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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.� .q11 I jjg() 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. 8 S . 4n � N m tV m O F- o in H 0 a A g nj 2 c _Z p r Ct w y a _0 m ~ I U 4. F N W O Y U cc m Z Z 0 o o O m Q o to C3 00 0 W p m M � } V Fw- C4 O m a J w o H D r — o o z O Z eo 0 o w 2 CD LO Q a IL Cl N ¢a U) O C) at ti co p 0 0` E r► m m C cu W cu J C W N E N O O s z z y J d !- z z m m o Z oc � V m m Q V :� z z a. Z a a ° Q Q w Z O N U. CO CO c uj .o a � 0 m m � 0 Z ~ D W m H U O 2 CL LLI Q Z W Z Zvp Z G 2 c w O LL g m t' E.. Z OZ0 O � 2 Q V — m Z p W o p F- p 020 O Z 2 U 0 U Q 2: O Z Y Z Z w O _ Q iV V LL w Z a I O V z O Om 0 w o U. co m 4 w Z U w Q m - I s Fc 0 0 -J, tL e H �l - o i 4 A � z 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 P-6 -� ae w � W _ � Y Z OF' � Z OooQ IJ6 Z Z LLI � a O D p o, z < > Z � 00 Q :n Z u VI Z Z — ¢ cZ-.l °a L w V 02v; _ o � m U ED U. ° � °- v oD O � LLI CL d < Z 0 OF' ,n Z p-' 24 3 � .v; s Z C _ m O L- < ¢ fn _. rr cn > v Z m 0 Z 0 o Z J fs. Z O L CO r a U Lu D aN o 0 z < LLI .2 LL) 4. L � u < Z Cu A � C `o U U � Z w Z C n Z L 0 �LU 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 P-g 0"ZCZ or C0W!'JXZ7Y DtVLZ0PX2Nr Comfumm D£VrL4PXFXT BL=X MUM PR0CAM 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 c i o ° Z O C i M j � V V } b 0 u LU e 4 W c V v �V d Iw a an 'V V o I Q 2 0 o o o U ; CL M V V � O �► O O • i I I C u d N CL m y w p 0 Z V O Cc .. LL H = W I ~ � O cc pO = 1. a V V 0 0 u O z e IE O c I 10 1 E o � c � s Y • t _ z F • C v � W N i - • C r O - ' i =�► c 0 E � sa Y ' Y � Z3 -c s Yaf; "e = : x=16 Y ii i V aY • I W �s v i : E sY w E < O O � - Y O O � � a O Yl • Y a � N W Y ; < a � � f c o E f V r o • w t < • - 3 W s i i < s e � � • � < � � C p � Ci oSr 3 Len -+ c 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" ,deral Labor Standards Provisions Maly MUD a to e&W91,4 •"M rww V"eh+essonL fnctudtnq vw news of aM P.10000 a►ra9rofn to.rrwCm wro cons*uewo^.o�co ma er M a,ws•t,Jrwtee Slaws a AR�ef1�•rW wh• �ntsresNO Wre•'1•ne irh• raCOrnrr►•nGa•On cot MUD a fta o•s+gn•e b Ina +Wey,fss a bong asamw ,Hooped to wwa Contract aamf�fsvata fa d�terrn�nartm The Adnrnfaramr.a sn auwh0+t2tre f=ft- ►roNSb^s a» son wfwrn 30 eats a reutot one so some *Dwwq Federal baba Stsf+aardt n F•o•nt ass+stance. 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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 ---------------- s Send Mail lde�r &42rCh ?EflllHab Rome Backto lop 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 $11000 , 000 i( FIRE DAMAGE V w etr n.l • 5 0 000 i MED EXP LAw a+.P.s.0 t 5 0 0 0 UTOMOBLE UAamm COMBINED SINGLE LIMB f ANY AUTO 11 0 0 0 , 0 0 0 ALL OWNED AUTOS BODILY INJtlRY f I►.Wt.V . I SCHEDULED AUTOS X I MAEO AUTOS 1036929037 i /01/95 10/01/96 e00,LY X I NoN•owNEO Arros 1►. aUUUO RY I f 1 PROPERTY DAMAGE • • GARAGE LLJIUTY I I AUTO ONLY-EA ACCIDENT f OTHER THAN AUTO ONLY: i ANY AUTO I EACH ACCIDENT I f —I I AGGREGATE i f EACH OCCURRENCE �,3 000 , 000 :LESS LIABflITY i UMBRELLA FORM L7972 116 7 5 10/01/9 6 AGGREGATE 0 0 0 , 000 OTHER THAN UMBRELLA CORM I`+ 10 , 000 i WORR ERS COMPENSAT+ON AND STATUTORY UMTTS I'-•�:'i<:`.:ii- ' ii.:..- 4PLOYERS'LY►BL1TY EACH ACCIDENT + ' IE PROMETOR/ lzm DISEASE•POLICY LIMIT f { PA ITNERS/EXECLITIVE OFFICERS ARE: .OLSEASE•EACH EMPLOYEE f -HER I I ! I I I TION OF OPUATIONSAOCATIONSN E7IT'FlAS CONSTRUCTION O IRCU_AR DRIVEWAY & IRRIGATION SYSTEM FOR BUILDING 520 DR.MER NORTON AIR FO E BASS-SPEC. #9321 . THE CITY OF SAN BERNARDINO NAMED ITIONAL INSURED RE: GEN=RAL LIAB. - ENDT. ATTACHED R..FtCATEHOLDER w - CANCEILATIOI{E _.. E. ..........:.%:r maw..in x c......o:.w..:.w..�.,:.:.- ...�.,.....a.:.«:•...............-... ...-...:... «>.:....;.,...... ..,i...,...-•.:.. SHOULD ANY OF THE "OvE DESCRIBED POUCIES BE CAFICELLED SE OROE Y L THE CITY OF SAN BERN=RDINO EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL IIII Y i 3 0 0 NORTH I'D" STREET *3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. SAN BERNARDINO, CA 92418-0001 /44AbUHycl"Il06A iwhiEl+lo/4thA l ICAA14&;� ALITHORQED R RESDffATft I 3RD 25-S 131931 .: <.,.... :; ACQRD CO$PaRA f1 i93� GEREPALLMLITY 20JIM. PoLry"Wom� 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 yr� � 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. -1- STANDARDS OF COKDUCT Fag* 2 of 3 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. Page 3 of 3 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.