HomeMy WebLinkAboutCommercial Rehabilitation Program Guidelines/Financial Aid 1986 `( HALL
$15 Ch.:rcn Avenue
O a9X 11'33
Dsnk n Atcon= 7CITYCLERK 5a9oz City of Oshkosh114 April 28, 1986
OJHKOJH
ON THE WATER
Mr. Dennis Schwab
435 Algoma Boulevard
Oshkosh, Wisconsin 54901
Dear Mr. Schwab:
Enclosed is a copy of a Letter of Agreement between yourself and the
City of Oshkosh. This letter is to notify you that as of the date of this
letter, the Letter of Agreement dated October 21 , 1985 has been terminated
by the City of Oshkosh. The termination is due to the transfer of the
property at 408 North Main Street to another owner. Therefore, the City
will unencumber the Commercial Rehabilitation funds set aside for that pro-
ject and use those funds during the 1986 program year.
Should you have any questions or comments pertaining to this matter,
I can be contacted at 236-5055.
Sincerely,
CITY OF OSHKOSH
N C. BLUEMKE
Economic Development Specialist
JCB/dpm
Enclosure
cc: Warren Kraft
a Serwas
Jane Schmidt
LETTER OF AGREEMENT
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.
C. If requested provide the City all information necessary to document
compliance with applicable local building and zoning codes and federal
regulations.
D. Submit to the City, upon projects completion a Request for Inspection
and Release of Funds together with necessary invoices, lien waiver,
and cancelled checks to substantiate the cost of the project.
E. Agree to and does hereby hold the City harmless and does hereby
indemnify the City against any claims or demands of any persons or
organizations arising by reason of this agreement.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals, as of
this 2/ day of Oc-w b« , 19 hs
; I =A - 12-
:;i Applicant/
`{ ' City of 9shkosh
Ccrr tro!I{z Wflliam D. Frueh, City Manager
� � will y
' / :)}
A N G L Donna C. Serves, City Clerk
OCT 2 685 1�
CITY ATTORNEY mod`
OSHKOSH.WISCONSIN
•
• LETTER'OF AGREEMENT
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.
C. If requested provide the City all information necessary to document
compliance with applicable local building and zoning codes and federal
regulations.
D. Submit to the City, upon projects completion a Request for Inspection
and Release of Funds together with necessary invoices, lien waiver,
and cancelled checks to substantiate the cost of the project.
E. Agree to and does hereby hold the City harmless and does hereby
indemnify the City against any claims or demands of any persons or
organizations arising by reason of this agreement.
IN WITNESS WHEREOF, the'parties hereunto set their hands and seals, as of
this :-:1-)1 day of Lk-7-,■ , 19 •:S .
✓� v'` f/
A icant
City of /hkoGh •
��
'' William D. Frueh, City Maniger
APPROVED /
Donna C. Serwa2, City. Clerk
OCT 2 498 hi
, .
CITYA •
OSHKOSH,WISCONSIN
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 sympstoma 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. D e Signature
Contact your doctor or local health department for help or more
information. Lead screening 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:M DANCER OF LEAD POISONING TO EEIMES
This housing or apartment was built seem worker at the local health deeat. To prevent peeling paint most wart.
before MO. There is a possibility that it merit at there are no screeninl preeraats to merits should be re:tinted ever, trues to
may contain lead paint. Load paint is poi- your city and you cannot a toe testing.the fire
of the years.It L import o when. repainting
sanots if eaten.Many children do eat paint Medicaid program may
Cakes and frequently become very sicX.You children Loth below sue yeses of sae and ttms comes If your a; rinsent has not been
as a parent are in the best position to safe- shove the ate of six if a doctor says that rre;slntnaeerae L office.tried of time.intets=
r.
sawed your Child's health by preventing him testing ts o�u your child has a lath or landlord.
or!:er from eating paint or.paint chips This if
pamphlet will answer some of your .Cues. level of lead in his blood be will need meth. You may have a lead paint hasssd now if
tiers about how to know if your child has cal supervision and possibly treatment. If your walls are usetine or peeling. U you
been gaunt lead paint and what(o Co:bout comic.or haspital will be able to remove the you she d do children.tmaedistsiY to protect them.
It
Lead poisoning is a serious health problem lead in your child's blood. Such treatments (11 IKotif7 the management office or reel.
in this country. Ea:h year thousands of may be paid far ay Medicaid or your local dent t=anager or landlord immediately: 121
children under T years of age are poisoned health departtaent If testing shows that set a broom or stiff brash and remove all
wtsen they eat bits of paint containing lead. Your child has a lot of lead In his blood, loose pieces of paint from walls.woodwork.
Children who eat lead can become mentally your local health departsidat may sand and ea itit (3) ewes, up all the pieces of
retarded. blind. paralysed. or even die. You someone to measure the lead paint in your paint and piaster:(tl put the aweeeints in a
can safeguard your child's health by pre• home. and may require treatment by the payer bag or wrap them is aresaaper and
renting him (rem twine paint chips which owner of the unit of the lead paint hazards put these in a trash cam(3) be careful not
may contain lead.The Department of Hour- on walls and woodwork.Such work Is often to leave paint chins on the floor. end keep
isle and Urban Development has prepared messy and inepnvenient but it is meets a 7 Children away from the dust. .tlssri keep
CU* pamphlet to make you aware of the to prevent the paaibillt?of further sicknsess the floor dear of loose bits of paint and
from lead. Cooperate with any warkssesi piaster. Sweeping the floors clean of paint
=able= of laid paint poisoning the who are sent to carnet the lead condition in ehipa le dzple• but it is most important.
home. know to do Yount home. Chiidrea out pick loose.sitar all walls.so be
prevent As a entsrtt,Yau used to t=.e Lead paint is not the only cause of lead sigma arefui about tenpin!:he loess pant
o u ne the sickness lead paint can arras. poisoning. Your child tonn be poisoned by from the :Duce part of Walt where your
h
You need i knew g whsi to do It 7m;t child eating paint dirt. or other non-food sub- child can reaelh. As an eszerge cy measure.
has lead pond can stances containing lead.Young e:1ld:en out you airier also move bury furniture
Your ins. Ci. get lead poisoning er t-,snit' hugs besides food in their mouths. against walls with peeling:aunt.
oor.f eating:sirt. .s CusL nsysra7st.or ocher but if those rblects contain lead.poisoning Remember that you;MY a valor role as a
atrrScod ice=s csntsinir.! lewd- The most is passible. A child can get lead poisoning parent in the prevention of lead oeisonini.
cur-man arse of lead poisoning is lead- from eating or chewing on non-food items Your aetiors and awareness about the lead
based ;mint. Children can get ds:.gerbtts which contain lead. Including dirt newsps. problem can matte a big dit::rence.
amounts of lead from eating even very small Per. and even some pottery. and furniture.
amounts of such paint. Unfortur udy. usu. Even common household dust sometimes
ally :here are no obvious sins of lead poi- contains high levels of lead. Lead paint
inning.Often lead poisoning c ee seem like a which has weather el and fallen to the
number of other Childhood diseases. but it round can collect to dust and sot.1:xliaust
your child has stomach mites and vomiting. frost autacobiles which used leaded gm,
has headaches.a loss of appetite.it esank?. line also contains lead which can collect to
or treC-antly Is has tired to play. he may dust and sot. Children should be discour•
have lad Goisonine. Any or all of these aged from playing Its dust and dirt near
symptoms Can be siesta of lend poisoning• busy streets where the Iead content in soil is
Often. there are no siTnot ors at all. If llhely to be heaviest
anyone tells you that your child has eaten You should stop your child from eating or
paint chips or piaster, or it you see say of chewing paint and other objects that may
these sires in your child. he should be contain lead. Want Your child of the elan.
tested for lead in his blood as soon as posed- gets of eating anything other than food if
Cie.Oa not wait too long Your doctor.local he is old enough to unders::.'nd. Make sure
einie•Soapits.or public health department that the rest of your family and anyone
tire test your child for lead poisoning.Blood who t abysits for you Is aware at the lead
ssrnple'aess be taken and tested (4 tali if paint problem and will prevent your child
your child has eaten enough lead to be tram eating paint Often children will eat
fsr..sf.tt. Its many communities there use things 11 they are bored or hungry.Children
blood screening programs operated by Fed are safer If they have activities-or toys to
heal!it Ceeart_nents.but screening is usually keep them busy. It your child is not eating
conducted in older areas of cities where properly. you may want to take his to a
,!ead•based paint and poisoning 4..,ntpst doctor.
common. .Testing for lead takes oniy► a The best way to prevent lad paint poison.
muter of minutes lnt is to keep your home in good shape.The
Flood screening programs iie usuallY fret pria.ary source of lead paint hazards is peel-
and will test children for lead even of tile? trig and flaking paint Water leaks from
they no symptoms of poisoning sad have faulty plumbing or-defective roofs often
not been seen eating paint. A number of auSe paint to peel or (lake from walls and
Plead screening programs are supported by ceilings. Repair of such leaks can prevent
sae Denartntent of Health. Education and future peer-.g or flaking. If you have such
.eifare. and local health deparL.'nerts. U Ieaks. or tf you have petite& flaking paint
;tau are ur.aw:re of a screening program In In your aoartment.notify tae management
:our area, cell your public health nurse or or landlord.
Appendix I:
THE DANGER OF LEAD POISONING TO HOMEOWNERS
This in:usi.g or averment:ant was built blood vs.:erring programs are supported by Cause paint to peel or flake from watts and
before 1930. There is • possibility that It the l:epartrsent of Realth. Education. and ceiling,quick repair of such teaks can pre.
may cantatn lead Paints. Lead paint is pal- Welfare, and Iocal health departments. II vent this.
sottot s If eaten.Malty children do eat paint you are unaware of a screening proc:am tat To prevent peeling paint. most housing
Cakes and f:eQUeattly become very sick.You year area. call your puotle health nurse or units should be repainted every three to five
ss a parent are in the best position to sate- social worker at the local health depart- years.Any loose or flaking paint should be
guard your child's health by preventing hint meat If there are no screening prosy--ins to removed by sCSOtnt or brush:rig. Cracked
or her from etunti paint or paint chips.This your city and you cannot raced testing.the wails should be re:lastered before new paint
pa„:zhlet will answer some of your cues- )Ifedic:Liu program may pay fez'screening of is applied.U your wall=are arcking or Peti-
tions about how to know if your child has children both below six years of age and Int new.you may have •lead paint hazard.
been eacrne lead Saint and what to de about above the age of six. if a doctor says that It you have small children. there are some
it. testing is necessary. • things you should do immediately to protect
Lead sct:toniag is a serious.problent in this It tests show that your child has a Melt them: t2) diet a broom or still brush and
mt::t:T. Each year thousands of children level of lead In has blood he will need=edi- remove all loose oleos of paunt from call„
Wrier:yeas of age are poisoned when they cal supervision and possibly treatment if woodwork.and main=123 s=eep uti all tae
tat bits of saint =staining lead. Children treatment is necessary.your doctor.a local pieces of paint and plaster, a) put the
oho eat lead an become mentally retarded. clinic„or hospital will be able to remove the sweepings In a pacer bpi or crap Utica In
bible.. mealyzed. or even die. You ma safe- Lead In his blood. Such treatments may be newspaper and peat these packages In a
res.-ti your child's health by preventing bun paid for by Medicaid or your loci/ health trash cant:to be careful not to leave Palate
front eating paint chips which may contain department.If letting shows that your child chins as the floor. Always keep the floor
lead. The Department of /Cousins and has a lot of lead In his blood, the local clear of loose bits of paint and plaster.
Crain Development has prepared this pant- health department may send someone to Sweeping the floors dean of Paint chins is
phlet to make you s.wa.-t of the problem of measure the lead paint In your home. simple, but It is most trporwst. Children
lead paint poisoning is the home. Standards for treatment of lead hazards in can pick loose paint oft o=ils, so be extra
As parent you need to know bole to pre. housing vary tram city to city. Follow the careful about keeping loose Paint from tie
vent the sickness lead paint art muse.You directions and guidance of your local health lower pant of walls where your child an
need to know what to do it your child has department, reach:As sn emergency measure to protect
lead poisoning. Lead paint is not the anl7 cruse of lead your child.you can cover en the lower past
Your child can feet lead poison/at by rononing. Your child coat be poisoned by of walls with adhesive backed page:and you
eating saint.dirt dust.newspaper.or other eating Saint dirt. or other non-food sub' ern cover the woodwork chic: your child
non-food items containing lead. The meet stances containing lead.Young children put a tiths chew with adhesive tone or piper.As
tornion cause of lead poisoning is lead- many things besides food in their mouths. ass emergency meautre, you might also
based paint Children con get dangerous but If those objects Contain lead.poisoning move heavy furniture agaist walls rit'i
amounts of lead from eating even very small is possible. Your child tat get lead poison- peeling paint.
amounts of such paint. Unfortunately. usu- Int from eating or chewing on non-food Aeme=ber that you play a mz or role as a
ally there are no obvious signs of lead poi- items which curtain lead. including dirt hdmeosaer and as a parent in t:a ;seven•
seining.Often lead poisoning can seem like newspaper, and even some pottery and fur- non of lead poisoning. Your actions and
number of other e-LSUldhaod diseases. but if suture. men common household dust some- aa'arecam about the lead problem as make
pour child has stomach aches and vomiting. tithes contains kith levels of lead. Lead t big difference.
has headaches.a lam of scoot/tit is cranky paint which has weathered and fallen to the
or frecuentty Is too tired to play. he may ground art collect in deist and sod.Exhaust
have lead poisoning. Any or all of these from automobiles which use leaded gasoline
syr_ptons can be signs of lead poisoning. also contains lead which can collect In dust
Often, there are no symptun's at all U and soil. Children should be discouraged
anyone tells you that your child has eaten from playing in dust and dirt near busy
paint chi= or piaster, or if you see any of streets where the lead content in soil is
these si=rs to your child. he should be likely to be heaviest,
tasted for lead In his blood as soon as pond. You should stop your child from eating or
ble.Co not wait too lone Your doctor.local chewing paint and other objects that may
clinic.has:Ital.or public health department contain lead. Warn your child of the den.
can test your child for lead poisoning.Blood gars of 'sunk anything other than food it
samples s mat be taken and tested to tell If he is old enough to understand. Make sure
your Child has eaten enough lead to be that the rest of your family and anyone
hutss.uL In many communities there are who babysits for you Is aware of the lead
blood screening programs operated by loci/ paint problem and will prevent your child
health department.but sreensng is usually from eating paint. Often children sill eat
conducted. In older areas of cities where mina if they are bored or hungry.Children
lesd.based Paint and poisoning s most are cater tt they have activities or toys to
eocrrmon. Testing for lead takes only a keep them busy. if your child is not eating
matter of minutes. property, you may wa=it to take him to a
=food screening programs are usually free doctor.
and will test children for lead even If they The best way to prevent lead paint poison.
show no symptoms of poisoning and have fng s to keep your home in good shape.The
not been seen eating paint. A number of primary source of the lead paint hazard Is
peeling and flaking paint.Water leaks Irons
faulty plumbing or defective roofs often
SECTION II. 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.) tions, 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 construc-
(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-
(1) Black (all parsons 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
attention to minority or female individuals
(2) Hispanic (all persons of Mexican, Puerto Rican, working at such sites or in such facilities.
Cuban, Central or South American, or other
Spanish Culture or origin, regardless 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'
having origins in any of the original peoples responses.
of North America and maintaining identifiable
tribal affiliations 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 therefor, 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 its 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 112.46, 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 be 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
such 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 specifications and of
tion process. the Equal Opportunity Clause, including sueransion,
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 III
A. FORM 4010
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development ,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 HUD or its designee.to the
following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator.or an authorized room-
pursuant to the provisions applicable to such Federal assistance. sentative.will issue a determination within 30 days of receipt and so advise
A.1.(1)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(1xb)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 tabor 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 (W')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 hourly rate.the contractor shall either pay the benefit as
made a part hereof,regardless of any contracturai 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 tide 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(a)(4).Laborers or mechanics performing work in more than one written request of an authonzed representative of the Department of Labor
classification may be compensated at the rate specified for each classifica- withhold or cause to be withheld from the contractor under this contract or
bon for the time actually worked therein:Provided.That the employer's pay- any other Federal contract with the same prime contractor,or any other
roll 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(a)(1)(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 sub-
(3)The proposed wage rate,including any bona fide fringe bene- contractor to the respective employees to whom they are due.The Comp-
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.n 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 Labor,Washington.D.C.20210.The Administrator,or an authorized address.and social secunty number of each such worker.his or her cor-
represenative,will approve.modify,or disapprove every additional cfassifi- 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 tions or costs anticipated for bona fide fringe benefits or cash equivalents
or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(B)of the Davis-bacon Act).
time is necessary.(Approved by the Office of Management and Budget daily and weekly number 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 (ag1)(iv)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 proposed classification and wage rate gram descr ices in Section 1(b)(2)(B)of the Davis-Bacon Act,the contractor
(including the amount designated for fringe benefits,where appropriate), shall maintain reccres which snow that the commitment to provide such
HUD-4010 (2.34)
Previous Edition is Cbco:c:'= 3 1344.1?
benefits t that is enforceable.plan or program that mhe plan bor een common is communicated witing to diets in any craft classification shall otabe greater than the ratio permitted to the
and that the plan or program has been communicated writing program.
laborers or mechanics affected.and records which show the costs antici- contractor as to the entire work force under apprentice th a rgis registered i t Any
empl yi the prenl cost incurred in under providing approved pen shall maintain or otherwise empl ed as stated above.shall be paid riot less than the
employing apprentices or trainees under approved prog
written evidence of the registration of apprenticeship programs and certifi- applicable wage rate on the wage determination for the classification of
cation of trainee programs.the registration of the apprentices and trainees. wort actually performed.In addition,any apprentice performing work on
programs. the job site in excess of the ratio permitted under the registered program
and the rd by and wage rates Management and Budget iunder OMB Control shall be paid not less than the applicable wage rate on the wage deterni-
N
(Approved by the 40 an of Management
Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing
(U)(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 is jOur-
contract work is performed a copy of all payrolls to HUO or its designee it registered the ratios and wage in rates( expressed in
or percentages
to seegis-
the agency is a party to the contract but if the agency is not such a parry, neyman's hourly rate)specified reric's or
must be paid r' net
the contractor will submit the payrolls to the applicant sponsor.or owner, tered program shall be observed.Every app program for the apprentice's
as the case may be.for transmission to HUD or its designee.The payrolls less than the rate specified in the registered
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 in accordance with the provisions of the apprenticeship
for this purpose and may be purchased from the Superintendent at Docu- program.If the apprenticeship program does not specify fringe
ments(Federal Stock Number 029-005-00014-1),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 p in redeter rate for the work
is contract and shall certify the following performed until an acceptable program approved.
(1)That the payroll for the payroll period contains the information (ii)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-
information is correct and complete: formed unless they are employed pursuant to and individually registered in
(2)That each laborer or mechanic(including each helper, a program which has received prior approval,evidenced by formal certifl-
apprentice.and trainee)employed on the contract during the payroll period cation by the U.S.Department of Labor.Employment and Training Admini-
has been paid the full weekly wages earned without rebate,either directly stration.The ratio of trainees to journeymen an the site lent and
rm
or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by the not
ready from the full wages earned other than permissable deductions as set Training Administration.Every program for the trbe pa aid s tat nl of less Man the rate
forth in 29 CFR Part 3: specified in the approved
(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
rfo and fringe specified benefits the applicable age for deteterminna- accordance with thee provisions of the traineelprogram.ItIt the trainee pro-
tion inc rpo to performed.contract specl grant does not mention fringe benefits,trainees shaft be paid the full
lion incorporated weekly into the submission(a)The weeky submission of a property executed certification set amount of hinge 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
apprenticeship program associated with the corresponding joumeyman
paragraph for submission of the"Statement of Compliance"required by •
wage rate on the wage determination which provides for less than full
paragraph he falsification cf this of(d)The falttificatfon of arty of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a
contractor or subcontractor to civil or criminal.prosecution under Section trainee rate who is not registered
and ping Administration snatioaining plan paid not
1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved by
co)The contractor or subcontractor shall make the records required less than the applicable wage rate on performing work nn for the jeb work
under paragraph A.3.(i)of this section available for inspection,copying,or actually performed.In addition,any g work n the o paid
transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted under the registered
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 jab.If the contractor or subcon- work actually performed.In the event the Employment and Training Admin-
tractor fails to submit the required records or to make them available.HUD iffier be permitted approval ot a training atless than program.
the applicable cable will no
or-
or its designee may,after written notice to the contractor,sponsor, sus- 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. opportunity.The utilization of apprentices.
more.failure to submit the required records upon request or to make such trainees Equal employment rep rtu part shall be in conformity with ts,
CFR Part 5.1able may be grounds for debarment action pursuant to 29
equal employment opportunity requirements of Executive Order 11246.as
CFR Part pre amended.and 29 CFR Part 30.
4.(I)Apprentices and Trainees.Apprentices.Apprentices will be per-
mitred to 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 by
bona fide apprenticeship program registered with the U.S.Department of reference in this contract
Labor.Employment and Training Administration.Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub-
and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such
Bureau.or if a person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions
employment as an apprentice in such an apprenticeship program,who is require.and also a clause requiring the subcontractors to include these
not individually registered in the program,but who has been certified by the responsible for lower tier subcontracts.The prime contractor wes shall be
Bureau of Apprenticeship and Training or a State Apprenticeship Agency tractor with all the contract clauses in 29 CFR Part 5.5.
(where appropriate)to be eligible for prooaucrary employment as an
!..sir
7.Contracts termination:debarment.A breach of the contract clauses in pensation 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
merit as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek whichever is greater.
8.Compliance with Davis-Bacon and Related Act Requirements.All rul- (2)Visaedon: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 herein 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-
9.Disputes concerning labor standards Disputes arising out of the labor tractor shall 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 actor- territory),for liquidated damages.Such liquidated damages shall be com-
dance with the procedures of the Department of Labor set forth in 29 CFR puted 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- ment 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 autho-
Bacon Act or 29 CFR 5.12(aX1)or to be awarded HUD contracts or partic- rued 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
(11)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
(iii)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 . Jnfluencing in any way the (4)Subcontracla.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 the 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 arty other manner paragraph.
discriminated against by the Contractor or any subcontractor because such C.Heath and Safety
employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall 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 ous 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 Howe and Safety Standards Act,As used in this pars- (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 Tide 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 arty pan 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.
HUD-3010 f 34)
LETTER OF AGRE :E;;=
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.
C. If requested provide the City all information necessary to document
compliance with-applicable local building and zoning codes and federal
regulations.
D. Submit to the City, upon projects completion a Request for Inspection
and Release of Funds together with necessary invoices, lien waiver,
and cancelled checks to substantiate the cost of the project.
E. Agree to and does hereby hold the City harmless and does hereby
indemnify the City against any claims or demands of any persons or
organizations arising by reason of this agreement.
INS ESS WHEREOF the'part es hereunto et their hands and seals, as of
this // day of , 19
I hereby
4411Pd -o i
�have n0.: g /accr c Appiicant ,/4,442. . -A°05 e
City of O.::kosh
Nk A L1 11 k,1.
City Comptroller ///s 4 '
Wi liazr. J. Frueh, City Manager
A1'P ROV D
Donna C. S,?r :a, City Clerk
19:
VIWAK
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.
.noun ---.... - .. ..,. -.
=R LZAD-aASED PAINT POISONING occupant, iur!aq c-,e removal :,;w:a.a.
the removal of lead-based paint snoull Cawepia_e .;;e-s n
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
may be a real danger for babies and your children. Whenever possible, the removal of lead-based paint should take piece 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 it 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 hand. g
into their mouths, and ingest a dangerous amount of lead.
Has your child been especially cranky or irritable? I. 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 cease mental retardation, blindness, Poisoning to Renters."
and even death.
•
If you suspect that your child has eaten chips of paint or ^ 7
someone told you this, you should take your child to the Y 5 /IDJ't/!lug 71�`C
doctor or clinic for tasting. If the test shwa that your
L
child has an elevated blood lead level, treatment is available. to Signature
Contact your doctor or local health department for help or more
information. Lead screening and treatment are availablp through
the Medicaid Program for thoee 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
TUE DANCER OF LEAD POISONING TO RENTERS
This housing or apartment was built social worker at the Local health de:art. To =event peeling paint most
before 1250. There is a passibility that it men.Lf there are no Sc r atfordprograms he fire Yeses-should be a re:taint.d ever/ititr 'te
may Contain lead paint. Lead paint is poi. your city and you canna management
l
setriena if and frequently ybecome very siedc.You children tooth below asiraTefars=Testing agesurd time comes.If ur apaartsssent has not been
as a ;Arent ue in the best positron Co sale- above the are at sir if a doctor says that t esced within
nt is period of ti mans=rem the
or he Your child's health by prevsni rd. him testing f tests show it your Chad has a high or landlord.
or her from sating paint Or meaiat third.This level of lead in his blood he will need meal. You may have a lead paint hazard now if
pamphlet will stases same o at your Auto. r
tisrts :rout how to know if your child has al supervision and possibly treatment- tl your salts are caekirf or peKWns. U you
been eating lead paint and what to do about treatment Is necessary. your doctor. a local have small children. there are somethings
1. clinic.or hospital will be able to remove the you should do fit.-'sedately to protect them.
Lead poisoning Js a serious health*roblem lead in your ehild's blood.Such treatments {II Notify the ens:agement office or rest.
in this country. eats year truism:ids
so of may
eallth deaart Bask If testing their* that yet a broom or stiff br sh tad seem a(23
when under T Years at age are poisoned
when tin eat bits of paint containing
me lead. your lot of lead In his
rtartanent mast send anti ceiling= tS sweep up all the woodwork.
ieecesrof
muscled.i rho eat lid ens.orcomn die. You Y paint and plutert til put the sweepsis Ln a
an sa arid. o rsiYred- or even die. You someone to may ree the lead ;sent in your paver hat or visa them in toe%'mailer and
can ssfriugs f your child's health by Ore- home. and run ref the lead;sent by the put these In a trash cam CS) be careful riot
renting him from eating paint chips which earner of the unit of the lead paint hazards
way contain lead.The Department of Roue. on welts and woodwork.Such work is often to least paint chips on the floor. and keep
ins and ilr5sa Detreiopment has prepareet messy and inconvenient. but it is aeesssar7 children away from the dust Always keen
Cite pamphlet to mace you aware of the Co prevent the possibility of furthers sickness the Coos. 5r�at the oans cl of paint Dalnt
Cram teed. Cooperate with any
h obtea at limit paint potsbtsing the who are sent to mama the lead condition a chins Is sample. but It is most taoortant.
home. You!henna. C tints can pick loose:af=t off walls.sa be
Asa gent.you need to k:Pas what to do Lead paint is not the only cause of lead cares careful about keeping the foe ss print
to prevent the sickness lead paint ern Pause- poisoning. Tour child Cana be poisoned by from the bower part of walls where your
You need to ltmow shst to des I; y ehtld eating paint dirt or other nen•tood alb- eked can retch. As an mere are, mesas. -e.
his lea 'eiseslier' stances containing least.Young children out ywo ht also more heavy ftsrsstture
Yng shad era get lead poir.or t er many things besides food in their mouths. agalr-st walls with peelL'g Punt
eating:sing bars. staz stg leads!ar bthsr but if thou chives contain lead.podoiwic Remember that you slay a. aior role as a
costsPad 'teas a trt"p lased. The most s possible. A child can get lead poisoning parent in the prevention of lead Douonuti.
qT nbn cause of lead poisonftri is Isad• from eaLrsg or chewing on non.!004 itr.:s Your actions and awareness thous.the lead
based paint. Cliitdeen ct.a get dangerous which con•.:,, lead, tneiuding dirt aewso problem makes Ws difference.
amounts of lead!rota eating avast very small per. sad even some potter,. and turtuture.
a mina of men paint t t rtendrei7.usu. Even cowman household dust sometimes
ally there are e no obvious si gns of lead poi. contains high levels at lead. Lead paint
sanirg•Often lead poisoning c n stem like a which has washerid and fallen to Mt
number of other childhood diseases. but at ground can collect in dust and soil.Exhaust
your child has stomach aches and vomiting. from automobiles which teach leaded gaso-
has heartaches a toes of appetite.La crane/. bne alsa contains lead which ran collect to
or freCueetl7 is to; tired to play. he may dust and sail. Children should be discoid.
have lead roisoninc. Any or all of these aged from playing its dust and dirt near
syr..ptars am be signs of Lead ;adenine. busy streets where the lead content in soil is
Often. there are no symptoms at all. if ugh,to be heaviest.
anyone tells you that your child has eaten You should stop your child from estlag or
paint chips or plaster. or if You sae nay of chewing paint and other objects that mar
these had In your child he should be contain: lead. Wass yotu' child of the dam.
tasted for lead in his blood as soon as peel ters of sating anything other than food if
We.Co not salt too tonC Your doctor.local he is old enough to understand Make sure
clinic...osoital.or Oubllc health department that the rest of your Duca? and anyone
mu test your child for lead poisoning.Blood who trabysits for you is aware of the lead
sampler Gan be taken and tested to tail If paint problem and will ;revert your child
your child has eaten enough lead to be from eating ;aim. Often children silt eat
1:srritf.dl. Lo many eaamrnuditics there are things tt they are bored or hungry.C:tild en
blood screening gigerr r to operated by toe al are safer if they have activities or toys to
heals ft departments.but screening is usually keep them busy. Il your Child Ls not eating
conducted is older areas at cities where properly- you may want to take him to a
,ttad•based paint and poisoning is,fit doctor.
coiomcn. .Testing for lead takes and& a The best way to prevent lead paint poison.
matter of minutes. lag Is to keep your home in toad shape.The
Blood screening programs are usually free ;nervy snores el lead paint hasards is peel'
and will test children tar lead even of they mg and flaking paint Water tests fro=
:how no symptoms of poisoning and have faulty plumbing or•defective roofs often
net been seen eating paint. A number of cause paint to peel or flake from wails and
Wood screening programs are supported by ceilings. Qepeir of such leaks can prevent
:he Department of health. Education and future pee!`-g or asking. If you have such
.Veifa'L and local health deOatL''iterts• tf leaks or tt you have peeling. flaking paint
;au are unaware of a.screening program In in your epar-aen. notify the aattatement
Our area:, call your public health nurse or or landlord.
Aeoez dix Z:
TUE DANGER OF LEAD POISONING SO $O:TEOt7I\Ei S
This heusi...e or saartsaent waa built blood x.reenutt ;retrsrss are supported by Cease paint to peel or 1&k. from wads and
before t930. There s a possibility that It the 1:,Dartrment at Resign. Education. and entities.Quick revelr at such leaks can pte•
may contain lead Paints. bead tzint Is pol. Welfare. and Iocal health departments. If vent thus,
sonata it eaten. Many children do eat pains you are unaware at a screening' prot:am In To prevent peeling paint most housing
Cakes and f:ecuently become very sick.You your area. sail your puolio health nurse or units should be repainted every three to(eve
si a parent ate in the bat position to sate- social worker at the local health depart- years.Any loose or flaking paint should be
ruard your child's health by preventing him Sent.It there are no screening prner:sms in removed by se:apine or brvah■ag. Cracked
or her from eating Paint or paint chips This yaw City and you cannot afford testing. the wails should be replastered before new paint
our:an:et will answer some of your gum- Medicsits program may pay ter screening of is applied.If your wails are esaekine or Peti-
tions about how to know if your child has children both below six years of age and int now.You mar have a lead paint hLM
been eating lead taint and what to dO about above the ate of six. if a doctor says that If you have small children. there are some
ft tasting'Ls necessary. • things you should do immediately to protect
Load pesonizt is a serious.Problem in Chit It tests show that your child has a high therm. CI) Get a broom ar stiff brush and
cou:t:y. Each year thous.tse;s at children level of lead In his blood he well need med. remove ail loose pieces of paint from waft
under T years of ate are poisoned when they al super/Ulan and Possibly treatment- It woodwork.and cefil:sts:(21:weep uo sil the
eat bits of paint eantaiesing lead. Children treatnnent is necessary. your doctor, a local piecse of paint and plaster Cal put the
who eat lead can become mentally retarded. clinic.or hospital will be able to remove the sweeping's in • WWII' bat or area t»hetn Lz
blind. =arsl)zet or even die. YOU caw rata lead In his blood. Such treatments may be newspaper and out these Packages in a
Mud your child's health by preventing him paid for by Mediated or your local health trash ears:(41 be careful not to leave paint
from eating paint chips which may contain department.U testing shows that your child chips on the floor. Always krep the floor
lead. The Department of Housing and has a lot of lead in his blood. the local clear of loose bins of paint and plaster.
Crean Deve3Moment has prepared this pam• health department may send someone to Sweeping' the Boors dean of paint duos is
Phlet to make you sea.-e at the problem of measure the *ad paint to your home. simple. but it is moot Important. Children
lead paint poisoning in the horse. S•.andases far treatment of lead hazards in can peck loam paint off wails, so be extra
As parent you need to know howl to pre. housing vary from city to city. Follow the careful about keeping loose Pallet from try
vent the sickness lead paint can muse.You directions and guidance of your local health Iowa past of walls where your child can
need to know what to do if your child has department «eels As an emergency measure to protect
lead poisoning. Lead :lint Is not the only muse of Iead your child. you an cover up the Corer
You: child can get Iead poisoning by roisoning. Your child can be poisoned by of walls with adhesive backed pope:and you
cellar taint.dirt.dust.newspaper.or other eating Paint dirt or other non-food sub- eon carer the woodwork which your clued
nan•(ood items containing lead. The most stances containing less.Young children Put might dare wath adhesive tame or paper:1s
common cause of toad poisoning is lead- assay things besides food in their mouths. as eescrgeaer measure. you might also
based paint. Children an get dangerous but if those objects contain lead.poisoning Save heavy furniture again walla stint
mounts 11 lead from eating even very email fs pessible. Your child can get lead poison. peeling paint.
amounts of such paint Unfortunately. usu. fat from eating or chewing on non•(ood p emei~Der that you pear a major role as a
aily there see no obvious signs of lead poi. items which =resin lead. including dirt hameoeaser sad se s parent in the p:even-
sor ng.Often`end poisoning an seem Iike a newspaper, and even same pottery,and fur. tion of lead poisoning. Your actions and
nu.2oer of ocher childhood diseases, but. If niture.Lien common household dint some• asareaets about the lead problem era rare
your eheld has storreach ashes and vomiting. times contains high levels of lead. Lead s big difference.
has headache=. a lass of &apatite.is cranky. paint which has weathered and fallen to the
or freccuentty is too tired to play. he may greu nd can collect In dust and soft.Fathaust
have lead poisoning. Any or ail of these from automobiles which use Ieaded gasoline
sir_:toms can be signs of lead poisoning, also contains lead which can collect In dust
Often. there are no symptoms at s1L U and soil. Children should Le discouraged
anyone tens you that your Child has eaten from playing In dust and dirt near busy
paint chi= or piaster• or if you see any of streets where the lead content to soil is
these sirs In your child. lie should be likely to be heaviest.
tested for lead in his blood as soon as posse- You should stop your child from eating or
bin Co not wait too lond.Your doctor local chewing paint and other objects that May
clinic.hoaputal,or public health department contain feast Warn your child of the Ma*
an tat your child for lead poisoning.BIood gars of eating anything other than food if
kvhalek can be taken and tasted to toll if he Is old enough to understand. Make sure
your child has eaten enough lead to be that the rest of your family and anyone
harmful. In many communities there are who babysits for you Cs aware at the lead
blood screening programs operated by local paint problem and will prevent your child
health deraruoent ,but screening is usually from eating paint Often children will eat
conducted tit aide: areas of cities where tittrim If they are bored or hungry.Children
lesd•based paint and poisoning is most are safer If they have activities or tors to
parson. Testing for lead takes only a keep them busy. If your child is not eating
matter of minutes. properly you may want to take hint to a.
Elocd screening Programs are usually tree for
and will tat children for lead even If they The best way to prevent lead paint poison.
show no symptoms of poisoning and have fete is to keep your home In good shape.The
mot peen seen eating Daunt A. number of primary source of the lead paint hazard Ls
peeling tad flaking paint Water leaks front
faulty plumbing or defective roots often
•
SECTION II. 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.) tions, 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 construc-
(1) The contractor will not discriminate against any Lion 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 - .9X
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 Lion 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 Lion 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 from this solicitation, the "covered period, and the Contractor must have made a g
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
(I) Black (all persons having origins in any of
all foreman, superintendents, and other on-
the Black African racial groups not of site supervisory personnel are aware of and
Hispanic origin); carry out the Contractor's obligation to main-
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 ocher working at such sites or in such facilities.
Spanish Culture or origin, regardless 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
having origins in any of the original peoples and maintain a record of the organizations'
of North America and maintaining identifiable responses.
tribal affiliations 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 therefor, 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 nation 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 pars- 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 its 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 be 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
such 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 specifications and of
tion process. the Equal Opportunity Clause, including sueransion,
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 III
A. FORM 4010
Federal Labor Standards Provisions U.S. Department of Housing AS
and Urban Development '1 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 HUD 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.(i)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 (ifi)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 hourly rate,the contractor shall either pay the benefit as
made a part hereof,regardless of any contractural 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 GI'
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(aXlxiv);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 ctassification 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(a)(4).Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor
classification may be compensated at the rate specified for each classifica- withhold or cause to be withheld from the contractor under this contract or
ton 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�^�n and vipers.pay
the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics.including ^� �e full amount of wages
tractor and its subcontractors at the site of the work in a prominent and employed by laborer or
accessible place where it can be easily seen by the workers. required by the contract In the event of failure to pay any
(ti)(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 onty 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 sub-
(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.(i)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 Labor.Washington,D.C.20210.The Administrator,or an authorized address.and social security number of each such worker,his or her car-
representative,will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contribu-
cation action within 30 days of receipt and so advise HUD or its designee dons or costs anticipated for bona fide fringe benefits or cash equivalents
or will notify HUD 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 number 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 (aX1)(iv)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 proposed classification and wage rate gram described in Section 1(b)(2)(81 of the Davis-Bacon Act the contractor
(including the amount designated for fringe benefits,where appropriate), shall maintain reccrco which snow that the commitment to provide such
HUD-:010 (2.341
Previous Edition is Cbeo,c:.. .:n 1.3 44.1
•
benefits is enforceable.that the plan or program is financially responsible. apprentice.The allowable ratio of apprentices to journeymen on the lob site
and that the plan or program has been communicated in writing to the in any craft classification shall not be greater than the ratio permitted to the
laborers or mechanics affected.and records which show the costs antici- contractor as to the entire work r apprentice wage caget who is nor registered
pated or the actual cost incurred in providing such benefits.Contractors worker listed on a payroll
---i--empfoyirig apprentices-or trainees under approved programs shall maintain or otherwise employed as stated above.shall be paid not less than the
written evidence of the registration of apprenticeship programa and certifi- applicable wage-rate on the wage determination-for the-classification of-------
pion of trainee programs.the registration of the apprentices and trainees. work actually performed.In addition,any apprentice performing work on
and the ratios and wage rates prescribed in the applicable programs the job site in excess of the ratio permitted under the registered program
(Approved by the Office of Management and Budget under OMB Control shall be paid not less than the applicable wage rate on the wage determi-
Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing
(ii)(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 is
contract work is performed a copy of all payrolls to HUD or its designee if registered.the ratios and wage (expressed in
or percentages of seeous-
the agency is a party to the contract,but if the agency is not such a party. neyman's hourly rate)specified in
r-
the contractor will submit the payrolls to the applicant sponsor.or owner, tared program shall be observed.Every apprencace must
for the all re at on`s
as the case may be.for transmission to HUD or its designee.The payrolls less than the rate specified in the registered program
submitted shall set out accurately and completely all of the information level of progress.expressed as a percentage of the joumeymen hourly rate
required to be maintained under 29 CFR Part 5.5(ax3Xi).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 in accordance with the provisions Shea fig benefits
for this purpose and may be purchased from the Superintendent of Docu- program.If the apprenticeship program
merits(Federal Stock Number 029-005-00014-1).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 shalt 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 pregetermined rate for the work
contract and shall certify the following performed until an acceptable program is approved.
(1)That the payroll for the payroll period contains the information (ii)Trainees.Except as provided in 29 CFR 5.16.trainees will not be
required to be maintained under 29 CFR Part 5,5(aX3Xi)and that such permitted to work at less than the predetermined rate for the work in
formed unless they are employed pursuant to and individually registered
information is correct and completes
(2)That each laborer or mechanic(including each helper, a program which has received prior apprw al,evidenced by formal certifi-
apprentice.and trainee)employed on the contract during the payroll period cation by the U.S.Department of Labor,Employment and Training Admini-
has been paid the full weekly wages earned without rebate.either directly Oration.The ratio of trainees to journeymen on the job site shall not be
or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by the Employment and
rectly from the full wages earned.other than permissable deductions as set Training Administration.Every trainee must be paid at not less than the rate
forth in 29 CFR Part 3; specified in the approved program for the trainees level of progress.
(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 cias- applicable wage determination.Trainees shall be paid fringe benefits in
sication of work performed.as specified in the applicable wage determina- accordance with the provisions of the trainee program.If the trainee pro-
ton incorporated into the contract gram does not mention fringe benefits,trainees shall be paid the full
(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
paragraph A.3.(ii)(b)of this section. wage rate on the wage determination which provides for less than full
(d)The falsification of any of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a
contractor or subcontractor to civil or criminal prosecution under Section trainee rate who registered and participating
Administration inatioining be paid not
1001 of Title 18 and Section 231 of'Title 31 of the United States Code. approved by
(0)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work
under paragraph A.3.6)of this section available for inspection.copying,or actually performed.In addition,any trainee performing work on the job site
transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted under the registered program shall be paid
Department of Labor,and shall permit such representatives to interview not less than the applicable wage rate on the wage determination tor the
employees during working hours on the job.It the contractor or subcon- work actually performed.In the event the Employment and Training Admin-
tractor fails to submit the required records or to make them available.HUD istration withdraws approval of a training program.the contractor will no
or its designee may.after written notice to the contractor,sponsor,appli- longer be permitted to utilize trainees at less than the applicable predeter-
cant or owner,take such action as may be necessary to cause the sus- mined rate for the work performed until an acceptable program is
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 trainees iii)quuall employment pp Urtu part shall be in conformity of rewth ts.
records available may be grounds for debarment action pursuant to 29
CFR Part 5.12. equal employment opportunity requirements of Executive Order 11246.as
4.d to work than hepreApl�
Apprentices.Apprentices will be per- amended.and 29 CFR Part 30.
miffed to work at less tn 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 by
bona fide apprenticeship program registered with the U.S.Department of reference in this contract 6.labor.Employment and Training Administration.Bureau of Apprenticeship contracts theanuses contained contractor
2r ubc n a�)through_rt0)and sub-
and Training,or with a State Apprenticeship Agency recognized by the
Bureau.or it a person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions
employment as an apprentice in such an apprenticeship program,who is require.and also a clause requiring the subcontractors to include these
not individually registered in the program.but who has been certified by the clauses sinte any lower tier
ompsubcebyany The prime
or or lower shalll beacon-
- Bureau of Apprenticeship and Training or a State Apprenticeship Agency
(where appropriate)to be eligible for proattonary employment as an tractor with all the contract clauses in 29 CFR Part 5.5.
urn_..
7.Contracts termination:debarment.A breath of the contract clauses in pensation 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
meat as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek whichever is greater.
8.Compliance with Davis-Bacon and Related Act Requirement.All rul- (2)Violation:liability for unpaid wages:liquidated damages.In the
lags and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph 11)of this
29 CFR Parts 1,3,and 5 are herein 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-
9.Oisputes concerning labor standards-Disputes arising out of the labor tractor shall 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 actor- territory),for liquidated damages.Such liquidated damages shall be com-
dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individual laborer or mechanic,including
Parts 5.6.and 7.Disputes within the meaning of this clause include Ms- watchmen and guards.employed in violation of the clause set forth in sub-
putes between the contractor(or any of its subcontractors)and HUO 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 ctause 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 autho-
Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or panici- rized representative of the Department of Labor withhold or cause to be
pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the
(II)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-Flacon 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 Pan 24. is held by the same prime contractor such sums as may be determined to
(iii)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.Crimnel 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 the 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 tor with the clauses set forth in subparagraphs(1)through(4)of this
this Contract are applicable shall be discharged or in any other manner paragraph.
discriminated against by the Contractor or any subcontractor because such C.Heal h and Safety
employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall 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 ous 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 pars- (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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LETTER OF AGREEMENT
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.
C. If requested provide the City all information necessary to document
compliance with applicable local building and zoning codes and federal
regulations.
D. Submit to the City, upon projects completion a Request for Inspection
and Release of Funds together with necessary invoices, lien waiver,
and cancelled checks to substantiate the cost of the project.
E. Agree to and does hereby hold the City harmless and does hereby
indemnify the City against any claims or demands of any persons or
organizations arising by reason of this agreement.
IN WITNESS 1:HEREOF,; the parties hereunto get their hands and seals, as of
this /'4T day of �cl".� . , 19
hereby • Cp /`:iris . \/QA r
have been m +t .. 1 � •:tihic ? w;11 Applicant
accrue under
City of Osh .os ,
City Comptroller William D. Frueb, City Manager
APPROVED
\ 1
} OCT 2,3 ,95 j Donna C. Serwas, City Clerk
z r, it 1 ' I
CITY A •;"Y L.44
OSHKOSH,WISCONSI
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 OPP
someone told you this, you should take your child to the 1� I . �"W`Vl Of
doctor or clinic for testing. If the test shows that your
child has an elevated blood lead level, treatment is available. a e S gnature
Contact your doctor or local health department for help or more
information. Lead screening 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 x I
TUE DANCER OF LEAD POISONING TO EENTERS
This housing or apart:neat was built sac1.1 worker at the focal health de:a.-t. To prevent peeling saint. mast noon.in :tents snould be re:tinted ever7 three t4
MO. There Ls a
lead paint. Lead paint that
is pot• inent.1.f there ste
e y and you cannot afford tesung.a flee years.It is intgortant to cooperate with
senous if(taxes and trequentlyybecome rY sick.PYou ch kite$ both ono may pay for gig Teats so age and time morose f your a:trtment her not been
as a parent are in the best position to safe- above the age of six If a doctor says that repainted within office.is riod of time.
inform..
or .e your child's health
ai th r. preventing him tessang is necessary.
Lists show your child has a hitis or landlord.
or Tier from eating paint o e of chips.This level of lead in his blood he will need mesa. You mar have a lead paint hazard now if
c
(ions about will answer know some of your cues- ml sucervision and postibiY treatment. tt your walls are Cocking or potting. U you
tg:ns +:out oar to knar if Your child has
soon eating laid paint+ what to Co about
trestment aetss this d local children. somethings
It a inie or hospital ill to r movee you should do immediately to protect them.
Lead poisoning s a serious health problem
lead in your child's blood.Such treatments ti] Nerdy the ass:airmen( office or rrsi-
in this country. Each year thousands of may be paw for oy Medicaid or your loonl dent iaaranag slandlord f mint remove as
children under 7 yeses of age are poisoned health derarcaent. If tasting shows chat Set
when they eat bits of paint containing lead. your child has a lot of lead In his blood. loose pieces of paint from walls.woodwork.
Children who eat teed can become mentally Your'focal health deoaRssnt mot send sad cellaatsc tS) sweep tai all the :teems of
retarded. blind. parsiyted. or seen die. You someone to measure the load paint in your saint and piaster:({l put the swee:rgs In a
as safeguard your child's health by ore- home. and may require treatment by the paper bag or wrap them in newspaper and
venting him from eating paint chit+ which owner of the unit of the lead Paint hazards put these to a trash cant al be careful not
may contain lead.The Department of hots& on wails mad woodwork.Such work is often to leave paint chi= on the floor. and keep
ins and Orb= Development has premised messy and inconvenient.but it is nesavaa7 children away from the dust. Always keep
this pamphlet to make you :rare of cos from Iced. Cooperate with any workmen plaster:floor ee0 gf the Boers dean of paint
hobisa at lead heir( poisoning to the who are sant to=meet the lead condition in chit Is simple. but It is most important
home. Your home. Children eon pick loose retest off wag's so be
is&�rsnt.you need to know Yost to do Toad ;tint Is not the only cease of lead errs 't:i about Peeping the loose paint
to u tre prevent the sickness teal Paint can cause. poisoning. Your child can be poisoned br from the lower cart of wails where your
Ysu need to "crier what is do if your child eating paint. dirt. or other aeo-tood snb• child earl rsseh.As an erserge'ey measure.
has lend poisoning. stances contatai"ig lead.Yeun s children out you might also near heavy furniture
Your child era get lead poisoning by many thin= besides food in their mouths. wan=walls with peeling:sans
c•ns.!:ai.t.dill'dust news:spet*ar ether but if those rblecrs contain lead.poisonirtt Remember that you play a:siar role as a
atmmo its--s eaa:siuir:i lewd. The mast s possible. A chill! can get lead poets "rent 3 the =retention of lead soisonaii.
ease�na come of lead r iisening is lead- from tofu-tg or chewitst on aan•tood Suns Your actions and awareness (bout the lead
Cited :slat. Children =.a set diatoms which contain lead, iaetudint dirt. news;s. problem ma aaka a bit ness&nee-
s=uuats of lead from aatirt!even`sty small per, and even some patter?. and furniture.
ameunu of such Paint SJnforturate1y. dee' Even common household dust sometimes
ally there are no obvious signs of lead Dale gains high levels at lead. Lead Paint
wing Often lead poisoning can Hera like a which has weathetd and fallen to the
number of other childhood dresses. but If gleund clan collect in dust and sot/.Eshalst
Your child has stomach aches and vomiting, from automobiles which ut44 larded csso.
has headaches,a loss of appetite.is cranky. line also contains lead which can collect In
or Ctetreritl1 is tog tired t4 Pier, he coat dust and soil. Children should be dseour•
bare had poisoning. Apr or all of these aged from Outing to dust and dirt near
sTr..Pt the ma be srgsss of lead poisoning. busy streets where the lead content in soil is
Often. there are no sYrzOtcass as all. Lf likely to be heaviest
anyone tells you that your child has eaten You should stop your child from eating or
paint chips or plaster. or if YOU see any of chewing ;Liu and other objects that may
these simts in your child. he should be cdhcain lead. Warn your child of the dam.
tested for lead in his blood as soon as Posit- sera of satins anything other than food if
hie.Co not wait too fond Your doctor.Iocal he is old enough to unders:i.d. Make sure
dlaic.hns;itsl.or public health department that the rest of your family tnd anyone
run cast your child for lead poisoning.Stood who t+abrsits for you Is aware of the lead
samples'can be taken and tested to tail it paint problem sad will prevent your child
Your child has eaten eaaush lead to be from eating paint. Often children will eat
tar lf.ai. In many communities there are things if they are bored or hungry.Children
blood screening Pretrial° operated by lees✓ are safer It they have activities or toys to
heali h departneats,but screening is usually keep thorn busy. If your child is not eating
conducted in older areas of cities where properly. you may want to take him to a
.lead-based paint and poisoning is_r>z ut. doctor.
commna .Testing for lead takes only a The best way to prevent lead point poison.
matter of minutes list Is to keep your honor in good shape.The
2lood screening programs are usually free "thew?source of lead paint hazards is peel-
and will test children for lead even if they Inc and (taking paint. Mater Jerks from
;how no symptoms of Poisoning and have faulty plumbing or defective roofs often
roe been seen eating Paint A number of cause paint to peel or flake from walls and
'food screening programs are supported by ceilings Repair of such leaks can prevent
the Department of Health. Education and future peeling or flaking. If you have such
r:elfs:e. and local health deaattmerts. u leans. or If You have peeling. flaking paint
;au are unas.re of a screening programs In in your apartment.aotifY the aanaatement
:our area, call your public health nurse or or landlord.
•
Acee.idis IT
THE DANGER OF LEAD POISONING TO HOMEOWNERS
This housing or *comment• was built blood xreersing precrsirs are supported by mime going to peel or Cape Pram e*sLSz and
before Leta. There is a passibility that It the easrtnent of Resith. Education. and ceilings.Quick rePalr of such t
L' eaks nit pe•
may c_ett.in lead paints. Lead paint is polo Welfare. and local health departments. I1 vent this.
sonata it eaten. Many children do eat paint you age unaware of a screenint program In To prevent peeling paint. moat housing
Cakes and frequently ently become very sick.You year area. call your public health nurse or units should be repainted every three to five
as a Parent we in the best position to isle• social worker at the local health depart- years.Any loose or Caking paint should be
guard your child's health by Oreventine Wan meat It there are no screening prngrzins in removed by sr--aping or brushing. Cracked
or her from eating paint or paint Chips.This your eit7 and you Gannet afford testing.the walls should be realastered before new paint
0aolt0ht:et anll answer some of your awes. Medicaid;ragmen may Day for screening of is&polled If gout walla are crsektnt ar peel•
lions about hos to know It your child has children both below six years of age and no now.you may have a lead paint hazard.
been eating lend maul and what to de about above the Ise of dn. if a doctor says that It you have small children. there are some
1d. testing Is heeestary. • things you should do ianmediatelY to protect
lead pcsorting is a serlou s.Orebleet in this If tests show that your child has a hieh theta: U.) Get a broom or suit brush and
eet_.t-?. Each year thousands of children level of lead in his blood he a1A need melt- remove nil loose pieces of paint from walls
under 7 yeses of age are poisoned when they cal supervision and possibly treatment. If woodwork.and online=121 sweep up all the
est bits of paint earnainint lead Children treatment is necessary.your dotter a local pieces of paint and plas.er. t2) put the
who eat lead caw become mentally retarded clinic.ar hosoitsl will be able to remove the sweepings tit s. patter bas er ammo teen Inn
blind. paralyzed. or eeen die. Tau Cart safe- lead in his blood. Such treatments may be newsosoer and put these aaetsges in a
guard your Childs health by preventing hies paid for by Medicaid or your teed health trails can CO be careful net to leave Da4nt
from eating paint citipe which may contain department.It testing thaws that your child chips en the floor. Always krep the floor
lead. The Department of Bassin! and has a lot of lead In his blood. the local clear of loose bits of paint and ;burr.
Grimm Development has prepared this pant- health department may send someone to gwee:int the floors dean of paint chits is
Dhiet to make you swore of the problem of measure the Iead paint In your home. simple. but it Is most important Children
lead paint poisoning in the home. Standards for treatment of Iead hazards in o.n pick loose paint off sails. so be extra
As s parent you need to know hod to pre• housing vary Pram city to city. Fallow the careful about keeping fosse paint from ire
vent the sickness lead paint can cause. You Create=and guidance of your loot health Iower part of walls where your child con
need to know what to de if your child has depart:nett reach:Al is emergency measure to protect
lead poisoning. Load taint Ls wet the only Cause of lead your child• you can cover up the lower part
You. child can get lead poisoning by rotsoning., Your child can be poisoned by at wails with adhesive bacted pane.and you
eating paint.dirt dust..newspsCer.or other eating paint, dirt or other man-load sub' esa cover the woodsark w:iic t your child
nonfood items containing lead. The won stances containing lead.Yount children put neon thew with adhesive Ciao or;aver.As
common cause. of lead poisoning Is lead- many things besides toed in their mouths. an emergency reassure. you might also
based paint =drain can get dangerous but e.f those obiects contain lead.poisoning move heavy furniture agai.-st walls with
amounts of dead from eating even very small is peasibie. Your child can get lead poison• peeling paint
amounts at such paint. Unfortunately. usu. lag from eating or Chewing an non-food Itementbor that you play a.asator tale ss a
sly there are no obvious signs of lead poi- Items which curtain lead. including dirt hdmeewzner and as a parent in the proven•
saning.Often lead poisoning can seem like a newtpper. and even some pottery. and fur. hart of lead poisoning. Your actions and
number of other Childhood dsesses. but. It nature.Even common household dust same- awsreneu about the lead problem c►n noes
)our child has damsels aches and vomiting. times contains high levels of lead. Lead a big diterent e.
has headaches. a loss of appetite,is mankY. paint which has weathered and fallen to the
or frecuently it too tired to Play, he may ground can collect to dust and soil.Exhaust
have lead poisoning. Any or all of these from automobiles which use leaded gasoline
i)r match coo be signs of lead poisoning., also contains lead which Can collect In dust
Often. there are no symr.tutrs at all. If and soil. Children should be discouraged
anyone tells you that your atild has eaten from playing in dust and dirt near busy
Paint chips ar plaster. ar if You see any of streets where the lead content In soil is
theme dens in your child. he should be likely to be heaviest,
tasted for lead in his blood as soon as peril. You should stoop your child from eating or
ble.Co riot wait too land Your doctor.local chewing paint sad other objects that may
clinic. hospitat ar public health department contain lead. Warn your child of the elan.
Can test your child for lead poisoning.Blood gets of eating anything other than food if
samples cut be tee= wad tested to tell it he Is old enough to understand.Make sure
your child has eaten enough lead to be that the rest of,your family and rayons
harmful. In many communities there are who babysits for you is awe of the teed
blood screening programs operated by local pains problem and will prevent your child
health departments.but screening is usually from eating paint. Often children will eat
conducted, lit eider areas of cities where things If they are bored or hungry.Children
lead•bssed paint and poisoning is moot we safer if they have activities or toys to
cosrnon. Testing for lead takes only a keep them busy. It your child is riot eating
matter of minutes properly, you may wont to she has to a.
EIocd screening programs are usually free doctor
and will test children for lead even If they The best way to prevent lead paint poison-
show no symptoms of poisoning and have late to to keel"your home In good shape.The
not been seen eating paint. A numoer of primary source of the lead paint hazard is
peeling and flaking paint. Water leaks from
faulty plumbing or defective roots often
SECTION II. 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.) tions, 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 (l) 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 - .91
regard to their race, color, religion, sex or Goals for Female Participation in Each Trade
national origin. Such action shall include, but - 6.91
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-
(1) Slack (all persons having origins in any of site supervisory personnel are aware of and
the Slack African racial groups not of
Hispanic origin); carry out the Contractor,s obligation to main-
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, regardless 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
having origins in any of the original peoples and maintain a record of the organizations'
of North America and maintaining identifiable responses.
tribal affiliations 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 therefor, 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 nation 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, includin g 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 is 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
to refer either minorities or women shall excuse b y EEO policy on bulletin boards
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 be 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
such 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.
went 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 specifications 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
manta 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 clasaifi- 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 tnis 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 III
A.. FORM 4010
Federal Labor Standards Provisions U.S. Department of Housing 001114N
and Urban Development 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 HUD 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.(I)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 appropnate)
week.and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1Xb)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 (iii)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 hourly rate,the contractor shad either pay the benefit as
made a part hereof,regardless of any contracturai 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(b)(2)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(a)(1)(rv);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 tabor 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(a)(4).Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor
classification may be compensated at the rate specified for each ctassifica- 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
roll 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 sub-
(3)The proposed wage rate,including any bona fide fringe bene- contractor to the respective employees to whom they are due.The Comp-
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 HUO 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 Labor,Washington,D.C.20210.The Administrator,or an authorized address,and social security number of each such worker,his or her car-
representative,will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contribu-
cation action within 30 days of receipt and so advise HUD or its designee dons or costs anticipated for bona fide fringe benefits or cash equivalents
or will notify HUD 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 number 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)(iv)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 proposed classification and wage rate gram descrcec r,S_ction 1(b)(2)(B)of the Davis-Bacon Act the Contractor
(including the amount designatea for fringe benefits.where appropriate), shall maintain reccres wnicn snow that the commitment to provide such
HUO.4010 (2.341
Previous Edition is Cbso::::c F3 1344.1)
•
benefits is enforceable,that the plan or program is financially responsible. apprentice.The allowable ratio of apprentices to journeymen on the job site
and that the plan or program has been communicated in wnting to the in any craft classification shall not be greater than the ratio permitted to the
laborers or mechanics affected.and records which show the costs antici- contractor as to the entire work force under the registered program.Any
pated or the actual cost incurred in providing such benefits.Contractors worker listed on a payroll at an apprentice wage rate,who is not registered
employing apprentices or trainees under approved programs shall maintain or otherwise employed as stated above,shall be paid not less tnan the
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 and trainees. work actually performed.In addition,any apprentice performing work on
and the ratios and wage rates prescribed in the applicable programs. the job site in excess of the ratio permitted under the registered program
(Approved by the Office of Management and Budget under OMB Control shall be paid not less than the applicable wage rate on the wage determi-
Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing
(II)(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 is
contract work is performed a copy of all payrolls to HUD or its designee if registered.the ratios and wage rates(expressed in percentages of the jour-
the agency is a party to the contract.but if the agency is not such a party, neyman's hourly rate)specified in the contractor's or subcontractor's regrs-
the contractor will submit the payrolls to the applicant,sponsor,or owner, tered program snail be observed.Every apprencttce must be paid at 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 apprentice's
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(ax3Xi).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 in accoraance with the provisions of the apprenticeship
for this purpose and may be purchased from die Superintendent of Oocu- program.If the apprenticeship program does not specify fringe benefits.
ments(Federal Stock Number 029-005-00014-1),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.hinges shaft 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 program is approved.
(1)That the payroll for the payroll period contains the information (6)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-
information is correct and complete: formed unless they are employed pursuant to and individually registered in
(2)That each laborer or mechanic(including each helper, a program which has received prior approval.evidenced-by formal certifi-
apprentice.and trainee)employed on the contract during the payroll period cation by the U.S.Department of labor.Employment and Training Admini-
has been paid the full weekly wages earned,without rebate,either directly stration.The ratio of trainees to journeymen on the job site shall not be
or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by the Employment and
rectty from the full wages earned other than permissable deductions as set Training Administration.Every trainee must be paid at not less than the rate
forth in 29 CFR Part 3: specified in the approved program for the trainee's level of progress.
(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 fringe benefits in
sication of work performed as specified in the applicable wage determine- accordance with the provisions of the trainee program.It the trainee pro-
non incorporated into the contract gram does not mention fringe benefits,trainees shall be paid the full
(c)The weekly submission of a property 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
paragraph A3.(ii)(b)of this section. wage rate on the wage determination which provides for less than full
(d)The falsification of any of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a
contractor or subcontractor to civil or criminal.prosecution under Section trainee rate who is not registered and participating in a training plan
1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved by the Employment and Training Administration shall be paid not
(>u)The contractor or subcontractor shalt make the records required less than the applicable wage rate on the wage determination for the work
under paragraph A3.0)of this section available for inspection.copying,or actually performed.In addition,any trainee performing work on the job site
transcription by authorized representatives of HUO or its designee or the in excess of the ratio permitted under the registered program shall be paid
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 Admin-
tractor fails to submit the required records or to make them available.HUD istranon withdraws approval of a training program.the contractor will no
or its designee may.after written notice to the contractor,sponsor.appli- longer be permitted to utilize trainees at less than the applicable predeter-
cant.or owner,take such action as may be necessary to cause die sus- mined rate for the work performed until an acceptable program is
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 5.12. 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.
miffed to 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 by
bona fide apprenticeship program registered with the U.S.Department of reference in this contract
Labor,Employment and Training Administration,Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub-
and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such
Bureau.or if a person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions
employment as an apprentice in such an apprenticeship program.who is require.and also a clause requiring the subcontractors to include these
not individually registered in the program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor shall be
- Bureau of Apprenticesnip and Training or a State Apprenticeship Agency responsible for the compliance.by any subcontractor or tower tier subcon-
(where appropriate)to be eligible for probaucnary employment as an tractor with all the contract clauses in 29 CFR Part 5.5.
7.Contracts termination:debarment.A breach of the contract clauses in pensation 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
meat as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek,whichever is greater.
d.Compliance with Davis-Bacon and Related Act Requirements.All rut- (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 herein 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-
9.Disputes concerning labor standards.Disputes arising out of the labor tractor shall 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
disputes clause of this contract Such disputes shall be resolved in accor- dated d to such s District or to such
corn-
dance with the procedures of the Department of Labor set forth in 29 CFR putted with for respect each damages.Such bo er or damages ice nclu in be cam-
puled with respect th each individual laborer or mechanic,including
Parts 5,6.and 7.Disputes within the meaning of this clause include Cis- 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 r
tractor certifies that neither it(nor he or she)nor any person or firm who a9 required by the clause set forth in subpara-
has an interest in the contractors firm is a person or firm ineligible to be graph
for unpaid
awarded Government contracts virtue of Section Withholding 9�and liquidated damages.HUD or its
by 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 representaeve of the Department of Labor withhold or cause to be
pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of worts performed by the
(6)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 prima 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
(il)The penalty for malting 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 Cods 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$5.000 or paragraph and also a clause requiring the subcontractors to include these
imprisoned not more than two years,or both." clauses in
11.Campleirns.Proceedings,or Testimony any lower tier subcontracts The prime contractor shall be
ergs. ny 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 manner 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 snail 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 ous to his health and safety as determined under construction safety and
his employer. health standards promulgated by the
B Contract Worst Hours and Safety Standards Act.As used in this pars- Secretary regulations of Labor by regulation.
(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
guard 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 shatl 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 arty 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.
HUD4010 (2 34)
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