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Home My WebLink AboutTasker Park - Lawn Sprinkler System 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 Briarcliff South Shore sprinklers, Ron Foster, Inc. having its principal place of business at P.O Box 2697, Southampton, New York, hereinafter called the "Contractor" . WHEREAS, the Town did heretofore advertise for bids for the installation of a lawn sprinkler system 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 installation of lawn sprinkler system in the amount of $4,000. 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 install a lawn sprinkler system at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New Ycrk,' 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 $4, 000. 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 r by ZScott L . arris, Supervisor Briarcliff South Shore Sprinklers, Ron Foster, Inc. by s s JUDITH T. TERRY ` Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS , Southold, New York 11971 MARRIAGE OFFICER L� 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 Briarcliff South Shore Sprinklers, Ron Foster, Inc., Southampton, New York, in the amount of $4,000.00, for the installation of a lawn sprinkler system at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, all in accordance with the bid specifications. Judith T. Terry Southold Town Clerk September 22, 1993 40%Pre-Consumer Content •10%POst-Consumer CA �_`{ • Page No. of Pages �� P.O. Box 2697 i� SOUTHAMPTON, NEW YORK 11969 South Shore Spz*LUers ® (516) 283-4567 FAX (516) 283-2639 Ron Foster Inc. PROPOSAL SUBMITTED TO PHONE- DATE Southold Town Clerk's Office September 14 1993 STREET JOB NAME CITY, STATE AND ZIP CODE JOB LOCATION Southold N.Y. 11971 Peconic Lane, Peconic, New Y0 ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: A (4) Four Zone Automatic Lawn Sprinkler System, with ......................._.........................................................................................................................................................-..........................................................................................................................................._..............._............_................_...................._........................ provisions for an additional field, consisting of: .................. ...._........_...._........................._......-......................................... ......................................................................................- ..............................................................._.........................-...-.........._...... 8Hunter #P-075-360 Gear Driven rotary Heads, with rubber covers (or equal) . _._....._ ....... ... . ._... ... . ... .... ....._.... 32 Hunter #P-075 Adjustable gear Driven Rotary Heads with rubber covers (or equal) ............................................ rritrol 4Pr216...12tt Master Solenoid ..Valve (or equal)........... ...... .......... ....._... ...................._.........._............_.....__.._.._ 4 ..........._..._._.............. ....lrritrol PR216 l-2' Zone Solenoid_.Valves._.(or... al 1 Mini-Clik II Rain Sensor, with by-pass switch (or equal) NO CHARGE 2 12" Fiberglass Valve Boxes. . Hardie RD 900 9- .... Zone Control Clock. ..............._. . ........--��--------- ........ ......................._.._.............._............__......................._._._........_.............................._.................._......._......................_........._......._....._._.................._......................._........................ All piping to be 1" l4" 12" 1001b test non polyethylene. ................................--............................................_..................................................._..........................................__............_.................. ......................................................................................................................._................................... ........._.. All necessary manifold and piping connections. All-necessary-electrical-connections from the clock to valves. ........-..............- This system will be designed to operate at 55PSI. with 45GPM. __..........._............... PRICE: _$4000.00_......___...__..._.........._. THIS SYSTEM WILL BE GUARANTEED FOR ONE YEAR FOR ALL MATERIALS AND LABOR. IVP 11rupwit, hereby, to furnish material and labor — complete in accordance with above specifications, for the sum of: Payment to be made as follows: dollars ($ 4000.00 All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifica. Authorized 1 tions involving extra costs will be executed only upon written orders,and will become an Signature _ extra charge over and above the estimate.All agreements contingent upon strikes,accidents r�G{-p4 b Jne. or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Note.Rnp po99ti` Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. Araptatue of itxu.p oral—The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature 1 to do the work as specified.Pay ment will be made as outlined above. Date of Acceptance: Signature ROBERT W. TASKER MEMORIAL PARK Lawn Sprinkler System Bid Specifications A Four ( 4) zone automatic lawn sprinkler system, with provisions for an additional field, consisting of: Eight (8) Hunter #P-075 360 gear driven rotary heads, with rubber covers (or equal) . Thirty two ( 32) Hunter P-075 Adjustable gear driven rotary heads, with rubber covers (or equal) . One (1) Irritrol #PR216, 1 & 1/2 inch master solenoid valve (or equal) . Four ( 4) Irritrol #PR216 , 1 & 1/2 inch zone solenoid valves (or equal) . One ( 1) Mini-Click II Rain-Sensor, with by pass switch (or equal) . Two (2) 12 inch Fiberglass valve Boxes. One (1) Richdel #508PR Eight station control clock (or equal) . All piping to be 1 inch, 1 & 1/4 inch and 1 & 1/2 inch, 1001b. -:-test. non polyethylene. All necessary manifold and piping connections. All necessary electrical connections for clock to valves. The system will be designed to operate at 55 PSI. with 45 GPM. i 5MALL N EA P5 As . I O CALF .... .... /, CI FC-LE; VALVV'O, Plt a� Tr PART ; CIRCLE 07 �- FULL CIRCLE I - :5CNE.,MATIC I M (ntciTION PLt. N� ' hlTS. r 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 notan 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 - LAWN SPRINKLER SYSTEM Horton PE• t.N 0 SOUNO TOWN P SEUN�OS%i HASHAMOHOCK BE pCH P _+ �\�� 0'csm vUhO V ' •+ �,� f P� J D b�`D • N, 0] O 9 r �01� P io 9 ^Oti3Ov Oa Pdy �► ,P t o C V. S6 0 3 f c O�9G a 1 ov s, s O P o° rF p C K 0EP PP. +� a3 0°`PO ?O G1 P LREE OP YID i1oDBgOEOq M IDNG O PtD O PECON/C P a tf�orE °Ire G N 5 DUNES Q �ElS PAR o as o a Q W t GOLDSMITH'S m" INLET PARK G ds Co 9NN �^ 'n�fh 4gr0 i=f O\U T H OLD°� T �P� � � O SPINE�ER t .o.c�N�S1.10C1 '�S Q;D c4 Nippouromr V u0� 90 ��riy� f /K c `�orr o ° 's vo\q o"•� Sur NMSM ± d' TERRY CTr i CEM J Qi Os s y `T •gX b�`. *�� Ms. f €6 5' , �� °OK s '9 c, E 9�C E D OI 25 �ocNcCntEK O0. �^ Founders 0 9 Oo (M lq " Landing N m PE 0. cO' d JO key L'f• C,)' ` 1/ O f MP ~ (] PO 0 45 IV: w W NECK AO� R, A, c O S W 'Al � R ° ^ ' V NO PECO N I C PS IV R`TEw rRhEHO1L a ► ° s NNb. p tw 7 O z 5 P a 1 PAR 0w•``�' Qr C [ 00D 0 GQNN o °GLENN p c► uthbld o a o West Y.C. e y��it 1' gyp' tNO; G'pose D iN •. O t l l 9 5 8 ^ ISO w o a e• ° o��FFo�,��oGy JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK T P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS 4F Southold, New York 11971 MARRIAGE OFFICER 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 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 Briarcliff South Shore Sprinklers, Ron Foster, Inc. , Southampton, New York, in the amount of $4,000.00, for the installation of a lawn sprinkler system at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, all in accordance with the approval of the Town Attorney. �7� �i;ti� . Terry Southold Town Clerk October 20, 1993 FOLK��Gy o JUDITH T. TERRY ►� Town Hall, 53095 Main Road = P.O. Box 1179 TOWN CLERK Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ' Fax (516) 765-1823 MARRIAGE OFFICER a0� 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 Briarcliff South Shore Sprinklers, Ron Foster, Inc. , Southampton, New York, in the amount of $4,000.00, for the installation of a lawn sprinkler system at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, all in accordance with the bid specifications. Judith T. Terry Southold Town Clerk September 22, 1993 JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK 'S T BOX 1179 REGISTRAR VITAL STATISTICS P.O.Southold, New York 11971 MARRIAGE GE OFFICER "_ ®� Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27, 1993 Jan Oberfield, Vice President Dimension 2 Associates 189 Commack Road Commack, New York 11725 Dear Mr. Oberfield: The Southold Town Board, at their regular meeting held on September 21 , 1993, accepted the bid of Briarcliff South Shore Sprinklers, Ron Foster, Inc., Southampton, New York, in the amount of $4,000.00, for the installation of a lawn sprinkler system at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk 40%Pre-•Consumer Content •10%Post-Consumer ContenV''_-\ }� Page N0. Of Pages Briarcliff P.O. Box 2697 SOUTHAMPTON, NEW YORK 11969 46 South Shore Sprinklers (516) 283-4567 FAX(516) 283-2639 Ron Foster Inc. PROPOSAL SUBMITTED TO PHONE DATE Southold Town Clerk's Office September 14 1993 STREET JOB NAME Main Rr)ad _Rc*x-rf. W_ rpaskpr Memorial Park CITY, STATE AND ZIP CODE JOB LOCATION Southold N.Y. 11971 Peconic Lane, Peconic, New Yo ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: A (4) Four Zone Automatic Lawn Sprinkler System, with ...... 1111_._... .1111.... ............... ... .. ............ . ............... provisions for an additional field, consisting of: ............ .............. 1111....._. ._......... . 11.1.1... .......... 8 Hunter #P-075-360 Gear Driven rotary Heads, with rubber covers (or equal) . 32 Hunter #P-075 Adjustable gear Driven Rotary Heads with rubber covers (or equal) ............... . .............. Irritrol #Pr216 12" Master Solenoid Valve...(..or equal) 4. ..__ Irritrol-PR216....12"....Zone Solenoid. Valves- (or. equal).. 1111.. ......... is 1 Mini Clik II Rain Sensor, with by-pass switch (or equal) NO CHARGE ........... ...1111... 2 12" Fiberglass Valve Boxes. 1 I Hardie RD 900 94one Control Clock. ..........................__..._ ............ _ ._1.111.. . ............... All piping to be 1" 14" 12" 1001b test non polyethylene. All necessary manifold and piping connections ._..._All necessary...electrical.....connections__.from....the clock to valves. This system will be designed to operate at 55PSI. with 45GPM. .............. PRI.CE:_..$.40.00....0.0....................... . ........................................................... ...... ....... THIS SYSTEM WILL BE GUARANTEED FOR ONE YEAR FOR ALL MATERIALS AND LABOR. INP VrV:PVSP hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars($ 4000.00 . Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifica- Authorized l tions involving extra costs will be executed only upon written orders,and will become an Signature extra charge over and above the estimate.All agreements contingent upon strikes,accidents 72ny� FpC}p�-�b Inc- or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Note. A e Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. 's Amptaurr of 11rapood-The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified.Payment will be made as outlined above. Signature Date of Acceptance: 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. Ote: Sept. 14, 1993 , Project No: Robert Tasker Memorial Park i Location:Peconic, N.Y. STATEMENT OF COMPLIANCE Training, Employment, and Contracting Opportunities for Businesses and Lower Income Persons A. The project assisted under this (contract agreement) is subject to the requirements of section ? 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 CFF: 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. equirements.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 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: Ron Foster, Inc. / DBA Briarcliff South Shore Sprinklers Address: 495 County Road 39, Southampton Official Signature Ronald Foster NYAO-EO:GEM/res 6-14-74 Typed/Printed CO TRACTOR'S SECTION 3 PLAN 1 - Name of Firm RON FOSTER, INC. /DBA Briarcliff South Shore Sprinklers P.O. Box 2697 Address 495 County Road 39, Southampton, N.Y. Phone # 516-283-4567 2 - Project Name/Description Robert W. Tasker Memorial Park Project Location Peconic Lane, Peconic, N.Y. Please use additional sheets if needed. 3 - Emplo3 ment a - Do you expect to hire any project area residents?—Yes—NO x 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? 4 - Subcontractors a - Do you expect to use project area businesses as subcontractors or vendors? YES NOX b - If yes how many? c - What businesses•, if any, from the project area will you request bids from? Plan prepared by Ron Foster President Name Position September 14, 1993 Date SKILLED EMPLOYEE UTILIZATION PLAN If more space is needed please continue on other side of page. CONTRACTOR'S NAME: Ron Foster, Inc /DBA Briarcliff South Shore Sprinklers ADDRESS: P.O. Box 2697, 495 County Road 39, Southampton, N.Y. 11969 TELEPHONE: 283-4567 PROJECT NAME: Robert W. Tasker Memorial Park (Irrigation System) ADDRESS: Peconic Lane, Peconic, N.Y. 1 - Total number of skilled employees to be utilized on this project? Please list by work category. # OF SKILLED EMPLOYEES- WORK CATEGORY 4 Irrigation installation ` 1 Foreman 2 - Total number of skilled employees currently on your permanent work force? Please list by work category. # OF SKILLED EMPLOYEES WORK CATEGORY 4 Irrigation installation and service 3 - Total number of skilled employees currently to be recruited and hired from the project area? # OF SKILLED EMPLOYEES WORK CATEGORY d Se t. 15 1993 ax.e �' �) �-✓ "��, D�'c DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE TRAINEE UTILIZATION PLAN If more space is needed, please continue on other side of page. CONTRACTOR'S NAME: Ron Foster, Inc. DBA/ Briarcliff South Shore Sprinklers ADDRESS: P.O. Box 2697, 495 County road 39, Southampton, N.Y. TELEPHONE: 283-4567 PROJECT NAME: Robert W. r.Casker Memorial Park -Irrigation System ADDRESS: Preconic Lane, Peconic, N.Y. 1 - Total number of trainees to be utilized on this project? Please list by work category. # OF TRAINEES WORK CATEGORY NONE 2 - Total number of trainees currently on your permanent work force? Please list by work category. # OF TRAINEES WORK CATEGORY NONE 3 - Total number of trainees currently to be recruited and hired from the project area? # OF TRAINEES WORK CATEGORY NONE Sept. 15. 1993 _ �I 6 DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE 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�J, ��-ctt_ 1, c2aou� (Corporate Title) (if any) Bid on ROBERT W. TASKER MEMORIAL PARK IMPROVEMENTS - LAWN SPRINKLER SYSTEM 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. Unless a waiver to these restrictions is granted by the Secret:a,ry 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 . 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 :L , Ron Foster being a principal Name of Contractor of Ron Foster, Inc./ DBA Briarcliff South Shore herein after known Name of Company or Corporation Sprinklers 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 Grill not enter into any subcontract with a subcontractor or a foreign country included on the USTR lint ; 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 . President Signature of Company/Corp. Principal Title ID #-112985897 Sept. 15, 1993 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 . CONTRACTING OPPORTUNITIES FOR MINORITIES AND FEMALES NAME OF PROJECT: l� tl,, PROJECT NUMBER: MUNICIPALITY: COMPANY NAME: %fi7eA1.5 ADDRESS: TOWN, STATE, ZIP: lVt;0�7 MAe SIGNATURE: TITLE: DATE: e17 /3 3 PERIOD OF CONSTRUCTION: FROM 101r"3 TO: IdLf mon year month/year Is your company minority or female owned? yes no 1ZI Is your company subcontractingA_jzny part of this contract, to a minority or female owned business? yes no ]�( If you answered yes to either question above, please check each box that applies to your company: Male Female M Black C1 Hispanic M Native American [D other specify � y Amount of Contract $ 3 �✓Pr+ j lf'�' lv��n owo) ��✓l v Fjv,�, Check each box that applies to your sub-contractor mal e femal e [� black Hispanic Native American M other specify, Amount of Subcontract $ Contractor I.D. Sub-contractor I.D. # vim 0 s 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. S ined '' Lit,` LV141,( g ) (Corporate 61e) (if an) ) Bid on ROBERT W. TASKER MEMORIAL PARK IMPROVEMENTS - LAWN SPRINKLER SYSTEM BID - LAWN SPRINKLER SYSTEM - TASKER PARK BID OPENING: 11 :00 A.M., Thursday, September 16, 1993 I . Creative Environmental Design, Box 160, Peconic, NY 11958 - 734-7923 - 9/3/93 2. Tower Landscaping, Inc. ,4 North Peter Blvd. , Central Islip NY 11722 9/9/93 516-234-7343 3- Richards Nursery, 98 Sally Lane, Ridge, N.Y. 11961 - 345-0268 9/10/93 4. Louis Barbato Landscaping, 135 Johnson Ave. , Ronkonkoma NY 11722 9/10/93 5. L & M Speciality Co. , Inc. 10-2 Drew Ct. , Ronkonkoma NY 11779 9113193 David Vaughn 516-467-5050 6. J.C. Quinn Inc. , 34 Sunnyline Dr. , Calverton NY 11933 727-7531 9/14/93 800-273-2531 7. Dimension Two Associates, 189 Commack Rd. , Commack, NY 11725 9/16/93 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. COUNTY OF SUFFOLK ss: S-1 ATE Of= NEW YORK LEGAL NOTICE NOTICE TO BIDDERS Patricia Wood,- being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, NOTICE IS HEREBY GIVEN, in accordance with a public newspaper printed at Southold, in Suffolk County; the provisions of Section 103 and that the notice of which the annexed is a printed copy, of the General Municipal Law, ha:• been .published in said Long Island Traveler-Watchman that sealed bids are sought and once each week for . . . . . . . . . . . . . . . . . . . . . .�. . . . weeks requested by the Town Board AWL, of the Town of Southold for the following project: "Im- successively, commencing on the ' ' . ' ' ' ' ' ' ' ' ' ' • ' ' ' ' ' provements to the Robert W. Tasker Memorial Park:' This d a y o I . . . . . . . . . . . . . . . . . .. 19 . (– project calls for the installa- tion of a lawn sprinkler system at the Robert W. Tasker . Memorial Park,Peconic Lane, Peconic,New York. Specifica- tions may be obtained at the Office of the Town Clerk of the Town of Southold, Town )w( rn to helnre 111r tI)iS . . . . . . . . . . . . . . . . . . . . . day of Hall, Main Road, Southold, New York 11971. 19 2_3 The sealed bids, together 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, . . . . . . Q. Southold, New York, until N()t a r y Public 11:00 A.M., Thursday, September 16, 1993,at which BARBARA A. SCHNEIDER time they will be opened and NOTARY PUL'LIC, St:�?c of P'°',v York read aloud in public. The Town Board of the Town of Qualified in Scil,;If County Southold reserves the right to Cornirission Expires V3 11q,1 reject any and all bids and waive any and all informality in any bid should it be deem- ed in the best interest of the Town of Southold to do so. All bids must be signed and ;ealed in envelopes plainly marked "Bid on the Robert W.Tasker Memorial Park Im- provements—Lawn Sprinkler System"and submitted to the Office of the Town Clerk.The bid price shall not include any tax, federal, state or local, 1 from which the Town of Southold is exempt. Dated: August 24, 1993 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1X-9/2/93(8) • i 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, Lawn Sprinkler System for R.W. Tasker Memorial Park. Bid opening: 11 :00 A.M. , Thursday, September 16, 1993, Southold Town Clerk's Office. Judith T. Terry Southold Town Clerk Sworn to before me this 26th day of August 1993. otary Public LINDA J.COOPER Notary Public,State of New York No. 4822563,Suffolk Count Terra Expires December 31, 19r� 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 calls for the installation of a lawn sprinkler system 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 bids and waive 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 - Lawn Sprinkler System" 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, SOUTHOLD, 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 f Town Clerk's Bulletin Board 1 i — s 1 _ 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 calls for the installation of a lawn sprinkler system 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 bids and waive 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 - Law Sprinkler System" 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, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Traveler-Watchman Tbwn Board Members Town Attorneys Comm. Dev. Admin. McMahon Comm. of Public Works Jacobs Dodge Reports Brown's Letters Town Clerk's Bulletin Board c ROBERT W. TASKER MEMORIAL PARK Lawn Sprinkler System Bid Specifications A Four ( 4) zone automatic lawn sprinkler system, with provisions for an additional field, consisting of: Eight (8) Hunter #P-075 360 gear driven rotary heads, with rubber covers (or equal) . Thirty two ( 32) Hunter P-075 Adjustable gear driven rotary heads, with rubber covers (or equal) . One ( 1) Irritrol #PR216, 1 & 1/2 inch master solenoid valve (or equal) . Four ( 4) Irritrol #PR216, 1 & 1/2 inch zone solenoid valves (or equal) . One ( 1) Mini-Click II Rain-Sensor, with by pass switch (or equal) . Two ( 2) 12 inch Fiberglass valve Boxes. One ( 1) Richdel #508PR Eight station control clock (or equal) . All piping to be 1 inch, 1 & 1/4 inch and 1 & 1/2 inch, 1001b. test non polyethylene. All necessary manifold and piping connections. All necessary electrical connections for clock to valves. The system will be designed to operate at 55 PSI. with 45 GPM. - _ f 5MALL H E-A P5 • l I i O j CIRCLE VALVE CordaoLLtA S5� 0-! rip PP►RT H CIRCLE i �- FULL CIRCLE 5 / rt t T Yp 1 - SCHI ,VATIC - X75. 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 - LAWN SPRINKLER SYSTEM 1 Horfon Pt. L.M SOU" TOWN P i Av SEUM cyi NASMAMOMOCK BEACH ALF OVNO v, 4\ Q = L fepq f� t 1 q m c'O.'laE �QP PdY oZ P v ' L ? ° S •t O p91 '61aDB°O� a i G N6 • 10 LyI,VOia� . vtcomc tf��`S • avNes Q sf f9 a ��aays SVAM PAR Cf o A O a Q W J M 90 h O � GOLDSMITH'S m l INLET PARKp (COUNTY) /gy ° " d �T� v o �'� � D NOM S�1LLf� <Rsp "11J = O U�. T H OLD = °° C TRr �1�MISf• 11^`�:�O g podm-1 �c po Pe G DOs JN�E. Pond m `1 fli•� Of�E DQE S, G°,FOtf° • 'yTH " /K a `NO"oD •y S J p°\Q OQ' L a + d' RRY SNT MN1SN CT TELEM 9� _ E ' c MS.~ q`� ESC DO y(aEr\�s0`N 25 " Q° o Founders O a'�(1 J' �CREEK Da N 9 e M Eq Landing TPE r9 � a P� 1 a r �� C d .10 key Ct• V a^° 00• off �M W f'�G\ \ fir. vL 'F& Q -3 NEON RD cun) 7 r LU a. n , I p0 CLE,RhE 4�ARY 7 TH 3 aiT a ww[ C _ PEC0NICs, ; 0 2 1S�P m ! W EaD WG(ENN 0P A c a 000 Z G f GEEHN•° q I. E'C uthbld L� 9 Westp_�::C . f '� ■ Y.C. < v'N�tEP cy •:�� pOsa ° 11958 0. ti , lpQ3 � e o cte � d /� � mOm N�I�LW�'<n1IT`�u"y�/��'� C(w. Sr �� •if O�`�CN� An-c 25 t JAMES C. McMAHON � r�.c SCOTT L. HARRIS Administrator C4o Supervisor Z Telephone (516) 765-1892 p ��" 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 s 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. b020.1 A=endix 1 DEPAnTI LENT O. NOUS!NG AND URBAN DEVELOPMENT �''�r:••�� Execul ivo Order 1124-6, as cmended r 'i ei EQUAL EMPLOYIvt"cNT OPPORTUNITY (�Jrioil Executive Order 11247 COORDINATION aY ATTORNEY GENERAL EQUAL EMPLOYMENT OPPORTUNITY Executive Order 11=1 r30 Fa 12319-zi 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: PART I—Noxw9canan. ATmx ix GorrRINUMNr Expw- sm-m Sm 101. Itis 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,sex or national origin, and to provide the lull rcaliza. tion of equal employment opportunity throuza a positive, continuing program in each executive department and agency.The poi.icy of equal opportunity applies to every aspect of Federal employment policy and practice. Szc. 102 The head of each executive department and agency shall establish and maintain a positive prograrl of equal employment oppor- ;E tunity for all civilian empioyees and-applicants for empiocment within his iirisdicrion in accordance with the police set forth ui Sectoin 101. SEc. 103.The Civil Ser--ice Commission sh:il supervise and orovlde leadership and guidance in the conduct of equal employment oppor- tunity programs for the civilian empiovees of and applications for employment within the executive departments and asencies and shall review agency program accomplishments periodicaily. in 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 Federal program and realizing the ob''ectives of this Part. SEc. 104. The Civil Service Commission shall provide for the prompt, fair, and impartial consideration of all complaints of dis- crimination in Federal employment on um basis of race,color,religion, sex or national origin. Procedures for the consideration of complaints shall include at leasc one Le neW Wlt In We elecltive QauU-'' meaimpt or agency and shall provide for appeal to the Civil Service Commission. SEc. 105.The Civil Service Commission shall issue such regulations, orders;and instructions as it deems necessary and appropriate to carry out its responsibilities under this Part,and-the head of esch executive department and agency shall comply with the regulations,orders,and instructions issued by the Commission under this Part. 'Amended by Ezmutive Order 113:3 of October 13. 19,37.3:red.RK. 14303.to provide that toe program of equal employment opportunity include probiblttoa asumac diacrimtaa- ties on account of ads. Page 1 r 8020.1 Appendix: 1 RUM II—NoNprecRrxr-rsrrox rx Ex7wr szr, Br GOvraNzazwT CONTRAcroR8 AND SUBCONTRACTORS SUBPAR? A—DuTuts or TRZ BLCR=ART OP r.ABOR Szc.201.The Secretary of Labor shall be responsible for the admin- istradon of Parts II and III of this Order and shall adopt-such rules and regulations and issue such orders as he deems necessary and ap- propriate to achieve the purposes thereof. s=PA$r B—oomriucron' AOR�RNTS Szc. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting s?encies shall include in every Government contract her_aiter e.nterea into the following PT 3: follows:pvisioh "During the performance of this 6antract, the contractor agrees as "(1) The contractor will not discriminate Rgainst anp ernployee or applicant for employment because of race, color, reliCion, sex, or national origin. The contractor will take amrmative action to ensure that applicants are employed, and that employees are treated during employment, without retgard to their race, coior, religion, sex, or national origin. Such action shall include, but not be limited to the following- employment, upgrading, demotion, or transfer; recruit- ment or recruitment advertising; lavod or termination; rates of pay or other forms of compensai:ion; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, _ available to employees aria Bpplicawi ;or wrioloyL-merit, racoticas to bo provided by the contracting otficer setting forth the provisions of this nondiserimation clause. "(2) The contractor will, in all solicitations or advertisements for em loyees placed by or on behalf of the contractor,state that all quali- ed applicants will receive consideration for employment without refs 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-,&inmg agreement or other contract or understand,ir,-,a notice.to be provided by the agency contracting officer,advising tn.,iabor union or workers' representative 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- irswit. "(4) The contractor will comply with all provisions of Executive Order No. 11248 of be tember 24, 1965, and of the rules, regulations, and relevant order-,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 Lalkor 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 � Page 2 _ 8020.1 Appendix 1 "(6) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with Inv of such rules,regu- lations, or orders, this contract may be cancelled, terminated or sus- . pended in whole 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. 11246 of September:34. 1965,or by ruie,regu- lation, or order of the Secretary of Labor, or as otherwise provided by law. • 11(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 204 of Executive Order-'No. 11246 of September 24, 1965, so that such provisions will be binding upon a::i 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 inclndin_., sanctions for noncom- pliance: Provided. Aoirever. 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 cont.raetine 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 haying_ a contract containing the pro- visions prescribed in Section 20-2 shall file, and shall cause each of his miccontractors to file.Compliance Reports with the contracting a"ncv i or the Secretary of Labor as may, be directed. Compliance Reports shall be filed within such times and shall contain such information as to ties Pl'iacticei, Pol;.c.ns, pml ems, pnd PR1nloyment policies, pro- grams, and emplocment 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 previous con- tract subject to the provisions of this Order,or any prscedine 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 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 Report shall include such iniormation as to such labor union's or s"ncy's practices and policies affecting compliance as the Secretary of L_:,ur may prescribe:Provided.That to the extent such information is within the exclusive possession of a labor union or an agencv referring work- ers ers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such iniormation to the contractor, the con!fsctor shall so certifv to the contracting agencv as part of its Compliance Report and shall set forth what etforts 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 or prospective contractor or subcontractor shall sub- mit, as part of his Compliance 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 trainine, 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, religg"ion,sex or national origin,and that the signer either will atnrma- tively 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- 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 may reAuire. Sxc. 204. T�e Secretar.vof 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 anv specific contract, subcontract, or purchase order. The Secretary of Labor may, by rule or reguia- tion, also exempt certain classes of contracts, subcontracts, or pur- chase orders (1) whariever work is to be or has been oeriormed outside the United States and no recruitment of workers within the limits of the United Mates is involved; (2) for standard commercial sup- plies or raw materials; (I;) involving less than specified amounts of money or specified numbers of workers;or (4) to the extent that they involve subcontracts beioly a specined tier, the Secretary of iAbor may also provide, by rule, regulation, or order, for the-exemption of facilities of a contracr.or 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-it?rfere with or impede the effectuation of the purposes of this Order: And provided further,That in the absence of such an exemption all facili- ties shall be covered by the provisions of this Order. SUWA" O—•POWEIM AND V07T S OP TSE Br-CRLTABz Or LABOR AND Tffi: ow"PtAcn- o AaF',rCMS Sw_ 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 contracts entered into by such agency or its contractors. .ull 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- tracU 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 Pages It 8020.1 Avnendix 1 among the agony's personnel, compliance officers. It shall be the duty of such othcers to seek compliance with the objectives of this Order by conference, conciliation. mediation, or persuasion. SEc.eb6. (a) The Secrctarr, f 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-_3 the Secre- tary of Labor any action taken or recommended. (b) The Secretary of Labor may receive and investigate or cause to be investigated complaints by emplovees or prospective employees of a Government contractor or s_'bcontractor which 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 contractin- a_encv, that agency shall report to the Secretary what action has l gen tar en or is recommended with regard to such complaints. SEc.207. The Secretary of Labor shall use his best efforts, directly and through contracting agencies, other interested Federal, State, and local agencies,contractors, and all other available instrumentalities to cause any labor union enoraged in worts under Government contracts or any agency referring worKers or providing or supervising appren- ticeship or training• for or ;n the course of such work tocooperate in the implementation of the purposes of this Order. The Secretary of �s Labor shall, in appropriate cases, notify the Equal Employment n ......,:... v�j.vr..••...) .^..:y:e D: .•t;..ent of �T�15tICp. Or other appro- 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 .pct of 1964 or other provision of Fed- eral law. SEc. 208• (a) The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation, or order of the Secretarr, may hold such hearings, public or private,as the S,!cretnry may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Iabor may hold,or cause to be held,hearings in accordance with Subsection (a) of this Section-prior to imposing, ordering, or recommending the imposition of penalties and sanctiol,s under this Order. - order for debarment of any contractor from further Government contracts under Socrion 209(a)(6) shall be made without affording the contractor an opportunity for a hearing. SUBPART D—SANCTIONS AND PENALTIES SEc. 209. (a) In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary or the appropriate contracting agency may: (1) Publish, or cause to be 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 (2) Recommend to the Dep�rtmert of justice that in cases in whit there is substantial or material violation or the tbreat 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, including the enjoining, within the limita- tions of applicable law, or' 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 t.liat appropriate proceedings be instituted under Title VII of the Civil.R i hts Act of:9Es. (4) Recommend to the Department of justice that criminal pro- ceedings be brought for the furnishing of false information to any con- tracting s.genev or to th,e Secretary of Labor as the case may be. (5) Cancel,terminate,sv?pend,or cause to be canceled„ terminated, or suspended, any contract, or any purtion or portions thereof, for failure of the contractor or subcontractor to comply with the non- discrimination provisions of the cont:-..a.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 stgency. (6) Provide that any contracting agency shall refrain, from. enter-ing into further contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such con- tractor has satisfied the Secretary of lAbor that such contractor has established and will carry out personnel and employment policies in compliance with the proyi.sions of this Order. (b) Under rules and regulations prescribed by the Secretary of IA r, each contracting agency shall made reasonable efforts within a rea onabie time iiiui6xiiuii w 6&eUWe cc,:apl.26,,C, vii.`•. the zontract provisions of this Order by methods of conference,conciliation,medi- ation, and persuasion before proceedings shall be instituted under Subsection (a)(21 of thi!3 Section, or before a contract shall be can- celed or terminated in wiiole.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 as7 directed by the Secre- tary of Labor, or under the rules and regulations of the Secretary, shall promptly notify the Secretary of such action. Whenever the Secretary of Labor maker a determination under this section,he shall promptly notiiv the appropriate contracting agency of the action recommended. The astencv shall take such action and shall report • the results thereof to the 8ecretary of Labor within such time as the Secretary shall specify. Sic. 211. If the Secretary shall so direct,contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder or prosiiective contractor has satisractorily complied with the provisions of this Order or submits a program for compliance soceptable to the Secretary of Labor or,if the Secretary so authorizes, to the contracting agency. SEc. 212. Whenever a contracting agency cancels or terminates a contract, or whenever s oontractor 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 contracting agency involved, shall promptly notify the Comptroller General or the United States. Any such debarment may be rescinded by the tiecretary of Labor or by the contracting agency which imposed the sanction. BUSPABT re-crMIMATES OF XM= SEc. 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 erza ed 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, rrierance and 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 tLis 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 Merit which has not been suspended or revoked. PAsrr 7II—No.-rorecPjxizrATrox Paovraro-,ze tH Fanrsera.r AssrsTED CoNemucrioN Co..rraAcrs SEc.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, insurazice, 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 part with funds obtained from the Federal Govern- ment 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 zrant,contract,loan, insurance, or guarantee, the provisions prescribed for Government contracts b7 Section 203 of this Order or such modiBeation thereof, nreeer.-ing in substance the contractors obligations thereunder,as insy 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 Cnited 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 ti.3cretary 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 ?age 7 8020.1 Append-�x Z to 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 contractors 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 snch construction contracts, and !or 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 regulation, other program participant, with respect to whom an application for any grant,contract, loan, insurance. or guarantee is not tinally acted upon prior to the effective date of this Part, and it includes such an applicant after he becomes a recipient of such Federal assistance. SEc. 303. (a) Each administering department and ;agency shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering depart- ment and agenev is directed to cooperate with the Secretary of Labor, and to furnish the Secretary such information and assistance as he may require in the performance of his functions under this Order. (b) In the event an applicant fails and refuses to comply with his undertakings, the administering department or agency may take any or all of the following actions: (1) cancel, terminate, or suspend in whole or in part the agreement, contract, or other arrangement with such applicant with respect to which the failure and refusal occurred; (2) refrain from extending any further assistance to the appiicant under the program,with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such appiicant; and (3) refer the case to the Depart- ment of Justice for appropriate legal proceedings. (c) Any action with respect to an applicant pursuant to Subsection (b) shall be taken in conformity with !>ection 602 of the Civil Rights Act of 156>4 ka nd ::.e 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 o� P2•oo 8 Kun-Wash..D.G 8020.1 ppenai:c 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 with.the procedures and limitations prescribed in Section 602 thereof and the regulations of the administering department or agency issued ' thereunder. PLirr IV-11isczuANwua SEc.401. The Secretary of Labor may delegate to any'officer,agency, or employee in the Executive branch•of the Government, any function or duty of the Secretary under Parts II and III of this Order,except authority to promulg&te rules and regulations of a general nature. Ssc.462. The Secretary of Labor shall Provide administrative sup- port for the execution of the program known as the "Plans for Progress." SEc.403. (a) Executive Orders Yos. 10590 (January 19, 1955), 10722 (August 5,1957),10925 (Starch 6, 1961),11114 (June 22, 1963), and 11162 (July 28, 1964), are hereby superseded and the President's Committee on Equal Employment Oppportunity 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 thane issued by the heads of various departniinw or aj,i,anz.w::1ndc•r' 4r rr�i=.^.t 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 the super- seded orders shall be deemed to be references to the comparable provi- sions of this Order. Sm 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. Sac. 405. This Order shall become effective thirty days after the date of this Order. LrxpoN B.JOHNsoN. Tax WmTE Hovsa. September 24,1966. Page 9 HUD-aaan., D.C. 1 8020.1 Appendix 1 COORDINATION BY ATTORNEY GE.:EPAL Executive Order 11247 130 F.R. 123-171 PROVIDI\O roH THE COORDI-xATION BY TIM A1TOR\DT (jENERAL OF EVMRCX3,IF'T OF Trrue VI OF THE CIVIL Mown AcrOF 1954 Whereas the Depa `t,Ients and agencies of the Federal Government have adopted uniform and, consistent regulations implementing- Title VI of the Civil Rights E1ct of 1964 and, in cooperation with the President's Council 'on Equal Opportunity, have embarked on a r coordinated pprogram of enrorcement of the provisions of that 'Title; 11 hereas the issues hereafter arising in connection with coordi nation of the activities of the departments and n-ncies under that Title will be predominantly legal to character and to manly cases will be related to 'udirial enfureen-;ent:and Whereas t�e Attorney Genera is the chief law officer of the Federal Government and is charged �.�i. ; the duty of enforcing the laws of the United States: Now, therefore,by virtue of the aitthorit:y vested in me as President of the united States by the Constitution and laws of the United States,it is ordered as follows: SE4—,noY 1. The :attorney General shall assist Federal departments and agencies to coordinate their prormms 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 reouiations as he shall deem neces- sar}}'to carry out his functions under this Order. SF.o. 2. Ear+ F-e fers! department and a,72r.cj s..h:Ll! cooperatto With the Attorney General in the performance of his functions under this Order and shall furnish him such reports and information as he may request. SEc. 3. Effective 30 days from the date of this Order, Eaecutiv9 Order No. 11197 of February S, 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. Sm 4. All rules, regulations, orders, instructions, desig-nations, and other directives issued by the President's Council on Equal Oppor- tunity relating to the implementation of Title VI of the Civi! P.ivhts Act of 1964 shall remain in full force and effect unless and until revoked or superseded by directives of the attorney General. THE WHrre HOUSE, LYNDO:r B. Jox.reorr. .S eptember e4, 1965. a. i covnNv. r-w PauITNc orr[cr:If,O O-3!4_$11 un �s:t.ass 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 Department of Labor Foadbpt 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 contractor and subcon- tractors being declared nonresponsive because of their failure to fill in a form correctly. Those opposed to elimination of the Bidden' Certification felt that a ore-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- specitve 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 contractors 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 climinate the signature and fill-in-the-blank jrequirements. Instead, the Federal EEO Bid Conditions clearly notify prospective bidden 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 of- r'irrnative action requirements binding on all bidden 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 all non-exempt Federal and federally assisted construction contracts and subcontracts awarded in areas covered by hometown plans (Port 0 and Part I1 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 Can- 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 iEEO Bid Conditions: l t •i 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 II, 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 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 employees must comply with "` either Part I or Part 11 of these Bid Conditions as to each such trade . A contractor may 8 . therefore be in compliance with Part I of these 131d 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 are not covered by Part I (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 If. 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 I hereof; 2. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective bargaining agreements; 3. Aro 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. Are signatories to the NASSAU-SUFFOLK Plan and are parties to collective bargaining agreements with labor organizations but the two have not jointly executed a specific commitment to goals for minority utilization and incorporated the commit- ment in the NASSAU-SUFFOLK Plan;. or 5. Are participating in a affirmative action pian 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 If of the Bid Conditions by the Office of Federal Contract Compliance Prograrns. 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 11 of these Bid Conditions including the goals and timetables for mincrity17 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 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 1. For all such trades the following goals and timetables shall be applicable. Goals for Minority Util ization UntiFrom (1/1/74) (6.09% - ( ) to ( ) From ( ) to } ( ) ( From ( ) to ( ) ( ) From ( ) to 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 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 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 +ese Bid Conditions is per- formed in a year later than the latestar for which � been established the � goals of minority utilization have goals for the lost year of the Bid Conditions will be applicable to such work. moo/ from contractor to contractor or from project-to-project for the purpose of meeting the contractor's goals shall be a violation of Part II 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 I1 and has made every good faith effort to make these steps work tmvcrd the attainment of its goals within the timetables, all 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 under the 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 If which fails to achieve its commitments to the goals for minority utilization has the burden of proving that it has engaged in a affirmative action program directed at increasing minority utilization and that such efforts were at least as extensive and as specific as the following: a. The contractor should have notified- minority organizations when employ- ment opportunities were available and should have maintained records of the organizations' response. b. 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- 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 hod other infor- mation that the union referral process has impeded efforts to meet its goals. 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- pany newspapers and annual reports, and by advertising such policy of, 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 ail subcon- tractors. f. The contractor should- have made both specific and reasonably recurrent written and oral recruitment efforts. Such efforts should have been directed at minority organ- 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 C FCCP 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 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 or 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�iaante 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. Subsequent signatory to the NASSAU-SUFFOLK Plan. Contractors that are subject to the requirements of Part II at the time of t e su mission 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 on 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 11 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 : Comoliance and Enforcement. In all cases, the compliance of a contractor will be determined in accordance with its obligations 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 relating to goals 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 1 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 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 ConditionsTby institu ting 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 for-nal 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 Il . In regard to Part 11 of these Bid Conditions, if the contractor meets the goofs 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 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 noncompliance with the Equal Opportunity clause of the contract, and shall be grounds for opposition of the scantions and penalties for in Executive Order 1124,6, 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 Plan is no longer an acceptable of- firmctive 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 goad 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 shelf 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 with the require- ments of Executive Order 11246, as amended,the implementing regulations and the obligations under Part 11 of these Bid Conditions, the cgency 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 If, Section 2. The pendency of such proceeding shall be taken into consideration by Federal agencies in determining whether such contractor can comply a 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 Aoelicable to Contractors Sub'ect to Either Part I or Part il. It shall be no excuse that the union with w icn the contractor as 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 apd Title VII of the Civil Rights Act of 1964, , as amended,amended . It is the policy of the Office of Federal Contract Compliance Programs that contractors have a responsibilit to provide equal employment opportunity if they wish to participate in federally i li y 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 responsible for informing their subcontractorsinwrit;ng, regard ass of tier, as to their respective obligations nder 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 Conry out such sanctions and penalties for violation of these Bid Conditions and the Equal Opportunity clause including sus pension, ination and cancellation of existing subcontracts and department from future cont actsermas 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 SUFFOLK Plan or in Part 11 of these Bid Conditions. NASSAU- t The procedures set forth in these Bid Conditions shall not apply to any contract which the head of the contracting air 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 triode ,, in writing, with justification, to the Director, Office of Federal Contract Compliance Programs, U.S. Department of Labor, Washington, D.C. 20270, 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. 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& 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 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) , F.[IGHWAY 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 .gar', COUNTY les NASSAU SUFFOLK * ASBE0012A 01/01/1993 eSBESTOS/INSULATOR WORKERS: Rates Fringes 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 t 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 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 ------------------------------------------------------------------ CARP0890G 07/01/1992 Rates ]cringes 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, man Truck Driver & Ground man 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, 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 5 years 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 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 FOOTNOTE: Level C 3 . 00 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 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 NY93001.3 - 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, hydraulic, pump, jet; pump pumpsingle 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 POWER EQUIPMENT OPERATORS Rates Fringes HEAVY AND HIGHWAY CONSTRUCTION GROUP 1 26 . 110 GROUP 2 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 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 NY93001.3 - 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 (front end) (2 drum) ; Loading Machine- ; Comrpessor (pile work) ; Powerhouse; Power Winch (truck mount - other than stone o • Weldin (pile work) ; Power Winch (other than stone/stteel) Machine compressor (on crane) GROUP 13 Mechanical Compactors (machine drawn) ; Roller 5 to over) ( n and GROUP 14 Boiler GROUP 15 Pump (concrete) GROUP 16 Compressor (2 or more in battery) GROUP 17 Grader; Milling Machine (lar e GROUP 18 Portable Heaters g ) Milling Machine (small) GROUP 19 Hoist (1 drum) ; Pump (well Point) ; Engineer; conveyor; Weldingand Bruning; ump (4 inches or over) ; Loading Machine; Pum u p (4 inches Mixer; Pum p (hydraulic) ; Pulvi- p (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; pum Machine; Pin Puller; Striping Machinpeum GROUP 22 Powerboom Compressor GROUP 23 Power Grinders; Ridge Cutter; Mixer (with ski Hammer; Fork Lift (walk behind p) % Hydra Concrete Saw or Cutter; ConcretepBreaker; Mixer or over with or without ski (2 bag p) ' Power Buggies; Mixer (2 small with or without skip) GROUP 24 Oiler, on truck crane w/over 100 GROUP 25 Vibrator, 1 to 5 ft boom GROUP 26 In-Shop Rate, mechanic GROUP 27 Grinder; oiler; Deck Hand; Root Cutter; Stump Chipper; Track GROUP 28 Generatorp(small) ngineers - each) ; Tower Crane, Oiler GROUP 29 Mechanical Compactors (hand operated) ; Trench Machine (hand) ; Bending Machine; Pump (centrifugal - up to 3 inches) .GROUP-30-Tractor- (Caterpillar- - -orWheel) 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 IRONWORKERS (ORNAMENTAh) Rates Fringes24 . 60 19.55 ------------------------------------------------------------------- * LABO0066A 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;phalt top shovelers & smoothers; asphalt tampers 20. 72 26%+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 laborer: (other than above on concrete) 18 . 73 260+4 . 35+a FOOTNOTE: NY930013 - 9 a. New Year's Day, Memorial Day, Thanks g yIndependence Day, Labor Day, givin Da , 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 GLAZIERS : Rates Fringes Glaziers ------------------------------------ 25. 00 15. 28 ---------------------------- * PAIN1486A 05/01/1992 PAINTERS : Rates Fringes Painters & drywall finishers Spraying, scaffold or rolling 20. 68 11. 60 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 PLAS00olX 05/01/1991 PLASTERERS Rates Fringes 14 . 75 5. 00 PLUM0200A 06/01/1992 ' PLUMBERS Rates Fringes 29 . 37 11. 01 * PLUM0638A 12/30/1992 STEAMFITTERS Rates Fringes 28 . 55 16. 79 --------------------------- ROOF0154A 10/01/1992 ROOFERS Rates Fringes -------------------------------------- 21 . 89 10. 78 -------------------------- SFNY0638A 12/27/1989 SPRINKLER FITTERS Rates Fringes ---------------- -------- $26 . 30 -------------- NY930013 - 10 f SHEE0028B 02/01/1990 Rates Fringes SHEET METAL WORKERS 27 . 58 10. 288+. 33 ---------------------------------------------------------------- TEAM0282I 07/01/1992 Rates Fringes TRUCK DRIVERS: 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. *- b. For each 15 days worked wit].z 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, MIN-341 General: The use of WH-347, payroll form. b not mrndatury. This form has been made available for the cum FRINGE RENEFITS — Contractors who pay all required fringe benefits: A contractor who pays fringe benents ms on venience a contractors and subcontraeton required by their Federal or Federally-aided construction-type contracts a thto e.oved Secretary lans, funds. or a Labor shall.continue nto abortamounts on the lace of the payen were roll Ili Sok cash hourined in the ly ralewage and over- and subcontracts to submit weekly payrolls properly filled out. hetes form will tion the contracts requ irements ub of o Rego the time rate paid to his employees just as be hu always done. Such a eontraelnr shall check paragraph 4(al of the lauom. Pars 3 and S (99 CFR. Subtitle A).a to payrolls submitted la connection with contracts subject to the statement on the reverse of the payroll to indicate that he is also pxying to approved plans,funds,or programs Davis-Bacon and related Acts. not les than the amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in Section This form meets needs resulting Iron the amendment of the Davis-Bacon Act to Include fringe benefits provisions. 4(c). Under this amended lar. the contractor Is required to pay not Ise than fringe benefits as predetermined obligation by the Contractors who • no fringe benefits: A contractor who pays no fringe benefits shall pay to the employs.and • Department a Labor, in addition to payment a not less than the predetermined rats. The contractor's obligation insert in the straight lime hourly rote column of the payroll,an amount not less than the predetermined rate for to pay fringe beneftts may be mel either by payment of The fringes to the various plana,funds,or programs or each classificationplusthe amount of fringe benefits determined for each classification In the applicable rage de• by making Nese payments to the employes as cash In Ilea of fringe. cision. Inasmuch as it Is not necessary to pay time and a hall on cash paid in lieu of fringes, the overtime rate This payroll provides for the contractor's shoring on the face of The payroll all monis paid to the employee. shall be not les than the sum of the bask predetermined rale,plus the half time premium on basic or regular rale, tation in the state- plus the required cash in lieu of fringes at the straight time rata In addition,the contractor shall check paragraph whether as basic rata or as rash in Ileo of(rings and provides for the contractor's represent ment of compliance an the rear a the payroll that he Is paying to others fringes required by the contract and not 4(b) a the statement on the revere of the payroll 10 Indicate that he is paying Twinge benefits In cash diractiy 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 41e). Use of Soctton 4(c),ticeptlons Contractor or Subcontractor: Fill In your firma name and check appropriam box. Any contractor who Y making payment to approved plans,funds,or programs to amount/le"than the wage determination requires is obliged to pay the deficiency directly to the employes as cash in Ilea of fringes, Any Address: Fill In your firm's address. exceptions to Section 4(a) or 4(b). whichever the contractor my check,shall be entered In Section 4(c). raster In the Exception column the craft,and enter In the Explanation column the hourly amount paid the employee as Cash Name. Addra+s. ■rad Social Security number or Employee: The employee's full name must be shown to lieu of fringes and the hourly amount paid to plans,funds,or programs as fringes. The contractor shall pay, Column 1 h .ably payroll submitted The employee's address mull also be shorn on the payroll covering the first and shall show that be Is paying to each such employee for alt hour@(unless otherwise provided by applicable on each which the employee corks on the project. The address need not be shorn on subsequent weekly payrolls determination) worked on Federal or Federally "elated project an amount not Ise than the predetermined rate week ct of cash t of fringe unless his address change Although not required by Regulations. Pars 3 and S, space is available in the name benefits,benefits,per hour should be entered Incolumn6son • aid o np act the payroll. Seeparagraph on Contrors whopty oto fringe and address section so that Social Security numbers may be listed. bandits'for computation Of overtime rate Column 9 - Withholding F.xemptiuns: This column is merely lasered for the employer's convenience and is not Column 7 - Gross Amount Lrrned: Ester gross amount earned on this project. If part a the employee'weekly ect described on Ihla payroll,enter In column 7 first the amount a requirement of Regulations,Pars 3 and S. rage vas earned on prujects other then the prof earned on the Federal or Federally assisted project and then the gross amount earned during the reek on all • Column 3 - Work Classifications: List elassilw;ation descriptive of work actually performed by employees. Com projects.thus 163.00/190.00. suit classifications and minimum rage schedule sr forth in contract specifications 11 additional classifications are Column 6 - Deductions: Five columna are provided for shoring deductions made. if more than five deductions domed necessary. sae Contracting Officer or Agency representative Employee may be shorn as having worked should be involved,use lint 4 columna; show the balance of deductions under 'Other' column; show actual total tin more than one classification provided accurate breakdown of hours so worked is maintained and shorn on under 'Total Deductions' column; and in the attachment to the payroll describe the deductions contained In eke submitted payroll by use of separalt line entries. 'Other' column. All deductions must be in accordance with the provisions of the Copeland Act Regulations,29 CFR, Part 3. If the employee worked on other jobs in addition to this project,shot actual deductions from his Column 4 - Hours Worked: On all contracts subject to the Contract Work Hoon Standards Act enter as over weekly gross wage.but indicate that deductions are based on his gross rages. time hours all hours worked in setas a6 hours per day and 40 hours a reek. Column 9-Net Wages Paid for Week: Sell ex plan story. Column S•Total: Sall-explanatory. Tout Space has been Idt at the bottom of the columns so That totals may be shown if the contractor so dalres. Column 6 - Rate of Pry, Including Fringe Benfita: In straight time boa,list actual hourly rate paid the employee fort straight Ilene corked plus any cash to lieu of fringe paid the employee When recording the straight time Statement Required by Rerulutons. Pars J and S: While this form need not be notarised,the m on the hourly rate, any cash paid In lieu of Twinges may be shown separately from the bask nit.thw 13.93/.40. This back of the payroll is subject to the penalties provided by 18 USC fool. namely.possible Imprisonment for S is nif assistance In correctly computing overtime See'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 rale paid. plus any cash in lieu of fringes pad the employee. See 'Fringe Benefits' below. Payment of nut less of the facts represented as true. than time and one-hall the bask Of regular rate paid is required for overtime under the Contract Work Hours for any deductions oil ren items Standards Act of 1969 In addition to paying not Ins than the pradetermtned rate for the classification it which deduction made are adequate described Space has been provided betw (in the 'Deductions" column column above.stat e `See Deductions column In lthio the employee works, the contfrctur shall pay to approved plans,funds, or programs or shall pay "cash in lieu payroll' Seeparagrapha entitled 'FRINGE BENEFITS' •Dove for instructions concerning filling out paragraph of fringes amounts predetermined ss fringe benefits in the wage decision made part of the contract. Sce'FRINGE 4 of the statement BENLFITS' below Form Wig 347 Inst I fuel U.S DEPARTMENT Or LABOR PAYROLL F°m AyP'OYrd. R°,Ea 6u1�r Ns 44-R1093 WAGE AND HOUR DIVISION (for Coniraclor'f Optional Use.See Instruction.Form WH-317 lntl.) NAME Or CONTRACTOR OR SUBCONTRACTOR ADDRESS PAt ROLL NO. fop WEER ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO 111 :1 � ISI 111 DAT AND DATE ISI IBI 171 IBI IBI DEDIlCT10NS NET NAML ADDRESS.AND WORK p TOTAL RATE NOUN WAGES SOCIAL SECURITY NUMBER �� CLASSIFICATION F HOURS Of PAT EARNED FICA wITN O1HER 70TAL PATO OF EMPLOYEE e CCC MOLDING FOIL WEEK O NOURS WORKCD EACH DAT TAP O • 5 1 0 S O S 5 S O s 0 s O S1 0 s 0 S Kwhk wH-S/r 111"1-rosrEnY sol IM-PURCHASE THIS FORM DIRECTLY FROM THE SGPT.OF DOCUMENTS w f to the contract have been or will be made to appropriate programs for the Date benefit of such employees,except as noted In Section 1(c)below. r 1 (Tide) (b) WHERE FRINGE BENEFITS ARE PAID IN CASH tNur d•4Ma7 Mr1r1 do hereby state: Q—Each laborer or mechanic llald to the above referenced payroll has been paid, as indicated as the payroll, an amount Sol les&&&a the sum or the applicable basic hourly wage rate plus the amount of the required fringe (1) That 1 pay or supervise the payment of the persons employed by beneflt&as listed IS the contract,except as Rotel la Section 4(c)below. /CWatr•ebr r•utao•b+eierl on the las are 1 (c)SXCEPTIONS ) ;that during the payroll period commencing as the EXCEPTION CRAF EXPLANATION day of 19_,and mding the_Jay of .Is— all s all persons employed on said pro)ed have barn paid the full weekly wages earned,that no rebates have been or will be made elther directly or Indirectly to or on behalf of&aid from the tau (Cearrseur or aaeentreelor) wedlly wages Warned by any person and that eco deductions have been made dlba directly or Indirectly from the full wage$tamed by any person,other than pormlulble deductions ns Mud In Regulations, Pari 3(19 CFR Subtitle A).Issued by the Secretary of Labor under We Copeland Act, u amended(46 Stat.948,93 Stat 108.73 Stat 967;76 8"L 267;10 U.S.C. 1176c),MA dw cribed below: RaARRa (Y) The, say p&yroW otherwise under alts eootrad required inbe submitted for the shows period are correct and complete; mal the wage ralm for laborers of fine�. 1Rco008'alontd ta4o lbervis are not leu than the applicable wage rale contained in any ag • the contract;that The classifications Wad forth therein for each Tabora or mechanic conform with gas work he performed (3) That any apprentices employed In the above pend are duty eegiatard in a bons fide apprenticeship program registered with a Slate apprenticeship agency recognized by file SurWaa of Apprenticeship and Training. United States Department of t Labor, r it so socii and Tralola�gnizedd agency exists to a State, an registered with the Bureau d Apprenticeship Stam Department of Labor. (4) That: wus[Ara Tint: a1cNAtuR[ (a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS M[ WAILFUL RACIr ICATO ex ANY RI THE Aa OV[STATIMAgNTS$9 MAY TION '* THE CONTRACTOR _ la addition to the bale hourly wage rates paid to each laborer or mechanic ppR fON,231 RACTOR TO CIVIL OR CRIMINAL PROSECUTION- a[A SECTION 1001 Or Tlnl 1e$AND a[C TION 111 Of TIT)[11 OF THE UN TED STATES COD[. to u Billed in the above referenced payroll, payments of fringe benefi w .•►-w-slur-1 w-w U. S. Dr-PARIMFN1 OF LABOR MONIlILY FMf'I_(iY1hFNT f rn\/In(unnrnlGRr^.n111+rn) (i i:iniiiiiiii:iini. i niin,�l,nr.rtr,l„r• Erttploymritl Standards Atlminlstralintt,orccr II11L17A1ION IIFP(ylly -- ------- ---- --- -- — ---- -----. MINOf111Y: (ROM• repo I,,. ellyd,Itonil crt is rcr I 1 Y 1124G.Sae. 703.Tai�ule In report ran real(i�conlrarlt rip•1ia(-- 7 rMl•L1tv(IIS IT Nr1 - - - - nalyd or tmprndarl hr whole or in purl and Otte ronhaclor ulay Ito-drelarert Inalillilrla for further Governntelpt ronlram.of federally atsisled conslrrlclion crrnrrarlt. FEMALE:_—_ 10: _— NAME AND LOCATION OF CONTRACTOR 1 111(RA1 1`1 INI)IN('. Ara NCY 5. 6. WORK 1101)11S OF EMPLOYMENT (Federal& Non-Federal) 111. Ba• Gb Rc7 firl. fir, 1, It. TOTAL TOTAI- I CONSTRUCTION TOTAL ALL IILACK ASIAN Oil AMERICANNUMBER or NIiM11fIt or MINORITY FEMALE TRADEClatslllent Ions EMPLOYEES (Not of IIISPANIC PACIFIC INDIANMINORITYMINI)IIITY - BY TRADE Ilispanic OriginOil) ISLANDERS F.MPI OYFFS ALASKAN PERCENTAGE PERCENTAGE NATIVE M l F M -.F-. M F-- M F-. M F M 1 .tourney worker APPRENTICE TRAINEE I SUB-TOTAL Journey worker APPRENTICE TRAINEE SUBTOTAL Jounrry ipvnrkrr I -- APPRENTICE TRAINEE I I 1 SUB-TOTAL Jurrrney worker I 1 APPRENTICE _ .. . _ ...1.. TRAINEE SUB-TOTAL .lournry worker I - APPRENTICE I TRAINEE ---- - - ---- - SUB-TOTAL - TOTAL.IOURNEY WOI1KEhS I TOTAL APPRENTICES I TOTAL TRAINEES GRAND TOTAL r 11.COMPANY OFFICIAL'S StGNATI.mE AND TITLE 17. TFI_EPIIONF NUM13FIl 1lnchrrla arra cn(le) 13.DATE SIGNFU PAGE OF 1 OMB APPROVAI_ NO.44 111346 t 011M 1'C 7r,1 lllnv 9/711) INSTRUCTIONS-FOR FILING ,'MONTHLY EMPLOYMWT 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 classification 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 Agency , , , , , , , , , , , , , ,, , , , , , , , , , , , , • , , .US. Govemment agency assigned responsibility for equal employ- . ment Opportunity. (Secure this information from the contracting officer.) Federal Funding Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . .US. Government agency funding project (in whole or in part). If more than one agency,!ist all. Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4ny contraQor who has a construction contract With the US.Gov- ernment or a contract funded in whole or*in pert witn Federal f unas. Minor. . . . . . . . . . . . . . . . . . . . . . . .Includes 31acou. Hispanics, American Indians, Alaskan Natives. and Aslan and Pacific Islanders—both men and women. 1. Covered Area . . . . , . , . .Geogracnlc area identified in Notice repuiroo under at CFR 60-4.2. 2. Employer's Identification Number . , , , , _ , • , • , . . ,Federal Social Seam Numoer used on Emo-over's Quarter) . . . . . Security y cep_ oral Tax Return [U.S.Treasury Department Form 9411. 1 Current Goals(Minority& Ferttale) . . . . . . . . . . . . . . . . . . . See com act Notlfiattion. 4. Reporting Period . tett •.- . . . . . . . . . . . .Monthly, or as directed by :ht compliance. . . . . . . . . agency, beginning colli the effeawe date of the contract. 5. Construaion Trades . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .Cnly thou construction crafts whlrn COntrilZOr emD10Yf in the covered area. 6. Work-Hours of Employment(ate) . . . . . . . . , , a The total number of male nours and the total number of female hours worked by emosoyees In each clesasfiotlon, b.-e. The total number of male nours and the total number of female nours worked by each soecif ied group of minority emplovees in each ciesubcatlon. CisaifiQtion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The level of accdmollshtMnt Or status Of the worKer in the trace (Journey worker. Apprentice.Trainee) 7' Minority Perontage . .T he percentage of total minority worK-hours of all worK"hours Ithe sum of columns 6b. 6c. 6d, and 6e oiwoed by column 6a:just one figure for eaen construction trade!. 8. Female Percentage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .For each trace the number r_porteo in 6a. F divloed by the sum of the numoera recortad in as. U and F. 9. Total Number of Employees . . . . . . . . . . . . . . . . . . . . . . . .Total number of male and total number offemale emplovees work. ing in each rsasslfiotson of earn trace in ':it contractor's aggregate work force curing reporting period. 10. Total NurhWf of Minority Employees • , . , , • . .Total number of male minority amployees and total number of female minority emolovets WOrKing in earn classification in each tract in the contractor's aggregate work force during reoorting period. t 6500.3 Exhibit 1 u. PBFEM"S`OCTIM CMC=3T FM COb'i'R►CTORS: p,ESTINv Lam ST1MU= CObMUM REat8UT8 • I. CTIC. The following checklist baa been prepared to assist contractors and subcontractors in meeting contractual labor standards responsibilities. All major admiaietrativs and procedural activities have beet covered in the sequence they will occur as the construction pr93ect proceeds. Careful attention to and use of the checkliat should result in a mini-- number of problems with respect to labor standards. II. EMMCM MW. The word "employer- as used below refers to the project contrsctor, each subcontractor, or each lower tier subcontractor. payrolls and other documentary evidence of compliance (marked with (asterisk) are required to be sent to the recipient for review (all to ~� be submitted throw the pro3ect contractor). The delivery procedure is as follovaz A. Each lower-tier subcontractor, after Careful review, submits required documents to the respective subcontractor. B. Each subcontractor, atter checking 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 e all to the recipient. All employers should check each of the following statements as being true. If any statement is not true, the contractor or his representative ,✓ Huoa.a.O.C. 9/75 Page 1 of 14 6506.3 2. ihould contact the recipient for special guidance. in. SSFo CORS'1'it moff kmnm S1C8yeL n got A. Not been debarred or othesvise made ineligible to partici- pate in a:p Federal or FbderaLly-assisted project. B. Received aWropriate contract provisions covering labor standards requirements. C. Reviewed and understand, all labor standards contract pravisloo D. Received the nage decision as pert of the contract. Z. Requested through the recipient and received the -4-4 *++• rage for each classification to be vorked an the project which ran not included on the rage decision by the additional classification process and before allowing azr such trade(s) to rock on the project. • 1�. Requested and received certification of his apprentice pro- �r+� from tbs State's Bureau of 1pprsntioeship and Training (recognized by USW) and submitted copy thereof to tie recipient prior to aaploy- meat bn the pro ect. .Likewise, -trainee" prof: be oertifi- cation from II. S. B. A. T. if applicable, mussubmitted. 9M Page 2 of 14 6500,3 *"Wool Exhibit 3• IP. AT COhSrBffCTIOx START THE CMIMCTM RLS: * A. Notified recipient of construction start date iz writing. B. Ase placed each of the following an a bulletin ?card prominently located on the project site which can be seen easily by the workers (and replaced if lost or unreadable any tine during construction): Wage Decision Notice to Employees OM 1321) Safety and Health Protection on the Job (DO:.) C. Before assigning each project wakker to work, has obtained worker's acme, best mailing address, and Social Security Number (for payroll purposes). * D. Has obtained a copy of each app-entice's certiLcate with the JII apprentice's registration number and his year of apprentice- ship from the State BIT. R. Has informed each worker of: 1. his Work classification (josmsyman or job title) as it will appear an the payroll. IQ1Q;W.DL. Page 3 of 14 9/75 650G.3 4. 2. his duties of work. 3. the II. S. Department of Labor's requirement on this project that be is either a journeycano apprentice, Or' laborer - If joumeymaa, he is to be paid journeyman's wage rate or more; If apprentice, he is to be paid not lees 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 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 a4mi a wage rate or more. !. Understands the requirements that each laborer or mec#anic who performs work an the project in more than one classification within the same work week shall be classified and pair at the highest wage rate applicable to &my of the work which he performs unless the following requirements are met: 1. Accurate daily time records shall be maintained. These records mast show the time worked.in each classifica- tion and the rate of pay for each classification, and must be signed by the worksan. 9/75 Page 4 of 14 6500.3 ' FSduh�t 1 %nap • 5. 2. The payroll shall show US bcurs worked in each classification and the wage rate paid for each classification. 3. The payroll shall be signed by the wor;.— or a signed copy of the daily time record a..all be attached thereto. G. Ens informed each worker of his haarly wages not less than the m+.,i.-,m wage rate for his work whioh is stated in the Wage Decision). 1. time and a balf for all work over 8 hours any day or over 40 hours any work week (see Contract Work Hours Safety Standards Act). 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 MM, Department of Labor, or other U. S. Governnent inspector, to confia that his employer is cooplyins with all labor requirements. • I. Has informed each joameyman and each apprentice that a journeyman must be on the job at all r times when ap apprentice is working. V. DMMM CMMTR TION • A. Foch Employer. 1. bas not ailected, assigned, paid different pay rates to, transferred, upgraded, demoted, laid off, nor r ✓ ruo.ser.D.C. Paqe 5 of 14 9 6500.3 �- v • _ 6. dismissed =W project worker because of race, color, religion, sex, or rational origin. 2. has employed all registered apprentices re:erred to him through aoxmal channels up to the applicable ratio of apprentices to joame;yman in each trade used by the employer. 3• will maintain basic employment 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. has m9 nitted weekly pgyro;,ls. a. prepared on recommended Pb:m WH-347: Available from - Superintendent of Documents Government Printirg Office Washington, D. C. 20402 Contractors who wish to purchase the fozms aEa11 be urged to enter their orders promptly because the Superintendent of Doousents takes six weeks to fill orders. it ie Dermissible for contractors to reproduce the forms if '.her wish. Some employers place all project workers on Payroll , Form WE-347 The recipient does not review those project workers listed on the payroll who perform work which is descriptive of any of the following job titles which are exempt from labor requirements: MU046. ,O.C. �. 9115 Page 6 of 14 6500.3 Now 7. project superintanden't projegt engineer supervisory foreeiaa (less than 20% of time as a working fore==) messenger clerical workers timalceepars payroll clerks bookkeepers inY alternate payroll form used should be cleared with BAD before employer starts work on project. 1 project printout by computer, for example, is acceptable provided all data shown and required on the front and back of Payroll Form V8-347 is on, or included with, payroll submitted to recipient. F::::• ` b. P'rant Page of Payroll (Pon WE-347) Reading (6 "blocks" of information) 1) Name of Rmployer. Hama of employer is stated, showing whether contractor or subcontractor. 2) Address. Street address or P. 0. Box, City, State, and Zip Code of E::;loyer is stated. 3) Payroll Number. Each weekly payroll is numbered in sequential order (starting with Payroll No. "1"). If employer's workers perform no physical work an the project during work week, he has submitted a "no work" letter for that work week. wo.r..r.o.c. Page 7 of 14 9/75 6500.3 Exhibit 1 8. Payroll of employer's final work week on the project (completion of his work) is marked "Fiaal". 4) For Week Eadira. The last date of the wort week is stated in this "block". 5) Pr63ect aad Location. Dame of project and city in which located is stated. 6) Column 1 - Worker's Same, 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. T) Column 2 - No. of Withholding Fxemmtions is for employer's convenieaoe - not required by HUD to be completed. 8) Column 3 - The Work Classification (job MOMMEN KJO-voJ.D.C. 9/75 Page 8 of 14 �- 6500.3 Exhibit 1 9. title) for the worker is inclti:ied ii :he Wage Decision and denotes the work that worker actually performed. Note: I. the applicable classification is not included in the Wage Decision, contractor should call the _ecipieat immediately, and request classifica- tion by Idditional Classificatio=. Apprentice. If worker is an ampreatice, his State BIT registration nunber a:d year of apprenticeship is included in this column the first time the apprentice's rnr� name appears on the payroll. Split Classification. If worker has per- `:::•- formed more than one class of 1o=k during the work week, such as carperter ahtd laborer, the division of work will be shown on separate lines of the payroll. tccurate dail,7 time records show the exact ho-srs of work perfo=ed daily in each class of work, and are signed by the affected workman. 1UGNa.t.O.C. Page 9 of 14 9/75 6500.3 xhibit1 10. Each class of work he performed is stated in Colum 3-In separat4 "biocis". Rig name is repeated in corresponeu "blocks" in Column 1. The breakdown of hours vomiced daily under each work classification is stated in Coles 4, and. total for week in Colum S. The applicable wage rate for each classi- fication of work is stated in Colu-= 6. The payroll is signed by the vork..aa in the related "blocks" or a signed copy of the daily time records are attached to the payroll. If the above is not done, the worker is paid at least the highest wage rate of all of the classes of work per- formed for all hours worked. Notesi Average Pay of Two Classes of Work Not Lcceated. The ezployer shall not pay a "semi-jou=ey-aa" or smi-skilled laborer the average of jou=e3man's and laborer's rates. The actual boors each worker uses tools of trade (journeyman) and each hour he does not use tools of the trade (laborer) cvat be 9/75 Page O.C. Page 10 of 14 •!lIIN. • 6500.3 11. recorded in separate "blocks" in Coluan 3 of the payroll. fie'_oe The work classification of "helper" is-not accepted by the Department of Mz, 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) Coluaz 4 - Hours Worked Each Day and Date, for _%MPOOO work week are stated. 4`= Overtime Eou_-s ("0"), if any, are stated separately from straight hours ("S") - over A hours army day or over 40 hours any wo=k week. 10) Colu= 5 - Total Hours worked during the work week are stated (the sum of subcolumas in Colu— 4) - straight and overtime hours recorded separately. 11) Colu= 6 - Rate of Pav, not less than the zinit 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 of pay (Contract Work flours KJO-Wash.G.C. ;., Page 11 of 14 9/75 6500*3 12. Safety Standards Act). Apprentices. If a copy of the apprentice's registration certificate from the State W has not been rubmitted to recipient by employer (through contractor), apprentice lust be paid journeyman's rate. Piece Worker. Piece work must be stated in Colum 6 at an hourlT rate, the gross pay for the work week (work am the project) divided by the total number of tours worked on the project during the work week. Column 7 - Cross Asount Earned equals straight ```:'•:- hours Shown in Column 5 times straight rate of pq shown in Column 6, plus overtime hours (if aril) shown in Column 5 times overtime rate of pq shown in Colum 6. _ 12) Column 8 - Deductions. $acb, deduction made is required b7 lair, voluntarily authorized by the worker is 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 - N8t .waree stated are Column 7 minus • total deductions shown in Column 8. 9/75 HUD-Week.O.C. Page 12 Of 14 • J 6500.3 . �ihit 1 tires ON 13. c. Back of_Payroll (Po= WE-347) • 1) Each Employer has: • eoapleted all blank spaces =d understands the penalties for falsifiation. checked it= 4 if fringe benefits are in- cluded in the ':age Decision for any of his workers - • 4(a) - if fringe benefits are paid to aYproved fuad(s), or 4(b) - paid directly to each affected worker - included in pay check for the work week - his paycheck repre- r sent!Mg at least the pay of the appli- cable „s„t+m� wage rate plus the &==t of required fringe benefits. f•fTually ei ned 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 vho • legally is authorized to act for the employer. d. Weekly Payroll Review. Each employer has proaPtly: reviewed the weekly payroll for compliance with all labor requirements (using this check list) W0.964►.D.C. 9175 �% page 13 of 14 6500.3 F]duhit 1 �. 14. 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. tach Subcontractor has received a payroll or "no work" letter from each of his lower-tier subcortractora, reviewed each and his own Payroll, required necessary corrections, and submitted all of each payrolls to the con- tractor to have received within 5 calendar `s d ys 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. AFM PROJECT COMPLMIOR Each Employer wills keep all weekly paymlls on the protect for 3 years after the contractor's project completion date. 9/75 :.x.D.C. Page 14 of 14 r CONTRACTING OPPORTUNITIES FOR MINORITIES AUD 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 Is your company subcontractingjany part of this contract, to a minority or female owned business? yes (_1 no f—I If you answered yes to either question above, please check each box that applies to your company: Male Female C) Black. C1 Hispanic M Native American other rj specify Amount of Contract $ Check each box that applies to your sub-contractor male female black M Hispanic Native American other t7 specify Amount of Subcontract $ Contractor I.D. # Sub-contractor I.D. # Federal Labor Standards Provisions Us. Department of Housing and Urban Development 1r Applicability The Project or Program to which the construction work covered by this FJD or rm designee shall refer the questions,including tr.e views of all contract periains is being assisted by the United States of America and the :!-erested Parties and the recommendation of HUO or its cesignee,to the following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator.or an autnonzed 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 rts designee or will notify HUD or its designee wriin the 30-day ing upon the site of the work(or under the United States Housing Act of period tzat additional time is necessary.(Approved by the Office of Man- 1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.) of the project),will be paid unconditionally andnot less often than once a week and without sub (d)The wage rate(including fringe benefits where appropriate) payroll deductions or rebate on any account(except cetermired pursuant to subparagraphs(1Nb)or(ch of this paragraph,shall such permitted by regulations issued by me re 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 time of fil Whenever the minimum wage rate prescraeo in the contract for a 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 ether 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 ' rs_+nefit or an hours cash .mechanics.Contributions made or costs reasonably anticipated for bona y . equivalent thereof fide fringe benefits under Section 1(bx2)of the Davis-Bacon Act on behalf Cry)If e c Contractor does not make payments to a trustee y above rrd person.The contractor may consider as part of the wages of any laborer cr of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of 29 CFR-5.5(a►(1Xv;also,regular �a^'c the amount of any costs reasonably anticipated in providing e9 bona fide fringe benefits under a plan or program,Provioed,That the contributions made or costs incurred for more than a weekly period(but Secretary of Labor has found,upon the written request o.'the contractor, not.less often than quartery)under plans,funds,or programs,which cover :-.at Me applicable standards of the Davis-Bacon Act have been met The the particular weekly period,are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate incurred during such weekly period, account assets for the meeting of obligations under the p an 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 deternination for the classification of work Norr*er 1215-0140.) actual y performed,without regard to skill,except as provided in 29 CFR 2.Withholding.HUD or its designee shall u Part 5.5(aX4).Laborers or mechanics performing work in more than one w g Pon its own action or upon classification may be compensated rim^request of an authorized representa5ve of trhe De artment o}tabor Y pensated at the rate specified for each classifica- withholc or cause to be withheld from the contramor uhcer 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 which work is performed.The wage determination(including any additional Federal;-assisted contract subject to Davis-Bator.prevailing wage classification and wage rates conformed under 29 CFR Part 5.5(aylXii and requirements,which is held by the same prime contractor so much of the axrued payments or advances as may be consideree 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 Che full amount of wages accessible place where it can be easily seen by the workers. r_ �quirec by the contract In the event of failure to pay any laborer or (ti)(a)Any class of laborers or mechanics which is not listed in the nechar.c-including any apprentice,trainee or he!oer,er-ployed or working -wage determination and which is to be employed under the contract shall a+the 5-e of the work(or under the United States Housirg Act of 1937 or be classified in conformance with the wage determination.HUD shall t_rider the Housing Act of 1949 in the construction or develoament of the approve an additional classification and wage rate and fringe benefits troject).all or Par of the wages required by the contract HUD or its desig- theretoro only when the following criteria have been met nee may,after written notice to the contractor,sponsor,amplicant or owner, (1)The work to be performed by the classification requested is not eke such action as may be necessary to cause the suspension of any performed by a classification in the wage determination;and father 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 me contractor,dis- industry,and curse such amounts withheld for and on account of the contractor or sub- (3)The proposed wage rate,including any bona fide fringe bene- cOntract7r to the respective employees to whom tney are due.The Comp- fits,bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in Me case of direct wage determination. Davis-Bacon Act contracts. (b)If the contractor and the laborers and mechanics to be employed 3.n Payrolls and basic records.Payrolls and basic records relating in the classification(if known),or their representatives,and HUD or its thereto shall be maintained by the contractor during the course of the work designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949,in the construction and Hour Division,Employment Standards Administration,U.S.Department or deve!oPment of the project).Such records shall contaih the name, of Labor,Washington,D.C.20210.The Administrator,or an authorized address.and social security number of each such worken his or her cor- representative,will approve,modify,or disapprove every additional classifi- reit 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 benefits or cash or will notify HUD or its designee within the 30-day period that additional P 9 equivalents time is necessa A T.er°7}of the types described in Section 1(b►(2)(B)of the Davis-t),-con Act), ry.(Approved by the Office of Management and Budget ca,ly ant weekly number of hours worked,deductions rade and actual under OMB control number 1215-0140.). sages 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 .as�1,nvi that the wages of any laborer or mechanic inc!uoe the amount of employed in the classification or their representatives,and HUD or its any costs reasonably anticipated in 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)(B)of the Davis-Bacor Act the contractor (including the amount designated for fringe benefits,where appropriate), s,-ha;;maintain records which show that the commitment to provide such Previous Edition is Obsolete HUD-4010(2.84) -' - - (HR 11ew .1 benefits is enforceable,that the plan or program is financially responsible, apprentice.The allowable ratio of apprentices to journeymen on the job site and that the plan or program has been communicated in wrinng to the in any craft classification Sha;1 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 prording such benefits.Contractors worker listed on 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- aCPlicable 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 acyition,any apprentice performing work on and the ratios and wage rates prescribed in the applicable programs, the lob site in excess of the rato perry;tted under the registered program (Approved by the Office of Management and Budget under OMB Control stall be paid not less Iran the applicable wage rate on the wage determi- Numbers 1215-0140 and 1215-0017.) nation for the work ac•Lally performed.Where a contractor is performing (11)(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 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 parry to the contract but if the agency is not such a party, neyman's 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 apprentice 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 leiel of progress,expressed as a percentage of the journeymen hourly rate required to be maintained under 29 CFR Part 5.5(ax3)(i).This information specified in the applicable wage determination.Apprentices shall be paid may be submitted in any form desired.Optional Form WH-347 is available fringe benefits in accordance with the provisions of the apprenticeship for this purpose and may be purchased from the Superintendent of Docu- program.if the apprenticeship program does not specify fringe benefits, ments(Federal Stock Number 029-005-00014-1),U.S.Government Printing a;prentices must be paid the till amount of fringe benefits listed on the Office,Washington,DC.20402.The prime contractor is responsible for the wage determinajon 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 undw OMB Control Number classification,fringes shall be paid in accordance with that determination.In 1215-0149•) the event the Bureau of Apprenticeship and Training,or a State Appren (b)Each payroll submitted shall be accompanied by a'Statement of ticeship Agency recognized by the Bureau.withdraws approval of an Compliance,"signed by the contractor or subcontractor or his or her agent apprenticeship program,the contractor will no longer be permitted to utilize who pays or supervises the payment of me 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)n and that such permitted to work at less than the predetermined rate for the work per- information is correct and complete; formed unless they are employed pursuant to and individually registered in (2)That each laborer or mechanic(including each helper, a program which has received prior approval,evidenced by formal certifi- apprentice,and trainee)employed on the contract during the payroll period cation by the U.S.Department of Labor,Employment and Training Admini- has been paid the full weekly wages earned,without rebate,eitfher 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 me plan approved by the Employment and rectly from the full wages earned,other man permissable deductions as set Training Administration.Every trainee roust be paid at not less than the rate forth in 29 CFR Part 3; specified in the approved program for the trainee's level of progress, (3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the applicable wage rates and fringe benefits or cash equivalents for the clas- applicable wage determination.Trainers 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 gram does not 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 Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines that there is an requirement for submission of the"Statement of Compliance"required by apprenticeship program associated with the corresponding journeyman paragraph A.3.(iixb)of this section, wage rate on the wage determination which provides for less than full (d)The falsification of any of the above certifications may subject the forge 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 Vii)The contractor or subcontractor shall make the records required less Man the applicable wage rate on the wage determination for the work under paragraph A.3.(i)of this section available for inspection,copying,or actialty 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 representativesto interview rho:less than the applicable wage rate on the wage determination for the employees during working hours on the job.If the contractor or subcon- work actually performed.In the event the Employment and Training Admin- tractor fails to submit the required records or to make them available.HUD istation withdraws approval of a training program,the contractor will no or its designee may,after written notice to the contractor,sponsor,appli- longer be permitted to utilize trainees at less than the applicable predeter- cant,or owner,take such action as may be necessary to cause the sus- mined rate for the work performed until an acceptable program is pension of any further payment,advance,or guarantee of funds.Further- approved. more,failure to submit the required records upon request or to make such (m Equal employment opportunity.The utilization of apprentices, records available may be grounds for debarment action pursuant to 29 tranees 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 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- 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 CFFI Part 3 which are incorporated by bona fide apprenticeship program registered with the U.S.Department of reference in this contract Labor.Employment and Training Administration,Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub- and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses 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 other clauses as HUD or its designee may by appropriate instructions employment as an apprentice in such an apprenticeship program,who is rec�jmre.and also a clause requiring the subcontractors to include these not individually registered in the program,but who has been certified by the c!ajses in any lower tier subcontracts The pnme contractor shall be Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for me 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(2-841 m a -. 7.Contracts termination;debarment.A breach of the contract clauses in pensation at a rate not less than one and one-half times the basic rate of 29 CFR 5.5 may be grounds for termination of the contract and 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 I '2. excess of forty hours in such workweek.whichever is greater. 8.Compliance with Davis-Bacon and Related Act Requirement: All rul- t (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 CFA 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 a.'dition,such contractor and subcon- 9.Disputes concerning labor standards.Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done under standards provisions of this contract shall not be subject to the general contract for the District of Columbia or a territory,to such District or to such disputes clause of this contract Such disputes shall be resolved in actor- territory),for liquidated damages.S.rch liquidated damages shall be com- dance with the procedures of the Department of labor set forth in 29 CFR puted with respect to each individt,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 the sum of$10 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.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 contractors firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages.HUD or its awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own 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(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 ual The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor Criminal Code,18 U.S.C.1001.Additionally,U.S Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set 1010.Title 18,U.&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 whicr.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 provisrors 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 aacon 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 tabor hours in such workweek unless such laborer or mechanic receives com- shall direct as a means of enforcing such provisions. HUD-4010(2-841 Pub. Law 93-383 16 - ;August 22. 1974 an .89 of the ee s-.r. b•o 721),is u mended by adding attitl a t tile end amen pacrided agrap as follows: "(22) For payments required from time to time under contracts entered into pursuant to section los of the housing and Community Ante. a. 647. Ikvclopmrnt Act of 1974 for pavntent of interest casts nn obligations guaranteed by tha" retary of Ilousing and Urban Development -- under that section. t2 tJSC 5308. (g) 1V itlt respect to any obli--ation issued by to unit of general•Ioea1 government or designated arenev which such unit or lgency has • elected to issue as a taxable obsbztion pursuant to subeoct►on ((e) of this section,the interest paid on such abii-,nition shall be included in gross income for tiro purpose of cimpter 1 of the Internal Revenue GGA Stat. 3. Code of ly54. 26 use 1 xo.`mtsc:XZ3=•T=ox .2 WC c \o rsen in Lire United States shall on the ground 42 WC 5309. roc I of (a) lk 1 ation in, of race,color,national origin.or se=beexcluded from past'cip be denied the benefits of.or be sub'ected to discrimination uncfer any Program or activity funded in w�ole or is part with funds made available under this title. (b) Whenever the Secretary determines that a State or unit of general local government which is a recipient of Mance under this title has failed to compiv with subsection (a) or an applicable regula- tion,he shall notify the Governor of such .'•tate or the chief executive officer of such unit of local eot;ernment of the noncotaplisnee and shall Hance. request the Governor or lila elricf.executive a ficer to weare comp If within a reasonable period of time, net to esmnl sissy daps, the . Governor or the chief executive;otLcer fails or reftnios•to secure• t -s compliance,the Secretary,is authorized to (1) refer tt�Atter to the Attorney General with a recommendation that an a trixtecivil. -i- action be instituted; (2). exercise tlub posers and functidw provided: by title V1 of the Civil Rights .1ct'of 1941 (4•. LS G>tiriud);)(3) - exercise the potters and functions provided for in mon 1 b &law this Act; or (4) take such other action-as may be General pursuant,to (c) NChen a matter is referred to tlx llttorney Geruersl p subuectioo (b), or whenever he has tcason to belies that a-State government ocutnitof central local government isenwaggess in a pattern visions of t or practice in violation of tlue provisions section.the Attorney General may bring a civil action in any appropriate United Staten district court for such relief &s taaj be appropriate., including iniunctive relieL :. i,nsaa Cras'orsas 42 USC $310. Sine. 110. All laborers and mechanics employed by contractors or subcontractors in tie performance of construction wort financed in whole or in part with grants received under this title shall be paid wages at races not less than those prevailing on similar construction m the locality as determiu►cai by the Secretary of .bar in accordance with the Davis-Bacon Act. as anertWed (40 1;S.G 375a-2765-S) • Proridtd, That this vction•shall apply to the rehsuilitation of residential prnp:rty only if such prnnerty is deli^wd for. residential use for eirlu or more families The Secretary of I;rborshsll have,with . res t to such lubnr standanls,rile suthonty and functions set forthin ieor;,•anizatinn flan Numiwered 14 of Ip50 (13 FR 317G; 64 Stat. S USC app. 12G7)•and sctien 2 of the Act of June 13,1234,as amuuded (48•Stat. 40 osC 276e. N8;40 U.S.C.276(c)). Requirements for Contractors (See Rules and Regulations , Title 24, Part 135, Federal Register, October 23, 1973) PURPOSE In the administration of any HUO funded program, to the greatest extent feasible: (i) opportunities for training and emplovment arising in connection with the olanninq and Carrying out of any pro ect assisted under any such program be given to lower income persons residing in the area of such Project; and contracts for work to be performed in connection with any such project be awarded to business concerns wnich are orated in or owned in substantial part by ersons residing in the area or such project. REQUIREMENTS I• Section 3 Affirmative Action Plan A. Identification of Affirmative Action Officer, by name. B. Identification of firm or contractor, contracting aqencv and contract total dollar amount, scope of work, contract number, project number, description of project area, etc. ) C. Emoloyment I. 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 (iii number of those to be recruited and employed fromproject area; b. A detailed descri tion of specific means to be utilized to recruit oroiect area residents , inc udina specific identification of area organizations, advertising media, sign placement, etc. ; C. Statement ex lain that contractor will maintain a list o a Project residents app Zing and records indicating status of action taken with reasons for such. 2. Skilled Employees Same as a. ,b. and c. above. -1- J D. Businesses, Subcontractors , Vendors , etc. 1. Listinc- of each category of goods and services to be utilized on subject contract, along with estimated do lar amount value of each; 2. Listing of dollar value planned to be awarded to project area businesses , subcontractors , vendors , etc. ; 3. Detailed description of specific means to be taken to publicize, advertise, notify, etc. . area businesses , etc. , of 0000rtunity' to become subcontractors etc. ; indicate soecific or anizations contacted, advertisements o aced, etc. ; 4. Records of actions taken to implement above-described plan, and reasons for such; S. Insertion in' bid documents/negotiation documents of contractors affirmative action plan, oroaect area description, etc., E. Statement that all reports, records , etc. , relating to the implementation of this Section 3 Plan will be open and available for inspection to authorized reoresentatives of the Oeflartment of Housino Ind Urban Oevelooment, the contracting agency. F. Statement that the Rules and Regulations, Title 24, Part 135, will be posted consoicuously in offices and places frequented by employees , applicants, prospective 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 Regulations. H. Statement that the contractor will submit whatever reports are required by the Department of Housing and Urban Development. SPECIAL NOTE The Assistant Secretary for Equal Opportunity has been delegated the functions of the Secretary of Housing and Urban Develooment in administerino programs pursuant to Section 3. The Assistant Secretary for Equal Opportunity will issue such further regulations in connection with his/her responsibilities under Section 3 of the Housing and Urban Development Act of 1968, 12 U S C as amended 1101u. , as he/she finds a oropriate and may, as needed, amolif any reaulations issued pursuant to Section 3, through guidelines , handbooks ., circulars or other means. (ii) Require, in consultation with the Administrator of the Small Business Administration, that to Me- greatest extent fea--si-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, desion, architecture, building construction, rehabili- tation, maintenance, or repair, which are located in or owned in substantial oart by persons r=5totng in the area of such project. -2- a (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 emolo ment and training efforts and contracts awards under these reg_ ations bX the Department of Housinq and Uroan Deve ocment, the Deoartment 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 of the Housing an Urban Development Act of 1968. (d) The Secretary will issue such further regulation' 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) ".Apel_ i_nt" 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 withinthe section 3 covered project area" means those individuals or firms located within the relevant section 3 covered project area as determined oursuant to 135 15, listed on the Department' s registry of eiioible 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 b Persons residing within the relevant section 3 covered project as determined pursuant to t 35. 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- . • � � 1, (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 oroject and whose- family ',;come eoes not exceed 90 percent or the -nedian income in the Standard Metr000Iitan Statistics Area or the county if not within a SIMSA) in which the section 3 covered project is located. (h) "Political jurisdiction" means a01 litically organized communit with a governing body having ceneraT 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. 1101u. ( 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 Tanning, development, redevelopment, or renewal , public , or community facilities , and new cormunity develooment except where the financial assistance available under such orogram is solely 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 5500,000 in estimated cost are exemoted from the requirements of this part, as is any subcontract of M,000 or under on such projects or contracts to excess—o-7570,000. (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 emoloyees of the Department, provided, however, that the authority to issue rules and regulations under s 135. 1 d may not be rede egated. -4- 1 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: (j) 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 aeoaraohic area designated as Model Cities areas or Metropolitan Development Plan areas pursuant to the rovisions or title I of the CemonstrM on Cities and Metropolitan Development Act or 1966, 42 USC 3307, or (iii ) Within a geograohic 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 aeoaraohic area designated oursuant to Title I of the Housing Act of 1949, or Title I of the Demonstration Cities and Metropolitan Development Act of 1966 shall be coextensive with the bounaaries or the smallest politica 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 desionated as the relevant section 3 project area. The determination to appy this subparagraph shall be made oy 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 Drovisions requiring the applicant or recipient to carry out the provisions or section J, the regulations set forth in nis par., 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- (b) Every aoolicant, recioient, contracting oarty, contractor, and suocontractor shall incoroorate, or cause to be incorporated, in all contracts for work in connection with a section 3 covered project, the following clause referred to as a section 3 clause) . A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1101u. 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 Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder. -6- 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. ate: Project No: i Location: STATEMENT OF COZIPLIANCE Training, Employment, 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 oi` 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 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 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 Total c - What organizations, if any, from the attached list do you intend to notify? d - What publications will you use for employment notices? 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 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 TRAINEE 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 trainees to be utilized on this project? Please list by work category. # OF TRAINEES WORK CATEGORY 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 DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE ORG NIZATIONS CONCERNED WITH THE . 1PLOYMENT 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. 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 244 E. Main Street Patchogue, N.Y. 11772 , Economic Opportunity Council of Suffolk, Inc. 98 Austin Street Patchogue, N.Y. 11772 CHAPTER IV CONTRACTORS RESPONSIBILITIE S I. General Resconisibilities of Contractors A. General Oblications 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) . e 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 OVERVIETI) 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. Y 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 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. Anoendix 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 DOCU1ENTARY 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 r r - 5 - utilization goals during any quarter, monthly reporting requirements will be reinstated. III. Enforcement (See Attached Flow Chart on CONT:2ACTORS 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. ) ; 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 the 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 fail:; 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 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. 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, germination, 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 it 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. 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 . .4u 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 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 ; 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 Title 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 . oc�-FFO�K�OGy 0 o �► JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK =2 rZr+ P.O. Box 1179 V; W Southold, New York 11971 REGISTRAR OF VITAL STATISTICS VO �, Fax (516) 765-1823 MARRIAGE OFFICER '/� ��O 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, for the installation of a lawn sprinkler system, all in accordance with the bid specifications. Judith T. Terry Southold Town Clerk August 25, 1993