HomeMy WebLinkAboutBen Haberkorn/Commercial Rehab Program 1985 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 0 day of 14%r , 19 p
Applicant
City of Oshkosh /'
("1 ,,,,/ Zr.1 �)-0. .__.kit.,-., William D. Frueh, City Manager
__.� . ....N.. . ._. _
A F-1 i
P P V. 'i' 4 Donna C. Serwas, City Clerk
SEP 2 1V5
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 ,9
doctor or clinic for testing. If the test shows that your q1 <tl 81
child has an elevated blood lead level, treatment is available. Date Signature
Contact your doctor or local health department for help or more
information. Lead screening and treatment are available through
the Medicaid Program for thobe 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 ceil ings;
(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 ?ENTERS
This housing or •oattntent was built sods/ worker at the local health deist. To prevent peeling palnL most soul.
before 1130. There is a possibility that it meat IS there are no screening afford rogr ms In Ave should
It is be importantpaint to ever watt its+
may contain lead paint l;esd paint is poi- your ati and you csatw
mamas it eaten.Many children do tit paint Medicaid program may pay for=Gaming at the ma+tariersent office when reaafnttns
Castes and frequently become very sick.You children both below sic feces of &se and time comes.If your abutment has not been
as a :argot are in the best position to safe• above the age of sin; if a doctor says that r� m ed within
t cis period resident. msnform
Cued your child's health by preventing him testing tests show MU your child has a high or landlord.
or her iettesill using per or mIIaoft yours This level of lead in his blood he will need meat. You roar have a'lead paint harstd now if
Li-npabo will answer some of your has ml aat�eraisian sad possibly treatment it your walls are csekute or peeling. U you
ears about how to know it sat t coils out treatment is necessary. your doctor. a local have small children. there are somethirts
titers eating lei paint,mad shat to do about timmediately nic.or hospital will be able to remove the you should do immediately to protect there.
It. clinic.
in Your child's blood.Such vestments tl3 Notify the na agernent office or real-
ist poisoning y tt a h year health problem may be paid'for or Medicaid or your lod dent manager or landlord aotmediately. (23
children this country.' Each year ewe poisoned of health deparcn�sent. If testing shown that got a broom or stiff brush and remove ail
et ttndee T yeses of aco we ing le s&Chefs crew who bits a paint become lead. your child he • let of lead
tnent mmay send a mama=t:i!weal II O all the�ecesrat
Children won eat cal an or even You sour'local reassure de the lea
retarded.ethos. patalYT•yd•or ewer die. You someone to mss:ssrs tlse Isad paint to your paint mad piaster tt)put the swree-.tats in I.
can safetuatd your child's health lay pre- home. and may require trestaent by the paper slag or wino the= fa newspaper and
venting him from eating paint chips which owner of the unit of the lead paint hazards put these in a trash con (33 be careful not
may contain lead The OepaRmtnt of Sous. on walls and woodwork.Such work is often to leave paint chits an the floor. and keep
ins and crows Development has prepared messy and inconvenient.but it is aeessar7 children sway tre_m Me dust. 41wIys keep bats of Mint and
•_tie em pf l to make you sears of the ffrre prevent the ed. Cooperate with any workmen plaster. Sweepiiss the floors dean of paint
home. of lead paint potsnnjrlt to the who we sent to muse.the lead condition in chits is simple. but it is most important
»ono w shat to do Your home. Children an pick loose:cant off walla,so be
3a a en ant sic need Y=o Lead paint is not the only cause of lead ex=tsreiul about keeping the loose paint
to prevent the sickness tend paint esa yet:se poisoning. Your child can be poisoned by from the lower part of walls where your
you need to mow whet m da tt 7ossr ewe eating palest. dirt Of other non-food sub- child as reach.As as emergency»teasure.
has lea: aggress contaiause lead.Youse=ad:"put you might 1130 move heavy hirnitvte
Your child et. get lead poisoning by many things besides food in their mouths arshrit galls with peeling:ant
eating mint.GL=Cost.newsMper.or other but if those rhieeu contain lead.poisoning Remember that you May•aglow role as a
ramrod items of lead paisget dangerous is lead. from e•tine or chewing on no•good items Your actions and awareness about the lead
based tilt Children tat dangerous which contain Iead. Including dirt news:a- problem an matte a me p ::rmee.
amounts of lead from mane even very small per, and even some pottery. and fur:utute.
arotsts of such paint t7nforttutatalr•usu- Even cotamon household dust sonutimes
ally there are no obvious eats of lead poi- contains high levels of lead. Lad Mint
sprint.Often lead poisoning an seem like a which has westh etd and fallen to the
number of other childhood diseases. but tt ground can collect in dust and soil.lthaust
your child has etceteras aches sad vomiting. trans automobiles which uaeit leaded easo-
has headaches,a lass of appetite.is cranky. lint also contains lead which as collect in
or G eC-saUY Is gas tired to play, he mar dust and sod. Children should be demur-
have lead poisoning. Any or all of these aged from playing in dust and dirt near
s st:usas act be signs of lead poisoning' busy streets where the lead content in soil is
Often. t:ere are no srnstnsuss at au. It rely to be heaviest
anyone tells you that Your child has eaten You should stop your child from esti r or
paint chips or plaster.or it you see mar of chewing pain% and other objects that may
true sig s in your child- he should be contain lead. Warn your child of the clan-
tooted for lead In his blood as soon as pout- gews of eating'anything other than food if
tote.Co not wait tae longs Your doctor.local he is old enough to undersl:ad. Make sure
clinic.hospital.or public health department that the rat of your family and anyone
rut test your child for lead poisoning.Stood who tabysits for you tt aware of the lead
samples'Cia be taken and tested to tail tf • paint problem and will prevent your child
Your child has eaten enough lead to be from amuse paint Often ehfidree will eat
harsntat. In may communities there are thfhea if they us bored or huntrn.Children
blood screening protrIms operated by �� use safer it they have activities or toys to
heals h depart heats.but ac.-eesticrt is usua117 keep them bttsr.U your child is not escort
conducted in older arced of cities where properly. you may want to twice him to •
,lead•based paint and pofsonfne ii_fit doctor.
comnen. .Testing for lead takes only s The best way to prevent Iead paint poison.
mutter of minutes log is to keep your home us good shape.The
Blood screening progrznss are usually free pflntity source of Itad paint hazards is peel-
end will test children for lead even if they the and fiakkts paint. 'Sister leaks from
Mow no symptoms of poisoning and have faulty plumbing or.defective roofs often
not been seen eating paint. A number of cause paint to peel or flake from walls and
Plead screening ovum= use supported by ceilings Seceir of such leaks can prevent
he Department of health. E ucstion and future peels l or flaking. If you have such
•etfare. and local health deparuner a. u !eaks. or if you have peeling. flaki•g paint.
rots are uraarare of a screening program In to your aparment.notify the management
:our area call your public health nurse or or landlord.
Appendix I:
THE DANGER OF LEAD POISONING TO HOMEOWNERS
This housi:.Y or apartment was built blood streeniae proem= are supported by cause palrat to peel or flake from wails and
before 193*. There is a Peatibillty that It the Ile;artnent of Resith. Education. and Ceiling's.Quick recap at such teaks an Dre-
amy cousin lead conics. Lead paints pol- Welfare. and Iocal health departments. It vent this
sonars if eaten.Many children do eat Pabst you are unaware of a screening program In To prevent peeling paint most housing
flakes and frequently become very sick.You your arm call your public health nurse or units should be repainted every three to five
as a parent are in the best Position to sale- social worker at the local health depart- years.My loose or flaking Paint should be
guard your child's health by preventing him menu If there are no scree:One orngionss In removed by scraping or brush:As. Cooked
or her from along Paint or paint chips This your dt7 and you Cannot afford testing.the walls should be teolastered before nee►paint
yamoh:et will answer some of Your cues- Medicaita program may pay fur screening of is appiled.If your wails are cracking er peel-
tiers about how to now It your child has children both below six years of age and Mg now.you relay hare a lead Daunt hazard.
been eating lead paint and what to do about shove the We of six. If a doctor says that If you have small Children. there are some
testing is necessary. things you should do immediately to crewel.
Lead cc:oning Is a seeleus.problem In this If tests show that your child hes a high triers: ill Get a broom or suit brush sod
country. Each year thousands of children level of lead in has blood he will need iced!. remove ail loose ply of pain from walls
ender 7 yews of ace are poisoned when they Cal supervision and possibly treatment. If woodwar&and main=r21 sweep up ail the
eat bits of paint eoitaintinc lead. Children trtataaent is necessary.your doctor. a local pieces at paint and plaster: 132 Put the
Ir a eat lead can Imams menially retarded. clinic.or hospital will be able to remove the sweepings in a paper bas or cyan them in
blind. natslysed. or even die. You sus safe■ lead in his blood. Such treatments may be news:sotr and put these Packages in a
guard your child's health by preventing him paid for by l+cedicnid or your Weal health traits winu(41 be Careful not to leave paint
from eating paint chips which may Contain department-If tasting shows that your child chime on cite floor. Always k.ep the floor
lead The Department of Housing and has a lot of lead in his blood. the local clew of loose bits of Paint and plaster.
Crban Development has prep*red this Pam• health department may send someone to Sweeping the floors clean of Paint ohms is
Dhlet to crake you aware of the problem of measure the lead paint In your home.. emote. but It Is mast ircoonanu Children
lead paint poisoning in the home. Standards for tteetment of lead hazards in can pick loose paint oft wails so be extra
As a patent.you need to know how/to pre- housing vary from dtY to elty. Follow the Careful about ketcing loose paint from tr.
vent the sickness lead paint Can cause.You dlrectioris and guidance of your local health lower part of wails where your child can
need to know what to 40 it your Child has department. resent As an emergency measure to Protect
lead poisoning. toad paint is net the only muse of lead your child.you cart cover uo the tower part
Your child east get lead poisoning by roiserine. Your child Can be poisoned by of walls with adhesive backed paps:sad you
eating Paint.dirt.dint.newspaper.or other escthc paint dirt or other han40Od sub' can cover the reod:art whit: Yaut Chita
aon•faod items containing lead. The most stances cantsiesinc lead.Young children out might thew watts adhesive use or paper.As
caisson Cause of lead poisoning Is lead- massy things besides food in their mouths. as eattermand r measure. you might also
based paint. Children can get dangerous but if those objects contain lead.poisoning move heavy furniture sgaLst wallas with
amounts of lead from eating even very small is pesgible. 'four child can get lead poison- peeling paint.
amounts of such ;slat Unfortunately.usu• lag from eating or chewing on non-food Remember that you play a major role as a
Lily there are no obvious signs of lead poi- Items which cortaln lead. including dirt hdr..toaner and as a parent in the preven-
sonute.Often lead poisoning can seem like a. newspaper.and even soma pottery,and fur. Lion of lead poisoning,. Your actions and
nun:Der of other childhood diseases but if nature._Sen common household dust same- awareness about the lead probltis an rate
tour child has stomach aches and vomiting. times contains high levels of lead. Lead a big differeflco.
has headaches,•loss of appetite,is Cranky. paint which has weathered and fallen to the
or fteeuently Is too tired to Play, he may ground Can collect in dust and soil.Exhaust
have lead poisoning. Any or all of these from automobiles which use leaded gasoline
s)r_ats:srs can be signs of lead poisoning. also contains lead which cal Collect to dust
Often. there are no sym:tunrs at all. It and soil, Children should be discouraged
anyone leis 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 head content in soil 1s
these slurs to your Child. he should be likely to be heaviest
tested for lead in his blood as soon as pail- You should stop your child from eating or
hie.De not wait too lone Your doctor.local cheering paint and other objects that may
clinic,haspitati or public health department contain lead. Warn your child of the den•
can test your child far lead Poisoning.Stood gem of eating anything other than food If
samples cart be taken and tested to teii tf 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 Is aware of the lead
blood screening Programs operated bi laol paint problem and will prevent your child
healt`,departments.but screening tt usually from eating paint. Often children will eat
onducted, in older areas of cities where things If may are bored or hungry.Children
Toad-bawd Point and poisoning is most we safer tf they have activities or tors to
eeti non. ;esturag for lead takes only a keep therm busy. If your child is not eating
matter of minutes. property. you may tent to take him to a
Etocd 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 ing is to keep your home in good shape.The
not torn seen easing paint. A number of primary source of the lead paint hazard is
peeling and flaking Paint Water leaks from
faulty ;tuotbing 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
meats in all subcontracts. Equal Employment Opportunity (Executive Order 11246,
as Amended)
B. Equal Opportunity Clause
(1) The Offeror's or Bidder's attention is called to
(Executive Order 11246, as amended, applicable to the "Equal Opportunity Clause" and the "Standard
Federally assisted construction contracts and related Federal Equal Employment Opportunity Construction
subcontracts $10,000 and above.) Contract Specifications" set forth herein.
During the performance of this contract, the contractor (2) The goals for minority and female participation,
agrees as follows: expressed in percentage terms for the Contractor's
aggregate workforce in each trade on all construe-
(1) The contractor will not discriminate against any tion work in the covered area, are as follows:
employee or applicant for employment because of
race, color, religion, sex, or national origin. FEDERAL REGISTER—PUBLISHED SEPTEMBER 7, .1979
The contractor will take affirmative action to
ensure that applicants are employed, and that Goals for Minority Participation in Each Trade
employees are treated during employment, without - .9%
regard to their race, color, religion, sex or Goals for Female Participation in Each Trade
national origin. Such action shall include, but - 6.9%
not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or .These goals are applicable to all the Contractor's
recruitment advertising; layoff or termination, construction work (whether or not it is Federal
rates of pay or other forms of compensation, or Federally assisted) performed in the covered
and selection for training, including apprentice- area.
ship. The contractor agrees to post in conspic-
uous places, available to employees and applicants The Contractor's compliance with the Executive
for employment, notices to be provided setting Order and the regulations in 41 CFR Part 60-4
forth the provisions of this non-discrimination shall be based on its implementation of the Equal
clause. Opportunity Clause, specific affirmative action
obligations required by the specifications set
(2) The contractor will, in all solicitations or forth in 41 CFR 60-4.3(a), and its efforts to meet
advertisements for employees placed by or on the goals established for the geographical area
behalf of the contractor, state that all qualified where the contract resulting from this solicita-
applicants will receive consideration without tion is to be performed. The hours of minority
regard to race, color, religion, sex, or national and female employment and training must be substan-
origin. tially uniform throughout the length of the
contract, and in each trade, and the Contractor
(3) The contractor will send to each labor union or shall make a good faith effort to employ minor-
representative of workers with which he has a ities and women evenly on each of its projects.
collective bargaining agreement or other contract The transfer of minority or female employees or
or understanding, a notice to be provided by the trainees from Contractor to Contractor or from
Contract Compliance Officer advising the said project to project for the sole purpose of
labor union or workers' representatives of the meeting the Contractor's goals shall be a viola-
contractor's commitment under this section, and tion of the contract, the Executive Order and the
shall post copies of the notice in conspicuous regulations in 41 CFR Part 60-4. Compliance with
places available to employees and applications the goals will be measured against the total work
for employment. hours performed.
(4) The contractor will comply with all provisions of (3) The Contractor shall provide written notification
Executive Order 11246 of September 24, 1965, and to the Director of the Office of Federal Contract
of the rules, regulations, and relevant orders of Compliance Programs within ten (10) working days
the Secretary of Labor. of award of any construction subcontract in
excess of $10,000 at any tier for construction
(5) The contractor will furnish all information and work under the contract resulting from this soli-
reports required by Executive Order 11246 of citation. The notification shall list the name,
September 24, 1965, and by rules, regulations, and address, and telephone number of the subcontractor;
orders of the Secretary of Labor, or pursuant employer identification number; estimated dollar
thereto, and will permit access to his books, amount of the subcontract; and the geographical
records, and accounts by the Department and the area in which the contract is to be performed.
Secretary of Labor for purposes of investigation
•
(4) As used in this Notice, and in the contract employed by the Contractor during the training
resulting from this solicitation, the "covered period, and the Contractor must have made a
area" is the Appleton-Oshkosh SMSA (including commitment to employ the apprentices and trainees
Winnebago and Outagamie Counties). at the completion of their training, subject to
the availability of employment opportunities.
D. Standard Federal Equal Employment Opportunity Construction Trainees must be trained pursuant to training
Contract Specifications (Executive Order 11246) programs approved by the U.S. Department of Labor.
(1) As used in these specifications: (7) The Contractor shall take specific affirmative
' actions to ensure equal employment opportunity.
a. "Covered area" means the geographical area The evaluation of the Contractor's compliance with
described in the solicitation from which this these specifications shall be based upon its effort
contract resulted; to achieve maximum results from its actions. The
Contractor shall document these efforts fully, and
b. "Director" means Director, Office of Federal shall implement affirmative action steps at least
Contract Compliance Programs, United States as extensive as the following:
Department of Labor, or any person to whom the
Director delegates authority; a. Ensure and maintain a working environment free
of harassment, intimidation, and coercion at
c. "Employer identification number" means the all sites, and in all facilities at which the
Federal Social Security number used on the Contractor's employees are assigned to work.
Employer's Quarterly Federal Tax Return, U.S. The Contractor, where possible, will assign
Treasury Department Form 941. two or more women to each construction project.
(d) "Minority" includes: The Contractor shall specifically ensure that
all foreman, superintendents, and other on-
(1) Black (all persons having origins in any of site supervisory personnel are aware of and
the Black African racial groups not of carry out the Contractor's obligation to main-
Hispanic origin); tain such a working environment, with specific
attention to minority or female individuals
(2) Hispanic (all parsons 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 parts- 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 Contractors efforts to meet: its
with its obligations under the EEO clause, and to obligations.
make a good faith effort to achieve each goal under
the Plan in each trade in which it has employees. e. Develop on-the-job training opportunities and/
The overall good faith performance by other contrac- or participate in training programs for the
tors or Subcontractors toward a goal in an approved area which expressly include minorities and
Plan does not excuse any covered Contractor's or women, including upgrading programs and
Subcontractor's failure to take good faith efforts apprenticeship and trainee programs relevant
to achieve the Plan goals and timetables. to the Contractor's employment needs, espe-
cially those programs funded or approved by
(4) The Contractor shall implement the specific the Department of Labor. The Contractor shall
affirmative action standards provided in para- provide notice of these programs to the sources
graphs 7(a) through (p) of these specifications. compiled under 7(b) above.
The goals set forth in the solicitation from which
this contract resulted are expressed as percentages f. Disseminate the Contractor's EEO policy by
of the total hours of employment and training of providing notice of the policy to unions and
minority and female utilization the Contractor should training programs and requesting their coop-
reasonably be able to achieve in each construction eration in assisting the Contractor in meeting
trade in which it has employees in the covered its EEO obligations; by including it in any
area. The Contractor is expected to make substan- policy manual and collective bargaining
tially uniform progress toward ifs goals in each agreement; by publicizing it in the company
craft during the period specified. newspaper, annual report, etc.; by specific
review of the policy with all management
(5) Neither the provisions of any collective bargaining personnel and with all minority and female
agreement, nor the failure by a union with whom the employees at least once a year; and by posting
Contractor has a collective bargaining agreement, the company EEO policy on bulletin boards
to refer either minorities or women shall excuse accessible to all employees at each location
the Contractor's obligations under these specifi- where construction work is performed.
cations, Executive Order 11246, or the regulations
promulgated pursuant thereto. g. Review, at least annually, the company's EEO
policy and affirmative action obligations
(6) In order for the non-working training hours of under these specifications with all employees
apprentices and trainees to 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,
h. Disseminate the Contractor's EEO policy however, is required to provide equal employment
P y 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 Executive 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 susransion,
termination and cancellation of existing subcontracts
j. Encourage present minority and female employees as may be imposed or ordered pursuant to Executive
to recruit other minority persons and women, and, Order 11246, as amended, and its implementing regula-
where reasonable, provide after school, summer tions, by the Office of Federal Contract Compliance
and vacation employment to minority and female Programs. Any Contractor who fails to carry out such
youth both on the site and in other areas of a sanctions and penalties shall be in violation of these
Contractor's workforce. specifications and Executive Order 11246, as amended.
k. Validate all tests and other selection require- 13. The Contractor, in fulfilling its obligations under
ments where there is an obligation to do so these specifications, shall implement specific affirm-
under 41 CFR Part 60-3. ative action steps, at least as extensive as those
standards predescribed in paragraph 7 of these speci-
1. Conduct, at least annually, an inventory and fications, so as to achieve maximum results from its
evaluation at least of all minority and female efforts to ensure equal employment opportunity. If the
personnel for promotional opportunities and Contractor fails to comply with the requirements of
encourage these employees to seek or to prepare the Executive Order, the implementing regulations, or
for, through appropriate training, etc., such these specifications, the Director shall proceed to
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 rellted activity to ensure
practices, do not have a discriminatory effect that the company Y 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.
(8) Contractors are encouraged to E. Section 3 Clause
g 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
association, joint contractor-union, contractor- q greatest extent feasible,
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
U.S. Department of Housing tl>
�
Federal Labor Standards Provisions and Urban Development i r
_ ----
Applicability tall
he The Project or Program to which the Construction work covered by this HUD or its designee and shall rreecfamme questions
n of inUD ncluding its the v es_of
to the
contract pertains is being assisted by the United States of America and the interested pars
following Federal Labor Standards Provisions are included in this Contract Administrator orru determination.The
ta within Administrator.
30 days of an authand d advise
pursuant to the provisions applicable to such Federal assistance.
A.1.(1)Minimum Wages.AU laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within
it Office of Man-
1937 Mg upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by
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)
n shall
week.and without Lions subsequent s are or regulations issued by(except determined pursuant pe subparagraphs g work(1)(b)or
the classification under Otis con-
Secretary r• payroll Labor undo the ere perm
Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount tract from�ttte^first
�r the minimum w work
age rate performed
prr�scrtbed in the ^�for a
of wages and bona fide fringe benefits(or cash equivalents thereof)due at (i
time of payment computed at rates not less than those contained in the class of laborers or mechanics
the dude c:to fringe
hell benefit
er pay the benefit as
wage determination of the Secretary of Labor which is attached hereto and expressed another bona fide fringe
made a part hereof.regardless of any contracture!relationship which may stated in the wage determination or shalt pay
be alleged to exist between the contractor and such laborers and benefit or an he urly contractor does Halt lent th payments to a trustee or other third
ereof.
mechanics.Contributions made or Costs reasonably anticipated for bona (iv) m
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 r providing ing
mechanics.subject to the provisions of 29 CFR-5.5(aX1Kv);also•regular bona fide fringe gge benefits under a plan or
has found upon trio written program,
Pro of the contractor,
contributions made or costs incurred for more than a weekly period(but Secretary
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
are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate
the particular weekly Period account assets for the meeting of obligations under the plan or program.
incurred during sueechly period ate wage rate (Approved by the Office of Management and Budget under OMB Control
Such laborers and d mechanics shall be paid the approPrt
and fringe benefits on the wage determination for the classification of work Number 1215-0140.U0 or its designee shall upon its own action or upon
actually performed without regard to skill.except as provided in 29 CFR 2.Withholding.
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
ria.cification may be compensated at the rate specified for each classifiea- withhold�orr��to withheld
t with the same prime contractor d contractor.or any contract or
lion for the time actually worked therein:Provided.That the employer's pay- any contract subject same
Davis-Bacon bacon o ins wage
roll records accurately set forth the time spent in each classification in Federally-assisted which is held by tttc same prime contractor revs so much of the
which work is performed.The wage determination(including arty additional requirements
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(Wit-1321)shall be posted at all times by the con- laborers and mmechhani^�including or apprentices,trainees
amount of rwages
tractor and its subcontractors at the site of the work in a prominent and employed by the
contract contractor
In the any event of subcontractor
to pay any laborer or
accessible place where it can be easily seen by the workers. required
(a)Any Lions aof nd laborers to mechanics which rider listed in the mechanic,including arty apprentice.
shall on the site of the work(or nder the Uri United States Housing Act of 1937 or working
wage determination and which is td tee emPbY of the
be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction nr�HUD or its desig-
approve an additional classification and wage rate and fringe benefits nee project),all or
rwntten notice e wages
Me contractor.ctor,sponsor, c is owner,
therefore only when the following criteria have been met to cause the suspension applicant. any
(1)The work to be performed by the classification requested is not t ke ch�ton as may
y e,or guarantee necessary
t of funds until such violations of a y have
performed) a classification in the wage i determination;and
(2)The classification is utilized in the area by the construction bum such amounts designee
may.atter for and on account of the the
ontracto convector.sub-
(3)and
(3)The proposed wage ate.including any bona fide fringe bens- 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 n such disbursements in the case of direct
wage determination. Payrolls and basic records.Payrolls and basic records relating
(b)If the contractor and the laborers and mechanics to be employed 3.(I)Payro
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 re Labor.Washington.D.C.,modify,The Administrator.or aditional authorized ssifi- address. hour y rates of number
wages paid(including rates of conthbu-
repren action within approve,model,pt and so every
cation action within 30 days of receipt and so advise HUD or its designee lions or costs anticipated for bona fide fringe benefits or cash equivalents
or will notify HUD oApp�ed by the Office of anagement and Budget additional
daily thereof nd weekly types described Section rked.deductions made and actual
timer necessary.(Approved wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5
under OMB control number c ntr ctor.t.)
(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
es gn eddo not ageeron the proposed classification and wage rate gram lest reasonaolv in providing helDa iss--Bacon Act.thefcontactor
(includes agree
the amount desranatep for fringe benefits,where appropnate), snail rramra,n r?ccres wn,cn snow that the commitment to provide such
HUD-:010(2.341
Previous 7:uicwn is Ct.cn::::c
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 force under the registered program.Any
paced 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 than the
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, work actually performed.In addition,any apprentice performing work on
and the ratios and wage rates prescnbed 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 t215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing
08(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 regis-
the contractor will submit the payrolls to the applicant.sponsor,or owner, tared program shall be observed.Every apprenctice 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 55(aX3)().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 of Docu- program.If the apprenticeship program does not specify fringe benefits,
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 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 persona 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 (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 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.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 A3.(i)(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
(di)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.()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 for the
employees during working hours on the lob.If the contractor or subcdn- work actually performed.In the event the Employment and Training Admin-
tractor fails to submit the required records or to make them available.HUD station 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 ("u)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 HUO 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
riot individually registered in the program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor shail be
• Bureau of Apprenticesnip and Training or a State Apprenticeship Agency responsible for the compliance by any subcontractor or lower ter sut+con-
(where appropriate)to be eligible for prooaticrary employment as an tractor with all the contract clauses in 29 CFR Part 5.5.
117
7.Contract.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.
8.Compliance with Davis-Bacon and Rotated Act Require.All rul- (2)Violation;liability for unpaid wages;liquidated damages.In the
ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)of this
29 CFR Parts 1. 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 accor- territory),for liquidated damages.Such liquidated damages shall be corn-
dance with the procedures of the Department of Labor set forth in 29 CFR puled with respect to each individual laborer or mechanic,including
Parts 5,G.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.(1)Certification of Eligibility.By entering into this contract the con- meat 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 contractors firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages.HUD or its
awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an audio-
Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or partici- rind 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
OD No par 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(al(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 paragrapR
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 tar 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 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 pare- (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 Stet 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
ment 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.
HUD-4010(2 841
•
r
•
° _ - 0
C o 9211. •° • •c r ■
CI
a.•Y ••.• Y • O . •• • • • Y r • 0 LJ
> V C 6 .. W ..Oi •Co• Y r. a O Y 0••.•
_Y• 7 G •Q Y °y p�.Y p • Y CO • • L no 11.11.1
r 2 r 0 Y . C■ • • • I..`t • •,j r �... r • O
Cu r O 0 • C t .C. • L O Y• • • r • • 0-. Lot - C)
0 • 00 %... c 9 • • O Y •J< r^ Y y • r A
• r C • •.r r Y V Y•.•.°. ■i •t .O 44 •02 A Y Cr) rj LLB
.-. C •• 0 > a 0 • • O • YY Y C •a w+'• 0 11110 Y p /�.�0� it �•ew
• V C. Y • i ..•..a.a`v • •.-. Y •C r • Y w
•^ •• .0 V • O.+ .0 4 •✓r99 7 • . O 7•• C a
V S •C 0 C r • r Y Y C SO C • 00k y.... . Y V
r .A• • •••• •......c S C • • CO ° • • r •GY • r ••Q
• • • V C Y r • w •C'•G C O • Y C • y • • Z
• • O Y Sc.-■ •9 A a. • a O • •• 01. ° C C • • C.0 Y • _ W Ca r7
r $ f ■ C
G.m • e. `Y ✓ O r •iara a • o am cis it !cam
.A Y C 0.0......4• C Y Y C C. •r.Y 1494/ 1. r C Y X0
6
e• . O • Ova 7 Y • {7411 a • Y Y
G • •9 1.i r p ~y O C O Y ° • Y 7 ✓v Cvy L (_
a • •LOYV UM •V9 CO••. 0 • 0°• • • • YO a • V
0 r •4 N C O •+ C - • A O » y • .0 •
Y ° ••5 Y • • •• •L O P..v V Y11..... w. S A
• C f 0 • > O ••• ••9 ••• •••
Y • S• • VOW •••• C
•C .O2•• a a••rY � 0•.•. • •VC O j . =•GY pp°
O • r Y M s •••.c 0 0 •..C• . Tar:
n •Y ••••Y
'■ .C2 .. (.14•JI • • r C • Y.0 9 Y.•>i.9. .•. • • Y ••.. Y • Y Y ••
y e Y ° v•911••• • 2. o C •0 V 9..a v • O r C 0 O t r �Ct • .
7 a Y Y Q
Y 0 . O •0.0 • .• • o ma •L✓ .0 Y 002 ■ E 20••••
. •. O Y • Y •+• O a. 0 e•.0. .C •0 • Y Y d 0L C . •r
• r ✓Y O.O.. .Y • C 041C2017..14 . • O YC • O5a
• •• • 7V • YYV • CY • OW -i w •
• • Y... L0 • Y • •V 00.01101. •{I O.. r. .. 0 .^
v •
v . 4•0 Y G O 0,.. - V .• • 1 .A M S V L N Y_C C •V •
0 7 10 V0 . Cu•• •...•p°ri. • • _C_YO • N 4 N•
01 •y • C Yp•aCb c Y • aY • u.r G04^ . r•T.•' 00N•
F •T Y •L O O 0•0.C 0•. 0.•0 C 00.3 Y •G v O' 0 v` • •
> • • C JL C r O.V • •Y a • ° • • 5010 0 0 0 a 0
O Y a C u O
G 7 • • ..v •Q a / •Y 7 G^ 0• C 0 . O Y ° C .°r V
y • .y .0 004. 0 •O Lr C.. Y CL•+ O •.r7 YC .1.
F.
• •• •...YVY •rO ry •• YN0Y • YOvw Y • C °.. .
.i C.• 5, 505-.. w v v G•N r O L •° C a ^ • C • y r •
• 4, 05 •..r • y C V Y Y �j Y O •Y Y C • /
•.i L.. : pp0 . .. ...." .. , Y Y • C Y • 4.1. 0 • 41.1i • • 0 7 •• C •
{d S .O L • .. • • • • O ■ • 2.2....12 C v n • 0 .
11 Y 0.• . O r .b..• O 34 00 9•..... U •r .•• Y..••
• Y 0... Y
•� •
0 O G C • O V.O. . 1 0 j .v 4. 1. •• 1 • • 1 O • Y C p /<
0 r `Y 5.15 . O C • :• n 240 001. O 0.•.r Y N C 2 m45.
7 y^ 12.00 . 21162 • 0.0 O u s .2 0-0 6.324X O Y 6 u a C
°. ..r•. r 7 9 C p°.V..S Y ° pG0 O.O.. t C • O C C 6 a O . .y a C
444 V 7 n V a a a 0 Y 00 O Y Y 0.1.9• 5••• U O r by., r 00 r p
V a Ltv V Y>< Y V
d •
On 0 OnN C •Yr 4 nnn NNOV NN
•• Kf•• ..... Y P O • M r w• ••• .rrr nnnn 1 •..\• Y 1. C la 0•O•\ • O p V •
PI 0. 1...
�: �� •
N 01 P.• NN d•r 3
0 • C °.• O Or N wN r•O a.1 e.
1 .r Y v . • :
i _ 0 G• 7 • P.O • • 7 • r• . a . r.
Y
Y Q•° Q 01 010 of Y■L 112. .74V.• O O .. a 0
7 7.0•0 • 1•. 0
• O.*
11121 OpJ O(S O a • 0• 0. i r � Y Y O V. C • Y• •••
V O.
: :4 t<•\+ • d • Y O • ►••
9226 0712.a:0 .... go
•
S= • O •• N Y 9 Y
I
GE ;•y FR P • • V=
• Y� C=.i
�0 cS V .- N 1 •■ C
•U 7 4O Q 7 r 01<0Ki Y O G •W 9
100 •• 6 6 4 •X 9 7 7 7 7 7 492
U 0.O Y 20 Y y 67 O pC • u Y O O O O O G 0...
O W 0 4 i
00
e y
• N H O C V Y. P.MI V•06 Y y •ems N N•f
• N•.O O 0 9 C
C.• C• O n h d r}
• • • N 0 0• • M O r • M N 90•.0 Y C N n n N N N N O n n N n^ N r r N• O N O C
N Y• +• r
i • N ID . A .. . N .•0V Y r 0 .n • Or N 0200 •O0 O n.•• 0 Na 0r
3••• O a r✓ A..0 N Cl N N N •.r0 ;�seer 4= 0 M a•. 444.:4
.40 • 7 • ■ r •r r r •r C ■ r r GGG°777
•AK rr Y • + r •••.r
It Y.. V 0 w
n C.. A C•V • �eC.••. O O r C •
•I .•� �' A °t =I . . :� to �s 0r° •� Y r t ES ab
....
C • Yp i ; C C Y • • q7 .• `M L O V e •i p A .
C - 8= . r r y •• CrisN O.4 C= •' Y Yen •� C•• •5 °'9 O i Ow s
s a p C uss K O i Y C O p 0 Lot • 0• ° 0 • .• 1'• C7 O
V.. ^ V W K O N y< Y V O • ✓ v W 01 0 •Y F O Y VI N •• J 0
2 4 4 A✓ W y 6 s y • V C C Y_ V • • r <
Y e 4 u Y SC Yt<x ►' _•U•• O U Y • pK • •O e■�7 • y 0 aa i fig'6 • • .C Y
fat r y� ff.• V C 7 K F a. Y C F ✓ Y to •0 L C N 6 i Y S 212 e t =y•.U NU J P.x C.id F T 41•• ••. t ■ C 0..•t .. ••+6 6 G:.1 L 9 A - • • 6 •_
W 7 ul .
11.1 in Y U° ••-• r 6 C S CC4iii O ■ O.• WA C ..12 C yOy . W;`` • . ..� _ i . ••" /....1
W F
.. 91 N.1 t••• 5 C 0 y 0 vs, .3... (5 W t� ..- i ..L 6 F-0. t O {f' .[ . ■ _
J W W • S= i - C =
z w