HomeMy WebLinkAboutTasker Park - Discing, Finish Grading, Seeding •
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THIS AGREEMENT made this 30th day of September, 1993 , between
the TOWN OF SOUTHOLD, municipal corporation of the State of New
York, having its office and principal place of business at 53095
Main Road, Southold, New York 11971, hereinafter called the
"Town" and Richard' s Nursery, Inc. having its principal
place of business at 886 Route 25A, Miller Place, New York,
hereinafter called the "Contractor" .
WHEREAS, the Town did heretofore advertise for bids for the
discing, finish grading and seeding at the Robert W. Tasker
Memorial Park, Peconic Lane, Peconic, New York as appears on the
Notice to Bidders hereinto annexed and made a part hereof, and
WHEREAS, the Contractor submitted a bid for the discing,
finish grading and seeding in the amount of $11, 543 . and
WHEREAS, the Town Board of the Town of Southold accepted the bid
of the Contractor by resolution duly adopted on the 21st day
of September, 1993 .
NOW, THEREFORE, ITS IS AGREED AS FOLLOWS:
1. The Contractor does hereby agree to disc, finish grade and
seed at the Robert W. Tasker Memorial Park, Peconic Lane,
T I
Peconic, New York, all in accordance with the Notice To Bidders,
Specification and the Contractor' s bid, all of which are annexed
hereto and made part hereof.
2 . The Town does hereby agree to pay the Contractor for the
work, the total sum of $11, 543. which said sum is to be paid to
the Contractor within thirty ( 30) days of the completion of the
said work and the acceptance thereof by the Town.
3. It is hereby understood and agreed by and between the
parties hereto that the funds for the performance of the work
provided for herein are provided by the Federal Government under
the Community Development Block Grant Program and that,
accordingly, the Contractor does hereby agree to comply with all
of the requirements being annexed hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
Town of Southold
by
Scott L arris, Supervisor
Richard' s Nursery, Inc.
by
COUNTY OF SUFFOLK
ss:
S"T'ATE OF NEW YORK
LEGAL NOTICE
NOTICE TO BIDDERS
Patricia Wood, being duly sworn, says that she is the
NOTICE IS HEREBY':1 Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
GIVEN, in accordance with
the provisions of Section 103 a public newspaper printed at Southold, in Suffolk County;
of the General Municipal Law,. and that the notice of which the annexed is a printed copy,
that sealed bids are sought and has been .hublishcd in said Long Island Traveler-Watchrtian
requested by the Town Board' once each week for . . . . . . . . . . . . . . . . . . . . . . �. . . weeks
of the Town of Southold for
the following project: "Im-
provements to the Robert W. Successively, commencing on the . . . . . . . , . . . . . . . . . . .
Tasker Memorial Park."This
project entails the, discing, ec��
finish.grading and seeding of, day of . . . 19
two playing fields at the
Robert W. Tasker Memorial
Park, Peconic Lane, Peconic,
New York. Specifications may
be obtained at the Office of
the Town Clerk of the Town of
Southold, Town Hall, Main
Road, Southold, New York )WO I'II t > h c t n r c m c this . . . . . . . . . . . . . . . . . . cl a y c>1
11971. '' C
The sealed bids, together . . . . . . 1 9 /3.
. . . . . . . . .
with a non-collusive bid cer-
tificate,will be received by the
Town Clerk of the Town of
Southold at the Southold .
Town Hall, Main Road,
Southold, New York, until
11:00 : A.M., I Thursday, Notary Public
September-16, 1993,at which
time they will be opened and BARBARA A. SCHNEIDER
NOTARY PUBLIC, St
read aloud in public. The ."!e of P:esv York
No. 4s011"I"16
Town Board of the Town of
Southold reserves the right to Qualified in c apices. County
reject any and all bids and Commission _xpires 8/311gy
waive any and all informality
in any bid should it be deem-
ed in'the best interest of the
Town otSouthold to do so.
All bids must be signed and
sealed int. envelopes plainly
marked' "Bid on the Robert
W.Tasker Memorial Park Im-
provements Playing Field"
and submitted to the Office of
the Town Clerk.The bid price.
s" i shall?not include any tax,'
,&defal' state or'local, from
which'the Tbwn of Southold is , 1
exempt.
`rDated: August 24, 1993
JUDITH T,.',TERRY
SOUTHOLD'POViiN CiBRK
s;:; = 1X
9/ /93
00 oyJ►
JUDITH T. TERRY = Z Town Hall, 53095 Main Road
TOWN CLERK p T► P.O. Box 1179 -
REGISTRAR OF VITAL STATISTICS
ct� Southold, New York 11971
MARRIAGE OFFICERyQ Fax (516) 765-1823 -
Telephone (516) 765-1801 =
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 21, 1993:
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Richard's Nursery, Inc. , Miller Place, New York, in the amount
of $11 ,543.00, for discing, finish grading, and seeding of two (2) playing
fields at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New
York, all in accordance with the bid specifications.
Judith T. Terry
Southold Town Clerk.
September 22, 1993
r,
i RICHARD' S NURSERY INC. PHONE: ( 516)744-8670
P.O.BOX 7030 345-0268
i 886 ROUTE 25A FAX: ( 516)744-8762
MILLER PLACE, NEW YORK 11764 924-9508
t,
PROPOSAL,
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHHOLD
TOWN HALL
MAIN ROAD
SOUTHOLD, NY 11971
RE: "IMPROVEMENTS TO THE ROBERT W. TASKER PARK"
BID DATE 9/16/93
BID TIME 11: 00 A.M.
APPROX. AREA TO BE DOME 210, 000 S. F.
CULTTIVATE $2 , 250. 00
FINAL GRADE & REMOVE ALL STONES OVER 1 $2 , 250. 00
WEED KILLER APPLICATION $500. 00
FURNISH AND INSTALL LIME $657. 00
FURNISH AND INSTALL TWO APPLICATIONS OF FERTILIZER $3 , 093. 60
ROLLING $600 . 00
SEEDING $2, 192. 40
TOTAL PRICE $11, 543. 00
THANI,, YOU
CLAUDE ROBB
9/15/93
WE WILL BE USING A FEMALE SUPERVISOR
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ROBERT W. TASKER MEMORIAL PARK ,!
Playing Fields Bid Specifications
The Town of Southold will have the field plowed to a depth of
approximately 12" to 15" and rough graded.
The contractor will perform the following:
Disc an area approximately 560' X 375 ` , to a depth of 4 to 6
inches.
Remove all stones over 1 inch in diameter, sticks and foreign
matter from the surface.
Lime the disced area to a Ph of 6.5
Finish grading and seeding of two playing fields.
Materials to be used:
Ground Limestone shall have the following analysis: at least
fifty ( 50%) percent shall pass a 200 mesh sieve, at least
seventy (70a) percent shall pass a 100 mesh sieve and one
hundred (1000) percent shall pass a 10 mesh sieve Total
carbonates shall not be less than eighty (800) percent of 44.80
calcium oxide equivalent, for purposes of calculation total
carbonates shall be considered as calcium carbonate.
Commercial fertilizer shall have the following composition by
weight: nitrogen, ten ( 100) percent, phosphoric acid (P205)
twenty (20a) percent, potash, ten (100) percent. The nitrogen
shall be thirty ( 300) percent minimum (from animal sources, e.g.
tankage) and seventy (70a) percent inorganic maximum.
Grass seed shall be fresh, recleaned seed of the latest crop,
consisting of the mixture specified in conformity with the
following standards of seed content. The tolerance for
germination shall be those called official and tabulated by the
U.S. Department of Agriculture. Seeding shall be performed at a
rate of 240 lbs. per acre.
The seed mixture shall be as follows
1. 60% Merit Kentucky Bluegrass
2 . 20% Aurora Fine Fescue
3 . 20% Manhattan II Perennial Ryegrass or approved equal
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General:
Area to be seeded shall be loosened to a depth of four (4)
inches. The area shall be smoothed at the proper grade to
incorporating other materials.
After the areas have bee loosened and smoothed, fertilized at
the rate of 1,000 pounds per acre and grass seed at the rate of
240 pounds per acre. The surface shall then be firmed by use of
a light roller. Pre-emergent weed control shall be applied in
accordance with the manufacturer's recommendations to the area.
f
Inspection:
r
Areas which do not contain a stand of grass upon inspection,
which is substantially weed free and in reasonable proportion to e
the seed mixture and satisfactory to the Town Engineer shall be
loosened as required by the Town Engineer shall be loosened as
required by the Town Engineer and refertilized, additional
pre-emergent weed control applied and reseeded until a
satisfactory stand of grass results. it
r
Three or four weeks after germination, apply 1 pound
nitrogen/1,000_ square feet using a complete fertilizer with a
2-1-1 or 4-1-3 ratio or as recommended by soil test results.
The contractor will layout the infield areas, baselines and
pitchers mound in accordance with the attached specifications.
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Playing fields will be laid out by Southold Town Engineer and a
Little League representative.
Area to be graded and
Otreated with a weed killer
Pitcher's Plate to be cut out
and treated with weed killer
Pitcher's Plate will be 6" above
Home Plate level
Base lines to be cut out and
treated with week killer
Diagram-1
Diagram showing; little League !'jel(I layout.
All dimensions are compulsory unless marked "Optional." -
OFFICIAL ]PLAYING RULES
1.00-OBJECTIVES OF THE GAME
1.01—Little League Baseball is a game between two teams of nine players
each, under direction of a manager and coach, played on a regulation Little
League field in accordance with these rules, under jurisdiction of one or more
umpires.
1.02—The objective of each team is to win by scoring more runs than the
opponent.
1.03—The winner of the game shall be that team which shall have scored, in
accordance with these rules,the greater number of runs at the conclusion of a
regulation game.
1.04—THE PLAYING FIELD. The field shall be laid out according to the
instructions,supplemented by Diagrams No. 1 and No. 2 on adjoining pages:
The infield shall be a 60-toot square.
The outfield shall be the area between two foul lines formed by extending
two sides of the square, as in Diagram 1. The distance from home base to the
nearest fence, stand or other obstruction on fair territory should be 200 feet or
more.A distance of 200 feet or more along the foul lines, and to center field is
recommended.The infield shall be graded so that the base line and home plate
are level.
The pitcher's plate shall be six inches above the level of home plate. The
infield and outfield, including the boundary lines,are fair territory and all other
area is foul territory.
It is desirable that the line from home base through the pitcher's plate to
second base shall run East-Northeast.
It is recommended that the distance from home base to the backstop, and
from the base lines to the nearest fence, stand or other obstruction on foul
territory should be 25 feet or more. See Diagram 1.
When location of home base is determined,with a steel taps measure 84 feet,
10 inches in desired direction to establish second base. From home base.
measure 60 feet towards first base from second base, measure 60 feet towards
first base; the intersection of these lines establishes first base. From home
base, measure 60 feet towards third base; from second base, measure 60 feet
_ towards third base; the intersection of these lines establishes third base. The
distance between first base and third base is 84 feet; 10 inches. All measure-
ments from home base shall betaken from the point where the first and third
base lines intersect.
The catcher's box,the batters' boxes, the coaches' boxes, the three-foot first
base lines and the next batter's boxes shall be laid out as shown in Diagrams t
and 2.
The catcher's box extends approximately 6 feet 43A inches to the rear of home
plate. It is determined by extending each foul line 9 feet beyond the back point
of home plate.
The batter's box shall be rectangular, 6 feet by 3 feet.The inside line, if used,
shall be parallel to and 4 inches away from the side of home plate. It shall -
extend forward from the center of home plate 3 feet and to the rear 3 feet.
The coaches' boxes shall be 4 feet by 8 feet and shall not be closer than 6 feet
from the foul lines.
The foul lines and all other playing lines indicated in the diagrams by solid
black lines shall be marked with chalk or other white material. Caustic lime
'must not be used.
The grass lines and dimensions 5hDmu un the diagrams are those used in
many �e7( —tM ar or mandatory. Each league shall determine the size
and shape of the grassed and bare areas of its playing field.
1.05—Home base shall be marked by a five-sided stab of whitened rubber. It
shall be a 12-inch square with two of the corners filled in so that one edge is 17
NON-COLLUSIVE BID CERTIFICATE
The undersigned bidder certifies that this bid has been arrived at
by the bidder independently and has been submitted without collusion
with any other vendor of materials, supplies or equipment of the type
described in the invitation for bids, -and the contents of this bid have
not been communicated by the bidder, nor, to its best knowledge and
_ belief, by any of its employees or agents, to any person not an employee
or agent of the bidder or its surety on any bond furnished herewith.
prior to the official opening of the bid.
a
(Signed)
(Corporate Title)
(if any)
Bid on ROBERT W. TASKER MEMORIAL PARK
IMPROVEMENTS - PLAYING FIELD
{
JAMES C. MCMAHON SCOTT L. HARRIS
Administrator Supervisor
Telephone (516) 765-1892 , `. C Town Hall, 53095 Main Road
P.O. Box 1179 -
Southold, New York 11971
Fax (516) 765-1823
TOWN OF SOUTHOLD -
COMMUNITY DEVELOPMENT AGENCY
PROJECT: ROBERT TASKER MEMORIAL PARK, PECONIC LANE, PECONIC, NY
Dear Contractor:
Please find the enclosed forms:
1.. Notice
2. Equal Employment Opportunity - Executive Order 11246
3 . Equal Opportunity Bid Conditions for Federal and Federally
Assisted Construction
4. Federal Wage Rates
5 . Instruction for Completing Payroll Forms WH-347
6 . Pre-construction Checklist for Contractors
7. Contracting Opportunities for Minorities and Females
8 . Federal Labor Standards Provisions
9. Section 109 and Section 110 of PL93-383
10. Requirements for Contractors
11. Section 3 Plan
12. Contractors Responsibilities
13 . Fair Trade Practice
If you have any questions on the above, please give me a call.
NOTICE
This project is being assisted by funding from the Federal
Government of the United States ,of America under one or
more current federal funding programs , and as such, the
performance of all work contemplated under the terms and
conditions of this set of plans, specifications and related
documents must conform to certain basic and specific
standards and requirements of both the Federal and New York
State governments .
The federal labor-standards provisions setting forth the
requirements for federal funding are contained in these
documents.
In the event of conflicting requirements Federal, and
State provisions set forth shall take precedence over
local requirements , except for bonding and insurance
requirements where local provisions , requirements and
standards will apply.
31
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' •; 8-020.1
AMendi:c 1
DOEPAR.11V1`NT OF HOUSING AND URBAN D�EVELOPMENt
,utev o j
'= - Executivc Order 11246, es emended �
ii','
EQUAL EMPLOYMENT OPPORTUNITY
''', 1Ueieil Executive Order 11247
COORDINATION BY ATTORNEY GENERAL
EQUAL EMPLOYMENT OPPORTUNITY
Executive Order 112461
r3o F.& 12319-257
Under and by virtue of the authority vested in me as President of
y the United States by the Constitution and statutes of the United
States,it is ordered as follows:
Pala I—NONDUCRIMNATION IN GOyERXNMNT EacrWTW7wr
Sm 101. It is the policy of the Government of the United States
to provide equal opportunity,in.Federal employment for all qualified
persons, to prohibit discrimination in employment becsuse of race,
color, religion,sea or national origin, and to provide the full realiza-
tion of equal employment opportunity througs a.positive, continuing
program in each executive department and aaency.The poucy or eeqqual
opportunity applies to every aspect of Federal employment policy
and practice.
Snc. 102. The head of each executive department and agency shall
establish and maintain a positive prograrn of equal employment oppor-
tunity for all civilian employees and applicants for empiocment within
hid jmi-_dictinn in accordance with the policy set forth in' Sectoia 101.
SEC. 103.The Civil Sen^:ce Com-:r:ission shall supervise and provide
leadership and guidance in the conduct of equal employment oppor-
tunity programs for the civilian employees of and applications for
employment within the executive departments and agencies and shall
review agency program accomplishments periodically. !a order to
facilitate the achievement of a model program for equal employment
opportunity in the Federal service,the Commission may consult from
time to time with such individuals. groups,or organizations as may be
of assistance in improving the Federsl program and realizing the
objectives of this Part.
SEc. 104. The Civil Service Commission shall provide for the
prompt, fair, and impartial considemt.on of all complaints of di3-
crimination in Federal employment on t1n,basis of race,color,religion,
sex or national origin. Proceaures for the consideration of complaints
shall include at least one imps:Zini review witian the executive aeu-
meat or agency and sh311 provide for appeal to the CirU Service -
Commission.
Sac. 105.The Civil Service Commission shall issue such regulations,
st -
orders;and instructions as it deems necessary and appropriate to carry
out its responsibilities under this Part,and the head of each executive
department and agency shall comply with the regulations.orders,and
instructions issued by the Commission under this Part.
1 Amended by Eseenttve Order 113'5 of October 13.1%T.32 Fed.fief• 14303,to provide
that the prolrram of equal employment opportunity include ptobtbtttoa asamac d1wrimins-
tion an Amount of ads. -
1 _
Page 1
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7
=8020-1 �
v
Append:L.- 1
?A= II' NOWDISCRTUrrazxorr rX EmPxoYxtr, By GovEaxm7.xT
CoxTRAC'rYDR9 AND'SUBCONMUCMRS
eumtPART A—DuT s or TSR saCRETART or LssoR
Sac.201.The Secretary of LaborlAall be responsible for the admin-
istration of Parts II and,III of this Order ana shall adopt such rules .
and regulations and issue such orders as he deems necessary and ap-
propriate to achieve the purposes thereof.
8UWAEr W--00N- RacroRS9 Auer UM-.Te
Sac. 202. Except in contracts exempted in accordance with Section
204 of this Order, all Government)contracting agencies shall include
in every Government contract her'*_aiter encerea into the ioilowing
provisiims
"During; the performance of this 6antract, the contractor agrees as
follows
"(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure
that applicants are employed, and Ithat employees are treated during
em�loyerfent, without restard to their race, color, religion, sex, or
natronal origin. Such acafon shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruit-
ment or recruitment advertising; lavofi or termination; rates of pay
or other forms of compensation; and selection for training, including
apprentioeship. The contractor agrees to post in. conspi4pus places,
ave►f,able to employees and applicanj dor euiuioyniert, notifeo to 1:4
provided by the contracting officersetting forth the provisions of this
nondiserirnation clause.
"(2) The contractor will., in all 'solicitations or advertisements for
emplayeer placed by or on behalf of the contractor,state that all quali-
fie applicants will receive consideration for employment without
regard to race,color, relisrion,sex,or national origin.
`(3) The contractor will send toleaoh labor inion or representative
of
workers with which he has.a collective bar airing agreement or
other contract or understandir"s notice,to be provided by the agency
oontracting officer,advising tit.,iaoor union or workers'representative
of the contractors'coxmnitrnencs under Section s0-2 of Executive Order
No. 11246 of September 24, 1906,and ,hall post copies of the notice in
conspicuous places mailable to employees.and applicants for employ-
ment.
11(4) The contractor will eompiy with all provirions of Executive
Order No.11246 of September 24, !1963, and of the rules, regulations,
and relevant orders of the Secretary,of Labor.
"�(3) The contractor will furnish all information and repots re-
quired by-Executive Order No. 11246 of September 241963,and by the
rupee, regulations, and orders of the Secretary of Labor or pursuant
thereto, and will permit access to his books, records, and accounts by
the contracting; agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,regulations,and
ordem
Pige 2 .
II
I
8020.1
Appendix 1
11(6) In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of such rules,regou-
lations, or orders, this contract may be cancellea, terminated or sus- .
pended in :chole or in part and the contractor may be declared ineli-
gible for further Government contracts in accordance with procedures
authorized in Executive Order -No. 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided
in Executive Order\o. 11?46 of September 21.4, 1965, or by rule,reau-
lation, or order of the Secretary of Labor, or as otherwise provided
by law.
• `t(7) The contractor will include the provisions of Paragraphs (1)
through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pur-
suant to Section 20.1 of Executive Order-'No. 11246 of September 24,
19(35, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action.with respect to any
subcontract or purchase order as the contracting agency may direct as
a means of enforcing such provisions inclnciin-sanctions for noncom-,
pliance: Provided, lowever. That in the event the contractor becomes
involved in, or is threatened with, litigation_with a subcontractor or
vendor as a result of such direction by the contracting agency, the
contractor may request the United States to enter into such litigation to
protect the interests of the United States."
Sec. 203. (a) Each contractor having a contract containing the pro-
visions prescribed in Section 2102 shall-file, and shall cause each of his
sifucontr actors to file.Compliance Reports with the contracting agency
r or the Secretary of Labor as may be directed. Comr,liance Reports
shall be filed within such times and shall contain sucl information as
to Litt prsactiCez, �,t)i.::S, Mb omc� Pnd PmT)Iovment policies, pro-
i grams, and employment statistics of the contractor and each sub-
contractor, and shall be in such form, as the Secretary of Labor may
prescribe.
(b) Bidders or prospective contractors or subcontractors may be
required to state whether they have participated in any Drovious con-
tract subject to the provisions of this Order,or any precedinz similar
i Executive order, and in that event to submit,on behalf of themselves
and their proposed subcontractors, Compliance Reports prior to or as
an initial part of their bid or negotiation of a contract.
{ (c) Whenever the contractor or subcontractor has a collective bar
gaining agreement or other contract or understanding with a labor
union or an agency referring workers or providing or supervising
appenticeship or training for such workers, the Compliance ReDort
shall include such iniormation as to such labor union's or aeency's
practices and policies affecting compliance as the wcretary o'i L;)Qr
may prescribe:Provided,That to the estent such information is within
the exclusive possession of a labor union or an agency referring work-
ers or providing or supervising apprenticeship or training and such
labor union or agency shall refuse to furnish such information to the
contractor, the contractor shall so certify to the contracting agency as
part of its Compliance Report and shall set forth gnat efforts he has
made to obtain such information.
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8020.1 i
` i
APpend:Lx 1 .'
k
(d) The contracting agency or the Secretary of Labor may direct
that any bidder or prospective contractor or subcontractor shall sub-
mit, as part of his 0)mpliancf:Report,a statement in writing,signed
by an authorized officer or agent on behalf of any labor union or any
agency referring workers or providing or supervising apprenticeship
or other trainur2, with which the bidder or prospective contractor
deals, with supporting information, to the effect that the signer's
practices and policies do not discriminate on the grounds of race,color,
reIiggtron,sex or national orizin,and that the signer either will atnrma-
tirely cooperate in the implementation of the policy and provisions of
this order or that it consents and aerees that recruitment,employment,
and the terms and conditions of employment under the proposed con-
t, tract shall be in accordance with the purposes and provisions of the
order.In the event that the union,or the agency shall refuse to execute
such a statement, the Compliance Report shalf so certify and set forth
what efforts have been made to secure such a statement and such addi-
tional factual material as the contracting agency or the Secretary of
Labormay requir°.
Sec. 201. The Secretary of Labor may, when he deems that special
circumstances in the national interest so require,exempt a contracting
aggency from the requirement of including anv or all of the provisions
of Section 202 of this Order in anv specific contract,subcontract, or
purchase order. The Secretary of Labor may, by rule or reguia- i
tion, also exempt certain classes of contracts,'subcontracts, or pur-
chase orders (1) wherever work is to be or has been periormed outside
the United States and no recruitment of workers'within the limits
of the United States is involved; (2) for standard commercial sup-
plies or raw materials; (3) involving less than specified amounts of l
money or specified numbers of workers;or (L) to the extent that they
involve subcontracts oeiow a specined tier. i he.Secretary of Labor
may also provide, by rule, regulation, or order, for the exemption
of facilities of a contractor which are in all respects separate and
distinct from activities of the contractor related to the performance
of the contract: Provided, That such an exemption will not interfere k'
with or impede the effectuation of the purposes of this Order: And
provided((v.reher,That in the absence of such an exemption all facili-
ties shall be covered by the provisions of this Order.
SZ 8PMM O--POWERS AMD DUTMS OF TSE SECR=ARY OF LABOR AND THE
OONTRACn_ O AGFNc=s
Szc. 205. Each contracting agency shall be primarily responsible
for obtainin compliance with the rules, regulations,and orders of the
Secretary of Labor with respect to onntracts entered into by such
agency or its contractors. All contracting agencies shall comply with
the rules of the Secretary of Labor in discharging their primary
responsibility for securing compliance with the proc-isions of con-
tracts and otherwise with the terms of this Order and of the rules,
regulations, and orders of the Secretary of Labor issued pursuant to
this Order. Thev,are directed to cooperate with the Secretary of.
Labor and to furnish the Secretary of Labor such information and
assistance as he may require in the performance of his functions under
this Order. They are further directed to appoint or designate, from
Page 4
8020.1
Atrr endix 1
1
s
k
among the agency's personnel, compliance officers. It shall be the
duty of such officers to seek compliance with the objectives of this -
Order by conference, conciliation, mediation, or persuasion.
SEc.206. (a) The Secretar;Df Labor may investigate the employ-
ment practices of any Government contractor or subcontractor,or ini-
tiate such investigation by the appropriate contracting agency, to de-
termine whether or not the contractual provisions specified in Section
202 of this Order have been violated. Such investigation shall be
conducted in accordance with the procedures established by the Secre-
tary of Labor and the investigating agency shall report t; the Secre-
taof Labor any action taken or recommended.
7b) The Secretary of Labor mav receive and investigate or cause
to be investigated complaints by employees or prospective employees
of a Government contractor or s1_16_contr1tctdr which a!';--,,e discrimina-
tion contrary to `the contractual provisions specified in Section 202
of this Order. If this investigation is conducted for the Secretary
of Labor by a contractinry a-senev, that agency shall report to the
Secretary what action hasleen taken or is recommended with regard
to such complaints.
SEc.207. The Secretary of Labor shall use his best efforts, directly
and through contracting agencies, ocher interested Federal,State, and
local agencies,contractors,and all other available instrumentalities to
cause any labor union enoa-ed in work under Government contracts
or any agency referrinv workers or providing or supervising appren-
ticesliip or trninint,• for or in the course of such work to cooperate in
the implementation of the purposes .of this Order. The Secretary of
�a a Labor sliall, in appropriate cases, notify the Equal Employment
v pYow 't.Y Commit-on.the De-,o,-Omani of Justice Or nfhol''d,Pp1'(l.
priiate Federal agencies whenever it has reason to believe that the
practices of any such labor organization or agency violate Title VI or
Title VII of the Civil Rights act of 1964 or other provision of Fed-
eral
ed oral law.
Snc. 203. (a) The Secretary of Labor, or any agency, officer, or
employee in the executive branch of the Government designated by
rule, regulation, or order of the Secretarv, mav hold such hearings,
public or private.as the Secretary may deem advisable for compliance,
enforcement, or educational purposes.
(b) The Secretary of Labor may hold,or cause to be held,hearings
in accordance with Subsection (a) of this Section-prior to imposing,
orderine,or recommending the imposition of penalties and sancttoi.s
under this Order. No order for debarment of anv contractor from
further Government contracts under Section 209(a)(6) shall be made
without atfording the contractor an opportunity for a hearing.
SUBPAtrr D•—gAVCT1018 AND PENALTIES
SEc. 209. (a) In accordance With such rules, regulations,or orders
as the Secretary of Labor mav issue or adopt, the Secretary or the
appropriate ooncracting agencv mav
se
(1) Publish, or cauto-bo published, the names of contractors or
unions which it has concluded have complied or have failed to comply
with the provisions of this Order or of the rules, regulations, and
orders of the Secretary of Labor.
Page 5
a .
8020.1 _v
Appendix 1 ,
(2) Recommend to the Department of Justice that in cases in
Z
there is substantial or material riblation or the threat of sub-
stantial or material violation of the contractual provisions set forth
in Section 202 of this Order, appropriate proceedings be brought to
enforce those] provisions, ineludiing the enjoining, within the limita-
tions of applicable law, of organizations, individuals, or groups who
prevent directly or indirectly,or seek to prevent directly or indirectly,
compliance with the provisions of this Order.
(3) Recommend to the Equal Employment Opportunity Commis-
Sion or the Department of Janice that appropna,,e proceedings be
instituted under Title VII of the Civil Rights Act of 1964.
(4) Recommend to the Department of Justice that criminal pro-
ceedings be brought for the furnishing of false information to any con-
tracting, agency or to the Secretary of Labor as the case may be.
(5) Nncel,terminate,suspend,or cause to be canceled,terminated,
or suspended, any contract, or any portion or portions thereof, for
failure of the contractor or subcontractor to comply with the non-
discrimination provisions of the contract. Contracts may be cancelled,
terminated, or suspended absolutely or continuance of contracts may
be conditioned upon a program for future compliance approved by
the contracting agency.
(6) Provide that any contracting agency shall refrain from enter-
ing into further contracts, or extensions or other modifications of
existing contracts, with any noncomplving contractor, until such con-
tractor has satisfied the Secretary of Labor that such contractor has
established and will cerry out personnel and employment policies in
compliance with the provisions of this Order.
(b) Linder rules and regulatiorm, prescribed by the Secretary of
La r, each contracting agency shall made reasonabie efforts within
a reasonable; time iianilt►i.ivai w at,:urawia"luiia:.Ci W-1- 1`.1'e =rtrs^_t
provisions of this Order by methods of conference, conciliation,medi-
ation, and persuasion L%lore proceedings shall be instituted under
Subsection (a) (2) of this Section, or before a contract shall be can-
celed or terminated in, whole.or in Dart under Subsection (a)(5) of
this Section for failure of a contractor or subcontractor to comply
with the contract provisions of this Order.
SEc. 210. Any contracting agency taking any action authorized by
this Subpart, whether on its own motion,or as directed by the Secre-
tary of Labor, or under the rules and regulations of the Secretary,
shall pro,nptly notify the Secretary of such action. Whenever the
SecreTary of Labor makes a determination under this section,he shall
promptly notify the appropriate contracting agency of the action
recommended. The ea!enev shall take such acrion and shall report
• the results thereof to "he Secretary of Labor within such time as the
'0Secretary shall specify. -
S=. 211. If the Secretary shall so direct,contracting agencies shall
not enter into contracts with any bidder or prospective contractor
unless the bidder or prospective contractor has satisfactorily complied
with the provisions of this Order or submits a program for compliance
acceptable to the Secretary of Labor or,if the Secretary so authorizes,
to the contracting agency.
Sim. 212. Whenever a contracting agency cancels or terminates a
contract, or whenever a contractor has been debarred from further
ego
1
Page 6
8020.1
Appendix 1
Government contracts, under Section 209(a)(6) because of noncom-
pliance with the contract provisions with regard to nondiscrimination,
the Secretary of Labor, or the contractinz agency involved, shall
promptly notify the Comptroller General or the United States. Any
such debarment may be rescinded by the Secretary of Labor or by
the contracting agency which imposed the sanction.
9UWAI= Fr(-FXrIFrQ&M OF XM=
Sae. 213. The Secretary of Labor may provide for issuance of a
United States Government Certificate of 3Ierit to employers or labor
Z
or other agencies which are or may, hereafter be enea ed in
a work under Government contracts, if the Secretary is satisfied that
the personnel and employment practices of the employer, or that the
personnel, training, apnrAnticesnip, mem.Der. t-rie-once and rep-
resentation, upgrading, and other practices and poiicies of the labor
union or other agency conform to the purposes and provisions of this
Order.
SEe. 214. Any Certificate of Merit may at any time be suspended
or revoked by the Secretary of La..ur if the holder thereof, in th3
Judgment of the Secretary, has failed to comply with the provisions
of gins Order.
SFc.215. The Secretary of I:A- bor may provide for the exemption
of any employer, labor union, or other agency from anv reporting
requirements imposed under or pursuant to this Order if such em-
ployer, labor union, or other agency has been awarded a Certificate
of Herlt which has not been suspended or revoked.
PAirr 7II-No_varscrxxix••rlox Paovxaxosrs IN FF.DF.sara z AsslgT
CoxsnvcrxO*r Cowrnecrs
Szo.301. Each executive department and agency which administers
a program involving Federal financial assistance shall require as a
condition for the approval of any brant, contract, loan, insurance, or
guarantee thereunder,which may involve a construction contract,that
the applicant for Federal assistance undertake and agree to incorpo-
rate, or cause to be incorporated, into all construction contracts paid
for in whole or in Dart with funds obtained from the Federal Guvern-
meat or borrowed on the credit of the Federal Government pursuant
to such grant, contract, loan, insurance, or guarantee. or undertaken
pursuant to any Federal program involving such _-rant,contract,loan,
insurance, or guarantee, the provisions prescribed for Government
contracts by Section 203 of this Order or such modification thereof,
nreserring in substance the contractors obligations thereundor,as inay
' . be approved by the Secretary of Labor, together with such additional
provisions as the Secretary-deems appropriate to establish and pro-
tect the interest of the Canted States in the enforcement of those obli-
gations. Each such applicant shall also undertake and agree (1) to
assist and cooperate actively with the administering department or
agency and the axretary of Labor in obtaining the compliance of con-
tractors and subcontractors with those contract pro-,isions and with
the rules, regulations, and relevant orders of the Secretary, .(2) to
obtain and to furnish to the administering department or agency and
Page 7
k � ,
/ Y
8020.1
Appendix 2.
U) the Secretary of Labor such information as they may require for
the supervision of such compliance, (3} to carry out sanctions and
penalties for violation of such obligations imposed upon contradtors
and subcontractors by the Secretary of Labor or the administering
department or agency pursuant to Fart II, Subpart D, of this Order,
and (4) to refrain from entering into any contract subject to this
Order, or extension or other modification of such a contract with a
contractor debarred from Government contracts unde Part II, Sub-
part n, of this Order.
SEc. 3132. (a) `•Construction contract" as used in this Order means
any contract for the construction rehabilitation, alteration conver-
sion, extension, or repair of buildings, highways, or other improve-
ments to real property.
(b) The provisions of Part II of this Order shall apply to such
construction contracts, and for purposes of such application the ad-
ministering department or agency shall be considered the contracting
agency referred to therein.
(c) The term "applicant''' as used in this Order means an applicant
for Federal assistance or, as determined by agency reg lation, other
program participant, with respect to whom an application for any
grant, contract, loan, insurance, or guarantee is not finally acted upon
prior to the effective date of this Part, and it includes such an
applicant after he becomes a recipient of such Federal assistance.
Sm 303. (a) Each administering department and agency shall
be responsible for obtaining the '(compliance of such applicantswith
their undertakings under this Order. Each administering depart-
merit and agency is directed to cooperate with the Secretary of Labor,
and to furnish the Secretary such information and assistance as he
may require in the performance of his functions under this Order.
(b) I:n the event an applicant (fails and refuses to comply with his
undertakings, the administering department or agency may take any
or all of the following actions: (1) cancel, terminate, or suspend in
whole: or in part the agreement, contract, or other arrangement with
such applicant with respect to which the failure and refusal occurred;
(2) refrain from extending anyi further assistance to the applicant
under the program.with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been
received from such appilcarit; and (3) refer the case to the Depart-
ment of Justice for approuriate legal proceedings.
(c) Any action with respect to an applicant pursuant to Subsection
(b)shall be taken in conformitylwith 6ection 602 of the Civil Rights
Act of 15x4 ka nd L;.a regulations of the administering department or
agency issued thereunder), to the extent. applicable. In no case shall
action be taken with respect to an applicant pursuant to Clause (1)
or (2) of Subsection (b) without notice and opportunity for hearing
before the administering department or agency.
SEc. 304. Any executive department or agency which imposes by
rule, regulation, or order requirements of nondiscrimination in em-
ployment, other than requirements imposed pursuant to this Order,
may delegate to the Secretary of Labor bagreement such responsibili-
ties with respect to compliance standards, reports, and procedures as
HUD-Wase..D.Q
8020.1
ppenaix
would tend to bring the administration of such requirements into con-
formity with the administration of requirements imposed under this
Order: Provided, That actions to effect compliance by recipients of
Federal financial assistance with requirements imposed pursuant to
Title VI of the Civil Rights Act of 1964 shall be taken in conformity
*ith.the procedures and limitations prescribed in Section 602 thereof
and the regulations of the administering department or agency issued
thereunder.
P,&RT IV—Miscr,.Lj ANFous
Ssc.401. The Secretary of Labor may delegate to any'officer,agency,
or employee in the Executive branch•of the Government, any function
r or duty of the Secretary under Parts II and III of this Order,except
authority to promulgate rules and regulations of a general nature.
Ssc.402. The Secretary of Labor shall Provide administrative sup-
port for the execution of the program known as the "Plans for
Progress."
Sm 403. (a) Executive Orders Nos. 10,590 (January 19, 1955),
10722 (August 5, 1957),10925 (March 6, 1961),11114 (June 22, 1963),
and 11162 (July 28, 1964), are hereby superseded and the President's
Committee on Equal Employment Opportunity established by Ex-
ecutive Order No. 10925 is hereby abolished. All records and property
in the custody of the Committee shall be transferred to the Civil Service
Commission and the Secretary of Labor, as appropriate.
(b) Nothing in this Order shall be deemed to relieve any person of
any obligation assumed or imposed under or pursuant to any Execu-
tive Order superseded by this Order. All rules, regulations, orders,
i instructions, designations, and other directives issued by the Presi-
dent's Committee on Equal Employment Opportunity and-those issued
by the heads of various departnseaLs or aganc:rN;:ndcr or ru:v1__nt to
any of the Executive orders superseded by this Order, shall, to the
extent that they are not inconsistent with this Order, remain in full
force and effect unless and until revoked,or superseded by appropriate
authority. References in such directives to provisions of tfie super-
ceded orders shall be deemed to be references to the comparable provi-
sionsof this Order.
SFc.404. The General Services:administration shall take appropri-
its action to revise the standard Government contract forms to accord
with the provisions of this Order and of the rules and regulations of ,
the Secretary of Labor.
Szc. 405. This Order shall become effective thirty days after the
date of this Order.
Lzxwzc B.JOHNsoN.
TSaz WHrrz Housz.
September 24,1966.
Page 9
$020.1
11 7
Appendix 1
COORDINATION BY ATTORNEY GL.:ERAL
Executive Order 11247
130 F.R. 123271
PRpvIDveo FUR TmE Coo=r.-mmox BT Tnz ATTURtiEY GENERAL of
E.VMRMfE.\T or Tmx VI OF THE CIVIL RIow s AcT of 1964
Whereas the Depn-`auents and agencies of the Federal Government
have adopted uniform and consistent regulations implementing Title
VI of the Civil Rights Act of 1964 and, in c x)pe'mtion with the
President's Council on Equal Opportunity, have embarked on a
coordinated program of enforcement of the provisions of that Title;
Whereas he issues hereafter arising in connection with coordi-
nation of the activities of the departments and n-,s cies under that
Title will be predominantly legal in character and in many cases will
be related to 'udirial enforcement:and
Whereas t e Attornev Genera is the chief law officer of the Federal
Government and is charged %vi;�i the duty of enforcing the laws of
the United States
Now,therefore,by virtue of the;authority vested in me as President
of the united States by the Constitution and laws of the United
States,it is ordered as foflows c
SEA,mov. 1.The Attorney General shall assist Federal departments
and agencies to coordinate their programs and activities and adopt
consistent and uniform policies,practices.and procedures with respect
i to the enforcement of Title VI of the Civil Rights Act of 1964.*Ha
may promulgate such rules and regulations as lie shall deem neces-
sar I to carry out his functions under this Order.
Fe. 2. Ea^h Fe*leral department and agency shall cooperate with
the Attorney General in the performance of 'res functions under this
Order and shall furnish him such reports and information as he may
request.-
1.1 bEc. 3. Effective 30 days from the date of this Order, Executiv9
1 Order No. 11197 of February 5, 1963, is revoked. Such records of the
President's Council on Equal Opportunity as may pertain to the
enforcement of Title VI of the Civil Rights Act of 1964 shall be trans-
ferred to the Attorney General.
SEc.4.All rules, regulations, orders, instructions, designations and
other directives issued by the President's Council on Equal Oppor-
tunity relating to the implementation of Title VI of the Civil P.ivhts
Act of 1964 shall remain in fel force and effect unless and until
revoked or superseded by directives of the Attorney General.
LTNw.r B. JoH.rsox.
TuE WHrm HousE,
Seplamber 24, 1985.
u,s.G.ovrRpKLYT rrearrVC orrict-t%,a o-at;-7l](67)
es:-ess
w
' Page 10
DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
NEW FORMAT FOR FEDERAL EQUAL
EMPLOYMENT OPPORTUNITY BID CONDITIONS FOR
FEDERAL AND FEDERALLY ASSISTED
CONSTRUCTION
NOTICE
On April 3, 1975, there was published in the FEDERAL REGISTER (40 FR 14953) a
notice and opportunity for comment concerning the intention of the Deportment of Labor
toadapt New Model Federal EEO Bid Conditions for inclusion' in Federal and federally
assisted construction contracts and subcontracts in selected areas.
The Following Model Federal EEO Bid Conditions are issued to carry out the purposes
of Executive Order 11246, as amended. The Model Federal EEO Bid Conditions reflect
changes which were made as a result of comments received on the proposed Model Federal
EEO Bid Conditions. The comments received were equally distributed between those
favorable and unfavorable. In general those favorable felt that deletion of the Bidders'
Certification will eliminate undue and costly delays resulting from contractors and subcon-
tractors being declared nonresponsive because of their failure to fill in a form correctly.
Those opposed to elimination of the Bidders' Certification felt that a pre-award certifi-
cation is essential in establishing the contractors' and subcontractors' commitment to offir-
mative action.
The Department has carefully considered all the comments and has determined that the
format developed in the new Model Federal EEO Bid Conditions adequately apprises pro-
speeitve contractors and subcontractors, prior to bid opening, of the importance of the
Federal affirmative action requirements and is compatible with procurement principles.
Under Comptroller General opinions and the decisions in Northeast Construction Company
v. Romney, 485 F. 2d 752 (D.C. Cir. 1973) and Rossetti Contracting Company
v. Brennan, 508 F. 2d 1039 (7th Cir. 1975), the failure of a bidder to specify its
goals for minority employment as required by imposed plans or the failure of a bidder to
complete and submit a Bidder' Certification form as required by the Bid Conditions in
hometown plan areas requires the contracting agency to declare the bid non-responsive.
This has caused the loss of hundreds of thousands of dollars because defective low bids
were discarded in favor of the new low bid.
The original reason for requiring the submission of a properly executed Bidders' Certifi-
cation was that it was thought to be helpful in informing contractee of their obligations
and eliminated inattentive bidders. However, it is now an opinion that contractors are rec-
soncbly aware of their EEO obligations so as to obviate the need for certification. Therefore f
the amendment of the Bid Conditions would eliminate the signature and Fill-in-tha-blank
requirements. Instead, the Federal EEO Bid Conditions clearly notify prospective bidden
r
,1
Y T
that they will be committed to the goals contained therein by submitting a properly
signed bid. This amendment does not diminish the goverment's enforcement ability
or applicable EEO requirements yet permits contracting agencies to award contracts
to the lowest responsive and responsible bidder.
It is for this reason that the new Model Federal EEO Bid Conditions make the af-
firmative action requirements binding on all bidders who submit signed bids.
Accordingly, effective September 1, 1976, all contracting and administering agencies
are directed to adopt the new Model.
Federal EEC - Bid Conditions for inclusion in.all future invitations for bids on ail
non-exempt Federal and federally assisted construction contracts and subcontracts
awarded in areas covered by hometown plans (Part Q and Part 11 EEO requirements.
Further, all other forms of Federal EEO Bid Conditions containing hometown plans and
Part II EEO Bid Condition requirements now in use for such areas are not to be in-
cluded in Invitctions for Bid after adoption of the new Model Federal EEO Bid Con-
ditions.
This new format hes been coordinated through the Office of Federal Procurement
Policy of the Office of Management and Budget in accordance with P.L. 93-400,
the Office of Federal Procurement Policy Act.
Set forth below are the new Model Federal EEO Bid Conditions:
BID CONDITIONS
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
For all Non-Exempt Federal and Federally-
Assisted Construction Contracts to be Awarded in
(NASSAU AND SUFFOLK COUNTIES, NEW YORK)
NOTICE
EACH BIDDER, CONTRACTOR OR SUBCONTRACTOR (HEREINAFTER THE CON-
TRACTOR) MUST FULLY COMPLY WITH EITHER PART I OR PART 11, AS APPLICABLE,
OF THESE BID CONDITIONS AS TO EACH CONSTRUCTION TRADE IT INTENDS TO
USE ON THIS CONSTRUCTION CONTRACT AND ALL OTHER CONSTRUCTION WORK
(BOTH FEDERAL AND NON-FEDERAL) IN THE NASSAU - SUFFOLK AREA DURING
THE PERFORMANCE OF THIS CONTRACT OR SUBCONTRACT. THE CONTRACTOR
COMMITS ITSELF TO THE GOALS FOR MINORITY MANPOWER UTILIZATION IN
EITHER PART 1 OR PART 11, AS APPLICABLE, AND ALL OTHER REQUIREMENTS,
TERMS AND CONDITIONS OF THESE BID CONDITIONS BY SUBMITTING A PRO-
PERLY SIGNED BID.
THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE
RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND
CONDITIONS OF THESE BID CONDITIONS.
Part I: The provisions of this Part I apply to contractors which are party to collective
bargaining agreements with labor organizations which together have agreed to the
NASSAU - SUFFOLK Area Construction Program (hereinafter the NASSAU - SUFFOLK
Plan) for equal opportunity and have jointly made a commitment to specific goals of
minority and, where applicable, female utilization. The NASSAU SUFFOLK Pian is c
tripartite voluntary agreement between (CONTRACTORS, UNIONS, & MINORITY COM-
MUNITIES). The NASSAU-SUFFOLK Plan , together, with all implementing agreements that
have been and may hereafter be developed pursuant thereto, are incorporated herein by
reference.
Any contractor using one or more trades of construction employees must comply with
F� either Part I or Part II of these Bid Conditions as to each such trade . A contractor may
r
therefore be in compliance with Part I of these Bid Conditions by its participation with
the labor organization which represent its employees in the NASSAU-SUFFOLK Plan as
to one trade provided there is set forth in the NASSAU-SUFFOLK Plan a specific com-
mitment by both the contractor and the labor organization to a goal of minority utili-
zation for that trade Contractors using trades which ore not covered by Part i
(See Part 11, Section A) must comply with the commitments contained in Part 11 including
goals for minorities and female utilization set forth in Part 11.
If a contractor does not comply with the requirements of these Bid Conditions, it shall
be subject to the provisions of Part II.
Part II A. Coverage. The provisions of this Part I1 shall be applicable to those
contractors who:
1 . Are not or hereafter cease to be signatories to the NASSAU-SUFFOLK Plan
incorporated by reference in Part i hereof;
2. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective
bargaining agreements;
3. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective
bargaining agreements with labor organizations which are not or hereafter cease to be
signatories to the NASSAU-SUFFOLK Plan -
4.
lan °4. Are signatories to the NASSAU-SUFFOLK Plan and are parties to collective
bargaining, agreements with labor j
organizations but the two have not jointly Y executed
:i a specific commitment to goals for minority utilization and incorporated the commit
`A1 ment in the NASSAU-SUFFOLK Plan p or
° 5. Are participating in a affirmative action plan which is no longer acceptable
to the Director, OFCCP, including the NASSAU-SUFFOLK Plan.
6. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective
bargaining agreements with labor organizations which together have failed to make
a good faith effort to comply with their obligations under the NASSAU-SUFFOLK
Plan and, as a result, have been placed under. Part 11 of the Bid Conditions by the
Office of Federal Contract Compliance Programs
i
r7
i
a
B. Requirement -- An Affirmative Action Plan. Contractors described in para-
graphs 1 through 6 above shall be subject to the provisions and requirement of Part
Il of these Bid Conditions including the goals and timetables for minority utiliza-
tion, and specific affirmative action steps set forth in Sections B. 1 and 2 of this Part
II. The contractor's commitment to the goals for minority utilization as required by this
Part II constitutes a commitment that it will make every good faith effort to meet such
goals.
1 . Goals and Timetables. The goals of minority utilization required of the con-
tractor are app ica a to-each trade used by the contractor in the NASSAU-SUFFOLK
Plan area and which is not otherwise bound by the provisions of Part 1. For all such
trades the following goals and timetables shall be applicable.
Goals for
Minority
Utilization
Until (1/1/74) (6.00% d.0%) ( }
From ( ) to ( ) ( )
From
( ) to ( ) ( )
From ( ) to ( ) ( )
From ( ) to ( ) { ) 2/
>a
The goals of minority and female utilization above ore expressed in terms of hours of
training and employment as a proportion of the total number of hours to be worked by
the contractor's aggregate work force, which includes all supervisory personnel, in each
trade on all projects (both Federal and non-Federal) in the NASSAU-SUFFOLK Plan
area during the performance. of its contract (i.e. , the period beginning with the first day
of work on' the Federal or federally assisted construction contract and ending with the last
day of work) .
The hours of minority employment and training must be substantially uniform throughout
the length of the contract in each trade and minorities must be employed evenly on each
of the contractor's projects. Therefore, the transfer of minority employees or trainees
r
1/ "Minority" is defined as including Blacks, Spanish Surnamed Americans,
Orientals and American Indians, and includes both minority men and minority
i women.
2/ In the event that any work which is subject to these Bid Conditions is per-
formed in o year later than the latest year for which goals of minority utilization have
been established, the goals for the last year of the Bid Conditions will be applicable
,E to such work.
i
from contractor to contractor or from project-to-project for the purpose of meeting the
contractor's goals shall be a violation of Part If of these Bid Conditions.
If the contractor counts the nonworking hours of trainees and apprentices in meeting
the contractor's goals, such trainees and apprentices must be employed by the contractor
during the training period:; the contractor must have make a commitment to employ the
trainees and apprentices at the completion of their training subject to the availability
of employment opportunities; and the trainees must be trained pursuant to training pro-
grams approved by the Bureau of Apprenticeship and Training for "Federal Purposes" or
approved as supplementing the NASSAU-SUFFOLK Plan,
2. Specific Affirmative Action Steps. No contractor shall be -found to be in
• noncompliance with Executive Order 11246, as amended, solely on account of its failure
to meet its goals, but shall be given an opportunity to demonstrate that the contractor
has instituted all the specific affirmative action steps specified in this Part 11 and has
made every good faith effort to make these steps work toward the attainment of its goals
within the timetables, all to the purpose of expanding minority utilization in its ag-
gregate -work
g-gregate -work force in the NASSAU-SUFFOLK Plan area. A contractor subject to Part I
whish fails to comply with its obligations under the Equal Opportunity clause of its
contract (including failure to meet its fair share obligation if provided in the NASSAU- ti)
SUFFOLK Plan) or subject to Part II which fails to achieve its commitments to the goals
for minority utilization has the burden of proving that it has engaged in a affirmative
h action program directed at increasing minority utilization and that such efforts were at
least as extensive and as specific as the following:
Ce The contractor should have notified- minority anemploy—
ment
organizations when em to 9 P Y
ment opportunities were available and should have maintained records of the
organizations' response.
bo The contractor should have maintained a file of the names and addresses
of each minority referred to it by any individual or organization and what action was
taken with respect to each such referred individual, and if the individual was not employed
by the contractor the reasons therefor. If such individual was sent to the union hiring
hall for referral and not referred back by the union or if referred, not employed by the
contrcctor, the file should have documented this and the reasons therefor.
C* The contractor should have promptly notified the contracting. or admin- F
istering agency and the Office of Federal Contract Compliance Programs when the union
or unions with which the contractor has collective bargaining agreements did not refer to
the contractor a minority sent by the contractor.or when the contractor had other infor-
mation that the union referral process has impeded efforts to meet its goals.
a
-- r
r
d. The contractor should have disseminated its EEO policy within its organization
by including it in any employee handbook or policy manual; by publicizing it in com-
pony newspapers and annual reports, and .by advertising such policy at reasonable intervals
in union publications. The EEO policy should be further disseminated by conducting
staff meetings to explain and discuss the policy; by posting of the policy; and by review of
the policy with minority employees.
e. The contractor should hove disseminated its EEO policy externally by informing
and discussing it with all recruitment sources; by advertising in news media, specifi-
cally including minority news media and by notifying and discussing it with all subcon-
tractors.
f. The contractor should- have made both specific and reasonably recurrent written
and oral recruitment efforts. Such efforts should hove been directed at minority orcon-
izations, schools with substantial minority enrollment, and minority recruitment and training
organizations within the contractor's recruitment area.
g. The contractor should have evidence available for inspection that all tests and
other selection techniques used to select from among candiates for him, transfer, promo-
Han, training or retention are being used in a manner ,hot does not violate the OFCCP
Testing Guidelines in 41 CFR Part 60-3.
h. The contractor where reasonable should have developed on-the-job -training
opportunities and participated and assisted in all Department of Labor funded and/or
approved training programs relevant to the contractor's employee needs consistent with
its obligations under this Part if.
i. The contractor should have made sure that seniority practices and job class-
Mcations do not hove o discriminatory effect.
j. The contractor should have made tertian that all facilities were not segregated
by race.
k. The contractor should have continually,monitored all personnel activities to
ensure that its EEO policy was being carried out including the evaluation of minority
employees for promotional opportunities on quarterly basis and the encouragement of
such employees to seek those opportunities.
1 . The contractor should have solicited bids for subcontractors from available
minority subcontracts engaged in the trades covered by these Bid Conditions, including
circulation of minority contractor associations.
NOTE The Assistant Regional Administrator of the Office of Federal Contract
Comp fro a Programs and the compliance agency ;staff will provide technical assistance
on questions pertaining to minority recruitment sources, minority community organizations
and minority news media upon receipt of a request for assistance from a contractor.
1
3, Subsequent Signatory to the NASSAU-SUFFOLK Plan. Contractor that are
subject to the requirements of Part II at the time of the submission of their bids which,
together with labor organizations with which they have collective bargaining agreements,
subsequently become signatory to the NASSAU-SUFFOLK Plan, either individually or
through an association, will be deemed bound to their commitments to the NASSAU-
SUFFOLK Plan from that time until and unless they once again became subject to the
requirements of Part 11 pursuant to Section A. 1-6.
4. Non-discrimination. In no event may a contractor utilize the goals and
affirmative action steps required by this Part If in such a manner as to cause or result
in discrimination against any person on account of race, color, religion, sex or national
origin.
Part I11 Comoiiarnce and Enforcement. In oil cases, the compliance of a
contractor will be determined in accordance with its abligatiens under the terms of
these Bid Conditions. Therefore, contractors who are governed by the provisions of
either Part I or Part II shall be subject to the requirements of that Part regardless of the
obligations of its prime contractor or lower tier subcontractors.
All contractors performing or to perform work on projects subject to these Bid Con-
ditions hereby agree to inform their subcontractors in writing of their respective obliga-
tions under the terms and requirements of these Bid Conditions, including the provisions --�
li relating to goals of minority employment and training, '
A. Contractors Subject to Part 1.
1 . A contractor covered by Port I of these Bid Conditions shall be in compliance
with Executive Order 11246, as amended, the "implementing regulations and its obligations
under Part 1, provided the contractor together with the labor organization or organizations
with which it has a collective bargaining agreement meet the goals For minority utiliza-
tion to which they committed themselves solely responsible for any final determination of
that question and the consequences thereof.
3. Where OFCCP finds that a contractor has failed to comply with the requirements
of the NASSAU-SUFFOLK Plan and its obligations under Part l of these Bid Conditions, it
shall take such action and/or impose such sanctions as may be appropriate under the
Executive Order and its regulations. When the OFCCP proceeds with such formai action
it has the burden of proving that the contractor has not met requirements of these Bid
Conditions. The failure of the contractor to comply with its obligations under the Equal
Opportunity clause shall shift to it the requirement to come forward with evidence to
show that it has met the good faith requirements of these Bid Conditions Tby instituting at
least the specific :affirmative action steps listed in Part II, ,Section 2. he contractor
must also provide evidence of its steps toward the attainment of its trade's goals within
the timetables set forth in the NASSAU-SUFFOLK Plan. The pendency of such formal
proceedings shall be taken i nto consideration by Federal agencies in determining
whether such contractor can comply with the requirements of Executive Order 11246,
as amended, as is therefore a "responsible prospective contractor" within the meaning
of basic principles of Fede al procurement law.
B. Contractors Subject to Part II In regard to Part II of these Bid Conditions,
if the contractor meets the goo s in the NASSAU-SUFFOLK Plan, or can demonstrate
that every good faith effort has been make to meet the goal. In that event, no formal
sanctions or proceedings leading toward sanctions shall be instituted unless the Office
of Federal Contract Compliance Programs determines that the contractor has violated c
substantial requirement in the NASSAU-SUFFOLK Plan or Executive Order 11246,
as amended, and its implementing regulations, including the failure of such contractor to
make a good Faith effort to meet its Fair share obligation if provided in the NASSAU-
SUFFOLK Plan or has engaged in unlawful discrimination. Such violations shall be
• deemed to be noncompliance with the Equal Opportunity clause of the contract, and
shall be grounds for opposition of the scantions and penalties for in .Executive Order
11246, as amended.
2. The OFCCP shall review Part I contractors' employment practices during the
performance of the contract. Further, OFCCP shall be solely responsible for any
final determination that the NASSAU-SUFFOLK Planis no longer an acceptable af-
firmative action program and the consequences thereof. The OFCCP may, upon re-
view and notice to the contractor and any affected labor organization, determine
that the NASSAU-SUFFOLK Plan no longer represents effective affirmative action..
In that event it shall be set forth therein or can demonstrate that it has made every
good faith effort to meet these goals, the contractor shall be presumed to be in com-
pliance with Executive Order 11246, as amended, the implementing regulations and its
obligations under Part 11 of these Bid Conditions. In that event, no Formal sanctions
or proceedings leading toward sanctions shall be instituted unless the contracting or
administering agency otherwise determines that the contractor is violating the Equal
Opportunity clause.
Where the agency finds that the contractor failed to comply %vith the require-
ments of Executive Order 11246, as amended, the implementing regulations and the obligations
under Part 11 of these Bid Conditions, the agency shall take such action and impose such
sanctions, which include suspension, termination, cancellation, and debarment, as may be
appropriate under the Executive Order and its regulations. When the agency proceeds with
such formal action it has the burden of proving that the contractor has not met the goals
contained in Part 11 of these Bid Conditions. The contractor's failure to meet its goals shall
shift to it the requirement to come forward with evidence to show that it has met the good
faith requirements of these Bid Conditions by instituting at least the specific affirmative
action steps listed in Part 11, Section 2. The pendency of such proceeding shall be taken
into consideration by Federal agencies in determining whether such contractor can comply
with the requirements of Executive Order 11246, as amended, and is therefore a "Respon-
sible prospective contractor" within the meaning of the basic principles of Federal
procurement law.
C. Obligations Aaolicabie to Contractors Subject to Either Part I or Part 11.
it shall be no excuse that the union with which the contractor has a collective bor-
gaining agreement providing for exclusive referral failed to refer minority employees.
Discrimination in referral for employment, even if pursuant to provisions of a collective
bargaining agreement,is prohibited by the Notional Labor Relations Act, as amended,
a_nd Title V11 of the Civil Rights Act of 1964, as amended It is the policy of the
Office of Federal Contract Compliance Programs that contractors have a responsibility
to provide equal employment opportunity if they wish to participate in federally in-
volved contracts. To the extent they have delegated the responsibility for some of
their employment practices to a labor organization and, as a result, are prevented from
meeting their obligations pursuant to Executive Order 11246, as amended, such contractors
cannot be considered to be in compliance with Executive Order 11246, as amended, its
implementing rules and regulations.
Part iV: General Requirements. Contractors are responsible for informing
their subcontractors in writing, regar ess of tier, as to their respective obligations under
Parts I and Ii hereof, as applicable. Whenever a contractor subcontracts a portion of
work in any trade covered by these Bid Conditions, it shall include these Bid Conditions
in such subcontracts and each subcontractor shall be bound by these Bid Conditions to the
full extent as if it were the prime contractor. The contractor shall not, however, be
held accountable for the failure of its subcontractors to fulfill their obligations under ti
{i these Bid Conditions. However, the prime contractor shall give notice to the Assistant
i Regional Administrator of the Office of Federal Contract_Compliance Programs of the
Department of Labor and to the contracting or administering agency of any refusal or
failure of any subcontractor to fulfill its obligations under these Bid Conditions. A
subcontractor's failure to comply will be treated in the some manner as such failure by
e .
a prime contractor.
2. Contractors hereby agree to refrain from entering into any contract or con-
tract modification subject to Executive Order 11246, as amended, with a contractor
debarred from, or who is determined not to be a "responsible" bidder for Government
i contracts and federally-assisted construction contracts pursuant to the Executive Order.
3. The contractor shall carry out such sanctions and penalties for violation of
these Bid Conditions and the Equal Opportunity clause including suspension, termination
and cancellation of existing subcontracts and department from future contracts as may be
imposed or ordered pursuant of Executive Order 11246, as amended, and its implementing
regulations by the contracting or administering agency and the Office of Federal Contract
Compliance Programs. Any contractor who fails to carry out such sanctions and penalites
shall also be deemed to be in noncomplicane with these Bid Conditions and Executive
Order 11246, as amended.
4. Nothing-herein is intended to relieve any contractor during the term of its
contract from compliance with Executive Order 11246, as amended, and the Equal
Opportunity clause of its contract with respect to matters not covered in the NASSAU-
SUFFOLK Plan or in Part 11 of these Bid Conditions.
A�
The procedures set forth in these Bid Conditions shall not apply to any
contract which the head of the contracting or administering agency determines is
essential to the national security and its award without following such procedures
is necessary to the national security. Upon making such a determination, the
agency head will notify, in writing, the Director of the Office of Federal Contract
Compliance Programs within thirty days.
6. Requests for exemptions from these Bid Conditions must be made , in writing,
with justification, to the Director, Office. of Federal Contract Compliance Programs, U.S.
Department of Labor, Washington, D.C. 20210, and shall be forwarded through and
with the endorsement of the head of the contracting-or administering agency.
7. Contractors must keep such records and file such reports relating to the
provisions of these Bid Conditions as shall be required by the contracting or admin-
istering agency or the Office of Federal Contract Compliance Programs°
cam' i
ti �
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
JOSEPH T. SANSEVERINO GEORGE GATTA, JR.
COMMUNITY DEVELOPMENT DIRECTOR DEPUTY COUNTY EXECUTIVE
OFFICE OF COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT a PLANNING
MEMORANDUM
TO : All Consortium Members
FROM: Gay D. N. Mitchell
DATE : May 21 , 1993 �r
RE : Federal Wage Rates
Enclosed please find a copy of Federal Wage Rates
#NY930013 Modification #6 issued on May 7 , 1993 .
This Wage Rate Schedule should be used for Community
Development projects in excess of $2 , 000 . It should be inserted
in both bid documents and contracts . Any previous Wage Rate
Schedules are now obsolete, and should be discarded .
If you should have any questions on the above , please do
not hesitate to contact me at 854-3737 .
GDNM/az
62 ECKERNKAMP DRIVE 1816) 979-13300
COMMUNITY DEVELOPMENT ■ SMITHTOWN.N.Y. 11787 ■ FAX NO.(816) 979-7126
General Decision Number NY930013
Superseded General Decision No. NY91001.3
State New York
' Construction Type:
Building
Heavy
Highway
Residential
County( es) s
NASSAU SUFFOLK
BUILDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION
PROJECTS (including single family homes and apartments up
to-and including 4 stories) , HEAVY CONSTRUCTION PROJECTS
(except water well drilling) , HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 02/19/1993
1 02/26/1993
2 03/12/1993
3 03/19/1993
4 04/02/1993
5 04/16/1993
6 05/07/1993
G r,
1
Jj
NY930013 -: l
-
°�
COUNTY(ies) ;
NASSAU SUFFOLK
* ASBE0012A 01/01/1993
Rates Fringes
eSBESTOS/INSULATOR WORKERS:
SCOPE OF WORK: includes application of
all insulating materials, protective
coverings, coatings and finishing to
all types of mechanical systems. 27 . 72 11. 2,0
HAZARDOUS MATERIAL HANDLER:
SCOPE OF WORK: duties limited to:
preparation, wetting, stripping,
removal, scrapping, vacumming,
baggingand disposing of all
insulation materials, whether
' they contain asbestos or not,
from mechanical systems. 21. 66 4 .70
----------------------------------------------------------------
BOIL0005A 09/01/1992
Rates Fringes
BOILERMAKER $29 . 65 2. 90+47%+a
FOOTNOTE:
a. PAID HOLIDAYS : New Years Day, Thanksgiving Day, Memorial
Day, Independence Day, Labor Day and Good Friday, Friday after
Thanksgiving, Christmas Eve Day and New Years Eve
--------------------------------------------------------- --------
BRNY0001B 05/01/1991
Rates Fringes
STONE MASONS 18 . 00 3 .75
TERRAZZO & MOSAIC WORKERS 23 . 66 4 . 38
TERRAZZO & ;MOSAIC.. FINISHERS. 15 .48 2 .71
TILE SETTERS 24 . 605 5. 18
TILE FINISHERS 18 . 36 3 .47'
---------------------------------------------------------------
BRNY0030A 05/01/1991
Rates Fringes
MARBLE SETTERS:
Cutters & Setters 13 . 90 4 . 19+a
Carvers 14 . 48 4 . 19+a
;t Polishers 14 . 89 2 . 90+a
Crane operators; Derrickmen 12 . 91 4 . 34+a
i� NY930013 - 2
L
FOOTNOTE:
i
i
a. One half day's pay for Labor Day.
------------------------------------------------ ----------------
CARP0740A 07/01/1992
Rates Fringes
MILLWRIGHTS 23 .79 18. 07
CARP0890F 07/01/1992
Rates Fringes
CARPENTERS:
Nassau County (except that part South
of the Southern State Parkway West of
Seaford Creek, also smithtown Islip
line on the East, Long Island Sound
on the North and Middle Island RR
track on the South:
Carpenters; Acoustical ; Drywall
Installers:
Building,, Residential (under 2
stories) , Heavy & Highway 27 . 85 11. 45
-------------- - ------------------------- ---------
i
CARP0890G 07/01/1992
Rates Fringes
CARPENTERS:
Nassau County (Remainder of
County) 26 . 66 13 . 50
----------------------------------------------------------------
CARP0890H 07/01/1992
Rates Fringes
CARPENTERS:
Suffolk County:
Building and Residential- 26 .84 12 . 40
Heavy & Highway 26. 89 12 . 40
-------------------------------------------------------------
CARP1456J 07/01/1992
Rates Fringes
DIVERS 32 . 05 13 . 50
DIVERS TENDERS 24 . 51 13 . 50
DOCKBUILDERS 26 . 66 .13 . 50
PILEDRIVERMAN 26 . 66 13 . 50
SOFT FLOOR LAYERS 26 . 66 13 . 50
PAPERHANGERS ---23_88----------10_48-----
------------------------------------
ELECO025B 05/01/1992
Rates Fringes
ELECTRICIANS 29 .35 14 . 89
{
NY930013 3
LINE CONSTRUCTION:
Lineman, Technician,
Heavy Equipment operator,
Truck Driver & Groundman
---------------------------------------
29 . 35 14 .89
-------------------------
* ELECO025C 05/01/1992
ELECTRICIANS: Rates Fringes
Wiring. or single or multiple family
dwellings and apartments up to and
including 2 stories
Maintenance Unit 19 . 60 8. 37
Telephone Unit 22 . 25 9. 55
--------------------------------------- 10. 09
21. 42
ELEV0001B 07/01/1992
ELEVATOR CONSTRUCTORS Rates Fringes
HELPER 27 . 77 8 . 77+a
PROB. HELPER 20. 830 8 . 77+a
FOOTNOTES : 13 . 885
PAID HOLIDAYS:
a. New Year's Day, Independence Day, Lincoln's Birthday,
Washington's Birthday, Memorial Day, Labor Day, Columbus Day,
Armistice Day, Thanksgiving Day, Friday after Thanksgiving, and
Christmas Day. Employees will not be granted time off from work
on Election Day for voting purposes except as otherwise
Provided
by law. Employer contributes 8% of basic hourly rate for 5oyears
or more of service and 6% of the basic hourly rate for employees
with-6- _ - _ - -
monthsto5yearsofservice__
ENGIO138A 06/01/1992
BUILDING CONSTRUCTION Rates Fringes
GROUP 1
GROPP 2 21 . 47 16. 04+a
GROUP 3 21 . 885 16. 04+a
GROUP 4 22 . 01 16. 04+a
GROUP 5 22 . 035 16. 04+a
GROUP 6 22 . 13 16. 04+a
GROUP 7 22 . 26 16. 04+a
GROUP 8 22 . 385 16. 04+a
GROUP 9 22 . 55 16. 04+a
GROUP 10 22 . 635 16 . 04+a
GROUP 11 23 . 01 16. 04+a
GROUP 12 23 . 06 16 . 04+a
GROUP 13 23 . 135 16. 04+a
GROUP 14 23 . 16 16 . 04+a
GROUP 15 23 . 33 16 . 04+a
23 . 385 16 . 04+a
NY930013 - 4
GROUP 16 23 . 535 16.04+a
GROUP 17 23 .55 16.04+a
GROUP 18 23 . 56 16. 04+a
GROUP 19 23 .585 16.04+a
GROUP 20 23 . 61 16.04+a
GROUP 21 23 .71 16.04+a
GROUP 22 23 . 735 16. 04+a
GROUP 23 23 . 76 16.04+a
GROUP 24 23 . 81 16.04+a
GROUP 25 23 . 835 16.04+a
GROUP 26 23 . 86 16.04+a
GROUP 27 23 . 935 16.04+a
GROUP 28 23 .96 16.04+a
GROUP 29 24 . 01 16. 04+a
GROUP 30 24 . 09 16.04+a
GROUP 31 24 . 39 16.04+a
GROUP 32 24 . 81 16. 04+a
GROUP 33 25. 035 16. 04+a
GROUP 34 26. 43 16.04+a
NOTES:
Ha.zmat premiums: Level A 1. 00
Level B 2 .00
Level C 3 . 00
FOOTNOTE:
a. Paid Holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Christmas Day, Lincoln's
Birthday, Washington"s Birthday, Columbus Day, Election Day,
and Veterans Day.
BUILDING CONSTRUCTION CLASSIFICATIONS
GROUP 1 Fireman
GROUP 2 Tower crane, oiler
GROUP 3 Mechanical compactors, hand operated; trench machine
GROUP 4 Oiler, stemp chipper
GROUP 5 Engineer
GROUP 6 Powerbuggies
GROUP 7 Bending machine, dinky locomotive, generator, small
pump, well point, vibrator, 1 to 5
GROUP 8 Hydra h.anne:r, ridge cutter
GROUP 9 Concrete saw or cutter, ' mixer, 2 small with or without
skip, pump, up to 311 , tractor, caterpillar or wheel
GROUP 10 Bulldozer, used for excavation, fireman, loading
machine., powerbroom, scoop, carry all , scraper,
vac-all
GROUP 11 Striping machine
GROUP 12 Compressor, compresor, 2 or more in battery,
_
generator, mulch., machine, pin puller, portable
heaters, pump, 4 inchesor over, track tamper,
welding machine
GROUP 13 Grader
NY930013 -, 5
a
GROUP 14 Curb machine, asphalt or concrete; curing machine,
Pump, sumbersible, tower crane, maintenance man
GROUP 15 Roller, boiler, bulldozer, Compressor, on crane,
compressor, pile work, Compressor, stonesetting,
concrete breaker, conveyor, generator, pile
work, loading machine, front end, maintenance engineer
mechanical compactors, machine drawn, power winch
other than stone or steel, power winch, truck mounted,
not stone/steel, powerhouse, pulvi-mixer, Pump, double
action diaphragm, pump, gypsum, pump, hydraulic,
hydraulic, pump, jet; pump, single actio
pump
welding and on 1 to 3,
GROUP 16 Compressor, structuralwelding
steeg machine, pile work
GROUP 17 Forklift, walk behind, power operated
GROUP 18 Asphalt spreader
GROUP 19 Boom truck, Conveyor, multi, Crane, crawler or truck,
plant engineer, Stone spreader, self propelled
GROUP 20 Welding machine, structural steel
GROUP 21 Dredge
GROUP 22 Batching plant, on site of job, Power winch
stone or steel, Power winch, truck mounted, stone or
steel, Pump, concrete
GROUP 23 Forklift, Hoist, 1 drum, Interior hoist, Zamboni ice
machine
-GROUP 24 Hoist, 2 drum, Hoist, 3 drum
GROUP 25 Backhoe, Dragline, Gradall, Pile driver, Shovel
GROUP 26 Tank work
GROUP 27 CMI or maxim spreader, concrete spreader, Derrick,
Sideboom tractor, Trench machine
GROUP 28 Boom truck, setting structural steel/stone, Crane,
stone setting
GROUP 29 Scoop, carry all , scraper in tandem
GROUP 30 Sideboom tractor, used in tank work
GROUP 31 Tower crane, engineer
GROUP 32 Hoist, Tandem platform
GROUP 33 Lead engineer
GROUP 34 Hoist, multiple platform
ENGIO138B 06/01/1992
POWER EQUIPMENT OPERATORS Rates Fringes..
HEAVY AND HIGHWAY CONSTRUCTION
GROUP 1
GROUP 2 26. 110 16. 04 + a
GROUP 3 24 . 635 16. 04 + a
GROUP 4 24 . 380 16. 04 + a
GROUP 5 24 . 235 16 . 04 + a
GROUP 6 24 . 225 16. 04 + a
GROUP 7 24 . 010 16 . 04 + a'
GROUP 8 23 - 985 16. 04 + a
GROUP 9 23 . 950 16. 04 + a
23 . 895 16. 04 + a
NY930013 - 6
I
GROUP 10 23 . 845 16. 04 + a
GROUP 11 23 .835 16. 04 + a
GROUP 12 23 .735 16. 04' + a
GROUP 13 23 . 550 16. 04 + a
GROUP 14 23 .510 16 .04 + a
GROUP 15 23 . 470 16. 04 + a
GROUP 16 23 .430 16 .04 + a
GROUP 17 23 . 415 16. 04 + a
GROUP 18 23 . 375 16. 04 + a
GROUP 19 23 . 200 16. 04 + a
.GROUP 20 23 . 120 16. 04 + a
GROUP 21 22 . 825 16. 04 + a
GROUP 22 22 . 255 16. 04 + a
GROUP 23 22 . 110 16.04 + a
GROUP 24 22 . 050 16. 04 + a
GROUP 25 21.905 16. 04 + a
GROUP 26 21. 815 16. 04 + a
GROUP 27 21 . 800 16. 04 + . a
GROUP 28 21. 795 16. 04 + a
GROUP 29 21.760 16. 04 + a
GROUP 30 21. 585 16.04 + a
NOTES:
Ha.zmat premiums:
Level A 1 . 00
Level B 2 . 00
Level C 3 . 00
Truck and Crawler Cranes lone boomlpremiums:
boom lengths (including jib), 100-149 ft . 50
boom lenghts (including, jib), 150-249 ft .75
boom lenghts (including jib), 250-349 ft 1. 00
boom lengths (including jib)I 350 ft -" 1. 50
Cranes using clamshell buckets .25
Front end loader 10 yds and above . 25
FOOTNOTE:
a. Paid Holidays: New Years Day, Memorial Day, Independence Day
Labor Day, Thanksgiving Day, Christmas Day, Lincoln' s Birthday
Washington's Birthday, Columbus Day, Election Day and Veterans's
Day.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1 Lead Engineer
GROUP 2 Tower Crane, Engineer;. Scoop (carry-all , scraper in
tandem)
GROUP 3 Dragline ; Gradall ; shovel ; Road Paver; Pile Driver;
Crane, stone setting; Backhoe; Crane, structural steel
GROUP 4 Tank Work; Derrick; Sideboom Tractor (used in tank
work) ; Crane, on barge; Batching Plant (on site)
GROUP 5 Power Winch (stone setting/structural steel) ; Trench
Machine; Hoist (3 drum) ; Power Winch (truck mounted -
stone or steel)
GROUP 6 OMI or Maximum Spreader; Sideboom Tractor; Stone
NY930013 - '7
Spreader (self propelled) ; Asphalt Spreader; Conveyor
(multi) ; Crane, Crawler or Truck; Concrete Spreader;
Boring Machine (other than post holes) ; Boom Truck;
Plant Engineer
GROUP 7 Loading machine (w/bucket more than 10 yards)
GROUP 8 Boring Machine (post holes)
GROUP 9, Welding Machine (structural steel) ; Compressor (stone
setting) ; Compressor (structural steel)
GROUP 10 Dredge
GROUP 11 Work Boat
GROUP 12 Generator (pile work) ; Hooist (2 drum)
(front end) ; Comrpessor % Loading Machine
Winch (truck mount _ (pile work) ; Powerhouse; Power
o; Weldin
(pile work) ; Power Winch e(other than r than estone/stteel)Machine
compressor (on crane)
GROUP 13 Mechanical Compactors (machine drawn) ; Roller (5 ton and
over)
GROUP 14 Boiler
GROUP 15 Pump (concrete)
GROUP 16 Compressor (2 or more in battery)
' GROUP 17 Grader; Millin Machine lar e
GROUP 18 Portable Heaters ( g) Milling Machine (small)
GROUP 19 Hoist (1 drum) ; Pump (well point) ; Vac-All; Maintenance
Engineer; conveyor; Welding and Bruning; Pump (4 inches
or over) ; Loading Machine; pump (hydraulic) ; Pulvi-
Mixer; Pump (jet) ; fork Lift; tower Crane, Maintenance
Man; Scoop (carry-all scraper) ; Concrete Finishing
Machine; Pump (submersibile) ; Curing Machine; Curb
Machine, Asphalt or Concrete; roller (5 ton and under) ;
Dinky Locomotive; Fireman; Bulldozer
GROUP 20 Powerboom
GROUP 21 Pump (single action 1 to 3)
diaphragm) ; Mulch Machine• pumP (gysum) Welding
ump (double action
Machine; Pin Puller; Striping Machine; Compressor
GROUP 22 Powerboom
GROUP 23 Power Grinders, gCutter; Mixer (with skip) ; Hydra
Hammer; Fork Lift (walkower operated)
Concrete Saw or Cutter; Concrete pBreaker; Mixer; (2 bag
or over with or without skip) ; Power Buggies; Mixer 2
small with or without skip)
GROUP 24 Oiler, on truck crane w/over 100 ft boom
GROUP 25 Vibrator, 1 to 5
GROUP 26 In-Shop Rate, mechanic
GROUP 27 Grinder; Oiler; Deck Hand; Root Cutter; Stump Chipper;
Track Tamper (2 engineers - each) ; Tower Crane,
GROUP 28 Generator (small) Oiler
GROUP 29 Mechanical Compactors (hand operated) ; Trench Machine
(hand) ; Bending Machine; Pump (centrifugal - up to 3
inches)
GROUP-30-Tractor- -
(Caterpillar or_Wheel)
IRON0040A 07/01/1992 ----------
Rates Fringes
NY93.0013 - 8
NASSAU COUNTY
IRONWORKERS (STRUCTURAL) 24 . 00 25.78
----------------------------------------------------------------
IRON0046C 07/01/1992
Rates . Fringes
IRONWORKERS (METALLIC LATHERS) 32 . 42 7 . 59
----------------------------------------------------------------
IRON0197A 01/01/1993
Rates Fringes
IRONWORKERS (STONE DERRICKMAN) 27 . 33 18 . 18
----------------------------------------------------------------
IRON0361A 07/01/1992
Rates Fringes
SUFFOLK COUNTY
IRONWORKERS (STRUCTURAL) 24 . 00 25.78
- ----------------------------------------------------------------
IRON0580A 07/01/1992
Rates Fringes
IRONWORKERS (ORNAMENTAL) 24 . 60 19 . 55
----------------------------------------------------------------
* LAB00066A 01/01/1993
Rates Fringes
LABORERS:
BUILDING
Laborers 21. 40 9 . 83
Plasterers tenders 20 . 50 6. 10
' ----------------------------------------------------------------
LABO1298P 07/01/1992
Rates Fringes
HEAVY & HIGHWAY:
Concrete & asphalt rakers
._.. Asphalt workers & roller workers ;
asphalt top shovelers & smoothers ;
asphalt tampers 20.72 260+4 . 35+a
Jackhammers and drill men;
carpenter's tenders; pipe
joiners and setters ; concrete
laborers (structures) ; stone
spereading laborers ; yard laborers
puddlers on concrete pavement;
asphalt plant (batcher & hoppermen) ;
all other wnskilled laborers (other
than above on concrete) 18 . 73 260+4 . 35+a
FOOTNOTE:
NY93001.3 - 9
4 t
a. New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, Martin Luther King, Jr.
Birthday, Washington"s Birthday, Columbus Day, Veterans Day,
and Day after Thanksgiving Day. (If employee works the Holiday
it is double time. If employee does not work the Holiday, the
employee receives 2 hours additional pay for each day he works
in the holiday week) .
----------------------------------------------------------------
* PAIN1087A 07/01/1992
Rates Fringes
GLAZIERS:
Glaziers 25 . 00 15. 28
----------------------------------------------------------------
* PAIN1486A 05/01/1992
Rates Fringes
PAINTERS:
Painters & drywall finishers 20. 68 11. 60
Spraying, scaffold or rolling
scaffold over 18 feet 23 . 15 11. 60
Sandblasting; structural steel 28 . 26 11. 60
Repaint of hospitals, schools
and apartment houses 18 . 09 10. 59
----------------------------------------------------------------
PLAS0001X 05/01/1991
Rates Fringes
PLASTERERS 14 . 75 5 . 00
---------------------------------------------------------------- _
PLUM0200A 06/01/1992
Rates Fringes
PLUMBERS 29 . 37 11. 01
----------------------------------------------------------------
* PLUM0638A 12/30/1992
Rates Fringes
STEAMFITTERS 28 . 55 16. 79
----------------------------------------------------------------
ROOF0154A 10/01/1992
Rates Fringes
ROOFERS 21 . 89 10. 78
----------------------------------------------------------------
SFNY0638A 12/27/1989
Rates Fringes
SPRINKLER FITTERS $26 . 30 $8 . 90
-----------=----------------------------------------------------
NY930013 - 10
o
SHEE0028B 02/01/1990
Rates Fringes ;
SHEET METAL WORKERS 27 . 58 10. 288+.33
TEAM0282I 07/01/1992
Rates Fringes
TRUCK DRIVERS
BUILDING-
•
Asphalt18 .74 11. 2825+a+b
High Rise 21. 90 12 .71+a+b
HEAVY:
Euclids & turnapulls 22 . 495 12 .76+a+b
FOOTNOTES:
a. Paid Holiday Employees employed on December 24 and December
31 who report for- work on such days shall be paid afternoon
holiday pay of four hours each day. Paid Holidays shall be
included for purposes of Vacation Credit.
b. For each 15 days worked with the contract year an employee
will receive one day vacation with pay, maximum vacation of 3
weeks per year. In addition, an employee who qualifies for
two weeks (10 days) vacation or more with pay and who has
been continuously employed by his employer for six years
before the close of any contract year, shall be entitled to
one extra day vacation; seven years before the close of any
contract year, shall be entitled to two extra days vacation;
eight years before the close of any contract year, shall be
entitled to three extra day vacation; nine years before the
close of any contract year, shall be entitled to four extra
day vaction; ten years before the close of any contract year
or over shall be entitled to thred weeks paid vacation with
pay, but in no event shall any employee be entitled to more
than' three weeks vacation pay per year.
-------------------------------------------------------------
WELDERS: Receive rate. prescribed for craft performing operation
to which welding is _11Lncidental Bores.
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only
as provided in the labor standards contract clauses (29 CFR
5. 5 (a) 1 (ii) ) .
END OF' GENERAL DECISION
NY930�013 11
U.S. DEPARTMENT OF LABOR
WAGE AND HOUR DIVISION
- INSTRUCTIONS FOR COMPLETING PAYROLL FORM, WH-347
General: The use of WH-347. payroll form, is not mandatory. This form has been made available for the con. FRINGE; RENEFITS — Contractors who pay all required fringe bencu: A contractor who pays fringe benefits
- venience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision
and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regu- of the Secretary of Labor shall continue to show on the face of the payroll the bask cash hourly rate and over-
lotions. Parts 3 and S (29 CFR. Subtitle A),as las payrolls submitted In connection with contracts subject to the time rate paid to his employees just as he has always done. Such a contractor shall check paragraph i(a)of the
t Davis-Bacon and related Acts. statement on the reverse of the payroll to indicate that he is also psying to approved plans,funds,or programs
_ not less than the amount predetermined as fringe benefits for each croft. Any exceptions shall be noted in Section
This form meets needs resulting from the amendment of the Davis-Bacon Act to Include fringe benefits provisions. 4(c).
-- Under this amended law, the contractor Is required to pay not less than fringe benefits as predetermined by the
Department of Labor, in addition to payment d not less than the predetermined rates. The contractor'&obligation Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee, and
to pay fringe benefits may be met either by payment of the fringes to the various plata,funds,or programs or insert in the straight time hourly rate column of the payroll,an amount not less than the predetermined rate for
by making Nese payments to the employees as cash in lieu of fringes. each classification plus the amount of fringe benefits determined for each classification in the applicable wage de-
cision. Inasmuch as it Is not necessary to pay time and a half on cash paid In lieu of fringes, the overtime rate
This payroll provides for the contractor's showing on the face of the payroll all monies paid to the employees, shall be not Ins than the sum of the bask predetermined rate,plus the half time premium on basic or regular rate,
whether as bask rates or as cash In lieu of fringes and provides for the contractor's representation in the state- plus the required cash in lieu of fringes at the straight time rate. In addition.the contractor shall check paragraph
menl of compliance on the rear of the payroll that he is paying to others fringes required by the contract and not a(b) of the statement on the reverse of the payroll to indicate that he Is paying fringe benefits in cash directly to
.paid as cash In lieu of fringes. Detailed Instructions concerning the preparation of the payroll follow: his employees. Any exceptions shall be noted in Section I(c). '
Use of Section 46(c).Exceptions
Contrrctur or Subcontractor: Fill In your firm's name and check appropriate box.
Any contractor who is making payment to approved plans,funds,or programs In amounts tau than the wage
determination requires Is obliged to pay the deficiency directly to the employees as cash In lieu of fringes. Any
- Address: Fill In your Ram's address. _ exceptions to Section 1(a) or ♦(b), whichever the contractor may check,shall be entered In Section/(e). Enter to
the Exception column the craft,and enter in the Explanation column the hourly amount paid the employee as cash
Column I - Nome. Address, and Smial Security number of Employee: The employee's full name must be shown In lieu of fringes and the hourly amount paid to plans,funds,or programs as fringes. The contractor shall pay. _
on each weekly payroll submitted. The employee's address must also be shown on the payroll covering the first and .shall show that be Is paying to each such employee for all hours(unless otherwise provided by applicable
week In whits the employee works on the project The address need not be shorn on subsequent weekly payrolls determination) worked on Federal or Federally assisted project an amount not leu than the predetermined rate
units* his address changes. Although not required by Regulations.Peru 3 and S.space is available In the name plus cash In lieu of fringes as shown In Section 41(c). The rale paid and amount of cash paid In lieu of fringe
and address stc0on so that Social Security numbers may be listed. benefits per hour should be entered In column 6 on the payroll. See paragraph on'Contractors who pay no fringe
benefits'for computation of overtime rate
Column 2 - Withholding Exemptions: This column is merely inserted for the employtr's convenience and is not
•.requirement of Regulations,Press 3 and S. Column T Gross Amount Earned: Enter grow amount earned on this profess. If part d the employeei weekly
wage was earned on projects other than the project described on this payroll,enter in column 7 first the amount
earned on the Federal or Federally assisted project and then the gross amount earned during the week on all
Column 3 - Work Classincations: List classification descriptive of work actually performed by employees. Con- projects,thus 163.00/120.00.
sult classifications and minimum wage schedule set forth in contract specifications. If additional classifications are
deemed necessary, see Contracting Officer or Agency representative Employee may be shown as having worked Column B - Deductions: Five columns are provided for showing deductions made.. If more than five deductions
-in more than one classification provided accurate breakdown of hours so worked is maintained and shown on should be involved, use first 4 columns,show the balance o/deductions under 'Other' column; show actual total -
submitted payroll by use of separate line entries. under 'Total Deductions' column, and In the attachment to the payroll describe the deductions contained in the -
' 'Other' column. All deductions must be in accordance with the provisions of the Copeland Act Regulations,29
CFR, Pan 3. If the employee worked on other jobs In addition to this project.show actual deductions from his
Column 4 . Hours Worked: On all contracts subject to the Contras Work Hours Standards Act enter as over- weekly gross saga but indicate that deductions are based on his gross wages.
time hours all hours worked in excess of 5 hours per day and 40 hours a week.
Column S-Total: Self-explanatory. Column 9-Net Wages Paid for Week: Self-explanatory.
Totals Space has been left at the bottom of the columns so that totals may be shown if the contractor so dalree.
Column 6 � Rate tat Pry, Including Fringe Benefits: In straight time boa,list actual hourly rate paid the employee
for straight time worked plus any cash In lieu of(rings paid the employee. When recording the straight time Statement Required by Repulaitons, Pane 3 and 5: While this form need not be notarlred,the statement on the
hourly rate, any cash paid in lieu of fringes may be shown separately from the bask rate. thus 13.25/.40..This back of the payroll is subject to the penalties provided by 18 USC 1001, namely,possible Imprisonment for 5
is of assistance in correctly computing overtime. See'Fringe Bents' below. In overtime box show overtime hourly years or 1110.000.00 fine or both. Accordingly,the party signing this required statement should have knowledge -
rate paid, plus any cash in lieu of fringes paid the employee. See 'Fringe Benefits' below. Payment of not less of the facts represented as true,
than time and one-half the bask or regular rate paid is required for overtime under the Conlract Work Hours
Standards Act of 1962. In addition to paying not less than the predetermined rote for the classification it which Space has been provided between items 11) and (2) of the statement for describing any deductions made. If all
the employee works, the contractor shall pay to approved plana,funds,or programs or shall pay as cash in lieu deductions made are adequately described in the 'Deductions' column above.state 'See Deductions column in this
of fringes amounts predetermined as fringe benenis in the wage decision made pan of the contract. See'FRINGE payroll' See paragraph entitled "FRINGE BENEFITS' above for Instructions concerning filling out paragraph
BENEFITS'below. - 4 of the statemenL
Form WH 347 Inst 111681
U.S.DEPARTMENI Of LABOR PAYROLL Fom APP�ord
WAGE AND HOUR DIVISION SodZd 6olro N.44.11093
(For Contractor's Optional Use,Sae Instruction,Foran WH-147 Intl.(
NAME Of CONTRACTOR OR SUBCONTRACTOR ® ADDRESS
PAYROLL NO. OR WEER ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO
11121 131 JAI DAY AND DATE doe 151 171 191 191 -
i J]1�
NAME ADDRESS.AND pF WORK S GROSS DEDUCTIONS NET
SOCIAL.SECURITY NUMBER 222 O TOTAL RATE WAGES
61AMOUNT
Of EMPLOYEE g CLAss (CATION ► HOURS Of PAY GRN® f'r'I NOLD NG OTHER TOTAL PAID -
�� O HOURS WORKED EACH DAY TAA FOR WED(
O
S
S
D
9
--
S
f
o
1s
O
S
D -
>; Lj
FOtm wH017 U/uJ•FORJAEt1Y SOL 184—PVRCHASE THIS FORM DIRECTLY FROM THE SUPT.Of DOCUMENTS
Dale In the contract have been or will be made to appropriate programs for the
benefit of such employees,except as noted In&xtiou 4(c) below.
1, ,
(Nalene of signatory Psrtr) (Tlee) (b) WHERE PRINCE BENEFITS ARE PAID IN CASH
do hereby date: ®—Each laborer or mecbaulc listed to the above referenced payroll has been
paid, as Indicated on the payroll, an amount not less than the aum of the
(I) That I pay or supervise the payment of the persona employed by applicable basic hourly wage rate plus the amount of the required fringe
benefits as listed In the contract,except as noted In Bectlon 4(c)below.
I (Contractor or subcontractor) on the (Building ore ) (c)EXCEPTIONS
that during the payroll period commencing on the
day of' 19_._,and ending the day of ,19 . EXCEPTION(CRAFT) EXPLANATION
all persons employed on said project have been paid the full weekly wages arned,that so rebates
have been or will be made either directly or Indirectly to or on behalf of said
from the tell
(Coatraclor or subcontractor)
weekly wain earned by any person and that no deductions have been made either directly or
Indirectly from the full wages earned by any person,other than permissible deductions as dsfinsd
In Regulations, Pail 3(29 CFR Subtitle A),Issued by the Secretary of Labor under the Copeland
Act, as amended(48 Sul 948,83 Stat. 108,71 Stat. 987;78 Slat 257;40 U.B.C.876e),and daa
cribed below:
REMARKS
(Z) Thal any payrolls otherwise under this contract required No be submitted for the above
period are correct and complete; that We wage rats for labours or mechanics contained thersin
are Sol las than the applicable wage rata contained In any wage determination Incorporated lab the contract;that the clas ificatioas tet forth therein for each laborer or mechanic conform with the
work he performed
(3) That any apprentices employed In the above period are duly regtalered In a bona Aden -
apprenticeship program registered with a State apprenticeship agency recogulasd by the Burma
of Apprenticeship and Training, United States Department of Labor, or tf no each ncoprhed
agency exists to a State, are registered with the Bureau of Appnotloahip and Training,Untied
Staten Department of Labor.
SIGNATURE _
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS,
(4) That:
_ OR PROGRAMS NAME AND TITLE
THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR
0— In addition to the basic hourly wage rata paid to each laborer or mechank OR SUBCONTRAC70R TO CIVIL OR CRIMINAL PROSECUTION. BEE SECTION 1001 OF Tons la AND
listed to the above referenced payroll, payments of icings benefits as listed SECTION 271 OF TITLE 11 OF THE UNITED STAT"CODE.
- encs MF-la—ilUr-1 U1-W
U. S. F)IPA111MENT OFLABOR � MONTHLY 1•MI LHil1iENP
1 r i1vt nrU AItrA ISM^.A nH 1 AI 1 1:11111 if NI l:IIAI^. nr tY ur uric I I nut1.
Ernitloymchi Slandards Admiliislrolintl,OFCCP 11171117A.1 ION f1FPO;IY MINORITY: 1OM_
.-- ----------- --- ---- --•-----•
J This report is rrttrrirrd by Eaaculive t)tll/!r ii74G-$ne. 71►T. ai tlee In ra emt este reser t t e—m W- nt-,t----
i F � n 7 FMI'i.IDVF1131T1�.Nrt
I cancelled,(erminalerf or snsleonded In wtrnle or in part am)lisp ronleactor may he dp0arott Inaligilela(nr
further Government contracts of lederally assisted consUuclion cnnlraul,.t. FEMALE: 10:
NAME AND LOCATION OF CONTIIACTOII 1 I ItC11Al.
FI INItINt:
AC NC'/
-
5• 6. WORK 1101)IIS OF EMPLOYMEN# IFrderal& Non-Fe(6rrall
-- ---------- ------- --
Ra. ---- ----- Gtr- -- ---- fie. Fire. (in. 1. B. TOTAL.
TOTAL ALL BLACK ASIAN Oil AMERICAN NUMRER OF NIIMIlFt1 OF
i CONSTRUCTION EMPLOYEES INnI of IIISPANIC PACIFIC INDIANMIN01111Y
TRADE Classlllcatlons Oft MINORITY FEMALE EMPLOYFFS EMPIOYEFS
BY TRADE Ilisitanic Otiginl 151_ANOERS ALASKAN PEIICENTAGE PETICENTAGE
NATIVE
M F M I F M I F M I F M F101
Iournry workp!
TRAINEE l I
I --- - I nPPReruroCc
I
SUBSUB,
rr
--
--- ---- -----•-- .Irnnney worker �----- - — _ -• - •- -- ----• ----- ----- --'-- --__. -.. __ ...__...__... -- •-- ----- -- --- �---- -- - - -
APPRENTICE
TRAINEE.
I I SUB-TOTAL I I I
Journry worker
APPRENTICE
TRAINEE 1
SUB-TOTAL
Jornnry worker i
APPRENTICE I
TRAINEE
SUBTOTAL
.lournry worker
APPRENTICE i
TRAINEE 1
SUB-TOTAL !
TOTAL JOURNEY WORKERS
TOTAL APPRENTICES t
TOTAL TRAINEES
-
GRAND TOTAL
11.COMPANY OFFICIAL'S SIGNATURE AND TITLE 17. TELEPIIONF NUMI)ER Ilnclude nrra Inde) 13.DATE SIGNFO PAGE
OF B
i' 0MB APPROVAL NO.44111146 1-011M CC 751 Illry 911111
INSTRUCTIONS-FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT (CC-257)
The Monthly Utilization Report is to be completed by each subject contractor (both prime and sub) and signed by a
responsible official of the company. The reports are to be filed by the 5th day of each month during the term of the
contract, and they shall include the total work-hours for each employee ciassirication in each trade in the covered area
for the monthly reporting period.'The prime contractor shall submit a report for its aggregate work force and collet:
and submit reports for each subcontractor's aggregate work force to the Federal compliance agency that has Executive
Order 11246 responsibility. (Additional copies of this form may be obtained from the U.S. Department of Labor,
Employment Standards Administration,OFCCP's regional office for your area.)
Compliance AgeneY . .US. GOMrnment agency assigned responsibility for equal employ.
ment opportunity. (Secure this information from the contracting
officer.)
Federal Funding Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . .US. Government agency funding prolecr (in whole or in part). If
more than one agency•!ist all.
Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any contraQor who has a construction contract with the uS.Gov-
ernment or a contract funned in wnohe or-in pert with Federal
funs.
Minorrty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Includes Slacks• Hispanics, American Indians. Alaskan Natives. and
Asian and Paicinc isianciers—ooth men and woman.
1. Covered Area . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . .Geographic area identified in Notice required under 4: CFR 60-4.2.
2. Employer's Identification Number . . . . . . . . . . . . . . . . . . . .Federal Sooef Security Number used on Ernoioyer's Quarterly Fed-
eral Tax Return (U.S.Treasury Oepartment Form 9411.
1 Current Goals(Minority&Femalel . . . . . . . . . . . . . . . . . . . .See conbacc Notifiation.
4. Reporting Period - - — . . . . . .Monthly. or as directed by cue compliance agency. beginning with
the effeCave date of the contract_
5. ConstruQlon Trade, . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .only thou eonsarucion crafts which contractor employs in the
covered area.
6. Wort-hours of Ernpicyment(ee) . . . . . . . . . . . . . . . . . . . . .a. The -=at numoor of male nours and the total numoer of female
hours worked by employees in each closssfication.
b.-e. The total number of mete pours and the total nuntoer, of
female hours workeo by each specified group of minorrcv employees
in eget+casssfication.
C3assifiatlon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The level of actomoieshmhent or status of the worker in the crape
(Journey Worker,Apprentice.Traireel
7. Minority Percentage . . . . : . . . . . . . . . . . . . . . . . . . . . . . . .The percentage of total minority work-hours of all work hours itne
sum of columns 6b• 6c. 6d, and 6e oivided by column 6a: lust one
figure for eecn construction traoel.
8. Female Percentage . . . . . . . . . . . . . . . . . . . . . . . . . .For each trade the number reported in 6a. F divideo by the sum of
the numoers reoorteo in oe. N ono F.
9. Total Number of Employees . . . . . . . . . . . . . . . . . . . . . . . .Total number of male and total number of female emblovees work.
ing in each classification of each trace in the contractor's aggregate
work forts curing reporting period.
10. Total Number of Minority Employee! . . . . . . . . . . . . . . . . .i otal numhper of male minority employees and total number of
female minority employees working in each classification in each
trade in the contractor's aggregate work force curing reoorting
period.
•t
6500.3
rchibit 1 =
PRECa.'r'STRUCTIM CBM=ST FCB CONTRACTORS: FMING
LOM STANDARDS CONTRACT REQUIREMENTS
1. ZYMODUCTION. The following checklist has been prepared to assist
contractors and subcontractors in meeting contractual labor standards -
responsibilities. 111 majorAdministrative and procedural activities -
have beet covered in the sequence they will occur as the construction
project proceeds. Careful attention to and use of the checklist should
resalt in a number of problems with respect to labor standards.
II. EXPZ11gATMT ROrM. The word "employer" as used below refers to the -
project contractor, each subcontractor, or each lover-tier subcontractor. -
Payrolls and other documentary evidence of cozipliance (marked with
(asterisk) are required to be sent to the recipient for review (all to
V� be submitted through the project contractor). The delivery procedure is
- t as follows: -
A. Each lover-tier subcontractor, after careful review, sub®its required
docrmtents to the respective subcontractor.
B. Each subcontractor, after chec.IT, his own and those of each lower-
tier subcontractor he may have, submits required documents to the,
contractor.
C. The contractor, after reviewing all payrolls and other documentation,
including his own, and correcting violations where necessary, submits
* all to the recipient.
111 employers should check each of the following statements as being
true. If any statement is not trus, the contractor or his representative
wo t.i.D.C.
Page 1 of 14 9/75
:r.
650 6.3
Fkbibit 1
2.
should contact -the recipient for special guidance.
• Imo. Bum cmmmmnaff jarnm EA= II'c. tcm ass
L. Rot been debaared or otherwise made ineligible to partici-
pate in azW,Federal or Ibderal27-assisted project.
8. Received &Wmapriate contract provisions covering labor,
standards requirements.
C. Reviewed and understands all labor standards contract
provisicns.
D. Deceived the wage decision as pert of the contract.
X. Requested through the recipient and received the -4-1—
wage for each classification to be womcsd on the project
which was not included on the wage decision by the additional
classification process and before allowing any such trads(s)
to work on the project.
• $. RegoesUml and receJved certification of his apprentice pro
from the State's Bureau of Apprenticeship and Training
recognized. 'by USW)
and submitted copy thereof to the recipient prior to employ-
ment en the 7�ro ect. Likewise, '"trainee" program oertifi-
cation from ll3. . B. A. T. if applicable, must be submitted.
s�asa
9/75 Page 2 of 14
6500.3
. 3a
I9. AT CONb-ZHOCTIOA START THE CONTRACTOE 7-q: -
e A. Notified recipient of construction start date i= writing. _
B. Ban placed each of the following on a bulletin board prominently -
located on the project site which can be seen easily by the
workers (and replaced if lost or u=xtadable any time during =
construction):
Wage Decision
Notice to Employees (WH 1321)
Safety and Health Protection on the Job (DOI)
C. Before assigning each project woiker to work, has obtained
worker's name, beat mailing address, and Social Security
Ntmaber (for payroll purposes).
+► D. Has obtained a copy of each app-entice's certificate with the
( 2121
apprentice's registration nuaber and his year of appreatice-
ship from the State BAT.
E. Has informed each worker of:
1. his work classification (jontsayman or job title) as it
will appear on tho payroll.
MlD•tsr.DL
Page 3 of 14 9/15
650m.3
E&Abit 1
..rn�
2. his duties ofwork.
3. the U. S. Department of ]tabor's requirement on this
project that be is either a: journelian, apprentice,
or laborer -
If journeyman, he is to be paid journeyman's
minim= wage Tate or more-,
If apprentice, he is to be paid not less than
the apprentice's rate for the trade based an
his year of apprenticeship; or
If laborer„ he is to do laborer's work only-
not 1=41 an;r tool or tools of the trade - and
not perfomm any part of a journeyman's work
and is to The paid the ]laborer's minimum wage
rate or more.
:- F. Understands the requirements that each
laborer or mec�anic who performs work on the project is
more than one olameLfication within the same work week
shall be classified and pair at the highest wage rate
applicable to any, of the work which he performs unless
the following requirements are meta
1. Accurate dally time records shall be maintained. These
records must sha+o the time worked in each classifica-
tion, and the rate of pay for each classification, and
must be signed by the workman.
®®® MEN
91/75 Page 4 of 14
6500.3
'`..� bchi hit 1
• �a
2. The payroll shall show the hours worked in each
classification and the wags rate paid for each
classification.
3• The payroll shall be signed by the woria— or a
signed copy of the daily time record shall be attached
thereto.
G. Fas informed each worker of his bo'ar3y wages
(not less than the mini— wage rate for his work which is
stated in the Mage Decision).
1. time and a half for all work over 8 hours any day
or aver 40 hours any work week (see Contract work
Hours Safety Staa.da-ds Act).
1.0� 2. fringe benefits, if any (see wage Decision for any
required).
3. deductions from his pay.
H. Has informed each worker that he is subject
to being interviewed an the job by the recipient o: a HOD,
Department of Labor, or other U. S. Goverment inspector,
to confirm that his employer is complying with all labor
requirements.
• Z. Has informed each 3ourneyman and each
apprentice that a Journeyman must be on the job at all
c
times when ap apprentice is working.
v. DuRm carjm car
A. Each Employer:
1. has not silected, assigned, paid diffe_--nnt pay rates
to, transferred, upgraded, demoted, laid off, nor
..;01 HUDA64A.O.C.
Page 5 of 14 9/75
6500.3 • •
�AY
• 6.
dismissed any project worker because of race,
color, religion, eex, or rational origin.
2. has employed all registered apprentices re:erred to
him through normal channels up to the applicable
ratio of apprentices to JW4=eyman in each trade
used by the employer.
3. will maintain basic employ--Amt records accessible
to inspection by the recipient or U. S. Government
representatives.
4. is complying with all health and -safety standards.
5. bas paid all workers weekly. ---
# 6. bas submitted weekly payrolls.
a• prepared on recommended Fbxm WE-347:
Available from - --
Superintendent of Documents
=' Go"mmment Printing Office
Washington, D. C. 20402
Contractors who wish to purchase the forms stall
be urged to enter their orders proaptly because the
Superintendent of Documents takes six weeks to fill
orders. It is peraissible for contractors to
Mroducs the tomos it Ihev wish.
Sams employers place all project workers on Payroll
Posen WR-347.• The recipient does not review those
Project workers listed on the payroll who perform
wo-s which is descriptive of any of the following
job titles which are exempt from labor requirements:
lMJ"eA,D.C. `r
9/73 Page 6 of 14
6500.3
7.
Project superintendent
project engineer
supervisory foreman
(less than 20% of time as a working foreaaa)
messenger
clerical workers
timekeepers
payroll olerks
bookkeepers
Any alternate payroll fon used should be cleared
with EM before employer starts work on project.
Project printout by computer, for example, is
acceptable provided all data shown and required on
the front and back of Payroll Pon WE-347 is on, or
included with, payroll submitted to recipient.
• , b. Prost Page of Payroll (potm WE-347)
Heading (6 "blocks" of information)
1) Name of Emaloyer. Hams of employer in stated,
showing whether contractor or subcontractor.
2) Address. Street address or p. 0. Box, City,
State, and Zip Cods of Bc;loyer is stated.
3) Payroll Humber. Each weekly payroll is numbered
in sequential order (starting with Payroll No.
wlw)�
If employer's workers perform no pbysical
work an the project during work week, he has
submitted a "no work" letter for that work
week.
Page 7 of 14 9/75
6500.3
Exhibit 1
8.
Payroll of employer's final work week on
the project (completion of his worc) is
marked "Final".
4) For Week Fading. The last date of the work
week is stated in this "block".
5) Project and Location. Flame of project and
city in which located is stated.
6) Column 1 - Worker's Fame, as it appears on
his pay check, is stated.
Wo=kers's best mailing address and social
security number is stated on Payroll No. 1
or the payroll on which his name first
appears. V
= If worker changes his residential
address while working on the project,
his new address is stated on next appli-
cable payroll.
If any two or more workers have the same
name, their social security numbers are
included on the payroll to note separate
identification.
7) Column 2 - No. of Withholding Eze=tions is
for employer's convenience - not required by
MM to be completed.
8) Column 3 - The Work Classification (job
mar•►.D.C.
9/75 Page 8 of 14 �"
L6500.3
Exhibit 1
'wry
_ 9•
title) for the worker is inclined ii the
Wage Decision and denotes the work that
woraer actually performed.
Note: I the applicable classification
is not included in the Wage Decision,
contractor should call the -ecipient
immediately, and request classifica-
tion by Additional Classificatio=.
Apprentice. If worker is an zpprea.4ce,
his'State W registration nucber aid year
of apprenticeship is included in this
column the first time the apprentice's
name appears on the payroll.
Split Classification. If worker has per-
formed more than one class of vo=c during
the work week9 such as carpenter and laborer,
the division of work will be shown on
separate lines of the payroll.
Accurate dail7 time records show the
exact hours of vork perfo=ed daily in
each clans of work, and are signed by
the affected workman.
MUDa..►.D.C.
Page 9 of 14 9/75
6500.3
Exh 't 1
s�■�s
10.
Each class of workhe one
I pars d is
stated in Colusa 3• in separate "bloc's".
7
Ris name is repeated) in correspoacirg
"blocks" in Column 31.
Me breakdown of hours �ro�ed Gaily wader
each work classification is stated is
C.olurm 4, and total for week in Co1= 5-
'1%, * applicable wage rate for each classi-
fication of work is (stated is Colman 6.
The payroll is signet by the wo?4— in
the related "blocks" or a signed copy of ds
the daily time records are attached to
the payroll.
If the above is notdone, the worker is
]Pai.d at least the highest minirm+ wage
rate of all of the classes of work per-
formed for all hours worked.
Notes
illvexa t Pay of Two Classes of Work Not 6ccemted.
Ma e=loyer shall not pay)a "semi-jour_ey_an" or
Sesad-skilled laborer the average of jou=eyman's
read, laborer's rates. The actual hours each worker
rises tools of trade (journeyman) and each hour he
does not use tools of the (laborer) nest be o
MJD-e®da D.C.
9/75 Page 10 lef 141
' 6500.3
E&abit
11.
recorded in separate "blocks" in Colin 3 of
the payroll.
Eel-De=. The work classification of "helper"
is not accepted by the Deparcaent of bpi, un-
less included in the Wage Decision issued by
the Secretary of Labor for the project. Any
employee listed as "helper" in absence of
such classification in Wage Decision must be
paid the joumey=n's rate for hours he uses
tools of the trade.
9) Colua Hours Worked, Each Day and Date, for
work weer are stated.
Overtime Eou_-e ("0"), if any, are stated
separately from straight hours ("S") - over
A hours any day or over 40 hours any work
week.
10) Column 5 - Total Hours worked during the work
week are stated (the sum of subcolumns in Column
k) - straight and overtime hours recorded
separately.
11) Colin 6 - Rate of Pay, not less than the
-<r;,-+m wage rate for the work classification
(see Wage Decision) is stated.
The Overtime Rate of Pay is not less than
1-1/2 times the worker's basic (straight)
hourly rate df pay (Contract Work flours
l IUD-Womb.D.C.
�/ Page 11 of 14 9/75
6500,3
nes
12.
Safety Standards Act)e
ili,=-nt;ces. If a Dopy of the apprentice's
registration certificate from the State B:T
has not been rUbmitted tq recipient by employer
(throe contractor), apprentice zest be paid
jo%=syman's rate.
Piece Worker. Piece work must be stated is
Co1=:a 6 at an hourly rate, the groes pay for
the wiark week (work on the project) divided by,
the: total number of hours wozked on the project
durir4j1 the work week.
Collumnn°— Gross k-.ount Famed equals straight .�
hours shown in Column S times straight rate of
Mir ahown is Column 6, plus overtime hours (it
any) shown in Colum ;$ times overtime rate of
pay shown in Colu= 6.
12) Co]Lumoa 8 Deductions.- Each deduction made is
required by law,
voluntarily authorized by the worker is
writing before the wo=o week began, or
provided in a bargaining agreement to be
deducted from tYe respective worker's pay.
13) Col!OL;• Net .Wades stated 98e Column 7 minus
• total deductions shown in Column 8.
KA)- osh,o.C..
9/75 Paces 12 of 3.4
6500.3
%vihit 1
s
13,
c. Back of Payroll (
Fon �_3i�7)
1) Each Employer has:
completed all blank spaces and understands
the penalties for falsifi:ation.
checked its= 4 if fringe benefits are in-
cluded in the :age Decision for any of his
workers -
4(a) - if f_inge benefits are paid to
a,,proved, fund(s), or
4(b) - paid-directly to each affected
worker inclined in pay check for
wJ ® the,work week - his paycheck repre-
senting at least the pay of the appli-
cable minimum wage rate plus the
a=ouat of required fringe benefits.
canually signed the payroll in the "block"
marked signature, and_atated his title.
The person who signed the payroll is the
employer or an official of the employer who
tlegslly in authorized to act for the employer.
d. Weekly Payroll Review. Each employer has promptly:
reviewed the weekly payroll for compliance with
all labor requirements (using this check list)
MUDA40h.DX.
Page 13 of 14 9/75
6500.3
Exhibit 1
w.
and made necessary corrections.
Each Lower-tier Subcontractor has submitted
his weekly payroll or "no work" letter to
the respective subcontractor for the sub-
contractor to have received within 3 calendar
days from the last date of the work week.
Each Subcontractor has received a payroll or
,no work" letter from each of his lower-tier
subcontractors, reviewed each and his own
payroll, required necessary corrections, and
submitted all of such payrolls to the con-
tractor to have received within 5 calendar
-
-•T.... days from the last date of the work week.
Contractor has received a payroll of "no
work" letter from each subcontractor and
each lower-tier subcontractor, monitored
each including his own payroll, required
necessary corrections, and collectively
submitted them to the recipient within
7 work days of the last date of the
respective work week.
VI. Arm PROJECT CCMPLEPIOR
Each Employer Wills
keep all veekly payrolls an the project for 3 years after the
contractor's project completion date.
1Vp4 4A.D.C. s
9/75 Page 14 of 14
CONTRACTING OPPORTUNITIES FOR MINORITIES AND FEMALES
NAME OF PROJECT:
PROJECT NUMBER:
MUNICIPALITY:
COMPANY NAME:
ADDRESS:
TOWN, STATE, ZIP:
SIGNATURE:
TITLE: DATE:
PERIOD OF CONSTRUCTION: FROM TO:
month year month/year
Is your company minority or female owned? yes no 1`1
Is your company subcontracting any part of this contract, to a minority or
female owned business? yes L�1 no
If you answered yes to either question above, please check each box that applies
to your company:
Ma 1 e [J Fema 1 e
Black. CI Hispanic
Native American Q other specify
Amount of Contract $
Check each box that applies to your sub-contractor
male female M
black Hispanic L�
Native American other specify
Amount of Subcontract $
Contractor I.D. #
Sub-contractor I.D. #
Federal Labor Standards Provisions Us. Department of Housing
and Urban Development •
i r
Applicability
The Project or Program to which the construction work covered by this I-JO or its designee shall refer the questions,including tre views of all
contract pertains is being assisted by.the United States of America and the ::erected parties and the recommendation of HUD or its cesignee,to the
lollowing Federal labor Standards Provisions are included in this Contract Adminis7ator 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.m Minimum Wages.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee wr.nin the 30-day
ing upon the site of the work(or under the United States Housing Act of period teat additional time is necessary.(Approved by the Office of Man-
1937 or under the Housing Act of 1949 in the construction or development agemec;and Budget under OMB Control Number 1215-0140.)
of the projecq,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 cetermired pursuant to subparagraphs(1)(b)or(q of this paragraph,shall
such payroll deductions as are permitted by regulations issued by the ire 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 -act 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 (ill)Whenever the minimum wage rate prescroee in the contract for a
time of payment computed at rates not less than those contained in the sass of iaborers 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 tate benefit as
made a part hereof,regardless of any contractural relationship which may sated it the wage determination or shall pay another bona fide fringe. .
be alleged to exist between the contractor and such laborers and uenefit or an hourly cash equivalent thereof.
mechanics.Contributions made or costs reasonably anticipated for bona (m)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 parson,tite contractor may consider as part of the wages of any laborer Cr
of laborers or mechanics are considered wages paid to such laborers or rechamc the amount of any costs reasonably anticipated in providing
mechanics,subject to the provisions of 29 CFR-5.5(ax1)(iv);also,regular bona fide fringe benefits under a plan or program,Proviced.That the
contributions made or costs incurred for more than 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 —.at 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
I
during such weekly period a:count assets for the meeting of obligations under the part or program.
f Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget uncer 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 owr action or upon
Part 5.5(ax4).Laborers or mechanics performing work in more than one written request of an authorized representative of 7te De:artment of Labor
classification maybe compensated at the rate specified for each Classifica- withholc or cause to be withheld from the contractor uncectnis contract or .
tion 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 Federal;r-assisted contract subject to Davis-Bacor 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(aylXii)and axrued payments or advances as may be considereo 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 emp!oyed by the contractor or any subcontractor tie full amount of wages
accessibl@ place where it can be easily seen by the workers. requirec by the contract In the event of failure to pay any laborer or
(in(a)Any class of laborers or mechanics which is not listed in the recharc,including any apprentice,trainee or helper.employed or working
'wage determination and which is to be employed under the contract shall cri the s-e of the work(or under the United States Housirg Act of 1937 or
be classified in conformance with the wage determination.HUD shall Lnder tre Housing Act of 1949 in the construction or development of the
approve an additional classification and wage rate and fringe benefits Froject).all or part of the wages required by the contract HUD or its desig
therefore only when the following criteria have been met ree 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 %rther 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 notce to tie contractor,dis-
industty.and purse 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 roller 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 tnereto 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.
JJ of Labor,Washington,D.C.20210.The Administrator,or an authorized address.and social security number of each such worker.his or her Cor
representative,will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contnbu-
cation action within 30 days of receipt and so advise HUD or its designee _ors or costs anticipated for bona fide fringe benefits or cash equivalents
or will notiy HUD or its designee within the 30-day period that additional t*ereof of the
�! types described in Section 1(b)(2)(Bf of tris Davis-Oavis-beton Act).
time is necessary.(Approved by the Office of Management and Budget tally and weekly number of hours worked.deductions mace 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�tvr that tris wages of any laborer or mechanic tnctctde the amount of
employed in the classification or their representatives,and HUD or its ar.y costs reasonably anticipated to providing benefits ur.cer a plan or pro-
designee do not agree on the proposed classification and wage rate ,ram described in Section 1(b)(2)(8)of the Daws-Bator Act the contractor
(including the amount designated for fringe benefits,where appropriate), sna:;maintain records which show that the commrt men*to provide such
Previous Edition is Obsolete
HUD-4010(2-84)
{ _ _ (H8 1344.1) e_
..
If
9
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 writing to the ir.any craft classification sham 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 wort force under the registered program.Any
pated or the actual cost incurred in providing such benefits.Contractors worker listed on a payroll at art 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 registraton of the apprentices and trainees, work actually performed.In acdition,any apprentice performing work on
and the ratios and wage rates prescribed in the applicable program& the lob site in excess of the ratio permitted under the registered program
(approved by the Office of Management and Budget under OMB Control shall bel,paid not less man 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
(0)(a)The contractor shall submit weekly for each week in which any construction on a project in a:orality other than that in which its program is
contrast 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 d the agency is not such a party, neymarls hourly rate)specified in the contractors or subcontractor's regis
the contractor will submit the payrolls to the applicant,sponsor,or owner, tered program shall be observed.Every apprenctice must be paid at not
as the case may be,for transmission to HUD or its designee.The payrollsless tha the rate specified in the registered program for the apprentice's
submitted shall set out accurately and completely all of the irfclrmation leiel of progress,expressed as a percentage of the journeymen hourly rate
required to be maintained under 29 CFR Part 5.5(a)(3)r',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 fringeb Inefits in accordance with the provisions of the apprenticeship
for this purpose and may be purchased from the Superintendent of Docu- program).If the apprencceship program does not specify fringe benefits,
ments(Federal Stock Number 029-005-00014-1),U.S.Govemrnent 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 determina5on for the applicable classification.If the Administrator
submission of copies of payrolls by all subcontractors.(Approved by the determin',es 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 Lgency recognized by the Bureau,withdraws approval of an
Compliance,"signed by the contractor or subcontractor or his or her agent apprenti ;reship 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 n Teainem Except as provided in 29 CFR 5.16,trainees will not be
required to be maintained under 29 CFR Part 5.5(ax3X')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-
apprenfyce.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,a tlhter 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
rectly from the full wages earned,other than permissable decoctions 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 joumeyman hourly rate specified in the
applicable wage rates and fringe benefits or cash equivalents for the clan- applicable wage determination.Trainees shall be paid fringe benefits in
sic ation of work performed,as specified in the-applicable wage determina- accordance with the provisions of the trainee program.If the trainee pro-
tion incorporated into the contract gram does not mention fringe benefits,trainees shall be paid the full
(c)The weekly submission of a properly executed certfication set amount oflfringe 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 Complirahce"required by apprenticeship program associated with the corresponding journeyman
paragraph A.3.(ii)(b)of this section. wage rate on the wage determ.nation which provides for less than full
(d)The falsification of any of the above certifications may subject the frirge benefits for apprentices.Any employee listed on the payroll at a
contractor or subcontractor to civil or criminal prosecution under Section tra nee 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
rr)The contractor or subcontractor shall make the records required Iew than th,a applicable wage rate on the wage determination for the work
under paragraph A.3.(i)of this section available for inspection.copying,or actualty 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 suboon- work actually performed.In the event the Employment and Training Admin-
tractor fails to submit the required records or make them available.HUD i-stration withdraws approval of a training program,the contractor will no
or its designee may,after written notice to the contractor,,,sponsor,appli- lorger be permitted to utilize trainees at less than the applicable predeter-
cant or owner,take such action as may be necessary to cause tie 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 n Eqll al a mploym int opportunity.The utilization of apprentices,
records available maybe grounds for debarment action hunsuant to 29 trainees and journeymen under this part shall be in conformity with the
CF13 Part 5.12 equal employment opportunity requirements of Executive Order 11246,as
4.(t)Apprentices and Trainees.Apprentices,Apprentices will be per- amended,and 29 CFR Part 30.
mitted 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 S.Subcontracts.The contractor or subcontractor will insert in any sub-
and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses container in 29 CFR 5.5(x)(1)through(10)and such
Bureau,or if a person is employed in his or her first 90 days of probationary otner clauses as HUD or its designee may by appropriate instructions
employment as an apprentice in such an apprenticeship pra3ram,who is reCurre.andllalsoa clause requiring the subcontractors to include these
not individually registered in the program.but who has been certified by the causes in any lower tier subcontracts The prime contractor shall be
Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the compliance by any subcontractor or lower tier subcon-
(where appropriate)to be eligible for probationary employment as an tractor wan all the contract clauses in 29 CFR Part 5.5.
i
HUD-4010 f2.aas
7.Confracte 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 maybe grounds for termination of the contract and fo :ebar- pay for all hours worked in excess of eight hours in any calendar day or in
ment as a contractor and a subcontractor as provided in 29 CFR' '2. 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
ings and interpretations of the Davis-Bacon and Related Acts contaii ted in evert of any violation of the clause set forth in subparagraph(1)of this
ji 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
1 disputes clause of this contract Such disputes shall be resolved in actor- territory).for liquidated damages.Sich liquidated damages shall be com-
dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individL al 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 rte sum of 510 for each calendar day on
designge.the U.S.Department of Labor,or the employees or their which such individual was require.,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-
1 tractor certifies that neither itnor he or she))nor any person or firm whora1
g ph O 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 actior or upon written request of an autho-
Bacon Actor 29 CFR 5.12(ax1)or to be awarded HUD contracts or partici- rized representative of the Dspartrrent 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-Bacon Act or 29 CFR 5.12(ax1)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
1 (iii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor
f 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- fortis in subparagraph(2)of this paragraph.
vides in part"Whoever,for the purpose of. . .influencing in anyway the (4)Subcontracts.The contracor or subcontractor shall insert in any
action of such Administration. . . makes,utters or publishes any statement subcontract 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 requi^ng 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 responsibie 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.Heatth 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 whicG are unsanitary,hazardous,or danger-
under or relatingto the labor standards applicable under this Contract to
pp 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 para-. (2)The Contractor shall comp:y 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 taw 91-54,83 Stat 96).
1 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 provisiors 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 act on 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 com- shall direct as a means of enforcing such provisions.
a
t
t
)
t{
f
1,
;i
I HUD-4010(2.84)
Pub. Law 93-383 1�- August 22. 1974
ee srnr. ss •
( ) �cction 3669 of theIlcT:-Wd Statutes, as amended (31 US.C.
• 711), is amended by adding at the end thereof a new paragraph as
follows:
"(22) For payments required from time to time under contracts
entered into pursuant to section 103 of the housing and Community
Ant*, n• 6470 I3evelopnaent act of 1974 for payment of interest costs an obligations
guaranteed by the Secretary of IIousing and Urban Development
under that section."
42 USC Shoe. (g) With respect to any obligation issued by s unit of geneml•Iocal ---
• government or designated agency which such unit or t►g-ency, has
elected to issue as a taxable ob!ib-anion pursuant to subsectioae) of
this section,the interest paid on such obii�tion shall be included in
gross income for the purpose of chapter I of the Internal Revenue
6eA State ]. Code of 1US4.
26 USC 1 NONDtaCIL131traztON
t !3.
42 tMC sem. Sec 109. (a) No person in the United States shall on the ground
of race,color,national origin.or se=be excluded from partiapstion in,
be denied the benefits of,or be sub'ected to discrimination under any
program or activity funded in w9ole or is part with funds made
available under this title.
(b) Whenever the Secretarr determines that a State or unit of
general local government which is a recipient of swift_ace under this
tale has failed to comply with subsection (a) or an applicable regula-
tion,he shall notify the Governor of such State or the chief executive
officer of such unit of local government of the noncompliance and shall
request the Governor or the dri4f,executive officer to wcats compliance.
• If within a reasonable period;o# alae, Act to esceed sixty daps, the .
Governor or the dtief•executive;otriicer'fails or ref see;•;o secure
compliance,the Secretary,u�suthorized tae(1) refer theinatter to the
Attorney General. with a recoaunendstion that an appropriate•civil. .••n:, .
action be instituted; (2). exercise tht:powers and•fanctions provided.: .. .
by title VI of the Civil P..ights'Act,of 12" (48 I:aC__VM);. (3)
exercise the powers and functions provided for itf section 111{a)-'of..
this Act; or (4) take such other action-as may be provided by law.
(c) Khan a matter is'referred to the Attorney General pursuant.to
subsection (b), or whenever he has reason to belkra that a.State
government or unit of general local government is end„-ed in a pattern
or practice in violation of the provisions of tWs section.the.Attorney
General may bring a civil action in any appropriate I nited States
district court for such relief as may be appropriate, including
injunctive reliet
L"o: SUSU XIM
42 USC 4210. Sys:. 110. All laborers and mechanics employed by contractors or ,
• subcontractors in the performance of construction wort financed in
whole or in part with grants received under this title shall be paid
wagrs at rates not Ices than those prevailing on similsreaeutruction in
the locality as determimYl by the Sectrtary of IAbor in accordance
with the havis-Macon.flet, as aurcnued 60 U_&C. 2-Ma-276a-S)':
ProrQed, That this -eetion•s1aa11 apply to the rsrhabilitation of
residential prnp.rty only if sau•h property is designed for residential '
use for eight or more families Tlae Seeret.uy of I,�aoeswl have,widai -
insppeecct to such labor stamlarls,the audinrhy and f�ions set forth
in Kcor;,•anizatiort Plan \umi*red 14 of IPSb (13 F.R 33iG;6.1 Stat
5 use app. 12G7)-and sVctinn 2 of the Act of June 13,1934,as aseua;ed (48-Stat.40 USC t?66. 948;40 US.C.278(C)).
Requirements for Contractors
(See Rules and Regulations , Title 24, Part 135., Federal Register, October 23, 1973)
PURPOSE
In the administration of any HUD funded program, to the greatest extent feasible:
(i ) opportunities for training and employment arising in connection with
the planning and carrying out of any project assisted under any such
program b_e, given to lower income persons residing in the area of such
Project; and
(ii ) contracts for work to be performed in connection_ with any such project
be awarded to business concerns which are ocated in or owned in
substantial oart by persons residing in the area of such project.
REQUIREMENTS
I. Section 3 Affirmative Action Plan
A. Identification of Affirmative Action Officer, by name.
B. Identification of firm or contractor, contracting agency and
contract total dollar amount, scope of work, contract number,
project number, description of project area, etc. )
C. Employment
1 . Trainees
a. A listing by work categories of (i ) total number of
trainees to be utilite.d; (ii ) number of those alread
on permanent work force; and (iii ) number of those
to be recruited and employed from project area;
b. A detailed description of specific means to be utilized
to recruit project area residents , inc uding specific
identification of area organizations, advertising media,
sign placement, etc. ;
c. Statement explain that contractor will maintain a list
oTall project residents app Y75 and records indicating
status of action taken , with reasons for such.
2. Skilled Employees
Same as a. ,b. and c. above.
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j
D. Businesses, Subcontractors , Vendors ,ll'I etc.
1 . Listingof each category of goads and services to be utilized
on subject contract. along with estimated dollar amount value
of each; .��.
2. Listing of dollar value planned to be awarded to project area
businesses , Subcontractors , vendors , etc. ;
l
3. Detailed description of specificlmeans to be taken to publicize,
advertise, notify, etc. . area businesses , etc. , of Moortunity
to become subcontractors , etc. ; indicate specific organizations
contacted, advertisements p aced'I, etc. ;
4. Records of actions taken to implement above-described plan , and
reasons for such;
5. Insertion in bid documents/negotiation documents of contractors
affirmative actil' plan, orojectlarea description, etc.
E. Statement that all reports, records , Ietc. , relating to the
implementation o7this Section 3 Plan will be open and available for
inspection to authorized reoresentat ves of the Department of Housina
and Urban 0evelopment, the contracting agency.
F. Statement that the Rules and Regulations, Title 24, Part 135, will be
posted conspicuously in offices and places frequented by employees ,
applicants, orosoec:tive subcontractors , vendors etc.
G. Statement that the contractor and the Affirmative Action Officer will
cooperate with the Department of Housing and Urban Development in
complying with the Section 3 Regulatil,ons.
H. Statement that the contractor will submit whatever reports are
required by the Department of Housing and Urban Development.
SPECIAL VOTE
The Assistant Secretary for Equal Opportunity has been delegated the
functions of the Secretary11 of Housing and Urban Development in administerino
programs pursuant to Section 3,. The Assistant Secretary for Equal Opportunity
will issue such further re!gul aatJ ons in connection with his/her responsibilities
under Section 3 of the Houusing.and Urban DeveTcoment Act of 1968, 12 U.S .C. as
amended, 1701u. , as he/she finds ffinds aporooriate and may, as needed, amplify any
reaulations issued oursuariit to Section 3., t_hro,uah guide Ines , handbooks ,
circulars or other means.
0i) Require, in consultation with the; Administrator of the Small
BusinessAdministration, that tote greatest extent Fea—s-57e
contracts for, work to be performed in connection -with any such
project be awarded to business concerns including but not limited
to individuals or firms doing business in the field of planning,
consulting, dlesion, architecture,ll buildin construction, rehabili
tation, maintenance, or repair, wlhich are located in or owned in
substantial cart by oersooersons_r=sidJij in the area of such oro-;ect.
it
(b) In the development of these regulations the Secretary has
consulted with the Secretary of Labor and the Administrator of
the Small Business Administration and mutual agreement has been
reached with respect to the coordination or emoloyinent and trainino
efforts and contracts awards under these regulationsby the Department
of Housing and Urban Deve ooment, the Department of Labor, and the
Small Business Administration.
(c) The regulations as set forth in this part, particularly Subparts
C and 0 of this part, shall serve to define to the greatest extent
feasible" as that term is applied in section o the Housing g a
Urban Development Act of 1968.
(d) The Secretary will issue such further regulations in connection
with his responsibilities under section 3 of the Housing and Urban
Development Act of 1968, as he finds .appropriate and may, as needed ,
amplify any regulations issued pursuant to section 3, through guide-
lines , handbooks , circulars or other means.
s 135. 5 Definitions.
As used in this part --
(a) "Applicant" means any entity seeking assistance for a project
including, but not limited to mortgagors , developers , legal public
bodies, nonprofit or limited dividend sponsors , builders , or
property managers.
(b) "Business" concerns located within the section 3 covered project
area" means those individuals or firms located within the relevant
section 3 covered project area as determined pursuant to 's 135. 15,
listed on the Department' s registry of eligible business concerns ,
and which oualify as small under the small business size standards_
of the Small Business Administration.
(c) "Business concerns owned in substantial part by persons residing in
the section 3 covered project area" means those business concerns
which are 51 percent or more owned by persons residing within the
relevant section 3 covered project as determined pursuant to t 135. 15,
owned by persons considered by the Small Business Administration to be
socially or economically disadvantaged, listed on the Department's
registry of eligible business concerns , and which qualify as small
under" the small business size standards of the Small Business
Administration.
(d) "Contracting party" means any entity which contracts with a contractor
for the performance of work in connection with a section 3 covered
project.
(e) "Contractor" means any entity which performs work in connection with
a section 3 covered project.
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M "Department" means the Department ofl'Housing and Urban Development.
(g) "Lower income resident of the area" means any individual who resides
within the area of a section 3 covered oroject and whose fami y i.;come
goes not exceed a0 oercent or the median income in the Standard
Ietr000litan Statistical Area or the county if not within a 51*115A) in
which the-section .3 covered project is located.
(h) "Political jurisdiction" means a politically organized community
with a governing body having ceneral government powers .
(i ) "Recipient" means any entity who received assistance for a project
including, but not limited to, m®rtgagors , developers , local public
bodies, nonprofit or limited.
(j) "Secretary" means the Secretary of Housing and Urban Development.
(k) "Section 3" means sec'tion .3 of the Housing and Urban Development
Act of 1968, 12 U.S.C. 1701u.
( 1) "Section 3 clause" means the contract provisions set forth in
s 135.20(b).
(m) "Section 3 covered project" means any nonexempt project assisted
by any program administered by the Secretary in which loans , grants ,
subsidies , or other financial assistance are provided in aid of
housing, urban plannino, develo menti, redevelopment, or renewal , public
or community facilities ,and new community development except where
the financial assistance available under such oroaram is solely in
the form of insuranceoryuaranty . Projects, contracts and subcontracts ,
connected with programs administered; by the secretary under sections 235
and 236 of the National Housing Act, as well as any Public Housing
Program and which do not exceed 5500;,000 in estimated cost are
exemoted from the uirements of this part, as is any subcontract
of 3MOOO or under on such grojects, or contracts in excess of S1500,000.
. .(n) "Subcontractor" means any entity (other than a person who is an
employee of the contractor) which has agreed or arranged with a con-
tractor to undertake a portion of the contractor's obligation or the
performance of work in connection with a section 3 covered project.
s 135.10 Delegation to Assistant Secretary for Equal Opportunity.
Except as otherwise provided in this part', the functions of the Secretary
referred to in this part are delegated to the Assistant Secretary for
Equal Opportunity. The Assistant Secretary is further authorized to
redelecate functions and responsibilities delegated in this section to
emoloyees of the Department, provided, however, that the authority to issue
rules and regulations, under 5 135. 1 (d) may not be redelegated.
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, j
s 135. 15 Determination of the area of a section 3 covered project.
(a) The area of a section 3 covered project shall be determined as
follows:
(1 ) The boundaries of a section 3 covered project located:
(i ) Within a geographic area designated as an urban renewal
area pursuant to the provisions of title I of the Housing Act
of 1949 , 42 U.S. C. 1450; or
(ii ) Within a aeocraphic area designated as Model Cities areas
or Metropolitan Development Plan areas pursuant to the
provisions of title I of the Demonstration Cities and Metropolitan
Development Act of 1966, 42 U.S .C. T3-01 -, or
( iii ) Within a geographic area designated as an Indian reservation
(to include all territory within reservation boundaries , including
fee patented roads, waters , bridges and lands used for agency
purposes) , shall be coextensive with the boundaries of that
geographic area.
(2) The boundaries of a section 3 covered oro 'ect not located within
a geographic area designated pursuant to Title I of the Housing
Act of 1949, or Title 1 of the Demonstration Cities and Metropolitan
Development Act of 1966 shall be coextensive with the boundaries Or
the smallest political jurisdiction in which the project is located.
(3) To the extent that goals (established pursuant to Subparts B , C,
and D of this part) cannot be met within a section 3 covered project
area as determined pursuant to paragraph (a) (1 ) of this section,
the boundaries of the smallest political jurisdiction in which the
section 3 covered project is located shall be desianated as the
relevant section 3 project area. The determination to apply this
subparagraph shall be made by the Assistant Secretary for Equal
Opportunity or by the same official designated by the Assistant
Secretary for Equal Opportunity to determine the section 3
covered project area pursuant to paragraph (a) (1 ) of this section.
(b) The Department' s Regional Administrator, Area Office Director, or FHA
Insuring Office Director, as appropriate, shall determine the boundaries
of each section 3 covered project.
S 135.20 Assurance of compliance with regulations.
(a) Every contract or agreement for a grant, loan, subsidy, or other direct
financial assistance in aid of housing, urban planning, development,
redevelopment, or renewal , public or community facilities , and new
community development, entered into by the Department of Housing and
Urban Development with respect to a section 3 covered project shall
contain provisions requiring the apo scant or recipient to carry out the
provisions or section J, the reguiations set forth in. his part, ana
any app icao a ru es and orders of the Department issued thereunder
prior to approval of its application for assistance for a section 3
.covered project.
-5-
r
(b) Every aoolicant, recioient, contracting party, contractor, and
suocontractor shall incoroorate, or cause to be incoroorated , in all
contracts for work in connection with a section 3 covered project, the
followinq clause referred to as a section 3 clause) .
A. The work to be performed under this contract is on a project assisted
ender a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of section 3 of the Housing and Urban Development Act
of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to
the greatest extent feasible opportunities for training and employ-
ment be given lower income residents of the project area and contracts
for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial part by persons residing
in, the area of the. project.
B. The parties to .this contract will comply with the provisions of said
section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and Urban Oevelopment set forth in 24 CFR, and all
applicable rules and orders of the Department issued thereunder.
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tMPORTANT PLEASE READ
PURPOSE OF THE SECTION 3 PLAN
This plan exists in order to insure that to the greatest
extent feasible a good faith effort will be made to:
1 - Provide an opportunity for training and employment to
low-moderate income residents of the project area. -
2 - Provide businesses located in the project area with the
opportunity to become subcontractors and/or vendors.
In order to accomplish the above all potential contractors
must sign the Contractor's Compliance Form contained in this section.
In addition all potential contractors must complete the Contractor's
Section 3 Plan. This plan indicates what actions, if any, are proposed
for hiring project area residents and, for subcontracting with project-
area businesses. A list of organizations concerned with the employment
of project area residents is included in this Section in order to assist
you when filling out the Contractor's Section 3 Plan.
Also included in this Section is a Trainee Utilization Plan
and a Skilled Employee Utilization Plan. The successful bidder must
complete these 2 forms.
PLEASE NOTE: ' The successful bidder is the one with the lowest bid. Each -
bidder however must sign the Contrac'tor's Compliance Form and complete
the Contractor's Section 3 Plan.
Oe
a �
Project No:
v Location:
STATEMENT OF COMPLIANCE
Training,,, E.mployment, and Contracting Opportunities
for Businesses and Lower Income Persons
A. The project assisted under this (contract agreement) is subject'to
the requirements of section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u. ,Section 3 requires that
to the greatest extent feasible opportunities for training and
employment be given. lower income residents of the project area and
contracts for work in connection with the project be awarded to
business concerns which are located in or owned in. substantial part
by persons residing; in the area of'the project.
B. Notwithstanding any other provision of this (contract)(agreement) ,
. the (applicant)(recipient) shall carry out the provisions of said
section 3 and the regulations issued pursuant thereto by the
Secretary set forth in 24 CFR Part 135 (published in 38 Federal
Register 29220, October 23, 1973) ,, and all applicable rules and
order of the Secretary issued thereunder prior to the execution
of this (contract)(agreement) . The requirements of said regulations
include but are not limited to development and implementation of an
affirmative action plan for utilizing business concerns located
within or owned in substantial part by persons residing in the area
of the project: the making of a good faith effort, as defined by the
regulations, to provide training, employment, and business oppor-
tunities required by section 3; and incorporation of the "section
3 clause" specified by Section 135.20(b) of the regulations in all
contracts for work in connection with the project. The (applicant)
(recipient) certifies and agrees that it is under no contractual
or other disability which would prevent it from complying with
these requirements.
C. Compliance with the provisions of section 3, the regualtions set
forth in 24 CFR Part 135, and all applicable rules and orders of
the Secretary issued thereunder prior to approval by the Government
of the application for this (agreement)(contract) , shall be a
condition of the Federal financialassistance provided to the
project, binding upon the (applicant) (recipient) , its successors
and assigns. 'Failure to .fulfill these requirements shall subject
the (applicant)(recipient) , its contractors and subcontractors,
its successors., and assigns to the sanctions specified by this
(agreement)(contract), and to such sanctions as are specified by
24 CFR Section 135. 135.
Company Name:
Address:
Official Signature
NYAO-EO:GEM/res 6-11.4-•74 Typed/Printed
CO TRACTOR'S SECTION 3 PLAN
1 - Name of Firm
Address
Phone #
2 Project Name/Description
Project Location
Please use additional sheets if needed.
3 - Employment
a = Do you expect to hire any project area residents? Yes NO
b If yes how many? Trainees
Skilled Employees
3i
Total
c - What organizations, if any, from the attached list
do you intend to notify?
d - What publications will you use for employment notices?
a
a .
i
4 - Subcontractors.
a - Do you expect to use project area businesses as
subcontractors or vendors? YES NO
b - If yes how many?
c - What businesses., if any, from the project area will you
request bids from?
Plan prepared by
Name Position
Date
C
TRAINEE UTILIZATION PLAN
If more space is needed, please continue on other side of page.
CONTRACTOR'S NAMEi
ADDRESS:
. E
F
TELEPHONE:
f
PROJECT NAME
ADDRESS:
I - Total number .of trainees to be utilized on this project? Please
list by work category.
# OF TRAINEES WORK CATEGORY
e �
5
2 - Total number of trainees currently on your permanent work force?
Please list by work category.
# OF TRAINEES WORK CATEGORY
3 - Total number of trainees currently to be recruited and hired from
the project area?
# OF TRAINEES WORK CATEGORY
C
DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE
Ir
SKILLED EMPLOYEE UTILIZATION PLAN
If more space is needed please continue on other side of page.
CONTRACTOR'S NAME:
ADDRESS:
TELEPHONE:
PROJECT NAME:
ADDRESS:
1 - Total number of skilled employees to be utilized on this project?
Please list by work category.
# OF SKILLED EMPLOYEES- WORK CATEGORY
2 - Total number of skilled employees currently on your permanent work
force? Please list by work category.
# OF SKILLED EMPLOYEES WORK CATEGORY
3 - Total number of skilled employees currently to be recruited and
hired from the project area?
# OF SKILLED EMPLOYEES WORK CATEGORY
DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE
ORG NIZATIONS CONCERNED WITH
THE . `IPLOYMENT 0£ PROJECT AREA
'LOW INCOME RESIDENTS
The Long Island Affirmative Action Programs, Inc.
150 Route 110
.Melville, N.Y. 11746
New York State Department of Labor
Employment Offices:
75 E. Main Street, Riverhead, N.Y. 11901
1800 New York Avenue, Huntington Station, N.Y. 11746
117 Main Street, Bridgehampton, N.Y. 11932
63 Park Avenue, Bayshore, N.Y. 11706
State Office Building, Hauppauge, N.Y. 11787
55 Medford Avenue, Patchogue, N.Y. 11772
La Union Hispanica
244E. Main Street
Patchogue, N.Y. 11772 ,
Economic Opportunity Council of Suffolk, Inc.
98 Austin Street
Patchogue, N.Y. 11772
i
CHAPTER IV
CONTRACTORS RESPONSIBILITIES
I. General Resconisibilities of Contractors
A. General Obligations
Contractors bidding on non-exempt Federally involved
construction contracts should carefully review the general requirements .
relative to affirmative action and non-discrimination stipulated in, the
Equal Employment Opportunity (EEO) Clause and -the Federal EEO Bic
Conditions, where applicable , which incorporate the voluntary minority h
utilization plan (Hometown Plan) and/or impose minimum minority until)
r
zation goals and timetables on contractors.
Upon award of the Federally involved construction
contract the contractor will be bound by the requirements of the
EEO Clause and applicable Federal EEO Bid Conditions and must be able
to demonstrate compliance with those requirements, including the designa-
tion of .a high level company official to assume the responsibility for
k
the contractor's EEO Program.
(
B. Notification of* Specific Responsibilities
Subsequent to award, but prior to the initiation of
construction on a covered Federally funded or assisted contract, the
prime contractor and all known subcontractors will be notified by the
Federal Compliance Agency, which awards or administers the contract, of
the specific reporting and record keeping requirements under the EEO
Clause (See 60-1 ) and Bid Conditions (See Appendix II)_.
P
•
w
.t
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C. Notification of Subcontractor
Each prime contractor and subcontractor shall include
by reference the EEO Clause and applicable Bid Conditions in all
advertisements or other solicitations forlbids, and shall include
the EEO Clause and ,applicably: Bid Conditions in .all contracts.
Each prime contractor and subcontractor must provide
written notice to each subcontractor of the specific reporting and
record keeping requirements under the EEO Clause and applicable Bid
Conditions. Upon award .of a subcontract, each contractor shall
im.'nediately notify the Compliance. Agency of the contract number,
the subcontractor' s name, dollar amount of contract, estimated start and
completion dates, and the crafts which will perform work under the sub-
contract.
I1 . Obligations' Under Federal EEO Bid Conditions.
(See Attached Flow Chart on CONTRACTOR OVERVIEW)
A. Hometown Plans Part. I (Voluntary)
Hometown Plans are Office of; Federal Contract Compliance
Programs (OFCCP) approved voluntary area-wide agreements
between the construction industry and representatives of
the minority community establishing craft goals and- time-
tables for minorities. The Plan and the signatory partici-
pating parties in the r)lan are incorporated in Part I of
the Bid Conditions for the: Plan area.
t
- 3 -
Contractors signatory to and participating in Depart-
ment of Labor approved Hometown. Plans and utilizinga local craft
under Part I of the Bid Conditions are required to comply with the
Provisions of the Plan and the EEO Clause.
Removal of contractors to Part II of the Bid Conditions
and/or initiation of enforcement proceedings may be recommended to
the OFCCP Regional Office by the Administrative Committee for a
contractor's failure to meet Hometown Plan requirements. Such
action may also be initiated directly by the OFCCP Regional Office
for violation of the EEO Clause.
B. Hometown Plan Part II. Appendix A (Imposed Plan)
and Special Bid Conditions
Contrators subject to Part II of the Bid Conditions
(including contractors participating in the voluntary plan but
utilizing craft (s) subject to Part II requirements) and those
affected by Appendix A of an Imposed Plan, or Special Bid Condi-
tions are required to:
1• Comply with the EEO Clause;
2. Meet the minimum goals and timetables for
aggregate workforce utilization specified in
the ' Bid Conditions and/or Appendix A in each
covered craft on all covered work in the area
under the Bid Conditions/Appendix A or provide
DOCUMENTARY EVIDENCE of good faith efforts to
implement the minimum acceptable affirmative
action Program;
4 -
3. File monthly or as directed by the contracting
or administering agency, beginning with the
effective date of the contract, workforce utili-
zation reports (Standard Form 257) reflecting the
prime contractor's and each subcontractor' s aggre-
gate workforce in each covered craft within the
area covered by the Bid Conditions (See Appendix
II) and a one time listing of all Federally-funded
or assisted contracts within the Bid Condition area
by agency, contract number, location, dollar volume,
percent completed, projected completion date, and
a listing of all covered non-federal work, subse-
quent to the submittal of the first listing.
Monthly reports, thereafter, should only include
new contracts received and those contracts com-
pleted;
4 . Provide access to books, records, and accounts of
all covered construction sites and documentary
evidence of good faith efforts to the Compliance
Agency and/or the Office of Federal Contract
Compliance Programs (OFCCP) for the purpose of
conducting a review.
When the Compliance agency and the OFCCP have determined
that the contractor has consistently met the minimum utilization
goals in a covered craft over an entire construction season, re-
Porting requirements will. be changed from a monthly to a quarterly
basis. However, if a contractor
fails to meet the minimum
utilization goals during any quarter, monthly reporting requirements'
will be reinstated.
III. Enforcement (See Attached Flow Chart on CONTRACTORS
OVERVIEW)
A. Comoliance Review
Contractors failing to meet the minimum utilization
goals specified in the Bid Conditions , or subject to outstanding
allegations of discrimination in violation of the E.E.O. •Clause
will be subject to a thorough review of their implementation of
the affirmative action. program as specified in the Bid Conditions
and, where required, a thorough review of their compliance with
the E.E.O. Clause.
Contractors will be subject to general enforcement,
as stipulated in Subpart B of CFR 60-1 at the discretion of the
agency or the OFCCP.
A compliance review conducted by the Compliance Agency
will consist of the following (See Appendix III B) :
1. A thorough review of the contractor' s books,
records and accounts and other relevant docu-
ments. (If a contractor has met the specified
minimum utilization goals for the aggregate
workforce the contractor will be presumed to be
in compliance with the requirements of the Bid
Conditions and the review concluded, unless an
allegation of discrimination in violation of the
E.E.O. Clause has been made.) ;
r
2 . Validation of the information presented will be
made through on-site reviews of a sample of all
of the contractors projects to determine whether
the contractor has met its goals or has made a
good faith effort to implement all . of the affirm-
ative action steps specified in the Bid Conditions,
and has not violated the E.E.O.Clause.
B. Remedial Commitments
In the event that a contractor has failed to meet the
minimum utilization goals and had failed to provide adequate docu-
men}-ary evidence of good faith efforts to implement the minimum
affirmative action program as specified in the Bid Conditions, the
contractor will be given an opportunity at the conclusion of .he
compliance review .to make specific written commitments , which will
be signed by an officer of the company, to remedy all deficiencies
identified during the review, provided that the contractor has not
otherwise been found to have; violated the E.E.O. Clause.
If such commitments are made by the contractor and
approved by the Compliance ,Agency, the Agency will find the con-
tractor in compliance and initiate monitoring of the specific
commitments.
C. Notice of Intent to Initiate Actions Leading to Sanctions
If the contractor fails to make, or having made , fails
to implement adequate remedial commitments, and/or has been found
- 7 -
to have-otherwise violated the E.E.O. Clause, the Compliance
Agency will issue a show cause notice to the contractor pro-
viding 30 days for the contractor to come forward with addi-
tional evidence of its efforts to comply or to make adequate
remedial commitments, and, where required, to demonstrate that
it has not violated the E.E.O. Clause.
If the contractor makes such demonstration(s) and/or
commitments, the Compliance Agency will withdraw the show cause
notice and place the contractor in compliance, provided that
any violation of the commitments will cause the contractinc
agency to proceed with actions leading to sanctions.
D. Initiation of Actions Leading to Sanctions
If, during the 30 day period provided, the contractor,
(a) fails to document adequate good faith effort to implement the
minimum required affirmative action steps or fails to make ade-
quate commitments to correct all deficiencies, or (b) where re-
quired, fails to demonstrate that the- E.E.O. Clause has not been
violated, the Compliance Agency will initiate actions leading to
the imposition of sanctions against the contractor, pursuant to
41 CFR 60-1.26.
Upon such action by the Compliance Agency and approval
by the OFCCP, the contractor will be notified that actions leading
to sanctions have been initiated. The notice will state the rea-
sons for the action and provide 14 calendar days for the contractor
to request a hearing regarding the imposition of sanctions.
8 -
If no request for hearing -is received within the
14 day period, the Compliance Agency and/or OFCCP will impose
such sanctions as are deemed appropriate provisions of 41 CFR
60-1 including cancellation, termination, debarment or
ineligibility for further federally funded or federally assisted
contracts.
Upon receipt of a request for hearing, the Compliance
Agency and/or OFCCP will arrange for and conduct a hearing on the
issues outlined in 41 DFR 60-1 and 41 CRF 60-30 .
During the pendency of any such request for hearing,
a contractor's other federally involved contracts may be suspended
in whole or in part, pursuant to the provisions of 41 CFR 60-1 .
However, no sanctions or penalties specified in 41 CFR 60-1 or
Executive Order 11246, as amended, may be imposed without the
approval of the Director, OFCCP.
The hearing procedures .(41 CFR 60-30) provide that
ary. conciliation agreement or consent decree proposed as a
settlement of the issued and the final decision on the imposition
of sanctions must be approved by the Secretary of Labor or the
Director, OFCCP.
IV. Technical Assistance
The Compliance Agency and OFCCP Regional Office staff
will provide technical assistance regarding the implementation of
the requirements of the E.E.O. Clause, Federal Bid Conditions
and/or Appendix A upon receipt of a request for assistance from
a contractor.
NOTICE TO BIDDERS
FAIR TRADE PRACTICE
Please be advised that Section 109 of Public Law 100-202
restricts awarding contracts for work on public buildings or
public works to contractors or subcontractors from foreign
countries that deny fair trade practices to the United States .
Currently, Japan is the only foreign country that has been so
classified.
The prohibitions in Section 109 also apply to certain
products used in these activities , such as affixed equipment ,
electronics , utilities and instruments .
The United States Trade Representative (USTR) shall maintain
a list of each foreign country which -
(A) denies fair and equitable market opportunities for
products and services of the United States in
procurement , or
(B) denies fair and equitable market opportunities for
products and services of the United States in
bidding, for contruction projects that cost more
than $500, 000 and are funded (in whole or in part)
by the government of such foreign country or by an
entity controlled directly or indirectly by such
foreign country.
A contractor or subcontractor shall be considered to be a
citizen or national of a foreign country, or controlled directly
or indirectly by citizens or nationals of a foreign country:
( 1) if 50 percent or more of the Contractor or
subcontractor is owned by a citizen or a national of
the foreign country;
(2) If the title to 50 percent or more of the stock of
the Contractor or subcontractor is held subject- to -
trust or fiduciary obligation in favor of citizens
or nationals of the foreign country;
(3) If 50 percent or 'more of the voting power in the
Contractor or subcontractor is vested in .or
exercisable on behalf of a citizen or national of
the foreign country;
(4) in the case of a partnership , if any general partner
is a citizen of the foreign country;
(5) In the case of a corporation , if its president or
other chief executive -officer or the chairman of its
board of directors is a citizen of the foreign,
country or . the: majority of any number of its
directors necessary to constitute a quorum are
citizens of the foreign country or the corporation
is organized under the laws of the foreign country
or any subdivision, territory, or possession
thereof; or o
(6) In the case of a contractor or subcontractor who is
a joint venture, if any participant firm is a
citizen or national of a foreign country or meets
any of the criteria in parapraphs ( 1) through ( 5) of
this notice.
"Product " , as used in this notice , means construction
materials - i . e. , articles , materials , and supplies brought to
the construction site for incorporation into the public works
project , including permanently affixed equipment , instruments ,
utilities , electronic or other devices , but not including
vehicles or construction equipment . In determining the origin of
a product ( insert name of grantee) , will consider a product as
produced in a foreign country if it has been assembled or
manufactured in the foreign country, or if the cost of the
components mined, produced, or manufactured in the foreign
country exceed 50 percent of the cost of all its components .
"Component" , as used in this notice , means those articles ,
materials , and supplies incorporated directly into the product .
"Contractor or subcontractor of a foreign country" , as used
in this notice , means any Contractor or subcontractor that is a
citizen or national of a foreign country or is controlled
directly or indirectly by citizens or nationals of a foreign
country.
Unless a waiver to these restrictions is granted by the
Secretary of Housing and Urban Development , no contract will be
awarded to an offeror (a) who is owned or controlled by a citizen
or national of a foreign country included on the list of foreign
countries that discriminate against U. S . firms published by the
USTR, ( b) whose subcontractors are owned or controlled by
citizens or nationals of a foreign country on the USTR list or ,
(c) who incorporates any product of a foreign country on the USTR
list in the public works project .
Nothing contained in the foregoing shall be construed to
require establishment: of a system of records in order to render ,
in good faith , the certification required. The knowledge and
information of an offerer is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings .
M A
,I ,
The USTR published an initial list in the Federal Register
on December 30 , 1987 (53 FR 49244) which identified one country
Japan. The USTR can add countries to the list , and remove
countries from it , in accordance with section 109(c) of Pub. L.
100-202 .
• A,,M
FAIR TRADE CERTIFICATION
I , being a principal
Name of Contractor
of herein after known
Name of Company or Corporation
as the "Offeror" certify by signature below that :
1) The offeror has read and understands the Notice to
Bidders entitled "Fair Trade Practice" .
2) The offeror is not a contractor of a foreign country
included on the list of countries that discriminate
against U . S . . firms as published by the U . S . Trade
Representative (USTR) ;
3) The Offeror has not or will not enter into any
subcontract with a subcontractor or a foreign country
included on the USTR list;
4) The offeror will not provide any product of a country
included on the USTR list ;
S) An offeror unable to certify in accordance with
paragraphs 1 , 2 , 3 , and 4 above shall submit with its
offer a written explanation fully describing the reasons
for its inability to make the certification; and
6) The offeror shall provide immediate written notice to the
Contracting Officer if , at any time before the contract
award, the offeror learns that its certification was
erroneous when submitted or has become erroneous by
reason of changed circumstances .
Signature of Company/Corp . Principal Title
Contractor Ldentification Number Date
The making of a false , fictitious , or fraudulent certification
may render the maker subject to prosecution under Title 18 ,
U . S.C . 1001 .
f Our
O y.�►
JUDITH T. TERRY Town Hall, 53095 Main Road
TOWN CLERK v T P.O. Box 1179
' Southold, New York 11971
� REGISTRAR OF VITAL STATISTICS cn 4F
MARRIAGE OFFICER y0 O� Fax (516) 765-1823
�,yO1 �1D Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 19, 1993:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Scott L. Harris to execute a contract between the
Town of Southold and Richard's Nursery, Inc. , Miller Place, New York,
in the amount of $11 ,543.00, for discing, finish grading, and seeding of
two (2) playing fields at the Robert W. Tasker Memorial Park, Peconic
J' Lane, Peconic, all in accordance with the approval of the Town Attorney.
j
i'
)
/Judith T. Terry
F�
Southold Town Clerk
October 20, 1993
I
i
r
l
�oc���rFOIKc�Gy
o ` _
JUDITH T. TERRY = Z Town Hall, 53095 Main Road
TOWN CLERK G T
P.O. Box 1179
REGISTRAR OF VITAL STATISTICS
Southold, New York 11971
MARRIAGE OFFICER �Q • O� Fax (516) 765-1823
�,yol �1D Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 21, 1993:
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Richard's Nursery, Inc. , Miller Place, New York, in the amount
of $11,543.00, for discing, finish grading, and seeding of two (2) playing
fields at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New
York, all in accordance with the bid specifications.
A46ditth�T. erlrey��
Southold Town Clerk
September 22, 1993
� o _
JUDITH T. TERRY " ' "� Town Hall, 53095 Main Road
TOWN CLERK r P.O. Box 1 179
REGISTRAR OF VITAL STATISTICS New York 11971
'" � Fax Southold 516 765-1823
c
MARRIAGE OFFICER �, ®� ( )
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 1993
Frank Cichanowicz, President -
Briarcliff Landscape Inc.
Route 25
Peconic, New York 11958
Dear Frank:
The Southold Town Board, at their regular meeting held on September
21 , 1993, accepted the bid of Richard's Nursery, Inc. , Miller Place, New
York, in the amount of $11,543.00, for discing, finish grading, and seeding
of two playing fields at the Robert W. Tasker Memorial Park, Peconic Lane,
Peconic.
Thank you for submitting your bid on this proposal.
Very truly yours,
Judith T. Terry
Southold Town Clerk
JUDITH T. TERRY Town Hall, 53095 Main Road
TOWN CLERK a c. v+ P.O. Box 1179 -
REGISTRAR OF VITAL STATISTICS k:
Southold, New York 11971
MARRIAGE OFFICER ' �� Fax (516) 765-1823
" � Telephone (516) 765-1801 —
1 �
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 1993
David Cichanowicz, President
Creative Environmental Design
P.O. Box 160
Peconic, New York 11958
Dear David:
The Southold Town Board, at their regular meeting held on September
21 , 1993,- accepted the bid of Richard's Nursery, Inc. , Miller Place, New
York, in the amount of $11 ,543.00., for discing, finish grading, and seeding
of two playing fields at the Robert W. Tasker Memorial Park, Peconic Lane,
Peconic.
Thank you for submitting your bid on this proposal.
Very truly yours,
Judith T. Terry
Southold Town Clerk
RICHARD' S NURSERY INC. PHONE: ( 516) 744-8670
P.O.BOX 7030 345-0268
886 ROUTE 25A FAX: ( 516) 744-8762
MILLER PLACE, NEW YORK 11764 924-9508
PROPOSAL=====_______________==____________
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHHOLD
TOWN HALL
MAIN ROAD
SOUTHOLD, NY 11971
RE: "IMPROVEMENTS TO THE ROBERT W. TASKER PARK"
BID DATE 9/16/93
BID TIME 11: 00 A.M.
APPROX. AREA TO BE DONE 210 ,000 S.F.
CULTTIVATE $2 , 250. 00
FINAL GRADE & REMOVE ALL STONES OVER 1" $2, 250. 00
WEED KILLER APPLICATION $500. 00
FURNISH AND INSTALL LIME $657 . 00
! FURNISH AND INSTALL TWO APPLICATIONS OF FERTILIZER $3 , 093. 60
ROLLING $600 . 00
SEEDING $2, 192. 40
TOTAL PRICE $11, 543. 00
THANK, YOU
1 CLAUDE ROBB
s
9/15/93 -
WE WILL BE USING A FEMALE SUPERVISOR
y
3
I
NON-COLLUSIVE BID CERTIFICATE
a The undersigned bidder certifies that this bid has been arrived at
by the bidder independently and has been submitted without collusion
with any other vendor of materials, supplies or equipment of the type-
described in the invitation for bids, -and the contents of this bid have
3
not been communicated by the bidder, nor, to its best knowledge and
belief, by any of its employees or agents, to any person not an employee
or agent of the bidder or its surety on any bond furnished herewith
prior to the official opening of the bid.
r{
(Signed)
(Corporate Title)
(if any)
Bid on ROBERT W. TASKER MEMORIAL PARK
IMPROVEMENTS - PLAYING FIELD
1-
,I
NOTICE TO BIDDERS
FAIR TRADE PRACTICE
Please be advised that Section 109 of Public Law 100-202
restricts awarding contracts for work on public buildings or
public works to contractors or subcontractors from foreign
countries that deny fair trade practices to the United States .
Currently, Japan is the only foreign country that has been so
classified.
The prohibitions in Section 109 also apply to certain
products used in these activities , such as affixed equipment ,
electronics , utilities and instruments .
The United States Trade Representative (USTR) shall maintain
a list of each foreign country which -
(A) denies fair and equitable market opportunities for
products and services of the United States in
procurement , or
(B) denies fair and equitable market opportunities for
products and services of the United States in
bidding, for contruction projects that cost more
than $500 , 000 and are funded (in whole or in part)
by the government of such foreign country or by an
entity controlled directly or indirectly by such
foreign country. -
A contractor or subcontractor shall be considered to be a
citizen or national of a foreign country, or controlled directly
or indirectly by citizens or nationals of a foreign country:
( 1) if 50 percent or more of the Contractor or -
subcontractor is owned by a citizen or a national of
the foreign country;
(2) If the title to 50 percent or more of the stock of
the Contractor or subcontractor is held subject- to -
trust or fiduciary obligation in favor of citizens
or nationals of the foreign country;
(3) If 50 percent or more of the voting power in the
Contractor or subcontractor is vested in -or
exercisable on behalf of a citizen or national of
the foreign country; -
(4) in the case of a partnership , if any general partner
is a citizen of the foreign country;
(5) In the case of a corporation , if its president or
other chief executive 'officer or the chairman of its
board of directors is a ,citizen of the foreign
country or _the majority of any number of its
directors necessary to constitute a quorum are
citizens of the foreign country or the corporation
is organized under the laws of the foreign country
or any subdivision, territory, or possession
thereof; or
(6) In the case of a contractor or subcontractor who is
a joint venture, if any participant firm is a
citizen or national of a foreign country or meets
any of the criteria in parapraphs ( 1) through ( 5) of
this notice .
"Product " , as used in this notice , means construction
materials - i. e. , articles , materials , and supplies brought to
the construction site for incorporation into the public works
project , including permanently affixed equipment , instruments,
utilities , electronic or other devices , but not including
vehicles or construction equipment . In determining the origin of
a product (insert name of grantee) , will consider a product as
produced in a foreign country if it ,has been assembled or
manufactured in the foreign country, or if the cost of the
components mined, produced, or manufactured in the foreign
country exceed 50 percent of the cost of all its components .
"Component" , as used in this notice , means those articles ,
materials , and supplies incorporated directly into the product ..
°Contractor or subcontractor of a foreign country as used
in this notice', means any Contractor or subcontractor that is a
citizen or national of a foreign country or is controlled
' directly or indirectly by citizens or nationals of a foreign
country.
Unlessa waiver to these -restrictions is granted by the
Secretary of Housing and Urban Development , no contract will be
{ awarded to an .offeror (a) who is owned or controlled by a citizen
or national of a foreign country included on the list of foreign
countries that discriminate against U. S . firms published by the
USTR, (b) whose subcontractors are owned or controlled by
citizens or nationals of a foreign country on the USTR list or ,
(c) who incorporates any product of a foreign country on the USTR
list in the public works project .
Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render,
in good faith, the certification required. The knowledge and
\ information of an offerer is not required to exceed that which is
I
normally possessed by a prudent person in the ordinary course of
business dealings .
t
t�
1 - - �.
The USTR published an initial list in the Federal Register
on December 30 , 1987 ( 53 FR 49244) which identified one country —
Japan. The USTR can add countries to the list , and remove
countries from it , in accordance with section 109(c) of Pub. L.
100-202 .
FAIR TRADE CERTIFICATION
I, aeing a principal
Name of Contractor
of AA!2 .Se-_>Z,jg _77,- herein after known
Name of Company of Corporation
as the '"Offeror" certify by signature below that :
1) The offeror has read and understands the Notice to
Bidders entitled "Fair Trade Practice" .
2) The offeror is not a contractor of a foreign country-
included
ountryincluded on the list of countries that discriminate
against U .S . . firms as published by the U. S . Trade
Representative (USTR) ;
j 3) The Offeror has not or will not enter into any
subcontract with a subcontr,a_ctor or a foreign country
included on the USTR list ;
4) The offeror will not provide any product of a country
included on the USTR list;
5) An offeror unable to certify in accordance with
i paragraphs 1 , 2 , 3 , and 4 above shall submit with its
offer a written explanation fully describing the reasons
for its inability to make the certification; and
�I
6) The offeror shall provide immediate written notice to the
Contracting Officer if , at any time before the contract
j award, the offeror learns that its certification was
ai erroneous when submitted or has become erroneous by
reason of changed circumstances .
�I
S gnature of Company/Corp. Principal Title
2- / ® 9Z
Contractor Identification Number Date
The making of a false , fictitious , or fraudulent certification
may render the maker subject to prosecution under Title 18 ,
U .S .C . 1001 .
,
INC.
Distinctive Landscape Concepts
(516) 765-1220 Route 25 Peconic, L.I., N.Y. 11958 FAX (516) 765-0015
BRIARCLIFF LANDSCAPE INC. PROPOSES TO PERFORM ALL WORK AS SPECIFIED IN:
"IMPROVEMENTS TO THE ROBERT W. TASKER MEMORIAL PARK" BID
FOR THE SUM OF EIGHTEEN THOUSAND, SIX HUNDRED NINETY DOLLARS AND NO CENTS.
($
18,690.00)
SIGNED DATE 15
{
j
3
1
9
3
NON-COLLUSIVE BID CERTIFICATE
The undersigned bidder certifies that this bid has been arrived at
by the bidder independently and has been submitted without collusion
i
with any other vendor of materials, supplies or equipment of the type
described in the invitation for bids, -and the contents of this bid have
not been communicated by the bidder, nor, to its best knowledge and
i
belief, by any of its employees or agents, to any person not an employee
or agent of the bidder or its surety on any bond furnished herewith
prior to the official opening of the bid.
�I
(Signed)
(Corporate Title)
(if any) ,P(eS1 jM
Bid on ROBERT W. TASKER MEMORIAL PARK
IMPROVEMENTS - PLAYING FIELD
7
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\ « . BID » PLAYING FIELD TASKER PARK
BID OPENING: 11 :00 .A.M,, Thursday, September 16; 1993
/ . 1. Creative Environmentl Design, Box 160, Pec nic, NY 11958 — 734 7921 . \ 9/3193
) 2, Tower Landscaping, Inc., # North Peter Blvd., Central Islip NY 11722. 9/9/93
. 516-234-7343 .
} . . 33 ^ Richards Nursery, 98 Sail Lane, Ridge, N.Y,11961 - 345-0268 . . . 9/10/93 \
} . R. Louis Barba o,Landscaping, 135 ]Ohne n Ave., . Ronkonkoma NY 11779 . 9/10/93
} 5. J.C. Quinn \nc., 34 Su nnyH§e Dr., Calverton N Y 11933 727-7531 . 9/14/93
800-273-2531 y 2
6. Briarcliff{ Landscape, P. O, Box 222, Pec nic, NY 1195E 9/15/93. � . . . . . �
7. . . .
8.
{ . . 9.
\ 10. . . . . . §
. . 11 .
/ 12. . .
{ . 13. . . » . . .
{ 14.
/ 15.
\ . §.
\ \ 17,
w.n
COUNTY OF SUFFOLK
ss:
STATE 01= NEW YORK
LEGAL NOI!ICE
NOTICE TO BIDDERS. .
Patricia Wood, being duly sworn, says that she is the
NOTICE IS .HEREBY Editor, of THE LONG ISLAND TRAVELER-WATCHMAN
GIVEN, it accordance with, a "public newspaper printed at Southold, in Suffolk County;
the provisions of Section 103
of the GeneralMuni cipalLaw, and that the notice of which the annexed is ii printed copy,
that,sealedbidsbresought,andha heen pirhlishcd in said Long Island Travelfe r-Watchmn
a
requested by the Town Board o n:e each week for , . . . . . . . . . . . . . . . . . . . . /. . . . . weeks
of `the Town of Southold for
the ,following project: "Im-
provements to the Robert W. successively, commencing on the . . . . . . . . . . . . . . . : . . . .
Tasl er Memorial Park."This f
project entails the: id6cing, clay n I ,_19
€inish grading and seeding o . , .
two playing fields at the E
Robert W. Tasker Memorial
Park,Peconic.Lane, Peconic,
New York. Specifications may.
be obtained at the'Office of
the Town Clerk of the Town of ^/
Southold,,iTbwn Hall, Main
Road, Southold, New York
)WOrn to before me this . . . . . . . .�. . . . . . . . : day «(
11971
The sealed bids, together �
with anon-collusive bid cer
tificate,will be received by then"
Town Clerk of the Town=of
Southold at the Southold
Town Hall, Main Road,
Southold, New York, until
11:00 A.M., Thursday, Notary Public
September 16,;1993,at which BARBARA A. SCHNEIDER
time:they will be opened and NOTARY PUBLIC, State of New York
read' aloud in, public. The No. 4806346
Town.Board of the Town of
Suthold reserves the right to
Qualified in Suflelk
oCounty
rej,�i.,'&ny and all bids and Cflmmission Expires g 31 qy
waive any,and all informality
in ariy bid should it be deem-
ed inthe best interest of the
Town of,Southold to do so.
All bi"ds must.be signed and
sealed ern renvelopes plainly
marked "Bid'on the Robert
W.Taskeit Memorial Park lm-
pxovemnt
es'—Playing Field"
and submitted to the Office of
the Town Clerk:The bid price
shallnot include any tax,,
federal, state or local, from
Which the Town.of Southold is
exempt.
Dated: August 24, 1993
JUDITH.T TERRY
SOUTHOLD TOWN CLERK
1X=9/2/93(3)
t
(
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
JUDITH T. TERRY, Town Clerk of the Town of Southold, New York,
being duly sworn, says that on the 26th day of August 1993
she affixed a notice of which the annexed printed notice is a true copy,
in a proper and substantial manner, in a most public place in the Town
of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin
Board, Southold Town Hall, Main Road, Southold, New York 11971 .
Legal Notice, Notice to Bidders, Discing, finish grading and seeding of two
playing fields at the Robert W. Tasker Memorial Park. Bid opening: 11 :00.
A.M. , Thursday, September 16, 1993, Southold Town Clerk's Office.
v4�judith T. Terry
Southold Town Clerk
Sworn to before me this
26th day of August 1993.
<'�•,,n
'Notary' Public
UNDA J.COOPER
Noterd Public,State of New York
14 o. 4622563,Suffolk Coun
.orm 6=rpirea December 31,1S
0
LEGAL NOTICE
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN, in accordance with the provisions of
Section 103 of the General Municipal Law, that sealed bids are sought and
requested by the Town Board of the Town of Southold for the following
project: "Improvements to the Robert W. Tasker Memorial Park". This
project entails the discing, finish grading and seeding of two playing fields
at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York.
Specifications may be obtained at the Office of the Town Clerk of the Town
of Southold, Town Hall, Main Road, Southold, New York 11971 .
The sealed bids, together with a non-collusive bid certificate will be
received by the Town Clerk of the Town of Southold at the Southold Town
Hall, Main Road, Southold, New York, until 11;00 A.M., Thursday,
September 16, 1993, at which time they will be opened and read aloud in
public. The Town Board of the Town of Southold reserves the right to
reject any and all informality in any bid should it be in the best interest
of the Town of Southold to do so.
All bids must be signed and sealed in envelopes plainly marked "Bid
on the Robert W. Tasker Memorial Park Improvements - Playing Field" and
submitted to the Office of the Town Clerk. The bid price shall not include
any tax, federal, state, or local, from which the Town of Southold is
exempt.
Dated: August 24, 1993.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON SEPTEMBER 2, 1993, AND FORWARD TWO (2)
AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN
HALL, MAIN ROAD, SOUT.HOLD, NEW YORK 11971 .
Copies to the following:
The Traveler-Watchman
Town Board Members
Town Attorneys
_ Comm. Dev. Admin. McMahon
Comm. of Public Works Jacobs
Dodge Reports
Brown's Letters
Town Clerk's Bulletin Board
I
= LEGAL NOTIG
y
u-- 6-- NOTICE TO BIDDERS
:1
i
NOTICE IS HEREBY GIVEN, in accordance with the provisions of
Section 103 of the General Municipal Law, that sealed bids are sought and
requested by the Town Board of the Town of Southold for the following
project: "Improvements to the Robert W. TaskerMemorial Park". This
1 project entails` the discing, finish'grading and seeding of two playing'fields
at- the Robert- W. Tasker Memorial Park, Peconic Lane, Peconic, New York.
Specifications may be obtained at the Office of the Town Clerk of the Town
of Southold, Town Hall, Main Road, Southold, New York 11971 .
The sealed bids, together with a non-collusive bid certificate will be
received by the Town Clerk of the Town of Southold at the Southold Town
Hall, Main Road, Southold, New York, until 11;00 A.M., Thursday,
September 16, 1993, at which time they will be opened and read - aloud in-
public. The Town Board of the Town of Southold reserves the right to
_ reject any and all informality in any bid should it be in the best interest
i
of the Town of Southold to do so.
All bids must be signed and sealed in envelopes plainly marked "Bid
on the Robert W. Tasker Memorial Park Improvements - Playing Field" and
submitted to the Office of the Town Clerk. The bid price shall not include
any , tax, federal, state, or local, from which the Town of Southold is
exempt.
Dated: August 24, 1993.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
I
i
i PLEASE PUBLISH ON SEPTEMBER 2, 1993, AND FORWARD TWO (2)
AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN
HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971
j Copies to the following
The Traveler-Watchman
Town Board Members
Town Attorney
Comm. Dev. Admin. McMahon
Comm. of Public Works Jacobs
Dodge Reports
Brown's Letters
Town Clerk's Bulletin Board
� f
ROBERT W. TASKER MEMORIAL PARK
Playing Fields Bid Specifications
The Town of Southold will have the field plowed to a depth of
approximately 12" to 15" and rough graded.
The contractor will perform the following:
Disc an area approximately 560 ' X 375 ' , to a depth of 4 to 6
inches.
Remove all stones over 1 inch in diameter, sticks and foreign
matter from the surface.
Lime the disced area to a Ph of 6.5
Finish grading and seeding of two playing fields.
Materials to be used:
Ground Limestone shall have the following analysis: at least
fifty ( 500) percent shall pass a 200 mesh sieve, at least
seventy (700) percent shall pass a 100 mesh sieve and one
hundred (1000) percent shall pass a 10 mesh sieve. Total
carbonates shall not be less than eighty ( 80%) percent of 44.8%
calcium oxide equivalent, for purposes of calculation total
carbonates shall be considered as calcium carbonate.
Commercial fertilizer shall have the following composition by
weight: nitrogen, ten ( 10%) percent, phosphoric acid (P205) ,
twenty (20%) percent, potash, ten ( 10%) percent. The nitrogen
shall be thirty (30%) percent minimum (from animal sources, e.g.
tankage) and seventy (700) percent inorganic maximum.
Grass seed shall be fresh, recleaned seed of the latest crop,
consisting of the mixture specified in conformity with the
following standards of seed content. The tolerance for
germination shall be those called official and tabulated by the
U.S. Department of Agriculture. Seeding shall be performed at a
rate of 240 lbs. per acre.
The seed mixture shall be as follows:
1. 60% Merit Kentucky Bluegrass
2. 20% Aurora Fine Fescue
3 . 20% Manhattan II Perennial Ryegrass or approved equal
General:
Area to be seeded shall be loosened to a depth of four (4)
inches. The area shall be smoothed at the proper grade to
incorporating other materials.
After the areas have bee loosened and smoothed, fertilized at
the rate of 1,000 pounds per acre and grass seed at the rate of
240 pounds per acre. The surface shall then be firmed by use of
a. light roller. Pre-emergent weed control shall be applied in
accordance with the manufacturer' s recommendations to the area.
Inspection:
Areas which do not contain a stand of grass upon inspection,
which is substantially weed free and in reasonable proportion to
the seed mixture and satisfactory to the Town Engineer shall be
loosened as required by the Town Engineer shall be loosened as
required by the Town Engineer and refertilized, additional
pre-emergent weed control applied and reseeded until a
satisfactory stand of grass results.
Three or four weeks after germination, apply 1 pound
nitrogen/1,000 square feet using a complete fertilizer with a
2-1-1 or 4-1-3 ratio or as recommended by soil test results.
The contractor will layout the infield areas, baselines and
pitchers mound in accordance with the attached specifications.
Horton
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t
Playing fields will be laid out by Southold Town Engineer and a
Little League representative.
i
Area to be graded and
Otreated with a weed killer
Pitcher's Plate to be cut out
and treated with weed killer
Pitcher's Plate will be 6" above
7 Home Plate level
Base lines to be cut out and
treated with week killer
Uiat;ram-1
Diagram shoving Little League i'ield (ati uut.
All dimensions are compulsory unless marked "Optional."
OFFICIAL PLAYING RULES
1.00--OBJECTIVES OF THE GAME
1.01—Little League Baseball is a game between two teams of nine players
each, under direction of a manager and coach, played on a regulation Little
League field in accordance with these rules, under jurisdiction of one or more
umpires.
1.02—The objective of each team is to win by scoring more runs than the
opponent.
1.03—The winner of the game shall be that team which shall have scored, in
accordance with these rules,the greater number of runs at the conclusion of a
regulation game.
1.04—THE PLAYING FIELD. The field shall be laid out according to the
instructions, supplemented by Diagrams No. 1 and No. 2 on adjoining pages.
The infield shall be a 60-toot square.
The outfield shall be the area between two foul lines formed by extending
two sides of the square, as in Diagram 1. The distance from home base to the
nearest fence, stand or other obstruction on fair territory should be 200 feet or
more. A distance of 200 feet or more along the foul lines, and to center field is
recommended.The infield shall be graded so that the base line and home plate
are level.
The pitcher's plate shall be six inches above the level of home plate. The
infield and outfield, including the boundary lines, are fair territory and all other
area is foul territory.
It is desirable that the line from home base through the pitcher's plate to
second base shall run East-Northeast.
It is recommended that the distance from home base to the backstop, and
from the base lines to the nearest fence, stand or other obstruction on foul
territory should be 25 feet or more. See Diagram 1.
When location of home base is determined,with a steel tap°r measure 84 feet,
10 inches in riesired direction to establish second base. From home base.
measure 60 feet towards first base from second base, measure 60 feet towards
first base; ttie intersection of these lines establishes first base. From home
base, measure 60 feet towards third base; from second base, measure 60 feet
towards third base; the intersection of these lines establishes third base. The
distance between first base and third base is 84 feet, 10 inches. All measure-
ments from home base shall be taken from the point where the first and third
base lines intersect.
The catcher's box.the batters' boxes,the coaches' boxes,the three-foot first
base lines and the next batter's boxes shall be laid out as shown in Diagrams 1
and 2.
The catcher's box extends approximately 6 feet 43/e inches to the rear of home
plate. It is determined by extending each foul line 9 feet beyond the back point
of home plate.
The batter's box shall be rectangular,6 feet by 3 feet.The inside line, it used,
shall be parallel to and 4 inches away from the side of home plate. It shall
extend forward from the center of home plate 3 feet and to the rear 3 feet.
The coaches' boxes shall be 4 feet by 8 feet and shall not be closer than 6 feet
from the foul lines.
The foul lines and all other playing lines indicated in the diagrams by solid
black lines shall be marked with chalk or-other white material. Caustic lime
must not be used.
The grass lines and dimensions 5UgyA.Dn the diagrams are those used in
many ie are o mandatory. Each league shall determine the size
and shape of the grassed and bare areas of its playing field.
1.05—Home base shall be marked by a five-sided slab of whitened rubber. It
shall be a 12-inch square with two of the corners filled in so that one edge is 17
NON-COLLUSIVE BID CERTIFICATE
The undersigned bidder certifies that this bid has been arrived at
by the bidder independently and has been submitted without collusion
with any other vendor of materials, supplies or equipment of the type
described in the invitation for bids, -and the contents of this bid have
not been communicated by the bidder, nor, to its best knowledge and
belief, by any of its employees or agents, to any person not an employee
or agent of the bidder or its surety on any bond furnished herewith
prior to the official opening of the bid.
(Signed)
(Corporate Title)
(if any)
Bid on ROBERT W. TASKER MEMORIAL PARK
IMPROVEMENTS - PLAYING FIELD
SCOTT L. HARRIS
JAMES C. McMAHON o ,;A -� Supervisor
Administrator ca
Town Hall, 53095 Main Road
Telephone (516) 765-1892P.O. Box 1179
Southold, New York 11971
3+1
Fax (516) 765-1823
TOWN OF SOUTHOLD
COMMUNITY DEVELOPMENT AGENCY
PROJECT: ROBERT TASKER MEMORIAL PARK, PECONIC LANE, PECONIC, NY
Dear Contractor:
Please find the enclosed forms:
1. Notice
2. Equal Employment Opportunity - Executive Order 11246
3 , Equal Opportunity Bid Conditions for Federal and Federally
Assisted Construction
4. Federal Wage Rates
5. Instruction for Completing Payroll Forms WH-347
6 . Pre-construction Checklist for Contractors
7. Contracting Opportunities for Minorities and Females
8 . Federal Labor Standards Provisions
9. Section 109 and Section 110 of PL93-383
10. Requirements for Contractors
11. Section 3 Plan
12. Contractors Responsibilities
13. Fair Trade Practice
If you have any questions on the above, please give me a call.
NOTICE
This project is being assisted by funding from the Federal
Government of the United States of America under one or
more current federal funding programs , and as such, the
performance of all work contemplated under the terms and
conditions of this set of plans, specifications and related
documents must conform to certain basic and specific
standards and requirements of both the Federal and New York
State governments .
The federal labor-standards provisions setting forth the
requirements for federal funding are contained in these
documents.
In the event of conflicting requirements , Federal, and
State provisions set forth shall take precedence over
local requirements , except for bonding and insurance
requirements where local provisions , requirements and
standards will apply.
1:020.1
A—endic 1
OWEPARTOWlENT OF HOUS!NG AND URBAN DEVELOPMENI
taro. Executive C:der 1124.6, as amended �
EQUAL EMPLOYiviENT OPPORTUNITY
'+ lileieil .4t Executive Order 11247
COORDINATION BY ATTORNEY GENERAL
EQUAL EMPLOYMENT OPPORTUNITY
Executive Order 112461
08 F-R 12319-251
'Under and by virtue of the authority vested in me as President of
the United States by the Constitution and statutes of the United
States,it is ordered as follows:
PART I—NONpr9CWM-TA7 ON tN GovrRNsraNT Eacpr-o�nm-.rr
Sac- 101. It is the policy of the Government of the United States
to provide equal opportunity in.Federal employment for all qualified
persons, to prohibit discrimination in employment because of race,
color, religion,sex or national origin, and to Provide the null realiza-
tion of equal employment opportunity througa a positive, continuing
progrwa in each executive department and agency.The poucy of eeqqual
opportunity applies to every aspect of Federal employment polic7
and practice.
Szc. 102 The head of each executive department and agency shall
establish and maintain a positive program of equal employment oppor-
;F tunity for all civilian empioyees and applicants for empioyment within
his inriediction in accordance with the police set forth in Sectoin 101.
Sic. 103.The Civil Service Co='ission shall supervise and provide
leadership and guidance in the conduct of ecual employment oppor-
tunity programs for the civilian empiovees of and applications for
employment within the executive departments and agencies and shall
review agency program accomplishments periodicaily. is order to
facilitate the achievement of a model programfor equal employment
o.pportunity in the Federal service,the Commission may consult from
time to time with such individuals.groups,or organizations as may be
of assistance in improving the Federal program and reaiizing the
ob•ectives of this Part.
ac. 104. The Civil Service Commission shall provide for the
prompt, fair, and impartial considerat,on of all complaints of dis-
crinfmation in Federal employment on tile,basis of race,color,religion,
sex or national origin. Procedures for the consideration of complaints
shall include at least one 1mpsrziai inview within-cite executive uaua::r
meat or agency and shall provide for appeal to the Civil Service
Commission.
SEc. 105.The Civil Service Commission shall issue such regulation',
orders;and instructions as it deems necessary and approprate to carry
out its responsibilities under this Part,and the head of each executive
department and agency shall co4lply with the regulations,orders,and
instructions issued by the Commission under this Part.
I Amended by Executive Order 11373 of October 13.1967,L Fed.seg. 14303,to provide
that tae protrram of equal employment opportoalty iacinde prohibition asaaaac dLerimlae-
tles on aceouat Of"Z.
1 ,
Page 1
=8020-1
Appen3t: 1
PAST II--NO1Mrsc xm. AmoN rN Expwr mr sz GOvaRxxmNT
CoNTRACroR8 AND SUBCONMUCTORS
suB?An A•—DrTms or TSB eECR=AR7 oT LAWR
Sac.201.The Secretary of Labor shall be responsible for the admin-
istration of Parts II and III of this Order anti shall adopt-such rules
and regulations and issue such orders as he deems necessary and ap-
propriate to achieve the purposes thereof.
suspAw a--oomritACTons' AaR=UM. M
Sac.202. Except in contracts exempted in accordance with Section
204 of this Order, all Government contracting agencies shall include
in eeery Government contract hereafter enterea into the ioilowing
proviszvns:
"During the performance of this contract, the contractor agrees as
follows-
"(1)
ollows:"(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin.The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without resgard to their race, color, religion, sex, or
national origin. Such action shall include, but not be limited to the
following: employment, uperading, demotion, or transfer; r°ec:ruit.
went or recruitment adsertasing; layoff or termination; races of pay
or other forms of compensation; and selection ivy training, including
apprenticeship. The eeontract�Dr agrees to post in conspicuous places,
available to employees anti appllcaraj for &lripiGfAlent, notie6s to b.-
provided by the contracting officer setting forth the provisions of this
nondiscrimation clause.
"(2) The contractor will, in all solicitations or advertisements for
emyloyees placed by or on behalf of the contractor,state that all quali-
A applicants will receive consideration for employment without
rev to race,color, religion,sex,or national origin.
(3) The contractor will send to each labor union or representative
of workers with which he has.a collective bar;ainin{g agreement or
other contract or understandii��,a notice,to be prosicied by the agency
contracting officer,advising tip,labor union or workers'representatrre
of the contractors'commitments under Section-.-,0-2 of Executive Order
No. 11246 of September 24, 1965,and ,hall post copies of the notice in
conspicuous places available to employees and applicants for employ-
ment.
"(4) The contractor will comply with all provi.�ions of Executive
Order No. 11248 of Se tembe:r.24, 1965,and of the rules,regulations,
and relevant orders of the Secretary of Labor.
"(5 The contractor will furnish all information and reports re-
quired by Executive Order No, 11246 of September 24 1965,and by the
rules, regulations, and orders of the Secretary of Lit r or pursuant
thereto, and will permit access to his books, records, and accounts by
the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,regu)ations,and
orders,
f Pige 2
8020.1
Appendix 1
16(6) In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with anv of such rules,regu-
lations, or orders, this contract may be cancellea, terminated or sus- .
pended in :chole or in part and the contractor may be declared ineli-
gible for further Government contracts in accordance with procedures
authorized in Executive Order -No. 11246 of September 24, 1965, and
such other sanctions niav be imposed and remedies invoked as provided
in Executive Order \o. 11?46 of September 4. 1965,or by rule,regu-
lation, or order of the Secretary of Labor, or as otherwise provided
by law. ,
"(? I) The contractor will include the provisions of aragraphs (1)
through (T) in every subcontract or purchase order unless exempted
�i by rules, regulations• or orders of the Secretary of Labor issued pur-
suant to Section 204 of Executive Order-=11o. 11246 of September 24,
1963, so that such provisions will be binding upon a:::i ubcontrsctor
or vendor. The contractor will take such action with respect to anv
subcontract or purchase order as the contracting agency mai direct as
a means of enforcin_such provisions inclttdi%, sanctions for noncom-
pliance: Provided. Aowever. That in the event the contractor becomes
involved in, or is threatened with. litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the
contractor may request the United States to enter into such litigation to
protect the interests of the United States."
Sm. 203. (a) Each contractor having a contract containing the pro-
Visions prescribed in Section 20-2 shall file, and shidl cause each of his
succontractors to file.Compliance Reports with the contracting agency
or the Secretary of Labor as may be directed. Compliance Reports
shall be filed within such times and shall contain such information as
to Lith practicES, po��C�:s, •^e ema� pn(1 employment policies, pro-
grams, and employment statistics of the contra_-tor and each sub-
contractor, and shall be in such form, as the Secretary of Labor may
prescribe.
(b) Bidders or prospective contractors or subcontractors may be
required to state whether they have participated in anv prOVIGUS con-
tract subject to the provisions of this Order,or any preceding similar
Executive order, and in that event to submit,on behalf of themselves
and their proposed subcontractors, Compliance Reports prior to or as
an initial part of their bid or neclotiation of a contract,
(c) Whenever the contractor or subcontractor has a collective bar-
gaining agreement or other contract or understanding with a labor
union or an agency referring workers or providing or supervising
appenticeship or training for such workers, the Compliance Report
shn.il include such information as to such labor union's or agency's
practices and policies affecting cotnpiiance as the S-*cretary of L_-bur
may prescribe:Provided,That to the extent such information is within
the exclusive possession of a labor union or an agency referring work-
` els or providing or supervisine apprenticeship or training and such
labor union or agency shall refuse to furnish such :niormation to the
contractor, the con!ractor shall so certify to the contracting agency as
part of its Compliance Report and shall set forth what erforts he has
made to obtain such information.
Page 3
8020.1
Appendix 1
(d) The contracting agency or the Secretary of Labor may direct
that any bidder ?r prospective contractor or subcontractor shall sub-
mit, as part of his G)mpliancs Report, a statement in writing, signed
by an authorized officer or agent on behalf of anv labor union or any
agency referring workers or providing or supervising apprenticeship
or other training, with which the bidder or prospective contractor
deals, with supporting information, to the effect that the signer's
practices and policies do not discriminate on the grounds of race,color,
reli ion,sex or national oris;in,and that the signer either will aturma-
tively cooperate in the implementation of the policy and provisions of
this order or that it consents and agrees that recruitment,employment,
and the terms and conditions of employment under the proposed con-
tract shall be in accordance with the purposes and provisions of the
order. In the event that the union,or the agency shall refuse to execute
such a statement, the Compliance Report shall so certify and set forth
what efforts have been made to secure such a statement and such addi-
tional factual material as the contracting agency or the Secretary of
Labor macrequi7.
SEc. 201. The Secretary of Labor may, when he deems that special
circumstances in the national interest so require,exempt a contracting
agency from the requirement of including any or all of the provisions
of Section 202 of this Order in any specific contract, subcontract, or
purchase order.. The Secretary of Labor mav, by rule or reguia-
tion, also exempt certain classes of contracts, subcontracts, or pur-
chase orders (1) whenever work is to be or has been performed outside
the United States and no recruitment of workers within the limits
of the Ignited States is involved; (2) for standard commercial sup-
plies or raw materials; (3) involving less than specified amounts of
money or specified numbers of workers;or (4) to the extent that they
involve subcontracts below a specined tier. b he.Secretary of Labor
mav also provide, by rule, regulation, or order, for the exemption
of facilities of a contractor which are in all respects separate and
distinct from activities of the contractor related to the performance
of the contract: Provided,That such an exemption will not i.riterfere
with or impede the effectuation of the purposes of this Order: And
providedfurther,That in the absence of such an exemption all facili-
ties shall be covered by the;provisions of this Order.
SUBPART O---POWMS AND Dlrr=S of TM SFXPXTARr of LABOR AND TEM
OONTRd.Cn.VG AOENCMS
Sec. 205. Each contracting agency shall be primarily responsible
for obtaining compliance with the rules,regulations.and orders of the
Secretary of Labor oath respect to rnntracts entered into by such
agency or its contractors. All contracting agencies shall comply with
the rules of the Secretary of Labor in discharging their primary
responsibility for securing compliance with the provisions of con-
tracts and otherwise with the terms of this Order and of the rules,
regulations, and orders of the Secretary of Labor issued pursuant to
this Order. They are directed to cooperate with the Secretary of.
Labor and to furnish the Secretary of Labor such information and
assistance as he may require in the performance of his functions under
this Order. They are further directed to appoint or designate, from
Page 4 .''
8020.1
AvneZdix 1
among the agency's personnel, compliance officers. It shall be the
duty of such officers to seek compliance with the objectives of this -
Order by conference, conciliation, mediation, or persasion.
Stc.206. (a) The jecretar pf Labor may iunvestigate the employ-
ment practices of anv Government contractor or subcontractor,or ini-
tiate such investigation by the appropriate contr-acting agency, to de-
termine whether or not the contractual provisions specified in Section
202 of this Order have been violated. Such investigation shall be
conducted in accordance with the procedures established by the Secre-
tary of Labor and the investigating agency shall report to the Secre-
taof Labor any action taken or recommended.
7b) The Secretary of Labor may receive and investigate or cause
• to be investigated complaints by employees or prospective employees
of a Government contractor orbcontractcr which ai:;•gz discrimina-
tion contrary to the contrartual nrovisions specified in Section 202
of this Order. If this investigation is conducted for the Secretary
of Labor by a contracting agency, that agency shall report to the
Secretary what action haslZn taaen or is recommended with regard
to such complaints.
SEc.207. The Secretary of Labor shall use his best efforts, directly
and through contracting agencies. ocher interested Federal, State, and
local agencies,contractors,and all other available instrumentalities to
cause any labor inion enganed in work under Government contracts
or any agency referring worxers or providing or supervising appren-
ticeship or training for or ;n the course of such work to cooperate in
the implementation of the purposes of this Order. The Secretary of
�t • Labor shall, in appropriate cases, notify the Equal Employment
vpport.un:ty ^..".:n..mis—•on.. the De,nr inent of Justice. or oth;r appm-
priate Federal agencies whenever it has reason to believe that the
practices of any such labor organization or agency violate Title VI or
Title VII of the Civil Rights .\et of 1964 or ocher provision of Fed-
eral law.
Snc. 209. (a) The Secretary of Labor, or any agency, officer, or
employee in the executive branch of the Government designated by
rule, regulation, or order of the Secretary, may hold such hearings,
public or private,as the Secretary may deem advisable for compliance,
enforcement, or educational purposes.
(b) The Secretary of Labor may hold,or cause to be held.hearings
in accordance with Jubsection (a) of this Section-prior to imposing,
ordering, or recommending the imposition of penalties and sanctions
under this Order. No order for debarment of any contractor from
further Government contracts under Socrion 09(a)(6) shall be made
without affording the contractor an opportunity for a hearing.
SUBPART ts—c,%,VCIIO\S AND PEVALTIES
Stc. 209. (a) In accordance with such rules, regulations, or orders
as the Secretary of Labor may issue or adopt, the Secretary or the
appropriate contracting agency may:
(1) Publish, or cause to bel published, the names of contractors or
unions which it has concluded have complied or have failed to comply
with the provisions of this Order or of the rules, regulations, and
orders of the Secretary of Labor.
Page 5
8020.1
Appendix 1 y
(2) Recommend to the Depmrtment, of Justice that in comm in
which there is substantial or material viblation or the threat of sub-
stantial or material violation of the contractualpprovisions set forth
in Section 202 of this Order, appropriate proceedines be brought to
enforce those provisions, in^.luding tiie enloinin;, within the limits-
tions of applicable law, of organizations, individuals, or groups who
prevent directly or indirectly,or seek to prevent directly or indirectly,
compliance with the provisions of this Order.
(3) Recommend to the Equal Employment Opportunity Commis-
sion or the Department of Janice That appropnwe proceedings be
instituted under Title V II of the CM.' i i5hts Act of 1964.
(4) Recommend to the Department of Justice that criminal pro-
ceedings be brought for the furnishing of false information to any con-
a tractino agency or to the Secretary of Labor as the case may be.
(5) Cancel, terminate,suspend,or cause to be canceled,terminated,
or suspended, any contract, or any portion or Portions thereof, for
failure of the contractor or subcontractor to comply with the non-
discrimination provisions of the contrast. Contracts may be cancelled,
terminated, or suspended absolutely or continuance of contrasts may
be conditioned upon a program for future compliance approved by
the contracting agency.
(6) Provide that any contracting agency shall refrain from enter-
ing into further contracts, or extensions or other modifications of
existing contracts, with any noncomplving contractor, until such con-
tractor has satisfied the Secretary of TAbor that such contractor has
witablished and will carry out personnel and employment policies in
compliance with the provisions of this Order.
(b) Under rules and regulations prescribed by the Secretary of
Labbor, each contracting agency shall mace reasonabie efforts within
a rea onabie time 1iinit4i.iU1i w Sw.:ui•e 1;,0MDl:a:.ca w .. the zo tract
provisions of this Order by methods of conference, conciliation,inedi-
ation, and persuasion before proceedings shall be instituted under
Subsection i a)(2) of this Section, or before a contract shall be can-
celed or terminated in whole.or in part under Subsection (a)(5) of
this Section for failure of a contractor or subcontractor to comply
with the contract provisions of this Order.
SEc. 210. Any contracting agency taking any action authorized by
this Subpart, whether on its own motion,or as directed by the Secre-
tary of Labor, or under the rules and regulations of the Secretary,
shall proanptly notify the Secretary of such action. Whenever the
Secretary of Labor makes a determination under this section,he shall
promptly notify the appropriate contracting agency of the action
recommended. The zeencv shall take such action and shall report
the results thereof tn pilo 8ecretary of Labor within such time as the
' . Secretary shall specify.
Sm. 211. If the Secretary shall so direct,contracting agencies shall
not enter into contracts with any bidder or prospective contractor
unless the bidder or prospective contractor has satisfactorily complied
with the pprovisions of this Order or submits a program for compliance
axeptable to the Secretary of Labor or,if the Secretary 4o authorizes,
to the contracting agency.
Sic. 212. Whenever a contracting agency cancels or terminates a
contract, or whenever a contractor has been debarred from further
Page 6
8020.1
Appendix 1
Government contracts, under Section 209(a)(6) because of noncom-
pliance with the contract provisions with regard to nondiscrimination,
the Secretary of Labor, or the conL,mcting agency involved, shall
promptly notify the Comptroller General or the United States. Any
such debarment may be rescinded by the Secretary of Labor or by
the contracting agency which imposed the sanction.
5VWA8T 7e--CFZrIFICAT£8 OF 2�FtIT
Sic. 213. The Secretary of Labor may provide for issuance of a
United States Government Certificate of Merit to employers or labor
unions, or other agencies which are or may hereafter be ereagged in
work under Government contracts, if the Secretary is satisfied that
the personnel and employment practices of the employer, or that the
personnel, training, apprenticeship, membership, grie,•ance and mp-
resentation, upgrading, and other practices and poiicies of the labor
union or other agency conform to the purposes and provisions of this
Order.
SEc. 214. Any Certificate of Merit may at any time be suspended
or revoked by the Secretary of La:,ur if the holder thereof, in th3
Judgment of the Secretary, has failed to comply with the provisions
of il's Order.
SEc.215. The Secretary of Labor may provide for the exemption
of any employer, labor union, or other agency from any reporting
requirements unposed under or pursuant to this Order if such em-
ployer, labor union, or other agency has been awarded a Certificate
of Herit which has not been suspended or revoked.
;t Pasrr TII—No.-mracr.IxrxATiox PBoviaroYe rsr Fznsssra z AsslsTM
CONgmucTIOx C o.vrpACrs
Spa.301. Each executive department and agency which administers
a program involving Federal financial assistance shall require as a
condition for the approval of any grant, contract, loan, insurance, or
guarantee thereunder.which may involve a construction contract,that
the applicant for Federal assistance undertake and agree to incorpo-
rate, or cause to be incorporated, into all construction contracts pard
for in whole or in hart with funds obtained from the Federal Guvern-
meat or borrowed on the credit of the Federal Government pursuant
to such grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant,contract,loan,
insurance, or guarantee, the provisions prescribed for Government
contract b7 Section 203 of this Order or such modification thereof,
nreeer:-ing in substance the contractors obligations thereundAr,as inav
be approved by the Secretary of Labor,together with such additional
provisions as the Secretary deems appropriate to establish and pro-
tect the interest of the UnAed States in the enforcement of those obli-
gations. Each such applicant shall also undertake and agme (1) to
assist and cooperate actively with the administering department or
agency and the S-ocretary of Labor in obtaining the compliance of con-
tractors and subcontractors with those contract provisions and with
the rules, regulations, and relevant orders of the Secretary, (2) to
obtain and to furnish to the administering department or agency and
Page 7
8020.1
Append1z 1
to the Secretary of Labor such information as they may rec)uire, for
the supervision of such compliance, (3� to carry out sanctions and
penalties for violation of such obligations imposed upon contradtors
and subcontractors by the Secretary of Labor or the administering
department or agency pursuant to Part II, Subpart D, of this Order,
and (4) to refrain from entering� into any contract subject to this
Order, or extension or other modification of such a contract with a
contractor debarred from Government contracts unde Part II:, Sub-
part D, of this Order.
SEC. 302. (a) "Construction contract" as used in this Order means
a any contract for the construction`rehabilitation, alteration, conver-
sion, extension, or repair of buildings, highways, or other improve-
ments to real property.
(b) The provisions of Part II of this Order shall apply to such
construction contracts, and for purposes of such application the ad-
ministering department or agency shall be considered the-contracting
agency referred to therein.
(c) The term "applicant"'as used in this Order means an applicant
for Federal assistance or, as determined by agency rex lation, other
program participant, with respect to whom an application for any
grant,contract, loan, insurance, or guarantee is not finally acted upon
prior to the. effective date of this Part, and it includes such an
applicant after he becomes a recipient of such Federal assistance.
Sm 303. (a) Each administering department and agency shall
be responsible for obtaining the compliance of such applicants with
their undertakings under this Order. Each administering depart-
ment and agency is directed to cooperate with the Secretary of Labor,
and to furnish the Secretar` such information and assistance as he
may require in the performance of his functions under this Order.
(b) In the event an applic;uiit fails and refuses to comply with his
undertakings, the administering department or agency may take any
or all of the following actions: (1) cancel, terminate, or suspend in
whole or in part the agreement, contract, or other arrangement with
such applicant with respect to which the failure and refusal occurred;
(2) refrain from extending any further assistance to the applicant
under the program,with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been
received from such applicant; and (3) refer the case to the Depart-
ment of Justice for appruuriate legal proceedings.
(c) Anv action with respect to an applicant pursuant to Subsection
(b) shall be taken in conformity with !erection 602 of the Civil Rights
Act of 1564 Sand k':.a regulations of the administering department or
agency issued thereunder), to the extent. applicable. In no case shall
action be taken with respect to an applicant pursuant to Clause (1)
or (2) of Subsection (b) without notice and opportunity for hearing
before the administering department or agency.
Sec. 304. Any executive department or agency which imposes by
rule, regulation, or order requirements of nondiscrimination in em-
ployment, other than requirements imposed pursuant to this Order,
may delegate to the Secretary of Labor by agreement such responsibili-
ties with respect to compliance standards, reports, and procedures as
pees 8
Him-Wash..a.C.
8020.1
Appendix
would tend to bring the administration of such rectuiremcnts into con-
formity with the administration of requirements imposed under this
Order: Provided, That actions to effect compliance by recipients of
Federal financial assistance with requirements imposed pursuant to
Title VI of the Civil Rights Act of 1964 shall be taken in conformity
with the procedures and limitations prescribed in Section 602 thereof
and the regulations of the administering department or agency issued
thereunder.
Pain IV—MzscEtjAXrOAs
SEe.401. The Secretary of Labor may delegate to any'officer,agency,
or employee in the Executive branch•of the Government, an7 function
r or duty of the Secretary under Parts II and III of this Order, except
authority to promulgate rules and regulations of a general nature.
Szc.462. The Secretary of Labor shall Provide administrative sup-
port for the execution of the program known as Me "Plans for
Progress."
SEc.403. (a) Executive Orders Nos. 10590 (January 19, 1955),
10722 (August 5, 1957),10925 (March 6, 1961),11114 (June 22, 1963),
and 11162 (July 28, 1964), are hereby superseded and the President's
Committee on Equal Employment Opportunity established by Ex-
ecutive Order No. 10925 is hereby abolished. All records and property
in the custody of the Committee shall be transferred to the Civil Service
Commission and the Secretary of Labor, as appropriate.
(b) Nothing in this Order shall be deemed to relieve any person of
any obligation assumed or imposed under or pursuant to any Execu-
tive Order superseded by this Order. all rules, regulations, orders,
instructions, designations, and other directives issued by the Presi-
dent's Committee on Equal Employment Opportunity and those issued
by the heads of various departments or a�;anc:cz ;:n dar or
any of the Executive orders superseded by this Order, shall, to the
extent that they are not inconsistent with this Order, remain in full
force and effect unless and until revoked,or superseded by appropriate
authority. References in such directives to provisions of the super-
seded orders shall be deemed to be references to the comparable provi-
sions of this Order.
Sec.404. The General Services Administration shall take appropri-
ate action to revise the standard Government contract forms to accord
with the provisions of this Order and of the rules and regulations of
the Secretary of Labor.
Szc. 405. This Order shall became effective thirty days after the
date of this Order.
Lym)ozc B.Joxrzsorr.
Tsz Wa=Housr.
September 24,1966.
Page 9
HUD-Awih.. D.C.
8020.1 "
Appendix 1
COORDINATION BY ATTORNEY GE Z-:EItAL
Executive Order 11217
130 pr.R. 123:77
PROVIDING FOR TIE CooRDI'."rAMON BT THE ArroR\DT GENERAL or
• ENFORCFJSE.OT of TITIx 'V'I of Tum CrVIL RIGwrs Acr or 1954
jChere-is the:Depn nients and agencies of the Federal Government
have adopted uniform and consistent regulations implementing Title
VI of the Civil Rights Act of 1964 and, in cooperation with the
President's Council on Equal Opportunity, have embarked on a
coordinated program of enrorcement of the provisions of that 'Title;
y Whereas the issues hereafter arising in connection with coordi-
nation of the activities of the departments and nAencies under that
Title will be predominantly le,-.d to character and in many cases will
berelated to udicial enforcement:and
Whereas t�e Attornev Genera is the chief law officer of the Federal
Government and is chirped the duty of enforcing the flaws of
the United States:
Now,therefore,by virtue of the authority vested in me as President
of the united States by the Constitution' and laws of the TInited
States,it ordered as follows:
SE4-.no.r 1. The.Attorney General shall assist Federal departments
and agencies to coordinate their proirrams and activities and adopt
consistent and uniform policies.practices,and procedures with respect
to the enforcement of Title VI of the Civil Rights Act of 1964.Ha
may promulgate such rules and regulations as he shall deem neces-
sa
,z to carry out his functions under this Order. -
Fe. 2. Eprh F ewleral department and a;:;z ncy shu.li cooperate w-I h
the Attorney General in the performance of his functions under. this
Order and shall furnish him such reports and information as he may
request.
Sm. 3. Effective 30 days from the date of this Order, Executivs
Order No. 111.97 of February 5, 1965, is revoked. Such records of the
President's Council on Equal Opportunity as may pertain to the
enforcement of Tidy VI of the Civil Rights Act,of 1964 shall be trans-
ferred to the Attorney General
SEc. 4.All rules, regulations, orders, instructions, designations and
other directives issued by the President's Council on Equal Oppor-
tunity relating to the implementation of Title VI of the Civil Rights
Act of 1964 shall remain in frill force and effect unless and until
revoked or superseded by directives of the attorney General.
LTNmo.r B. Jox.isoN.
TEE 3Yxrre Hovsn,
' . September °!, 1965.
a. s epvtRnMr.w rearrcre orrret,rs*o o-394.313 a»
est-sss
Page 10
DEPARTMENT OF LABOR
Ofnce of Federal Contract Compliance Programs
NEW FORMAT FOR FEDERAL EQUAL
EMPLOYMENT OPPORTUNITY BID CONDITIONS FOR
FEDERAL AND FEDERALLY ASSISTED
CONSTRUCTION
NOTICE
On April 3, 1975, there was published in the FEDERAL REGISTER (40 FR 14953) a
notice and opportunity for comment concerning the intention of the Department of Labor
toacbpt New Model Federal EEO Bid Conditions for inclusion in Federal and federally
assisted construction contracts and subcontracts in selected areas.
The following Model Federal EEO Bid Conditions are issued to carry out the purposes
of Executive Order 11246, as amended. The Model Federal EEO Bid Conditions reflect
changes which were made as a result of comments received on the proposed Model Federal
EEO Bid Conditions. The comments received were equally distributed between those
favorable and unfavorable. In general those favorable felt that deletion of the Bidders'
Certification will eliminate undue and costly delays resulting From contractors and subcon-
tractors being declared nonresponsive because of their failure to fill in a form correctly.
Those opposed to elimination of the Bidders' Certification felt that a pre-award certifi-
cation is essential in establishing the contractors' and subcontractors' commitment to offir-
_: motive action.
The Department has carefully considered all the comments and has determined that the
format developed in the new Model Federal EEO Bid Conditions adequately apprises pro-
specitve contractors -and subcontractors, prior to bid opening, of the importance of the
Federal affirmative action requirements and is compatible with
Procurement
Under Comptroller General opinions and the decisions in Northeast Co st ct on principles.
v. Romney, 485 F. 2d 752 (D.C. Cir. 1973) and Rossetti Contracting Comeanv
v. Brennan, ..4,08 F. 2d 1039 (7th Cir. 1975), the failure of a bidder to specify its
e
=
goals for minority employment as required by imposed plans or the failure of a bidder to
complete and submit a' Bidder' Certification form as required by the Bid Conditions in
hometown plan areas requires the contracting agency to declare the bid non-responsive.
This has caused the loss of hundreds of thousands of dollars because defective low bids
were discarded in favor of the new low bid.
The original reason for requiring the submission of a properly executed Bidders' Certifi-
cation was that it was thought to be helpful in informing contracters of their obligations
and eliminated inattentive bidders. However, it is now an opinion that contractors are rec-
sonably aware of their EEO obligations so as to obviate the need for certification. Therefore,
the amendment of the Bid Conditions would Eliminate the signature and fill-in-the-Monk
requirements. Instead, the Federal EEO Bid Conditions clearly notifyprospective
P Pe bidders
c *:
�t-
that they will be committed to the goofs contained therein, by submitting a properly
signed bid. This amendment does not diminish the goverment's enforcement ability
or applicable EEC) requirements yet permits contracting agencies to award contracts
to the lowest responsive and responsible bidder.
It is for this reason that the new Model Federal EEO Bid Conditions-make the af-
r'irmctive action requirements binding on all bidders who submit signed bids. -
Accordingly, effective September 1, 1976, all contracting and administering agencies
are directed to adopt the new Model.
Federal EEO - Bid Conditions for inclusion in.all future invitations For bids on oil
non-exempt Federal and federally assisted construction contracts and subcontracts
awarded in areas covered by hometown plans (Part n and Part it EEO requirements.
Further, all other forms of Federal EEO Bid Conditions containing hometown plans and
Part II EEO Bid, Condition requirements now in use for such areas are not to be in—
cluded in Invitctions for Bid after adoption of the new Model Federal EEO Bid Con-
ditions.
This new format has been coordinated through the Office of Federal Procurement
Policy of the Office of Management and Budget in accordance with P.L. 93-400,
the Office of Federal Procurement Policy Act.
Set forth below are the new Model Federal EEO Bid Conditions:
1 9 • •
p
BID CONDITIONS
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
For all Non-Exempt Federal and Federally
Assisted Construction Contracts to be Awarded in
(NASSAU AND SUFFOLK COUNTIES, NEW YORK)
NOTICE
EACH BIDDER, CONTRACTOR OR SUBCONTRACTOR (HEREINAFTER THE CON-
TRACTOR) MUST FULLY COMPLY WITH EITHER PART I OR PART I1, AS APPLICABLE,
OF THESE BID CONDITIONS AS TO EACH CONSTRUCTION TRADE IT INTENDS TO
USE ON THIS CONSTRUCTION CONTRACT AND ALL OTHER CONSTRUCTION WORK
(BOTH FEDERAL AND NON-FEDERAL) IN THE NASSAU - SUFFOLK AREA DURING
THE PERFORMANCE OF THIS CONTRACT OR SUBCONTRACT. THE CONTRACTOR
COMMITS ITSELF TO THE GOALS FOR MINORITY MANPOWER UTILIZATION IN
EITHER PART 1 OR PART 11, AS APPLICABLE, AND ALL OTHER REQUIREMENTS,
TERMS AND CONDITIONS OF THESE BID CONDITIONS BY SUBMITTING A PRO-
PERLY SIGNED BIO.
THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE
RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND
CONDITIONS OF THESE BID CONDITIONS.
Part I: The provisions of this Part I apply to contractors which are party to collective
bargaining agreements with labor organizations which together have ogreed to the
NASSAU - SUFFOLK Area Construction Program (hereinafter the NASSAU - SUFFOLK
Plan) for equal opportunity and have jointly made a commitment to specific goals of
minority and, where applicable, female utilization. The NASSAU - SUFFOLK Plan is a
tripartite voluntary agreement between (CONTRACTORS, UNIONS, & MINORITY
COM-MUNITIES). The NASSAU-SUFFOLK Plan , together with all implementing agreements that
have been and may hereafter be developed pursuant thereto, are incorporated herein by
reference.
Any contractor using one or more trades of construction emeloyees must comply with
either Part I or Part 11 of these Bid Conditions as to each such trade . A contractor may
: �
i
f
therefore be in compliance with Port I of these Bid Conditions by its participation with
the labor organization which represent its employees in the NASSAU-SUFFOLK Plan cs
to one trade Provided there is set forth in the NASSAU-SUFFOLK Plan a specific com-
mitment by boththe contractor and the labor organization to a goal of minority utili-
zation for that trade. Contractors using trades which are not covered by Part
(See Part II, Section A) must comply with the commitments contained in Part 11 including
goals for minorities and female utilization set forth .in Part 11,
If a contractor does not comply with the requirements of these Bid Conditions, it shall
be subject to the provisions of Part ll.
Part II A Coverage. The provisions of this Part Ii shall be applicable to those
contractors who:
1 . Are not or hereafter cease to be signatories to the NASSAU-SUFFOLK Plan
incorporated by reference in Part 1 hereof;
2. Are signatories to the NASSAU-SUFFOLK .Plan but are parties to collective
bargaining agreements;
3. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective
bargaining agreements with labor organizations which are not or hereafter cease to be
signatories to the NASSAU-SUFFOLK Plon
4. Are signatories to the NASSAU-SUFFOLK Plan and are parties to collective
bargaining agreements with labor organizations but the two have notjointly executed
. e specific commitment to goals for minority utilization and incorporated the commit—
ment in the NASSAU-SUFFOLK Plan p or
5. Are participating in a affirmative action plan which is no longer acceptable
to the Director, OFCCP, including the NASSAU-SUFFOLK Plan.
6. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective
bargaining agreements with labor organizations which together have failed to make
C good faith effort to comply with their obligations cinder the NASSAU-SUFFOLK
Plan and, as o result, have been placed lander Part 11 of the Bid Conditions by the
0ffice of Federal Contract Compliance Programs.
B. Requirement -- An Affirmative Action Plan. Contractors described in para-
- graphs 1 through 7-above shall be subject to the provisions and requirement of Part
11 of these Bid Conditions including the goals and timetables for minority17 utiliza-
tion, and specific affirmative action steps set forth in Sections B. 1 and 2 of this Part
11. The contractor's commitment to the goals for minority utilization as required by this
Part 11 constitutes a commitment that it will make every good faith effort to meet such
goals.
1. Goals and Timetables. The goals of minority utilization required of the can-
tractor are applicable to-each trade used by the contractor in the NASSAU-SUFFOLK
Plan area and which is not otherwise bound by the provisions of Part I. For all such
trades the following goals and timetables shall be applicable.
Goals for _
Minority
Utilization
Until (1/1x14)
( ) to (6.00% - 8.0%)
From ( }
From ( ) to ( } )
From ( ) to ( ) ( )
From ( ) to ( ) ( )
2/
The goals of minority and female utilization above are expressed in terms of hours of
training and employment as a proportion of the total number of hours to be worked by
the contractor's aggregate work force, which includes all supervisory personnel, in each
trade on all projects (both Federal and non-Federal) in the NASSAU-SUFFOLK Plan
area during the performance. of its contract (i.e. , the period beginning with the first day
of work on the Federal or federally assisted construction contract and ending with the lest
day of work) .
The hours of minority employment and training must be substcntially uniform throughout
the length of the contract in each trade and minorities must be employed evenly on each
of the contractor's projects. Therefore, the transfer of minority employees or trainees
1� "Minority" is defined as including Blacks, Spanish Surnamed Americans,
Orientals and American Indians, and includes both minority men and minority
women.
2_/ In the event that any work which is subject to these Bid Conditions is per- -
formed in a year later than the latest year for which goals of minority utilization have
i been established, the goals for the last year of the Bid Conditions will be applicable
to such work.
i
i
i
from contractor to contractor or From ct
o ro a -t
P I o-projeot for the purpose of meeting the
contractor's goals shall be a violation of Part Ili, of these Bid Conditions.
If the contractor counts the nonworkinghours of trainees n
and apprentices in meeting
the contractor's goals, such trainees and apprentices must be employed by the contractor
during the training period; the contractor must have make a commitment to employ the
trainees and apprentices at the completion of their training subject to the availability
of employment opportunities; and the traines must be trained pursuant to training pro-
grams approved by the Bureau of Apprenticeship and Training for "Federal Purposes" or
approved as supplementing the NASSAU-SUFFOLK Plan. .
2. Specific Affirmative Action Steps. No contractor shall be found to be in
noncompiicnce with Executive rder 11246; as amended, solely on account of its failure
to meet its goals, but shall be given an opiportunity to demonstrate that the contractor
has instituted all the specific offirmative action steps specified in this Part Ii and has
made every good faith effort to make these steps work toward the attainment of its goals
within the timetables, ail to the purpose of expanding minority utilization in its ag-
gregate -work force in the NASSAU-SUFFOLK Plan area. A contractor subject to Part I
which fails to comply with its obligations u'nderlthe Equal Opportunity clause of its
contract (including failure to meet its fair 'share obligation if provided in the NASSAU-
SUFFOLK Plan) or subject to Part 11 which fails i!:to achieve its commitments to the goals
for minority utilization has the burden of proving that it Ihas engaged in a affirmative`
action program directed at increasing minor'oty utilization and that such efforts were at
least as extensive and as specific as the fol'lowin' g.
Q. The contractor should have not
i i
, fieri' minority organizations when employ
ment opportunities were available 1, and, should have maintained records of the
organizations' response
b. The contractor Q oP
should
have ivi
aintarned a file of the names and addresses
of each minority referred to it by any individual or organization and what action was
taken with respect to each such referred individual, and if the individual was not employed
by the contractor the reasons therefor. if such ;individual was sent to the union hiring
hall for referral and not referred bock by the union or if referred, not employed by the
contractor, the file should have documented this,' and the reasons therefor.
C. The contractor should have prom
i ptly notified the contracting. or admin- �
istering agency and the Office of Federal Contract Compliance Programs when the union
or unions with which the contractor has collective bargaining agreements did not n-fer to
the contractor a nninority sent by the contractor ',or when the contractor hod other infor-
motion that the union referral process has impeded efforts to meet its goals.
1 d. The contractor should hove disseminated its EEO policy within its organization
by including it in any employee handbook or policy manual; by publicizing it in com-
pany newspapers and annual reports, and by advertising such policy at reasonable intervals
in union publications. The EEO policy should be further disseminated by conducting
staff meetings to explain and discuss the policy; by posting of the policy; and by review of
the policy with minority employees.
e. The contractor should have disseminated its EEO policy externally by informing
and discussing it with all recruitment sources; by advertising in news media, specifi-
cally including minority news media and by notifying and discussing it with all subcon-
tractors.
f. The contractor should- hove mode both specific and reasonably recurrent written
and oral recruitment efforts. Such efforts should hove been directed at minority orcon-
izations, schools with substantial minority enrollment, and minority recruitment and training
organizations within the contractor's recruitment area.
g. The contractor should have evidence available for inspection that all tests and
other selection techniques used to select from among candiates for hire, transfer, promo-
tion, training or retention are being used in a manner that does not violate the CFCCP
Testing Guidelines in 41 CFR Part 60-3.
h. The contractor where reasonable should have developed on-the-job training
opportunities and participated and assisted in all Department of Labor funded and/or
approved training programs relevant to the contractor's employee needs consistent with
its obligations under this Part if.
i. The contractor should have made sure that seniority practices and job class-
ifications do not have a discriminatory effect.
j. The contractor should have made tertian that ail facilities were not segregated
by race.
k. The contractor should have continually monitored all personnel activities to
ensure that its EEO policy was being carried out including the evaluation of minority
employees for promotional opportunities on quarterly basis and the encouragement of
such employees to seek those opportunities.
1 . The contractor should have solicited bids for subcontractors from available
minority subcontracts engaged in the trades covered by these Bid Conditions, including
circulation of minority contractor associations.
NOTE: The Assistant Regional Administrator of the Office of Federal Contract
Compliance Programs and the compliance agency staff will provide technical assistance
on questions pertaining to minority recruitment sources, minority community organizations
and minority news media upon receipt of a request for assistance From a contractor.
3. Subseauent Signctor
y to the NASSAU-SUFFOLK Plan. Contractors that are
subject to the require—mants or' Part II at the time of the su mission of their bids which,
together with labor organizations with which they have collective bargaining agreements,
subsequently became signatory to the NASSAU-SUFFOLK Plan, either individually or
through an association, will be deemed bound to their commitments to the NASSAU-
SUFFOLK Plan From that time until and unless they once again become subject to the
requirements of Part 11 pursuant to Section A. 1-6.
4. Non-discrimination. In no event may a contractor utilize the goals and
affirmative action steps required by this Part If in such a manner as to cause or result
in discrimination against any person on account of race, color, religion, sex or national
origin.
Part III : Compliance and Enforcement. In all cases, the compliance of a
contractor will be determined in accordance with its obligations under the terms or"
these Bid Conditions. Therefore, contractors who ore governed by the provisions of
either Part I or Part II shall be subject to the requirements of that Part regardless of the
obligations of its prime contractor or lower tier subcontractors.
All contractors performing or to perform work on projects subject to these Bid Con-
ditions hereby agree to inform their subcontractors in writing of their respective obligo-
tions under the terms and requirements of these Bid Conditions, including the provisions
relating to goofs of minority employment and training.
A. Contractors Subject to Part 1.
1 . A contractor covered by Part I of these Bid Conditions shall be in compliance
with Executive Order 11246, as amended, the implementing regulations and its obligations
under Part 1, provided the contractor together with the labor organization or organizations
with which it has a collective bargaining agreement meet the goals for minority utiliza-
tion to which they committed themselves solely responsible for any final determination of
that question and the consequences thereof.
3. Where OFCCP Finds that a contractor has failed to comply with the requirements
of the NASSAU-SUFFOLK Plan and its obligations under Part I of these Bid Conditions, it
shall take such action and/or impose such sanctions as may be appropriate under the
Executive Order and its regulations. When the OFCCP proceeds with such formal action
it has the burden of proving that the contractor hos not met requirements of these Bid
Conditions. The failure of the contractor to comply with its obligations under the Equal
Opportunity clause shall shift to it the requirement to come forward with evidence to
show that it has met the good faith requirements of these Bid Conditionsby instituting at
least the specific affirmative action steps listed in Part II, Section 2. he contractor
must also provide evidence of its steps toward the attainment of its trade's goals within
the timetables set forth in the NASSAU-SUFFOLK Plan. The pendency of such formal
proceedings shall be taken into consideration by Federal agencies in determining
whether such contractor can comply with the requirements of Executive Order 11246,
as amended, as is therefore a "responsible prospective contractor" within the meaning
of basic principles of Fede al procurement law.
B. Contractors Subject to Part II In regard to Part II of these Bid Conditions,
if the contractor meets the goo s infihe NASSAU-SUFFOLK Plan, or can demonstrate
that every good faith effort has been make to meet the goal. In that event no Formal
sanctions or proceedings leading toward sanctions shall be instituted unless the Office
of Federal Contract Compliance Programs determines that the contractor has violated a
substantial requirement in the NASSAU-SUFFOLK Plan or Executive Order 11246,
as amended, and its implementing regulations, including the failure of such contractor to
make a good faith effort to meet its fair share obligation if provided in the NASSAU-
SUFFOLK Plan or has engaged in unlawful discrimination. Such violations shall be
• deemed to be noncomoliarce with the Equal Opportunity clause of the contract, and
shall be grounds for opposition of the scontions and penalties for in .Executive Order
11246, as amended.
2. The OFCCP shall review Part I contractors' employment proctices during the
Performance of the contract. Further, OFCCP shall be solely responsible for any
final determination that the NASSAU-SUFFOLK Plan is no longer on acceptable of-
firmative action program and the consequences thereof. The OFCCP may, upon re-
view and notice to the contractor and any, affected labor organization, determine
that the NASSAU-SUFFOLK Pian no longer represents effective affirmative action.
In that event it shall be set forth therein or can demonstrate that it has made every
good faith effort to meet these goals, the contractor shall be presumed to be in com-
pliance with Executive Order 11246, as amended, the implementing regulations and its
obligations under Part If of these Bid Conditions. In that event, no formal sanctions
or proceedings leading toward sanctions shall be instituted unless the contracting or
administering agency otherwise determines that the contractor is violating the Equal
Opportunity douse.
Where the agency finds that the contractor failed to comply with the require-
ments of Executive Order 11246, as amended,the implementing regulations and the obligations
under Part 11 of these Bid Conditions, the agency shall take such action and impose such
sanctions, which include suspension, termination, cancellation, and debarment, as may be
appropriate under the Executive Order and its regulations. - When the agency proceeds with
such formal action it has the burden of proving that the contractor has not met the goals
contained in Part II of these Bid Conditions. The contractor's failure to meet its goals shall
shift to it the requirement to come forward with evidence to show that it has met the good
faith requirements of these Bid Conditions by instituting at least the specific offirmctive
action steps listed in Part II, Section 2. The pendency of such proceeding shall be taken
into consideration by Federal agencies in determining whether such contractor can comply
with the requirements of Executive Order 11246, as amended, and is therefore a "'Respon-
sible prospective contractor" within the meaning of the basic principles of Federal
procurement law.
C. Obligations Aoolicable to Contractors Subject to Eiti;er Part I or Part 11.
It shall be no excuse that the union with which the contractor has a collective r-
gaining agreement providing for exclusive referral failed to refer minority employees.
Discrimination in referral for employment, even if pursuant to provisions of a collective
bargaining agreement,is prohibited by the National Labor Relations Act, as amended,
apd Title VII of the Civil Rights Act of 1964, as amended . It is the policy of the
Office of Federal Contract Compliance Programs that contractors have a responsibility
to provide equal employment opportunity if they wish to participate in federally in-
volved contracts. To the extent they have delegated the responsibility for some of
their employment practices to a labor organization and, as a result, are prevented from
meeting their obligations pursuant to Executive Order 1.1246, as amended, such contractors
cannot be considered to be in compliance with Executive Order 11246, as amended, its
implementing rules and regulations.
Part IV: General Requirements. Contractors are responsibie for informing
their subcontractors in writing, regardless of tier, as to their respective obligations under
Parts I and II hereof, as applicable. Whenever a contractor subcontracts a portion of
work in any trade covered by these Bid Conditions, it shall include these Bid Conditions
in such subcontracts and each subcontractor shall be bound by these Bid Conditions to the
full extent as if it were the prime contractor. The contractor shall not, however, be
held accountable for the failure of its subcontractors to fulfill their obligations under
these Bid Conditions. However, the prime contractor shall give notice to the Assistant :
Regional Administrator of the Office of Federal Contract Compliance Programs of the
Department of Labor and to the contracting or administering agency of any refusal or
failure of any subcontractor to fulfill its obligations under these Bid Conditions. A
subcontractor's failure to comply will be treated in the some manner as such failure by
a prime contractor.
2. Contractors hereby agree to refrain from entering into any contract or con-
tract modification subject to Executive Order 11246, as amended, with a contractor
debarred from, or who is determined not to be a "responsible" bidder for Government
contracts and federally--assisted construction contracts pursuant to the Executive Order.
3. The contractor shall carry out such sanctions and penalties for violation of
these Bid Conditions and the Equal Opportunity clause including suspension, termination
and cancellation of existing subcontracts and department from future contracts as may be
imposed or ordered pursuant of Executive Order 11246, as amended, and its implementing
regulations by the contracting or administering agency and the Office of Federal Contract
Compliance Programs. Any contractor who foils to carry out such sanctions and penalites
shall also be deemed to be in noncomplicane with these Bid Conditions and Executive
Order 11246, as amended.
4. Nothing herein is intended to relieve any contractor during the term of its
contract from compliance with Executive Order 11246, as amended, and the Eaual
Opportunity clause of its contract with respect to matters not covered in the NASSAU-
SUFFOLK Plan or in Part 11 of these Bid Conditions.
The procedures set forth in these Bid Conditions shall not apply to any
contract which the head of the contracting or administering agency determines is
essential to the national security and its award without following such procedures
I
s necessary to the national security. Upon making such a determination, the
agency head will notify, in writing, the Director of the Office of Federal Contract
Compliance Programs within thirty days.
6. Requests for exemptions from these Bid Conditions must be made , in writing,
with justification, to the Director, Office of Federal Contract Compliance Programs, U.S.
Department of Labor, Washington, D.G. 20210, and shall be forwarded through and
with the endorsement of the head of the contracting-or administering agency.
7. Contractors must keep such records and file such reports relating to the
provisions of these Bid Conditions as shall be required by the contracting or admin—
istering agency or the Office of Federal Contract Compliance Programs.
n �
COUNTY OF SUFFOLK
Q
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
JOSEPH T. SANSEVERINO GEORGE GATTA. JR.
COMMUNITY DEVELOPMENT DIRECTOR DEPUTY COUNTY EXECUTIVE
OFFICE OF COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT& PLANNING
MEMORANDUM
TO : All Consortium Members
FROM: Gay D . N. Mitchell
DATE : May 21 , 1993
RE : Federal Wage Rates
Enclosed please find a copy of Federal Wage Rates
#NY930013 Modification #6 issued on May 7 , 1993 .
This Wage Rate Schedule should be used for Community
Development projects in excess of $2 , 000 . It should be inserted
in both bid documents and contracts . Any previous Wage Rate
Schedules are now obsolete , and should be discarded .
If you should have any questions on the above , please do
not hesitate to contact me at 854-3737 .
GDNM/az
62 ECKERNKAMP DRIVE - (516) 979-8500
COMMUNITY DEVELOPMENT ■ SMITHTOWN, N.Y. 11787 ■ FAX NO. (516) 979-7126
r
General Decision Number NY930013
Superseded General Decision No. NY910013
State: New York
Construction Type:
Building
Heavy
Highway
Residential
County(ies) :
NASSAU SUFFOLK-
,
BUILDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION
PROJECTS (including single family homes and apartments up
to •and including 4 stories) , HEAVY CONSTRUCTION PROJECTS
(except water well drilling) , HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 02/19/1993
1 02/26/1993
2 03,/12/1993
3 03/19/1993
4 04/02/1993
5 04,/16/1993
6 05/07/1993
NY930013 1
1.
COUNTY(ies) :
NASSAU SUFFOLK
* ASBE0012A 01/01/1993
Rates Fringes
eSBESTOS/INSULATOR WORKERS :
SCOPE OF WORK: includes application of
all insulating materials, protective
coverings, coatings and finishing to
all types of mechanical systems. 27 . 72 11. 20
HAZARDOUS MATERIAL HANDLER:
SCOPE OF WORK: duties limited to:
preparation, wetting, stripping,
removal, scrapping, vacumming,
baggingand disposing of all
insulation materials, whether
" they contain asbestos or not,
from mechanical systems. 21. 66 4 .70
----------------------------------------------------------------
BOIL0005A 09/01/1992
Rates Fringes
BOILERMAKER $29 . 65 2 . 90+47%+a
FOOTNOTE:
a. PAID HOLIDAYS: New Years Day, Thanksgiving Day, Memorial
Day, Independence Day, Labor Day and Good Friday, Friday after
Thanksgiving, Christmas Eve Day and New Years Eve
----------------------------------------------------------------
BRNYOOOIB 05/01/1991
Rates Fringes
STONE MASONS 18 . 00 3 . 75
TERRAZZO & MOSAIC WORKERS 23 . 66 4 . 38
TERRAZZO & MOSAIC FINISHERS 15 .48 2 . 71
TILE SETTERS 24 . 605 5. 18
TILE FINISHERS 18 . 36 3 . 47
--------------------------------=-------------------------------
BRNY0030A 05/01/1991
Rates Fringes
MARBLE SETTERS :
Cutters & Setters 13 . 90 4 . 19+a
Carvers 14 . 48 4 . 19+a
Polishers 14 . 89 2 . 90+a
Crane operators ; Derrickmen 12 . 91 4 . 34+a
NY930013 - 2
z.-y
FOOTNOTE:
a. One half day's pay for Labor Day.
------------------------------------------------------------------
CARP0740A 07/01/1992
Rates Fringes
MILLWRIGHTS 23 . 79 18. 07
--------------------------------------------------------------------
CARP0890F 07/01/1992
CARPENTERS: Rates Fringes
Nassau County (except that part South
of the Southern State Parkway West of
Seaford Creek, also smithtoxrn Islip
dine on the East, Long Island Sound
on the North and Middle Island RR
track on the South:
Carpenters; Acoustical ; Drywall
Installers:
Building, Residential (under 2
stories) , Heavy & Highway 27 . 85 11. 45
-------------------------------------------------------------------
CARP0890G 07/01/1992
Rates Fringes
CARPENTERS : •
Nassau County (Remainder of
County) : 26. 66 13 . 50
------------------------------------------------------------------
CARP0890H 07/01/1992
Rates Fringes
CARPENTERS :
Suffolk County:
Building and Residential 26. 84 12 .40
Heavy & Highway 26. 89 12 .40
CARP1456J 07/01/1992
Rates Fringes
DIVERS 32 . 05 13 .50
DIVERS TENDERS 24 . 51 13 . 50
DOCKBUILIDERS 26 . 66 .13 . 50
PILEDRIVERMAN 26 . 66 13 . 50
SOFT FLOOR LAYERS 26 . 66 13 . 50
PAPERHANGERS 23 . 88 10. 48
------------------------------------------------------------------------
ELECO025B 05/01/1992
Rates Fringes
ELECTRICIANS 29 . 35 14 . 89
NY930013 - 3
. x
LINE CONSTRUCTION:
Lineman, Technician,
Heavy Equipment operator,
Truck Driver & Groundman
29. 35 14 .89
-------------------------
* ELECO025C 05/01/1992
ELECTRICIANS : Rates Fringes
Wiring. or single or multiple family
dwellings and apartments up to and
including 2 stories
Maintenance Unit 19 . 60 8 . 37
Telephone Unit 22 . 25 9 . 55
---------------------------------------21. 42 10. 09
-
ELEV0001B 07/01/1992
ELEVATOR CONSTRUCTORS Rates Fringes
HELPER 27. 77 8. 77+a
PROB. HELPER 20. 830 8 . 77+a
FOOTNOTES : 13 . 885
PAID HOLIDAYS:
a. New Year's Day, Independence Day, Lincoln's Birthday,
Washington's Birthday, Memorial Day, Labor Day,
Armistice Day, Thanksgiving Da Columbus Day,
yr
Christmas Day. Employees will notbeagranted timekofffvfrom ingand
bn Election Day for voting purposes except as otherwise p
vded
y law. Employer contributes 8% of basic hourlyrate for 5oyears
or more of service and 6% of the basic hourly rate for employees
with-6-months-to-5-years-of service.
ENGIO138A 06/01/1992
BUILDING CONSTRUCTION Rates Fringes
GROUP 1
...GROUP 2 21 . 47 16. 04+a
GROUP 3 21 . 885 16. 04+a
GROUP 4 22 . 01 16. 04+a
GROUP 5 22 . 035 16 . 04+a
GROUP 6 22 . 13 16. 04+a
GROUP 7 22 . 26 16. 04+a
GROUP 8 22 . 385 16. 04+a
GROUP 9 22 - 55 16. 04+a
GROUP 10 22 - 635 16. 04+a
GROUP 11 23 . 01 16 . 04+a
GROUP 12 23 . 06 16 . 04+a
GROUP 13 23 . 135 . 16 . 04+a
GROUP 14 23 . 16 16 . 04+a
GROUP 15 23 . 33 16. 04+a
23 . 385 16 . 04+a
NY930013 - 4
y
GROUP 16 23 . 535 16.04+a
GROUP 17 23 . 55 16.04+a
GROUP 18 23 . 56 16.04+a
GROUP 19 23 . 585 16. 04+a
GROUP 20 23 . 61 16.04+a
GROUP 21 23 . 71 16.04+a
GROUP 22 23 . 735 16. 04+a
GROUP 23 23 . 76 16.04+a
GROUP 24 23 . 81 16.04+a
GROUP 25 23 . 835 16.04+a
GROUP 26 23 . 86 16.04+a
GROUP 27 23 . 935 16. 04+a
GROUP 28 23 . 96 16.04+a
GROUP 29 24 . 01 16.04'+a
GROUP 30 24 . 09 16.04+a
GROUP 31 24 . 39 16.04+a
GROUP 32 24 . 81 16. 04+a
GROUP 33 25 . 035 16. 04+a
GROUP 34 26 . 43 16.04+a
NOTES:
Hazmat premiums: Level A 1.00
Level B 2 .00
Level C 3 .00
FOOTNOTE:
a. Paid Holidays: New Year' s Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Christmas bay, Lincoln's
Birthday, Washington"s Birthday, Columbus Day, Election Day,
and Veterans Day.
BUILDING CONSTRUCTION CLASSIFICATIONS
GROUP 1 Fireman
GROUP 2 Tower crane, oiler'
GROUP 3 Mechanical .compactors, hand operated; trench machine
GROUP 4 Oiler. , stemp chipper
GROUP 5 Engineer
GROUP 6 Powerbuggies
GROUP 7 Bending machine, dinky locomotive, generator, small
pump, well point, vibrator, 1 to 5
GROUP 8 Hydra hanner, ridge cutter
GROUP 9 Concrete saw or cutter. , mixer, 2 small with or without
skip, pump, up to 311 , tractor, caterpillar or wheel
GROUP 10 Bulldozer, used for excavation, fireman, loading
machine, powerbroom, scoop, carry all , scraper,
vac-all
GROUP 11 Striping machine
GROUP 12 Compressor, compresor, 2 or more in battery,
generator•, mulch., machine, pin puller, portable
heaters, pump, 4 inches or over, track tamper,
welding machine
GROUP 13 Grader
NY930013 - 5
..
GROUP 14 Curb machine, asphalt or concrete; curing machine,
pump, sumbersible, tower crane, maintenance man
GROUP 15 Roller, boiler, bulldozer, Compressor, on crane,
compressor, pile work, Compressor, stonesetting,
concrete breaker, conveyor, generator, pile
work, loading machine, front end, maintenance engineer
mechanical compactors, machine drawn, power winch
other than stone or steel , power winch, truck mounted,
not stone/steel , powerhouse, pulvi-mixer, Pump, double
action diaphragm, pump, gypsum, pump, hydraulic, pump
hydraulic, pump, jet; pump, single action 1 to 3,
welding and burning, welding machine, pile work
GROUP 16 Compressor, structural steel
GROUP 17 Forklift, walk behind, power operated
GROUP 18 Asphalt spreader
GROUP 19 Boom truck, Conveyor, multi, Crane, crawler or truck,
plant engineer, Stone spreader, self propelled
GROUP 20 Welding machine, structural steel
GROUP 21 Dredge
GROUP 22 Batching plant, on site of job, Power winch
stone or steel , Power winch, truck mounted, stone or
steel , Pump, concrete
GROUP 23 Forklift, Hoist, 1 drum, Interior hoist, Zamboni ice
machine
_GROUP 24 Hoist, 2 drum, Hoist, 3 drum
GROUP 25 Backhoe, Dragline, Gradall , Pile driver, Shovel
GROUP 26 Tank work
GROUP 27 CMI or maxim spreader, concrete spreader, Derrick,
Sideboom tractor, Trench machine
GROUP 28 Boom truck, setting structural steel/stone, Crane,
stone setting
GROUP 29 Scoop, carry all , scraper in tandem
GROUP 30 Sideboom tractor, used in tank work
GROUP 31 Tower crane, engineer
GROUP 32 Hoist, Tandem platform
GROUP 33 Lead engineer
GROUP 34 Hoist, multiple platform
----------- ------------------------------------------------------
ENGIO138B 06/01/1992
Rates Fringes
POWER EQUIPMENT OPERATORS
HEAVY AND HIGHWAY CONSTRUCTION
GROUP 1 26 . 110 16 . 04 + a
GROUP 2 24 . 635 16 . 04 + a
GROUP 3 24 . 380 16. 04 + a
GROUP 4 24 . 235 16. 04 + a
GROUP 5 24 . 225 16 . 04 + a
GROUP 6 24 . 010 16 . 04 + a
GROUP 7 23 . 985 16 . 04 + a
GROUP 8 23 . 950 16 . 04 + a
GROUP 9 23 . 895 16. 04 + a
NY930013 - 6
GROUP 10 23 . 845 16. 04 + a
GROUP 11 23 . 835 16. 04 + a
GROUP 12 23 . 735 16. 04 + a
GROUP 13 23 . 550 16. 04 + a
GROUP 14 23 . 510 16. 04 + a
GROUP 15 23 . 470 16. 04 + a
GROUP 16 23 . 430 16. 04 + a
GROUP 17 23 . 415 16. 04 + a
GROUP 18 23 . 375 16. 04 + a
GROUP 19 23 . 200 16. 04 + a
.GROUP 20 23 . 120 16. 04 + a
GROUP 21 22 . 825 16. 04 + a
GROUP 22 22 . 255 16. 04 + a
GROUP 23 22 . 110 16. 04 + a
GROUP 24 22 . 050 16. 04 + a
GROUP 25 21. 905 16. 04 + a
GROUP 26 21. 815 16. 04 + a
GROUP 27 21. 800 16. 04 + a
GROUP 28 21. 795 16. 04 + a
GROUP 29 21. 760 16. 04 + a
GROUP 30 21. 585 16. 04 + a
NOTES :
Hazmat premiums:
Level A 1. 00
Level B 2 . 00
Level C 3 . 00
Truck and Crawler Cranes long boom premiums:
boom lengths (including jib) 100-149 ft . 50
boom lenghts (including jib) 150-249 ft . 75
boom lenghts (including jib) 250-349 ft 1. 00
boom lengths (including jib) 350 ft 1.50
Cranes using clamshell buckets . 25
Front end loader 10 yds and above . 25
FOOTNOTE:
a. Paid Holidays: New Years Day, Memorial Day, Independence Day
Labor Day, Thanksgiving Day, Christmas Day, Lincoln' s Birthday
Washington's Birthday, Columbus Day, Election Day and Veterans's
Day.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1 Lead Engineer
GROUP 2 Tower Crane, Engineer; Scoop (carry-all , scraper in
tandem)
GROUP 3 Dragline; Gradall ; shovel ; Road Paver; Pile Driver;
Crane, stone setting; Backhoe ; Crane, structural steel
GROUP 4 Tank Work; Derrick; Sideboom Tractor (used in tank
work) ; Crane, on barge ; Batching Plant (on site)
GROUP 5 Power Winch (stone setting/structural steel) ; Trench
Machine; Hoist (3 drum) ; Power Winch (truck mounted -
.stone or steel)
GROUP 6 OMI or Maximum Spreader; Sideboom Tractor; Stone
NY930013 - 7
..k
,
Spreader (self propelled) ; Asphalt Spreader; Conveyor
(multi) ; Crane, Crawler or Truck; Concrete Spreader;
Boring Machine (other than post holes) ; Boom Truck;
Plant Engineer
GROUP 7 Loading machine (w/bucket more than 10 yards)
GROUP 8 Boring Machine (post holes)
GROUP 9 Welding Machine (structural steel) ; Compressor (stone
setting) ; Compressor (structural steel)
GROUP 10 Dredge
GROUP 11 Work Boat
GROUP 12 Generator (pile work) ; Hooist (2 drum) ; Loading Machine
(front end) ; Comrpessor (pile work) ; Powerhouse; Power
Winch (truck mount - other than stone o; Welding Machine
(pile work) ; Power Winch (other than stone/steel) ;
compressor (on crane)
GROUP 13 Mechanical Compactors (machine drawn) ; Roller (5 ton and
over)
GROUP 14 Boiler
GROUP 15 Pump (concrete)
GROUP 16 Compressor (2 or more in battery)
GROUP 17 Grader; Milling Machine (large) ; Milling Machine (small)
GROUP 18 Portable Heaters
GROUP 19 Hoist (1 drum) ; Pump (well point) ; Vac-All; Maintenance
Engineer; conveyor; Welding and Bruning; Pump (4 inches
or over) ; Loading Machine; Pump (hydraulic) ; Pulvi-
Mixer; Pump (jet) ; fork Lift; tower Crane, Maintenance
Man; Scoop (carry-all scraper) ; Concrete Finishing
Machine; Pump (submersibile) ; Curing Machine; Curb
Machine, Asphalt or Concrete; roller (5 ton and under) ;
Dinky Locomotive; Fireman; Bulldozer
GROUP 20 Powerboom
GROUP 21 Pump (single action 1 to 3) ; Pump (double action
diaphragm) ; Mulch Machine; Pump (gypsum) Welding
Machine; Pin Puller; Striping Machine; Compressor
GROUP 22 Powerboom
GROUP 23 Power Grinders; Ridge Cutter; Mixer (with skip) ; Hydra
Hammer; Fork Lift (walk behind, power operated) ;
Concrete Saw or Cutter; Concrete Breaker; Mixer (2 bag
or over with or without skip) ; Power Buggies; Mixer (2
small with or without skip)
GROUP 24..oiler, ori truck crane w/over 100 ft boom
GROUP 25 Vibrator, 1 to 5
GROUP 26 In-Shop Rate, mechanic
GROUP 27 Grinder; Oiler; Deck Hand; Root Cutter; Stump Chipper;
Track Tamper (2 engineers - each) ; Tower Crane, Oiler
GROUP 28 Generator (small)
GROUP 29 Mechanical Compactors (hand operated) ; Trench Machine
(hand) ; Bending Machine; Pump (centrifugal - up to 3
inches)
GROUP 30 Tractor (Caterpillar or Wheel)
----------------------------------------------------------------
IRON0040A 07/01/1992
Rates Fringes
NY930013 - 8
`....' NASSAU COUNTY
IRONWORKERS (STRUCTURAL) 24 . 00 25. 78
-------------------------------------------
IRON0046C 07/01/1992
Rates Fringes
IRONWORKERS (METALLIC LATHERS) 32 . 42 7 . 59
------------------------------------------
IRON0197A 01/01/1993
Rates Fringes
IRONWORKERS (STONE DERRICKMAN) 27 . 33 18 . 18
--------------------------------------------------
IRON0361A 07/01/1992
• SUFFOLK COUNTY Rates Fringes
IRONWORKERS (STRUCTURAL) 24 . 00 25.78
---------------------------------------------------------
IRON0580A 07/01/1992
Rates Fringes
IRONWORKERS (ORNAMENTAL) 24 . 60 19 . 55
----------------------------------------------------------------
* LAB00066A 01/01/1993
LABORERS: Rates Fringes
BUILDING
Laborers 21. 40 9 . 83
Plasterers tenders 20. 50 6. 10
---------------------------------------------------------------
LABO1298P 07/01/1992
HEAVY & HIGHWAY: Rates Fringes
Concrete & asphalt rakers
Asphalt workers & roller workers ;
asphalt top shovelers & smoothers ;
asphalt tampers 20. 72 260+4 . 35+a
Jackhammers and drill men;
carpenter's tenders ; pipe
joiners and setters ; concrete
laborers (structures) ; stone
spereading laborers; yard laborers
puddlers on concrete pavement;
asphalt plant (batcher & hoppermen) ;
all other wnskilled laborers (other
than above on concrete) 18 . 73 260+4 . 35+a
FOOTNOTE:
NY93001.3 - 9
a. New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, Martin Luther King, Jr.
Birthday, Washington"s Birthday, Columbus Days Veterans Day,
and Day after Thanksgiving Day. (If employee works the Holiday
it is double time. If employee does not work the Holiday, the
employee receives 2 hours additional pay for each day he works
in the holiday week) .
----------------------------------------------------------------
* PAIN1087A 07/01/1992
GLAZIERS: Rates Fringes
Glaziers 25 . 00 15.28
--------------------------------------------------------------
* PAIN1486A 05/01/1992
PAINTERS: Rates Fringes
Painters & drywall finishers 20. 68 11. 60
Spraying, scaffold or rolling
scaffold over 18 feet 23 . 15 11. 60
Sandblasting; structural steel 28 . 26 11. 60
Repaint of hospitals, schools
and apartment houses 18 . 09 10. 59
----------------------------------------------------------------
PLAS0001X 05/01/1991
Rates Fringes
PLASTERERS 14 . 75 5. 00
----------------------------------------------------------------
PLUM0200A 06/01/1992
Rates Fringes
PLUMBERS 29 . 37 11. 01
----------------------------------------------------------------
* PLUM0638A 12/30/1992
Rates Fringes
STEAMFITTERS 28 . 55 16 . 79
-------------------------------------------------------
ROOF0154A 10/01/1992
Rates Fringes
ROOFERS 21 . 89 10. 78
-----------------------
SFNY0638A 12/27/1989
Rates Fringes
SPRINKLER FITTERS $26 .30 $8 . 90
----------------------------------------------------------------
NY930013 - 10
SHEE0028B 02/01/1990
Rates Fringes
SHEET METAL WORKERS 27 . 58 10. 288+. 33
---------------------------------------------------
TEAM0282I 07/01/1992
TRUCK DRIVERS : Rates Fringes
BUILDING:
Asphalt 18 . 74 11. 2825+a+b
High Rise 21 . 90 12 . 71+a+b
HEAVY:
Euclids & turnapulls 22 . 495 12 . 76+a+b
FOOTNOTES:
a. Paid Holiday: Employees employed on December 24 and December
31 who report for work on such days shall be paid afternoon
holiday pay of four hours each day. Paid Holidays shall be
included for purposes of Vacation Credit. '-
For each 15 days worked with the contract year an employee
will receive one day vacation with pay, maximum vacation of 3
weeks per year. In addition, an employee who qualifies for
two weeks (10 days) vacation or more with pay and who has
been continuously employed by his employer for six years
before the close of any contract year, shall be entitled to
one extra day vacation; seven years before the close of any
contract year, shall be entitled to two extra days vacation;
eight years before the close of any contract year, shall be
entitled to three extra day vacation; nine years before the
close of any contract year, shall be entitled to four extra
day vaction; ten years before the close of any contract year
. or over shall be entitled to thred weeks paid vacation with
pay; but in no event shall any employee be entitled to more
than three weeks vacation pay per year.
----------------------------------------------------------------
WELDERS : Receive rate. prescribed for craft performing operation
to which welding is incidental dores.
----------------------------------------------------------------
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only
as provided in the labor standards contract clauses (29 CFR
5 . 5 (a) 1 (ii) ) .
END OF GENERAL DECISION
NY930013 - 11
U.S. DEPARTMENT OF LABOR
WAGE AND HOUR DIVISION
INSTRUCTIONS FOR COMPLETING PAYROLL FOAM, NN-341
General: The use of WH.347. payroll form. U not mandatory. This form hem been made available for the run. FRINGE BENEFITS — Contract-ars who pay all required fringe benefits: A contractor who pays fringe bendlis
venience of coniractors and subcontractors required by their Federal or Federally-aided construction-type contracts to approved plans• funds, or programs in amounts not less than were determined in the applicable rage decision
and subcontracts to submit weekly payroll. Properly filled out, this form rill satisfy the requirements of Regu- of the Secretary of Labor shall continue to show on the face of the payroll the bask cash hourly rate and over-
lesions. Pars 3 and S 429 CFR. Subtitle A). as so payrolls submitted in connection with contracts subject to the time rue paid to his employes jun as he has always done. Such a eontroclnr shall check paragraph 4(s)of the
Davis-Bacon and related Anis. statement on the reverse of the payroll to indicate that he is also paying to approved plans,funds,or programs
not Isis than the amount predetermined as fringe bandits for each craft. Any exceptions shall be noted in Section
This form meets need*resulting from the amendment of the Davis-Bacon An to include fringe handles provisions. 1(c).
Under this amended low, the contractor is required to pay not less than fringe benefits as predetermined by the
Department of Labor. in addition to payment of not Isis than the predetermined rats. The contractor's obligation Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee,and
to pay fringe benefits may be met either by payment of the fringes to the various plans,fundis, or programs or Insert in she straight time hourly rate column of the payroll, on amount not less than the predetermined rate for
by Ing Nese payments to the employee as cash in lieu of fringe. each classification plus the amount of fringe benefits determined for each classification in the applicable rage de.
cision. Inasmuch as it Isnot necessary so pay time and a half on cash paid in lieu of fringes, she overtime rate
Th syruil provides for the contractor-s shoring on the face of the payroll all monis paid to the employes, shall be not Isis than the sum of the basic predetermined raft,plus she half time premium on basic or regular rate,
whether as basic tats or as cash In lieu of fringes and provides for the contractor's representation in the state- plus the required cash in lieu of(rings at the straight time rate. In addition,the contractor shall check paragraph
ment of compliance on the rear of the payroll that he Is paying to others fringes required by the contract and not 4(b) of the statement on the reverse of the payroll to Indicate that he to paying fringe bandits In cash directly to
paid as cash In lieu of fringes. Detailed instructions concerning the preparation of the payroll follow: his employees. Any exceptions shall be noted in Section 4(c).
Use of Section 4(c),Exceptions
Contractor we Subcontractor: Fill in your firm's name and check appropriate boa.
Any contractor who is making payment to approved plans,funds,or programa In amounts less than the wage
determination rectal res is obliged to pay The deficiency directly to the employes as cash In lieu of fringes. Any
Address: Fill in your firm's address, exceptions to Section 4(a) or 4(b), whichever the contractor mpy check,shall be entered In Section 4(c). Fater In
the Exception column the craft,and enter in the Explanation column the hourly amount paid the employs as cash
Column 1 - Name. Address. and S.wisl Security number of Employee: The employee's full name must be shown in lieu of fringes and the hourly amount paid to plans,funds,or programs as fringes. The contractor shall pay,
on each weekly payroll submitted. The employee's address must also be shorn on the payroll covering the first and shall show that he Is paying to each such employee for all hours(unless otherwise provided by applicable
week in which the employee works on the project The address need not be shown on subsequent weekly payrolls determination) worked on Federal or Federally assisted project an amount not lase than the predetermined rate
unless his address change. Although not required by Regulations. Parts 3 and S.space is available in the name plus cash in lieu of fringes as shown In Section 4(c). The rate paid and amount of cash paid In lieu of fringe
and address section so that Social Security numbers may be listed. bandits per hour should be entered in column 6 on the payroll. See paragraph on•Contractors who pay oto fringe
bandits'for computation at overtime rale
Column 2 - Withholding Exemptions: This column Is merely inserted for the employer's convenience and is not
•requirement est Regulations,Parts 3 and S. Column 7 - Cruse Amount Earned: Fater gross amount earned on tints project. If pan d the employees'weekly
wage was turned on projects other than the project described on this payroll,enter In column 7 first the amount
earned on the Federal or Federally assisted project and then the gross amount earned during the weak on all
Column 3 - Work Classificslions: Liss classification descriptive of work actually performed by employees. Con- projects,thus 963.00/120.00.
wit as$ cuiuns and minimum wage schedule set forth in contract specifications. If additional classification*are
d necessary, sae Contracting U icer or Agency representative Employee may be shown as having worked Column B.- Deductions: Five columna are provided for showing deductions made. If more than five deductions
•in than one classification provided accurate breakdown of hours iso worked is maintained and shown on should be involved• use first 4 columna;show the balance of deductions units 'fhIs r' column; show actual teal
submitted payroll by use of separate line entries. under 'Total Deductions* column: and In the attachment to the payroll describe the deductions contained in the
'Ocher' column. All deductions must be in accordance with the provisions of the Copeland Act Regulations,29
CFR. Pan 3. If the employs worked on other jobs In addition to this project,show actual deductions from his
Column 4 - Hours Worked: On all contracts subject to the Contract Work Hours Standards Act trier as over- weekly gross rage,but indicate that deductions are based on his gross wages.
time hours all hours worked in excess of 6 hours per day and 40 hours a week.
Column 9-Net Wages Paid for Week: Self-am plan story.
Column S-Total: Self-explanatory.
Totals Space has been left at the bottom of the columna so that Iotas may be shown if the contractor to devices.
Column 6 Rate of Pry-including Fringe Benefits: In straight lime boa,list actual hourly rate paid the employer
for sirstfjlt time worked plus any cash in lieu of fringes paid Ike employee When recording the straight time Statement Required by Rerulattons. Pans 3 and S: While this form need not be notarized,the statement on the
hourly rale, any cash paid in lieu of fringes may be shorn separately from she basic rate. Nus {3.25/.40. This back of the payroll is subject to the penalties provided by 16 USC 1001,namely,possible Imprisonment for S
Is if assistance In correctly computing overtime Ss'Fringe Benefits' below. In overtime box show overtime hourly years or 110.000.00 fine or both. Accordingly,the party signing this required statement should have knowledge
rate pad, plus any cash in lieu of fringes paid the employs. Ste 'Fringe Benefits' below. Payment of not less of the fans represented as true.
than time and one-half Ike basic or regular rate paid is required for overtime under the Contract Work Hours
Standards An of 1962. In addition to prying not less than the predetermined rate for(he classification in which Space has been provided between items (11 and (21 of she statement for describing any deductions made. If all
the employs Turks, the contractor shall pay to approved plans,funds• or programs or shall pay as cash in lieu deductions made are adequately described in the 'Deductions' column above,stair 'Ste Deductions column In this
of fringes amounts predetermined as fringe benefits in she rage decision made part of the contract. Set'FRINGE payroll' See paragraph entitled 'FRINGE BENEFITS' above for insirunions concerning filling out paragraph
BENEFITS'beluw. 4 of the statement.
Form WH 3/71not IIf66)
U.S.DEPARTMENT OF LABOR PAYROLL Fem Appmo e&
WAW AND AND HOUR DIVISION Mild Bum.No ii•R►Ms
(Far Contractor's Optional Use;See Instruction,Form WH•117 InEI.)
NAME OF CONTRACTOR OR SUBCONTRACTOR ❑ ADDRESS -
.PAYROLL NO. FOR WEEK ENDING :. OPR
JECY AND LDMAnnN PROJECT OR CONTRACT NO
/11 .., 211 131 r 141 DAY AND DATE - 13/ lel 171 lel lel
�74{ a DEDUCTIONS NET
NAME.ADDRESS,AND S r WORK 0 TOTAL RATE GR06.f WAGES
SOCIAL SECURITY NUMBER IdS CLASSIFICATION HOURS Of PAT AMOUNT WrtH TOTAL PAID
OF EMPLOYEE P EARNED FICA MOLD-NG OTHER
it O HOURS WORKED EACH DAY TAXFOR WEE%.
O
S
O
1 S
i 5 g g t i l I I g 1
10
f
1 i
6
i
0
E `
0
S
0
S
0
6
FCRJA WH-Sar 111b1-FORIAER6Y SOL IM-PUACHASETHIS FORM DIR£CTLI'FROM THE SUFE-0F DOCUMENTS -
Date In the contract have bum or will be made to appropriate programs for las
benefit of such employes,incept as noted to Section 4(c)below.
1. ,
(None of olanalory party) (71ae) (b)WHERE FRINGE BENEFITS ARE PAID IN CASH
do hereby date: ®—Each laborer or mechanic listed In the above referenced payroll has been
paid, as Indicated on the payroll, an amount not las than the sum of the
(I) That I pay or supervise the payment of the persons employed by applicable basic hourly wap rate plus the amount of the required fringe
benefits as listed In the contract,accept as noted In Section 4(c)below.
on the
(Contraelor or mbcostraclor) (boddlas orwork)
(e)1LXCEPTIONB
that during the payroll period commencing on the
day of 19_,and ending the_day of .18 EXCEPTION CRAF EXPLANATION
all persons employed on said project have been paid the full weekly wags earned,that so rebates
have been or will be made either directly or Indirectly to or on behalf of said
ICoatraeeor or subcontroctort from the fan
weekly wags earned by any person and that no deductions have been made either directly or
Indirectly from the fail wages earned by any person.other than permtsdble deductions as define
In Regulations, Part 3(29 CFR Subtitle A).Issued by the Been"of Labor under the Copeland
Act, as amended(48 Sul 848.63 8tal. 108,72 Slat. 967;76 SIAL"7.40 U.S.C.276c),and dsa-
cribed below:
(2) That an REMARKS
y payrolls otherwise node this contract raqulrsd b be submitted for the above
period are correct and complete; that the wage rats for laborer or mechanics contained theria
are not les than the applicable wage rats contained in any wage determination Incorporated lab
the contract;that the classifications ad forth therein for each laborer or mechanic conform with tha
• work he perform ed
(3) That any apprentices employed In the above period are duly registered to a boom Ade
apprenticeship program registered with a.&ate apprenticeship agency recognized by the Burma
of Appraticembip and 'raining, United Stales Department of Labor,or If so much ncogdsed
agency exists in a State, are ngldered with the Bureau of Apprenticeship and Training,Untbd
States Department of Labor.
(4) That: NAME AND TITLE SIGNATURE
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS,
OR PROGRAMS
oTHE WILFUL FALSIFICATION Of ANY OF THE ABOVE STATEMENTS MAY SUSIECT THE CONTRACTOR
_ In addition to the basic hourly wags rates paid to each laborer or mechanic WC SU ON rre1 OF TITLE SI OF THE UNITED STATES CODE PROSECUTION. {E[SECTION 1001 OF TITLE to AND
listed In the above referenced payrol4 payments of bingo beadits as listed
00 .u--Is�lm-c mrco
U. S. DEPAR1 MENI. Of LABOR 1`00 TIILV t-MPLt1Y'• FNT t ((tVI IMP AIIrA ISAVZA(IIS 1 A} 1 CI,-Itlif NI f:i�ni 7 al l'i irir :19 nuO
Employment Standards Adlttinistratinn,OFCCP IITIL17AI lON IIFPOIIY
-- -------- - -----'— --- —_—q _—._, _ —:ri-r- --7-*— -- * MINORITY: rR(0Mr
J Ti11 repnrl is rrquirrd by Faeculive Order �T74G,SeC.Tu I,FAlillle 11)Iepprt Carl►eSlllr 111 r.011iraf.ls VP(nn T FMI'Llly[IIS I II NrI. - - - - -
eancelird,lerminaled or smiterttled In whole or in part and the ronleactor rrtay be declared inaligihlp for
further Government contracts of federally assisted conslntction conlraels. FEMALE: TO:
---- ---------
NAME ANO LOCATION OF CONTRACTOII '1 I I)(11A1.
• f 1 INI)IN1:
AW NC
5• 6. WORK 1101)11S OF EMPLOYMENt (Federal& Non-Federal) 1n.
Ra. Gb. fic. Grl. fir. i. B. TOTAL I TOTAL
CONSTRUCTION TOTAL ALL BLACK ASIAN Ott AMEIIICAN NUMREII OF NIthillF11 OE
EMPLOYEES INnl of ITISPANIC PACIFIC INDIAN MIN01111 Y
TRADE Clesslllcatbns OR MINORITY FEMALE EMPLOYFFS_ FMPI OYFrS
BY TRADE Ilispanic Origin) ISLANDERS ALASKAN PERCENTAGE PERCENTAGE
NATIVE
M F M l F M F MF M F M F M F
-- - -- — --
1011f1cy worker
APPRENTICE I
TRAINEE
SUBTOTAL
Journey worker _-----
APPRENTICE i
TRAINEE . ._ ._ _ !
SUB-TOTAL
JOIIrnrV worker
APPRENTICE
IRAINEE
SUB-TOTAL
Jw,rnry worker - — - - - -- - - - — - - -- -- - -I- - -
APPRENTICE
TRAINEE
SUBTOTAL
.Oontney vvttrkor .. - -- - - ..._ --• --
APPRENTICE I
TRAINEE
SUb-TOTAL
i�
TOTAL.IOURNEY WORKERS I
TOTAL APPRENTICES
TOTAL TRAINEES
GRAND TOTAL
11.COMPANY OFFICIAL'S SIGNATtfnE AND TITLE 17.. TELEPIIONF NUMRFfI ltncludp sten endel 13.DAIS SIGNED PAGF
(1F
0
MR APPnOVAI. NO.44 111396" - FftnM(:C 7!,)Illev 9/7Ill
INSTRUCTIONS-FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT (CC-257)
The Monthly Utilization Report is to be completed by -each subject contractor (both prime and sub) and signed by a
responsible official of the company. The reports are to be filed by the 5th day of each month during the term of the
contract, and they shall include the total work-hours for each employee c)assification in each trade in the covered area
for the monthly reporting period.*The prime contractor shall submit a report for its aggregate work force and collect
and submit reports for each subcontractor's aggregate work force to :he Federal compliance agency that has Executive
Order 11246 responsibility. (Additional copies of this form may be obtained from the U.S. Department of Labor,
Employment Standards Administration,OFCCP's regional office for your area.)
Compliance Agency . .. . . .. . . . .... . . . . . .. . . . . . . . . . . . .US. Government agency assigned responsibility for equal employ.
rent opportunity. (Secure this information from the contracting
officer.)
Federal Funding Agency ... . . . . . . . . . . . . . . . . . . . . . . . . . . .US. Govertuent agency funding profeer (in whole or in part). If
more than one agency.:ist all.
Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4nv cbntraltor who has a construction contract with the US.Gov.
ernment or a contract funned in whose or-in pert with Federal
funs.
Minorrty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Incivaes Blacks. Hispanics. American Indians, Alaskan Natives, and
Asian and Pacific Islanders—ooth men and women.
1. Covered Area . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .Geograonsc area ieentdied in Notice required under 4/ CFR 604.2.
2. Empiover's Identification Nut Mass, . . . . . . . .. . . . . . . . . . . .Federal Social Security Number used on Erno-over's Quarteriv Fea-
oral Tax Return (US.Treasury Department Form 941).
1 Current Goals(Minonty& Female) . . . . . . . . . . . . ... . . . . ..See contras Notification.
4. Reporting Period ... . . r.:. . . . . . . . . . . . . . . . . . . . . . . .Monthly, or as directed by the comoliance agency. beginning with
the effective ante of the contract.
S. Construction Trade, . . . . . . . . . . . . . . . .. . . . . . ... . . . . . .Only %hoe eonstrueaon crafts which contractor employs in the
covered area.
6. Work-Hours of Employment lee) . . . . . . . . . . . . . . . . . . . . .a. The total number of male pours and the total numoer of female
hours worked by emosoyeas in each classification.
b.-a. TTIe total_numoer of male pours ana the total number of
female hours worked by each soecifiee grouo of minority empiovees
in each aasstfication.
Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The level of usomosishment or status of the worker in the trace
(Journey Worker,Aoorentice,Trainee)
7. Minority Percentage . . . . : . . . . . . . . . . . . . . . . . . . . . . . . .The pereentaoe of total minority worK hours of all work-hours(the
sum of columns 6b. 6c. 5d. ana 6e divided by column 6a: lust one
figure for earn construction trace).
8. Female Pereentage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .For each trace the number reported in 6a. F divided by the sum of
vie numoers recorteo in Ga.M an* F.
9. Total Number of Employees . . . . . . . . . . . . . . . . . . . . . . . .Total number of mase and total number of femme empiovees work-
ing in coon classification of each trade in the contractor's aggregate
work force during reporting period.
10. Total Number of Minority Employees . . . . . . . . . . . . . . . . .Total numoer of mase minority employees ane total number of
female minonty ernolovees working in each classification in each
trace in the eontracor's aggregate work force outing reporting
period.
6500.3
'`r� z4hlbit 1
rAa1.
M'STRUCTIaN C33=ST dna CO2MRACTORS: f=ING
LABOR STAXO RW CONTRACT REgVIREMENTS
I. IIiTEODUCTIO�. The following checklist has been prepared to assist
contractors and subcontractors in meeting contractual labor standards
responsibilities. `11 major administrative and procedural activities
have beet covered in the sequence they will occur as the construction
project proceeds. Careful.attention to and use of the checklist should
result in a mini== member of problems with respect to labor standards.
11. EXPLOAT017 ROTES. The word"employer" as used below refers to the
project contractor, each subconrractor, or each lower-tier subcontractor.
Payrolls and other documentary evidence of ccuiplianoa (marked with
.� (asterisk) are required to be sent to the recipient for review (all to
be submitted throurh the project contractor). The delivery procedure is
as follows:
A Each lower-tier subcontractor, atter careful review, submits required
documents to the respective subcontractor.
B. Each eubocntractor, atter cherY� his own and those of each lower-
tier subcontractor he may have, submits required documents to the,
contractor.
C. The contractor, after reviewing all paymlla and other documentation,
including his own, and correcting violations where necessary, submits
all to the recipient.
All employers should check each-of the following statements as being
true. If enY statement is not true, the contractor or his representative
MUD. eA.O.C.
Page .1 of 14 9/75
• E '
6500.3
NOW
2.
iahould contact the recipient fai- special Caidaaoe.
• • IM B CV+.V+ayV11Wa br-737i ELCH m.'lUM Eg
,i. Bot been debarred or othexaire made 1ne71801e to partici-
pate is any Yederal or hedge ®listed project,.
B. Received a4propriate contract Provisions covering labor
standavda requirements.
(:. Reviewed and understands a7.1 labor standards contract
prorlAiams
7). Received the wage decision as pkrt of the ocatract.
79. Requested through the recipient and received the einizmzz
wage for each classification to be voxked ion the project
which was not included an the wage decision bg the additional
clasnificaticn process and beicre.anoving any such trade(s)
to welt am the project.
• l�'. Requested and received certifiaLtion of his apprentice pro-
7
ro---
from the State's Bureau of Apprenticeship and Traiu:ing
cognized by USW)
and submitted copy thereof to the recipientL prior to saploy-
meat cn the yrs ect. llk wtie, '!trainee'" program oertifi-
cetica from U. S. B. A. T. if applicable, jmzst be submitted.
u
IR�9br/on4�o
9/75 Page l 43 11
6500.3
i./ Ddubrt
3.
Iv. AT COIiS'MMTION START THE OONTRAC.'OR ESS:
+► L. Notified recipient of construction start date iz writing.
B. Asn placed each of the following an a bulletin toard prominently
locited on the project site which can be seen easily by the
workers (and replaced if lost or unreadable any time during
construction): .
Wage Decision
Notice to Employees (VH 1321)
Safety and Health Protection on the Job (DOI)
C. Before assigning each project votker to work, has obtained
worker's name, beat mailing add_-ess, and Social Security
Humber (for payroll purposes).
• D. Has obtained a copy of each app.-entice's certificate with the
apprentice's registration number and his year of apprentice—
ship Bion the State BST.
B. Has informed each worker of:
1. his work classification (3oarneyman or job title) as it
rill appear on the payroll.
i
MJD�.DL
Page 3 of 14 9/75
Y
6500.3
Exhibit 1
2. his duties of work. —
• 3. the II. S. Department of Labor's requirement on this
project that he is either a journey=, apprentice,
or laborer -
If journeyman, he is to be paid journeyman's
wage rate or More;
If apprentice, he is to be paid not less than
the apprentice's rate for the trade based on
his year of apprenticeship; or
If laborer, he is to do laborer's work only-
not use any tool or tools of the trade - and
not perform any part of a journeyman's work
and is to be paid the laborer's wage
rate or more.
IN Understands the requirements that each
laborer or mecPsnic who performs work an the project in
more than one classification within the same work week
shall be classified and pait at the higbsst wage rate
applicable to any of the work which he performs unless
the following requirements are mets
1. Accurate dal, time records shall be maintained. These
records must show the time worked.in each classifica-
tion and the rate of pq for each classification, and
—at be -'good b7 the workman.
9/75 Page 4 of 14
6500.3
%moo, Exbibit 1
- r
2. The payroll shall show the hours worked in each
classification and the wage rate paid .or each
classification.
3• The payroll shall be signed by the voz�==,or a
signed copy of the daily time record ahall be attached
thereto.
G. Eas informed each worker of his burly wages
(not less than the minir.m wage rate for his work which is
stated in the Wage Decision).
1. time, and a half for all work over 8 hours any day
or over 40 hours any work week (see Contract Work
Hours Safety Standar-ds Act).
2. fringe benefits, if aa, (see Wage Decision for any
required).
3. deductions from his M.
H. Has informed each worker that he is subject
to being interviewed on the job by the recipient or a Hm,
Department of Labor, or other U. S. Government inspector,
to canfl= that his employer is complying with all labor
requirements.
I. Has informed each journeyman and each
apprentice that a journeyman must be on the job at all
- c
times when aR apprentice is working.
V. DVBIlQG COR5T80CTIOH
L. Each Employers
1. has not selected, assigned, paid dif.ereat pay rates
- to, transferred, upgraded, demoted, laid off, nor '
rr� IUDA46he D.C.
-75
Page 5 of 14 9
6500.3
• - 6.
dismissed any project worker because of race,
color, religion, sex, or national origin. _
2. bas employed all registered apprentices re:erred to
him through ao=mal channels up to the applicable
ratio of apprentices to journeyman in each trade
used by the employer.
3. will maintain basic employ.Bat records accessible
to inspection by the recipient or U. S. Government
representatives.
4. is complying with all baalth and-safety standards.
5. has paid all workers weekly. --
e 6. has submitted weekly payrolls.
a. Prepared an recommended Porro WE-347:
Available from -
Superintendent of Documents
=` GoverMent Printirg Office
Washington, D. C. 20402
Contractors who wish to purchase the forms sha11
be urged to enter their orders promptly because the
Shperiuteadsnt of Docents takes six weeks to fill
orders. It is permissible for contractors to
reproduce the forms if '.he-v wish.
Some =Ploys= Place all project workers on Payroll -
Porn WE-347.• The recipient does not review those
project workers listed on the payroll who perform
WO-1 which is descriptive of any of the following
job titles which are exempt from labor requirements:
9/75 Page 6 of 14
6500.3
7•
project superinteaden't
project engineer
supervisory fore=
(lose than 20%i of time as s working for'&=)
messenger
clerical workers
timekeepers
Payroll clerks
bookkeepers
,day alternate payroll" foo aged should be cleared
with EM before employer starts work On project. A
project printout by computer, for ezemple, 14
acceptable provided all data shown and required an
the front and back of Payroll Poo WE-347 is on, or
included with, payroll submitted to recipient.
b. Prost Page of Payroll (Poo WE--31+7)
Heather (6 "blocks" of information)
1) Name of Eployer. Same of employer is stated,
showing whether contractor or subcontractor.
2) address. Street address or P. 0. Boz, Citi,
State, sad Zip Code of Bmployer is stated.
3) Payroll fiber• Each weekly payroll is numbered
in sequential order (starting with Payroll NO-
T
o.
.f employer's workers perfoa no physical
work on the project during work week, be has
submitted a "no work" letter for that work
week. —'
1 �uas..r.oc 9/75
Page 7 of 14
65d0.3s—� t: i
Mdiibit 1
. 8.
Payroll of employer's final work week on
the project (c=
p].etion of his work) is
marked "Final/.
4) For Weer. FLdir a. The last date of the wori.
week is stated in this "block",.
5) Project and Location. Name of project and
city in which located is stated.
6) Column 1 - Worker Is Fame, as it appears on
his pay check, is stated.
Workers's best mailing address and social
securitynumber is stated
of
i P 11 Ao
1
� II
or the payroll on which his name first
appears.
If worker obsages his residential
address wb ild working on
thej
ro ect
p
his now•axUress is sated on next appli-
cable payroll.
If any two or more workers have the same
name, their.social security numbers are
included on the
payroll to notes separate
identification.
7) Column 2 - No. of Withholdinur aemutions is
for'employer's convenience - not required by
to
EM to completed.
8 Columa - The Work
) 3 � Classification (job
iR19-��a�,ILC:.
9/75 Page of 14
- - as � •
6500.3
mdzihit 1
title) for the worker is incluied it the
Wage Decision and denotes the work that
worker actually performed.
Note: L the applicable classification
is not included is the Wage Decision,
contractor should call the recipient
immediately, and request classifica-
tion by Additional Classifioati=.
Apprentice. If worker is an apprentice,
his'State W registration nurber =d year
of apprenticeship is included in this
column the first time the app_entice's
name appears on the payroll.
:.. Split Classification. If worker has per-
formed more than one class of work during
the work week, such as carpenter and laborer,
the division of work will be shown an
separate lines of the payroll.
Accurate daily time records show the
exact hours of work perforred daily in
each class of work, and are 'signed by
the affected workman.
'✓� MJQ-WNk.D.C.
�.r..� Page 9 of 14 9`75
6500.3
't 1
10.
Each class of work he perfo=ed is
stated is Colum 3-in separate "blocks".
Ris rams is repeated in corrssponri
"blocks" in Column 1.
The breakdown of hours vo=ted daily wader
each vozk classification is stated is
Col=m 4, and total for week in Col= 5.
The applicable wage rate for each classi-
fication of voric is stated in Colli— 6.
The payroll is signed by the vorkraa in
the related "blocks" or a signed cop7 of
the daily time records are attached to
the payroll.
If the above is not done, the vorker is
paid at least the highest wage
rate of all of the classes of voac per-
forned for all hours worked.
Notes
Average Pay of Two Classes of Work Not Accepted.
The employer sball not pay a "seal-jouae3^-an" or
semi-skilled laborer the average of jou=ne7msn's
and laborer's rates. The actual hours each worker
Uses tools of trade (journeyman) and each hoar be
does not use tools of the trade (laborer) cost be
MUD Ve.i.O.C.
9/75 Page 10 0. 14
1
6500.3
11.
recorded in separate "blocks" in Column 3 of
the payroll.
Ee:oe=. The work classification of "helper"
is not accepted by the Depar=ent of fi4D, un-
less included in the Wage Decision issued by
the Secretary of Labor for the project. Any
employee listed as "helper" in absence of
such classification in Wage Decision must be
paid the journeyman's rate for hours he uses
tools of the trade.
9) Column 4 - Hours Worked, Each Day- and Date, for
wry/ vork week are stated.
Overtime Eou_-s ("0"), if any, are states
separately from straight hours ("S") - over
:8 hours any day or over 40 hours any wo=k
reek.
10) Colu= 5 - Total Hours worked during the work
veek are stated (the sum of subcolumos in Column
4) - straight and overtime hours recorded
separately.
11) Colum 6 - Rate of Pay, not less than the
MIZ11-+M vage rate for the Mork classification
(see Wage Decision) is stated.
The Overtime Rate of Pay is not less than
1-1/2 times the worker's basic (straight)
hourly rate of pay (bontract Work flours
r� Nw wenh.D.C.
Page ll of 14 9/75
65003 '
12.
Safety Standards Act).
App_ =entices. If a copy of the apprentice's
registration certifieate from the State W
has not been s'sbmitted to recipient by employer
(through contractor), apprentice cunt be paid
3oumeyman's rate.
PiecWorker. Piece work must be stated in
Colin 6 at an hourly rate, the g=oes pa, for
the work week (wo=k amt the project) divided by
the total number of hours worked on the project
during the wo=k week.
Column 7 - Gross Jcount Earned equals straight
` "•_=" hours shown in Column 5 time straight rate of
pq shown in Column 6, plus overtime hours (if
anY) S'o'wn in Coluan 5 times Overtime rate of
pay shown in Coluaa 6.
12) Column 8 - Deductions. Each deduction made is
required by lav,
voluntarily authorized by the worker in
writing before the wo=k week began, or _
provided in a bargaining agreement to be
deducted from the respective worker's.pay. _
13) Column 9 - Net Wages stated ars Column 7 minus
• total deductions shawa in Column 8.
9/75 IU)-WoA.O.C.
P&P 12 of 14
' 6500.3
- �ihit 1
L..i
13.
C. Back of Payroll (Pom W 347)
1) Each Employer has:
completed all blank spaces zad understands
the penalties for falsifi;ation.
checked Its: 4 if fringe benefits are in-
eluded in the Wage Decision for any of his
workers -
4(a) - if fringe benefits are paid to
a-proved fund(s), or
4(b) paid'directly to each affected
vorker - included in pay check for
the,vork week - his paycheck repre-
senting at least the pay of the appli-
cable ,.j„t,.„m Wage rate plus the
anoint of required fringe benefits.
manually signed the payroll in the "block"
narked signature, and stated his title.
The person who signed the payroll is the
employer or an official of the employer who
legally is authorized to act for the employer.
d. Weekly Payroll Review. Each employer has promptly:
reviewed the weekly payroll for compliance with
all labor requirements (using this check list)
- KID-week.D.G.
'� Page 13 of 14 9/75
a
6500.3
:•:
®®
14
and made necess-
corrections.
i
Eac®Mier Subcontractor has submitted
his weekly p ll or 1°no work" letter to
the respective s-sbcontractor for the sub-
contractor to have received within 3 calendar
fro
Mi the days last date Of the.
. e work week.
Each Subcontractor has received a payroll or
"UO work" l.et er froi each of his lower-tier
subs
cntractor , reviewed each and
his
own
'PF4Yro119 xti. d necessary _I
q a�sy corrections,` and
submitted all of such paayzolls to the con-
tractor to have received within 5 calendar �s
days _^rom the last mute of the work week.
Contractor has received. a payroll of "no --
work" letter Brom each subcontractor and
each lows
_ r-tae�r subcontractor, monitored �
each including his own payroll, required
necessary s
corrections,. � � and collectively
.submitted them to the recipient within
7 work days of the last date of the
respective watr week.
71. AMM PROJECT Col+pLMIOB
Each Employer villa
keep all weekly payrolls On the project for3 years after the
ccmtractOr°s protect completion, date. n
9/75wMa,o
Page 14 01: 4
- 4 '
CONTRACTING OPPORTUNITIES FOR MINORITIES AND FEMALES
NAME OF PROJECT:
PROJECT NUMBER:
MUNICIPALITY•
COMPANY NAME:
ADDRESS:
TOWN, STATE, ZIP:
SIGNATURE:
TITLE: DATE:
PERIOD OF CONSTRUCTION: FROM TO:
month year month/year
Is your company minority or female owned? yes no f
Is your company subcontractingjany part of this contract, to a minority or
female owned business? yes F-1 no r-1
If you answered yes to either question above, please check each box that applies
to your company:
Male Female M
Black. C7 Hispanic
Native American 0 other specify
Amount of Contract $
Check each box that applies to your sub-contractor
male M female
black M Hispanic
Native American other specify
Amount .of Subcontract $ -
Contractor I.D.
Sub-contractor I.D. #
Federal Libor Standar Provisions U.S. Department o*ousing
and Urban Development
' i r
Applicability
The Project or Program to which the construction work covered by this WJO or its designee shall refer the questions,including tre views Of all
contract pertains is being assisted by the United States of America and the crested parties and the recommendation of HUD or its cesignee,to the
lollowing Federal labor Standards Provisions are included in this Contract Adminivrator 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.m Minimum Wages.All laborers and mechanics employed or work- 1-UD or its designee or will notity HUD or its designee wr^tin the 30-day
ing upon the site of the work(or under the United States Housing Act of period tint additional time is necessary. A
(Approved by the Office of Man-
1937 or under the Housing Act of 1949 in the construction or development agemer and Budget under OMB Control Number 1215-014o.)
of the project),will be paid unconditionally and'not less often than once a (d)The wage rate(including fringe benefits where appropriate)
wee and payroll pout subsequent
e t deduction or rebate on any account(except cetermired pursuant to subparagraphs(1)(b)or(c)of this paragraph,shall
such permitted by regulations issued by the to 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 -act 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 (iQ Whenever the minimum wage rate prescrbec in me contract for a
time of payment computed at rates not less than those contained in the sass 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 sated it the wage determination or shall pay another bona fide fringe
be alleged to exist between the contractor and such laborers and tPnefit or an hourly cash equivalent thereof.
mechanics.Contributions made or costs reasonably anticipated for bona (n)ff 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.Vie contractor may consider as part of the wages of any laborer Cr
of laborers or mechanics are considered wages paid to such laborers or rechanic the amount of any costs reasonably anticipated in providing
mechanics,subject to the provisions of 29 CFR75.5(a)(1)(iv);also,regular bona fide fringe benefits under a plan or program,Provided,That the
contributions made or costs incurred for more than a weekly period(but Secretary of tabor has found,upon the written request of the contractor,
not less often than quarterly)under plans,funds,or programs,which cover _ t--at 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. a:count assets for the meeting of obligations under the pan or program.
Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget uncer OMB Control
and fringe benefits on the wage determination for the classification of work Number 1215-0140.)
actuary performed,without regard to skill,except as provided in 29 CFR 2.Wtthholdin HUD or its designee u
Part 5.5(ax4).Laborers or mechanics performing work in more than one w• 9 g Pon its own action or upon
written request of an authorized representative of ttte Oe anrnent of tabor
classification may be compensated at the rate specified for each classifica- withholc or cause to be withheld from the contramor uncer tnis contract or
tion 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 Federaliy-assisted contract subject to Davis-Bacor 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(axtxii)and axrued 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 ernp!oyed by the contractor or any subcontractor Me full amount of wages
accessible place where it can be easily seen by the workers requirec by the contract In the event of failure to pay any laborer or
(iQ(a)Any class of laborers or mechanics which is not listed in the nechar c,including any apprentice,trainee or helper.employee or working
wage determination and which is to be employed under the contract shall on tt-.e see of the work(or under the United States Housirg Act of 1937 or
be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or develooment 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,cher written notice to the contractor,sponsor,applicant or owner,
(1)The work to be performed by the classification requested is not ake such action as may be necessary to cause the suspension of any
performed by a classification in the wage determination;and %rther 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 notce to tie contractor,dis-
industry,and Wrse 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
roller 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 Housfng Act of 1937,or under the Housing Act of 1949,in the construction
and Hour Division,Employment Standards Administration,U.S.Department or deve+opment of the project).Such records shall contain the name,
of tabor,Washington,D.C.20210.The Administrator,or an authorized address,and social security number of each such worker his or her cor-
representative,will approve,modify,or disapprove every additional classifi- sect classification,hourly rates of wages paid(including rates of contribu-
cation action within 30 days of receipt and so advise HUD or its designee -ors or costs anticipated for bona fide fringe beneftrs or cash equivalents
or will notify HUD or its designee within the 30-day period that additional -ereof of the
time is necessary.(Approved by the Office of Management and Budget weekly
n described in Section 1(b►(2►(Bf of trim ace a d con Act), -
cady an„weekly number of hours worked,deductions rade and actual
under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5
(e)In the event the contractor,the laborers or mechanics to be ,a»1 rlrvi that the wages of any laborer or mechanic inctuoe the amount of
employed in the classification or their representatives,and HUD or its ary Coss reasonably anticipated in providing ber.efis uncer a plan or pro-
designee do not agree on the proposed classification and wage rate gram aescribed in Section 1(b)(2)(B)of the Davis-Bacon Act,the contractor _
(including the amount designated for fringe benefits,where appropriate), sna;;maintain records which show that the commitment to provide such
Previous Edition is Obsolete
HUD-4010(2-84)
(HB 1344.1)
es.
benefits is enforceable,that the plan or programancialt responsible,Y Po , apprentice.The allowable rano of apprentices to jouhlf"t"eymen on the lob site
and that the plan or program has been communicated in writing to the in any craft classification shah 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 pro-riding such benefits.Contractors worker listed or a payroll at ar 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 registraton of the apprentices and trainees, work actually performed.to acdition,any apprentice performing work on
and the ratios and wage rates prescribed in the applicable programs. the lob site in excess of the rano Permitted under the registered program
(Approved by the Office of Management and Budget under OMB Control stall be paid riot less Man the applicable wage rate on the wage determi-
Numbers 1215-0140 and 1215-0017.) nation for the work act•ally performed.Where a contractor is performing
Rq(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 parry, 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, teed 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 rhe registered program for the apprentice's
submitted shall set out accurately and completely,all of the information le+el 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 Su fringeenet
Y P Superintendent of Docu- 'program.t(We apprenticeship program does not specify fringe benefits,
ments(Federal Stock Number 029-005-00014-1),U.S.Government Printing apprentices must be paid the fill amount of fringe benefits listed on the
Office,Washington,DC.20402.The prime contractor is responsible for the 'wage detenminaton 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 'the event the Bureau of A
pprenticeship and Training,or a State Appren-
classification,fringes shall be paid in accordance with that determination.I
(b)Each payroll submitted shall be accompanied by a"Statement n.
1215-0149.) of Appren-
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 n 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)(7 and tnat such permitted to work at less than the predetermined rate for the work per-
information is correct and complete. I formed unless they are employed pursuant to and individual) registered
(2)That each laborer or mechanic(including each helper, ymain
� 9 Per, a program which has received prior approval,evidenced by formal certifi-
apprentice,and trainee)employed on the contract during the payroll period caton 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
rectly from the full wages earned,other Man permissable deductions as set gaining 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 at percentage of the journeyman hourly rate specified in the
applicable wage rates and fringe benefits or cash equivalents for the clas., 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-
tion incorporated into the contract, ram does riot mention fringe benefits,trainees shall be paid the full
(c)The weekly submission of a properly executed certfication set amount of fringe benefits listed on the wage determination unless the
forth on the reverse side of Optional Forth WH-347 shall satisfy theadministrator of the Wage and Hour Division determines that there is an
requirement for submission of the"Statement of Compliance"required by apprenticeship program assoc ated 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 xray subject the f`rirge benefits to.,apprentices.Any employee listed on the payroll at a
contractor or subcontractor to civil or criminal prosecution under Section tra nee rate who is not registered and participating in a training plan
1001 of Title 18 and Section 231 of rite 31 of the United States Code. approved by the Employment and Training Administration shall be paid not
(ii)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.(Q of this section available for inspection,copying,or actalty 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 tabor,and shall permit such representativesto interview no less than the applicable wage rate on the wage determination for the
employees during working hours on the job.If the contractor or subcon-', fork actually performed.In the event the Employment and Training Admin-
tractor fails to submit the required records or make them available.HUD ist ation withdraws approval of a training program,the contractor will no
or its designee may,after written notice to the contractor,sponsor,appli Jjorger 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 ui Equal employment opportunity.The utilization of apprentices,
records available may be grounds for debarment action pursuant to 29 tra:nees 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.m Apprentice and Trainees.Apprentices.Apprentices will be per amended,and 29 CFR Part 30.
mitted to work at less than the predetermined rate for the work they per. S.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 deference 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 co-tracts the clauses container 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 trier clauses as HUD or its designee may by appropriate instructions
employment as an apprentice in such an apprenticeship program,who is rlegwre.and also a clause requiring the subcontractors to include these
not individually registered in the program,but who has been certified by the causes in any lower tier subcontracts.The prime contractor shall be
Bureau of Apprenticeship and Training or a State Apprenticeship Agency, responsible for the compliance by any subcontractor or lower tier subcon-
(where appropriate)to be eligible for probationary employment as an tractor with all the contract clauses in 29 CFR Part 5.5.
HUD-4010(2-84) a>
7.Contracts len,,enation;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 maybe grounds for termination of the contract and fo :ebar- pay for all hours worked in excess of eight hours in any calendar day or in
ment as a contractor and a subcontractor as provided in 29 CFR! '2. excess of forty hours in such workweek,whichever is greater.
8.Compliance with Davis-Bacon and Related Act Requirement<t All rul- (2)Violation;liability for unpaid wages;liquidated damages.In the
ings and interpretations of the Davis-Bacon and Related Acts contained in evert 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 accor- territory)•for liquidated damages.Sich liquidated damages shall be com-
dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individL al 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 tne sum of 810 for each calendar day on
designge,the U.S.Department of Labor,or the employees or their which such individual was require✓or permitted to work in excess of eight
representative& hours or in excess of the standard workweek of forty hours without pay-
10.m 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 firth 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 actor.or upon written request of an autho-
Bacon Act or 29 CFR 5.12(ax1)or to be awarded HUD contracts or partici- rized representative of the Departrrent 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-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
(ii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor
Criminal Cade,18 U.S.C.1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set
1010.Title 18,U.S.C.."Federal Housing Administration transactions",pro- forth in subparagraph(2)of this paragraph.
vides in part"Whoever,for the purpose of. . .influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any
action of such Administration. . . makes,utters or publishes any statement subcontracts the clauses set forth in subparagraph{1)through(4)of this
knowing the same to be false . . shall be fined not more than 55,000 or paragraph and also a clause requiring 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 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 whict 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 para-
(2)The Contractor shall comp:y 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
ment of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisiors 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 acyon 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 com- shall direct as a means of enforcing such provisions.
HUD-4010(2-84)
Pub. Law 93-383 - 16 - August 22. 1974
ei site. 6.0
O �e.Won 3669 of the Itersed Statutes, as amended (31 Ii-S.C.
• 711), is amended by adding at the end thereof a new paragraph as
follows:
"(22) For payments required from time to time under contracts
entered into pursuant to section 103 of Lhe Iiousing and Community
Antos V. ter• I)eveloponent Act of 1974 for payment of interest tests on obligatiota
guaranteed by the Secretary of IIousing and Urban Development
under that section."
42 USC 53oe0 (g) With respect to any obligation issued by a.unit of gencral•local
government or designated armee which such unit or A ency las
elected to issue as a taxable ob!ibn^tion pursuant to subsection (e) of
this section,the interest Maid on such obii-tion shall be included in
grvst income for tlw purpose of chapter I of the Internal Revenue
GIA State S. Cede of Iv&L
26 Usc 1 ]t0.`rntat LL•rLSrO:r
• �t s�e3.
422 IMC sea. Sr- 109. (a) No person in the Unitech States shah on the ground
of race,color,national origin.or sex be excluded from participation ra,
fit denied the benefits of,or be sub'ected to discrimination under any
program or activity funded is w9ole or in part with funds made
available under this title.
(b) Whenever tlae Secretarr determines that a State or unit of
general local government which is a recipient of assirt=ce ender this
title has failed to comply with subsection (a) or an applicable regula-
tion,he shall notify the Governor of such State or the chief executive
otiicer of such unit of local vovemment of the noucampliance and shall
request the Governor or the rlaief,extectire officer to secure compliance.
If within a reasonable period;'at line, not to exceed save daps, the .
Governor or the chief•executive;oCcer fails or reit:»•to secure. ,. t
compliance,the Secretary,is authorized to.(1) refer theznatter to the
Attorney Generalwith s meomtttendation that an appeopriate-civil. •r:.
action be instituted; (2} exercise tht posers and•faLetions provided.:
by title VI of the Civil Rights .%xvof 19" (V 1:.&C.* 1Utle1); (3)
exercise tiro powers and furtai0ns provided for is section 11IZa •of.
this Act•, or (4) take such other action-u may be praerided by law.
(c) When a matter is referred to tlx Attorney General pursuant to
subacctioa (b), or whenever he has reason to believe that a.State
government or unit of general local;overnment iseng-iged in a patters -
or practice in violation of the provisions of this section.the Ittorney
General may bring a civil action in any appropriate United States
district court for such relief as may be appropriate, including
injunctive relieL
lases arisaruaa
42 USC $310. See. 110. All laborers and mechanics employed by contractors or
• subcontractors in tie performance of construction wort financed in
whole or in part with grants receiver under this title shall be paid
wages at rates not less than thoar prevailing on similar construction in
the locality as determitrKl by the Secretary of filter is accordance
with the havis•liacon.Act. as amended (iO L;.S.C.276a-2746a-3):
Provided, That this w!ctiott•shall apply to the rehabilitation of
re eatial prnp.rty only if such property is desi^med for residential
use for eight or more families The Secretary of Leborshall have,with -
respect to such Gabor standards,the autGnruy and fowdons set forth
in ltcor.•anixatien Plan \umi,ered 14 of IPSO (13 F.R Z1TG;64 Stat
S USC app. 12GT)-and section 2 of the Act of June 13,1234,as asendrd (48-Stat
40 USC 276e. 948;40 U.S.C.279(c)).
Requirements for Contractors
(See Rules and Regulations, Title 24, Part 135, Federal Register, October 23, 1973)
PURPOSE
In the administration of any HUD funded program, to the greatest extent feasible:
(i) opportunities for training and employment arising in connection with
the planning and carrying out of any project assisted under any sucn
program be given to lower income persons residing in the area of such
pro ect, and
contracts for work to be performed in connection with any such project
be awarded to business concerns which are ocated in or owned in
substantial part by persons residinq in the area of such oro ect.
REQUIREMENTS
I• Section 3 Affirmative Action Plan
A. Identification of Affirmative Action Officer, by name.
B. Identification of firm or contractor, contracting agency -and-
contract
total dollar amount, scope of work, contract number,
project number, description of project area, etc. )
C. Employment
1. Trainees
a. A listing by work categories of (i ) total number of
trainees to be utilized; (ii ) number of those already
on permanent work force; and (i11 ) number of those
to be recruited and employed from project area;
b. A detailed description of s ecific means to be utilized
to recruit project area residents , Including specific
WR
ation of area orvanizat�ons. advertising media,
ement, etc. ;
C. Statement explain that contractor will maintain a list
07"' project residents applying and records indicating
status of action taken with reasons for such.
2. Skilled Employees
Same as a. ,b. and c. above.
-1-
0. Businesses, Subcontractors , W ndor°s , etc.
I . Listina. of each category f goods and services to be util z
i ed,
on subject contract, alon with estimated dollar amount value'
of each; .- v
2. Listing of dollar value Planned to be awarded project.ro ' c� area
usinesses , subcontractors , vends etc. ;
3. Detailed description of specific means to be taken to publicize,
advertise, noti f_y,, etc. „area businesses , etc. , of opportunity
to become subcontractors, etc. ; indicate specific organizations
contacted, advertisements p aced, E,tc. ;
4. Records of actions taken to implement above-described plan, a' d
reasons for such;
5. Insertion in bid documents/negotiation documents of contractors
affirmative action ola,n,. o oject area description, etc.
E. Statement that all reports,, records , etc. , relating to the
imolem
en
to ti
ON
of this _
s Secti on 3 Plan will 1 be n
,_ poen and available far
insoection to authorized r,epresentative�s or the upoartment of Housinq
and Urban Oevelooment the,l _coon ractinLaaaency.
F. Statement that the Rules and Rulations
9 , Title 24, Part 135, will be
Posted consoicuously in office and Places frequented by employees ,
aUl i cants, `prospective subc7 n ractors , vendors, etc.
G. Statement that the contractor nd the Affirmative Action Officer will
cooperate with the Oepartm'ent f Housing and Urban Development in
complying with the Section', 3 R gulations.
H. Statement that the contractor 4ill submit whatever reports are
required by the Department', of iousing and Urban Development.
SPECIAL NOTE
- The Assistant
Secretary for Equal
a E
o '1 '
q Opportunity has been delegated the
functions of the Secretary of Housinq and Urban Development in administerira
programs pursuant to Section 3. The Asi� stant Secretary for Equal Opportunity
will issue such further `regulations'', in onnection with his/her responsibilities
under Section 3 of the Housinq and Urt Devel lg2ment Act of 1968 12 U.S.C. as
amended, 1701u. , as he/she finds aporo iate and may, as needed, amplifyany
reaulations iissued pursuant to Section through guide Ines , handbooks
circulars or other means. -
Require, in consultation w th the Administrator of the Small
Business Administration,7 at to t7e greatest extent Basi e ,
contracts for work to be ,p rformed in connection with any such
project be awarded to busi ess concerns including but not limited
to individuals or firms do ng business in the field of planning,
consultina ` desion, archit cture, building construction, rehabili-
Cation, maintenance, or ire a�-ir, whIch are located in or owned , in
substantial oart by oerson r=siding in the area of such oro ect.
y _
(b) In the development of these regulations the Secretary has
consulted with the Secretary of Labor and the Administrator of
the Small Business Administration and mutual agreement has been
reached with respect to the coordination of employment and training
efforts and contracts awards under these regulatnt
of Housing and Urban Development, the Deoartment or LdDor, and the
Small Business Administration.
(c) The regulations as set forth in thisp art, particularly Subparts
C and D of this part, shall serve to define to the reatest extent
feasible" as that term is applied in section 3 of the Housing an
Urban Development Act of 1968.
(d) The Secretary will issue such further regulations in connection
with his responsibilities under section 3 of the Housing and Urban
Development Act of 1968, as he finds -appropriate and may, as needed,
amplify any regulations issued pursuant to section 3, through guide-
lines , handbooks , circulars or other means.
5 135. 5 Definitions.
As used in this part --
(a) "Abplicant" means any entity seeking assistance for project
including, but not limited to mortgagors . developers , legal public
bodies, nonprofit or limited dividend soonsors , builders, Pr
prooerty managers.
(b) "Business" concerns located within the section 3 covered project
area" means those individuals or firms located within the relevant
section 3 covered Project area as determined pursuant to 7,735. 1-5,
listed on the Department' s registry of eligible business concerns ,
and which Qualify as small under the small business size standards
of the Small Business Administration.
(c) "Business concerns owned in substantial part by persons residing in
the section 3 covered project area"means those business concerns
which are 51 percent or more owned by Persons residing__;w ithin the
relevant section 3 covered project as determined pursuant to j 135. 15,
owned by persons considered by the Small Business Administration to be
socially or economically disadvantaged, listed on the Department's
registry of eligible business concerns, and which qualify as small
under" the small business size standards of the Small Business
administration.
(d) "Contracting party" means any entity which contracts with a contractor
for the performance of work in connection with a section 3 covered
project.
(e) "Contractor" means any entity which performs work in connection with
a section 3 covered project.
3-
•
(f) "Department" means the Department of Housing and Urban Development.
(g) "Lower income resident of the area" means any individual who resides
within the area or a section 3 covered project and whose fami y income
does not exceed 90 percent or the median income in the Standard
Metr000litan Statistical Area (or the county if not within a SIMSA) in
which the section 3 covered project is located.
(h) "Political jurisdiction" means a politically organized community
with a governing body having general government powers .
(i ) "Recipient" means any entity who received assistance for a project
including, but not limited to, mortgagors , developers , local public
bodies, nonprofit or limited.
(j) "Secretary" means the Secretary of Housing and Urban Development.
(k) "Section 3" means section 3 of the Housing and Urban Development
Act of 1968, 12 U.S.C. 1701u.
( 1) "Section 3 clause" means the contract provisions set forth in
s 135.20(b).
(m) "Section 3 covered project" means any nonexempt project assisted
by any program administered by the Secretary in which loans , grants ,
subsidies, or other financial assistance are provided in aid of
housing, urban planning, develo ment, redevelopment, or renewal , public
or community facilities , and new community development except where
the financial assistance available under such orocram is solei in
the form of insurance or guaranty Projects, contracts and subcontracts ,
connected with programs administered by the secretary under sections 235
and 236 of the National Housinq Act, as well as any Public Housing
Program and which do not exceed $500,000 in estimated cost are
exempted from the r uirements of this part, as is any subcontract
Of M,000 or under on such projects or contracts in excess oT7770,000.
(n) "Subcontractor" means any entity (other than a person who is an
employee of the contractor) which has agreed or arranged with a con-
tractor to undertake a portion of the contractor's obligation or the
performance of work in connection with a section 3 covered project.
s 135.10 Delegation to Assistant Secretary for Equal Opportunity.
Except as otherwise provided in this part, the functions of the Secretary
referred to in this part are delegated to the Assistant Secretary for
Equal Opportunity. The Assistant Secretary is further authorized to
redelecate functions and resoonsibilities delegated in this section to
employees of the Oeoartment, orovided, however, that the authority to issue
rules and regulations under S 135. 1 d may not be rede egated.
-4-
T
w
h
S 135. 15 Determination of the area of a section 3 covered project.
(a) The area of a section 3 covered project shall be determined as
follows:
(1 ) The boundaries of a section 3 covered project located:
(i ) Within a geographic area designated as an urban renewal
area pursuant to the provisions of title I of the Housing Act
of 1949, 42 U.S. C. 1450; or
(ii ) Within a geographic area desienated as Model Cities areas
or Metropolitan Development Plan areas pursuant to the
provisions of title I of the Demonstration Cities and Metropolitan
Development Act of 1966, 42 U.S.C. 3301 ; or
( iii ) Within a geographic area designated as an Indian reservation
(to include all territory within reservation boundaries , including
fee patented roads, waters , bridges and lands used for agency
purposes) , shall be coextensive with the boundaries of that
geographic area.
(2) The boundaries of a section 3 covered project not located within
a aeoara hic area desienated pursuant to Title I of the Housing
ct of 1949, or Title I of the Demonstration Cities and Metronolitan
Development Act of 1966 shall be coextensive with the boundaries of
the smallest political jurisdiction in which the project is located.
(3) To the extent that goals (established pursuant to Subparts B , C,
and 0 of this part) cannot be met within a section 3 covered project
area as determined pursuant to paragraph (a) (1 ) of this section,
the boundaries of the smallest political jurisdiction in which the
section 3 covered _project is located shall be designated as the
relevant section 3 project area. The determination to apply this
subparagraph shall be made by the Assistant Secretary for Equal
Opportunity or by the same official designated by the Assistant
Secretary for Equal Opportunity to determine the section 3
covered project area pursuant to paragraph (a) (1 ) of this section.
(b) The Department' s Regional Administrator, Area Office Director, or FHA
Insuring Office Director, as appropriate, shall determine the boundaries
of each section 3 covered project.
S 135.20 Assurance of compliance with regulations.
(a) Every contract or agreement for a grant, loan, subsidy, or other direct
financial assistance in aid of housing, urban planning, development,
redevelopment, or renewal , public or community facilities, and new
community development, entered into by the Department of Housing and
Urban Development with respect to a section 3 covered project shall
contain provisions requiring the applicant or recipient to carry out the
provisions or section 3, the regulations set Torn in this part, and
any applicable rules and orders of the Department issued thereunder
prior to approval of its application for assistance for a section 3
covered project.
-5-
(b) Every aoolicant, recipient, contracting party, contractor, and
subcontractor shall incorporate, or cause to be incoroorated, in all
contracts for work in connectiO n with a section 3 covered project, the
following clause referred to ai s a section 3 clause).
A. The work to be performed under this contract is on a project assisted
under a program providing 'dir•ect Federal financial assistance from the
Department of Housing and 'Urban Development and is subject to the
requirements of section 3 'o•f° the Housing and Urban Development Act
of 1968, as amended, 12 U.S.CJ 1701u. Section 3 requires that to
the greatest extent feasible opportunities for training and employ-
ment be given lower income residents of the project area and contracts
for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial part by persons residing
in, the area of the. project.
B. The parties to this contr'ac't will comply with the provisions of said
section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and Urban Development set forth in 24 CFR, and all
applicable rules and orders of the Department issued thereunder.
76-
!IMPORTANT PLEASE READ
PURPOSE OF THE SECTION 3 PLAN
This plan exists in order to insure that to the greatest
extent feasible a good faith effort will be made to:
1 - Provide an opportunity for training and employment to
low-moderate income residents of the project area.
2 - Provide businesses located in the project area with the
opportunity to become subcontractors and/or vendors.
In order to accomplish the above all potential contractors
must sign the Contractor's Compliance Form contained in this section.
In addition all potential contractors must complete the Contractor's
Section 3 Plan. This plan indicates what actions, if any, are proposed
for hiring project area residents and for subcontracting with project
area businesses. A list of organizations concerned with the employment
of project area residents is included in this Section in order to assist
you when filling out the Contractor's Section 3 Plan.
Also included in this Section is a Trainee Utilization Plan
and a Skilled Employee Utilization Plan. The successful bidder must
complete these 2 forms.
PLEASE NOTE: The successful bidder is the one with the lowest bid. Each
bidder however must sign the Contractor' s Compliance Form and complete
the Contractor's Section 3 Plan.
*e:
Project No:
Location:
STATEtdENT OF COPIPLIANCE
Training, Employment, land Contracting Opportunities
for Businesses ' and Lower Income Persons
A. The project: assisted under this (contract agreement) is subject to
the requirements of sect:i.onl 3 of the Housing and Urban Development
Act of 1968, as amended,, 12 'U.S.C. 1701u. Section 3 :requires that
to the greatest extent feasible opportunities for training and
employment be given lower income residents of the project area and
contracts for work in connection with the project be awarded to
business concerns which are located in or owned in substantial part
by persons residing in ,the area of the project.
B. Notwithstanding any other pirovision of this (contract)(agreement) ,
the (applicant) (recipient;) shall carry out the provisions.of said
section 3 and the regulations issued pursuant thereto by the
Secretary set forth in 24 C7 Part 135 (published in 38 Federal
Register 29220, October 23,' 1973) , and all applicable rules and
order of the Secretary issued thereunder prior to the execution
of this (contract)(agreement). The requirements of said regulations
:include but are not limited) to development and implementation of an
affirmative action plan fori utilizing business concerns located
within or owned in substantial part by persons residing in the area
of the project: the making of a good faith effort, as defined by the
regulations, to provide training, employment, and business oppor--
tunities required by section 3; and incorporation of the "section
3 clause" specified by Section 135.20(b) of the regulations in all
contracts for work in connection with the project. The (applicant)
(recipient) certifies and 'algrees that it under no contractual
or other disability which would prevent it from complying with
these requirements.
C. Compliance with the provisions of section 3, the regualtions set
forth in 24 CFR Part 135, ar d all applicable rules and orders of
the Secretary issued thereunder prior to approval by the Government
of the application for thisl (agreement) (contract) , shall be a
condition of the Federal financial assistance provided to the
project, binding upon the (applicant:) (recipient) , its successors
and assigns. Failure to .fulfill these requirements shall subject
the (applicant)(recipient), its contractors and subcontractors,
its successors, and assigns to the sanctions specified by this
(agreement)(contract) , and'to such sanctions as are specified by
24 CFR Section 135.135:
Company Name:
Address:
��- Official Signature
NYAO-EO:GEM/res 6-14-74 T ed Printed
yP
CO TRACTOR'S SECTION 3 PLAN
1 Name of Firm
Address
Phone #
2 - Project Name/Description
Project Location
Please use additional sheets if needed.
3 - EmploYment
a - Do you expect to hire any project area residents?—Yes—NO
b - If yes how many? Trainees
Skilled Employees
Total
c - What organizations, if any, from the attached list
do you intend to notify?
d - What publications will you use for employment notices?
1
4 - Subcontractors
a - Do you expect to use project area businesses as
subcontractors or vendors? YES NO
b - If yes how many?
c - What businesses-, iflany, from .he project area will you
request bids from?
Plan prepared by
Name Position
Date
SKILLED EMPLOYEE UTILIZATION PLAN
If more space is needed please continue on other side of page.
CONTRACTOR'S NAME:
ADDRESS:
TELEPHONE:
PROJECT NAME:
ADDRESS:
I - Total number of skilled employees to be utilized on this project?
Please list by work category.
# OF SKILLED EMPLOYEES- WORK CATEGORY
2 - Total number of skilled employees currently on your permanent work
force? Please list by work category.
# OF SKILLED EMPLOYEES WORK CATEGORY
3 - Total number of skilled employees currently to be recruited and
hired from the project area?
# OF SKILLED EMPLOYEES WORK CATEGORY
DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE
UI + A,
TRyINEE UTILIZATION PLAN
If more space is needed, please continue on other side of page.
CONTRACTOR'S NAME:
ADDRESS:
-7—
TELEPHONE:TELEPHONE: _
PROJECT NAM:
ADDRESS:
1 - Total number of trainees, to be utilized on this project? Please
list by work category.
# OF TRAINEES WORK CATEGORY
2 - Total number of trainees cu.rl'rently on your permanent work force?
Please list by work categoryl.
# OF TRAINEES WORK CATEGORY
3 - Total number of trainees currently to be recruited and hired from
the .project area?
# OF TRAINEES WORK CATEGORY
DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE
ORG NIZATIONS CONCERNED WITH
THE . `IPLOYMENT OF PROJECT AREA
'LOW INCOME RESIDENTS
The Long Island Affirmative Action Programs, Inc.
150 Route 110
Melville, N.Y. 11746
New York State Department of Labor
Employment Offices:
75 E. MainStreet, Riverhead, N.Y. 11901
1800 New York Avenue, Huntington Station, N.Y. 11746
117 Main Street, Bridgehampton, N.Y. 11932
63 Park Avenue, Bayshore, N.Y. 11706
State Office Building, Hauppauge, N.Y. 11787
55 Medford Avenue, Patchogue, N.Y. 11772
La Union Hispanica
244 -E. Main Street
Patchogue, N.Y. 11772
Economic Opportunity Council of Suffolk, Inc.
98 Austin Street
Patchogue, N.Y. 11772
CHAPTER IV
CONTRACTORS RESPONSIBILITIES
I. General Resnonisibilities of Contractors
A. General Oblieations
Contractors bidding on non-exempt Federally involved
construction contracts should carefully review the General requirements
relative to affirmative action and non-discrimination stipulated in. the
Equal Employment Opportunity (EEO) Clause and -the Federal EEO Bic
Conditions, where applicable, which incorporate the voluntary minority
utilization plan (Hometown Plan) and/or impose minimum minority untili-
zation goals and timetables on contractors.
Upon award of the Federally involved construction
contract the contractor will be bound by the requirements of the
EEO Clause and applicable Federal EEO Bid Conditions and must be able
to demonstrate compliance with those requirements, including the designa-
tion of a high level company official to assume the responsibility for
the contractor' s EEO Program.
B. Notification of Specific Responsibilities
Subsequent to award, but prior to the initiation of
construction on a covered Federally funded or assisted contract, the
prime contractor and all known subcontractors will be notified by the
Federal Compliance Agency, which awards or administers the contract, of
the specific reporting and record -keeping requirements under the EEO
Clause (See 60-1 ) and Bid Conditions (See Appendix II) .
-2- {
C. Notification of Subcontractor
Each prime contractor and subcontractor shall include
by reference the EEO Clause and applicable Bid Conditions in all
advertisements or other solicitations for bids, and shall include
the EEO Clause and applicable Bid Conditions in all contracts.
Each prime contractor and subcontractor must provide
written notice to each subcontractor of the specific reporting and
record keeping requirements under the EEO Clause and applicable Bid
Conditions. Upon award of a subcontract, each contractor shall
immediately notify the Compliance Agency of the contract number,
the subcontractor's name, dollar amount of contract, estimated start and
completion dates, and the crafts which will perform work under the sub-
contract.
II . Obligations Under Federal EEO Bid Conditions.
(See Attached Flow Chart on CONTRACTOR OVERVIEW)
A. Hometown Plans Part I (Voluntary)
Hometown Plans are Office of Federal Contract Compliance
Programs (OFCCP) approved voluntary area-wide agreements
between the construction industry and representatives of
,the minority community establishing craft goals and time-
tables for minorities. The Plan and the signatory partici-
pating parties in the Plan are incorporated in Part I of
the Bid Conditions for the Plan area.
3 -
Contractors signatory to and participating in Depart-
= ment of Labor approved Hometown Plans and utilizing a local craft
under Part I of the Bid Conditions are required to comply with the
provisions of the Plan and the EEO Clause.
Removal of contractors to Part II of the Bid Conditions
and/or initiation of enforcement proceedings may be recommended to
the OFCCP Regional Office by the Administrative Committee fora
contractor's failure to meet Hometown Plan requirements. Such
action may also be initiated directly by the OFCCP Regional Office
for violation of the EEO Clause.
B. Hometown Plan Part II . Appendix A (Imposed Plan)
and Soecial Bid Conditions
Contrators subject to Part II of the Bid Conditions
(including contractors participating in the voluntary plan but
utilizing craft (s) subject to Part II requirements) and those
affected by Appendix A of an Imposed Plan, or Special Bid Condi-
tions are required to:
1. Comply with the EEO Clause;
2. Meet the minimum goals and timetables for
aggregate workforce utilization specified in
the Bid Conditions and/or Appendix A in each
covered craft on all covered work in the area
under the Bid Conditions/Appendix A or provide
DOCUMENTARY EVIDENCE of good faith efforts to
implement the minimum acceptable affirmative
action program
4
3. File monthly or as directed by the contracting
or administering agency, beginning with the
effective date of the contract, workforce utili-
zation reports (Standard Forn 257) reflecting the
prime contractor's and each subcontractor' s aggre-
gate workforce in each covered craft within the
area covered by the Bid Conditions (See Appendix
II) and a one time listing of all Federally-funded
or assisted contracts within the Bid Condition area
by agency, contract number, location, dollar volume ,
percent completed, projected completion date, and
.a listing of all covered non-federal work, subse-
quent to the submittal of the first listing.
Monthly reports, thereafter, should only include
new contracts received and those contracts com-
pleted;
4. Provide access to books, records , and accounts of
all covered construction sites and documentary
evidence of good faith efforts to the Compliance
Agency and/or the Office of Federal Contract
Compliance Programs (OFCCP) for the purpose of
conducting a review.
When the Compliance Agency and the OFCCP have determined
that the contractor has consistently met the minimum utilization
goals in a covered craft over an entire construction season, re-
Parting requirements will be changed from a monthly to a quarterly
basis. however, if a contractor fails to meet the minimum
5
utilization goals during any quarter, monthly reporting requirements'
will be reinstated.
III. Enforcement (See Attached Flow Chart on CONTRACTORS
OVERVIEW)
A. Compliance Review
Contractors failing to meet the minimum utilization
goals specified in the Bid Conditions, or subject to outstanding
allegations of discrimination in violation of the E.E.O. •Clause
will be subject to a thorough review of their implementation of
the affirmative action. program as specified in the Bid Conditions
and, where required, a thorough review of their compliance with
the E.E.O. Clause.
Contractors will be subject to general enforcement,
as stipulated in Subpart B of CFR 60-1 at the discretion of the
agency or the OFCCP.
A compliance review conducted by the Compliance Agency
will consist of the following (See Appendix III B) :
1. A thorough review of the contractor' s books,
records and accounts and other relevant docu-
ments. (If a contractor has met the specified
minimum utilization goals for the aggregate
workforce the contractor will be presumed to be
in compliance with the requirements of the Bid
Conditions and the review concluded, unless an
allegation of discrimination in violation of the
E.E.O. Clause has been made. ) ;
2 . Validation of the information presented will be
made through on-site reviews of a sample of all
of the contractors projects to determine whether
the contractor has met its goals or has made a
good faith effort to implement all of the affirm-
ative action steps specified in the Bid Conditions ,
and has not violated the E.E.O.Clause.
B. Remedial Commitments
In the event that a contractor has failed to meet the
minimum utilization goals and had failed to provide adequate docu-
mentary evidence of good faith efforts to implement the minimum
affirmative action program as specified in the Bid Conditions, the
contractor will be given an opportunity at the conclusion of :he
compliance review to make specific written commitments , which will
be signed by an officer of the company, to remedy all deficiencies
identified during the review, provided that the contractor has not
otherwise been found to have violated the E.E.O. Clause.
If such commitments are made by the contractor and
approved by the Compliance Agency, the Agency will find the con-
tractor in compliance and initiate monitoring of the specific
commitments.
C. Notice of Intent to Initiate Actions Leading to Sanctions
If the contractor fails to make, or having made , fails
to implement adequate remedial commitments , and/or has been found
7 -
to have otherwise violated the E.E.O. Clause, the Compliance
Agency will issue a show cause notice to the contractor pro-
viding 30 days for the contractor to come forward with add--
- tional evidence of its efforts to comply or to make adequate
remedial commitments, and, where required, to demonstrate that
it has not violated the E.E.O. Clause.
If the contractor makes such demonstration (s) and/or
commitments, the Compliance Agency will withdraw the show cause
notice and place the contractor in compliance, provided that
any violation of the commitments will cause the contracting
agency to proceed with actions leading to sanctions.
D. Initiation of Actions Leading to Sanctions
If, during the 30 day period provided, the contractor,
(a) fails to document adequate good faith effort to implement the
minimum required affirmative action steps or fails to make ade-
quate commitments to correct all deficiencies, or (b) where re-
quired, fails to demonstrate that the- E.E.O. Clause has not been
violated, the Compliance Agency will initiate actions leading to
the imposition of sanctions against the contractor, pursuant to
41 CFR 60-1.26.
Upon such action by the Compliance Agency and approval
by the OFCCp, the contractor will be notified that actions leading
to sanctions have been initiated. The notice will state the rea-
sons for the action and provide 14 calendar days for the contractor
to request a hearing regarding the imposition of sanctions.
8 -
r
If no request for hearing -is received within the
14 day period, the Compliance Agency and/or OFCCP will impose
such sanctions as are deemed appropriate provisions of 41 CFR
60-1 , including cancellation, termination, debarment or
ineligibility for further federally funded or federally assisted
contracts.
Upon receipt of a request for hearing, the Compliance
Agency and/or OFCCP will arrange for and conduct a hearing on the
issues outlined in 41 DFR 60-1 and 41 CRF 60-30 .
During the pendency of any such request for hearing,
a contractor's other federally involved contracts may be suspended
in whole or in part, pursuant to the provisions of 41 CFR 60-1 .
However, no sanctions or penalties specified in 41 CFR 60-1 or
Executive Order 11246, as amended , may be imposed without the
approval of the Director, OFCCP.
The hearing procedures (41 CFR 60-30) provide that
any conciliation agreement or consent decree proposed as a
settlement of the issued and the final decision on the imposition
of sanctions must be approved by the Secretary of Labor or the
Director, OFCCP.
IV. Technical Assistance
The Compliance Agency and OFCCP Regional Office staff
will provide technical assistance regarding the implementation of
.the requirements of the E.E.O. Clause, Federal Bid Conditions
and/or Appendix A upon receipt of a request for assistance from
a contractor.
NOTICE TO BIDDERS
FAIR TRADE PRACTICE
Please be advised that Section 109 of Public Law 100-202
restricts awarding contracts for work on public buildings or
public works to contractors or subcontractors from foreign
countries that deny fair trade practices to the United States .
Currently, Japan is the only foreign country that has been so
classified.
The prohibitions in Section 109 also apply to certain
products used in these activities , such as affixed equipment ,
electronics , utilities and instruments .
The United States Trade Representative ("USTR) shall maintain
a list of each foreign country which -
(A) denies fair and equitable market opportunities for
products and services of the United States in
procurement , or
(B) denies fair and equitable market opportunities for
products and services of the United States in
bidding, for contruction projects that cost more
than $500,000 and are funded (in whole or in part)
by the government of such foreign country or by an
entity controlled directly or indirectly by such
foreign country.
A contractor or subcontractor shall be considered to be a
citizen or national of a foreign country, or controlled directly
. or indirectly by citizens or nationals of a foreign country:
( 1 ) if 50 percent. or more of the Contractor or
subcontractor is owned ,by a citizen or a _national of
the foreign country;
(2) If the title to 50 percent or more of the stock of
the Contractor or subcontractor is held subject- to
trust or fiduciary obligation in favor of citizens
or nationals of the foreign country;
(3) If 50 percent or more of the voting power in the
Contractor or subcontractor is vested in or
exercisable on behalf of a citizen or national of
the foreign country;
(4) in the case of a partnership , if any general partner
is a citizen of the foreign country;
t
(5) In the case of a corporation , if its president or
other chief executive -officer or the chairman of its
board of directors is a citizen of the foreign
country or • the majority of any number of its
directors necessary to constitute a quorum are
citizens of the foreign country or the corporation
is organized under the laws of the foreign country
or any subdivision, territory, or possession
thereof; or
(6) In the case of a contractor or subcontractor who is
a joint venture, if any participant firm is a
citizen or national of a foreign country or meets
any of the criteria in parapraphs ( 1) through ( 5) of
this notice .
"Product " , as used in this notice , means construction
materials - i . e. , articles , materials , and supplies brought to
the constructian site for incorporation into the public works
project , including permanently affixed equipment , instruments,
utilities , electronic or other devices , but not including
vehicles or construction equipment . In determining the origin of
a product (insert name of grantee) , will consider a product as
produced in a foreign cbuntry 'if it has been assembled or
manufactured in the foreign country, or if the cost of the
components mined, produced, or manufactured in the foreign
country exceed 50 percent of the cost of all its components .
"Component " , as used in this notice , means those articles ,
materials , and supplies incorporated directly into the product .
"Contractor or subcontractor of a foreign country" , as used
in this notice , means any Contractor or subcontractor that is a
citizen or national of a foreign country or is controlled
directly or indirectly by citizens or nationals of a foreign
country.
Unless a waiver to these restrictions is granted by the
Secretary of Housing and Urban Development , no contract will be
awarded to an offeror (a) who is owned or controlled by a citizen
or national of a foreign country included on the list of foreign
countries that discriminate against U. S . firms published by the
USTR, ( b) whose subcontractors are owned or controlled by
citizens or nationals of a foreign country on the USTR list or ,
(c) who incorporates any product of a foreign country on the USTR
list in the public works project .
Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render ,
in good faith, the certification required. The knowledge and
information of an offerer is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings .
y �
The USTR published an initial list in the Federal Register
on December 30 , 1987 (53 FR 49244) which identified one country -
Japan. The USTR can add countries to the list , and remove
countries from it , in accordance with section 109(c) of Pub. L.
100-202 .
FAIR TRADE _CERTIFICATION
I . �. being a principal
Name of Contractor:;
of _ herein after known
Name of Company or Corporation
as the "Offeror" certify by signature below that :
1) The offeror has read, and understands the Notice to
Bidders entitled "Fal
i.r Trade Practice" .
2) The offeror is not a, contractor of a foreign country-
included on the list, of countries that discriminate
against U . S . firms as published by the U. S . Trade
Representative (USTR) ;
3) The Offeror' has not '',or will not enter into any
subcontract with a subc ntrac,tor or a foreign country
included on the USTR list;
4) The offeror will not pr vide any product of a country
included on the USTR IiSt ;
5) An offeror unable to certify in accordance with
paragraphs 1 , 2 , 3 , !and 4 above shall submit with its
offer a written explanation fully describing the reasons
for its inability to make the certification; and
6) The offeror shall provide immediate written notice to the
Contracting Officer '', if, at any time before the contract
award, the offeror learns that its certification was
erroneous when submitted or has become erroneous by
reason. of changed circumstances .
Signature; of Company/Corp. Principal ipal Title
Contractor Identification Numb r Date
The making of a false, fictitious , or 'fraudulent certification
may render the maker subject to prosecution under Title 18 ,
U . S.C . 1001 .
o��FF OLKCOG
yi1G Town Hall, 53095 Main Road
JUDITH T. TERRY = T P.O. Box 1179
TOWN CLERK o Southold, New York 11971
Fax (516) 765-1823
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER Telephone (516),765-1801
�, ��
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 24, 1993:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs the Town Clerk to advertise for bids for improvements to the
Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York, in the
form of discing, finish grading and seeding of two playing fields, all in
accordance with the bid specifications.
Judith T. Terry
Southold Town Clerk
August 25, 1993