HomeMy WebLinkAboutCommercial Rehab Program 5/12/1986 LETTER OF AGREEMENT 1'
The City of Oshkosh herein known as the City, and the undersigned Applicant
agree as follows:
1. The City of Oshkosh shall:
A. Provide financial aid in the form of project rebates as outlined in
City - Commercial Rehabilitation Program Guidelines.
B. If desired by the Applicant, provide a design assistance grant as
described in the City - Commercial Rehabilitation Program Guidelines.
C. Suspend or terminate this agreement in the event the Applicant fails
to perform according to this agreement or when the City and the
Applicant agree to terminate this agreement.
D. Provide personnel to administer the Commercial Rehabilitation Program.
E. Provide personnel to assist with the application process and regulation
compliance.
2. The Applicant shall:
A. Comply with the Basic Design Standards as described in the City -
Commercial Rehabilitation Program Guidelines.
B. Provide the City with a description of the project, a project budget,
and a timetable for completing the project.
QC. If requested provide the City all information necessary to document
ilt � compliance with applicable local building and zoning codes and federal
w '•� regulations.
►' Z D. Submit to the City, upon projects completion a Request for Inspection
and Release of Funds together with necessary invoices, lien waiver,
(O ,r3 and cancelled checks to substantiate the cost of the project.
IW ug CV
Q g E. Agree to and does hereby hold the City harmless and does hereby
IA ` indemnify the City against any claims or demands of any persons or
I " ' organizations arising by reason of this agreement.
• IN WITNESS WHEREOF, the parties hereunto set their hands and seals, as of
this it- day of Aekii.7 , 19 ►
AMOUNT APPROVED $9,000.00 Applicant) (JAMES CARSON)
City of hkosh
William D. Frueh, City Manager
,
4-14-, Ju ) � � (�� �-may
,��.
City Conrptroller Donna C. Serwas, City Clerk
COMMERCIAL REHABILITATION PROGRAM
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
NOTIFICATIONS AND REGULATIONS
ATTACHED DOCUMENTS INCLUDE:
Section I Lead-Based Paint Notification
Section II Equal Employment Opportunity
A. Contracts Under $10,000
B. Contracts Over $10,000
C. Notice to Bidders
D. Contract Specifications
E. Section 3
Section III Federal Labor Standards
A. Form 4010
B. Wage Decision
LEAD-BASED PAINT NOTIFICATION
Persons conducting rehabilitation projects with the assistance of Federal
funds need to be aware of the potential poisoning problems associated with
lead-based paint. Please acknowledge receipt of this notification in the
space provided on the notification.
EQUAL EMPLOYMENT OPPORTUNITY (EEO)
All Federally assisted projects are subject to EEO regulations. Enclosed
in this application are the documents necessary to comply with EEO requirements.
If this application is approved and the contract to complete the project is
under $10,000, Part II(A) applies. If the contract is greater than $10,000,
Part II(B) , (C) , and (D) are applicable. These EEO documents must be included
in all executed contracts, and a copy of the contract attached to the application
submitted for approval.
DAVIS-BACON LABOR STANDARDS
Documents pertaining to Federal Labor Standards are located in Part II of
this section of the application. Compliance with Federal Labor Standards
provisions is necessary for Federally assisted projects over $2,000. Form 4010
and wage rate decisions must be included in all executed contracts over $2,000
and a copy of the contract attached to the application submitted for approval.
The applicant should be aware there are certain situations in which the
wage rate decisions will not apply. If the project consists of a single contract
under $2,000, or a series of unrelated contracts and each is under $2,000 and
the owner of the rehabilitation project acts as the general contractor, the
Federal Labor Standards requirements are not applicable. Also, a bona-fide
self-employed contractor, or sub-contractor, who has no other employees, will
need to submit payrolls but is not required to provide wage information.
COMMUNITY DEVELOPMENT ASSISTANCE
The City of Oshkosh Labor Standards Officer must meet with each owner or
contractor prior to beginning construction on projects over $2,000. The Labor
Standards Officer is also available at any time to answer questions and provide
assistance in complying with these requirements. The Labor Standards Officer's
telephone number is (414) 236-5059.
SECTION I
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT based paint should not be undertaken by amateurs and
every precaution should be taken to safeguard workers and
WATCH OUT FOR LEAD-BASED PAINT POISONING occupants during the removal process. Whenever possible,
—— the removal of lead-based paint should take place when
NOTIFICATION there are no children and pregnant women on the premises.
TO: PURCHASERS AND TENANTS OF HOUSING CONSTRUCTED BEFORE 1950 AS A RENTER:
This building was constructed before 1950. There is a possibility You should notify the Management Office of the Landlord
that it may contain lead-based paint. immediately if the unit in which you live has flaking,
chipping or peeling paint, water leaks from faulty plumb-
PLEASE READ THE FOLLOWING INFORMATION ing, or defective roofs. You should cooperate with the
CONCERNING LEAD PAINT POISONING management office's or landlord's efforts to repair any
deficiencies and keep your unit in good shape. When lead
The interiors of older homes and apartments often have layers based paint is removed by scraping or sanding, a hazard-
of lead-based paint on the walls, ceilings, window sills and ous dust is created which can enter the body either by
door frames. Lead-based paint and primers may also have been breathing or swallowing the dust. The use of heat or
used on outside porches, railings, garages, fire escapes and paint removers could create a vapor or fume which may
lamp posts. When the paint chips, flakes or peels off, there cause poisoning if inhaled over a long period of time.
may be a real danger for babies and your children. Whenever possible, the removal of lead-based paint should
take place when there are no children and pregnant women
Children may eat paint chips or chew on painted railings, on the premise.
window sills or other items when parents are not around.
Children can also ingest lead even if they do not specifically Remember that you as a parent play a major role in the
eat paint chips. For example, when children pay in an area prevention of lead poisoning. Your actions and awareness
where there are loose paint or dust particles containing lead, about the lead problem can make a big difference.
they may get these particles on their hands, put their hands
into their mouths, and ingest a dangerous amount of lead.
Has your child been especially cranky or irritable? Is he or
she eating normally? Does your child have stomachaches and
vomiting? Does he or she complain about headaches? Is your I have received a copy of the Notice entitled "Watch Out
child unwilling to play? These may be signs of lead poisoning, for Lead Paint Poisoning," and a copy of "The Danger of
although many times there are no sympstoms at all. Lead Lead Poisoning to Homeowners" or "The Danger of Lead
poisoning can eventually cause mental retardation, blindness, Poisoning to Renters."
and even death.
If you suspect that your child has eaten chips of paint or
someone told you this, you should take your child to the
doctor or clinic for testing. If the test shows that your
child has an elevated blood lead level, treatment is available. Date Signature
Contact your doctor or local health department for help or more
information. lead screen ng and treatment are available through
the Medicaid Program for those who are eligible.
Inform other family members and babysitters of the dangers of
lead-poisoning. You can safeguard your child from lead
poisoning by preventing him or her from eating paint that may
contain lead.
•
Look at your walls, ceilings, door frames, window sills. Are
there places where the paint is peeling, flaking, or chipping?
If so, there are some things you can do immediately to protect
your child:
(1) Cover all furniture and appliances;
(2) Get a broom or stiff brush and remove all loose pieces
of paint from walls, woodwork and ceilings;
(3) Sweep up all pieces of paint and plaster and put them
in a paper bag or wrap them in newspaper. Put these
packages in the trash can. DO NOT BURN THEM;
(4) Do not leave paint chips on the floor. Damp mop floors
in and around the work area to remove all dust and paint
particles. Keeping the floor clear of paint chips, •
dust and dirt is easy and very important; and
(5) Do not allow loose paint to remain within your children's
reach since children may pick loose paint off the lower
part of the walls.
AS A HOMEOWNER:
You should keep your home in good shape. Water leaks from
faulty plumbing, defective roofs or exterior holes and breaks
may admit rain or dampness into the interior of your home,
damaging walls or ceilings, causing paint to peel, crack or
flake. These conditions should be corrected immediately.
Before repainting, all surfaces that are peeling, chipping or
loose should be thoroughly cleaned by washing, sanding, or
brushing the loose paint from the surface; then repaint with
two (2) coats of non-leaded paint; or cover the surface with
other material such as wallpaper or paneling. SIMPLY PAINTING
OVER DETERIORATED PAINTED SURFACES DOES NOT REMOVE THE HAZARD.
When lead-based paint is removed by scraping or sanding, a dust
is created, which may be hazardous. The dust can enter the
body either by breathing or swallowing it. The use heat or paint
removers could create a vapor or fume which may cause poisoning
if inhaled over a long period of time. The removal of lead-
Appendix I
T:IF. DANGER. OF LEAD POISONING TO RENTERS
This housing or aoartrnent yes built sodal worker at the load health deeart. To prevent oeeling 7afnL most aoart-
before 1130. There is a possibility that it ment.It there are no screening programs its men's should be remitted coos three to
may contain lead paint Lead paint is poi. your c.l and you cannot afford testing.the five years.It is imt arts.'it to cooperate with
seaous if eaten.litany children do est paint Medicaid program may pay for screening of the management office when repeint1sur
faxes end frequently become very sick.You children both below sin years of age and time comes.If your&gasmen has not been
as a parent are in the best position to safe- above the are of sit I1 a doctor says that repainted within the-period of time.inform
card your child's health by overeating hint testing Is necessary. the management office, resident manager.
or r.er from eating paint or.pasat chips This If tests show titan your child has a high or landlord.
pa.nphlet TAU answer some of your Cuss- level of lead in his blood he snit reed mein. You may have e'lead paint hazard now it
ticns about how co know if your child has cal supervision and possibly treatment. U your walls are c eckutg or peeling. 1.1 You
been sating lead paint and what to do about treatment is necessary. your doctor. a.local have small children, there are somethings
It clinic.or hospital will be able to remove the you should do immediately to protect them.
Lead vsisoning is a serious health problem lead in your child's blood.Such treatments al Katify the mssaternent office or real•
in this country. Each year thousands of may be paid'for or bfedicsid or your local dent manager or landlord immediately. (21
children under 7 years of age ate poisoned health department If testing shows that get a broom or stiff brush and remove all
when they eat bits at paint containing lead, your child has a lot of lead In his blood. loose pieces of paint from walls.woodwork.
^ildreo who eat lead can become meatakly your'local health department may send and a-'utgz al sweep up ail the ;legs of
retarded.blind.parsly'tod&or even die.You someone to measure the lead paint In your paint and planer,(ti put the swee-pints in a
can safeguard your child's health by pre- home. end may require treat-Dent by the paper bag or wrap Use= in newsoaper and
venting him from eating paint chicle which inter of the unit of the lead paint hazards put these In a trash ran:aai be careful not
may contain lead.The Department of Sous- on welts and woodwork.Such work is often to leave paint chips an the noon, and keep
int and amen Development has perpared messy and inconvenient but it it nerssar7 children away from the dust.Always keep
this pamphlet to make you aware of the to prevent the possibility of further sickness the floor clear of lease bits of paint and
oblem of Iced moot posonirto is the from lead. Cooperate with any workmen piaster. Sweeping the noon' clear of paint
who are sent to ornice the teed condition s chin Is simple. but It is most important
home. year home. Qiildres awn pick loose paint oft walls so be
As a enttat.you need to knew what to cause. �� paint s not the only arse of lead true e:L'I about tieping tit*loose paint
o t need the ueitaess lead paint cart ruse. poisoning. Your child am be ,poisoned by from the lower part of walls where your
has need is know wits'to do ft yarn'child eating paint dirt, or other Dan-food sub- chid can reach.As an emerge.'cy measure.
has leis Poisoning. stints containing lead.Young eo lei:ea put
yeti might Ilia muse heavy furniture
Your ins can net lead poir. it other b7 sway aliens besides food in their mouths.
arairst walls with peeling Faust
eating nail^.t 1 dust news••apes. sr ochsar but is those rblects contain lead.poisoning Aemeasber that you May a=liar role as a
common hers containing lead. The most is passible. A child can get Iced poisoning
common suss of Sand poisonings lead- T parent in the and aware of lead Poisoning.lead
based pint Children can get da:.lerous
fro= eating or chewing. including d non-food d t. n S e;&- Your =utters
cLn sad aw It cliff Wou. tie iced
=aunts of lead from eating even very small whio:ls contain Lend, pottery, dirt. rmtu.r . Rroblea cabs aata a pie Gtf::ttneet.
amounts of such paint. Unfortunately.usu• per, and even some pottery. and sometimes
ally there are no obvious sits of lead pot- Even common household dust sometimes
smelt Often lead poisoning ma suns like a contains high w !eves of lead. Lead paint e
number of other childhood diseases, but If ground can weect in and fallen m the
your child has sumach aches sad voeaitlstZ. mound can collect to dust and soil.end Base
has headaches.a lam of appetite.is crantk7. frees automobiles which useit leaded ctsIn
or f:ec .stilly s ton tired to play. he may &s �o 1, C lead which se. a disco In
have lead poisanine. Any or all of these aged and sop. Children dust be dim
svmpcoms cart be signs of lead poisoning. busy from playing her the dint and dirt near
Often. there are no symptoms at all. U busy stoebes where the Iesd content in soil is
anyone tells yeti that your child has eaten Tot: d Eon your chips or plaster. or if you see any of You should stop dour child from eating or
these suns in your child. he should be chewing paint end other child i u that :say
traced for lead in his blood as soon as post- tern of satin warnings cd of the food if
ble'Co not wait too tones Tour"cum.'loll hers of eating h to u s other .than food ie
clinie,hospital,or public:health dsnsrtment het.the enough tour fa. d. d Make anyone
''sat the rest e.1 your tastily and anYene
rut test You/Child for lead poisoning.Stood who babysits for you Is aware of the Iead
samples-mss be taken and tested to tall It • paint problem and will prevent your child
your cniid has eaten mount lead to be from eating paint. Often children will cat
hula" In many communities there are things If they are bored or hungry.Children
blood screening programs operated by lxal are safer if they have activities or toys to •
heals Is departments.but sc-eentng is usually keep them busy.U your child is not eating
conducted in older areas of cities where properly. you may want to take him m a.
.Lead based paint Ltd Poisoning ii_r¢pat doctor
toe smen. .Testing for Iced takes only. a The best way to prevent Iead paint poison.
matter of minutes. inc is to keep your horn*in good shape.The
Blood screening Programs are usually free primary saute*of lead paint hazards is peel-
sod will test children for lead even if they izst std na tine paint. Water leaks from
thaw no symptoms of poisoning and have faulty plumbing or.defective roofs often
not been seen eating paint. A number of cause paint to peel or flake from wags and
'food screening programs are supported by ceilings. Semi: of such leaks can prevent
lse De:artaent at health. Education and future peeing ar flaking. U you have such
::elfs:e. and local health dsnarunert. 11 leaks. or if you have peeling. flaking Paint
:au are unaware of a screening program In to your apartment notify the management
:Our area, call your public health nurse or or landlord.
Appendix I
TUE DANGER OF LEAD POISONING TO HOMEOWNERS
This housing or apartment was built blood screening programs are supported by cause paint to peel or flake from waits and
before WO. There is a possibility that It the Orgartment of Reaath. Education. and csslings.Quick repair of such leaks can Ore-
may esr-tsin toed paints Lead paint is poi- Welfare., and local health departments. U vent this.
songs It eaten.Many children do eat paint you are unaware of a screening progrun In To prevent peeling paint most housing
Cakes and f .ently become very sick.Tau your are.cst2 your public health nurse or units should be repainted every three to five
as a parent see in the best Pannell 14 sate- social worker at the local health depart- years Anr loose or Salting paint should be
guard your child's health by preeenting him meat If there are no screening prntr..nu In removed by souping or brushing. Cracked
or her froz stung Paint or paint chips.This your city and you cannot afford tasting,the walls should be reelastered balers new paint
pernanlet wiU answer some of your ones. Iijedica:i t program may pay far sernning of is applied.U your walls are cracking or peti-
tions about hew to now if your child has children both below sin years of age and lag now.you may have a lead pairs hazard.
been eating lead:Sint and what to de about aware the ate of stn. It a doctor says that If you have small children. there are some
ft. tatatirg is necessary. • things you should do insssedlately to protect
Lead p hsonutg is a serious.pre:Ism in this u test show that your child has a high these: lit Get a broom or stiff brash and
count.-y. Each year thousands of children level of lead to his blood he will need:wait. remove all loose pieces of punt from cats,
under 7 years of age an poisoned when they cal supervision and possibly treatment. If woodwork.and ceilings;c27 ssese up all the
eel bits of paint containing lead. Children treatment is necessary,your doctor. a local pieces of paint and plaster. UI Put the
who eat lead can become mentally retarded, dish Of hospital will be ante to remove the sweepings In a gaiter bas or wrap Meld_ In
zaraiyzed or even die. You can safe- lead in his blood. Such treatments may be newspaper and put these packages in a
man your child's health by preventing him paid for by Medicaid or your toed health traits cam ail be careful not to lesee paint
from eating paint chips which may centsia deeartmment It tasting shows that your child china an the near. Always keep the floor
lead. The Department of Housing and has a lot of lead in his blood. the lout clear of loose bits of paint and plaster.
Debar Development has prepared this pam- health department may send someone to Sweeping the noon clean of OaInt chips is
Rules to make you aware of the problem Of measure the lead paint In your horn.. simple. but it Is most Leavens/IL Children
lead:aim poimnine in the home. Sii.duds for treatment of lead hazards In can pick loose paint oft rails, as be titre
As a parent you need to know bed to pre. housing vary from city to city. Follow the careful about keeping loose paint from :lie
vent the sickness lead paint cast cause.You dlrer-tons and guidance of your local health tower part of walls where your child can
need to know what to do it your child has determent reach/As an emergency measure to protect
lead poisoning. Lead paint is not the only cause of lead
our child.you can cover up the loser pert
Your child can get Iead poisoning by roiserine. Your child tan be poisoned by of walls with adhesive backed pax:and you
easier paint dirt Oast.newspaper.or other satins paint dirt or other non•foe4 sub- can cover the woodwork care: your chttd
nonfood items containing lead. The mem statues containing lead Young children Out might anew with adhesive tame or pared.As
eor_:ten muse of lead poisoning Is lead. many things besides food in their mouths. an emergency measure. you might also
based paint C.fitdren can get dangerous but If those objects contain lead.poisoning move heart' furniture against walls wit`s
amounts of lead from easing even very small is possible. Your child can get lead poison- peonnf Osint
uaounts of such paint Unfortunately.usu. Inc from eating or chewing on non-food Re:nu:Der that you Mar a m..or role as a
ally there are no obvious signs of lead Pol. items which eartain Iead. ineiuding dirt hOmeewaer and as a parent in the ; even•
soy«t.Often lead poisoning can seem like a newftater and even some pottery. and fur- tton of lead poisoning. 'four actions and
nusnoor of other Childhood diseases. but. It suture. Et'en common household dent some- rimier/en about the lead problem as Make
?our child has stomach aches and vomiting. times contains high levels of lead. bead a Sig difference.
has headaches. a lam of appetite.is cranky. paint which has weathered and fallen to the
or freescruly Is too tired to play. he may ground can collect In dust and soil.Exhaust
have lead poisoning. Any or ell of these from automobiles which use leaded gasoline
s?r_ptcnts can be signs of lead poisoning, also contains lead which can collect In dust
Often. there are no sy otums st alb It and soil. Children should be discouraged
anyone tells you that your Mild has eaten from playing In dust and dirt near busy
Dalnt ci:i= or plasted or if you sea any of stints where the teed content In soil Is
these signs In your child. he should be likely to be heaviest
tested for lead in his blood as soon as postl. You should atop your child from eating or
bit.Do not wall too lone:Your doctor.local chewing paint and other objects that may
clinic.hiss-ill.or public health department contain lead. Warn your child of the den.
can test your child for lead poisoning.Blood gem of eating anything other than food kt
samples o.n be taken and tested to tell li he is old enough to understand. Make sure
your Mule has eaten enough lead to be that the rest of-your (easily and anyone
hamfut. In many communities there are who babysits for you is aware of the lead
blood screening proms= operated by lbal punt problem and will prevent your ehsid
health etc:umtentt but screening is usually from eating Paint Often children wll2 eat
conducted La older areas of cities where things It they are bored or hungry.=bitten
lead based paint and poisoning is most are safer If they have aetivitles or toys to
common. :emus= for Iead takes only s ter them busy. If your child s not eating
matter of minutes property. you may want to take him to a
EIood=canine Programs are usually free . doctor.
and will test children for lead even It they The beat ray to prevent lead paint poison.
show no symptoms of poisoning and have trig Is to keep your home In good shape.The
not even seen eating pant. A number of pRn fry source of the lead paint hazard It
peeling and flaking paint.Water leaks from
faulty plumbing or defective roofs often
SECTION IT. EQUAL EMPLOYMENT OPPORTUNITY to ascertain compliance with such rules, regu-
lations, and others.
A. Activities and Contracts Not Subject to Executive
Order 11246, as Amended (6) In the event of the contractor's non-compliance
with the non-discrimination clauses of this
(Applicable to Federally assisted construction contracts contract or with any of the said rules, regula-
and related subcontracts $10,000 and under.) Lions, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and
During the performance of this contract, the contractor the contractor may be declared ineligible for
agrees as follows: further Government contracts in accordance with
procedures authorized in Executive Order 11246 of
(1) The Contractor shall not discriminate against any September 24, 1965, or by rule, regulation, or
employee or applicant for employment because of order of the Secretary of Labor, or as otherwise
race, color, religion, sex, or national origin. provided by law.
The Contractor shall take affirmative action to
ensure that applicants for employment are employed, (7) The contractor will include the provisions of the
and that employees are treated during employment, sentence immediately preceding paragraph (1) and
without regard to their race, color, religion, the provisions of paragraphs (1) through (7) in
sex, or national origin. Such action shall every subcontract or purchase order unless
include, but not be limited to, the following: exempted by rules, regulations, or orders of the
employment, upgrading, demotion, or transfer; Secretary of Labor issued pursuant to Section 204
recruitment or recruitment advertising; layoff or of Executive Order 11246 of September 24, 1965,
termination; rates of pay or other forms of so that such provisions will be binding upon each
compensation; and selection for training, including subcontractor or vendor. The contractor will
apprenticeship. take such action with respect to any subcontract
or purchase order as the Department may direct as
(2) The Contractor shall post in conspicuous places, a means of enforcing such provisions, including
available to employees and applicants for sanctions for non-compliance. Provided, however,
employment, notices to be provided by Contracting that in the event a contractor becomes involved in,
Officer setting'forth the provisions of this non- or is threatened with, litigation with a sub-
discrimination clause. The Contractor shall state contractor or vendor as a result of such direction
that all qualified applicants will receive consid- by the Department, the Contractor may request the
eration for employment without regard to race, United States to enter into such litigation to
color, religion, sex, or national origin. protect the interest of the United States.
(3) Contractors shall incorporate foregoing require- C. Notice of Requirement for Affirmative Action to Ensure
ments in all subcontracts. Equal Employment Opportunity (Executive Order 11246,
as Amended)
B. Equal Opportunity Clause
(1) The Offeror's or Bidder's attention is called to
(Executive Order 11246, as amended, applicable to the "Equal Opportunity Clause" and the "Standard
Federally assisted construction contracts and related Federal Equal Employment Opportunity Construction
subcontracts $10,000 and above.) Contract Specifications" set forth herein.
During the performance of this contract, the contractor (2) The goals for minority and female participation,
agrees as follows: expressed in percentage terms for the Contractor's
aggregate workforce in each trade on all construe-
(1) The contractor will not discriminate against any tion work in the covered area, are as follows:
employee or applicant for employment because of
race, color, religion, sex, or national origin. FEDERAL REGISTER--PUBLISHED SEPTEMBER 7, 1979
The contractor will take affirmative action to
ensure that applicants are employed, and that Goals for Minority Participation in Each Trade
employees are treated during employment, without - .9%
regard to their race, color, religion, sex or Goals for Female Participation in Each Trade
national origin. Such action shall include, but - 6.9%
not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or These goals are applicable to all the Contractor's
recruitment advertising; layoff or termination, construction work (whether or not it is Federal
rates of pay or other forms of compensation, or Federally assisted) performed in the covered
and selection for training, including apprentice- area.
ship. The contractor agrees to post in conspic-
uous places, available to employees and applicants The Contractor's compliance with the Executive
for employment, notices to be provided setting Order and the regulations in 41 CFR Part 60-4
forth the provisions of this non-discrimination shall be based on its implementation of the Equal
clause. Opportunity Clause, specific affirmative action
obligations required by the specifications set
(2) The contractor will, in all solicitations or forth in 41 CFR 60-4.3(a), and its efforts to meet
advertisements for employees placed by or on the goals established for the geographical area
behalf of the contractor, state that all qualified where the contract resulting from this solicita-
applicants will receive consideration without tion is to be performed. The hours of minority
regard to race, color, religion, sex, or national and female employment and training must be substan-
origin. tially uniform throughout the length of the
contract, and in each trade, and the Contractor
(3) The contractor will send to each labor union or shall make a good faith effort to employ minor-
representative of workers with which he has a ities and women evenly on each of its projects.
collective bargaining agreement or other contract The transfer of minority or female employees or
or understanding, a notice to be provided by the trainees from Contractor to Contractor or from
Contract Compliance Officer advising the said project to project for the sole purpose of
labor union or workers' representatives of the meeting the Contractor's goals shall be a viola-
contractor's commitment under this section, and tion of the contract, the Executive Order and the
shall post copies of the notice in conspicuous regulations in 41 CFR Part 60-4. Compliance with
places available to employees and applications the goals will be measured against the total work
for employment. hours performed.
(4) The contractor will comply with all provisions of (3) The Contractor shall provide written notification
Executive Order 11246 of September 24, 1965, and to the Director of the Office of Federal Contract
of the rules, regulations, and relevant orders of Compliance Programs within ten (10) working days
the Secretary of Labor. of award of any construction subcontract in
excess of $10,000 at any tier for construction
(5) The contractor will furnish all information and work under the contract resulting from this soli-
reports required by Executive Order 11246 of citation. The notification shall list the name,
September 24, 1965, and by rules, regulations, and address, and telephone number of the subcontractor;
orders of the Secretary of Labor, or pursuant employer identification number; estimated dollar
thereto, and will permit access to his books, amount of the subcontract; and the geographical
records, and accounts by the Department and the area in which the contract is to be performed.
Secretary of Labor for purposes of investigation
(4) As used in this Notice, and in the contract employed by the Contractor during the training
resulting from this solicitation, the "covered period, and the Contractor must have made a
area" is the Appleton-Oshkosh SMSA (including commitment to employ the apprentices and trainees
Winnebago and Outagamie Counties). at the completion of their training, subject to
the availability of employment opportunities.
D. Standard Federal Equal Employment Opportunity Construction Trainees must be trained pursuant to training
Contract Specifications (Executive Order 11246) programs approved by the U.S. Department of Labor.
(1) As used in these specifications: (7) The Contractor shall take specific affirmative
actions to ensure equal employment opportunity.
a. "Covered area" means the geographical area The evaluation of the Contractor's compliance with
described in the solicitation from which this these specifications shall be based upon its effort
contract resulted; to achieve maximum results from its actions. The
Contractor shall document these efforts fully, and
b. "Director" means Director, Office of Federal shall implement affirmative action steps at least
Contract Compliance Programs, United States as extensive as the following:
Department of Labor, or any person to whom the
Director delegates authority; a. Ensure and maintain a working environment free
of harassment, intimidation, and coercion at
c. "Employer identification number" means the all sites, and in all facilities at which the
Federal Social Security number used on the Contractor's employees are assigned to work.
Employer's Quarterly Federal Tax Return, U.S. The Contractor, where possible, will assign
Treasury Department Form 941. two or more women to each construction project.
(d) "Minority" includes: The Contractor shall specifically ensure that
all foreman, superintendents, and other on-
(L) Black (all persons having origins in any of site supervisory personnel are aware of and
the Black African racial groups not of carry out the Contractor's obligation to main-
Hispanic origin); tain such a working environment, with specific
(2) Hispanic (all persons of Mexican, Puerto Rican, attention to minority or female individuals
Cuban, Central or South American, or other working at such sites or in such facilities.
Spanish Culture or origin, regerdlese of race);
b. Establish and maintain a current list of
(3) Asian and Pacific Islander (all persons having minority and female recruitment sources, pro-
origins in any of the original peoples of Far vide written notification to minority and
East, Southeast Asia, the Indian Subcontinent, female recruitment sources and to community
or the Pacific Islands); and organizations when the Contractor or its
unions have employment opportunities available,
(4) American Indian or Alaskan Native (all persons and maintain a record of the organizations'
hewing origins In any of the original peoples
of North America and maintaining identifiable responses.
tribal affiliation, through membership and c. Maintain a current file of the names, addresses
• participation or community identification). and telephone numbers of each minority and
(2) Whenever the Contractor, or any Subcontractor at any female off-the-street applicant and minority
tier, subcontracts a portion of the work involving or female referred from a union, a recruitment
any construction trade, it shall physically include source or community organization and of what
in each subcontract in excess of $10,000, the action was taken with respect to each such
provisions of these specifications and the Notice individual. If such individual was sent to
which contains the applicable goals for minority the union hiring hall for referral and was not
and female participation and which is set forth in referred back to the Contractor by the union,
the solicitations from which this contract resulted. or if referred, not employed by the Contractor,
this shall be documented in the file with the
(3) If the Contractor is participating (pursuant to 41 reason thetefor, along with whatever additional
CFR 60-4.5) in the covered area either individually actions the Contractor may have taken.
or through an association, its affirmative action
obligations on all work in the Plan area (including d. Provide immediate written notification to the
goals and timetables) shall be in accordance with Director when the union or unions with which
that Plan for those trades which have unions parti- the Contractor has a collective bargaining
cipating in the Plan. Contractors must be able to agreement has not referred to the Contractor
demonstrate their participation in and compliance a minority person or woman sent by the Contrac-
with the provisions of any such Hometown Plan. tor, or when the Contractor has other infor-
Each Contractor or Subcontractor participating in mation that the union referral process has
an approved Plan is individually required to comply impeded the Contractor's efforts to meet its
with its obligations under the EEO clause, and to obligations.
make a good faith effort to achieve each goal under
the Plan in each trade in which it has employees. e. Develop on-the-job training opportunities and/
The overall good faith performance by other contrac- or participate in training programs for the
tors or Subcontractors toward a goal in an approved area which expressly include minorities and
Plan does not excuse any covered Contractor's or women, including upgrading programs and
Subcontractor's failure to take good faith efforts apprenticeship and trainee programs relevant '
to achieve the Plan goals and timetables. to the Contractor's employment needs, espe-
cially those programs funded or approved by
(4) The Contractor shall implement the specific the Department of Labor. The Contractor shall
affirmative action standards provided in para- provide notice of these programs to the sources
graphs 7(a) through (p) of these specifications. compiled under 7(b) above.
The goals set forth in the solicitation from which
this contract resulted are expressed as percentages f. Disseminate the Contractor's EEO policy by
of the total hours of employment and training of providing notice of the policy to unions and
minority and female utilization the Contractor should training programs and requesting their coop-
reasonably be able to achieve in each construction eration in assisting the Contractor in meeting
trade in which it has employees in the covered its EEO obligations; by including it in any
area. The Contractor is expected to make substan- policy manual and collective bargaining
tially uniform progress toward ifs goals in each agreement; by publicizing it in the company
craft during the period specified. newspaper, annual report, etc.; by specific
review of the policy with all management
(5) Neither the provisions of any collective bargaining personnel and with all minority and female
agreement, nor the failure by a union with whom the employees at least once a year; and by posting
Contractor has a collective bargaining agreement, the company EEO policy on bulletin boards
to refer either minorities or women shall excuse accessible to all employees at each location
the Contractor's obligations under these specifi- where construction work is performed.
cations, Executive Order 11246, or the regulations
promulgated pursuant thereto.
g. Review, at least annually, the company's EEO
policy and affirmative action obligations
(6) In order for the non-working training hours of under these specifications with all employees
apprentices and trainees to he counted in meeting having any responsibility for hiring, assign-
the goals, such apprentices and trainees must be ment, layoff, termination, or other employment
decisions including specific review of these can provide access to documentation which demonstrates
• items with on-site supervisory personnel the effectiveness of actions taken on behalf of the
as Superintendents, General Foremen, etc., Contractor. The obligation to comply, however, is the
prior to the initiation of construction work Contractor's and failure of such a group to fulfill an
at any job site. A written record shall be obligation shall not be a defense for the Contractor's
made and maintained identifying the time and noncompliance.
place for these meetings, persons attending,
subject matter discussed, and disposition of 9. A single goal for minorities and a separate single
the subject matter. goal for women have been established. The Contractor,
however, is required to provide equal employment
h. Disseminate the Contractor's EEO policy opportunity and to take affirmative action for all
externally by including it in any advertising minority groups, both male and female, and all women,
in the news media, specifically including both minority and non-minority. Consequently, the
minority and female news media, and providing Contractor may be in violation of the Esecutive Order
written notification to and discussing the if a particular group is employed in a substantially
Contractor's EEO policy with other Contractors disparate manner (for example, even though the
and Subcontractors with whom the Contractor Contractor has achieved its goals for women generally,
does or anticipates doing business. the Contractor may be in violation of the Executive
Order if a specific minority group of women is under-
i. Direct its recruitment efforts, both oral and utilized}.
written, to minority, female and community
organizations, to schools with minority and 10. The Contractor shall not use the goals and timetables
female students and to minority and female or affirmative action standards to discriminate against
recruitment and training organizations serving any person because of race, color, religion, sex, or
the Contractor's recruitment area and employ- national origin.
ment needs. Not later than one (1) month
prior to the date for the acceptance of appli- 11. The Contractor shall not enter into any Subcontract with
cations for apprenticeship or other training any person or firm debarred from Government contracts
by any recruitment source, the Contractor shall pursuant to Executive Order 11246.
send written notification to organizations such
as the above, describing the openings, screening 12. The Contractor shall carry out such sanctions and
procedures, and tests to be used in the selec- penalties for violation of these specifi;a*_ions and of
tion process. the Equal Opportunity Clause, including susransion,
termination and cancellation of existing subcontracts
j. Encourage present minority and female employees as may be imposed or ordered pursuant to Executive
to recruit other minority persons and women, and, Order 11246, as amended, and its implementing regula-
where reasonable, provide after school, summer tions, by the Office of Federal Contract Compliance
and vacation employment to minority and female Programs. Any Contractor who fails to carry out such
youth both on the site and in other areas of a sanctions and penalties shall be in violation of these
Contractor's workforce. specifications and Executive Order 11246, as amended.
k. Validate all tests and other selection require- 13. The Contractor, in fulfilling its obligations under
ments where there is an obligation to do so these specifications, shall implement specific affirm-
under 41 CFR Part 60-3. ative action steps, at least as extensive as those
standards predescribed in paragraph 7 of these speci-
1. Conduct, at least annually, an inventory and fications, so as to achieve maximum results from its
evaluation at least of all minority and female efforts to ensure equal employment opportunity. If the
personnel for promotional opportunities and Contractor fails to comply with the requirements of
encourage these employees to seek or to prepare the Executive Order, the implementing regulations, or
for, through appropriate training, etc., such these specifications, the Director shall proceed in
opportunities. accordance with 41 CFR 60-4.8.
m. Ensure that seniority practices, job classifi- 14. The Contractor shall designate a responsible official
cations, work assignments and other personnel to monitor all employment realted activity to ensure
practices, do not have a discriminatory effect that the company EEO policy is being carried out, to
by continually monitoring all personnel and submit reports relating to the provisions hereof as
employment related activities to ensure that may be required by the Government, and to keep records.
the EEO policy and the Contractor's obligations Records shall at least include for each employee the
under these specifications are being carried name, address, telephone number, construction trade,
out. union affiliation if any, employee identification
number when assigned, social security number, race,
n. Ensure that all facilities and company activities sex, status (e.g. mechanic, apprentice, trainee,
are non-segregated except that separate or helper, or laborer), dates of changes in status, hours
single-user toilet and necessary changing worked per week in the indicated trade, rate of pay,
facilities shall be provided to assure privacy and locations at which the work was performed. Records
between the sexes. shall be maintained in an easily understandable and
retrievable form; however, to the degree that existing
o. Document and maintain a record of all solici- records satisfy this requirement contractors shall
tations of offers for subcontracts from minority not be required to maintain separate records.
and female construction contractors and sup-
pliers, including circulation of solicitations 15. Nothing herein provided shall be construed as a
to minority and female contractor associations limitation upon the application of other laws which
and other business associations. establish different standards of compliance or upon
the application or requirements for the hiring of
p. ' Conduct a review, at least annually, of all local or other area residents (e.g. those under the
supervisor's adherence to and performance Public Works Employment Act of 1977 and the Community
under the Contractor's EEO policies and Development Block Grant Program).
affirmative action obligations.
E. Section 3 Clause
(8) Contractors are encouraged to participate in .
voluntary associations which assist in fulfilling All contractors will be required to comply with Section 3
one or more of their affirmative 'action obligations of the Housing and Urban Development Act of 1968, as amended.
(7(a) through (p)). The efforts of a contractor Section 3 requires that to the greatest extent feasible,
association, joint contractor-union, contractor- opportunities for training and employment be given lower
community, or other similar group of which the income residents of the project area and contracts for
contractor is a member and participant, may be work in connection with the project be awarded to business
asserted as fulfilling any one or more of its concerns which are located in or owned in substantial part
obligations under 7(a) through (p) of these by persons residing in the area of the project. Contractors
Specifications provided that the contractor may be required to submit evidence documenting their
actively participates in the group, makes every compliance.
effort to assure that the group has a positive
impact on the employment of minorities and women
in the industry, ensures that the concrete
benefits of the program are reflected in the
Contractor's minority and female workforce
participation, makes a good faith effort to
meet its individual goals and timetables, and
SECTION :II
A. FORM 410
Federal Labor Standards Provisions U.S. Department of Housing f^
and Urban Development -I r
Applicability
The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions,including the views of all
contract pertains is being assisted by the United States of America and the interested parties and the recommendation of HUO or its designee.to the
following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre-
pursuant to the provisions applicable to such Federal assistance. sentative.will issue a determination within 30 days of receipt and so advise
A.1.(t)Minimum Wages.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day
ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man-
1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.)
of the project).will be paid unconditionally and not less often than once a (d)The wage rate(including fringe benefits where appropriate)
week,and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1)(b)or(c)of this paragraph.shall
such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con-
Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount tract from the first day on which work is performed in the classification.
of wages and bona fide fringe benefits(or cash equivalents thereof)due at (lit)Whenever the minimum wage rate prescribed in the contract for a
time of payment computed at rates not less than those contained in the class of laborers or mechanics includes a fringe benefit which is not
wage determination of the Secretary of Labor which is attached hereto and expressed as an houriy rate.the contractor shall either pay the benefit as
made a part hereof,regardless of any contractual relationship which may stated in the wage determination or shall pay another bona fide fringe
be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof.
mechanics.Contributions made or costs reasonably anticipated for bona (iv)If the contractor does not make payments to a trustee or other third
fide fringe benefits under Section 1(bX2)of the Davis-Bacon Act on behalf person.the contractor may consider as part of the wages of any laborer cr
of laborers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing
mechanics,subject to the provisions of 29 CFR-5.5(aX1)(iv):also,regular bona fide fringe benefits under a plan or program.Provided,That the
contributions made or costs incurred for more than a weekly period(but Secretary of Labor has found,upon the written request of the contractor.
not less often than quarterly)under plans,funds,or programs,which cover that the applicable standards of the Davis-Bacon Act have been met.The
the particular weekly period.are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate
incurred during such weekly period account assets for the meeting of obligations under the plan or program.
Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control
and fringe benefits on the wage determination for the classification of work Number 1215-0140.)
actually performed without regard to skill.except as provided in 29 CFR 2.Withholding.HUD or its designee shall upon its own action or upon
Part 5.5(aX4).Laborers or mechanics performing work in more than one written request of an authorized representative of Use Department of Labor
classification may be compensated at the rate specified for each cassifica- withhold or cause to be withheld from the contractor under this contract or
lion for the time actually worked therein:Provided.That the employer's pay- any other Federal contract with the same prime contractor,or any other
roil records accurately set forth the time spent in each classification in Federally-assisted contract subject to Davis-Bacon prevailing wage
which work is performed.The wage determination(including any additional requirements.which is held by the same prime contractor so much of the
classification and wage rates conformed under 29 CFR Part 5.5(ax1)(ii)and accrued payments or advances as may be considered necessary to pay
the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics,including apprentices.trainees and helpers.
tractor and its subcontractors at the site of the work in a prominent and employed by the contractor or any subcontractor the full amount of wages
accessible place where it can be easily seen by the workers. required by the contract In the event of failure to pay any laborer or
(Ii)(a)Any class of laborers or mechanics which is not listed in the mechanic,including any apprentice,trainee or helper,employed or working
wage determination and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or
be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the
approve an additional classification and wage rate and fringe benefits project),all or part of the wages required by the contract.HUD or its desig-
therefore only when the following criteria have been met nee may,after written notice to the contractor,sponsor,applicant or owner.
(1)The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any
performed by a classification in the wage determination:and further payment advance,or guarantee of funds until such violations have
(2)The classification is utilized in the area by the construction ceased.HUD or its designee may.after written notice to the contractor,dis-
industry:and bursa such amounts withheld for and on account of the contractor or sutr-
(3)The proposed wage rate,including any bona fide fringe bene- contractor to the respective employees to whom they are due.The Camp-
fits.bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct
wage determination. Davis-bacon Act contracts.
(b)If the contractor and the laborers and mechanics to be employed 3.(1)Payrolls and basic records.Payrolls and basic records relating
in the classification(if known),or their representatives.and HUD or its thereto shall be maintained by the contractor during the course of the work
designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and
designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States
taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937.or under the Housing Act of 1949.in the construction
and Hour Division,Employment Standards Administration.U.S.Department or development of the project).Such records shall contain the name.
of tabor,Washington.O.C.20210.The Administrator,or an authorized address.and social security numoer of each such worker.his or her cor-
representative,will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contnbu-
cation action within 30 days of receipt and so advise HUO or its designee tons or costs anticipated for bona fide fringe benefits or cash equivalents
or will notify HUO or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(B)of the Davis-b:con Act),
time is necessary.(Approved by the Office of Management and Budget daily and weekly numoer of hours worked,deductions made and actual
under OMB control number 1215-0140.) wages paid.Whenever the Secretary of labor has found under 29 CFR 5.5
(c)In the event the contractor,the laborers or mechanics to be (a)(1)(ivl that the wages of any laborer or mechanic include the amount of
employed in the classification or their representatives.and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro-
designee do not agree on the pr000sed classification and wage rate gram aescrt:ec:n Saction 1(b)(21(B1 or the Davis-Bacon Act,the contractor
(including the amount designates for fringe benefits,where appropriate). snail rr.airtair ,=c;rrc wnicn snow that the commitment to provide such
HUD-:010 (2.341
Previous :;Sidon is Ct_c,:_ 1:3.1-4 ,)
benefits
that is enforceable,plan or program g that mhe plan been program
omma communicated in writing the in npany crraft classification snail ot be greater than the ratio permitter to the
and real the plan n crogrem has neen comma
laborers or mechanics affected.and records which show the costs antic- contractor as to the entire
payroll an apprentice wage stet registered
sprogram.f registered
empl or the actual cost incurred in under providing such benefits.programs shall Contractors maintain or otherwise employed as stated above.shall be paid not less than the
written evidence apprentices the retrainees under reproesh Prp9r
written evidence of the registration of apprenticeship programs and certifi- applicable wage rate on the wage determination for the classification of
canon of trainee programs.the registration of the apprentices an trainees. work actually excess ede ratio ddition,any permitted apprentice performing ng program
and the ratios and wage rates prescribed in the applicable prod
(Approved by the Office of Management and Budget under OMB Control shall be paid not less than the applicable �a rate on the wage d to i
Numbers 1215-0140 and 1215-0017.) nation for the work actually perfo m is
(8)(a)The contractor shall submit weekly for each week in which any construction on a project in a locality other than that in which its Program
contract work is performed a copy of all payrolls to HUD or its designee if registered.the ratios and wage in the cons in
or percentages of e jour-
the agency is a party to Me contract.but if the agency is not such a parry, neyman's hourly rate)specified
the contactor will submit the payrolls to the applicant,sponsor,or owner, tered program shall be observed.Every apprenct a paid at pprentices
not
as the case may be.for transmission to HUD or its designee.The payrolls less than the rate specified in the registered program for the
submitted shall set out accurately and completely all of the information level of progress.expressed as a percentage of the journeymen hourly rate
required to be maintained under 29 CFR Part 5.5(a)(3)(i).This information specified in the applicable wage determination.Apprentices shall be paid
may be submitted in any form desired.Optional Form WH-347 is available fringe benefits ffits inpaccordance proghe got s fringe apprenticeship
benefits coat
for this purpose and may be purchased from the Superintendent of Docu- prod
meets(Federal Stock Number 029-005-00014-t),U.S.Government Printing apprentices must be paid the full amount of fringe benefits listed on the
Office.Washington.DC.20402.The prime contractor is responsible for the wage determination for the applicable classification.If the Administrator
submission of copies of payrolls by all subcontractors.(Approved by the determines that a different practice prevails for the applicable apprentice
Office of Management and Budget under OMB Control Number classification,fringes shall be paid in accordance with that determination.In
1215-0149.) the event the Bureau of Apprenticeship and Training.or a State Appren-
(b)Each payroll submitted shall be accompanied by a"Statement of ticeship Agency recognized by the Bureau.withdraws approval of an -
Compliance."signed by the contractor or subcontractor or his or her agent apprenticeship program.the contractor will no longer be permitted to utilize
who pays or supervises the payment of the persons employed under the apprentices at less than the applicable predetermined rate for the work
contract and shall certify the following: performed until an acceptable pfogram is approved.
(1)That the payroll for the payroll period contains the information (8)Trainees.Except as provided in 29 CFR 5.16.trainees will not be
required to be maintained under 29 CFR Part 5.5(a)(3)(i)and that such permitted to work at less than the predetermined rate for the work per-
formed unless they are employed pursuant to and individually registered in
per-
information is correct to comports a program which has received prior approval,evidenced by formal certifi-
(2)That each laborer or mechanic(inducing each helper, of labor.Employment and Training Admini-
apprentice.and trainee)employed on the contract during the payroll period cation by the U.S.Department to
has been paid the full weekly wages earned without rebate.either directly stration.The ratio of tr under the plan ymen on be toe Empshall not be
or indirectly.and that no deductions have been made either directly or indi- greater than permitted not
redly from the full wages earned.other than permissable deductions as set Training Administration.Every trainee
the must
be paid
oat nl of progressthe rate
forth in 29 CFR Part 3: specified in the approved program
(3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the
applicable wage rates and fringe benefits or cash equivalents for the Gas- applicable wage determination.Trainees shall be paid hinge benefits p o-
sication of work performed.as specified in the applicable wage determine- gram deans not mention provisions i s of trie trainee
rogra . Paid the full
lion incorporated into the contract
(c)The weekly submission of a properly executed certification set amount of fringe benefits listed on the wage determination unless the
forth on the reverse side of Optional Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines that there is an
requirement for submission of the"Statement of Compliance"required by •apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full
paragraph A.3.(ii)(b)of this section. apprentices.Any employee listed on the payroll at a
(d)The falsification of any of the above certifications may subject the fringe benefits for apprrn Y plan
contractor or subcontractor to civil or criminal prosecution under Section trainee rate who o is registered
Training Adm participating inadoainin b paid not
1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved by
(iii)The contractor or subcontractor shall make the records required less than the applicable wage rate on the en performing work n for the work the ob site
under paragraph A.3.(i)of this section available for inspection.copying,or actually performed.In addition.any program shall o paid
transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted under the registered prod
Department of Labor,and shall permit such representatives to interview not less than the applicable wage rate on the wage determination for the
employees during working hours on the job.If the contractor or subcon- work actually performed.In the event the Employment and Training Admit-
tractor fails to submit the required records or to make them available.HOD is�e°bwithdraws ra approval of a eras atgiess than the contractor applicable swill no
or its designee may,after written notice to the contractor.sponsor,tenor- mined rate for the work performed until an acceptable program is
cant or owner,take such action as may be necessary to cause the sus-
pension of any further payment advance.or guarantee of funds.Further- approved.
more,failure to submit the required records upon request or to make such (iii)Equal employment opportunity.The utilization of apprentices
records available may be grounds for debarment action pursuant to 29 trainees and journeymen under this part shall be in conformity with the
CFR Part
equal employment opportunity requirements of Executive Order 11246.as
4.(i)Apprentices and Trainees.Apprentices.Apprentices will be per- amended and 29 CFR Part 30.
mitred t0 work at less than the predetermined rate for the work they per- 5.Compliance with Copeland Act requirements.The contractor shall
formed when they are employed pursuant to and individually registered in a comply with the requirements of 29 CFR Part 3 which are incorporated try
bona fide apprenticeship program registered with the U.S.Department of reference in
nthitr this con
The contactor or subcontractor will insert in any sub-
Labor,Employment and Training Administration.Bureau of Apprenticeship contracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such
Bureau.Training, person with a State Apprenticeship Agency 90 days p oy the other clauses as HUD or its designee may by appropriate instructions
Bureau.or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program.who is require,and also a clause requiring the subcontractors to include mese
not individually registered in the program.but who has been certified by the clauses
n nyrlower
ompsubco tract The
subcontractor contractor ttor shall
air beccon-
Bureau of Apprenticesnip and Training or a State Aoprenticesnio Agency tractor with all:he contract clauses in 29 CFR Part 5.5.
(where appropnate)to be eligible for prooat:cnary employment as an
7.Contract*termination:debarment.A breach of the contract clauses in pensatlon at a rate not less than one and one-half times the basic rate of
29 CFR 5.5 may be grounds for termination of the contract and for debar- pay for all hours worked in excess of eight hours in any calendar day or in
ment as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek whichever is greater.
it Compliance with Davis-Bacon and Related Act Requirements.All rul- (2)Violation;liability for unpaid wages;liquidated damages.In the
ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)of this
29 CFR Parts 1,3.and 5 are heren incorporated by reference in this paragraph,the contractor and any subcontractor responsible therefor shall
contract be liable for the unpaid wages.In addition.such contractor and subcon-
a.Disputes concerning labor standards.Disputes arising out of the labor tractor snail be liable to the United States(in the case of work done under
standards provisions of this contract shall not be subject to the general contract for the District of Columbia or a territory,to such District or to such
disputes clause of this contract Such disputes shall be resolved in scum- territory),for liquidated damages.Such liquidated damages shall be corn-
dance with the procedures of the Department of Labor set forth in 29 CFR parted with respect to each individual laborer or mechanic.including
Parts 5.6.and 7.Disputes within the meaning of this clause include dis- watchmen and guards.employed in violation of the clause set forth in sub-
putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in the sum of 510 for each calendar day on
designee.the U.S.Department of Labor.or the employees or their which such individual was required or permitted to work in excess of eight
representatives. hours or in excess of the standard workweek of forty hours without pay-
10.(i)Certification of Eligibility.By entering into this contract the con- merit of the overtime wages required by the clause set forth in subpara-
tractor certifies that neither it(nor he or she)nor any person or firm who graph(1)of this paragraph.
has an interest in the contractor's firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages.HUD or its
awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an audio-
Bacon Act or 29 CFR 5.12(a)1)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold or cause to be
pate in HUO programs pursuant to 24 CFR Part 24. withheld.from any moneys payable on account of work performed by the
(u)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal
ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract or any other Federally-assisted con-
the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act which
or participate in HUD programs pursuant to 24 CFR Part 24. Is held by the same prime contractor such sums as may be determined to
(8ii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor
Criminal Code.18 U.S.C.1001.Additionally,U.S.Crimnal Code.Section for unpaid wages and liquidated damages as provided in the clause set
1010.Title 18,U.S.C.,"Federal Housing Administration transactions",pro- forth in subparagraph(2)of this paragraph.
vides in part"Whoever,for the purpose of, . influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any
action of such Administration. . . makes,utters or publishes any statement subcontracts the clauses set forth in subparagraph(1)through(4)of this
knowing the same to be false. . . shall be fined not more than 55.000 or paragraph and also a clause requiring inc subcontractors to include these
imprisoned not more than two years.or both." clauses in any lower tier subcontracts.The prime contractor shall be
11.Complaints.Proceedings,or Testimony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier subcontrac-
mechanic to whom the wage,salary,or other labor standards provisions of for with the clauses set forth in subparagraphs(1)through(4)of this
this Contract are applicable shall be discharged or in any other mariner paragraph.
discriminated against by the Contractor or any subcontractor because such C.Health and Safety
employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shad be required to work in surroundings
any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary,hazardous.or danger-
under or relating to the labor standards applicable under this Contract to out to his health and safety as determined under construction safety and
his employer. health standards promulgated by the Secretary of Labor by regulation.
B Contract Work Hours and Safety Standards Act.As used in this para- (2)The Contractor shall comply with all regulations issued by the
graph,the terms laborers"and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and
guards. failure to comply may result in imposition of sanctions pursuant to the Con-
(1)Overtime requirements.No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public Law 91-54.83 Stat 96).
for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Article in every
merit of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor.
mechanic in any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any subcontract as
to work in excess of eight hours in any calendar day or in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor
hours in such workweek unless such laborer or mechanic receives corn- shall direct as a means of enforcing such provisions.
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