HomeMy WebLinkAbout23- Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Sharer, Director oEi �• •o+� f ir r��L Subject: Resolution awarding contract to
/ Ken's Construction Service for the ADA
.
Dept: Facilities Management modernization of City Hall Restrooms on the
second and third floor.
Date: April 17, 2000
Synopsis of Previous Council Action
July 1, 1997—Approved allocation of$22,000 to CDBG Funds Project No. 97-208
June 10, 1999—Approved allocation of$22,000 to CDBG Funds Project No. 98-243
Recommended Motion:
Adopt Resolution.
James W. Sharer
Contact person: James Sharer Phone: 384-5244
Supporting data attached: Staff Report, Bid Sheet Ward(s): I
FUNDING REQUIREMENTS:
Amount: $54,280.00
Source: CDBG Program#97-208 &
98-243
Magg' achecco, Director of Housing&
Community Development
Council Notes:
Agenda Item No.�
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution awarding a contract to Ken's Construction Service for the ADA modernization of City Hall
Restrooms on the second and third floor.
BACKGROUND
On July 1, 1997,the Mayor and Common Council approved the allocation of CDBG funds for the ADA
modernizations of the City Hall second floor restroom. A meeting was set with a design consultant to
develop a request for qualifications. It was determined at that time there would not be enough money to
design and build the restrooms with the allocated funds, but if two floors of restrooms were done
simultaneously, the combined funding should be adequate. Staff requested funding to do the third floor
restrooms, which was approved on June 10, 1999. A request for qualifications was sent out in January 1999
to have the restroom design work completed. Gary Miller Architects of San Bernardino were selected for the
design and the plans were completed in November, 1999.
The project consists, in general, of major demolition in all four restrooms involved, the installation of four
disabled accessible toilets, two accessible urinals, four accessible sinks and two accessible drinking
fountains. The restrooms will be reconfigured to allow entrance and egress to the restrooms, in compliance
with the Americans with Disabilities Act(ADA). All work will be completed in compliance with all
municipal, state and federal codes.
Bids for the project were received on February 8, 2000, in response to RFQ #F 00-31. The bids ranged from
$47,200 to $68,275, with Ken's Construction Service. being the lowest bidder.
Vendor Location Bid Amount
Ken's Construction Service San Bernardino, CA $47,200.00
MGF Construction San Bernardino, CA $68,275.00
The estimated total project cost based on the low bid is as follows:
Design $ 4,500.00
Construction Contract $47,200.00
Contingencies (15%) $ 7,080.00
Grand Total $58,780.00
FINANCIAL IMPACT
Funding for this project is provided in CDBG Projects No. 97-208 and 98-243, in the total amount of
$44,000. On April 3, 2000, the Community Development Commission approved the transfer of excess funds
from the Parking Structure Elevator Modernization project,which came in $10,700 below budget, and for
the additional $4,080 which will be transferred from savings on other CDBG projects. Therefore,this project
will be 100% reimbursable from the CDBG funds and will be accomplished at no cost to the City. Invoices
will be approved by Facilities Management and then given to EDA to pay from CDBG funds.
RECOMMENDATION
Adopt Resolution.
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I Resolution No.
C 0 ply
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
3 BERNARDINO AWARDING A CONTRACT TO KEN'S CONSTRUCTION
SERVICE FOR THE ADA MODERNIZATION OF CITY HALL
4 RESTROOMS ON THE SECOND AND THIRD FLOOR.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
6 THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. KEN'S CONSTRUCTION SERVICE is the lowest responsible
9
10 bidder for the ADA modernization of City Hall restrooms on the second and third
Il floor,per Plan No. F00-31. A contract is awarded accordingly to said bidder in a total
12 amount of$47,200.00. Such award shall be effective only upon being fully executed by
13 both parties. All other bids, therefore, are hereby rejected. The Mayor is hereby
14 authorized and directed to execute said contract on behalf of the City;a copy of the
15 contract is on file in the office of the City Clerk and incorporated herein by reference as
16 fully as though set forth at length.
17 SECTION 2. This contract and any amendment or modifications thereto shall
18
19 not take effect or become operative until fully signed and executed by the parties and no
20 party shall be obligated hereunder until the time of such full execution. No oral
21 agreements, amendments, modifications or waivers are intended or authorized and shall
22 not be implied from any act or course of conduct of any party.
23 SECTION 3. This resolution is rescinded if the parties to the
24 contract fail to execute it within sixty (60) days of the passage of this resolution.
25
26
27
28 �o. 3
I
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
2 BERNARDINO AWARDING A CONTRACT TO KEN'S CONSTRUCTION
SERVICE, FOR THE ADA MODERNIZATION OF CITY HALL RESTROOMS
3 ON THE SECOND AND THIRD FLOOR
4
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a
7 meeting thereof, held on the day of 2000, by the
8 following vote, to wit:
9
10 Council Members: Ayes Nays Abstain Absent
ESTRADA
I1
12 LIEN
13 MCGINNIS
14 SCHNETZ
15 SUAREZ
16 ANDERSON
17
MC C_ MMACK
18
19
20 City Clerk
21 The foregoing resolution is hereby approved this
day of 2000.
22
23
24 Judith V alles, Mayor
25 Approved as to for City of San Bernardino
form and
26 Legal content;
James F. Yqk7arrCity tt me
27
BY: I
28
UARv�NO QJ) )
C I T Y O F )
ED iN
R A C H E L C L A R K
C I T Y C L E R K
April 21, 2000
Mr. Kenneth Fry
Ken's Construction Service
P.O. Box 5502
San Bernardino, CA 92412-5502
Dear Mr. Fry:
At the Mayor and Common Council meeting of April 17, 2000, the City of
San Bernardino adopted Resolution 2000-85 - Resolution authorizing a
contract for ADA modernization of certain City Hall facilities.
Enclosed is one (1) original agreement. Due to the large size of the Plans
and Special Provisions document, I have only forwarded you a portion of
the complete document. Please sign in the appropriate location and
return the original agreement to the City Clerk's Office, Attn: Melanie
Miller, P. O. Box 1318, San Bernardino, CA 92418 as soon as possible.
Please retain a copy of the executed agreement for your files.
Please be advised that the resolution and agreement will be null
and void if not executed within sixty (60) days = June 16, 2000.
If you have any questions, please do not hesitate to contact me at (909)
384-5002.
Sincerely,
Melanie Miller
Senior Secretary
P . O . BO X 1 3 1 B S A N B E R N A R D I N O , CA 8 2 4 0 2
3 0 0 N O R T H D S T R E E T , S A N B E R N A R D I N O ,
C A L I F OR N I A 92 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 - S 1 02 F A X • ( 9 0 9) 3 8 4 -S 1 58
T D D /T T Y •( 9 0 9) 3 8 4 - 5 S 4 0
Meeting Date: 04/17/2000
Item #23
Resolution 2000-85
PROJECT #' S: 97-208 & 98-243
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
PLANS AND SPECIAL PROVISIONS NO. F0031
FOR
ADA MODERNIZATION OF THE 2ND AND 3RD FLOOR RESTROOMS
FOR
SAN BERNARDINO CITY HALL
DIVISION OF FACILITIES MANAGEMENT
City of San Bernardino
DECEMBER, 1999
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2 : 00 P.M.
ON JANUARY 27, 2000
INDEX
BID DOCUMENTS
ADVERTISEMENT FOR BIDS AB-1 TO AB-2
INFORMATION FOR BIDDERS IB-1 TO IB-5
BID FOR UNIT PRICE CONTRACT P-1 TO P-11
CONFLICT OF INTEREST CLAUSE CI-i
CONTRACT C-1 TO C-3
CONSTRUCTION CONTRACT PROVISIONS CP-1 TO CP-3
DOCUMENT LIST DL-1 TO DL-2
SPECIAL PROVISIONS
SECTION 1 - SPECIFICATIONS AND PLANS SP-1
SECTION 2 - PROPOSAL REQUIREMENTS & CONDITIONS SP-2 TO SP-5
SECTION 3 THROUGH SECTION 5 - BLANK SP-6
SECTION 6 - GENERAL SP-7 TO SP-9
SECTION 7 - BLANK SP-10
SECTION 8 - DESCRIPTION OF WORK SP-11
SECTION 9 THROUGH SECTION 55 - BLANK SP-12
TECHNICAL SPECIFICATIONS
SECTION 1 - ROOF RESTORATION & REROOF 1 - 68
MISCELLANEOUS DRAWINGS
HUD CONSTRUCTION CONTRACT PROVISIONS
I. DOCUMENTS
II . LABOR STANDARDS & PROVISIONS (DAVIS-BACON ACT)
III. EQUAL EMPLOYMENT REGULATIONS
IV. BONDING & INSURANCE REQUIREMENTS
V. SUPPLEMENTAL GENERAL CONDITIONS
VI. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT -
STANDARDS OF CONDUCT
ADVERTISEMENT FOR BIDS
PROJECT NO. F0031
City of San Bernardino
Owner
Separate sealed bids for the ADA Modernization of the 2nd
and 3rd Floor Restrooms of City Hall will be received by the
City of San Bernardino at the Office of the Purchasing
Manager, San Bernardino, City Hall, 300 North D Street,
until 2 : 00 p.m. , January 27, 2000, and then will be
publicly opened and read aloud in the Purchasing Manager' s
Conference Room, 300 North D Street, 4th Floor, San
Bernardino, California.
The information for Bidders, Form of Bid, Form of Contract,
Plans, Specifications and Forms of Bid Bond, Performance
and Payment Bond, and other contract documents may be
examined at the following:
San Bernardino City Hall, 300 North D Street
San Bernardino, California, 92418
Copies may be obtained at the Office of the Purchasing
Manager, located at City Hall, 300 North D Street, San
Bernardino, upon payment of a non-refundable amount of
$20 . 00 per set .
The Owner reserves the right to waive any informalities or
inconsequential deviations from contract Specifications, or
to reject any or all bids . ' Each bidder must deposit with
his bid, security in the amount, form and subject to the
conditions provided in the Information for Bidders .
The Contractor may substitute securities for any monies
withheld by the Agency to ensure performance under the
contract as provided for in Section 22300 and Section 10236
of the California Public Contract Code .
Attention of bidders is particularly called to the
requirements as to conditions of employment to be observed
and minimum wage rates to be paid under the contract .
The Contractor shall possess a Class "A" License or
appropriate License at the time the contract is awarded.
AB-1
All bidders shall be Contractors specifically engaged in
the installation and remodel of- restrooms, shall be
certified installers and shall have been engaged in the
installation and remodel of restrooms for not less than 5
years . Each bidder shall have performed at least 5
projects of similar size and type.
No bidder may withdraw his bid within 60 days after the
actual date of the opening thereof.
A mandatory Job Walk will be held on Thursday, January 6,
2000, at 9: 00 a.m. , at City Hall, 4t' floor Purchasing
Office, 300 N. D Street, San Bernardino, CA. This meeting
is to inform Contractors of MBE' s/WBE' s sub-contracting and
material supply opportunities.
RACHEL CLARK, City Clerk
NOTICE TO ADVERTISE
SPECIFICATION NO. F0031 SHALL
APPEAR IN FIRST ISSUE NOT LATER THAN
DATE
SECOND PUBLICATION FIVE DAYS LATER
SIGNATURE DATE
AB-2
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. January 27, 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 ADA Modernization of 2nd and 3=d Floor Restrooms of City
Hall. 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-1
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
{ti
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 l0% 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 30 working days
thereafter. Bidder must agree also to pay as liquidated
damages, the sum of $100 . 40 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,
Facilities Manager, 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
PROJECT NO. F0031
Proposal of (hereinafter
called "Bidder") * a corporation, organized and existing
under the laws of the State of a
partnership, or an individual doing business as
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:
MODERNIZATION 2' and 3rd FLOOR RESTROOMS OF CITY BALL
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 .
P-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 100 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:
*Insert corporation, partnership or individual as
applicable.
P-2
BASIC BID SCHEDULE
ADA MODERNIZATION OF 2nd & 3rd FLOOR RESTROOMS
SAN BERNARDINO CITY HALL
ITEM #1
BASE BID: Provide all labor, materials and supervision to
perform a complete ADA modernization of the 2nd and 3rd floor
restrooms in City Hall as detailed in this Specification
and Scope of work for the LUMP SUM of:
in words : $
ITEM #2
BID DELETION: Delete two-station drinking fountain on the
2nd and 3rd floors as detailed in this Specification and
Scope of Work for the LUMP SUM of:
in words : $
ITEM #3
BID DELETION/SUBSTITUTION: Substitute plastic wainscoat
for wall tile in all locations as detailed in this
Specification and Scope of Work for the LUMP SUM of:
in words : $
TOTAL BID $
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 10 working
days from the date of the "Notice to Proceed", and shall be
completed within 30 working days from the date of said
notice.
P-3
The undersigned further agrees that in case of default in
executing the contract, or furnishing necessary bonds, all
within the specified time, the proceeds of the Bidder' s
Guarantee accompanying this proposal shall be paid to the
City of San Bernardino as liquidated damages .
Licensed in accordance with an act providing for and
registration of Contractor, License No.
Classification
FIRM NAME:
BUSINESS ADDRESS :
SIGNATURES OF BIDDERS :
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.
Telephone No.
Dated: 1999
BIDDERS ACKNOWLEDGEMENT OF ADDENDUMS:
ADDENDUM NO. 1 DATE:
ADDENDUM NO. 2 DATE:
ADDENDUM NO. 3 DATE:
P-4
BIDDERS FIRM NAME
DESIGNATION OF SUB-CONTRACTORS
In compliance with the provisions of Section 4100-4110 of California Public
Contract Code of the State of California, and any amendments thereof, each
bidder shall set forth the name and location of each subcontractor who will
perform work or labor or render service to the Contractor.
Agency of
Name & Address MBE/WBE
Under Which Certification Sub-Contractor Sub-Contract Specific
Subcontractor and Number Phone No. Amount Description
Licensed (If A icable
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CERTIFICATION
I am aware of, will comply with, Section 3700 of the Labor Code,
requiring every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance before commencing any of
the work.
Contractor:
NAME OF FIRM:
BY:
TITLE:
DATE:
Pa
(This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the
affidavit on this page will result in rejection of bid.)
NON-COLLUSION AFFIDAVIT
To the Division of Public Works, Department of Development Services, City of San Bernardino
State of California:
The undersigned in submitting a bid for performing the following work by contract, being duly sworn,
deposes and says:
That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection with such contract.
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me this day of 1999.
Notary Public in and for the County of
state of California.
My Commission expires on . 19
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CONTRACTOR'S CERTIFICATION
ConCER14ING LABOR STANDARDS AND PREVAILING WAGE REOUIREMENTS
TO l:•porap
.face Recipient) DATE
PROJECT :r::3ER
C/O PROJECT :IA.".:
CITY OF SAN BERNARDINO
1. The undersigned, having executed a contract with
for the construction of the above-identified pro;ec:,
ackr:owledges that:
(a) The Labor Standards Provisions are included in the aforesaid contract:
(b) Correction of any infractions of the aforesaid conditions, including
infractions by any of his subcontractors and any laver tier sub-
contractors, is his responsibility:
2. °.e certifies that'
(a) Neither he nor any firm, partnership or association in which he has
substantial interest is designated as an ineligible contractor by the
Comptroller General of the United States pursuant to Section 5.6(b)
of the Requlations of the Secretary of Labor, Pant S (29 CFA, Part S)
or pursuant to Section 3(a) of the Davis-Sawn Act, as amended (10 O.S.C.
276&-2(a)).
(b) No part of the aforementioned contract has been or will be subeontracted
to any subcontractor if such subcontractor or any firm, corporaticli
partnership c. association in which such subcontractor has a substantial
interact is designated as an elegible contractor pursuant to any of the
aforementioned regulatory or statutory provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ton days after
t-%%e execution of any subcontract, including those executed by his subcontractors and
any lover tier subcontractors, a Subcontractor's Certification Concerning Labor
standards and Prevailing Wage Requirements executed by the subcontractors.
4. Be certifies that:
(a) The legal name and the business address of the undersigned ors:
(b) The undersigned is:
(1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN M STATE Or
(2) A PARTNERSHIP (4) OTHER ORGP•2U7.ATION (Describe)
P- 9
raja 1 of J
(c) +�,e Haas, title and address of the owner, partners or officers of the undersigned
ire:
NAB T:TLE ADDRESS
I
(d) The mass and addresses of all other parsons, both natural and corporate, having
a substantial interest in the undersigned, and this nature of the interest are
(?f non@, so state):
tiA?� ADDRESS NATURE OF INTEREST
(a) The name, addresses and trade classifications of all other building construction
contractors in which the undersigned bas a substantial interest are (Sf none, so
State):
NAB ADDRESS TRADE C1.7�SSIFICATION
(Contractor)
DATE:
. sy:
WARNING
U.S. Criminal Code, Section 1010, Title 18, U.S.C., provides in part: •Whoever,•••••
sakes, passes, utters or publishes any Statement, knowing the sass to be false ..••••
shall be fired not more thJA $5,000 or 110pr1soned not sore tMO two years, or both-
P-10
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is rsquirW pursuant to Ezowtive Order 11246 130 F. R. 12319-25). The implementing ruts and
rWUtions provide Intl ant/bidder or prosactivs Contractor,or any of their proposed stbwnv C%M.Stull=to as
an initial Orr of tho bid or negotiations of the Contract wh9w it has mnkiated in any pnvious contrset or sub.
oont:sCt subject m It+o equal oppomr Clause:and. �•whetter it has f fled all mmptianp rePartg dw under
appticabN instructions.
VA=. the owdfi ation indltstes that tM bidder has not filed a COmPl4m fNW due under 00iimbie kwtruCtions.
ouch bidder V%II be rewired to submit a compliance revert within seven calendar dew slaw bid opening. No canton
eheft be swsroed unless such repOR is submitted.
CERTIFICATION BY BIDDER
diddoes Name:
Address and Iip Cods:
1. d iddr has articiated in a previous COMM or&A mnmwt SAM to the Egwi Opp WWFdt11 Cltaas.
Ys ❑ No ❑ (If owswer is yes. ilexd'fy Zle most recent eoismet)
Z Compliance reports wen remind to be God in connection with such Com rm or uA mntrses.
Yes Co No ❑ (If onaver is yes, identify tree meat recent contract.)
3. Bidder has filed all ComolanCS eeD"due under sop0oblo karm6ons,incfudin g SF-10M
Ys ❑ No ❑ None Rowk d ❑
4. k &m wv to item 3 is"NO.-please a:plain in dmg on rrre u"of this oars f=tiwu
CartWamion—The information sbae Is true and aornpim to Ow beat of aw keawiedge and belief.
NAW w ram of S7wr mmom Typed
S'rwwr as
P-11
FORM OF BID BOND
KNow ALL ?MN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are
hereby and firmly bound unto
as owner in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly
and severally bind ourselves, our heirs, executors, administrators,
successors and assigns. Signed, this day of
19
The condition of the above obligation is such that whereas the Principal
has submitted to
a certain Did, attached hereto and hereby made a part hereof to enter
into a contract in writing, for the
NOW, THEREFORE,
a. If said Did shall be rejected, or in the alternate,
b. If- said Did shall be accepted and the Principal shall execute
and deliver a contract in the Form of contract attached
hereto (properly completed in accordance vith said Bid) and
shall furnish a bond for his faithful performance of said
contract, and shall in all other respects perform the
agreement created by the acceptan4e -of said Bid,
then this obligation shall be void; otherwise, the sass shall remain in
force and effect; it being expressly understood and agreed that the
liability of the Surety for any aad all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its bond shall be in no way impaired or
affected by any extension of the time within which the Owner may accept
such Bid; and said Surety does hereby valve notice of any such
extension.
Ze YLTNLSS WREIZOT, the Principal and the Surety have-hereunto set their
hands and suls, and such of them as are corporations have caused their
corporate •=acfficers,hthetdayfandeyeardfir�tesentloned,to be signed by
their props ,
U.S. )
Principal
Dr=
SEAL
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 ADA MODERNIZATION
OF 2nd and 3rd FLOOR RESTROOMS IN CITY HALL 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:
SAN BERNARDINO CITY HALL
C1- I
CONTRACT
THIS AGREEMENT, made this day of ,
2000, by and between the City of San Bernardino, herein
called "Owner", acting herein through its Facilities
Manager, and
STRIKE OUT (a corporation)
INAPPLICABLE
TERMS
of County of
and State of hereinafter
called the "Contractor" .
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 :
ADA MODERNIZATION 2' & 3rd FLOOR RESTROOMS
AT
SAN BERNARDINO CITY HALL
PER PROJECT NO. F0031
Hereinafter called the project, for the sum of
dollars
($ ) and all extra work in connection
therewith, under the terms as stated in the General and
Special Conditions of the Contract; and at his (its or
their) own proper cost and expense to furnish all the
materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories
and services necessary to complete the said project in
C-1
accordance with the conditions and prices state 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 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 30 working days thereafter. The Contractor
further agrees to pay, as liquidated damages, the sum of
$100 . 00 for each consecutive calendar day in finishing the
work in excess of the number of working days prescribed
above .
C-2
i
2000-85
M
AGREEMENT: ADA MODERNIZATION OF 2' AND 3RD FLOOR RESTROOMS
AT SAN BERNARDINO CITY HALL '
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: _
City Clerk Wendy cCammack
Mayor Pro Tem
(SEAL) -
Contractor
BY:
Secretary
Witness Title
Address and Zip Code
NOTE: Secretary of the Owner should attest. If Contractor
is a corporation, Secretary should attest.
Approved as to form and
Legal content :
JAMES F. NMAN, City Attorney
By:
�r C-3
BID FOR UNIT PRICE CONTRACT
PLACE SAN BERNARDINO
..
DATE Z� ap V
PROJECT NO. 10
T
Proposal of /�G=�,� �T'j� ��S/ (hereinafter
called "Bidder") *
under the laws of the State of C� L�`=df►��ii¢ a
partnership, or a individual oing business as
X 5 7—/Z e/ C Ti /-clZ 5'EK✓,(C C=
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:
MODERNIZATION 2nd and 3rd FLOOR RESTROOMS OF CITY HALL
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.
P-1
Bidder hereby agrees to commence work under this contract
on or before a date to be specified in written "Notice to t
Proceed" of the Owner and to fully complete the project
within 100 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:
a
*Insert corporation, partnership or individual as
applicable.
e
P-2
BASIC BID SCHEDULE
ADA MODERNIZATION OF 2nd & 3rd FLOOR RESTROOMS
SAN BERNARDINO CITY HALL
ITEM #1
BAS Provide all labor, materials and supervision to
perform a complete ADA modernization of the 2nd and 3rd floor
restrooms in City Hall as detailed in this Specification
and Scope of work for the LUMP SUM of:
$ y -7 4140
in words : $ - �L�!/��/ T _/Ze/0
ITEM #2 rb)/V0/7_
BID DELETION: Delete two-station drinking fountain on the
2nd and 3rd floors as detailed in this Specification and
Scope of Work for the LUMP SUM of:
$ o
in words :
ITEM #3 t74GrA2I 9F /G
BI DELETION/SUBSTITUTION:LETION/SUBSTITUTION: Substitute plastic wainscoat
for wall tile in all locations as detailed in this
Specification and. Scope of Work for the LUMP SUM of:
$ / cl9 < .�
in words :
TOTAL BID $ 'f o7 130
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
411 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 10 working
days from the date of the "Notice to Proceed", and shall be
completed within ?" working days from the date of said
notice.
P-3
I
The undersigned further agrees that in case of default in
executing the contract, or furnishing necessary bonds, all '
within the specified time, the proceeds of the Bidder' s
Guarantee accompanying this proposal shall be paid to the
City of San Bernardino as liquidated damages .
Licensed in accordance with an act providing for and
registration of Contractor, License No.
7�6
Classification /-3
FIRM NAME : r
BUSINESS ADDRESS : D Be)(
SIGNATURES OF BIDDERS :
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.
f yi,of/ig L
Telephone No.
Dated: �� r
BIDDERS ACKNOWLEDGEMENT OF DENDUMS :
ADDENDUM NO. 1 DATE: 29 7 eG
ADDENDUM NO. 2 DATE: "1- O'G
ADDENDUM NO. 3 DATE:
P-4
I
BIDDERS tIRM 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.
Agency of
Name & Address MBE/WBE
Under Which Certification Sub-Contractor Sub-Contract Specific
Subcontractor and Number Phone No. Amount Description
Licensed (If Applicable)
Iff
P-5
I
C fFp
k
CERTIFICATION
i
i
0
i
a
I am aware of, will comply with, Section 3700 of the Labor Code, z
requiring every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance before commencing any of
the work.
Contractor:
NAME OF FIRM: S �Gl/G ®�✓ t
BY:
TITLE: ��1�✓i1�
DATE:
P,7
(This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the
affidavit on this page will result in rejection of bid.)
NON-COLLUSION AFFIDAVIT
To the Division of Public Works, Department of Development Services, City of San Bernardino
State of California:
The undersigned in submitting a bid for performing the following work by contract, being duly sworn,
deposes and says:
That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection with such contract.
/ Signature o idder
C"� 5�
Business Address
Place of Residence
Subscribed and sworn to before me this day of �
A��6 C,
Notary Public in and for the o ty of
nD state of California.
My Commission expires on dt' 2
ALEC C. DOUGLAS
COMM.#1112635
NOTARY PUBLIC-CALIFORNIA
RIVERSIDE COUNTY
My Comm,Expires Oct.A,2000
OLD
P-8
orrscr or Caxxvxrrr zrvrzorVrxT
LOMMMZ"r DrVr' PM9MT SLOCX CJtd( P)tOCAAJ(
CONTRACTOR'S CERTIFICAIIO!(
CTICER14ING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Approprllce Recspien:) DATE
� �1 7
/r (/l PRO.TE.. mu:?ER (:. any)
0031
CITY OF SAN BERNARDINO
i�
"T
1. The undersigned, having executed a contract with � /ire-{
7 /)� Al-IVAPi/✓'/)W for the construction of the above-identified
acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract:
(b) Correction of any infractions of the aforesaid conditions, including
infractions by any of his subcontractors and any lover ties sub-
contractors, is his responsibility:
2. Me certifies that:
(a) Neither he nor any firm, partnership or association in which he has
substantial interest is designated as an ineligible contractor by the
Comptroller General of the United States pursuant to Section S.6(b)
of the Regulations of the Secretary of Labor, part S (29 M, past S)
or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (ID D.S.G.
276a-2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted
to any subcontractor if such subcontractor or any firm, corporation,
partnership or association in which such subcontractor has a substantial
interest is designated as an elegible contractor pursuant to any of the
aforementioned regulatory or statutory provisions.
3. Ee agrees to obtain and forward to the aforementioned recipient within ten days after
Lye execution of any subcontract, includinq those executed by his subcontractors and
any lower tier subcontractors, a Subcontractor's certification Concerninq Labor
Standards and Prevailing Wage Rsquiresents executed by the subcontractors.
a. Be certifies that:
(a) The legal name and the business address of the undersignod are:
(b) The un s:
(1) A S:NGLE PROPRSETORSHIP (3) A CORPORATION 0RGAti1= IN THE STATE 0':
(2) A PARTNERSHIP (4) OTHER 0RG`.xjZATj0N (Describe)
P- 9
sago l of J
(e) aze:naae, title and address of the o++ner, partners or officsrs of the undersiqled
N1V� T:TLT
7►DDRISS
a37 �
(d) The names and addresses of all other persons, Doti: natural and corporate,
a substantial interest in the undersigned, and the nature havinq
none, so state): of the interest err
f?:
N1rQ JIDDRESS N11TtJftE OF 1 Tr P=
-7
(e) She eases, addresses and trade classifications of all other building construction
contractors in which the undersigned bas a substantial interest are (St none, so
state):
�DQ�ESS TRADE CLASSIFICATION
DATE: ontraetor)
By
WARNING
V-S. Criminal Cod*,
Section 1010, Z1 t2. 11, V.S.C., provides in part: -whoever......
Mkes, pesses, utters or publishes any statement, JCtfOVir� the same W false ... ...
shall be tined not sore than tS,000 os tapslsaead not tors than two years, or Doty.
P-10
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
3
INSTRUCTIONS
This aartifiotion is rpuirsd pursuant to E:sanive OrcW 11246 130 F. R, 12319}251. The irrlplerKentin6 rye and
rW41 0M Orovidt that any bidder or prospective cmmunar,or"of their pmoosa0 suboonVSaors.shalt state d
an initial part of tht bid or ne40tiatioro of the oonenact wl+ethr it less participated in any pmiws contract or 6.
oontraCt subject to the epual OppORunny eiwu:and. if 10.whetter it has filed all mmpiie=reports dw undo.
apOkabb iris iom
VA= Vie camfiotion indimm that ow bidder has not filed a oompl4m report dw under&Doiioble irotrstctior�
such+ piddle sMtt be revui vd to submit a 00mplisrM MINOR within sewn olendar days after bid oprniM No ao
shsii be eeroed w unlst wch report is submitted. Mac
J/ CERTIFICATION EY BIDDER
Bidder's Name:
Addrau and Zip Cads: 29 36 K
1. Bidder has partidpaad in a previous cal to or&Amntrset subject to the Etlwi Opportunky Cuum
Ys ❑ No ED-Pt a"wer is lei. identify tAs nest recau contract.)
2. Yu C3iano rappru romired to be fi3ed in connection�firth ugh cor.c, a or s�>bm
ntriCZ.
Ys ❑ No f"aver is yet. ideauAr &At most recent contract.)
3. Bidder Ms filed ail eomoUnot rwwu due under
Ys ❑ No ❑ None Repaired � obNCttor�, �SF•1�.
d. K answer to ium 3 is"-No piaaee e:piain it dew on mm"side of this awtw=fw,
Csrstf'�tion—The information above is true and mn+olm to the bast of
t1+y ksowledge and betiei.
IW.wr rw/T.W�l sa„w frf�r Tom/
Aw
P11
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 ADA MODERNIZATION
OF 2nd and 3rd FLOOR RESTROOMS IN CITY HALL 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:
SAN BERNARDINO CITY HALL
Cl- I
i
CITY OF SAN BERNARDINO
CONSTRUCTION CONTRACT PROVISIONS
FOR FEDERALLY FUNDED PROJECTS
The following Standards, Instructions and Certifications are
provided to ensure compliance with Federal and State contracting
requirements for Federal Community Development Block Grant funded
construction projects. Documents requiring completion, signature
and submittal are indicated below and all 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-1
* Documents requiring signature under this section
include:
(a) Contractor's Certification Concerning Labor Standards
and Prevailing Wage Requirements.
(Authority - Title 29-Labor Part 3 and Part 5)
(b) Subcontractor's Certification Concerning Labor
Standards and Prevailing Wage Requirements.
(Authority - Title 29 - Labor Part 3 and Part 5)
(3) Equal Employment Requlations - This section contains Federal
Equal opportunity requirements regarding construction and
non-construction contracts.
* Affirmative Action Compliance Guidelines for
Construction and Non-Construction Contractors -- Prior
to being awarded the contract, the selected contractor
an subcontractor(s) who meet the guideline criteria for
filing, must complete and submit the Affirmative Action
Plan. This provision generally applies to contracts
and subcontracts in excess of $10, 000. (Authority -
Executive Order 11246 as amended by Executive Order
11375 and Executive Order 11246 as amended by Executive
Order 11375 and Title 41 -- Public Contracts and
Property Management, Part 60) .
The following applies to all contracts and subcontracts
with a value in excess of $10, 000. 00 unless otherwise
noted.
* Equal Opportunity Requirements -- Includes a summary of
Equal Opportunity requirements all contractors and
subcontractors are subject to comply with regardless of
contract value. (Authorities cited in text) .
* Equal Employment Opportunity -- Executive Order 11246
as amended by Executive Order 11375.
* Affirmative Action for Disabled Veterans and Veterans
of the Vietnam Era.
* Affirmative Action for Handicapped Workers.
CP-2
* Documents requiring signature under this section
include:
a) Certification of Bidder Regarding Equal Employment
Opportunity.
b) Certification By Proposed Subcontractor Regarding
Equal Employment Opportunity.
C) "Section 3" Clause With Certification.
d) Affirmative Action Policy for Contractors and
Vendors.
e) Contract Compliance Qualifying Report for
Construction Contractor and Vendors.
(4) Bonding and Insurance Reguirements -- This section is
contained in " (1) Documents", and contains the minimum
bonding requirements for construction service contracts.
a) Form of Bid Bond -- This is an example of the bid
guarantee required from each bidder. The bid bond must
be at least ten percent of the bid price and submitted
with the bid.
b) Form of Performance Bond -- This is an example of the
performance bond required from the prime contractor.
The performance bond must be at least 100 percent of
the contract price and submitted upon execution of the
contract.
(5) Supplemental General Conditions -- This item is contained in
11 (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 Housing 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 11 (1) Documents" section.
CP-3
DOCUMENT LIST
(A) CONTRACTOR DOCUMENTS TO BE SUBMITTED WITH BID
1. Contractor Certification Concerning Labor Standards and
Prevailing Wage Requirements -- (Authority - Title
29 , Parts 3 and 5, and Federal Labor Standards
Provisions -- HUD-4010) .
2 . Certification of Bidder Regarding Equal Employment
Opportunity -- (Authority - Executive Order 11246 as
amended) .
3 . Bid Bond -- In conformance with the example "Form of
Bid Bond" . (Minimum Bonding Requirements established
by City for Federally Funded Projects) .
4 . List of all Subcontractort (s) addresses, license
numbers, their Contractor I. D. numbers, dollar amount
of subcontractors, and specific description of
subcontracts.
(B) CONTRACTOR AND SUBCONTRACTOR DOCUMENTS TO BE SUBMITTED PRIOR
TO OR AT A TIME OF CONTRACT EXECUTION
1. Subcontractors Certification Concerning Labor
Standards and Prevailing Wage Requirements -- To be
provided by all subcontractors (Authority - Title 29
CFR, Parts 3 and 5, and Federal Labor Standards
Provisions -- HUD-4010) .
2 . Certification by Proposed Subcontractor Regarding Equal
Employment Opportunity -- To be provided by all
subcontractors. (Authority - Executive Order 11246 as
amended) .
3 . Section 3 Clause with Certification -- To be provided
by Contractor and all Subcontractors. (Authority -
cited in text of clause) .
4 . Contract Compliance Qualifying Report for Construction
Contractors and Vendors -- To be submitted by
Contractor for all projects with a value of $10, 000. 00
or more. (Authority - Executive Order 11246 as
amended, Title VII of the Civil Rights Act of 1964, as
amended and the California Fair Employment Practice
Act. )
DL-1
5 . Affirmative Action Policy for Contractors and Vendors
-- To be submitted by Contractors and Subcontractors
with contract and subcontracts valued at $10, 000. 00 or
more. (Authority - Executive Order 11246 as amended;
Title VII of the Civil Rights Act of 1964 , as amended;
Section 503 of the Rehabilitation Act of 1973 ; the
California Fair Employment Practices Act, and the City
of San Bernardino's Affirmative Action Program) .
6. Certification of Compliance with Air and Water Acts --
To be provided by Contractor and Subcontractors with
contracts and subcontracts valued at $100, 000. 00 or
more. (Authority - cited in Text of Acts) .
7. Performance Bond -- To be provided by Contractor in
accordance with example, "Form of Performance Bond" .
8 . Labor and Materials Bond -- To be provided by
Contractor in accordance with example, "Form of Labor
and Materials Bond" .
9 . Certification by Proposed Contractor Regarding Japanese
Contract Restrictions.
In addition to the above-named items, the Contractor must provide
the following as noted: (Forms provided by Public Works
Department prior to construction. )
WEEKLY 1. Contractor Certified Payroll Reports -- (Payroll
Form WH-347) . (Authority - Title 29 CFR, Parts 3
and 5) .
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 Subcontractors 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, 1997 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 following terms are used, they shall be understood to
mean and refer to the following:
Agency - The City of San Bernardino.
Board - The Mayor and Common Council for the City
of San Bernardino.
Engineer - The Director of Public Work/City Engineer
for the City of San Bernardino.
Laboratory - The laboratory to be designated by the
City of San Bernardino to test materials
and worked involved in the contract.
Notice Advertising for Bids
Notice Inviting Bids.
Standard Specifications
Standard Specifications for Public Works
Construction.
Other terms appearing in the Standard Specifications, and
these Special Provisions, shall have the intent and meaning
specified in Section 1-2, "Definitions" , in the Standard Speci-
fications.
In case of conflict between the Standard Specifications, and
these Special Provisions, the Special Provisions will take
precedence over and be used in lieu of such conflicting portions.
SP-1
SECTION 2
2-1 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1. 01 General -- Bids must submitted on the proposal form
contained herein. All bids or proposals shall be signed, sealed
and accompanied by cash, cashier's check or bid bond made payable
to the City of San Bernardino, in the amount of ten percent (10%)
of the bid. Such cash, check or bond shall be given a guarantee
that the bidder will enter into the contract, if awarded to him.
In the event the bidder, to whom the contact is awarded, refuses to
execute said contract, the use by the public of the improvements
will be delayed and the public will suffer great damage. From the
nature of the case, it would be extremely difficult and impractical
to fix said amount of damage. Therefore, the City and the bidder
agree that the proposal guarantee of 10% of the bid shall be paid
to the City as a forfeiture. Bid bonds shall be underwritten by
a surety company having a rating Best's most recent Insurance Guide
of "A" or better.
2-1. 02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A
policy for establishing goals for participation of Minority and
Women's Business Enterprises (MBE/WBE) was adopted by Resolution
No. 95-409 of the Mayor and Common Council of the City of San
Bernardino, on 11-20-95. This outreach program superseded
Resolution No. 93-411 and the Standard Operation Procedures dated
January 1994 .
Bidder's or Proposer's outreach efforts (good faith efforts)
must reach out to MBEs, WBEs and all other business enterprises.
Prime bidders could reasonably be expected to produce a level of
participation by interested subcontractors of -0- % MBE and
-0- % WBE on this project.
Bidders shall make every reasonable effort to solicit bids
from MBE/WBEs.
A justification shall be provided to support the rejection of
any bid from a minority or women's business enterprise, certified
by Caltrans.
SP-2
POLICY
MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES
AND CITY PROCUREMENTS
It is the policy of the City of San Bernardino to provide
Minority Business Enterprises (MBEs) , Women Business Enterprises
(WBEs) and all other enterprises an equal opportunity to
participate in the performance of all City contracts. Bidders
and proposers, -shall assist the City in implementing this policy
by taking, 'all reasonable steps to ensure that all available
business enterprises, including local MBEs and WBEs, have an
equal opportunity to compete for and participate in City
contracts. Bidders' or proposers' good faith efforts to reach-
out to MBEs, WBEs and all other business enterprises shall be
determined by the following factors:
(1) The bidder or proposer attended pre-solicitation or
pre-bid meetings, if any, scheduled by the City to inform all
bidders or proposers of the requirements for the project for
which the contract will be awarded. The City may waive this
requirement if the bidder or proposer certifies it is informed as
to those project requirements.
(2) The bidder or proposer identified and selected specific
items of the project for which the contract will be awarded to be
performed by sub-contractors to provide an opportunity for
participation by MBEs, WBEs and other business enterprises. The
bidder or proposer shall, when economically feasible, divide
total contract requirements into small portions or quantities to
permit maximum participation of MBEs, WBEs and other business
enterprises.
(3) The bidder or proposer advertised for bids or proposals
from interested business enterprises not less than ten calendar
days prior to the submission of bids or proposals, in one or more
daily or weekly newspapers, trade association publications,
minority or trade oriented publications, trade journals, or other
media specified by the City.
(4) The bidder or proposer provided written notice of its
interest in bidding on the contract to those business
enterprises, including MBEs and WBEs, having an interest in
participating in such contracts. All notices of interest shall
be provided not less than ten calendar days prior to the date the
SP-3
bids or proposals were required to be submitted. In all
instances, the bidder or proposer must document that invitations
for sub-contracting bids were sent to available MBEs, WBEs and
other business enterprises for each item os work to be performed.
The Mayor's Affirmative Action office shall be available to
help identify interested MBEs, WBEs and other business
enterprises.
(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 Municipal Code.
The 'directions set forth herein shall take effect
immediately, and all City Departments shall modify their
implementation programs to the extent such programs are
inconsistent with this policy.
SP-5
r
SECTION 3 THROUGH SECTION 5
BLANK
SP-6
a
SECTION 6
6-1 GENERAL
6-1. 01 INCREASED OR DECREASED QUANTITIES -- 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 compensation 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 REQUIREMENTS -- 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 may or 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 obtain a
City Business Registration, prior to the execution of the
contract.
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. 05- HOURS OF LABOR -- In the event that the Engineer is
required by 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 legal 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 -- The contractor shall
maintain a neat appearance to the work.
SP-8
In any area visible to the public, the following shall
apply:
When practicable, broken concrete and debris
developed during clearing and grubbing shall be
disposed of concurrently with its removal. If
stockpiling is necessary, the material shall be removed
or disposed of weekly.
6-1.08 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL --
Unless otherwise specified, all excess excavation or removed
material shall become the property of the Contractor and shall be
disposed of by-him away from the site of the work.
Full 'compensation for conforming to the requirements of
Section 6 shall be considered as included in the prices paid for
the various contract items of work involved and no additional
compensation will be allowed therefor.
6-1. 09 ATTORNEYS' FEES -- The prevailing party in any
legal action to enforce or interpret any provisions of this
Agreement will be entitled to recover from the losing party all
attorneys' fees, court costs, and necessary disbursements in
connection with that action. The costs, salary, and expenses of
the City Attorney, and members of his office, in connection with
that action shall be considered as attorneys' fees for the
purposes of this Agreement.
SP-9
SECTION 7
BLANK
SP-10
SECTION 8
8-1 DESCRIPTION OF WORK
8-1 . 01 DESCRIPTION - The work to be done consists, in
general, of modernizing the 2nd and 3rd floor restrooms in
San Bernardino City Hall to meet current codes and
requirements of the Americans With Disabilities act (ADA) .
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 Facilities
Manager.
SP-11
SECTION 9 THROUGH SECTION 55
BLANK
SP-12
PROJECT MANUAL
FOR THE CONSTRUCTION OF
SAN BERNARDINO CITY HALL
RESTROOMS UPGRADE
300 NORTH D STREET
SAN BERNARDINO, CA 92401
Project # 97-208 & 98-243
GARY W. MILLER, ARCHITECT & ASSOCIATES, INC.
350 WEST 5TH STREET - SUITE 201
SAN BERNARDINO, CA 92401
NOVEMBER 1999
MAN. NO.
TABLE of CONTENTS
SPECIFICATIONS
DIVISION 01 - GENERAL REQUIREMENTS
DIVISION 02 - SITE CONSTRUCTION
NOT USED
DIVISION 03 - CONCRETE
NOT USED
DIVISION 04 - MASONRY
NOT USED
DIVISION 05 - METALS
05050 BASIC METAL MATERIALS AND METHODS
05081 PRIMING
DIVISION 06 - WOOD AND PLASTICS
06050 BASIC WOOD AND PLASTIC MATERIALS AND METHODS
06070 WOOD TREATMENT
06090 WOOD AND PLASTIC FASTENINGS
06100 ROUGH CARPENTRY
06110 WOOD FRAMING
06200 FINISH CARPENTRY
06201 GENERAL FINISH CARPENTRY
06202 DOOR, FRAME, AND FINISH HARDWARE INSTALLATION
06221 MISCELLANEOUS TRIM AND MOLDING
06400 ARCHITECTURAL WOODWORK
06401 GENERAL ARCHITECTURAL WOODWORK
06450 STANDING AND RUNNING TRIM
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
07200 THERMAL PROTECTION
97-208 & 98-243 1
S.B. City Hall Restrooms Upgrade Table of Contents
07212 FACED BATT INSULATION
07800 SMOKE AND FIRE PROTECTION
07840 FIRESTOPPING
07900 JOINT SEALERS
07920 JOINT SEALANTS
DIVISION 08 - DOORS AND WINDOWS
08100 METAL DOORS AND FRAMES
08112 STANDARD STEEL DOORS
08115 STANDARD STEEL FRAMES
08700 HARDWARE
08701 GENERAL HARDWARE REQUIREMENTS
08711 HANGING DEVICES
08713 OPERATING TRIM
08715 CLOSING DEVICES
08716 PROTECTIVE PLATES AND TRIM
08717 STOPS AND HOLDERS
08718 ACCESSORIES
08810 GLASS
DIVISION 09 - FINISHES
09200 PLASTER AND GYPSUM BOARD
09250 GYPSUM BOARD
09300 TILE
09305 TILE SETTING MATERIALS AND ACCESSORIES
09310 CERAMIC TILE
09600 FLOORING
09651 RESILIENT BASE AND ACCESSORIES
09652 RESILIENT SHEET FLOORING
09900 PAINTS AND COATINGS
09901 GENERAL PAINTING AND COATING REQUIREMENTS
09923 PAINTED INTERIOR GYPSUM BOARD, PLASTER
09924 INTERIOR PAINTED METAL
09925 INTERIOR PAINTED WOOD
97-208 & 98-243 2
S.B. City Hall Restrooms Upgrade Table of Contents
DIVISION 10 - SPECIALTIES
10150 COMPARTMENTS AND CUBICLES
10160 METAL TOILET COMPARTMENTS
10400 IDENTIFYING DEVICES
10441 INTERIOR CODE SIGNS
10800 TOILET, BATH, AND LAUNDRY ACCESSORIES
10811 COMMERCIAL TOILET ACCESSORIES
END OF TABLE OF CONTENTS
97-208 & 98-243 3
S.B. City Hall Restrooms Upgrade Table of Contents
DIVISION 05
METALS
05050 BASIC METAL MATERIALS AND METHODS
05081 PRIMING
END OF TABLE OF CONTENTS
97-208 & 98-243 1 Division 05
S.B. City Hall Restrooms Upgrade Table of Contents
Wb
SECTION 05081
PRIMING
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Quality of factory-applied priming applied to steel supplied to Project without finish coat.
2. Quality of primer applied to field welded steel immediately after welding.
B. Related Sections
1. Division 09 - Performance of finish painting
PART 2 PRODUCTS
2.1 MATERIALS
A. Primer
1. On Plain Iron Or Steel - Conform to Fed Spec TT-P-645A except primer on unexposed
surfaces may be fabricator's standard shop coat.
2. Repair Of Welded Areas Or Damaged Areas On Galvanized Metal -
a. Approved Manufacturers -
1) Galvax by Alvin Products Inc, Lawrence, MA (508) 975-4580
2) ZRC Cold Galvanizing Compound by ZRC Chemical Products Co, Quincy,
MA (617)328-6700
PART 3 EXECUTION
3.1 APPLICATION
A. Thoroughly clean metal and give one prime coat of specified material, well-worked into metal
joints and open spaces.
1. Do not apply primer at temperatures below 45 deg F.
2. Protect machine-finished surfaces against corrosion.
3. Clean welds, grind serious abrasions, and apply field primer or zinc-rich coating as
required.
END OF SECTION
97-208 &98-243 1 Section 05081
S.B. City Hall Restrooms Upgrade Priming
DIVISION 06
WOOD AND PLASTICS
06050 BASIC WOOD AND PLASTIC MATERIALS AND METHODS
06070 WOOD TREATMENT
06090 WOOD AND PLASTIC FASTENINGS
06100 ROUGH CARPENTRY
06110 WOOD FRAMING
06200 FINISH CARPENTRY
06201 GENERAL FINISH CARPENTRY
06202 DOOR, FRAME, AND FINISH HARDWARE INSTALLATION
06221 MISCELLANEOUS TRIM AND MOLDING
06400 ARCHITECTURAL WOODWORK
06401 GENERAL ARCHITECTURAL WOODWORK
06450 STANDING AND RUNNING TRIM
END OF TABLE OF CONTENTS
97-208 & 98-243 1 Division 06
S.B. City Hall Restrooms Upgrade Table of Contents
SECTION 06070
WOOD TREATMENT
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Quality of wood preservative treatment where specified.
B. Related Sections
1. Section 06110 -
a. Quality of wood to be pressure treated.
b. Furnishing and installing of pressure treated wood.
1.2 REFERENCES
A. American Wood-Preserver's Association Standards
1. AWPA C1-96, 'All Timber Products, Pressure Treatment'
2. AWPA C2-96, `Lumber, Timbers, Bridge Ties and Mine Ties, Pressure Treatment'
3. AWPA C9-96, `Plywood, Pressure Treatment'
4. AWPA N1-96. 'All Millwork, Preservative Treatment by Non-Pressure Process'
1.3 SUBMITTALS
A. Quality Assurance / Control - Certificate of pressure treatment showing compliance with
specification requirements.
PART 2 PRODUCTS
2.1 MATERIALS
A. Pressure Treatment Of Wood
1. General -
a. Framing lumber grade and species shall be as specified in Section 06110 for
particular use.
b. Permanently identify treated lumber with name of inspection agency, preservative
used, name of treating plant, retention in Ibs/cu ft, and suitable end use.
C. Season after treatment to moisture content required for non-treated material.
2. Lumber - Treat in accordance with AWPA C2 and dry after treatment.
PART 3 EXECUTION - Not Used
END OF SECTION
97-207 & 98-243 1 Section 06070
S.B. City Hall Restrooms Upgrade Wood Treatment
SECTION 06090
WOOD AND PLASTIC FASTENINGS
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Quality of wood fastening methods and materials unless specified otherwise.
B. Related Sections
1. Division 05 - Quality of bolts used on Project.
2. Nails specified in individual Sections where installed.
1.2 SUBMITTALS
A. Shop Drawings - Submit on framing anchors and powder actuated fasteners other than those
specified in Contract Documents showing design criteria equivalents at each application.
B. Quality Assurance / Control - Manufacturer's literature on framing anchors and powder
actuated fasteners.
PART 2 PRODUCTS
2.1 MATERIALS
A. Fasteners And Adhesives
1. Wood Screws - Standard type and make for job requirements.
2. Expansion Bolts - Standard type and make for job requirements.
3. Powder Actuated Fasteners -
a. Acceptable Manufacturers -
1) Hilti, Tulsa, OK (800)879-8000
2) ITW Ramset, Wood Dale, IL (630)350-0370
3) Equals as approved by Architect through shop drawing submittal before
installation. See Section 01600.
4. Construction Mastics - Meet requirements of American Plywood Association
Specification AFG-01 September 1974. Use phenol resorcinol type for use on pressure
treated wood products.
B. Framing Anchors
1. Acceptable Manufacturers -
a. Advanced Connector Systems (ACS), Phoenix, AZ (800)462-6779
b. Simpson Strong Tie Co, San Leandro, CA (800) 999-5099
C. Equals as approved by Architect through shop drawing submittal before
installation. See Section 01600.
PART 3 EXECUTION
3.1 ERECTION
A. Secure one Manufacturer approved fastener in each hole of framing anchor that bears on
framing member unless approved otherwise in writing by Architect. 'Boss' system by ACS is
acceptable nailing system for framing anchors.
B. Provide bolt heads and nuts bearing on wood with washers.
END OF SECTION
97-207 &98-243 1 Section 06090
S.B. City Hall Restrooms Upgrade Wood And Plastic Fastenings
SECTION 06110
WOOD FRAMING
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Furnish and install wood framing and blocking as described in Contract Documents.
k B. Related Sections
1. Sections Under 06050 Heading - Basic Wood And Plastics Materials And Methods
1.2 DELIVERY, STORAGE, AND HANDLING
A. Protect lumber and plywood and keep under cover in transit and at job site.
B. Do not deliver material unduly long before it is required.
C. Store lumber and plywood on level racks and keep free of ground to avoid warping. Stack to
insure proper ventilation and drainage.
D. Handle and store wood trusses in accordance with 'HIB-91'except trusses may be unloaded by
dumping if trusses are shipped horizontally,are rolled off low profile roller bed trailer, and no part
of any truss is required to drop more than 18 inches.
PART 2 PRODUCTS
2.1 MATERIALS
A. Dimension Lumber
1. Meet requirements of PS 20-70 and National Grading Rules for softwood dimension
lumber.
2. Bear grade stamp of WWPA, SPIB, or other association recognized by American Lumber
Standards Committee identifying species of lumber by grade mark or by Certificate of
Inspection.
3. Lumber 2 inches or less in nominal thickness shall not exceed 19 percent in moisture
content at time of fabrication and installation and be stamped 'S-DRY', 'K-D', or'MC15'.
4. Lumber shall be S4S.
5. Pressure Treated Plates/Sills -
a. 2x4 - Standard and better Douglas Fir, Southern Pine, or HemFir.
b. 2x6 And Wider - No. 2 Douglas Fir, Southern Pine, or HemFir.
6. Horizontal Framing, 2x4 Bearing Walls, And Interior 2x6 Bearing and Shear Walls - Of
quality to meet minimum stress grade requirements given in table below. Stresses shown
are for Southern Pine No. 2, Douglas Fir No. 2, or HemFir No. 1 and are allowable for
repetitive use. Other lumber species and grades which meet or exceed these stresses
may be used.
2x4's 2x6's 2x8's 2x10's 2x1 2's
Fb Bending 1510 1310 1210 1105 1005
Ft Tension 825 725 650 575 550
Fv Shear 75 75 75 75 75
Fc Perpendicular 405 405 405 405 405
Fc Parallel 1495 1430 1365 1300 1300
E 1.5x106 1.5x106 1.5x106 1.5x106 1.5x106
7. Exterior 2x6 Bearing - Douglas Fir, HemFir, or Southern Pine, Stud Grade.
8. Interior Non-bearing Partitions - Douglas Fir, HemFir, or Spruce / Pine/ Fir (WWPA),
Standard, Construction, Stud, or Better
97-207 & 98-243 1 Section 06110
S.B. City Hall Restrooms Upgrade Wood Framing
B. Posts, Beams,And Timbers 5 Inches by 5 Inches And Larger - No. 1 or better Douglas Fir or
Southern Pine.
C. Lumber Ledgers - No. 1 Douglas Fir, Larch, or Southern Pine.
D. Accessory/Equipment Mounting And Gypsum Board Back Blocking - Full sized, sound lumber
without splits, warps, wane, loose knots, or knots larger than 1/2 inch.
E. Furring Strips - Utility or better.
F. Sill Sealer - Closed-cell polyethylene foam, 1/4 inch thick by width of plate.
PART 3 EXECUTION
3.1 ERECTION
A. General - Use pressure treated wood for wood members in contact with concrete or masonry,
including wall, sill, and ledger plates, door and window subframes and bucks, etc.
B. Interface With Other Work - Coordinate with other Sections for location of blocking required for
installation of equipment and building specialties. Do not allow installation of gypsum board until
required blocking is in place.
C. Walls
1. Openings - Double studs unless shown otherwise.
2. Corners And Partition Intersections - Triple studs.
3. Top Plates In Bearing Partitions - Doubled or tripled and lapped. Stagger joints at least
4 feet.
4. Ends Of Stud Wall To Masonry - Use one of the following methods.
a. Connect with 1/2 inch machine bolts 6 inches from top, 6 inches from bottom, and
48 inches maximum on center. Use three bolts minimum in height of 6 foot or
higher wall.
b. Secure wood to masonry using continuous 114 inch minimum bead of construction
adhesive and powder acuated fasteners installed at 32 inches on center minimum.
5. Firestops - Spaces in wall over 10 feet high, at ceiling and floor levels, and stairs.
6. Sills Plates -
a. Fasten sill plates of bearing and shear walls with bolts embedded on slab. Fasten
sill plates of non-bearing walls with powder actuated fasteners. In addition to these
requirements, set sill plates of interior walls measuring less than three feet in length
in solid bed of specified construction adhesive, except where sill sealer is used.
b. Install specified seal sealer under sill plates of exterior walls of main building and
of acoustically insulated interior walls.
7. Posts And Columns -
a. Frame wood columns and posts to true end bearings.
b. Extend posts or columns down to supports of such design as to hold them securely
in position.
C. Securely fasten column at top to beam or girder using anchors described in
Contract Documents.
8. Nailing -
a. Stud to plate -
1) 2x4 - End nail, two 16d.
2) 2x6 - End nail, three 16d.
3) 2x8 - End nail, four 16d.
4) 2x10 - End nail, five 16d.
5) 1-3/4 by 5-1/2 Inch LVL - End nail, three 16d.
6) 1-3/4 by 7-1/4 Inch LVL - End nail, four 16d.
7) 1-3/4 by 9-1/4 Inch LVL - End nail, five 16d.
8) 1-3/4 by 11-1/4 Inch LVL - End nail, six 16d.
97-207 & 98-243 2 Section 06110
S.B. City Hall Restrooms Upgrade Wood Framing
b. Top plates - Spiked together, 16d, 24 inches on center.
C. Top plates - Laps and intersections, two 16d.
d. Backing And Blocking - Two 16d, each end.
e. Corner studs and angles - 16d, 24 inches on center.
D. Accessory/ Equipment Mounting And Gypsum Board Back Blocking (nailers)
1. Furnish and install blocking in wood framing required for hardware, specialties,
equipment, accessories, and mechanical and electrical items, etc.
2. Furnish and install back blocking in wood framing required for joints in gypsum wallboard.
Install back blocking between roof framing members with 'L'or'Z'clips attached with four
10d nails at each end.
3. Attach blocking not installed with clips with two fasteners in each end of each piece of
blocking.
E. Furring Strips
1. On Wood or Steel - Nail or screw as required to secure firmly.
2. On Concrete or Masonry -
a. Back up furring strips on exterior walls or walls in contact with earth with 15 lb felt
strip.
b. Nail at 12 inches on center maximum.
END OF SECTION
97-207 & 98-243 3 Section 06110
S.B. City Hall Restrooms Upgrade Wood Framing
SECTION 06201
GENERAL FINISH CARPENTRY REQUIREMENTS
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Furnish and install sealants required for items installed under this Section, as described
in Contract Documents.
B. Products Installed But Not Supplied Under This Section
1. Architectural Woodwork
2. Finish Hardware
3. Selected Building Specialties
4. Selected Equipment
5. Miscellaneous as specified elsewhere
C. Related Sections
1. Sections under 06400 heading - Furnishing of Architectural Woodwork
2. Section 06401 - Quality of wood materials to be used in Finish Carpentry
3. Division 07 - Quality of sealants, submittal and installation requirements
4. Division 08 -
a. Furnishing of Finish Hardware
5. Division 09 -
a. Back priming of work to be installed against concrete or masonry or subjected to
moisture.
6. Division 10 - Furnishing of Building Specialties
PART 2 PRODUCTS
2.1 MATERIALS
A. Glue - Waterproof and of best quality.
PART 3 EXECUTION
3.1 INSTALLATION
A. General Woodwork
1. Work shall be made in accordance with measurements taken on the job.
2. Scribe, miter, and join accurately and neatly to conform to details.
3. Exposed surfaces shall be machine sanded, ready for finishing.
4. Allow for free movement of panels.
5. Countersink nails. Countersink screws and plug those exposed to view.
B. Architectural Woodwork - Install plumb, level, and square.
C. Items Installed But Not Supplied Under This Section - Install in accordance with requirements
specified in Section supplying item.
END OF SECTION
97-208 &98-243 1 Section 06201
S.B. City Hall Restrooms Upgrade ish Carpentry Req.
SECTION 06202
DOOR, FRAME, AND FINISH HARDWARE INSTALLATION
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Furnish and install sealants for calking door frames as described in Contract Documents.
B. Products Installed But Not Supplied Under This Section
1. Hollow metal doors
2. Hollow metal door frames
3. Finish hardware
C. Related Sections
1. Division 07 - Quality of sealants
2. Division 08 -
a. Furnishing of doors and metal frames
b. Furnishing of finish hardware
1.2 SUBMITTALS
A. Quality Assurance/Control
1. Inspection report verifying correct operation and adjustment of installed hardware.
2. Copy of'Installation Guide for Doors & Hardware' by Door& Hardware Institute. Guide
may be obtained from Door and Hardware Institute (DHI).
1.3 QUALITY ASSURANCE
A. Regulatory Requirements - Fire door installations shall meet code requirements.
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION
3.1 INSTALLATION
A. Hollow Metal Frames
1. Site Tolerances -
a. Squareness - 1/16 inch from top edge to opposite top edge.
b. Plumbness - 1/16 inch from top of jamb to bottom of jamb.
C. Alignment - 1/16 inch from plane of left side face of jamb to right side face of
jamb.
d. Twist - 1/16 inch across throat of jamb plane measured across each face to plane
of opposite jamb throat.
e. Finished Clearance Between Door And Frame -
1) 1/16 inch at head and hinge jamb plus 1116 maximum
2) 1/8 inch at strike jamb plus or minus 1/16 inch maximum.
3) 1/2 inch to top of finished floor surface or 1/4 inch to top of threshold, plus
or minus 1116 inch maximum.
2. Set frame in location and level head.
3. Equalize with adjustable floor anchor.
97-208 &98-243 1 Section 06202
S.B. City Hall Restrooms Upgrade Door, Frame, And Finish Hardware Installation
4. Set spreaders and fasten jambs to floor and wall.
a. Wood spreaders shall be square,fabricated from lumber one inch minimum thick,
be same length as door opening at header, and same depth as frame.
b. Cut notches for frame stops.
C. Do not remove spreaders until frames are permanently anchored in wall.
d. Use one spreader at base of frame and another at strike level.
e. Do not use temporary spreaders welded to base of jambs during installation of
frame.
5. Fill gap between frame and framing with urethane foam or fiberglass insulation. If
urethane foam is used, coat interior of frames with foam prior to installing frame. Trim
excess before installation of frame.
6. Calking -
a. Calk around both sides of frames of doors receiving acoustical seals with specified
sealant.
B. Doors
1. When Project is completed, doors shall not bind, stick, or be mounted so as to cause
future hardware difficulties.
2. Do not impair utility or structural strength of door in fitting of door, applying hardware, or
cutting and altering door louvers, panels, or other special details.
C. Hardware
1. General -
a. Install using set of Manufacturer's installation, adjustment, and maintenance
instructions submitted with hardware under Section 08701. Follow as closely as
possible.
b. Mount closers on jamb stop side of door (Parallel Arm) where it is physically
possible to do so and not hinder operation of door or closer.
END OF SECTION
97-208 &98-243 2 Section 06202
S.B. City Hall Restrooms Upgrade Door, Frame, And Finish Hardware Installation
SECTION 06221
MISCELLANEOUS TRIM AND MOLDING
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Furnish and install wood trim not specified elsewhere as described in Contract
Documents.
B. Related Sections
1. Section 06201 - General Finish Carpentry Requirements
2. Section 06450 - Standing And Running Trim.
PART 2 PRODUCTS
2.1 MATERIALS
A. Meet requirements of Section 06401.
1. Softwood - Solid stock Pine, C or better, S4S.
2. Hardwood - Plain sawn Red Oak.
PART 3 EXECUTION - Not Used
END OF SECTION
97-208 & 98-243 1 Section 06221
S.B. City Hall Restrooms Upgrade Miscellaneous Trim And Molding
SECTION 06401
GENERAL ARCHITECTURAL WOODWORK REQUIREMENTS
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. General standards for materials and fabrication of Architectural Woodwork and for
hardware associated with Architectural Woodwork.
B. Related Sections
1. Section 06110 - Furring and blocking
2. Division 09 - Filling of nail holes and finishing
1.2 REFERENCES
A. Architectural Woodwork Institute
1. AWI, 'Architectural Woodwork Quality Standards, 7th Edition, Version 1.0, 1997'
1.3 SYSTEM DESCRIPTION
A. Performance Requirements - AWI Custom Grade is minimum acceptable standard, except
where explicitly specified otherwise, for materials, construction, and installation of architectural
woodwork.
1.4 SUBMITTALS
A. Product Data - Manufacturer's literature for specialty items and hardware not manufactured by
Architectural Woodwork fabricator.
B. Samples - Samples of wood specie and veneered panel product used in architectural
woodwork which is to receive transparent finish, if requested by Architect.
1.5 DELIVERY, HANDLING,AND STORAGE
A. Assemble architectural woodwork at Architectural Woodwork Fabricator's plant and deliver ready
for erection insofar as possible.
B. Protect architectural woodwork from moisture and damage while in transit to job site. Unload
and store in place where it will be protected from moisture and damage and convenient to use.
PART 2 PRODUCTS
2.1 MATERIALS
A. Lumber
1. Grade -
a. No defects in boards smaller than 600 sq in.
b. One defect per additional 150 sq inches in larger boards.
C. Select pieces for uniformity of grain and color on exposed faces and edges.
d. No mineral grains accepted.
2. Allowable Defects -
a. Tight knots not exceeding 1/8 inch in diameter. No loose knots permitted.
b. Patches (dutchmen) not apparent after finishing when viewed beyond 18 inches.
C. Checks or splits not exceeding 1/32 inch by 3 inches and not visible after finishing
when viewed beyond 18 inches.
97-207 & 98-243 1 Section 06401
S.B. City Hall Restrooms Upgrade General Architectural Woodwork Req.
d. Stains, pitch pockets, streaks, worm holes, and other defects not mentioned are
not permitted.
e. Normal grain variations, such as cats eye, bird's eye, burl, curl, and cross grain are
not considered defects.
3. Use maximum lengths possible, but not required to exceed 10 feet without joints. No
joints closer than 6 feet in straight run.
4. Moisture content shall be 6 percent maximum at fabrication. No opening of joints due to
shrinkage is acceptable.
2.2 FABRICATION
A. Fabricate work in accordance with measurements taken on job site.
B. 'Ease' sharp corners and edges of exposed members to promote finishing and protect users
from slivers.
C. Joints
1. Use lumber pieces with similar grain pattern when joining end to end.
2. Compatibility of grain and color from lumber to panel products is required.
D. Finish Tolerances
1. No planer marks (KCPI) allowed. Sand all wood members and surfaces to 100 grit.
2. Maximum Gap - None allowed.
3. Flushness Variation - 0.015 inch maximum.
4. Sanding Cross Scratches - 0.250 inch maximum
5. Plug screw holes. Screw locations not to be visible beyond 18 inches.
E. Install hardware in accordance with Manufacturer's directions. Leave operating hardware
operating smoothly and quietly.
F. Remove or repair damaged surface of or defects in exposed finished surfaces of architectural
woodwork to match adjacent similar undamaged surface.
PART 3 EXECUTION - Not Used
END OF SECTION
97-207 &98-243 2 Section 06401
S.B. City Hall Restrooms Upgrade General Architectural Woodwork Req.
SECTION 06450
STANDING AND RUNNING TRIM
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Chair rails
B. Related Sections
1. Section 06201 - Installation
2. Section 06221 - Remaining wood trim
3. Section 06401 - General Architectural Woodwork Requirements
1.2 SUBMITTALS
A. Shop Drawings - Include materials used, standing and running trim profiles,joint details, and
hardware.
PART 2 PRODUCTS
2.1 MATERIALS
A. Interior Wood For Opaque Finish
1. Solid wood shall be any species allowed by AWI Custom grade.
PART 3 EXECUTION - NOT USED
END OF SECTION
97-207 &98-243 1 Section 06450
S.B. City Hall Restrooms Upgrade Standing And Running Trim
DIVISION 07
THERMAL AND MOISTURE PROTECTION
07200 THERMAL PROTECTION
07212 FACED BATT INSULATION
07800 SMOKE AND FIRE PROTECTION
07840 FIRESTOPPING
07900 JOINT SEALERS
07920 JOINT SEALANTS
END OF TABLE OF CONTENTS
97-207 & 98-243 1 Division 07
S.B. City Hall Restrooms Upgrade Table of Contents
SECTION 07212
FACED BATT INSULATION
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Furnish and install thermal and acoustic batt insulation as described in Contract
Documents.
1.2 REFERENCES
A. American Society For Testing And Materials
1. ASTM C 665-96, 'Standard Specification for Mineral-Fiber Thermal Insulation For Light
Frame Construction and Manufactured Housing'
PART 2 PRODUCTS
2.1 MATERIALS
A. Insulation
1. Kraft faced meeting requirements of ASTM C 665, Type II, Class C.
2. Foil faced meeting requirements of ASTM C 665, Type III, Class B.
3. Order insulation by 'R' factor rather than 'U' factor, rating, or thickness, either 16 or 24
inches wide according to framing spacing.
4. 'R' Factor Required -
a. Nominal Wood or Metal Framing -
1) 2x4 - 11
2) 2x6 - 19
3) 2x8 - 26
4) Double 2x4 Stud Walls - 38
5. Acceptable Manufacturers -
a. Certainteed Corp, Valley Forge, PA (800)233-8990
b. Knauf Fiber Glass, Shelbyville, IN (317) 398-4434
C. Owens-Corning Fiberglass Corporation, Toledo, OH (800) 832-3585
d. Johns Manville, Denver, CO West(800) 622-0149 East (800) 368-4430
e. Thermafiber by United States Gypsum Co, Chicago, IL (800)874-4968
f. Equal as approved by Architect before bidding. See Section 01600.
2.2 SOURCE QUALITY CONTROL
A. Insulation shall be manufactured to be in compliance with UBC or other applicable building
codes.
PART 3 EXECUTION
3.1 INSTALLATION
A. Install in compliance with UBC or other applicable building codes, and as follows
1. If two layers of insulation are used to attain required 'R'factor, only layer towards interior
of building shall have facing.
2. Leave no gaps in insulation envelope.
3. Install insulation between jambs and framing, behind plumbing and wiring, and in similar
places.
4. Fit ends of batts snug against top and bottom plates.
97-207 &98-243 1 Section 07212
S.B. City Hall Restrooms Upgrade Faced Batt Insulation
5. Where insulation is not enclosed by structure or drywall, support in place with wire or
other suitable material and use only foil faced insulation.
6. Install baffles between trusses and rafters at ventilation spaces if necessary to prevent
insulation from blocking air flow from soffit.
7. Do not cover recessed light fixtures with insulation. Cut out insulation to provide a
minimum of 6 inch clearance around recessed lighting fixtures.
END OF SECTION
97-207 &98-243 2 Section 07212
S.B. City Hall Restrooms Upgrade Faced Batt Insulation
SECTION 07840
FIRESTOPPING
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Quality of firestopping materials and systems used on Project including submittal
requirements.
B. Related Sections
1. Furnishing and installing of firestopping specified under Section installing work penetrating
fire-rated structure.
1.2 REFERENCES
A. American Society For Testing And Materials
1. ASTM E 814-94b, 'Standard Test Method for Fire Tests of Through-Penetration Fire
Stops'
B. Underwriter's Laboratories
1. UL 1479, 'Fire Tests of Through-Penetration Firestops'
1.3 DEFINITIONS
A. Penetration Firestopping System - Code approved system including type of penetrating item,
construction materials assembly penetrated, and firestopping product.
1.4 SUBMITTALS
A. Shop Drawings - Show each type of Penetration Firestopping System with code approval
reference number.
1.5 QUALITY ASSURANCE
A. Regulatory Requirements
1. Penetration Firestopping Systems shall be UL rated for type of penetration.
2. Ratings shall be in accordance with ASTM E 814, UL 1479, or UBC Standard No 43-6 as
acceptable to local code authority.
PART 2 PRODUCTS
2.1 MATERIALS
A. Sealant or foam system recommended by Firestop Manufacturer for Firestopping Penetration
System.
2.2 ACCEPTABLE MANUFACTURERS
A. FlameStop V by Flame Stop Inc, Roanoke, TX (817)431-3747
B. High Performance Firestop Systems by Hilti, Tulsa, OK (800) 879-8000
C. Metacaulk by Rectorseal, Houston, TX (800)231-3345
D. Specified Technologies Inc, Somerville, NJ (800)992-1180
E. 3M Fire Protection Products by 3M, St Paul, MN (800) 328-1687
97-208 & 98-243 1 Section 07840
S.B. City Hall Restrooms Upgrade Firestopping
F. Tremco Firestopping Systems by Tremco, Beachwood, OH (800) 562-2728
G. USG Firecode Compound by United States Gypsum Co, Chicago, IL (800)874-4968
H. Equal as approved by Architect before installation. See Section 01600.
PART 3 EXECUTION - Not Used
END OF SECTION
97-208 & 98-243 2 Section 07840
S.B. City Hall Restrooms Upgrade Firestopping
SECTION 07920
JOINT SEALANTS
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Quality of sealants to be used on Project not specified elsewhere, including submittal,
material, and installation requirements.
B. Related Sections
1. Removing existing sealants specified in Sections where work required.
2. Furnishing and installing of sealants is specified in Sections specifying work to receive
new sealants.
1.2 SUBMITTALS
A. Product Data
1. Manufacturer's literature and installation recommendations for each Product.
2. Schedule showing joints requiring sealants. Show also backing and primer to be used.
B. Quality Assurance/Control - Certificate from Manufacturer indicating date of manufacture.
1.3 DELIVERY, STORAGE,AND HANDLING
A. Handle to prevent inclusion of foreign matter, damage by water, or breakage.
B. Deliver and keep in original containers until ready for use.
C. Do not use damaged or deteriorated materials.
D. Store in a cool place, but never under 40 deg F.
PART 2 PRODUCTS
2.1 MATERIALS
A. Sealants
1. Sealants provided shall meet Manufacturer's shelf-life requirements.
2. Exterior Building Elements -
a. Door frames
b. Wall penetrations
C. Connections
d. Other joints necessary to seal off building from outside air and moisture
e. Approved Products -
1) Dow Corning -
a) Primer - 1200
b) Sealant - 791
2) General Electric -
a) Primer - SCP 3154
b) Sealant - Silpruf
3. Interior -
a. Inside jambs and heads of exterior door frames
b. Approved Manufacturers And Products -
1) Trademate Paintable by Dow Corning
2) Acrylic Latex 834 by Tremco
97-207 & 98-243 1 Section 07920
S.B. City Hall Restrooms Upgrade Joint Sealants
4. Interior Joints Formed By -
a. Sinks and lavatories to countertops
b. Approved Manufacturers And Products -
1) Dow Corning Trademate Tile & Ceramic Sealant
2) General Electric Sanitary 1700
5. Color - As selected by Architect from Manufacturer's standard colors.
B. Backing - Flexible closed cell polyurethane or polyolefin rod or bond breaker tape as
recommended by Sealant Manufacturer for joints being sealed.
2.2 MANUFACTURERS
A. Dow Corning Corp, Midland, MI (800)248-2481
B. G E Silicone Products, Waterford, NY (800)255-8886
C. Sika Corporation, Lyndhurst, NJ (201) 933-9379
D. Tremco, Beachwood, OH (800) 321-7906
PART 3 EXECUTION
3.1 PREPARATION
A. Remove existing sealants where specified. Surfaces shall be clean, dry, and free of dust, oil,
grease, dew, or frost.
B. Apply primer.
C. Joint Backing
1. Rod for open joints shall be at least 1-1/2 times width of open joint and of thickness to
give solid backing. Backing shall fill up joint so depth of sealant bite is no more than 3/8
inch deep.
2. Apply bond-breaker tape in shallow joints as recommended by Sealant Manufacturer.
3.2 APPLICATION
A. Apply sealant with hand-calking gun with nozzle of proper size to fit joints. Use sufficient
pressure to insure full contact to both sides of joint to full depth of joint.
B. Tool joints immediately after application of sealant if required to achieve full bedding to substrate
or to achieve smooth sealant surface.
C. Depth of sealant bite shall be 1/4 inch minimum and 1/2 inch maximum, but never more than one
half or less than one fourth joint width.
D. Do not apply calking at temperatures below 40 deg F.
E. Calk opening perimeters unless indicated otherwise.
3.3 CLEANING
A. Clean adjacent materials which have been soiled immediately(before setting)as recommended
by Manufacturer.
END OF SECTION
97-207 &98-243 2 Section 07920
S.B. City Hall Restrooms Upgrade Joint Sealants
DIVISION 08
DOORS AND WINDOWS
08100 METAL DOORS AND FRAMES
08112 STANDARD STEEL DOORS
08115 STANDARD STEEL FRAMES
08700 HARDWARE
08701 GENERAL HARDWARE REQUIREMENTS
08711 HANGING DEVICES
08713 OPERATING TRIM
08715 CLOSING DEVICES
08716 PROTECTIVE PLATES AND TRIM
08717 STOPS AND HOLDERS
08718 ACCESSORIES
08810 GLASS
END OF TABLE OF CONTENTS
97-207 & 98-243 1 Division 08
S.B. City Hall Restrooms Upqrade Table of Contents
SECTION 08112
STANDARD STEEL DOORS
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Hollow metal doors
B. Related Sections
1. Division 06 - Door installation
PART 2 PRODUCTS
2.1 MANUFACTURED UNITS
A. Doors
1. Grade 1, Model 1 as specified in Steel Door Institute Bulletin SDI 100-91.
2. Finish -
a. Use either of following systems -
1) Before assembly,clean metal according to Fed Spec TT-C-490b,then prime
surfaces with one shop coat. After assembly, apply one baked-on primary
coat.
2) Galvanize
3. Insulation - Exterior doors at exterior of main building to be foam filled to provide a
U-value of 0.10 maximum.
4. Construction -
a. Mortise and reinforce doors for hinges and locks.
b. Reinforce doors for closers and other surface applied hardware.
C. Drill and tap on job.
d. Seams along vertical edges of door need not be filled.
e. Do not extend hinge cut out full width of door unless fill strip is inserted, weld filled,
and ground smooth so no seam appears on back face plate.
f. Double doors shall have overlapping rolled steel astragal.
2.2 APPROVED MANUFACTURERS
A. Any current member of Steel Door Institute.
2.3 SOURCE QUALITY CONTROL
A. Verification of Performance - Label each door as conforming to above required standards.
PART 3 EXECUTION - NOT USED
END OF SECTION
97-208 & 98-243 1 Section 08112
S.B. City Hall Restrooms Upgrade Standard Steel Doors
SECTION 08115
STANDARD STEEL FRAMES
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Hollow metal frames
B. Related Sections
1. Division 06 - Installation
1.2 SUBMITTALS
A. Quality Assurance / Control - SDI technical bulletion 105-92, `Recommended Erection
Instructions for Steel Frames'
PART 2 PRODUCTS
2.1 MANUFACTURED UNITS
A. Frames
1. Cold rolled furniture steel.
a. Interior Frames - 16 gauge
2. Provide labeled frame to match fire rating of door.
3. Finish -
a. Use one of following systems -
1) Prime surfaces with rust inhibiting primer.
2) Galvanize.
4. Anchors -
a. 16 US gauge minimum meeting UL or other code acceptable requirements for
door rating involved.
b. Type of masonry wall anchors used shall not interfere with vertical reinforcing
steel.
2.2 APPROVED MANUFACTURERS
A. Any current member of the Steel Door Institute.
2.3 FABRICATION
A. General Requirements
1. Frames shall be welded units. Provide temporary spreader on each welded frame.
2. Provide Manufacturer's gauge label for each item.
3. Make breaks, arrises, and angles uniform, straight, and true. Accurately fit corners.
B. Provide mortar guards at strikes and hinges.
C. Anchors
1. Provide 3 jamb anchors minimum for each jamb. On hinge side, install one anchor at
each hinge location. On strike side, install one anchor at strike level and anchors at
same level as top and bottom hinges.
2. Frames installed before walls are constructed shall be provided with extended base
anchors in addition to other specified anchors.
3. Anchor types and configurations shall meet wall conditions.
PART 3 EXECUTION - NOT USED
END OF SECTION
97-207 & 98-243 1 Section 08115
Q a Cif" "nil Pncfmnmc I Innmrla Standard Steel Frames
SECTION 08701
GENERAL HARDWARE REQUIREMENTS
PART 1 GENERAL
1.1 SUMMARY
A. Related Sections
1. Division 06 -
a. Architectural woodwork hardware
b. Installation
1.2 SUBMITTALS
A. Product Data
1. Manufacturer's cut sheets
2. Two copies of Manufacturer's installation, adjustment, and maintenance instructions for
each piece of hardware. Include one set in Operations And Maintenance M Manual and
send one set with hardware when delivered.
3. Copy of hardware schedule.
B. Shop Drawings - Submit hardware schedule indicating hardware to be supplied. Schedule
shall indicate details such as proper type of strikeplates, spindle lengths, hand, backset, and
bevel of locks, hand and degree opening of closer, length of kickplates, length of rods and
flushbolts, type of door stop, and other necessary information necessary to determine exact
hardware requirements.
C. Quality Assurance / Control - Certificate or letter signed by hardware supplier and by
Contractor stating that hardware provided is same as that specified in Contract Documents.
1.3 QUALITY ASSURANCE
A. Suppliers bidding this work shall have two years minimum experience in providing, detailing,
scheduling, and installing builders hardware.
1.4 DELIVERY, STORAGE,AND HANDLING
A. Neatly and securely package hardware items by hardware group and identify for individual
door with specified group number and set number used on Supplier's hardware schedule.
Include fasteners and accessories necessary for installation and operation of finish hardware
in same package.
1.5 SCHEDULING
A. Hardware Templates
1. Provide hardware templates to Sections 08100 and 08200 within 14 days after hardware
schedule is approved by Architect.
2. Supply necessary hardware installation templates to Division 06 prior to pre-installation
meeting.
PART 2 PRODUCTS
2.1 FINISHES
A. Finishes for steel, brass, or bronze hardware items shall be US26D, Chromium plated, satin,
except flat goods which may be US32D, stainless steel, satin. Materials other than steel,
brass, or bronze shall be finished to match the appearance of US26D/32D.
97-207 &98-243 1 Section 08701
S.B. City Hall Restrooms Upgrade General Hardware Requirements
2.2 FASTENERS
A. Fasteners shall be of suitable types, sizes and quantities to properly secure hardware.
Fasteners shall be of same material and finish as hardware unless otherwise specified.
PART 3 EXECUTION
3.1 PREPARATION
A. Before ordering materials, examine documents to be assured that material to be ordered is
appropriate for substrate to which it is to be secured and will function as intended.
3.2 HARDWARE GROUP SCHEDULE
A. Single Interior Doors
Group 26A - Door No's 1, 3
3 each - Hinges
1 each - Closer
1 each - Push
1 each - Pull
1 each - Kick Plate
1 each - Stop
1 set -Smoke Gaskets
1 each -Threshold
Group 48 - Existing Door No's 2, 4
No hardware required.
END OF SECTION
97-207 &98-243 2 Section 08701
S.B. City Hall Restrooms Upgrade General Hardware Requirements
SECTION 08711
HANGING DEVICES
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Hinges for flush wood and hollow metal doors
B. Related Sections
1. Division 06 -
a. Hinges for Architectural Woodwork
b. Hinges for field fabricated shear wall and draft stop access doors
2. Section 08411 - Pivots for aluminum-framed storefront doors
3. Section 08701 - General Hardware Requirements and VMR Suppliers
PART 2 PRODUCTS
2.1 MANUFACTURED UNITS
A. Hinges
1. Sizes -
a. 1-3/4 inch doors in metal frames - 4-1/2 inches by 4-1/2 inches.
2. Approved Manufacturers And Models -
a. Interior -
1) Hager - BB 1279
2) McKinney - TA 2714
3) PBB - BB81
4) Stanley - FBB 179
2.2 APPROVED MANUFACTURERS
A. Hager Companies, St Louis, MO (314) 772-4400
B. McKinney, Scranton, PA (800) 346-7707
C. PBB, Ontario, CA (800) 726-3414
D. Stanley, New Britain, CT (800) 337-4393
PART 3 EXECUTION - Not Used
END OF SECTION
97-207 &98-243 1 Section 08711
S.B. City Hall Restrooms Upgrade Hanging Devices
SECTION 08713
OPERATING TRIM
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Interior push/pulls
B. Related Sections
1. Section 08701 - General Hardware Requirements and VMR Suppliers
PART 2 PRODUCTS
2.1 MANUFACTURED UNITS
A. Push/Pulls
1. Size - 15 by 3-1/2 inches
2. Approved Models And Manufacturers -
a. 2123, 2350 by Baldwin
b. PS3515, PL3515/80301 by Glynn-Johnson
C. 39E, 30S by Hager
d. 40, 1510 by NT Quality
e. 70B, 105x70B by Rockwood
f. 1001-2, 1013-2 by Trimco/ BBW
2.2 APPROVED MANUFACTURERS
A. Baldwin, Reading, PA (215)777-7811
B. Glynn-Johnson, Indianapolis, IN (800) 525-0336
C. Hager, St Louis, MO (314) 772-4400
D. NT Quality, Hawthorne, CA (800)345-8819
E. Rockwood Manufacturing Co, Rockwood, PA (800)458-2424
F. Trimco/BBW, Los Angeles, CA (213)262-4191
PART 3 EXECUTION - Not Used
END OF SECTION
97-207 &98-243 1 Section 08713
S.B. City Hall Restrooms Upgrade Operating Trim
SECTION 08715
CLOSING DEVICES
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Closers for flush hollow metal doors.
1.2 WARRANTY
A. Provide Manufacturer's standard warranty, 5 years minimum.
PART 2 PRODUCTS
2.1 MANUFACTURED UNITS
A. Surface-Mounted Overhead Door Closers
1. Closers provided under this Section shall be from same Manufacturer.
2. Provide parallel arms on closers unless door position in relation to adjacent wall requires
otherwise. Provide covers.
3. Closers shall allow for 180 degree opening and not be used as a stop.
4. Closers shall have following features -
a. Adjustable sweep speed
b. Adjustable backcheck
C. Non-handed, non-sized
d. Delayed action closing
5. Approved Models And Manufacturers -
a. 8900 Series by Dorma, Reamstown, PA (800) 523-8483
b. 1461 Series by LCN, Princeton, IL (800) 526-2400
C. 8501 Series by Norton, Charlotte, NC (800)438-1951
d. 1431 Series by Sargent, New Haven, CT (203) 562-2151
PART 3 EXECUTION
3.1 INSTALLATION
A. Mount closers on stop side of door wherever conditions permit.
B. Through-bolt hardware-to-door connections.
3.2 ADJUSTING
A. Adjust closers to provide maximum opening force as required by governing code authority and
proper backcheck and sweep speed.
END OF SECTION
97-207 &98-243 1 Section 08715
S.B. City Hall Restrooms Upgrade Closing Devices
SECTION 08716
PROTECTIVE PLATES AND TRIM
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Kick plates
B. Related Sections
1. Section 08701 - General Hardware Requirements and VMR Suppliers
PART 2 PRODUCTS
2.1 MANUFACTURED UNITS
A. Kick Plates
1. Size - 10 inches high by width of door less 3/4 inch on each side.
2. Material - 0.050 inch thick Stainless Steel
2.2 APPROVED MANUFACTURERS
A. Baldwin, Reading, PA (215) 777-7811
B. Glynn-Johnson, Indianapolis, IN (800) 525-0336
C. Hager, St Louis, MO (314) 772-4400
D. H B Ives, Wallingford, CT (203)294-4837
E. NT Quality, Hawthorne, CA (800) 345-8819
F. Rockwood Manufacturing Co, Rockwood, PA (800)458-2424
G. Trimco/ BBW, Los Angeles, CA (213)262-4191
PART 3 EXECUTION - Not Used
END OF SECTION
97-207 & 98-243 1 Section 08716
S.B. City Hall Restrooms Upgrade Protective Plates And Trim
SECTION 08717
STOPS AND HOLDERS
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Door stops
B. Related Sections
1. Section 08701 - General Hardware Requirements and VMR Suppliers
PART 2 PRODUCTS
2.1 MANUFACTURED UNITS
A. Stops
1. Use wall type stops unless indicated otherwise on Door Schedule.
2. Provide model appropriate for substrate.
3. Interior Wall, Approved Manufacturers And Models -
a. Baldwin - 4275
b. Glynn Johnson - 60W
C. Hager - 234W
d. Ives - 407-1/2
e. NT Quality - 302 Series
f. Rockwood - 409
g. Trimco/BBW - 1272/73/74
2.2 APPROVED MANUFACTURERS
A. Baldwin, Reading, PA (215) 777-7811
B. Corbin Russwin, Berlin, CT (203)225-7411
C. Glynn-Johnson, Indianapolis, IN (800) 525-0336
D. Hager, St Louis, MO (314)772-4400
E. H B Ives, Wallingford, CT (203)294-4837
F. NT Quality, Hawthorne, CA (800)345-8819
G. Rockwood Manufacturing Co, Rockwood, PA (800)458-2424
H. Sargent, New Haven, CT (203) 562-2151
I. Trimco/BBW, Los Angeles, CA (213)262-4191
PART 3 EXECUTION
3.1 INSTALLATION
A. Interface With Other Work - When using overhead stops, coordinate installation with door
closer and other door hardware.
END OF SECTION
97-207 &98-243 1 Section 08717
S.B. City Hall Restrooms Upgrade Stops & Holders
SECTION 08718
ACCESSORIES
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Metal thresholds where required for wood doors and hollow metal doors
2. Smoke gaskets
B. Related Sections
1. Section 08411 - Thresholds and weatherstripping for aluminum-framed storefront doors
2. Section 08701 - General Hardware Requirements and VMR Suppliers
3. Division 09 - Marble thresholds
4. Division 09 - Wood flooring system thresholds
PART 2 PRODUCTS
2.1 MANUFACTURED UNITS
A. Thresholds
1. Interior Doors at Acoustic Seals, Approved Models And Manufacturers -
a. Carpet/Concrete, Wood, or Resilient Flooring -
1) 504S-DU by Hager
2) 417DkB by NGP
3) 174D by Pemko
B. Smoke Gaskets
1. Color as selected by Architect.
2. Approved Models And Manufacturers -
a. 726S by Hager
b. 5050 by NGP
C. S88D by Pemko
2.2 APPROVED MANUFACTURERS
A. Glynn Johnson, Indianapolis, IN (800) 525-0336
B. Hager, St Louis, MO (314) 772-4400
C. H B Ives, Wallingford, CT (203)294-4837
D. National Guard Products - NGP, Memphis, TN (800)647-7874
E. Pemko, Ventura, CA (800) 283-9988
F. NT Quality, Hawthorne, CA (800)345-8819
G. Trimco/BBW, Los Angeles, CA (213)262-4191
PART 3 EXECUTION
3.1 INSTALLATION
A. Install smoke gaskets in manner to give continuous air-tight fit.
1. Install smoke gaskets in 'wipe seal' configuration.
END OF SECTION
97-207 &98-243 1 Section 08718
S.B. City Hall Restrooms Upgrade Accessories
DIVISION 09
FINISHES
09200 PLASTER AND GYPSUM BOARD
09250 GYPSUM BOARD
09300 TILE
09305 TILE SETTING MATERIALS AND ACCESSORIES
09310 CERAMIC TILE
09600 FLOORING
09651 RESILIENT BASE AND ACCESSORIES
09652 RESILIENT SHEET FLOORING
09900 PAINTS AND COATINGS
09901 GENERAL PAINTING AND COATING REQUIREMENTS
09923 PAINTED INTERIOR GYPSUM BOARD, PLASTER
09924 INTERIOR PAINTED METAL
09925 INTERIOR PAINTED WOOD
END OF TABLE OF CONTENTS
97-207 & 98-243 1 Division 09
S.B. City Hall Restrooms Upgrade Table of Contents
SECTION 09250
GYPSUM WALLBOARD
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Furnish and install gypsum wallboard as described in Contract Documents.
2. Furnish and install acoustical sealants as described in Contract Documents.
B. Related Sections
1. Division 06 - Backblocking of gypsum wallboard joints
2. Section 09305 - Interior backerboard behind ceramic tile
3. Section 09822 - Quality of acoustical sealants
1.2 REFERENCES
A. GA-214-90 - 'Recommended Specification: Levels of Gypsum Board Finish,' by following
organizations -
1. Gypsum Association
2. Painting and Decorating Contractors of America
3. Ceilings & Interior Systems Construction Association
4. Association of the Wall and Ceiling Industries International
B. American Society For Testing And Materials
1. ASTM C 36-95b, 'Standard Specification for Gypsum Wallboard'
2. ASTM C 475-94, 'Standard Specification for Joint Compound and Joint Tape for Finishing
Gypsum Board'
3. ASTM C 630-96a, 'Standard Specification for Water-Resistant Gypsum Backing Board'
4. ASTM C 840-96, 'Standard Specification for Application and Finishing of Gypsum Board'
5. ASTM C 1002-96a, 'Standard Specification for Steel Drill Screws for Application of
Gypsum Board or Metal Plaster Bases'
1.3 SUBMITTALS
A. Quality Control - Fire test results or assembly diagrams and numbers confirming products used
will provide required fire ratings with installation configurations used.
1.4 DELIVERY, STORAGE,AND HANDLING
A. Deliver materials in original packages, containers, or bundles bearing brand name, applicable
standard designation, and Manufacturer's name.
B. Store material under roof and keep dry. Stack gypsum board flat and protect from damage.
1.5 PROJECT CONDITIONS
A. Environmental Requirements
1. Temperature shall be 50 deg F minimum and 95 deg F maximum day and night during
entire joint operation and until execution of Certificate of Substantial Completion.
2. Provide ventilation to eliminate excessive moisture.
3. Avoid hot air drafts which will cause too rapid drying.
97-207 &98-243 1 Section 09250
S.B. City Hall Restrooms Upgrade Gypsum Wallboard
PART 2 PRODUCTS
2.1 MATERIALS
A. Gypsum Board
1. For single layer gypsum board applied to trussed rafters, Corridor ceilings, or plywood
web joists, apply following -
a. Approved Manufacturers -
1) Gyproc Fireguard C by Georgia Pacific, Atlanta, GA (800) 225-6119
2) Fire-Shield G Wallboard by National Gypsum, Charlotte, NC (800) 628-
4662
3) Fire-Code 'C', by United States Gypsum Co, Chicago, IL (800)874-4968
2. For all other applications - Any manufacturer's product meeting requirements of
ASTM C 36,Type X, UL one-hour rated, tapered edge, face paper suitable for painting.
Use water-resistant Type X meeting requirements of ASTM C 630 for installation on walls
behind backerboard and setting bed used for installation of ceramic tile.
2.2 ACCESSORIES
A. Gypsum Wallboard Mounting Accessories
1. Acceptable Products -
a. Furring Channels -
1) Walls - Galvanized USG DWC-25
2) Ceilings - Galvanized USG DWC-20
b. Resilient Channels - RC-1 by USG
C. Other accessories as required by Manufacturer's fire tests to provide necessary
fire ratings.
d. Equal as approved by Architect before installation. See Section 01600.
B. Corner And Edge Trim
1. Acceptable Types And Manufacturers -
a. Metal - 24 ga minimum steel, electrolytic galvanized zinc-coated, treated for
maximum cement and paint adhesion. Surfaces to receive bedding cement shall
be knurled for maximum bonding.
b. Paper-Faced Metal -
1) Beadex Drywall Accessories, Auburn, WA (800) 726-2397
2) Chicago Metallic, Chicago, IL (800) 323-7164
3) Goldline Drywall Trim by Unimast Inc, Schiller Park, IL (847)928-3400
4) United States Gypsum Co, Chicago, IL (800) 874-4968
5) Equal as approved by Architect before installation. See Section 01600.
C. Joint Compound
1. Best grade or type recommended by Wallboard Manufacturer and meeting requirements
of ASTM C 475.
a. Use Taping Compound for first coat to embed tape and accessories.
b. Use Taping Compound or All-Purpose Compound for subsequent coats except
final coat.
C. Use Finishing Compound for final coat and for skim coating.
D. Joint Reinforcing - Paper reinforcing tape acceptable to Wallboard Manufacturer.
E. Fasteners
1. Bugle head screws meeting requirements of ASTM C 1002.
a. Types -
1) Type W - For fastening gypsum board to wood members other than truss
members and plywood web joists.
2) Type S - For fastening gypsum board to steel framing and ceiling
suspension members, truss members, and plywood web joists.
b. Lengths -
1) Of length to penetrate wood framing 5/8 inch minimum.
2) Of length to penetrate steel framing 3/8 inch minimum.
97-207 & 98-243 2 Section 09250
S.B. City Hall Restrooms Upgrade Gypsum Wallboard
PART 3 EXECUTION
3.1 INSTALLATION
A. Interface With Other Work - Coordinate with Division 06 for location of backblocking for edges
and ends of gypsum board and for blocking required for installation of equipment and building
specialties. Do not install gypsum board until required blocking is in place.
B. General - Install and finish as recommended in ASTM C 840 unless specified otherwise in this
Section.
C. Mounting Accessories
1. Furring Channels - Apply with screws through flanges into each framing member.
D. Gypsum Wallboard
1. General - Install so trim and reinforcing tape is fully backed by gypsum wallboard. No
hollow spaces over 1/8 inch wide are permitted.
2. Single Layer Application -
a. Apply ceilings first using minimum of two men.
b. Use board of length to give minimum number of joints.
C. On walls over 9 feet high and on ceilings, apply board perpendicular to support.
d. Stagger end joints. End and edge joints of board applied on ceilings shall occur
over framing members or be back blocked with 2x4 blocking. End joints of board
horizontally applied on walls shall occur over framing members. Edge joints of
board vertically applied on walls shall occur over framing members.
e. Butt edges in moderate contact. Do not force in place. Shim to level.
f. Leave facings true with joint, finishing flush. Vertical work shall be plumb and
ceiling surfaces level.
g. Scribe work closely. Keep joints as far from openings as possible. if joints occur
near an opening,apply wallboard so vertical joints are centered over openings. No
vertical joints shall occur within 8 inches of external corners or openings.
h. Install board tight against support with joints even and true. Tighten loose screws.
i. Calk perimeter joints in sound insulated rooms with specified acoustical sealant.
3. Fastening -
a. Apply from center of wallboard towards ends and edges.
b. Apply screws 3/8 inch minimum from ends and edges, one inch maximum from
edges, and 1/2 inch maximum from ends.
C. Spacing -
1) Ends - Screws not over 7 inches on center at edges where blocking or
framing occurs.
2) Wood Framed Walls And Ceilings - Screws 7 inches on center in panel
field.
d. Set screw heads 1/32 inch below plane of board, but do not break face paper. If
face is accidentally broken, apply additional screw 2 inches away.
e. Screws on adjacent ends or edges shall be opposite each other.
f. Drive screws with shank perpendicular to face of board.
E. Trim
1. Corner Beads -
a. Attach metal or paper faced metal corner beads to outside corners.
1) Attach metal corner bead with screws spaced 8 inches apart maximum.
2) Set paper-faced trim in solid bed of taping compound.
2. Edge Trim - Apply where gypsum board abuts dissimilar material in accordance with
Manufacturer's instructions. Hold channel and 'L'trim back from exterior metal window
and door frames 118 inch to allow for calking.
97-207 &98-243 3 Section 09250
S.B. City Hall Restrooms Upgrade Gypsum Wallboard
F. Finishing
1. General -
a. Tape and finish joints and corners as specified below to correspond with final finish
material to be applied to gypsum board. When sanding, do not raise nap of
gypsum board face paper or paper-faced trim.
b. First Coat -
1) Apply tape over center of joint in complete, uniform bed of specified taping
compound. If metal corner bead is used, apply reinforcing tape over flange
of metal corner bead and trim so half of tape width is on flange and half is
on gypsum wallboard.
2) Completely fill gouges, dents, and fastener dimples.
3) Allow to dry and sand lightly if necessary to eliminate high spots or
excessive compound.
C. Second Coat -
1) Apply coat of specified joint compound over embedded tape extending 3-1/2
inches on both sides of joint center. Use finishing compound only if applied
coat is intended as final coat.
2) Re-coat gouges, dents, and fastener dimples.
3) Allow to dry and sand lightly to eliminate high spots or excessive compound.
d. Third Coat - Apply same as second coat except extend application 6 inches on
both sides of joint center. Allow to dry and sand with fine sandpaper or wipe with
damp sponge.
e. Fourth Coat - Apply same as second coat except extend application 9 inches on
both sides of joint center. Allow to dry and sand with fine sandpaper or wipe with
damp sponge.
f. Skim Coat - Apply thin layer of finishing compound to entire surface of panel and
immediately shear excess compound, leaving thin film. Eliminate laps and tool
marks with fine sandpaper or damp sponge.
2. Finishing Levels -
a. Unfinished Gypsum Board Surfaces And Under Acoustical Tile -
1) GA-214-90 Level Two - 'All joints and interior angles shall have tape
embedded in joint compound and one separate coat of joint compound
applied over all joints, angles, fastener heads, and accessories. Surface
shall be free of excess joint compound. Tool marks and ridges are
acceptable,'except under acoustic tile.
b. Gypsum Board Surfaces to Receive Vinyl Wall Covering or Texturing -
1) GA-214-90 Level Four - 'All joints and interior angles shall have tape
embedded in joint compound and three separate coats of joint compound
applied over all joints, angles, fastener heads, and accessories. All joint
compound shall be smooth and free of tool marks and ridges.'
C. Gypsum Board Surfaces To Receive Paint-
1) GA-214-90 Level Five - 'All joints and interior angles shall have tape
embedded in joint compound and three separate coats of joint compound
applied over all joints, angles,fastener heads, and accessories. A thin skim
coat of joint compound, or a material manufactured especially for this
purpose, shall be applied to the entire surface. The surface shall be smooth
and free of tool marks and ridges.'
3.2 CLEANING
A. Remove from site debris resulting from work of this Section including taping compound spills.
END OF SECTION
97-207 & 98-243 4 Section 09250
S.B. City Hall Restrooms Upgrade Gypsum Wallboard
SECTION 09305
TILE SETTING MATERIALS AND ACCESSORIES
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Quality of tile setting materials and accessories furnished and installed under other
Sections.
1.2 REFERENCES
A. American Society For Testing And Materials
1. ASTM A 185-94, 'Standard Specification for Steel Welded Wire Fabric, Plain,for Concrete
Reinforcement'
2. ASTM C 144-93, 'Standard Specification for Aggregate for Masonry Mortar'
3. ASTM C 150-96, 'Standard Specification for Portland Cement'
4. ASTM C 206-84 (1992), 'Standard Specification for Finishing Hydrated Lime'
5. ASTM C 207-91 (1992), 'Standard Specification for Hydrated Lime for Masonry Purposes'
6. ASTM C 847-95, 'Standard Specification for Metal Lath'
7. ASTM D 4397-96, 'Standard Specification for Polyethylene Sheeting for Construction,
Industrial, and Agricultural Applications'
1.3 DELIVERY, STORAGE,AND HANDLING
A. Deliver and store packaged materials in their original unopened containers with labels intact until
time of use. Store and handle materials in a manner to prevent damage or contamination by
water, freezing, or foreign matter.
PART 2 PRODUCTS
2.1 MATERIALS
A. Setting Bed
1. Portland Cement - Meet requirements of ASTM C 150, Type 1, designation shall appear
on bag.
2. Hydrated Lime -
a. Meet requirements of one of following -
1) ASTM C 206
2) ASTM C 207, Type S (designation shall appear on bag)
3. Sand - Clean, washed, well-graded, meeting requirements of ASTM C 144 with
gradation of 100 percent passing No. 8 sieve with not over 5 percent passing No. 100
sieve.
4. Metal Reinforcing - Expanded metal lath meeting requirements of ASTM C 847, 2.5 lb
minimum expanded metal lath made from galvanized copper bearing steel.
B. Cement Board Sheathing
1. Vertical - 7116 to 1/2 inch thick
2. Horizontal - 1/4 to 5/16 inch thick
3. Approved Manufacturers -
a. Cemroc by Eternit
b. DomCrete by Domtar
C. Util-A-Crete by Fin-Pan Inc
d. Tile Backerboard by Glascrete
e. Durock by U S Gypsum
97-207 &98-243 1 Section 09305
S.B. City Hall Restrooms Upgrade Tile Setting Materials And Accessories
C. Cement Board Sheathing Fasteners
1. Acceptable Products -
a. Metal Framing -
1) 1-1/4 inch long Tek No. 3 self-embedding screws
2) 1-1/4 inch long RocOn, type-S-point screws
3) 1-1/4 inch long DUROCK Steel screws
4) Equal as recommended by Sheathing Manufacturer.
b. Wood Framing -
1) 1-5/8 inch long DUROCK Wood screws
2) 1-1/4 inch long Rock-On, Hi-Lo type screws
3) Equal as recommended by Sheathing Manufacturer.
D. Cleavage Membrane/Vapor Retarder - 6 mil polyethylene sheeting meeting requirements of
ASTM D 4397.
E. Latex-Portland Cement Mortar
1. Ceramic Floor Tile Setting Mortar -
a. Meet requirements of ANSI Al 18.4 for manufactured mortar, two-part system.
b. Approved Systems And Manufacturers -
1) Tile Mate Dry-Set Mortar with Hydroment Multipurpose Acrylic Latex Mortar
Admixture by Bostik
2) Permabond Dry-Set Mortar with C-Crylic 200 Acrylic Admix by C-Cure
3) Custom Thinset Mortar Dry-Set Mortar with Acrylic Mortar Admix by Custom
4) Kerabond Premium Floor&Wall Dry-Set Mortar with Keraply Acrylic Latex
Dry-Set Mortar Additive by Mapei
5) S-777 Thin Set Mortar with S-810 Copolymer Latex by Summitville Labs
6) Latex-Modified Thin Set Mortar 345 by TEC
F. Dry-Set Portland Cement Mortar
1. Glazed White Body Wall Tile Setting Mortar -
a. Meet requirements of ANSI Al 18.1 for manufactured mortar.
b. Approved Systems And Manufacturers -
1) Tile Mate by Bostik
2) Permabond by C-Cure
3) Custom Thinset by Custom
4) Kerabond by Mapei
5) S-777 by Summitville Labs
6) Latex-Modified Thin Set Mortar 345 by TEC
G. Commercial Epoxy Grout
1. Color as selected by Architect.
2. Approved Systems And Manufacturers -
a. Bonsal Epoxy-Set Epoxy Grout by W R Bonsal
b. Hydroment Colorpoxy by Bostik
C. Latapoxy SP-100 by Laticrete
d. Kerapoxy by Mapei
e. S-400 Epoxy-Set Grout by Summitville Labs
f. TA-470 Epoxy Mortar& Grout by TEC
H. Commercial Portland Cement Non-Sanded Grout
1. Color as selected by Architect.
2. Approved Systems And Manufacturers -
a. Bonsal Polymer Modified Unsanded Tile Grout by W R Bonsal
b. Dry Tile Grout with Hydroment Multi-Purpose Acrylic Latex Grout Additive by Bostik
C. Unsanded Dry Set Wall Grout with 1776 Grout Admix Plus additive by Laticrete
d. Ker 800 Polymer-Modified Portland Cement Grout by Mapei
e. S-667 Unsanded Joint Filler with S-775 Acrylic Latex Additive by Summitville Labs
f. TA-610 Unsanded Wall Grout by TEC
97-207 &98-243 2 Section 09305
S.B. City Hall Restrooms Upgrade Tile Setting Materials And Accessories
I. Penetrating Sealer
1. Water based.
2. Approved Product And Manufacturer -
a. Sealer's Choice by Aqua Mix
J. Joint Sealants
1. Standard color to closely match grout joints as selected by Architect.
2. Acceptable Manufacturers -
a. Hydroment Siliconized Acrylic Latex Caulk by Bostik
b. Siliconized Acrylic Latex Caulk S-125 by Summitville Labs
C. Equal as approved by Architect before installation. See Section 01600.
2.3 MANUFACTURERS
A. Bostik Construction Products, Middleton, MA (800) 726-7845
B. C-Cure Chemical Co Inc, Houston, TX (713)697-2024
C. Custom Building Products, Bell, CA (800)282-8786
D. Glascrete, Inc, Seal Beach, CA (800)282-8786
E. Laticrete International Inc, Bethany, CT (800)243-4788
F. Mapei, Garland, TX (800)426-2734
G. W R Bonsal Co, Charlotte, NC (800)334-0784
2.4 MIXES
A. Setting Beds
Portland Cement Di)t Sand/Damp Sand hydrated Lime*
Floor Mix 1 Part 5 Parts 6 Parts 1/10 Part
Wall Mix 1 Part - -- - 5-1/2 to 7 Parts 1/2 Part
* Optional
PART 3 EXECUTION - Not Used
END OF SECTION
97-207 &98-243 3 Section 09305
S.B. City Hall Restrooms Upgrade Tile Setting Materials And Accessories
SECTION 09310
CERAMIC TILE
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Furnish and install ceramic tile and tile setting materials and accessories as described in
Contract Documents.
1.2 REFERENCES
A. American National Standards Institute
1. ANSI Al 37.1-1988, `Ceramic Tile'
B. Tile Council of America
1. TCA Handbook, `Handbook for Ceramic Tile Installation'
1.3 SUBMITTALS
A. Product Data
1. Manufacturers cut sheets of materials used in installation of system
2. Cleaning and maintenance instructions
3. Color and pattern selections
B. Samples - 2 foot square sample on cement board showing all types of tile, grout, and colors
specified in this Section. 1/2 of sample board shall show floor tile and 1/2 of board shall show
wall tile.
C. Quality Assurance/Control - Master grade certificate.
1.4 DELIVERY, STORAGE,AND HANDLING
A. Deliver and store packaged materials in their original unopened containers with labels intact until
time of use. Store and handle materials in a manner to prevent damage or contamination by
water, freezing, or foreign matter.
B. Keep grade seals intact and cartons dry until tile are used.
1.5 PROJECT CONDITIONS
A. Project Environmental Requirements - Keep ambient temperatures of area to receive tile work
and surface temperatures of substrates at 50 deg F minimum during preparation of mortar bed,
laying of tile, and for 72 hours after completion of tile work. Use electric heat to prevent
discoloration of grout.
PART 2 PRODUCTS
2.1 COMPONENTS
A. Tile
1. Tile shall be standard quality, dust-pressed, machine-made, white or off-white body,
square or cushion edge, graded in accordance with ANSI Al 37.1.
a. Field tile shall have two lugs on each edge to assure uniform joint, approximately
0.040 inch.
b. External corners shall be standard round.
C. Internal corners shall be square.
97-207 & 98-243 1 Section 09310
S.B. City Hall Restrooms Upgrade Ceramic Tile
2. Rest Room Floor Tile -
a. Unglazed or matte glazed porcelain mosaic. Furnish floor tile in non-slip, non-
abrasive surface.
b. Base shall be 6 inches high coved of white body wall tile composition.
C. Tile Size - 2 inch square nominal
d. Color-As selected by owner from manufacturers standard colors.
e. Approved Manufacturers -
1) Unglazed Ceramic Mosaics by American Olean
2) Keystone by Dal-Tile
3) FTCC Unglazed Mosaics by Florida Tile
3. Wall Tile -
a. Glazed tile, cushion edge, white body, lug type.
b. Tile Size - 4-1/4 inches square
C. Approved Manufacturers -
1) Bright Glaze or Matte Glaze Series by American Olean
2) Semi-Gloss or Matte by Dal-Tile
3) Bright Glaze or Matte Glaze Series by Florida Tile
2.2 MANUFACTURERS
A. American Olean Tile Co, Lansdale, PA (215)393-2898
B. Dal-Tile- Dallas Ceramics, Dallas, TX (800)933-8453
C. Florida Tile, Lakeland, FL (800)352-8453
PART 3 EXECUTION
3.1 EXAMINATION
A. Before commencing ceramic tilework, inspect surfaces to receive tile and accessories and notify
Architect in writing of defects or conditions that will prevent satisfactory tile installation.
Installation work shall not proceed until satisfactory conditions are provided.
3.2 PREPARATION
A. Grounds, anchors, plugs, hangers, door frames, electrical, mechanical, and other work in or
behind tile shall be installed before tile work is started.
3.3 INSTALLATION
A. Site Tolerances
1. Sub-floor Surfaces - 1/8 inch in 10 feet from required plane.
2. Plane of Vertical Surfaces - 1/8 inch in 8 feet from required plane. Shall be plumb and
true with square corners.
B. General
1. Install in accordance with following TCA installation methods -
a. Recessed Concrete Slabs - TCA F112
b. Flush Concrete Slabs - TCA F113
C. Framed Walls - TCA W221, W222, or W244 at installer's option
d. Base - Thin-lip or flush style
2. Center and balance areas of tile if possible.
3. Maintain heights of tilework in full courses to nearest obtainable dimension where heights
are given in feet and inches and are not required to fill vertical spaces exactly.
4. Hold cuts to a minimum with no cut pieces smaller than 1/2 tile size unless absolutely
necessary. Make cuts on outer edges of field. Smooth cut edges. Install tile without
jagged or flaked edges.
5. Fit tile closely where edges will be covered by trim, escutcheons, or similar devices.
6. Splitting of tile is expressly prohibited except where no alternative is possible.
97-207 &98-243 2 Section 09310
S.B. City Hall Restrooms Upgrade Ceramic Tile
7. Make corners of tile flush and level with corners of adjacent tile, with due allowance to
tolerance for tile as specified in ANSI Al 37.1
8. Keep joint lines straight and of even width, including miters.
9. Thoroughly back-up with thin-set bonding material thin-set trim units, molded, or shaped
pieces, and secure firmly in place.
10. Finish floor and wall areas level and plumb with no variations exceeding 1/8 inch in 8 feet
from required plane.
11. Accessories in tilework shall be evenly spaced, properly centered with tile joints, and
level, plumb, and true to correct projection. Install accessories at locations and heights
designated.
12. Finished tilework shall be clean and free of pitted, chipped, cracked, or scratched tiles.
Clean in accordance with ANSI A137.1.
C. Application to Walls
1. Use either of following installation methods -
a. On Setting Bed -
1) Apply vapor retarder to framed wall over gypsum board. Attach metal
reinforcing through gypsum board to framing over vapor retarder.
2) Apply setting bed to required thickness of 318 minimum to 314 inch maximum
on both CMU and framed walls. Properly cure before installing tile.
b. On Cement Board Sheathing -
1) Apply vapor retarder to framed wall over gypsum board. Attach board with
screws spaced 8 inches on center on walls and 6 inches on center on
ceilings through gypsum board into framing members. Pre-drill holes in
cement board for screws if required by Cement Board Manufacturer.
2) Shim board to be plumb and flat or level and flat, depending on location.
3) Tape and fill joints as required by Cement Board Manufacturer.
2. Dampen dry backings as determined by environental conditions and Manufacturer's
recommendations to achieve cure. Float mortar with pressure over an area no greater
than can be covered with tile while mortar remains plastic. Cover evenly with no bare
spots. Comb mortar with notched trowel of type recommended by Manufacturer ten
minutes maximum before applying tile. Do not apply tile to skinned-over mortar. Finished
mortar bed thickness, 3/32 to 1/8 inch thick after beating-in.
3. Press glazed tile firmly into freshly notched mortar. Tap and beat to a true surface.
Determine joint width by spacers on tile or by strings or pegs if tile without spacers are
used. Press and beat tile into place to obtain at least 80 percent coverage by mortar on
back of each tile except for tile in showers where coverage shall be 100 percent.
D. Application to Floors
1. On Setting Bed - Apply setting bed 3/4 inch thick minimum at floor drain to maximum
depth equal to depression in slab minus 112 inch. Properly cure before installing tile.
2. Clean base surface thoroughly. Dampen if very dry, but do not saturate.
3. Float mortar over area no greater than can be covered with tile while mortar remains
plastic. Cover evenly with no bare spots. Comb mortar with notched trowel of type
recommended by Manufacturer within ten minutes of applying tile.
4. Insert temporary filler in expansion and control joints.
5. Finished mortar bed thickness 3/32 inch to 1/8 inch thick with thinset mortar after beating-
in. If substrate is uneven, use medium bed mortar from one of the specified
manufacturers 3/16 to 3/4 inch thick after beating-in.
6. Press tile firmly into freshly notched mortar. Beat-in and adjust tile before initial set takes
place.
7. Press and beat tile into position to obtain 100 percent contact with mortar bed with no
voids in mortar. Obtaining 100 percent contact with rib-backed tile may require troweling
mortar layer on back of each tile prior to placing on mortar bed.
8. Install safety strip consisting of one course of 2 inch by 2 inch tile at the nose of each stair
tread below the waterline.
97-207 & 98-243 3 Section 09310
S.B. City Hall Restrooms Upgrade Ceramic Tile
E. Penetrating Sealers
1. Thoroughly clean tile.
2. Floors - Apply 24 hours minimum prior to installation of epoxy grout.
3. Walls - Apply on day following installation of Portland cement grout.
4. Wipe two thin coats with white cotton towel or cloth with each coat applied 90 degrees to
each other. Allow 30 minutes between coats. Do not allow to contact epoxy grout.
F. Grouting of Tile And Application of Joint Sealants
1. Grout Types -
a. Use epoxy grout with floor and base tile.
b. Use Portland cement grout with wall tile.
2. Firmly set tile before grouting or applying joint sealants. This requires 48 hours minimum.
3. Remove spacers or ropes before grouting or applying joint sealants.
4. Remove glue from face-mounted tile before grouting or applying joint sealants.
5. Apply joint sealants instead of grout at joint between wall and base or floor tile, and in
joints in wall tile full height at corners of rooms.
6. Using grout of type and mix specified, force grout into joints using hard rubber grouting
trowel or other suitable tool recommended by Grout Manufacturer. Use clean buckets
and mixing tools. Use sufficient pressure and flow grout in progressively to avoid air
pockets and voids.
7. Fill joints full. Fill joints of cushion edge tile to depth of cushion. Fill joints of square edge
tile flush with surface.
8. Remove excess grout from surface of tile with squeegee or rubber trowel before it loses
its plasticity or begins to set. Follow Grout Manufacturer's recommendations for final
clean-up.
9. Finished grout shall be uniform in color, smooth, and without voids, pin holes, or low
spots, and tile shall be clean.
G. Curing - For epoxy grout, keep installation at between 65 and 85 deg F during first 8 hours of
cure. Shade tiled areas completely from sun during this period.
3.3 PROTECTION
A. Close to traffic spaces in which tile is being set and other tile work being done. Keep closed until
tile is firmly set. Before, during, and after grouting, keep area clean, dry, and free from foreign
materials and air flow which will interfere with setting and curing of grout.
B. Newly tiled floors shall not be walked on nor worked on without using kneeling boards or
equivalent protection of tiled surface.
END OF SECTION
97-207 &98-243 4 Section 09310
S.B. City Hall Restrooms Upgrade Ceramic Tile
SECTION 09651
RESILIENT BASE AND ACCESSORIES
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Furnish and install rubber base as described in Contract Documents.
1.2 SUBMITTALS
A. Product Data
1. Manufacturer's literature or cut sheet on base and adhesive.
2. Color selection
1.3 PROJECT CONDITIONS
A. Project Environmental Requirements
1. Store materials at not less than 70 deg F for at least 24 hours before using.
2. Do not apply in temperatures below 70 deg F.
PART 2 PRODUCTS
2.1 MATERIAL
A. Base
1. Molded or Extruded Vulcanized Rubber -
a. Homogeneous, first-quality rubber compound, free of foreign materials, properly
vulcanized, free from objectionable odors, blisters, cracks, and other defects
affecting appearance or serviceability of rubber and shall not contain fabric.
b. Color pigments used shall be highly fade-resistant, insoluble in water, and resistant
to light, alkali and other cleaning agents.
C. Colors as selected by Owner.
d Vinyl Material - NOT ACCEPTABLE UNDER ANY CIRCUMSTANCES.
2. Size - 1/8 inch by 4 inch.
3. Use preformed external corners, butt joint interior corners.
4. Style - Coved
5. Approved Manufacturers -
a. Burke Flooring Products, San Jose, CA (800) 669-7010
b. Johnsonite Flooring Products Div, Chagrin Falls, OH (800)899-8916
C. Marley Flexco, Tuscumbia, AL (800) 633-3151
d. Mercer Products Company Inc, Orlando, FL (800)447-8442
e. Roppe Rubber Corporation, Fostoria, OH (800) 537-9527
f. 700 Series by VPI, Sheboygan, WI (800) 874-4240
B. Adhesive - Best for work as recommended by Manufacturer.
PART 3 EXECUTION
3.1 PREPARATION
A. Surface to receive rubber shall be sound, clean, free from foreign matter, tightly nailed, and dry.
Remedy cracks and minor irregularities in accordance with Manufacturer's recommendations.
Do not start work until defects are corrected.
97-207 & 98-243 1 Section 09651
S.B. City Hall Restrooms Upgrade Resilient Base And Accessories
3.2 INSTALLATION
A. Install in manner to produce smooth, even finished surfaces tightly jointed and accurately
aligned.
1. Fit rubber tightly. Use fillers where necessary. Fit neatly against projections, piping,
electrical service outlets, etc.
2. Secure rubber with specified adhesive. Cement base substantially to vertical surfaces
including cabinet work base.
3. Line up top and bottom lines of base throughout.
4. Roll rubber until firm bond has been established. Leave level, free from buckles, cracks,
and projecting edges.
5. In wall runs longer than 12 inches, install no lengths of base shorter than 12 inches long.
3.3 ADJUSTING
A. Inspect and make necessary adjustments within one month after mechanical heat or other heat
has been supplied continuously in finished areas.
3.4 PROTECTION
A. Keep traffic away until adhesive has set.
END OF SECTION
97-207 &98-243 2 Section 09651
S.B. City Hall Restrooms Upgrade Resilient Base And Accessories
SECTION 09652
RESILIENT SHEET FLOORING
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Furnish and install flooring as described in Contract Documents.
1.2 SUBMITTALS
A. Product Data
1. Manufacturer's literature or cut sheet for each component of system
2. Maintenance instructions
3. Color and style selection
1.3 PROJECT CONDITIONS
A. Project Environmental Requirements
1. Store materials at not less than 70 deg F for at least 24 hours before using.
2. Do not apply in temperatures below 70 deg F.
PART 2 PRODUCTS
2.1 MATERIALS
A. Flooring
1. 0.050 inch minimum vinyl wear layer bonded to filled fibrous composition backing. Total
thickness 0.080 inch minimum. Color and pattern to extend entirely through wear layer.
2. Approved Patterns And Manufacturers -
a. Commercial Corlon by Armstrong World Industries (800)292-6308
b. Series 8000 by Azrock Industries, San Antonio, TX (205) 766-0234
C. Foundations by Congoleum Corp, Lawrenceville, NJ (609) 584-3000
d. ArchiTextures -Terrain by Mannington Commercial, Salem, NJ (609) 935-3000
B. Adhesive - Water-resistant type. Best grade in accordance with Manufacturer's
recommendations.
C. Metal Corner And Cap Trim - As recommended by Sheet Vinyl Manufacturer.
PART 3 EXECUTION
3.1 EXAMINATION
A. Inspect surfaces for conditions not suitable for first class installation. Remedy cracks and minor
irregularities in accordance with Manufacturer's recommendations. Do not start work until
defects are corrected.
3.2 INSTALLATION
A. Install flooring in manner to produce smooth,even finished surfaces tightly jointed and accurately
aligned in accordance with Manufacturer's recommendations.
1. Fit neatly against projections, piping, electrical service outlets, etc.
2. Leave flooring level, free from buckles, cracks, and projecting edges.
97-207 &98-243 1 Section 09652
S.B. City Hall Restrooms Upgrade Resilient Sheet Flooring
B. Install in accordance with Manufacturer's recommendations.
3.3 ADJUSTING
A. Inspect floors and make necessary adjustments within one month after mechanical heat or other
heat has been supplied continuously in finished areas.
END OF SECTION
97-207 &98-243 2 Section 09652
S.B. City Hall Restrooms Upgrade Resilient Sheet Flooring
SECTION 09901
GENERAL PAINTING AND COATING REQUIREMENTS
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. General procedures and requirements for painting and coating.
B. Related Sections
1. Division 05 - Shop priming of steel and iron
1.2 SUBMITTALS
A. Product Data
1. Schedule with section corresponding to each specification Section covering a painting
system for a substrate, arranged in same order as in Project Manual. Each entry in
schedule to include following information.
a. Indicate each item or surface upon which each system is to be applied, colors to
be used, and quantity of each component of paint system anticipated for Project.
b. Manufacturer's cut sheets for each component of system indicating ingredients and
percentages by weight and by volume, environmental restrictions for application,
and film thicknesses and spread rates.
C. Manufacturer's substrate preparation instructions for each substrate and surface
condition occurring on Project.
2. Provide two copies of Product Data submission, one copy to be kept on Project site and
second copy to be included in Operations And Maintenance Manual.
B. Samples - Provide paint card for each color and for each paint system. Card to show each coat
of system separately as well as total system.
1.3 QUALITY ASSURANCE
A. Field Samples
1. Before application of any paint system, if required by Architect, meet on Project site with
Architect, Owner's representative, and Manufacturer's representative. Architect may
select one surface for application of each paint system specified.
2. Apply paint systems to surfaces indicated by Architect following procedures outlined in
Contract Documents and Product Data submission specified above.
3. After approval of samples, proceed with application of paint system throughout Project.
1.4 DELIVERY, STORAGE, AND HANDLING
A. Deliver specified products in sealed, original containers with Manufacturer's original labels intact
on each container. Deliver amount of materials indicated on submittal as necessary to meet
Project requirements in single shipment. Notify Architect two working days prior to delivery of
paint.
B. Store materials in single place.
C. Keep storage area clean and rectify any damage to area at completion of work of this Section.
97-207 &98-243 1 Section 09901
S.B. City Hall Restrooms Upgrade General Painting And Coating Requirements
1.5 PROJECT CONDITIONS
A. Project Environmental Conditions
1. Maintain temperature of paint storage area at 55 deg F minimum.
2. Perform painting operations at temperature conditions recommended by Manufacturer for
each operation and for each product.
1.6 SCHEDULING
A. Coordinate with other trades for materials and systems that require painting prior to installation.
1.7 MAINTENANCE
A. Extra Materials - Provide painting materials in Manufacturer's original containers and with
original labels in each color used. Provide one quart of each finish coat and one pint of each
primer and of each undercoat in each color used. Label each can with color name, mixture
instructions, date, and anticipated shelf life.
PART 2 PRODUCTS
2.1 MATERIALS
A. Linseed oil, shellac, turpentine, and other painting materials shall be pure, of highest quality, and
bear identifying labels on containers.
B. Tinting color shall be best grade of type recommended by Manufacturer of paint used on Project.
PART 3 EXECUTION
3.1 ACCEPTABLE APPLICATORS
A. Applicator shall have experience in application of specified products for five years minimum and
be acceptable to Architect and Manufacturer.
3.2 PREPARATION
A. Protection
1. Remove rags and waste used in painting operations from building each night. Take every
precaution to avoid danger of fire.
2. Protect other finish work and adjacent materials during painting. Do not splatter, drip, or
paint surfaces not intended to be painted. These items will not be spelled out in detail but
pay special attention to the following -
a. Do not paint finish copper, bronze, chromium plate, nickel, stainless steel,
anodized aluminum, or monel metal except as explicitly specified.
B. Surface Preparation
1. Fill holes and cracks in surfaces to receive paint or stain.
2. Surfaces to be painted shall be clean and free of loose dirt. Clean and dust surfaces
before painting or finishing.
a. Clean metal surfaces as recommended by Paint Manufacturer before applying
materials.
b. Clean shop coats of primer or paint that have become marred, and touch up with
proper type primer.
C. Treat galvanized metal and zinc surfaces as specified and in accordance with Paint
Manufacturer's directions before applying first paint coat.
3. Interior surfaces shall be dry before painting. Moisture content of materials to be painted
shall be within tolerances acceptable to Paint Manufacturer.
4. Sand woodwork smooth with 220 sandpaper and clean surfaces before proceeding with
stain or first coat application.
97-207 &98-243 2 Section 09901
S.B. City Hall Restrooms Upgrade General Painting And Coating Requirements
3.3 APPLICATION
A. Paint or finish complete all surfaces to be painted as described in Contract Documents, including
but not limited to following items.
1. Finish wood trims specified to be installed under Section 06201. Back prime wood
elements to be installed against concrete or masonry or which may be subjected to
moisture.
B. In multiple coat paint work,tint each coat with a slightly different color, but approximating shade
of final coat, so it is possible to check application of specified number of coats. Final coat shall
be tinted to required color.
C. Spread materials smoothly and evenly. Apply coats to not less than wet and dry film thicknesses
and at spreading rates for specified product as recommended by Manufacturer.
D. Touch up suction spots after application of first finish coat.
E. Paint shall be thoroughly dry and surfaces clean before applying succeeding coats.
F. Use fine sandpaper between coats as necessary to produce even, smooth surfaces.
G. Make edges of paint adjoining other materials or colors clean, sharp, and without overlapping.
H. Finished work shall be uniform, of approved color, smooth, and free from runs, sags, defective
brushing, rolling, clogging, and excessive flooding.
3.4 ADJUSTMENT
A. After completion of painting and finishing work in any one portion of Project and before
completion of total Project,repair and touch-up surfaces damaged by other trades. Performance
of this work to be at expense of trade or trades causing damage and at no additional expense
to Owner.
3.5 CLEANING
A. Do not discard paint containers without Architect's written approval to allow count to determine
if paint delivered was applied.
B. As work proceeds and upon completion of work of any painting Section, remove paint spots from
floors,walls, glass, or other surfaces and leave work clean, orderly, and in acceptable condition.
Remove debris caused by work of paint Sections from premises.
3.6 PAINT COLOR SCHEDULE
A. Color Quality Standards -To match existing
END OF SECTION
97-207 &98-243 3 Section 09901
S.B. City Hall Restrooms Upgrade General Painting And Coating Requirements
SECTION 09923
PAINTED INTERIOR GYPSUM BOARD, PLASTER
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Preparing, priming, and finish painting new interior gypsum board and plaster surfaces
as described in Contract Documents.
2. Priming new interior gypsum board surfaces to receive sheet wall covering system.
3. Preparing and painting following existing interior gypsum board and plaster surfaces as
described in Contract Documents -
a. Ceilings
b. Walls
B. Related Sections
1. Section 09901 - General Painting Requirements
PART 2 PRODUCTS
2.1 MATERIALS
A. Rest Rooms
1. Benjamin Moore - Two Coats Moorcraft Waterborne Acrylic Epoxy 278
2. ICI Paints -
a. ICI Dulux -
1) First Coat - 3210-xxxx Aquacrylic Gripper Primer/Sealer
2) Second Coat - Truglaze WB Epoxy Semi-Gloss
b. ICI Devoe -
1) First Coat - Guard Cote W/ B Waterborne Epoxy Primer
2) Second Coat - Guard Cote W/B Waterborne Epoxy Gloss Coating
C. ICI Fuller O'Brien -
1) First Coat - Guard Cote W/ B Waterborne Epoxy Primer
2) Second Coat - Guard Cote W/ B Waterborne Epoxy Gloss Coating
3. Pittsburgh Paint - Two Coats 98-Line Aquapon WB, Waterborne Epoxy
4. Pratt& Lambert -
a. First Coat - Pratt& Lambert Suprime 4
b. Second Coat - Pratt & Lambert Water Borne Epoxy
5. Sherwin-Williams -
a. First Coat - ProMar 200 Latex Primer, B28 W200
b. Second Coat - Water Based Catalyzed Epoxy B70 Series/B60V25 Hardener
B. Remaining Gypsum Board
1. Primer -
a. New Surfaces -
1) Benjamin Moore - 284 Moorcraft SuperHide Interior Latex Primer /
Undercoater
2) ICI Paints -
a) IC Dulux - 1030-XXXX Ultra-Hide PVA Primer/Sealer
b) ICI Devoe - DR50801 Interior Vinyl Latex Primer Sealer
c) ICI Fuller O'Brien - FOB220-20 Pro-Tech Interior Latex Wall Primer
3) Pittsburgh Paints - 6-2 SpeedHide Quick Dry Primer
4) Pratt& Lambert - Suprime 4
5) Sherwin-Williams - ProMar 200 Latex Primer B28 W200
97-207 &98-243 1 Section 09923
S.B. City Hall Restrooms Upgrade Interior Painted Gypsum Board, Plaster
b. Existing Latex Painted Surfaces -
1) Benjamin Moore - 284 Moorcraft SuperHide Interior Latex Primer /
Undercoater
2) ICI Paints -
a) ICI Dulux - 1030-XXXX Ultra-Hide PVA Primer/Sealer
b) ICI Devoe - DR50801 Interior Vinyl Latex Primer Sealer
c) ICI Fuller O'Brien - FOB220-20 Pro-Tech Interior Latex Wall Primer
3) Pittsburgh Paints - 17-21 Seal-Grip Stain Blocker Primer
4) Pratt& Lambert - Suprime 4
5) Sherwin-Williams - ProMar 200 Latex Primer B28 W200
C. Existing Oil-Based Painted Surfaces -
1) Benjamin Moore - 023 Fresh Start
2) ICI Paints -
a) ICI Dulux - 1030-XXXX Ultra-Hide PVA Primer/Sealer
b) ICI Devoe - DR50801 Vinyl Latex Primer Sealer
c) ICI Fuller O'Brien - FOB220-20 Pro-Tech Interior Latex Wall Primer
3) Pittsburgh Paints - 17-21 Seal-Grip Stain Blocker Primer
4) Pratt& Lambert - Suprime 4
5) Sherwin-Williams - ProMar 200 Latex Primer B28 W200
2. Finish Coats -
a. Benjamin Moore - Two Coats 276 Moorcraft SuperSpec Latex Semi-Gloss
Enamel
b. ICI Paints -
1) ICI Dulux - Two Coats 1416-XXXX Ultra-Hide Interior Latex Semigloss Wall
&Trim Enamel
2) ICI Devoe - Two Coats DR39XX Woner Tones Semi-Gloss Interior Latex
Enamel
3) ICI Fuller O'Brien - Two Coats FOB614-XX Liquid Glo Interior Latex Semi-
Gloss or Two Coats FOB214-XXAA Acrylic Semi-Gloss
C. Pittsburgh Paints - Two Coats 6-8510 Interior High Lustre S/G
d. Pratt & Lambert - Two Coats Aqua-Satin Latex Enamel
e. Sherwin-Williams - Two Coats ProMar 200 Semi-Gloss
2.2 APPROVED MANUFACTURERS
A. Benjamin Moore, Montvale, NJ (800)344-0400
B. ICI Paints -
1. ICI Dulux, Cleveland, OH (800)984-5444
2. ICI Devoe -
3. ICI Fuller O'Brien -
C. Pittsburgh Paints, Pittsburgh, PA (800)441-9695
D. Pratt& Lambert, Cleveland, OH (800)289-7728
E. Sherwin-Williams, Cleveland, OH (800)321-8194
PART 3 EXECUTION
3.1 APPLICATION
A. General - See appropriate paragraphs of Section 09901.
B. New Surfaces
1. Primer -
a. Apply primer to be covered with other paint coats or with multi-color coating system
with roller only, or with spray gun and back-rolled.
97-207 &98-243 2 Section 09923
S.B. City Hall Restrooms Upgrade Interior Painted Gypsum Board, Plaster
C. Existing Painted Surfaces
1. Remove deteriorated existing paint down to sound substrate by scraping or sanding.
Feather edges of existing paint by sanding to be smooth with adjacent surfaces.
2. Clean surface with mild soap and water, or with tri-sodium phosphate (TSP). Wash
surfaces that have been defaced with marking pens, crayons, lipstick, etc, with solvent
recommended by Paint Manufacturer. Spot prime such surfaces.
3. Spackle and tape cracks. Sand to smooth finish and spot prime.
4. Sand or chemically etch existing painted surface as required to prepare surface to accept
new paint.
5. Re-clean surface.
6. Apply primer coat.
7. Apply finish coats.
END OF SECTION
97-207 &98-243 3 Section 09923
S.B. City Hall Restrooms Upgrade Interior Painted Gypsum Board, Plaster
SECTION 09924
INTERIOR PAINTED METAL
PART 1GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Preparing and painting new interior metal surfaces as described in Contract Documents.
2. Preparing and painting following existing interior metal surfaces as described in Contract
Documents -
a. Doors
b. Door frames
B. Related Sections
1. Section 09901 - General Painting Requirements
PART 2 PRODUCTS
2.1 MATERIALS
A. Primer Coat
1. New Surfaces -
a. Benjamin Moore - 023 Fresh Start
b. ICI Paints -
1) ICI Dulux - 4020-XXXX Devflex Flat Interior/ Exterior Primer/Finish
2) ICI Devoe - 8502XX Mirrolac W/B Flat Primer/ Finish
3) ICI Fuller O'Brien - 8502XX Mirrolac W/ B Flat Primer/ Finish
C. Pittsburgh Paints - 90-712 PittTech Inhibitive Primer
d. Pratt& Lambert - Suprime 3
e. Sherwin-Williams - DTM Primer/ Finish, B66W1
2. Existing Painted Surfaces -
a. Benjamin Moore - 023 Fresh Start
b. ICI Paints -
1) ICI Dulux - 4020-XXXX Devflex Flat Interior/ Exterior Primer/ Finish
2) ICI Devoe - 8502XX Mirrolac W/ B Flat Primer/ Finish
3) ICI Fuller O'Brien - 8502XX Mirrolac W/B Flat Primer/ Finish
C. Pittsburgh Paints - 90-712 PittTech Inhibitive Primer
d. Pratt& Lambert - Suprime 3
e. Sherwin-Williams - DTM Primer/ Finish, B66W1
B. Finish Coats
1. Benjamin Moore - Two Coats M28 Acrylic Gloss Enamel
2. ICI Paints -
a. ICI Dulux - Two Coats 4208-XXXX Devflex Interior/ Exterior Acrylic Semigloss
Enamel
b. ICI Devoe - Two Coats DP84XX Mirrolac-WB Interior / Exterior High Gloss
Enamel
C. ICI Fuller O'Brien -
3. Pittsburgh Paints - Two Coats 90-374 Pitt-Tech DTM Gloss or 90-474 PittTech DTM
Satin
4. Pratt& Lambert - Two Coats Enducryl
5. Sherwin-Williams - Two Coats DTM Acrylic Gloss Coating, B66 Series
97-208 &98-243 1 Section 09924
S.B. City Hall Restrooms Upgrade Interior Painted Metal
2.2 APPROVED MANUFACTURERS
A. Benjamin Moore, Montvale, NJ (800) 344-0400
B. ICI Paints -
1. ICI Dulux Paints, Cleveland, OH (800)984-5444
2. ICI Devoe -
3. ICI Fuller O'Brien -
C. Pittsburgh Paints, Pittsburgh, PA (800)441-9695
D. Pratt& Lambert, Cleveland, OH (800)289-7728
E. Sherwin-Williams, Cleveland, OH (800)321-8194
PART 3 EXECUTION
3.1 APPLICATION
A. General
1. See appropriate paragraphs of Section 09901.
2. Systems specified are in addition to prime coats furnished under other Sections.
B. New Surfaces - Remove rust spots by sanding and immediately spot prime. If all traces of rust
cannot be removed, apply rust blocker recommended by Paint Manufacturer before applying full
primer coat.
C. Existing Painted Surfaces
1. Remove deteriorated existing paint down to sound substrate by scraping and sanding.
Feather edges of existing paint by sanding to be smooth with adjacent surfaces. Spot
prime bare metal surfaces immediately.
2. Remove rust spots by sanding and immediately spot prime. If all traces of rust cannot be
removed, apply rust blocker recommended by Paint Manufacturer before applying full
primer coat.
3. Clean existing sound painted surfaces as well as scraped and sanded existing painted
surfaces as recommended by Paint Manufacturer.
4. Apply prime coat over entire surface to be painted.
5. Lightly sand entire surface.
6. Clean surface as recommended by Paint Manufacturer.
7. Apply finish coats.
END OF SECTION
97-208 & 98-243 2 Section 09924
S.B. City Hall Restrooms Upgrade Interior Painted Metal
SECTION 09925
INTERIOR PAINTED WOOD
PART 1 GENERAL
1.1 SUMMARY
A. Includes But Not Limited To
1. Preparing and painting new woodwork and wood floors not requiring transparent finish,
as described in Contract Documents.
2. Preparing and painting following existing woodwork surfaces not requiring transparent
finish, as described in Contract Documents -
a. Chair rail
b. Wood trim
B. Related Sections
1. Section 09901 - General Painting Requirements
PART 2 PRODUCTS
2.1 MATERIALS
A. Woodwork
1. Primer Coat -
a. New Surfaces -
1) Benjamin Moore - 023 Fresh Start
2) ICI Paints -
a) ICI Dulux - 1020-XXXX Ultra-Hide Latex Interior Wood Undercoater
b) ICI Devoe - DR51701 Wonder-Prime Primer-Sealer Interior Acrylic
c) ICI Fuller O'Brien - FOB220-02 Interior Latex Enamel Undercoater
3) Pittsburgh Paints - Speedhide 6-855 Enamel Undercoat
4) Pratt& Lambert - Suprime 11
5) Sherwin-Williams - Wall &Wood Primer, B49 WZ1
b. Existing Painted Surfaces -
1) Benjamin Moore - 023 Fresh Start
2) ICI Paints -
a) ICI Dulux - 1020-XXXX Ultra-Hide Latex Interior Wood Undercoater
b) ICI Devoe - DR51701 Wonder-Prime Primer-Sealer Interior Acrylic
c) ICI Fuller O'Brien - FOB220-02 Interior Latex Enamel Undercoater
3) Pittsburgh Paints - 17-21 Seal Grip Stain Blocking Primer
4) Pratt& Lambert - Suprime 11
5) Sherwin-Williams - Wall &Wood Primer, B49 WZ1
2. Finish Coats -
a. Benjamin Moore - Two Coats M28 Acrylic Gloss Enamel
b. ICI Paints -
1) ICI Dulux - Two Coats 4208-XXXX Devflex Interior / Exterior Acrylic
Semigloss Enamel
2) ICI Devoe - DP84XX Mirrolac-WB Interior/ Exterior High Gloss Enamel
3) ICI Fuller O'Brien -
c. Pittsburgh Paints - Two Coats 51-Line Brilliant Reflections High Gloss Acrylic
d. Pratt& Lambert - Two Coats Enducryl
e. Sherwin-Williams - Two Coats DTM Acrylic Gloss Coating, B66 Series
97-208 &98-243 1 Section 09925
S.B. City Hall Restrooms Upgrade Interior Painted Wood
2.2 APPROVED MANUFACTURERS
A. Benjamin Moore, Montvale, NJ (800)344-0400
B. ICI Paints
1. ICI Dulux, Cleveland, OH (800) 984-5444
2. ICI Devoe,
3. ICI Fuller O'Brien,
C. Pittsburgh Paints, Pittsburgh, PA (800)441-9695
D. Pratt& Lambert, Cleveland, OH (800)289-7728
E. Sherwin-Williams, Cleveland, OH (800)321-8194
PART 3 EXECUTION
3.1 APPLICATION
A. General - See appropriate paragraphs of Section 09901.
B. Interface With Other Work
1. Properly clean and paint light cove interiors before installation of light fixtures.
2. Where back-priming is required, apply one coat of first coat material.
C. New Surfaces
1. Spot prime nail holes, cracks, and blemishes before and after puttying.
2. Apply stain blocker or other product recommended by Paint Manufacturer to knots before
applying primer coat.
D. Existing Painted Surfaces
1. Remove deteriorated existing paint down to sound substrate by scraping and sanding.
Feather edges of existing paint by sanding to be smooth with adjacent surfaces. Spot
prime bare wood areas on woodwork.
2. Wash surfaces that have been defaced with marking pens, crayons, lipstick, etc, with
solvent recommended by Paint Manufacturer. Spot prime such surfaces.
3. Apply finish coats.
END OF SECTION
97-208 &98-243 2 Section 09925
S.B. City Hall Restrooms Upgrade Interior Painted Wood
DIVISION 10
SPECIALTIES
10150 COMPARTMENTS AND CUBICLES
10160 METAL TOILET COMPARTMENTS
10400 IDENTIFYING DEVICES
10441 INTERIOR CODE SIGNS
10800 TOILET, BATH, AND LAUNDRY ACCESSORIES
10811 COMMERCIAL TOILET ACCESSORIES
END OF TABLE OF CONTENTS
97-207 & 98-243 1 Division 10
S.B. City Hall Restrooms Upgrade Table of Contents
SECTION 10160
METAL TOILET COMPARTMENTS
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Metal toilet compartments
B. Related Sections
1. Division 06 -
a. Blocking for compartment installation and door bumper
b. Installation
2. Section 10811 - Commercial Toilet Accessories
1.2 REFERENCES
A. American Society For Testing And Materials
1. ASTM B 86-95, 'Standard Specifications for Zinc-Alloy Die Castings'
1.3 SUBMITTALS
A. Product Data
1. Manufacturer's literature or cut sheet
2. Color selection
PART 2 PRODUCTS
2.1 MANUFACTURED UNITS
A. Toilet And Miscellaneous Partitions
1. Floor-mounted, overhead-braced.
2. Panels -
a. Core type, galvanized bonderized steel sheets (minimum 0.00015 inch zinc
coating), edges bound interlocked with drawn molding welded on corners.
1) Panels, Pilasters, And Screens - 20 gauge minimum
2) Doors - 22 gauge minimum
b. Anchors - Non-corrosive.
3. Posts And Headrails - 20 gauge minimum of same construction and finish as panels.
One per stall.
4. Plinths - Stainless Steel.
5. Hardware -
a. Each Door -
1) Gravity type hinges with double handed, nylon bottom cam, adjustable for
partial door closing position, bottom hinge finished flush with door bottom.
2) Sliding door bolt.
3) Door strike and keeper with rubber bumper.
4) Coat hook/door bumper.
b. Finish - US 26.
C. Meet requirements of ASTM B 86, Alloy AG 40A.
B. Urinal Partition - Basic construction same as panels above, floor mounted. Minimum width
shall be 16 inches.
C. Finish And Color
1. Baked enamel finish
2. Color Quality Standard -As selected by Owner from manufacturers standard colors.
97-207 &98-243 1 Section 10160
S.B. City Hall Restrooms Upgrade Metal Toilet Compartments
2.2 APPROVED MANUFACTURERS
A. Accurate Partitions Inc, Lyons, IL (708)442-6801
B. Global Steel Products Corp, Deer Park, NY (516) 586-3330
C. Hadrian Inc, Mentor, OH (216)974-7120
D. Knickerbocker Partitions Corp, Freeport, NY (516) 546-0550
E. Sanymetal, Somerset, KY (606)678-2700
PART 3 EXECUTION
3.1 EXAMINATION
A. Verify that necessary blocking has been installed in framed walls for partition installation and for
place where coat hook/door bumper will strike wall.
3.2 INSTALLATION
A. Install pilasters rigid, plumb, and level. Anchor pilaster to floor with 3/8 inch minimum threaded
studs in expansion shields embedded 2 inches into concrete slab below setting bed.
B. Secure panels to walls with two stirrup brackets minimum attached near top and bottom of each
panel. Use fasteners of length to provide one inch embedment into blocking or masonry.
C. Secure overhead brace to face sheets with two fasteners minimum per face. Set door tops
parallel with brace. Set door bottom 12 inches above floor.
D. Plinth to be level with and snug to floor.
3.3 ADJUSTING
A. Lubricate hardware as recommended by Manufacturer.
B. Set hinges on out-swinging doors to return to nearly closed position.
C. Perform final adjustments to pilaster leveling devices, door hardware, and other operating parts
of partition assembly just before Substantial Completion.
3.4 CLEANING
A. Remove protective masking. Clean exposed surfaces of partitions, hardware, fittings, and
accessories.
B. Touch-up minor scratches and other finish imperfections using materials and methods
recommended by Manufacturer. Replace damaged or severely scratched materials with new
materials.
END OF SECTION
97-207 & 98-243 2 Section 10160
S.B. City Hall Restrooms Upgrade Metal Toilet Compartments
SECTION 10441
INTERIOR CODE SIGNS
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Interior code signs
B. Related Sections
1. Division 06 - Installation
1.2 SUBMITTALS
A. Shop Drawings
1. See Section 01 340.
PART 2 PRODUCTS
2.1 MANUFACTURED UNITS
A. Accessibility Signs
1. Mens-equilateral triangle 1/4"thick, 12"long edges,with base parallel to floor and vertex
pointing upward. ANSI A117.1 symbol for men.
2. Women's -circle 1/4"thick, 12" in diameter. ANSI A117.1 symbol for women.
3. Mount in center of door at 60 inches above floor to symbol center.
4. Blue background with white symbol, engraved.
2.2 APPROVED MANUFACTURER
A. As approved by Architect prior to bidding.
PART 3 EXECUTION
3.1 INSTALLATION
A. Install signs square and plumb.
B. Mount with permanent two sided tape.
END OF SECTION
97-207 &98-243 1 Section 10441
S.B. City Hall Restrooms Upgrade Interior Code Signs
SECTION 10811
COMMERCIAL TOILET ACCESSORIES
PART 1 GENERAL
1.1 SUMMARY
A. Products Supplied But Not Installed Under This Section
1. Accessories for Rest Rooms
B. Related Sections
1. Division 06 -
a. Blocking
b. Installation
1.2 SUBMITTALS
A. Product Data - Manufacturer's literature or cut sheets
B. Shop Drawings - Schedule showing items used, location where installed, and proper attaching
devices for substrate.
PART 2 PRODUCTS
2.1 MANUFACTURED UNITS
A. Approved Products And Manufacturers
1. Rest Rooms -
a. Toilet Tissue Dispensers -
Men's Women's
1) A&J Model U806B Model U815-42
2) ASI Model 0264-1A Model 0697-GAL
3) Bobrick Model 82740 Model B2840
4) Bradley Model 5241-50 Mode15263
5) Gamco Equal Model SPH-2
6) McKinney/Parker Model 1031 DLCO Model 2233LAT
b. Grab Bars - Concealed mount, 18 ga, type 304 stainless steel, 1-1/2 inch
diameter, and non-slip finish in configuration shown on Drawings.
2.2 APPROVED MANUFACTURERS
A. A&J Washroom Accessories, New Windsor, NY (914) 562-3332
B. ASI -American Specialties Inc, Yonkers, NY (914)476-9000
C. Bobrick Washroom Equipment Inc, North Hollywood, CA (818) 764-1000
D. Bradley Corp, Menomonee Falls, WI (414)251-6000
97-207 &98-243 1 Section 10811
S.B. City Hall Restrooms Upgrade Commercial Toilet Accessories
PART 3 EXECUTION
3.1 INSTALLATION
A. Install items in accordance with Manufacturer's instructions. Provide mounting devices proper
for base structure.
B. Where possible, mount like items in adjoining compartments back-to-back on same partition.
C. Locate toilet tissue dispenser-one at each water closet.
END OF SECTION
97-207 &98-243 2 Section 10811
S.B. City Hall Restrooms Upgrade Commercial Toilet Accessories
I
D O C U M E N T S
- OFFICE OF COMWNXTY DZVrL0PNZNT
COlilVMrry DEVSLOPMZNT DLOCX CPANT PJtOGRA.M
CONTRACTOR'S CERTIFICALIO4
CTICERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (;.poropriate Recipient) DATE
PROJECT NL:_ER (:: any)
'/O PROJECT `7A`S=
1. The undersigned, having executed a contract with
for the construction of the above-identified protect,
acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract:
(b) Correction of any infractions of the aforesaid conditions, including
infractions by any of his subcontractors and any lower tier sub-
contractors, is his responsibility:
2. Me certifies that:
(a) Neither he nor any firm, partnership or association in which he has
substantial interest is designated as an ineligible contractor by the
Comptroller General of the United States pursuant to Section 5.6(b)
of the Rsgulitions of the Secretary of Labor, Part S (29 CTR, Part 5)
or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C.
276a-2(a)) .
(b) No part of the aforementioned contract has been or will be subcontracted
to any subcontractor if such subcontractor or any firm, corporation,
partnership or association in which such subcontractor has a substantial
interest is designated as an elegible contractor pursuant to any of the
aforementioned regulatory or statutory provisions.
3. Ee agrees to obtain and forward to the aforementioned recipient within ten days after
the execution of any subcontract, including those executed by his subcontractors and
any lower tier subcontractors, a Subcontractor's Certification Concerning Labor
Standards and Prevailing Wage Requirements executed by the subcontractors.
4. Be certifies that:
(a) The legal name and the business address of the undersigned are:
(b) The undersigned is:
(1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF
(2) A PARTNERSHIP (4) OTHER ORW.NIZATION (Describe)
rage l of 1
(c) The tee, title and address of the owner, partners or officers of the undersigned
are.
NAM T:TLE ADDRESS
(d) The names and addresses of all other persons, both natural and corporate, having
a substantial interest in the undersigned, and the nature of the interest are
(It none, so State):
NAl� ADDRESS NATURE OF INTEREST
(e) The names, addresses and trade classifications of all other building construction
contractors in which the undersigned has a substantial interest are ( St none, so
_ state):
liAt� ADDRESS TRADE CLASSIFICATION
(Contractor)
DATE:
By-
WARNING
V.S. Criminal Code, Section 1010, Title ll, U.S.C., provides in part: 'Whoever..••••
makes, passes, utters or publishes any statement, knovirsg the sam to be false ..•.••
shall be tined not more than S5,000 or Imprisoned not sore than two years, or both-
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rule and
rquytiau provide that any bidder or prosoective convscton.or any of their proposed subcontractors,shall state as
an initial Cart of the bid or negotiations of the contract whether it has partieioated in any previous contract or sub.
Contract subject m tt+e equal opportunity cium;and. if so.whether it has filed all compliance reports due under
appn=bb instructions.
VAw.the cemr=tion indicates that the bidder has not filed a compliance report due under applicable instnrRiom
such bidder shall be required to submit a congplisncs r*port within seven calendar days after bid opening. No contract
*WI be awarded unless.such report is submittad.
CERTIFICATION BY BIDDER
diddr's Name:
Address and Zip Code:
1. Bidder has part iciosud in a previous contract or suboontrxt subject to the Equal Opportunky Clause.
Ys ❑ No 0 (!f uuwu is yes. identify As most reeest eommet.)
2. Caenpliarm reports were required to be fled in connection wnt+such contract or s AwntratL
Yes ❑ No ❑ (lf answer is yes. idsatify the most recent contract)
3. Bidder has filed all comoUnes reports due under sopUmble kwuetionK.inducing SF-100.
Ys ❑ No ❑ None Required ❑
4. If answer to item 3 is"No."please explain in decal on nmu side of this c rufimtiom
Cartiiim ion—The information above Is vue and complete to the but of any knowledge and belief.
/Nrwn rwe Tam of Sow(ps w Trial
�� ore
FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are
hereby and firmly bound unto
as owner in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly
and severally bind ourselves, our heirs, executors, administrators,
successors and assigns. Signed, this day of
19
The condition of the above obligation is such that whereas the Principal
has submitted to
a certain Bid, attached hereto and hereby :lade a part hereof to enter
into a contract in writing, for the
NOW, THEREFORE,
a. If said Bid shall be rejected, or in the alternate,
b. If- said Sid shall be accepted and the Principal shall execute
and deliver a contract in the Form of contract attached
hereto (properly completed in accordance with said Did) and
shall furnish a bond for his faithful performance of said
contract, and shall in all other respects perform the
agreement created by the acceptance -of said Bid,
then this obligation shall be void; otherwise, the same shall remain in
force and effect; it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall. in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its bond shall be in no way impaired or
affected by any extension of the time within which the Owner may accept
such Bid; and said Surety does hereby waive notice of any such
extension.
Ill HITKZSS YSLRlOT, the Principal and the Surety have_hereuato set their
hands and seals, and such of them as are corporations have caused their
corporate seals to be hereto affixed and these presents to be signed by
their proper officers, the day and year first mentioned.
(L.S. )
Principal
ay=
SEAL
OFFICE OF COMMUNITY DEVELOPKENT
COMMUNITY D£VSLOPMFNT BLOCK GRANT PROGJUX
SUBCO:;TRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
O (Appropriate Recipients) : DATE
PROJECT NU!3ER (Zf any)
PROJECT NAY=
/O
The undersigned, having executed a contract with (Contractor or Subcontractor)
for
(Nature of work)
in the amount of S
In the construction of the above-identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in
the aforesaid contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has
a substantial interest is designated as an ineligible contractor by the Comptroller
General of the United States pursuant to section 5.60(b) of the Regulations of
the Secretary of Laobr, Part 5 (29 CFR, Part 5) , or pursuant to Section 3(a) of
the Davis-Bacon Act, as amended (40 U.S.C. 276&-21&)) •
(c) No part of the aforementioned contract has been or will be subcontracted to any
subcontractor if such subcontractor or any firm, corporation, partnership or
association in which such subcontractor has a substantial interest in designated
as an ineligible contractor pursuant to the aforesaid regulatory or statutory
provisions.
He agrees to obtain and forward to the contractor, fo-r trtnsmittal to the recipient, _
within ten days after the execution of any lover subcontract, a Subcontractor's
Certification Concerning 'r- r Standards and Prevailing Wage Requirements, executed
by the lower tier' subcontractor, in duplicate.
(a) The workmen will report for duty on or about (Date)
!. He certifies that:
(a) The legal name and the business address of the undersigned are:
(b) The undersi ned is:
(1) A SINGLE PROPRIETORSHIP: (3) A CORPORATION QRc'.ANI= IN THE STATE OF:
(2) A PARTNESHIP (41 OTHER ORGANIZATION 1Describe)
(c) .rne nom, title and address of the owner, partners or officers of the undersigned
are:
ADDRESS
NAME TITLE
(d) The names d ,ntezestsinfthe all
undersigned, andbthe nature natural
Of theointerest are having
a substantial i
(If none so state) : ADDRESS NATURE OF INTEREST
NAME
(e) The names, addresses and trade classifications of all other buildinq construction
cjifjctors in which the undersigned has a substantial interest are (If none, so
NAME AWRESS TRADE CLASSIFICATION
(subcontractor)
By (Signature) `Typed Name and Title)
WAPUN I NG
V.S. Criminal Code, Section 1010, Title 18, U.S.C., providss in part: "Whoever,-- • • •
makes, Passes, utters, or publisehrs any statement, knowing the same to be false. . • •
shall b* fined not more than $5,000 or imprisoned not nor* than two y*ar, or both.
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
kewOiecT sec.
w&rC OF 00162C CONTSACTON
I"STRUCT1014S
This certification is required pursuant to E:ecutiw Order 11246 (30 F.R. 12319.25). The implementing rules and
regulations provide that my bidder or prospect$" contractor, or, any of their proposed subcontractors, shall State as
oa initial port of the bid or negetietiens aelehius�exandCif so,twhetherait hot filed�Illcorm►I,ince�eperts contract
due under
contract subject to the equal opportunity
applicable'instructions.
Where the certification indicates that the subcontractor has not filed a compliance report due under applicable in,
stnrctions, such subcontractor shall be required to submit a compliance report before tbo owner @►proves the sub-
contract or permits work to begin Under the subcontract.
SU&COMTIt ACTOR'$ CERTIFICATION
Subcontractor's Nome:
Address:
1. Bidder het participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yas ❑ No ❑
2. Compliance reports wort required to be filed in connection with such cootract or subcontract. -
Yes ❑ No ❑
3. Bidder has filed all Compliance repots due under opp""We instructions, includiag SF-100.
Yes ❑ No ❑ None Required ❑
4. if answer to item 3 is "No," please explain in detail OR reverse side ai this certification.
Certification — The information above is true and complete to the best of my Imewledge and belief.
M&rC &MO TITVri OF 564+.6,01 IPS408C »t)
990"A?woe DA Tor
SICTICt 3 CLIUSS
S 135.20 Assurance of compliance with regulations.
(a) Every contract or agreement for a grant , loan, subsidy, or other
direct financial assistance in aid of housing, urban planning, development,
redevelopment, or renewal , public or commenityfacilities,Housing eand Urban
community development , entered into by Department
Development with respect to applicant or covered
project shall
theContain
provision•
the app P Y
provisions requiring applicable
of section 3, the regulations set forth in this part, and any PP
rules and orders of the Department foz issued projectaPp oval of
its application for assistance
(b) Eve 1P application, recipient , contractinz party, contractor, and
or rate or cause to be incor orated in all contracts
subcontractor shall inc
for work in connection with a section 3 covered project, the following clause
(referred to as a section 3 clan
A. The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the requirements
of section 3 of the Housing and Urban Development Act of 1963, as amended,
12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given lower income residents of
the project area dcooncernstwhich areklocated nin, or w t
owned in substantial
awarded to business
Part by persons residing in the area of the project.
B. The parties to this contract will comply with the provisions of said
section 3 and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in 24 CFt 135. and all applicable
rules and orders of the Department issued thereunder prior to the execution
of this contract. The parties to this contract certify and agree that they
are under no contractual or other disability which would prevent then from
complying with these requirements.
C. The contractor will send to each labor organisation or representative
of workers with vhich he has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the said labor
organization or workers' representative of his commitments under this
section 3 clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
D. The contractor will include this section 3 clause in every subcontract
for work in connection with the project and will. at the direction of the
applicant for or recipient of Federal financial assistance, take appropriate
action pursuant to the subcontract upon a finding that the subcontractor is
in violation of regulations issued by the Secretary of Housing and Urban
Development, 24 CYR 135. The contractor will not subcontract with any
subcontractor where it hat notice or knowledge
not let any subcontract
hars been found
in violation of regulations under 2 4 CFA 135 and
unless the subcontractor has first provided it with a preliminary statement
of ability to comply with the requirements of these regulations.
t. Compliance with the provisions of section 3. the regulations set forth
in 24 CFg 135. and all applicable rules and ordess of the Department issued of
thereunder prior cia lhassistancenprovidedctot the tproject,bbinding condition
upon the
the Federal finan
applicant or recipient for such assistance, its successors, and assigns.
Failure to fulfill these requirements shall subject the applicant or recipient,
its contractors and subcontractors, its successors, and assigns to those
sanctions specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified by
24 CFA 195.
I certify that I have read the Section 3 Clause and agree to comply vith
the provisions contained therein.
Date
Signature
Company pane
Address
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INSTRUCTIONS FOR COMPLETING CONTRACT COMPLIANCE
QUALIFYING REPORT
JOB CATEGORY Laborers IUfuaiiledl: Occuoat'Wtt to whtcn a wor►or odor—s
ten Of fmlplOVOft. a va►aoty of fn Ausi wore to Ina ma.ritenance. rode t and
Cate H to to COrmoleted for all listed loo Caga te construction of Mgnwfvs. buildings. and diner faC.4.2.4m a^
Qefrnrhafq: unskilled wakes 9^0 twongs materials to. and coos preoaratory
Admonetralart' OCCUatlOns Which rfou.re that orrtolovefs aft wart, for.sattleci woraers an a tract.
broad policies. eaercea owfrall rospons.Wllsv for execution of
trio Servoce Workers: Occuataons on which workers perform Suites
oo:lcles. direct rnow/Qual oeoartfinentt or a spec which result to or contribute to the comfort, conv"lonce 'Osefo
contractors oowatlons, or prowl" specraltaed consultation on a and Care Of bualdirsgs, facilities or grounds of oubltc property
regional.district or area eats. anent heads. Workers In this group may operate"Whanery.
Includes: directors. ofputy dmecion. deve" Includes: CAaufffurs. laundry and cry Clfantrig ocwat.wn,
controlwt foremen, fuofntmws. WISIMtors. ono kindred workers. truck orwers, bw orwers. g♦r"ll laborers. custodial pwtOnmpt
Profesaronal: Occupations which reouirs specialised and gwdenws and froundkesorn, refuse collectors. Construction
theoretical knowwleege which is usually accutrfd through 'Dolwgf IatlWws.
tre.nrng or through work eape►enet and other training wwhreh 11. CURRENT WORK FORCE
prowWlS comparable knowledge.
Includes personnel and IaAlor reStrOns workers.social worker. This category is to nlaWrah the Contractors ctwrent otnubow ent
meson, p+ychologrilM tpntwee nurses. eCOnormtsts. dettctama. sutus.
Iawevers, system analysli accountants, engineers. emsplovfrertt and A Total ntmr*W Of *"%AOtrees: The contricta is to fit O..t the
vo:ationat remab.lrtatton Counselors. teachers or Instructors. and total nw-Aw of smrsoM currently fnfpoyso on own fob catcwv
►undyed waters. B. Eyck: The contractor s to pycf the Current number of Slaca
Technical: OCcupatrons whys% is we a combination of bears t 101Oy011,in each Oda in the Column for each pp calowv.
sf;rfnttltC W t&Chh Cal knowlfOge and manual skill which Can pe C. Mrsoanic: The contractor is to place trio current awmopr, Of
obtained through SpecWized oost•seCOndary school eouCatl*n N trnowyeff of Neoaruc crown In each boa to this cowmn for each
through eoumviont on-tho•fou tra~4 1ft eal"Ol v.
Includn. computer Programmers and operat ors. draftsmsfn.
s:arwevors. Itcensfo oracioul "wan. photographers. radio operators, 0. Awn or Pacific Islanders: The COnflaCta a tO Olen the
technwl tllustratort, hghwfv Iechnrcaans. tfcnnfcens Imeotol. Current numsbf► of ow4tioyan of Awn or Pacific Island agvn in
dental. otenroritc. plryt" screnCnl, assessors. MttofCtas. and each boa on this CIDWM for oasis fOb Categoay.
a.norea vvw%ors. E. Ar erwAn Indian or Ataakan Nelms: The fCntfWUW Is tO oldish
Styes: OCeuattone on which tie act of toning takes place. the current ownwfr of Amlarwan : :ion or Alaskan Natwe
e:CAange of proowty of env kmsd. or of tfrwtCn for An agree*form emtplOvM in each boa in the eolwihin 8 of"Ch pb catgory_
of Frofev or other walwoole Consideration. One erte"Wed • a F. Total Maisrietr: The number to be placed In each boa an this
travf+lang agent or refrnfntatrwf to sell WOW Or sarvfCSL Column wn be reached by addtrq the current numfbm Of Black.
Office and Clerical: OccuOatlom In which worker are Mispenlc. Aeon. Pacific Islanar. Amlericon Indian. and A4%un
efsponslble for internal and faternel cormhunicatton.rfeordaniI and Nalwe fmlpwyfes written In the lour prevton co&wmnL
rft►gvel of data ands fnforfmatrpn and other paoerwork required G. Tout lemalB' In 6SO Oett in this COIu11tn the ccntfww Is tO
on an office, place the total nMriOlr of whtu and msinb►tty femtaln employed rh
Incluon bookkenterL asKrneres. Office WMCllMe OperatGrL each Iob Casoverv.
Clark typists, Stenographers. statrsl" dNkL depatC"Wl. peyr"
Ceras. mesafngers.and ktndreewworkf►L 111. UNOERUTiLIZAT10N
Skilled: Occuatton. In which worker Perform lets whleh To establish WAether vndfrutilWtgn carets. a contractor should
rOwwo special NW-&wal skill. a tharesfgh and COmprwetsstfe detWounf whfthw the "total mbnarrly" pKCentages and "too, foetalf
knowtect"of the processes uwolved an the weak which a MMUWed ' In each Mob Clallpi Cation ore lows than would rtatofatsoy
thfow9n on•thertdt/ tratnanq a■nowto f, thorough aw"loeeshlp or be ORO as
other formal itaanwsg programs, be e.Ottar by the.e%eo"rizwy.
Incluon' P"K%3n&s and FcMwrgwn. elfCtrrCaens. hawry Aster rrsakma the fxmwsrtsen. IM Cewrrsnor who.dd WMf a a:nKa
fuuromsent ooerston. stationary en"lam. skilled msachrrnst l JI an the toe tMt aaafttes 1"yes"or "no'I la each category.
beeupallons. Carpenters, and coeposrtor am typeMOern, Wes
honored wArkerL IV. ANTICIPATEO MIRING
OOeratwe fSewuskilledl: OCCualoOM in which workers are The contractor should note Ile numlter of emaoloven trip
partly willed, of doing manual mark that repYOes only lMMted Contractor tans to fee both es additrorsN ffmployefs and rfOlitemterits
training,fapatfnCe Or knowrfOp. for each pb category.
APPENDIX I
Category Principal Business Location Goat ■ Parity With
Contractors exceot San Bernardino County Riverside - San Bernardino- Ontario
construction S. M. S. A.
Contractors except Within Los Angeies. Long Local S. M.S. A.
construction Beach. Orange and San Diego
S. K S. A.
Contracx«except Yl;;.:.- .,.:::ornia. Cut rot Area business located,unless
cohstruct.on Su: e:::.arotr.a. Orange. Los have offices in Riverside-San
Ancetes. Sar. Diego S. 0..- S. A. Bernardino-Ontario S. M.S. A. —
then panty same as Number 2 aoove.
CQ:'--'=Or$tart✓; Ou:::ct Cz::tzrna Principai place of business
c.utruct-oe
COn--actors 0AMpt Wig L=a; suff parity tat;% R:ver::oe
corstr6c ir.r. San Bernardino-On-mrso:. M.S. A.
Construction N/A ?ivers:de -San Bernardino• Ontario
c ntnctors S. MI. S. A.
GOALS FOR WOMEN IN CONSTRUCTION
Or A;-.: :;78. the Departs m of Labor.Office of Federal Contract Compliance Programs estabissrec
goals fo: az Zarttcipttior. of wornen in the eomtruction industry. These goats. which "I apply to ats
work force iewis.categories.crafts.skiib.and apprenticeships.are the following:
Time Frame Goals (in Percent)
April 1. 1978— March 31. 1979 3.1
April 1. 1979—Match 31. 1980 5.0
April 1. 1980—March 31. 1981 L9
AFFIRMATIVE ACTION POLICY FOR CONTRACTORS AND VENDORS
Nair of Contractor
adopts this plan to affirm its support of a prograsa of equal employment opportunity, and to assure
eoapllanee with Executive Orders 11246 and 11375, Title VII of the Civil Rights Act of 196,6, Section 503 ei
the Rehabilitation Act of 1973; the California Fair Employment Practice Act, and the implementing ent:ti's
Affirmative Action Compliance Program. This contractor agrees to assert leadership within the cc"-Unity
and to put forth good faith efforts to achieve full employment and utilization of the ea?abilities arc
productivity of all our citizens without regard to race, age, color, sex, relit:on, ancestry, natior»1
origin, marital status, or handicap.
This ContraC.of further recognises that the effective applieatiOn Of a policy of ecual employment opportunity involves more
than just a policy statement and will. therefore. undertake affirmative action to n+ake known that equal opportumuts are
available On the baus of individual ment,and to encourage advancement on Nis basis.
The following Affirmative Action P409ram is hereDy established as the policy and pracscas of out company:
Instructions: Indicate your policy by Circling the applicable letur to the left of each item below. The letters
are to be interpreted as follows:
A. This is now a practice of our Company.
B. Our Company will adopt this policy.
C. Out Company cannot or will not adoot this policy.
If"C"is circled.explain reason. Use separate sheet if additional spats is nwefed
Circle � Items
One
1. Our company shall recruit and hire all employees without regard to tats, age, color, sex.Wi9ion.ancestry.
A national origin, marital status or handicap, ono will treat all er►teloyets equally in respect to compensation
and opportunities for advancement.wicluding upgrading and pro►notsom
8
C EjWasn -C-
2. Our company will actively um nwuitment sources such as employment agencies.unions.and schools which
A have a policy of referring applicants on a nondiscriminatory, basis.
B
C Erpfam-C-
3. Our company will disseminate its affirmative action policy e:ternapy by informing and discinsing it with all
A recruitment sources. by advertising in news media. specifically including minonty nevus media. and by
notifying and discussing the policy with all local minority, handscatsoed and women's organizations and
subcontractors and shall maintain records of the organizations'responses.
C ExpJam -C-
Our company shall make specific and constant personal, written. and otal recruitment efforts directed at all
A local minority. handicapped. and women's organizations. intlud" schools. recruitment and tr31n,n2
Otginl2aliOnl.
B
C
Grcle Items
on* "
S. Our Company %hall make soecrlrlc effom to encourag@ present minority, handicapped and worsen emolovm.
A to recruit their friends and relatives whose Status also comes under that of minority.handicapped Or worsen,
d
C Esplam "C
6. Our Company will maintain a file of the names and addresses of each minority soolicant and female
A apoliGnt referred to the Company for hiring, and if the applicant n not considered for employment or was
not employed. the cornoany s file should document ttus and the reasons therefor.
8
C Explain "C
7. Our company shall notify the implementing entity Contract Coeplianee Officer when the
A union or unions with whom our company has a collective bargaining agreement have not
referred to the company a minority, handicapped, or female worker sent for by the company
d or the company has other information that the union referral process bas impeded the
company's effort to meet the established goals of affirmative action.
C Exa«n -C-
L Our company will actively take steps to integrate any positions. dcoarvnents or plant locations which have
A no women or n»noritses or are Samoa staffed with one particW&r group.
8
C Eipiamrt -C-
9. Our company shall insure that alt employes spec ifications.selection romirernenn.tee=and other employes -
A psc, itment or,evaluation procadures do not discriminau against minoriUss,handicapped.or wronsen.
s
C Esplame -C-
ID. Where reasonable,our company shall develop or finance on•the-job training opportunities and participate and
A assist in any association or employee group training programs relevant to the Company's employee nemds.
s
C Eip»mn -C-
11. Our company shall continually inventory and evaluate all minority. handicapped. and female personnel for
A promotion opportunities and encourage minority and female employees to as such opportunities.
s
C Explain ..CC
Grcte I terrts
One
12. Our company shall make Wet that sef"only prse•ticts. iob classificalions. rates of pay. and Cesar fa.-m% of
A comaensat+on. and other employee practPess and classifications do not have an unlawfully discntn,nat"
effect on handicapped. minonty Or female amplOytts.
8
C -c-
13. Our COr. Dany will make certain that all facilities normally used concurrently by all cOm7any activities art
A nonsegregated.
B
C Exp/arn ..C-
14. Our company shall make certain that all subcontractors are lsl compliance with the
A Affirmative Action Cocpliance Plan of the leplementirg entity, and that all project
subcont:actors have an approved Affirmative Action Plan.
B
C Explain C
15. Our company shaU solicit bids for subcontrwi from minonty subcontractors and female subcontractors
A subject to a•aslaalrty.
6
C Explain C
s
16. Our company shall nuke every effort to provide after school.summer and vamtion amployment to minority
A Youths.
8
C EJW.M -C-
17.Our company shall continually sonitor all persontsal activities to insure that the
A topleaentin= entity's Affirmative Action Policy for Contractors and Vendors is carried
out.
B
C Exp/aat•'C
Dora s.�warw.
Tow
CERTIFICATION Of COMPLIA,NCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts
and related subcontracts exceeding $100_,,000)
During the performance of this contract, the contractor and ill
subcontractors shall comply with the requirements of the Clean Air Act ,
as amended, 42 USC 1857 at seq. , the Federal water Pollution Control Act .
as amended, 33 USC 1251 et seq. , and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended. and
Executive Order 11738.
in addition to the foregoing requirements, all nonexempt contractors
and subcontractors shall furnish to the owner, the following:
(1) A stipulation by the Contractor or subcontractors, that any facility
to be utilized in the performance of any nonexempt contract or
2 not
subcontract
ronsentallProtection the
Agency (EPA)violating
pursuantFacilities
CFRissued
15.20.
by the En
(2) Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended, (42 USC 1857c•8) and
Section 308 of the Federal dater Pollution Control Act, as amended,
(33 USC 1319) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued
thereunder.
(3) A stipulation that as a condision for the award of the contract,
_prompt notice will be given of any, notification received from the
Director, Office of Federal Activities, EPA, indicating that a _
facility utilized, or to be utilized for the contract, is under
consideration to be listed on the EPA List of Violating Facilities.
(4) Agreement by the Contractor that he will include, or cause to be
included, the criteria and requirements in paragraph (1) through (4)
of this section in every nonexempt subcontract and requiring that
-the Contractor will take such action as the Goverrment may direct
is a means of enforcing such provisions.
I certify that I have read the Certification of Compliance with Air and
Water Acts, and agree to comply vith the provisions contained therein.
Signature Date
Company Nam
Address
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS : That we
a
hereinafter called " Principal and tale o
hereina ter ca ed the urety" , are
he d and irm y Dound unto
o
IV
hereinafter ca ea Owner in the pens I sum of
Dollars ( S ) in
lawful money of these United Sta tes , for the payment of which sum
well and truly to be made , we bind ourselves , our heirs ,
executors , administrators and successors , jointly and severally ,
firmly by these presents .
THE CONDITIONS OF THIS OBLIGATION is such that Whereas . the
Principal entered into a certain contract with the owner , dated
the . day of , 19 a copy of which
is hereto ached and made a part hereof -Tor the construction
of :
NOW , THEREFORE . if the Principal shall well , truly and faithfully
perform its duties , all the undertakings , covenants , terms ,
conditions . and agreements of said contract during the original
term thereof . and any extensions thereof which may 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
shall fully indemnify and save harmless the Owner from all costs
and damages which it may suffer by reason of failure to do so ,
And shall reimburse and repay the Owner all outlay and expense
which the owner may 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 of any such change, extension of
time . alteration or addition to the terms of the Contract or to
the work or to the Specifications .
PROVIDED , FURTHER , that no final settlement between the Owner and
the Contractor shall abridge the right of any beneficiary
hereunder , whose claim may be unsatisfied .
IN WITNESS WHEREOF , this instru-ment is executed in six ( 6 )
counterparts , each one of which shall be deemed an original , this -
the day of 19
Principal
rincipa ecretary
( SEAL) By
( Address )
witness as to Principal
(Address )
Surety
ATTEST:
By
Attorney• n— act i
( Surety ) Secretary
( SEAL)
Witness as to Surety Address
(Address )
NOTE: Date' of Bond must not be prior to date of Contract.
FORM OF LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS: That we
a
hereinafter called "Principal" and
State of
hereinafter called the "Surety", aze held
hereinafter
firmly bound unto
called "Owner", in the of
($ ) in lawful money of these
United States, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these P r
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with the Owner, dated the•
day of , 19 a copy of which is hereto attached
and made a part hereof for the construction of:
POW, THEREFORE, if the Principal shall promptly sake payment to all
persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the prosecution of the work provided for in
such contract, and any authorised extension or modification thereof,
including all amounts due for materials, lubricants, oil, gasoline,
coal and coke, repairs on machines, equipment and tools, consumed or
used in connection with the construction of such work, and all
insurance premiums on said work, and for all labor, performed in such
work whether by subcontractor or otherwise, then this obligation shall
be void; otherwise to remain in full force and of fact.
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 accompanying the same shall in anywise
affect its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terns
of the Contract or to the work or to the Specifications.
PROVIDED, FURTHER. that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied. '
Ili WITlfESS WHEREOF, this instrument is executed in six (6) counterparts,da
each one of which shall be deemed an original, this the y of
19
ATTEST:
Principal
Principal) Secretary
(SEAL) By
(Address)
Witness as to Principal
(Address)
Surety
ATTEST:
(Surety) Secretary
(SEAL)
Dy
Attorney-In-Fact
(Address)
(Address)
CERTZFZCJAPANESE PROPOSED CONTRACTOR
RESTRICTIONS
AA r kaT-21 Md
against the use of
action 109 of the public Law loo-202 iers who are a from countries that
oreign contractors and sup works projects. To date, Japan
iscriminate against II-S. firms in p The ban applies
s the only country to which these restrictions apply.
engineering or
,O construction contractors a the construction l �
or rehabilitation hof
cervices directly relating firm is affected by
the ban if 50% or
►ublic buildings or projects. A
yore of its stock is owned °the°listlOfdforeign citizen
countries that 1Odiscrima
!oreign country included on by the U. S . Trade Representative
lnate against U-S. firms P the ban. A clause
(USTR) . General partnerships are also covered by
entitled "Restrictions on thec construction contract Public tract Works or the proposed
included in the body of
project. This clause- po�o�dsscontracta definitions and restrictions
pertaining to the award
The bidder referenced below is the firm, company, corporation or its
representative proposing to do work on or supply materials for the
project.
C,ontractor"s Certif ication
Bidding Contractor's Name:
Address:
1. Bidder is not owned or controlled by a firm(s) included on the list
of countries that discriminate against U.S. firms published the
USTR. True_ False__
2. Bidder has not or will not subcontract with a firms) owned or
controlled by a country once USTR list. False,_,_
Bidder will not use any construction product or materials including
3 . Bid ant, electronics or other
permanently affixed instruments, equipm
devices (excluding vehicles and construction equipment) of a country
on the USTR list. True
Certification - The information above is true and complete to the best of
my knowledge and belief-
ame an Title o egret pease type)
ignature e
Note: Failure to complete this form is cause for rejection of the bid
as not being response responsible.
I I
L A B O R S T A N D A R D A N D P R O V I S I O N S
U1 D"w wwww a %am"
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aoofwm ays appmww wssfsca0w ad wap•ns and WWI"aw"No pr"e�' wnaan rotas b M cortwsctof.apdnaef.apOf>rwfn a eWnolf.
v.•rsafe any w*en Vw fo"owvhg f7rana nut•been era[ fm"tar.atw
r)The work o be Dr+Dfff+w by is FM rise glen aaoon ore may ore r.o.aany ti Caw tow eusoenvo a anti
ws•ei.arobon rovueaeaw WNW pay 0 SONWOO .or gsatrantso a Uroa tMtat uaews wsotnofo stool
peftof"re0 fall a c aawficAlon n we wap•ew�fflflaarL old oeaad 1 jO m a MMgf W nay.actor wfffw"O W b woe GOMOCwf•M-
R)The cmww. son is wbm in vw area by Vie om+abt+aufaf+ b I I subs 41"wi MS wdhhOe Or one an MCCO N Of VW mnwaCW Of sue-
awd bona tree*woe 1D Wrom cooly acs due TM Coaato-
��p)The pfopbaw weq•fats ife�q a^r �' fwwx1e'r o Viol rwDolnhfa afrolvyw
tl�beats•ressdfoae O wegsfr0 O woe wapa rates awn www n w worts GeneW alas"ore*Aft OtabfnVW MS n to Coe a ewVC1
pbaa.gsdan ACt oefWSOta roe sore noses rstssasq
Vogl OgWrweneVi0ft 3,�q pay"as ON basie nawres•palffoes
A)w st.etoffweeoor a+e wr tseofbfs am meefwsrea o a o"tvaslfsd to drum
n w CW000p6caoM In know%or wwtr noprsa wGffV too-ate MAD M• Vnnto ttatas r nsawsaffre by Vfa omwsteo for labonfs am
dw,gneta agfw en to Clsaaieisen ono wage fans wCol "Viol ante pw 'ee w a wotso0 M wwVa/ems Vwesuaf
oes+gnatab Ior tfw+ge befseko wn+ar•appfswfsnaL a re0mt of h saw molc"Vwo WW"at Vr as a go wok Ww+eolf�ws"w�pe
tatun aa+saf tot shut b MUD r as enr9neol o we Ae"rwseMW a VM Wage lIOYMnq AM a tg37.er unsay Via Mownp Vr lofts".
ale star Ofw low �madlr"wo Sar4oe ti AenrrwswaamL X1.5 Oepawffof'a Ot OVA"V "a Via m01 M loess fiords go Woo
a Laser.wWOOM " 20210 The Aenrrwaoc.or an auwwuw aeefaea.are Bowl saes w ntftfsbm of eaen suet+voww•to of ner eea
feww wrww�te•`f'a aaofv».n oew%.or esaoofe"s«efy aesfsofof tttasab- roet�soti noufty tat.a Wages w" �OwAvowe
talon atom w"a"n 30 sM a Naps and so assn"MUD or a ewq"n trots a doss a•aomee for rains we ftw+ge �V+ol Dols-►�Cm+ACC
w wai neolfy MUD,or is Oesfpf+ole w4M no 30-eey OefwfO rat eedwow wise•a ns types Oahe aao n Swims 1�biC2f�1
,a a"SCataay.lAOad"w M wo Otaool a wwwovowd and Weow ea g aft wooly nvowolf a Hoofs wofkstl eolouewf+a mole"one acs+sf
Wogs Oe1Q Wawtoltwr to Sole*way a Lalsef teas teune W+eef 29 CFRf�
her O&AS aDrssa t+tarfwfr 1215-0140.1 a foamy or"saChWW W40AG ne awas/M
(C)an w wove we sefWOM.we obolnn r"rcnrwe 10 M INVI M 111.1 b n Ofe'fffbffg awww WNW a Ow far/nom
n w aifa4�CJttefh e►Vial fepst•navhtwa.one MUD Or a ayr Coss rassenebtf �aCSfh ACL OW Cdfwww
W,Wwyfa n nor agfss an Vn pfspeew wasrseatwn one we"raps gfmn eolacnbae n S@CW 1(b�M a Vro Oases• sfMws
,�Via wraum Ongnro or tinge b WWft wnas epproor+� anal esamoftn t000ass wtsors efw.Vet sr os"w+wnr"a o of AC
Mupj010 qiMl
i
apprW96M,Tt»abewasr road or apOr"f-CIO o
sea+tea Ma^,w PM ra^a"Wwway rwparrraaa. n"rive craarscattm anax not be 9f"W rea>•N revo mar*esed r Vo
po'o'0 am was been wd in"vow W aa
eseaaeaa u o tnr enara.wort ta►Ca unbar W"���arw
or "'Cru/rrta asaored.a/e0 recor"WrW-h Gnaw M Coss area• "rortar rnad on a papraa at an appr"naca rsr.rar Sift+ o,'eve ed
MrCre WWWO W vWkA go
p+M.yal meet/eCVrraa Ora�'rr9 ram!gram wA~ a pWAb raft en+ raw a as/mare a°°"a. n&%oM We Sir aaaam'emaw M
ap,pranem d rar+wl under approved prop apoK�ra e■aga raw on tea wapa oawm
�or we reg�sQfe d aoovanaealr"p programs stno ears• waft aea+arry perlorrrea4 h a0oner.arty apaa^eu pera'rr*'^9 bears on
ama Sift rsgrasaw a Sir appreMeCaa and Ww"'PO . rw pD am n ateasa d law fluo PWTruaed vr4ar met regrlrre0 program
r seers iWor n va aoouc+ar pro9raw+e, rar on raft.raga eaAr m•
and wage rare Or�row WW as paid rw was Sitar tti aopi"ora .rape ���
enema ar4 l+dgat unoar OM6 Canso+ Where a convacwt a
eo�,1111 DID or wnagarr+a^s moon b r+a.raft aetuaar paron+eaG
t2t6-0t&0 and 1215-0OM ponsvueoon an a prone+n•Malrty oaw Hr'ru n whim a program a
uym lybm't erMtry for seen.«K n wnerl+ar+r �Tea mama and wage razes la:asawd n pareanrgsa a Sift Our.
(a)The OXWUietor a cove a W o+'!r�n r+UD or a oar9r'ao t ra ./no�rry ran)sp�acrbeo n Sir C,or,vaetor's or suoconvacW$rsva-
.port a penorr"a0 a no►sucm a parts molt a oa+o at Sirs
„t y.a a party 10 va Comma trot a ra 69w cy aoor+aw.or Owner. of prop►arn vas be ooerered. Every aWOnCWA
"Coe WW&AM rr Peyton tag we.pow sae Trr psyroaa Was ram TM raw somerw n law rogiswed Program b law aporemwe's
Am way K ter tranarmaaren tag KM or a easig reel d o►oq.ssa,"O►esmed as•perCanIW Of M pur+ryman hourry rar
ed st�au set sees acu+ratatlr and Coaompy so a Sir svec&W n We&Doscaa+a.rave oetarnem,msa►t AOp+enoese srtan in 0e'a
o n a e�mrtta'nad unemr 29 CFR part Ss S0a, T 'o 0 0"mmao" Were Sir prowa'onm d rr apo►OMKOW0
Form Wm.3A7 a ae�eraaa �'r'va w^�n aeeob area ram dams not aa+erh t+n9a Ponta
a.rprrtraed n any tore+sasrro OO�+a� d OoCU' prograrr>,r Sir aoorehscaawD 0rd9 hand an In
arry,OSa and rhar to Owptamrd tro�h at. Goo '^^ap aoprerseam snot as peed Sir tuft&Mo�u+rt�°rlt"rM aorrrns:rarr
�g.00b•CpOta-tl u S wags awn,w,aser,rar Sir aoo�rc
Imo.rq�oca t Parol by s su �a""Ono" � aarrn+nas vat a�Ot W4 n�osnn WO GNw r WNM r,
a.on of Coosa d payroaa Oft as aubcor'rs wmlracatort tvegea
r aaarm"WROm and guogmt unow 06A9(OW01 wrmoar Vw erem Sir&0 w of Apo►er+haar"p ana Trarrrp,or a San Aoorw-
,tl j by a-Swrrra m d saav W"o AperOy racognured by yr bureau.W WW"ap w*w d an
f1)Each Peyton SAWS ad arms as W o/feper" d tea or per&gams appwns0eVW ir09fmm M comaetor will no to be PVWA ed 0 us=
arks-Signed aril law ta+vaaor a svetor+s Wean►yr aaorW*CW at rag rah Sin appresbr pre0errtmned ran for Sir wort
rya a wpwer+em Sir payrna^r perber+ed PrOgrarn U aoprw#e&
d Sir Parsons unM an acoe0rada
a arO VW am"we%MWWW Q X)Twtnaea.ExoW as ON WAO 0 n 29 CFIt Stg.vsmrea wile not 0
(t)T1tu tea porrou Ipr era dermas penod Carft"TM ntontiO+ panmeeo 1G wort at Sias ran Sir oreeatare"nad no b►s»wort Per. .
rd o be erm+la+rr'a unow 22 CsR part SS WOK)and that suca+ torroae uruea/nap we employed POWA Sit tag are mdiaeupy wgwrrad in
moon a oov a and co"W SUc a p 09 W100n has ram ad prior mop VAL e'neenaad try lorrrtal Cares.
M ThM each sorer Or measamc k4k'C'nv aech he'a'r' mum by we US DeparwhorK d tied►.ErrOWIr iert and Trm"Aenurs-
roe.aura we~)empwyed w we o nvw ourr+p Sir payroll perra0 asasor Ttr woo el VWMM ID purnapman on Sir lap Sir WW net r
an Dow w bA"r"Oul Wavam���arr+aK artery or+r'. v►awr Sitar+panmaad tei0a►In plan apvr�by IN LTOWP au and
reesp.ono Sirs ro eaax+ona oeeuetors as art Traroov Aemm�at Usat Ee'arlr tartan Is"rd be Odra at etas tsel Sinn we time
ram rw rum waves earvMML ear►won pwwms&N 1e smc,md in Sir approvo pMrWn for ter vsmre'1 wM d pravraas,
.29 GFR►an 2 tae been peg nee Nam ran on expressed as a perosn-g a we purnsyr w hurry ran speC*w n 90
TAU ease+rbasr or neeee+ahr: sort Trarwm Or"M pad trip brats n
ears.rave rare and trove saeeas or Cash eovnaleno b the Cam• accorow=WMVW NDMN,rr d Sir roman program 1110 var+um pw-
n or wort perlorrrad,as spm0*Ad in Sir ppboam wage asn"W-11. gram ease ht ernmen Wmp aanatrs.roltoas alga to pars>r W
.p b—and rte rte COnraCt W arnor a at tnva barn"band an WS wave earrrmrrrsen urine ter
K)TAe.raenh sueraeam'on d a Orooertr eaeewd arst'cstah Aar"Wom Tatar d Sir wave amd Hefter Orua'on oovo~M rat rrw a an
rrre.nt se s aa'on�nl"i For "art d 'G°"'pr' OSWY Sift aoorusoaaI; program smovietee berm+h ooneeoanrmty pWMOy"isr'
wa+wd M wna:h prvmsas to saes non sup
oaap ear an ter wage Mrnsrnasa^ trama0 w ter payrou am a
sloe+A.3400)d nee seCW Mnepr lot app"WaCae Any emorofrea
In Ttrr MdAraoon d any d rte abe+e GWWCS ono rump arrblea 9r OM ear Who•nom wpnaee one per�no a+a vsmerig plan
o w or woeonrseror ID&W or Crenew proseaAan unbar UWAR ti ra F-IV" rant and Traff"n0 Adf"Ww ramoh abaft am pmd net
r Tram t•and Secson 231 a Too»a the Una W SWISS Gera. Ilea Man!+a a00t�ipr�a ream on sr ova"aarr*owaaen rem rte waA
TvW cenaotlor p 0AWAn am sham nave na reeoraa mower ti o0asat army versus pW"rWWV weft an Sir lab sea
pw"rapn A.UIW na seeban swWWRAa rar Sir t 080e,Gag V 9 err �TM tm�ur,W sa ravanre0 program snap to an'a
room b auanom"reprssar�d WJD a•eem�� ova Nam~VW appWAM.rage an an see+spa eerrn.rWW br rye
nears of 60M.and enmm aarrat war► rworaaentat ar aua'oae� .Tara ae�+agr oerbnreee mn Sift eererK 1M ErreOttyrreaet and TtaeMg Aerrrme-
"M eue"WW%Wg noun are 1ti Imp WA air~Wwdtswa approve d a vawng program In=FWD=was rte
lama to aroma rte reamerea weorea e►b mare ram are+aesa. rnga M WMmmv b umissa s•srres as was sew+the apot"sta Prowler,
Se"I b @ map.ash venom nos=o rte COMMM.sporoaer.magma'- era0 ear ter Sir Wort peAOruoa urn►an sceeptaeta program a
it owns►,bare wCr'aC W as WAY M nsesaaarr tD CaNae•r atlr
IM d any purr pmr ram sewrw.or Ouararra a bM<FuNw- aagfO1� Th wttarer►of"Pro"Oaa
ra Hawed wcorm won reou"r o tow suaat �'1 WW mffwyw"� '"*.Woe W aii-an 10 in QW*WWMv Tom go
rl ave'tatra may grounds we esbarwimm scum purwarm o a I o"al and ta',t"'OaraOur.nrnn at Exacuae ISGL as
ba psi ersptoprrtant Orel
%M LIZ amwdao.and 29 CFR pact 30
Aporers`eam arse Tweaea_Appren9oam.Aoprer Wax 1a par- L Ca MPAS�ea W9h Ceoetarr Act err WAL TAa a gwarp r alts
W"roes at raft ran rte preaerrr"Wae ran tot to wet telrr par'.a eomory.law+Sir seouremats @129 OFR Pan 3 Wheat are otporporaas0 N
C wren My ay.emosa'y.o pursuant ID one v"p"&mar raglatmrad
toe appfer+sewr"p Ome'g'a"ra'gmere'd ww+re US-Departrrw G' �e^0e a T1W coraaCWr or urbemrrrecrr.rd.ear+n any'WJII*
(f'vjC yrrrm one Tram"Aw"novaoort burew a Aaorerrxeaetd Corraes rte Caws eon we a+29 CSR LUSH)*rough h0►one twos
recogmsed b Sir e+srucbm Claus"&S Wjo or am agugnse ter'or PWWo O ffewy,«�� Ire&a 90 oars of proommor y O°'~ and move elawm reou+'n0 yr WACOMscla"s 0
n wen an aoaerh+asm program.Wrr a wears _
WWASM as an avarenSCO Via CfaYmr n auey lower Her subeerra WWII M
er.w+r V raowrw n Sir p o rm ten Who Aga teen oersime N a 1ti oarr4ftons ay ary►&ANW rrsCWr ar mower sa►suooarr
one Twnnq Or a She App"WaG m e AOwtor w+porarere n 29 CFR Port S.'1
SPPMpMla st as eke"lor preoa"W"y er1001rrar d all Imc- Wdh am To eonaeCt trauma.
r �� , t b, n a sa eonsan agues n pootasf�^w a nm not r ww"One ano ewa•nan srnM er beak MIS M
s s ,M pv„nea Or r•wwre^a*a m^*seL one ter eear- rev for an noun..orkao n asCaea a agf'S rlours"0ry vu0n0u w w
n 29 Cf a 112 rasa Of"fours r such wortiws wl"C""«0 tl�sx'
.a••aenranor and•w+000r*►se+or as o'a•iOS° . a*f188rd flmuawea.to lhe
L C/ a��Qevb•ttla��fr W 04"tad ACr Rav% 40100" .Y ni- (21 VIa1e00n:i1a1>'fy r uM� awes:
s an0 �a tM Devra-Oacon and 1AW"d ACS CW% rro n @%VM Of any w0iason a rw CAauw so tarwr N w,00sre9rw(1)of car
",�R f►aA 1,l and S are h~wworparow by�re^u'n 90 paragraph.go Consacax and am woCOn*acts r�o0e»+er f+welor WW
oe j,&bW for h unp" wage in 8"1110 L suCfl contacts and WDC+Or-
xact
1. tWsS Iaser siandafls.D400es ans,nq ovt a car fatior sacra.Shan be wbf.10 a+a United Sine+Iv+ty+e casS wort Done un0er
Pastas anwisro^a of cars oorwaa gram not be wbfecl to wv gyn0faf conwact for w+a t�ssrct of Gaun+aa a a wrrtory.to wcn Drssfcr a>D amen
puts esuse Of w14 CpnwaCL Suer efsaurs WW be res0rre0 n 8CCw• wntwo for MQu4swd aamaga Sucn MOWOaad Oamageg gram be Don+•
xs.a+rw aocod oft a caw Depanment of ubor Sol som on 29 CFA purl wrth resoecr a"CA ramous,taborer w nocran+c WwA owdg
wfwun s1e n+eana+q 0 vus Gauge nduOO ors• watenmef%and quarcm emocyed in vataCan of tM cause stl km M wC-
its S.6 sf.d 7 Ofspurs f
es M ae'en vw Cron. c w for cry 0143 suD=nw&cwnj and MUG Of a paragraor(1)of 1Hs Daragram rn wW can+of S10 1w$gem cawnaar car on
,ones.vw US Depaignent d LAW,Of Vw empfoyews of wlwr whien such wary+ouat was required a p0""Mod ID worts n escen of eqm
hours Or in C:CGU Of WW Mr4ar0 w*Mw9"of"hours♦w**wI pay
xeSU rho w.s Conwam ere Con- went of car ovemow wags feguwoc by wa ctauae sat s0fw1 n w00-ra•
10. cArNicawn a u4boy.by err+wlq ar Mal who graph(1)at fts oaragrapR
as Calt�Ms m raton a er+a 1M or anal nor r M"9"o ae (S)WW Wdbq tr w w w wag"and bewwaw damages.MUD at a
e M 1r1oat n eM eCWMSter's Mfr s a f Sec >Ia)of wo Dovw Oeugrse WWI woos ft own aCU)n Or upon 0 10 MQYaat Of en 819W
Con A orarllCppt earwaeta a rf10 of sOCfOr w Der taco Mwasentsm of wo Dewvns f of Labor worad a cam b M
ton An«�FW 5wjrw 1)fx b M awaron0 MUD conwff�s wrwVtaf L floor any many ay"*On OCCOUN a wok pertorwaa by SW
by n fyUD Ora t arts olxsac to?a CPR cart?g. any MW FOWN
fwl No mart a tl+rg fxntaa Shsp a wbcorwa�to art pers0r r Mm corwaaer or weronasaor unow any sus+conwaa a
wpow aw awwe M a Gores wits"conwav b'f vrare tx Secson 3w d cw ww wrest car swM ohms cwrwe"Or any owlw FeOeraity-USMW gor.
Oro%-Vcon Act or 29 M S.1200)Or b 90 awarow MUD COMO= was WOlaa fo M COnwacf Wont MoufS alto SWIy StsMWO AC%wrMM
perrp0/r n 04L*progr& s WjMu8 M W 2a CFM Part 2a. a held by 90 awra pf1fl+e Cwrwaelor SUCH alma W fray OS dGWM od 10
(�The Donasy tw mw q Wfae SoMnarfg b WoSCrdWd n SUM US to nocnMry W W11Wy any MDW%n of such contractor w succonwom
,mmat Coen.16 U=181•Aeod onloy US tarfrfer co".SGCNW tot unpafa wages and 6OW400"MMgaa M 01`011000 n wa cause set
10.Too li.US.C"'FeoMW"0600V Acmnawaeon wanas=cns:Oro. torwt in subparagraph M Of car Dwsgraoft
ws n pan-Whoa rw.b SUM Puna 0l . Odurrtvrq rn Ivry w"SUM (a)&ACWWOM Ttte a"Sc or or ft"onvoew tram risen in any
am of WA:h AOmrnswown. . . MAMM 000rg or pubasnes any fiarmaml WOCOMSM SUM flauss gat W-M in tuboaraWW(1)wrougn(a)of car
K" ra acme w in WOOL . . shalt be W"not Ron MIN W=w ousgrapr and am a aatrae focurrq ww wbcattracun w naude w+ne
vnaor./�_not RWW flan Iwo yeas,or NM- asufaae n my b+rer tMr WbafrwBCfa.TIM tsrtfes COnwaClbr glMtt ae
11.CarflOiamO.Mteedovii.or TealtmWWI by Effew rMa.NO MW or raapon0tba for Cwrpkwta by shy wbCOnwWW r love►sw SuDWrtwac-
rervmc w wean 118 waga.asuwy.or orw labor wr"P a pvvwmm Of wr wM we aauess so torwt in subowsg wo(1)ew04h M)of va
S c4r=aC1 an appicsba ow be o6ouargec or in any oast threw pwagrapft
t�00 89ar01at by wa Conwacw w avy&AMW waoror DW.Mm surd+ G Waalwt and Sob"
'Ong" r1p Otto any Com mewd er Ongtntaeo a eausso w tic nafaMd (1)No Wbwa or wMCpWW OW to raOU Id 1D work n auffoundap
Y V -emq or has S , q or a aoout 10 wAWy in any proaaefA or anew wors+rq CMIM"wheel NO W%Wdrry.hLZWSDM or 0a+gw-
aw or rwa0nq W car WOW fvrO M appwAvw unow car Calwaa 10 ous b hM hsafw+8010 ON"as OWWMW a0 UnW Cono"Mon owl am
�k9 MI hMW SWWW s WOM04aM0 DY eM 500 M V d tabor b f"UWW&
I Gnaw Was Morns and 9a"StarAwes ACL Aa used in car OMm• M The Cwrat:w w"Voetpfy we W ggtrme"S Wkno by wM
rDR car Onta'labon",aka'macrsta"nauee gannwar MW sea aafy at Labor p mama Tor 29'88 192'6 pomtwy Dan 1=19)am
Was, fairs„DOt11py mlwy rtaslA n fntposfaon d aaneeaM Ourg++srf b N Gen-
e?Owrbmra rap+ew.enr.No ewrwaclw or adjoconwseler eerinswAn9 waet work plan aria SM ff SONSWOa Act Rlrbrc Law$'4A.to Sift UL .
arty Dart of car corrwa t work wncn nay reowe or mare w+e eetory- p)The Comww shalt n loft we o
.rtl of Marom Or medlencs VW legume r p oRM arty SUM wow w tu0bMlwaC so w1sl wet+prvrMtona
.snarls in" on -=& n carte:+rw w VW•wllpwysd en cafe+Walt TM CAM WW ww toad sum awon wM resoaa o"WAMMMMef a
wort fin eac as of wgr+f haws in any calvio r fry or in 02C8sa M ferry go Socrwlary of MOUrsrng and Uragn DsUatOPRWM or eM Sscrwfary of Lat1r
n in anon wonnoesa unOU Suer abwer Or mrenwne Cos- shsa O SM s a moons of arforotrq suet►prvrafalL
Title 29—Labor
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
PART S.-LABOR STANDARDS PROVI-
SIONS APPLICABLE TO CONTRACTS
COVERING FEDERALLY FINANCED
AND ASSISTED CONSTRUCTION
PART 3
CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING
OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY
LOANS OR GRANTS FROM THE UNITED STATES
SECTION :
3 . 1 Purpose and scope .
3 . 2 Definitions .
3 . 3 Weekly statement with respect to payment of wages .
3 .4 Submission of weekly statements and the preservation and
inspection of weekly payroll records .
3 .5 Payroll deductions permissible without application toor
approval of the Secretary of Labor .
3 . 6 Payroll deductions permissible with the approval of the
Secretary of Labor .
3 .7 Applications for the approval of the Secretary of Labor.
3 . 8 Action by the Secretary of Labor upon applications .
3 .9 Prohibited payroi , deductions .
3 . 10 Methods of payment of wages .
3 . 11 Regulations part of contract.
3. 1 Purpose and Scope
This part prescribes "anti-kickback" regulations under
Section 2 of the Act of June 13 , 1934 , as amended (40 U.S .C.
276c ) , popularly known as the Copeland Act. This part applies
to any contract which -is subject to Federal wage standards and
which is for the construction, prosecution , completion . or
repair of public buildings , public works or buildings or works
financed in whole or in part by loans or grants from the United
States . The part is intended to aid in the enforcement of the
minimum wage provisions of the David-Bacon Act and the various
statutes dealing with Federally-assisted construction that
contain similar minimum wage provisions , including those
provisions which are not subject to Reorganization Plan No . 14
(e .g . , the College Housing Act of 1950. the Federal Water
Pollution Control Act, and the Housing Act of 1959) , and in the
enforcement of the overtime provisions of the Contract Work
Hours Standards Act whenever they are applicable to
construction work . The part details the obligation of
contractors and subcontractors relative to the weekly
submission of statements regarding the wages paid on work
covered thereby ; sets forth the circumstances and procedures
governing the making of payroll deductions from the wages of
those employed on such work ; and delineates the methods of
payment permissible on such work.
3 .2 Definitions
As used in the regulations in this part :
(a ) The terms " building" or "work" generally include
construction activity as distinguished from manufacturing ,
f ur-
Wishing of materials , or servicing and maintenance work . The
terms include , without limitation , buildings , structures , and
all types . such as bridges , dams , plants ,
improvements of
highways , parkways . streets . subways . tunnels , sewers , mains ,
powerlines , pumping stations . railways , airports , terminals ,
wharves , ways , lighthouses , buoys , jetties .
docks , piers , and canals ; dredging , shoring ,
breakwaters , levees ,
scaffolding , drilling , blasting , excavating , clearing , and
landscaping . Unless conducted in connection with and at the
site of such a building or work as is described in the
foregoing sentence , the manufacture or furnishing of materials ,
articles . supplies , or equipment (whether or not a Federal or
State agency acquires title to
course ofttheamanufactureeor
supplies , or equipment during the
furnishing or owns the materials from which they are manu-
factured or furnished ) is not a building " or "work" within the
meaning of the regulations
(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 limitation. altering , remodeling , painting and
decorating , the transporting of materials and supplies to or
from the building or work by the employees of the construction
contractor or construction subcontractor , and the manufacturing
or furnishing of materials , articles , 3 upplies , or equipment on
the site of the building or work , by persons employed &-t -the
site by the contractor or subcontractor .
( c ) The terms "public building" or "public work"
include building or work for whose construction , prosecution ,
completion . or repair , as defined. above. a Federal agency is a
contracting party , regardless of whether title thereof is in a
Federal agency .
(d ) The term "building or work financed in whole or in
part by loans or grants from 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 The loans or grants by a
which the Federal a.si stars term
granted includes s build-
ing ing or work 40 the
form of loan guarantees or insurance .
( e ) Every person paid by a contractor or subr
in any manner for his labor in the construction , pros ecuti on
completion , or repair of a public building or public work or
building or work financed in whole or in part by loans or
grants from the U"ofean States
contractualerelationship alleged� to
"wages" , regardless Y
exist between him and the real employer .
(f ) The term " any affiliated person" includes a
Child , parent , or other close relative of the
spouse , chi
contractor l subcontractor ; a partner or officer of the
contractor or subcontractor ; a corporation closely connected
with the contractoror oroagent of suchacorporatbondiary , or
otherwise , and an officer
( g ) The term "Federal agency" means the United States ,
the District of Columbia . and all executive departments ,
independent establishments . administrative agencies , and
instrumentalities of the united States and of the District of
Columbia , including corporations . all or substantially all of
the stock of which is beneficially owned by the United States ,
by the District of Columbia , or any of the foregoing depart-
ments , establishments , agencies . and instrumentalities .
3 .3 Weekly Statement with respect to payment of wages .
. (a ) As used in this section , the term "employee" shall
not apply to persons in classifications higher than that of
laborer or mechanic and those who are the immediate supervisors
of such employees . _
(b ) ( 1 ) Each contractor or subcontractor en.gaged iD . 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 5. during the preceding weekly payroll period.
(2 ) Each "Statement of Compliance" shall 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 following:
( i ) That the payroll period contains the
information required to be maintained under 5.5 (a) (3) ( i ) of
this Chapter , 29 CFR Part 5 and that such information is
correct and complete ;
That each laborer or mechaanic ( includint
each helper , apprentice and trainee ) employed weekly wages
during the payroll peri, Y
od has been paid the full
irectly n r and that
earned , without rebate , either d erdirectlyorindirectly from
no deductions have been made
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
he classification
euivalents for te e kterminat1onincorporatedaintoethe
fled in the applicable wage
contract.
(3) The wilful falsification
oorasubcontractorvtoccivil
fi cati ons may subject the contractor
or criminal prosecution underU � d Section 100lC de .Title 18 and
Section 231 of Title 31 of
( c) The requirements of this section shall not apply to
any contract of 52 ,000 or less .
(d) Upon a written finding by the head of a Federal
agency . the Secretary of Labor may provide reasonable limita-
tions , variations , tolerances , and exemptions from the re4uire-
ments of this section subject C o F .R. �a�� 4 ,s 1964 ,t as
Secretary of Labor may specify .
amended at 86 F .R.10180 , July 17 , 19683
3 .4 Submission of weekly statements ds the preservation and
inspection -of weekly payroll
3 shall be
delivered by the contras -
(a) Each weekly statement rnubcontractor �dwithin seven days
after the regular payment date of the payroll ,at the
representative of a Federal or State agency
site of the building or work, oat if
he there
to of the representative
ding or
of a Federal or State agency
work ,• the statement shall be sailed Federalh or State agency con-
contractor, within such ti
tracting for or financing the building or work . After such
examination and check ke as pt may avai 1 bl ee� orchshal l statement,De
thereof , shall be transmitted
D
together with a report of 1 violation,tin e aUn°fed n� States
applicable procedures prescribed D
Department of Labor.
(b) Each contractor of siod°ofrthree years fromedatehOf
weekly payroll records for a per
completion of the contract. The payroll records shall set out
accurately and completely the name and address of each laborer
and mechanic , his correct classification . rate of pay , daily
and weekly number of hours worked . deductions made , and actual
wages paid . Such payroll records shall be made available at
all times for inspection by the contracting officer or his
authorized representative , and by authorized representatives of
the Department
3 . 5 Payrovl Do f uthe o5ecretarys o�fb Laborthout Application to or
Appro a 1
(a) Any deduction local compliance 1 aw such as Federal
requirements of Federal .
or State withholding income taxes and Federal social security
taxes .
(b ) Any deduction of sums previously paid to the
employee as a bona fide pre-payment of wages when such prepay-
ment is made without discount or interest. A "bona fide pre-
payment of wages" is considered to have been made only when
cash or its equivalent has been advanced to the person employed
in such manner as to give him complete freedom of disposition
of the advanced funds .
( c) Any deduction of amounts required by court
process to be paid to another , unless . the deduction is in fav-
or of the contractor , subcontractor . or any affiliated person ,
or when collusion or collaboration exists.
( d) Any deduction constituting a contribution on
behalf of the person employed to funds established by the
employer or representatives of employees , or both , for the
purpose of providing either from principal or income , or both ,
medical or hospital care. pensions or annuities on retirement. -
death benefits , compensation for injuries , illness , accidents ,
sickness ; or disability , or for insurance to provide any of the
foregoing , or unemployment benefits , vacation pay , savings
their
accounts , similar
dependents:for Provi Provided, however, employees ,That the
their
following standards are met:
(1 ) The deduction is not otherwise prohibited by
law;
(2 ) It is either: (1) voluntary consented to
by the employee in writing and in advance of the period in
which the work is to be done and such consent is not a
condition either for the obtaining of or for the continuation
of employment. or ( ii ) provided for in a bona fide collective
bargaining agreement between the contractor or subcontractor and
representatives of its employees ;
o profit or other benefit is otherwise
n
( 3 ) the contractor or
directly o lr indirectly * by the form of
obtained , affiliated person in
subcontractor or any
commission , dividend , or otherwise ; and
ns shall serve the convenience
( 4 ) the deductio
and interest of the employee .
of
(e ) And deduction contriantlingondsarwhenthe
voluntarily
United States Defense Stamps
authorized by
the employee .
(f ) Any deduction requested by the employee to enable
in ons
purchase
him to repay loans to ° to
accordance withe
i n Federal credit
organized and operated
credit union statutes .
deduction voluntarily authorized by the
( g ) Any contributions
to governmental or
employee for the making of co
quasi-governmental agencies , such as the American Red Cross .
deduction voluntarily authorized - by the
(h) Any
employee for the making of contributions to Community Chests ,
United Givers Funds , and similar charitable organizations .
( i ) Any deduction to pay regular union initiation
fees and membership dues . not including fines or special
Provided . however , that a collective bargaining
assessments :
agreement between the contract rovides for subcontractor
deductions
representatives of its employees p law. -
and the deductions are not otherwise prohibited by
t more than for the 'reasonable
( j) Any deduction no e
cost" of board . lodging , of other facilities meeting
requirements of section 3(m) of thefFair i Labor l Standards Such Of
1938, as amended. and Part 531 0
deduction is made the additional
be kept, records required under
516 .2.5 (a ) of this title shall
(k) And deduction for the employee as his own propertyt Of
by the e for
nominal value purchased
his personal protection his and work .
hard hats, if such safety
safety glasses , safety gloves ,
is not required by law to be furnished by the employer . , if such .Act r
Labor deduction is not violative of the is which then deduction is
prohibited by other law, if the c ost
the
based does not exceed the actual acluderanyederect
equipment is purchased from him nd does not in
or indirect monetary return to the employer where the equipment
is purchased from a third person , and if the deduction is
either ( 1 ) voluntarily consented to by the employee in writing
and in advance of the period ondi to onheither efor work
the sobtai nei ngoof
and such consent is not a c rovided for in a bona
employment or its continuance 'eement2between the contractor or
fide collective bargaining 9
subcontractor and representatives ti ass as eat l oye s R . 9770 , May
[29 F . R . 97 , Jan .
28 , 1971]
3 . 6 Payroll Deduction Permissible with the Approval of the
Secretary of Labor
Any contractor or subcontractor may apply to the
Secretary of Labor for PThel Secretary m ay agrantdpermission
permitted under 3 . 5 .
whenever he finds that:
(a) The contractor , subcontractor , or any affiliated
Person does not make a profit or benefit directly or indirectly
from the deduction either in the form of a commission .
dividend . or otherwise ;
(b) The The deduction is not otherwise prohibited by
law:
( c ) The deduction is either ( 1) voluntarily consented
to by the employee in writing and in advance of the period in
which the work is to be done and such consent s its
condition either for the obtaining of employment or
continuance, or ( 2 ) provided
then contractors or subcontractor_
bargaining agreement between
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 fements prescribeduinithe
under 3.6 shall comply with the requir
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 or
contracts under which the wfor deductionsn on allb current performedand
Permission will be give
future contracts of the applicant for a period of 1 year. A re-
of permission to make such payroll deduct whichllmakes
newal application
upon the submission of an app date of the
granted final application , recites the
reference to the original royal of such deductions , states
Secretary of Labor ' s app is continued compliance with the
affirmatively that there and specifies any
ro ds10in of to the payroll
standards set forth in the p
conditions which have change
deductions -
( c ) The application shall standards setaffirmatively i n that
there is compliance with the s
s °f 3 . 6 . The affirmation i n shall such bcompliance .i ed by a
provision the facts � nd� ca 9
full statement of
application shall include a description of
( d) The the purpose to be served thereby , and
the proposed deduction .
the classes of laborers or mechanics from whose wages the
proposed deduction would be made .
(e) The application shall state the name and business
an third person to whom any funds obtained from the
of Y to be transmitted and the affiliation
proposed deductions Y ewith the applicant. _ .
of such person , lications
3 .6 Action by the Secretary of Labor Upon APP not the
The Secretary of Labor
shall der rofr3.6 ; and
requested deduction is permissible u provisions
shall notify the applicant in writing of his decision.
3 , g Prohibited Payroll Deductions this part and
Deductions not elsewhere provided for -by _
ound to be permissibl-e under 3.6 are prohibited.
which are not f
3 . 10 Methods of Payment of Wages
The payment of wages shall be by cash , negotiable
Of cOm-
instruments payable on demand, fe the nunderrthis part
pensa-ti on for which deductions a permissible
No other methods of payment shall be recognized on work subject
to the Copeland Act.
3 . 11 Regulations Part of Contract
All contracts made with res0 f c anyo public obui 1 di ngoor•
prosecution , completion . or repair
ublic work or building or work financeS ho n part
States covered by the
lexpressly ited
loans or grants from the Un
regulations ati ons i n this part shall such o ,hei regulations Contra
i n othl s
g with such o
subcontractor to CoipaDle . In this regard, see 5 .5(a) of this
part as may be app
subtitle .
PART 5 TO
LABOR STANDARDS
OVERIN6 FEDERALLY FINANCED APPLICABLE
CONTRACTS C ASSISTED
CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS
APPLICABLE TO WORK OHOURS C AND SAFETY STANDARDS EC CT 0
THE CONTRACT
Subpart A - Davis-Bacon and Related Acts Provisions and
Procedures
SECTION :
5 . 1 Purpose and scope
5 .2 Definitions
5 .3 [Reserved]
5 .4 [Reserved]
5 .5 Contract provisions and related matters
5 .6 Enforcement
5 .7 Reports to the Secretary of Labor
5 ,8 Liquidated damages under the Contract Mork Hours and
Safety Standards
5 .9 Suspension of funds
5 . 10 Restitution . criminal action
5 . 11 Disputes concerning payment of wages
5 . 12 Debarment proceedings
5 . 13 Rulings and interpretations
5 . 14 Variations , tolerances , and exemptions from Parts 1 and
3 of this subtitle and this part
5 . 15 _ Limitations , variations , tolerances . and exemptions
under the Contract Work Hours and-Safety Standards Act
5 . 16 Training plans approved or recognized by the Department
of Labor prior to August 20,- 1975.
5 , 17 Withdrawal of approval of a training program
Subpart B - Interpretation of the Fringe Benefits Provisions
of the Davis-Bacon Act
SECTION:
5 ,20 Scope and significance of this subpart
5 .21 [Reserved]
5 ,22 Effect of the Davis-Bacon fringe benefits provisions
5 .23 The statutory provisions
5 .24 The basic hourly rate of pay
5 .25 Rate of contribution or cost for fringe benefits
5 ,26 . . . contribution irrevocably made . . . to a trustee or
to a third person" .
5 ,27 " . . . fund , plan , or program" .
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
( a ) The 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
ment
Act in order to coordinate the a administration
eachr of the follow l ow�ngeacts
of the labor standards provisions
by the Federal agencies responsible for their administration
and of such additional statutes dditionalroduties and time
f
upon the Secretary of Labor
responsi-
bilities similar to those
conferred 1950 •the Secretary of Labor
under Reorganization Plan
1 . The Davis-Bacon Act [Section 1-1 , 46. Stat.
1949 , as amended ; Pub . L . 74-403 , 40 U .S. C . 276a-276a-73 .
2. Copeland Act [40 U :S.C. 276c] .
3 . The Contract Work Hours and Safety
Standards Act [40 U .S. C . 327-3323 .
4 . National Housing Act [Section 212 added to
c . 847 . 48 Stat. 1246 , by Section 14 , 53 Stat. 807 ; 12 U.S.C.
1715c and repeatedly amended] .
S. H Act not 1959 t add501 labor(college housing)
[amended by Housing provisions .ens , 73 -
sing
Stat. 681 ; 12 U .S . C. 1749a(f)3 .
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(c ) (3 ) 3 . 0
7 , Commercial Fisheries Stat. Research
199ar16 U .SaC�
Development Act of 196 [Section
779e(b ) 3 .
8. Library Services - and Construction Act
[Section 7 (a ) , 78 Stat. 13 ; 20 U .S.C. 355c(a) (4) , as amended] .
9 . mational Technical
126 i 20 UI S Ci t684(b) (5)3 . Deaf
Act [Section 5 (b) (5) , 79 S tat
10. National Foundation on the Arts and
Humanities Act of 1965 ESection 5 (k) , 79 Stat. 846 as amended;
20 U .S .C . 954(J) 3 .
11 . Elementary and Secondary -Education Act of
1965 as amended by Elementary and Secondary and other Education
Amendments of 1969 [ Section s e 169 ,d P and renumbered
title IV , Section 401 ( a ) ( 1 0 ) . 84 Stat
Section 433 , by Pub . L . 92-318 ; title III Section 301 ( x ) ( 1 ) , 86
Stat. 326 ; 20 U . S . C . 1232 ( b ) 3 . Under the amendment coverage is
extended to all programs administered by the Commissioner of
Education .
12 . The Federal -Aid Highway Acts [ 12 Stat. 895 .
as amended by 82 Stat . 821 ; 23 U . S . C . 113 , as amended by the
Surface Transportation Assistance Act of 1982 . Pub . L . 97-424] .
i' end} 7n 88 Self-Determination Det2205 ;�a25 oU .S . Cnd 450e�cation
.:
:.ssis:.ance Act .Sec . ► cn ,
_4 : :ciar, ,ea; tn Care Improvement Act [Section
^, • � . � . � . i633 ►b ) ] .
60 - 14 I ,Y
Act cr ' 973 ASecz ion,
67 584 , Y •. . 77O �o ) ( cI _ •
40 .00
a s= vc �wtl' - and
`'y�_tee.: �enusberea sectici.. 7uc cy
of X57- -�_-= ' �� L;r:, . i Si:� . 5..� ,-
55 S:�t - . -'% :. • •.. - �.:;, t: sa Lect� cn 6u4 , 68 Stat. :54;, ,
2S L •i • V • r O" ,•I • \5 r
As*s i s .arse
� s:a 1 � A:: ..i
572 Lcac -_ EI ;= 1 , o.. S _a . _2
• 6, =2de-a' Eater ?ol" .:t:or. Cc-.rc' A_t
- - - - - E6 Stat. 694 ; -4 3 li .�.C. x„72: •
o� S�c.::r 2 ,
ezar:rs �;.rs: r.y
'name :are Act Of i5 4
S s :zendec; 35 - .S.C. SC35laiio) � •
iecrSLnization Act iSec:.: cr,
726 as amenaea; 39 U .S .L.
2: . Vi#itars Center Facilities Act Co'
1966 :sec. 110 , 52 Stat. 45; 40 U.S.... 8Cbi.
22 . Appal rc-4 an Rey i on t 1 Devel opment Act of
1965 Esec . 4G2 . 79 Stat. 21 ; 40 U .S.C. App. 452;: .
23 • Healtn Services Research , zeal t"
Statistics , and ?'edi cal Libraries Act of 1974 :sec . :G7 , see
sec. 308 (h ) ( 2 ) thereof . 88 Stat. 370 as amended by 90 Stat-
378 ; 42 U .S .C. 242m(h) (2)3 •
24 . Hospital Survey and 'Construction Act. as
amended by the Hospital 8 Stat.M453Ca42FU �S1Cti291 Amendments cT
1964 [sec . 605 (a ) (S ) ,
25 . Health Professions . Educational Assistance
Act [sec . 303 ( b ) , 90 2�t8at42225 ; 42293a ( c ) ( 79]a ( g ) ( 1 ) ( C ) ; also
sec . 308x , 90 Stat . ,
26 , Nurse Training Act of 1964 [ sec .
941 (a ) ( 1 ) ( C ) , 89 Stat . 384 ; 42 U . S . C . 296a ( b ) ( 5 ) 3 .
Z7 . Heart Disease , Cancer , and Stroke
Amendments of 1965 [ sec . 904 , as added by sec . 2 , 79 Stat . 928 ;
42 U .S .C . 299d (b ) (4 ) ] •
28 , Safe Drinking Water Act [ sec . 2 ( a ) see sec .
1450e thereof , 88 Stat. 1691 ; 42 U .S . C . 300j-g ( e ) ] .
29 , National Health Planning and Resources Act
[sec . 4 , see sec . 1604 (b ) ( 1 ) ( II ) , Be Stat. 2261 , 42 U .S.C .
300o-3(b ) ( 1 ) (H) 3 -
30. U . S . Housing Act of 1937 , as amended and
recodified [Be Stat. 667 ; 42 U .S .C . 1437j] .
31 . Demonstration Cities and Metropolitan
Development Act of 1984, Esecs . 123U .SOC3 � 1715cta
1259 , 1270 , 1277 , 12 42
U .S.C. 1437j3 .
32. Slum clearance program: Housing Act of 1949
[sec. 109 , 63 $tat. 419 , as amended; 42 U.S.C. 14593 .
33. Farm housing : Housing Act of 1964 [adds
sec . 516( f) to Housing Act of 1949 by sec. 503 , 78 Stat. 797 ;
42 U . S .C. 1486 (f) 3 .
34 . Housing Act of -1961 [sec . 707 , added by
sec . 907 , 79 Stat. 496 , as amended; 42 U .S.C. 1500c-33 .
35. Defense Housing and Community Facilities
and Services Act of 1951 [sec. 310. 65 Stat. 307 ; 42 U.S .C.
15921.] .
36 . Special Health Review Sharing Act of 1975
[sec. 303 . see sec. 222(a) (5) thereof . 89 Stat. 324; 42 U.S.C.
2689j (a ) (5 )3 .
37 . Economic Opportunity Act of 1964 [sec. 607 . •
78 Stat. 532 ; 42 U.S .C. 29473 .
38. Headstart. Economic Opportunity , and
Community Partnership Act of 1974 [sec. 11 , see sec. 811
thereof , Be Stat. 2327 ; 42 U .S.C. 2992a] .
n 39 . Housi ng
and Urban Development Act of 1965
s amended ; 42 U . S . C . 31073 •
[sec . 707 . 79 Stat . 492 as 40 . Older Americans Act of 1965 [ sec . 502 . Pub .
� . 89-739 as
amended by sec . 501 , Put) . L . 93-29 : 87 Stat . 50 ;
42 U .S .C . 304la (a ) (4 ) 3 •
41 .
public i c Works and Economic 42 U . Sv S . C . 3222] Act
of 1965 [sec . 712 ; 79 Stat . 5
42 , Juvenile Delinquency Prevention Act [sec .
1 , 86 Stat. 536 ; 42 U . S . C . 38843 .
43 . New Communities Act of 1968 [sec . 410 , 62
Stat. 516 ; 42 U .S . C . 3909] •
44 . urban Growth and New
a2 U .S .C . 4 Development
Act of 1970 [sec . 727 ( f ) . 84 Stat.
45 . Domestic Volunteer Service . Act of 1973
[sec . 406 , 87 Stat . 410 ; 42 U .S .C . 50463 •
46 . Housing and Community Development U .S.C.A t of
1974 [secs . 110 802(g ) , 88 Stat.649 . 724 ; 4
laa0 ( g ) ] •
47 , Developmentally Disabled Assistance .SaLd
Bill of Rights Act sec. 111 . .8989St Stat. 491; 42 U .S.C.
6042 (4) ; title I .
6063 (b ) (19 ) ] • Act
46. National Energy Conservation Policy _
[sec . 312 . 92 Stat. 3254 ; 42 U .S.G. 6371j3.
49 , Public Works Employment sect 2081990 Stat.
109 , 90 Stat. 6728]
tC1 42 U .S.G. 6708 . also
loos ; 42 u
50. Energy Conservation and Production Act
[sec; 451 (h) , 90 Stat. 1168; 42 U.S.C. 6881(h)3 .
51 . Solid Waste Disposal Act [sec. 2 . 90 Stat.
2823; 42 U .S .C . 69793 .
52 . Rail Passenger Service Act of 1970 [sec .
405d . 84 Stat.- 1337 ; 45 U .S.C . 565(d)3 •
53 . Urban Mass Transportation Act 715;1964U[sec-
10, 78 Stat. 307 ; renumbered sec. 13 by 8
1605] .
54 . Highway Speed Ground Transportation
Study
[sec . 6 (b) . 79 Stat. 893 ; 49 U .S .C. 163 b
55 . Airport and Airway Development Act of 1970
[sec , 22 (b ) , 84 Stat . 231 ; 49 U . S . C . 1722 ( b ) 3 .
56 . Federal Civil Defense Act of 1950 150
U . S .C . App . 2281i3 .
57 . National Capital Transportation Act of 1965
[sec . 3 (b ) ( 4 ) , 79 Stat . 644 ; 40 U . S . C . 682 ( b ) ( 4 ) . NOTE :
repealed December 9 .196c,t ofdcolum standards incorporated in
sec . 1-1431 of the
58 , Model Secondary School for the Deaf Act
[sec . 4 , 80 Stat. 1027 . Pub . L . 89-694 , but not in the United
States Code3 .
59 . Delaware River Basin Compact [sec . 15 . 1 , 75
Stat. 714 , Pub . L . 87-3283 ( considered a statute for purposes
of the plan but not in the United States Code ) .
60 . Energy Security Act [sec. 175 ( c) . Pub . L.
96-294 , 94 Stat. ' 611 ; 42 U . S. G . 8701 note3 .
(b) Part 1 of this subtitle contains the Department' s
procedural rules governing requests for wage determinations and
the issuance and use of such wage determinations under the
Davis-Bacon Act and its related statutes as listed in that
part.
5.2 Definitions of
(a ) The term r 'Secretary" includes
Employment eStanda Standards ,labor, the Deputy -and
their authorized representatives .
(b) The term 'Administrator" means the Administrator
of the Wage S
Division, Employment authorized Standards
Administratio U . . Department of Labor , repre-
sentative .
(c) The term "Federal agency" means the agency or
instrumentality of the United States which enters into the
contract or provides assistance through loan, grant.loan
guarantee or insurance . or otherwise , to the project subject to
a statute listed in 5 .1 .
(d) The term "Agency Head" means the principal
official of c act h in the behalf of includes duly
authorized t
(e) The term "Contracting Officer" means the
individual , a duly appointed successor , or authorized
representative who is designated and authorized to enter into
contracts on behalf of the Federal agency .
( f ) The term " labor standards " as used in this part
means the requirements of the Davis-Bacon Act , the
ng
Work Hours and Safety Standards
Copeland c ( oActr andn the sprevaaling
to safety and health ) ,
wage provisions of the other statutes listed in 5 . 1 , and the
regulations in Parts 1 and 3 of this subtitle and this
part .
( g) The term "United States or the District of
Columbia" means the UnitStates .
independenttcestablishments ,
and all executive
administrative agencies.' and
of Colsumbi ae.� �anc1 udi ngoco porati onstl
states and of the District ll of the stock of which is beneficially
all or substantially a
owned by the United States , by the foregoing departments ,
establishments , agencies . instrumentalities , and including non-
appropriated fund instrumentalities .
(h) The term "contract" means any prime contract
which is subject wholly or in part to the labor standards
provisions of any of the acts listed in 5 .1 and any subcontract .
of any tier thereunder , let under the prime contract. A State
or local Government is not regarded as a contractor under
statutes providing loans , grants . or other Federal assistance
in situations where construction is performed by its own
employees . . However , under statutes requiring payment of
prevailing wages to all laborers and mechanics employed on the
assisted project, such as sFederal aid must Housing
payAct theseg
and local recipients employees
according to Davis-Bacon labor standards _ -
( i ) The terms "building" -or "work" generally include
construction activity as distinguished from manufacturing ,
furnishing of materials . or servicing and maintenance work.
The terms include without limitation. buildings , structures .
and improvements of all types, such as bridges , dams , plants .
highways . parkways , streets, subways, tunnels . sewers , mains .
power' lines . pumping stations, heavy generators, railways. air-
ports , terminals , docks, piers . wharves , ways , lighthouses ,
buoys . dredging shoring ,
jetties , breakwaters , levees . canals . •
rehabilitation and reactivation of plants . scaffolding
drilling , blasting , excavating , clearing , and landscaping . e
or •
manufacture or furnishing of materials . articles , supplies
equipment (whether or not a Federal or State agency acquires
title to such materials , articles , supplies , or equipment
during the course of the manufacture or furnishing , or owns the
materials from which they are manufactured or furnished) is not
a "building" or "work" within the meaning of the regulations in
this part unless conducted in connection with and at the site
of such a building or work as is described in the foregoing
sentence , or Act under the United the States
construction Act of 1937 development of
the Housing Act o 1
the project.
M
" construction " prosecution ,
( j ) The terms -
" completion" , or " repair " mean all types of work done on a
particular building or work at the site thereof ( or , under the
United States Housing Act of 1937 and the Housing Act of 1949 ) ,Of th
all work done in the construc
limitation �ralterengAmeremodelinge
project, including without
ro riate ) on the site of the work of
installation (where aDD D painting and decorating , the
items fabricated off-site . D a
m a and supplies to or from the building
transporting of m
or work by the employees of the construction contractor or
construction subcontractor . and ides hor manufacturing
equi equipment on thefusi to i of
of materials , articles . supp
the building or work ( or , under 1949�niindtheaconstructionAor
AC
of 1937 and the
Housing persons employed by the
development of the
traro project ) , by
contractor or
term "public building" or "public work"
( k ) The prosecution . com-
includes building or work , the construction , p
pletion , or repair of whiCr 'wi e above .th funds of a Federal carried
agency to
directly by authority of o
serve the interest of the general public regardless of whether
title thereof is in a Federal agency .
(1 ) The term "site of the work" is defined as
follows :
( 1) The "site of the work" is. limited to the
for in
physical place or places where n �orkc on i t chase been completed
the contract will remain when
and . as discussed in paragraph 1 2the sectio
ore subconr
adjacent or nearby property used by
tractor in such construction which carr reasonably be said to be
included in the ositeu .
(2 ) Except as provided in paragraph ( 1 ) ()of
this section . fabrication plants , mobile factories ,
plants . borrow pits , job headquarters , tool yards , etc . , are
part of the " site of the to k•erformance ofe provided then contract tor
exclusively , or nearly so,
project, and are so locaitd would bexreason b1e to include
construction location that
them.
(3 ) Not included i n the "site of the w fabrica-
tion permanent home offices , branch plant establishments ,
plants , and tool yards of a contractor or subcontractor
whose locations and continuance in operation are determined
wholly without regard to a particular Federal or federally
assisted contract prtjoblheadquartersfatoolayardsD etc. .
batch plants , borrow pits ,
a commercial supplier or materialman which are established
of
of for the project before opening
by a supplier of materials the
and not on the project sit e'ntare re�iously uestabinished
bids P
site of the work" . Such terman
facilities are not a part of the " site of the work " , even where
he operations aecontracted exclus � ve-
t erations for a period °to the perf
ly , or nearly so ,
term " laborer" or "mechanic" includes at
(m) She
least those workers whose duties are manual or physical � n
nature (including those workers who use tools or who are
performing the work of a trade ) ,laborer" orsn"mechanic" oinc1udes
perf 9 the term
or managerial . helpers , and , in the case of contracts
apprentices , trainees , Standards Act,
subject to the Contract Work Hours and apply to workers whose
watchmen or guards . The term does not app Y
duties are primarily administrative , executive . or clerical ,
rather than manual . Persons employed in a bona fide execu-
tive , administrative . or professional
capacity as defined in laborers or
Part 341 of this title a Mhondevote more tthan e20 percent of
mechanics . Working foremen duties , and
their time during a workweek to ofc part 541,a are rlaDorers and
who do not meet the criteria
mechanics for the time so spent.
(n) The terms apprentice and trainee are defined as
follows :
(1) "Apprentice" means (i ) a person employed
and individually
registered in a bona fide apprenticeship pro-
gram registered with the U .S . Department of U bor , Employment
and
and gaining Administration, Bureau of Apprenticeship recognized by
Training , or i h ( ii )d foie person tiro shthe Agency irs 90 days of
the Bureau , the in such an
probationary employment as an apprentice registered in
apprenticeship program, who is not individually the Bureau of
the program. but who has been certified by A envy
Apprenticeship and Training lig State
probationary employment
(where appropriate ) to be eligible
as an- apprentice;
(2) "Trainee' means a person registered and
receiving on-the-job training in a construction occupation
under a program which has been approved in advance by the U .S.
Department of Labor , Empl o*men°n•the•jobs trai ni ng n progr ms and
meeting its standards fo
which has been so certified by that Administration.
(3) These provisions do not apply t0
"apprentices" and "trainees" employed on projects subject to 23
U . S . C . 113 who are enrolled in programs - which have been
certified by the Secretary of Transportation in accordance with
23 U .S . C . 113 ( c ) .
( o ) 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 mechanics
affected. The fringe benefits enumerated in the Davis-Bacon
Act include medical or hospital care. pensions on retirement or
death . compensation for injuries or illness resulting from
occupational activity . or insurance to provide any of the fore-
going ; unemployment benefits ; life insurance , disability
insurance , sickness insurance . or accident insurance; vacation
or holiday pay; defraying costs of apprenticeship or other
similar programs ; or other bona fide fringe benefits . Fringe'
benefits do not include benefits required by other Federal ,
State , or local law.
(q) The term 'wage determination" includes the _
original decision and any subsequent decisions modifying .
superseding , correcting, or otherwise changing the provisions
of the original decision. The application of the wage
determination shall be in accordance with the provisions of 1 .6
of this title.
5 .3 -• 5 .4 [Reserved3
5 . 5 Contract Provisions and Related Matters
( a ) The Agency head shall - cause or require the
contracting officer to insert in full in any contract in . excess •
of 52 ,000 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 from Federal funds or in accordance with
guarantees of a Federal agency or financed from funds obtained
by pledge of any contract of a Federal agency to make a loan .
grant or annual contribution nd( ewhech ~ ser different
subject loe meaning
the laDo
cpt
is expressly indicated ) .
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 Labor ) ;
( 1 ) Minimum wages . ( i ) All laborers and
mechanics employed or working upon
Acthe
ofsite
1937f or the
under the
under the United States Housing
Housing Act of 1949 in the construction or development of the
, will be paid unconditionally and not less often than
p roject) without subsequent deduction or rebate on any
once a week , and roll deductions as are permitted by
account [except such paY
regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR Part 3 ) 3 . the full amount of wages and bona fide
of
fringe benefits ( or cash not 1 essn thanhthose ) contained due at t
ontai nedt i ne the
payment computed at rates
ich is attached
wage determination of the Secret regardless hay contractual
hereto and made a part hereof
relationship which may be alleged to exist between the
contractor and such l a o ��sated fork bona �fide nfri nge1 benefits
or costs reasonably a p
of
under section 1 (b ) (2 ) of th e Davis-Bacon Act paid beto l fsuch
laborers or mechanics are considered wages
laborers or mechanics , subject to the provisions of paragraph
( a ) ( 1 ) ( i v ) of this s�
tin ;e thans a weekly period contributions(but not made or less
costs incurred for o
often then quarterly ) under plans . funds , or programs which
cover the particular weekly period, are deemed to e construct-
ively made or incurred during such weekly period .
laborers and mechanics shall be paid the &approximate wage rate _
and fringe benefits on the wage determination for the class-
ification of work actually performed. without regard to skill ,
except as provided in 5 • aclassification maymbehcompensatedrat
i ng work in more than o ne
rate specified for each classification for the time
the provided, that the employer' s payroll
actually worked therein:
records accurately set fort t e time spent in each classifica-
tion in which work is performed. The wage determination
( including any additional classification and wage rates
conformed under paragraph (a) ( 1 ) (ii ) of this section) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by
the contractor and its subcontractors here itecan site
he easily seen work "
in a prominent and access D
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
wage determination . The contracting officer shall approve an
addi ti onal c assi fi cati on wagete rate
a have been gnetbenefi is
therefor only when . the fol l owing
( 1 ) The work to be perform-
ed by
the classification requested is not performed by a
classification in the 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 reasonable
relationship to the wage rates contained in the wage determin-
ation .
( B ) If the contractor and the
laborers and mechanics to be employed in the classification ( if
known ) , or their representatives , and the contracting officer
agree on the classification and wage rate ( including r a report of
tu
designated for fringe benefits where app r op iate )
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 .C . 20210. The Administrator , or an authorized represent-
ative , 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 t e Office f a Management additional time is necessary .
under(Approved by y B
control number 1215-0140 . )
(C) In the event the contractor,
the laborers or mechanics to be employed in the classification
or their representatives . and the contracting officer do not
agree on the proposed classification and wage rate (including
the amount designated for fringe benefits , where appropriate) ,
the contracting officer shall refer the questions . including
the views of all interested parties and the recommendation of
the contracting officer . to the Administrator for
determination. The Administrator, or an authorized
representative , will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify
the contracting officer within the 30-day period that addition-
al time is necessary . (Approved by the .Office of Management and '
Budget under OMB control number 1215-0140. )
(D) The wage . rate (including
fringe benefits where appropriate). determined pursuant to sub-
paragraphs ( 1) (b) or (C) of this paragraph , shall be paid to
all workers performing work in the classification under this
contract from the first day on which work is performed in the
classification.
Whenever the Minimum
wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as
the contractor shall either pay the benefit as
an hourly rate , another bona fide
stated in the wage adetermination equivalentathereof .
fringe benefit o
( iv ) If the contractor does
not make payments to a trustee or other third person , the
contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasnably anticipated in
providing bona f i de fringe Den cfl tLabor a has founds pongrthe
provided , that the Secretary
writ a request
of the contractor , that the applicable
Secretary
standards of the Davis-3a cvtobset aside inea separate
of Labor may require the ontractor
account assets for the me thegoffi office obligations
management and plan
Budget
program. ( Approved by
under 0"19 Control number 1215-0140 . )
holding . The (write in name of Federal
(2 ) With
Agency or the loan or grant recipient) shall upon its own
action or upon written request wi withhold authorized
to representative
withheld
of the Department cs ►.a other Federal
from the contractor under thrimeon contractor . . or any other
contract with the same p
rederally-assisted contract held ebt the same prime contractor ,,
wage requirements , which is Y
so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics , including
apprentices . trainees , and helpers , employed by the contractor
or any subcontractor thf f failure of to spay any ilaborertor
contract. In the event
mechanic , including any apprentice, trainee , or helper ,
employed or working on the wthe Housing Act
States Housing Act of 1937 or under
1949 in the construction or development of the project) , all or
part of the wages required by the contract. the (Agency) may ,
after written notice to the contractor, sponsor, applicant, or
owner , take such action as may advance ,necessary r uarantee to the
suspension of any further pay
funds until such violations have ceased.
(3 ) Payrolls and basic records . (i ) Payrolls •
and basic records relating thereto shall be maintained by the
contractor during the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics
working at the site o* the
nder the Car
age Act of United 194 i nathe
Housing Act of 1931 , o
construction or development
, address , and socialtsecurity number of
name
shall contain the of
each such worker , his or her correct 'classification , hourly
rates of wages paid ( including rates of contributions or costs
anticipated for bona fide ci bed fringe i ne section on rl ( b )cash
( 2 ) ( B )equivalents
the
thereof of the types de
Davis-Bacon Act) , daily and weekly number of hours worked .
deductions made and actual
29 CFR the
of Labor has found
any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or
program described in section 1 ( b ) ( 2 ) ( B ) of the Davis-Brown Act ,
the contractor shale maintain records s enforceable , that the
commitment to proved
plan or program is financially responsible , and - that the plan
or
or .program has been communicated� d ecords w wh Bch ng tshowe lthe recosts
mechanics affected . rovidin
anticipated or the actual cost incurred or ptrainees under
benefits . Contractors employing apprentices
approved programs shall maintain written evidence of the
registration of apprenticeship programs and ce rtification of
e
trainee programs , the registration of the apprentices and in teh
trainees , and the ratios oved by he toffice f p of Ma agement and
applicable programs . P
Budget under OMB control numbers 1215-0140 and 1215-0017 . )
(ii ) (A) The contractor shall
submit weekly 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 the
contract, but if the agency is not such a party , the contractor
will submit the payrolls to the applicant, sponsor, or owner .
as the case may be . for transmission to the (write in name of
agency ) . The payrolls submitted shall set out accurately and
compl.etely all of the information _required to beThi maintained
under 5 .5 (a ) (3) ( i ) of Regulations , 29 CFR Part 5 .
tray be submitted in any form desired. Optional Form
WH-347 is available for this purpose and may be purchased from
the Superintendent of Ducuments (Federal Stock Number
029-005-00014-1 ) . U .S. Government Printing Office , Washington .
D.C . 20402 . The prime contractor is responsible for the
submission b of copies
Office of payrolls Man gementy and 1 Budget under subcontractors .
OMB
(Approved y
control number 1215-0149 . )
(B) Each payroll submit- •
ted shall be accompanied by a "Statement of Compliance" , 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 following:
( � ) That the pay-
roll for the payroll period contains the information required
to be maintained under 5 . 5 ( a3 ) ( i ) of Regulations ,to Part
5 and that such information is
( 2 ) That each
laborer or mechanic ( including each helper , apprentice , and
ed the contract during the payroll period has
trainee ) employed on
been apid 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 Regulations , 29 CFR
Part 3 ;
(3 ) That each
been laborer or mechanic has benef p d o s
ts or cash equivalents applicable
val ents for ache
wage rates and fringe
classification of work performed , as specified in the
applicable wage determination incorporated into the contract.
(C ) The weekly
submission of a properly executed certification set forth on the
the reverse side of Oponnaolf al
the "Statement of Compliance"
i
requirement for submiss
required by paragraph (a ) (3) ( ii ) (B ) of this section.
(D) The falsifica-
tion of any of the abo to civil certifications cri mi na1 subject the on
contractor or subcontractor
under Section 1001 of Title 18 and Section 231 of Title 31 of
the United States Code .
(iii) The contractor_ or sub-
contractor shall make the records _ required under paragraph
(a ) (3 ) ( i ) of this section available for inspection . • or
transcription by authorized Department of e (andtshall
name of the agency) or of Labor ,
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 available ,
the Federal agency way, after written notice to the contractor ,
sponsor . applicant, or owner ,use of such any action further as
payment.
necessary to cause the suspension
advance , or guarantee of funds .
Furthermore , failure to submit
the required records upon edebarment action such epursuant records r 29
available may be grounds for
CFR 5 . 12 .
( 4 )
Apprentices and Trainees ( i ) Apprentices .
Apprentices will be permitted tpoerformedtwhens they nare eemploy-
termined rate for the work they registered in a bona fide
ed pursuant to and indiviistere0 with the U . S . Department of
apprenticeship program reg Administration , Bureau of
Labor , Employment and Training Apprenticeship
and Training , or with a State PP
Apprenticeship the Bureau . or if a person is employed in
Agency recognized by probationary employment as an
his or her f i rsuch D adays p program . who is not
apprentice in but who has been
individually registered in the program,
the Bureau of Apprenticeship and Training or a
certified by Agency
( where appropriate ) to be eligible
p
State Apprenticeship g
for probationary employment as an app rentice . The allowable
ratio of apprentices to journfeaterothanethebratio craft
classification as t not be g
the contractor as to the entire work force
atnansapprenticetwage
program. Any worker listed
who is not registered or otherwisel
rate : employed ewage rate on
above , shall be paid not less than the app
the wage determination for the classification performing
. In addition . any apprentice oworkconathe
performed
job site in excess of the ratio thanrthetapplicablehwagegrateron
program shall be paid not less performed . Where
the wage determination for the cowork a construction pa project in a
a contractor is performing is registered,
locality other than that in which its program percentages of the
the ratios and wage rate)s specified(expressed n in te contractor ' s or
journeyman ' s hourly
s very
shall be 0
subcontractor ' s registered program less than the rate specified in
apprentice must be paid at rentice' s level of progress ,
the registered program for the app rate-
as as a percentage of the journeymen - hour
expressed applicable wage determination.
specified in the app
shall be paid fringe benefits in accordance with the r
of the apprenticeship program. If
does not specify fringe benefits , apprentices must be paid the
d the ful 1 amount of fringe benefits i fi tali on.on If then Administrator
tion for the applicable class ractice prevails for the
determines that a different p in
applicable aapprentice classification, f ingeventatheb9ureau of
accordance with that determination. Agency
Apprenticeship and Bu
reau , State
approvals of an apprentice-
recognized by the 9contr
ship program, the contractor lthe applicable be e predetermined
utilize apprentices at less
rate for the work performed until an acceptable program is
approved . (ii ) Trainees. Except as provided
at less
in 29 CFR 5 . 16 , trainees will not be wunless they
than the predetermined rate for the e p erformed registered in a
are employed pursuant to and individually reg �
royal , evidenced by formal
ram which has received prior app employment
grog the U . S . Department ' of Labor ,
certification by The ratio of trainees to journey-
and Training Administratio n . realer than permitted under
men on the job site Shthe not and Training Administra-
the plan approved by aid at not less than the rate
tion . Every trainee must be P
specified in the approved program for the trainee ' s level of
P percentage of the journeyman hourly
progress , expressed as aP wage determination . Trainees
rate specified in the applicable
shall be paid fringe benefits in accordance w' tro9 trampdoess� not
If the trainee p
of the trainee program.trainees shall be paid the full amount
mention fringe benefits .
fringe benefit s listed on ntdheHour wage determination
n determines ss the
of
the wage a
Administrator of ram associated with the corres-
there is an apprenticeship P ro g
ponding journeyman
wage rate on the wage determination which
provides for less than full ringatbantrainee ratepwhoniscnot
Any employee listed on the payroll in a training plan approved by the
registered and particiPatAdministration shall be paid not less
Employment and Training the
than the applicable wage rate l In rmed eLe In nadd iti on r any
classification of work actually perfo
trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less the
than the applicable wage rate on the wage determination o and
work actually performed . In the event the Employ
Training Administration withdraw ize
longer rbeapermitt permitted pro-
Administration
the contractor will applicable predetermined rate for the
trainees at less than the ntil roved.
work performed u an acceptable program is app
(iii ) Equal Employment Opportunity -
utilization o
The f apprentices , trainees and -journeymen under _men
this part shall be in conformity
opportunity requirements of E i vex Order e11246 equal asmamendedt
and 29 CFR Part 30 .
(5 ) Compliance With Copeland Act Requirements
The contractor shall comply with the requirements of 29 CFR
Part 3 , which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontract-
oin 29
r shall insert in any subcontracts such other clauses
CFR 5 .5(a ) ( 1 ) through ( 10) and appropriate instruct-
ions '
in the name of the Federal agency) may by app ro p
ions require . and also a clause r tier hsubcontractstorsT�e
include these clauses in any lower
prime contractor shall be responsible ubcontractor whthca111theccontract
subcontractor or lower tie
Clauses in 29 CFR 5 .5 .
( 7 ) Contract Termination :- Debarment - A breach of
the contract clause in 29 CFR 5 . 5 may be grounds for termina-
tion of the contract , and for debbarment as a contractor and a
subcontractor as provided in
( B ) Compliance with Davis-Bacon and Related Act
Requirements - All rulings and interpretations of the
Davis-Bacon and Related orated by referencenin9thrs coat act . 3 ,
and 5 are herein inc p
(g ) Disputes Concerning Labor Standards -
Disputes arising out of the labor standards provisions of this
contract shall not be subject est shall gbehereso disputes uinsaccordance
this contract. Such disputes
with the procedures of the Department of Labor set forth in 29
CFR Parts 5 , 6 , and 7 . Disputes within the meaning of this
clause include disputes between the contractor ( or atheofUits
subcontractors ) and the contracting agency .
Department of Labor , or the employees or their representatives .
( 10) Certification of Eligibility - ( i ) By enter-
ing into this contract the contractor certifies that neither it
in
( nor he or she ) nor any l person firm wo
or fhrmha nel � gi bl einterest
to De
the contractor s firm person
awarded Government contracts FR 5 .12 (a ) ( 1) .
irue of section 3(a ) of the
Davis-Bacon Act or 29
( ii ) No part of this contract shall be
subcontracted to any person bvirtue of nesectlon for othe
Government contract Y
Davis-Bacon Act or 29 CFR 5 . 12(a ) ( 1 ) .
( iii ) The
he UpSnaCrimi a1 Code , 8 Uf S1 Ce
statements is prescribed in
1001 .
(b ) Contract work Hours and Safety Standards Act -
The Agency Head shall cause or require the contracting officer
to insert the following clauses set forth in paragraphs (b) (1 ) .
(2) x • (3 ) . and (4) of this section in full in any contract
subject to the overtime provisions of the Contract Work Hours
and Safety Standards Act. These clauses shall be inserted in
addition to the clauses required by 5 .5(a) or 4 .6 of Part 4 of
this title . As used in this paragraph , the terms "laborers" and .
"mechanics" include
( 1 ) Overtime Requirements - No contractor or
subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic
in any workweek in which he or she is employed on such work to
work in excess of f receives hours
compensation oat was rate unless not 1 ess
laborer or mechanic for all hours
than one and one-half times the basic rate of pay
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 ubcontractor responsible therefor tshall tbe
contractor and any s
liable for the unpaid wages . In addition , such contractor and
subcontractor shall be tractefor the State
of sColumbia orsa
of work done under con
territory , to such District or to such territory ) , for
liquidated damages . Such liquidated damages shall be computed
with respect to each individual laborer or mechanic , including
watchmen and guards , employed in violation of the clause set
forth in paragraph (b ) ( 1 ) of this section , in the sum of $10
for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (b ) ( 1 ) of this section. .
(3 ) Withholding for Unpaid Wages and Liquidated
Damages - The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon
written request of an authorized representative of the
Department of Labor withhold or cause to be withheld , from any
moneys payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal
contract with the same prime contractor , or any other _
Federally- assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime
contractor , such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated athis paraagraph provided the clause
set forth in subparagraph (2) of
(4 ) Subcontracts — The contractor or subcontract-
or shall insert in any subcontracts the clauses set forth in
subparagraph ( 1 ) through (4 ) of this paragraph and also a
clause requiring the subcontractors to include these clauses in
any lower tier subcontracts . The prime contractor shall be
responsible compliance by
subcontractor subparagraphs (1)
through (4 ) of this paragraph .
(c ) addition h clauses contained in paragraph
(b ) , in any contract subject onl y to the Contract Work Hours
and Safety Standards Act andhead shall causeheort requiretuthe
cited in 5 . 1 , the Agency the
contracting officer to insert a clause rea rolls andt
maintain basic
contractor or Subcontractor s courseof the a work and shat l
payroll records during the
them for a period of three years from the completion
P reserve for all laborers and mechanics , including
of the contract working on the contract . Such records of each e
guards and watchmen .
shall contain the name and address hourly eof
social security number , correct classification ,
and weekly number of hours worked , deduct-
wages paid , daily aid . Further , the Agency in Head insert a
ions made , and actual wages p
shall cause or require the cont ai tingtha f i chef records to De
such contract a clause proving
maintained under this paragraph shall be made available by the
contractor or subcontractors resentatipves1of . theo(write the
transcription by authorized P
name of agency ) and the Department it such representatives htocinterview
or subcontractor will permit
on the job . (Approved by the
employees during working
Office of Management and Budget under OMB control numbers
1215-0140 and 1215-0017 . )
5 .6 Enforcement
(a) ( 1 ) I t shall be the r 1 ausesi brequ red by e5 Federal have
agency to ascertain whether the c
been inserted in the contracts sin j5 cl. t A9enci Agencies which adoanot
provisions of the Acts contained
directly enter into such CO to require theorec9pienttOf
necessary regulations or procedures he
the Federal assistance to insert in its
gri�L tr loan . for
provisions of 5 .5 . No payment. advance ,the Federal agency
guarantee of funds shall be approved by y
unless the agency insures that the clauses required by 5 .5 and
the appropriate wage determination of the Secretary of Labor
are contained in such
contracts.
tee of funds Furthermore ,
shall be approved
advance , grant, loan, or g
by the Federal agency after h agency an ng i fi cati onrbytthe
unless there is on file with a 9
contractor that the cost of SaSdor its unless cthere ci s ron fa le
complied with the provisions
with the agency a certification by toe thenrequiredtproviseons�s
a substantial dispute with respect
(2 ) Payrolls and Statements of Compliance
submitted pursuant to 5 .5 (a) (3) ( ii ) shall be preserved by the
Federal agency for a period of 3 years from the date of
completion of the contract and shall be produced a the request
of the Department of Labor at y time
period .
( 3 ) the Federal agency - shall cause such
to assure
investigations to
he labor made
standardsacla ses necessary
red by 5 . 5 and
compliance w
the applicable statutes listed in 5 . 1 . Investigations shat be essary
made of all contracts with5uchh investigatiaons be ashallneinclude
to assure compliance .
interviews with employees , which shall be taken in confidence ,
on
and examinations of pay ttoaapPrenteceship and training
and certification with respect l be
p ans . In making such ex rrect es ss Hof aclassifications hand to
taken to determine the co
determine whether there s cr di
pees treg is tared employment
i in yapproved
laborers and of apprentices
programs . Such investindtio11thereunderludComplaints of
fringe benefit plans a payments iven priority .
alleged violations shall be g
(4 ) In accordance with normal operating
contracting agency may be furnished various
procedures , the
erial from the investigation files of the
investigatory mat
Department of Labor . None of the material , other than compu-
tations of back wages and� liquidated osed n anyamannerdtohanyoneaother
back wages due , may be d
than Federal officials charged with
assistance to administering thethe
contractt
or program providing Federal
without requestng the permission and views of the Department of
Labor .
(5) It is the policy of the Department of Labor
to protect the identity of its confidential sources and to
prevent an unwarranted invasion of personal privacy .
Accordingly , the identity of an employee wto makes a -written ' or
oral statement as a complaint or in the course of an investiga-
tion , as well as portions of the statement which would meaner
the employee ' s identity , shall not be disclosed in any
to anyone other than Federal officials without the prior
consent of the employee. Disclosure of employee statements of
shall be governed by the 5
Information Act (5 U. 52visseesCFR Part 70) e and the
.
"Privacy Act of 1974' (5 U.S.C. 552a) .
(b) The Administrator shall cause to be made such
investigations as deemed necessary , in -order to obtain Oitabl e
ance with the labor standards provisions of the app 1
statutes listed in 5.1, or to affirm or reject the recommenda-
tions by the Agency Head with respect to labor standards
matters arising under the statutes listed in 5 . 1 • Federal
or
agencies . contractors , subcontractors , sponsors , applicants .
owners shall cooperate with any authorized representative 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 such an
altered or reduced ,wi thoutdthe
amounts found due , may not be
royal of the Department of Labor • Where the
ounderpaymnts
approval such an investigation tots where
disclosed by
there is reason to Delie asethof the DavistBaconaActag a
that the
or willful ( or , � n the c its obligations to employees and
contractor has disregarded
subcontractors ) , or WcrkeHou liquidated tande Safety Standards assessed
Standards Actthe
uder the Contract Federal
Department of Labor will fthelslabor the
st ndards violations
enforcement report detailing
disclosed by the investigation and any action taken by the
contractor to correct the Iniothervcircumstances ,including
the Federal
payment of back wages .
agency
will be furnished a letter of notification summarizing
the findings of the investigation .
5 . 7 Reports to the Secretary of Labor
(a ) Enforcement Reports . ( 1 ) Where underpayments by a
contractor or subcontractor total less than $1 ,000, and where
there is no reason to believe that the violations are
aggregated or willful ( or , i n the case of the Davis-Bacon Act
that the contractsandawhere restitutionthass to
employees and been
effected and future compliance assured , the Federal agency need
not submit its investigative findings and recommendations to
the Administrator , unless the investigation was made at the
request of the Department of Labor . In the. latter case ,
Federal agency shall submit a factual summary report detailing
any violations including any data on the amount of restitution
paid , the number assessed workers
under the resti
liquidated damages a and
Safety Standards Act, corrective _measures taken ( such as
" letters of notice` ) , and any information that may - be necessary
to review any recommendations for an appropriate adjustment in
liquidated damages under 5.8.
(Z ) Where underpayments by a contractor or
subcontractor total $1 ,000 or more, or where there is reason to
believe that the violations are aggravated or willful (or , in
the 'case of the Davis-Bacon Act, that the contractor has
disregarded its obligations to employees and subcontractors ) ,
the Federal agency shall furnish within 60 days after comple-
tion of its investigation. a detailed enforcement report to the
Administrator. •
(b) Semi-annual Enforcement Reports - To assist
the Secretary in fulfiling the responsibilities under
Reorganization Plan No. 14 of 1950. Federal agencies shall
furnish to the Administrator by April 30 and October 31 of each
calendar year semi-annual reports ar on compliance with and of the
enforcement of the labor stand provisions
Davis-Bacon Act and its related d April 1 covering
through Septembers 30f
October 1 through March 31, an
respectively . Such reports shall be prepared in the manner
prescribed in memoranda issued to Federal agencies by the
Administrator . This report has n been cleared
ccorance
FPMR 101-11 . 11 and assigned interagency report p
1482-DOL-SA .
( c ) Additional Information Administrator rsuchsti,nfore
mation available to the Agency
Agency Head shall transmit to with respect to contractors and
subcontractors , their .c contracts ,
may d nature of
necessary for contract
the
work as the Administrator
performance of his or ferred toe n this part .eat to the labor
ut
standards provisions re
(d) Contract Termination - Where a contract is
terminated by reason of violations of the labor standards
provisions of the statutes listed in 5 . 1 , a report shall be
submitted promptly to the Administrator 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 right to proceed has been terminated , and the name and
to
address of the contractor
amounts and nnuumber ,rof if
tht co,ntracti,s and
complete the work ,
the description of the work to be performed.
5 .8 Liquidate: Damages Under the Contract Work Hours and
Safety Standards Act
(a ) The Contract Work Hourts and Safety Standards
Act requires that laborers or mechanics shall be paid wages at
a rate not less than one and one-half times the basic rate of
pay for. all hours worked in excess of forty hours in the
workweek . In the event of violation of this provision .
contractor and any subcontractor shall be liable for the unpaid
wages and in addition for liquidated damages , computed with
respect to each laborer or mechanic employed in violation of
the Act in the amount of $10 for each calendar day in the
workweek on which such individual was required or permitted to
work in excess of forty hours without payment of required
overtime wages . Any contractor or subcontractor aggrieved by
the withholding of liquidated damages shall have the right to
appeal to the head of the agency of the United States (or the
territory of District of Columbia, as appropriate) for which
the contract work was performed or for which financial
assistance was provided.
b) Findings and Recommendations of the Agency Head
The Agency Head has the authority to review the
administrative determination of liquidated damages and to issue
a final order affirming the determination. It is not necessary
to seek the concurrence of the Administrator.
A n. Whenever
Administrator shall l be advised sed of the action to e
the Agency Head finds that a sum of liquidated damages
administratively 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 part of the contractor or subcontractor involved , and
the amount of the liquidated damages computed for the contract
is in excess of S500 , the Agency Head may make recommendations
to the Secretary that an appropriate adjustment in liquidated
damages be made or that the contractor or subcontractor be
relieved of liability for such liquidated damages . Such
findings with respect to liquidated damages shall include
findings with respect to any wage underpayments for which the
liquidated damages are determined .
( c ) The recommendations of the Agency pHead for
adjustment or relief from liquidated damages under aragraph
( a ) of this section shall be reviewed by the Administrator or
an authorized representative who shall issue an order
concurring in the recomendations , partially , concurring in the
recommendations , or rejecting the recommendations , and the
reasons therefor . The order shall be the final decision of the
Department of Labor , unless a petition for review is filed
pursuant to Part 7 of this title, and the Wage Appeals Board in
its discretion reviews such decision and order , or . with
respect to contracts subject to the Service Contract Act.
unless petition the for review is filed
d of Service pursuant
ontract to
Appeals i this
title . and n its
discretion reviews such decision and order .
(d) Whenever the Agency Head finds that a sum of
liquidated damages administratively determined to be due under
section 104 (a ) of the Contract Work Hours and Safety Standards -
Act for a contract is $500 or less and the Agency Head finds
that the sum of liquidated damages 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 or. subcontractor involved, an appropriate
adjustment may be made in such liquidated damages or the
contractor or subcontractor may be relieved of liability for
such liquidated damages without submitting recommendations to
this effect or a report to the Department of Labor . This
delegation of authority is made under 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 hardship and to avoid serious impairment of the conduct
of Government business .
5 , 9 Suspension of Funds
In the event of fa� 1 uMeth or refusal flabor ostandardsncl auscs
or any subcontractor to comp Y
contained in 5 . 5 and the applicable statutes listed in 5 . 1 the
Federal agency , upon its own action or upon written request of
ll
an authorized representative Dtopcausenthefsuspensionaof
take such action as may be necessary
the payment , advance or guarantee of funds until such time as
the violations are until
wagescitotwhichsthey
withheld to compensate e p liquidated damages which may be
are entitled and to cover any
due .
5 . 10 Restitution , Criminal Action .
( a ) In cases other than those forwarded to the
Attorney General of the United States under paragraph (b ) , of
this section , where violations 1 the labor
statutes standards listed sled iln clauses
contained in 5 .5 and the app
result in underpayment of wages to employees , the Federal
agency a an qu st that representative Abe madetto such remployees
Labor shall request
of
or on their behalf to prgrams for
section 1 (b) ( 2)
bona fide fringe benefits within
of the Davis-Bacon Act.
(b ) In cases where the Agency Head or the
Administrator finds substantial evidence that such violations
are willful and in violation of a criminal statute ,
the matter
shall be forwarded to the Attorney General ^i11hesucited States t
for prosecution if the facts warrant. of- the action
Administrator shall be informed sioultaneousl-y _
taken .
5 . 11 Disputes Concerning Payment of Wages
(a) This section sets forth e procedure for of
resolution of disputes of fact or law concerning p yment
prevailing wage rates . overtime pay, or proper classification.
The procedures in this section may be initiated upon the
Administrator ' s own moi to, 5 5(a) (9) . or upon hrequest tof b the
Federal agency pursuant
contractor or subcontractor(s) .
(b) ( 1 ) In the event of a dispute described in
paragraph (a ) of this section in which it appears that relevant
facts are at issue . the Administrator will notify the affected
contractor and subcontractor(s )lastknown address, of the r
certified mail to the investigation
findings . If the Administratothatdetermines
the contractor there
and /or
reasonable cause to believe
subcontractor s ) should also be heulettert wildlbsomendicate . the
Davis—Bacon Act or 5 . 12 ( a ) (
( 2 ) A contractor and/or subcontractor
desiring a hearing concerning the Administrator ' s letter vestigative
findings shall request such a hearing by
within 30 days of the date hf findings which ose dispute and
request shall set forth t
the reasons therefor , including any affirmative defenses , with
respect to the violations and/or debarment, as appropriate .
( 3 ) Upon receipt of a timely request for a
to the Chief
hearing , the Administrator shall refer the case to which shall
Administrative Law Judge by Order of Reference .
be attached a copy of the letter from the Administrator and
response thereto , for designation of an Administrative* Law
Judge to conduct such hearings hearimng shallCebearco ducted lin
the disputed matters .
accordance with the procedures set forth in 29 CFR Part 6 .
in
(c) ( 1) In the event
i n of which dispute i t appears described
there
paragraph ( a ) of this sec
are no relevant facts at issue . and where there not
atun at
time reasonable cause to institute debarment proceedings
5 . 12 , the Administrator shall notify the contractor and sub-
contractor(s ) ( if any ) . by registered or certified mail to the
last known address , of the investigation 1 awnown to be i di spute
findings .known shall
issue a ruling on any issu es of
(2) ( i ) If ithththe contractor findingsor of sub
the
contractor ( s ) disagree
Administrator or believe that there are relevant facts in
dispute , the contractor or subcontractor(s) shall so advise the
Administrator by letter postmarked within 30 days of the
Administrator ' s letter. explain^ i n response,etai 1 the contractor
facts calleged,to
subcontractor(s ) shat
be in- dispute and attach any supporting dosumentation.
(ii ) upon receipt of a response under
paragraph (c ) (2) ( i ) of Administrator ni strator h lgli nexamiene existence
i nformaa
factual dispute, the •
tion submitted . If the Administrator determines that there is a
relevant issue of fact. the Administrator shall refer the case
to the Chief Administrative isection=w If Judge he Administratoredeterfi
paragraph (b) (3) of this
mines that there is o relevant issue the contractor and
Administrator shall rule
subcontractor (s ) ( if any ) accordingly .
If the contractor and/or
( 3 ) issued by the
subcontractor ( s ) desire revihw( c ) ( I ) hor ruling der this section ,
Administrator under paragraph
the contractor and/or su henWage tAppeal Appeals Board within thai n petition 30 days
for review thereof with t with a copy thereof the
of the date of the ruling .
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 fr
ade findings -or ruling is not trat ' sr findings and/ororulingrshall
is not filed , the Adm� n� s
be final , except that with respect to debarment under the
Davis-Bacon Act. the Administrator shall advise the Comptroller
mi ni st
General of the Ad r response recommendation a accordance
petition on forreview
with 5 . 12 (x ) ( 1) . If a timely
is filed , the findings and/or untill the decision iuphe drbyhthe
be inoperative unless a
Administrative Law Judge or the Wage Appeals Board .
5 . 12 Debarment Proceedings .
(a ) ( 1) Whenever any contractor or subcontractor is
found by the Secretary of Labor to be in aggrevated or willful
violation of the labor standards provisions of any of the
applicable statutes listed in 5 . 1 other than he c Davis-Bacon
Act ,such contractor or subcontractor or any
partnership, or associat�al interest shall beninel Bible forba n in which such
contractor has a substan
period not to exceed 3 years (from the date of publication by
the Comptroller General of the name or names of said contractor
or subcontractor on the intsubjectprovided
any lof ) the
receive any contracts or subcontracts
statutes listed in 5 .1 .
(2) In cases arising under contracts
covered by the Davis-Bacon Act. the Administrator shall
transmit to the Comptroller General the names of the
contractors or subcontractors and their responsible officers ,
if any (and any firms in which the contractors or
subcontractors are known to have an interest) , who have been
found to have disregarded their obligations to employees . and
the recommendation of the Secretary of Labor or authorized
representative regarding debarment. The Comptroller General •
will distribute a list to all Federal agencies giving the names
of such ineligible person or firms , who shall be ineligible to
be awarded any contract or subcontract of the United States or
the District of Columbia and an provisions of or
the subcontract
statutes
subject to the labor s tandards P
listed in 5 . 1 .
( b ) tl ) In addition( to Stills wheneverwa1sc a resulteOf
action is initiated pursuan
by the Federal agency or the
an investigation conducted where the Administrator finds
Department of Labor , and
reasonabl a cause to believe ton viola tirons or of subcontractor
the 1 abor
has commi tte.dov wl ons 1 of r an of the statutes listed i n 5 . 1
aggravated
standards p
( other than the Davis-Ba whichctconstitute cam o disregard of , its
of the Davis-Bacon Act
obligations to employees or subcontractors undesection
3 ( or
thereof , the Administrator shall ntoify by registered
certified mail to the last known address , the contractor or
subcontractor and its responsible officers , if any ( and any to
firms in which the contractor terest) r subcontractor cot actfinding .known the
have a substantial
Administrator shall afford such contracto r for a cheara�ctoasaido
aany other parties notified an opportunity
9
whether debarment action should b o
eta en Davis-Bacon
Act. The
of this section or section 3 (a
Administrator shall furnish f to
het contractor subcontractortor
investigative findings . I
any other parties notify wish to
taken such ahrequest shall
whether debarment action
be made by letter postmarked within 30 days of the date o the
letter from the Administrator , and shall set forth includingfindings rason ,
which are in dispute to bee raei sed s therefor
° receipt of such
affirmative defenses
request for a hearing , the Administrator shall refer the case
to the Chief Administrative Law Judge theerletterReference ,
to
from the
which shall be attached a copy
of an
Administrator and the response C duct(such° heart^gsatasnmay be
Administrative Law Judge to O
necessary to determine the maters atutes in listed t i n 5 . 1 cotherethan
debarment under any of the s
the Davis-Bacon Act, the Administrative Law Judge shall issue
an order concerning whether the contractor or subcontractor is
of thi
wi thuparagraph0avislBacon Acts
to be debarred in accordant
section . In considering deba
the Administrative Law Judge
whether the contractor o subcontractor should ^ be idebarred
under section 3 (a) of the Act.
(2) Hearings under this section shall be
s
conducted in accordance with 29 CFR Part 6 . If no hearing from
requested within 30 days ° receipt findings e hall rbe r final nale
Administrator , the Administrator s
except with respect to recommendations forthinrparagraph paragraph (a) (2)
under the Davis-Bacon Act, as
this section.
( c ) Any person or firm debarred under 5 . 12 ( x ) ( 1 )
may in writing request removal fro the mcat on
such siz months from the date o p
ubl
General of such person or firm ' s name on the ineligible list .
Such a requests be Aministrator of
Wage and Hour Division , Em Washington , D . C . 20210 , and shall
U .S . Department of Labor ,
contain a full explanation of the reasons why such person or
firm should be removed frsubcontractorg�faeledtsto make cases
where the contractor or subcontractor
a request for removal
restitution to all underpaid employees ,
are made . In
will not be considered until uwillpexamine the facts and
all other cases , the Adminis trator
circumstances surrounding the violative practices which caused
the debarment, and issue a decision as to whether or not such
Person or firm has demonstrated aprovis current
ionsresponsibility
statutes
comply with the labor standards
listed in 5 . 1 . and therefore should be removed from . the
ineligible list. Among the factors to be ' considered in
reaching such a decision actorIs att severity
tude towards compliance ,
the contractor or subcontractor
and the past compliance history of the
Admin.stratoro determines
such removal be effected unless
after an investigation that ndards provisions applicable to
compliance with the labor sta
Federal contracts and Federally statutes listed uini5nl work
and _
subject to any of the applicable roviding wage protection . such as the
other labor statutes p
Service contract Act, the WAct. Ifathe request for removal cis
and the Fair Labor Standards
denied-. the person or firm may p ti tton for review by the .stage
Appeals Hoard pursuant to 20 CFR
(d ) ( 1 ) Section 3(a) ea the
fro a date aof npubl i cationdon
that for a period of three years
the ineligible list, no contract shall be awarded to any
by
persons or firms placed on the persons or afirmsinhave
the Comptroller General t hat
di sre*garded obligations to employees contract shall be cawarded dto
that Act, and further, that no
"any firm, corporation. part�neinterest"r association in
graph ( a) (l� iof
such persons or firms have a
this section similarly provides that for a period not to exceed no
three years from date of publication on the ineligible shall be
contract subject to
ntractor oresubcontractort on �the � ineligible
awarded to any con
list pursuant to that paragraph , nor which chansuchrmcontractor corporation
partnership , or associat
subcontractor has a " substantial interest" . A finding as to
whether persons or firms whose na substantial
me the
o interest , as
list have an interest to artnership , or
appropriate ) in any other firm, corporation , p
association , may be made through investigation , hearing , or
otherwise .
( 2 ) ( i ) The Administrator , on his/her own
motion or after receipt �fofathis request
sectionfor
may makedetermination
afinding
pursuant to paragraph interest ( or substantial interest, as
on the issue of
appropriate) .
( ii ) If the Administrator determines
that there may be an interest ( or substantial interest, as
appropriate) , but finds that there is insufficient evidence to
render a final ruling thereon . the Administrator may refer the
issue to the Chief off Administrative this section . Law Judge in accordance
with paragraph ( d ) (4 ) o
( iii ) If the Administrator finds that
no interest (or substantial interest, as appropriate ) exists .
or that there is not sufficient information to warrant
f any ,of an investigation , the requesting p arty ,
will be so notified and no further action taken .
( iv ) If the Administrator finds that
an interest (or substantial interest, as appropriate) exists .
affected will be notified of the
the person or firm
Administrator ' s finding (by certified mail to the last known
address ) , which shall include fforded an opportunity therefor . and such
person or firm shall be a request that _
a hearing be held to render a decision on the issue .
(B) Such person or firm shall
have 20 days from the date of the Administrator ' s ruling to
request a hearing . A detailed statement of the reasons why the
to
Administrator ' s ruling ishall be including
be in dispute, if any ,
a hearing .
(C) If no hearing is request-
ed within the time mentioned in paragraph (d) (2) (iv) (B) of this
section. the Administrator ' s finding shall be final and 'the •
Administrator shall so notify the Comptroller General . If a
hearing is requested, the ruling of the Administrator shall be
e or
inoperative unless until administrative law
thereud9s an
the Wage Appeals
interest ( or substantial interest , as appropriate ) •
A request as ra ropri ate ) ,ntm y Abe made
P
interest ( or substantial interest ,
contractors or prospective
by any interested party ,
contractors and association s aagencSes . Such tatrequest
employees , and interested Government to the Administrator . Wage and
shall be submitted mPn writing
Nour Division , to ment Standards ministration , U . S .
Department of Labor , ,
( ) The request shall include a
ing forth in detail why the petitioner believes
s tatement sett firm whose name appears on the debarred
that a person or
bidders list has an interest ( or a substantial interest, as
appropriate )
in any firm, corporation , partnership , or
seeking or has been awarded a contract of
association which is
the united States or the district of Columbia ,
No particular
subject to any of the statutes listed in 5 . 1 .
form is prescribed for the submission of a request under this
section. (4 ) Referral to the Chief Administrative Law
para-
Judge . - The Administrator , ihupon a request fore hearing er own motion
graph ( d) (2 ) ( ii ) of this s ect on or
where the Administrator determines that issue 'to facts the are in Chief
dispute . will by order
Administrative Law Judge , for designation of an Administrative
Law Judge who shall condutsuchonh the ng ssue of be
nterest necessary(or
to render a decision solely appropriate) . Such proceedings shall
substantial interest, as P
be conducted in accordance with the procedures set forth at 29 _
GFR Part 6 .
(5 ) Referral to the Wage Appeals Board . - If
and the
the person or firm fe that relevant a ant afacts hearing
are not in
Administrator determines
dispute . the Administrator will refer Board to andecesaon
compiled thereon to the wage Appeals
solely on the issue of proceedingsr shall anbealconducted an
appropriate) . Such p
accordance with the procedures set forth at 29 GFR Part 7 .
5 . 13 Rulings and Interpretations .
All questions relating
to the application and
interpretation of wage determination Part(inclu inthis the classi -
fications therein) issued pursuan
of the rut es contai ned i n thi s part and i n Parts 1 and , 3 . and
of the
labor standards provisions of any of th,e statutes l i s ed
in 5 . 1 shal l be referred to the Arul rulings to
ruling
or interpretation . The ruli ngs and interpretations may
shall be authoritative and those for eri n hesecti on Davis-Bacon 10 of the
be relied upon as provided Requests for
Portal -to-portal Act °r interpretations sh�ou•ld. be9addressed to the
such rulings and rote p
Wage and Hour Division , Employment Standards
Administrator . Washington , D . C .
Administration , U . S . Department of Labor ,
20210 .
Tolerances • and emptions from Parts 1 and 3
5 . 14 Variations . Part
of this Subtitle and this
of Labor may make variations , tolerances ,
The Secretary part
and exemptions from the
regulatory requirements of this tle
and those of Parts 1 andction this Prober !n the
Secretary finds that such a
public interest or to prevent injustice and undue hardship .
, and exemptions may not be made from the
Variations , tolerances
statutory requirements of any of the statutes listed in 5 .1
unless the statute specifically provides such authority .
5 . 15 Limitations , Variations , Tolerances , and Exemptions Under
the Contract Work Hours and Safety Standards Act.
(a ) General . Upon
his s or her own i ni ti ati voef Labor° upon
may
request of any Federal agency , the Secretary
provide under section 105 of m tat onsca d r allow Hours and
Standards Act reasonable 1i
d from of
tolerances , and exemptions to an finds o l such provisions s action to be
that Act whenever the Secretary -interest
necessary and proper in t or tousvoid seriousimpairmenteof
injustice , or undue hardship , request for such
the conduct of Government business. Any and
action by the Secretary for which the trequest slmade.
shall set forth the reasons
(b) Exemptions . Pursuant to section 105 of the
Contract Work Hours and Safety Standards ds -A all provisions i of
classes of contracts are found exempt
that Act in order to prevent injustice , undue hardship , or
serious impairment of Government business:
( 1 ) Contracts of $2,000.00 or less .
(2 ) Purchases and contracts other han oor
struction contracts in the aggregate amount of $2 .
less . In arriving at the aggregate amount involved, there must
ly be
be included all property and services whnc and and which p operld be
grouped together in a single transact o
included in a single advertisement for bids if the procurement
were being effected by formal advertising .
( 3 ) Contract work performed in a workplace
within a foreign country or within territory under the
jurisdiction of the United Columbia ;wiPuerto
State of the United St s
Rico; the Virgin Islands ; Outer Continental Shelf lands defined
in the Outer Continental Shelf
WakeLands
lsland CchCn3wetok67Ato11 ;
462) ; American Samoa ; Guam
Kwajalein Atoll ; and Johnston Island .
(4 ) Agreements entered into by or on behalf
of the Commodity Credit Corporation providing for the storing
in or handling by commerical warehouses of wheat, corn , oats ,
barley , rye . grain sorghums ,Gr ' beanseaseedslacotton , and woolval
stores , tobacco , peanuts . Y
(5 ) Sales of surplus power by the Tennessee
Valley Authority to States , counties , municipalities ,
cooperative organization
ur f citizens
secor ar0eof' ther7ennessee
and other individuals p
Valley Authority Act of 1933 ( 16 U .S .C. 8311 ) .
( c )• Tolerances. ( 1 ) The "basic -rate of pay" under
section 102 of the Contract Work Hours and Safety Standards Act
ich
may be computed as an hourly equivalent to the rate on hand
time-and-one-half overtime compensation may
paid under section 7 of the as interpreted n Part 778 of
e p Standards lth8s
as amended ( 29 U . S.C. 2 0
title . This tolerance is reveal necessary ahardshipproper in
the public interest in order to p
(2) Concerning the tolerance provided in
ction
paragraph ( c ) ( 1) of this Standards Act a�do778�7nof t isetitle
7 ( d) (2 ) of the Fair labor
s`ould be noted. Under these provisions , payments for
occasional periods when no work is performed, due to vacations ,
and similar causes are excludable from the "regular rate" under
the Fair Labor Standards Act. Such payments.
also excludable from the "basic rate" under the Contract Work .
Hours and Safety Standards Act.
(3 ) See 5 .6(c) providing a tolerance
subdelegating authority to the heads of agencies to make
appropriate adjustments in the assessment of liquidated damages
totaling $500 or less under specified circumstances .
( 4 ) ( i ) Time spent in an organized program of
related . supplemental instruction by laborers or mechanics
employed under bona fide apprenticeship or training programs
may be excluded from working time of the criteria prescribed in
paragraphs ( c ) (4 ) ( ii ) and ( iii ) of this section are met .
( ii ) The apprentice or trainee comes
within the definition contained in 5 .2 ( n ) .
( iii ) The time in question does not
involve productive work or performance of the apprentice ' s or
trainee ' s regular duties .
(d) Variations ( 1 ) In the event of failure or
refusal of the contractor or any subcontractor to comply with
overtime pay requirements of the contract Work lure and es Safety
Standards Act, if the funds withheld by for
the violations are not sufficient to pay fully. both the unpaid
wages due laborers and mechanics and the liquidated' dama•ges due
the United States , the available funds shall be used first to
compensate the laborers and mechanics for the wages to which
they are entitled ( or an equitable portion thereof when the
funds are not add for the paymen o liquidated damages
adequate f the nce , if
any , shall be use
(2 ) In the cof 38 U .S.C.contract
entered entered into pursuant to the provisions
provide nursing home care of veterans, no contractor or
subcontractor under such contract shall be deemed in violation
of section 102 of the Contract Work Hours and Safety Standards
Act by virtue of failure to pay the overtime wages required by
such section for work in excess of 40 hours in the workweek to
any individual employed by an establishment which is an
institution primarily engaged in the care of the sick , the
aged . or the mentally ill or defective "who reside on the
premises if , pursuant to An agreement or understanding arrived
at between the employer and the employee before performance of
the work . a work period of 14 consecutive days is accepted in
lieu of the workweek of 7 consecutive days for the purpose of
overtime compensation and if such individual receives compensa-
tion for employment in excess of 8 hours in any workday and in
excess of 80 hours in such 14-day period at a rate not less
than 1 1/2 times the regular rate at which the individual is •
employed , computed in accordance with the requirements of the
Fair Labor f Management Act
andf Budget aunderndOMB control d num the
Office of
1215-0140 and 1215-0017 . )
( 3 ) Any contractor or subcontractor perform-
in on a government contract the principal purpose of which is
g fire fighting or suppression of and related n Section
the furnishing of
services , shall not be deemed toafetinStandardsAct forfalinng
of the Contract Work Hours and
Section 102 of the
to pay the overtime compensation required by as defined in
Act in accordance with the basic rate of pay
of this section , to any pilot or copilot of a
paragraph ( c ) ( 1 ) wing aircraft employed on such contract
fixed-wing or rotary-
if :
( i ) Pursuant to a written employment
agreement between the contreacotf and the employee which is
g performance arrived at before p
(A) The employee receives
gross wages of not less than$300 work eek , regardless of the
total number of hours worked Y
(g ) Within any workweek the
total wages which an employee ouldeha a been entitled in that
wages to which the employee wage
workweek if the employee were paid to the minimum
provisions l of the
required under the contract p applicable wage determin-
Service Contract Act of 1965 and any app _
ati on i slued thereunder food one-hat fr times kesuch D minimum
additional premium payment
hourly wage for all hours worked in excess of 40 hours in the
workweek;
(ii ) The contractor - maintains
accurate records of the total hci] kcont hours act. of In the
performed by such employee on t government
the re-
event these condition ec 102 the Work Hours and Safety
Standards of shall applicable to the contract from the date
Standards Act shall De app
the contractor or subcontractor fails sby the Office Of
until. completion of the contract.
Management and Budget under OMB control number 1215-0017 . )
Plans Approved or Recognized by the Department
5 .16 Training
of Labor Prior to August 20. 1975.
(aj Notwithstanding the provisions of 5.5(a) (4) (ii )�
relating to the uti 1 i zati on of tno i ncontractor Federal
shal l and
be
federally assisted construction . ram which , prior
required to obtain approval of a training program
was approved by the Department As . o
to August 20, 1975 , established
purposes of the Davis-Bacon and Relate as
agreement of organized labor and management and therefore
by ag the Department and / or was recognized by
recognized by A copy of
De artment under Executive order prior , approvaldeif applicable
D and Training
the program and evidence o the Employment royal or
shall be submitted to prior app
Administration , which shall certify other respect , the
recognition of the program .
) (4 ) ( ii ) including those relating to
provisions of 5 . 5 ( a permissible ratios , and wage rates to
registration of trainees , ro rams .
be paid - shall apply to these p g contract executed on
(b) EVery trainee employed on a
1975 , in one of the above training
and after August 20 • registered in the program in
programs must be individually Administration
with Employment and Training
accordance aid at the rate specified in the
procedures . and must be D Any such employee listed on
program for the 1 evel of progress .
the payroll l at a trainee rate bys ETA tpursuante to thus
D Y in a program certified participating roved and certified by ETA pursuant to
section , or app the
5 .5 (a) (4) ( ii ) . must be paid the wage cction dofe work edactually
Secretary of Labor for the c
performed. The ratio of trainees mstoof Johe npef grashall not De
pe the ter
greater than permitted by
( c) in the event a program which was recognized or
approved prior t
to August 20 . 1975 + is modified . revised,
xtended. or renewed . the changes in Training Administration
e the Employment and d
must be approved by
before they may be placed into effect_
5 , 17 Withdrawal of 'Approval of a Training Program _
- if at any time the Employment and Training
Administration determines , after opportunity for a hearing .
that the standards of any program. whether it is one recognized
roved prior to August 20. 1975, or a program subsequently
or app program
approved . have not been complied with . o fotrha participants , a
fails to provide adequate training
contractor will no 1 onger be rate for classification l ofework
less than the predetermined ra roved .
actually performed until an acceptable program is app
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 . 88-349 ) to the Davis-Bacon
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
contributed by the contractor or subcontractor for certain
fringe benefits ( or the cost to them of such benefits ) . The
purpose of this subpart y makes explain
e n one place official
amendments . This subpart al
interpretations 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
laborers and
the guidance of. contractors , their associations ,
mechanics and their organizations . and local State and Federal
agencies , who may be concerned with these provisions of the
law. The interpretations contained 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 a particular problem in this subpart or in inter-
pretations supplementing it should not be taken to indicate the
adoption of any position by the Secretary of Labor with respect
to such problem or to constitute an administrative
interpretation. practice , or enforcement policy . Questions on
matters not fully covered by this subpart may be referred to
the Secretary for interpretation as pr-ovided in 5 . 12.
5 .21 (Reserved )
5 .22 Effect of the Davis-Bacon Fringe Benefits Provisions .
The Davis-Bacon Act and the prevailing wage provisions
of the related statutes listed i n 1. 1 of this subtitle confer
upon . the Secretary of Labor the authority to predetermine, as
minimum wages , those wage rates found to be prevailing for
corresponding classes of laborers and mechanics employed on
projects of a character similar to the contract work in the
area in which the work is to be performed. See paragraphs (a)
and (b) of 1 .2 of this subtitle . The fringe
amendments enlarge the scope of this authority by including
certain bona fide fringe benefits within the meaning of the
terms "wages" . "scale of wages" , "wage rates" , "minimum wages'
and "prevailing wages" . as used in the Davis-Bacon Act.
5 .23 The Statutory Provisions .
The fringe benefits provisions of the 1964 amendments
to the Davis-Bacon Act are , in part, as follows:
( p ) As used in this Act the term "wages" , " scale of
,
wages" , "wage rates ' , minimum wages " , and " prevailing wages"
shall include -
( 1 ) The basic hourly rate of pay ; and
( Z ) The amount of -
( A ) The rate of contribution
irrevocably made by a contractor or subcontractor to a trustee
or to a third person pursuant to a fund , plan , or program; and
( g ) The rate of costs to the
contractor or subcontractor which may be reasonably ur
pated in providing benefits to laborers and mechanics psuant
to an enforceable commitment to carry out a financially
responsible plan or program which was communicated in writing
to the laborers and mechanics affected , for medical or hospital
care , pensions on retirement or death , compensation for
injuries or illness resulting from occupational activity , or
insurance to provide any of the foregoing , for unemployment
benefits , life insurance , disability and sickness insurance , or
accident insurance . for vacation and holiday pay , for defraying
costs of apprenticeship or other similar programs , or for other
bona fide fringe e
i s required requ edbby other Federal , e State ,contractor
subcontractor or local
law to provide any of such benefits .
5 .24 The Basic Hourly Rate of Pay .
'The basic hourly rate of pay" is that part of a
laborer ' s or mechanic ' s wages which the Secretary of Labor
would have found and included in wage determinations prior to
the 1964 amendments . The Secretary of Labor is required to
continue to make a separate finding of this portion of the
wage . In general . this portion of the wage is the cash payment
made directly to the laborer or mechanic. It does not include
fringe benefits.
5 .25 Rate of Contribution or Cost for Fringe Benefits.
(a) Under the amendments , the Secretary is
obligated to make a separate finding of the rate of
contribution or cost of fringe benefits. Only the amount of .
contributions or costs for fringe benefits which meet the
reuirements of the act will be considered by the Secretary .
These requirements are discussed in this subpart.
(b ) The rate of contribution or cost is ordinarily
an hourly rate , and will be reflected in the wage determination
as such . In some cases , however , the contribution or cost for
certain fringe benefits may be expressed in a formula or method
of payment 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 method 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 ) ( i ) and ( ii.i ) .
5 .26 " . . . Contribution Irrevocably Made . . . to a Trustee or to a
Third Person" .
Under the fringe benefits provisions section 1 (b ) (2 )
of the act) the amount of contributions for fringe benefits
must be made to a trustee or to a third person irrevocably.
The "third person must be one who is not affiliated with the
contractor or subcontractor . The trustee must assume the usual
fiduciary responsibilities imposed upon trustees by applicable
law. The trust or fund must be set up in such a way that in no
event will the contractor or subcontractor be able to recapture
any of the contributions paid in or any way divert the funds to
his own use or benefit. Although contributions made to a
trustee or third person pursuant to a benefit plan must be
irrevocably made , this does not prevent return to the
contractor or subcontractor of sums which he had paid in excess
of the contributions actually called for by the plan , as where
such excess payments result from error or from the necessity of
making payments to cover the estimated cost of contributions at
a time when the exact amount of the necessary contributions
under the plan is not yet ascertained. For example , a benefit
plan may provide for definite insurance benefits for employees
in the event of the happening of a specified contingency such
as death , sickness , accident, etc. , and may 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
sums paid by him in excess of the amount requiring to provide
the benefits which , under the plan, are to be provided through
contributions by the contractor or subcontractor, will not be
deemed a recapture or diversion by the employer of contribu-
tions made pursuant to the plan.
5 .27 " . . .Fund , Plan , or Program" .
The contributions for fringe benefits must be . made •
pursuant to a fund . plan or program (sec. 1 (b) (2) (ll) of the
act) . The phase "fund. plan , or program" is merely intended to
recognize the various types of arrangements commonly used to
provide fringe benefits through employer contributions . The
phrase is identical with language contained in section 3 ( 1 ) of
the Welfare and Pension Plans Disclosure Act . In interpreting
this phrase , the Secretary will be guided by the experience of
the Department in administering the latter statute .
5 .28 Unfunded Plans .
(a) The costs to a contractor or subcontractor
which may be reasonably anticipated in providing benefits of
the types described in the act pursuant to an enforceable
commitment to carry out a financially responsible plan or of
program, are considered) fringe eb benefits The hlegislative "hi story
the act ( see 1 ( permit the
suggests that these provisions were intended to
consideration of fringe benefits meeting , among others , these
requirements and which are provided from the general assets of
a contractor or subcontractor .
Labor rHCt Rep . Noep308 .o88theCongSe 1stmSesse
on Education and
p • 4 ) -
(b) No type of fringe benefit is eligible for
consideration as a so-called unfunded plan unless :
( 1 ) It could be reasonably anticipated to
provide benefits described in the act;
(2 ) It represents a commitment that can be
legally enforced;
(3) It is carried- out under a financially
responsible plan or program; and _
(4) The plan or program providing the
benefits has been communicated in writing to the laborers and
mechanics affected. (See S. Rep. No. 963. p . 6. )
(c) It is in this manner that the act provides for
the consideration of unfunded plans or programs in finding pre-
vailing wages and in ascertaining compliance with the act. At
the same time , however . there is protection against the use of
this provision as a means of avoiding the act' s requirements .
The words "reasonably anticipated" are intended to require that
any unfunded plan or program be able to withstand a test which
can perhaps be best described as one of actuarial soundness .
Moreover , as in the case of other fringe benefits payable under
the act, an unfunded plan or program must be "bona fide' and not
a mere simulation or sham for avoiding compliance with the act.
( See S Rep . No. 963 , p . 6. ) The legislative history suggests
that in order to insure against the possibility that these
provisions might be used to avoid compliance with the act, the
Secretary of Lbor - n carryng
committee contemplates that the Reorganization aPlan1NO . 14 i of
out his responsibilities and
1950 , may direct a contractor or subcontractor to set aside in
an account assets which under sound actuarial phinciples ,the
will De sufficient to neetof thth i sutaccounL , f or l o the ndpurpose
plan . The preservat 1
o
intended would , of course , also be essential . ( S . Rep . No .
963 , P . 6 . ) This is implemented by the contractual provisions
required by
5 ,29 Specific Fringe Benefits .
act lists all types of fringe benefits which
(a ) The be common
the Congress considereheseoinclude the following :
industry industry as a whole .
hospital care . pensions on retirement or death , compensation
for injuries or illness resulting
an ltofg the from
foregoi occupational activity ,
provide
foregoing , unemployment
or insurance to Y
benefits , life insurance , disability and sickness insurance t of
accident insurance , vacation and holiday pay ,
costs of apprenticeship or other similar programs , or other
bona fide fringe benefits .
bby they Federal , eState ,r
subcontractor is n0 or local
law to provide any '
of such benefits .
(b) The legislative history indicates that it was
not the intent of the Congress to impose spec fiMastandards
relating to administration of fringe benefits .
that a ma jori ty of fringe benefits arrangements of this nature with
will be those which are 302(c) t5) e of the accordance
Labor
requirements of section _
Relations Act, as amended (S. Rep . No. 963, P . 5 • ) •.
.( c) The term "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
become prevailing . It was pointed out that a particular fringe
in
benefit need not be recognized that beyond i t i s particular
prevailing i in that
order for the Secretary to find
area (S. Rep . No. 963. P. 6) •
(d) The legislative reports indicate that, to
insure against considering and giving credit to any and all
fringe benefits , some of which might be illusory or not
genuine , the qualification was included that such fringe
benefits must be "bona fide" (N. Rep. No. 308. p. 4 : S. Rep.
No. 963 , p . 6 ) . No difficulty is anticipated in determi-ni ng
benefit is "Dona fide
whether a particular fringe in the
ordinary case where the benefits are those common in the
construction industry and which are ebeatypically under
the caseuof
fund. plan , or program. This would
e benefits listed in paragraph ( a ) of this section
those fringe program. Contract-
which are funded under a trust or insurance p 9
ors may take credit for contributions made under such
conventional plans without requesting the approval of the
Secretary of Labor under 5 . 5 ( a ) ( 1 ) ( iv ) •
(e) Where the plan is not of the conventional type
described in the preceding paragraph , it will be necessary for
the Secretary to examine the facts and circumstances to
determine whether they are "bona fide" in accordance with
the act . This is particularly true with
requirements of fans . Contractors or subcontractors
respect to unfunded P
seeking credit under the ermissionofromnthe t Secretaryh under
must request specific D
5 .5 (a) ( 1) (iv) .
((i The act excludes fringe benefits which a
contractor or subcontractor is obligated to provide under other
Federal , State , or localmadeM 'for osuch d�be benefits . taken under
For example.
act for the payments either a
payment for workmencompensation State statuteur are under
not considered
compulsory or elec tive
Whine each
payments for fringe benefits under the Act.its own merits ,
situation must be sep 1 atsubsi subsistence ord to nindustry promotion
payments made for trave
funds are not normally heaym not any express refe enceutotthese S for fringe benefits
Act. The omission in t
payments, which are common
shouldtnot normallytben regarded ras
suggests that these p a Y
bona fide fringe benefits under the Act.
5 .30 Types of wage Determination.
(E ' When fringe benefits are prevailing for various
classes of laborers and se���iincludable e i area
any of
DavQs�Bacon
construction, such benefit
wage determination. Illustrations, the different 9types (of
of this section, demonstrate some of
wage determinations which may be made in such cases.
(p) Wage determinations of the Secretary of Labor
under the act do and mechanics whenever such i benefits vdoinot
classes of laborers a . this
prevail in the area of proposed construction. then basic
occurs ; . the wage determination will contain only
hourly rates of pay , that is only the cash wages which are
prevailing for the various situation classes s contained i n paragraph (C)
An illustration of this (c)
of this section.
1 1 1 1 1 1 N
1 1 1 1 1 1 C
N I 1 1 1 1 1 p
W 1 1 1 i 1 1 ✓
1• t 1 1 1 1 1 C
O 1 t 1 1 1 1
1 1 1 1 1 1 E
L
d
1 1 I 1 1 ✓
I d Z 1 1 1 1 6ff 1 d
�• 1 / 1 1 O
Z
W IH Z
C W O 1 1 1 1 M N V
d J 0 1 1 1 I 1 •^
cr. 1 1 I t 1 t
6n Z M••� 1 1 1 1 i s
= C
W '
•j 1 / 1 1
1 1 O
t 6A 1 1 N 1 1
y1 �'• 1 1 M 1 1
✓
W t 1 1 I st
= a
W 1 1 1 1
- m V
I 1 1 Z
W 1 I O O 1 ✓
� N 1 1 .••� •••� N 1
C
Z sm 1 1 M 1
L6 N 1 1 1
W 1 1 1 L
1 / 1
1 1 1 N
N
i d
W
C 1 6A 6A O 619 1
r < 1 �. t �'
r
J J 1 O C
W W M 1 C O
✓ ✓
Ln A A
Li J H N O
C W p N
t O c M
go N�
L
N C ✓
W yf 4 C ..
1� N W 9 V
< Ln IA W N ^ C C p
W C W p N
W
!1 V .. O
/
C _ = Z•�
p d Z V
N.
J < < t J ..1 C r�
•� s
u
.r
5 . 31 Meeting Wage Determination obligations . work
or subcontractor performing
(a) A contractor discharge his
Davis-Bacon wage determination may
subject to a the payment of both straight time
minimum
W age obligations for paying in cash , making payments or
wages and cst fringe for of"bona fide" fringe benefits of the types
.incurring 1 i cabl a wage determination Labor , o or
by otherwise
ahecombenatuon
prevailing
listed in tbY athe Secretary of L
thereof . discharge his
(b� A contractor of thecbasiccthc ly rates and the
obligations for the payment o
benefits where b0 hi s laborers ntor contained a M
in the
determination applicable
licable to
following Mays :
not less than the basic
( 1 ) By paying makin the
hourly rate to the laborers or mechanics and by g
Y for the fringe benefits in tine
in the illustration
contributions For example.
tions , as specified t r �C) of 5 .30 , the obligations for
contained in paragraph a payment of a straight time hourly
painters" will be met by the p Y not less than .
" contributing
cents an hour for health and welfare
rate of raLe1tof 15n S3 '90 and Y and ZO cents an hour
at the
benefits . 10 cents an hour for pensions .
for vacations : or
(Z) By paying not less than the basic
making contri-
hourly rate to the laborers or mechanics and a total
by the wage
but
ions for 'bona fide" fringe benefi�itsnrequ red py amount "not
less than the total of the fringe e obligations for "painters in _
determination. For example,
i l 1 ustrati on i n paragraph (c) of
ate 5.30
of not ll less than $3.90
the time hourly r
payment of a straight
and by contributions of not 1e s aora total of 45 cents an
hour for "Dona fide fringe benefits;
(3)
Sy paying in cash directly to laborers can
or mechanics for the basic hourly rate and by For
additional cash payment in lieu of the required enisf�or ' incur
example. where an employer does not make his
for fringe benefits . he would meet hi s obligations for
cos paragraph (c) of 5 .30. by
"painters" in the illustration in parag ap rate of
paying directly to the painters asic hourlystraight ate plus hourly rate for •
not n less than
benefits ) ;3 0r(53.90
fringe
of this
(4 ) As stated t paragraph discharge his
the contractor or subcontractor may ht time wages
section - obligations for the payment of straig
minimum wage a combination of the methods il7husrafor
ra h •
and fringe benefits by paragraph .
be met by an hourly
( 1 ) thru ( 3 ) of this parag P
in subparagraphs obligations for "painters" may
example . his partly in payments or costs for fringe
rate , partly in cash and
notPless than $4 . 35 ( 53 .90 basic hourly
benefits which total benefits ) . The payments in such
rate plus 45 cents for fringe payments or costs in
be $4 . 10 in cash and 25 cents in
C ase may Or . they may be S3 . 75 ( 30cFSR .a13136 .cOctsl5n
fringe benfits • for fringe benefits .
payments or costs
1965)
5 .32 Overtime payments * aid by a contractor
(a) The act excludebenef� ts is in the computation of
or subcontractor for fringe
Fair Labor Standards Act. the Contract Work
overtime under the Standards
Act, and the Walsh-Healey Public
Hours and Safety rovisions of any of these
concurrently with the Davis-Bacle Act or its
Contracts Act whenever the overtime p t ,s clear from the
statutes apply, wage statutes . I
related prevailing basic
hi story that In no event t is ca9 cul ated under
legislative remimum pay for overtime
rate upon which P Federal statutes be less than the amrate
the aforementioned of Labor as the basic hourly
determined by the Secretary
Contributions by employees are
i •e , cash rate under section 1 (Cbon( 1) of the Davis-Bacon Act.
( Mo . 963 • p • 7 ' ) on which overt
( See S . Rep •
not eluded from the regular or basic that upon
an employee' s
is computed under these statutes;
regular or basic straight-time rate is
employee' sncontreibutions
before any deductions are made or such rate so
benefits . the contractor ' s computing i°ns or cos s
to fringe be excluded
for fringe benefits may wage
as the exclusions do not reduce cOnt inedulainor the rate
long hourly rate
below the basic
determination. phasing
(b) The legislative report notes t contractr or
"contributions irrevocably made by
contractor to a trustee or to a third rthe person Pursuant Committee .
sub tan. or program was add
fund . p
provisions Of
This language in essence Fairol.aboro StandardsiAct. asiamended ' '
section 7 (d) (4) of the prevent any avo
The intent Oirementsoundereexisti g law. (See H. Rep. No.
308 .
overtime req
p - 5 . )
1 ) The act permits a contractor or subcontractor to
( c ) ( fringe benefits found prevailing
Such a cash equivalent would also
pay a cash equivalent of any
the Secretary of Labor . regular or basic rate under the
by in computing the For example .
be excludable laws mentioned in paragraph ( a )
Federal overtime his laborers or mechanics
the W construction contractor Pays
under a determination of the Secretary of
53 . 50 in cash hourly rate of $3 and a fringe
Labor which requires a basic the contractor pays the 50
he made no payments and incurred no costs
benefit contr'becau$e of 50 cents .
compensation in this case would
cents in cash Overtime come
for fringe benefits - or basic rate of 53 . 00 an hour .
on a question of fact may be presented in
be computed cases a q
However . in some not a cash payment made to laborers or
ascertaining whether °r
actually in lieu of a fringe I^nthetlatter situay
mechanics is ht time cash wage .
part of their straight . not excludable in computing overtime
coon , the cash Pay
compensation. Consider the examples set forth in subparagraphs
(2 ) and (3) of this paragraph .
(2) The X
construction eecha�contractor
as his basic cash
time been payi "g
53 .25 an hour wal fare and
wage plus 5o cents a" retarysof Labor determines that sof
pension plan. The Secretary
and a fringe benefit contribution
hourly rate of S3 an The basic hourly rate or regular rate
revailing . aid as
50 cents are prevailing be 53.25 . the rate actually p
for overtime purposes rather. than the $3
for the employte of x - of Labor.
a basic cash wage revailing by the Secretary
rate determined as P the same prevailing wage
(3) Under subparagraph 2 of this paragraph .
determination contra tor whohas been paying $3 an hour as
the Y construction on which he has been computing overtime
his basic cash wage
nsation reduces the cash wages section� 1 b) (2) (B rasp S1
comps rate
computes his costs of benefits under
an hour. . In this example the regular ee S. aepballoC 963 .
P . • )
would continue to be $3 an our.
APPENDIX A
STATUTES RELATED o� THE ATI RATES-BACON PREDE-
ACT
PAYMENT
TERMINED BY THE SECRETARY OF LABOR
1 , The Davis-Bacon
Act ( secs . 1-7 . 46 Stat . 1494 , as
amended Pub . L . 74-403 . 40 U . S . C _ 276a-276a-7 ) .
National Housing Act ( 5ec . 212 acc dC .to17 . 847
2 ' sec . 14 . 53 Stat.48 Stat. 1 a�e�ded ) •
repeatedly housing ) ( amended by
3 , Housing Act of 1950 ( college
ons . 73 Stat. 681 ; 12
Housing Act of 1959 to add labor D
U .S .C . 1749a (f) ) -
Of 1959 ( sec 401 (f) of the Nousing
Act o
4 , Housing Pub . L . 86-372 . 73 Stat. 681.; 12
Act of 1950 as amended by
U .S .C. 1701q(c ) (3 ) ) •
isheries Research and Development Act
S . Commercial F
of 1964 ( sec . 7 . 78 Stat. 199 ; 16 U .S.C . 779c (b)
6 .
Library Services and Construction Act (sec. 7 (a) .
78 Stat. 13; 20 U .S.C. 355c(a) (4) , as a for the Deaf Act
7 • National Technical Institute
( sec. 5(b ) (5 ) . 79 Stat. 126 ; 20 U .S.C.
684(b) (5) ) •
8, National Foundation
an 46h asAamended: H2OaUiS�Cs
Act of 1965 (sec- 5 (k) , 79 Stat.
95a ( j ) ) •
g , Elementary and Secondary Education Act of 1965 as
Amend-
amended by Elementary and Secondary and other gid230, titleeIY .
meats of 1969 (sec . 423 as added by Pub. L• Pub -
a33 by
sec . 401 (a ) ( 10) . 64 Stat. 169 . and renumbered sec. 20 U .S.C.
L. 92-318; title 111 . amend enta) (1) -coverage Sist•extended to all
1232 (b ) ) . Under t
programs administered by the Commissioner of Education.
10 .
The Federal-Aid Highway Act of 1956 (sec .1081Da
70 Stat. 378. recodified at 72 Stat.mendments2 in U.S.C.•Federal-Aid
amended) . see particularly the
Highway Act of 1968 (Pub. L. 90-495. 62 Stat. 815) .
Indian SeIf-Determirratian and Education
11 . 450e ) .
Assistance Act ( sec . 7 . 88 Stat . 2205 ; 25 U . S • C • Act ( sec .
12 . Indian health Care Improvement
303 (b ) , 90 Stat . 1407 : 25 U . S . C . 1633 (b ) ) • 306 ( b ) ( 5 )
Rehabilitation Act of 1973 ( sec
13 . 776 (b ) ( 5 ) ) •
87 Stat. 384 . 29 U . S . C .
Comprehensive Employment sec . Training 706 byBE Act Statf
1973 ( sec . 606 . 87 Stat . 880 . renumD
1845 ; 29
U .S .C. 986 ; also sec . 604 . 88 Stat . 1846 ; 29 U .S .C .
964 (b) (3) ) •
5 . State and Local ai Fiscal
U . S .C .A 1246( a ) ( 6 ) ) .Assistance of 1972
( sec . 123(x) ( 6 ) •
86 Stat . 93
16 . Federal waterS G.11372) .control Act (sec . 513
of sec . 2 . 86 Stat . 894 ; 33 U •
17 .
veterans Nursing Home Care Act of 1964 (78
Stat. 502 , as amended ; 38 U .S .C . 5035 (a ) (8 ) ) - 4) (C) ) .
18 . Postal Reo99uns ZCt� 410 (b ) (4 ) (�j )410(b) (
84 Stat. 726 as amended ; 3
19. National visitors Center Facilities Act of 1966
(sec. 110, 32 Stat. 45; 40 U.S.C. BOB) -
20 , Appalachian Regional Development Act of 1965
( sec . 402 . 79 Stat. 21 ; 40 U.S.C.
App. 402) •
21 . Health Services Research,
Health Statistics .
and Medical Libraries Act of 1974 (sec. 90 7St to 378; 428Uh)12 )
thereof . 88 Stat. 370. as amende d by
242m(h) (2 ) ) •
Construction Act, as
22 . Hospital Survey
and
amended by the Hospital and Medical al U a ili ies Amendments of
1964 (sec. 605(a) (5) . 78 Stat Med
23, Health Professions Education Assistance Act
( sec . 303(b) . 90 Stat. 2254; 42 U.S.C. 79ya (9) (1) (C) ; also sec .
308a . 90 Stat. 2256, 2
24. Nurse Training Act of 1964 (sec. 941(a) (1) (t) •
89 Stat. 364 ; 42 U .S.C. 296a(b) (5) ) .
25, Heart Desease . Cancer, and Stroke Amendments of
1965 (sec. . 904, as added by sec. 2, 79 Stat. 928; 42 U .S.C.
299d (b ) (4) ) •
26 . Safe Drinking Water Ac-t ( sec . 2 ( a ) . see sec .
1450e thereof . 88 Stat . 1691 ; 42 U . S .C . 300j-9 (e ) ) •
National Health Planning and Resources Act
27 .
D ) ( 1 ) ( H ) , 88 Stat . 2261 , 42 U . S . C .U . S .
( sec . 4 , see sec . 1604 (
300o-3 (b ) ( 1 ) (H) ) -
U . S . Housing Act of 1937 , as amended and recodi -
fied ( 882Stat . 667 ; 42 U . S . C . 1437j ) .
Cities and Metropolitan
29 , Demonstration
Development Act of 284 (42cU -S1C0 ' 3310 ; 123U .S .C . , 1715cta42
1259 , 1270, 1277 , 1284 ,
U .S .C . 1437j) •
Slum Clearance Program; Housing Act. of 1949
30 .
( sec . 109 . 63 Stat. 419 . as amended; 42 U .S.C . 1459
31 . Fram Housing: Housing Act of 1964 (adds sec.
516 (f ) to Housing Act of 1949 by sec. 503, 78. Stat. 797 ; 42
U .S.C. 1486(f ) ) •
, Housing Act of 1961 (sec. 707 , added by sec .
32
907 , 79 32 . 496 , as amended; 42 U .S.C. 1500c-3) -
33. Defense Housing and Community Facilities and
Services Act of 1951 (sec . 310, 65 Stat. 307 ; 42 U.S.C. 15921 ) .
34 . . Special Health Revenue Sharing Act of 1975
( sec . 303. 'see sec . 222(a) (5) thereof. 89 Stat. 324; 42 U .S.C.
2689j(a) (5) ) .
35. Economic Opportunity Act of 1964 (sec_ 607 . 78
Stat. 532 ; 42 U .S.C. 2947 ) .
36 . Headstart, Economic Opportunity . and Community
Partnership Act of 1974 (sec. 11, see sec- 811 thereof . Be
Stat. 2327 ; 42 U.S.C. 2992a) •
37 , Housing add Urban Development Act of 1965 (sec.
707 , 79 Stat. 492 as a s e
36, Older Americans Act of 1965 (see. S 2 . Pub.; 42
89-73, as amended by sec. 501. Pub. L. 93-29;
U.S.C . 3041a(a ) (4 ) ) • •
39 . Public Works and Econom 42 Development op3222) Act of
1905 (sec. 712, 79 Stat. 575 as amended;
40 .
Juvenile Delinquency Prevention Act ( sec . 1 . 86
Stat. 536 ; 42 U . S . C . 3884 ) .
ities Act of 1968 ( sec . 410 . 82 Stat .
41 . New Commun
516 ; 42 U .S.C . 3909 ) .
42 , Urban Grow tat .and New
2 U . S .C .y 4529 ) .Development Act
of 1970 ( sec . 727 ( 1 ) . 84 St
43. Domestic Volunteer. Service Act of 1973 ( sec .
406 . 87 Stat . 410 , 42 U .S . 0
44 . Housing and Community Develop42ntU .S .C .A f53104
(secs . 110 , 802 ( g ) • B8 Stat. 649 , 724 ;
1440 (8 ) ) .
45. DevelopmentaStat0i4881e42AUSSSCan6042(4)Bititle
Rights Act ( sec . 126(44918942 U .S .G. 6063(b) ( 19 ) ) •
I . sec. 111 . 89 Stat. -
46 . Public works Employment Act
208,0901Stnt`s10081042
90 Stat. 1001 ; 42 U .S .C. 6708 . als
U .S.G. 6728) .
47 . Energy Conservation and Production Act ( sec .
451 (h ) . 90 Stat. 1168; 42 U .S.C. 6881 (h ) ) .
48 . Solid waste Disposal Act (sec. 2. 90 Stat.
2828 ; 42 U.S.C. 6979 ) .
49 . Rail ' Passenger Service Act of 1970 (sec . 405d.
84 Stat. 1337 ; 45 U.S.C. 565(d) ) . _
50. UrbTransportation l3by 88 Stat.of 1964 (sec.
78 Stat. 307 ; renumbered sec
1609 ) .
51 . Highway speed ground transportation study (sec.
6 (b ) . 79 Stat. 893; 49 U.S.L. 1636(b) ) .
52. Airport and Airway Development Act of 1970
(sec . 22(b) . 84 Stat. 231; 49 U.S.G. 1722(b) ) .
53. Federal Civil Defense Act of 1950 (50 U.S.C.
App . 22811 ) .
54 . Hai1644=Capital
40 U.S C e682( b) (i4)n Act of 1965
(sec . 3(b ) (4 ) . 79 Stat
NOTE -incorporated 6
sec. 1-1431 of labor standards
Districtof
incur Columbia
nco p
Code) .
Model Secondary School for the Deaf
55 . Act ( sec .
89 694 , but not in the united fates
4 , 80 Stat. 1027 , Pub . L .
Code ) .
56 . Delaware RjVeradered a Compact
statute e l
for purposes
Stat. 714 , Pub . L . 87-328 ) ( cons
of the plan but not in the United States Code ) .
[FR Doc . 86-7726 Filed 4-8-86 ; 8 :45 am3
TITLE 40 USC - SECTIONS 327 - 330
PUBLIC LAM 87-581
AN ACT
establish standards for hours of work and overtime
To mechanics employed on work done under
pay of laborers and
r , or with the financial aid of ,
ff Cthe united olumbia , and tfor
contract territory , or for the
for any
other purposes . the Senate and House of
Be it enacted by
Representatives of the United States of Amer��WorknHours rand
this Act may be cited as the
assembled. that " and title I may be cited as the "Contract
Safety Act of 1962 Standards Act" .
Work Hours and Safety
TITLE I - CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT
As used herein. the term "Secretary"
SEC . 101 . of Labor . United States Department of
means the • Secretary
Labor .
Notwithstanding any other provisionary
SEC. 102. (a) laborer and mechanic employed by
law. the wages of every -
contractor or subcontractor i n his s ederi or section 103 shall and
contract of the character sDe of eight hours a
computed on the basis of a sthourstl andkwork in excess of such t to the
a standard workweek of forty
standard workday or workweek shall be permitted suDnewhich any
s o
provisions of this section. such wages shat
such laborer or mechanic is so employed• e in excess of
rate not less than one and one-half
include compensation. at a for all hours worked hours in
times the basic rate of pay .
eight hours in any
calendar day or in excess of forty
the workweek . as the case may be .
(b)
The following provisions shat ' sectiono103tand
of every contract of the character specified in territory . Or the
of any obligation of the
United on ttherewi the
District of Columbia in c o
(1) No contractor rk which tmay torequire
tracting for any part of the contract work
laborers or mechanics shall
or involve the emplojaborer for mechanic . in any
require or permit any work . to work in excess of eight
is employed on such forty hours in
which he or in excess of
hours in any such calendar day provisions of this
such
workweek except in accordance with the
Act; and ( 2 ) In the event of violation of the
of paragraph ( 1 ) . the contractor and any
provisions to such
responsible therefor shall
shall• in addition .
subcontractorp for his unpaid
affected employee United States ( or , in the case of work done
be liable to the
contract for the District toor )Columbia qui dated territory ,
damages as
under to such tern Y
S District or Such liquidated damages sasllabe
aborerLeor
provided thereto• each individual employed
w ith respect rovisions of this Act. in the sum
mechanic in v� olaticalendary day on which such individual was
Of $10 for each to work in excess of eight hours or in
required or permitted hours without payment of
excess of standard worksheet of forty The governmental
wages re4uired by this Act. which
the overtime which the contract work is done or by
agency for work is provided may withhold, or
financial assistance for the rovisions of section 104a
cause to be withheld, subject to the P administratively
m an moneys payable °n account u Boas may performed by
from Y rovided.
contractor or subcontractor . such
De determined to be liquidated damages as herein P shall apply -
SEC . 103 . (a) The provisions of this Act m require
provided . to any contract which may
except as otherwise of laborers or mechanics or of on
or involve the employment territory .
public work of the United States. °fother contract which may if
District of Columbia . and to any
or i nvol ve the employment of the U�iteb rStates Hors any _
require or the
such contract is one ( 1 ) t thereof , any territory *
agency or instrumentality made for or on
District of Columbia is a party , or (agencyc or sinsturmentality
behalf of the Untied States, any or (3)
thereof . any territory . or the District of Columbia, by
which is a contract for work financed in whole or in part the
loans or grants from. or loan r guaranteed
instrumentality athereofy under
United States or any agency
for
any statute of the United State o of sects ona 102 shall
such work : Provided. that the provisions
not .apply to work where the it i asa set forth aboveiisdonlyten
or any agency or instrumental y
Except as •
that nature of a loan guaranthe •provisions onsaofe the Act shall
otherwise expressly provided, watchmen and
apply to all laborers and O c tractor nics -or nsubcontractor in the
an
guards . employed by y C
any part of the worK contemplated by such
performance of Act . laborers and mechanics
and for. purposes of this
contract. workmen performing services in connection with
include in any river or harbor of the
shall rock excavation of of the District of
dred9in9states or of any territory employee
employed as a
United include any
Columbia , but shall not
seaman . 1 to contracts for
This Act shall not apply
(b ) b land . air . or water .
chase 'of rsupplies or materials
transportation y or for the purchas
of intelligence . available in the open market. This Act
or articles Ordinarilfes )ect to any work required to be done in
1 with Walsh-Healey
shall not apply the provision U . S .C . 35-45 ) •
accordance 49 Stat. 2036 ;
Contracts Act
ed as
104 . 1a) Any officer or person ontract esignatof the
work to
SEC • be performed under any c
inspector of the in section 103 , or to aid in the
character specified
or fulfillment thereof
the 1proper officer observation
the
enforcement forthwith report or Possession, or of the
investigation . of any territory provisions of this
united Statesf all violations s the p together with
District of CO' umbia • erformance of suchwwork,as required or
Act occurring in the P
the name of each laborer or mechanic rovisions and the day
permitted to work in violation of such P aid wages and Act shall
or days of such violation. The amount of unp
owing under the provisions orhperson whose
liquidated damages determined and the of by the United
be adminisZrativelyrove the payment of money of Columbia in
duty it is to approve or the District work shall
states . the territory , withheld for_
connection with the performance of the contract
terra tor_y . or
e
direct the amount of such iUnited States .e said such unpaid wages the the use and
benefit
said District. and shall direct
and the amount
t of the laborers the
to the withheld for require
mechanics who were not compensated as directly to
this Act. The Comptroller deter pay f the United
provisions of authorized and directs
States is hereby from the sums withheld on account
such laborers and mechanics•the respective amounts ithheldstare
of underpayments of wages. if the funds
tively determined to De duet of such amounts .
adequate . and, if not, an equitable proportion under
(b) If
the accrued payments withheld
mechanics with respect to whom there ish Act. such laborers an
mocha of the
the wages required Pursuant to of action and/or of inter-
mechanics shall . in the case r� hts department or agency red by
Federal Governmentq have the 9
vent
ion against the contractor and his sureties confer
and in such
law upon persons furnishing labor or material s - laborers and
proceedings 1t shall be no defense that such
accepted or agreed to accept less than the required
mechanics made refunds .
rate of wages or voluntarily
( c ) Any
contractor or subcontractor
withholding of a sum as liquidated damages as
the
aggrieved by ll have the right . within sixty days
provided in this Act sha head of the agency of the Unitea
thereafter . to appeal to the or
States or of the territory for which the contract work is done
or by
which financial assistance hDictrOfhCol Columbia in pthel case of
to the Commissioners of the
damages with
for the use and benefit of said
liquidated Such agency head or Commissioners . as the case may
District. have authority to review the administrative
De • shall liquidated damages and to issue a final order
determination of i f it is found that the sum
affirming such determination : or , inadvertently
determined is incorrect or that the contractor Actor subcontractor
violated the provision
notwithstanding the exercise of due be emade hto thet and Secretary
of his agents . recommendations may
that an appropriate adjustment subcontractor be damages be
t contractor or
or that the The Secretary shall
liability for such liquidated damages .
review all pertinent facts in the matte as t affirm or reject be
investigations as he deems necessary
the recommendation. the decision of the Secretary cractorl or
final . In all such cases in which final order for the
subcontractor may be aggrieved by rovided.
withholding of l i qui dated damages as wi thi nns�xty days after
such contractor or subcontractor maY • head. the
such final order . file a claim in the Court of Claims: -
Provided , however . That final orders of the agency as
Commissioners of the District O conclusive with mis orpect to findings of
the case may be , shall be supported by substantial evidence .
fact if such findings are suDD
(d) Reorganization Plan Numbered 14 of 1950
; 7 ) shall b
64 Stat. 126e applicable with respect
( 15 F .R . 3175
to the provisions of this Act, . 948 c 54 nStat{ 1236, 63f5tate
13 . 1934 . as amended (48 Stat. 48, 5 with respect to those
108; 40 U.S.C. 276c) . shall be applicable are
contractors and subcontractors refenL acts subject who
to the
c performance
of co
engaged in the D .
provisions of this Act. '
The Secretary may provide such
SEC . 105 . make such rules and regulations
reasonable limitations and may find
allowing reasonable variationsol tolerances .Act as he exemptions to
and from any or all provisions revert
necessary and proper in the public interest to p
injustice or undue hardship
or to avoid serious impairment of
the conduct of Government business 'ctor or subcontractor whose
Any contra laborer or
SEC . 106 . direct. or control any
it shall be to , work contemplated
duty t o ed to
n employ ,
Performance of any who shall
mechanic eo Y to which this Act applies .
contract rovisions of this Act , shall be
by any violate any P
intentionally misdemeanor ,
and for each and every such
guilty of a be punished by a fine of not to
deemed 9 on conviction ,
offense shallot by imprisonment for not more than six months -
exceed
$1 .000 fine and imprisonment, in the discretion of the
or by both such thereof .
court having jurisdiction
shall be a condition of each
SEG. 107 . (a ) it islation 1950 (64
is entered into under leg
contract which for construction . alteration , and/or
Stat . 1267 ) . and is and decorating . that no contractor
repair . including painting for any part of the contract work
or subcontractor contracting laborer or mechanic employed of in
under
shall require the contract to work in surrounding or
performance of
which are unsanitary . hazardous .
working conditions as deteraLedd bynthe
dangerous to his health or safety . promulgated
and health standards P ursuant to
construction safety proceedings D
Secretary by regulation based on P rovided that Said
section 553 of title a S . ring United States tthes nature authorize Secretary by sha1d
proceedings include such standards , the S
section. In formulating Committee created by subsecticn. (e) -
consult with the Advisory is authorized to make
(b) The Secretary issue such orders . and
hold such hearings• as are deemed
such inspections , health
make such decisions based i nce findings
s oSeCt=on and tary under
necessary to gain c P promulgated by the Sec and the
and safety standard P u oses the Secretary
subsection (a) .
and for such P P and
United States district courts es 41 a have f then Act f June
provided by sectio
jurisdiction p In the event that the Secretary
30 . 1936 . (41 U .S.C. 38. 39) - rovisions of this
hearing by the
of Labor deter mnnosPortunity for an adjudicatoLy a described in
section after a D Act. the
Secretary of any condition sectionnt103(a)f of type
done shall
clause (1) or
agency which the contract Mork
governmental ag �n any •
have
the right to cancel the contracontracttworktecharg� other
contracts for the completion of the after an
In the event Of
additional cost to the original contractor . of any
noncompliance . as determined by the Secretary .
for an adjudictory hearing by
opportunity a described in clause (3) of
condition of a contract of a type
the governmental agency by which financial
section 103 ( a ) , insurance for the contract work is
guarantee , assistance , or ht to withhold any such assistance
provided shall have the rig Section 104 the
attributable to perf of tnis section .
of this Act shall
( c ) the United States courts
e shown , in any by
have jurisdiction for cause
to enforce compliance witthe Secretary under
the Secretary , romulgated by
safety and health standard D
subsection (a ) • on
( d) 11 ) If the Secretary hearing determines by
ortunity for an agency 9 that
the record after an room negligent violations of this Act, a
repeated willful or grossly
contractor or subcontractor has l c are° not a effective to protect
sions of subsections (b ) his employees . the Secretary shall
the safety and health of
make a finding to tnat effect and shall . not sooner
the findings all interested
days after giving notice of
A
ersons . transmit the name of such contractor or subcontractor
to the Comptroller General .
(2 ) The Comptroller General shall of
distribute each name so transmitted tar taotherwi seall
recommends• no
the Government. Unless the Sec e Y
contract subject to thi s sec*i aia shall personwai in awarded which such until
contractor. or subcontractor o
contractor or subcontractor theadatesubstantial
the tname i s trans mitted
three years have elapsed f If . befare the end of such
to the Comptroller General . interested
three-year period. the Secretary . after affordin9s satisfied
persons due notice and opportunity for -hearing name tie has
that a contractor or subcontractor hew requirements of this
transmitted to the responsibility application of the preceeding
section . he shall terminate the app arson
sentence to such contracor°Tor subcontractor r has d a to any
in which the contractor of the
interest) : and when the Comptroller Geneaal iagenc�esedof the
Secretary ' s action he shall
Government thereof .
t3) Any person aggrieved by the
within
nder Secretary ' s action uecei v i ng • notices thereof . f i l eaYwi with the
sixty days after r for
appropriate United States A°cc of aL�ealpetationt, shall l be
review of such action. copy
forthwith transmitted by the clerk of the court to the th
in Secretary , . who shall thereupon file idedein °se tion 2112 record
upon which he based his action. as provided
United States Code . The findings of
fact by the
title 28 , if supported by substantial evidence . shall De
Secretary , power to make and enter a decree
final . The Court shall have
en
forcing , modifying , and . he�order of the 1Secretarysortthe
aside in whole or in part . The judgement of the court
appropriate Government agency the Supreme Court of the United
Shall be Subject. to review by provided in section
States upon certiorari nited States certification as
1254 of title 28 . shall establish
( 1 ) The Secretary Committee on
(e ) Advisory
in the Department of Labor an
Construction Safety ,and health ( hereinafter referred to as the
Coast consisting of nine members appointed .
"Advisory
Committee" ) the Secretary .
without regard to the civil service laws ,
by
Secretary shall appoint one such member as Chairman. Three
The S sory Committee shall be persons
Advi
members of the whom this section applies .
representative of contractors Lo resentative of employees
three members shall be persons rep
in the building trades and construction industry
primarily in out contracts to which this section
engaged in carrying representatives who shall be selected
applies . and three public and technical competence and
on the basis of their P field.
experience in the construction health and safety Committee shall
(2 ) The Advisory
advise the Secretary in the formulation of construction safety
and health standards and
other regulations ,m rati on and with�thi sesecti on.
policy . matters arising in t and technical
The Secretary may appoint such special advisto carry out the
experts or consultants as necessary
Committee
functions of the Advisory Advisory
(3) Members of the
Committee shall . while serving On tccopensation the
Committee . be entitled to receive 6100 per day . including
by the Secretary . but not exceeding from their homes or
away
traveltime : and while so s$ . tthey may be allowed travel
regular places of business .
expenses , including per diem in lieu of subsistence . as
authorized by section 5703 of service United States
for persons in the Government
(f ) The Secretary shall provide for the
establishment and supervision of programs for the education and
training
of employers and employees in the recognition.
avoidance . and prevention of unsafe working conditions in collect such and
employments covered by the Act. and to employers as top the sbest
data and to consult with and advise
means of preventing injuries .
Approved August 13. 1962
Amended August 9 . 1969
ate of California Department of Ir�ustrial Standards
St Division of Apprenticeship
EXCERPTS FROApPRENTICES0ONIPUBLBICRWORDKS
RELATING TO
Chapter 1 of Division 2
APPRENTICES ON PUBLIC WORKS
1773 . 3
An awarding agency whose public works contract
falls within the jurisdi ti
ccno of Section
oftheo 7 shall , within
award to theDivsionof
days of the award , send a When specifically requested by a
Apprenticeship Standards . al notify
local joint apprenticeship Cohm' ttc mm tt a t regarding Allsuch
the local joint apprenticeship apprenticeship committee making
awards applicable to the joint
the request. Wi thi n five days of a finding of any discrepancy
awards
the ratio of apprentices to journeymen+
regarding apprentices to journeymen , the
the certified fixed number of the Division of Apprenticeship
awarding agency shall notify
Standards . Scats . 1976. Ch. 1249 . )
(Added by
1776 . (a) Each contractor and subcontractoressalsocea
an accurate a ro record . s own t o name . a
securit number . work c ass> > cation stray ht time and iiiill
overtime OYrs worked eaC day an wee rentlCe a woruer Or _
diem wa es aid to eac ourne man.
other em o ee em o e him or her in connection with the
pup iC work .
The payroll records enumerated under
(b )
subdivision (a) shall be Certifi atdt�ea p�incipal available
officefor
of
inspection at all reasonable hours
the contractor on the following basis:
(1) A certified copy of an employee ' s
payroll record shall be mad his or authoritedprepresent'
furnished to such employ ee or
ative on request. •
(2) A certified copy of all payroll
records enumerated in subdivision t la representativebof
for inspection or furnished upon o
the body awarding the contract. The Division of Labor Standards
Enforcement and the Division of Apprenticeship Standards of the
Department of Industrial Relations of all payroll
A certified copy
records enumerated in subdivision ( a ) shall De made available
to the public for inspection or copies thereof be
upon request that a request by the public shallthe
made . provided , however , awarding the contract ,
made through either the body
' i ion of Apprenticeship , or the Division of Labor
Div s The public shall not be given access to
Standards Enforc menpfinc . al office of the contractor .
such records at
( c ) inch contractor shall file a certified
b
co c: the rezores enumerated s1within division l
�Y
10 days after receipt
entity that reaues:eC S4cn re
of a written request.
) records made available for
Any COPy of
�y ' es ant furnished shed upon request e°Divies public l cs
. :.s _ECt :' as. cag�ncy oy the awarding body .
cr a-Y �...b ' ' - g or the Division of Gabor Star.dares
A.»ren.t� cesn i Star.�a-cs a manner as
:nforcemen- snL Le aor.cf oanr individual ' s in
namech address and
tc r�ever.: c'. sc . csc:re o
,L;=zer . '^e rare and
thedcontrtcLt shall ntnot be
szc i a: s"`'r ' `� erformi ng
awarce: :re cor.t'ac: or 'r
market or oal i terateo .
(E) The contractor sr-Al
inform the :,ody
awarci :.g the contract of the location of the records enumerate:
.:nLC- SuDcivislon (a � . incfiven workeingtdays . address .
provide acity
notice
cour.ty . ano shall . within _
of a change of location and address .
In the event of noncompliance; i ante with ti.=•
( f ) `
r�quir=cents of this section. the contractor shall have : Gay_
in which to comply subsequent to receipt c . written new !%
specifying ir. what respects such ecSLillcberevident after scc^
this section . Should non complia
10-nay D ii rade
eriod . the contractor shall . as a penalty to the state
or political subdivision on whose dsollarsl(S25) for each calendar
or awarded . forfeit twenty-five
thereof for each worker . until strict
day . or D ortioa . Upon the request of the Division Zs
compliance is effectuated .
Apprenticeship Standards or t Divisir+ithheld Labor
from Sprogress
Enforcement. such penalties shall
payments then due .
(g ) The body awarding the contract shall case
to be in serted in the contract s11pf;Xt the responsibility for
section . Such stipulations shall rime contractor .
compliance with this section on the p
adopt rules
( h ) The director shall Act . ( Ch .rules
consistent with the Cal ifornior Div . 7 , RTitlesI , Gov . C . ) and
( commencing with Sec . 6250 ) .
Civ . C . ) governing
i the release
the Information Practices Act Of 1977 , (Title 1 . 8 ( commencing
with Sec . 1798 ) n 4 . Div .
Of such records . including the establishment of reasonable fees
o for reproducing copies of records required by
to be charged
this section . Stats . 1978 , Ch . 1249 . )
( Added by
1177 .5 , Nothing in this chapter shall upon public
employment of p roperty registered app rentices
works .
Ever such a rentice shall be aid the standard wage IM the craft or trace
aid to a rent� ces under the re u belems o ed on at the work
at which he is em o ed . and sha
O the cra t or trade to
which he is re � stered .
Only apprentirenticesh p defined in written apprene
in training under apA with Section 3070 ) .
tice agreements under Chapter 4 ( commencing each apprentice
Division 3 . of the Labor Code . and training e of ebe employed on
public works . The employment with the provisions of the
shall be in accordance rentice agreements under which
apprenticeship standards and app
he is training .
When the contractor to bah vmi s� on . oran contract subcontractor
the state or an o � t� ca
_Au
in er orm� n an o the wor under the contract or
under him. workmen � n an a renticeab a cra t or
subcontract, em o s a to the
trade . the contractor and subcontractor s a rent, eshi
oint a rent� ceshi committee a minister� n thethe site o the
standards o the cra t or trade in the area the contractor or
u 1C work or a certi Kate a pr the
subcontractor under the a h,� n thenareasor industr
em o went ana tra�n� n o apprentices that t e approva as estab shed
affected : provideds however .
by the point apprenticeship committee or committees trator of App renticeship .
subject to the approval of the Adminis
The joint apprenticeship committee r committees , actorqueshall
approving the subject coat
ch of a
arrange for the dispatpprentices to the contractor or
with this section. There
subcontractor in order to comply apprenticeship
the apprenticeship '
shall be an affirmative duty upon the joint
committee or committees administering e of the
a of the standards of the craft or trade in the are affirmative action
public work to ensure equal employment
Contractors or
for women and minorities . individual
in apprenticeship be required to subm, t i ntiioua l
subcontractors shall alapproval to local joint by
covered the local
applications rovided they are already a rentices to
committees D The ratio of
apprenticeship stand To ed � n the cra t or trade on the
who 5 renticesht
hall De em sty u aced In the a
ourne men ma be the ratio committee
uo Ic work the oint a rent� cesh�11 wnIctn the ratio be ess than one
standards unde^ no :ase sna as otherwise
o erates but or each
ive ourne men , exce t
a rentIce section •
rovIded in tn' s
or subcontractor . if he is covered by
She contractor approval certificate , or
upon the issuance of the
this section . approved in such craft or trade .
reviou' of apprentices or the ratio of
if he has
been number in the apprenticeship
shall employ journeymen stipulated
apprentices to � showing by the contractor that he
upon Groper
standards . � n such craft or tea cf � nothlessatthan one
employs apprentices Division of
of his contracts on anfiveualjourneymen . the
apprentice to
each rant a certificate exempting the
Apprenticeship Standards maY g
from the 1-to-5 ratio as set forth in this several
contractor na11 not a 1 to contracts
This Section S
than t in thousand do dollars
� nvo vin ess o s ecia t
contractors worKtn da s or to contractenera or rime
or or wor t rou a
contractors not bidden ars
contractor . invo vin ess than two thousand do
or ewer than ive working days - as
used
App
renticeable craft or trade*. determined�nasthan
craft or trade rules and
section . shall mean a with
apprenticeable occupation in accordance Council . The joint
pre by the Appenticeship rant a
regulations p approval of the
apprenticeship committee shall have the discretion to
certificate . which shall be subject to exempting a aContractor from
Administrator of Apprenticeship .
the 1
-to-5 rati o set forth in this section when i t finds that
any one of the following conditions s for the
(a) In the event unemployment
previous three month period in such area exceeds an average of
15 percent. or rentices
(b ) In f event rati o of 1- -69 to orp •
the number
in or in such area exc eeds a
re is a showing that the
If there is replacing at least
apprenticeable craft or trade apprenticeship
one thirtieth of its jour or (2) on a local
journeyman basis .eyman annually through
training , either ( 1) on
basis .
If assignment of an apprentice to any
( d ) would create a
work performed under a Dub�diczewhiss life or the life . safety .
condition which would jeopa
of fellow employees or the public at large or it
or proper Y apprentice is to be assigned is task the specifac natureo that htraIniin9 cannot be provided by a
of such
journeyman .
on
When such exemptions are
granted to an
trade9fr m tthe
contractors in the member
which represents c
-5 ratio . on a local or statewide basis
1-to l not be required to submit individual
will to local joint apprenticeship
applications for approval they are already covered by the local
committees . provided standards .
apprenticeship or an
A contractor to whom the Contract is awarded ,
him. who . � n er ormin an o the work
subcontractor under ourne men or apprentices in an
under the contract. em o s
a rentl CeaD a Cra t Or trade and who 15 not COT1tri bull n sh a
and or unds to administer and conduct the ant� ceshi
,roc ram � n an such cralChoru �aof undseother contractors �n
the nub iC work . to wh Ill-11
the area o the site o the ub is work are Contr�Dut� n s a
contriDUte to the and or undsnticesconcthet uD. ica_work'ninhthe.
ne em o s ourne men or a re
same amount or u on the same bas uL a where t t esa trust neruns
the other contractors unds contractors nit
administrators are unat a to acce t suc a a i e amount to the
sI nator to the trust a reemeouncla . a Contractor or
CA i ornia rent� ceshi
su contractor may a t e amount of such Division of nLabor
computing his bid for the contract. Payment of
Standards Enforcement the fundoorZfunds as enforce set forth in Section
such contributions to
227 .
The body awarding the contract shall cause to be
inserted in the contract sshallafix then responsibility this
of
section. Such st- ulations renticeable occupations
compliance with this section for all app
with the prime contractor .
All decisions of the oLc t the apprenticeship
seonsp of committee
Secti on
under this section are subject •
3081 .
(Amended by Slats . 1976. Ch. 1179 .
1777 . 6 . It shall be unlawful for an employer or a
labor union to refuse to accept public orksuaonfthe ground of
as registered apprentices on any p
religious creed . color . national origin , ancestry .
the race . rovided in Section 3077 , of such
sex . or age , except as P
employee .(Amended by Stats . 1976 . Ch . 1179 . )
Sec . 1777 • 7 • ( a he 1 rovhsi ons event of Section ct177 willfully 6 suc
fails to comply with t D
contractor shall :
( 1 ) Be denied the right to bid on any
public works contract for a period of one year from the date
the determination of noncompliance is made by the Administrator
of Apprenticeship ; and
(2 ) Forfeit as a civil penalty in the sum
of fifty dollars a provisions c of Section 172 noncompliance .
7 , uponre
receipt of
Notwithstanding the p
such a dtermiss payments is thenddue oroto become due withhold
uch sum.
contract progress paY
h determination shall be issued after a
(b ) Any suc
a fair and impartial hearing , and
full investigation.
reasonable notice thereof in accordance with reasonable
and procedures prescribed by the California App
Council .
(c) Any funds withheld by the awarding body
pursuant to this section shall estate enti ty .e or ni n the
theeequa-val ent
if the awarding body i s
fund of an awarding body is an entity other than the state .
The interpretation and enforcement
rules end procedures
and 1777 .7 shall be in accordance
of the C(AmendedabypStats . 1978. Ch. 1249 . )
EQUAL EMPLOYMENT OPPORTUNITY
EXECBYIEXECUTIVEl A AMENDED
ORDER 11375
Under and by
virtue of the authority vested in me as
President of the United States , it is ordered as follows :
PART I - NONDISCRIMINATION IN GOVERNMENT EMPLOYMENT
PART II - 11ONDISCRlKIKATI0N IN EMPLOYMENT BY GOVERNMENT
CONTRACTORS AND SUBCONTRACTORS
Subpart A - Duties of the Secretary of Labor
SEC . 201 , The Secretary of Labor shall be responsible
for the administration of parts
onsnandlissue such ordersaas
shall adopt such ruleandndappropriate to achieve the purposes
he deems necessary
thereof .
Subpart B - Contractors ' Agreements
SEC. 202. Except in contracts exempted in accordance
with section 204 of this order ,Government cont actohereafter
agencies shall include erovisions •
entered into the following provisions :
During the performance of this _contract, the contractor
agrees as follows:
(1 ) The contractor will not dis-
criminate aganst any employee or applicant for
employment because of race . color. religion .
sex, or national origin. The contractor will
take affirmative action to ensure that
applicants are employed, and that employees are
treated during employment, without regard to
their race. color. religion. sex. or national
origin. Such action shall include. but not be
limited to the following: employment. upgrad
ing . demotion. or transfer; recruitment or •
recruitment advertising; layoff or termination;
rates of pay or other forms .of compensation;
and selection for training * including
apprenticeship . The contractor agrees to post
in conspicuous places, available to employees
and applicants for employment, notices to be
provided by the contracting officer setting
forth the provisions of this nondiscrimination
clause .
The contractor will in all
( 2 ) for employees
solicitations or advertisements
placed by or on be of the contractor .will state
receive
that all qualified applicants
consideration for employment without regard to
ion , sex or national origin .
race , color , relig
( 3 ) The contractor will send to
labor union or representative of workers
each h has a collecti e bargaining
v
with which
agreement or other contract or by t eanda9ency
to be provided
notice . officer , advising the labor union
contracting representative of the contractor ' s
or workers '
under section 202 of Executive
commitments 11246 of September 24 . 1965 . and
Order N0 . copies of the notice in conspicuous
shall post coP and app
places available to employees
for employment'
(4 )
The contractor will comply with
all provisions of 5 ,Executive fOrder he rules ,11246 regu-
September 24 . 1965 •
lations . and relevant orders of the Secretary
of Labor .
(5 ) The contract will furnish all
information and report require
24d 1965 Ex. by
Order NO . 11248 lat Sons. and orders of the
the rules . ursuant thereto . and
Secretary of Labor . or p records. and
will permit access to his books and and the _
accounts by the contracting purposes of
Secretary of Labor compliances with
to investigetio'egulationsrtand orders.
such ruls.
the
event of
(6) In the with the
contractor ' s noncompliance
nondiscrimination class regul ati ons. or orders•
with any of such rube canceled. terminated. or
this contract may the
suspended in whole declared ineligible . for
contractor may
further Governmencontracts xecutiver Order wNo . •
procedures
11246 of September 2 ands remedies cinvolved
sanctions may be imposed
as provided in Executive Order regulation ,NO - 2 or
September 24 , 1965 , or by
order of the Secretary of Labor , or as
otherwise provided by law .
( 7 ) The contractor will include the
provisions of paragraphs ( 1 ) through ( 7 ) in
every subcontract es . purchase
or orders unless
exempted by ordersof
the Secretary of Labor issued pursuant to
section 204 of Executive Order No . 11246 of
September 24 , 1965 , so that such provisions
will be binding upon each subcontractor or
vendor . The contractor will take such action
with respect to any subcontract y or purchase as
order as the contracting agency
means of enforcing such provisions including
sanctions for noncompliance : Provided , however ,
That in the event the contractor becomes
involved in , or threatened with , litigation
with a subcontractor or vendor as a result of
such direction by the contracting agency , the
contractor may request the United States to
enter into such litigation to protect the
interests of the United States .
SEC . 203. (a) Each contractor having a contract
containing the provisions prescribed in section 202 shall file.
and shall cause each of his subcontractors -to file , compliance
reports with the contracting agency or the Secretary of Labor
as may be directed. Compliance reports shall be filed within
such Limes and shall contain such information as to the
oployment policies ,
practices . policies , programs , and e _
programs , and employment tie in such form, as the each
subcontractor . and shall
Labor may prescribe.
(b) Bidders or prospective contractors
subcontractors may be required to state whether they have
participated in r any previous
contract and in
of this order , o y preceding
that event to submit, on behalf of themselves and their
proposed subcontractors , compliance reports prior to or as an
initial part of their bid or negotiation . of a contract.
(c ) Whenever the contractor or •
subcontractor has a collective bargaining agreement or other
contract or understanding with a labor union an agency
referring workers or providing or supervising app renti
training for such workers , the compliance report shall include
such information as to such labor union ' s or agency practices
and policies affecting compliance as the Secretary
of Labor may
prescribe : Provided , That to the extent such information is
within the exclusive possession of a labor unio c a naency
referring workers or providing or supervising apprenticeship or
training and such labor union or agency shall refuse to furnish
such information to the cona9encyr 'asthe
part contractor
co compliance shall
to certify to the Contracting
report and shall set forth what efforts he has made to obtain
such information .
( d ) The contracting agency or the Secretary
Of Labor may direct that any bidder or prospective contractor
or subcontractor shnlMriting .submit,
signed by an of his
report. a statement labor union or agency referring
or agent on behalf of any apprenticeship or other
workers or providing or supervising app
training . with which the bidder or prospective contractor
deals . with supporting information , to the effect that the
signer ' s practices and policies do not discriminate on the and
grounds of race , coloherr�il9� oaffirmat affirmatively cooperate. in the
that the signer eit and provisions of this order or
implementation of the policy
that it consents and agrees Ofh employment ment. mpthe mproposed
the terms and conditions
contract shall be i I� with unionseor the
provisions of the order .
agency , shall refuse to execute such a . statement, the
efforts
compliance report shall certify
statementset
andrsuchhadditional
have been made to secure such a ency or the Secretary of
factual material as the contracting ag -
Labor may require.
SEC . 204 . The Secretary of Labor may . when he deems
that special circumstances i in the
ron the national
requi cement interest of of ncludi ng
exempt a contracting agency in
any or all of the provisions subcontract, purchaset order. The
any specific co exempt
Secretary of Labor may. by rule or regulation, also
certain classes of is° toa De nor" has been sperformedhoutsideethe
( 1 ) whenever work
United States and States i recruitment
involved;ved:o (2 )o for of the United standard commercial
supplies or raw materials : (3) involving less than specified .
amounts of money or Dive fsubco tracts below ea sspecifiedttiere
extent that they in
The Secretary of Labor may also provide. by rule. regulation.
or order , for the exemption of facilities of a contractor which
are in all respects separate hand distinct rncef of activities Of contract;
the contractor related to t p
Provided , That such an exemption will not interfere with or
ordr An
impede the effectuation That n the the
absencep ofeSSUCh an lexempte on aldl
provide further . the provisions of this order .
facilities shall be covered by
Subpart C - Powers and Duties of the Secretary
of Labor and the Contracting Agencies
SEC . 205 .
Each contracting whthl primaril
responsible for obtaining
regulations . and orders of the Secretary oor abts contractorsor with
to contracts entered into by such agency
All contracting agencies shall comply with the rules of the
Secretary of labor in discharging their primary responsibility
for securing compliance with the provisions of contracts and
otherwise with the terms of this order and of the rules .
regulations , and orders of the Secretary of Labor issued
pursuant to this order . They are directed to cooperate with
the Secretary of Labor and to furnish the Secretary of Labor
such information and assistance as he may teQ7hey aretfurther
formance of his functions under this order.
directed to appoint or designate . from among the agency ' s
personnel , compliance officers . It shall be the duty of such
officers to seek onciliatione mediation. or persua ;o�his order
by conference,
SEC. 206. (a ) The Secretary of Labor may investigate
the employment practices of any Government contractor or
subcontractor , or initiate such investigation by the _
appropriate contracting agency , to determine whether or not
the contractural provisions specified in section 202 of this
order have been violated. Such investigation shall be
conducted in accordance with the procedures established by the
Secretary of Labor and the investigating agency shall report to
the Secretary of Labor any action taken or recommended.
(b) The Secretary of Labor may receive and
investigate or cause to be investigated complaints by employees
or prospective employees of a Government contractor or
subcontractor which allege discrimination contrary to the
contractual provisions. specified in section 202 of this order .
If this investigation is concluded for the Secretary of Labor
by a contracting aagency s lm
Secretary what action on hs been taken or is recommended with
regard to such complaints.
SEC . 207 . The Secretary of Labor shall use his best
efforts . directly and through contracting agencies , other
interested Federal , State . and local agencies , contr�ctors , and
all other available instrumentalities to cause any
engaged in work under Government contracts o �y agency
referring workers or providing or supervising apprenticeship or
training for or in the course of such work to cooperate in the
implementation of the purposes of this order . The Secretary of
Labor shall . -in appropriate cases . notify the Equal Opportunity
Commission , the Department of justice , or other appropriate
Federal agencies whenever it has reason to believe that the
practices of any such labor organization or agency violate
Titles VI or Vllflawthe Civil Rights Act of 1964 or other
provision of Federal
SEC . 208 . (a ) The Secretary of Labor . or any agency ,
officer , or employee in the executive branch of the Government
designated by rule. regulation . or order of the Secretary. may
blic or private. a.s the - Secretary may
hold such hearings . pu
deem advisable for compliance , enforcement, or educational
purposes . (b ) The Secretary of Labor may hold, or
cause to be held . hearings in accordance with subsection (a) of
this section prior to imposing . ordering , or recommending the
imposition of penalties and sanctions under this order. No
order for debarment of any contractor from further Government
contracts the under
contractor an 2opp Opportunity tys for a hearmngt without
affording
Subpart 0 — Sanctions and Penalties
SEC . 209 . (a) In accordance with such rules .
regulations, or orders as the Secretary of Labor may issue or
adopt, the Secretary or the appropriate contracting agency may :
(1) Publish. or cause to be it has
published. the names of contractors or unions which ith the
concluded have complied or have failed to comply
provisions of this order or of the rules . regulations. and
orders of the Secretary of Labor .
(2) Recommend to the Department of
Justice that. in cases in which there is substantial or
material violation or the threat of substantial or material
violation of the contractual provisions set forth in section
202 of this order. appropriate proceedings be brought to
enforce those provisions. including the enjoining , within the
individuals .
limitations of applicable law . of organ 9andirelctly�. or seek to
or groups who prevent directly rovisions
prevent directly or indire ctly . compliance with the p
of this order .
Recommend to the Equal
( 3 )
Employment Opportunity CommissDeoni or the ed punder nT i tl a JVII 1 of
that appropriate proceeding s
the Civil Rights Act of 1964 •
(4 ) Recommend to the Department of
proceedings be broug
information ormati on ht for the furnishing
Justice that criminal P to any contracting agency or to the
of false
Secretary of Labor as the case may be .
( 5 ) Cancel , terminate . suspend , or
elled, terminated , or suspended any contract,
cause to be canc
or any portion or portions thereof , for failure of the
subcontractor to comply with the
contractor or rovisions of the contract. Contracts may be
nondiscrimination p or continuance
cancelled . terminated . conditionedeuponsoaupr gram for future
of contracts roved by the contracting agency .
compliance app
(6 ) Provide that any contracting
agency shall refrain from entering into further contracts , or
extensions or other modifications of existing. contracts , with
noncomplying contractor, until such contractor has
any of Labor that such contractor has
satisfied the Secretary out personnel and employment
established and will carry
policies in compliance with the provisions of this order .
(p) Under rules and regulations prescribed
by the Secretary of Labor, each cont a ency shall make racting 9
reasonable efforts within a tract°nrovisionseOflthisaorder by
secure compliance with the Con. 0 asion
methods of conference. cones institutedeundero subsection (a) (2)
before proceedings shall b
of this section, or before a contract shall be cancelled or of this
terminated in whole or part under comply
section for failure of a co ntractor or
with the contract provisions of this order .
SEC . 210 . Any contracting agency taking any action
authorized by this subpart, whether on its own motion .
or as
directed by
the Secretary of Labor. or under thenotify the '
regulations of the Secretary . shall promptly of Labor
Secretary of such action.n under this section,ection, S Secretary
shall promptly
makes a determinatio
notify the appropri te contracting tak agency t action
e such action and shall
recommended. The agency shall
report the results thereof to the Secretary of Labor within
such time as the Secretary shall specify .
SEC . 211 . , If the Secretary shall so direct ,
contract-
ing agencies shall 1 not enunl ess to the bidder dder with
or anProspective
prospective contractor complied with the provisions of
contractor has satisfactorily complied
for compliance acceptable to
this order or ofbLaboraor , if the Secretary so authorizes , to
the Secretary agency .
the contracting a 9
SEC . 212 . Whenever a contracting agency cancels or
contract , or whenever a contractor has been
terminates a under section
debarred from further Gov�rnmeetwithntheccontract provisions
209(a) (6) because of noncompliance of Labor , or
with regard to nondiscrimination , the Secretary
the contracting agency involved , shall promptly notify the
Comptroller General of the United States . Any such debarment
may be rescinded DY
the Secretary of Labor or by the
contracting agency which imposed the sanction.
Subpart E — Certificates of Merit
SEC. 213 .
The Secretary of Labor may provide for
issuance of a U .S. r°othere agencies f which are merit tmay hereafter
or labor unions , o
be engaged in work under Government
employment practicescoftthe
is satisfied that the p
employer . or that the personnel . training' enticeship,
and other
membership , grievance and representation, upgrading ,appr
practices and P°rinses and provisions ofnthis order her agency _
conform to the pu p
SEC . 214 . Any certificate merit labor ai f athetime
fiol der
suspended or revoked by the Secretary has failed to
thereof , in the judgement of the Secretary .
comply with the provisions of this order .
SEC . 215. The Secretary of Labor may provide for the from
exemption of any emp1Oments imposed other agency this
any reporting require
order if such employer. labor union, or other agency has been
awarded a certificate of merit which has not been suspended or
revoked.
PART III - NONDISCRIMINATION PROVISIONS IN
FEDERALLY ASSISTED CONSTRUCTION CONTRACTS
SEC . 301 . Each executive department and agency which
involving Federal financial assistance
administers a program a condition for the approval of any grant .
shall require asinsurance . or guarantee thereunder . which may
contract , loan , applicant for Federal
involve a construction contract.
that the app
assistance undertake and agree to incorporate . or cause to be
incorporated , into all obtained nedt from the contracts
Fede paid
l dGovernment whole
or in part with funds obta
loan , insurance , or guarantee, or
borrowed on the credit of the Federal Government pursuant o
such grant, condertaken pursuant ntract, any Federal program involving such
u to
insurance . or guarantee . the provisions
grant. contract, loan . section 202 of this
prescribed for Government contracts by in substance the
order or such modification thereof ,
P roved by the
contractor ' s obligations thereunder , as may be app as
Secretary of Labor , together with such additional p
the Secretary deems appropriate to establish and protect the
interest of the United States
icant shalln also undertake those
d cooperate actively
obligations . Each such PP with the
agree : ( 1 ) to assist an
administering department or agency and the Secretary of Labor
in obtaining the compliance of contractors and subcontractors
with those contract provisions and with the r(2) tosobtaginlaand nto
and relevant orders of the Secretary; to the
furnish to the administering department or age��0ua�e for the
Secretary of Labor such information as they may and
supervision of such compliance ;such o cart Out imposed nsupon
penalties for violation _
contractors and subcortractoagency stpursuantttoypartLlI�rsubpart
administering department or into any
D . of this order; tcd thi this refrain from
enterin
on g or other
contract subject ed from
modification of such a ce'tri't 11 , subpartrD. of thisrorder.
Government contracts and p
SEC . 302 . (a) 'Construction Contract" as used in this
order means any contract r° repair the s Or buildings , highways ,rehabilitation,
conversion, extension , o
other improvements to real property .
(b) The provisions of part II of this order
shall apply to such construction contracts , and for purposes of
such application. the administering department or agency shall
be considered the contracting -agency referred to therein.
(c ) The term "applicant" as used in this
order means an applicant Federal
program assistance or ,
with respect to whom an
• determined by agency regulation .application for any grant, contract.
loan . insurance . or guarantee is not finally acted upon prior
to the effective date of this part , and it includes such an
applicant after he becomes a recipient of such Federal
assistance .
SEC . 303 ( a ) Each administering department and agency
shall be responsible for obtaining the compliance of such
applicants with their undertakings under this order . Each
administering department and agency is directed to cooperate
with the Secretary of Labor , and to furnish the Secretary such
information and assistance as he may require in the performance
of his functions under this order .
(b ) In the event an applicant fails and
refuses to comply with his undertakings , the administering
department or agency may take any or all of the following
actions : ( 1 ) cancel , terminate , or suspend in whole or in part
the agreement, contract, or other arrangement with such
applicant with respect to which the failure and refusal
ocurred ; (2 ) refrain from extending any further assistance to
the applicant under the program with respect to which the
failure or refusal occurred until satisfactory assurance of
future compliance has thee Department of justice applicant;
justice forappr appropriate
( 3) refer the
legal proceedings .
(c ) Any action with respect to an applicant
pursuant to subsection (b) shall be taken in conformity with
section 602 , of -the Civil Rights Act of 1964 (and the regula-
tions of the administering department or agency issued
thereunder) , to the extent applicable. In no case shall action
be taken with respect to an applicant pursuant to clause ( 1) or
(2) of subsection (b) without notice and opportunity for
hearing before the administering department-'or agency.
SEC . 304. Any executive department or agency which
imposes by rule. regulation, or order requirements of
nondiscrimination in employment. other than requirements
imposed pursuant to this order. may delegate to the Secretary
of Labor by agreement such responsibilities with respect to
compliance standards, reports, and procedures as would tend to
bring the administration of such requirements into conformity
with the administration of requirements imposed under this
order : Provided. That actions to effect compliance by
recipients of Federal financial assistance with requirements
imposed pursuant to Title VI of the Civil Rights Act of 1964
shall be taken in conformity with the procedures and limita-
tions prescribed in section 602 thereof and the regulations of
the administering department or agency issued thereunder.
PART IV - MISCELLANEOUS
SEC . 401 . The Secretary of Labor may delegate to any
officer . or employee in the executive branch of the Government ,
any function or dutytf du2h0e'iyta tounprcmulgateij rulesijland
this order . excep
regulations of a general nature .
SEC . 402 • The Secretary of Labor shall provide
administrative support for the execution of the program known
as the "Plans of Progress" •
SEC . 403 . ( a ) Executive Orders Nos . 10590 (Jan. 18 ,
0755 (Aug - 5 . 1957 ) . 10925 (Mar . 6 , 1961 ) . 11114 (June
1955 ) . 1
22 . 19607 and 11162 ( July 28 . 1964 ) , are hereby superceded
and the President' sui°��committee 10925misohereby0abolished•
established by Exec in the custody of the committee shall
All records and property
be transferred r to asta the Service Commission and the
Secretary of Labor ,
(D) Nothing in this order shall be deemed to .
relieve any person of any obligation superceded r by this order'
or pursuant to any executive order
designations. and
All rules , regulations . orders .he iPresidenit ns .Gommittee on Equal
other directives issued by
Employment Opportunity and those issued by the heads of various
f the
departments or agencies under or pursuant to to theoextent
executive orders superceded by this order, shall ,
that they are not inconsistent with this order, remain in full
force and effect unless and until revoked or superse ded by
rse
appropriate authority . References in such directives to-
provisions of he e superseded
pro isions shall
thiseorderped to be
references to t comparable
SEC . 404 . The General Services Administration shall
appropriate action to revise the standard Government contract
forms to accord f the of this
Labor.order and of the
rules and regu lations
SEC. 405 . This order shall become effective 30 days
after the date of this order.
LYNDON B . JOHNSON
THE WHITE HOUSE
September 24 , 1965
GENERAL DECISION CA980037 11/27/98 CA37
General Decision Number CA980037
Superseded General Decision No. CA970037
State: California
Construction Type:
BUILDING
DREDGING
HEAVY
HIGHWAY
County(ies) :
SAN BERNARDINO
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper
dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well
drilling) ; HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 02/13/1998
1 04/17/1998
2 07/10/1998
3 09/25/1998
4 10/09/1998
5 10/23/1998
6 10/30/1998
7 11/06/1998
8 11/27/1998
COUNTY(ies) :
SAN BERNARDINO
ASBE0005B 09/21/1997 Rates Fringes
INSULATOR/ASBESTOS WORKER
Includes the application of all
insulating materials, protective
coverings, coatings, and finishings 7.53
to all types of mechanical systems 28.21
----------------------------------------------------------------
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
19.70 4.81
contain asbestos or not
--------------------------------------
BOIL0092F 10/01/1998 Rates Fringes
BOILERMAKER 28.81 9.81
TUBE WELDER 30.31 9.81
--------------------------------------
BRCA0004U 05/01/1997 Rates Fringes
BRICKLAYER; MARBLE SETTER 23.97 5.85
---------------------------------------
BRCA0018G 08/01/1996 Rates Fringes
TILE SETTERS:
Laying Tile in u-poxy, furane 5 .58
and any other similar materials 23.63 5.58
All other work 22.63
--------------------------------------------------------
BRCA0018K 06/01/1996 Rates Fringes
TERRAZZO WORKER 25.97 4.15
TERRAZZO FINISHER 20.16 4.15
-----------------------------------------
CARP0002B 07/01/1998
Rates Fringes
DIVERS:
Diver, wet 54.76 6.28
Diver, stand-by 27.38 6.28
Diver tender 26.38 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 22.75 6.28
CARPENTERS:
Carpenter, cabinet installer,
insulation installer, floor
worker and acoustical 6.28
installer 22 .
Shingler 22.88 6.28
88
Roof loader of shingles 15.42 6.28
Saw filer 22.83 6.28
Table power saw operator 22.85 6.28
Pneumatic nailer or power 6.28
stapler 23.00
Fence builder 20.30 6.28
Millwright
23.25 6.28
Pile driver; Derrick barge; -
Bridge or dock carpenter;
Cable splicer; Heavy framer; 6.28
Rockslinger 22.88
Head rockslinger 22.98 6.28
Rock barge or scow 22.78 6.28
Scaffold builder 17.00 6.28
All other work:
DRYWALL/LATH INSTALLER 24.75 6.28
CARPENTERS:
Carpenter, cabinet installer,
insulation installer, floor 6.28
worker and acoustical installer 24.75 6.28
Shingler 24.88
Roof loader of shingles 17.42 6.28
Saw filer 24.83 6.28
Table power saw operator 24.85 6.28
Pneumatic nailer or power stapler 25.00 6.28
Fence builder 22.30 6.28
Millwright 25.25 w 6.28
-Pile driver; Derrick barge;.
Bridge of- dock carpenter;
Cable splicer; Heavy framer; 6.28
Rockslinger 24.88
Head rockslinger 24.98 6.28
Rock barge or scow 24.78 6.28
Scaffold builder 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 07/01/1998 Rates Fringes
MODULAR FURNITURE INSTALLER 12.00 4.05
LOW WALL MODULAR TECHNICIAN 16.72 4.05
FULL WALL TECHNICIAN 21.00 4.05
-----------------------------------------
ELECO011C 01/01/1997
Rates Fringes
COBM(UNICATIONS AND SYSTEMS WORK: 3W+3 .35
Installer 18.03
19.78 3%+3.35
Technician
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 sound, burglar alarms, fire alarm (see last
paragraph below) and low voltage master clock systems in
commercial buildings.
Communication Systems that transmit or receive information
and/or control systems that are intrinsic to the above listed
systems; inclusion or exclusion of terminations and testings of
conductors determined by their function; excluding all other data
systems or multiple systems which include control function or
power supply; excluding installation of raceway systems, conduit
systems, line voltage work, and energy management systems.
Does not cover work performed at China Lake Naval Ordnance
Test Station.
Fire alarm work shall be performed at the current inside
wireman total cost package.
--------------------------------------
ELEC0477B 06/01/1998 Rates Fringes
ELECTRICIANS:
Area within 80 road miles from the
main post office in San Bernardino: 3% + 9.75
Electrician 24.50
Cable splicer; Electrician, 3W + 9.75
welding 25.00
Electrician, tunnel work 26.95 3% + 9.75
Remainder of County: 3% + 9.75
Electrician 32.50
Cable splicer; Electrician, 3% + 9.75
welding 33.00
Electrician, tunnel work 35.75 3% + 9.75
FOOTNOTES:
Work in a pressurized tunnel:
1 lb. to 18 lbs. : 6 hrs. work under pressure for a day's pay
plus low.
19 lbs. to 26 lbs. : 4 hrs. work under pressure for a day's
pay plus 10w.
27 lbs. to 33 lbs. : 3-1/2 hrs. work under pressure for a
day's pay plus 10%.
34 lbs. to 38 lbs. : 3 hrs. work under pressure for a day's
pay plus 10%.
----------------------------------------------------------------
ELEC1245A 06/01/1998 Rates Fringes
LINE CONSTRUCTION (includes outside
utility transmission work) :
4.5W+6.78
Line worker; Cable splicer 29.50 4.5�+6.54
Powder worker 28.03
19.18 4.5W+6.50
Ground person 4.5�+7.02
Line worker, welding 30.98
-----------------------------------
ELEV0018A 09/15/1998 Rates Fringes
ELEVATOR MECHANIC 31.025 6.675
FOOTNOTE:
Vacation Pay: 2W with 5 or more years of service, 6W 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.
------------------------------------
ENGIO012C 07/01/1998
Rates Fringes
POWER EQUIPMENT OPERATORS: 10.15
GROUP 1 25.05
25.83 10.15
GROUP 2 26.12 10.15
GROUP 3 26.51 10.15
GROUP 4 10.15
GROUP 5 27.61
26.73 10.15
GROUP 6 26.84 10.15
GROUP 7 27 .94 10.15
GROUP 8 10.15
GROUP 9 26.96
28.06 10 .15
GROUP 10 27.13 10.15
GROUP 11 10.15
GROUP 12 2723
27,.26 10.15
GROUP 13 10.15
GROUP 14 27.34
27.46 10.15
GROUP 15 27.63 10.15
GROUP 16 27.73 10.15
GROUP 17 10.15
GROUP 18 27 .
GROUP 19 27.96 10.15
96
28.13 10.15
GROUP 20 28.23 10.15
GROUP 21 10.15
GROUP 22 28.34
GROUP 23 28.46 10.15
GROUP 24
28.63 10.15
CRANES, PILEDRIVING & HOISTING EQUIPMENT: 10.15
GROUP 1 25.30
GROUP 2 26.08 10.15
GROUP 3 26.37 10.15
GROUP 4 26.51 10.15
GROUP 5 26.73 10.15
GROUP 6 26.84 10.15
GROUP 7 26.96 10.15
GROUP 8
27.13 10.15
GROUP 9 27.30 10.15
GROUP 10 28.30 10.15
GROUP 11 29.30 10.15
GROUP 12 30 .30 10.15
GROUP 13 31.30 10.15
TUNNEL WORK: 10.15
GROUP 1 26.58
GROUP 2 26.87 10.15
GROUP 3 27.01 10.15
GROUP 4 27.23 10.15
GROUP 5 27.34 10.15
27.46 10.15
GROUP 6
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 dragtype attachments) , helicopter radio
(ground) , stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fire person, backhoe operator (mini-max
or similar type) , boring machine operator, box or mixer (asphalt
or concrete) , chip spreading machine operator, concrete cleaning
decontamination machine operator, concrete pump operator (small
portable) , drilling machine operator, small auger types (Texoma
super economatic or similar types - Hughes 100 or 200 or similar
types - drilling depth of 30' maximum) , equipment greaser (grease
truck) , guard rail post driver operator, highline cableway
signal, hydra-hammer-aero 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-Johnson-Bidwell or similar) , pavement breaker operator
(truck mounted) , road oil mixing machine operator, roller
operator (asphalt or finish) , rubber-tired earth moving equipment
(single engine, up to and including 25 yds . struck) , self-
propelled tar pipelining machine operator, skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and including 1-
1/2 yds.) , slip form pump operator (power driven hydraulic
lifting device for concrete forms) , tractor operator - bulldozer,
tamper-scraper (single engine, up to 100 h.p. flywheel and
similar types, up to and including D-5 and similar types) , tugger
hoist operator (1 drum) , ultra high pressure waterjet cutting
tool system operator, vacuum blasting machine operator
GROUP 7 : Asphalt or concrete spreading operator (tamping or
finishing) , asphalt paving machine operator (Barber Greene or
similar type) , asphalt-rubber distribution operator, backhoe
operator (up to and including 3/4 yd.) , small Ford, Case or
similar, cast-in-place pipe laying machine operator, combination
mixer and compressor operator (gunite work) , compactor operator
(self-propelled) , concrete mixer operator (paving) , crushing
plant operator, drill doctor, drilling machine operator, bucket
or auger types (Calweld 150 bucket or similar types - Watson
1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or
similar types - drilling depth of 60 ' maximum) , elevating grader
operator, grade checker, gradall operator, grouting machine
operator, heavy-duty repair person, heavy equipment robotics
operator, Kalamazoo balliste regulator or similar type, Kolman
belt loader and similar type, Le Tourneau blob compactor or
similar type, loader operator (Athey, Euclid, Sierra and similar
types) , pneumatic concrete placing machine operator (Hackley-
Presswell or similar type) , pumperete 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 (anv type larger than D-5 - 100 flywheel h.p.
and over, or similar - bulldozer, tamper, scraper and push
tractor single engine) , tractor operator (boom attachments) ,
traveling pipe wrapping, cleaning and bending
machine operator, trenching machine operator (over 6 ft. depth
capacity, manufacturer's rating) , ultra high pressure waterjet
cutting tool system mechanic
GROUP 8 : Heavy-duty repair person (multi-shift)
GROUP 9: Drilling machine operator, bucket or auger types
(Calweld 200 B bucket or similar types - Watson 3000 or 5000
auger or similar types - Texoma 900 auger or similar types -
drilling depth of 105 ' maximum) , dual drum mixer, dynamic
compactor LDC350 (or similar types) , heavy-duty repair-welder
combination, monorail locomotive operator (diesel, gas or
electric) , motor patrol - blade operator (single engine) ,
multiple engine tractor operator (Euclid and similar type -
except Quad 9 cat.) , rubber-tired earth-moving equipment operator
(single engine, over 50 yds. struck) , rubber-tired earth-moving
equipment operator (multiple engine, Euclid, caterpillar and
similar over 25 yds. and up to 5o 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) , rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine, -
Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck) , tandem
tractor operator (operating crawler type tractors in tandem -
Quad 9 and similar type)
GROUP 17 : Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar types in
any combination, excluding compaction units - single engine, up
to and including 25 yds. struck)
GROUP 18: Rotex concrete belt operator (or similar types) ,
rubber-tired earth-moving equipment operator, operating in tandem
(scrapers, belly dumps and similar types in any combination,
excluding compaction units - single engine, Caterpillar, Euclid,
Athey Wagon and similar types with any and all attachments over
25 yds.and up to and including 50 cu. yds. struck) , rubber-tired
earth-moving equipment operator, operating in tandem (scrapers,
belly dumps and similar types in any combination, excluding
compaction units - multiple engine, up to and including 25 yds.
(
struck)
GROUP 19: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar types in
any combination, excluding compaction units - single engine, over
50 yds. struck) , rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps, and similar types in
any combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar types in
any combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (single
engine, up to and including 25 yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (single
engine, Caterpillar, Euclid, Athey Wagon and similar types with
any and all attachments over 25 yds. and up to and including 50
yds. struck) , rubber-tired earth-moving equipment operator,
operating with the tandem push-pull system (multiple engine, up
to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (single
engine, over 50 yds. struck) , rubber-tired earth-moving equipment
operator, operating equipment with the tandem push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds.
and up to 50 yds. struck)
GROUP 24: Concrete pump operator - truck mounted, rubber-tired
earth-moving equipment operator, operating equipment with the
tandem push-pull system (multiple engine, Euclid, Caterpillar and
similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND 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 (Vagtborg and similar types) ; Material
hoist operator; Polar gantry crane operator; Shovel, backhoe,
dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds.
mrc) ; Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc) ; Tower crane repair;
Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton capacity) ;
Crawler transporter operator; Derrick barge operator (up to and
including 25 ton capacity) ; Hoist operator, stiff legs, Guy
derrick or similar type (up to and including 25 ton capacity) ;
Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds.
mrc)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc) ; Derrick barge operator (over 25 tons up to and
including 50 tons mrc) ; Highline cableway operator; Hoist
operator, stiff legs, Guy derrick or similar type (over 25 tons
up to and including 50 tons mrc) ; K-crane operator; Polar crane
operator
GROUP 10: Crane operator (over 50 tons and up to and including
100 tons mrc) ; Derrick barge operator (over 50 tons up to and
including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick
or similar type (over 50 tons up to and including 100
including ) ,
Mobile tower crane operator (over 50 tons, up a
100 tons M.R.C.) ; Tower crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and including
200 tons mrc) ; Derrick barge operator (over 100 tons up to and
including 200 tons mrc) ; Hoist operator, stiff legs, Guy derrick
or similar type (over 100 tons up to and including 200 tons mrc) ;
Mobile tower crane operator (over 100 tons up to and including
200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including 300
tons mrc) ; Derrick barge operator (over 200 tons up to and
including 300 tons mrc) ; Hoist operator, stiff legs, Guy derrick
or similar type (over 200 tons, up to and including 300 tons
mrc) ; Mobile tower crane operator (over 200 tons, up to and
including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons) ; Derrick barge
operator (over 300 tons) ; Helicopter pilot; Hoist operator, stiff
legs, Guy derrick or similar type (over 300 tons) ; Mobile tower
crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and including
10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck) ; Slip
form pump operator (power-driven hydraulic lifting device for
concrete forms) ; Tugger hoist operator (1 drum) ; Tunnel
locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.) ; Small
Ford, Case or similar; Drill doctor; Grouting machine operator;
Heading shield operator; Heavy-duty repairperson; Loader operator
(Athey, Euclid, Sierra and similar types) ; Mucking machine
operator (1/4 yd. , rubber-tired, rail or track type) ; Pneumatic
concrete placing machine operator (Hackley-Presswell or similar
type) ; Pneumatic heading shield (tunnel) ; Pumperete 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 Rates Fringes
POWER EQUIPMENT OPERATORS:
DREDGING:
HYDRAULIC SUCTION DREDGES: 9.95
Lever Person Operator 29.15
Deckmate; Watch Engineer; Welder 26.07 9.95
Winch (stern winch on dredge) 25.52 9.95
Bargehand; Deckhand; Fire 9.95
Person-Oiler; Leveehand 24.98
26.18 9.95
Dozer
CLAMSHELL DREDGES: 9.95
Lever Person Operator 29.15
Watch Engineer; Deckmate 26.07 9.95
Barge Mate 25.59 9.95
Bargehand; Deckhand; Fire 9.95
Person-Oiler 24.98
----------------------------------------
IRONOOO1R 07/01/1998 Rates Fringes
IRONWORKERS:
Fence erector 22.79 13 .17
Ornamental, reinforcing and 13 .17
structural 23 .68
FOOTNOTE:
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
Rates Fringes
BRICK TENDER 18.08 9.34
------------------------------------------
LABO0002H 07/01/1998
Rates Fringes
LABORERS:
GROUP 1 17.83 9.39
GROUP 2 18.23 9.39
GROUP 3 18.43 9.39
GROUP 4 19.48 9.39
GROUP 5
19.68 9.39
TUNNEL LABORERS:
--
GROUP 1 20.74 9.39
GROUP 2 20.86 9.39
GROUP 3 21.02 9.39
GROUP 4
21.30 9.39
GUNITE LABORERS: 11.02
GROUP 1 20 .86
GROUP 2 19.91 11.02
GROUP 3 16.40 11.02
HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A
CONSTRUCTION CONTRACT) : 8 .38
Housemover 15.50
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 CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike-off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and the
cleaning of lumber; Fire watcher, limber, brush loader, piler and
debris handler; Flag person; Gas, oil and/or water pipeline
laborer; Laborer, asphalt-rubber material loader.; Laborer,
general or construction; Laborer, general clean-up; Laborer,
landscaping; Laborer, jetting; Laborer, temporary water and air
lines; Material hose operator (walls, slabs, floors and decks) ;
Plugging, filling of shee bolt holes; Dry packing of concrete;
Railroad maintenance, repair track person and road beds;
Streetcar and railroad construction track laborers; Rigging and
signaling; Scaler; Slip form raiser; Slurry seal crew (mixer
operator, applicator operator, squeegee person, shuttle person,
top person) , filling of cracks by any method on any surface;
Tar and mortar; Tool crib or tool house laborer; Traffic control
by any method; Window cleaner; Wire mesh pulling - all concrete
pouring operations
GROUP 2 : Asbestos abatement; Asphalt shoveler; Cement dumper
(on 1 yd. or larger mixer and handling bulk cement) ; Cesspool
digger and installer; Chucktender; Chute handler, pouring
concrete, the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs, gutters
and sidewalks; Concrete curer, impervious membrane and form
oiler; Cutting torch operator (demolition) ; Fine grader, highways
and street paving, airport, runways and similar type heavy
construction; Gas, oil and/or water pipeline wrapper - pot tender
and form person; Guinea chaser; Headerboard person - asphalt;
Laborer, packing rod steel and pans; Membrane vapor barrier
installer; Power broom sweeper (small) ; Riprap stonepaver,
placing stone or wet sacked concrete; Roto scraper and tiller;
Sandblaster (pot tender) ; Septic tank digger and installer
(lead) ; Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush shredder;
Underground laborer, including caisson bellower
GROUP 3 : Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6-in. pipe and over, by any method, inside and out; High
scaler (including drilling of same) ; Hydro seeder andsimilar
type; Impact wrench multi-plate; Kettle person, pot person
workers applying asphalt, lay-kold, creosote, lime caustic and
similar type materials ("applying" means applying, dipping,
brushing or handling of such materials for pipe wrapping
and waterproofing) ; Operator of pneumatic, gas, electric tools,
vibrating machine, pavement breaker, air blasting, come-alongs,
and similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of joints,
sealing, caulking, diapering and including rubber gasket joints,
pointing and any and all other services; Rock slinger; Rotary
scarifier or multiple head concrete chipping scarifier; Steel
headerboard and guideline setter; Tamper, Barko, Wacker and
similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types) ; Concrete core
cutter (walls, floors or ceilings) , grinder or sander; Concrete
saw person, cutting walls or flat work, scoring old or new
concrete; Cribber, shorer, lagging, sheeting and trench bracing,
hand-guided lagging hammer; Head rock slinger; Laborer, asphalt-
rubber distributor boot person; Laser beam in connection with
laborers' work; Oversize concrete vibrator operator, 70 lbs. and
over; Pipelayer performing all services in the laying and
installation of pipe from the point of receiving pipe in the
ditch until completion of operation, including any and all forms
of tubular material, whether pipe, metallic or non-metallic,
conduit and any other stationary type of tubular device used for
the conveying of any substance or element, whether water, sewage,
solid gas, air, or other product whatsoever and without regard to
the nature of material from which the tubular material is
fabricated; No-joint pipe and stripping of same; Prefabricated
manhole installer; Sandblaster (nozzle person) , water blasting,
Porta Shot-Blast; Welding in connection with laborers' work
GROUP 5: Blaster powder, all work of loading holes, placing and
blasting of all powder and explosives of whatever type,
regardless of method used for such loading and placing; Driller:
All power drills, excluding jackhammer, whether core, diamond,
wagon, track, multiple unit, and any and all other types of
mechanical drills without regard to the form of motive power;
Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Bull gang mucker, track person;
Changehouse person; Concrete crew, including rodder and spreader;
Dump person; Dump person (outside) ; Swamper (brake person and
switch person on tunnel work) ; Tunnel materials handling person
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Nipper; Pot tender, using mastic or other
materials (for example, but not by way of limitation, shotcrete,
etc.) ; Vibrator person, jack hammer, pneumatic tools (except
driller)
GROUP 3 : Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person;
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine) ; Nozzle person; Operating of troweling
and/or grouting machines; Powder person (primer house) ;
Primer
person; Sandblaster; Shotcrete person; Steel form raiser and
setter; Timber person, retimber person, wood or steel; Tunnel
Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Nozzle person and rod person
GROUP 2: Gun person
GROUP 3 : Rebound person -------------------
--------------------------------------------
* LABO0783D 09/01/1997 Rates Fringes
PLASTERER TENDERS:
Fort Irwin, George Air Force Base,
Marine Corps Air Station 29 Palms,
Marine Corps Logistics Supply Base: 23 .26 9.80
Plasterer tender 20.92 9.80
Plaster clean-up laborer
Remainder of San Bernardino County: 20 .26 9.80
Plasterer tender 9.80
Plaster clean-up laborer 17.43
FOOTNOTE:
Machine plaster tender: $1.00 per hour additional. ----------
---------------------------------
LABO0882A 01/01/1997 Rates Fringes
ASBESTOS REMOVAL LABORER
10.37 . 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. -----------
----------------------------------
LABO1184A 07/01/1998 Rates Fringes
LABORERS - STRIPING: 7.85
GROUP 1 18.36
GROUP 2
18.76 7.85
20.33 7.85
GROUP 3
GROUP 4 21.33 7.85
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair
and filling of cracks by any method on any surface in parking
lots, game courts and playgrounds; carstops; operation of all
related machinery and equipment
GROUP 2: Traffic surface abrasive blaster; pot tender - removal
of all traffic lines and markings by any method (sandblasting,
waterblasting, grinding, etc.) and preparation of surface for
coatings. Traffic control person: controlling and directing
traffic through both conventional and moving lane closures;
operation of all related machinery and equipment
GROUP 3 : Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble and
traffic bars, adhesives, guide markers, other traffic delineating
devices including traffic control. This category includes all
traffic related surface preparation (sandblasting, waterblasting,
grinding) as part of the application process. Traffic protective
delineating system installer: removes, relocates, installs,
permanently affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs, monument
markers; operation of all related machinery and equipment; power.
broom sweepers
GROUP 4 : Striper: layout and application of traffic stripes and
markings; hot thermo plastic; tape traffic stripes and markings,
including traffic control; operation of all related machinery and
equipment
--------------------------------------------
PAIN0036A 07/01/1998
Rates Fringes
PAINTER (includes lead abatement) :
Work on service stations and
and car washes; Small new
commercial work (defined
as construction up to and
including 3 stories in
height, such as small
shopping centers, small
stores, small office
buildings and small food
establishments) ; Small
new industrial work
(defined as light metal
buildings, small warehouses,
small storage facilities and
tilt-up buildings) ; Repaint
work (defined as repaint of
any structure with the
exception of work involving
the aerospace industry,
breweries, commercial
recreational facilities,
hotels which operate
commercial establishments
as part of hotel service,
and sports facilities) ;
Tenant improvement work
(defined as tenant
improvement work not
included in conjunction with
the construction of the
building, and all repainting
of tenant improvement 5.56
projects 20.15
All-other-work------------------------2342-----------5 56
- ------
PAIN0036H 07/01/1997 Rates Fringes
DRYWALL FINISHERS: 3 .34
Work on wood frame structures 18.00
All other work 24.06 5.52
----------------------------------------
PAIN0636B 06/01/1998 Rates Fringes
GLAZIER
25.05 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 Rates Fringes
SOFT FLOOR LAYER 24.10 6.07
----------------------------------------------------------------
PLAS0200D 08/06/1997 Rates Fringes
PLASTERER 24 .13 4.04
----------------------------------------------------------------
* PLAS0500B 07/01/1998
Rates Fringes
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 18.85 6.43
Cement mason (magnesite -
18.42 8.43
epoxy)
Cement mason, floating and
troweling machine operator 18.55 8.43
All other work:
Cement mason; curb and gutter
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 20.26 11.30
machine operator
Cement mason (magnesite,
magnesite - terrazzo and
mastic composition, epoxy,
urethanes and exotic 20.38 11.30
coatings, Dex-O-Tex)
Cement Mason - floating and 20.51 11.30
troweling machine operator
FOOTNOTE:
Work on a swinging stage, bosun chair, or suspended scaffold,
whether swinging or rigid, above or below ground: $0.25 per hour
additional.
-----------------------------------
PLUM0016B 07/01/1996 Rates Fringes
PLUMBER; STEAMFITTER:
Fort Irwin Army Base, Marine
Corps Logistic Base at Nebo,
Marine Corps Logistic Base at
Yermo and Twenty-Nine Palms 7.54
Marine Base 31.81
30.56 7.54
George Air Force Base 7.54
Remainder of County 28.31
-------------------------------------------------------
PLUM0345A 07/01/1998 Fringes
Rates g
LANDSCAPE & IRRIGATION FITTER 23 .23 6.80
------------------------------------
PLUM0364A 03/09/1998 Rates Fringes
REFRIGERATION & AIR CONDITIONING 24.98 6.34
----------------------------------------------------------
ROOF0146A 09/01/1994 Rates Fringes
ROOFERS
18.78 8.25
-------------------------------------------- -------------------
SFCA0669I 04/01/1998 Rates Fringes
DOES NOT INCLUDE THE NORTHERN PART OF THE CITY OF CHINO; OR THE
CITIES OF MONTCLAIR OR ONTARIO:
SPRINKLER FITTER (FIRE) 22.00 6.35
--------------------------------------
SFCA0709D 09/01/1998 Rates Fringes
THE NORTHERN PART OF THE CITY OF CHINO; AND THE CITIES OF
MONTCLAIR AND ONTARIO:
SPRINKLER FITTER (FIRE) 28.48 9.80
----------------------------------------------------------------
SHEE0102B 09/01/1998
Rates Fringes
COMMERCIAL SHEET METAL WORKER:
Work on all commercial HVAC for
creature comfort and computers
clean rooms, architectural metals,
metal roofing and lagging, over 9.00
insulation 27.51
----------------------------------------
SHEE0102C 09/01/1998 Rates Fringes
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 12.32
-----------------------------------------
TEAMOO111 07/01/1998
Rates Fringes
EDWARDS AFB, FORT IRWIN, GEORGE AFB, MARINE CORPS LOGISTIC BASE
AT NEBO & YERMO, TWENTY-NINE PALMS BASE
TRUCK DRIVERS:
GROUP 1 21.79 11.89
GROUP 2 21.94 11.89
GROUP 3 22.07 11.89
GROUP 4 22 .26 11.89
GROUP 5 22 .20 11.89
GROUP 6 22.32 11.89
GROUP 7
22.57 11.89
GROUP 8 22 .82 11.89
GROUP 9 23.02 11.89
GROUP 10 23 .32 11.89
GROUP 11 23.82 11.89
REMAINDER OF COUNTY:
GROUP 1 19.79 11.89
GROUP 2 19.94 11.89
GROUP 3 20.07 11.89
20.26 11.89
GROUP 4
GROUP 5 20.20 11.89
GROUP 6 20.32 11.89
GROUP 7 20.57 11.89
GROUP 8 20.82 11.89
GROUP 9 21.02 11.89
GROUP 10 21.32 11.89 _.
GROUP 11 21.82 11.89
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck-mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel truck
driver; Water truck - 2 axle; Dump truck, less than 16 yds. water
level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds. ; Dumperete
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; Dumperete 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 lo: Dump truck - SO yds. or more water level; Water pull
- single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional when
operating winch or similar special attachments
-----------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (v) ) .
------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be.
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
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 .) 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:t All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
EXHIBIT 12-E
Local Assistance Procedures Manual Attachment A
PS&E Checklist Instructions
SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS
GENERAL.—The work herein proposed will be financed in
whole or in part with Federal funds,and therefore all of the (This form need not be filled in if all joint venture firms are
statutes,rules and regulations promulgated by the Federal Gov- minority owned.)
ernment and applicable to work financed in whole or in part
with Federal funds will apply to such work. The "Required 1.Name of joint venture
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 2.Address of joint venture
"authorized representative of the SHA," such references shall be
construed to mean"Engineer" as defined in Section 1-1.18 of the ------_--
Standard Specifications. -------
PERFORMANCE OF PREVIOUS CONTRACT.—In ad-
3.Phone number of joint venture _
dition to the provisions in Section 11,"Nondiscrimination,"and -------- --
Section VII,"Subletting or Assigning the Contract,"of the re- _---- --
quired contract provisions,the Contractor shall comply with 4.Identify the firms which comprise the joint venture. (The
the following:
The bidder shall execute the CERTIFICATION WITH RE- MBE partner must complete Schedule A.) _
GARD TO THE PERFORMANCE OF PREVIOUS CON-
TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL -------------------------
OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED REPORTS located in the proposal. No request
for subletting or assigning any portion of the contract in ex- a.Describe the role of the MBE firm in the joint venture.
cess of$10,000 will be considered under the provisions of
Section VII of the required contract provisions unless such ----_
request is accompanied by the CERTIFICATION referred to -------- —
above,executed by the proposed subcontractor. -----_--_—__
NON-COLLUSION PROVISION.—The provisions in this b.Describe very briefly the experience and business
section are applicable to all contracts except contracts for
Federal Aid Secondary projects. qualifications of each non-MBE joint venturer:
Title 23,United States Code, Section 112, requires as a q
condition precedent to approval by the Federal Highway
Administrator of the contract for this work that each bidder file ------------
a sworn statement executed by,or on behalf of,the person,firm,
association,or corporation to whom such contract is to be
awarded, certifying that such person, firm, association, or 5.Nature of the joint venture's business --_--
corporation has not,either directly or indirectly,entered into
any agreement, participated in any collusion, or otherwise ---_--_----_-
taken any action in restraint of free competitive bidding in -——-——- --
connection with the submitted bid. A form to make the non- 6.Provide a copy of the joint venture agreement.
collusion affidavit statement required by Section 112 as a
certification under penalty of perjury rather than as a sworn 7 What is the claimed percentage of MBE ownership? _
statement as permitted by 28,USC,Sec. 1746,is included in the
proposal. ----_ — -----
PARTICIPATION BY MINORITY BUSINESS EN- g Ownership of joint venture: (This need not be filled in if
TERPRISES IN SUBCONTRACTING. Part 23, Title 49,
Code of Federal Regulations applies to this Federal-aid project. described in the joint venture agreement, provided by
Pertinent sections of said Code are incorporated in part or in its
entirety within other sections of these special provisions. question 6.).
Schedule B—Information for Determining Joint Venture Eli-
gibility
Revised 3-95
08-07-95
FR-1
Page 12-63
February 1,1998
EXHIBIT 12-E Local Assistance Procedures Manual
Attachment A PS&E Checklist Instructions
a. Profit and loss sharing. .....................................................................
......................... .
..............Name of Firn i Name of Firm
b.Capital contributions, including equipment.
c.Other applicable ownership interests.
................................ ...................................
9. Control of and participation in this contract. Si Identify Signature Signature
by name,race, sex,and"firm"those individuals(and their
titles)who are responsible for day-to-day management and •••••••••••°............""'•••"••••"•`......•••••..
policy decision malting, including, but not limited to, Name Name
those with prime responsibility for:
....................................................................................................................
Title Title
a.Financial decisions _— —_---_—
....................................................................................
Date Date
b.Management decisions,such as: Date -- -----
1. Estimating_-- --_ State of— —
County of--- --
2. Marketing and sales
On this _day of 19—,before me
3.Hiring and firing of management personnel _ appeared (Name) — — to me personally
known, who, being duly sworn, did execute the foregoing
4. Purchasing of major items or supplies — affidavit, and did state that he or she was properly authorized
by (Name of firm) ---- to
execute the affidavit and did so as his or her free act and deed.
c.Supervision of field operations
Notary Public —_---_-----
- ------------- Commission expires
Note.—It after filing this Schedule B and before the
completion of the joint venture's work on the contract [Seal]
covered by this regulation,there is any significant change in
the information submitted,the joint venture must inform the Date _-----__---- ------
grantee,either directly or through the prime contractor if the State of -------
joint venture is a subcontractor. -----
Affidavit County of— —
"The undersigned swear that the foregoing statements are On this —day of 19—, before me
correct and include all material information necessary to personally
identify and explain the terms and operation of our joint appeared (Name) — to me— P y
venture and the intended participation by each point venturer known, who, being duly sworn, did execute the foregoing
in the undertaking. Further,the undersigned covenant and
agree to provide to grantee current, complete and accurate affidavit, and did state that he or she was properly authorized
information regarding actual joint venture work and the
payment therefor and any proposed changes in any of the by (Name of firm) _-----_ to
point venture arrangements and to permit the audit and --------
examination of the books, records and files of the joint execute the affidavit and did so as his or her free act and deed.
venture,or those of each joint venturer relevant to the joint
venture, by authorized representatives of the grantee or the Notary Public _
Federal funding agency. Any material misrepresentation will --- ---------
be grounds for terminating any contract which maybe Commission expires
awarded and for initiating action under Federal or State-laws
concerning false statements." [Seal]
Revised 3-95
08-07-95
FR-2
Page 12-64
February 1,1998
Local Assistance Procedures Manual EXHIBIT 12-E
PS&E Checklist Instructions Attachment B
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
Disputes within the meaning of this clause include disputes
Page between the contractor(or any of its subcontractors)and the
contracting agency,the DOL,or the contractor's employees or
I. General................................................................................ 3 their representatives.
II. Nondiscrimination.......................................................... 3
III. Nonsegregated Facilities............................................... 5 6.Selection of Labor: During the performance of this
IV. Payment of Predetermined Minimum Wage.............. 6 contract,the contractor shall not:
V. Statements and Payrolls................................................. 8
VI. Record of Materials,Supplies,and Labor................. 9 a.discriminate against labor from any other State, posses-
VII. Subletting or Assigning the Contract....................... 9 lion,or territory of the United States(except for employment
VIII. Safety: Accident Prevention........................................ 10 preference for Appalachian contracts, when applicable, as
IX. False Statements Concerning Highway Project....... 10 specified in Attachment A),or
X. Implementation of Clean Air Act and Federal Water b. employ convict labor for any purpose within the limits
Pollution Control Act..................................................... 10 of the project unless it is labor performed by convicts who are
XI. Certification Regarding Debarment,Suspension, on parole,supervised release,or probation.
Ineligibility,and Voluntary Exclusion.................... 11
XII. Certification Regarding Use of Contract Funds for II. NONDISCRIMINATION
Lobbying .................................... 12
(Applicable to all Federal-aid construction contracts and to
ATTACHMENTS all related subcontracts of 510,000 or more.)
A.Employment Preference for Appalachian Contracts 1.Equal Employment Opportunity: Equal employment
(included in Appalachian contracts only) opportunity(EEO)requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth under
I. GENERAL laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, and 41 CFR 60)and orders of the Secretary of
1.These contract provisions shall apply to all work per- Labor as modified by the provisions prescribed herein,and im-
formed on the contract by the contractor's own organization posed pursuant to 23 U.S.C. 140 shall constitute the EEO and
and with the assistance of workers under the contractor's im- specific affirmative action standards for the contractor's project
mediate superintendence and to all work performed on the con- activities under, this contract. The Equal Opportunity
tract by piecework, station work,or by subcontract. Construction Contract Specifications set forth under
41 CFR 60-4.3 and the provisions of the American Disabilities
2.Except as otherwise provided for in each section,the con- Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR 35
tractor shall insert in each subcontract all of the stipulations and 29 CFR 1630 are incorporated by reference in this contract.
contained in these Required Contract Provisions, and further In the execution of this contract,the contractor agrees to comply
require their inclusion in any lower tier subcontract or with the following minimum specific requirement activities of
purchase order that may in turn be made. The Required Contract EEO:
Provisions shall not be incorporated by reference in any case.
The prime contractor shall be responsible for compliance by any a.The contractor will work with the State highway agency
subcontractor or lower tier subcontractor with these Required (SHA)and the Federal Government in carrying out EEO
Contract Provisions. obligations and in their review of his/her activities under the
contract.
3.A breach of any of the stipulations contained in these Re-
quired Contract Provisions shall be sufficient grounds for b. The contractor will accept as his operating policy the
termination of the contract. following statement:
4.A breach of the following clauses of the Required Contract "It is the policy of this Company to assure that applicants
Provisions may also be grounds for debarment as provided in are employed, and that employees are treated during employ-
29 CFR 5.12: ment, without regard to their race, religion, sex, color, no-
tional origin, age or disability. Such action shall include:
Section I,paragraph 2; employment, upgrading, demotion, or transfer; recruitment or
Section IV,paragraphs 1,2,3,4,and 7; recruitment advertising; layo11 or termination; rates of pay or
Section V,paragraphs I and 2a through 2g. other fornis of compensation; and selection for training, in-
cluding apprenticeship,preapprenticeship, andlor on-the-job
5. Disputes arising out of the labor standards provisions of training."
Section IV(except paragraph 5)and Section V of these Required
Contract Provisions shall not be subject to the general 2.EEO Officer: The contractor will designate and make
disputes clause of this contract. Such disputes shall be known to the SHA contracting officers an EEO Officer who will
resolved in accordance with the procedures of the U.S. De- have the responsibility for and must be capable of effectively
partment of Labor(DOL)as set forth in 29 CFR 5, 6, and 7.
Form 1273—Revised 3-95
08-07-95
FR-3
Page 12-65
February 1, 1998
EXHIBIT 12-E Local Assistance Procedures Manual
Attachment B PS&E Checklist Instructions
administering and promoting an active contractor program of c.The contractor will encourage his present employees to
EEO and who must be assigned adequate authority and refer minority group applicants for employment. Information
responsibility to do so. and procedures with regard to referring minority group
applicants will be discussed with employees.
3.Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and 5.Personnel Actions: Wages, working conditions, and
hall be established and administered,and
discharge employees,or who recommend such action, or who employee benefits s
are substantially involved in such action, will be made fully personnel actions of every type, including hiring, upgrading,
cognizant of,and will implement,the contractor's EEO policy promotion,transfer,demotion, layoff,and termination, shall be
and contractual responsibilities to provide EEO in each grade taken without regard to race, color, religion, sex, national
and classification of employment. To ensure that the above origin, age or disability. The following procedures shall be
agreement will be met,the following actions will be taken as a followed:
minimum:
a.The contractor will conduct periodic inspections of pro-
s.Periodic meetings of supervisory and personnel office ject sites to ensure that working conditions and employee fa-
employees will be conducted before the start of work and cilities do not indicate discriminatory treatment of project
then not less often than once every six months,at which time site personnel.
the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by b.The contractor will periodically evaluate the spread of
the EEO Officer. wages paid within each classification to determine any evi-
dence of discriminatory wage practices.
b.All new supervisory or personnel office employees will
be given a thorough indoctrination by the EEO Officer, c.The contractor will periodically review,selected person-
covering all major aspects of the contractor's EEO obliga- nel actions in depth to determine whether there is evidence of
tions within thirty days following their reporting for duty discrimination. Where evidence is found, the contractor will
with the contractor. promptly_take corrective action. If the review indicates that
the discrimination may extend beyond the actions reviewed,
c.All personnel who are engaged in direct recruitment for such corrective action shall include all affected persons.
the project will be instructed by the EEO Officer in the con-
tractor's procedures for locating and hiring minority group d.The contractor will promptly investigate all complaints
employees. of alleged discrimination made to the contractor in connec-
tion with his obligations under this contract, will attempt to
d.Notices and posters setting forth the contractor's EEO resolve such complaints,and will take appropriate corrective
policy will be placed in areas readily accessible to employ- action within a reasonable time. If the investigation indi-
ees,applicants for employment and potential employees. cates that the discrimination may affect persons other than the
complainant, such corrective action shall include such other
e.The contractor's EEO policy and the procedures to im- persons. Upon completion of each investigation, the
plement such policy will be brought to the attention of em- contractor will inform every complainant of all of his avenues
ployees by means of meetings,employee handbooks,or other of appeal.
appropriate means.
G.Training and Promotion:
4.Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the a. The contractor will assist in locating, qualifying, and
notation: "An Equal Opportunity Employer." All such adver- increasing the skills of minority group and women employ-
tisements will be placed to publications having a large circula- ees,and applicants for employment.
tion among minority groups in the area from which the project
work force would normally be derived. b.Consistent with the contractor's work force require-
ments and as permissible under Federal and State regulations,
a.The contractor will,unless precluded by a valid bargain- the contractor shall make full use of training programs,i.e.,
ing agreement, conduct systematic and direct recruitment apprenticeship,and on-the-job training programs for the ge-
through public and private employee referral sources likely ographical area of contract performance. Where feasible,25
to yield qualified minority group applicants. To meet this re- percent of apprentices or trainees to each occupation shall be
quirement, the contractor will identify sources of potential in their first year of apprenticeship or training. In the event a
minority group employees,and establish with such identified special provision for training is provided under this contract,
sources procedures whereby minority group applicants may this subparagraph will be superseded as indicated in the spe-
be referred to the contractor for employment consideration. cial provision.
b.In the event the contractor has a valid bargaining c.The contractor will advise employees and applicants for
agreement providing for exclusive hiring hall referrals,he is employment of available training programs and entrance re-
expected to observe the provisions of that agreement to the quirements for each.
extent that the system permits the contractor's compliance
with EEO contract provisions. (The DOL has held that d.The contractor will periodically review the training and
where implementation of such agreements have the effect of promotion potential of minority group and women employees
discriminating against minorities or women,or obligates the and will encourage eligible employees to apply for such
contractor to do the same, such implementation violates Ex- training and promotion.
ecutive Order 11246,as amended.)
Form 1273—Revised 3-95
08-07-95
FR-4
Page 12-66
February 1,1998
Local Assistance Procedures Manual EXHIBIT 12-E
PS&E Checklist Instructions
Attachment B
7.Unions: If the contractor relies in whole or in part upon 9.Records and Reports: The contractor shall keep such
unions as a source of employees,the contractor will use his%her records as necessary to document compliance with the EEO
best efforts to obtain the cooperation of such unions to increase requirements. Such records shall be retained for a period of
opportunities for minority groups and women within the three years following completion of the contract work and shall
unions,and to effect referrals by such unions of minority and be available at reasonable times and places for inspection by au-
female employees. Actions by the contractor either directly or thorized representatives of the SHA and the FHWA.
through a contractor's association acting as agent will include a.The records kept by the contractor shall document the
the procedures set forth below: following:
a.The contractor will use best efforts to develop, in coop-
eration with the unions, joint training programs aimed (I)The number of minority and non-minority group
toward qualifying more minority group members and women members and women employed in each work classification
for membership in the unions and increasing the skills of on the project;
minority group employees and women so that they may 2 The progress and efforts being made in cooperation
qualify for higher paying employment. with hunions, when applicable,to increase employment op-
b.The contractor will use best efforts to incorporate an portunities for minorities and women;
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants with- (3)The progress and efforts being made in locating, fe-
out regard to their race,color, religion, sex, national origin, ing, training, qualifying, and upgrading minority and fe-
age or disability. male employees;and
c.The contractor is to obtain information as to the referral (4)The progress and efforts being made in securing the
practices and policies of the labor union except that to the ex- services of DBE subcontractors or subcontractors with
tent such information is within the exclusive possession of meaningful minority and female representation among their
the labor union and such labor union refuses to furnish such employees.
information to the contractor,the contractor shall so certify to
b.The contractors will submit pr annual report g the SHA
the SHA and shall set forth what efforts have been made to
obtain such information. each July for the duration of the project, indicating the information. ber of minority, women, and non-minority group employees
d.In the event the union is unable to provide the contrac- currently engaged in each work classification required by the
for with a reasonable flow of minority and women referrals contract work. This information is to be reported on Form
within the time limit set forth in the collective bargaining FHWA-1391. If on-the-job training is being required by
agreement,the contractor will,through independent recruit- special provision, the contractor will be required to collect
ment efforts,fill the employment vacancies without regard to and report training data.
race, color, religion, sex, national origin, age or disability;
making full efforts to obtain qualified and/or qualifiable mi- III NONSEGREGATED FACILITIES
nority group persons and women. (The DOL has held that it
shall be no excuse that the union with which the contractor (Applicable to all Federal-aid construction contracts and to
has a collective bargaining agreement providing for exclusive all related subcontracts of 510,000 or more.)
referral failed to refer minority employees.) In the event the
union referral practice prevents the contractor from meeting a.By submission of this bid,the execution of this contract
the obligations pursuant to Executive Order 11246, as or subcontract,or the consummation of this material supply
amended,and these special provisions, such contractor shall agreement or purchase order, as appropriate, the bidder,
immediately notify the SHA. Federal-aid construction contractor, subcontractor, material
supplier,or vendor,as appropriate,certifies that the firm does
8.Selection of Subcontractors,Procurement of Materials not maintain or provide for its employees any segregated
and Leasing of Equipment: The contractor shall not facilities at any of its establishments,and that the firm does
discriminate on the grounds of race, color, religion, sex, not permit its employees to perform their services at any
national origin, age or disability in the selection and retention location, under its control, where segregated facilities are
of subcontractors,including procurement of materials and leases maintained. The firm agrees that a breach of this certification
of equipment. is a violation of the EEO provisions of this contract. The firm
further certifies that no employee will be denied access to
a.The contractor shall notify all potential subcontractors adequate facilities on the basis of sex or disability.
and suppliers of his/her EEO obligations under this contract.
b.As used in this certification,the term "segregated facili-
b. Disadvantaged business enterprises(DBE),as defined ties" means any waiting rooms, work areas, restrooms and
in 49 CFR 23, shall have equal opportunity to compete for washrooms, restaurants and other eating areas, time clocks,
and perform subcontracts which the contractor enters into locker rooms, and other storage or dressing areas, parking
pursuant to this contract. The contractor will use his best lots, drinking fountains, recreation or entertainment areas,
efforts to solicit bids from and to utilize DBE subcontractors transportation, and housing facilities provided for employees
or subcontractors with meaningful minority group and female which are segregated by explicit directive,or are,in fact,seg-
representation among their employees. Contractors shall regated on the basis of race, color, religion, national origin,
obtain lists of DBE construction firms from SHA personnel. age or disabilitN, because of habit, local custom,or otherwise.
The only exception will be for the disabled when the
c.The contractor will use his best efforts to ensure subcon- demands for accessibility override(e.g.disabled parking).
tractor compliance with their EEO obligations.
Form I'.13—Revised 3-95
08-07-95
FR-5
Page 12-67
February 1,1998
EXHIBIT 12-E Local Assistance Procedures Manual
Attachment B PS&E Checklist Instructions
c.The contractor agrees that it has obtained or will obtain 2. Classification:
identical certification from proposed subcontractors or mate-
rial suppliers prior to award of subcontracts or consummation a.The SHA contracting officer shall require that any class
of material supply agreements of S10,000 or more and that it of laborers or mechanics employed under the contract, which
will retain such certifications in its files. is not listed in the wage determination, shall be classified in
conformance with the wage determination.
IV. PAYMENT OF PREDETERNIINED NUNINIUM
WAGE b.The contracting officer shall approve an additional
classification, wage rate and fringe benefits only when the
(Applicable to all Federal-aid construction contracts exceed- following criteria have been met:
ing 52,000 and to all related subcontracts,except for projects 1 the work to be performed by the additional classifi-
cation on roadways classified as local roads or rural minor col- cati n requested is no performed by a classification in the
lectors,which are exempt.)
wage determination;
1. General: (2)the additional classification is utilized in the area by
a.All mechanics and laborers employed or working upon the construction industry;
the site of the work will be paid unconditionally and not less (3)the proposed wage rate, including any bona fide
often than once a week and without subsequent deduction or fringe benefits, bears a reasonable relationship to the wage
rebate on any account[except such payroll deductions as are rates contained in the wage determination; and
permitted by regulations(29 CFR 3)] issued by the Secretary
of Labor under the Copeland Act(40 U.S.C. 276c)the full (4)with respect to helpers, when such a classification
amounts of wages and bona fide fringe benefits (or cash prevails in the area in which the work is performed.
equivalents thereof)due at time of payment. The payment
shall be computed at wage rates not less than those contained c. If the contractor or subcontractors, as appropriate, the
in the wage determination of the Secretary of Labor laborers and mechanics (if known)to be employed in the
(hereinafter the wage determination") which is attached additional classification or their representatives,and the con-
hereto and made a part hereof,regardless of any contractual re-
lationship tracting officer agree on the classification and wage rate
contractor which maybe alleged d exist between the (including the amount designated for fringe benefits where
contractor or its subcontractors and such laborers and appropriate),a report of the action taken shall be sent by the
mechanics. The wage determination (including any contracting officer to the DOL, Administrator of the Wage
additional classifications and wage rates conformed under
paragraph 2 of this Section IV and the DOL poster(WH- and Hour Division, Employment Standards Administration,
1321)or Form FHWA-1495)shall be posted at all times by Washington, D.C. 20210. The Wage and Hour
the contractor and its subcontractors at the site of the work in Administrator,or an authorized representative,will approve,
a prominent and accessible place where it can be easily seen modify, or disapprove even additional classification action
by the workers. For the purpose of this Section, within 30 days of receipt and so advise the contracting officer
contributions made or costs reasonably anticipated for bona or will notify the contracting officer within the 30-day period
fide fringe benefits under Section 1(bx2)of the Davis-Bacon that additional time is necessary.
Act(40 U.S.C.276a)on behalf of laborers or mechanics are d. In the event the contractor or subcontractors, as appro-
considered wages paid to such laborers or mechanics, subject priate,the laborers or mechanics to be employed in the addi-
to the provisions of Section IV,paragraph 3b, hereof. Also, tional classification or their representatives, and the con-
for the purpose of this Section,regular contributions made or tracting officer do not agree on the proposed classification
costs incurred for more than a weekly period(but not less and wage rate(including the amount designated for fringe
often than quarterly)under plans, funds,or programs,which benefits,where appropriate),the contracting officer shall refer
cover the particular weekly period, are deemed to be the uestions, including the views of all interested parties
constructively made or incurred during such weekly period. q
Such laborers and mechanics shall be paid the appropriate and the recommendation of the contracting officer, to the
wage rate and fringe benefits on the wage determination for Wage and Hour Administrator for determination. Said
the classification of work actually performed,without regard Administrator, or an authorized representative, will issue a
to skill, except as provided in paragraphs 4 and 5 of this determination within 30 days of receipt and so advise the
Section IV. contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary
b.Laborers or mechanics performing work in more than one e.The wage rate(including fringe benefits where appropri-
classification may be compensated at the rate specified for ate)determined pursuant to paragraph 2c or 2d of this Section
each classification for the time actually worked therein, at shall m paid to all workers performing work in the Section
provided, that the employer's payroll records accurately set
addi-
forth the time spent in each classification in which work is tional classification from the first day on which work is per-
performed formed in the classification.
c. All rulings and interpretations of the Davis-Bacon Act 3.Payment of Fringe Benefits:
and related acts contained in 29 CFR 1, 3,and 5 are herein
incorporated by reference in this contract. a.Whenever the minimum wage 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
benefit
Form 1273—Revised 3.95
08-07-95
FR-6
Page 12-68
February 1,1998
Local Assistance Procedures Manual EXHIBIT 12-E
PS&E Checklist Instructions
Attachment B
as stated in the wage determination or shall pay another bona (4)In the event the Bureau of Apprenticeship and Train-
fide fringe benefit or an hourly case equivalent thereof. ing, or a State apprenticeship agency recognized by the
Bureau, withdraws approval of an apprenticeship program,
b. If the contractor or subcontractor,as appropriate, does the contractor or subcontractor will no longer be permitted
not make payments to a trustee or other third person, he/she to utilize apprentices at less than the applicable predeter-
may consider as a part of the wages of any laborer or mechanic mined rate for the comparable work performed by regular
the amount of any costs reasonably anticipated in providing employees until an acceptable program is approved.
bona fide fringe benefits under a plan or program, provided,
that the Secretary of Labor has found, upon the written b.Trainees:
request of the contractor,that the applicable standards of the
Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets th(I)Except as provided in h CFR 5.16, trainees will not
for the meeting of obligations under the plan or program. permitted to work less than the predetermined rate for
file woorrk k performed unless less they are employed pursuant to
4.Apprentices and Trainees(Programs of the U.S. DOL) and individually registered in a program which has
and Helpers: received prior approval,evidenced by formal certification
by the DOL,Employment and Training Administration.
a.Apprentices: (2)The ratio of trainees to journeyman-level employees
on the job site shall not be greater than permitted under the
(1)Apprentices will be permitted to work at less than plan approved by the Employment and Training Adminis-
the predetermined rate for the work they performed when tration. Any employee listed on the payroll at a trainee
they are employed pursuant to and individually registered rate who is not registered and participating in a training
in a bona fide apprenticeship program registered with the plan approved by the Employment and Training Adminis-
DOL,Employment and Training Administration, Bureau of tration shall be paid not less than the applicable wage rate
Apprenticeship and Training,or with a State apprentice- on the wage determination for the classification of work ac-
ship agency recognized by the Bureau,or if a person is em- tually performed. In addition,any trainee performing work
ployed in his/her first 90 days of probationary employment on the job site in excess of the ratio permitted under the
as an apprentice in such an apprenticeship program, who is registered program shall be paid not less than the applica-
not individually registered in the program, but who has ble wage rate on the wage determination for the work actu-
been certified by the Bureau of Apprenticeship and ally performed.
Training or a State apprenticeship agency(where appro ri-
ate)to be eligible for probationary employment as an ap- (3) Every trainee must be paid at not less than the rate
prentice. specified in the approved program for his/her level of
progress,expressed as a percentage of the journeyman-level
(2)The allowable ratio of apprentices to journeyman- hourly rate specified in the applicable wage determination.
level employees on the job site in any craft classification Trainees shall be paid fringe benefits in accordance with
shall not be greater than the ratio permitted to the contrac- the provisions of the trainee program. If the trainee
for as to the entire work force under the registered program. program does not mention fringe benefits,trainees shall be
Any employee listed on a payroll at an apprentice wage paid the full amount of fringe benefits listed on the wage
rate,who is not registered or otherwise employed as stated determination unless the Administrator of the Wage and
above, shall be paid not less than the applicable wage rate Hour Division determines that there is an apprenticeship
listed in the wage determination for the classification of program associated with the corresponding journeyman-
work actually performed. In addition,any apprentice per-
level wage rate on the wage determination which provides
forming work on the job site in excess of the ratio permitted for less than full fringe benefits for apprentices, in which
under the registered program shall be paid not less than the case such trainees shall receive the same frin a benefits as
applicable wage rate on the wage determination for the apprentices. g
work actually performed. Where a contractor or
subcontractor is performing construction on a project in a (4)In the event the Employment and Training Adminis-
locality other than that in which its program is registered, tration withdraws approval of a training program,the con-
the ratios and wage rates(expressed in percentages of the tractor or subcontractor will no longer be permitted to uti-
journeyman-level hourly rate)specified in the contractor's lize trainees at less than the applicable predetermined rate
or subcontractor's registered program shall be observed. for the wort:performed until an acceptable program is ap-
proved.
(3)Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's c.Helpers:
level of progress, expressed as a percentage of the jour-
neyman-level hourly rate specified in the applicable wage Helpers will be permitted to work on a project if the
determination. Apprentices shall be paid fringe benefits in helper classification is specified and defined on the
accordance with the provisions of the apprenticeship pro- applicable wage determination or is approved pursuant to
gram. If the apprenticeship program does not specify fringe the conformance procedure set forth in Section IV.2. Any
benefits,apprentices must be paid the full amount of fringe worker listed on a payroll at a helper wage rate,who is not
benefits listed on the wage determination for the applicable a helper under an approved definition, shall be paid not
classification. If the Administrator for the Wage and Hour less than the applicable wage rate on the wage
Division deternmes that a different practice prevails for the determination for the classification of work actually
applicable apprentice classification, fringes shall be paid perforated.
in accordance with that determination.
Form 1273—Revised 3-95
FR-7 08-07-95
Page 12-69
February 1, 1998
EXHIBIT 12-E Local Assistance Procedures Manual
Attachment B PS&E Checklist Instructions
5.Apprentices and Trainees(Programs of the U.S.DOT): 9.Withholding for Unpaid Wages and Liquidated
Damages:
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the Secre- The SHA shall upon its own action or upon written request
tary of Transportation as promoting EEO in connection with of any authorized representative of the DOL withhold, or cause
Federal-aid highway construction programs are not subject to to be withheld, from any moneys payable on account of work
the requirements of paragraph 4 of this Section IV. The straight performed by the contractor or subcontractor under any such
time hourly wage rates for apprentices and trainees under such contract or any other Federal contract with the same prime
programs will be established by the particular programs. The contractor,or any other federally-assisted contract subject to
ratio of apprentices and trainees to journeymen shall not be the Contract Work Hours and Safety Standards Act, which is
greater than permitted by the terms of the particular program. held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such
6.Withholding: contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph 8
The SHA shall upon its own action or upon written request above.
of an authorized representative of the DOL withhold,or cause
to be withheld, from the contractor or subcontractor under this V. STATEDIENTS AND PAYROLLS
contract or any other Federal contract with the same prime
contractor,or any other federally-assisted contract subject to (Applicable to all Federal-aid construction contracts exceed-
Davis-Bacon prevailing wage requirements which is held by ing 52,000 and to all related subcontracts, except for projects
the same prime contractor,as much of the accrued payments or located on roadways classified as local roads or rural collectors,
advances as may be considered necessary to pay laborers and which are exempt.)
mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full 1. Compliance with Copeland Regulations(29 CFR 3):
amount of wages required by the contract. In the event of failure
to pay any laborer or mechanic, including any apprentice, The contractor shall comply with the Copeland Regulations
trainee,or helper,employed or working on the site of the work, of the Secretary of Labor which are herein incorporated by refer-
all or part of the wages required by the contract, the SHA ence.
contracting officer may, after written notice to the contractor,
take such action as may be necessary to cause the suspension of 2. Payrolls and Payroll Records:
any further payment,advance,or guarantee of funds until such
violations have ceased.
a.Payrolls and basic records relating thereto shall be
7.Overtime Requirements: maintained by the contractor and each subcontractor during
the course of the work and preserved for a period of 3 years
No contractor or subcontractor contracting for any part of the from the date of completion of the contract for all laborers,
contract work which may require or involve the employment of mechanics, apprentices, trainees, watchmen, helpers, and
guards working at the site of the work.
laborers, mechanics, watchmen,or guards(including appren-
tices, trainees, and helpers described in paragraphs 4 and 5 b.The payroll records shall contain the name, social secu-
above)shall require or permit any laborer,mechanic,watchman, rity number,and address of each such employee; his or her
or guard in any workweek in which he/she is employed on such correct classification; hourly rates of wages paid(including
work, to work in excess of 40 hours in such workweek unless rates of contributions or costs anticipated for bona fide fringe
such laborer,mechanic,watchman,or guard receives compensa- benefits or cash equivalent thereof the types described in Sec-
tion at a rate not less than one-and-one-half times his/her basic tion 1(b)(2)(B)of the Davis Bacon Act); daily and weekly
rate of pay for all hours worked in excess of 40 hours in such number of hours worked;deductions made;and actual wages
workweek. paid. In addition, for Appalachian contracts, the payroll
8. Violation: records shall contain a notation indicating whether the em-
ployee does,or does not, normally reside in the labor area as
defined in Attachment.A, paragraph 1. Whenever the Secre-
Liability for Unpaid Wages; Liquidated Damages: In the tary of Labor,pursuant to Section IV, paragraph 3b, has found
event of any violation of the clause set forth in paragraph 7 that the wages of any laborer or mechanic include the amount
above,the contractor and any subcontractor responsible thereof of any costs reasonably anticipated in providing benefits un-
shall be liable to the affected employee for his!her unpaid der a plan or program described in Section I(b)(2)(B)of the
wages. In addition,such contractor and subcontractor shall be Davis Bacon Act,the contractor and each subcontractor shall
liable to the United States (in the case of work done under maintain records which shox that the commitment to provide
contract for the District of Columbia or a territory, to such such benefits is enforceable,that the plan or program is finan-
District or to such territory) for liquidated damages. Such cially responsible,that the plan or program has been commu-
liquidated damages shall be computed with respect to each nicated in writing to the laborers or mechanics affected, and
individual laborer, mechanic, watchman,or guard employed in show the cost anticipated or the actual cost incurred in pro-
violation of the clause set forth in paragraph 7, in the sum of viding benefits. Contractors or subcontractors employing
$10 for each calendar day on which such employee was required apprentices or trainees under approved programs shall
or permitted to work in excess of the standard work week of 40 maintain written evidence of the registration of apprentices
hours without payment of the overtime wages required b% the and trainees, and ratios and wage rates prescribed in the ap-
clause set forth in paragraph 7. plicable programs.
Form 1273—Revised 3-95
08-07-95
FR-8
Page 12-70
February 1, 1998
Local Assistance Procedures Manual EXHIBIT 12-E
PS&E Checklist Instructions Attachment B
c. Each contractor and subcontractor shall furnish, each grounds for debarment action pursuant to 29 CFR 5.12.
week in which any contract work is performed, to the SHA
resident engineer a payroll of wages paid each of its employ- VI. RECORD OF MATERIALS,SUPPLIES,AND
ees(including apprentices,trainees, and helpers,described in LABOR
Section IV,paragraphs 4 and 5,and watchmen and guards en-
gaged on work during the preceding weekly payroll period). 1.On all Federal-aid contracts on the National Highway Sys-
The payroll submitted shall set out accurately and completel-v tem,except those which provide solely for the installation of
all of the information required to be maintained under pars- protective devices at railroad grade crossings,those which are
graph 2b of this Section V. This information may be submit- constructed on a force account or direct labor basis, highway
ted in any form desired. Optional Form WH-347 is available beautification contracts,and contracts for which the total final
for this purpose and may be purchased from the Superinten- construction cost for roadway and bridge is less than
dent of Documents(Federal stock number 029-005-0014-1), 8110001000(23 CFR 635)the contractor shall:
U.S.Government Printing Office,Washington, D.C.20402.
The prime contractor is responsible for the submission of a. Become familiar with the list of specific materials and
copies of payrolls by all subcontractors. supplies contained in Form FHWA-47,"Statement of Materi-
d.Each payroll submitted shall be accompanied by a als and Labor Used by Contractor of Highway Construction
"Statement of Compliance," signed by the contractor or sub- Involving Federal Funds,"prior to the commencement of work
contractor or his/her agent who pays or supervises the pay-
ment of the persons employed under the contract and shall b. Maintain a record of the total cost of all materials and
certify the following: supplies purchased for and incorporated in the work, and
(I)that the payroll for the payroll period contains the also of the quantities of those specific materials and supplies
information required to be maintained under paragraph 26 listed on Form FHWA-47, and in the units shown on Form
of this Section V and that such information is correct and FHWA-47.
complete; c. Furnish, upon the completion of the contract,to the SHA
(2)that such laborer or mechanic(including each helper, resident engineer on Form FHWA-47 together with the data
apprentice,and trainee)employed on the contract during required in paragraph lb relative to materials and supplies, a
the payroll period has been paid the full weekly wages final labor summary tall contract work indicating the total
earned, without rebate, either directly or indirectly, and hours worked and the total amount earned.
that no deductions have been made either directly or 2. At the prime contractor's option, either a single report
indirectly from the full wages earned, other than covering all contract work or separate reports for the contractor
Permissible deductions as set forth in the Regulations,29
CFR 3; and for each subcontract shall be submitted.
(3)that each laborer or mechanic has been paid not less V11. SUBLETTING OR ASSIGNING THE CON-
that the applicable wage rate and fringe benefits or cash TRACT
equivalent for the classification of worked performed,as
specified in the applicable wage determination incorpo- 1.The contractor shall perform with its own organization
rated into the contract. contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract)of the
e.The weekly submission of a properly executed certifica- total original contract price,excluding any specialty items des-
tion set forth on the reverse side of Optional Form WH-347 ignated by the State. Specialty items may be performed by sub-
shall satisfy the requirement for submission of the"Statement contract and the amount of any such specialty items performed
of Compliance"required by paragraph 2d of this Section V. may be deducted from the total original contract price before
computing the amount of work required to be performed by the
f.The falsification of any of the above certifications may contractor's own organization(23 CFR 635).
subject the contractor to civil or criminal prosecution under
18 U.S.C. 1001 and 31 U.S.C.231. a. "Its own organization" shall be construed to include
only workers employed and paid directly by the prime Gon-
g.The contractor or subcontractor shall make the records tractor and equipment owned or rented by the prime contrac-
required under paragraph 2b of this Section V available for tor, with or without operators. Such term does not include
inspection, copying, or transcription by authorized employees or equipment of a subcontractor,assignee,or agent
representatives of the SHA, the FHWA, or the DOL, and of the prime contractor.
shall permit such representatives to interview employees
during working hours on the job. If the contractor or b. "Specialty Items" shall be construed to be limited to
subcontractor fails to submit the required records or to make work that requires highly specialized knowledge, abilities,
them available,the SHA,the FHWA, the DOL, or all may, or equipment not ordinarily available in the type of con-
after written notice to the contractor, sponsor, applicant, or tracting organizations qualified and expected to bid on the
owner, take such actions as may be necessary to cause the contract as a whole and in general are to be limited to minor
suspension of any further payment,advance, or guarantee of components of the overall contract.
funds. Furthermore, failure to submit the required records
upon request or to make such records available may be
Form 1273—Revised 3-95
FR-9 08-07-95
Page 12-71
February 1, 1998
EXHIBIT 12-E Local Assistance Procedures Manual
Attachment B PS&E Checklist Instructions
2.The contract amount upon which the requirements set forth misunderstanding regarding the seriousness of these and
in paragraph 1 of Section VII is computed includes the cost of similar acts, the following notice shall be posted on each
material and manufactured products which are to be purchased Federal-aid highway project (23 CFR 635) in one or more
or produced by the contractor under the contract provisions. places where it is readily available to all persons concerned
3.The contractor shall furnish(a)a competent superintendent with the project:
or supervisor who is employed by the firm, has full authority to NOTICE TO ALL PERSONNEL ENGAGED ON
direct performance of the work in accordance with the contract FEDERAL-AID HIGHWAY PROJECTS
requirements, and is in charge of all construction operations
(regardless of who performs the work)and(b)such other of its 18 U.S.C. 1020 reads as follows:
own organizational resources(supervision,management, and
engineering services)as the SHA contracting officer determines "Whoever being an officer, agent, or employee of the United
is necessary to assure the performance of the contract. States, or ahry Stale or Territory, or whoever, whether a
4 Wed or person, association,firm, or corporation, knowingly makes
.No portion of the contract shall be sublet, assigned any false statement,false representation, or false report as to
otherwise disposed of except with the written consent of the the character, quality,quantity, or cost of the material used or
SHA contracting officer, or authorized representative,and such to be used, or the quantity or quality of the work perforated or
consent when given shall not be construed to relieve the con- to be performed, or the cost thereof in connection with the
tractor of any responsibility for the fulfillment of the contract. submission of plans, Wraps, specifications, contracts, or costs
Written consent will be given only after the SHA has assured of construction on any highway or related project submitted
that each subcontract is evidenced in writing and that it for approval to the Secretary of Transportation; or
contains all pertinent provisions and requirements of the prime
contract. Whoever knowingly makes any false statement,false repre-
sentation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or
to be performed, or materials furnished or to be furnished, in
1.In the performance of this contract the contractor shall connection with the construction of any highway or related
comply with all applicable Federal, State, and local laws gov- project approved by the Secretary of Transportation;or
erning safety, health, and sanitation (23 CFR 635). The con-
tractor shall provide all safeguards, safety devices and protec- Whoever knowingly makes any false statement or false
tive equipment and take any other needed actions as it deter- representation as to material fact in any statement, certift-
mines, or as the SHA contracting officer may determine,to be cate, or report submitted pursuant to provisions of the Fed-
reasonably necessary to protect the life and health of employees eral-aid Roads Act approved July 1, 1916, (39 Slat. 355), as
on the job and the safety of the public and to protect property in amended and supplemented;
connection with the performance of the work covered by the
contract. Shall be fined not more that 510,000 or imprisoned not
2. It is a condition of this contract,and shall be made a con-
more than 5 years or both."
dition of each subcontract, which the contractor enters into pur- X- IMPLEMENTATION OF CLEAN AIR ACT AND
suant to this contract,that the contractor and any subcontractor FEDERAL WATER POLLUTION CONTROL ACT
shall not permit any employee,in performance of the contract,to
work in surroundings or under conditions which are unsani-
tary,hazardous or dangerous to his/her health or safety, as de- (Applicable to all Federal-aid construction contracts and to
all related subcontracts of 5100,000 or more.)
termined under construction safety and health standards (29
CFR 1926) promulgated by the Secretary of Labor, in By submission of this bid or the execution of this contract, or
accordance with Section 107 of the Contract Work Hours and subcontract, a
Safety Standards Act(40 U.S.C.333). t appropriate, the bidder, Federal-aid con-
struction contractor,or subcontractor,as appropriate, will be
3. Pursuant to 29 CFR 1926.3, it is a condition of this con- deemed to have stipulated as follows:
tract that the Secretary of Labor or authorized representative
thereof,shall have right of entry to any site of contract perfor- 1.That any facility that is or will t utilized m the der the to inspect or investigate the matter of compliance with Clean of this contract,amended(4 such contract is exempt under the
the construction safety and health standards and to carry out Clean Air Act,as amended(42 U.S.C. 1 er l seq.,as amended
the duties of the Secretary under Section 107 of the Contract C Pub. L. 91-604), and under the Federal Water Pollution
Work Hours and Safety Standards Act(40 U.S.C.333). Control Act, 0 amended(33 U.S.C. 1251 et seq.,ul amended by
Pub.L.92-500), Executive Order 11738,and regulations in im-
IX. FALSE STATEMENTS CONCERNING HIGH- plementation thereof(40 CFR 15)is not listed, on the date of
WAY PROJECTS contract award,on the U.S. Environmental Protection Agency
(EPA)List of Violating Facilities pursuant to 40 CFR 15.20.
In order to assure high quality and durable construction in 2.That the firm agrees to comply and remain in compliance
conformity with approved plans and specifications and a high with all the requirements of Section 114 of the Clean Air Act
degree of reliability on statements and representations made by and Section 308 of the Federal Water Pollution Control Act
engineers,contractors, suppliers, and workers on Federal-aid and all regulations and guidelines listed thereunder.
highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, 3.That the firm shall promptly notify the SHA of the receipt of
thoroughly,and honestly as possible. Willful falsification, any communication from the Director, Office of Federal Ac-
distortion,or misrepresentation with respect to any facts related tivities, EPA, indicating that a facility that is or will be
to the project is a violation of Federal law. To prevent any utilized
Forth 1273—Revised 3-95
08-07-95
FR-10
Page 12-72
February 1,1998
Local Assistance Procedures Manual EXHIBIT 12-E
PS&E Checklist Instructions Attachment B
for the contract is under consideration to be listed on the EPA g.The prospective primary participant further agrees by
List of Violating Facilities. submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibil-
4.That the firm agrees to include or cause to be included the ity and Voluntary Exclusion-Lower Tier Covered Transac-
requirements of paragraph 1 through 4 of this Section X in every lion," provided by the department or agency entering into
nonexempt subcontract,and further agrees to take such action as this covered transaction, without modification, in all lower
the government may direct as a means of enforcing such re- tier covered transactions and in all solicitations for lower tier
quirements. covered transactions.
XI. CERTIFICATION REGARDING DEBARMENT, h. A participant in a covered transaction may rely upon a
SUSPENSION,INELIGIBILITY AND VOLUNTARY certification of a prospective participant in a lower tier cov-
EXCLUSION ered transaction that is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless
1. Instructions for Certification-Primary Covered it knows that the certification is erroneous. A participant
Transactions: may decide the method and frequency by which it determines
the eligibility of its principals. Each participant may, but is
(Applicable to all Federal-aid contracts-49 CFR 29) not required to, check the nonprocurement portion of the
Lists of Parties Excluded From Federal Procurement or
a. By signing and submitting this proposal,the prospec- Nonprocurement Programs" (Nonprocurement List)which is
five primary participant is providing the certification set out compiled by the General Se ices Administration.
below. i.Nothing contained in the foregoing shall be construed to
in good faith the certification t
b.The inability of a person to provide the certification se require establishment of a system of records in order to render
t
out below will not necessarily result denial ca rtification required by this clause. The
knowledge and information of participant is not required to
ipation in this covered transaction. The prospective par- exceed that which is normal(
ticipant shall submit an explanation of why it cannot provide } possessed by a prudent person
the certification set out below. The certification or in the ordinary course of business dealings.
explanation will be considered in connection with the de-
partment or agency's determination whether to enter into this J•Except for transactions authorized under paragraph f of
transaction. However, failure of the prospective prim these instructions, if a participant in a covered transaction
participant to furnish a certification or an explanation shall knowingly enters into a lower tier covered transaction with a
disqualify such a person from person who is suspended,debarred, ineligible,or voluntarily
transaction. P participation in this excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the de-
c.The certification in this clause is a material represents- partment or agency may terminate this transaction for cause or
default.
tion of fact upon which reliance was placed when the depart-
ment or agency determined to enter into this transaction. If it
is later determined that the prospective primary ' ` `
knowingly rendered an erroneous certification,in participant
other remedies available to the Federal Government, the de- Certification Regarding Debarment,
Suspension,Ineligibility and Voluntary
partment or agency may terminate this transaction for cause of
default. Exclusion—Primary Covered Transactions
d.The prospective primary participant shall provide im- 1.The prospective primary participant certifies to the best
mediate written notice to the department or agency to whom of its knowledge and belief,that it and its principals:
this proposal is submitted if any time the prospective primary
participant learns that its certification was erroneous when a.Are not presently debarred, suspended, proposed for
submitted or has become erroneous by reason of changed debarment declared ineligible, or voluntarily excluded
circumstances. from covered transactions by any Federal department or
agency;
e.The terms"covered transaction,""debarred,""suspended," b.Have not within a 3-year eriod
"ineligible," "lower tier covered transaction," "participant," P preceding this
"person" "primary covered transaction," principal," Proposal been convicted of or had a civil judgment ren-
"proposal,"and"voluntarily excluded,"as used in this clause, dered against them for commission of fraud or a criminal
have the meanings set out in the Definitions and Covers a offense in connection with obtaining,attempting
g or performing a public(Federal, State or local)traa obtain,
sections of rules implementing Executive Order 12549. You
may contact the department or agency to which this proposal or contract under a public transaction;violation z Federal
is submitted for assistance in obtainin g COPY a co or State antitrust statutes or commission of embezzlement,
regulations. of those theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen
f.The prospective primary participant agrees by submitting Property;
this proposal that, should the proposed covered transaction
be entered into, it shall not knowingly enter into any lower C.Are not presently indicted for or otherwise criminally
or civilly
tier covered transaction with a person who is debarred, y charged by a governmental entity(Federal, State
suspended,declared ineligible, or voluntarily excluded from or local)with commission of any of the offenses enumerated
participation in this covered transaction, unless authorized in paragraph 16 of this certification;and
by the department or agency entering into this transaction.
Form 1273—Revised 3-95
FR-11 08-07-95
Page 12-73
February 1, 1998
EXHIBIT 12-E Local Assistance Procedures Manual
Attachment B PS&E Checklist Instructions
d. Have not within a 3-year period preceding this ap- the eligibility of its principals. Each participant may, but is
plication/proposal had one or more public transactions not required to,check the Nionprocurement List.
(Federal,State or local)terminated for cause or default.
h. Nothing contained in the foregoing shall be construed
2.Where the prospective primary participant is unable to to require establishment of a system of records in order to ren-
certify to any of the statements in this certification, such der in good faith the certification required by this clause. The
Prospective participant shall attach an explanation to this knowledge and information of participant is not required to
proposal. exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of
2. Instructions for Certification-Lower Tier Covered these instructions, if a participant in a covered transaction
Transactions: knowingly enters into a lower tier covered transaction with a
person who is suspended,debarred, ineligible,or voluntarily
(Applicable to all subcontracts, purchase orders and other excluded from participation in this transaction,in addition to
lower tier transactions of$25,000 or more-49 CFR 29) other remedies available to the Federal Government, the de-
partment or agency with which this transaction originated
a. By signing and submitting this proposal, the prospec- may pursue available remedies, including suspension and/or
tive lower tier is providing the certification set out below. debarment.
b.The certification in this clause is a material representa-
tion of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the Certification Regarding Debarment,
prospective lower tier participant knowingly rendered an er- Suspension, Ineligibility and Voluntary
roneous certification, in addition to other remedies available Exclusion-Lower Tier Covered Transactions
to the Federal Government, the department or agency with
which this transaction originated may pursue available reme- 1.The prospective lower tier participant certifies, by
dies, including suspension and/or debarment. submission of this proposal, that neither it nor its princi-
pals is presently debarred,suspended, proposed for debar-
c.The prospective lower tier participant shall provide ment,declared ineligible,or voluntarily excluded from par-
immediate written notice to the person to which this pro- ticipation in this transaction by any Federal department or
posal is submitted if at any time the prospective lover tier agency.
participant learns that its certification was erroneous by
reason of changed circumstances. 2.Where the prospective lower tier participant is unable
to certify to any of the statements in this certification,such
d.The terms"covered transaction,""debarred,""suspended," prospective participant shall attach an explanation to this
"ineligible," "primary covered transaction," "participant," proposal.
"person,""principal,""proposal,"and"voluntarily excluded,"
as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to XII. CERTIFICATION REGARDING USE OF
which this proposal is submitted for assistance in obtaining CONTRACT FUNDS FOR LOBBYING
a copy of those regulations.
e.The prospective (Applicable to all Federal-aid construction contracts and to
p pective lower tier participant agrees by submit- all related subcontracts which exceed 5100,000-49 CFR 20)
ting this proposal that, should the proposed covered transac-
tion be entered into, it shall not knowingly enter into any 1.The prospective participant certifies, by signing and
lower tier covered transaction with a person who is debarred, submitting this bid or proposal,to the best of his or her knowl-
suspended,declared ineligible,or voluntarily excluded from edge and belief;that:
participation in this covered transaction, unless authorized
by the department or agency with which this transaction a.No Federal appropriated funds have been paid or will be
originated. paid, by or on behalf of the undersigned,to any
in-
fluencing or attempting to influence an officer rr person for employee of
f.The prospective lower tier participant further agrees by any Federal agency,a Member of Congress,an officer or em-
submitting this proposal that it will include this clause ployee of Congress,or an employee of a Member of Congress in
titled"Certification Regarding Debarment, Suspension, In- connection with the awarding of any Federal contract, the
eligibility and Voluntary Exclusion-Lower Tier Covered making of any Federal grant„the making of any Federal loan,the
Transaction,"without modification,in all lower tier covered entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment, or
modification transactions and in all solicitations for lower tier covered of any
transactions. Federal contract,grant,loan,or cooperative agreement.
g.A participant in a covered transaction may rely upon a b. If any funds other than Federal appropriated funds have
certification of a prospective participant in a lower tier cov- been paid or will be paid to any person for influencing or at-
ered transaction that is not debarred, suspended, ineligible, tempting to influence an officer or employee of any Federal
or voluntarily excluded from the covered transaction, unless agency, a Member of Congress, an officer or employee of
it knows that the certification is erroneous. A participant Congress,or an employee of a Member of Congress in connec-
may decide the method and frequency by which it determines tion with this Federal contract,
Form 1273—Revised 3-95
08-07-95
FR-12
Page 12-74
February 1, 1998
Local Assistance Procedures Manual EXHIBIT 12-E
PS&E Checklist Instructions
Attachment B
grant, loan,or cooperative agreement,the undersigned shall certification shall be subject to a civil penalty of not less than
complete and submit Standard Form-LLL, "Disclosure Form to $10,000 and not more than$100,000 for each such failure.
Report Lobbying," in accordance with its instructions.
3.The prospective participant also agrees by submitting his
2. This certification is a material representation of fact upon or her bid or proposal that he or she shall require that the lan-
which reliance was placed when this transaction was made or guage of this certification be included in all lower tier subcon-
entered into. Submission of this certification is a prerequisite tracts, which exceed$100,000 and that all such recipients shall
for making or entering into this transaction imposed by 31 certify and disclose accordingly.
U.S.C. 1352. Any person who fails to file the required
FEDERAL-AID FEMALE AND MINORITY GOALS
In accordance with Section 11, "Nondiscrimination," of 177 Sacramento,CA:
"Required Contract Provisions Federal-aid Construction
Contracts"the following are the goals for female utilization: SMSA Counties:
Goal for Women 6920 Sacramento,CA...................................... 16.1
(applies nationwide)..............(percent)•••••••. 6.9 Placer,CA Sacramento;
9 CA Yolo.
The following are goals for minority utilization: Non-SMSA Counties............................................ 14.3
CA Butte;CA Colusa;
CALIFORNIA ECONOMIC AREA CA El Dorado;CA Glenn;
CA Nevada;CA Sierra;
Goal CA Sutter;CA Yuba.
174 Redding,CA: (Percent) 178 Stockton-Modesto,CA:
Non-SMSA Counties.......................... SMSA Counties:
6.8 5170 Modesto,CA...........................................
CA Lassen;CA Modoc; 12.3
CA Stanislaus.
CA ; Shasta; 8120 Stockton,CA.................................
CA Siskiyokiyou;C CA Tehanta. ••••..... 24.3
CA San Joaquin.
175 Eureka,CA: Non-SMSA Counties............................................ 19.8
CA Alpine;CA Amador;
Non-SMSA Counties...................................... 6.6 CA Calaveras;CA Mariposa;
CA Del Norte;CA Humboldt; CA Merced;CA Tuolumne.
CA Trinity.
179 Fresno-Bakersfield,CA:
176 San Francisco-Oakland-San Jose,CA:
SMSA Counties:
SMSA Counties: 0680 Bakersfield,CA...................................... 19.1
7120 Salinas-Seaside- CA Kern.
Monterey,CA................................................. 28.9 2840 Fresno,CA............................................... 26.1
CA Monterey. CA Fresno.
7360 San Francisco-Oakland,CA................ 25.6 Non-SMSA Counties............................................ 23.6
CA Alameda;CA Contra Costa; CA Kings;CA Madera;
CA Marin;CA San Francisco; CA Tulare.
CA San Mateo.
7400 San Jose,CA............................................. 19,6 180 Los Angeles,CA:
CA Santa Clara.
7485 Santa Cruz,CA........................................ 14.9 SMSA Counties:
CA Santa Cruz. 0360 Anaheim-Santa Ana-Garden
7500 Santa Rosa,CA........................................ 9.1 Grove,CA....................................................... 11.9
CA Sonoma. CA Orange.
8720 Vallejo-Fairfield-Napa,CA................. 17.1 4480 Los Angeles-Long
CANapa;CA Solano Beach,CA........................................................ 28.3
CA Los Angeles.
Non-SMSA Counties.................................. 6000 Oxnard-Simi Valley-
Ventura,
23.2 CA.........................
CA Lake; CA Mendocino; -••••••••••••....•......... 21.5
CA San Benito. CA Ventura.
Form 1273—Revised 3-95
08-07-95
FR-13
Page 12-75
February 1,1998
EXHIBIT 12-E Local Assistance Procedures Manual
Attachment B PS&E Checklist Instructions
6780 Riverside-San Bernardino-
Ontario,CA.................................................... 19.0
CA Riverside;
CA San Bernardino.
7480 Santa Barbara-Santa Maria-
Lompoc,CA.................................................... 19.7
CA Santa Barbara
Non-SMSA Counties............................................ 24.6
CA Inyo;CA Mono;
CA San Luis Obispo.
181 San Diego,CA:
SMSA Counties
7320 San Diego,CA........................................ 16.9
CA San Diego.
Non-SMSA Counties............................................ 18.2
CA Imperial.
In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding
subcontracts, not including material suppliers, of 510,000 or more, shall submit for every month of July during which work is
performed,employment data as contained under Form FHWA PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with
the instructions included thereon.
Forth 1273—Revised 3-95
08-07-95
FR-14
Page 12-76
February 1,1998
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Labor Relations Division
611 W. 6th Street, Suite 800
Los Angeles, GA 90017
(213) 894-8000
(Fax) (213) 894-8113
DAVIS-BACON TRAINING PACKAGE
(helping make compliance easier)
Labor Relations - Representatives
Joey Harper - X3016
Ernestine Napue - X3013
Labor Relations ReferenCe Materials
Specipic Davis-Bacon Related .Act
(statute) for your grogram
29 CFR Parts 1 , 31 51 d & 7 (First
boolz in Title 29 series
24 CSR, (Relevant Part for specific
program W)
Labor .Relations Letters
-tabor Relations Des Guides
(replacing, in steps, HB 1344. 1)
On-the-Marh! series
Desk Guide hR-I http:#hudweb.hud.gov/po/sl/labreiguide/mdex l.htm
Labor Standards Administration
and Enforcement Guidelines
HUD Administered Projects
--------------
-------- .oae.coaocw,wrrrnrimvia�a::>
Special Attention of DESK GUIDE LR-I
Field Labor Relations Staff Revised: AUGUST 1996
Cross References: HB 1344.1 Rev
1, Chg l; DOL Regulations 29
CFR Parts 3 and 5; Labor
Relations Letters LR 92-02, 95-01
and 96-01
TABLE OF CONTENTS
Paragraph Page
PREFACE
CHAPTER 1. STATUTORY AND REGULATORY BASES
1-1 Statutory Provisions 1-1
a. Davis-Bacon Act (!?BA) 1-1
b. Contract Work Hours and Safety Standards Act (CWHSSA) 1-1
c. Copeland Act (Anti-Kickback Act) 1-2
1-2 Fair Labor Standards Act (SSA) 1-2
1-3 Regulatory Provisions 1-2
CHAPTER 2.
LABOR STANDARDS COMPLIANCE PARAMETERS
AND REPORTING REQUIREMENTS
2-1 Introduction 2-1
2-2 Contract Provisions 2-1
2-3 Responsibility of the Principal Contractor 2-1
Section 1 Compliance Parameters
DeA Guide;—R-I http://hudweb.hud.gov/po/sl/labrelguide/indexl.htm
2-4 Definitions 2-1
a. Laborer or Mechanic 2-1
i. Working Foremen 2-2
ii. Exclusions 2-2
b. Employee 2-2
c. Apprentice 2-2
i. Probationary Apprentice 2-2
ii. Pre-apprentice 2-2
d. Trainee 2-2
e. W- ages 2-2
f. Fringe Benefits 2-2
g. Site of Work 2-3
h. Overtime 2-3
2-5 Prevailinia Waaes 2-3
a. Deductions 2-3
b. Proper Classification of Work 2-3
c. Split Classification 2-4
d. Additional Classifications and Wage Rates 24
2-6 Use of Apprentices and Trainees 2-4
a. Registration 2-4
b. Wage Rates 2-4
c. Ratio to Journeyworkers 2-4
d. De-certification 2-4
Section 2 Reporting Requirements
2-7 Payrolls and Basic Records 2-5
2-8 Certified Payroll Reports 2-5
a. CPR Format 2-5
b. Submission Requirements 2-6
C. CPR Preparation 2-6
i. Employee Information 2-6
H. Apprentices or Trainees 2-6
iii. Split Classification 2-6
iv. Hours Worked at Other Job Sites 2-6
d. No Work Payrolls 2-6
e. Weekly Payroll Certification 2-7
f. Falsification 2-7
2-9 Inspection of Records and On-Site Interviews 2-7
2-10 Requests by Outside Parties for Payrolls 2.7
2-11 Confidentialitv 2-8
_r w
Desk Guide LR-I http://hudweb.hud.gov/po/si/labrelguide/indexl.htm
a. Privacy Act Release 2-8
b. DOL Investi,amatory Materials 2-8
CHAPTER 3.
LABOR STANDARDS ADMINISTRATION, COMPLIANCE
MONITORING AND ENFORCEMENT
3-1 Introduction 3-1
Section 1 Basic Responsibilities
3-2 Field Labor Relations Staff Responsibilities 3-1
3-3 Labor Standards Enforcement Files 3-2
a. Project Lead Files 3-2
i. Waize Decision File 3-2
ii. Correspondence/CPR Review File 3-2
iii. Transmittals/Costs Reports 3-3
iv. Deposit/Disbursement File 3-3
b. Contractor/Subcontractor CPR Riles 3-3
Section 2 Routine Compliance Monitoring
3-4 Routine Project Monitoring 3-3
3-5 On-Site Interviews 3-3
a. Representative Sample 3-3
b. Confidentiality 3-4
c. Place and Timine of Interview 3-4
d. Completeness of Information Gathered 3-4
e. Observations and Comments of the Interviewer 3-4
f. Comparison to CPRs 3-4
g. Targeted Employee Interviews 3-4
3-6 Project CPR Reviews 3-5
3-7 Documenting the Review 3-5
3-8 Initial Payroll Reviews 3-5
a. Payroll Format 3-5
b. Addresses and Social Security Numbers 3-5
c. Incomplete Pa, ry olls
d. Classifications and Wage Rates 3-6
e. Apprentices and Trainees 3-6
f. Overtime Hours Worked 3-6
g. Computations 3-7
h. Deductions 3-7
i. Fringe Benefits 3-7
j. Signature
3-7
k. Comparison of CPRs to HUD-11 On-Site Interviews 3-8
3-8
3-9 Conforming Additional Classifications and Wage Rates to the Wage Determination 3-9
Desk Guide:R-I httpJ/hudweb.hud.gov/po/slAabreiguide/mdexi.htm
3-10 Minimum Review Requirements 3-9
3-11 Questionnaires 3-10
3-12 Restitution for Underpayment of Wages 3-10
a. Notification to the Prime Contractor 3-10
i. Correction CPRs 3-10
ii. Employee Signature 3-11
b. Review of Correction CPR 3-11
c. Unfound Workers 3-11
d. Withholdine 3-11
e. Computing Restitution for Apprentices or Trainees 3-11
3-13 Reporting WaLye Restitution of$1,000 or More 3-12
3-14 Falsification of CPRs 3-12
a. Ratio of Laborers to Mechanics 3-12
b. Too Few or Irre,,ular Hours 3-12
c. Discrepancies in Wage Computations 3-13
d. Extraordinary Deductions 3-13
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CHAPTER 1 STATUTORY AND REGULATORY BASES
1-1 STATUTORY PROVISIONS.
a. Davis-Bacon Act (DBA). The Davis-Bacon Act provides that contracts in excess
of 52,000 to which the United States is a part 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 (C% HSSA) The CWHSSA
applies to both direct Federal contracts and to indirect Federally-assisted contracts
except tivhere the assistance is solely in the nature of a loan guarantee or
insurance.
CWHSSA provides that all overtime (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 O/T
violations, the C% HSSA renders the contractor liable to the underpaid workers for
wage restitution and to the United States for liquidated damages. Intentional
violations of CWHSSA standards are considered a Federal criminal misdemeanor.
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
S 100,000 or less. (See also Labor Relations Letter SL-95-01, CTVHS�4
Coverage threshold for overtime and health and safety provisions.)
1-1 5/96
C. Copeland Act(Anti-Kickback Act) The Copeland Act makes it a criminal offense
for any person to induce, by any manner whatsoever, any person employed in the
construction, prosecution, completion, or repair of any public building, public
work, or building or work financed in whole or in part by loans or grants from the
United States, to give up any part of the compensation to which he/she is entitled
under his/her contract of employment. The Act also provides for the submission
of weekly certified payroll reports (CPRs) by all contractors and subcontractors.
Copeland Act CPR requirements do not apply to contacts of S2,000 or less.
1-2 FAIR LABOR STANDARDS ACT (FLSA) The FLSA governs such matters as Federal
minimum wage rates and overtime (O/T). These standards are generally applicable to all
labor performed and may be pre-empted by other (often more stringent) Federal standards
such as the DBRA prevailing wage requirements and CWHSSA O/T provisions.
Authority to administer and enforce FLSA provisions resides solely with the DOL.
1-3 REGULATOR)' PROVISIONS The DOL has published regulations corresponding to DBRA,
CWHSSA and Copeland Act administration and enforcement at 29 CFR Parts 1, 3, 5, 6
and 7. Part 1 explains how the DOL establishes and publishes DBRA wage
determinations and provides instructions on how to use the determinations. Part 3
describes Copeland Act requirements for payroll deductions and the submission of weekly
certified payroll reports. Part 5 covers the labor standards provisions related to Davis-
Bacon Act wage rates and the responsibilities of contracting agencies to administer and
enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal
labor standards on construction and service contracts. Last, Part 7 sets parameters for
practice before the Wage Appeals Board.
5/96 1-2
CHAPTER 2 LABOR STANDARDS COMPLIANCE PARAMETERS
AND REPORTING REQUIREMENTS
2-1 INTRODUCTION. Basic labor standards compliance parameters involve the payment to all
construction laborers and mechanics not less than the prevailing wage rate established in
the wage determination for the type (classification) of work and the hours of work they
actually perform. Contractors and subcontractors and any lower-tier subcontractors
(employers) are required to prepare, certify and submit weekly payroll reports reflecting
all of the laborers and mechanics (employees) engaged in construction on the site of the
work. Employers may also be required to submit related documentation in order to
demonstrate compliance with these standards. This Chapter is divided into two Sections.
The first deals with compliance parameters - what employers are permitted or required
to do. The second section deals with reporting requirements - what the employer must
submit to demonstrate compliance. (See also DOL Regulations 29 CFR Part 5, ,¢5.2 and
§5.5.)
2-2 CONTRACT PROVISIONs. Each contract subject to Federal (Davis-Bacon) labor standards
requirements must contain the appropriate HUD contract provisions containing the labor
standards clauses. These clauses correspond to the DOL Regulations prescribing the
responsibilities of the contractor and obligating the contractor to comply with the labor
requirements. - The labor 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 RESPONSIBILITY OF THE PRI\CIP,-1,L CONTRACTOR. The principal contractor (also referred
to as the prime contractor) is responsible for the full compliance of all employers
(contractor, subcontractors and any lower-tier subcontractors) with the labor standards
provisions applicable to the project. For ease in reference, the term "contractor" shall
mean the principal or prime contractor; "subcontractor" shall mean any and all
subcontractors and lower-tier subcontractors; and the term "employer" shall include the
contractor and any subcontractors and lover-tier subcontractors.
SECTION l COMPLIANCE PARAMETERS
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 CWHSSA. watchmen and guards.
2-1 5/96
I) �Vorkin� foremen Foremen or supervisors that perform construction
work and devote more than 20% of their time as a laborer or mechanic are
treated as "laborers" or "mechanics" for labor standards purposes.
2) Exclusions. Persons whose duties are primarily administrative, managerial
or clerical are not laborers or mechanics.
b Em
21ovee. Every person who performs the work of a laborer or mechanic is
"employed" regardless of any contractual relationship which may be alleged to
exist between a contractor or subcontractor and such person.
See also Labor Relations Letter LR-96-01, Labor standards compliance .
requirements for self-employed laborers and mechanics
C. Apprentice. An "apprentice" is a person employed and individually registered in
a bona fide apprenticeship program, including Step-Up apprenticeship programs
designed for Davis-Bacon construction work. Bona fide programs are those which
have been registered with the DOL, Bureau of Apprenticeship and Training (BAT)
or with a BAT-recognized State Apprenticeship Agency (SAC).
1) Probationary apprentice A person in the first 90 days of probationary
employment as an apprentice in a bona fide apprenticeship program but
m
who has not yet been formally registered in such progra may be
considered an "apprentice"provided that the BAT or SAC has certified that
such person is eligible for probationary employment as an apprentice.
2) Pre-apprentice. A person who is employed as a "pre-apprentice", that is,
in a preparatory position which may result in registration in an
apprenticeship program is not considered to be an "apprentice."
d. Trainee. A "trainee" is a person registered and receiving on-the-job training in a
construction occupation pursuant to a training program approved in advance by the
BAT.
e• Wages. The term "wages" means the basic hourly rate of pay plus an
contribution irrevocably made by a contractor or 'subcontractor (employer) to a
bona fide fringe benefit fund, plan or program.
f. Fringe benefits include medical or hospital care, pensions on retirement or death,
compensation for injuries or illness resulting from occupational activity, or
insurance to provide any of the above; unemployment benefits, life insurance,
5/96
2-2
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 not include benefits required by other Federal, State or local
law.
g. Site of Nvork. The "site of work" is limited to the physical place or places where
the construction called for in the contract will remain when work on it has been
completed. "Site of work" includes other adjacent or nearby property used by the
contractor/subcontractor in the construction of the project (e.g., fabrication sites)
provided they are dedicated exclusively or nearly so to the performance of the
contract or project, and are so located in proximity to the actual construction
location that it would be reasonable to include them.
h. Overtime. Overtime hours are defined as all hours worked on the site of the work
in excess of 40 hours in-any work week. Overtime hours shall be compensated
at not less than one and one-half times the regular rate of basic pay plus the
straiaht-time rate of any required fringe benefits.
2-5 PREVAILING 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 ,vaaes and bona fide fringe benefits computed at rates not less than those contained in
the wage determination. Employers who do not make contributions or payments to bona
fide fringe benefits funds, plans, or programs shall pay an amount equivalent to the fringe
benefit rate (if any) required on the wage determination directly to the employee added
to the basic hourly rate of pay.
a. Deductions. The employer may make payroll deductions as permitted by DOL
ReQulations 29 CFR Part 3. These regulations prohibit the employer from
requiring employees to "kick-back" any of their earnings. Deductions may include
emplo}ee 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 obli-ations legally imposed against
the employee.
b. Proper classification of work. Each laborer and mechanic shall be classified in
accordance with the work classifications listed on the wage determination and the
actual tYpe of work he/she p-crtormzd and shall be paid the appropriate wage rate
and fringe benefits for the classification regardless of the level of skill.
2-3 5/96
C. Split classification Laborers and mechanics that perform
classification may be compensated at the rate specified forreach classifi atio e
Provided that the employer maintains time records that accurately set forth the
time spent in each classification in which work was performed. If accurate
records are not maintained, the employee shall be compensated at the hig time
al! wage rates for the classifications in which work was performed. Z7 of
d. Additional classifications and wage rates. If the wage determination
include a work classification needed for the construction of the project, HUDs not
approve an additional classification and wage rate. may
J
Additional classification criteria and
procedures are discussed m more
detail in DOL;Regulations 29 CFR 5.5 and HUD Handbook 1344.1
2-6 USE OF APPRENTICES AND TRANEES. Apprentices
rates less than prescribed by the wage determinationlfor rtheir craft only on accordance
t
with the following parameters. e
a. Registration. The apprentice or trainee, shall be individually registered in a bona
fide program certified by-the BAT or a SAC.
b. Wagee rates. Each apprentice and trainee shall not be paid less
rate in the registered program for his/her level of progress. If the rate specified
is represented as a percentage of the. jourrneyworker rate for that craft, the
percentage shall be applied to the corresponding wage rate contained in the
applicable wage determination.
C. Ratio to JOumaworkers. The
max-
irrium.
employed on the site of work may otexc exceed the r ratio of aprrenticesor trainees
to journeyworkers permitted to the employer in the certified program. Apprentices
or trainees who are employed at the site in excess of the allowable ratio, shall be
paid the wage rate contained on the applicable wage determination for the
classification of work actually performed. Compliance with the allowable ratio
shall generally be met on a day-to-day basis.
d• De-certification. In the event the BAT or SAC withdraws approval of an
apprenticeship or trainee program, the employer shall no longer be permitted to
utilize apprentices/trainees at less than the predetermined rate for the t yp e of w
ork performed, unless or until an acceptable prog r am is approved.
5/96
2-4
SECTION 2 REPORTING REOuIREMENTS
2-7 PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating to such payrolls shall
be maintained by each employer with respect to his/her 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 anticipated for fringe
benefits;
d. Daily and weekly number of hours worked, including any overtime hours;
e. Deductions made and actual net wages paid;
f. Evidence pertaining to any fringe benefit programs;
g. Evidence of the approval of any apprenticeship or trainee program, the registration
of each apprentice or trainee and the ratios and wage rates contained in the
program.
2-8 CERTIFIED PAYROLL 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
compliance with the labor standards requirements. The principal contractor is responsible
for full compliance with regard to its own workforce and with regard to the compliance
of every 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 form provided that the
LCA Labor Standards Designee can reasonably interpret the information to
monitor employer compliance with the labor standards. Employers are encouraged
to utilize DOL Payroll Form WH-347. The LCA shall make available to each
principal contractor a limited number of copies of the WH-347 for the contractor's
reproduction and use.
1 �
E CAs may obtain copies of the `VH-347 from the HUD Labor Relations
eld staff for their jurisdiction.
b. Submission re uirements CPRs shall be submitted for each contractor/
subcontractor (employer) beginning p
with the first week such employer erforms
work on the site of the work. CPRs shall be submitted promptly followin the
close of each such pay week. g
C. CPR preparation. CPRs for each employer shall be numbered sequentially,
beginning with "1." The CPR for the last week of work to be performed on the
project by each employer shall be clearly marked Final.
1) Employee information. The first payroll on which each employee appears
shall contain the employee's name, address and Social Security Number.
Thereafter, the address and Social Security Number only need to be
reported if there is a change in such information.
2) Apprentices or Trainees The first payroll on which any apprentice or
trainee appears shall be accompanied with a copy of that apprentice's or
trainee's registration in an approved program. A copy of the approved
program pertaining to the wage rates and rations shall also accompany the
first CPR on which the first apprentice or trainee appears.
Split classifications. The division of hours worked in different
classifications shall be accurately maintained and clearly, reported. The
employer may list the employee; once for each classification, distributing
the hours of work accordingly, and reflecting the rate of pay and gross
earnings for each classification. Deductions and net pay may be based
upon the total gross amount earned for all classifications.
4) Hours worked at other Job sites. The CPRs should reflect ONLY hours
worked at the site of work. If an employee performs work at job sites
other than the project for ,,vhich the CPR is prepared, those hours should
not be reported on the CPR. In these cases the employer should list the
employee's name, classification, :hours this project only, and the rate of pay
and gross earnings the this project. Deductions and net pay may be
reflected based upon the employee's total earnings (for all projects) for the
week.
d. "No Work" pavrolls. Employers are riot required to submit CPRs for weeks
during which no work %vas performed on the site of the «-ork provided that the
CPRs are number sequentially or that the employer has provided written notice
that its work on the project has been suspended.
5/96
2-6
e. Weekly payroll 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 writing 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 T2-7) 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 31 of the United States Code.
2-9 INSPECTION OF RECORDS AND ON-SITE INTERVIF-ws. Each employer shall make the
required records (CPRs and related documents) available 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 job site.
Failure by any employer to submit the required records or to make them available, or to
permit on-site employee interviews may, after written notice to the contractor, cause a
suspension of any further payment, advance or guarantee of funds. In addition, failure
to submit the records on request or to make them available may be grounds for debarment
action pursuant to 29 CFR 5.12.
2-10 REQUESTS BY OUTSIDE PARTIES FOR PAYROLLS. In order to protect the personal privac}
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)
unless the employees personal identifiers (e.q., name. address, social security number) are
first deleted.
2-7 5/96
2-11 CONFIDENTIALITY. The identity of any person providing information concerning the labor
standards compliance of any contractor or subcontractor shall not be disclosed in any
manner to anyone other than authorized LCA or.Federal officials unless written consent
is provided in advance by such person. Additionally, any portions of a statement or
written document provided by such person which would reveal the identity of the source
shall not be disclosed without prior written consent. Disclosure of such statements and
documents shall be governed by the provisions; of the FOIA and the Privacy Act of 1974.
a. Privacy Act Release. The LCA Labor Standards Designee shall make available
a Privacy Act Release format to each person making a statement or providing
documentation which alleges underpayment of wages.
The format shall permit
such person to indicate whether disclosure of identity is authorized.
The LCA may develop a form for its rise m its jurisdiction for .this
Purpose. Guidance on the development of such a form may be obtained
'from the HUD Labor'Relatioris :Field Staff.
b. DOL investigatory materials. From time to time, the DOL may furnish
investigatory materials to the LCA or HUD in the course of its administration and
enforcement operations. None of the material, other than computations of back
wages and liquidated damages and the summary of back wages due, may be
disclosed in any manner to anyone other than LCA or HUD staff responsible for
administering the contract without prior approval from the DOL.
5196 2-S
CHAPTER 3 LABOR STANDARDS ADMINISTRATION,
COMPLIANCE MONITORING AND ENFORCEMENT
3-1 INTRODUCTION. Routine monitoring of project CPRs and related documents is performed
to ensure the compliance of all employers with the applicable Iabor standards provisions.
Monitoring identifies possible misunderstandings on the part of the employers,
discrepancies in the record, and violations. Written monitoring reports to the principal
contractor advise the contractor of the status of compliance, provide clarification where
misunderstanding may exist, and advise the contractor of any additional submissions
which may be required to correct discrepancies or to complete the record.
This Chapter is divided into two Sections. The first deals with basic responsibilities and
second with routine compliance monitoring.
SECTION 1 BASIC RESPONSIBILITIES
3-2 LCA RFSPONSIBILITIES. The LCA, through its Labor Standards Designee, is responsible
for the administration and enforcement of labor standards provisions on HUD-assisted
programs administered by the LCA. For each program and proposed project or contract
the Labor Standards Designee shall:
a. Determine the specific labor standards parameters applicable to the project.
b. Obtain the Davis-Bacon wage determination and labor standards contract
provisions applicable to the project from the HUD Labor Relations Field staff and
ensure incorporation of same in the project specifications.
C. Ensure that the wage determination is still current at bid opening or other
appropriate wage determination effective date. (See also DOL Regulations 29
CFR 1;6, and HUD Handbook 1344.1.)
d. Verify the eligibility of the principal contractor.
e. Conduct a Preconstruction Conference to inform and instruct the contractor and
subcontractors concerning their wage and reporting obligations.
f. Identify and initiate requests for additional classifications and wage rates needed
for the construction of the project.
g. Perform timely routine monitoring reviews of CPRs and related submissions for
compliance with the labor standards.
12 1 5/9C
h. Notify the principal contractor in writing of any labor standards deficiencies and
required corrective actions.
i. Investigate complaints of underpayment or other labor standards violation. (HUD
Labor Relations Field staff are available to provide technical support in the
conduct of investigations.)
j• Prepare and submit to HUD reports on all enforcement activity.
k• As necessary, refers cases for administrative hearing
2 and/or makes recommendations for debarment (29 CFR, ParF 5, §5.12)5, §5•11)
1 As necessary, requires escrows to ensure the payment of outstanding wage or
liquidated damages liability.
M. Disposes of any escrow accounts established for labor standards purposes.
n• Establishes and maintains full documentation of all labor standards administration
and enforcement activities.,
3-3 LABOR STANDARDS ENFORCEMENT FILES. The LCA Labor Standards Designee is
responsible for the creation, maintenance and preservation of labor standards enforcement
files for each project. The files shall be kept up-to-date, maintained in a consistent
manner, and secured for the Iife of the active monitoring of the project and preserved for
at least three (3) years following the completion of the project and the final disposition
of any compliance issues. The Labor Standards Designee shall establish a system of labor
standards enforcement files for each covered project. The following is a record system
it which may be used:
a. Proiect Lead Files Three lead files are established for each project. Each lead
file bears the name of the file and the name and number of the project.
1) Wage Decision File. This file contains the applicable wage determination
and copies of letters transmitting; the wage determination to the project
principals, the wage transcript schedule, an), additional classifications and
Ixage rates processed, primary project information including, for example,
copies of the SF-308, Request for Wage Determination and Response to
Request, contract award clearance, record of contractor eligibility
verification, Preconstruction Conference Minutes, confirmation of contract
av,'ard date, start of construction notice, 100% completion notice, final
payment clearance, and confirmation of final payment.
2) Correspondence/CPR Review File This file contains copies of all general
correspondence and all project CPR review ]etters pertaining to the project.
5/96
3-2
3) Transmittals/Cost Reports. This file contains copies of any transmittals
from the contractor that accompany CPR submissions and copies of any
contract payment requests, construction progress reports and trip reports
furnished by construction inspectors.
A fourth Lead File may be necessary where an escrow account is established at
the close of the project.
4) Escrow/Disbursement File. This file contains the escrow aareernent and
schedule, evidence of deposit, copies of determinations of wages due and
schedule of unpaid wages due, copies of locator letters, copies of vouchers
for payment or refund, copies of checks (restitution and refund) and
evidence of mailing and receipt (certified mail tickets and receipt cards),
and copies of tax statements and transmittals for restitution payments.
b. Contractor/subcontractor CPR Files A separate file is established for each
employer submitting CPR's for the project. The file bears the name of the
employer and the project name and number. The file contains all CPR's,
correction and supplemental CPR's submitted by the employer, HUD-11 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 PROJECT MONITORING The LCA is responsible for conducting routine
monitoring of contractor/subcontractor compliance. The two key aspects of routine
monitorin, include on-site interviews with laborers and mechanics employed. on the
project and regular reviews of project CPRs.
3-5 ON-SITE INTERVIEWS Project inspectors, either the LCA Labor Standards Designee or
other LCA inspectors, are responsible for conducting on-site interviews with laborers and
mechanics and recording the information gathered on form HUD-11, Record of Employee
Interview. HUD Labor Relations Staff are available to provide training and technical
assistance, as needed, to the LCA Labor Standards Designee or other project inspectors
concerning the conduct of such interviews.
a. Representative sample. 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
sufficient to establish a representative sample will vary between projects depending
on the nature, size and duration of such projects.
b. Confidentiality. Each employee interviewed shall be informed that the information
given during the interview is confidential and that his/her identify will only be
disclosed with the prior written consent of the employee. (See Confidentiality, T2-
11)
C. Place and timing of interview. All employees working on the site of the project
shall be made available during working hours for on
by authorized
representatives of HUD and the DOL. The interview shall be conducted on the
premises at a place and for a duration that shall permit privacy for the employee
and cause the least amount of disruption to the on-going work.
d. Completeness of information gathered_ The inspector shall ensure that all of the
information requested on the HUD-11 interview form is complete and accurately
reflects the project identification, date of interview and employee statements.
e. Observations and comments of the interviewer. The on-site observations of the
interviewer are particularly important, especially where underpayments are
indicated. The inspector shall make careful note of his/her observations on the job
site, particularly with respect to the duties actually,performed by the employee and
any tools used. In addition, the interviewer's comments shall indicate whether the
employee's statements and the interviewer's observations are consistent. Any
discrepancies shall be noted by the interviewer on the HUD-11 in the space
provided. The interviewer shall sign and date the HUD-11 at the completion of
the interview.
f. Comparison to CPRS. Completed HUD-I I's shall be promptly, forwarded to the
Labor Relations Staff. The HUD-11's shall be compared to the corresponding
CPR during regular project CPR reviews. The result of the comparison, including
any discrepancies, shall be noted in the space provided for the payroll examiner's
comments. The payroll examiner shall sign and date each HUD-I1 at the
completion of such comparison.
g. Targeted employee interviews Where the comparison of HUD-I I's to CPRs or
other reviews indicate that underpayments exist, it may be appropriate to target
interviews to particular laborers or mechanics or to the employees of a certain
employer(s). In such cases, the Labor Standards Designee shall conduct or request
the appropriate project inspector to target on-site interviews, accordingly.
5/96 3-4
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 should in no case exceed
90 days.
The frequency of CPR reviews must be sufficient to ensure compliance.
Projects of shorter duration, e.g.; one 'or two months, will require more
frequent reviews.: -
3-7 DOCUMENTING THE REVIEW. Reviews are documented by the written report to the
principal contractor explaining the results of the review. The principal contractor shall
be permitted 30 days within which to provide missing documentation, and correct any
discrepancies or violations, including any underpayments of wages.
3-8 INITIAL PAYROLL REVIEWS. The CPR reviews for the first weeks (e.g., 4 to 5 weeks,
depending on the duration of the project) each employer is performing work on the job
site shall be comprehensive. These reviews may provide a pattern of satisfactory labor
standards performance on the part of the employer in which case subsequent reviews may
be less intensive for that employer. Initial CPR review parameters and corrective actions
required of the contractor shall include the following aspects:
a. Pavrolr format. Employers are urged to use Payroll Form `VH-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
containing the identical wording on the WH-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 security numbers Each employee's address and social
security number shall be reported on the first payroll on which the employee
appears. Afterward, the employer may omit this information provided that there
are no other employees with the same name (so that one can be distinguished from
the other) and that any change in such information is promptly reported.
I
E
Address/SSANCorrections. Employers shall be required to submit a supplemental
CPR or other written documentation reflecting any missing addresses or social
security numbers.
C. Incomplete payrolls CPRs shall be examined to determine if they include all of
the required information.
Incomplete CPR Corrections If information is missing, the contractor shall be
asked to submit a corrected or supplemental CPR. In no case shall a CPR be
returned to the contractor.
d. Classifications and ,vase rates. The work classifications and wane rates reported
on the CPRs shall be compared with the corresponding items on the wage
determination to ascertain whether the classifications are consistent with those
listed on the wage determination and the wage rates reported are at least equal to
the rates required by the wage decision.
Work Classification and Rate Corrections Employers shall be required to
reclassify employees in accordance with the wage determination or may request
an additional classification and wage rate. In the absence of a conformance
request where underpayments are reflected on the CPR, the employer shall be
required to begin paying the required wage rate and to make restitution to the
effected employees. See restitution procedures in '3-12.
e. Apprentices and trainees The first CPR on which an apprentice or trainee appears
shall be accompanied by a copy of that apprentice/trainee's individual registration
in a bona fide apprenticeship or trainee program. In addition, the employer shall
provide a copy of the program relating to the allowable ratio of apprentices or
trainees to journey,�yorkers and the apprentice or trainee wage schedule. The ratio
of apprentices or trainees to journey,,vorkers on the job site may not exceed the
ratio permitted to the employer in the approved program. Compliance with the
ratio shall be reviewed on a daily basis. In addition, each apprentice or trainee
shall be compensated in accordance with the wage schedule in the approved
program based upon their level of progress.
Apprentice/Trainee Corrections., The employer shall be required to submit a copy
of an)- registrations, or program ratio and «•age rates which %sere not provided
with the first CPR on which an apprentice or trainee appears. Unregistered
apprentices or trainees and any apprentice or trainee employed on the job site in
excess of the allowable ratio shall be entitled to the wage rate on the wage
decision for the classification of work actually performed and shall be paid
restitution, accordingly. [See also, compliance instructions related to appf entices
and trainees, at T2-=1 (c) and (d) and restitution at 3-12(e).J
5196 3.6
f. Overtime hours worked. Weekly hours shall be reviewed to determine whether
overtime hours were worked and properly compensated.
Overtime Corrections. 1) Where CWHSSA overtime violations occur, the
contractor shall be required to pay restitution to the effected employees, and shall
be notified of liability for liquidated damages.
2) Only overtime hours worked on the covered project are subject to CWHSSA
compensation. Overtime hours worked at other locations (i.e., non-covered sites)
are subject to Fair Labor Standards Act overtime provisions. The contractor shall
be notified of any apparent FLSA violations. The Labor Standards Designee may
refer the matter to the DOL for further review.
g. Computations. Payroll computations (hours worked times rate of pay) and
extensions (deductions, net pay) shall be spot checked to determine whether the
payrolls are accurate. Infrequent minor errors may be ignored.
Computation Corrections. Frequent errors shall be brought to the contractor's
attention instructing the employer to exercise greater cafe. Restitution shall be
required where underpayments resulted from such errors.
h. Deductions. Deductions shall be reviewed for any non-permissible, unauthorized
or otherwise unusual activity. Deductions may only be made in accordance with
DOL Regulations 29 CFR Part 3. (See also, Tj2-5(a).)
Deduction Corrections. Employers shall be required to submit written
authorization by any employee for deductions v.,here 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.
Written employee authorization is not required for income tax and Social
Security .deductions.
i. Fringe 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).
Fringe Benelt Corrections Employers shall be required to submit corrected
CPRs where the CPR does not indicate: how the employer met any fringe benefit
obligation contained in the wage determination. If fringe benefits are contained
in the wage determination and the employer does not participate in a bona fide
fringe benefits program(s), the employer shall pay the cash equivalent(s) of the
required fringe benefits directly to the employees with the basic rate of pay.
Where underpayments have occurred the employer shall be required to make
restitution to the effected employees.
j• Signature. Each CPR Statement of Compliance shall bear the original signature
of the owner or an authorized payroll officer.
Si_ yiature Corrections Where any CPR is not signed by the owner, or does not
bear an original signature, or has been signed by an unauthorized person, the
employer shall be required to submit a corrected Statement of Compliance bearing
a proper original signature or an authorization for such person to execute the
Statement of Compliance.
Only one Statement 'of Compliance is.required, for :each':-employer's
weekly CPR regardless of the number of pages needed to report
employee.data:
k. Comparison of CPRs to HUD-11 on-site-interviews. The information recorded on
HUD-11 interview forms shall be compared to the corresponding CPR. The
payroll examiner shall note the results of the comparison, including any
discrepancies, and sign and date the interti•iew form.
Ojr-site Interview Corrections. Any discrepancies shall be brought to the attention
of the contractor. The contractor shall be required to submit a correction CPR to
resolve. the discrepancies. Only the name of the employee interviewed, the date
of the interview and the interviewer's observations can be released to the
contractor; any statements of the employee can not be disclosed without prior
written consent from the employee.
The employee's name can be released since every employee must be
made available for interview on the job site. This limited disclosure is
a function of the interviewer's observation rather than a disclosure of the
employee's statements.
5/96
-s
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,
§5.5(a)(1)(ii)(A).)
3-10 MINILIUM 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 corresponding classifications of ,vork.
g. That any overtime hours have been compensated properly.
h. That required deductions (e.g., income taxes) appear reasonable and "Other"
deductions have been authorized in writing by the employee.
i. That the employer has indicated how fringe benefits have been paid where fringe
benefits appear on the wage determination (e.Q., 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-11s
agree with the corresponding CPRs.
:rot
3-11 QUESTIONNAIRES Questionnaire packages are mailed to employees where there is reason
to doubt the accuracy of the payrolls and underpayments are suspected. Questionnaires
are used to test the accuracy of the payrolls, obtain the employees' version of working
conditions, and to secure signed statements that may develop complaints of underpayment.
Any language in the questionnaire package shall be objective, informing the employee that
he/she is working on a project subject to labor standards provisions and that the LCA is
gathering informti
aon to ensure compliance and shall contain a statement that assures the
employee of confidentiality. The package shall include a work calendar (for transcription
of hours worked on the project) and a Privacy Act Release. The Labor Standards
Designee may develop a standard questionnaire package format for its use.
Questionnaires may also 'be mailed on a very limited basis to random
employees to test CPR accuracy where there is no allegation`_or
suspicion of underpayment.
3-12 RESTITUTION FOR UNDERPAYMENT OF WAGES. Where underpayments of wages
occurred, the employer shall be required to make restitution to the effected worke se
Restitution shall be made promptly and in the full amounts due, less permissible and
authorized deductions.
a. Notification to the Drime contractor. The Labor Standards Designee shall
promptly notify-the principal contractor in writing of any underpayments disclosed
in CPR monitoring or other reviews. Thze notice shall describe the underpayments,
instruct the contractor to compute the amounts of restitution due and to pay the
additional wages directly to the employees, and provide instructions for
documenting the restitution paid. The principal contractor shall be permitted 30
days in which to correct the underpayments. Note that the principal contractor is
responsible for ensuring that restitution is paid. If the employer is a subcontractor,
the subcontractor will usually make the computations and restitution payments and
furnish the required documentation through the principal contractor.
Employers are no Ionger required to submit checks (certified or
otherwise) to correct underpayments. Restitution payments are reported
and certified by the employer on a. correction payroll.
1) Correction CPRs. The contractor shall be required to report the restitution
on a correction CPR. The correction CPR shall reflect the previous CPRs
or period of time for which restitution is due (e.g., Payrolls rl through ?6;
or a beginning date and ending date e
Th, CPR shall list each employee
to whom restitution is due and their work classification; the total number
of work hours involved (daily hours are generally not applicable in this
5196
3-10
case); the adjustment wage rate (the difference between the required wage
rate and the wage rate paid); the gross amount of restitution due;
deductions and the net amount to be paid. A properly executed Statement
of Compliance shall accompany the correction CPR.
2) Emplovee signature. 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
writing 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. Withholding. If the violations are not corrected within 30 days .after notification
to the principal contractor, the Labor Standards Designee may cuse withholding
from payments due to the contractor of an amount necessary to ensure the
payment of restitution and,. if applicable, to cover any liquidated damages
computed for overtime violations pursuant to the CWHSSA. Only the amounts
necessary to meet the contractor's liability shall be withheld.
e. Computing restitution for apprentices or trainees. Where the Labor Standards
Designee finds that apprentices or.trainees have been employed on the project in
excess of the allowable ratio, or that unregistered apprentices or trainees have been
employed on the project, restitution shall be computed for the effected employees.
Computations shall be made as to the wage rate(s) contained in the applicable
wage decision for the type of work actually performed Where there is a question
as to the proper classification of work for restitution purposes, both the employer
and effected employees should be consulted.
The type of tivork performed by an apprentice/trainee is not necessarily_
the target journeyman classification for-which the apprentice or trainee_
was to . receive training... . Bear in mind that many first year
apprentices/trainees are assigned to "laborer" type duties. i
3-13 REPORTING WAGE RESTITUTION OF $1.000 O1� I`TORE.
Of a single 'employer (contractor or subcontractor Whenever the wage
Standards Designee shall prepare a labor standards enfor underpayments
La or
) total $1,000 or more, the Labor
DOL Regulations 29 CFR 5.7(b)- cement report in accordance with
Relations Field staff for that jurisdictions (,S e
also, be submitted to the.
Submission requirements for §S. Labor Standards o, Labor Relations Letter SD 92-02,
forcemeat Reports)
3-14 FALSIFICATION of CPRs. Contractors who willfully violate
may falsify CPRs to conceal the violations. A willfully violatinloont standards provisions
contain indicators that permit Labor Standards
falsified. Where falsification is suspected, it may be a contractor's CPRs often
to the employees and to request HUD-1 anee to determine whether CPR's are
to gather more information independent y appropriate to send questionnaires
1 interviews targeted to those employees in order
of any violations. p eat of the CPR's to determine the nature and extent
In order to resolve violations involving falsified CPR's, it is often
r investigation to determine the true work and «,age payment necessary to conduct
"reconstruct" the payroll. It is important to realize that even wh e activity
in some aspects, other It
may be accurate. and to
CPR's are falsified
CPR's are rarely falsif ed -in ALL respects. For example, t
may accurately report the identity of the emplo}ees u'orkirih o mployer
as well as the work classification, rate of a g th, site
but falsify (e,g., reduce pay and gross:,acid rzef earntn s
the hours worked in order o give the
appearance of compliance. Therefore, it is just as imporfanf to learn
what -CPR Therefore,may be reliable as it is to` iderifi
information is false.
fy what
Common indicators of.falsification and willful violations follow.
a. Ratio of laborers to mechanics. Except for concrete, landscaping
contractors, the ratio of laborers to mechanics should not exceed 1 1.
P o and similar
ratio of Laborers normally indicates misclassification, that is, the Laborers
likely performing some or all of mechanic's work. The false informatio s are
CPR may be limited to the classification of work. n on the
b• Too few or irregular hours. Most workers are employed on a reQu r a
week basis. CPRs that consistently reflect less than 40 hours per �uzek for all per
certain groups of employees, or that reflect erratic work schedules (e.g., the crew
works only a few hours per day scattered throua ,.
the hours may have been reduced to ive the gout the ��or�.«eek), indicate that
falsification in these cases may be limited to the hours N�orkedcompIlance. The
5196
3-12
C. Discreoancies in wage computations CPRs that reflect frequent discrepancies in
wage computations, e.g., even gross wage payments ($400/week) computed from
an uneven hourly wage rate (S 15.67/hour), indicate that the employees may be
working on a piece rate basis or at an even (S 10/hour) wage rate. Here, the
falsification may involve the hours worked or the rate of pay, or both.
d. Extraordinary deductions Unexplained or unusually high deductions may indicate
that the employee is being required to kick-back a portion of their earnings.
While this would indicate willful violations, it does not necessarily indicate
falsification. The information on the CPR may otherwise be accurate.
The HUD Field Labor Relations staff shall be promptly informed where compliance
reviews disclose possible falsification of CPRs. The HUD Labor Relations staff shall
determine whether an investigation is warranted based upon its review of the information
provided by the LCA.
I I I
E Q U A L E M P L O Y M E N T R E G U L A T I O N S
I
AFFIRMATIVE ACTION COMPLIANCE
GUIDELINES FOR CONSTRUCTION AND
NON-CONSTRUCTION CONTRACTORS
IMPLEMENTING ENTITIES
AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR
CONSTRUCTION AND NON-CONSTRU M ON CONTRACTORS
These Affirmative Action Compliance Guidelines ha n C. Exemptions:
been designed to provide the Implementing Entity The g f011owin persons / contracts (as
information pertaining to the contractor's work force.
It is the Intent of these guidelines to insure that (econtractbycompliancempofficer) shall t'be
equal opportunity for employment is Practiced by the uempt from this program:
contractor without regard to race, age,
religion, ancestry, national origin, marital status, 1. Sole Source
or handicap. These guidelines provide the minimum
information necessary to prepare an Affirmative Action
lations 2. Emergency Requisitions
1 with Federal regu
Plan that will Comply
regarding Affirmative Action for federally assisted which
protects. In the event that the Ing entity address S• by the Contracts
tractoraprioreto eCccober
Compliance Program of the implementing Y
ma be 1, 1978.
these minimum guidelines, that program
utilised. Contractors are urged to contact the p. Churches
utilized. Action Officer of the implewntinge tiny
for any necessary technical assistance in preparing
g qualiiied for
their Affirmative Action Plan if they are considering ae exemption contractor
should contact the Contract
bidding under this contract. Compliance Officer for verification.
I. AFFIMATIVE ACTION COMPLIANCE PROGRAM
A. The Affirmative Action program embodies the II. MLTNOO FOR SATISFYING AFFIRMATIVE ACTION PLAN
following principals:
1. Discrimination because of raee�aLi national A. contractors Action Plan
metf by one cc Me
age, sex, religion, ancestry, following methods:
origin, marital status, or handicapped
status is inconsistent with the _ded the
constitution, laws, and policies of the 1' contract to being
the onractor must have
United States, State of California and both of the following dcc=er.•s
County of San lernardino.
approved by the implementing
2. In accordance with Executive Order Contract Compliance Officer.
11244, the implementing entity is a. A statement of the contractor's
committed to insuring that there be eon Affirmative Action Policy
discrimination by vendors, contractors
(including professional services and including methods of recruiting
consultants), lessors, or lessees doing _ _ minorities and women. if the
business With the implementing entity. contractor doss not have
_ Affirmative Action Policy, the
attached model policv may be
D. Contractors required to file an Affirmative adopted by the contractor.
Action Plan. b. The "Contract Compliance Walt-
1. All contractors who ass submitting to tying Report for Construction
the implementing entity a bid or offer Cmtsactor" (attached).
on a CONSTRUCTION CONTRAQ and Wbo are
doing business an the amount of 510,000
or more with the implementing entity is 2. Evidence of a currently approved
any one fiscal year or employ ten (10) Federal or State of California
or more employees, must have an Affirmative Action Plan.
approved Affirmative Action Plan unless
exempt, prior to the award of sueli
contract. 3. Certificate of Annual preq_a.i•
ficstion issued by the implementing
2. All contractors and vendors who are entity Contract Compliance Officer.
submitting to the implementing entity a "Annual Pre uli-
bid or offer on a AONComSTRUCTION a. c receive contractor cuss:
CONTRACT in the amount o ,
more, must have an approved Affirmative
Action Plan unless aAw*t, prior to the Complete the implementing entity
award of such contract or bualness. Affirmative Action "Contract
1. All subcontractors rendering services Compliance Qualifying Report"
or supplies to the contractor in the with employment goals for the
amount of 510,000 or more, must have an next three years; and submit to
approved Affirmative Action Plan unless the Contract for approval Compliance Affirmative
exempt, before the subcontractor
commences work.
Action Policy including methods of g. Appeal Procedure.
recruiting minorities and women. The
contractor is required to submit an 1. A contractor who has submitted a
Affirmative Action Compliance Plan program which is not approved by
annually for subsequent prequali- the Contract Compliance Officer may
fication. appeal that determination to the
implementing entity's legislative
Contractors desiring to act as body through their Administrative
subcontractors may receive annual Officer. All appeals shall be in
prequalification and be placed upon a writing, signed by the person
list of annually prequalified sub- appealing or that person's
contractors which will be mace avail-
able b the Contract Compliance Officer authorised representative and snail
y p be filed with the Contract
to prime contractors to facilitate Compliance Officer within ten (10)
their choice of subcontractors. working days after receiving notice
a. Affirmative Action Plan For Non-Construction
of disapproval.
Contractors can be met as follows: 2. The appeal should explain the
1. Prior to being warded the contract reason why the action of the
t , Contract Compliance Officer should
the contractor must have the "Contract
not have been taken. Failure of
Compliance Qualifying Report for the contractor to appeal within ten
Non-Construction Contractors and (10) working days of notice of
Vendors" (attached), approved by the disapproval shall make the action
implementing entity contract compliance taken by the Contract Compliance
officer. In addition, the contractor Officer final.
or vendor may be requested to submit to
the Contract Compliance Officer C. On-site visits may be conducted to
additional information concerning the verify the accuracy of the contractor's
contractor's Affirmative Action Affirmative Action statistical data. In
policies. addition, contractors will be required
to annotate entries - on their payroll
C. Affirmative Action Plan for Subcontractors reports with the following codes:
can be met as follows:
A Lhite (not of Hispanic origin): A11
1. Prior to a subcontractor starting work persons having origins in anv of
for a contractor, the subcontractor the original peoples of Europe,
must comply with Part II, Section A North Africa, the !fiddle East, or
above for construction subcontracts and the Iodlsn subcontinent.
II, Section •a above for
non-construction subcontracts. The g Slack (not of Hispanic origin): All
contractor is responsible to ensure persons paving origins in any of
that all of his subcontractors are in the black racial groups.
compliance.
2. Contractors are encouraged to use C ' Nispaanic: All persons of Mexico,
subcontractors who have been approved Puerto Rican, Cuban, Central or
for annual pregw South American, or other Spanish liflcatioo (if Culture or origin, regardless of
available). race.
ID Asian or Pacific Islanders: All
I. :.'.:ERACTION 6'ITH THE COhTRAC3 COMIA1= persons having origins in any of
C.ICE the Far East, Southwest Asia or the
Pacific Islands. This area
A. The Contract Compliance Officer will includes, for example, China,
review each Affirmative Action Program Japan. Korea, the Philippine
as submitted.
Islands and Samoa.
If the contractor's Affirmative Action E American Indian or Alaskan Native:
Plan is not approved by the Contract All persons having origins in any
Compliance Officer, the Contract of the original peoples of North
Compliance Officer shall notify the America.
contractor of the reasons for
disapproval of the plan, and of the M • MALE g}p1,OE
implementing entity's requirements for an
acceptable plan. the contractor shall be F . FEMALE D
allowed ten (10) working days In which to
develop and submit a revised Affirmative H HANDICAPPED EMPLOYEE
Action Plan for review and approval by the
Contract Compliance Officer. V - VIETNAM-ERA VETERAN
DLFINITIONS I. "Local Labor Market" weans the entire
San bernardinc, Riverside, Ontario labor
Unless • provision of a contract otherwise market. (Standard Metropolitan
requires, certain works and phrases shall be Statistical Area).
defined as follows: J. 'Minorities" means rembers of the
A. •'Affirmative Action" is a commitment to following racial or ethnic groups: Black
increase the number of members of protected (not of Hispanic origin); Hispanic;
classes in the work force by setting Asian or Pacific Islander; American
employment goals and timetables, including Indian or Alaskan native.
action programs to achieve objectives
through reform of the systea. Affirmative K. "Nonconstruction Contract" means any
Action seeks to ensure that discrimination contract Which does not fall within the
is eliminated in all dealings With employees definition of "Construction Contract".
or applicants tar employment whether the he
discrimination is intentional or L. "Officer"f means plescntingcen��yliance Affirmative unintentianal. In addition,
Action seeks to improve job standards and
productivity through the removal of M. "Persons" means any individual, firm,
artificial and unnecessary barriers to cc-partnership, public service, point
employment and promotion and ensure that all venture, association, social club,
job actions are related to fob performance estate atru or renew ionsyndicate corporation,
city,
measures. town q, municipal corporation, district
L. "Approved Programs" are those which the or other political subdivision, or any
Contract Compliance Office of the other group or combination acting as a
implementing entity have deemed in unit.
compliance with this program.
N. "Protected Class" scans those groups of
C. "Construction Contract" means a contract individuals covered or protected against
which calls for the construction, discrimination by the various Federal
rehabilitation, alteration, conversion, and State civil rights laws as now in
extension, demolition or repair of existence or as as hereaiter amended by
buildings, highways or other changes or Faderai or State 18W-
improvements providing utility services.
0. "Sole Source" scans a contract in Which
D. "Contract" means a purchase order, offer and the non-implementing entity part7 is in
acceptance, lease, agreement or other a unique position to fulfill the
arrangement creating an obligation to which implementing entitie s needs, as
the implementing entity is a party, which determined by the Contract Compliance
would make one of the parties within the Officer, after consideration of
definition a contractor. practical alternative.
1. "Contractor" means all persons (including P. "Subcontractor" sears any person who
general contractors and prime contractors) agrees with any contractor who has a
who provide, or offer to provide to the contract with the isplesenting entity to
implementing entity, labor or services of furnish supplies, goods, or services to
any kind or type pursuant to a construction such contractor.
contract with the County.
Q. "L'nderutiliution" seers having fewer
F. "Implementing Entity" Beans public minorities or woman in a particular Job
jurisdiction who is administering the classification than would reasonably be
contract. expected by their availability.
G. "Employee" means one who performs work R. Vietnam-Era Vetsrsn" scans a person who:
for compensation, or a person who is
permanently or regularly employed by the 1. Served on actual duty for a period
contractor or subcontractor. of sore than Igo days, any part of
Which occurred between August S,
H. "Handicapped Status" means any person 1964, and May 7, 1975, and was
who: discharged or released therefrom
with other than a dishonorab:t
1. Has a physical or mental impairment discharge, or
which substantially limits one or
more of such person's mayor life 2. 4s discharged or released from
activities active duty for a service-connected
disability if any part of such
2. Has a record of such impairment or, active duty was performed between •
August S, 1964, and hay 7, 1975.
3. Is generally regarded as having
such an impairment. S. women" means female embers of racial
and etbnic minority and nonsincrity
group•
EQUAL OPPORTUNITY REQUIREMENTS
1. Contractor agrees to fully comply with the laws and programs
( including regulations issued pursuant thereto) which are listed
following this paragraph. Such compliance is required to the
extent such laws , programs and their regulations are, by their
own terms, applicable to this contract. Contractor warrants that
he will make himself thoroughly familiar with the applicable
provisions of said laws, programs, and regulations prior to
commencing performance of the contract. Copies of said laws,
programs, and regulations are available upon request from the
implementing entity's Contract Compliance Officer. To the extent
applicable, the provisions of said laws, programs and regulations
are deemed to be a part of this contract as if fully set forth
herein.
2. Vietnam Era Veterans' Readjustment Assistance Acts of 1972 and 1974,
as amended. Pub. L. 92-540, Title V. Sec. 503 (a), Publ. L. 91-508,
Title IV. Sec. 402 138 USCA 2011-2013) .
3. Rehabilitation Act of 1973, as amended (Handicapped) Pub. L. _
93-112 as amended. 129 USCA 701-794).
4. California Fair Employment Practice Act. Labor Code Secs. 1410
at seq.
5. Civil Rights Act of 1964; as amended (42 USCA 2000a to 2000H-6) and
Executive Order No. 11246, September 24, 1965, as amended.
6. The Contractor will include the provisions of Equal Employment
Opportunity (EEO) - Executive Order MO) 11246 as amended by-
EO 11375 in every subcontract or purchase order unless exempted by
rules, regulations or orders of the Secretary of Labor issued pursuant
to Section 204 of Executive Order 11246 of September 24, 1985, as
amended so that such provisions will be binding upon each subcontractor
or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the contracting agency may direct as
a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however. that in the event the Contractor
becomes involved in, or is threatened with, litigation with a
subcontractor or vender as a result of such direction by the contracting
agency, the Contractor say request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal
opportunity clause with respect to its own esploysent practices when
it participates in federally assisted construction work: Provided, that
if the applicant so participating is a State or local government, the
above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not
participate in work on or under the contract.
EQUAL OPPORTUNITY REQU11 ttTS
Pase 2 of 2
6. (Cont'd)
The applicant agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations , and relevant orders of
the Secretary of Labor, that it will furnish the administering agency
and the Secretary of Labor in obtaining the compliance of contractors
and subcontractors with the equal opportunity clause and the rules,
it
regulations, and relevant orders of the Secretary of Labor, labor such
will furnish the administering agency and the Secretary of
information as they may require for the supervision of such compliance,
herwise assist the administering agency in the
and that it will ot
discharge of the agency's primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order 11246
of September 24, 1965, as amended with a contractor debarred from, or
who has not demonstrated eligibility for Government contracts and
federally assisted construction contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive Order. In addition,
the applicant agrees that if it fails or refuses to comply wit these
undertakings, the administering agency may take any or all of the
following actions: Cancel, terminate, or suspend iTe�r le from part
this grant (contract, loan, insurance, guarantee),
extending any further. assistance to the applicant under the program
with respect to which the failure or refund occurred until satisfactory
assurances of future compliance has been received from such applicant,
and refer the case to the Department of Justice for appropriate legal
proceedings.
In addition to the above, Contractor will furnish all information and
reports required by Executive Order Na. 11246 of September 24, 1965,
as amended to the implementing entity's Contract Compliance Office.
AFFIRMATIVE ACTION FOR DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
This clause is inserted pursuant to Executive Order 11701 of January 24,
1973 and the Vietnam Era Veterans Readjustment Assistance Acts of 1972
and 1974 (P.L. 92-540, 93-508) , and is applicable pursuant to 41 CFR
Sec. 60-250.
(1) The Contractor will not discriminate against any employee or applicant
for employment because he or she is a disabled veteran or veteran of
the Vietnam Era in regard to any position for which the employee or
applicant for employment is qualified. The Contractor agrees to
take affirmative action to employ, advance in employment and
otherwise treat qualified disabled veterans and veterans of the
Vietnam Era without discrimination based upon their disability or
veterans status in all employment practices such as the following:
employment, upgrading, demotion or transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation,
and selection for training, including apprenticeship.
(2) The Contractor agrees that all suitable employment openings of the
Contractor which exist at the time of the execution of this contract
and those which occur during the performance of this contract,
including those not generated by this contract and including those
occurring at an establishment of the Contractor other.than the one
wherein the contract is being performed but excluding those of
independent operated corporate affiliates, shall be listed at an
appropriate local office of the State* employment service system
wherein the opening occurs. The Contractor further agrees to
provide such reports to such local office regarding employment
openings and hires as may be required,-
(3) Listing of employment openings with the employment service system
pursuant to this clause shall be made at least concurrently with the
use of any other recruitment source or effort and shall involve the
normal obligations which attach to the placing of a bona fide job
order, including the acceptance of referrals of veterans and
nonveterans. The listing of employment openings does not require
the hiring of any particular job applicant or from any particular
group of job applicants, and nothing herein is intended to relieve
the Contractor from any requirements in Executive Orders or
regulations regarding nondiscrimination in employment.
(4) The reports required by paragraph (2) of this clause shall include,
but not be limited to, periodic reports which shall be filed at
least quarterly with the appropriate local office or, where the
Contractor has more than one hiring location in a State, with the
central office of that State employment service. Such reports
shall indicate for each hiring location„„a) the number of individuals
hired during the reporting period, (b) the number of nondisabled
veterans of the Vietnam Era hired, (c) the number of disabled veterans
of the Vietnam Era hired, and (d) the total number of disabled
veterans hired. The reports shall include covered veterans hired for
AFFIR24ATIVE ACTION FOR DISABLED VETERANS
Page 2 of 3
(4) (Cont'd)
on-the-job training under 38 USC Sec. 1787. The Contractor shall
submit a report within thirty (30) days after the end of each
reporting period wherein any performance is made on this contract
identifying data for each hiring location. The Contractor shall
maintain at each hiring location, copies of the reports submitted
until the expiration of one year after final payment under the
contract, during which time these reports and related documentation
shall be made available, upon request, for examination by any
authorized representatives of the contracting officer or of the
Secretary of Labor. Documentation would include personnel records
respecting job openings, recruitment and placement.
(5) Whenever the Contractor becomes contractually bound to the listing
provisions of this clause, it shall advise the employment service
system in each State where it has establishments of the name and
location of each hiring location in the State. As long as the
Contractor is contractually bound to these provisions and has so
advised the State system, there is no need to advise the State
system of subsequent contracts. The Contractor may advise the State
system when it is no longer bound by this contract clause.
(6) This clause does not apply to the listing of employment openings
which occur and are filled outside of the SO States, the District
of Columbia, Puerto Rico, Guam and the Virgin Islands.
(7) The provisions of paragraphs (2), (3), (4) and (5) of this clause
do not apply to openings which the Contractor proposes to fill from
within his own organization or to fill pursuant to a customary and
traditional employer - union hiring arrangement. This exclusion
does not apply to a particular opening once an employer decides to
consider applicants outside of his own organization or employer -
union arrangement for that opening.
(8) As used in this clause:
(a) "All suitable employment openings" includes, but is not limited
to, openings which occur in the following job categories:
production and nonproduction; plant and office; laborers and
mechanics; supervisory and nonsupervisory; technical; and
executive, administrative and professional openings as are
compensated on a salary basis of less than $25,000 per year.
This term includes full-time employment, temporary employment
of more than three (3) days duration, and part-time employment.
It does not include openings which the Contractor proposes to
fill from within his own organization or to fill pursuant to a
customary and traditional employer - union hiring arrangement
nor openings in an educational institution which are restricted
to students of that institution. Under the most compelling
circumstances an employment opening may not be suitable for
listing, including such situations where the needs of Government
cannot reasonably be otherwise supplied, where listing would be
contrary to national security, or where the requirement of listing
would otherwise not be for the best interest of the Government.
AFFIRMATIVE ACTION FOR DISABLED VETERANS
Page 3 of 3
(g) (Cont'd)
(b) "Appropriate office of the State employment service system"
means the local office of the Federal - State national system
of public employment offices with assigned responsibility for
serving the area where the employment opening is to be filled,
including the District of Columbia, Guam, Puerto Rico and the
Virgin islands.
(c) "Openings which the Contractor proposes to fill from within his
own organization" means employment openings for which no
consideration will be given to persons outside the Contractor's
organization (including any affiliates, subsidiaries and the
parent companies) and includes any openings which the Contractor
proposes to fill from regularly established "recall" lists.
(d) "openings which the Contractor proposes to fill pursuant to a
customary and traditional employer - union hiring arrangement"
means employment openings which the Contractor proposes to fill
from union halls, which is part of the customary and traditional
hiring relationship which exists between the Contractor and
representatives of his employees.
(9) The Contractor agrees to comply with the rules, regulations and
relevant orders of the Secretary of Labor issued pursuant to the Act.
(10) In the event of the Contractor's noncompliance with the requirements
of this clause, actions for noncompliance may be taken in accordance _
with the rules, regulations and relevant orders of the Secretary -of
Labor issued pursuant to the Act.
(11) The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices in a form to be
prescribed by the Director, provided by or through the contracting
officer. Such notices shall state the Contractor's obligation under
the law to take affirmative action to employ and advance in
employment qualified disabled veterans and veterans of the Vietnam
Era for employment, and the rights of applicants and employees.
(12) The Contractor will notify each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract understanding, that the Contractor is bound by the terms of
the Vietnam Era Veterans' Readjustment Assistance Act, and is comitted
to take affirmative action to employ and advance in employment qualified
disabled veterans and veterans of the Vietnam Era.
(13) The Contractor will include the provisions of this clause in every
subcontract or purchase order of $10,000 or more unless exempted by
rules, regulations or orders of the Secretary issued pursuant to the
Act, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the Director of the Office of Federal
Contract Compliance Programs may direct to enforce such provisions,
including action for noncompliance. -
AFFIR?lATIVE ACTION FOR HANDICAPPED WORKERS
This clause is inserted pursuant to h Rehabilitation Act of 1973
(P.L. 93-112) and 1
(1) The Contractor
ca tafor employmentdbecausenofephysical employee or
applicant applicant
in regard to any position for which the employee or apP
for employment is qualified. The Contractor agrees to take
affirmative action to employ, advance in employment and
otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in
all employment practices such as the following: employment,
upgrading, demotion or transfer,
otheruformstofacompensationlaaadf
o
or termination, rates of including apprenticeship.
selection for training,
(2) The Contractor agrees to comply with the rules, regulations and
relevant orders of the Secretary of Labor issued pursuant to the
Act.
(3) In the event of the Contractor's noncompliance with the trequirn
ments of this clause, actions for noncompliance may
accordance with the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(4) The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices in a form to -be
prescribed by the Director, provided by or through the contracting
officer. Such notices shall state the Contractor's obligation under
_the law to take affirmative action to employ and advance in employment
qualified handicapped employees and applicants for eUploysient, and the
rights of applicants and employees.
Of
(5) The Contractor will notify each labor union or represenvor other
workers with which it has a collective bargaining agreement
contract understanding, that the Contractor is bound by the tern of
Section 503 of the Rehabilitation a� cogmitted
take affirmative action to employ and
and mentally handicapped individuals.
(6) The Contractor will include the provisions of this clause in every
subcontract or purchase order of $2,500.00 or more unless exempted
by rules, regulations or orders of the Secretary issued pursuant to
Section 503 of the Act, so that such provisions will be binding upon
each Subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the Director of
the Office of Federal Contract Compliance Programs may direct to
enforce such provisions, including action for noncompliance.
Iv
B O N D I N G A N D I N S U R A N C E
R E Q U I R E M E N T S
(CONTAINED IN SECTION 1 - 'DOCUMENTS' )
....------- -• - -si. y--� r<:`.s"= .o:.s. - �...•�...,s��,< Rio. .. OATi O�r1NO0A^Y7
ummg 11/22195
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
C°' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
:!,,UX—.RCIAL ASSOCIATES INS, INC ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
6 E AST LA PALMA AVE COMPANIES AFFORDING COVERAGE
IM, CA 92807 COMPANY
714) 524-4949 FAX: 524-4940 A CNA-TRANSCONTINENTAL
D COMPANY
IPS SERVICES, INC. B CNA-VALLEY FORGE
P .O. BOX 10458 COMPANY
SAN BERNARDINO, CA. 92423-0458 C CHUBB GROUP - FEDERAL INSURANCE
COMPANY
D
WER4VEi. Y "'� ..0 �' .[ i ��.,;,L — i�:�aea:..✓.a a:ww...�.:;.w.�.<cxn. ':
113 IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO E W RED NAMED ABOVE FOR THE POLICY PERIOD
OICATED. NOTWITHSTANDING ANY REQUIREMVi7. TERM OR CONDITION OF ANY CONTRA R OT R D UMENT WrrH RESPECT TO WHICH THIS
�ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POU E E EREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMITS SHOWN MAY HAVE BEEN REDUC C S.
►OUCY NUMBER POLICY EFFECTIVE N LOAM
TYPE Of YtSURAMCE DATE DAMJDDIYY) OATS
-I GEHUkAl AGGREGATE &210001000 1
GENERAL
n COMMU CL&L OMBAL U&WJTY PRODUCTS-COMPMP AGG $110001000
CLAws MADE•n�� "JGOP"L a ADV WLAMY $1, 000, 000
.� I or+NExs a coNTnAIcrnolR-s r+ M 10 2 28.7 5 7 6 9 / / /01/96 EACH OCCVRRfNCE $11000 , 000
i( FIRE DAMAGE V w etr n.l • 5 0 000
i MED EXP LAw a+.P.s.0 t 5 0 0 0
UTOMOBLE UAamm COMBINED SINGLE LIMB f
ANY AUTO 11 0 0 0 , 0 0 0
ALL OWNED AUTOS BODILY INJtlRY f
I►.Wt.V
. I SCHEDULED AUTOS
X I MAEO AUTOS 1036929037
i /01/95 10/01/96 e00,LY
X I NoN•owNEO Arros 1►. aUUUO
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PROPERTY DAMAGE •
• GARAGE LLJIUTY I I AUTO ONLY-EA ACCIDENT f
OTHER THAN AUTO ONLY: i
ANY AUTO I
EACH ACCIDENT I f
—I I AGGREGATE i f
EACH OCCURRENCE �,3 000 , 000
:LESS LIABflITY
i UMBRELLA FORM L7972 116 7 5 10/01/9 6 AGGREGATE 0 0 0 , 000
OTHER THAN UMBRELLA CORM I`+ 10 , 000
i WORR ERS COMPENSAT+ON AND
STATUTORY UMTTS I'-•�:'i<:`.:ii- ' ii.:..-
4PLOYERS'LY►BL1TY EACH ACCIDENT +
' IE PROMETOR/ lzm DISEASE•POLICY LIMIT f
{ PA ITNERS/EXECLITIVE
OFFICERS ARE: .OLSEASE•EACH EMPLOYEE f
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TION OF OPUATIONSAOCATIONSN E7IT'FlAS
CONSTRUCTION O IRCU_AR DRIVEWAY & IRRIGATION SYSTEM FOR BUILDING 520
DR.MER NORTON AIR FO E BASS-SPEC. #9321 . THE CITY OF SAN BERNARDINO NAMED
ITIONAL INSURED RE: GEN=RAL LIAB. - ENDT. ATTACHED
R..FtCATEHOLDER w - CANCEILATIOI{E _.. E.
..........:.%:r maw..in x c......o:.w..:.w..�.,:.:.- ...�.,.....a.:.«:•...............-... ...-...:... «>.:....;.,...... ..,i...,...-•.:..
SHOULD ANY OF THE "OvE DESCRIBED POUCIES BE CAFICELLED SE OROE Y L
THE CITY OF SAN BERN=RDINO EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL IIII Y i
3 0 0 NORTH I'D" STREET *3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
SAN BERNARDINO, CA 92418-0001 /44AbUHycl"Il06A iwhiEl+lo/4thA l ICAA14&;�
ALITHORQED R RESDffATft
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3RD 25-S 131931 .: <.,.... :; ACQRD CO$PaRA
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GEREPALLMLITY
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ------- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABII= COVERAGE PART - OCCURRENCE
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418-0001
(If no entry appears above, information required to complete this endorsement win be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section In is amended to include as an insured the parson or organization shown
In the Schedule, but only with respect to liability arising out of"your world'for that insured by or for you.
pr ,
�sv
I�aY
CG 20 10 1185 DO Olt-,
f Authorized Representative for
jig// CNA Insurance Group
(L f�,l►� C / Golden EaSle Insurance Company
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v
S II P P L E M E N T A L
GENE R A L C O N D I T I O N S
INDEX TO SUPPLEMENTAL GENERAL CONDITIONS
SUBJECT ARTICLE
SUPPLEMENTS 1
ENUMERATIONS OF PLANS, SPECIFICATIONS AND ADDENDA 2
STATED ALLOWANCES 3
SPECIAL HAZARDS 4
PUBLIC LIABILITY, VEHICLE LIABILITY AND PROPERTY
DAMAGE INSURANCE 5
BUILDER'S RISK INSURANCE 6
SCHEDULE OF PERMIT FEES 7
ENERGY POLICY AND CONSERVATION ACT 8
COPIES OF DOCUMENTS FURNISHED TO THE CONTRACTOR 9
DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL 10
ACCESS TO CONTRACTOR'S RECORDS 11
SUTPLENfENTAL GENERAL COiy'DITIONS
ARTICLE l: SUPPLEMENTS
The following supplements modify, change. delete from or add to the "General Conditions". Where
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,UMERATION OF PL -`S SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications, and Addenda which form a part of this contract, as set forth
in Paragraph 1 of the General Conditions, "Contract and Contract Documents":
A. Plans
Project No. of
No. Sheets Title
9927A INSTALLATION OF TRAFFIC SIGNALS
AT
28TH STREET AND WATERMAN AVENUE
B. Specifications
Title
Bidding,Requirements
and Contract Forms
General Conditions
Supplemental General Conditions
Detail Drawines and Sections
C. Addenda
No. 1 Date:3.L2LJ9
No. 2 Date:
No. 3 Date:
No. 4 Date:
ARTICLE 3: STATED ALLOWANCES
NONE
ARTICLE 4: SPECIAL HAZARDS
UNKNOWN
ARTICLE 5: CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY,
VEHICLE LIABILITY. AND PROPERTY DAMAGE INSURANCE
A. The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard
Specifications, providing that the Contractor shall furnish the City with a policy or
certificate of liability insurance as prescribed therein, prior to execution of the contract.
The Insurance Policy shall name the City of San Bernardino as additionally insured. The
endorsement shall be provided by/or agent of the insurance company and shall be notarized
to that effect. ACCORD Forms are not acceptable nor are forms signed by the broker,
unless they have Power of Attorney to bind the insurance provider. (See attached sample
forms.)
Following is the required minimum limits of insurance:
Bodily Injury............$250,000 each person
$500,000 each occurrence
$500,000 aggregate products and
completed operations
Property Damage......$100,000 each occurrence
$250,000 aggregate
A combined single-limit policy with aggregate limits in the amount of$1,000,000.00 will be
considered equivalent to the required minimum limits.
The Contractor shall either(1) require each of his subcontractors to procure and to maintain
during the life of his subcontractor, subcontractor's Public Liability and Property Damage
of the type and in the same amounts as specified in the preceding paragraph, or (2) insure
the activities of his subcontractor in his own policy.
B. WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to
Section 7-4, "Worker's Compensation Insurance", of the Standard Specifications, providing
that the Contractor shall file a signed Certification Certificate of Worker's Compensation
Insurance before execution of the contract.
ARTICLE 6: BUILDER'S RISK INSURANCE (FIRE AND EXTENDED COVERAGE)
The Contractor shall secure and maintain in force a Builder's Risk Insurance Policy in the
amount of the contract price of all buildings that are included in the contract award during
the life of this contract. A copy of the Builder's Risk Insurance shall be furnished to the
City of the Contractor.
The Contractor will provide Builder's Risk "All Risk" Insurance, in an amount not less
than the contract award amount, naming the City and the consultant as additional
insureds.
ARTICLE 7: SCHEDULE OF PERMIT FEES
The General Contractor shall procure and pay for the Building Plan Check and Building
Permit. The Contractor shall include an allowance of -0- in his bid to cover the Plan
Check and Building Permit Fee, which includes the permits for electrical, plumbing, and
heating and air conditioning. Following is a breakdown of the Permit Fees.
Street Cut Fees(Sewer, Electric, Gas)......$
PlanCheck.............................................5
Building Permit...................................... N
electric/Plumbing/H.V. &A.0.................5 O
StormDrain...........................................5 N
Sewer Capacity.......................................$ E
Sewer Connection...................................$
StrongMotion.........................................5
The Contractor shall obtain a City Business Registration prior to execution of the
Contract.
ARTICLE 8: ENERGY POLICY AND CONSERVATION ACT
This Contract recognizes the mandatory standards and policies relating to energy
efficiency which are contained in the State Energy Conservation Plan issued in
compliance with the Energy Policy and Conservation Act (P.L. 94-163) as set forth in
Division 15 of the Public Resources Code of the State of California.
ARTICLE 9: COPIES OF DOCUMENTS FURNISHED 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 Documents, and three (3) copies of such supplementary detail drawings as may
be subsequently issued.
ARTICLE 10: DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIALS
Unless otherwise specified, all excess excavated or removed material shall become the
property of the Contractor and shall be disposed of by him away from the site of the
work. Any costs involved in such disposal shall be absorbed by the contract lump sum
payment,and no additional compensation will be allowed therefor.
Any salvage value of removed improvements of whatever nature shall be considered by
the Contractor in preparing his bid, unless otherwise specified.
ARTICLE 11: ACCESS TO CONTRACTOR'S RECORDS
The Contractor shall retain all records,books,papers, and documents directly pertinent to
the specific contract for a period of not less than 3 years and allow access to said records
by the grantee, subgrantee, the Comptroller General of the United States, or any duly
authorized representatives.
V I
IIo do D E P A R T M E N T O F H O II S I N G A N D
II R B A N D E V E L O P M E N T — -
S T A N D A R D S O F C 0 N D II C T
rr�r
Office of Inspector General -`r—
S T X D A I D S 0 1 - C 0 R D D C T
C D B G t t C I P I E A T S
I A T ! 0 D V C T I 0 1
Elected officials, employees of Community Development Block Grant
recipients and contractors are those responsible for administering the
entitlement program and are also responsible for the programs integrity.
Following sound business practices, prescribed standards of conduct and
HUD requirements will not only protect HUD grant funds but also those
who administer the program.
P V t ! 0 S E
This notice provides information on specific activities that you Rust
avoid and idcatifies key HUD requirements that must be met. The prohibited
activities listed here reflect problem areas that have gotten block
recipients into trouble in the past. The grant
prevent fraud and program abuse by alerting key officials to these to
ahead of time. problems
A 0 T 8 0 t I T I t S
The pertinent laws and regulations that a
program that you should have copies of arm:ly to the CDBG Latitleaent
* housing and Comunity Development Act of 1976 as amended in 1983.
* Community Development Block Grant Regulations (26C11 Part 570).
If You do not have copies of these requireaftts or need further
information, contact your local HM office.
P t O C t A
A C T Z i I S T I t t Q 0 D
t f I t t Y t 1 T f A N P 0 • Y s Z T t D
1. Conflict of Interest
CDBG Regulations (26C?R, Pan 570.611) prohibit conflicts of interest.
For any CDBG activities under Your control or influence you May Not,
a. Obtain personal or financial interest or benefits Including
favors, gratuities, entertainment or anything of value that eight.be
interpreted as conflict of interest.
b. Obtain a direct or indirect interest in any contract, subcontract or
agreement for any CDBG activity. This prohibition extends to contracts
in which Your spouse, ainor child, dependent or business associate may
have personal or financial interest. This prohibition extends for a
period of One Year after you leave your position with a CDBG activity or
program.
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STANDARDS OF COKDUCT
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c. HUD may grant an exception to this conflict of interest provision if
it determines that such an exception will enhance the effectiveness
of the CDIC project. Requests for such exceptions must be made in
writing to the local HuD office.
2. Procurement and Contracting
OMB Circular A-102, Uniform Requirements for Assistance to State and
Local Governments, Attachment 0, applies to the CDBC program. It provides
that you May Not engage in any of the following practices in your
procurement and contract administration:
a. Circumvent competitive bidding requirements by:
* failing to advertise for sealed bids or soliciting proposals and
engaging in noncompetitive negotiation;
* failing to use established evaluation criteria in negotiations;
* splitting bids by breaking down contracts into small parts so -that
purchase order procedures can be used except to meet Minority/Women
Business Enterprise goals;
* favoring or providing a competitive advantage to any one firm or
individual;
* identifying the names of those invited to bid; and
* preparing fictitious bids to simulate competitian.
b. Fail to adhere to contract award requirements by:
* allowing excessive price charges;
* awarding contracts to other than the low bidder without adequate
justification; and
* accepting a bid that does not contain a price for all items or
services included in the Invitation to bid fors.
c. Fail to verify contractual and programesatic compliance by contractors
by:
* authorising payment for work not completed;
* falsifying inspectiaa reports;
* .altering contractor invoices; and
* misusing modification or change orders.
CDBG regulations state that you Must Not:
Use firms and individuals on EM's Consolidated List of Debarred,
Suspended and ineligible Contractors and Grantees.
3- Tiaaacial Ksnageemt and Recording System
You Must comply with the following requirements of 0103 Circular A-102, '
Attachments C, C, and CDbG regulations.
You Must:
a. Establish internal controls to safeguard cash, inventory and
equipment.
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b. Establish a special ledger account for all CDSG monies.
c. Maintain financial records including:
* a register of cash receipts and disbursements ;
* a record of all noncash transactions;
* general ledger to show the status of each CDSG account ;
* a fixed account ledger, and
* a record of lump-sum drawdowns, Treasury checks received and
balances of Federal funds.
d. Ensure that you maintain financial records. Financial records and files
must be maintained for three years.
e. Use income generated from grant activities for other eligible activities.
f. Use rrogram income before drawing additional grant funds to pay for
allowable program expenses.
You Must Not draw down more funds than are needed for your CD3G activities
and those of subgrantees.
A. Cost ♦llowrability
You Must comply with 0313 Circular A-87, Cost Principles for State and Local
Govermsent&. You May Not spend CD3G funds on ineligible activities
including:
a. Expenses required to carry out the regular responsibilities of the
general local government.
b. Partisan political activities U.S. , contributions toward political
campaigns, voter registration or candidate forums). _
CD3G regulations state that you Must Mots
Use CD3G funds to assist buildings used for the general conduct of
government (e.g., city halls, county administration buildings, etc.).
S. Program lbnitorl"
OXB Circular A-102, Attachmat I, states that you Must constantly monitor
the performance of grant-supportsd activities to assure that time
schedules are being net, projected work units by time periods are beini.
accomplished, and other performance goals are being achieved.
HUD suggests that yous
a. Keep records of your on-site visits to subgrantees and contractors.
b. Place special emphasis on your monitoring of the highest risk
subrecipients and contractors.
If you have a question about a specific situation Rove"er 1, 1985
or your responsibility, contact your local EM Office.