174 [sec. 11. see sec. 811 thereof. 88 Stat. 2327; 42 U.S.t. 2992a]. 39. Housing and Urt>an Development Ac:t of 1965 (sec. 707. 79 Stat. 492 as amended; 42 U.S.C. 3107). 40. Older Americ:ans Act of 1965 (sec. 502. Put>. L. 89-73. as amended t>y sec:. 501. Put>. L. 93-29; 67 Stat. SO; 42 U.S.C. 3041a(a)(41). 41. Put>l i c: Works and Economi c Development Act of 1965 (sec. 712; 79 Stat. 575 as amended; 42 U.S.C. 3222). 42. Juvenile DelinQuency Prevention Act (sec. 1. 86 Stat. S36; 42 U.S.C. ~8B4). 43. New Communities Act of 1968 (sec. 410. 82 Stat. 516; 42 U.S.C. 3909). 44. urt>an Growth and New Community Development Act of 1970 (sec. 727(f). 84 Stat. 1803; 42 U.S.C, 4529). 45. Domestic Volunteer Service. Act of i973 tsec. 406. 87 Stat. 410; 42 U.S.C. 5046). 46. HouS i ng and Communi ty Developllent Act of 1974 [secs. 110802(51). 8B Stat.649. 724; 42 U.S.t. 5310. 1440(51)). 47. Developmentally Disabled 8111 of Rights Act [sec. 126(4). B9 Stat. 6042(4); title 1. sec. 111. B9 Stat.. 6063 (b)( 19)). Aui stance and 488; 42 U.S.t. 491; 42 U.S.t. 48. National Energy tonservation Policy Act [sec. 312. 92 Stat. 3254. 42 U.S.t. 6371j). 49. Public Works Employment Act of 1976 [sec. 109. 90 Stat. 1001; 42 U.S.t. 6708; also sec. 208. 90 Stat. 1008; 42 U.S.C. 6728). SO. Energy tonservation and Production Act tsec~ 451(h). 90 Stat. 1168; 42 U.S.t. 6BB1(h)). 51. Solid Waste Disposal Act [sec. 2. 90 Stat. 2823; 42 U.S.C. 6979). 52. Rail Passenger Service Act of 1970 [sec. 40Sd. 84 Stat.' 1337. 45 U.S.C. 565(eO). . 53. Urban Mass lransportation Act of 1964 [sec. 10. 78 Stat. 307; renumbered sec. 13 by 88 Stat. 715; 49 U.S.C. HOS). 54. Hi ghway Speed Ground lransportation Study [sec. 6(b). 79 Stat. 893; 49 U.S.C. 1636(b)). 55. A;rpor~ and Airway Oeve'opmen~ Ac~ of 1970. (sec. ZZ(bl. 84 S~a~. Z31; 49 U.S.C. 17ZZ(bl). 56. .ederal Civil Defense Ac~ of 1950 (50 U.S.C. App. ZZSliJ. 57. Na~ional Capital Transportation Act of 1965 (sec. 3(b)(4). 79 StI~. 644; 40 U.S..C. 6S2(b)(4). NOTE: repea led December 9. 1969, Ind 1 abor standards incorporated in sec. 1-1431 of the District of columbia CodeJ. 58. (sec. 4, 80 Stat. States CodeJ. Model Secondary SChool for the Deaf Act 1027, Pub. L.. 89-694, but not in the United - 59. Stat. 714, Pub. L.. of the plan but not Delaware River 8asin Compact (sec. 87-328 J (cons i dered a statute for in the United States Code). 15.1, 75 purposes 60. Energy Security Act [sec. 175(c), Pub. L.. 96-294, 94 Stat.' 611; 42 U.S.C. 8701 noteJ. (b) Part 1 of this subtitle contains the Department's procedural rules goyerning reQuests for wage determinations and ~he i nuance and use of SuCh wage determi nati ons under the Dnis-Bacon Act and ; ts re 1 ated statutes as 1 isted in that part. 5.2 Definitions (a) The terll .Secretary. includes the Secretary of Labor, the Deputy Under Secretary for Employment Standards, ~nd their authorized representatiyes. (b) The terll .Adllinistrator. Iluns the Adllinistrator of the Wage and Hour Division. Employment Standards Administration, U.S. Departllent of Labor. or authorized repre- sentathe. . (c) The terll -Federal agency- Iluns the agency or instrumenta11'ty of the United States which enters into the 'contract .or proYi des assistance through loan. grant.l oan guarantee or insurance, or otherwise. to the project subject to a statute listed in 5.1. . . . (d) The terll -Agency Head- Ileans the principal official of the Federal ~gency and includes those persons duly authorized to act in the behalf of the Agency Head. (e) indhidual. The terll -Contracting Officer- Ileans the a duly appointed successor. . or authorized represen~atiye who is desi9na~ed and .uthori::ed ~o en~er into contraC~s on behalf ef the Federal agency. . (f) The term "labor standards' as used in ~his part muns the requirements of ~he Dayis-Bacon Act, the Contract Work Hours and. Safety Standards Act (ether than those relating to safety and health), the Copeland Act, and the prevailing wage provisions of the ether sta~utes 1~sted in 5..1. and the regulations in Parts 1 and 3 of thlS subt1tle and th1s part. (g) The .term. "United States ~r ~he District of C.olumbia" means the un1ted States,. the D15tr1ct of ~01umbia, and all elecutive Qepartmen~s, lndepend~n~ establ1shments, aaministrative agencies., and 1nstru.ment.al1tu.s of the United States ana of the Distrlct of C.olumbla, 'nclud'n~ corporations, all or substantia11y all of the stock of whiCh. 15 beneficia11y owned by ~he Unitea States, by the forego,ng departments, establishments, agencies, inst~u~entalities, and incluaing non- appropriated funa instrulllental,t,es. (h) The term "contract. Illeans any prime contract which is subject wholly or in plrt to the 1abor standlrds provisions of any of the Icts listed fn 5.1 Ind Iny subcontrlct of Iny tier thereunder, let under the prime contract. A State or local Government is not regarded as a contractor unaer statutes provi di ng loans, grants, or other Feder.a 1 assistance in situations where construction is performed by its own. emp 1 oyees. . However, under statutes reQui ri ng paYllent of prevl11 i ng wages to a" 1 aborers and lIechani cs ellployed on the .usisUd project, such II the U.S. Housing Act of 1937, State and local recipients of Federal-aid .ust pay these ellployees according to Davis-Blcon labor standardSL (i) The teras .building. 'or .work. generally include construction activity as distinguished fro. .anufacturing. furnishing of .aterials. or servicing and .Iintenance work. The terms include without 11.itation. buildings. structures. and improvements of all types. such as bridges. dalls. pllnts. highways, plrkwlYs. streets. subways. tunnels. sewers. mlins. power' lines. p.umping stations. heavy generators. railways. air- ports. terminals. docks. piers. wharves. ways. lighthouses. buoys. jetties. brelkwaters. levees. clnals. dredging. shoring. rehabilitation and reactivation of p1ants. scaffolding. drilling. blasting. eacavlting. clearing. and landscaping. lhe .anufacture or furnishing of .aterials. articles. supplies or . equipment (whether or not a Federal or State agency acquires title to suCh .Iterials. articles. supplies. or equipment during the course of the manufacture or furnishing. or owns the mlterills frOIl which they are manufactured or furnished) is not I .building. or .work. within the aeaning of the regulations in this part unless conducted in connection with and at the site of suCh I building or work II is described in the foregoing sentence. or under the Uni ted States Housing Act of 1937 and the Housing Act of 1949 in the construction or development of the proj"t. (j) The ~erms .construc~ion", .prosecu~ion-, -comp1etion-. or -repair- mean all types of work done on a particular building or work at the site ~~ereof (or. under t~e united States Housing Act of 1937 and t~e Housing Act of 1949), all work done in t~e construction or developmen~ of t~e project. including wit~out limitation. altering. remodeling. installation (whe~e appropriate) on the site of the work of items fabricated off-site. painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the constructi on contractor or ~onstru~tion sub~ontractor. and the manufacturing or funishing of materials. arti~les. supplies or eQ~ipment on the site of the building or work lor. under the un1ted States Housing Act of 1937 and the Housing Act of 1949. in the ~onstru~ti on or development of the project). by persons employed by the contractor or subcontractor. (k) The term -publi~ building" or .publi~ work" in~ludes building or work. the ~onstru~tion. prose~ution. ~om- pletion. or repair of whi~h. as devined above. is ~arried on d;re~tly by authority of or with funds. of a Federal agen~y to serve the interest of the general publ'~ regardless of whether title thereof is in a Federal agen~y, (1) follows: The term "site of the work" is def{ned as (1) The "site of the work. is. limited to the physi ~al p1a~e or pla~es where the construction caned for in the contra~t win remain when work on it has been ~ompleted and. as d i s~ussed in paragraph (1)( 2) of this se~ti on. other adja~ent or nearby property used by the contractor or subcon- tra~tgT in su~h ~onstru~tion which ca~ reasonably be said to be included in the "site., (2) Except as provided in paragraph (1)(3) of this se~tion. fabri~ation pl~nts. mobile factories. batch plants, borrow pits. ;jOb headquarters. tool yardS. etc.. are part of the "site of the work. provided they are dedicated e:lclusively. or nearly so. to perfor.ance of the contract or project. and are so located in pro:limity to the actual construction location that it would be reasonable to include tnem, (3) Not included in the .site of the work.' are permanent home offices. branch plant establishments. fabrica- tion plants. and tool yardS of a contractor or sutlcontractor · whose 1 oclti ons and conti nuance in operati on are determined wholly without regard to a particular Federal or federally assisted contract or project. In addition. fabrication plants. batch plants. borrow pits. ;job headquarters. tool yards. etc.. , of a commercial supplier or ma~erialmlln which are es~ablishecl by a supplier of ma~erials for ~he projec~ before opening of bids and not on ~he projec~ si~e. are not inclucled in the "site of the work", SUCh permanent, previously establishecl facilities are not a part of the "site of the work", even where the operations for a periocl of time may be cledicated exclusive- ly, or nearly so, to the performance of a contract. (m) The term "labore~" or "mechanic" includes at 'east thOse workers whOse Clutles are manual or physical in nature (inc'uding those workers who use tools or who are perforlling the work of a tra.~e), as .distin,,9uished. f.roll! lIental or lIanageria'. ihe term laborer or lIechanlc lncludes apprentices. trainees. helpers. and. in the case of contracts subject to the Contrlct Work Hours and Safety Standards Act. wltchmen or gUlrds. ihe ~e~m doe~ not IPP'Y. to workers whose duties Ire primarily Idmlnlstratlve. executlve. or clerical rather than manuIl. Persons employed in a bonl fi de eucu: tive. Idministrative. or professiona' clplcity IS defined in Part 541 of t.hi s titl e Ire not deemed t.o be laborers or mechlnics, Working foremen WhO devot.e more thin 20 percent of their t.ime during a workweek to mechlnic or 'Iborer duties. and whO do not meet the cri t.eria of Plrt. 541. are laborers and lIechanics for the tille so spent, (n) foll ows: The t.erms Ipprent.ice Ind trlinee Ire defined IS (1) . Apprent.i ceo lIuns (i) a person eIIp.loyed Ind individullly regist.ered in I bonl fide Ipprenticeship pro- gram regist.ered with the U.S. Deplrtment of Labor. Emp'oyment. and ~Iining Adllinistrltion. BureaM of Apprenticeship and Trlining, or with a Stat.e Apprent.iceship Agency recogni~ed by the Burelu. or (ii) a person in the first gO dlYS of probationlry emp'oyment. as an apprentice in SUCh an apprent.iceship program. whO is not individua"y registered in the program. but who has been certified by the Bureau of Apprent.iceship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as a~ apprentice~ (2) "Trainee- lIeans a person !'egistered and receiving on-tne-job training in a construction occupation under a program whiCh has been approved in advance by the U.S. Departllent. of Labor, Employment and Training Administration. as meeting its standardS for on-the-JOb training programs and" WhiCh has been so certified by that Administration. (3) These provisions do not apply to -apprentices" and -trainees- .mployed on projects subject to 23 U.S.C. 113 who are enrolled in programs- whiCh have been certified by the Secretary of Transportation in accoraance with 23 U.S.C. 113(c). (0) 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 United States is "employed" regardless of any con- tractual relationship alleged to exist between the contractor and such person. (p) The term .wages" means the basic hourly rate of pay, any contribution irrevocably made by a contractor or SUb- contractor to a trustee or to a third person pursuant to a bona fide fringe benefit fund. plan. or program, and the rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing bona fide fringe benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan of'program. which was communicated in writing to the laborers and me~hanics affected. The fringe benefits enumerated in the Davis-Bacon Act inclUde medical or hospital care. penSions on ret1rement or death, compensation for injuries or illness resulting from occupational Ictivity. or insurance to provide Iny of the fore- going; unemploYllent benefits; life insurance. disability insurance. sickness insurance. or accident insurance; vacation or holiday pay; defraying costs of apprenticeship or other sillilar progralls; or other bona fide fringe benefits. Fringe' benefits e10 not incluele benefits required by other Federal. Stlte. or local law. (Q) The term .wlge dete"'inati~. includes. the origin.l decision and any subsequent decisions moelifying. supersedi ng .correcti ng. or otherwise changing the provisions of the original decision. The application of the wage e1etermination shall be in accordance with the provisions of 1.6 of this title. 5.3 -.5.4 [Reserved] 5.5 Contract Provisions and Related "atters (a) The Agency head shall. cause or reQui re the contrlcting officer to insert in full in any contract in.excess . of S2.DDD which is entered into for the actual construction. alteration and/or repair. including painting and decorating. of a pUblic building or pUblic work. or building or work financed in'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 ma~e a 10an. grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standardS provisions of any of the acts listed 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); (ll Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the united States Housing Act of 1937 or under the Mousing Act of 1949 in the c~n~truction or development of the project), ",in be paid uncond1tlonally and .not less often than once a week and without subseQuent deductlon or rebate on any account (ex~ePt such payro 11 deducti ons IS are permi tted by regulations issued by the Secretary of Labor under the Copeland Act (29 cn Part 3)J. the full amount of wages and bona fide fri nge benefi ts (or ClSh eQuivalents thereof) due It tille of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor whiCh is attached hereto and made a part hereof. regardless of any contractual relltionship which lIIay be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under secti on II b)( 2) of the Davis-Bacon Act on behalf of laborers or me:~anics are considered wages paid to such laborers or meChanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for 1II0re than a weekly peri od (but not less often then Quarterl y) under plans. funds, or prograllls whi ch cover the particular weekly period, are deemed to be construct- ively made or incurred during such weekly period. Such laborers and mechanics shall be paid the aapproximcte wage rate and fringe benefi.ts on the wage deterllination for the class- ification of work actually performed, without regard to skill, except as provided in s.s(a)(4). Laborers or Ilechanics perform- ing work in 1II0re than one classification may be compensated at the rate specified for each classification for the tillle actuLlly worked therein: provided, that the employer's payroll records accurately set forth the time spent in each classifica- tion in which work is performed. The wage determination (inclUding any additional classification and wage rates conforllled under paragraph (a)( 1)( 11) of this secti on) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of ~he work" in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall reQuire that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wlge de~erminltion. Tne con~rlcting officer snl" Ipprove In add i t ion a , c 1a IS if; cat ion In d wig e r I'U In d f r ; n 9 e Den e f ; u tnerefor only when the following criteria hive Deen met: (1) The work ~o be perform- ed by the classification reQuested is no~ performed by a classification in tne wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate including any bona fide fringe benefits, bears a reuonabl; relationship to the wage rates contained in the wage determin- ation. (B) 1 f the contractor and the laborers and mechanics to be employed in the classification (if known), or thei r representatives, and the contracti ng of.1i cer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contacting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.t. 20210. The Administrator, or 1ft authorized represent- a the, wn 1 approve, 1II0di fy, or di npprove every addi ti onal classification action within 30 days of receipt 'and so advise the contracting officer or will notify the contracting officer within the '30-day periOd that additional tillle is necessary. (Approved by the Offi ce of Managelllent and Budget under OMB control number 1215-0140.) - (t) In the event the contractor. the laborers or lIechanics to be employed in the cllSsiftcation or thei r representatives, and the contracting offi cer do not agree on the proposed classification and wage rate (including the alllount designated for fringe benefits, where appropriate), the contracting officer shall refer the Questions, inclUding the views of all interested parties and the recollllllendation of the contracting officer, to the Adllinistrator for deterlllination. The Administrator, or an authorized representative, will issue a determination within 30 days of recei pt and so advi se the contracting offi cer or w11 1 notify the contracting officer within the 3D-day period that addition- al tillle is necessary. (Approved by the .Office of Managellent and' Budget under OMB control number 1215-0140.) (D) The wage. rate (including fringe benefits where appropriate). deterllined pursuant to sub- paregraphs (l)(b) or (e) of this parallraph, shall be paid to all workers performing work in the classification under this contract froll the first day on which work is perforlled in the classification. . ( i i i ) Whenever the rri n i lIlum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit whil:h is not expressed as an hourly rate. ~he contral:tor shall either pay the benefit as stated 1n the wage determination or ~hall pay another bona fide fringe benefit or an hourly cash eQu1valent thereof. (i v) 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 providing bona fide fringe Denef1ts under a plan or program, provided. that the Secretary of Labor has found. upon the wr1tten request of tne contractor. that the applicable standardS of tne Davis-aacon Act have been me~. !he Secretary of LaDor may require tne contractor to set aS1de 1n a separate account assets for the meeting of obligations under the plan or program. (Ap;)l"oved by the Offi ce of Management and Buelget uncler OMB Control number 1215-0140.) . (2) Withholding. ihe (write in name of Federal Agency or the ioan or grant recipient) shall upon it.s own acti on or U;lonwri tten request of an autnori zed repres.ntative of the Department cf ~abor withhold or cause to be wit.hheld from the contractor un!:er th is contract or any other F edera 1 contract wi th the same pri me contractor, or any other F edera 11 y-us i sted contract subject t.o Davis-Sacon preva i 11 n9 wage requirements, which is held by the same prime contractor, so much of the accrued payment.s or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, anel helpers, employed by the contractor or any subcontractor the full amount of wages reQllired by -the _ contrai:t. In the event of failure to pay any laborer or meChanic, including any apprentice, trainee, or helper, emp 1 oyed or work i ng on the s.i te of the work (01" under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction 01" development of the project), all 01" part of the wages required by the contract. the (Agency) .ay, after written notice to the contractor. sponsor. applicant. 01" owner. take such action as .ay be necessary to cause the suspension of any further pay.ent. advance. or guarantee of funds until such violations have ceaseel. . (3) Payr0115 and buic records. (i) Payr0115. and basic records relating thereto sha" be .aintained by the contractor duri ng the courle of the work and Jlreserved for a period of three years thereafter for a" laborers and .echan;cs working at the site of the work (or under the United States Housing Act of 1937. or under the Housing ACt of 1949. in the r-----::.....-- c:ons~ruc:~; on or devel opmen~ of ~he projec:~ l. SuC:h records shall c:on~a;n ~he name, address, and soc:;al secur;~y number of each such worlr.er, his or her c:orrec~ 'class;fica~ion, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash eQuivalents tllereof of tile types described in section 1(b)(2l(B) of tile Davis-Bacon Act), daily and weelr.ly number of hours worlr.ed, deductions made and actual wages paid. Wllenever the Secretary of Labor has found under 29 erR 5.5(al(1)(iv) that tile wages of any laborer or mecnan~c incl~d~ tile amount of any Costs reuonably anticipated 1n provldlng benefits under a plan or program described in section 1(b)(2)(B) of tile Davis-Brown Act, tile contractor sllall maintain ~ecor~s wllich sllow tllat tile commitment to provide sucll beneflU 1$ enforceable, that tile plan or program is financially responsible, and' that tile plan or .progralll has been communica~ed in writing to the laborers or mecha nics affected, a nd records wh i ch shOw the costs anticipated or the actual cost incurred in providing sucll benefi ts, contractors empl oyi ng apprenti ces or tra i nees under approved programs shall maintain written evidence of the registration of apprenticesllip programs and certification of trainee programs, tile registration of the apprentices and trainees, and the ratios and wage rates prescribed in teh applicable programs. (Approved by the Office of Management and Budget under OHB control numbers 1215-0140 and 1215-0017.) (i i) (A) The contractor shall submit weelr.ly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate Federal agency) if the agency is a party to tile contract, but if tile agency is not such a party. tile contractor wi 11 submi t tile payro lls to tile app1i cant. sponsor. or owner. as tile case may be, for transmission to the (write in name of agency) . The plyro 1 ls submi Ued shill s..t out ac~ur.te ly and completely III of the information .reQuired to be ma1atlined under 5.5(1)(3)(i) of Regulations. 29 eFR Part 5. Tllis infor- mation IliIY be submitted in any forll desired. Optional Form WH-347 is available for this purpose and may be purchased froll the Superintendent of Ducullents (Federal Stock Number 029-005-00014-1), U.S. Goyernment Printing Office. Washington. D.t. . 204D2. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Offi ce of Managellent and Budget under OMB control number 1215-D149.) (8) tach payroll s.ubmit- . ted shall be accompanied by a -Statement of Compliance-. signed by the contractor or subcontractor 01' his or her agent who pays 01' supervises the payment of the persons employed under the contract and shall certify the following: 1------ (l) inat "tne pay. roll for "tne payroll period con"tains "tne informatlon reQulred "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 trainee) employed on the contract during the payroll periOd has been apid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions hlYe been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CrR Part 3; (2 ) (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 perforllled, IS specified in the applicable wage determination incorporated into "the contrac~. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the reQuirellent for subllission of the .Sta"telllent of Compliance. required by paragraph (a)(3)(ii)(8) of this section. (D) The falsifica- certifications .may subject the to civil or cri mi na 1 prosecuti on 18 and Section 231 of Title 31 of tion of any of the above contractor or subcontractor under Section 1001 of Title the United States Code. (ii f> Tu contra~tor_ or .sub- contractor shall .alte the records. reQui red under paragraph (a)(3)(i) of this section available for inspection. copying. or transcription by authorized representatives of the (write the nallle of the agency) or the Department of Labor. and shall permit such representatives ~o interview e.ployees during worlting hours on the job. If ~he con~ractor or subcontractor fail. to submit ~he required records or to .ake the. available. the Federal agency .ay, after written notice to the contractor. sponsor, applicant. or owner. talte such action as may be necessary to cause the suspension of any further paylllent. advance. or guarantee of funds. Further.ore. failure to sublllit the reQui red records upon request or to lIIake such r.ecords available lIIay be grounds for debar.ent action pursuant to 21 CFR 5.12. . . (4) Apprentices and irainees (il Apprentices. APprenti ces wi 11 be permi tted to work at 1 ess than the preoe- termined rate for the work they performed when they are employ- ed pursuant to anO inOividually registered in a bona fide apprenticeship program registered ",ith the U.S. Department of ~abor, Employment and iraining Administration, Bureau of APprenticeship and iraining. or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not 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 employ~ent as an appren~1ce.. Th.e allowable ratio of apprentices to Journeymen on the Job s1~e 1n a~y craft classification sha'l not be greater than the rat10 perm1tted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage ra te; who is not regi stered or otherwi se emp 1 oyed as stated above, sha'l be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered progralll shall be paid not less than the applicable wage rate on the wlge determination for the work actually performed. Where a contractor is performi ng constructi on on a project in a locll 'I ty other than that ; n whi ch its prograll is registered. the ratios and wlge rates (expressed in percentages of tile journeyman's Ilourly rate) specified in tile contractor's or subcontractor's registered program slla" be observed. 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 percentage of the journeymen. hourly rate.. specified in the applicable wage deterllination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship prograll. If tile apprenticeship prograll does not specify fringe benefits. apprentices must be paid the full amount of fri nge bendi ts 1 hted on the wage deterlli na- tion for the applicable classification. If the Adllinistrator deteMli nes that a different practi ce preva i ls for tile applicable aapprentice classification. fringes shall be paid in accordance witll that deterllination. In the event the Bureau of ApprenticeShip and Training. or a State Apprenticeship Agency recognized by the Bureau. withdraws approval of an apprentice- slli p prograll. tile contractor wil 1 no longer be peril; tted to. utilize apprentices at less tllan tile applicable predeterllined rate for tile work perforlled until an acceptable prograll is approved. . . (i i) lra inees. Except as provided in 29 CFR 5.16. trainees wil' not be perllitted to work at less tllan the predeterllined rate for tile work performed unless they are ellployed pursuant to and individually registered in a program which has received prior approval. evidenced by forma' certification by tne U.S. Department' of ~abor. Employment and Training Administration. The ratio of trainees to journey- men on the jOb site shall not be greater than permitted under the plan approved tly tne Employment and Training Administra- tion. Eyery trainee must tle 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 applicatlle 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 pa~d t~e full amount of fringe benefits listed on the wage determlnatlon unless the Administrator of the wage and Hour Division determines that there is an apprentiCeship program associated wi~~ th~ corres- ponding journeyman wage rate on. the wage, determlnatlon whiCh proyi des for 1 ess than full frage benefl ts for apprenti ces. 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 Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually 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 applicatlle wage rate on the wage determinltion for the work Ictullly performed. In the event tne Employment and Training Administration withdrlws approval of. a training pro- grim. the contrlctor wi" no 1 onger be permi tted to uti 1 i ze trlinees at less than tne applicable predetermined rate for the work performed until an Icceptable program is approved. (iii) EQual Employment Opportunity - The util i Ziti on of apprenti ces. tra hees and -jouraeymen under tnis part shall be in conformity with the eQual ellployment opportunity reQuirements of Executive Order 11246. as allended. Ind 29 eFR Part 30. (5) eOllpliance With Copeland Act ReQuirements - The contractor shall cOllply with the reQuirellents of U eFR Part 3. wnich are incorporated by reference in tnis contract. (6) Subcontracts - The contractor or subcontract- or snlll insert in Iny subcontracts the clauses contained in 29 eFR 5.5(a)(1) through (10) and SUCh other clauses as the (write in the nalle of tne Federal agency) may by appropriate instruct- ions reQuire. and also a clause reQu1ringthe subcontractors to include tnese clauses 1n any lower tier subcontracts. The prille contractor shall be responsible for the cOllpliance by any subcontractor or lower tier subcontractor with all the contract ~lauses in 29 eFR 5.5. . . 17l Contract Termination~ Debarment - A breach of the contract c'ause in 29 CFR 5.5 may be grounds for termina- tion of the contract. and for detlarment as a contractor and a sutlcontractor as provided in 29 CrR 5.12. (B) Compliance with Dayis-Bacon and Related Act All ru'ings and interpretations of the Related Acts contained in 29 CrR Parts 1. 3. incorporated by reference in this contract. Requirements Dui s-Bacon and Ind 5 are herein (9) Disputes Concerning Labor Standards Disputes Irising out of the labor standards provisions of this contract shall not be subject to the general aisputes clause of this contract. Sucn disputes shall be resolved in accordance with the procedures of tne Deplrtment of Labor set forth in 29 erR Plrts 5. 6. and 7. Disputes within the muning of this c 1ause i nc 1 ude disputes between the contractor (or any of its subcontractors) and the contrlcting Igency. the U.S. Department of Llbor. or tne employees or their r~presentltives. (10) CertifiCltion of Eligibility - (i) By enter- ing into this contract the contrlctor certifies thlt neither it (nor he or she) nor Iny person or firll who has an int~rest in the contrlctor's firm is a person or firll ineligible to be awarded Goyernment contracts by virtue of section 3(a) of the Dlyis-Blcon Act or 29 eFR S.12(a)(1). (ii) No part of this contract Shall be subcontrlcted to Iny person or firll ineligible for award of a Government contract by yi rtue of secti on 3 (a) of the Davis-Blcon Act or 29 eFR 5.12(1)(1). (iii) The penllty for making false statements is prescribed in the U.S'. Crillinal Code. 18 u.s.e. 1001. . (b) Contract Work Hours and Safety Standards Act - The Agency Held shill cause or require the contracting officer to insert th, following clauses set forth in paragraphs (b)(ll. (2). . (3). and (4) of this section in full in any contract subject to the overtille provisions of the Contract Work Hours and Slfety Standards Act. These clauses shall be inserted in addition to the clauses reQuired by 5.5(a) or 4.6 of Part 4 of tnis title. As used in this paragraph. the terlls .'aborers. and. .lIechanics. include watchllen and guards.. (1) Overtille ReQuirements - No contractor or subcontractor contracting for any part of the contract work whi ch Illy reQui re or involve the employllent of laborers or mechanics shill reQuire or permit any such laborer or lIechanic in any workweek in which he or she is employed on suCh work to work in excess of forty hours in SUCh workweek un'ess SUCh laborer or mechanic receives compensation at a rate not 'ess than one Ind one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation: Liability for Unpaid Wages: Liquidated Damages In the event of any violation of the clause set forth in paragraphs (b)(ll of this section tne contractor and Iny subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the Case of work done under contrlct for the District of Columbia or a territory, to such Distr~ct, or to such territoryl, for liQuidated clamages. Suc~ ~lQUldated damages Shll~ be.computed with respect to eacn indlvldull laborer or lIechanlc, lncluding watchmen Ind gUlrds, employed in violation of the clause set forth in paragraph (b)(11 of this section. in the sum of $10 for each calendlr day on which such individull was reQuired or permitted to work in e~cess of the stlndard workweek of forty hours wi thout plyment of the overti me wages reQui red by the clause set forth in paragraph (bl(11 of this section. . (3) Withholding for Unplid Wlges and LiQuicllted Oamages - The (write in the nalle of the Federll agency or the loan or grant recipientl shall upon its own action or upon written reQuest of an authorized representltive of the Department of Labor withhold or cause to be withheld. froll any moneys payable on account of work perforlled by the contractor or subcontractor uncler any such contract or any other Federal contract with the same prille contractor. or any other Federally- Issisted contract subject to the Contrlct Work Hours and Safety Standards Act. which is held by the salle prime contractor. such SUIIS as Ilay be deterllined to be necessary to satisfy Iny liabilities of such contractor or subcontractor for unpaid wages and 1iQuidlted dallages as provided in the clause set forth in subparagraph (2) of this paragraph. (41 Subcontracts.- The contractor or subcontract- or shall insert in any subcontracts the clauses set forth in subparlgraph (11 through (41 of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The pri lie contractor sha 11 be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth. in subparlgraphs (1) through (4) of this paragraph. (cl In addition to the clauses contl1ned in plragraph (b). in any contract subject only to the Contract Work Hours . and Safety Standards Act and not to any of the other sta~utes ci ted ; n 5.1, the Agency head sha 1 1 cause or reQui re the contrlcting officer ~o 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 I peri od of three years from the compl eti on of the contract for all laborers and mechanics, including guards Ind watchmen, work; ng on the contract. SUCh records shall contain the name and address of uch such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly nu~ber of hours worked, deduct- ions made and actual wages pald. Further, the Agency Head shall cau;e or reQuire the contrlct;ng officer to insert in any such contract a clause providing that the records to be Ilainta;ned under this paragraph shill be made Iyailable by the contractor or subcontractor for i nspecti on. copyi ng. or transcri pti on by authori zed representatives of the (wri te the nalle of Igency) and the Deplrtment of Llbor. and the contrlctor or subcontractor will permit such representatives to in~erview employees during working hours on the job. (Approved by the Office of Mlnlgelllent Ind Budget under OMB control numbers 1215-0140 and 1215-0017.) 5.6 Enforcement (a)(11 It shill be the responsibility' of the Federal agency to ascertain whether the clauses required by 5.5 hue been inserted in the contracts subject to the labor standardS provisions of the Acts contained in 5.1. Agencies which do not directly enter into such contracts Shall promulgate the necessary regulations or procedures to require the recipient of the Federal ass istance to insert 1 nits contracts the provisions of 5.5. No payllent. advance. grant. loan. or guarantee of fundS shall be approved by the Federal agency unless the agency insures that the clauses required by 5.5 and the appropriate wage deterlll1nation of the Secretary of Labor are conta i ned in such contracts. Furthermore. no payment. adva~ce. grant. loan. or guarantee of funds shall be approved by the Federll agency after the beginning of construction unless there is on file with the agency. certification by the contractor that the contractor and its subcontractors have complied with the provisions of 5.5 or unless there is on file with the agency a certification by the 'contractor that there is a substantial dispute with respect to the required proviSions. . (21 Payrolls and Statellents of eOllpliance subllitted pursuant to 5.5(a)(3)(ii) shall be preserved by the Federa 1 agency for a peri od of 3 years from the date of cOllpletion of the contract and shall be produced at the request of the Department of Labor at any time duri ng the 3-year periocl. 13l The Federal agency' shall cause such investigations to be made as may tle necessary to assure ~ompliance with the labor.standards clauses reQuired by 5.5 and the appliclble statutes 11sted 1n 5.1. Inyest1gat10ns Shall be macle of all contracts with such freQuency as may be necessary to assure compliance. Such investigations shall include interviews with employees, which Shal) be taken in confidence, and examinations of payroll daU and evidence of registration and certification with respect to apprenticeship and training plans. In making such examinations, particu~a: ca:e shall be taken to determine the correctness of clasS1f1cat1ons and to determine whether there is a disproportionate employment of laborers and of IPprentices or trlinees registered in approved programs. Such investigations shall Ilso include evidence of fringe benefit plans and pay.ments ~he~eunder. Complaints of alleged violations shall be g1yen pr10r1ty. (4) 1 n accordance wi th norma 1 operui ng procedures. the contracti ng Igency lIay be furni shed Ylri ous inyestigltory Ilaterill froll the investigltion files of the Department of Labor. None of the IIlterill. other than COllpU- tations of blck wages and liQuidlted damlges and the sUlllllry of blck wages due, may be disclosed in Iny IIlnner to anyone other than Federal officials chlrged with Idllinistering the contract or program providing Federal assistlnce to the contract. without reQuestng the perllission and views of the Department of Labor. (5) It is the po 11 cy of the Departllent of Labor to protect the Uenti ty of its confi dentia 1 sources and to prevent an unwarranted invasion of personal privacy. Accordingly, the identity of an ellployee who lIakes a-wP1tten.or oral statement IS a cOllplaint or in ~e course of an investiga- tion. as well as portions of the statellent which would revell the ellployee's identity. shall not be disclosed in any manner to anyone other than Federal officials without the prior consent of the employee. Disclosure of ellployee stltellents shall be governed by the provision~ of the .Freedoll of Information Act~ (S U.S.C. 552. see eFR Part 70) and the .Privacy Act of 1974. (5 U.S.C. 552a). (bl The Adllinistrator shall cause to be made such investigltions as deemed necessary. in .order to obtain c~lIpli- ance with the labor standardS provisions of the app1i~able statutes listed in 5.1. or to affirm or reject the recollllenda- tions by the Agency Head with respect to labor standards matters arising under the statutes listed in 5.1. Federal agencies. contractors. subcontractors. sponsors. applicants. or owners Shill cooperate with any authorized representlthe 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 findings of such an investigation. including allounts found due. may not be altered or reduced without the . approval of the Department of ~abor. Where the underpayments disclosed tly suCh an investigation total Sl,OOO or more. where there is reason to tlelieve that the violations are aggrevated or willful (or, in the case of the Davis-Bacon Act, tllat the contractor has di$regarded its obligations to employees and subcontrlctors). or where 1 i Qui da ted damages may tle assessed uncler the Contract Work Hours and Safety StandardS Act. tile Deplrtment of Labor will furnish the Federal agency an enforcement report detailing the labor standardS violations disclosed by the inYestigat~on a.nd any a~tion ~aken ,by the contractor to correct the Y10latlYe pract1ces, aclud1ng any payment of baCk wages. In other circum.st,ance.s, the Federal Igency will be furn~shed ~ le.ner of not1f1cat10n summarizing the findings of tile 1nYest1gat1on. 5.7 Reports to the Secretlry of Llbor (I) Enforcement Reports. (1) Where underplyments by I contractor or subcontrlctor totll 1 ess than $1.000. and where there is no reason to believe that the Yiolltions Ire aggregated or wi" ful (or, in the cue of tile Dnis-Bacon Act tllat the contractor hIS disreglraed its Obligations to ellployees and subcontractors). and where restitution hIS been effected Ind future compliance assured. the Federal age~cy need not submit its investigative findings and recolllllendations to tile Administrator, unless tile investigltion WIS lIade at the reQuest of the Departllent of Labor. In tile. latter case, the Federll agency shill submit a factual SUllmary report detailing any violations including any dlta on the allDunt of restitution pa i d. the number of workers who recei ved resti tuti on. liQuidated dlmages assessed under the Contract Work Hours and Safety StandardS Act. corrective _lIeasures taken (such as .'etters of notice.l. and any inforllltion that lIay'be necessary to review any recOllmendations for an appropriate adjus~ment in liQuidlted damlges under 5.8. (2) Wllere underplyllents by a contractor or subcontractor total Sl.000 or 1I0re. or where tllere is reason to believe that tile violations are aggrnated or willful (or. in the ~ase of the Davis-Bacon Act. that the contractor has disregarded 1 ts ob 1 i gati ons to ellp 1 oyees and subcontractors I . tile Federal agency Shall furnish within 60 days after cOllple- tion of its investigation. a detailed enforcement report to the Adlli n is tr nor. . (b) Selli-annual Enforcelllent Reports - To .usi It tile Secretary in. fulfiling the responsibilities under Reorgani%ltion Plan No. 14 of 1950. Federal agencies shall furnish to the Adllinistrator by April 3D and October 31 of each calendlr yelr semi-annual reports on cOllpliance with and enforcement of the labor standards provisi ons of the Oayis-Bacon Act and its re'ated acts covering the periodS of October 1 throughfolarcl'l 31. and Apri 1 1 through SeptemDer 30. respecti yely. Such reports sha 1 1 De prepared in the manner prescribed in memoranda issued to Federal agencies tly the Administrator. This report has been cleared in accordance with FPMR 101-11.11 and assi gned interagency report control numDer 1482-DOL-SA. (c) Additional Information - upon request, the Agency Head sha 11 transmi t to t.he Admi ni strator such i nfor- mation available to the Agency w1th respect to contractors and subcontractors. their contrlcts, and t~e nlture of the contract work as the Administrator ~ay !1nd necesury for the performance of his or her dutle.S W1~h respect to the labor stlndarcls provisions referred to 1n th1S part. (dl Contrlct Termination - Where a contrlct is terminated by reason of yiolltions of the labor stlndardS provis ions of the s tI tutes 1 i sted in 5.1, I report sha 11 be submitted promptly to the Administrltor and to the Comptroller General (if the contract is subject to the Davis-Bacon Act). giving the name and address of the contractor or subcontractor whose ri ght to proceed hIS been termi nated. and the name and address of the contractor or subcontrlctor. if any. who is to camp 1 ete the work. the amount and nUllber of the contract. and the description of the work to be perforlled. . , 5.8 Liquidate; Oamlges Under the Contract Work Hours and Safety StandardS Act _ (a I The Contrlct Work Houe$ and Safety StandardS Act requires that laborers or mechanics shall be pl;d wages at a rIte not less thIn one Ind one-hllf tiaes the basic raie of pay for. a 11 hours worked in excess of forty hOUrs in any workweek. In the event of violation of this provision. the contractor and Iny subcontractor shall be liable for the unpaid WIlles and in addition for liQuidated dallalles. cOllputed with respect to each laborer or aechanic employed in violation of the Act in the aaount of SlD for each calendar dlY in the workweek on which such individual was r~Quir.d or perllitted to work in excess of forty hDurs without payment of reQuired overtime wlges. Any contractor or subcontractor aggrieved by the withholding of liquidated damages Shall have the right to Ippeal to the held of the agency of the United States (or the territory of District of tolullbia. as appropriate) for which the contrlct work was perforlled or for which financial assistlnce w~s provided. b) Findings and Reco..endations of the Agency Head - The Agency Head has the authority to review the adllinistrative deterllinltion of 1iQuidated dallages and to issue a finll order Iffirlling the determination. It is not necessary to seek the concurren.ce of the Administrator. but the Adllinistrator shall be advised of the action taken. Whenev.er . the Agency Head finds that a sum of 'iQuidated damages administrative'y determined to be due is incorrect or that the contractor or subContractor violated inadvertently the provisions of the Act notwithstanding the exercise of due care upon the plrt of the contractor or sutlcontractor inyolyed, 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 that an appropriate adjustment in 1 i Qui dated damages be made ~r, that the contr~ct~r or subcontractor be relieved of liab111ty for such 11Qu1dated damages. SUCh findings with respect to liQuidated damages shall inclUde findings with respect to any, wage underpayments for whiCh the liQuidated damages are deterlll1ned. (cl The recommendations of the Agency Head for adjus tment or re 1 i e'f from 1i QU i dl ted dlml ges under paragraph (al of this section shill be reviewed by the Administrator or an authorized representative who shill is.sue an order concurring in the recomendations. plrtially, co~curring in the recommendations. or reJecting the recolllmendlt10ns. Ind the relsons therefor. The order shill be the final decision of the Oepartllent of Labor. un 1 ess I peti ti on for revi ew ,is fi 1 ed pursuant to Plrt 7 of this title. and the Wlge Appeals Board in its discretion reviews such decision and order. or. with respect to contracts subject to the Service Contract Act. unless petition for review is filed pursuant to Part 8 of this title. an~ the Board of Service Contract Appells in its discretion reviews suCh decision and order. (d I Wllenever the Agency Head fi nds that a SUII of liQuidated damlges Idlllinistrltively deterllined to be due under section 104(al of the Contract Work Houri and Safety StandardS Act for a cont,.act i I 1500 or less and the Agency Head fi nU that the sum of liQuidated dallages is incorrect or that the contractor or subcontractor violated inadvertently the provisions of the Contract Work Hours and Safety Standards Act notwithstanding the exercise of due care upon the part of the contractor .o~ subcontractor involved. an appropriate adjustment mly be made in such liquidated damlges or the contractor or subcontractor may be relieved of 1 iabi lity for suCh liquidated dallages without sublllitting recolllllendations to thi s effect or a report to the Department of Labor. This delegation of authority is lIIadeunder section 105 of the . Contract Work Hours and Safety Standards Act and has been found to be necessary and proper in the pUblic interest to prevent undue hlrdlhip and to avoid serious impairment of the conduct of Government business. 5.9 Suspension of Funds In the event of fai 'ure or refusal of the contractor or any sutlcontractor to comp'y with the 'abor standardS clauses con~ained in 5.5 and the applicatlle sta~utes 'isted in 5.1 the Federal agency, upon its own action or upon written reQuest of an luthorized representative of the Department of Labor, Shall take such action as may be necessary to cause the suspension of ~he payment, advan-ce or guarantee of fundS until such time IS the violations Ire discontinued or until sufficient fundS are wi thhe' d to compenSl te emp 1 oyees f or the wages to wh i ch ~hey are entitled and to cover any liquidated damages which may be due. 5.10 Restitution, Criminal Action. (a) 1 n cues other than those forwarcled to the Attorney General of the United States under plrlgraph (b). of ~his section. where violations of the labor standlrds clauses contained in 5.5 Ind the IPplicab1e statutes listed in 5.1 result in underpayment of wages to ellployees, the Federal agency or an authori zed representlthe of the Department of Labor shall request that restitution be Illde to ~uch employees or on ~heir behalf to plans. funds. or programs for any type of bona fide fringe benefits within the meaning of section l(b)(Z) of the Davis-Bacon Act. (b I 1 n cases where the Agency Hud or the Administrator findS substantial evidence that such violations are willful Ind in violltion of a crimina' stltute. the mltter shall be forwarded to the Attorney General of the United States for prosecution if the facts warrant. In all SuCh cases. the Adllinistrator shall be inforlled sillultaneousl1' of- the action taken. 5.11 Disputes Concerning Payllent of Wages (II This section sets forth the procedure for resolution of disputes of fact or law concerning payllent of prevailing wage rates. overtime pay. or proper classification. The procedures in this section may be initiated upon the Adllinistrator's own 1I0tion, upon referral of the dispute by a Federal Igenty pursuant to 5.5(a) (9). or upon reQuest of the contractor or subcontractor(s). . (b) (11 1 n the event of a ISi spute descri bed in paragraph (al of this section in which it appears that relevant facts are at issue. the Administrator will notify the affected contractor and subcontractor(s) (if any). by registered or certified mlil to the last known address. of the investigation , findings. If the Administrator determines that tnere is reasonable cause .to believe that the contractor and/or subcontractor(sl should also tle subject to detlarment under the Davis-Bacon Act or 5.1Zlallll, the letter will so indicate. (Zl A contractor and/or subcontractor desiring I hearing concerning the Administrator's investigative findings shall request such a hearing by letter postmarked withi~ 30 days of the dlte of the Administrator's letter. The request Shall set fort~ thos~ findings w~iCh ~re in dispute and the reaSons therefor, 1nclud,ng any aff1rmat1ve defenses, with respect to the violations and/or debarment. as appropriate. (3) upon receipt of I timely reQuest for I hearing. the Administrator shall refer the cue to the Chief Adllinistrative Law Judge by Order of Reference. to which shall be attached a copy of the 1 etter from the Admi ni strator and response thereto. for ~esignation of'ln Administrltive' Law Judge to conduct SUCh heari ngs IS Illy be necessary to resol we the disputed mltters. The hearing shill be conducted in accordance with the procedures set for~h in 29 eFR Part 6. (c)( 11 1 n the event of a dispute descri bed in paragraph (al of this section in which it appears that there Ire no relevant facts at issue. and where there is not at thlt tille reasonable cluse to institute debarllent prOCeedings under 5.12. the AC!lIinistntor shall notify the contractor and sub- contractor(sl (if anyl. by registered or certified lIail to the lISt known Iddress. of the i nvesti ga ti on fi ndi ngs. and Shall issue I ruling on any issues of law known to be in dispute. (2)( il If the contrlctor anl1/or sub- contractor(sl dislgree with the factull findings of the Administrator or believe thlt there are relevant facts in dispute. the contractor or subcontractor(s) Shall so advise the Administrator by letter postllarked within 30 dlys of the Adllinistrator's letter. In the response. the contractor and/or subcontractor(s) shill uplain in detail tile facts alleged to be in'dispute and attach any supporting dosumentation. (i1) upon receipt of a response under plragraph (cl(Z)(i) of this section al~eging the existence of a factual dispute. the Adllinistrator Shall eUlline the inforlla- tion subllitted. If the Adllinistrator deterllines that there is a . relevant issue of fact. the Adllinistrator shall refer the case to the Chief Adllinistrative Law Judge in accordance with paragraph (b)(31 of this section. If the Adllinistrator deter- mines that. there is no relevant issue of fact. the Administrator ShIll rule and advise tile contractor and subcontractor(s) (if any) accordingly. 13l If the contractor and/or subcontractor(sl desire review of the ruling issued by the Administrator under paragraph (c)(ll or 121 or this section, the contractor and/or sUDcontractorlsl shall file a petition for review thereof with the Wage Appeals Board within 30 days of the date of the rul i ng. wi th a copy thereof the Administrator. The petition for review shall be filed in accordance with Part 7 of this title. (d) If a timely response to the Administrator's findings ~r ruling is not made or a timely petition for review is not filed, the Administrato's findings Ind/or ruling shall be final eKcept that with respect to debarment under the Oavis-Blc~n Act. the Administr~tor shill advi~e t~e Comptroller Generll of the Aclministrator s recollmendat,on 1n accordance with 5.12(1)(1). If I timely response or peti,ti.on for review is filed the findings Ind/or ruling of the Adm1n1strltor shall be 1nope~ltive unless and until the decision is upheld by the Administrltive Llw Judge or the Wage AppealS Board. 5.12 Debarment Proceedings. (al(11 Whenever any contractor or subcontractor is found by the Secretary of Llbor to be in aggrevated or willful violation of the labor standards provisions of any of the app 11 cab 1 e statutes 1 isted in 5.1 other than tile Duis-Bacon Act. such contrlctor or subcontractor or any firll, corporation. partners hi P. or auociati on in whi ch such contractor or sub- contrlctor hu I subs.tantial interest shall be ineligible for I periOd not to exceed 3 years (from the date of publication by the COllptroller Generll of the name or names of said contractor or subcontrlctor on the ineligible Hst IS provided below) to_ recei ve Iny contracts or subcontracts subject to any of the stltutes listed in 5.1. (2) In cases arising under contrlcts covered by the Davis-Bacon Act. the Adllinistrltor Shall transmit to the eOllptroller General tile nalles of the contractors or subcontractors and their responsible officers. if any (and any f1 rms in whi ch the contractors or subcontractors are known to Ilave an interest), whO hue been found to hue disregarded their obligations to employees. and tile recollllendlt i on of the Secretary of Labor or author hed representative regarting debarment. The eOllptroller .General · will distribute a list to all Federal agencies giving the names of such ineligible person or firms. whO shall be ineligible to be aWlrded any contract or subcontract of the United States or the District of Columbia and any contract or subcontract subject to the labor standardS provisions of the statutes .listed in 5.1. (b){ll ln addition to cases, under wnicn debarment action is initiated pursuant to 5.11, whenever as I result of an investigation conducted tly the Federal agency or the Department of Latlor, and where the Admi ni s'trator fi nds reasonable cause to believe that a contractor or subcontractor has committed willful or aggravated violations of the latlor standardS provi si ons of any of the statutes 1 i sted in 5.1 lother than the Davis-Bacon Actl, or has committed violations of the Divis-Bacon Act which constitute a disregard of its Obligations to employees or subcontractors under section 3(a) thereof. the Administrator shall ntoify by registered or certified mail to tne last k~own add~ess, t~e contractor or subcontractor and its respons1ble off1cers. 1f any (and any firms in whi ch the contractor or subcontrlctor are known to have a substantial interest), of the finding. The Administrator shall Ifford suCh contractor or subcontrlctor Ind Iny other partieS notified an opportunity for a helring IS to whether debarment action should be taken under plragrlph (11(1) of this section or section 3(1) of the Davis-Bacon Act. The Administrltor shall furnish to those notified I summlry of the investigative findings. If the contrlctor or subcontrlctor or any other parties notified wish to reQuest I hearing u to whether deblrment Iction should be taken. such a reQuest shall be made by letter postmarked within 3D dlYS of the dlte of the letter from the Administrator. and shill set forth Iny findings whi ch are in dispute and the reuons therefor. incl uding any affirllltiYe defenses to be rlised. Upon receipt of SUCh reQuest for, a heari ng. the Adlli ni strltor shall refer the cue to the Chief Adllinistrative Law Judge by Order of Reference. to which shill be attached a copy of the letter froll the Adlli nistrltor and the response thereto. for desi gnlti on of 1ft Admi ni strative Llw Judge to conduct such hearings u may be necessary to deterlli ne the lIatters in dilpute.- 1 n 'ccmsi deri ng debarment under any of the statutes 1 hted in 5.1 other than the Davi s-Blcon Act. the Administrative Law Judge shall i uue an order concerning whether the contractor or subcontractor is to be debarred in accordance wi th paragraph (a) (1) of thi s section. In considering debarllent under the Davis-Bacon Act. the Aclllinistrative Law Judge shall issue a recOllmendation as to whether the contractor of subcontractor Should be debarred under section 3(a) of the Act. (2) Heari ngs under this secti on shall be conducted in accordlnce with 29 CFR Part 6. If no hearing is reQues ted wi thi n 3D dlYS of recei pt of the letter from the . Adllinistrator. the Administrator's findings shall be f1nal. except with respect to recollllendations regarding debarllent under the Davis-Bacon Act. IS set forth in paragraph (aU%) of this section. I c I Any per son 0 r firm deb I r red un d e r 5. 12 I a I I 1 ) may in writing request removal from the detlarment list after sa months from tile date of publil;ation by the Comptroller 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 Administration, U.S. Department of L.atlor, washington, D.C. 20210, and shall contain a full explanation of the reasons why such person or firm should be removed from the ineligible list. In cases where the contractor or subcontractor failed to make full restitution to all unllerplid employees, a request forrellloul will not be considered until such underpayments are made. In III other . cases , tne Administrator will examine the facts and circumstances surrounding the violltive practicts which Clused tile debarment. and i $Sue a clecis i on IS to whether or not such person or firm has demons trl ted a current responsi bi 1 i ty to comply with the labor standards provisions of the statutes listell in 5.1, and therefore should be removed from ,the ineligible list. Among the flctors to be' considered in reaching such a decision Ire the severity of the violnions. the contractor or sUbcontrlctor's Ittitude towards cOlllplilnce. and the PISt compliance history of the firll. In no ~ase will suCh removal be effected unless the Adllinistrator determines after an investigation that such person or firll is in cOllpliance with the labor standardS provisions applicable to Federal contrlcts and Federally assisted constl"&K:tion work subject to any of the applicable stltutes listed in 5.1 and other labor statutes provi ding wage protecti on. such IS t,he Service contract Act. the Walsh-Healey Public Contracts Act. and the Fair Labor Standlrlls Act. If the reQuest for removal is deniea, the person 01" firll Illy petitton for review by the .wlge Appea 1 s Board pursuant to 20 eFR Part 7. - .- (d 1(1) Secti on 3 (a) of the Davis-Bacon Act provi des that for I period of three years froll date of publication on the ineligible list. no contract shall be awarded to any persons or firlls placed on the list as a result of a finding by the Comptroller Genera' that such persons or firms hive di sre"llarded obli gati ons to employeu and subcontractors under tha tAct. and further. that no contract shall be awarded to -any firm. corporation. partnership. or association in whiCh such persons or firms have an interut-. Paragraph (a)(l) of this section sillilarly provides that for. a period not to exceed three yelrs from date of publication on the ineligible list, no . contract subject to any of the statutes listed in 5.1 Shall be awarded to any contractor or subcontractor on the i "ell gi b 1 e list pursulnt to that paragraph. or to -any firm. corporltion. partnership. or association- in which such contractor or sutlcontractor has a "sut)stantia' in~eres~.. A finding as ~o whether persons or firms whose names appear on tne ineligible list. have an interest (or a sutlstantial interest, as appropriate I in any other firm, corporation, partnerShip, or association, may be made through investigation, hearing, or otherwise. (2)(il The Administrator, on his/her own Ilotion or after receipt of I request for a determination pursuant to paragraph .(dl(3) of this section ~ay m~ke I finding on the issue of 1nterest (or substantal aterest, IS appropriate) . (i;) If the Adllli nistrator deterlli nes that there illY be an interest (or substantial interest. IS IPproprilte). but findS thlt there is in~ufficient evidence to render a finll ruling thereon, the Acllllin1strltor lIIay refer the issue to the Chief of Adlllinistrative Llw Judge in accordance with parlgraph (dl(41 of this section. (;;i) If the Administrltor findS thlt no interest (or substantial interest. as appropriate) exists. or that there is not suffi ci ent i nforma ti on to warrant the initiation of In investigltion, the requesting party, if any. will be so notified Ind no further action taken. (iv) If the Administrator finds that an interest (or substantial fnterest. as appropriate) exists. the person or firm affected will be notified of the Administrator's finding (by certified IIlil to the last known address). which shall include the reasons therefor. and such person or firlll Shall be afforded an opportunity to reQuest that - I helring be held to render a decision on the issue. (B) Such person or firm shall hue ZO days from the dlte of the Adlli nistrator' s ruli ng to reQuest a hearing. A detailed statement of the reasons why the Adllinistrator's ruling is in error. inclUding facts alleged to be in dispute. if any. Shall be submitted with the request for a hearing. (e) If no hearing is request- ed within the tille lIentioned in paragraph (d)(Z)(iv)(B) of this section. the Adllinistrator's finding shall be final and .the . Adllinistrator ShIll so notify the Comptroller General. If a hearing is reQuested. the ruling of the Adllinistrator shall be i noperathe unless and unti 1 the administrative law judge or the Wage AppealS Board 1ssuei an order that there is an interest (or substantial interest, as appropriate). (3)(il A reQuest for a determination of interest (or substantial interest, IS apropriatel, may be made by any interested party, including contractors Dr prospective cDntractors and associations of contractor's representatives of employees, and interested Government agencies. SUCh a reQuest shall be submitted in writing to tile Administrator. Wage and Hour Division, Employment StandardS Administration, U.S. Department of Labor, Washington. D.C. 20210. (i) The request shill include a statelllent setting forth in detail why the petitioner believes that a person or firm whose nallle appelrs on the debarred bidders list has an interest (or a substantial interest, as appropriate I in any firm, corporltion. partnership. or associltion which is seeking or hiS been IWlrded a contrlct of the United States or the district of Columbia, or wh;.ch is sub ject to Iny of the statutes ,li ~ted in 5.1. No parti cular forlll is prescribed for tne subm1sS10n of a request under this section. 141 Referral to the Chief Adminis~rative Llw Judge. - The Admi ni stra tor, on his/her own 1I0ti on under para- graph (dl(21(il1 of this section or upon a reQuest for hearing where the Administrltor determines that relevlnt facts are in dispute. wi 11 by order refer the issue .to ~he Chief Administrative Llw Judge. for designltion. of an Administrative LIW JUdge who shall conduct such heari ngs as mly be necesslry to render a decision solely on the issue of interest (or substantial int-erest. as appropriatel. Such prOCeedings shall be conducted in accordlnce with ~he procedures set forth at 29 eFR Plrt 6. (5) Referral to the Wage AppealS Board. - If the person or firm Iffected reQuests a hearing and the Administrator deterllines that relevant facts are not in dispute. the Adllinistrator will refer the issue and the record ~ollpiled thereon to the wage AppealS Board to render a decision solely on the issue of interest (or substantial interest, as appropriate). Such proceedi ngs shan be conducted in Iccordlnce with the procedures set forth at 29 CFR Part 7. 5.13 Rulings and Interpretations. All Questions relating to the appli~ation and interpretation of wage determinations (in~1uding the classi- fications therein) issued pursuant to Part 1 of this SUbtitle. of the rules contlined in this part and in Par~s 1 and.3. and . " . of ~he labor s~andarCs prov,s10ns of any of ~he sta~utes listed in 5.1 shall be referred to ~he Administrator for ap~roprilte ruling or interpretation. The rulings and interpretations shall be authoritative and thOSe under the Davis-Bacon Act may be relied upon as provided for in section 10 of the portal-to-portal Act of 1947 (29 U.S.C. 2591. Requests for such rulings and interpretations should be addressed to the Administrator. Wage and Hour Division, Employment Standards Administration. U.S. Oepartment of Labor, Washington, O.C. 20210. Variations, Tolerances, .and Exemptions from Plrts 1 and 3 of this Subtitle and thlS Plrt. The Secretary of ~abor mlY mike variltions. tolerlnces, Ind exell~tions from the regulatory reQuirements of this part Ind those of Plrts 1 and 3 of this subtitle whenever the Secretary finds that such Iction is necessary and proper in the pub 11 c interest or to prevent i njusti ce and undue hardshi p. Variltions. tolerances. and exemption~ mlY not be IIlde from the statutory requirements of any of the statutes listed in 5.1 unless the statute specificll'y provides such authority. 5.14 5.15 Limitations. Varilt;ons. Tolerances. and Exellptions Under the Contrlct Work Hours and Slfety Standards Act. (a) Generll. Upon his or her own initi~tive or upon the reQuest of any Federal Igency. the Secretary of Labor lIay provide under section 105 of the Contract Work Hours and Safety Standards Act relsonlble lillitations and allow variations. tolerances. and exellptions to and froll any or all provisions of thlt Act whenever the Secretary findS SUCh action to be necesslry Ind proper in the publi c -i nterest . to- prevent injustice, or undue hardship. or to .void serious illpairment of the conduct of Government busi ness. Any request for such Icti on by the Secretary sha'l1 be sublli tted in wri ti ng. and shill set forth the reasons for which the reQuest is made. (b) Exellptions. Pursuant to section 105 of the Contract Work HourS and Safety Standards .Act. the foll ow; ng cluses of contracts are found exempt from all provisions of tna tAct in order to prevent i njusti ce. undue hardshi p. or serious impa;rllent of Governllent business: (1) Contracts of $2.000.00 or less. . (2) Purchases and contracts other thin con- struction contracts in the aggregate amount of SZ.500.00 or less. In arriving at the aggregate amount involved. there lIust be included all property and services which would properly be grouped together in a single transaction and IoIhich would be included in a sinsle advertisement for tlidS if the procurement were being effected by formal advertising. (31 Contract work performed in a workplace within a foreign country or within territory under the juriSdiction of the United States other than ~he following: A State of the United States; the Oistrict of eolulltlia; Puerto Rico' the Virgin IslandS; Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (ch. ?4S. 67 Stat. 462); Americln Samol; Guam; Wlke Is1lnd; En1wetok Ato"; Kwajalein Atoll; and Johnston Isllnd. (4) Agreements entered into by or on behllf of the COllllodity Credit Corporltion providing for the storing in or hand 1 i ng by commeri CI 1 warehouses of whea t, corn. oats. barley, rye, grain sorghums. soybeans. fllxseed. rice. navll stores. toblCCO. pelnuts. dry beans. seeds. cotton, and wool. (5) Slles of surplus power by the Tennessee Vllley Authority to States. counties. municipalities. cooperltive organization of citizens or farllers. corllorltions Ind other indivicluals pursulnt to section 10 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 8311). (cl' Tolerances. (1) The -basic 'rate of pay- under section 102 of the Contract Work Hours Ind Safety Standlrds Act may be computed as an hourly eQuhllent to the rite on which tille-Ind-one-half overtime cOllpensation may be computed and paid under section 7 of the Fair Labor Standards Act of 1938, IS amended (29 u.s.e. Z071. as interpreted in Part 778 of this title. This tolerance is found to be necessary and proper ill the publiC interest in order to prevent undue hardship. (Z) Concerning the tolerance provided in llaragraph Ic)(l) of this section, the provisions Df sectiDn 7(dl'21 of the FI;r labor StandardS Act and 778.7 of this title s.ould be noted. Under these provisions. plyllents for occasional periOdS when no work is performed. due to vacations. Ind similar cluses are exclUdable froll the -regular rate- under the Fair Labor Standards Act. Such payllents. therefore, are also excludable froll the -basic rate- under the Contract Work . Hours and Safety Stlndards Act. (3) See 5.8(c) providing a tolerance subdelegating 'authority to the heads of agencies to mike appropriate adjustllents in the assessment of liQuidated damages totaling S500 or less under specified circullstances. . . 1411;) Time spent in an organized program of related, supplemental instruction by latlorers or mechanics employed under bona fide apprenticeship or training programs may be excluded from working time of the criteria prescribed in paragraphs (c)(41(ii I and (iiil of this section are met. Iii) The apprenti ce or tra i nee comes within the definition contained in S.2(nl. (iiil The time in Question does not involve productive work or performance of the apprenti ce' s or trainee's regular duties. (d) Variations (1) In the event of hilure or refusal of the contractor or any subcon'trlctor to Comply with overtille pay requirements of the contrlct Work Hours and Safety Standards Act. if the fundS ~ithheld by Federal Igencie~ for the violations are not sufficant to ply fully. both the unpaid wages due laborers and Ilechlnics and the liQuidlted'dlma1es due the United States. the IVlillble fundS Shall be used first to compensate the laborers and mechani cs for the wlgu to whi ell they are enti tl ed (or an eQui tab 1 e portion thereof when the funds are not adeQuate for tllis purpose). and the bllance, if Iny. shall be used for the payment of liQuidated damages. (Z) In the performance of any contract entered into pursuant to the provisions of 38 u.s.e. 620 to provide nursing hOlle care of veterans. no contractor or subcontrlctor under such contract shill be deemed in violation of section 10Z of the Contract Work Hours and Safety Standards Act by virtue of failure to ply the overtille wages reQuired by such section for work in excess of 40 hours in the workweek to any individull ellployed by an establisllllent whicll is an institution prillarily engaged in the care of the sick. the Iged. or tile lIentally ill or defective .who reside on the premises if. pursuant to an agreelllent or understanding arrived It between tile elllployer and the elllployee before performlnce of tile work. a work periOd of 14 consecutive dlys is accepted in lieu of the workweek of 7 consecutive days for the purpose of overtille compensltion and if suCh individual receives compensl- tion for ellploYllent in excess of 8 hours in any workdly and in excess of 80 hours in SUCh 14-day period at a rate not 1 eu than 1 l/Z tillu the regular rate at whi Ch the indhi.dual is. ellployed. cOllputed in accordance with the reQuirements of the Fair Labor Standards Act of 1138. as allended. (Approved by the Office of Manlgellent and Budget under OMB control nUllbers 1215-0140 and lZ15-0017.) , (31 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, shill not be deemed to be in violation of Section 102 of the contract Work Hours and Safety Standards Act for failing to PlY the overtime compensation reQuired by Section 102 of the Act in accordance with the basic rUe of pay as defined in parlgraph (c)(ll of this section. to any pilot or copilot of I find-wing or rotary-wing aircraft employed on such contrlct if: (i) Pursulnt to a written employment a greement between the contractor Ind the emp 1 oyee whi ch is arrived at before performance of the work. (A) gross wages of not 1 ess than S300 total nUllber of hours worked in any The ellp 1 oyee receives per week reglrdless of the workweek. and (B) Within any workweek the total wlges which an ellployee receives are not less than the wages to which the employee would hIVe been entitled in that workweek if the ellployee were paid the lIinillulI hourly wage required under the contract pursuant to the provisions of the Service eontrlct Act of 1965 and any applicable wage deter.in- I ti on issued thereunder for III hours worked. pl us an Idditional prelliull plyllent of one-half tilles such' lIinillulI hourly wage for all hours worked in excess of 40 hours in the workweek; (11 ) The c4lntractor - lIaintains accurate records of the total daiJy Ind weekly hours of work performed by such ellployee on the government contract. In the event these conditions for the exellption are not met, the re- Quirellents of section 102 of the Contract Work Hours and Safety Standlrds Act shall be applicable to the contract froll the dlte the contractor or subcontractor fails to satisfy the conditions until. cOllpletion of the contract. (Approved by the Office of Management and Budget under OMB control number 1215-0017.) 5.16 Training Plans Approved or Recollni zed by the Departllent of Labor Prior to August ZO, 1975. . . (a) Notwithstanding the provisions of 5.5(a)(4)(iO relating to the utilization of trainees on Federal and federally assisted construction. no contractor shall be required to obtain approval of a training prollrall which, prior to August ZO. 1975. was approved by the Department of Labor for purposes of the Davis-Bacon and Related Acts., was established tly agreelllent of organized labor and mi'nagement and therefore recognized by the Department and/or was recognized by the Department under Executive Order 11246, as amended. A copy of tile program and evi dence of its pri or approval, if app 1 i catl 1 e shall be submitted to the Employment and Training Administration, which sllall certify such prior approval or recognition of the progralll. In every other respect, tile provisions of 5.5Ial(411iil including those relating to registration of trainees, permissible ratios. and wage rates to be plid - shall apply to these prograllls. (b) Every trainee employed on a contract executed on and after August 20,. ,197S, in o,ne of t~e above training programs lIlust be i ndlY1 dua" Y regutered ,1 n the pr.ogram in accorclance with Employment Ind Trainlng Aclminutration procedures, and 1Ill/'S t be pa i d a t the rate spec; fied in the program for the level of progress. Any such employee listed on tne payroll at a trainee rate whO is not registered Ind participating in a progralll certified by ETA pursuant to this secti on. or approved and certified by ETA pursu'lnt to 5.5(1)(4)(iil, must be plid the wage rate determined by the Secretary of Labor for the classif~cltion of work actull,y perforllled. The ratio of trlinees to journeymen shill not be grelter thin permitted by the terms of the program. (c I 1 n tne event a program whi ch was' recogni zed or approved pr~or to August 20. 1975. is modified. revised. extendecl, or renewed. the changes in the prograll or its ~enewal must be Ipproved by the Employllent and Training Administration before they may be placed into effect. - 5.17 Witndrawll of ' Approval of a Training Prograll . .If at any time the Ellployllent and Training Adllinistration deterllines. after opportunity for a nearing. tnat tne stlndards of any program. whether it is one recognized or approved prior to August 20. 1975. or a prograll SUbSeQuently approved. hive not been complied with. or that such a prograll hils to provide adeQuate training for participants. a contractor will no 10nger be perllitted to utilize trainees It less tnan the predetermined rite for the classification of work actually performed until an acceptable prograll is approved. . . . SUBPART B - INTERPRETATION OF THE FRINGE BENEFITS PROVISIONS OF THE DAVIS-BACON ACT 5.20 Scope and Significance of This Subpart. The 1964 amendments (Pub. L. BB-3491 to the Davis-Sacon Act require, among other things, that the prevailing wage determined for Federal and federally-assisted construction include: (a) the basic hourly rate of pay; and (b) the amount contributid by the contractor or subcontractor f~r certain fri nge benefi ts (or the .cost to the.m of suCh ~e~ef1 ts). The purpose of this subplrt 15 to explaln th~ prov1S1ons of ~h!se Imendments. This subplrt makes Ivaillble 1n one place off1C11l interpretltions of the fringe benefits provisions of the Davis-Bacon Act. These interpretations will guide the Department of Labor in carrying out its responSibilities under these provisions. These interpretations are intended also for the gu i dance of. contractors, the i r ISsociati ons. llborers and mechanics and their organizations. and local State and Federal Igencies. who may be concerned with these provisions of the law. The interpretltions contlined in this subpart are author- itative and may be relied upon as provided for in section 10 of the Portal-to-Portal Act of 1947 (29 U.S.C. 359). The omission to discuss I particular prOblem in this subpart or in inter- pretltions supplementing it snould not be tlken to indicate the adoption of any position by the Secretary of Labor with respect to such prOblem or to constitute In adllinistrative interpretltion. prlctice, or enforcellent policy. Questions on IIltters not full y covered by this subpart lIay be referred to the S~retlry for interpretltion as p~vided in 5.12. 5.21 (Reservedl 5.%2 Effect of the Divis-Bacon Fringe Benefits Provisions. The Davis-Bacon Act Ind the prevailing walle provisions of the related statutes listed in 1.1 of this subtitle confer upon, the Secretary of Labor the authority to predetermine. as lIlinillUm wlges. those Wille rates found to be prevailing for correspond i ng cl asses of laborers and lIechani cs ellployed on projects of I character sillilar to the contract work in the area in which the work is to be performed. See paragraph's (a) . and (b) of 1.2 of this subtitle.. ~he fringe benefits amendments enlarge the scope of this AUthority by including certain bonl fide fringe benefits wittlin the lleaning of the terlls .wllles.. .sclle of wages.. .wage rates.. -minimum wages. and .prevailing wages.. as used in the Davis-Bacon Act. 5.23 The Stltutory Provisions. The fri nge benefi ts provisi ons of the 1964 lIIendllents to the Davis-Bacon Act are. in part. as follows: Ibl As used in this Act the term .wages., "sca'e of wages.. 'wage rates", "minimum wages., and .prevailing wages" shall include - (11 The basic hourly rate of pay; and (21 The amount of - (AI The rate of contribution irrevoclbly made by a contractor or subcontractor to a trustee or to I third person pursuant to I fund, plln, or program; and (Bl The rite of costs to the contractor or subcontractor whi ch may be relSonab 1 y antic i- patedin providing benefi~s to laborers and meChlnic! pursuant to In enforc~able comm1tment to clrry out I f1nlncially responSible plan or program which WIS communi cited in writing to the laborers and lIechanics Iffected. for lIedicll or hospitll care. pensions on retirement or delth. cOllpenSltion for injuries or illness resulting froll occupltionll Icthity. or insurlnce to provide any of the foregoing, for unemploYllent benefits, life insurance. disability and sickness insurance. or accident insurance. for vacation and holiday pay. for defraying costs of apprenticeship or other similar progrllls, or for other bona fi de fri nge benefi ts. but on 1 y where the contractor or subcontrlctor is not reQuired by other Federal. State. or local law to provide any of SUCh benefits. 5.24 The Basic Hourly Rate of Pay. .The buic hourly rate of pay- is that plrt of a laborer I s or lIechani c' s wlges whi ch the Secretary of L.abor would hIVe found and included in wage determinations prior to the 1964 allendments. The Secretary of L.abor is reQui red to conti nue to IIlke a separate finding of this porti on of the wlge. In general. this portion of the wage is the cash plYllent .Ide directly to the laborer or mechanic. It does not include fringe benefits. 5.25 Rate of ContributiOI or tost for Fringe Benefits. (a) Under the amendments. the Secretlry is obli gated to lIake a separate finding of the rate of contri buti on or cost of fringe benefi ts. Onl y the amo.unt of . contributions or costs for fringe benefits which meet the reui rellents of the act wi 11 be consi dered by the Secretary. These reQuirements are discussed in this subpart. (b) The rate of contribution or cost is ordinarily an hourly rite, and will be reflected in the wage deterllinltion as such. In sOlie cases, however. the contribution or cost for certain fringe benefits may be expressed in a foraula or method of paYlllent other than an hourly rate. "In SuCh cases, the Secretary may in his discretion express in the wage determination the rate of contribution or cost used in the formula or lIIethod or may convert it to an hourly rate of pay whenever he finds that such action would facilitate the administration of the Act. See 5.5(a)(1)(il and (Iii). 5.26 ....Contribution Irrevocably Hade...to a Trustee or to a Third Person". Under the fringe benefits prOvisions section l(b)(Z) of the act) the amount of contributions for fringe benefits must be made to a trus tee or to a th i rd person i rrevocab 1 y. The .third person. must be one who is not Iffililted with the contractor or subcontractor. The trustee must assume the usual fiduciary responsibilities imposed upon trustees by Ippliclble law. The trust or fund IIUSt be set up in suCh a wly thlt in no event will the contrlctor or subcontractor be able to reclpture Iny of the contributions plid in or any wly di~ert the funds to his own use or benefi t. Although contri buti ons .Ide to I trustee or third person pursuant to I benefit plan IIUst be i rrevocab 1 y made, this does not prevent return to the contractor or subcontractor of SUIIS which he hid plid ~n excess of the contributions Ictually cllled for by the plan. as where such excess payllents result from error or from the neceSSity of making payments to cover the estillated cost of contributions at I t i lie when the euct IlIount of the necesury contri buti ons under the plln is not yet ascertained. For exallple. a benefit plan may provide for definite insurance benefits for ellployees in the event of the happeni ng of a speci fi ed conti ngency suCh as death. sickness. accident. etc.. and .ay provide that the cost of such definite benefits. either in full or any balance in excess of specified employee contributions.-will .be borne by the contractor or subcontractor. In SUCh a case the return by the insurance company to the contractor or subcontractor of SUIIS paid by hill in excess of the amount reQuiring to provide the benefits which, under the plan, are to be provided through contri buti ons by the contractor or subcontractor. will not be deemed a recapture or diversion by the employer of contribu- tions lIade pursuant to the plan. 5.27 ....Fund. Plan. or Progra.-. The contributions for fringe 'benefits must be. made . pursuant to a fund. plan or pro grill (sec. llb)(Z)(A) of the actl. The phlse .fund, plan, or progra.- is lIerely intended to recognize the vari ous types of arrangellents comllonly used to provi de fringe benefi ts through employer contri buti ons. The phrase is identical with language contained in section 3(11 of the Welfare and Pension Plans Disclosure Act. In interpreting this phrase. the Secretary will be guided by the eltperience of the Department in administering the latter statute. 5.28 Unfunded Plans. (I) The costs to I contractor or subcontractor which lilY be reasonably anticipated in providing benefits of the types described in the act pursuant to an enforceable COIIDlitllent to clrry out a financially responSible plan or program. are considered fringe benefits within ~he incanning of the act (see 1(1)(2)(8) of the act). The leg1S1ative history suggests that these. prov is i o~s were intended to perllit the cons i derl ti on of fr 1 nge benef1 ts lIeeting, IlIong others, these reQuirements Ind which Ire provided fr~m the generll assets of a contractor or subcontrlctor. (Report of the House eOllmittee on Education and Labor, H. Rep. No. 308. BBth Cong., 1st Sess. p. 41. (b) No type of fringe benefit is eligib'e for consideration as a so-called unfunded plan unless: (11 It could be reasonably anticiplted to provide benefits described in the act. (2) legally enforced. (31 It is carrie~ out under a financially responsible plan or prograll. and . - It represents a comlli tllent that can be (4) The plan or program provi ding the benefits has been cOlllluniclted in writing to the laborers and mechanics Iffected. (See S. Rep. No. 113, p. I.) (c) It is in this manner that the act provides for the consideration of unfunded plans or programs in finding pre- vailing wlges and in ascertaining cOllpliance with the act. At the salle tille. however. there is protection against the use of this provision as I means of avoiding the act's reQuirellents. The words -reasonably anticipated- are intended ~o reQuire.thlt any unfunded plan or pro grail be able to withstand I test whi~h . can perhaps be best descri bed as one of aC~Ulria 1 soundness. Moreover. as in the case of other fringe benefits payable under ~he act. an unfunded plan or pro grill must be -bona fide- and not a mere simulation or Sham for avoiding'collpliance with the let. (See S Rep. No. 163. p. 6.) The legislathe history suggests that in order to insure against the pOSSibility that these proviSions lIight be used to avoid compliance with the act, the committee contemplates that the Secreta~y of Labor in carrying out his responsibi.lities under Reorganization Plan No. 14 of 1950 may direct a contractor or sutlcontractor to set aside in an a'ccount assets which, under sound actuarial phinciples, will be sufficient to meet the future otlligation under the plln. The preservation of this accoun~ for ~he purpose intended would, of course, also be essentll1. (S. Rep. No. 963, p. 6.) This is ~mplemented by the contractual provisions reQuired by 5.5(a)(11(1vl. 5.29 Specific Fringe Benefits. (I) The act lists all types of ~ringe benefits which the Congress considered to. be common ,n t~e .const~uction industry U a whole. These 1nc~ude the follow1ng. lled1cIl or hosp i tl 1 care. pens ions on ret1 rement or del th. compenuti on for injuries or illness resulting from occupationl' Ictivity, or insurance to provi de any of the foregoi ng. unemployment benefits life insurance. disability and sickness insurance. or accident' insurance, Ylcltion and holidly PlY. defrlyment of costs of apprenticeship or other sillilar progrllls. or other bona fi de fri nile benefi ts. but onl l' where the contractor or subcontrlctor is not reQuired by other Federal. State. or local law to provide Iny of such benefits. (b) The Legislative history indiclteS that it was not the i nt~nt of the Congress to illpose speci fi c standards relat;~g to adllinistrltion of fringe benefits. It was assulled that e lIajority of fringe benefits arrangellents of this nature will be those which are adllinistered in accordance w,th reQuirellents of section 30Z(c)(5) of the National Labor Relltions Act. IS allended (S. Rep. No. '63. p. 5.)., .(cl . The terll .other bona fide fringe benefits- is the so-called .open end- provision. This was included so that new fringe benefits may be recognized by the Secretary as they becolle prevailing. It was pointed out that a particular fringe benefit need not be recognized beyond a parti cular area in order for the Secretary to find that it is prevailing in that area (S. Rep. No. '63. p. 6). (d) The legislative reports indicate thlt.. to insure aglinst considering and giving c:redit to any and all fringe benefits. sOlie of which might be illusory or not · genuine. the Qualification was included that such fringe benefits must be -bona fide- (H. Rep. No. 308. p. 4; S. Rep. No. 963. p. 6). No di ffi cul ty is anti ci pued in deterll1"ning whether a particular fringe benefit is -bona fide- in the ord inary cue where the benef1 ts are those common in the construction industry and which are establiShed under a usualnfund. plan. or program. This would be typical1y the case of those fringe benefits listed in paragraph la) of this section which Ire funded under a trust or insurance program. Contract- ors lilY tlke credi t for contri buti ons made under such conventional plans without requesting the approval of the Secretary of Labor under 5.5(alll)liv). (e) Where the plan is not of the conventiona' type described in the preceding parlgrlph, it will be necessary for tne Secretary to examine the flcts and circumstances to determine whether tlley are "bona fide" in accordance with requirements of the act. This;s particularly true with respect to unfunded plans. Contract~rs or subcontrlctors seeking credit under tile act for costs 1ncurred for such plans IIUSt request specifiC permission from the Secretlry under 5.5Ia){1){ivl. If I Tne act excludes fringe benefits which a contractor or subcontractor is obligated to provide under other Federal, State, or local law. No credit mlY be ~aken under tile act for the payments IIlde for suCh benefits. For eumple. paYllent for workllen' S compenuti on ; nsurance under ei ther a cOllpulsory or elective State statute are not considered payments for fringe benefits under. the Act. WhiJe eaCh situation Ilust be separately considered on its own lIerits. plyments lIade for travel. subsistence or to industry prollotion funds Ire not norllally payments for fringe benefits under tne Act. Tne omission in the Act of any expresi reference to tnese payllents. whicn are cOllllon in the construction industry. suggests tnat tnese plyments should not norllally be regarded as bonl fide fringe benefits under the Act. 5.30 Types of Wage Determination. (l . When fri nge bene fi ts are preYl il ing for Ylrious cluses of laborers and mecnanics in the area of proposed construction. such benefits .are includable in any Davis-Bacon wage determination. Illustrations. contained in paragraph (c) of t.n is secti on. demonstrate some of tile different types of wlge determinations which .ay be lIade in sucll cases. (b I . Wlge deter.inations of the Secretary of Labor under the act do not include fringe benefits for various classes of laborers Ind mecnanics wllenewer sucll benefits do not prevail in the area of proposed construction. When. tllis occurs.. tne wage determination will contain only tile basic hourly rates of ply. tIIlt is only the cash wages whicll are prevliling for the various classes of laborers and mechanics. An illustrltion of this situation is contained in paragraph (cl of tnis section. . III z: o , , I I , , '" , I , I , , CI: , , , , , , ... , I , , I , :: , I , , , , . I , , , I , 0 I , , , , I I , I , I I , I , I , I ,"z , , I I I . , , , OIl I .-c , , I , 0 , W::CI: , I I I . , . "'ell I I , I 0 , .....0 . I , I .. , ..""CI: I I , I , OIl c:... . , , I , . , , I , , .. I , I I I ... Z ~ C OIl 0 0 .. .. ... - 0 . . OIl - 0 . . .. - c ... "" W C .. - , W . - .... - , I. ell 0 OIl 0 . . z: '" - - ... , - z: . . . , CI: 0 0 , ... - .. , OIl . . 0 W , .. , , , ..... , , 0 , =CI: 0 , .c 0 OIl OIl 0 OIl , -,'" 0 - - - - , c-' 0 . . . . , W.... 0 0 0 =::11 0 .. I 0 , . , ""~'" OIl 0 0 OIl OIl --'.... ... 0 .. . .. ",a:_ . . . . . . c=c .., .. .., .. .. .Oa: .. :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OIl . . . OIl . W . . . . OIl OIl . OIl . C . a: '" . -= - W C OIl W OIl "" OIl ao: -' -= . -= - a: a: "" W .. .... a: .... 0 -= w .. - III ::II 0 &. .. "" Z .. , III -= - .... = 0 c c c -' -' . . -' .., &. W &. - - - c CI: - '" = -' -' - - ... - ... e: 0 - .. .. e: - & ~ .. .. .. -.:I .c ... - .c a e: - . .. 0 - .. ... .. . .. .. .c .. e: - ... - - .. .. .. .. .. ... ..- e: ... ..- oe: e:o ..e: -0 - .. .. .... ... .... 0" _:I - ..- -- .c .... 0 . -.:1- .. .... 0- e: .. ..- .Q .. ".. _:I :a.. 0" .c- .. - ..- -- - a 5,31 Meeting wage Determination Ob'igations. (a) A contractor or subcontractor performi ng work sutlject to a Oavis-Bacon wage determination may discharge his minimum wage obligations for the payment of botn stra,ght time wages and fringe benefits by paying in cash, making payments or incurring costs for "bona fica" fringe benefits of the types listed in the applicable wage determination or otherwise found prevailing by the Secretary of ~abor, or by a combination thereof. (b) A contractor or subcontractor may diSCharge his obligations for the payment of tne tlasic hO~rly r~tes and the fri nge benefi ts where both are contlaed 1 n a wage determination applicable to his laborers or mechanics in the following ways: (11 By paying not less than the basic hourly rate to the laborers or mechanics Ind by making the contributions for the fringe benefits in the w~ge determina- tions. as specified therein. For e~ample. in the illustr~tion contained in paragraph Icl of 5.30. the obligltions for .painters. will be met by the payment of a straight time hourly rate of not less than $3.90 and by contributing not less than at the rate of 15 cents an hour for health and welfare benefi ts. lD cents an hour for pensi ons. and 20 cents In hour for vacations; or (2) By paying not less than the basic hourly rate to the laborers or lIechanics and by lIaking contri- butions for 'bona fide" fringe benefits in a total amount not less than the total of the fringe benefits reQuired by the wage determination. For enmple. the obligltions for .painters. in the illustration in parlgraph (c) of 5.30 will be lIet by the payllent of a straight time hourly rate of not less than $3.90 and by contri buti ons of not 1 ess than a total of 45 cents an hour for "bona fide" fringe benefits; or (3) By plying in cash directly to laborers or meChanics for the basic hourly rate and by lIaking an additional cash payment in lieu of the required benefits. For e~allp 1 e. where an emp 1 oyer does not make payments or incur costs for fringe benefits. he would lien his obligations for "painters. in the illustration in paragraph (c) of 5.30. .by paying directly to the painters a straight tille hourly rate of not less than ..35 ($3.90 basic hourly 'rate plus 45 centS for fringe benefitsl; or . report the results thereof to the Secretary of La~or witnin suCh time as tne Secretary shall specify. SEC. 211. If the Secretary sha" so direct. contract- ing agencies shall'not enter into contracts witn any ~idder or prospective contractor un'ess the ~idder or prospective contractor hIS satishctori'y complied with the provisions of thi S order or submi tS a program for compl ianC! accepta~1e to the Secretary of ~a~or or, if the Secreury so autnorizes, to the contracting agency. SEC. 212. Whenever a contracting Igency cancels or terminates a contract, or whenever a contractor has been debarred from further Government contracts, under section 2D9Ial(6) because of noncompliance with the contract prOvisions with regard to nondiscrimination, tile Secretary of Labor, or tile contracting agency lnvolved, shall promptly notify the Comptro" er Genera 1 of tile Uni ted States. Any sucll de~arment may be rescinded by tile Secretary of Labor or by the contracting agency wllicll imposed tile sanction. Subpart E - Certificates of Merit SEC. 213. Tile Secretary of Llbor lIay provi de for issuance of a U.S. Government certificate of lIerit to employers or labor unions, or otller agencies wllicll Ire or 111.1 hereafter be engaged in wort under Government contrlcts. if the Secretary is satisfied tllat tile personnel and employment practices of the employer. or thlt tile personnel. training. Ipprenticeship. membersllip, grievance and representation. upgrading. and other practices and policies of the labor union 'or other agency conforll to tile purposes and provisions of tbis order. SEC. 214. Any certificate of lIerit lIay It Iny tille .be suspended or revoted by tile Secretary of Labor if the hol der tbereof. in the judgement of the Secretary. has failed to comply witb the provisions of this order. SEC. 215. The Secretlry of Labor mly provide for tbe exemption of any employer. labor union. or other agency froll Iny reporti ng reQui rellents imposed under or pursuant to tbi s order if such employer. labor union. or other agency has been Iwarded a certificate of merit wllich has not been suspended or revoked. . PART III NONDISCRIKINATION PROVISIONS IN FEDERALLY ASSISTED CONSTRUCTION CDNTRACTS SEC. 301. Each eucuti ve department and agency whi Ch aClministers a pro;ram involving Federal financial assistance shall reQuire as a condition for the approval of any grant, contract, loan, insurance. or guarantee thereunder, whiCh may involve I construction contract. that the applicant for Federal assistance undertake anCl agree to incorporate, or cause to be incorporated into all construction contracts paid for in whole or in part ~ith funCls oDtained from the Federal Government or borrowed on the cree: it of the F ~dera 1 Government pursuant to such grant contract. loan. lnsurlnce. or guarantee. or unClertaken 'pursuant to any Federal program involving such grant. contract, loan, insurance. or gUlrlntee.. the prov;si ons prescribed for Government contracts by sect10n 202 of this order or such modification thereof, preserving in substance the contractor's obligations thereunder, as may be approved by the Secretary of ~abor, together witn such additional provisions as the Secretary deems appropriate to establish and pl"otect the interest of the Uni ted Stites in tne enforcement of those oblignions. Each such applicant shill also undel"Uke and .gree: (llto assist and cooperate actively with the .Clministeringdep.rtment or agency Ind the Secretary of ~abor in obta i n i n9 the comp 11 ance of contractors and subcontractors with those contract provisions and with tne rules. regulations. and relevant orders of tne Secretal"Y~ (2) to obtain and to furni sh to the acllli ni steri ng department or agency and to tile Secretary of ~abor such information IS tlley lIay require fOI" tne supervision of $UCn compliance~ (31 to carry out sanctions and penalties for violation of suCh obligations imposed upon contractors and subcontrlctors by the Secl"eta~y of Llbor or.the administering depal"tment or Igency pUl"suant to part 11. subpart D. of this order; and (41 to refrain fl"oll entering into any contract subject to this order. or extension or otller mOdification of such a contract with a contractor debarl"ed from Government contrlcts under part 11. subpart D. of this order. SEC. 302. tal -Construction tontract. as used in this order melns Iny contract for tbe construction. rehabilitation. conversion, extension. or repail" or buildings. highways. or otner improvements to real property. (bl The pl"ovisions of part 11 of tbis order shall apply to sucn construction contracts. and for purposes of . such application. the adllinistering departllent or agency shall be considered tile contracting ~gency referred to tberein. (cl The term -applicant- as used in this order means an appliclnt for Federal assistance or. as determined by agency regulation. other program participant. with I"espect to wholl an application for any grant. contract. lOAn, insurAnce, to the effecti ve app 1 i cant I fter assistance. stC. 303 lal Each administering department and agency shall be responsib'e for obtaining the compliance of SUCh applicants with their undertakings under this order. taCh administering department and agency is directed to cooperate with the Secretary of ~abor, and to furnish the Secretary Such information and assistance as he may require in the performance of his functions under this order. or gUArAntee is not fina"y acted upon prior date of this part, and it inc'udes suc" an he becomes a recipient of sucn Federal (bl In the event an appliclnt fails and refuses to comply with his undertakings. the Idministering department or agency may Uke any or all of the fol lowing a~tions: (1) cancel. terminate. or suspend in whole or in part the agreement, contract, or other Irran,gellent with such Ipplicant with respect to which the fa, lure and refusal ocurred; (2) refrain from extending any further assistance to the applicant under the program, with respect to which the fa 11 ure or refuu 1 occurred unt11 uti sfactory Issurance of future COllp li Ince hIS been received from such app11 cant; and 131 refer the case to the Department of ~ustice for appropriate legal proceedings. (cl Any action with respect to an applicant pursuant to subs.ection (b) shall be taken in conforllity with section 602, of .the Civil Rights Act of 1964 (and the regula- ti ons of the Icllli ni Itering departllent or agency issued thereunder). to the extent applicable. In no case shall Iction be taken with respect to an applicant pursuant to clause (1) or (2) of subsection (b) without notice and opportunity for hearing before the adllinistering department-or agency. - StC. 304.. Any eucutive department or agency whi ch imposes' by rule. regulltion. or order requirements of nondiscrillination ill emploYllent. other than requirements imposed pursuant to this order. may delegate to the Secretary of ~abor by Igreement such responsibilities with respect to compliance standardS. reports. and procedures as would tend to bring the Idministration of Such requirements into ~onformity with the administration of requirements i.posed under this order: Provided. Thlt actions to effect compliance by recipients of Federal financial assistance with reQuirellents i.posed pursuant to Title VI of the Chil Rights Act of 1964 ShIll be taken in conforllity with the procedures and limita- tions prescribed in section 602 thereof and tile regulations of the Idministering deplrtaent or agency issued thereunder. . PART IY - MISCELLANEOUS SEC. 401. The Secretary of ~abor may delegate 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 th1S order, except authority to promulgate rules and regulations of a general nature. Stc. 402. The Secretlry of Idllinistrative support for the uecution IS the .Plans of Progress.. . SEC. 403. lal Eucutive Orders Nos. 10590 (Jan. 18, 1955).10755 IAug. 5. 1957). 10925 IMar. 6. 19611. 11114 lJune 22, 1963). and 11162 I Ju 1 y 28, 19641. are hereby superCeded and the President's comllittee on EQuIl Ellployment Opportunity established by Eucutive Order No. 10925 is hereby Ibolished. All records and property in the custOdy of the cOllmittee shall be transferred to tne Civil Servi ce Commiss i on and tile Secretary of Labor, as appropriate. Labor shall provide of the program known (bl Nothing in this order shill be de~lIed to relieve any person of any obligation assulled or imposed under or pursuant to any executive order superceded by this order. All rules. regulations. orders. instructions. designations. and other directives issued by the President's COllllittee on Equal Ellployment Opportunity Ind those issued by the helds of various deplrtments Dr agenCies under or pursuant to any of the executive orders superceded by this order. shall. to the extent thlt they Ire not inconsistent with this order. rellain in full force and effect unless and unti 1 revoked or superseded by Ippropriate authority. References in suCh directives to- provisions of the superseded orders shill be deelled to be references to the cOllplrlble provisions of this order. SEC. 404. The Genera 1 Servi ces Adlli nistrui on shill appropriate action to revise the standard Governllent contrlct forms to accord with the provisions of this order and of the rules and regulations of the Secretar, of Labor. SEC. 405. This order shall become effective 30 days after the date of this order. . LYNDON 8, ~OHNSON THE WHITt HOUSE September 24. 1'65 GENERAL DECISION CA980037 11/27/98 CA37 General Decision Number CA980037 Superseded General Decision No. CA970037 Seace: California Conscruceion Type: BUILDING DREDGING HEAVY HIGHWAY County (ies) : SAN BERNARDINO BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number o 1 2 3 4 5 6 7 8 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 COUNTYCies) : SAN BERNARDINO ASBEOOOsB 09/21/1997 Rates Fringes INSULATOR/ASBESTOS WORKER Includes the.application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 28.21 7.53 ASBE0208B 06/01/1996 Rates Fringes ASBESTOS REMOVAL WORKER/ HAZARDOUS 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 4,81 BOIL0092F 10/01/1998 BOILERMAKER TUBE WELDER Rates 28.81 30,31 Fringes 9.81 9.81 BRCA0004U 05/01/1997 BRICKLAYER; MARBLE SETTER Rates 23.97 Fringes 5.85 BRCA0016G 06/01/1996 Rates Fringes TILE SETTERS: Laying Tile in u-poxy, furane and any other similar materials All other work 23.63 22.63 5.58 5.58 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 rocks linger 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 ..,...;,le driver; Derrick barge;' Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger Head rocks linger Rock barge or scow Scaffold builder 22.75 6.29 22,75 6.29 22,99 6,29 15,42 6,28 22.83 6,28 22,85 6.28 23,00 6,29 20.30 6,29 23,25 6.29 22.99 22.98 22.79 17.00 6,29 6.28 6.29 6.28 24.75 6,29 24.75 6.29 24.98 6.29 17.42 6.29 24.93 6.29 24.95 6.29 25.00 6.28 22.30 6.29 25.25 6.28 _.. --_. 24,99 6.29 24.99 6.29 24.79 6.28 19.00 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 07/01/1999 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 COMMUNICATIONS AND SYSTEMS WORK: Installer Technician Rates Fringes 18.03 19.78 3t+3,35 3t+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. Ooes 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 ELECTRICIANS: Area within 80 road miles from the main post office in San Bernardino: Electrician Cable splicer; Electrician, welding Electrician, tunnel work Remainder of County: Electrician Cable splicer; Electrician, welding Electrician, tunnel work Rates Fringes 24.50 H + 9.75 25.00 H + 9.75 26.95 H + 9.75 32.50 H + 9.75 33.00 H + 9.75 35.75 H + 9.75 FOOTNOTES: Work in a pressurized tunnel: 1 lb. to 18 1bs.: 6 hrs. work under pressure for a day's pay plus 10%. 19 Ibs. to 26 Ibs.: 4 hrs, work under pressure for a day'S pay plus 10'. 27 Ibs. to 33 1bs,: 3,1/2 hrs. work under pressure for a day'S pay plus 10%, 34 Ibs. to 38 Ibs.: 3 hrs, work under pressure for a day'S pay plus 10', ---------------------------------------------------------------- ELEC1245A 06/01/1998 Rates Fringes LINE CONSTR~CTION (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 EQ~IPMENT OPERATORS: GRO~P 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 GRO~P 17 27,73 10.15 GRO~P 18 27.84 10.15 GROUP 19 27.96 10.15 GROUP 20 28.13 10.15 GROUP 21 28.23 10.15 GRO~P 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 GRO~P 2 26.08 10,15 GROUP 3 26,37 10.15 GROUP 4 26.51 10.15 GROUP 5 26.73 10,15 GRO~P 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 II 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 (groundl, 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 stomper, power concrete curing machine operator, power concrete saw operator, power-driven jumbo form setter operator, 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,Jonnson,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,S 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 0,5 ' 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 LDC3s0 (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 14l As s'tllted in paragraph (al of this section, the contractor or subcontrac~or may discharge his minimum wage obligations for the payment of straight time wages and fringe benefits by a combination of the methods illustrated in subparagraphs (11 thru 131 of this paragraph. Thus, for example, his otlligations for "painters. may tle met by an hourly rate, partly in cash and partly in paymen~s or costs for fringe benefits which to'tlll no~ less than $4.35 IS3.90 basic hourly rite plus 45 cents for fringe benefits). The payments in sucn case may be S4.10 in cash and 25 cents in payments or costs in fringe benfits. Or, they may tle S3.75 in cash and 60 cents in payments or costs for fringe benefits. 130 F.R. 13136, Oct.1S. 1965l 5.32 Dvertime Payments. I a) The act uc 1 udes Imounts pa i d by a contractor or subcontractor for fri nge benefi ts in the computati on of overtime under the Fair Llbor Standlrds Act. the Contract Work Hours and Safety Standlrds Act. Ind the Wa 1 sh-Heal ey Pub 11 c Contracts Ac~ whenever the overtille provisions of any of these statutes apply concurrently with the Davis-Bacon Act or its related prevailing wage statutes. It is clear from the legislative history that in no event can the regullr or basic rate upon which premimum pay for overtime is calcullted under ~he aforementioned Federal statutes be less than the alloun~ determined by the Secretary of Labor as the basic hourly rate Ii .e. cuh rate under section llblUl of the Davis-Bacon Act. I See S. Rep. No. 963, p. 7.) Contri butions by employees are not eluded from the r~gular or basic rate upon which overtille is computed under these stltutes; that is. an ellployee's regular or blsic straight-tille rate is cOllputed on his earnings before any deductions are .ade for the ellployee's contributions to fr'i nge benefi ts. The contractor's contri buti ons or costs for fringe benefits .ay be eacluded in cOllputing such rate so long as the exclusions do not reduce the regular 'or basic rate below the basic hourly rate contained in the wage cletermination. (b) ltIe legislative report notes that the phuing .contributions irrevocably .ade by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan. or progra.. wu Idded to the bill in eOllllittee. This llnguage in essence conforlls to the overti.e provisions of sect ion 7( d )( 41 of the F I i r Labor Standards Act. u allende-d. The intent of the cOllllittee was to prevent any avoidance of · overtille requirements under eaisting law. (See H. Rep. No. 308. p. 5.) (c)ll) ine act pe~mits a cont~actor or subcont~actor to pay a cash eQuiva'ent of any fringe be~f;ts found prevai'ing tly the Secreury of Labor. Such a cash eQuiva'ent wou'd a'so tle e~cludable in computing the regu'ar or basic rate under tne Federal overtime laws mentioned in paragraph (al, For e~amp'e, the w construction contractor pays his 'aborers or mechanics S3.50 in cash under a wage determination of the Secretary of Labor which reQuires a basic hourly rate of S3 and a fringe benefit contribution of 50 cents. ihe contractor pays the 50 cents in ~ash because he made no payments and incurred no costs for fringe benefits. Overtime compensation in this case would be computed on I regular or ,basic rate of S3.00 an hour. However, in SOlie cases a Quest10n of fact may be presented in ascertl;ning whether o~ no~ a cash pa~ment made.to la~orers or lIe.~han; CS ; s actual1 y 1 n .' leU of I frage benef 1t or 1$ s i lip 1 y part of their straight t1me cuh wage. In tile latter Situa- tion. the cash payllent is not excludable in co~puting overtille cOllpensation. consider tile exallples set fortll 1n subparagraphs 121 Ind (3l of tllis paragraph. (21 ille X construction contractor has for sOlie time been paying S3.25 an lIour to I lIe~hanic as his bas;~ ~ash wage p'us SO cents an 1I0ur as I ~ontribution to a walfare and pension plan. ille Secretary of Labo~ determines that I basic hourly rate of S3 an 1I0ur and a fringe benefit contribution of SD cents are prevailing. The basic hourly rite or regular rate for overtille purposes would be S3.25. the rate actually paid as I buic CUll wage for the employee of X. rather. than the 53 rite deterllined IS prevliling by the Secretary of Labor. (31 Under the Slme prevli1ing wa!le deterlli nati on. di scussed in subplragraph 2 of this paragraph. the Y construction contractor who has been paying S3 an hour as IIi s bui c cuh wlge on whi ch he hIS been cOllputing overtille cOllpensati on reduces the cuh wlge to - 52.75 an hlnlr .but COllputes his costs of benefits unde,. section 1(bll2llBl IS S1 In 1I0ur.. In this eXlllple the regular Dr basic hourly rate would continue to be S3 In hour. (See S. Rep. No. 963. p. 7.) . APPENDIX A STATUTES RELATED TO THE DAVIS-BACON ACT REOUIRING PAYMENT OF WAGES AT RATES PREOE- TERMINED BY THE SECRETARY OF LABOR 1. The Davis-Bacon Act Isecs. 1-7, 46 Stat. 1494, as amended: Pub. L. 74-403, 40 U.S.C. 276a-276a-7l. 2. National Housing Act (sec:. 212 added to c. 847, 4B Stat. 1246. tly sec. 14. 53 Stat. 807; 12 U.S.C. 1715c and repeatedly amendedl. 3. Housing Act of 1950 (college housing) lamended by Housing Act of 1959 to add labor provisions, 73 Stat. 681; 12 U.S.C. l749alfll. 4. Housing Act of 1959 (sec 401(f) of the Housing Act of 1950 IS .amended by Pub. L. 86-372. 73 Stat. 681.; 12 U.S.C. l701QlclI3l). . 5. Commercial Fisheries Research and Development Act of 1964 (sec. 7, 78 Stat. 199; 16 U.S.C. 779c(bll. 6. ~ibrary Services and Construction Act (sec. 7(al. 7B Stat. 13; 20 U.S.C. 355c(al(41, as amended). . 7. National. Tecllnical Institute for the Deaf Act Isec. Slbl(51. 79 Stat. 126; 20 U.S.C. 684(b)(SI). 8. National Foundation on the ArU and Humanities Act of 1965 lsec. S(kl. 79 Stat. 846 IS Imended; 20 u.s.e. 954(jl l. 9. Elellentary and Secondary Education Act of 1965 as amended by Elementary and Secondlry Ind other Education Amend- ments of 1969 (sec. 423 as added by Pub. L. 91-230. title IV. sec. 401(a)(10). B4 Stlt. 161. Ind renullbered sec. 433. by Pub. L. 92-318; title 111. sec. 301(a)(1). B6 Stat. 326; 20 U.S.C. 1232 (b II. Under the amendllent coverlge is utended to a 11 programs administered by the tOallissioner of Education. 10. Tile Federal-Aid Higllway Act of 1956 (sec.10B(bl. 70 Stlt. 378. recodified at 72 Stat. 895; 23 U.S.C. 113(al. as Imenclecll. see particularly tile IlIendllents. in the Federal-Aid Higllway Act of 196B (Pub. L. 90-495. 62 Stat. 815). . 11. Indian Self-Determill'ation and Eclucation Assistance Act Isec. 7, 88 Stat. 2205; 25 U.S.C. 45Del. 12. Indian health Care Improvement Act (sec. 303[bl, 90 Stat. 1407; 25 u.S.C. 16331bll. 13. RenaDi1itation Act of 1-973 (sec. 306 Ibl IS) 87 Stat. 384, 29 U.S.C. 776Itll(5)l. 14. Comprehensive Employment and Training Act of 1973 (sec. 606, 87 Stat. 880, renumbered sec. 706 by 88 Stat. 1845; 29U.S.C. 986; also sec. 604, 88 Stat. 1846; 29 U.S.C. 964(bH311. 15 State and ~ocal Fiscal Assistance Act of 1972 Isec. 1231il161. B6 Stat. 933; 31 U.S.C. 1246Ial(6)). 16. Federal water Pollution control Act (sec. 513 of sec. 2, 86 Stat. 894; 33 u.s.e. 13721. 17. veterans Nursing Home Clre Act of 1964 (7B Stat. 502, as Imended; 38 U.S.C. 5035(a)(81). 18. Postal Reorganizltion Act (sec. 410(bl(4)(Cll ; 84 Stat. 726 as amended; 39 U.S.C. ~10(bl(41(Cll. 19. National Visitors Center Flcilities Act of 196B (sec. 110. 32 Stat. 45; 40 u.s.e. B081. 20. Appalachian Regionll Development Act of 1965 (sec. 402. 79 Stat. 21; 40 U.S.C. App. 4021. 21. Hellth Services Research. Hellth Statistics. and Medical Libraries Act of 1974 (sec. 107. see sec. 308(h)12) thereof, 88 Stlt. 370. IS ..ended by 90 Stat. 37B; 42 U.S.C. 242m(h) (2) I. 22. Hospitll Survey and Construction Act. IS IlIended by the Hospital and Medicll FaCilities Allendments of 1964 (sec. 605(1)(5). 7. Stat 4SJ; 42 U.S.C. Z91e(I)(S)}. 23. Hellth ProfeSSions Educltion Assistance Act (sec. 303(bl. 90 Stat. 2254; 42 u.s.e. 293a(ll(1)(C); also sec. 30Ba. 90 Stat. 2256. 42 U.S.C. 2931(c}(71). 24. Nurse Trlining Act of 1964 (sec. 941(a)(1)(Cl. 89 Stlt. 364; 42 u.s.e. 296a(b)(S)). . 25. Helrt Desease. Cancer. Ind Stroke Allendments of 1965 (sec.. 904. IS added by sec. 2. 7t Stat. UB; 42 U.S.C. 299d(b)(411. 26. Safe Drinking Wa~er Ac.~ lsec. 2(al, see sec, 1450e thereof, 8B Stat. 1691; 42 U.S.C. 300j-9Ie)). 27. .National Health Planning and Resources Act lset. 4, see sec. 16041tl){111Hl, BB Stat. 2261. 4Z U.S.C. 3000.3Ibl(11IHll. Z8 U.S. Housing Act of 1937, as amended and recodi- fied IBB Siat. 667; 42 U.S.C. 1437jl. 29. Demonstration Ci~ies Oevelcpment Att of 1966 lsecs. 110, 311, 1259. 1270. 1Z77, 1284; 4Z U.S.C. 3310; U.S.C. 1437jl. 30. S 1 Ull C 1 urance Program; Hous i ng Act of 1949 (set. 109. 63 Stl~. 419. as amendecl; 42 u.s.e. 1459). and Metropolitan 503, 1003, 80 Stat. 12 U.S.C. 1115t; 4Z 31. Frail Housing: Housing Act of 1964 (acids sec. 516(fl to Housing Act of 1949 by sec. 503. 7B, Stat. 797; 42 U.S.C. 1486(fll. 32. Housing Act of 1961 (sec. 707. Idded by sec. 907, 79 Stlt. 496. as allended; 42 u.s.e. 1500c-31. 33. Defense Housing and Comllunity Facilities and Services Act of 1951 (sec. 310. 65 Stlt. 307; 42 U.S.C. 1592il. 34.. Speci al Hellth Revenue Sharing Act of 1975 (sec. 303. 'see sec. 222(a)(5) thereof. 89 Stat. 324; 42 u.s.e. 2689j(l) (5) I. 35. Econollic Opportunity Act of 1164 (sec. 607. 78 Stlt. 532; 42 U.S.C. 29471. 36. Headstlrt. Econollic Opportunity. and COllllunity illrtnershi p Act of 1974 (sec. 11. see sec. 811 thereof. BB Stat. 2327; 42 U.S.C. 219Za). 37. Housinll and Urba.n Development Act of 1"5 (sec. 707. 79 Stat. 492 as allend.d; 4Z U.S.C. 3107). 3B. Older Am.ricans Act of 1165 (sec. 502. Pub. L. B'-73. as IlIended by SIC. 501. Pub. L. '3-Z9; 87 Stat. 50; 42 u.s.e. 3D411(ll(4)). 39. Public Worts and Ecollomic Developllent Act of 1105 (sec. 712. 79 Stat. 575 as Imended; 42 u.s.e. 3ZZZ1. . 40. Juvenile De'inQuency Preven~ion Ac~ (sec. 1. 86 Stat. 536: 42 U.S.C. 3884l. 41. New Communi~ies Act of 196B Isec. 410, 82 Stat. 516: 42 U.S.C. 39D9l. 42. Urban Growth and New Communi~y Development Act of 1970 (sec. 727(1). B4 Stat. 1803: 42 U.S.C. 4529). 43. Oomestic Volunteer Service Act of 1973 (sec. 406, B7 Stat. 410: 42 U.S.C. 50461. 44. (secs. 110, l440Ig11. 45. Developmentally Disabled Assistance and Bill of Rights Act (sec. 126(41. 89 Stlt. 488: 42 U.S.C. 6042(41: title 1. sec. 111, 89 Stat. 491: 42 u.s.e. 6063(bl(19)1. 46. Public works Employllent Act of 1976 (sec. 109. 90 Stat. 1001: 42 U.S.C. 67D8. also sec. 208. 90 Stlt. 100B: 42 U.S.C. 6728). HOusing and Community Oevelopment Act of 1974 802(gl. 8B Stlt. 649. 724: 42 U;S.C. 5310, 47. Energy Consernti on and Producti on Act (sec. 451(h), 90 Stat. 1168: 42 u.s.e. 6B81(hll~ 48. Solid Waste Disposal Act (sec. 2. 90 Stat. 2828: 42 U.S.C. 69791. 49. Rail"assenger Service Act of 1970 (sec. 405d. 84 Stlt. 1337: 45 u.s.e. 565(dll. 50. 7B Stat. 307: 1609). Urban Mass Transportltion Act of 1964 (sec. 10. renumbered sec. 13 by BB Stat. 715: 49 U.S.C. 51. Highway speed ground transportation stUdy (sec. 6(b), 79 Stat. 893: .9 U.S.C. 1636(b)). 52. Airport and Airway Developllent Act of 1970 (sec. 22(bl. B4 Stlt. 231: 49 U.S.C. 172Z(b)). 53. App. 2281 i ) . 54. National Capital Transportation Act of 1965 (sec. 3(bl(41. 79 Stat. 644: 40 U.S.C. 6S2(b)(4). Federal Civil Defense Act of 1950 (sO u.s.e. . NOTE - Repealed Dec. 9. 1'69 and labor standards incorporated in sec. 1-1431 of the District of ColuaDia COde I . 55. Model Secondary Schoo' for ~he Deaf Act (sec, 4, 80 Stat. 1027, Put!. ~. 89 694, bu't no~ in ~he uni~ed States Code I. 56. Oelaware River Basin Compact lsec. 15.1. 7S Stat. 714. Put!. L. B7-328) Iconsidered a statute for purposes of the plan but not in the United States Code). . [FR Ooc. B6-7726 F;led 4-B-86; 8:45 amJ . T lTLE 40 USC SECTIONS 327 - 330 PUBLIC LA~ 87-581 AN ACT To establish stanoards for hours of work anCl overtime pay of laborers and mecna~'cs ~mplored on work. Clone under contract for, or with the flnancl~l a.1d of, the Unl.ted States. for any territory, or for tne DlStr1ct of eolumbll, and for otller purposes. Be it enacted by the Senlte and House of Representatives of the United Stites of Alledcl in c.ongress assellbled tlllt tIlis Act lIay be cited as tile -Work Hours and Safety AC~ of 1962- and title I mlY be cited as the .Cont~lct Work Hours InCl Slfety StlnCllrds Act-. TITLE 1 - COITRACT MORl HOUIS AID SAFETY STANDARDS ACT SEC. 101- lIeans tile. Secretlry ~Ibor. AS used herein. tl'le terll .Secretary. of Llbor. Uni ted States Departllent of SEC. 102. (II. Notwithstanding any other provision of law, the wages of every laborer and lIectlanic employed by any contractor or Subcontractor in his perforllanee of work on. any contract of tile clllracter specified in section 103 shall be COllputed on tile basis of a standard workday of eight 1I0urs and I stlndlrd workweek of forty 1'I0urs. and work in excess of suCIl stlndlrd workdlY or workweek shill be perllitted subject to tne provisions of this section. For each workslleet in w"ich any suc" laborer or lIecllanic is so ellployed. sUCII wages Slllll include cOIIPensation. at a rate not less than onelnd one-lIllf tilles tile blsic rate of pay. for all hours worked in eacess of eigllt hours in any calendar illY or in eacess of forty hours in tile workweek. as the case lIay be. (b I The foll owi ng provisions sha 1: be a condi t; on . of every contract of tl'le cllaracter specified in .ection 103 and of Iny obligltion of the United State.. any territory. or the District of C01Ullbil in connection therewith: (1) 10 contrac~or or subcontractor con- tracting for any part of the contract work which lIay reQuire or involve tne employment of 'a~orers or mechanics sha" reQui re or permi t any , aborer or mecnani c, in any workweek in which he is employed on sucn work, to work in e~cess of eignt hours in any such ca'endar day or in e~cess of forty hours in suCh workweek except in accordance with tne provisions of tnis Act; ancl III In the event of violation of tne provlS,ons of paragraph (11, the contractor and any subcontractor responslOle therefor shal 1 be 1 iab1e to SUCh affected employee for his unpaid wages and Sha". in addition. be liable to the Unitecl States lor, in the case of work done uncler contract for tne Oistrict of Columbia or a territory, to such Oistrict or to such ter~;toryl for liquidated damages as provided therein. Such "Qu,dated damages sllall tle computed. wi.tll respect to each individua.l ,employed .as I l~bol'er or mechanic in violation of any provls,ons of tillS Act. ln the sum of SlD for eacll calendlr day on which such inclividual WIS reQu i red or pel'mi tted to work in excess of eight hours or in excess of stanclard workslleet of forty lIours without payment of tile overtime wages required by this Act. The, government.al agency for whiCh the contract work is done or by which financial assistance for the wOl'k is provided may withhold. or cause to be withheld, subject to the provisions of section 104. . from any moneys payab 1 e on account of work performed by a cont.ractor or subcontractor, such sums as mlY administratively be det.ermined to be liQuidlted clamages as herein provided. SEC. 103.(a) Tile provisions of this Act shall apply. except. as ot.herwise pl'ovided. to any contract which lIay I'eQuire or involve the employment of laborers or mechanics upon I publiC work of the United St.ates, of any territory. or of the Oistrict of Columbia. and to any otller contract which lIay require or involve the employment of laborers or meChanics if such contract. is one (1) to wllich the Unit" States or any agency or instrument.llity thereof. any territory, or tile District. of Columbia is I party. or (21 which is lIade for or on behalf of tile Untied St.at.es. any Igency or insturmenta1ity tllereof. any territ.ory. or the District of Colullbia, or (31 which is . cant.rlct for work financed in whole or in part by loans or grant.s froll. or loans insured or gUlranteed by. tile United Stat.es or any agency or instrument.ality thereof under any stat.ute of the United States providing wage standardS for suCh work: Provided, that the provisions of section 102. shill not. .apply to work where tile assistance froll the United States. or Iny agency or inst.rument.ality as set forth above is only in t.llat nat.ure of I lOin guarantee. or insurance. Excep.t' as . otherwise expressly provided. t.he provisions of the Act shan apply to all laborers and meChanics. including watchllen and guards. emp 1 oyed by Iny contractor or subcontractor in the performance of any part of the work' contempl a'ted by such contract, and for purposes of tnis Act. 'aborers and mecnanics Shall include workmen performing services in connection witn dredging or rock excavation in any river or narbor of the united states or of any territory or of the District of Columbia, but sha" not include any employee employed as a seaman. Ib) This Act sna" not apply to contracts for transportation by land. air, or water, or for 'the transmission of intelligence, or. for th.e purCh.ase of supplas or materials or articles ordinarlly avallable ln the open market. This Act shall not apply with respect to any work reQuired to tle done in accordance with the prov1S10nS of the WalSh-Healey Public Contracts Act (49 Stat. 2036; 41 U.S.C. 35-45l. SEC.104.lal Any officer or person designated IS inspector of the work to be performed under any contract of the character specifieCl in section 103, or to aid in the enforcement or fulfillment thereof shill, upon observation or investigation. forthwith report to the proper officer of the united States. of any territory or possession. or of the District of Columbia, all violltions of the provisions of this Act occurring in the performance of such work. together with the name of each laborer or mechanic who was reQuired or permitted to work in violation of such provisions and the day or days of such violation. The amount of unpaid wlges and liquidated damages owing under the provisions of this Act shall be aelmin;s~ratively determined and the officer or person whose duty it is to approve tne payment of moneys by the Uni teel stites. the territory. or the District of Columbia in connecti on wi th the performance of the contract work sha" dirett the amount of such liquidated eamages to be withheld for_ the use and benefit of the United States. Slid territor-y. or said District. and shall direct the amount of suCh unpaid wages to the withheld for the use and benefit of the laborers and mechanics whO were not compenslted as required under the provisions of thiS Act. Tile Comptroller GeneI'll of the United Stltu is hereby authorized and directed to pay directly to suCh laborers and aechanics. from the sums withheld on Iccount of underpayments of wagu. tile respecthe amounts admi ni stra- tively determined to be due. if the funds witbheld are acleQuate. Ind. if not. an eQuitable proportion of such amounts. (bl If the accrued pay.ents witbheld under lIechanics with respect to wholl there has been I failure to pay. tne wages required pursuant to this Act. SUCh laborers and meChanics Shall. in tbe case of a department or agency of the F~eral Government. nave tbe rights of action and/or of inter- vention against the contractor and his sureties conferred by law upon persons furni shi ng , aDor or materia's, proceedings it shall De no defense that such mechani cs accepted or agreed to accept 1 ess than rate of wages or voluntarily made refunds. (c I Any contractor or sutlcontractor aggrieved tly t~e ~itnno'dlng of a sum as liQuidat~d damages as provided in thlS Act snal' have tne rlght. Wltnln S1ltty days tnereafter. to appeal to tne head of the agency of the United States or of the territory for whiCh the contract work is done or tly which financial assist~nce.for the work. is, provided, or to the Commissioners of the 01strlct of Columbla ln the Case of liQuidated damages withheld for the. u~e and benefit of $lie! Oistrict. Such agency head or Comm1S~10ners, as tn.e ,case may be shall have authorlty to revlew the admln1Strat1ve deierminltion of liQuidated damages and to issue a final order Iffirming such determination; or, if it is found thlt the sum determined is incorrect or that the contractor or subcontractor violated the provisions of this Act inadYerte.ntly notwithstanding the uercise of due care on his, part and UU of hi s agents. recommenda ti ons mlY be Ilade to the Secretary that an appropriate adjustllent in liquidated dalllges be made. or that the contractor 01' subcontractor be relieved of liability for. such liQuidlted cllllages. The Secretar,y shan review all pertinent facts in the Ilatter and Ilay conduct suCh investigations as he deems necessary. so as to affirm or reject the recollmendation. The decision of the Secretary shall be final. In all such cues in which a contractor or sutlcontrlctor lIay be aggrieved by a final. orcler' for the withholding of liQuidated damages as hereinbefore provided. SUCh contractor or subcontractor may. within sixty days after suCh final order. file a claim in the Court of elai.s: Provided. 1I0wever. That final orders of the agency head. the Commissioners of the District of Columbia or the Secretary~ as - tile cue may be, shall be conclusive with respect to findings of fact if such findings are supported by substantial evidence. and in sucn , aDorers and tne rec;uired (dl Reorganization Plan Numbered 14 of 1950 (15 F.R. 3175; 6. Stat. 12671 shill be applicable with respect to tile provisions of this Act. and section 2 of the Act of ~une 13. 1934. u lIlended (4B Stat. 94B. 54 Stat. 1236. U Stat. lOB: 40 u.s.e. 276cl. shall be applicable with respect to those contractors and subcontractors referred to therein who are engaged in the performance of contracts subject to the provisions of this Act. SEC. 105. The Secretary .ay provide SuCh reasonable limitations and lIay make such rules and regulltions allowing reasonable variations. tolerances. and exemptions to and from any or 111 provi si ons of this Act as lie may find necessary and proper in the public interest to prevent . injustice or unclue narclsnip or to avoid serious impairment of the conduct of Government business. SEC. 106. Any contractor or subcontractor wnose duty it shall be to emp'oy. direct. or contro' any laborer or mecnanic emplc:yed in the performance of any work contemplated by any contract to whi ch thi s Act app.l1!S. whO sna 11 intentionally violate any prOV1$10ns of U1S Act. snall be dumed guilty of a misdemeanor. and for each and every such offense sha", upon conviction, tle punished tly a fine of not to exceed Sl 000 or by imprisonment for not more than six months, or tly both suCh fine and imprisonment, in the discretion of the court having juriscliction tnereof. SEC. 107.la) It shall be a condition of eaCh cont.ract whi ctl is entered into under 1 eg h la t ion 1950 164 Stat.. 12671, and is for construction. alteration, and/or repair. including painting and decorating. that no contractor or subcontractor contracting for any part. of the contract work shall reQuire any laborer or lIechanic employed in t.he pel'formance of the contract to work in surroundi ng or under work i ng condi t.i ons wh i ch are unsani tary. haZlrdous. or dangerous to his Ilea 1 t.h or safety, as determi nedunaer construct.i on sa fety and health stlndarcls promul SJa t.ed by the Secretary by regulation based on prOCeedings pursuant t.o section 553 of tit.le 5, United States Code. provided that such proceedings include a hearing of the nature authorized by said section. In formulat.ing suCh standlrds. the Secretlry shall consu't wi tll the Advi sory C.omlli ttee created by subsect.i on. I e I. (bl The Secretary is authorized to make suctl inspections; hold such hearinSJs. issue such orders. and llIIke such deci s ions based on fi ndillSJs ot- fact.. as ar. deemed necessary t.o gain compliance with Uis section and any health and safet.y st.andard promulgated by the Secretary under subsect. i on I al. and for sucll puposes tile Secretary and tile United States district courti shall hue tile authority and jurisCliction provided by sections 4 and 5 of the Act of June 30. 1936. (41 U.S.c.. 3B. 31). In the event that the Secretary of ~aDor detel'mines noncompliance under the provisions of tnis section after an opportunity for an adjudicatory hearing by tile Secret.ary of Iny condition of a contract. of a type described in clause (11 or 121 of section 103(a) of tllis Act. tile governmental agency for wllich tile contract work is done sllall tlave the right t.o cancel tile contract. and to enter into o~er cont.racts for tile completion of the contract work. charSJing any additional cost t.o the original contractor. In the event of noncollp 1 i ance. IS determi ned by the Secru.ary after 1ft opportunity for In adjudictory hearing by the Secretary. of any condition of a contract of a type described in clause (3) of . 1- section 103(al, tne governmenu' agency by wldcn financial guarantee, assistance. or insurance for the contr'act WOr'k is provided Shall have tne rignt to wlthnold any sucn aSS1SUnce attributable to the performance of tne contract. Section 104 of this Act shall not apply to the enforcement of tnis section. (cl ihe United States district courts snall have jurisdiction for cause shown, in any actions brought by the Secretary, to enforce compliance with the construction safety and health standard promulgated by the Secretary under subsecti on (al. I d I 11 l 1 f the Secretary deterllli nes on ~e record after an opportunity for an agency hearlng that. by repeated willful or grossly negligent violations of this Act, a contractor or subcontractor hIS demonstrated that the provi- sions of subsections Ibl and Icl are not effective to protect the safety and healtll of his employees, tile 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 contrlctor or subcontractor to the Comptroller General. (2) Tile Comptroller General shall distribute each name so transmitted to lIill to III agencies of the Government. Un less the Secretary otherwise recomllends. no contract subject to this section shill be Iwarded to sucll contractor, or subcontractor or to Iny person in whi ch such 'contractor or subcontractor has a substanti 11 interest unti 1 three years have elapsed from the date the name is transmitted to the Comptroller General. If. before the end of such thrH-year period. the Secretary. Ifter affording interested persons due notice Ind opportunity for -hearing. is -Sltisfied that a contractor or subcontr~ctor whose nlme hOe. has transmitted to the responsibility with the requirements of this section. he shill terllinate the application of the preceeding sentence to such contractor or subcontractor (and to any person in wh i ch the contractor or subcontractor has I SUDstlnti al interestl: and when the Comptroller General is inforlled of the Secretlry's action he shill inform III Igencies of the Government thereof. (3) Any person aggrieved by the Secretary's action under subsections (b) or (d) may. within sixty dlys after receiving notice 'thereof. file with the approprilte United States court of appeals a petition for review of suCh action. A copy of. the petition sball be . forthwith trlnsllitted by the clerk of the court to the Secretlry,. WhO shall thereupon fi 1e in the court the record upon which he based his action. as provided in section Zl12 of title 2S.United States Code. The findings of fact by tne Secretary. if supported by substantial evidence. sna" be fi nal. The Court shall have power to make and enter a decree enforcing, modifying. and enforclng as so mOdified. or setting aside in whole or in part. the order of tne Secretary or tne appropri ate Government agency. The Judgement of tne court Shill be subJect to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 2B, United States Code. Ie) III The Secretary Shall establish in the Department of ~atlor an Advisory Committee on Construction Safety and hea'th Ihereinafter referred to as the 'Advisory Committee'l consisting of nine members appointed. wi thout regard to the c i v11 serv ice laws, by the Secretary. The Secretary Shall appoint one such member as Chairman. Three members of the Advisory Committee shall be persons representative of contractors to whom this section applies. three members shall be persons representative of employees primarily in the building trades and construction industry engaged in carrying .out contracts to which this section Ipplies. and three public representatives who shall be selected on the basis of their professional and technical competence and experience in the construction health and safety field. ' 121 The Advisory Committee shall advise the Secretary in the formulation of construction safety and health standards and other regulations. and with respect to policy. matters arising in the administration of this section. The Secretary lIay appoint such special advisory and teChnical experts or consul tants as may be necessary to carry out the functions of the Advisory Committee. (3) Members of tile Advi sory Committee Shall, wllile serving on tile business of tile Advisory Committee. be entitled to receive compensation at rates fixed by tt1e Secretary. but not exceedi ng SlOO per day. incl udi ng traveltime; and while so serving Iway froll their homes or regullr places of business. they .ay be Illowed trlvel expenses. including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in the Government service employed intermittently. (fl The Secretary shall provide for tile establisllment and supervision of programs for tile education and trlining of employers and ellployees in the recognition. avoidance, and prevention of unsafe working conditions in ellployments covered by tile Act. Ind to collect sucll reports and daU and to consult with and idvise employers IS to tile best means of preventing injuries. Approved August 13. 1'62 Amended August t. 1969 . S~ate of Ca'ifornia Departmen~ of I~ustrial Rela~ions Division of ApprenticeShip StanQarQs EXCERPTS rRDM THE CA~IFORNIA ~ABOR COOE RE~ATING TD APPRENTICES ON PUBLIC WORKS Chapter 1 of Oivision 2 APPRENTICES ON PUBLIC WORKS 1773.3 An awardi ng agency wllose pub 1 i c works contract falls witllin the JuriSdiction of Section 1777.5 shi", witllin 5 dlYs of the IWlrd. send a copy of tile ~w~rd to the Oivision of Apprenticesllip Standards.. When speClf1Clll.y.reQuested by. a local join~ apprenticeshlP commlttee, the divlSlon shall notlfy "the local joint IPprenticeship committee ,regarding 111 SUCh awards applicable to the joint apprenticeship committee mlking the request. Witllin five dlYS of I finding of any discrepancy regarding "the ratio of apprentices to journeymen. pursuant to tile certified fi ud number of Ipprenti CIS to journeymen. tile awarding agency sllall notify the Division of Apprenticesllip Standards. (Aclded by Stats. 1978. tho 1249.) 1776. (a) Each contractor and subcontractor shall Itee~ an accurate payroll record, ShOWln!! the nllle. acldress. socllf securlty number. work c'asslflcatlon. stral!!llt tllle and overt 1 lie Ilours worked each day and week. and tile actual pe;: III em wa!!es Pll d to ea cn Journeyllan. appren~l ce. worker, or otller employee employed lly hll1 or ner In connectlon Wltll tile pub 11 c work. (b) The payroll records en&lllerlted unGer subdivision (al shall be certified and Shall be nai lable for inspection at all reasonable hours It the principal office of "tile contrlctor on the following basis: (1) payroll record shill be furnished to SUCh employee Itive on request. A certifi ed copy of an emp 1 oyee . s mlde Ivailable for inspection or or his or her authorized represent- . (21 A certified copy of all plyroll records enumerated in subdivision (a) shall be lIade available for inspection or furnished upon request to I representative of the bOdy awarding the contract. The Di,ision of Labor Standlrds Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. 13l A certified copy of ~ll payroll records enumerated in subdivision la} Shall be made available upon reQuest to tne puDlic for inspection or copi.es tnereof made provioed, however, that a reQuest tly the publlC shall ~e made' througn either the body awarding tne contract, the ~ivision of ApprenticeShip Standards, or the Division of Labor S~andards Enfcrcement. The puclic shall no~ be given access to SUCh ~ecords at the principal office of the contractor. Icl ~ach contractor Shall file a certifieo co~y cof t:le re:orcs enumera'ted in suDdhi s i on (a l wi th the entity that reQ~estee s~cn records within 10 days after receipt of a writtEn re~uest. i.:: l ~ny cO;lY of records made I VI nib 1 e fcr ~~S~t:t~:~ lS cC;l~es anc f~rnished upon re~uest to the pUblic :r I.~'J j:..ci~: agen:)' ~y tl'le awarding bOdY, the :livision cf ".:l,r!::t~cet::i;l Sur..::a:-cs or tne :livi.sioli of _abor S~ar.'arc:s ~r.f~rceQe:lt snt:i De ~irtea or o~literated in such a ma~ne:- as tC ;:!'2Iver.t c~HlCSlOre of an inclividual's naCle. a~dress and s::..: se:lOr.ty ~1O:~e~. ,he r.ece ana address cf ~he contractor awer:e:! tr.e COr.t~LCt or ;.erformi ni the con~rect sha' 1 not ~e :ir~ec or OD1iterltec. iel ihe contractor sl:lll inform the ~oC:y e.arci~g 'tne contract of the location of the records enu~e:-Ite: .onto":,, suDchision (Ii. including the street address. city In:. cour.ty. ana shaii, witnin five working days. provide a r.,aice of a cnange of location and address. If) In the event of nonco"piilnce with tilt: r~Qui~r.ents of tnis section. the contrac~or sl:all have lC Geys 1n wn1ch to c;=ply subseQuent to recei;!t of written nOt!'e soecifying ir. wnat respects sucll contractor lIIUSt cOllpiy wit~ this section. Should ncncompliance still be evioent after Sli;n 10-oay periOd'. the contractor shall. as a penalty to the sta'u or pol i tical subdivision on wllose bellalf tne contract is malle or awarded. forfeit twenty-five dollars (S251 for each calenc:ar day, or portio~ thereof. for each worker. until strict compliance is effectuated. Upon th~ reQuest of the Division :f Apprenticeship Standards or 'tile Division of L.abor Standardt Enf orcelllent. sucn penl1ti es sha 11 be wi 'thhe 1 d from progress payments tnen aue. Igl The body awarding tile contract slla" cause to be in serted in tile contract stipulations to effec~uate th1S section. SUCh stipulations shall fix the responsibility for cOllpliance with this section on the prime contrlctor. . (nl The direc~or shall adollt ru1es consistent with tne California Putl'ic RecordS Act. (Ch, 3.5 Icommencing with Sec. 6Z50l, or Div, 7. Tit'e 1. Gov. C.l and tile Information Practices Act of 1977, ITit'e 1,8 Icommencing with Sec. 17981 Pt. 4, Div. 3, Civ. C.l governing tne release of suCh records, including tile estatl'isnment of reasonable fees to be cllarged for reprOduClng copi es of records reQuired by this section. IAdded by Stats. 197B, Ch. 1Z49.1 1777.5. employment of works. 1I0thing prollerty in th is regi stered cllallter shl 1 1 apprentices prevent tile upon pUblic Every suCh IPprenti ce shall be III i d the standard waCle aid to a rentlCes under tne re ulatlons of tne craft 01' trloe a~ Wnlcn ne lS em 0 ed. and sha be em 0 ed on at tile work of ~ne cra t or trade to wnlch ne lS reglstered. Onl y Ipprent ices. . IS d.ef i ned in Secti on ~077. wllo are in training under allprentlceshlp standards and wrltten appren- tice agreements under Chapter 4 Icommencing with Section 3070), Oivision 3. of the ~abor Code. are eligible to be employed on public works. Tile employment and training of each apprentice sill" be in accordance with the provisions of the allprenticeship standardS and apprentice agreements under wllich lie is training. When the contractor to whom tile contract is awarded by the sta~e or an 011tlcal subCllvulon, or an subcontractor under nlm. ln per ormlng any 0 tile .or unCler tne contract or suocontract. employs workmen ln any aPllrentlceable craft or traCle. tile contractor and subcontractor shal' a 1 to tile olnt a rentlcesnl commlttee a mlnlsterln the a rentlceslll stanClards 0 tile cra t or trade ln tile area 0 tile slte 0 tile IlUOllC work for a certlflcate allllrOvlng tile contractor or subcontractor unCler tile allllrentlceslllp 'tlnGIr-ds for tne em 10 ment and tralnln of a rentlces In tile area or lndustry I ecteCl: provldeCl. 1I0wever. tlllt tile approva as estab lSlled by tile Joint apprenticeship couittee or cOllmittees shall be subject to tile approval of tile ~dll1n1strator of Apprenticesllip. Tile joint apprenticesllip COllmittee or committees. subsequent to approving tile subject contractor or subcontractor. shall Irrange for tile dispatch of apprentices to the contractor or subcontrlctor in order to comply wi th this secti on. There shall be an Iffirllathe duty upon the joint apprenticesllip cOllmi ttee or cOlllli ttees admi nisteri ng the appr-enti.ceshi p . standards of tile crlft or traGe in the area of the site of tile public work to ensure eQual ellploYllent and Iffir-lIltive action in apprenticeShip for women and minorities. Contractors or suDcontrac~ors shall not De reQuired ~o suDmit indivldua' applications for allprova' to 'oca' joint aPllrentHeSn1p committeeS provided they are already covered Dy the '0,a1 apprenti ceshi p standardS. The rati 0 of apprenti ces to ourne men whO shall De em lo ed In tne craft or trade on tne uO lC work ma De tne ratIO Stl u ated In tne a rentlcesnl standardS under .nlcn tne oInt a rentlCesnl commIttee ollerateS but In no ::ase sna tne ratIo De ess tnan one a~prentlce for eacn fIve Journeymen. e~cellt as otnerWlse prOVIded ln tnlS sectIon. . The contractor or sutlcontractor, if he is covered tly tnis section, upon tne issuance of the approvll certificate. or if ne nlS been preViOusly approved i~ sucn craft or trlde, shall employ the number of apprentlces or the ratio of apprentices to ~ourneymen stipulated in the apprenticeship standards. upon proper snowing by the contrlctor tlllt he employs apprentices in such craft or trade in the state on 'all of nis contra'ts on an annual average of not less thin one apprentice to each five journeymen. tile Oivision of Apprenticeship Standaras may grant I certifiClte e~empting tne contractor from tne l-to-S ratio as set fortll in tllis season. Tni s secti on sna" not a 1 to contracts of enerll contractors I nvo v 1 n ess tnan t 1 rt tnousand do ars or workln da s or to contracts 0 s eCla t contractors not blaaln or wor t rou a enera or rlme contractor. 1 nvo Vl n ess tnan two thou Sind dO ars or ewer than lve wortlnQ days. -Apprenticeable crlft or trade.. as used in this section. shill lIean I craft or trade deterllined as an apprenticuble occupation in accordlnce witll rules and regu'.tions prescribed by tile Appenticesnip Council. Tile joint apprenticeship cOllllittee snall naye tile discretion to grant a certificate, wnicn sull be subject to tne Ipproul of tne Adlli n i stra tor of Apprenti ceshi p. eUllpt ing a contractor froll the l-to-S ratio set forth in tnis section wnen it finds tI'lat anyone of tne following conditions is lIet: (al In the event unemploYllent for tI'le previous tllree 1I0ntll period in such area eaceeds an average of lS percent. or (bl In the event ihe number of apprentices in training in sucn area eaceeds a ratio of 1-to-5. or (c I If there is a Showing that the IPprenticeable craft or trade is replacing at least one-thirtieth of its journeyman annull'y through apprenticesnip training, either (1) on a statewide basis. or (2) on a local bas is. . (dl If assignment of an apprentice to any . work performed under a putl' i c works contract wou'd create a condition which would jeopardize his life or the 'ife. safety. or property of fellow employees or tne putlliC at large or 1t the specific task to whicn tne apprentice is to be assigned is of sucn a nature that tra1ning cannot be provided by a journeyman. When such uemptions are granted to an organization which represents contractors in a specific trade from the l-to-5 ratio on a local or statewide tlasis the member contractors wi" not be required to sutlmit individual applications for approval to local joint apprenticeship comllli ttees. prov; ded they are a'ready covered by the local apprenticeShip standardS. " contractor to whom the contract is awarded. or any sutlcontractor under III m. wno. 1 n erform1 n In of tne work under the contract. em 0 s .ourne lien or a rent1ces 1n an a rentlceatl e cra t or traoe Ino wno lS not contr1but1n to I uno or unOs to aom1n1ster and conOuct the a rent1ceSn1 proqram 1n any sucn crl t or traOe ln tne Irea 0 tne slte 0 tne QubllC work. to Wn1Cn fund or fundS otner contrlctors ln tne Irea of the Slte of tne ubl1C work are contrlbutlng, sha" contr10ute to the und or unds 1n eacn cra t or traoe ln Whlcn ne elllploys JourneYlllen or apprentlces on tne pUbllC work ln the. Slllle Imount or upon tne same bas 15 and 1 n the same manner as tne other contractors 00. tlut where the trust fund aOlll1n1strators are unable to accept such fundS. contractors not S1 nltor to the trust a reement snaIl a a 11ke amount to the a 1 ornla pprentlcesnlR ouncl. e contractor or subcontractor mlY lad the Imount of .uch contrib~ions in computing his bid for the contract. 'The Division of Labor Standards Enforcement is authorized to enforce the payment of sucn contributions to the fund or funds as set forth in Section ZZ7. 'The body Iwarding the contract shill cause to be inserted in the contract stipulations to effectuate this section. Such st' ulations shall f1& the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 3081. . (Amended by StltS. 1976. tho 1179.1 1777.6. It Shall be unlawful for an emp'oyer or a latlor union to'refuse to accept otherwise Qualified employees as registered apprentices on any pUb'ic works. on tne ground of tne race, religious creed. c:o'or. national origin, ancestry. sex. or age, except as provi ded in Secti on 3077, of sucn employee. IAmended by Stats. 1976. Ch. 1179.l Sec. 1777.7. [al fails to comply with the contractor shall: (ll Be denied the right ~o bid on any publ i c works contract for a peri od of one year frOIl the date ~he de~ermination of noncompliance is mlde by the Aclministrator of Apprenticeship; and In the event a contractor willfully provisions of Section 1777.5. SUCh 12l Forfeit IS a civil penalty in the sum of f;fty dolllrs ISSOl for each cllendr day of noncOllpliance. Notwiths~andin9 the provisions of Section 1727. upon receipt of such a dtermina~ion the aWlrding bOdy sball withhold frOIl contract progress payllents then due or to become due such SUII. (bl Any such deterllination shall be issued Ifter a full investigation. a fair and i.plrtial hearing. and reasonab 1 e noti ce thereof in accordance wi th reasonable rul es Ind proced~res prescribed by the ellifornia Apprenticeship Council. (cl Any funds withheld by the awarding body pursulnt to this section shall be deposited in the General Fund if the Iwardin9 body is a sta~e entity. or in the eQui-.a.lent fund of an aWlrdi"g bOdy is an entity other than the stlte. 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 Council. (Amended by Stats. 197.. tho 1241.1 . ECUAL EMP~cTMENT cPPDRTUNITT EXECUTIVE OROER 11246 AS AMENcED BY EXECUTIVE ORDER 11375 Under and by virtue of the authority vested in me as President of the United States, it is ordered as fo"ows; PART 1 PART 11 - - NONDISCRIMINATION IN GOVERNMENT EMPLOYMENT NONDISCRIMINATION IN EMPLOYMENT CONTRACTORS AND SUBCONTRACTORS BY GOVERNMENT Subpart A - Duties of the Secretlry of Labor SEC. 201. The Secretar'y of Llbor shal1 be responsible for' the administration of parts II and III of this or'der 'and shal,. adopt such r'ules and regulations Ind issue iUCh or'ders as he deells necessary and appropriate to Ich;eve the purposes thereof. Subpart B - tontrlctors' Agreements SEC. 202. Except in contracts eUllpted in accordance wi th sect; on 204 of thi s order. all Governllent contracting agenci es sha" ; nc 1 ude in every Governllent contract hereafter' entered into the following pr'ov;sions: DUr'ing the perforllance of this_contract. the contractor agrees IS follows: (1) The contrlctor will not dis- crillinate aganst any ellployee or applicant for ellploYllent because of race. color. religion. sn. or nlti ona 1 ori gin. The contractor wi" tlke Iffirllltiye action to ensure that Ipplicants are ellployed. and that ellployees are trea ted during ellp 1 oYllent. wi thout regard to their' race. color. religion. sex. or national origin. Such action shan include. but not be lillited U Ue followin): emploYllent. upgrad- ing. demotion. or trlnsfer; recruitllent or recruitment advertising; 111011 or terllinltion; . rates of payor other forllS ,of compensation; and selection for training. including Ipprenti ceshi p. The contractor agrees to post in conspicuous places. 1Y&i1able to ellployees and appli cants for ellployment. noti ces to be provicled by the contrlcting officer setting forth the provisions of this nondiscrillinltion clause. 12l The con~rlc~or wi". in I" solicitations or advertisements for emp'oyees placed by or on benalf of the contrac~or. state thlt a" Qualified applicants will receive consideration for employment without regard to race. color. religion, se~ or national origin. 13l The contrac~or wil' send to each labor union or representative of workers with which ne has a collective bargaining agreement or other contract or understanding. a not' ce. to tle provided by the agency con~racting officer, advising the labor union or worKers' representative of the contractor' S commitments uncler section 202 of Executive Order IiO. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places auilable to employees Ind appliclnts for employllent. (41 The contractor will cOllply with all provisions of Executi,e Order No. 11246 of September 24. 1965. and of the rules. regu- 1 ui ons. and re leunt orders of the Secretary of Labor. (5) The contract will furnish all i nforllati on and reports reQui red by Executive Order No. 11248 of September 24. 1965. and by the rules. regulations. and orders of the Secretary of Labor. or pursulnt thereto. and wi" perlli t access to t1is bookS. records . and accounts by the contracting- agency and the Secretary of Labor for purposes of investigation to Iscertain cOllpliances with such rules. regulations. and orders. (6) In the event of the contractor's noncollpliance with the nondiscrillination clauses of this contract or with any of such rules. regulations. or orders. this contract lIay be canceled. terminated. or suspended in whole or in part and the contrlctor Ilay be declared ineligible. for further Governllent contrlcts ift accordance with procedures luttlorized in Eucutive Order 110. . 11246 of September 24. 1165. and such other unctions lIay be i.posed and relledies involved as provi ded in Executi ve SeptemDer 24. 1965, or Dy order of tne Secretary otherwise provided by law. Order No. 11246 of ru'e. re9ulation. or of ~abor, 01" as (7l The contractor will inclUde the provisions of paragraphS III througn (7l in every suDcontract or purChase order unless exempted Dy rules. regulations. or orders of the Secretlry of Labor issued pursuant to section 204 of Eltecutive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon elch subcontractor or vendor. The contractor wi 11 tlke SUCh action with respect to Iny subcontrlct or purChase order as the contracting agency may direct as I muns of enforcing such proviSions inclUding sanctions for noncompliance: Provided, however. Thlt in the event the contrlctor becomes involved in. or thrutened with, litig.tion wi th I subcontractor or vendor as I result of such direction by the contracting agency. the contrlctor mlY reQuest the United Stites to . enter into SUCh litigltion to protect tne interests of the United Stites. SEe. 203. I al Each contrlctor hlYi ng I contrlct containing the provisions prescribed in section 202 Shill file. and Shill cluse each of his subcontrlctors.to file. complilnce reports with the contrlcting agency or the Secretary of Llbor as mlY be directed. Compliance reports shall be filed within SUCh tilles and shall contain such informltion as to the practices. policies. programs. and emplo)'lIent policies. programs, and employment statistics of the contrlctor Ind elch subcontrlctor, Ind shill be ift such forll. as the Secretlr)' of Labor Ill)' prescribe. (b) Bidders or prospective contractors or subcontrlctors ml)' be required to stlte whether they have plrticipated in Iny previous contract subject to the provisions of this order. or an)' preceding similar executive order. and in that event to submit. on behllf of themselves and their. proposed subcontrlctors. compliance reports prior to or IS an initill plrt of tneir bid or negotiltion.of a contract. (c) Whenever the contractor. or . subcontrlctor has a collective blrgaining Igreellent or other convact or understandi ng wi th I labor uni on or an agenc)' referring workers or providing or superVising apprenticeship or training for such workers. the compliance report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of ~abor may prescribe: Provided, That to tne extent SUCh information is within the exclusive possession of a labor union or an agency referring workers or proviaing or supervising apprenticeShip or training and such labor union or agency Shall refuse to furniSh such i nformati on to the contractor, the contractor shall so certify to the contracting agency as part of its compliance report and shall set forth what efforts he has made to Obtain SUCh information. (dl The con~racting agency or. the Secretlry elf Labor may direct that any .bldder or prospect1Ye contractor or subcontractor shall submlt, as part of his compliance repo~t. a statement in writing, signed by In authorized officer or agent on behalf of any labor union or agency referring workers or proviaing or supervising apprenticeship or other training. with which the tlidder or prospect;ve contractor deals. with supporting infarllation, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion. sex. or national origin. and that the signer either wi1 1 affirmatively cooperate. in the illplementation of the poliCy and provisions of this order or that it consents ana agrees that recruitllent. ellploYllent. and the terllS and conditions of emploYllent under tbe proposed contrlct sha 11 be in accordance wi tb the purposes' and provisions of the order. In the event tbat the union. or the agency. shall refuse to execute such a. stltellent. the COllp 1 i ance report Shall so certify and set fortll what efforts have been lIade to secure such a stltellent and sucll additional factual lIaterill as the contracting a3ency or tile Secretary of Laba~lIay require. sec. 2D4. The Secretary of Labor lIay. wilen lie deells that special circullstances in the national interest so require. exempt a contracting agency frail tile reQuirellent of including any or all of the provisions of section 202 of this order in any speci fi c contract. subcontract. or purchase order. The Secretary of Labor lIa)'. b1 rule or regulation. also exellpt certlin classes of contrlcts. subcontracts. or purChase orders: (11 whenever work is to be or hIS been perforlled outs i de the United States and no recruitllent of workers within the lillits of the United States is 1nwohed; (2) for standard cOllllercial supplies or raw .aterials; (3) inohing leu than specified IlIountS of 1I0ney or specified nUllber of workers. or (4) to the extent that tIley involve sullcontracts .below a specified .tier. Tile Secretar)' of Labor .ay Ilso provide. by rule. regulation. or order, for tile exellption of facilities of a contractor whicll Ire in all respects separate and di ni nct frOll acthi ties of tile contrlctor related to the perforllance of the contract. Provided. That such 1ft eaellPtion will not interfere witll or . impede the effectuati en of tne purposes of thi s oroer: And .provide further, That in the absence of SUCh an exemption a'l facilities shall be covered by tne provisions of tnis order, Subpart e Powers and Duties of the Secretary of Labor and the Contrlcting Agencies SEC. 205. taCh contracting agency shall be primal'i ly responsible for Obtaining compliance with tile rules. I'egulations, and orders of the Secretary of La~or with respect to contrlCts entered into by such a gency or 1 ts contractors. All contracting agencies shall comply with tile rules of the Secretary of labor in diSCharging their primary I'esponsib11ity for securi ng comp 1 i Ince with the provi si ons of contracts and otherwi se with the terlls of thi s order and of the ru 1 es, regulltions. and ol'del's of the Secretary of Labor issuecl pursuant to tllis order. Tiley al'e directed to cooperate witll tile Secretary of I.allor and to fUl'ni sll the Secretal'Y of Labor suCh information and assistance IS he mlY require in the pel'- forllllnce of his functi ons uncleI' thi S order. They are further directed to appoint or designlte. froll allong the agency's personnel. cOllpliance officers. It shall be the duty of such officers to seek cOllpliance with the olljectives of this order lly conference. conciliation. mediation. or persuas~on. SEt. 206. (II The Secretlry of Labor may i nvesti gate the employment practices of any Government contractor or subcontractor, or initiate suCh investigation by the Ippropri ate contracting agency. to deterlline whether or not the contractural provisions specified in section 202 of this order ~ave been viollted. Such investigltion shill be conducted in accordance with the procedures established by the Secretary of I.abor and the investiglting Igency sball I'epol't to tile Secretary of Labor any action taken or recommencled. (b) The Secretary of Labor may recehe InG investigate or cluse to be investi,ated complaints by ellployees or prospective ellployees of I Governllent contractor or subcontl'lctor which alle,e discrillination contrary to the contractual provisions. specified in section 202 of this order. If this investigation is concluded for the Secretlry of Labol' by a contractin, Igency. thlt Igency shall report to the Secretary what Iction has been taken or is recommended with reglrd to such COllpllints. . SEC. 207. The Secretary of ~atlor snall use his best efforts, directly and tnrough contracting agencies. other interested Federal, S~ate, and local agencies, contrac~ors. and all other availatlle instrumenta'ities to cause any labor union engaged in work under Government contracts or. any agency referring workers Dr providing or superviSing apprenticeShip or training for or in ~he course of such work to cooperate in ~he implementation of the purposes of this order. The Secretary of Labor shill. .in Ippropriate cues,' no.~ify the EQual Opportunity Commiss i on the Departmen t of "u st, ce, Dr other appropria te F edera 1 agenc i es whenever it hu r~uo~ to be 1 i eve that the prlctices of any sucn labor organuatlon or agencyviollte Titles VI or VII. of the Civil Rights Act of 1964 or Other provision of Federal law. SEC. 208. I a) The Secretary of Labor, or any agehcy. officer, or employee in the executive brlnCh of the Government clesignated by rule, regul~tion, or. order of the Secretlry; may ho 1 d such heari ngs, pub 11 c or prl VI te. IS the' Secretlry mly deem advislble for complilnce. enforcement, or educltional purposes . (bl The Secretary of Llbor lIay hold. or cause to be held. hearings in accordlnce with subsection (I) of 'this section prior 'to imposing. ordering, or recommending the imposi'tion of penalties and sanctions under 'this order. No order for debarment of Iny contractor frOIl further Goyernment contracts under section 209(1)(61 shill be mlde without affording the contrlctor In opportunity for a helring. Subpa~t D - Sanctions and Penaltjes SEC. 209. (a) In accordlnce with such rules. regulltions. or orders IS the Secretlry of Labor lIay issue or Idopt. the Secretary or the appropriate contrlcting agency lIay: (1) Publish. or cause to be pub 1 ished. the nlmes of cont~actors or uni onl whi ch 1 thIs concluded hlye complied or hive fliled to cOllply with the prOY1S10ns of this order or of tile rules. regulations. and orders of tile Secretary of Llbor. . (2) Recollmend 'to the Department 0 f Justice tlllt, in cases in which ~Ilere is substlntill or material violation or ~Ile threat of substantial or IIlterial violation of tile contractull provisions set forth in section 202 of tllis order. approprilte ,proceedings be brought to enforce tllose provisions. including the enjoining. within the . limitations of app'icab'e law. of organiutions. individua's. or groups whO prev.ent direc:tly or indirect'y, or seek to prevent directly or indirec:tly, c:omp'iance witn tne provisions of this order. IJl Recommend to the EQual Emp'oyment Dpportunity Commission.or the Department. of Justice that appropriate proceedlngs be 1nst1tuted under 11tle VII of the Civil Rights Act of 1964. (41 Recommend to the Departllent of Justice that criminal proceedings be brought for the furniShing of false information to any contracting agency or to the Secretary of ~abor IS the case may be. (5). Cancel. terminate. Suspend, or cause to be cance 11 ed. terml na ted, or suspended any contract, or .any portion or portions thereof. for failure of the contractor or subcontractor to comply with the nondiscrimination provisions of the contract. Contracts may be cance 11 ed, termi nated, or suspended Ibso 1 ute 1 y or conti nuance of contracts lIay be condi ti oned upon a progrlm. for future cOllpliance approved by the contracting Igency. . 161 Provide thlt any contracting agency shall refrain froll enteri ng into further contracts. or extensions or other modifications of existing. contracts. with any noncomplyi ng contractor. until such contractor has sUi sft ed the Secretary of Labor that such contractor has established and will carry out personnel and ellployment policies in cOllpliance with the provisions of this order. (bl Under rules and r..gulations prescribed by the Secretary of Llbor. each conf,racting agency shall- make reasonable efforts within a reasonable time limitation to secure compliance with the con~ract provisions of this order by methocls of conference. conciliation. lIediltion. and persuasion before proceedings shall be instituted under subsection (a)(21 of this section. or before a contract shall be cancelled or terllinated in whole or part under subsection (a)(5) of this section for failure of a contractor or subcontractor to comply with the contract provisions of this order. SEt. 210. Any contracti ng agency taking any acti on authorized by this subpart. whether on its own motion. or as directed by the Secretary of Labor. or under the rules and regulations of the Secretary. shall promptly notify the Secretary of such action. Whenever the Secretary of Labor lIakes a deterllination under this section, he shall prollptly notify the appropriate contracting agency of the action recomllended. The Igency ShIll take such Icti on and shill . 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.), Woods mixer operator (and similar pugmill equipment) 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), rucber,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 compaction units - single en5ine, ove~ 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 A.~ HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A,frame or winch truck operator; Ross carrier operator (jobsite) 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 (Vagthorg 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 1--- GROUP 7: Pedeseal crane operaeor; Shovel, backhoe, dragline, clamshelloperaeor (over 5 cu. yds. mrc); Tower crane repair; Tugger hoise operaeor (3 drum) GROUP B: Crane operaeor (up eo and including 25 eon cap~ciey); Crawler eransporeer operaeor; Derrick barge operaeor (up eo and including 25 eon capaciey); Hoise operaeor, sei!f legs, Guy derrick or similar eype (up eo and including 25 eon capaciey) ; Shovel, backhoe, dragline, clamshell operaeor (over 7 cu. yds. mrc) GROUP 9: Crane operaeor (over 25 tons and up eo and including 50 eons mrc); Derrick barge operaeor (over 25 eons up eo and including 50 eons mrc); Highline cableway operaeor; Hoise operaeor, seiff legs, Guy derrick or similar eype (over 25 eons up eo and including 50 eons mrc); K,crane operaeor; Polar crane operaeor GROUP 10: Crane operator (over 50 tons and up to and including 100 eons mrc); Derrick barge operaeor (over 50 tons up eo and including 100 tons mrc); Hoist operator, seiff legs, Guy derrick or similar eype (over 50 eons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up eo and including 100 eons M,R.C.); Tower crane operator and tower gantry GROUP 11: Crane operaeor (over 100 eons and up eo and including 200 eons mrc); Derrick barge operaeor (over 100 eons up eo and including 200 eons mrc); Hoise operaeor, seiff legs, Guy derrick or similar eype (over 100 eons up to and including 200 eons mrc); Mobile eower crane operaeor (over 100 eons up eo and including 200 eons mrc) GROUP 12: Crane operaeor (over 200 eons up to and including 300 eons mrc); Derrick barge operaeor (over 200 eons up eo and including 300 eons mrc); Hoise operaeor, sei!f legs, Guy derrick or similar eype (over 200 eons, up eo and including 300 eons mrc); Mobile eower crane operaeor (over 200 eons. up eo and including 300 eons mrc) GROUP 13: Crane operaeor (over 300 tons); Derrick barge operaeor (over 300 eons); Helicopeer piloe; Hoise operaeor, seiff legs, Guy derrick or similar eype (over 300 eons); Mobile tower crane operaeor (over 300 eons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel eype up eo 3/4 yd. wiehoue aeeachmene) GROUP 2: Power,driven jumbo form seeeer operaeor GROUP 3: Dinkey locomoeive or moeorperson (up to and including 10 eons) GROUP 4: Bie sharpener; Equipmene greaser (grease eruck); Slip form pump operaeor (power,driven hydraulic lifeing device for concreee forms); Tugger hoist operaeor (1 drum); Tunnel locomoeive operator (over 10 and up to and including 30 eons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doceor; Groueing machine operaeor; Heading shield operaeor; Heavy,duty repairperson; Loader operator (Aehey, Euclid, Sierra and similar eypes); Mucking machine operaeor (1/4 yd., rubber,eired, rail or erack eype); pneumaeic 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 IRONOOOIR 07/01/1998 IRONWORKERS: Fence erector Ornamental, reinforcing and structural FOOTNOTE: 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 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 LAB00002H 07/01/1998 LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 TUNNEL LABORERS: Rates 18.08 Fringes 9.34 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: GROUP 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 roa seeel ana pans; Membrane vapor barrier insealler; Power broom sweeper (small); Riprap seonepaver, placing seone or wee sackea concreee; Roeo scraper ana eiller; Sandblaseer (poe eender); Sepeic eank digger and insealler (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operaeor, Pieesburgh chipper and similar eype brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concreee cueeing eorch; Concreee pile cueeer; Driller, jackhammer, 2-1/2 fe. drill seeel or longer; Dri'pak,ie machine; Gas, oil and/or waeer pipeline wrapper, 6,in. pipe and over, by any meehoa, insiae ana oue; High scaler (incluaing arilling of same); Hyaro seeaer ana similar eype; Impace wrench mulei-plaee; Keeele person, poe person ana workers applying asphale, lay-kola, creosoee, lime causeic ana similar eype maeerials ("applying" means applying, aipping, brushing or hanaling of such maeerials for pipe wrapping ana waeerproofing); Operaeor of pneumaeic, gas, eleceric eools, vibraeing machine, pavemene breaker, air blaseing, come-alongs, ana similar mechanical eools noe separaeely classifiea herein; Pipelayer's backup person, coaeing, groueing, making of joines, sealing, caulking, aiapering ana incluaing rubber gaskee joints, poineing ana any ana all other services; Rock slinger; Roeary scarifier or muleiple heaa concreee chipping scarifier; Seeel heaaerboara ana guiaeline seeter; Tamper, Barko, Wacker and similar eype; Trenching machine, hand'propelled GROUP 4: Asphale raker, lute person, ironer, asphale dump person, and asphale spreader boxes (all types); Concreee core cueeer (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flae work, scoring old or new concreee; Cribber, shorer, lagging, sheeting and erench bracing, hand'guided lagging hammer; Head rock slinger; Laborer, asphale' rubber diseribueor booe person; Laser beam in conneceion wieh laborers' work; Oversize concrete vibraeor operaeor, 70 Ibs. and over; Pipelayer per:orming all services in ehe laying and inseallaeion of pipe from ehe poine of receiving pipe in ehe diech uneil compleeion of operaeion, including any and all forms of eubular maeerial. wheeher pipe, metallic or non'meeallic, conduie and any oeher seaeionary eype of eubular device used for ehe conveying of any subseance or element, wheeher waeer, sewage, solid gas. air. or oeher product whaesoever and wiehoue regard eo ehe naeure of maeerial from which ehe eubular maeerial is fabricaeed: No'joine pipe and stripping of same; Prefabricated manhole insealler; Sandblaseer (nozzle person), waeer blaseing, Porea Shoe,Blase; Welding in conneceion with laborers' work GROUP 5: Blaseer powder, all work of loading holes, placing ana blasting of all powder and explosives of whatever type, regardless of meehod used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, muleiple unit, and any and all other types of mechanical drills wiehoue regard to the form of moeive power; Toxic wasee removal TUNNEL LABORER CLABSIFICATIONS GROUP 1: Baech plane laborer; Bull gang mucker, erack person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (oueside); Swamper (brake person and swiech 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 Sernardino Plasterer cender 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. LAB01184A 07/01/1998 Rates Fringes LABORERS - STRIPING: GROUP 1 GROUP 2 18.36 18.76 7.85 7.85 GROlJP 3 GROlJP 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 GROlJP 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 ---------------------------------------------------------------- PAIN0035A 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 tenant improvement work not included in conjunc~ion wi~h the construction of the building, and all repainting of tenant improvement proj ects All other work 20.15 5.56 23.42 5.56 PAIN0036H 07/01/1997 ---------------------------------------------------------------- DRYWALL FINISHERS: Work on wood frame structures All other work Rates Fringes 18.00 24.06 3,34 5.52 ---------------------------------------------------------------- PAIN0636B 06/01/1998 GLAZIER 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 Rates 24.10 Fringes 6.07 ---------------------------------------------------------------- PLAS0200D 08/06/1997 PLASTE:RER Rates 24.13 Fringes 4.04 ---------------------------------------------------------------- . PLAS0500B 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 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 ll.30 20.3B 11. 30 20.51 ll,30 - FOOTNOTE: Work on a swinging stage, bosun chair, or suspended scaffold, whether swinging or rigid, above or below ground: $0,25 per hour addi tional. ---------------------------------------------------------------- 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.Bl 30.56 2B .31 7,54 7.54 7.54 ---------------------------------------------------------------- PLUM0345A 07/01/199B ~~SCAPE & IRRIGATION FITTER ?a':es 23.23 Fringes 6.BO PLUM0364A 03/09/199B REFRIGERATION & AIR CONDITIONING Rates 24.9B Fringes 6.34 ---------------------------------------------------------------- ROOF0146A 09/01/1994 Rates Fringes ROOFERS lB.7B B.25 ---------------------------------------------------------------- SFCA0669I 04/01/199B 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 09/01/199B Rates Fringes THE NORTHERN PART OF THE CITY OF CHINO; Jl.ND THE CITIES OF MONTCLAIR Jl.ND ONTARIO: SPRINKLER FITTER (FIRE) 28.48 ---------------------------------------------------------------- 9.80 SHEE0102B 09/01/1998 COMMERCIAL SHEET METAL WORKER, Work on all commercial HVAC for creature comfort and computers clean rooms, architectural metals, metal roofing and lagging, over insulation Rates 27,51 F=inges ---------------------------------------------------------------- 9,00 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 Fringes ---------------------------------------------------------------- 12,32 TEAM0011I 07/01/1998 Rates EDWARDS APB, FORT IRWIN, GEORGE APB, MARINE AT NEEO " YERMO, TWENTY-NINE PALMS BASE TRUCK DRIVERS, GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 9 GROUP 10 GROUP 11 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 TRUCK DRIVER CLASSIFICATIONS GROUP 1, Truck driver 21,79 21. 94 22.07 22.26 22.20 22.32 22.57 22.82 23.02 23.32 23.82 19.79 19.94 20.07 20.26 20.20 20.32 20,57 20,82 21. 02 21.32 21,82 Fringes CORPS LOGISTIC BASE 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 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 combina:ion 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, 25 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, :win 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. ....a...........................................==....===_=..=== 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) (l)(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. Washington, 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. 3.1 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 r.fanual PS&E Cbecklist InstructioDs EXHIBIT 12-E AllachmeDI A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL.- The warl.: herein proposed will be financed in whole or in pan with Federal funds, and therefore all of the statutes, rules and felulations promulgated by the Federal Gov- ernment and applicable to work financed in whole or in pan with Federal funds will apply to such work. The "Required Contract Provisions, Federal.Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA." such references shall be construed to mean "Engineer" as de1ined in Section 1.1.18 of the Slandard Specifications. PERFORMANCE OF PREVIOUS COSTRACT.-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 lhe 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 sublening or assigning any ponion of the contract in ex- cess of SID, 000 will be considered under the provisions of Section VB of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON,COLLUSION PROVISION.-The provisions in this section are 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, cenifying that such person. finn. associ:ation, or corporation has not, either directly or indirectly, entered into any agreement. panicipated in any collusion, or otherwise tak.en any action in restraint of free competitive bidding in connection with thc submillcd bid. A form to male the non- collusion affidavit statement required by Section 112 as a cenification under penalty of perjury rather than as a sworn statement as pcnnined by 28, USC, Sec. 17~6, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING-Part 23. Title 49. Code of Federal Reg:ulations :applies to this Federal-aid project. Peninent sections of s3id Code 3re incorporated in pan or in its entirety within other sections of these specl3! prO\.i~ions. Schedule B-lnformation for Determining Joint Venture Eli- gibility (This form need not be filled in if all joint venlure finns are minority owned.) I. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The MBE partner must complete Schedule A.) a. Describe the role of the MBE finn in the joint venture. b. Describe very briefly the experience and business qua1ifications of each non..MBE joint venturer: _ S. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement 7. What is the claimed percentage of MBE ownership? _ 8. Ownership of joint venture: (This need not be filled in if described in the joint \,enture agreement. provided by question 6.). Reviled 3-95 01..07_95 FR-1 Page lJ-63 Februa,:\, I, 1998 EXHIBIT 12,E Attachment A Local Assistance Procedures MaDual PS&E Checkli.tln.truction. ..._....~...._....._...._....._..._...._.....-....__.-....----.....-....-....-.....---.- N3l1lc 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 are rnponsiblc: for day~to.day manasement and policy decision making, including, but not limited to, those with prime responsibility for: e. Financial decisions b. Management decisions. such as: 1. Estimating 2. Mark.eting and sales 3. Hiring and firing of management persoMcl 4. Purc:hasing of major items or supplies c. SupervisioD of field operations Note.-If;. after filing this Schedule 8 and before the completion of the joint venture's work on the contntct covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the gntntee, either directly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements arc correct and include all material information necessarv 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 therefor and any proposed changes in any of the joint venture alTBngements and to permit the audit and examination of the books, records and files of the joinl venture. or those of each joint \'enturer relevant to the joint venture. by authorized represent:l1,ives of the grantee or the Federal funding agency. Any materi.l misrepresentation will be grounds for termmaling any contract which may be awarded and for initiating action under Federal or State laws concernin. false statements.. ReyiMd 3-9S OI.o7.9S FR-Z ..._....~..........._...._.....-...._...._.....~...._.....--..-....-.....-.-.-....--...---... Signature Signature ...-..--.............................-....-...........-.....-....-................-.........--.- Nanle Name ..._.........._.................._......_..~.....-...._.....~....~...........~...._...._.....- Title Title ...-....-....-.....o;i-;....-....--..-..........-....-................0;'1;....-.....-..-.. Date State of County of On this _ day of appeared (Name) .19 _' before me to me personally I.:.no\\'n, who, being duly sworn, did execute the forelOiD& affidavit, and did state thai he or she was properly authorized by (Name of linn) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] Date State of Counly of On this _ day of appeared (Name) , 19 _t before me to me personally k.nown. who, being duly sworn, did execute the foregoin. affidavit. and did state that he or she was properly authorized by (Name of linn) _ to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] Page 12-64 February I, 1998 Loal AssistaDce Procedures Manual PS&E Checklist Instructions EXHIBIT D-E All.chmen! 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 Nonsegregaled FlIOiJities ............................................... S Payment of Predetermined Mmimum Wage ..."......". 6 Statements and Payrolls ................................................. g Record of Materials. Supplies. and Labor ................. 9 Sublettin8 or Assi8ning the Contract ....................... 9 Safety: Accident Prevention ........................................ 10 False Statements Concerning Highway Project....... 10 Implementation of Clean Air Act and Federal Water Pollution Control AeL.................................................... 10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion .................... 11 Certification 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 all work pcra formed on the contract by the contractor's own orsanization and with the assistance of workers under the contractor's ima 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 CODa tractor shall insert in each subcontract all of the stipulations l:ontained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in tum be made. The Required Contract Provisions shall not be incorporated b)' 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 orany of the stipulations contained in these Re.. quircd Contract Provisions shall be sufIil:ient grounds for tcrmination of tbe contract. 4. A breal:b of the following clauses oftbe Required Contral:t Provisions may also be grounds for deb:mnent as pro\'ided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1.2.3.4. and 7; Sel:tion V, paragraphs 1 and 2a through 2g. S. Disputes arising out of the labor standards provisions of Section IV (exl:ept paragraph 5) and Section V of these Required Conlnlct Provisions shall not be subject to the general disputes clause of tbis contract. Sucb disputes sball be resolved in accordance with the procedures of the U.S. De. panmen. of Labor (DOL) as set fonh in 29 CFR 5. 6. and 7. Disputes within the meanins of this clause include dispules between the conlral:tor (or an~' of its subcontractors) and the contracting agency, the DOL, or the contral:tor's employees or their represenl3tives. 6. Selection of Labor: Dunns the performance of this conUal:t, the contractor shaIl nol: a. discriminate against labor from any other State, possesa sian, or territory of Ihe United Stales (except for employment preference for Appalachian contracts, when applic:able, as specified in Anachment A). or b. employ convict labor for any purpose witbin the limits of the project unless it is Jabor performed by convicts who are on parole, supervised release. or probation. II. NONDISCRIMINATION (Applicable to all FederaJ..aid construl:tion contnlct. and 10 all related subcontracts ofSl0,ooo or more.) 1. Equal Emplo)1nent Opportwtity: Equal employment opponunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opponunity as set fonh under laws, executive ordel'3. rules, regulations (28 CFR 35. 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions presl:ribed herein. and im. posed pursuant to 23 U.S.C. 140 shall eonstitutcthe EEO and spcl:ific affirmative "tion standards (or the contractor's project activities UDder this contract. The Equal Opportunity Construction Contract Spcl:ifil:8tions set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities A.t of 1990 (42 V.S.C. 12101 et seq.) set fonh onder 2g CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. Jn the execution of this contract. tbe contral:tor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State hiJhway agency (SHA) and the Federal Government in canymg out EEO obligations and in their re\'iew of his/her activities under the contract. b. The l:ontractor will accept as his operating polil:Y the following statement: "It is the policy of this Company to assure that applicalJls are employed, and thaI employees an Irealed during employa me"" without regard to their race, religion, $ez, color, no. tiollalorigin, age or disability. Such action shall inclutk: employment, upgrading, demo/ion, or transfer: recruitment or recruitment advertising: layoff orterminalion: rates of pay or other 10nlls 0/ compellsatioll; alld selection/or training, ina eluding apprenlice$!zip, preappnnticeship. and/or on.theaj'ob 'raining. . 2. EEO OfficC'r: The contractor will designate and make known 10 the SHA contracting offi.ers an EEO Officer wbo will have the responsibility for and must be capable ofeffcdively FR,3 FOI1II 1273 - ....,iMd 3-95 01.07.95 Page I2-6S Februal)' I, 1998 EXHIBIT 12,E Attachment B Local AssistaDce Procedures Manual PS&E Checkli.llnstruclioD' administering and promoting an active contractor program of EEO and who must be assigned adequate autbont)' and responsibility to do so. 3. Di.uminadon of Polic)': AU members of.he contractor's staff' who ~ .uthoriz~ 10 hire. supervise, promote. and disch_rae employees, or who recommend such action, or who are substantially involved in such 8elion. will be made fully cognizant of. Ind will implement. the contractor's EEO policy and c:ontractual responsibiJities to provide EEO in each Bradt and clusification of employment. To ensure that the above agreement will be met. the following actions will be taken as a minimum: .0 Periodic meetings of supervisory and personnel o1Iice employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EED Officer. b. All new supervisory or personnel office employees will be ,iven 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 are 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. Recruitment: \Vhen advertising for empJoyees, the contractor will include in all adveniscments (or employees the notation: "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 eontractor will. unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to )field qualified minority group applicants. To meet this re- qUirement, the contractor will identify sources of potential miDority ,roup employees, and establish with such identified sources procedures whereby minority sroup applicants may be referred to the contraclor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring h:1I1 referrals. he is expected to observe the provisions ofthatagreemenllo the exteat that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of diKriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Ex- ecutive Order 11246, as amended.) FOI1II1273-RcviHd3-515 01.07.95 c. The conlractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with ~gard to referring mioorily group applicants will be discussed wirh employees. S. Penonnd Actions: Wages. working conditions, and emplo)'ee benefits shall be established and administered, and personnel actions of e\'el')' t)'pe, including hirins, up,radins, promotion, transfer, demotion. layoff, and terminatioD, shall be taken without regard to race, color, reliBion, sex. national origin, age or disability. The followina procedures shall be followed: a. The contractor will conduct periodic inspections of pro- ject siles to ensure that working conditions and employee fa- cilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically enluate the spread of wages paid within each classification to determine any evi- dence of discriminatory wage praClices. c. The contractor ""..ill periodically rc\'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 all affected persons. d. The contractor will promptly investigate aU complaints of alleged discrimination made to the contractor in CODnec- tion with his oblisltiollS under this contract, willlnempl to resolve such complaints, and will take appropriate cOrTCctive 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 o( aU of his avenues ofappc:a1. 6. Training and Promotion: a. The contractor will assist in locating, qualifyinS, and increasing the skills of minority group and women employ- ees, and applicants for employment. b. Consistent with the contractor's work force require- ments &ad as permissible under Federal and State reaulations, the contractor shall make full use of training programs, i.e.. apPJ'Cnticeship, and on-the-job training prosrams for the Ie- ographical area of contract performance. Where feasible. 25 percent of apprentices or trainees in each occupation shall be In 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 indica led in the spe_ cial provision. c. The contractor will ad\'isc employees and applicants for employment of available training programs and entrance re- quirements for each. d. The contractor will periodically review the trainins and promotion p:lteDtiaJ of mmority Sroup and women employees aDd will encourage eligible employees to apply for such training Ind promolion. FR-4 Page 12-66 February I, 1998 Local Assistance Procedures 1ttaDul1I PS&E Checklist Instructions EXHffiIT 12-E A1l3chment B 7. Unions: If the contractor relies in whole Dr in part upon unions u a source of employees. Ihe contractor will use his/her best effons to obtain the cooperation of such unions to increase opportunities Cor minority groups and women within the unions, and to effect reCerrals by such unions oC minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set fonh below: e. The contractor will use best effons to develop, in coop- eration with the unions, joint trainins proglilms aimed toward qualifying more minority group members and women for membership in the unions and increasing the sL:.ills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best eCforts to incorporate an EEO clause into each union asreement 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 DC tbe labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so cenify to the SHA and shall set fonh what effons have been made to obtain such information. d. In the event the union is unable to provide the contmc.. 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 effons, fill the employment \'acancies without regard to race. color. religion. sex, national origin, age or disability; making full efforts to obtain qualified andlor qualifiable mi- nority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining a,reement providing for exclusive referral failed to refer minonty employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executi\'e Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors. Procurement of Materials and Leuine of Equipment: 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 (DSE), as defined in 49 CFR 23. shall have equal opponunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to soJicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shan obtain lists ofOBE 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 Reports: 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 shall 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: (l)Thc number of minority and non-minority sroup members Dnd women employed in each worL:. classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment op.- portunities for minorities and women; (3) The progress and efforts being made in locating, hir.. ing, training. qualifyinS, and upgrading minority and fe- maJe employees; and (4) The progress and effons heinS made in sccurins the services of DBE subcontractors or subcoDtrllCton with meaningful minority and Cemale 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 employees currently engaged in each worL:. classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III NONSEGREGATED FACILITIES (Applicable to all Federal..aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchasc ortier, as appropriate. the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor. as appropriate, cenifies that the firm docs not maintain or provide for its employees any seareaated facilities at any of iu establishments. and that the firm does not permit its employees to perform their services at any location. under its control, where sesregated facilities an: maintained. The firm agrees that a breach of this cenification is a violation oflhe EEO provisions of this contract. The firm funher certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this cenification. the term "scgregated facili.. ties" means any waiting rooms, worL: areas, restrooms and washrooms, restaurants and other eating areas, time clocks. locker rooms, and other storage or dressing areas, parkins lots. drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive. or are, in fact. sea.. regated on the basis of race, color. religion, national origin. a@e or disability, because of habit. local custom, or otherwise. The only exception will be for tbe disabled when the demands for accessibility override (e.g. disabled parting). FR-S Form 1:73 - RcviMd 3-9S 01.(17..,5 Page 12-67 February I. I!I98 EXHIBIT 12-E AUathment B Local Assistance Procedures Manual PS&E ChetklistlnSlruetions 2. Classification: c. The contractor Bgrees that it has obtained or ""ill obtain identical cenific:ation from proposed subcontractors or mate- rial suppliers prior to award of subcontracts or consummation of material supply agreements of S I 0.000 or more and thaI it will retain such certifications in its files. IV. PAYMEJIoT OF PREDETER.\II.'(ED MIJI>IMlJM WAGE (Applicable 10.11 Federal-aid construction contracts exceed- ins $2,000 and to aU related subcontracts, except for projects located on roadways classified as local roads or rural minor col- lectors. which arc exempt.) I. G....ral: a. All 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 arc permined by regulations (29 CFR 3)] issued by the Secretary of Labor und.r the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, The payment shaH be computed at wage rates not less than those coni3ined in the wage determination of the Secretary of Labor (hereinafter "the wage determination") whic:h is attached her:eto 8I!-d mad~ a pan hereof: tegardless of any c:onttaC'tual rc. lallonshlp which may be alleged to eKist between the contractor or its subcontractors and such laborers and mechanics. The Wlge determination (inc:luding any additional classifications and wage rates conformed under parasraph 2 of this Section IV and the DOL poster (WH. 1321) or Form FHWA-1495) shall be post.d at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(bX2) oftbe Davis-Bacon Act (40 V.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not Jess often than quarterly) under plans, funds, or programs, which cover th~ panicular weekly period, are deemed to be constructively made or incurred during such weekly period, Such laborers and mechanics shall be paid the appropriate wage rat~ and. fringe benefits on the wage detemllnation for the classification of worl.: actually performed, without regard to skill, except as provided in paragraphs 4 and S of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rale specified for each. classificalion for the time actually worked therein. prOVided, that the employer's p3yroll records accuratel\' set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR J 3 and S are herein incorporated by reference in this conl1aci. ' Form 1273 - Reviled 3.95 01-07.95 a. The SHA contractinB- officer shall require th:u anv class of laborers or mechanics employed under the contract, - which is not Iisled in the wage determination. shall be classified in conformance with the ""ase detenninatioD. b. The contracting officer shaJl approve an additional classification, wage rale and frinse benefits only when the following criteria have been met: (J) the work 10 be performed b)"' 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 wase tl!e, including any bona fide fnnge benefits. bears a reasonable relationship 10 the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the wort is performed. c. If the contractor or subcontractors, as appropriate, tbe laborers and mechanics (if known) to be employed in the addi~ional classification or their represenmti\'es. and the con- tractmg officer agree on the classification and wale rate (including the amount designated (or fringe benefits where appropriate), a report of the action taken shall be sent by the contracting .o~.cer to the DOL. Administrator of the Wage and Hour DIVISion, Employment Standards Administration. Washington. D.C. 20210. Th. Wag. and Hour Adm,inistrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additionaJaime is necessary. .d. In the event the contraetor or subcontractors, as appro- pnate, the laborers or mechanics to be employed in the addi.. tional classification or their representatives, and the con- tracting officer do not a,ree on the proposed classification and wage rate (includins the amount designated for frin8e benefits, where appropriate), the contracting officer shall refer the questions, includin8 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 determination within 30 days of receipt and so advise the c~nt~acting officer or will notify the contracting officer wlthlD the 30.day period Ihat additional time is necessary e. The w~ge rate (including fringe benefits where appropri- ate) detemuned pursuant 10 paragraph 2c or 2d of this Section IV sh.:l.lI be paid to all workers performing work in the addi- tional classification from the first day on \\'hi~h \\'ork is per- formed in the classification 3. Payment or Frince Benefits: a, Whenever the minimum wase rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contrac- tor or subcontractors. as appropriate, shall either pay the ben.fit FR-6 Page 12-68 Februa,,' I, 1998 Local Assistance Procedures J\.lanual PS&E Cbeckli.tln.truclion. EXHffilT 12-E AUachment B .5 slated in the wage determination or shall pay another bona fide fringe benefit or an hourly ease cqui\'Blent thereof. b. ICthe contractor or subcontractor, &S appropriate, does not make payments to a trustee or other third person, heishe may consider as a pan of the waJes of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or progrum, provided, that the Secretary of Labor has found. upon the written request of the contractor, that the applicable standards of the D8vis--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 pl3n or program. 4. Apprentices and Train... {programs of the U.S. DOL) and Helper" .. Apprentices: (1) Apprentices will be permined to work at less than the predetermined rate for the work the)' performed when they arc employed pursu:tnt 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 first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who bas been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropri. ate) t.o be eligible for probationary employment as an ap. prenbce. (2) The allowable ratio of apprentices to journeyman. level employees on the job site in any craft classification shall not be greaterthan the ratio permitted to the contrac. tor as to the entire work force under the resistered program. Any employee listed on a payroll at an apprentice wage rate, who is not refistered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wa~e determination for the classific:ation of work actually performed. In addition, any apprentice per. forming worl.:: 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. \Vhere a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, ~he ratios and wage rates (expressed in percentages of the Journeyman-level hourly rate) specified in the contractor's or subcont",c:tor's regislered program shall be observed. (3) Every apprent~c:e must be paid at not less than the rate specified in the registered prog.ram for the apprentice's level of progress, expressed as a percentage of the jour. neyman.level hourly rate specified in the applic:able wage determinalion. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship pro. gram. If the apprenticeship program docs not specify fringe benefits, apprentices must be paid the full Amount offonge benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Divisiorl determines lb:lI a different practice prevails for the applicable apprentice classification. Crinses shall be paid in accordance with that determination. (4) In the e\'ent the BurClu of Apprenticeship and Train. ing, or a ~tate apprenticeship agency recognized by the Bureau. WJthdraws approval of an apprenticeship program, the contraclor or subconlractor will no 10nJer be permitted to utilize apprentices at less than the applicable predeter- mined rale for the comparable work performed bv Raular employees unlll an acceptable program is approved. b. Tl1linees: (1) 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~ p:crformed u~lcss the~' arc employed pursuant to and indiVIdually registered In a prog.ram which has received prior approval, evidenced by formal certification by the DOL, Employment and Tninina Administration. (2) The ratio of trainees to joumeyman..level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Trainina Adminis. tration. Any employee listed on the payroll at . trainee rate who is not registcred and panicipating in a training pla~ approved by ~he Employment and Trainina Adminis. trallon shall be paid not less than the applicablc wale rate on tbe wage determination for the classification of work ac. tually performed. In addition, any trainee performing work. on the job site in exccss of the ratio permined under the registered pro@ram shall be paid not less than the applica. ble wage r.lte on the wage determination for tbe work actu. ally performed. (3) Ever)' trainee must be paid at not less tban the rate specified in the approved prognun for biSlber level of progress, expressed as a pcrcenlage of tbe jounte)1IIan.level hourly rate specified in the applicable wale determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program docs nOI mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wase delermination unless the Administrator ofthe Wage Ind Hour Division determines that there is an apprenticeship program assor;iated with the correspondioa journeyman.. level wage rale on the wage delennination which provides for less than full frinse benefits for apprentices. In which case such tr.linees shall receive the same frinse benefits as apprentices. (4) In the event the Employment and Trainins Admini. tration withdraws approval of a training proaf8m, the con. tractor or subcontractor will no longcr be permitted to uti- Jize trainees at less than the applicable predetermined rate for Ibe work performed until an acceptable program is ap- proved. c. Helpers: Helpers will be permitted to work on a projec:t if the helper classific;:ation is specified and defined on the applicable wage determinAtion or is approved pursuant to the conformance procedure set fanh in Section IV,2. Any worker listed on a payroll at a helper wage rate, who is not I helper under an approved definition, shall be paid not less t~:an. the. applicable . wage rate on the w:a,e dctermlDauon lor the claSSification of wort actually perfonned. FR.' Form 1~73 - Rev_Md 3-9$ ~..o7.9S Palle 12-69 Februory I, 1m EXBmlT 12,E Attachment B Local Assistance Procedures MaDu:a1 PS&E Checklist Instructions 5. Apprentices and Trainrn (programs or the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been cenified by the Secre- tary ofTr.ns~n.tion as pro~oting EEO in conncctio~ with Fcdcral.aid highway construction programs arc nol subject to the requirements of pIlrasraph 4 of this Section IV. The straisht time hourly wase 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 the particular prognun. 6. WithholdinC: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or c&u~ 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 neceS5aI')' to pay laborers and mechanics. including apprentices. Itainees, and helpcn, employed by the tontractor or any subcontraclor 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 worL:. all or part of the wages required by the contrac~ the SHA contracting officer may, after wriuen notice to tbe contraclor, take such action as may be necessary to cluse the suspension of any further payment,. advance, or g~arantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any pan of the contract work: which may require or involve the emplo)'ment of laborers, mechanics, watchmen, or guards (including appren- tices. trainees. and helpers described in paragraphs 4 and S above) shall require or permit any laborer, mechanic, walchman. or guard in any worlcweek: in which helshe is employed on such work. to work: in excess of 40 hours in such workweek unless such Jaborer, 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; Liquidaled Damages: In the event of any violation of the clause set forth in parap:raph 7 above. the contraclor and any subcontractor responsible thereof shall be liable to the affected employee for hislher unpaid wages. In addition. such contraclor and subcontraclor shall be liable to the Uniled States (in the case of work done under contract for the Districl of Columbia or a lerrilory, to such Districl or to such lerrilory) for Iiquidaled dam3ges. Such liquidated damages shall be com pUled with respect to each individuallaborcr. mechanic, walchman. or guard employed in violation of the clause sel forth in paragraph 7. in the sum of $10 for eacb ealeDdar day on which such employee was required or pennined to work: in excess of the standard work weeL: of 40 hours withoul paymenl of the overtime wases required by Ihe clause set forth in paragraph 7. form 127.1 - Reviaed )-95 01..07-95 9. \\'ithholding for Unpaid "'aees and Uquidaled Damagrs: The SHA shall upon its own action or upon wriuen request of an)' authorized represcnlati\'e of the DOL wilhhold, or cause to be wilhheld, from any moneys payable on account of work: performed by the conlraclor or subcontractor under any such contracl or an)' other Federal contract with the same prime contractor. or any other federally-assisted contract subjecl 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 10 salisfy any liabilities of such contraclor or subcontraclor for unpaid wages and liquidated damases as provided in the clause sel fonh in paragraph 8 above. V. STATEMEfI"TSA!\"DPAYROLLS (Applicable to all Federal.aid construction contraCls exceed- ing 52,000 and to all related subcontracts. except for projects 1000led on roadways classified as local roads or rural collectors, which arc exempt.) I. Compliance with Copeland Roculalions (29 crn 3): The contractor shall comply with Ihe Copeland Regulations of the Secretary of Labor which are herein incorporated by refer- ence. 2. PayroUs and Payroll Rrcords: a. Payrolls and basic records relaling therelo shall be maintained by the conlractor and each subconlractor during the course of the work and preserved for a period of 3 years from the dale of completion of the contract for aU laborers, mechanics, apprenlices. trainees. walchmen. helpers, and guards working at the site of the work. b. The payroll records shall contain the name. social secu- rity number. and address of each such employee; his or her correct classificalion; hourly rates of wages paid (including rales of conlributions or COSls anticipated for bona fide fringe benefils or cash equivalenl thereof the types described in Sec- tion 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of houn work:ed; deductions made; and actual wages paid. In addition. for Appalachian tonlracts, the payroll records shall contain a notalion indicaling whether the em- ployee does. or does not,. normally reside in the labor area as defined in Altachmenl A. paragraph 1. Whenever the Secre- tary of Labor. pursuant to Seclion IV, paragraph 3b, has found that the wages oraoy laborer or mechanic include the amount of any cosls reasonably anlicipated in providing benefits un- der a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the tontractor and each subconlractor shall maintain records which sbow that the commitment to provide such benefits is enforceable, that the plan or program is finan- cially responsible, thai the plan or program has been commu- nicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in pro- viding benefits, Contrlclors or subconlractors employing apprentices or trainces undcr approvcd prosrams shall maintain written evidence of the fCgistralion of apprentices and trainees, and n1tios and wage rales prescribed in the ap- plicable programs. FR-8 Page 12,70 February I, 1998 Local Assistance Procedures MaDual PS&E Check lis I Instruclions 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 wases paid each of its employ- ees (includina apprentices. trainees, and helpen. described in Section IV. paragraphs 4 and 5. and watchmen and guards en- .aled on work durina tbe preceding weeL:ly payroll period). The payroll submined shaH set oul accurately and completely all of the information required to be maintained under para. 81'11ph 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 Superinten- den' o{ Documents (Federal stock number 029-005-0014-1). U.S. Government Printing Office. Washington, D.C. 20402. The prime contractor is responsible for lhe submission of copies of payrolls by .11 subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub. conUactor or his/her agent who pays or supervises the pay- ment of the persons employed under the contract aDd shall <trtily the (allowing: (1) that the payroll {or the payroll period eonlains the information required to be maintained under paragraph 2b of this Section V and that such inform.ation 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 have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth 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 incorpo- rated into the contract. e. The weekly submission of a properly executed certifica- tion set forth on the reverse 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 Ii U.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 inspection. copying. or transcription by authorized representatives of the SHA, the FHW A. or the DOL. and sball permit 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 avaiJable, the SHA. the FHWA. the DOL. or all nlay. after wrinen 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 \'1. RECORD OF MATERIALS, SUPPLIES, AND LABOR I. On all Federal..aid contracu on the National Highwar Sys- tem, except those which provide solely for the installation of protective devices at railroad srade crossings, those which ue constructed on a force accounl or direct labor basis. highway beautification conlracts, and contracts for which the total final construction cost for roadway and bridae is less than $1.000,000 (23 CFR 635) the eonlraClor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47. "Statement ofMateri- als and Labor Used by Contractor of Highway Construction Involving federal Funds," prior 10 the commencement of work under this contract b. Maintain. record of the total cost of an materials and supplies purchased for and incorporated in the wor~ 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 SMA resident ensineer on Form FHWA-47 together with tbe data required in pari graph I b relative to materials and supplies, a final labor summary of III contract wort indicatin, the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate repons for the contractor and for each subcontract shaJl be submitted. \'IL SUBLEITING OR ASSIGNING THE CON, TRACT I. The contractor shall perform with its own ol'lanizatioD contract work amountin, to not less than 30 percent (or a grealer percentage if speCified elsewhere in the contract) ofthe total original contract price, excluding any specially items de... ignated by the Slate. 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 tbe prime coa.. tractor and equipment owned or rented by the prime COntrac- tor. with or without operaton. Such term does not iac::lude employees or equipment of a subcontractor, assisnee. or ascot of the prime contractor. b. "Specialty hems" shall be construed to be limited 10 work that requires highly specialized knowledge, abilities, or equipmenl 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 hmitcd to minor components of the overall contl'1lcl. FR-9 Form 1273 - a..iMd ,.,s 01..07.95 Pago 12-71 Fehruary 1, 1998 EXHIBIT 12,E Attachment B Lotal AssistaDce Procedures Manual PS&E Checkli.lln.truction. 2. The contract amount upon which the requiremcnu set Conh in paragraph 1 of Section VII is computed includes the I:osl of material and manufactured products which are 10 be purchasw or produced by the contractor under the contract provisions. 3. The contractor shall Curnish (a) a competent superintendent or luper/isor who is employed by the firm. has full authority to direct performance oelbe work in accordance with the contract requirements. and is in charge of .n construction operations (regardless oCwho performs the work) and (b) luch other of ill own organiutional resources (supervision. man_sement. and engineering services) as the SHA contracting officer determines is neecssary to assure the performance of the conlnlct. 4. No portion of the contract shall be sublet. .ssianed or otherwise disposed of except with the written consent of the SHA contractine 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. Written consent will be given only afler the SHA has assured that each subcontract is evidenced in writing and that it contains an pcninent provisions and requirements of the prime contract. VIIL SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal. State. and local law. gov- erning safety, health, and sanilalion (23 CFR 635). The con- tractor shall provide all safeauards, safety 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 life 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 sulxontract" which the contractor enters into pur.. suant to this contract" that the contractor and any subcontractor shall not permit any employee. in performance of the contract, to work in surroundings or under conditions which arc unsani- tary. hazardous or dangerous to his/her health or safety, IS de.. termined under construction safety and health standards (29 CFR (926) promulgated by the SCC:rctaJy 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. shall have right of entry to any site of contract perfor- mance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Houn and Safety Standards Acl (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGH- WAY PROJECfS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high deBree of reliability on statements and representations made by ensineen, contractors. suppliers. and worken on Federal..aid hiahway projects, it is essenti.1 that all persons concerned with the project perform their functions IS carefully, thoroughly, and honestly as possible. Willful fa.Jsific:ation. distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any Form 1273 - R.niKd ),95 08.07.95 misunderstanding regarding the seriousness of these and similar acts, the following notice shaJJ be posted on each Federal-lid highway project (23 CFR 635) in one or mo", places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECfS 18 U.S.C. 1020 read. as follows: Thone,. being an offic~". agent. or employee oflhe Unlled Slalu. or any S,ate or Territory, or whoever, whether Q person, assoc;olion. firm, or corporollon, kno....ingly mokes any false SIOIt!mCnI. false represenlallon, Or false npor, as /0 ,he charocter, quality, quam!"" or cast oflhe malerial used or 10 be rued. or Ihe qualllily or quality oflhe worl.: performed or 10 be performed. or Ihe cost/hereof in connection with Ihe submission of plans. maps. specifica/ians. ~on/raclS. or ~osls of cDnslruclion on ony highway or related proje~t submilled for approva/lo Ihe Secretary of Transportation: or Whcwver knowingly makes any false statement. false repre- sentatioll. false repart or foIst claim wilh TUfHct to the character. quality, quantity, or ~ost of any work performed or to be performed. or nraterialsfumished or to be fumishtd. In connection with the construction of any highway or related project approved by Ihe Secretary a/Transporlation; or 1f'hDe\Jer knowingly makes any false Slalement or false representation as to maleriallact in any statement, ctrtl/i. cate, or reporl submilled purSuanllO provisions oflhe Fed. eral,aidRaadsAclappravedJuly /. /9/6, (J9S1al. J:J:JJ, a. amended and supplemented; Shall beflned nol mort thaI S10,OOO or imprisoned not mon Ihan j years or bolh. " X. IMPLEMENTATION OF CLEAN AIR ACf AND FEDERAL WATER POLLUTION CONTROL ACf (Applicable to all Federal-aid conslruction contracts and to all ",Iated subcontracts of$loo.ooO or mo",.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder. Federal.aid con.. struction contraclor. or subcontraclor, as appropriale. will be deemed to have stipulaled as follows: 1. That any facility thai is or will be utilized in the perfor- mance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U .S.C. 1857 et seq.. as amended by Pub. L. 91-604). and under Ihe Federal Water Pollution Control Ac~ as amended (33 U.S.C. 1251 el scq.. as amended by Pub. L. 92..500), Executive Order 11738. and regulations in im- plementation thereof (40 CFR IS) is not lisled. on the date of contract award, on the U.S. Environmental Protection Alency (EPA) List of Violating Facilities pursuanllo 40 CFR 15.20. 2. That the firm aanello comply and remain in compliance with all the requirements ofSeclion 114 ofthe Clean Air Act and Section 308 of the Federal Water Pollution Control Act and.U regulalions and guidelines JiSled thereunder. 3. That the linn shall promp~y notify the SHA of the ",ccipt of any communicalion from the Director, Office of Federal Ac... tivities. EPA. indicating that a facility thot is or will be utilized FR.IO Page 12-72 February I, 1998 Local Assistance Procedures Manual PS&E Checklist Instructions EXHmrr 12,E Attacbment B for the contract is under consideration to be listed on the EPA List of Violating Fac:ilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in .every nonexempt subcontract. and further agrees to lake such action as the BOycmmcnt may direct as a means of enforcing such re- quirements. XL CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Cntificarion . Primal')' Covered Tnns.ctiam: (Applicable 10 all Federal-aid contracts - 49 CFR 29) s. By signing and subminin, this proposal, the prospec- tive pnmary participant is provldins the certification set out below. b. The inability of I person to provide the conifie.tion set out below will not necessarily result in deniaJ of panic.. i~tion in this covered transaction. The prospective ~.. tlcipant shall submit an explanation of why It cannot proVide the cenification set out below. The certification or explanation will be considered in connection with the de.. partment or agency's determination whether to enter into this transaction. However, fajJu~ of the prospective primary paniciJ:!&nt to furnisb a certification or a~ ~xp,lanati.on sha.1I disqualify such a person from partiCipation In thiS transaction. c. The certification iD this clause is a material reprcseDta.. tion of Cact upon which reliance was placed when the depart.. ment or agency determined to enter into this transaction. If it is later determiDed tbat tbe prospective primary participaDt knowingly rcndeRd aD erroneous certification, iD 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 notice to the department or agency to whom this pr:oposal is submitted if any time the prospective primary participant learns that its eertlfication was erroneous when submitted or has become erroneous by reason of ehanged circumstances. c. The terms "covered transaction." "debamd." "suspended," "inelisiblc." "lower tier ~vcrcd transaction," "participant," "penon," "prinwuy eovered transaction," "principal." "proposal," IIIld "voluntarily excluded," as used in this clause. have the meaninl's set out in the DefiDitions aDd Coverage sections of rules Implementing Executive Order 12549. You may eontsct the department or agency to which this proposal is lubmitted for assistance in obtaining a copy of those regulations. f. The prospective primary partieipant agrees by submittina this proposal tbat, should the proposed covered transaction be entered into, it shall not knOWingly enter into any lower tier covered transaction with a person who is debarred. suspended. declared ineligible, or voluntarily exeluded from participation in this covered transaction. unless authorized by the department or agency entering into this transactioD. g. The prospective primary participant further agrecs, by lubmittins this proposal that it will include t~e cia UK. tl.tl~d "Certification Regarding Debarment, SuspensIon. Inellglbll. ity and V oluntar)" Exclusion..Lower Tier Covered Traauc. tion." provided b)' the department or aleaey enterina into this covered transaction. without modification. in aU lower tier covered tnlDSlctions and in all solicitatioas for lower tier covered transactions. b. A participant in a covered transaction may rely upon a eenificalion of a prospective participant in a lower tier eov. ered transaction that is not debarred. luspended, ineli8ible. or voluntaril)' excluded from the covered transaction. unJess it knows that the certification is erroneous. A partieipant may decide the method and frequency by which it detenniaes the eli.ibility or its principals. Each partici....t may. but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocuremenl Pro.rams" (Nonprocurcment List) which is compiled by the General Sen-ices Administration. i. Nothing eontained in the foregoing shall be construed to require establishment of a system of records in order to render in good faitb the eertification required by thil clause. The knowledge and information of participant is not required to exceed thai which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under parl8raph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a penon who is suspended. debarred, ineJieible, or voluntarily excluded from panicipation in this transaction. in addition to otber remedies available to the Federal Government. the de.. partment or agency may terminate this trausaetion for cause or default. . . . . . Certification Reglrding Debarment, Suspension, Ineligibility and Voluntary EJ.clusion--Primary eo,.ereel Transactions I. The prospective primary participant cenines to the best of its knowledge and belief. thai it and its principals: a. Are not presently debarred, suspended, proposed ror debarment, declared ineligible, or voluntanly exeluded from covered transaetions by any Federal department or agency~ b. Have not within a 3.yCll" period prec:cding this proposal been convicted of or had a eivil judgment ren.. dered against them for commission of fraud or a criminal offense in connection with oblaining. attempting to obtain, or performing a public (Federal, State or loeal) transaction or contraet under a public transaction; violation of Federal or State antitrust statules or commission of embezzlement. theft, forgery, bribery, falsification or destruction of records. maL:.ing false statements, or receiviDg stolen property; c. Arc not presently indicted for or otherwise criminally or civilly cbarged br a governmental entity (Federal. State or local) with eommlssion of any of the offenses enumerated in paragraph I b of this certifieation; and FR-1I Form 1273 - R.eviMd).9S Ga-()?9S Pall< 12-73 February I. 1998 EXBlBIT 12,E AUachment B Loal Assistance Procedures ManuaJ PS&E Checklist Instructions d. Have not within a 3ayear period preceding this ap.- plication/proposal had one or more public transactions (Federal. State or local) tcnninatcd for cause or debult. 2. Where the rrospective primary panicipant is unable to cenify to any 0 the statements in this certification. such prospective participant shall attach an explanation to Ihis proposal. . . . . . 2. Instructions lor Cutificltion - Lo~.tr TIn Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions ofS25,ooo or more.. 49 CFR 29) s. By signing and submitting this proposal. the prospec- tive lower ticr is providing the certification set out below. b. The cenification in tbis clause is a material representa.. tion of fact upon which reliance was placed when this tnlnsaclion was entered into. If it is larer determined that the prospective lower tier participant knowingly rendered an er.. roneous certification., in addition to other remedies a\'ailable to the Federal Government, the department or agency with which this transaction originated may pursue available remc.. dies, including suspcnsion andlor debarment. c. The prospective lower tier panicipant shall pro\'ide immediate written notice to the person to which this pro.. posal is submined jf at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debamd." "suspended," "ineligible," "primary covered transaction." "participant," "pcrson," "principal: "proposal: and "voluntarily excJuded," 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 ofthoK 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 ineligible, 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 participant further agrees by submining this proposal that it will incJude this clause titled "Certification Regarding Debarment, Suspension. In- eligibility and Voluntary Exclusion-Lower Tier Conred Tnnsaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. a. 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 plrticipant may decide the method and frequency by which it delennines Form 1213 - ReviHd 3-95 01.07-95 the eli,ibility of its principals. Each panicipanl ma)', bUI is nol required la, check the NonprocuRment List. b. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to ren- der in good faith the certification tc'1uired by this clause. The l:.nowledge and infonnation of participant is nol required to exceed that which is nonnall)' possessed b)' a prudent person in the ordinary course of bUSIness dealings. i. Except for transactions authorized under paragraph e of these instructions. if a participant in a covered transaction knowingly enten into a lower tier covered transaclion witb a penon 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 agency with which this transaction originated may pursue available remedies, including suspension and/or debannenL . . . . . Certification Reludinc Dcoblrment. Suspension, Inelicibility and Voluntary Esclusion-L.o1nr Tier Covered Transac:tiOlU I. The prospective lower tier participant certifies. by submission of this proposaJ, that neither it nor its princI- pals is presenll). debarred. suspended, proposed for debar- ment, declared ineligible, or voluntarily excluded from p.r_ ticipation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to cenify to any of the s"-tements in this certification, such prospective participanl shall anach an explanation to this proposal. . . . . . XIL CERTIF1CATIOIl' REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subeontraels which exeeed $100,000.49 eFR 20) 1. The prospective participant ccnifies, by signins and subminina this bid or proposal, to the best of his or ber knowl- edse and belie( that e. No Federal appropriated funds have been paid or wiIJ be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to inOuenee an officer or employee of any Federal agency, a Member ofCongFCss, an officer or em- ployee ofeongress. or an employee of a Member of Congress in connection with the awardins of any Federal eontrac:t. the ma1:i ng of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewaJ. amendment, or modification of any Federal contract, arlDt, loan. or cooperative a.reement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- temptina 10 inOuence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Conaress, or an employee of a Member of Congress in connec- tion with this Federal contract, FR-12 Page 12,74 February 1,1998 Loal AssiJl.Dce Procedures MaDual PS&E CbecklisllnstruclioDS EXHIBIT 12-E Attachment B lrant. loaD, or cooperative agreement. the undcrsi.Dcd shaJJ complete and submit Standard Form.LLL. "DiKlosurc Form 10 Report Lobbying." in accordance with its instructions. 2. This ccnification is. materi.1 representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is. prerequisite for makiD8 or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails 10 me the required ceniCic:ation shall be subject to . civil penalty of Dot less than S10,000 and nol more than $100.000 for each such failure. 3. The prospective participant also ..rees b)' submitting his or her bid or proposal that he or she shall require that the Jan- suase of this certification be included in all lower tier subcon. tracts. which exc:eed 5100,000 and that all such recipients shall certify and disclose accordingl)'. FEDERAL-AID FEMALE AND MINORITY GOALS In accordance with Section II, "Nondiscrimination." of "Required Contract Provisions Federal.aid Construction Contracts" the Collowing are the Boals Cor female utilization: Goal for Women (applies nationwide)..............(pcrcent) ........ 6.9 The following are goals Cor minority utilization: CALIFORNIA ECONOMIC AREA 174 Redding, CA: Non-SMSA Counties ...................................... CA Lassen; CA Madoc:; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama. 175 Eureka, CA: Non-SMSA Counties ...................................... CA Del None; CA Humbold~ CA Trinity. 176 San Francisc:o-Oaldand-San Jose, CA: SMSA Counlies: 7120 Salioas-Seaside- Mooterey, CA............................_._........... CA Monrerey. 7360 San Franclsco-Oakland, CA................ CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo. 7400 San Jose. CA.:........................................... CA Santa Clara. 7485 Santa Cruz. CA........................................ CA Santa Cruz. 7500 Santa Rosa, CA........................................ CA SoOOlDL 8720 Vallejo-Fairfield- Napa. CA................. CA Napa; CA Solano Noo-SMSA COun1ics............................................ CA Lake; CA Mendoc:ino; CA San BeDilo. Goal (Percent) 6.8 6.6 28.9 25.6 19.6 ]4.9 9.1 17.1 23.2 177 SacramenlO, CA: SMSA Counlies: 6920 Sacl1llllenlO, CA...................................... CA Placer, CA Sacramento; CA Yolo. Non.SMSA COuntics.........,............_................... CA Bune; CA Colusa; CA EI Dorado; CA Glenn; CA Nevada; CA Sierra; CA Suner; CA Yuba. 178 SlOcklOn-Modeslo, CA: SMSA Cou.ties: 5170 Modesto. CA......._................................. CA Stanislaus. 8120 Stockton. CA............,............................ CA San Jooquin. Noo-SMSA COun1ics............................................ CA Alpi.e; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne. 179 Frean..Bake"field. CA: SMSA Counties: 0680 Bakerslield, CA...................................... CA Kem. 2840 Fla'" CA........._...........................,....... CA Freano. Non-SMSA COun1ics......_.................................... CA Kings; CA Madera; CA Tul..... 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim.Santa Ana-Garden Grove, CA..............................................._... CA Orange. 4480 Los Angeles-Long Becb. CA........................................................ CA Los Angeles. 6000 Oxaard-Simi Valley- Veotura. 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-1J form 1273 -l.niNd).95 oa.G7.P5 Paae 12-75 Febntaty I, 1m EXHIBIT 12,E Allaebm..t B Local AlIlst.nce Procedures Manual PS&E Cb.eklistlnSlrueti..s 6780 Rivcrside.SaD Bernardino. Ontario, CA.................................................... CA Riyerside; CA San Bernardino. 7480 Santa Barba,...Santa Maria. Lompoc. CA.................................................... CA San.. Barbara. Non-SMSA Coun,;.............................................. CA Inyo; CA Mono; CA Sa. Luis Obispo. 181 San Diego, CA: 19.0 19.7 24.6 SMSA Counties 7320 San Diego, CA........................................ 16.9 CA San DiegO. Non-SMSA COUD............................................... 18.2 CA Imperial. In addition to the reporting requirements set forth elsewhere in this contract the Coolnctor and subcontractors holding subcontracts. not including material suppliers, of S10,OOO or more, shall submit for every month of July durios which work is perfonned, employment da.. as contained under Fonn FHWA PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. Form t273 - R.vised 3-95 0I"{)7.95 FR,I4 Page 12.76 F.bruary I, 1998 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Labor Relations Division 611 W. 6th Street, Suite 800 Los Angeles, CA 90017 (213l 894 -8000 (Fax) (213) 894-8113 DAVIS-BACON TRAINING PACKAGE (be~ping make c01l!P~iance easier) Labor Relations - Representatives Joey Harper - X3016 Ernestine Napue - X3013 Labor Relations Reference Material~ Specific Davis-Bacon Related Act (statute) for your program 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 ~~ UWOC .L.K-I http://budweb.hud.goV,'pc>'sJ;1abn:lguideimdexl.htr. Labor Standards Administration and Enforcement Guidelines HUD-Administered Projects Special Attention of: Field Labor Relations Staff DESK GUIDE LR-I Revised: AUGUST 1996 Cross References: HB 1344.1 Rev 1, Chg I; DOL Regulations 29 CPR Parts 3 and 5; Labor Relations Letters LR 92-02, 95-01 and 96-01 TABLE OF CONTENTS Paral!ranh P3l!e PREFACE CHAPTER 1. STATUTORY AND REGULATORY BASES 1-1 StatutoIV Provisions a. Davis-Bacon Act (DBA) b. Contract Work Hours and Safety Standards Act (CWHSSA) c. Coneland Act (Anti-Kickback Act) 1,1 1-1 1-1 1-2 1-2 Fair Labor Standards Act (FLSA) 1-3 RelZUlatoIV Provisions 1-2 1-2 CHAPTER 2. LABOR STANDARDS COMPLIANCE PARAMETERS AND REPORTING REQUIREMENTS 2-1 Introduction 2,2 Contract Provisions 2,3 Resnonsibility of the Principal Contractor Section 1 Comnliance Parameters 2-1 2-1 2-1 10f4 7/28/97 10:33 AM """''-'UWUG-l\...l bttp1/budweb.bud.govipolsl!labrelguide'lDdcx l.b", 2-4 Definitions a. Laborer or Mechanic i. Workinll Foremen ii. Exclusions b. Employee c. Aoprentice i. Probationary Aporentice ii. Pre-aoorentice d. Trainee e. Walles 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 Prevailinll Walles a. Deductions b. Proper Classification of Work c. Solit Classification d. Additional Classifications and Walle Rates 2-3 2-3 2-3 2-4 2-4 2-6 Use of Aporentices and Trainees a. Relristration b. Walle Rates c. Ratio to Journevworkers d. De-certification 2-4 2-4 2-4 2-4 2-4 Section 2 Reoortinll Reauirements 2-7 Payrolls and Basic Records 2-8 Certified Payroll Reoorts a. CPR Format b. Submission Reouirements c. CPR Preparation i. Employee Information ii. Aporentices or Trainees 111. Solit Classification iy. Hours Worked at Other Job Sites d. No Work Payrolls e. Weekly Payroll 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 by Outside Parties for Payrolls 2-11 Confidentiality 2-7 2-7 2-8 20f4 7/28/97 10:33 AM uc,;~ Uwdc ;.R-I http://hudweb.hud.go''':pcw'sll1abrelguide.-mdexl.hu-- a. PrivacY Act Release b. DOL Investillatorv Materials CHAPTER 3. LABOR STANDARDS ADMINISTRATION. COMPLIANCE MONITORING AND ENFORCEMENT 3-1 Introduction Section I Basic Resoonsibilities 3-2 Field Labor Relations StaffResDonsibilities 3-3 Labor Standards Enforcement Files a. Proiect Lead Files i. Walle Decision File ii. Correspondence/CPR Review File iii. T ransmittalslCosts Reports iv. Deposit/Disbursement File b. Contractor/Subcontractor CPR Riles Section 2 Routine Comoliance Monitorinl!: 3-4 Routine Proiect Monitoring 3-5 On-Site Interviews a. Representative Sample b. Confidentiality c. Place and Timinll ofInterview d. Completeness of Information Gathered e. Observations and Comments of the Interviewer f. ComDarison to CPRs g. Tarlleted Emplovee Interviews 3-6 Proiect CPR Reviews 3-7 Documentinll the Review 3-8 Initial Payroll Reviews a. Payroll Format b. Addresses and Social Security Numbers c. Incomolete Payrolls d. Classifications and Wage Rates e. Aoorentices and Trainees f. Overtime Hours Worked g. Computations h. Deductions 1. Frinlle Benefits J. Signature k. Comparison of CPRs to RUD-lI On-Site Interviews 3-9 Conforminll Additional Classifications and Walle Rates to the Waee Determination 30f4 2-8 2-8 3-1 3-1 3-2 3-2 3-2 3-2 3-3 3-3 3-3 3-3 3-3 3-3 3-4 3-4 3-4 3-4 3-4 3-4 3-5 3-5 3-5 3-5 3-5 3-6 3-6 3-6 3-7 3-7 3-7 3-7 3.8 3-8 3-9 7/28/97 10:33 AM ~ Guide ;.R-1 bttp1Ibudweb.hud.gOVipols1llabrclguideindcx l.h l . 3-10 Minimum Review Reouirements 3-11 Ouestionnaires 3-12 Restitution for UnderpaYment ofWal!:es a. Notification to the Prime Contractor i. Correction CPRs ii. Emolovee Signature b. Review of Correction CPR c. Unfound Workers d. Withholding e. Comoutine Restitution for Aoorentices or Trainees 3-9 3-10 3-10 3-10 3-10 3-11 3-11 3-11 3-11 3-11 3-13 Reportine Waee Restitution of $1.000 or More 3-14 Falsification ofCPRs a. Ratio of Laborers to Mechanics b. Too Few or Irregular Hours c. Discreoancies in Waee Computations d. Extraordinarv Deductions 3-12 3-12 3-12 3-12 3-13 3-13 - ;;~ (of Sfr o ,9, . " . Hel,. ~ ~ !kiln." A-. HU5li;'..b Home Backto~ Send ....., 40f4 7/28/97 10:33 AM CHAPTER I STATUTORY AND REGULATORY BASES 1-1 STATUTORY PRovISrO:--:S. a. Davis-Bacon Act (DBA), The Davis-Bacon Act provides that contracts in excess of $2,000 to which the United States is a party for the construction, alteration and/or repair, including painting and decorating, of public buildings or public works, which involve the employment of laborers 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. C\\'HSSA provides that all o\'ertime (O/T) 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 violati~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 CWHSSA. The CWHSSA does not apply to Contracts of $] 00,000 or less. (See also Labor Relations Letter SL-95-01, CWHSSA Coverar:e threshold for overtime and health and safety provisions.) 1-1 5/96 CHAPTER 2 LABORST ANDARDS COMPLIANCE PARAMETERS AND REPORTING REQUIREi\lEl'iTS 2-] I~TRODUCTIO~. 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 permined 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, $5.2 and S'5.5.) 2-2 C01\TRACT PRovlsro:\s. 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 standards 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 RES?0;\:S:31:'!T;' 0:' THE Pi:INCIP,".L CO;\:TRACTOR. 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; "subcolllr"ctor" 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] CO,\IPlIANCE P,'.RA\lETERS 2-4 DEFINITIONS, 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\VHSSA. 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) pro\'ided 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. Over:i~e, 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 PREVAJLI~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 mo.y make payroll deductions as permitted by DOL Regulations 29 CFR Part 3. These regulations prohibit the employer from requirir,g 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 other financial obligations legally imposed against the employee. b. Proner clo.ssification of \\"orl.;. Each laborer and mechanic shall be classified in accordance with the work classifications listed on the wage determination and the awd type of work he/she performed and shall be paid the appropriate wage rate and fringe benefits for the cbssification regardless of the level of skill. 2-3 5/96 SECTION 2 REpORTI:--:G REOUIREMENTS 2-7 PA YROLLS AND BASIC RECORDS. Payrolls and basic records relating to su:h 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 classification(s); c. Hourly rates of pay including rates of contributions or costs anti:ipated 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 ratios and wage rates contained in the program, 2-8 CERTIFIED PA ,(ROLL REPORTS. Certified weekly payroll reports (CPRs) shall be submitted with respect to each week any contract work is performed. Each contractor and subcontractor (employer) shall prepare and certify such payroll reports to demonstrate compliai1ce 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 subcontractor. For this reason, all CPRs and any related records are submitted to the LCA through the principal contractor. a, CPR format. CPR information may be submitted in any forrn 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 e. Weekly 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: 1) 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:'-: Or RECORDS A",D O:'-:-SITE I"TER VIE\'.'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 eFR 5.12. 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 outside parties and may be withheld under Exemption 6 of the Freedom of Information Act (FOIA) /II/less the employees personal identifiers (e.g., name. address, social security number) are first deleted. 2-7 5/96 CHAPTER 3 LABOR STANDARDS ADMIl'iISTRATION, COMPLIANCE MONITORING AND ENFORCEMEl\'T 3-1 INTRODUCTION. 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 repons 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 RESPONSI31L1TIES. 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 S2.me in the project specifications. . c. Ensure that the wage determination is still current at bid opening or other appropriate wage determin2.tion effective date. (See also DOL Regulations 29 CFR 1,6, and HUD Handbook 134-/.1.) d. Verify the eligibility of the principzll 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 fumished 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 acrreement and '" schedule, evidence of deposit, copies of de:erminations of wages due and schedule of unpaid wages due, copies of locator letters, copies ~f 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-ll 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 P?OJ~CT 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 INTERVIEIYS. 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 g'athered on form HUD-II, Record of Employee 111Ien'icH'. HUD Labor Relations Staff are available to provide training and technical assistance, as needed, to the LeA Labor Standards Designee or other project inspectors concerning the conduct of such interviews. a. Reoresentative sam ole. 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 range 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 30-day review cycle. However, CPR review cycles s!:iould 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 tWo months, \\ill require more frequent reviews. . 3-7 DOCU1\lENT[;\;G THE REVIEW. Reviews are documented by the v,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 pattem 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. PavroH format. Employers are urged to use Payroll Form WH-347 which accounts for all required information and 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 \VH-348. Format 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 securi tv 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 restirution 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. Comoutations. 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. Comoutation 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 Re'gulations 29 CFR Part 3. (See also, ~2-5(a).) 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. FrinQe 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 CLASSIFICATIONS 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 with the principal contractor and other attendees, in part, for the purpose of identifying any classifications 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 MI:--:I:'vlUM REVIEW REQUIREMENTS. 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. Minimum 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 correspo:-ding 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 writing by the employee. 1. 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 between the required wage rate and the wage rate paid); the gross amount 0: restitution due; deductions and the net amount to be paid. A properly executed Statement of Compliance shall accompany the correction CPR. 2) Emolovee si~nature. 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 not on the correction CPR, or otherwise provided to the Labor Relations Staff) 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 C\VHSSA. Only the amounts necessary to meet the contractor's liability shall be withheld. e. ComoutinQ restitution for aDorentices 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 ofll'ork actually 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. Ie I , i . ....' The type of work performed by an apprenticeltrainee is not necessil.!"ily the target journeyman classification for whichthe apprentice or trainee was to .receive training. Bear in mind that many first year apprentices/trainees are assigned to "laborer" type duties. 3-11 5/96 c. Discreoancies in wa~e comoutations, CPRs that reflect frequent discrepancies in wage computations, e.g., even gross wage payments (S400/week) computed from an uneven hourly wage rate (SI5.67/hour), indicate that the employees may be working on a piece rate basis or at an even (S 1 Ornour) 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 portion of their earnings. \Vhile 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 l I I I EMPLOYMENT REGULATIONS AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS IMPLEKEHTING Eh~ITIES AFFIRHA E ACTION COMPLIANCE GUIDELINE jP. CONSTRUCTION AND NON-CONSTRUCTiON CONTRA_oORS no... Affl...tl91 AcClon '-Ill".. C"lo.lI".' h.... ...n o..lm.d to provlo. tho IRpI..."tl"C Ln.I.y with Info~tlon pcr~.lftlftl co eft. ~Ofttr.ctor'. vor~ forc.. 1. i. tho Inc.". of .h... JIIlo.ll".. .0 in.ur. .h.. .....1 oppor.u"lty for ..ploYII.'" 11 p...CI..o oy tho e_cractor v1tt\o~t f...rO to race. I... color. JUt r111JiClft, .ftCIJU'''Y. ".tlon.l Ofl111l1, urlc.l It.tVI, OT b."Oi..P. no... JIIIO.II'" provlO. .h. .Inl.... 1"loreetlon ........, .0 pr.por. .n A(fl...tlv. A..lon '1.11 tb.. wUl ...,Iy witll r.d...l r.Jll1.CI.... r...rtUlI, AlflruClft AUIOIl for f.o..aUy ...iateel FOJK". In tb. .v."t .1l.C tIl. AfUrwaun Actl"" ta.pltOft.. 'rolr.. of tho ~pl.-.atll1' .1I.I.y .dor... tll&.. III"laW JIIlooll..., tIla. prolr.. uy M utUU.d. Co"....ton a.. "'1.. to .011'..' tIl. Afftreetiv. A.tIOft Offl..r of tho 1.,1.....1"1 "".Ity f.r any n.CIII,1"y c.chlllC.l I..ue.ftee in ,'.,..r1", Cfteir Affl....lv. ActlOft '1." If th.y .r. c"".I..rllll _1..~r.1 under thll caner.ct. c. unpClOtl': The fOllow!"1 persons I cont:acts "I deU"ca .Y' UIa 1.;tl.e,nttnl t'ft:lty's (Can.r... ,-II.".. 0((1...1 .n.ll br &I..P' (.00 till. prolr..: 1. Sol. Sour.. 2. toorll".y al.ul.ltlon. 3. Con...... ""iC/l ~VI o..n ....uCto oy .h. .000.r..tor pflor to C.:..... 1. 197.. ... C1urcll.. AllY ."".r...or ""0 f..I. qu.11ii.d f.r ." &IIIRpClOll aII011U .011.... .n. COft.ra.. ta.pl1aDC. Offl..r for ft'lfi...loa. 1. ArnWIIAnvt AalCll CCllI'Lwct nocaAll A. no. Afflru.IV. 1...1011 prolr_ _I" tll& followl"l p.iftClpo1.: 11. IlClICIl na SAn$JTlIlC AFnKNnvt AalCll PI.UI 1. Dl.cr1alutl_ "caul' of race, colD1', a.., .ea, rel1.lon. .nce,cr7, aaclonal 0'1I1n. url..1 ..a.UI. or halldlcappecl lta.UI 11 I...OlI.iat.". wlt1l CIMl cOlla.ltu.iOft, 1..., .". poll.l.a of CIMl Unl..d S..t.., S.... of c:.IUonll. _ ,-., of M" ......rdlllo. 1" ..c~'O&IIC. Vltll Eaocu.I" Ord.r 112.... tIl. 1...1_IlU" _Uty 11 c_I..ee1 .. lIIaurl.. CIla. eMn M eo oU.r1ll1I1&UOft ." ..".ora, COIIuaUDn (1".ludlll' prof... 1...1 oerv1... ... COlI.1I1.."..l, 1.a.or.. or 1.._. c1Dlq lluai..... vlD .... _l_U.. _01ty. A. AfUnatlft AcUe '1_ lor c:onraL"C:eo< cOlI.r..tora .... .. _. oy _ o. CII. followllll ..taocll: 1. ,.ior to MI'" .w.ro.. tho eantrace, eM cOfttrace.r 8UlC ""ve ...h of tll. followi"l 0..=-":' .",roveel ., .... _1......1". .":~:y Contrac. Caopl1..... Ofli..r. a. A ...._. of tll. .000era...r'. AfUnaUft AcUOlI '011." tacl.1.. ...bod. of r..ruiuIIC D1Don.to. .1IcI _, if tll. _.r.nDr doe. 110. II.... OIl AfflruU.. AcU.. '0110'1. tll. ...._ _01 pol101" ..., .. ."'t.. ., tIl. c..tra.to., a. %he "CaIIerac. Caopu..... _11- fylq lepon for CanatrucUOlI Ca..ac."" (.....heel). 2. .. Can......r. r",ulrecl to fU. ... AffiruUWI Ac<1on '10ft. 1. All cOlltr..tora _ an III_UUIII co t'" 18p1_UIlI _Uty a UIII .. offu .. . COIIsnucIlll1l COlfrUl:r ... _ .... doi.. Dual.... &II .... _. If SUI._ 0' .... Vltll lb. _1_.1.. a.ll)' ill .ny _ flacol ,... or ..,11)' .otI (Ull .r DOn _I.,.... .... ...... _ ."'..... Affl....i.. Ac.l.. '1." 1IIl1... o._t. ,rl.r to lb. oworlll of _ COIItrace. Z. Ivld_. .f a CIIrnIl.ll' ."'.- '_ral or S.... of c:.hfontUl Afflru.l.. Ac.l.. 'loa, 2. All 'OlI.ra..o.. _ "'_fa ....0 In .1I80it.illl .0 .... I8pl.....1111 0II.1ey . al' or off.r .. a ~snucrll11 CON'ftAC't tft CM ....C ot il.O,OQQ.UO or ...., .... ba... Oft ."'r....d AfflruU... AcU.. ,1alI IIIll... ......,t. prior to eM ovaro of IIICII c...erac. or llual..... :I. Certlficat. .f Anllua1 p.~.:oa- flca.l.. 1..uocI., ChI 1.,1...11.1111 0II.1.y Con.rac. Caopll."'. O(fl..r. a. to ...01... -AIIft...l "0<;...1&- flcaClaD- . cancl'.ceor cuat: 1. All .uOcOlltr..tor. .....rllll .orvlco. or .u",U.. to tIl. cOlleractor ill ClIo _. of 510.000 0. ..... _t baWl ... .ppr..... Affl...tl.. ACt10ll '1.. ..I... "''''''. Mf.r. eIIo ouac-..ac... c_ne.. _ft. eo.pl.t. tll& _l_UII' ft.10'1 Affl....1.. Ac.101l -tofttr... eo.pll.IlC. Quellfyi", &opor.- VlD ....loyM11t ,DlI. for tIl. 111&. tllno ,..r., _ .u801t to tllo Con....t eo.pU.IlC. Offl..r for 0"'''''01 .. AfUnaUft l ..tI... Polley 11IC1...U._ ..~. of ?.ruleln. Dlnerlel., .ad WDacft. %he cOfttr.CCD~ 1. r.~ulred &0 aw-.lt ~ .ffl....tI... Actl... '_llo.. PI.n aftftu.lly for ,u~..qv.nt pr.~11- f1..el.... Coneractor. 4.'1r1"1 to ace ., .",bcantraceors ..y recetve Armu.al pr.qu.llrl..elon and be pl.c....pon a 111t of .nn~11y pr.qu.l1tlld lub- contractof. Which vl11 ~ .... aV&ll- .~I. ~y en. 'oner..e '..pllanc. Orflc.r to prl" .ontr..taro to r.,ult... tII.lr ClIalc. of I..DeOller.ceara. Affl....elv. Action PI.n far Nan-Con,tructlan c:..nt...tau CII\ ... ..e II fall.....: .. .P,..1 Pr...d..... 1. 4 contr.ctor Who ~.J ''''be'ceed . ,rol'. ""Ie!'! 11 noc ."ro..C1 by Ut. C4ncr.cc c.o.pl1aftcI Oft .le.r uy '''1.1 th.t d.t."'ln~tlOft to tft. lJIpl...ntln. .nel'y'. Ie.1.1.. h. IIody rhrau." eh.lr .dDlnUtrau.. Offl.er. All appe.1a .nall ... In ""'Itina. .lpld 'Y Ut, perlon .PP..11ftl or Ch.t person', authortzld reprl.enc.tive .nd Ihal1 ... fll.d With eft. Con.:a.t c..pllanc. Off I.er Within ten I ~O) workln. day. after rtce'.ln. aaac. of dl..ppr"".l. 2. 1IIe ...,..1 Ihauld Uplala tile ?Ulan wtIy tile .Ctlon of th. Cont?Ct CoapILance Offlc.r lhauld eot 110... ....n ...... hU..re of tile cOller.crew to .P,..1 Wlth,n tOIl (10) wofiln. 40YI of notice of dll.ppr"".1 IIloII .... CII. acu.. ..... ~ tile Coneract CoapU.nc. Officer final. .. 1. Prior to "'In. .warded eh. cOlleraet. the contractor Wit M" Che "CClfttracc '_II.nce Quallfyln. ......r~ f/lf' Non-Co"nrucuOII Con.r.c.aro ..... V.ndor." (attAched). _pprova ~ aae 1=pl....tln. entity contr.ct coapl1Aac. officlr. In .dOlt1Oft, thl cOfttr.ctor O!' vlndor .., M 'I"uelted to .".it co th. Con.r... eo.,lI.nc. Of ficer oGdlUan.1 Infa....tlOII conceftllna tII. eGncrace,or', Aff1raau,"1 Acti_ ....11.1... Affl....I.. action Plan far Sub.antr.ctora con ... "t II fall_: C. On-.h. VI.lts aey ... COllduet.. to ...rlfy tII. .ccur.cy of tile c"tr.CtOl'" AfflnlOU... AcUan .UUIUcal 40... In acldIUOII. caner.ctan "111 ... r-.uftd to _t... OlItrl..' an tIlelr ,.yroll n,.I"''' II1C1l tile foll....l... COd... A. Io'hlt. (IIOt of II.panlc Drlll.l: All ,.r.... bawlna orlllllO' ln .Il!' of :lle orl11llal ,..,10. of Eurap.. llortll Africa. tile Mlddl. last, Dr tile 1lId1a IlIkant~t. .. .lact l.ot of 11I,..lc Orlllnl: All ,...... "'V1III Drlll" la ...,. of .... '1act racLal .r...... , C. 11I,..IC, AU ,....... of IIi&1co, ....reo .'can. Cuba, Central or Soutll Merl.... or otller 5'&111111 CII1 nro or orl,ln. nllr.l... of ".ca. C. 1. P?lar to . ...bcOll~r.ctar ..arUna _I'k for Ii c..cr.ccor '" cJae lukoncraccer ....t caaply "ltII P.n II. S.Ctl. A ....... for c...trueUan _ancr.cea _ P.rt II. SecUan .. __ for non-conltructl_ .ubconer.ce.. 1bo cantr..tor 11 ft',...lbl. to oasura eft.t .11 of Ill. 'ubcan.raccon an In c_ILanc.. 2. Contr.ctaro .n -aur.1ed to _ ...Deontr.ccon _ ...... lleoD a"r_. far .1I1l...1 '......l1flC&tion lif ...n.b1.1. A. 111. Contr.ct eo.,lI_ .....1... utll AfflruU... .. ..._In.d. If tII. COIItr.cea?'1 AfflruU... &cu_ PI.. II DOt .ppr_d b)' tile Contract eo.,l1anc. Officer. tII. Concract eo., I lane. Offlc.r ....11 lIOeifJ tile c..tr..tor of tIl. ru... for dl.."r.....1 of tile ,1&11. _ af tile ..,I_Un. IIlUCY'1 r"'lr_.. fDr . .c..p..~l. ,Ian. %lie cancr..cor ....n .. .11_ e.. nOl workl., 40)'. i. _1cIl co O_lap ..... '''_It . ftVI.ed Affl....U... Acuon P1.n far r.vl... ."" .ppr....1 ~ tile Contr.ct Caapll.... Offlc.r. Officer 11111 Actian ~r_ D. ..,.. or P.clflc 1I1.nd.ra: All ,...... bawl.. orlll". ln ."y of tile far Ia... Iou.....t A.1I or tn. Pacific 111_.. 11111 .... 'ad_.. for .....,1.. 011.... Ja_, Ioru. tile PIl111pp... 111_ ..... S-. E 0 AMrican 11ll11... or AI..... IIaU...: AU 'er.... II&vI., ar\,IDI 1. ...,. of tile orl&1D&l ,..,1., of Ilorell Merica. 1. ::::EIlACT1(l/; -'IIIl IIlE c:ot.'TIAa CQlPL1AIICZ C'nICE M. IW.E DlPLIlm ,. fDWZ DlPLIlm I. IWlDlCAPnD DlPLDm V. VlEtIWI-bA YaDNl DUlHtr1llllS ~n1... . ,r.-t.t.. of re4Ulr." cere.ln worK. ..Ctftl' .. foil...: . C_Cl"CC oC".",l" .rw1 "'r.... ....11 'c 1: "local wlltOr ...".c" ...". thl .fU:lre Sa" lerD4rdtno. 1..lr.lOe, Oftc.rla 1..., ur..ew (St.no,ra PWtrapaltun St.tt.tt,.1 Ar..l. A. MAfft..,:I.. Ac:l... 1. . ,...t:8Ift: :~ tn'r.... :h. nua..r of .....r. of ,rot.cc.. c 1..... ift thl vorl. forcl by "Ctl"l .plo,_n: ..,1. .~. ct.:" I.. , Inc!u.tn. actIon ,rD.r~ to .cftle.1 ObJICtlve. chrou'" rtfo", of tho ."...... Afh..,uv. .Ct~Oft ...... CO In.ure tft;.t 41Icr1_1"'C1G11 1. .11.1N1t.. 111 .11 ...l1n" vt:t. lapl.."... or .ppI1C111U for ..,lo,..IIC ""..liar CIII .t.crl.1N1ttDft t. tn:lfttlan.1 or Ufttllt.nttOftlI. In .dOl:lan. Afflra1:1.. ACUOII I..... co tapro.. JO' ,ullellr.. III' ,rOClucttvt:7 :Ilrou'" :h. r......1 of erUh't.1 .... \IIIIIIc....,., ..rrt... co ..ployaent .11' prDOGcton .... .n.urt :Il.: .11 JO' .cU.... .re relac.. co JO' perforalnc. ....ur... J. "'lnof'\t tl,lt ...ft. .nbcr. of Uti '011.-111' r.ct.l or .tnlltc ,roup.: II.,. (noc of HUp.nie orlI1n). H1.p.nJ.Ci Ast.n or '.cHtc 111.noer; A.alrlca Indl&D or Al"kln n.tlvl. l~ "NOftCGftlu\,IctlOft eMlCr.ct" _..... .n)' contract ""ucb 1t01. nOt bll WlCt'lUl Lb, ..ftat:t.. of "ton.:ruc:ton COII:r.c:M. s. .... CIII ta L. "O!flcarM ".11. :Il. Contract Co"UIlIC. Offte.r of ebe taploaCOttll1 .ntt:". II. -r....." _II' .n, tn.tvto"'l. fin.. co-per:ftlrtlll,. pUll: ..."tc.. Jotac "coaan. ...octlCl.... .oct.l :h" frlC.....1 or,1II1&1UOII. eorpo..u..: ..tacI, r~t recliver, ',nOtclce City, c....". _tel,.1 corporau... "..Flee or oClltr ,.l1ct..1 ......t"1&tOll. or ..., o:1lar ,r..., or e_tlllUOII 'CU". .. . uate. "Approved Proat.... .... tho.e Concr.cc Coaplllnc. Offle. ap1_U". .nUcy ..... eaop1t.lle. V1:h :llt. ,roar... c. -con.~nactlC1ft Contr.ct" ".ft. . c.t:'.cc ""tell ..n. for :Il. eOlllCl'lleUaa. retI.tt111t.t~_. alter.tl_. cDftver.i.Oft, ...:....tOll. ....UUon or r.,.tr of ...U.ll1", 1I1p..." or o:n.r e........ 01' i.,rov.8Cnca ,rovl.1al ..:llt:y ..."te.l. D. "toIIe..ec" ...a. . "'"'..... ","r. offer ..... KCI,Uncl, 1..... qr.-ec .r ecMr .rr...._n: cruUal _ ...11"UOII eo "'1'" :be l.,l_nu... OIIUcy 1& . ,.ny. ....lell _I' ..... _ of ell. parU.. V1:1lill Ule ..f1llt:loo . CDD:r.C:OI'. ""lc1l 01 ..- Il. "I'ntceece. a.... .'111 :hOIl .....,. ef 111.101....10 .OWI... or ,roc.ce.. ...ia.: 1I10crsainaU.. .,. :Il. "arl.... r...r'l .... S:oce .1.n rIp.. I.... .. aow ta .alo...... or .. .. llar...cer _,", .,. r.....l or Scoc. IIV. o. "Sol. Saur... ..... . cOIIerac: In ....tell :be _-tapl_UIII ...u" ,.rcy 1& In . _1... poIIU_ :0 f..Uln CIt. tapl_Ual _UU.'I n..... II lI.cen~ .,. CIlt Con:r.c: Coaphan:. Offtcer. .feer coatl..r.:tOll of pr.c:leol .Ie.mo:l... P. "SuMaerlCcor""""'1I7 peTOOll'_ ...- V1ell .." .000er.ecor ""0 .... . ...erlC: V1c1l :bo apl_Unlltl:tcy co fuftl1lll ..."U... "". or lI."i.1I co llICIl .000erlC:or. E. '"COIIe..ecor" ..... .n poraa. <1I1CI"'1JI& 11"lral contractor. aM ,riM c..craccanl VIIo '....1... or offar co ,...,t.. co till tapl...nuII, .IIUcy. I.. ... ...,,1.11 of .~y k 111' or :ype JM'.ua: co . .1ICO:nacua COIIeracc "tell Clio ,-.". ftl.,I...IIUII, &aU.".. .au ,,*11. Jurt..l.ClO11 Vbo it IOalal.:.rlaa &Ilo cont.ract. Q. "I:_.-:1I1..U........ ""'111' fover .......IU.. or _ 111 . ,.rUcu1er JO' c1.ulfi..Ua CIlIIl _I' 1'.......17 .. 0IIpIC:" .,. ClIoii' ....U.Ul1cy. ~. 'l._-b. Yocar.... ...... . penOll _. 1.. Sorv.... ...MlI ...cy for . porI_ of _n _ 110 ",.. .n7 pere of "'1cb occur"", M:tvHft Aq1&at 5. 1.... ..... ""' '. 1915. .... VI' .t.Cllar... 01' rol..... ell.r.frao V1ell o&llor dwI . 'UlI_..'.. .t.Cllar.o; or 2. Wa. 1I1_r", or rel....11 fra 1C:1.. ...C7 lor . ..rvte.-cor~ee.' .1...tl1cy if 1117 pe.. of _ ICU.. "':7 .. perfo.... ..._ .......: S. 1..... .... 1\17 7. 1.75. s. ~"...... f_l. _1'1 of rlCitl .... .CIlnle .....rlc7 .... _llIOrlcy araupa . - r. c. "bpI.."... ..... _ ... portoru will for eao_u... or a pon.. _ I. pe...ftlncl7 or ro,.l.rl, tapl.,.. ~ ClIo ConU'Actor 01' aulae_cractor. H. "11111.1..".. Sea:... ...'" .., por... ""0: 1. Ha.. ""ole.1 or _COI I.,oi_: ""lell .1III.....c1l11' 1i111t1 _ or _ro of .uc1l por..... "Jor I1f. .cUVIU... 2. Ha.. r..or. of _ tapat_: 01'. 3. 11 ,.....117 "11_ .. ....iII& .~" Aft &"'a.~t. EQUAL OPPORTUNITY aEQUlaEH!HTS 1. Contractor alree. to fully co.ply vith the law. and prolra.. (includinl relulltion. i..ued pursuant thereto) which are li.ted follewinl thi. parllraph. Such co.pliance i. required to the extent .uch lav.. prolra.. and their relulation. are. by their own tera.. applicable to thi. contract. Contractor warrants that he vill ..ke hi..elf thoroulhly fa.iliar vith the applicable provi.ion. of .aid lav.. prolra... and relulation. prior to co..encinl performance of the contract. Copie. of said lav.. prolra... and relulltion. are available upon reque.t fro. the i.ple.entinl entity'. Contract Co.plilnce Officer. To the extent applicable. the provi.ions of .aid lav.. prolr... and reculation. Ire dee.ed to be I part of this contract as if fully let forth hereio. 2. Vietn.. Era Veteran.' Readjult..nt As.istance Act. of 1972 and 1914. a. a..nded. Pub. L. 92-540. Title V. Sec. 503 (a), Publ. L. 91-501. Title IV. Sec. 402 (31 USCA 2011-2013). 3. Rehabilitation Act of 1973. al aaended (Handicapped) Pub. L.. 93-112 a. ...nded. (29 USCA 701-794). 4. CIlifornil Fair E.ploY81nt Practice Act. Labor Code Sec.. 1410 et .eq. 5. Civil lilht. Act of 1964; as aaended (42 DSCA 2000a to 20001-6) and lxecutive Order Ro. 11246, Septe.ber 24, 1'65, al ...nded. 6. The Contractor vill include the prowilionl of lqual l8plo,...t Opportnity (UO) - lxecuthe Order (10) 112106 a. _nded 1Iy- EO If375 in every .ubcontract or purcbale ord.r anle.. ....pt.d by rule.. relulationl or orderl of the Secretary of Labor illu.d purluant to Section 204 of Executi.. Order 11246 of Sept..ber 24, 1'.5, al a..nded 'O.that .uch prowi.ion. vill be bindin. upon each .ubcontractor or vendor. The Contractor will take lucb action with re.pect to any lubcontrlct or purchale order al the contractina ..ency ..y dlr.ct al a ..an. of enforcln. IUch prow1aionl, lncludinl lanctionl for nonc_phancI. Provlded, a._ver, that 111 tile e..nt the Contractor bec08e. involved in. or 11 threaten.d with, liti.ation vlth a subcontractor or vender as a relult of euch direction by the contractinl alency. the Contractor ..y request the United Statel to enter into luch 11tilatlon to protect the illtereltl of the Vllit.d Stat.l. The applicallt further alreel that lt will be 1I0und lIy the abowe equal opportunity claule vith relpect to lts own ..,lo,..nt practice. when 1t participates 1n federally a'lilted conltraction vork. Provided, that if the applicant 10 partlcipatinl 11 a State or local 10verD8&nt, the above equal Opportunity claule il not appllcable to any a.ency, instru.entality or eub4ivision of euch lovern.ent vbich doel not participate ln vork on or under the cOBtract. .....-.- -~._-.-...... .-""----....- 'a,a 2 of 2 6. (Cont'd) Tha applicant acraes that it will assist and cooperate actively with the a~inisterinc acency and the Secretary of Labor in obtaininc the co.pliance of contractors and subcontractors with the equal opportunity clause and the rules, reculations, and relevant orders of the Secretary of Labor, that it will furnish the administerinc acency and the Secretary of Labor in obtaininc the co.pliance of contractors and subcontractors with the equal opportunity clause and the rules, reculation., and relevant orders of the Secretary of Labor, that it viii furni.h the admini.terinc aCency and the Secretary of labor .uch inforaation as they ..y require for the .upervi.ion of auch compliance, and that it viII otherwise assist the adainisterinc acency in the discharce of the acency'. priaary responsibility for securinc co.pUance. The appli~nt further acrees that it viii refrain frea enterinc into any contract or contract .odification subject to Executive Order 11246 of Septeaber 24, 1965, as aaended vith a contractor debarred from, or who has not de80nstrated elicibility for Cove~nt contracts and federally assi.ted construction contracts pur.uant to the Executive Order and vill carry out such sanction. and penaltie. for violation of the equal opportunity clause as ..y be iapo.ed upon contractor. and subcontractors by the adainisterinc acency or the Secretary of Labor pur.uant to Part II, Subpart D of the Executive Order. In addition, the applicant acree. that if it fail. or refu.e. to comply vith the.e undertakinc., the adaini.terinc a,ency ..y take any or all of the follawinc action.. Cancel, u~~nate, or .u.pend 1ft whole or in part thi. crant (contract, loan, in.urance, auarantee), refrain from extendinc any further. a..i.tance to the applicant under the procr.. with re.pect to which tbe failure or refund occurred until .atisfactory a..urance. of future compliance ba. been rece_ived from .ucb !pplicant, and refer tbe ca.e to the Departaent of Ju.tice for appropriate le,al proceed in,.. In addition to tbe above, Contraceor viii furai.h all information and reports required by Executive Order Ro. 11246 of Sept..ber 24, 1965, as a..nded to tbe i.pl...ntinl entity'. Coatract Compliance Office. AM'IJUoIATIV! ACTION rolt DISABLED ~JtA.IlS AND V!TERAHS OF THE V I!THAI! EItA !hi. clau.e i. in.erted pur.uant to Executive Order 11701 of January 24, 1973 and the Vietnam Era Veteran. aeadju.tment A..i.tance Act. of 1972 and 1974 (P.L. 92-540, 93-508>, and i. applicable pur.uant to 41 cra Sec. 60-250. (1) The Contractor vill not di.cri.inate a,ain.t any employee or applicant for e.ployment becau.e he or .he i. a di.abled veteran or veteran of the Vietn.. Era in re"rd to any po.ition for vhich the e.ployee or applicant for employaent i. qualified. The Contractor a,ree. to take affirmative action to e.ploy, advance in e.ployment and othervi.e treat qualified di.abled veteran. and veteran. of the Vietn.. Era vithout di.cri.ination ba.ed upon their di.ability or veter.n. .tatu. in all eaployaent practice. .uch a. the fOllovin,. e.ployment. uPlradinl. deaotion or tran.fer. recruit_nt. advertJ.in,. layoff or teraination. rate. of payor other foraa of coapen.ation. and .election for trainin,. includina apprentice.hip. . (2) The Contractor alre.. that all .uitable employment openin,. of the Contractor which exi.t at tbe t1ae of tbe e..cution of tbi. contract and thoee which occur durinl the performance of tbi. contract, includinl tho.. not ,.n.rat.d by thi. contract &Dd includina tho.. occurrinl at an e.tabli.h8ent of the Contractor other.tban the on. vh.r.in tbe contract i. beiDa perfo~d but e.cludin, tho.. of independent operat.d corporat. .ffiliat.., ahall be li.t.d .t &D appropriate loc.l offic. of the St.t....,lor-ant .ervic. .y.t.. wherein the open in, occur.. Th. Contractor furtber a,re.. to provide .uch r.port. to .uch loc.l offic. ra,.rain, ..ployment - open in,. and hir.. .. _y be r.lIuir.d... (3) LieUn, of employment openin,. Vith the employment .e"ice .yat.. pur.uant to thi. clau.e .hall be _de at l.a.t concurrently Vith tbe u'.. of any other recruit_nt .ourc. or .ffort and .hall involv. the normal obli,ation. which .ttacb to the placin, of a bona fide job order. includin, the acc.pt&Dc. of referral. of veteran. .nd nonveuran.. The l18Un, of employment Opanin,. dOl. DOt require the hirinl of aDY particul.r job .pplicant or fro. .ny particul.r ,roup of job appUcanu, and _thin, berein 18 int.lUted to reU.". tbe Contractor froa aDY rellUiraaant. in E..eutive Order. or re,ulation. re,ardin, nondi.cri.ination in eaployment. (4) The report. required by para,ra", (2) of tbi. clau.. .ball inclUde. but DOt be U.iUd to, periOdic report. which ahall be fn.d at lea.t quarterly vith tbe appropriate local offic. or. where the Contractor ha. acre than one hirin, location in a State, vith the central office of that State employment ..rvic.. Such r.port. .hall indicat. for each hirin, locati~ :.) the number of indiVidual. hir.d durin, the r.portin, period, (b) tile number of nandi.abl.d veteran. of the Vietnam Era hired, (c) the number of di.abled veteran. of the Vietna. Era hired, and (d) the tout n_ber of dll4btC!d ' vet.ran. hired. The report. ahall include Covered veteran. hired for AFTIlKATlVE ACTION FOI DISAI~ VETtRAHS Pale 2 of 3 (4) (Cont'd) on-the-job tralnlnc under 38 USC Sec. 1787. The Contractor .hall .ubalt a report wlthln thirty (30) day. after the end of each reportlnc perlod wherein any perforaance I. .ade on thl. contract identlfylnC data for each hlrlnl lOcation. The Contractor .hall aaintain at each hlrlns location, cople. of the report. .ubaltted until the expiration of one y.ar after final pa,..nt under the contract, durins which tl.e th... report. and relat.d docuaentation .hall be ..de aval1able, upon reque.t, for exa.lnatlon by any authorized repre.entatlve. of the contractinl officer or of tbe Secretary of ~bor. Docwaentatlon would include per.onnel record. re.pectlns Job openlnl., recrult..nt and place..nt. (5) Wh.never the Contractor b.coae. contractuelly bovnd to tbe li.tlnl prowl.lon. of thl. clau.e, It .hall advl.e the ..plOyaeDt .ervlc. .y.t.. in .ach State wher. it has ..tabli.haent. of tbe n... .nd location of .ach birinl loc.tion in tbe St.t.. .. lonl .. the Contr.ctor i. contractually bound to the.e provi.ion. ADd ha. .0 advi..d the State .y.t.., there i. no n..d to advi.. the Stat. .yat.. of .ub.equ.nt contract.. Th. Contr.ctor ..y .dvi.. th. St.te .y.t.. when it i. no lonler bound by this contr.ct cl.u.e. (6) Thi. cl.u.. doe. Dot. .pply to the li.tinl of ..,loyaent openinl. which occur .nd ere fill.d out. ide of tbe 50 St.te.. the Di.trict of Coluabi., Puerto lico, Cusa .nd tbe Vir,in I.land.. (7) The provi.ion. of pare,r.ph. (2). (3), (4) and (5) of tbi. cl.u.e . do not .pply to Open in,. whicb the Contr.ctor propo.e. to fill fros witbin hi. ova or,anization or to fill pur.uant to . cu.toaary and tr.ditional ..ployer . union blrln, .n.n,_nt. Thh .aclu.ion doe. Dot .pply to . particul.r opaninl onc. an ..,loyer d.cid.. to con.ider .ppllcant. out.lde of hl. ova or,anlzation or ..,loyer _ union .n.nl_Dt for that Openin,. (I) .. u..d in thi. cl..... (.) "All .ult.ble ..,loya.nt opanln,." lDclud... b.t 1. not ltait~d to, opanin,. which occur 10 tbe follDWin, jOb c.te,ori... production .nd nonprOduction; pl.nt and offic.; l.borer. .nd ..cunica; .upal"Yhory .nd nOll.upal"Yhory; technical; and ex.cutiv.. .d.ini.tr.tive .nd prof'..ional opanlo,. .. .re coapen..ted on . ..l.ry b..l. of 1... than '25.000 par ye.r. Thi. t.ra includ.. full-tf.ae ..,loyaent. teapor.ry e.ployaeot of .re tb.n thr.. (3) d.y. duraUon. and part-tf.ae ..,lo,..ot. It doe. not lnclud. opanin,. which the Contr.ctor propo.e. to fill froa Within bi. ova or,ania.tion or to fill pur.vant to e cu.toaary .nd tr.dition.l ..,loyer - union hirin, .nen,e..nt nor opanin,. in an educ.tional in.titution whicb .re re.trlcted to .tud.nt. of that inatitution. Under tha .at coapellina circua.t.nc.. en ..,l.,..nt openina ..y DOt be auit.ble for li.tinl. includinl .uch aituation. where the ne.da of CoYeraaont cannot re..onably be otberviae nppUed. vbere UaUn, would be contrary to national aecurity. or wh.re the requireDOnt of liatinl would othervi.1 not be for the b..t intere.t of the Cov.rnaent. ATFIlKATIVE ACTION FOR DISABLED VETERANS Pa,. 3 of 3 (8) (Cont'd) (b) "Appropriate office of the State ..plo~nt .ervice .ylte." ..an. the local office of the Federal - State nation.l .y"e.. of publiC e.ployeent office. Vith a..ilned r..pon.ibility for .ervinl the ar.. vhere the ..,loyeent op.nlnl 1. to be fill.d, lncludlnl the Di.trict of Coluebl., Cua., Puerto Rico and the Vlrlln laland.. (c) "Opcninl. which the Contractor propo... to fill froe vithin hi. DVft orlanUation" ..an. ..,lo""lIt openlnl' for which 110 con.id.ration viII b. 11v.n to per.oll. out.ld. the Contractor'. orlanlzatlol1 (lncludinl an, .ffili.t.., .ub.idiari.. .lId the parellt coep.ni..) .nd includ.. an, openinl' whicb the Contr.ctor propo... to fill froe repl.rl, ..t.bli.h.d "r.call" li.t.. (d) "Opcninl' vhich the Contr.ctor propo... to fill pur,u.nt to a cu.to.ary and traditional ..ploy.r . uaion hirinl arralll...nt" ..an. ..,loyeent openin" which the Contr.ctor ,ropo... to fill froe union hall., which h part of the cu.t~ry 'Dd tr.diUonal hirinl relation.hip which ..i.t. betwe.n the Contr.ctor and ",r...nt.tiv.. of hi. ..,10'.... (,) The Contr.ctor 'Ir... to coeply with the nal.., replaUOlI' nd relevant ord.n of the Secretary of Lallor i..u.d punuallt to the Acc. (10) 111 cb. ....t of the Contractor'. DODcoepliallca wich ch. requirlDlBc. of chi. cIlU.., actiOll. for aOllcoepUuc. ..y be Caken iD accordanc. with the rul.., r.plaUon. 'Dd rel.waDt order. of che Secr.tary -of wbor i..u.d planUlDC co che Acc. (11) Th. COlltr.ctor "r... co po'C i. cOll.picuou. pl.c.., a..il.bl. co ..ploy... nd appUcUlCl for ..,loyM1lc, noUc.. ill a forti co be pr..crib.d by chI Direccor, ,~id.d by or throuab che cOllcracCinl ottic.r. Such lIocic.. .hall .cac. che Concraccor'. oblil.Cion und.r the 1_ to take atfi~t1.. action. to ..,loy ad ad..._c. ill ..,lo,...lIt ~lifi.d diaabl.d ..t.r... aDd ..t.r_. of the Vi.tn.. Er. for ..plOyaeDt, aDd the rilhc. of applicant. and ..,loy.... (12) Th. Contractor will notify .ach lallor aDion Or repr.'.IIUU" of work.r. with which it hat a coll.cti.. barlaininl alr.eaent or otb.r contract uad.r.tandial, that the Contractor i. lIound by the t.ra. of the Vl.tnaa Era V.t.ran.' "adju.taent ...i.taac. Act, ad i. coaaitt.d to taka affi~ti.. actiOll to ..,loy and ad.anc. ill ..,loyaeat qualiti.d dhabl.d ..teran. allcl ..t.raa. of the Vietnaa Ira. (13) Th. Contractor will iaclud. th. ,TOYi.iOll. of chi. cl.u.. ia ...ry .ubcontr.ct or purclla.. order of 110,000 or _re 8111... ....,t.d b, rul.., replaUon. or orderl of the Secret.ry i..u.d purluaat to the Act, '0 that .ucb ,rOYhiOll' will he lliadiq aJlOll each nbcOlltractor or ..ndor. The COlItractor will take .uu action With ".pact to 0' .ubcontract or purcha.. order a. the Director of chI Offic. of r.d.r.l Contract Coeplianc. 'rolr... .., direct to .nforc. .ach ,rowi.ion., includinl .ction for aoncoeplianc.. ATTIKXA~rVE ACTION TOil KA!IllICAPP!D WOIJ:!:U Thi. clau.e i. in..rted purluant to the Ilehabilitation Act o( 1973 (P.L. 93-112) and 41 CTIl Sec. 60-741-4. (1) The Contractor will not di.criainat. alain.t any eaploye. or applicant for .aployaent b.cau.e of phy.ical or ..ntal handicap in relard to any pOlition for which the eaploye. or applicant (or .aploy.ent il qualified. Th. Contractor alr.e. to take affiraative action to .aploy, advanc. in .aploy.ent and othervi.e treat qualified handicapp.d indiVidual. without di.criaination ba..d upon th.ir phy.ical or aental handicap in all .aploy.ent practicel luch al the followin,' .aployaeat, uPlradinl. deaotion or tranaf.r, r.cruitaent, adv.rti.inl, layoff or teraination, rate. of payor oth.r foraa of coapen.ation, and lelection for trainial, includiDI appr.ntic..hip. (2) The Contractor alree. to coaply with the rul.., r.cu~atioa. .a. rel.vaDt order I of the Secret.ry of Labor i..u.. pur.vaat to tb. Act. (3) In the .v.nt of the CODtractor'. noncoapli.nc. with tb. requ~r.- ..nt. of thi. clau.., .ction. for noncoapli.ac. ..y be t.k.a ia acco!'..nce with the rul.., r.cul.tion. .ncI rel.vant or..r. of tb. S.cr.tary of Labo!' i..u.d pur.uant to tb. Act. (4) The Contracto!' 'ar'" to po.t iD con.picuOll' pl.c.., .v.n.bl. to .aploy... an. .ppHclllta for ..plo,.ent, Dotic.. ia . fora to .be pre.crib.d by the Directo!', provid.d by or tbrou,h the contr.ctia, officer. Such Dotic.. .hall .t.t. tb. Contr.ctor'. oblil.tion an..r _the l.w to t.ke affiraati.. .ctica to ~101 ... "vanc. in ..,loraent qualifi.. han.icappe. ..,loya.. an. .pplicaat. for ..,loyaent. .Dd the !'i,ht. of .ppHcRta and ..,loy.... (5) Th. CODtractllT will notify ..cb 1.bor _iOll or "pre..nt.U.. of vo!'k.r. with which it ha. . coll.cti.. b.rl.ininl .ar.....t or otbar contract un..r.taadinl. that tbe Contr.ctor i. boUDd by the t.raa of S.ction 503 of the "habilit.tion Act of 1973. aad i. cDaaitt.. to t.ke .ffiraative .ction to ..,101 ... ....nc. in ..,lo,.eat ,by.ic.lly .a. _DC.Uy "'Ddica,ped iDdividvala. (6) Th. Contracto!' wnl inclu.. the ,rovidon. of thia cl.u.. iD ...ry .ubcontr.ct lIT pu!'c..... or..r of 12.500.00 or _" _1... ....,t.. by rul... !'.culation. or or..r. of the secr.t.ry ~..u.. purau.nt to S.ction 503 of the Act, .0 that .lIch ,rovi.ion. vill be bindinl upon .ach Subcontr.ctor or v.Ddor. Tbe Contr.ctor vill t.k. .ach .ctiOft with r..pect to any .ubcOfttr.ct or purcha.. ord.r .. the Director of the Offica of r.d.ral Contract Coapli.nc. Prolr... ..y dir.ct to .aforc. .uch ,rovi.iOft.. includiftl .ctiOft for DODcoaplianc.. I V BONDING AND INSURANCE REQUIREMENTS (CONTAINED IN SECTION 1 - .DOCtIMENTS.) ~lm~'f~~~~IN$UMNQ.~~~"~ln-;;~ CIll THIS CEllT1FICAn IS ISSUED AS A MAT'TBl OF INFORMAno. . ONLY AND CONFERS NO RIGHTS UPON "nlE CERTIFICATl . HOLDER. THIS CERTlFICAn DOES NOT AMENO. EXTENc d. :""'lMERCIAL ASSOCIATES INS, INC ALnR THE COVERAGE AFFORDED BY THE POUCIES BElOW . !,6 E.AS':' LA PALMA AVE COMPANIES AFFORCING COVERAGE ':.AHZIM, CA 92807 COW'_ 714) 524-4949 FAX: 524-4940 A CNA-TRANSCONTINENTAL '- 0 IPS SERVICES, INC. P.O. BOX 10458 SAN BERNARDINO, CA. COw~...",., B CNA-VALLEY FORGE 92423-0458 COM~A.H'r C CHUBB GROUP - FEDERAL INSURANCE .., c:ow,,,,,,,, o I ~~~~~~~~~fS:~';:~~@':f'~;~';~.~";~~J::8~~:;;'~~;;;;~;lDth:,,;,"',*~;;W];::':S~i:.:i,<<f~~' tIS IS TO CEIIT1FY THAT THE ~UCIES OF INSIJIWICE LISTED BELOW HAVE BEEN ISSUED TO OICATED. NO'lWTTHSTANOING AJ('( REQUIREMENT. TERM OR CQNOmQN QF ANY CO",""" .iRTlFICATE MAY IE ISSUED OR a.lAV PEJn'AJN. THE INSURANCE AFFORDED IY THE .-ou exC1.USIONS AND CONomONS OF SUCH ~UCIES. UMn'S SHOWN MAY HAVE BEEN "lOUC ""UCT .....".,. .....TlIIIIWOIl'TI T'f'Pl 0' aIIUII. IfCI ""-'OT__ lJTaNOIIU UIo&I.ITT H.In'AlJTQ . .:..: AU. OWNED AUTOS : , sc:"'mULID AUTOS : XI ....O.lIT.. 1036929~37 i X I -'O....OWHECI AlJTOS il '1 LMITI .......... ......... TI .2 000 ooe ""COUl:'TS . COW'IO" AOG .1 000 000 ~.~1rC.I\JIRT ,1 000 000 IACM 0CC\IMIJc1 .1 000 000 AQ DAlU.Gr ~..~.. 50 000 WED 0:1" c..- _ ~ 5 000 C:OMIIHtD ~NCL.1 UNIT '1 OOO,OOC IOOlL'faH..l\M"l' ....- IODt&.T CN.IUIn' ,. 1I..~ ""O'Drr'r DAMAG. I. I __......., rifll:OWM_ -.... LIAIUTY J:J ..............1]] oe..... ".~ I...........__CT...._T 1022a75769 n "I ~CI UAoIIUT"l' : AN'" AlJTO I "'UTO ON\. T - IA ACCIOIHT I. 'I O'n04P Tk,a.1ll AlJTO ONI. T: I. , LAC'"' ACClOIHT I . AGGIltlGA ~I ! . I !.AC" OC:U1IlftlNCI ,3 000 10/01/96 ~M~TI .3 000 S.I.R. \. 10 . ::~'i:"'" '.' DOC ooe OOt -:EUSUAlIL1TT i UMlftEUA 'OIW ~ ! O~ TM.uf UWMEU,A -0... " wo_mu COMJlUa"t"noN AIID "PI.OTIJII- UAa.n'T i , tl~....rro", IlI'AlfTHlltSllXlC\nTYI O"ICI_ AAI: ~ -...p nAT\I"I"Otn' &.aim ....01 ACODIHT OdIASI - POLICY &.aIrr . OtSlAIf. ....C" lM"LOTrr . . ITIOIS -. DRIVEWAY & IRRIGATION SYSTEM FOR BUILDING 520 ~ :lRMER NORTON AIR FO BASZ-SPEC. #9321. THE CITY OF SAN BERNARDINO NAMED ;. ITIONAL INSURED RE: GE}."ERAL LIAB. - ENDT. ATTACHED. . , , R.~...~JCA1'~:.~Q~~~i.~&&?!.{i~*r:i*<::~~it~*g;~ ._~':;'-~:*;:'~;::;.:::ZJjL.-.:::'J;-;:'&;~~f;EL~T!OR:'~~#M~;~~W~::::i(:i:~a~i~L;:::&\;:'i:~~~:~;&jri:t~:~~2A:~;:-:,~_ IMOUI.D AIt't It' 1111 AaOvI DUC_m POUCIU I. CANC8.I.ID ,.ON 'hi. D....TIQH DAn ,,"UllO'. TMf ISIU'" co..,....,. WIU tItJaIv;''; fa IUA. !.J.Q DATI WNTTIflI IIfOTlCf TO TNI CIJfTtPlCATI MOLD" NAMID TO TMl &.U'!. firM ;~i"u.J M:~ 1<~-;.rI</';'IoJ.W.p;"r/rI,tJJUrIoI</rJo;.AAH THE 300 SAN CITY OF SAN BE~~;_~INO ~ORTH "0" STREE7 BERNk~INO, CA S2418-0001 AllfNOIIIZID II . Olio 25~i-i3Ii3i'~;:S'i:""iN;~T:p','5Z;;g~~?""'~1l(g,,,.;;a:Wir~'5:'~;")'d%JZt"+~#!iI!i:f.~,,,,rI;''+~~COllPClRATiOii1E /" ~ .,.... L:W GElDAl.LiIIUTY ~ IWIBlIIIUEI: . - - PaJ::Y 1I.UEIl:- 1 lHlS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) 'IbJs endorsement mod1fles 1nsunnce provided under the follow1ng: COMMERCIAL GENERAL LlABILI'lY COVERAGE PARr - OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BE:RNAlUlINO POlILIC VOllKS/DlGINEElUNG .~ 300 NORTB "D" STUtT SAN BE1lNARDINO. CA 92418-0001 ~ (If' no entry appears above. m!ormatlon required to complete thls endorxment wllI be shown In the Declaratltms as appl1c:able to this endorsement.l WHO IS AN INSURED 1Seet1cm III Is amended to Include as an Insured the ~n or arganlzatlon shcnrn m the Schedule. but only w1th ~ect to 1Iabll1ty BI1sIng out of "your work" !or that InSuRd by or for yo f)gf.. '-. J ~~, t:1' AIIt~''''~ t.t( J-~ pr~,).~J L. AtJ:n'/. J'I~ CO 20 10 11 85 JSb ~.y I-r<- i o/{7 ~7 ' ""1 It rr'" ( /( &( ~ Oil f c.ftI If b/,J d Authorized Representative for, CNA Ir.s~rence Group Golden Easle !nsurp~ce Company v SUPPLEMENTAL GENERAL CONDITIONS P.\'DEX TO SUPPLEMEKT AL GE~'ERAL CO~1)1TI0~S SUBJECT ARTICLE SUPPLEMENTS ENUMERATIONS OF PLANS, SPECIFICATIONS M1D ADDEl\'DA 2 STATED ALLOWANCES 3 SPECIAL HAZARDS 4 PUBLIC LIABILITY, VEHICLE LIABILITY AND PROPERTY DAMAGE INSURANCE 5 BUILDER'S RISK INSURAI\ICE 6 SCHEDULE OF PERMIT FEES 7 ENERGY POLICY AND CONSERVATION ACT 8 COPIES OF DOCUMEI\'TS FURNISHED TO THE CONTRACTOR 9 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL 10 ACCESS TO CONTRACTOR'S RECORDS 11 Sll'PLEMEN1AL GEN"ERAL CO!\1)mo\"s ARTICLE I: Sl'PPLE*\"TS The following supplements modify, change. delete from or add to the "General Conditions". v,'here any article 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 article. paragraph, subparagraph, or clause shall remain in effect. ARTICLE 2: E",TMERATlON OF PLA..\"S. SPECIFICATIONS A.,\,1) .-illDE",1)A Following are the Plans, Specifications, and Addenda which form a pan of this cor.tract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract Docwnents": A. Plans Project ~o. of \"0. Sheets 9927A Title INSTALLATION OF TRAFFIC SIGNALS AT 28TH STREET AND WATERMAN AVENUE B. Soecifications Title Bidding Requirements and Contract Forms General Conditions Supplemental General Conditions Detail Dra~ings and Sections C. Addenda ARTICLE 3: STATED ALLOW.-\.'\iCES !\'O~"E ARTICLE 4: SPECIAL HAZARDS U1\1C.NOWN ARTICLE 5: CONTRACTOR'S Al\l) SUBCONTRA.CTOR'S PUBLIC LIABILITY. VEHICLE LIABILITY. Al\'D PROPERTY DAMAGE INSl'RA!\'CE 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 w;th a policy or cenificate of liability insurance as prescribed therein. prior to execution of the contract. The Insurance Policy shall name the City of San Bemardino 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 Attomey to bind the insurance provider. (See attached sample fonns.) Following is the required minimum limits of insurance: Bodily InjUI)'............$250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations Property Damage......$100,000 each occurrence $250,000 aggregate A combined single-limit policy with aggregate limits in the amount of$I,OOO,OOO.OO will be considered equivalent to the required minimum limits. The Contractor shall either (I) 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 RJSK r\SUR.......,\CE (FIRE .""''''D EXTE"'DED CO\"ER..-\GEl The Contractor shall secure and maintain in force a Builder's Risk Insurance Pohcy In the amount of the contract pnce of all buildings that are included in the contract award dunng the hfe of this contract. A copy of the Builder's Risk Insurance shall be furnished to the City of the Contractor. The Contractor will pro\'ide Builder's Risk "All Risk" Insurance. in an amoun1 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 -:Q:.... 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 breakdown of the Permit Fees. Street Cut Fees (Sewer. Electric, Gas)......5 Plan Check............................,...... ..........5 Building Permi!.............................. ........5 N eleclTJc/Plumbing/H.V. & A.c.................5 0 Storm Drain............................... ............5 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 fonh in Division 15 of the Public Resources Code of the State of Califomia. ARTICLE 9:' COPIES OF DOCUMENTS FURNISHED THE CONTRACTOR The Owner 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 Docurnents, and three (3) copies of such supplementary detail drawings as may be subsequently issued. ARTICLE 10: DISPOSAL OF EXCESS EXCA VA TED OR RB10\ 'ED 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 Slle 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 sah'age value of removed improvements of whatever nature shall be conSidered by the Contractor in preparing his bid. unless otherwise specified. ARTICLE 11: ACCESS TO CO~TRACTOR'S RECORDS The Contractor shall retain all records, books, papers, and documents directly peninentto 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. U. s. , - V I DEPARTMENT OF HOUSING URBAN DEVELOPMENT STANDARDS OF CONDUCT AND ,~ ~ ---- ------r-'_~ g::lce of In.,.c:or Cene, S T A . D A IDS OPe C . DUe T C Die I I C I P I I . T S I I T I 0 D D C T I 0 . Elected official., employee. of Co=-unity Develo~nt Ilock Crant recipient. and contractor. are tho.e re.pon.ible for ad.ic~.terinl the entitle.ent prolra. and .re al.o re.pon.ible for the prol,a.. intelr1ty. Follovinl .ound bu.ine.. pr.ctice., pre.cribed .tandard. of conduct and HUD require..nt. viII not only protect HUD ,rant fund. but al.o tho.e vho ad.ini.ter the prolr... P DIP 0 S I Thi. notice provide. inforaAtion on .pecific activitio. :hat you ~.: avoid and 1dentifi.. key HUD r.qu1r...ntl that ~It be ..:. Th. prohibited aC:iviti.. li.t.d her. r.fl.ct probl.. ar.a. that have ,o:t.n block ,rlnt r.cipi.nt. icto trouble in the palt. Th. purpo.. of thil flyer i. to prov.nt frlud and pro,r.. Ibu.. by alortin, key offictall to th... proble.. ahead of ttae. AUT_OIITIIS Th. pertin.nt lava and reaulationl that appl, to the CDIC EAtitl...nt pro,r.. that you .hould have copio. of are. · Mou'1n, and eo..unity Dev.lo,..n: Act of 1974 a. -.endod in 1913. · Cca.unity Developlent Ilock Crant "culationl (24CF1 Parc 570). If you do not hav. cop i.. of th..o r.quir....t. or aood farthor infOraAtion, contect your local BUD offico. PIOCIA. IIQDIII...~1 A.~ ..0.I.l~l~ ACTIYITIII 1. Coaflict of Iat.reat CDIC I.autation. (24CF1, Parc 570.611) probibit conflict. of int.ro.t. For any CDIC aC:iv1t1o. undor your control or influonce you Ka, lot. a. Obtain per.onal or financial iator..t or "n.fi:. 1.cludlnl aanoy, favor., ,ratuitio., .nt.rtai....: or anythinl of value tha: ailh: .. int.rpr.:.d a. conflic: of intor.et. b. Obtain a dir.ct or indir.ct intor..t i. an, contr.ct, .ubcontract or .Ir....nt for any CDIC activit,. Thil Prohibition .atend. to contr.ctl in which your .pou.o, 8inor cbild, d,,.ndent or bUli.'.1 a.loci.te aay have per,onal or financial int.rolt. Thil prohibition .at.ndl for a period of ODe year after you l.avo ,our ,..ition With a CDIC activity or pro,r... -1- n.urtl...lDS or COIIPUCT Pa.. 2 of 3 c. HOD ..y Irant an esce~tion to thl. conflict of Intere.t provl.lon If 1t deteralne. that .uch an escept10n vill enhance the e!!ectivene.. of the CDIe project. aeque.t. for .uch exception. wu.t be ..de 1n vritlnl to the local K"~ off1ce. 2. Procureweat aDd CoDtractiae OKI Circular ...-102, Vni!o~ Require.ent. for .....i.tance to State and Local Covern..nt., Attach..nt 0, applle. to the CDIe prolra.. It provide. that you ~y Hot enlale in any of the foilovinl practice. in your procure.ent and contract ad.1niltration: a. CircU8veot caapetiti.. biddlnl requlre..nt. by. . fal11nl to advertl.. for .ealed bid. or .011cltlol prope.al. and eOlallnl 10 aoncaapetitiye nelotlatlon; . fal1lnl to u.e ..tabil.hed evaluation criteria In aelotiation.; . .pllttlnl bid. by br.aklnl dovn contract. into ...11 part. '0 'that purcha.e order procedure. can be u.ed except to ..et Kioorlr,/W~n lu.ine.. loterprl.e loal.; . fayorina or proyldiol a c~tltlY, advaatale to an, one flra or iIIdlvldual; . Identlfylnl the n.... of tho.e Inylted to bid; aDd . prepariol flctltlou. bid. to .t.ulat. c~tltloo. .. .. b. 'ail to adblre to contract .vard r.quir....t. bYI · allovlnl IsceaalYl prlc. ch.ree.; · avardlnl contr.ct. to other than the low bidder Vithoot adequate ju.tlfication; .ad · .cceptinl a bid that doe. aDt contain. ,ric. for .11 It... or a.rvlc.. includ.d 10 the InYltltlon to lid fora. c. FIll to Ylrlfy contrlctaal aDd 'rolr....tlc c~li.nce by contrlctora by. · .athorlz1nl ..,..at for work .ot c~leted, · falalfYlal In.,.ctloo reporta, -,Ilterlal contr.ctor lovoic..; aDd - .i.u.l~ aodlflcatloo or chanll ordera. Ole repllUon. n.ta tllat ,OU Mu.t 1I0tl Vae Ural Ind 1.dlYlduah 011 Bll1l' a CoD.olld.ted Lht of Ileum., Suapeaded Ind Inelillbll CoDtr.ctor. .nd Cr.nt.... 3_ P1uaci&lllaal_t aM laccn"dia& .,at... You Mu.t co.ply vlth tbl follovinl rlqulr...nt. of aKa Clr~lar A-I02, AttaCt..nt. C, C, .nd COle r.platlO11'. lou !tUItI a. 1.t.bl1.h Interaal controla to laf.su.r. ca.h, i....tory .nd .'1ul.-nt. .- ., . H .'" _'.~",' '.1' ,! !'i. -.-I- !If!' . :'1),,:.,-, . ',.it~ ~ - " ; . , . i~;.:";::4i1>,--)',~,::~,>:::-'-' f.i.~1';;. ii~ hd_~ii~f ~tltt~,~~;,~;.; ~t.'iIi' fluDe il::recor4.L'imu~Ji1";!l:; ; ,ffl!! ~!i<:t' , l~l&b,:: I; ~ffl !~ '~"lWU.i;~,~t : I ~l .;' , , . -.., A'htn':J euh reie~PmI~~hnne"lIt'l . ~r'eiQrl:' of" a iirilonuih""'U'.II.i'ffioll; I :: ~; I'. . ., j 1!I~"~~l rieilpr :fo; 'ho'!.J,~!~"lUcR'~~Il,"~'l. plllCucoulIt ~.~,,;if:, 'fllt I ~fJ!ild~C:C:l!!I!!1~edleS:jfl>fD. .t~~LiliJf1.", ", . '~ :~,., .'. . I. :'~rei:cir"'ot; luap.-._ 4uvd"0VIl" r...u.., .chec:kI recdved alld . /".;,'i.. .{l;c "'" - "", ",. ~'~ I' ",.. :I,', ""!!8-~;'" '" ,". ~~_1.'.1lC. ..,',',o~.\,~,..,..~r,d fU~,',:~~, '. " ',i.,ij'''i1'fi,,' . ,.,~./:~~.."eYi:.,,:.~: .', F~'r,;,,;. ~,~: 'ht,z":~., ,. t"'~l~ i,Y""'.',~.J,;i,:.~iff..'j;. ,,"_' . d~ tD~~r.t~c ,.oil ull1Ull1 fblcdd!.~cord..':,riuIIC1.1 re!=or', 811', fU.(;,,!p,'~ , '~:~~0lllt;~II'.~;. ~or thr~,~~l~!~;:~i;! '~:~ ~;.' "'~~Y\;"'11~';i,~~'f;~~~ " '.;"P..lIlC_I.IIU.t.d froa ,r~~"~~,t~v1U.. ~orothu 'Uli~l~ .c:tlY1U"~;"~{;L, ;'fi>.,. '...', ?, "v'i1;-t'J!;~\~;~~1;'1"'~> ":'I'~L,." " ,t~~,;,.'".,,~;~.~;;, r,{" f. .11.. I'I'O,r. illc_ "dore 'rWfIll ..d1Uoul ,relit filii" to ,.,. for,,,:!.,,:,!; "1- , - "_:;':<'''~'''''~_~_:")'__'''~'':' __"'----.-_'_.,---,:,."'_.;';,y.')~-" ~~I.b;~,I.. ,rol:_ axpall'~' ."~'ti~~~fn,~~ <~;';' .{,,~: ~""'~~itt}:',;i,,fjt" YoUKu.t lot .raw "CNII _re f1mcI."tJiail.n ...... for ,.01Ir CDIC actlY1ci...., ....' h 'f L. '~J;?:;:;~.. ::'-,~_,>"(,;i.l1'" ','" '-f; - ;>,' &II"t>~~" 0 1lI..lr.lle....~:.,;?f~.:,.r.: ;~.: ,41';,., <\ft'.:\ '~..., .,- 'In'1~ ~.~j2q:\ ~'i_rf::';'t~~:'" ~::._~ 4. Coat All-nlllt7 'B~"'~A)i~dj; 1;";."- '. {;, , -:;;';-:c;~3~~~\-~~,,!~; "1' '.~:;~._. Y~' its..'t c.,l,. vith OKI Circular A-'7. Coat Pr1l1d,I.. for Stat. ... Locd,;' Goftl'llMlIC'. You 11&1 lot .pniI CDIG 11IIId. ~ i"UliU. .ct~rf.U..., 18 lu iDI' :~, ....~ ~>~: ~.fu...,,','~ ._;.'::,~;,'~,_'_:".:~,..;.,._.:,:,'.;.~,(.',-.~ ' . ~i~", . . .'; '::"'~\~~~'~' Y,"~, . ,t~~~:.:4;C .. Expell.., nqv1n' to' c.rr, out tllenpl.i n'JIOIIa1..1UU.. 'of tile ',', "I'd local ....~t., :,,;..,{~~'c,'.'.I,.',':,;,,': ",. " " . ... ~ . " ,~~>' " <, c' 0:: ..", . >~'Jt?< _';-_'~+:!-~ i;'~ ~:' . b. P.nba poUtical .ct1Yit1.. (..... coDtl'1_UOII. t_ar' poUtical c:_,&1p.. ftt.1' n,benUOII. eir C&IIlIidat. fol'lal). . ';-- ;:~~r~~~,-'~: CDIC I'epl.uOII. acat.. tut JOU~tltltl ,.-. ';":-:;:~'::A:!~ ~~~r:t~.:,., II.. CDIG lUIIll. to ...bt _11.1... ..... for tile '-1'.1 endut of ,oVer-lIt (..... c1t7I1aU.._c, ailaia1acr.U.. _U.illl'. .tc.). ' ;;;~!;; _ :.. ,J _.C' ,~ ~.~~ ~ " 5~ http-_ IIodtorbia ,~ ;. ,',- . ,_...~,_>,p.,~:_,~,:~~~;;:~f'.r~;.. OKI ,C1rcalar A-I02. Att.c....t I. .tat.. that JOU lluat COllltctl,_itor the par'orauc. of ,rct-.upport" .cU,,1U.. to ..nn tutjbe acheltul.. .... M1III _to 'I'OJ.ct.. work _ita .., tWe ..d.... .n N1... :-::::::'':: ;~. "'!"iilil'::;;,;r' ... .. Ke., ncorda of JOUr 0II-.1teTi.1t.to ....lI'at........ COlltr.ctara. ... Plac.I'.paClal ~~~. OII~'~~~~1t~t~'!tIl"~"Bilhelt rbk ....nd'1..ta .... COIltr.ctor..'~"' '" , 11 )'OU ba.. . ....UOll ......t -.c.,.e . haU.. or JOUr n.,...n1Ut1. COIltaet",... leur'g Office. " ,~;;,Jjl"..'~.". . 1Ji:,; ..::~.,;~(.--fJ~.~ ,~:: .~ ....1' 1.