HomeMy WebLinkAboutTasker Park - Well & Water Pump 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 Kreiger Well & Pump Corp. having its principal
place of business at Main Road, Mattituck, New York, hereinafter
called the "Contractor" .
WHEREAS, the Town did heretofore advertise for bids for the
installation of a well, 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
a well in the amount of $6, 270. 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 well at the
Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York,
Y
r
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 $6,270. which said sum is to be paid to
the Contractor within thirty ( 30) days of the completion of the
said work and the acceptance thereof by the Town.
3. It is hereby understood and agreed by and between the
parties hereto that the funds for the performance of the work
provided for herein are provided by the Federal Government under
the Community Development Block Grant Program and that,
accordingly, the Contractor does hereby agree to comply with all
of the requirements being annexed hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
Town of Southold
by
Scott L . Harris, Supervisor
Kreiger Well & Pump Corp.
by /✓1:P.o .
` COUNTY OF SUFF(W
ss:
STATE OF NEW YORK
' r
LEGAL NOTICE Patricia Wood, being duly sworn, says that she is the
NOTICE TO BIDDERS Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
NOTICE IS HEREBY a public newspaper printed at Southold, in Suffolk County;
GIVEN, in accordance with and that the notice of which the annexed is a printed copy,
the provisions of Section 103: haU, bCCn ,publishCcl in Said Long Island Traveler-Watchman
of the General Municipal Law, o n e e a c I l w c c k for . . . . . . . week S
. . . . . . . . . . . . . . . . . . . .
that sealed bids are sought and A-0"
requested by the Town Board
of the Town of Southold for SucceSSively, commencing on the . . . . . . . .
the following project: "Im-
provements to the Robert W. d a,, o I 19 t3
Tasker Memorial Park:'This
project calls for the installa-
tion of a well 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 worn tc, I fnr( n c tir,� . . . . . . . . clay
u
Road; Southold, New''York
19 . .
11971, 5�
:Ttie::sealed bids,.together
.with anon-collusive bid cer-
tificate,will be received by the
Town Clerk of the Town of
Southold at the Southold
. . . . .
Town Hall, Main Road, Notary Public
Southold, New York, until
11:00 A.M., Thursday, BARBARA A. SCHNEIDER
September 9, 1993, at which NOTARY PUBLIC, State of P;a,v York
time they will be opened and No. 430C 46
read aloud in public. The Qualified in Sui(clk County
Town Board of the Town of Commission Expiros V3i/9y
Southold reserves the right to
reject any and all,,bids and
I
aive any and all in 1.
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
sealed In envelopes plainly
marked'"Bid on=the Robert
W.Tasker Memorial Park Im-
provements—Well'Bid"and
submitted to the Office of the
".Jbwn Clerk.,'The bid"price
sha l nd',include any "tax,
fedecaj'r state or local; from
"which the Town of$outliold is
exempt_
Dated.August 24,•1993
JUIjITH.V TERRY
SOUTHOLD TOWN CLERK
, :- r -1X-9f2/93(4) .
i t 1 1 1 � � •
JUDITH T. TERRY r Town Hall, 53095 Main Road
TOWN CLERK o T P_O. Box 1 179
REGISTRAR OF VITAL STATISTICS Southold, New York 11971
MARRIAGE OFFICER Q , Fax (516) 765-1823
Telephone (516) 765-1801
1
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 Kreiger Well & Pump Corp. , Mattituck, New York, in the amount
of $6,270.00, for the installation of a well and submersible pump 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
i Y
r`:r•ei ger- Well & PUMP Corp.
Bo : 1dl - Main Road Well Dri11ing CONTRACT
MattituCk: , N. Y. 119522 Water Systems and Supplies (516) 2298-4141
PROPOSAL SUBMITTED TO: REF. NO: 07555
TOWN OF SOUTHOLD COMMUNITY DEVELOPM 09/091/93
' BOH
TOWN HALL - MAIN RD SOUTHOLD COMM. DEVEL
SOUTHOLD, NY 11971 PECONIC LANE SPORTS
-765-18922 PECONIC - -
We hereby submit specifications and estimates for:
5" WELL TO APPROXIMATELY 75 FEET
5" X 5' ALL STAINLESS STEEL SCREEN
5" PITLESS ADAPTER
3 HP STAINLESS STEEL SUBMERSIBLE PUMP (MYERS 3735)
APPROXIMATELY 40 FEET OF DROP PIPE AND SUBMERSIBLE CABLE
#350 CAPTIVE AIR TAN[::' (EQU I V - 398 GALS ON 35/65 SETTING
BRASS TANF::: TEE, CHECF::'. VALVE, BALL VALVE, PRESSURE SWITCH,
PRESSURE GAUGE, BOILER DRAIN, IRRIGATION TEE, AND ALL
NECESSARY MISCELLANEOUS FITTINGS, (ALL BRASS COPPER FITTINGS)
APPROXIMATELY 100 FEET OF TRENCH, 1-1/4" WATER LINE AND OF CABLE
IF NECESSARY TO GO BEYOND 75 FEET, ADD $16. ()C) PER ADDITIONAL FOOT
We hereby propose to furnish labor and materials-complete in accordance
with the above specifications, for the SLIM of $6,2297), Qi)
dollars (SIX THOUSAND TWO HUNDRED NINTY DOLLARS) with payment
to be made as follows:
TERMS: One Third Down , Balance in full on completion
----------------------------------------------------
f.RE I GER WELL °< PUMP CORP. CANNOT TAk::E RESPONSIBILITY FOR THE QUALITY OF
THE WATER. The Builder and or- Homeowner- shall be responsible for the
location of the well . ANY CHANGES IN DEPTH OR RELOCATION OF WELL, WILL
BE CHARGED TIME AND MATERIAL AT OUR PREVAILING RATES. ALL BAC}:::FILLING
AND TRENCHING IS ROUGH GRADED. FINISHING OR LANDSCAPING IS THE
RESPONSIBILITY OF THE OWNER. All material is guaranteed to be as
specified. All work is to be completed in a wor4-.manlike manner according
to standard practices. Any alteration or deviation from above specifi-
cations
pecifi-
cations involving extra costs, will become an extra charge over and
above the estimate. All agreements contingent upon strikes , accidents
or delays beyond our control . Owner to carry fire, =_ , and other
necessary insurance. Our workers are fully covered by Wor•k:man 's
Compensation Insurance.
DATE: o9/o9/93
Signature Authorized Signature d''Il• .C�tp�
' r
ROBERT W. TASKER MEMORIAL PARK
Well Installation Bid Specifications
5 inch well to approximately 75 feet
5 inch X 5 feet all stainless steel screen
5 inch pitless adapter
3 HP stainless steel submersible pump
Approximately 40 feet of drop pipe and submersible cable
#350 captive air tank (equivalent 398 gallons on 35/65 setting)
Brass tank tee, check valve, ball valve, pressure switch,
pressure gauge, boiler drain, irrigation tee and all necessary
miscellaneous fittings, (all Brass & copper fittings)
Approximately 100 feet of trench, 1-1/4 inch water line and UE
cable.
If necessary to go beyond 75 feet, specify the additional charge
per foot.
7
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
Si ned)(Corporate Title)
(if any)
Bid on . ROBERT W. TASKER MEMORIAL PARK
IMPROVEMENTS - WELL BID
•
SCOTT L. HARRIS
JAMES C. McMAHON c -� Supervisor
Administrator a
Town Hall, 53095 Main Road
Telephone (516) 765-1892 +q� - �? P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
TOWN OF SOUTHOLD
COMMUNITY DEVELOPMENT AGENCY
PROJECT: ROBERT TASKER MEMORIAL PARK, PECONIC LANE, PECONIC, NY
Dear Contractor:
Please find the enclosed forms:
1 . Notice
2. Equal Employment Opportunity - Executive Order 11246
3 . Equal Opportunity Bid Conditions for Federal and Federally
Assisted Construction
4 , Federal Wage Rates
5. Instruction for Completing Payroll Forms WH-347
6 . Pre-construction Checklist for Contractors
7 . Contracting Opportunities for Minorities and Females
8 . Federal Labor Standards Provisions
9 . Section 109 and Section 110 of PL93-383
10. Requirements for Contractors
11. Section 3 Plan
12. Contractors Responsibilities
13 . Fair Trade Practice
If you have any questions on the above, please give me a call.
NOTICE
This project is being assisted by funding from the Federal
Government of the United States of America under one or
more current federal funding programs , and as such, the
performance of all work contemplated under the terms and
conditions of this set of plans, specifications and related
documents must conform to certain basic and specific
standards and requirements of both the Federal and New York
State governments .
The federal labor-standards provisions setting forth the
requirements for federal funding are contained in these
documents.
In the event of conflicting requirements , Federal, and
State provisions set forth shall take precedence over
local requirements , except for bonding and insurance
requirements where local provisions , requirements and
standards will apply.
$020.1
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A=end.ic 1
te►
^vEPA.TiviENT OI 1-IOUS-!NG AND URBAN DEVELOPMENT
'�s` Executive: Order 1124-6, as amended
0
*+ EQUAL EMPLOYMENT OPPORTUNITY
•+ Iii,reit Executive Order 11247
COORDINATION BY ATTORNEY GENERAL
EQUAL EMPLOYMENT OPPORTUNITY
Executive Order 112461
rso F.& inig-251
Under and by virtue of the authority vested in me as President of
the United States by the Constitution and statutes of the United
Sutites,it is ordered as follows:
PART I—Norrotscx XM.ATTorr aN GrorFRHM MNT EMPWYMMM
Ssc- 101. It is the policy of the Government of the United States
to provide equal opportunity in.Federal employment for all qualified
persons, to prohibit discrimination in employment because of race,
color, religion,sea or national origin, and to provide the fill realiza-
tion of equal employment opportunity thrown a,positive, continuing
program in each executive department and a¢ency.The policy ofeeqqual
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 program of equal employment oppor-
aE tunity for all civilian empioyees and Epplicants for empio:*:lent within
his itirisdiction in accordance with the policy set forth in Sectoin 101.
SEc. 103.The Civil Service Commission sh.il supervise and provide
leadership and guidance in the conduct of equal employmeslt oppor-
tunity programs for the civilian empioyees of and applications for
employment within the executive..departments and agencies and shall
review agency program accompshments periodicaily. is order to
facilitate the achievement of a model prog;am for equal emplovment
o.pportunity in the Federal service,the Commission may consuli from
time to time with such individuals.x cups,or organizations as may be
Of assistance in improving the Federal program and reaiizing the
obI'ectives of this Part.
Sac. 104. The Civil Service Commission shall provide for the
prompt, fair, and impartial consideration of all complaints of dis-
crimination in Federal employment on ei1,basis of race,color,religion,
sex or national origin. Procedures for the consideration of complaints
shall include at least one amps:::,.; LeView within uie executive darn,::-
meat or agency and shall provide for appeal to the Civil Service
Commission.
Sac. 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 each executive
department and agency shall comply with the regulations.orders, and
instructions issued by the Commission under this Part.
'Amended by Executive Order 11373 of October 13. 1967.32 Fed.Ret. 14303,to provide
that tae program of eQaal emp/ormeot opportunity include probibittoa asamae dlaerlmina-
tios on account of eea
i
Page 1
8020.1
Appendi:: 1
PART II—NoNDmcR:xr:rAnoN rx Exrs orxrr. By GovssNxLxr
CowmACTORe AND SUBCONTPACTORB
SUBPART A—DUTIES Or THE SaCPMART Or LABOR
Sac.201.The Secretary of Labor shall be responsible for the admin-
istration 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.
SUBPART B--'CONTRACTORS' AOREL`MM
Sac. 202. Except in contracts exempted in accordance with Section
204 of this Order, all Government contracting agencies shall include
in every Government contract hereafter enterea into the following
ro
pvisiahs:
follows
"During the performance of this oantract, the contractor agrees as
u(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, relirnon, sex, or
national origin. The contractor will take affirmative action to ensure
• that applicants ars employed, and that employees are treated during
employment, without resta.rd to their race, color, 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; lavoff or termination; rates of Day
or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspipuous places,
available to employees acid applicarata for 6inpiGfralent, noticaa to lie
provided by thecontracting officer setting forth to provisions of this
nondiscrimation 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 7plicants will receive consideration for employment without
ard to race,color, religion,sex,or national origin.
(3) The contractor will send to eaoh labor inion or representative
Of workers with which he has.a collective bar;aining agreement or
other contract or undetstandir"a notice.to be provided by the agency
contracting officer,advising tin,labor union or worsers'representative
of the contractors'commitments under Section ,?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-
n eRt.
"(4) The contractor will comply with all provisions of Executive
Order No. 11246 of September 24, 1965, and of the rules, regulations,
and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports re-
�� quired by-Executive Order No. 11246 of September 24 1965,and by the
rules, regulations, and orders of the Secretary of La�or 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 rales,regulations,and
' orders.
` Page 2 .
r8020.1
Anperdix 1
69(6) In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with anv of such rules,reve-
lations, or orders, this contract may be cancelled, terminated or sus- .
pended in :chole or in part and the contractor may be declared ineli-
gible for further Government contracts in accordance with procedures
authorized in Executive Order No. 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked, provided
in Executive Order _N;o. 11246 of September 34, 1965,or by rule,regu-
lation, or order of the Secretary of Labor, or as otherwise provided
by law-
«(;) The contractor will include the provisions of Paragraphs (1
through (T) in every subcontract or purchase order unless exempted
by rules, regulation" or orders of the Secretary of Labor issued pur-
suant to Section 204 of Executive Order :�o. 11246 of Su.bc nrn ,
1965, so that such provision will be binding upon ea.
a subcortr�ctor
or vendor. The contractor will taSe such action with respect to any
subcontract or purchase order as the contracting agency mav direct as
a means of enforcin_such Provisions inchndin_ sanctions for noncom-
pliance: Provided. flowerer. That in the event the contractor becomes
involved in, or is threatened with. litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the
contractor may request the United States to enter into such litigation to
protect the interests of the United States."
Sec. 203. (a) Each contractor having a contract containing the pro-
visions prescribed in lection 202 shall file, and shall cause each of his
succontractors to file.Compliance Reports with the contracting sgency
or the Secretary of Labor as may be directed. Compliance Reports
shall be filed p ttrrin such times and q hea^ldcPmnloovm ntnoolicies,on as
pro-
to Litt: practicE�, v,, --s, i•=b -,
grams, and employment statistics o{ the contractor ead each sub-
contractor, and shall be in such form, as the Secretary of Labor may
prescribe. be
(b) Bidders or prospective contractors or subcontractors may
required to state wnethec they have participated in any iprevious
ng s'rnilar
con-
tract subject to the provisions of this Order,or any p
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 ocher 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 unions or antiev's
practices and policies affecting compliance as the S-*creta. . of within
10 may prescribe:Pro tided.That to the extent such information is within
the exclusive possession of a labor union or an agency referring work-
` ers or providing or supervising apprenticeship or training and such
labor union or agency shall refuse to furnish such iniormation to the
contractor, the con►.Tactor shall so certify to the contractinu agancy as
part of its Compliance Report and shall set forth what etforts he pas
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 (:ompliance Report, a statement in Writing, signed
by an authorized officer'or agent on behalf of any labor union or any
Ly
agency referring workers or providinor super%Ilsing apprenticeship
or other trainin¢, 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,
religgiton,sex or national origin,and that the signer either will atfirma-
tiveIy cooperate in the implementation of the policy and provisions of
this order or that it consents and agrees that recruitment,employment,
and the terms and conditions of employment under the proposed con-
tract shall be in accordance with the purposes and provisions of the
order. In the event that the union,or the agency shall refuse to execute
such a statement, the Compliance Report shall so certify and set forth
what efforts have been made to secure such a statement and such addi-
tional factual material as the contracting agency or the Secretary of
Labor may require.
SEc. 204. The Secretary of Labor may, when he deems that special
circumstances in the national interest so require,exempt a contracting
agency from the requirement of including any or all of the provisions
of Section 202 of this Order in any specific contract, subcontract, or
purchase order. The Secretary of Labor may, by rule or reguia-
tion, also exempt certain classes of contracts, subcontracts, or pur-
chase orders (1) whenever work is to be or haz been performed outside
the united States and no recruitment of workers within the limits
of the United States is involved; (2) for standard commercial sup-
plies or raw materials; (3) involving less than specified amounts of
money or specified numbers of workers;or (4) to the extent that they
involve subcontracts beiow a specified tier. The Secretary of Labor
may also provide, by rule, regulation, or order, for the'exemption
of facilities of a contractor which are in all respects separate and
distinct from activities of the contractor related to the Derformance
of the contract: Provided, That such an exemption will not i.-iterfere
with or impede the effectuation of the purposes of this Order: And
provided(vrther,That in the absence of such an exemption all facili-
ties shall be covered by the provisions of this Order.
!!t WMM O--POWE88 AND DDTIFB OF THE BECR3CrA87 or r.Asoa AND TSL
OON'MACTr-\O AGr-NCMS
Sec. 205. Each contracting agency shall be primarily responsible
for obtainincompliance with the rules, regulations.and orders of the
• Secretary of
Labor o-ith respect to contracts entered ir_to by such
agency or its contractom All contracting agencies shall complf With
the rules of the Secretary of Labor in discharging their primary
responsibility for securing compliance with the provisions of con-
trach and otherwise with the terms of this Order and of the rules,
regulations, and orders of the Secretary of Labor issued pursuant to
this Order. They are directed to cooperate with the Secretary of
Labor and to furnish the Secretary of Labor such information and
assistance as he may require in the performance of his functions under
this Order. They are further directed to appoint or designate,, from
Page 4 ''�
8020.1
6poendix 1
among the agency's personnel, compliance officers. It shall be the
duty of such officers to seek compliance with the objectives of this
Order by conference, conciliation. ;mediation, or persttasion.
�i Labor may investigate the empl
Ssc.�06. (a) The Secretaryoy-
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 to the Secre-
tary of Labor any action taken or recommended.
' (b) The Secretary of Labor may receive and invest.irte or cause
` to be investigated complaints by emplovees or prospective employees
of a Government contractor or:•.:bcontractdr which al:•aa 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 contracting a.ency, that agency shall report to the
Secreta y what action has%een taken or is recommended with regard
to such complaints.
Sec.207. The Secretary of Labor shall use his best efforts, directly
Mand through contracting agencies. other interested Federal,State, and
al agencies,contractors,and all other available instrumentalities to
cause any labor union enom?ed in work under Government contracts
or any agency referring workers or providing or supervising appren-
ticesliip or training for or ;n the course of Stich work to cooperate in
�i the implementation of the purposes of this Order. The Secretary of
Labor shall, in^appropriate cas� p otify the cEqual Employment
^., .he D_�. t _- � tiCP. Or nthor appto-
prtate Federal agencies whenever is has reason to believe that the
practices of any sttch labor organization or agency violate Title VI or
Title VII of the Civil Rights Act of 1964 or other provision of Fed-
eral law.
Snc. 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 Secretary, may hold such hearings,
public or private.as the.-cretary may deem advisable for compliance,
enforcement, or educational purposes.
(b) The Secretary of Tabor may hold,or cause to be held,hearings
in accordance with Jubsection (a) of this Section•prior to imposing,
orderin¢, or recommending the imposition of penalties and sanctions
under this Order. �o order for debarment of any contractor from
further Government rontracts under SPcrion 209(ai(6) shall be ;made
' without atfording the contractor an opportunity for a hearing.
SUBPART AND PEVAL77ES
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
T
8020.1
Appendix 1
(2) Recommend to the Department of Justice that in cases in
which there is substantial or material viblation or the threat of sub-
stantial or material violation of the contractual provisions set forth
in Section 202 of this Order, apuropriate proceedings be brought to
enforce those provisions, including the enjoining, within the limita-
tions of applicable law, of organizations, individuals, or groups who
prevent directly or indirectly,or seek to prevent directly or indirectly,
compliance with the provisions of this Order.
(3) Recommend to the Equal Employment Opportunity Commis-
Sion or the Department of Janice that appropriate proceedings be
instituted under Title VII of the Civil.Rights Act of 19G4.
(4) Recommend to the Department of Justice that criminal pro-
ceedings be brought for the furnishing of false information to any cor.-
tracting agency or to the Secretary of Labor as the case may be.
(5) Cancel,terminate,sus-pend,or cause to be ca.nceied,terminated,
or suspended, any contract, or any portion or portions thereof, for
failure of the contractor or subcontractor to comply with the non-
discrimination provisions of the contrzot.Contracts may be cancelled,
terminated, or suspended absolutely or continuance of contracts may
be conditioned upon a program. for future compliance approved by
the contracting agency.
(6) Provide that any contracting agency shall refrain from enter-
' iug into further contracts, or extensions or other modifications of
existing contracts, with any noncomplving contractor, until such con-
tractor has satisfied the Secretary of tabor that such contractor has
established and will carry out personnel and employment policies in
compliance with the provisions of this Order.
(b) Under rules and regulations prescribed by the Secretary of
Labor, each contracting agency shall make reasonabie efforts within
a reasonabie time tilniL'aLkUu w SeCiiiB czinpl:a.ce with the Zontract
provisions of this Order by methods of conference,conciliation,medi-
ation, and persuasion before proceedings shall be instituted under
Subsection (a)(2) of this Section. or before a contract shall be can-
celed or terminated in whole.or in part under Subsection (a)(5) of
this Section for failure of a contractor or subcontractor to comply
with the contract provisions of this Order.
SEc. 210. Any contracting agency taking any action authorized by
this Subpart, whether on its own motion, or as directed by the Secre-
tary of Labor, or under the rules and regulations of the Secretary,
shall proanpcly notify the Secretary of such action. Whenever the
Secretary of Labor makes a determination under this section,he shall
promptly notify the appropriate contracting agency of the action
recommended. The ezencv shall take such action and shall report
• the results thereof to the Secretary of Labor within such time as the
Secretary shall specify.
Sze. 211. If the Secretary shall so direct,contracting agencies shall
not enter into contracts with any bidder or prospective contractor
unless the bidder or prospective oontractor has satisfactorily complied
with theprovisions of this Order or submits a program for compliance
acceptable to the Secretary of Labor or,if the Secretary so authorizes,
to the contracting agency.
Sac. 212. Whenever a contracting agency cancels or terminates a
contract, or whenever a contractor has been debarred from further
Page 6
8020.1
Appendix 1
Government contracts, under Section 209(a)(6) because of noncom-
pliance with the contract provisions with regard to nondiscrimination,
the Secretary of Labor, or the contractinj� agency involved, shall
promptly notify the Comptroller General or the United States. Any
such debarment may be rescinded by the Secretary of Labor or by
the contracting agency which imposed the sanction.
8t1WA= !r-CXRTIFICATM OF IC=
SEc. 213. The Secretary of Labor may provide for issuance of a
United States Government Certificate of Iferit to employers or labor
unions, or other agencies which are or may hereafter be er.¢¢a ed in
i work under Government contracts, if the Secretary is satisfie that
the personnel and employment practices of the employer, or that the
personnel, training, apprenticesrup, membership, grie,-ance and rep-
resentation, upgrading, and other practices and poiicies of the labor
union or other agency conform to the purposes and provisions of this
Order.
Sac. 214. Any Certificate of Merit may at any time be suspended
or revoked by the Secretary of Lal or if the holder thereof, in th3
Judgment of the Secretary, has failed to comply with the provisions
of iEs Order.
SFc.215. The Secretary of LA- bor may provide for the exemption
of any employer, labor union, or other agency from anv reporting
requirements imposed under or pursuant to this Order if such em-
plover, labor union, or other agency has been awarded a Certificate
of Herit which has not been suspended or revoked.
All .
Parr JII—No.ralecP.rxlxaTlox Paom��,,im-Ts ur Fr.DEsau r Assiamm
\�
CONumucTrox o.YmACTs
Seo.301. Each executive department and agency which administers
a program involving Federal financial assistance shall require as a
condition for the approval of any grant, contract, loan, insurance, or
guarantee thereunder.which may involve a construction contract,that
the applicant for Federal assistance undertake and agree to incorpo-
rate, or cause to be incorporated, into all construction contracts pard
for in whole or in Dart with funds obtained from the Federal Guvern-
meat or borrowed on the credit of the Federal Government pursuant
to such grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involvine such grant,contract,loan,
insurance, or guarantee, the provisions prescribed for Government
contracts b7 Section 203 of this Order or such modification thereof,
Dreesrsing in substance the contractors obligations thereundRr,as may
' . 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 United States in the enforcement of tho5o obli-
gations. Each such applicant shall also undertake and agree (1) to
assist and cooperate actively with the administering deDartment or
agency and the S-wretary 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
Appe 3i.r. 1
to the Secretary of Labor such information as they may require for
the supervision of such compliance, (3y 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
any contract for the construction, reliabilitation, alteration, conver-
sion, extension, or repair of buildings, highways, or other improve-
ments to real property.
(b) The provisions of Part II of this Order shall apply to such
construction contracts, and for purposes of such application the ad-
ministering department or agency shall be considered the contracting
agency referred to therein.
(c) The term "applicant" xs used in this Order means an applicant
for Federal assistance or, as determined by agency ree lation, other
program participant, with respect to whom an application for any
grant,contract, loan, insurance, or guarantee is not hnally 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 Secretar; 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 trice any
or all of the following actions: (1) cancel, terminate, or suspend in
whole or in part the agreement, contract, or other arrangement with
such applicant with respect to which the failure and refusal occurred;
(2) refrain from extending any further assistance to the applicant
under the program.with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been
received from such applicant; and (3) refer the case to the Depart-
ment of Justice for appruuriate legal proceedings.
(c) Any action with respect to an applicant pursuant to Subsection
(b) shall-be taken in conformity with 6ection 602 of the Civil Rights
Act of 1 rte} ka.d u:.z 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.
Sac. 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
�e
HUD-WQ8k..D.G
8020.1
ppenaix
would tend to bring the administration of such requirements into con-
formity with the administration of requirements imposed under this
Order: Provided, That actions to effect compliance by recipients f
Federal financial assistance with requirements imposed pursuant
Title VI of the CivilR hts 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.
. Pairr IV—MtscEt.t.sxEovs
SEc.401. The Secretary of Labor may delegate to any*oflicer,agency,
or employee i.1 the Executive brancirof the Government, any function
or duty of the Secretary under Parts II and III of this Order,except
�+ authority to promulgate rules and regulations of a general nature.
M.402. The Secretary of Labor shall provide administrative sup-
port for the execution of the program known as the "Pians for
Progress."
Sm 403. (a) Executive Orders Nos. 10590 (January 19, 1955),
10722 (August 5, 1957),1), are herebyMarch sul e6rsededland the PreJune sident's
and 11162 (July 28, 1364),
Committee on Equal Employment Opportunity established by Ex-
ecutive Order No. 10925 is hereby abolished. all records and property
in the custody of the Committee shall be transferred to the Civil Service
Commission and the Secretary of Labor, as appropriate.
(b) Nothing in this Order shall be deemed to relieve any person of
any obligation assumed or imposed under or ursuant to any Execu-
tive Order superseded by this Order. all rules, regulations, orders,
instructions, designations, and other directives issued by the Presi-
dent's Committee on Equal Employment Opportunity and those issued
by the heads of various depsrtmenw or a�;aacicz rider or r'�='=1=n'-he
any of the Executive orders superseded by this Order, spall, 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.
She. 485. This Order shall become effective thirty days after the
Sate of this Order.
Lnmpox B.Joxxsox.
Tum Wiarrr Hovsi.
September 24,1965.
Page 9
HIJC-awn., o.v.
1
8020.1 '
A
Appendix 1
COORDINATION BY ATTORNEY GE Ei;AL
Executive Order M47
130 F.R. 121271
PROVIDING FUR THE Coo=rxATION sy I A7roR.\'EST GENERAL OP
ENFORCt I&';T of Tnix VI OF TIS CML RIOHTs ACA OF 1954
Whereas the Depa `r,ients and agencies of the Federal Government
have adopted uniform and consistent regulations implementing Title
VI of the Civil Ri;:hts Act of 1964 and, in cooperation with the
President's Council on Equal Opportunitv, have embarked on a
coordinated program of enforcement of the provisions of that Title;
Whereas the issues hereafter arising in connection with coordi-
nation of the activities of the departments and a-encies under that
Title will be predominantly legal in character and in nnany cases will
be related to ''udirial enforcement:and
Whereas the Attorney Generai is the chief law of,9car of the Federal
Government and is charged wia.i; the duty of enforcing the laws of
the United States:
Now, therefore, by virtue of the sirthority vested in me as President
of the United States by the Constit.ution and laws of the United
States,it is ordered as follows:
SE=O:r 1. The Attorney General shall assist Federal departments
and agencies to coordinate their programs and activities and adopt
consistent and uniform policies,practices,and procedures with resnect
to the enforcement of Title VI of the Civil Rights Act of 1964.Ha
may promulgate such rules and regulations as he shall deem neces-
sa.ry to carry out his functions under this Order.
ir.. 2. Efv+ Federal department and a.;vncy shall cooperatta with
the Attorney General in the performance of has functions under this
Order and shall furnish him such reports and information as he may
request.
bic. 3. Effective 30 days from the date of this Order Executivs
Order No. 11197 of February 5, 1965, 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.
Sic. 4. All rules, regulations, orders, instructions, designations and
other directives issued by the President's Council onEqual Oppor-
tunity relating to the implementation of Title VI of the Civi! RiThts
Act of 1964 shall remain in hill force and effect unless and until
revoked or superseded by directives of the Attorney General.
10 TxE WHrre Horsr, Lym)o.r B. JopmsoN.
September 34, 1965.
O. S.GOVp 144. C2IT PRINTLYG OrrICL:Islo O-329-317 fell
esz-sss
Page 10
DEPARTMENT OF LABOR
Ofnce of Federcl 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 Lcbor
toadopt New Model Federal EEO Bid Conditions for inclusion in Federal and federally
assisted construction contracts and subcontracts in selected areas.
The Following Model Federal EEO Bid Conditions are issued to carry out the purposes
of Executive Order 11246, as amended. The Model Federal EEO Bid Conditions reflect
changes which were made as a result of comments received on the proposed Model Federal
EEO Bid Conditions. The comments received were equally distributed between those
favorable and unfavorable. In general those favorable felt that deletion of the Bidders'
Certification will eliminate undue and costly delays resulting from contractors and subcon-
tractors being declared nonresponsive because of their failure to fill in a form correctly.
Those opposed to elimination of the Bidders' Certification felt that a ore-oward certifi-
cation is essential in establishing the contractors' and subcontractors' commitment to affir-
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 Comoonv
v. Brennan, 508 F. 2d 1039 (7th Cir. 1975), the failure of o bidder to specify its
goads for minority employment q
p yment 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 rea-
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
'i requirements. Instead, the Federal EEO Bid Conditions clearly notify prospective bidders
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 mason that the new Model Federal EEO Bid Conditions make the of-
firmative action requirements binding on all bidders who submit signed bids.
Accordingly, effective September 1, 1976, all contracting and administering agencies
are directed to adopt the new Model.
Federal EEO - Bid Conditions for inclusion in.all future invitations I'or bids on ail
non-exempt Federal and federally assisted construction contracts and subcontracts
awarded in areas covered by hometown plans (Port n and Part 11 EEO requirements.
Further, all other forms of Federal EEO Bid Conditions containing hometown plans and
Part II EEO Bid Condition requirements now in use for such areas are not to be in-
cluded in Invitctions for Bid after adoption of the new Model Federal EEO Bid Con-
ditions.
This new format has been coordinated through the Office of Federal Procurement
Policy of the Office of Management and Budget in accordance with P.L. 93-400,
the Office of Federal Procurement Policy Act.
Set forth below are the new Model Federal EEO Bid Conditions:
BID CONDITIONS
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
For all Non-Exempt Federal and Federally-
Assisted Construction Contracts to be Awarded in
(NASSAU AND SUFFOLK COUNTIES, NEW YORK)
NOTICE
EACH BIDDER, CONTRACTOR OR SUBCONTRACTOR (HEREINAFTER THE CON-
TRACTOR) MUST FULLY COMPLY WITH EITHER PART I OR PART 11, AS APPLICABLE,
OF THESE BID CONDITIONS AS TO EACH CONSTRUCTION TRADE IT INTENDS TO
USE ON THIS CONSTRUCTION CONTRACT AND ALL OTHER CONSTRUCTION WORK
(BOTH FEDERAL AND NON-FEDERAL) IN THE NASSAU - SUFFOLK AREA DURING
THE PERFORMANCE OF THIS CONTRACT OR SUBCONTRACT. THE CONTRACTOR
COMMITS ITSELF TO THE GOALS FOR MINORITY MANPOWER UTILIZATION IN
EITHER PART 1 OR PART II, AS APPLICABLE, AND ALL OTHER REQUIREMENTS,
TERMS AND CONDITIONS OF THESE BID CONDITIONS BY SUBMITTING A PRO-
PERLY SIGNED BIO.
THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE
RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND
CONDITIONS OF THESE BID CONDITIONS.
Part I: The provisions of this Part I apply to contractors which are party to collective
bargaining agreements with labor organizations which together have agreed to the
NASSAU - SUFFOLK Area Construction Program (hereinafter the NASSAU - SUFFOLK
PI on) 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
re fe ne nce.
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
t .
therefore be in compliance with Part I of these Bid Conditions by its participation with
the labor organization which represent its employees in the NASSAU-!iUFFOLK Plan as
to one trade provided them 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 11, Section A) must comply with the commitments contained in Part II including
goals for minorities and female utilization set Forth in Part 11.
If a contractor does not comply with the requirements of these Bid Conditions, it shall
be subject to the provisions of Part II.
Part II : A. Coverage. The provisions of this Part 11 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 ore parties to collective
bargaining agreements;
3. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective
bargaining agreements with labor organizations which are not or hereafter cease to be
signatories to the NASSAU-SUFFOLK Plan
4. 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 plan which is no longer acceptable
to the Director, OFCCP, including the NASSAU-SUFFOLK Plan.
6. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective
bargaining agreements with labor organizations which together have iFaifed to make
a good faith effort to comply with their obligations under the NASSAU-SUFFOLK
Plan and, as a result, have been placed under Part 11 of the Bid Conditions by the
Office of Federal Contract Compliance Programs.
B. Requirement -- An Affirmative Action Plan. Contractors described in para-
graphs 1 through 6 above shall be subject to the provisions end requireme�t; of Part
11 of these Bid Conditions including the goals and timetables for minority_ utiliza-
tion, and specific affirmative action steps set forth in Sections B.1 and 2 of this Part
II. The contractor's commitment to the goals for minority utilization as required by this
Part II constitutes o 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 I. For all such
trades the following goals and timetables shall be applicable.
Goals for
Minority
Utilization
Until (1/1/74)
From ( ) to ( ) )
From ( ) to ( ) ( )
` From ( ) to ( ) ( )
From ( ) to ( ) ( ) 2/
The goals of minority and female utilization above are expressed in terms of hours of
training and employment as a proportion of the total number of hours to be worked by
the contractor's aggregate work Force, which includes all supervisory personnel, in each
trade on all projects (both Federal and non-Federal) in the NASSAU-SUFFOLK Plan
area during the performance of its contract (i.e. , the period beginning with the first day
of work on the Federal or federally assisted construction contract and ending with the 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, end 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 o year later than the latest year for which goals of minority utilization have
been established, the goals for the last year of the Bid Conditions will be applicable
to such work.
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 If and has
made every good faith effort to make these steps work tarvard the attainment of its goals
within the timetables, all to the purpose of expanding minority utilization in its ag-
gregote 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- PI'
SUFFOLK Plan) or subject to Port II which fails to achieve its commitments to the goals
for minority utilization has the burden of proving that it has engaged in a affirmative
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 r_ferred to it by any individual or organization and whot 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
contractor, 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 had 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 at reasonable intervals
in union publications. The EEO policy should be Further disseminated by conducting
staff meetings to explain and discuss the policy; by posting of the policy; and by review of
the policy with minority employees.
e. The contractor should have disseminated its EEO policy externally by informing
and discussing it with all recruitment sources; by advertising in news media, specifi-
cally including minority news media and by notifying and discussing it with all subcon-
tractors.
f. The contractor should- 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 hir*s, transfer, promo-
tion, training or retention are being used in a manner that does not violate the OFCCP
Testing Guidelines in 41 CFR Part 60-3.
h. The contractor where reasonable should have developed on-the-job training
opportunities and participated and assisted in all Department of Labor funded and/or
approved training programs relevant to the contractor's employee needs consistent with
its obligations under this Part 11.
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 of minority
employees for promotional opportunities on quarterly basis and the encouragement of
such employees to seek those opportunities.
1 . The contractor should have solicited bids for subcontractors from available
minority subcontracts engaged in the trades covered by these Bid Conditions, including
circulation of minority contractor associations.
ComplNOTE: The Assistant Regional Administrator of the Office of Federal Contract
io a Programs and the compliance agency staff will provide technical assistance
1 on questions pertaining to minority recruitment sources, minority community organizations
and minority news media upon receipt of a request for ossistance 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 the submission of their bids which,
together with labor organizations with which they have collective bargaining agreements,
subsequently become signatory to the NASSAU-SUFFOLK Plan, either individually or
through an association, will be deemed bound to their commitments to the NASSAU-
SUFFOLK Plan from that time until and unless they once again become subject to the
requirements of Part 11 pursuant to Section A. 1-6.
4. Non-discrimination. In no event may a contractor utilize the goals and
affirmative action steps required by this Part If in such a manner as to cause or result
in discrimination against any person on account of race, color, religion, sex or national
origin.
Part III : Compliance and Enforcement. In oil cases, the cornpliance 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 I.
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 I, provided the contractor together with the labor organization or organizations
with which it has a collective bargaining agreement meet the goals for minority utiliza-
tion to which they committed themselves solely responsible for any, final determination of
that question and the consequences thereof.
3. Where OFCCP finds that a contractor has failed to comply with the requirements
of the NASSAU-SUFFOLK Plan and its obligations under Part I of these Bid Conditions, it
shall take such action and/or impose such sanctions as may be appropriate under the
Executive Order and its regulations. When the OFCCP proceeds with such Formal action
it has the burden of proving that the contractor hos not met requirements of these Bid
Conditions. The failure of the contractor to comply with its obligations under the Equal
Opportunity clause shall shift to it the requirement to come forward with evidence to
show that it has met the good faith requirements of these Bid Conditionsby instituting at
least the specific affirmative action steps listed in Part 11, Section 2. he contractor
must also provide evidence of its steps toward the attainment of its trade's goals within
the timetables set forth in the NASSAU-SUFFOLK Plan. The pendency of such formal
f
proceedings shall be token 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 low.
B. Contractors Subject to Part II . In regard to Part li of these Bid Conditions,
if the contractor meets the goo s in the NASSAU-SUFFOLK P1cn, or can demonstrate
that every good faith effort has been make to meet the goal. In that event no formal
sanctions or proceedings leading toward sanctions shall be instituted unless the Office
of Federal Contract Compliance Programs determines that the contractor has violated a
substantial requirement In the NASSAU-SUFFOLK Plan or Executive Order 11246,
as amended, and its implementing regulations, including the failure of such contractor to
make a good faith effort to meet its fair share obligation if provided in the NASSAU-
SUFFOLK Plan or has engaged in unlawful discrimination. Such violations shall be
deemed to be noncomoliarce with the Equal Opportunity clause of the contract, and
shall be grounds for opposition of the scantions and penalties for in Executive Order
11246, as amended.
2• The OFCCP shall review Part I contractors' employment practices during the
Performance of the contract. Further, OFCCP shall be solely responsible for any
final determination that the NASSAU-SUFFOLK Plan is no longer on acceptable of-
firmative action program and the consequences thereof. The OFCCP may, upon re-
view and notice to the contractor and any affected labor organization, determine
that the NASSAU-SUFFOLK Plan no longer represents effective affirmative action.
In that event it shall be set forth therein or can demonstrate that it has made every
good faith effort to meet these goals, the contractor shall be presumed to be in com-
pliance with Executive Order 11246, as amended, the implementing regulations and its
obligations under Part 11 of these Bid Conditions. In that event, no formal scrctions
or proceedings leading toward sanctions shall be instituted unless the contracting or
administering agency otherwise determines that the contractor is violating the Equal
Opportunity clause.
Where the agency finds that the contractor failed to comply with the require-
ments of Executive Order 11246, as amended, the implementing regulations and the obligations
under Part II of these Bid Conditions, the agency shall take such action and impose such
sanctions, which include suspension, termination, cancellation, and debarment, as may be
appropriate under the Executive Order and its regulations.
such formal action it has the burden of proving that the conte ctorhen thashe onot et the
with
contained in pall 11 of these Bid Conditions. The contractor's failure to meet its goals Is
shift to it the requirement to come forward with evidence to show that it has met the good
faith requirements of these Bid Conditions by instituting at least the specific affirmative
action steps listed in Part 11, Section 2. The pendency of such proceeding shall be taken
into consideration by Federal agencies in determining whether such contractor can comply
with the requirements of Executive Order 11246, as amended, and is therefore a "Respon-
sible prospective contractor" within the meaning of the basic principles of Federal
Procurement law.
C. Obligations Aaolicebie to Contractors Subject to Either Part I or Part II.
It shall be no excuse that the union with which the contractor as bar-
gaining
co active a
gaining agreement providing for exclusive referral failed to refer minority employees.
Discrimination in referral for employment, even if pursuant to provisions of a collective
bargaining agreement,is prohibited by the National Labor Relations Act, as amended,
cpd Title VII of the Civil Rights Act of 1964, as amended . It is the policy of the
Office of Federal Contract Compliance Programs that contractors have: a responsibility
to provide equal employment opportunity if they wish to participate in federally in-
volved contracts. To the extent they have delegated the responsibility For some of
their employment practices to a labor organization and, as a result, are prevented from
meeting their obligations pursuant to Executive Order 11246, as amended, such contractors
cannot be considered to be in compliance with Executive Order 11246, as amended, its
implementing rules and regulations.
Part IV: General Requirements. Contractors are responsible for informing
their subcontractors in writing, regardless of Her, as to their respective obligations under
Parts I and 11 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 contrcctor shall give notice to the Assistant
Regional Administrator of the Office of Federal Contract Compliance Programs of the
Department of Lobar 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 determines not to be a "responsible" bidder for Government
contracts and Federally-vssisted construction contracts pursuant to the Executive Order.
3. The contractor shall cant' out such sanctions and penalties for violation of
these Bid Conditions and the Equal Opportunity clause including suspension, termination
and cancellation of existing subcontracts and department from future contracts as may be
imposed or ordered pursuant of Executive Order 11246, as amended, end 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 noncomplicone with these Bid Conditions and Executive
Order 11246, as amended.
4. Nothing herein is intended to relieve any contractor during the term of its
contract from compliance with Executive Order 11246, as amended, and the Equal
Opportunity clause of its contract with respect to matters not covered in the NASSAU-
SUFFOLK Plan or in Part 11 of these Bid Conditions.
a'
The procedures set forth in these Bid Conditions shall not apply to any
contract which the head of the contracting or administering agency determines is
essential to the national security and its award without following such procedures
is necessary to the national security. Upon making such a determination, the
agency head will notify, in writing, the Director of the Office of Federal Contract
Compliance Programs within thirty days.
6. Requests for exemptions from these Bid Conditions must be made , in writing,
with justification, to the Director, Office of Federal Contract Compliance Programs, U.S.
Department of Labor, Washington, D.C. 20210, and shall be forwarded through and
with the endorsement of the head of the contracting'or administering agency.
7. Contractors must keep such records and file such reports relating to the
provisions of these Bid Conditions as shall be required by the contracting or admin—
istering agency or the Office of Federal Contract Compliance Programs.
` 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 6 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) 979-8300
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) , HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 02/19/1993
1 02/26/1993
:? 03/12/1993
:3 03/19/1993
44 04/02/1993
55 04/16/1993
6 05/07/1993
NY930013 1
COUNTY(ies) :
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
BOILERMAKER Rates Fringes
$29 . 65 2 . 90+47o+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
MARBLE SETTERS : Rates Fringes
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
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
Rates Fringes
CARPENTERS:
Nassau County (except that part South
of the Southern State Parkway West of
Seaford Creek, also smithtown Islip
line on the East, Long Island Sound
on the North and Middle Island RR
track on the South:
Carpenters; Acoustical ; Drywall
Installers:
,Building, Residential (under 2
stories) , Heavy & Highway 27 . 85 11. 45
-----------------------------------------------------------------
r^.
CARP0890G 07/01/1992
Rates Fringes
CARPENTERS:
Nassau County (Remainder of
County) : 26. 66 13 . 50
-----------------------------------------------------=-----------=
CARP0890H 07/01/1992
Rates Fringes
CARPENTERS:
Suffolk County:
Building and Residential 26 . 84 12 . 40
Heavy & Highway 26. 89 12 . 40
-----------------------------------------------------------------
CARP1456J 07/01/1992
Rates Fringes
DIVERS 32 . 05 13 . 50
DIVERS TENDERS 24 . 51 13 . 50
DOCKBUILDERS 26 . 66 13 . 50
PILEDRIVERMAN 26 . 66 13 . 50
SOFT FLOOR LAYERS 26 . 66 13 . 50
PAPERHANGERS 23 . 88 10. 48
=-------------7--------------------------------------------------
ELECO025B 05/01/1992
Rates Fringes
ELECTRICIANS 29 . 35 14 . 89
NY930013 - 3
•
LINE CONSTRUCTION:
Lineman, Technician,
Heavy Equipment operator,
Truck Driver & Groundman 29 . 35 14 . 89
-------------------------------------------
* ELEC0025C 05/01/1992
Rates Fringes
ELECTRICIANS:
Wiring or single or multiple family
dwellings and apartments up to and
including 2 stories 19 . 60 8 . 37
Maintenance Unit 22 . 25 9 . 55
Telephone Unit 21. 42 10. 09
-----------------------------------------
ELEV0001B 07/01/1992
Rates Fringes
ELEVATOR CONSTRUCTORS 27 .77 8.77+a
HELPER 20. 830 8 .77+a
PROB. HELPER 13 . 885
FOOTNOTES :
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.
-------
------------------------------------- --
ENGI0138A 06/01/1992
Rates Fringes
BUILDING CONSTRUCTION
21 . 47 16 . 04+a
GROUP 1
GROUP 2 21 . 885 16 . 04+a
.. 22 . 01 16 . 04+a
GROUP 3
GROUP 4 22 . 035 16 . 04+a
5 22 . 13 16. 04+a
GROUP
GROUP 5 22 . 26 16 . 04+a
GROUP 7 22 . 385 16. 04+a
GROUP 8 22 . 55 16. 04+a
GROUP 9 22 . 635 16 . 04+a
GROUP 10 23 . 01 16 . 04+a
GROUP 11 23 . 06 16 . 04+a
GROUP 12 23 . 135 16 . 04+a
GROUP 13 23 . 16 16 . 04+a _
GROUP 14 23 . 33 16. 04+a
GROUP 15 23 . 385 16 . 04+a
NY930013 - 4
Y ,
GROUP 16 23 . 535 16.04+a
GROUP 17 23 . 55 16. 04+a
GROUP 18 23 . 56 16.04+a
GROUP 19 23 . 585 16.04+a
GROUP 20 23 . 61 16.04+a
GROUP 21 23 .71 16.04+a
GROUP 22 23 .735 16.04+a
GROUP 23 23 . 76 16.04+a
GROUP 24 23 . 81 16.04+a
GROUP 25 23 . 835 16. 04+a
GROUP 26 23 . 86 16.04+a
GROUP 27 23 .935 16.04+a
GROUP 28 23 . 96 16.04+a
GROUP 29 24 . 01 16.04+a
GROUP 30 24 . 09 16,04+a
GROUP 31 24 . 39 16.04+a
GROUP 32 24 . 81 16. 04+a
GROUP 33 25. 035 16. 04+a
GROUP 34 26 . 43 16. 04+a
NOTES:
Hazmat premiums: Level A 1.00
Level B 2 .00
Level C 3 .00
FOOTNOTE:
a. Paid Holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Christmas 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
NY930013 - 5
'GROUP 14 Curb machine, asphalt or concrete; curing machine,
Pump, sumbersible, tower_ crane, maintenance man
GROUP 15 Roller, boiler, bulldozer, Compressor, on crane,
compressor, pile work, Compressor, stonesetting,
concrete breaker, conveyor, generator, pile
work, loading machine, front end, maintenance engineer
mechanical compactors, machine drawn, power winch
other than stone or steel, power winch, truck mounted,
not stone/steel, powerhouse, pulvi-mixer, Pump, double
action diaphragm, pump, gypsum, pump, hydraulic, pump
hydraulic, pump, jet; pump, single action 1 to 3,
welding and burning, welding machine, pile work
GROUP 16 Compressor, structural steel
GROUP 17 Forklift, walk behind, power operated
GROUP 18 Asphalt spreader
GROUP 19 Boom truck, Conveyor, multi, Crane, crawler or truck,
plant engineer, Stone spreader, self propelled
GROUP 20 Welding machine, structural steel
GROUP 21 Dredge
GROUP 22 Batching plant, on site of job, Power winch
stone or steel, Power winch, truck mounted, stone or
steel, Pump, concrete
GROUP 23 Forklift, Hoist, 1 drum, Interior hoist, Zamboni ice
machine
.GROUP 24 Hoist, 2 drum, Hoist, 3 drum
GROUP 25 Backhoe, Dragline, Gradall , Pile driver, Shovel
GROUP 26 Tank work
GROUP 27 CMI or maxim spreader, concrete spreader, Derrick,
Sideboom tractor, Trench machine
GROUP 28 Boom truck, setting structural steel/stone, Crane,
stone setting
GROUP 29 Scoop, carry all , scraper in tandem
GROUP 30 Sideboom tractor, used in tank work
GROUP 31 Tower crane, engineer
GROUP 32 Hoist, Tandem platform
GROUP 33 Lead engineer '
GROUP 34 Hoist, multiple platform
ENGI0138B 06/01/1992
Rates Fringes.
POWER EQUIPMENT OPERATORS
HEAVY AND HIGHWAY CONSTRUCTION
GROUP 1 26. 110 16 . 04 + a
GROUP 2 24 . 635 16. 04 + a
GROUP 3 24 . 380 16. 04 + a
GROUP 4 24 . 235 16. 04 + a
GROUP 5 24 . 225 16 . 04 + a
GROUP 6 24 . 010 16 . 04 + a
GROUP 7 23 . 985 16. 04 + a
GROUP 8 23 . 950 16. 04 + a
GROUP 9 23 . 895 16. 04 + a
NY930013 - 6
GROUP 10 23 .845 16. 04 + a
GROUP 11 23 . 835 16. 04 + a
GROUP 12 23 . 735 16. 04 + a
GROUP 13 23 . 550 16. 04 + a
GROUP 14 23 . 510 16. 04 + a
GROUP 15 23 .470 16. 04 + a
GROUP 16 23 . 430 16.04 + a
GROUP 17 23 . 415 16. 04 + a
GROUP 18 23 . 375 16. 04 + a
GROUP 19 23 . 200 16. 04 + a
.GROUP 20 23 . 120 16.04 + a
GROUP 21 22 .825 16. 04 + a
GROUP 22 22 . 255 16. 04 + a
GROUP 23 22 . 110 16.04 + a
GROUP 24 22 . 050 16.04 + a
GROUP 25 21. 905 16. 04 + a
GROUP 26 21. 815 16.04 + a
GROUP 27 21. 800 16. 04 + . a
GROUP 28 21.795 16. 04 + a
GROUP 29 21.760 16. 04 + a
GROUP 30 21. 585 16. 04 + a
NOTES:
Hazmat premiums:
Level A 1. 00
Level B 2 . 00
Level C 3 . 00
Truck and Crawler Cranes long boom premiums:
boom lengths (including jib) 100-149 ft . 50
boom lenghts (including jib) 150-249 ft .75
boom lenghts (including jib) 250-349 ft 1. 00
boom lengths (including jib) 350 ft -'- 1.50
Cranes using clamshell buckets .25
Front end loader 10 yds and above . 25
FOOTNOTE:
a. Paid Holidays: New Years Day, Memorial Day, Independence Day
Labor Day, Thanksgiving Day, Christmas Day, Lincoln's Birthday
Washington's Birthday, Columbus Day, Election Day and Veterans's
Day.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1 Lead Engineer
GROUP 2 Tower Crane, Engineer; Scoop (carry-all, scraper in
tandem)
GROUP 3 Dragline; Gradall ; shovel ; Road Paver; Pile Driver;
Crane, stone setting; Backhoe; Crane, structural steel
GROUP 4 Tank Work; Derrick; Sideboom Tractor (used in tank
work) ; Crane, on barge; Batching Plant (on site)
GROUP 5 Power Winch (stone setting/structural steel) ; Trench
Machine; Hoist (3 drum) ; Power Winch (truck mounted -
stone or steel)
GROUP 6 OMI or Maximum Spreader; Sideboom Tractor; Stone
NY930013 - 7
' Spreader (self propelled
) ; Asphalt ; Conveyor
(multi) ; Crane, Crawler or Truck; ConncreterSpreader;
Boring Machine (other than post holes) '
Plant Engineer % Boom Truck;
GROUP 7 Loading machine (w/bucket more than 10
GROUP 8 Boring Machine (post holes) Yards)
GROUP 9 Welding Machine (structural steel
setting) ; Compressor (structural steel) pressor (stone
GROUP 10 Dredge
GROUP 11 Work Boat
GROUP 12 Generator (pile work
(front end) ; ComrpessorHooist (2 drum) ; Loading Machine
(pile work) ; Powerhouse; Power
Winch (truck mount
other than stone o; Welding Machine
(pile work) ; Power Winch (other than stone/steel) ;
compressor (on crane)
GROUP 13 Mechanical Compactors (machine drawn) ; Roller (5 ton and
over)
GROUP 14 Boiler
GROUP 15 Pump (concrete)
GROUP 16 Compressor (2 or more in battery)
GROUP 17 Grader; Milling Machine (lar e
GROUP 18 Portable Heaters g ) % Milling Machine (small)
GROUP 19 Hoist (1 drum) ; Pump (well point
Engineer; conveyor; Welding and BruVac-All;
in ; Pump (4 inches
or over) ; Loading Machine; Pum u p (4 inches
Mixer; Pump (jet) ; fork Lift ; p (hydraulic) ; Pulvi-
e tower Crane Maintenance
Man; Scoop (carr
Machine; Pump(carryfork
scraper) ; Concrete Finishing
Machine p (submersibile) ; Curing Machine; Curb
Asphalt or Concrete; roller (5 ton and under) ;
Dinky Locomotive; Fireman; Bulldozer
GROUP 20 Powerboom
GROUP 21 Pump (single action 1 to 3)
diaphragm) ; Mulch Machine; PPUMmp (double action
Machine; Pin Puller; Stri (gypsum) Welding
in p
GROUP 22 Powerboom p g Machine; Compressor
GROUP 23 Power Grinders; Ridge Cutter;
Hammer; Fork Lift (walk behind, Power oerated)
(with skip) ; Hydra
Concrete Saw or Cutter; ConcretepBreaker; Mixer'
or over with or without skip) ; Power Bu (2 bag
small with or without skip) ggies; Mixer (2
GROUP 24_ Oiler, on truck crane w/over 100 ft boom
GROUP 25 Vibrator, 1 to 5
GROUP 26 In-Shop Rate, mechanic
GROUP 27 Grinder; Oiler; Deck Hand; Root Cutter; Stum Chi
Track Tamper (2 engineers - each p Aper%
GROUP 28 Generator (small) ) Tower Crane, Oiler
GROUP 29 Mechanical Compactors (hand operated
(hand) ; Bending Machine; m pu ) % Trench Machine
inches) P (centrifugal - up to 3
.GROUP-30-Tractor- (Caterpillar- -
-orWheel)
IRON0040A 07/01/1992
Rates Fringes
NY930013 - 8
r ' NASSAU COUNTY
IRONWORKERS (STRUCTURAL) 24 . 00 25.78
----------------------------------------------------------------
IRON0046C 07/01/1992
Rates Fringes
IRONWORKERS (METALLIC LATHERS) 32 . 42 7 .59
----------------------------------------------------------------
IRON0197A 01/01/1993
Rates Fringes
IRONWORKERS (STONE DERRICKMAN) 27 . 33 18. 18
----------------------------------------------------------------
IRON0361A 07/01/1992
Rates Fringes
SUFFOLK COUNTY
IRONWORKERS (STRUCTURAL) 24 . 00 25.78
-----------------------------------------------------------------
IRON0580A 07/01/1992
Rates Fringes
IRONWORKERS (ORNAMENTAL) 24 . 60 19.55
-----------------------------------------------------------------
* LAB00066A 01/01/1993
Rates Fringes
LABORERS:
BUILDING
Laborers 21. 40 9 . 83
Plasterers tenders 20.50 6. 10
-----------------------------------------------------------------
LABO1298P 07/01/1992
Rates Fringes
HEAVY & HIGHWAY:
Concrete & asphalt rakers
„_. Asphalt workers & roller workers ;
asphalt trop shovelers & smoothers;
asphalt tampers 20. 72 260+4 . 35+a
Jackhammers and drill men;
carpenter's tenders; pipe
joiners and setters; concrete
laborers (structures) ; stone
spereading laborers; yard laborers
puddlers on concrete pavement;
asphalt plant (batcher & hoppermen) ;
all other- wnskilled laborers (other
than above on concrete) 18 . 73 260+4 . 35+a
FOOTNOTE:
NY930013 - 9
a. New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, Martin Luther King, Jr.
Birthday, Washington"s Birthday, Columbus 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 20. 68
Spraying, scaffold or rolling 11. 60
scaffold over 18 feet 23 . 15
Sandblasting; structural steel 11. 60
Repaint of hospitals, schools 28 . 26 11. 60
and apartment houses
---------------------------------------
_- 18 . 09
--------------- 10. 59
-------------------------
PLAS0001X 05/01/1991
PLASTERERS Rates Fringes
---------------------------------------14_75500
---------- _ ------
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 $8 . 90
NY930013 - 10
"7.
r
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 & t.urnapulls 22 . 495 12 .76+a+b
FOOTNOTES:
a. Paid Holiday: Employees employed on December 24 and December
" 31 who report for work on such days shall be paid afternoon
holiday pay of four hours each day. Paid Holidays shall be
included for purposes of Vacation Credit. '-
For each 15 days worked with the contract year an employee
will receive one day vacation with pay, maximum vacation of 3
weeks per. year. In addition, an employee who qualifies for
two weeks (10 days) vacation or more with pay and who has
been continuously employed by his employer for six years
before the close of any contract year, shall be entitled to
one extra day vacation; seven years before the close of any
contract year, shall be entitled to two extra days vacation;
eight years before the close of any contract year, shall be
entitled to three extra day vacation; nine years before the
close of any contract year, shall be entitled to four extra
day vaction; ten years before the close of any contract year
or over shall be entitled to thred weeks paid vacation with
pay, but in no event shall any employee be entitled to more
than three weeks vacation pay per year.
-----------------------------------------------------------------
WELDERS: Receive rate prescribed for craft performing operation
to which welding is incidental dores.
-----------------------------------------------------------------
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only
as provided :in the labor standards contract clauses (29 CFR
5. 5 (a) 1 (ii) ) .
END OF GENERAL DECISION
NY930013 - 11
At
U.S. DEPARTMENT OF LABOR
WAGE AND HOUR DIVISION
INSTRUCTIONS FOR COMPLETING PAYROLL FOAM, NN-341
General: The use of WH-347, payroll form, is not mandatory. This form has been made available for the can- FRINGE RENEFITS — Coniract•irs who pay all required fringe benefits: A contractor who pays fringe benefits
venience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts to approved plans, funds, or programs in amounts not leas than were determined in the applicable wage decision
and subcontracts to submit weekly payrolls. Properly filled out. this form will satisfy the requirements of Rego of the Secretary of Labor shall continue to show on the face of the payroll the bask cash hourly rate and over-
lotions. Parts 3 and S (29 CFR. Subtitle A), as to payrolls submitted In connection with contracts subject to the time rate paid to his employees just as he has always done. Such a contractor shall check paragraph 4(a) of the
Davis-Bacon and related Acts. statement on the reverse of the payroll to indicate that he is also plying to approved plans,funds,or programs
not less than the amount predetermined as fringe bendits for each craft. Any exceptions shall be noted In Section
This form meets needs resulting from Ike amendment of the Davis-Bacon Act to include fringe benefits provisions. 41c).
Under this amended law, the contractor Is required to pay not less than fringe benefits as predetermined by the •
Department of Labor, in addition to payment of not less than the predetermined rats. The contractor's obligation Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee, and
to pay fringe benefits may be met either by payment of The(rings to the various plans,funds. or programs or insert in the straight time hourly rate column of the payroll, av amount not Ins than the predetermined rale for
by making Nese payments to the employees as cash in lieu of fringes. each classification plus the amount of fringe benefits determined for each classification In the applicable wage de-
cision. Inasmuch as it is not necessary to pay time and a half on cash paid In lieu of fringes,the overtime rate
This payroll provides for the contractor's showing on the face of the payroll all monis paid to the employees, shall be not Iss than the sum of the basic predetermined rate,plus the half time premium on basic or regular rate,
whether a basic rats or as cash In lieu of fringes and provides for the contractor's representation in the state- plus the required cash in lieu of fringes at the straight lime rale. In addition,the contractor shall check paragraph
mens of compliance on the rear of the payroll that he is paying to others fringes required by the contract and not 41b► of the statement on the reverse of the payroll IO Indicate that he Is paying fringe benefits In cash directly to
paid as cash in lieu of fringes. Detailed Instructions concerning the preparation of the payroll follow: his employees. Any exceptions shall be noted in Slllon 41c►.
Use of Seaton 4(c),Exceptions
Contractor or Subcontractor: Fill In your firm's name and check appropriate box.
Any contractor who is making payment W approved plata,funds,or programa to amount lees that she wage
determination requires Is obliged to pay the deficiency directly to the employes a cash In lieu of friyea. Any
Address: FIII In your firm's address. exceptions to Section 4(a) or 4(b), whichever the contractor mpy check,shall be amend to Section 4(e). Enter In
the Exception column the craft,and enter in the Explanation column the hourly amount pail the employee as cash
Column I - Name. Address. and Smiat Security number of Employee: The emptoyet's full name must be shown In lieu of fringes and the hourly amount paid to plans,funds,or programs as fringes. The contractor shall pay,
on each weekly payroll submitted. The employee's address must also be shown on the payroll covering the first and shall show that be In paying to each such employer for all hours(unless otherwise provided by applicable
week In which the employee works on the project The address need not be skown on subsequent weedy payrolls determination) worked on Federal or Federally "slated project an amount not leu than the prodaersnlned rate
unless his address change. Although not required by Regulations. Peru 9 and S.space is available in the name plus cash to lieu of fringe as shown In Section 4(c). The rate paid and amount of cash paid In lku of fringe
and address section so that Social Security numbers may be listed. benefits per hour should be emered In column 6 on the payroll. See paragraph on'Contractors who pay no fringe
bandits'for COmpalatiOn Of Oveetlme:ate
Column 2 - Withholding Exemptions: This column is merely inserted for the employer's convenience and is not
a requirement of Regulations.Parts 3 and S. Column 7 - Gross Amount Earned: Fater gross amount earned on this project. It part of the employees'weakly
wage was earned on projects other than the project described on this payroll,enter In column 7 first the amount
earned on the Federal or Federally assisted project and then the gross amount tamed during Ike week on all •
Column 3 - Work Classifications: List classification descriptive of work actually performed by employees. Con- projects,thus $63.00/120.00.
sult classifications and minimum wage schedule set forth in contract specifications If additional classifications art
deemed necessary. sit Contracting Officer or Agency representative. Employee may be shown as having worked Column 8 - Deductions: Five columns are provided for showing deductions made. If more than live deductions
-in mon than one classification provided accurate breakdown Of hours so worked is maintained and shown on should be involved,use lint 4 columns;show the balance of deductions under 'Other' column; show actual total
submitted payroll by use of separate line entries. under 'Total Deductions' column: and In the attachment to the payroll describe the deductions contained In Ike
'Other' column. All deductions must be in accordance with the provisions of the Copeland Act Regulations,29
CFR, Pari 3. 11 the employee worked on other jobs in addition to this project,show actual deductions from his
Column 4 - Hours Worked: On all contracts subject to the Contract Work Hours Standards Act enter me over- weekly gross segs,but indicate that deductions are based on his gross eyes.
lime hours all boon worked in=one of S hours per day and 40 hours a week.
Column S-Total: Self-explanatory. Column 9-Net Wages Paid for Week: Self-explanatory.
Totals -Space has been left at the bottom of the columns so that totals may be shown if the contractor so desire
Column 6 - Rate of Pry,including Fringe Benefits: In straight gene boa,los actual hourly rale paid the employer
for straight time worked plus any cash in lieu of fringn paid the employee When recording the straight time Statement Required by Rqulations. Parts 3 and S: While this form need not be notarized,the statement on the
hourly rate, any cash paid In lieu of fringes may be shown separately from she bask rate, thus 13.23/.40. This back of the payroll is subject to the penalties provided by 18 USC 1001, namely.passible Imprisonment for S
Is of assistance In correctly computing overtime. See'Fringe Benefits' below. In overtime box show overtime hourly _ years or $10.000.00 fine or both. Accordingly,the party signing this required statement should have knowledge
rale paid, plus any cash in lieu of fringes paid the employee. See 'Fringe Benefits* below. Payment of not less of the facts represented as true.
than time and one half the basic or regular rue paid is requited for overtime under the Contract Work Hours
Standards Act of 1962 In addition to paying not text than the predetermined rate for the classification it which Space has been provided between Nems 1 t 1 and (2) of the statement lot describing any deductions made. 11 all
the employee works, the cunlractur shall pay to approved plans,funds,or programs or shall pay as cash In lieu deductions made are adequately described in the 'Deductions' column above. state 'See Deduction@ column in This
of fringes amounts predetermined as fringe benefits In the wage decision made pan of the contract. See*FRINGE- payroll' See paragraph entitled 'FRINGE BENEFITS' above for instructions concerning filling out paragraph
BENEFITS'bduw. 4 of the statement '
Form WH 341 Inst (1168)
U.S DEPARIN1 Of LAWN PAYROLL � F•"A6Pfes"
f..fra IIrove.
ME44•11M1
WAGE AND NOUN DIVISION
(For Contractor's Optional UNB;See InNfrucKon,Form WN•317 IREI.)
NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS
PAYROLL NO. TOR WEEK ENDING PROJECT AND LOCATION MOJECT OR CONTRACT NO
111 zl ISI F I41 DAY AND DATE ISI IBI 111 IBI IBI
yI DEDUCTIONS NET
NAMC ADDRESS.AND BO TOTAL RATE106f WAG[f
W--IJU SECURITY NU-48 WORT( �. F 110=121 OF PAY
EARNED P!G_ 110.3 GS AMOUNT OTNNA ATL PAJO
FOR WE."•..
OF EM►LOPE[ !�� „__e1i1C.:T7 TM
t O HOURS WORNEO EACH DAY
O
S •
1
O
S
O
S
O
f
O
f
O
S
O
s
O
s
O
S
1'
Kom W11.f0=IMI•EoermY SOL INE—IDRCIIASE THIS FORM DIRECTLY FROM THE S UPT.OF DOCUMENTS
Dale 1e the eoutrad have bees or will be made to appropriate programs for the
benefit of such employees,except as noted to Section d(c) below.
(Nave of o1gauory pony I (Tree) - (b)WHERE FRINGE BENEFITS ARE PAID IN CASH
Io hereby slate:
Q—Each laborer or mechanic listed In the above referenced payroll►e•bees
Paid. as Indicated as the payroll, an amount not Ise Was the gum of the
(1) That 1 pay or supervise the payment of the persons employed by applicable basic hourly wage rate plus the amount of the required fringe
benefits as listed In the contract,acept as noted in Section d(c) below.
on the
(Coetnclor or euecoabactor) tar Ira or■ )
(e)EXCEPTIONS
that during the payroll period commencing on the
day of IB_.,and ending the day of ,IB EXCEPTION(CRAFT) EXPLANATION .
all persons employed on said pro)sd have been paid the full weekly wages oaroeC that so rebates
have been or will be made dther directly or Indirectly to or on behalf of sold
(Cesbrelor er subcontractor) from the full
weekly wages sernd by any person and that no deductions have been made either directly or
Indirectly from the fail wages earned by any person, other than permissible deductions as defined
In Regulations, Part g(29 CFR Subtitle A).thud by the Betxdary of Labor under the Copeland
Ad, as amended({S Sul 948.63 Stat. IOB.71 Slat. 887;76 Btat.167;40 U.S.C. 276c),lad des-
cribed below:
(R) That any payrolls otherwise soder Wb contract required In be submittedsubmittedfor the aboveREMARKS
period are correct and complete; that We wage rats for laborers w mechanics mdalod thsrels
are not less than the applicable wage raise contained in any wage determination Incorporated IWS
the contract;that the desslfleatioa ed forth therein for each laborer or mechanic conform with the
work be performed.
(S) Thai any apprmtics employed In the above period are duly registered In a bow fide
apprenticeship program registered with a Stale apprenticeship agency recognized by the Bureau
of Apprenticeship and Training, United States Department of Labor,or 9■o each ocognbd
agency exists Is a State. are registered with the Bureau of Appreoticeship and Training,United
States Department of Labor.
(4) That: NAME Asic Tint SIGNATURE
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS,
OR PROGRAMS
ME WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR
0— In addition to the bash:hourly wags rales paid to each laborer or mechanic �0 SUIICOTION NFR rani ai os nit uMICRI shin CODE. etc BECTIoN loot or Ting to ANO
listed to the above rderraced payroll, payments of fringe bendlts a Bated
«o ate-p-slur-/ utrao
U. S. DEPAMMENI OF LABon roo TIILY IMPLOY.WNT ,vi lif I!Aiir A i�;WA fili I All Milt
tinploymplif Standards Adnibilstirntiniv,orccP IJTILI7A1'ION 11 FP011 V Wl) MINORITY: I 110M.
" _ITI —-
AThis report Isret-iiiirrilloy Executive I i iiiii.5y-iiii
cancelled.I"rniliviled no Itiviltrulded III VVII010 or in part Illiff fill,,")Iltlscl(.# may Ill.11priat"If Inplirlio'li,for
further Government corilracts of federally asshled construction cnnlrarts. rEMALE: TO:
NAME A Nn LOCATION OF CONTRACTOR I I I)[IIAI
r I INI)INC,
AGI NCY
t ------
6. WORK 110MIS OF EMPLOYMENT (Federal i4 Non-federal)
T. 6. TOTAL IOIAL
TOTAL ALL AMERICAN N1 IM1117 11 or
BLACK ASIAN Oil NUMFIEII or
CONSTRUCTION EMPLOYEES I N(II of IIISPANIC PACIFIC INDIAN MINORITY rEMALE EMPLOYFFS. IN011111Y
TnADE AY TnAnF lize AmnEns 011 Fmpi oyms
...... ALASKAN rEncEN I'ErICEN I AGE
NATIVE
F M F M F M F m r m r
Iotlrllpv worker
APPRENTICE
TRAINEE
SUB-TOTAL
.1clierney worker
AppnENTicr:
TRAINEE
SUB-TOTAL
Journey worker -
APPnFNTICE
TRAINEE
SUB-TOTAL
Jotitney worker
APPRENTICE
TRAINEE
SUB-TOTAL
APPRENTICE
TRAINEE
Jolaney Worker
SUI!-TOTAL
TOTAL.IDU"NEY WORKERS
TOTAL APPRENTICES
TOTAL TRAINEES
GRAND TOTAL
it.COMPANY OFrICIAL'S SIGNATURE AND TITLE IZ TFi_EriIONF NUM.nFf1(inchigle mien ante) 13.[)A7F SIGNFU rAt3F
Of
OMB APPROVAL NO.44111396 1-011M CC 7r,1 IfIev 9/7111
Nit
• INSTRUCTIONS-FOR FILING MONTHLY EMPLOYMEENT 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. Governnsent agency assigned resconsibdity for equal employ.
ment opportunity. (Secure this information from the contracting
officer.)
Federal Funding Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . .US. Government acency funding proleR (in whole or in part). If
more than one agency,list ail, _
Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any contractor who has a construction contract with the US.Gov-
ernment or a contract funded in whole or in pert with Federal
funs.
Minorrty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Includes 3laelu, Hispanics. American Indians. Alaskan Natives, and
Asian and Pacific!slanders—poth men and women.
1. Covered Area . . . . . . . . ... . . . .. . . . . . . . . . . . . . . . . . . .Geograpmc area identified in Notice recuirea under 4: CFR 60-4.2.
2 Employers)derstifiation Number . . . . . . . . . . . . . . . . . . . .Federal Social Security Number used on Eme-over's Quarterly Fed-
eral Tax Return (U.S.Treasury Department Form 941).
1 Current Goals(Minority& Fenteiel . . . . . . . . . . . . . . . . . . . See combat:Notification.
4. Reporting Pernod - . . . . . . . . . . . . . . . . . . .Monthly, or as dire, 11 by ax comaiance agency, beginning with
. . . . . . . .. .
the effeestve onto of the contract
S. Construction Tracw . . . . . . . . . . . . . . . .. . . . . . . . . . . .Only those ebnstrucion Crafts whrero contractor employs in the
covered area.
6 WorkaHours of Employment (Re) . . . . . . . . . . . . . . . . . . . . .a. The total number of male hours and the total numoer of female
hoursworkee by emosoyees to each clesmiscatlon.
b.•e. T 1* Total number of male noun ano -no total numper of
female hours worked by each specified grout of minority emtprovees
in eeQT classification.
Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The level of aetorhpionmlent or status of me worker n The trace
(Journey worker,Aoorentree.Trainee)
7. Minority Perarttage . . . . : . . . . . . . . . . . . . . . . . . . . . . . . .The pereentme of total minority work-hOurs of all work-hours itne
sum of columns 6b, 6c. 6d. and 6e drvoded ny column 6a: lust one
figure for serer construction trace).
a. Female Percentage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .For each trade the number reported in 6a. F div✓yeo by trot sum of
the nurnwars recorteo in 6a. %A and F.
9. Total Number of Emrployees . . . . . . . . . . . . . . . . . . . . . . . .Total number of male and total number of female employees work.
ung in each wssification of each :rade in the contractor's aggregate
work}ores during reporting period.
10. Total Number of Minority Employees . . . . . . . . . . . . . . . . .Total number of make minority employees and total number of
female minority emolovess working in each ciassrfication in each
trace .n the contractor's aggregate work force ourinq reoorting
period.
6500.3
I=S'ibit 1
MMM''STRUCTIOb CB9CBI.IST FOR CONTM=TORS: YMINv
Irl8O8 STANDARDS CONTRACT REqUIBIIMENTS
I. INTRODUCTION. The following checklist has been prepared to assist
contractors and subcontractors in meting contractual labor standards
responsibilities. All major administrative and procedural activities
have beet covered in the sequence they viii occur as the construction
PrOject proceeds. Careful-attention to and use of the checklist should
result in a ==bar of problems with respect to labor standards.
II.
EWAN== ROTES. The word "euaployer" as used below refers to the
Protect contractor, each subcontractor, or each lower—tier subcontractor.
Payrolls and other documentary evidence of coadpliance (marked with
(asterisk) are required to be sent to the recipient for review (all to
be submitted through the project contractor). The delivery procedure is
as follows:
A. Each lover-tier subcontractor, after careful review, submits required
documents to the respective subcontractor.
B. Each subcontractor, after checking his own and those of each lower-
tier subcontractor he may haw, submits required documents to the
contractor.
C. The contractor, after reviewing all payrolls and other documentation,
including his own, and correcting violations where necessary, submits
* all to the recipient.
All emnlovers should check each-of the following statements as being
trans. If any statement is not true, the contractor or his representative
HUDA i.O.C.
Page 1 of 14 975
t ,
6500.3
2.
ihould contact the recipient for special Cuidance.
ZIZ.
MM COHSm mcff zWTBS Z10$ Empwm W2
A. Sot been debarred or otherwise made ineligible to partioi-
patie in mW Federal or Fsdersl1T-assisted project.
H. Received aZpxcpriete contract provisions covering labor
staadasda requirements.
C. Reviewed and understands all labor s+ndazds contract'
provisions.
D. Received the wage decision as psrt of the ocatract.
Z. Regcested through the recipient and received the mlzd�
rage for each classification to be worked an the project
which was not included on the wage decision by the additional
classification process and before allowing eV such trades)
to ,work an the project.
• Begcested cad receivedcertification of his appraatioe pro-
fm
the State's Bureau of ipprentioeship cad Training
od b7 USM)
cad submitted aW thereof to the recipient prior to employ
meat 'on the project, likewise, atrsinsee certifi-
cation from U. S. B. A. T. if applicable, must be submitted.
• If�•.►.0.C.
9/75 Page 2 of 14 �-
6500.3
Exhibit
'`/
3.
Iv. 1T COng84 Cgr STAM TM CMMUC'-'OS Ro.
t
A. Notified recipient of construction start date iz writing.
g. Has placed each of the following on a bulletin board prominently
located on the protect site which can be seen easily by the
wo=ka= (and replaced if lost or adable any time durin
wg
construction):
vage Decision
Notice to Employees (WE 1321) ---—'
Safety and Health Protection On the Job (DO:.)
C. Before assilming each pro3ect vo=ker to work, has obtained
worker's name, best mailing add.-ess, and Social Security
Humber (for payroll purposes).
• D. Has obtained a copy of each spp,'entics's certitcate with the
:.... apprentice's registration amber ayd his year of apprentic"
ship fzva the State BAT. ---
E. Has info=ed each vcrker of:
1. his vork classification (3osmeynsa or Sob title) as it
rill appear an tbo payroll.
MJDAW .G.C.
Page 3 of 14 9/75
t' T
650G.3
Exb4bit 1
MINNOMMEN
2. his duties of work.
3. the 9. S. Department of Labor's requirement on this
project that be is eitber a jou=neX=t apprentice,
or laborer -
If joume men, be is to be paid jousaeyman's
miaimum wage rate or mors;
If apprentice, he is to be paid not lest than
the apprentice's rate for the trade based on
his year of apprenticeship; or
If laborer, he is to do laborer's work Only-
not use any tool or tools of the trade - and
not perform any part of a jourasyman's wank
and is to be paid the laborer's -4-4mm wage
v
rate or more.
!. Understands the requirements that each
laborer or mec�panic who performs wort: on the project in
more than one classification within tbs same work week
mban be classified and pai'rat the highest wags rate
applicable to any of the work which he performs unless
the following requirements are mets
1. Accurate daily time records ahall be maintained. These
records must abov the time worked•in each classifica-
tion and the rate of pay for each classification, and
must be signed by the workman. _
91/75 Page 4 of 14 .�
6500.3
Exhibit 1
r
• C•
7 2• The paMll shall show the hours worked in each
classification and the wage rate paid .or each
classification.
3. The payroll shall be sued by the wotmm,Or a
signed copy of the daily time record a-all be attached
• thereto.
G. Has informed each worker of his hw=ly wages
not leas than the min'-- wage rate for his work which is
stated in the Wme Decision).
1. time and a half for all work over 8 hours any day
or over 40 hours any work week (see Contract Work
Sours Safety Standa-ds Act).
+� 2. Binge benefits, if any (ses Wage Decision for any
required).
3. deductions from his pay.
H. Has informed each worker that he is subjeot
to being interviewed on the job by the recipient or a HIID,
Department of Labor, or other U. S. Gavernaent insPector,
to confirm that his employer is coaplYing with all labor
requirements.
rements.
• Z. Has informed each 3^urnayman and each
• apprentice that a journeyman must be on the job at all
r
times when ap apprentice is working.
V. MURM C04MMMTZCZ
.
A. Each Employer:
1. has not silected, assigned, paid different pay rates
to, transferred, upgraded, demoted, laid off, nor
r
I�,A•e�r.O.C.
9/75
page 5 of 14
sts
6500.3
• 6.
dismissed any project worker because of race,
color, religion, sex, or rational origin.
2. has employed all registered apprentices referred to •-_
him through normal channels up to the applicable
ratio of apprentices to jo•.tansyMan in each trade
used by the employer.
3• will naintain basic employreat records accessible
to inspection by the recip_ent or U. S. Government
representatives.
4. is complying with all Health and-safety standards.
5. has paid all workers weekly. ---
* 6.
has submitted veekly payrolls.
a. prepared on.recommeaded Pba WE-347: _
Available frost -
Superintendent of Documents
Government Printing Office
Washington, D. C. 20402
Contractors wbo wish to purchase the forms -bail
be urged to eater their orders promptly because the
Superintendent of Docndeats takes six weeks to fill
orders. It is perstissible for contractors to
reproduce the forms if `.her wish.
Score employers place all project workers on Payroll
Form WS-347.• The recipient does not review those
Project vorkens listed on the payroll who perform
work which is descriptive of any of the following
job titles which are exempt from labor requirements:
IN"uh.O.C. `r
9/73 Page 6 of 14
� 6500.3
../ Now
7.
project m*erintendaa't
project angineer
supervisory fors=
(less than 20% of time as s working forenaa)
messenger
clerical vorcers
timekeepers
Payroll olerks
bookkeepers
Any altexsate payroll fon used should be cleared
vith EM before employer starts vork on project. l
project printout by computer, for example, 14
acceptable provided all data shown and rsgnired on
the front and back of Payroll Porm Yl-347 is on, or
included vith, payroll submitted to recipient.
b. Prom Page of Payroll (Pon wE-347)
Heading (6 "blocks" of information)
1) Name of Employer. Hama of employer is stated,
shoving vhethsr contractor or subcontractor.
2) Addre_s. Street address or P. 0. Boz, City,
State, and Zip Code of Employer is stated.
3) Payroll B'=ber. Each veskly payroll is numbered
in sequential order (starting with Payroll Ho.
If employer's vorkers perform no physical
vorlc on the project during vork reek, he bas
submitted a "ao vo=lt" 10ttar for that vork
reek. �—
luybd.D.C.
`
9/75
Page 7 of 14
6500.3
Fbdiihit 1
.. 8.
Payroll of employer's final work week on
the project (completion of his worx) is
marked "Final".
4) Por Weer. Ending. The last date of thw work.
week is stated in this "block".
5) Project and Location. Same of project and
city in which located is stated.
6) Column 1 - Worker's Fame, as it appears on
his pay check, is stated.
Woken's best mailing address and social
security number is stated on Payroll No. 1
or the payroll on which his name first
appears. .�
If worker changes his residential
address while working on the project,
his new—AA an is stated on next appli-
cable payroll.
If any two or more workers have the same
name, their.social security numbers are
Included on the payroll to note separate
identification.
• 7) Column 2 - No. of Withholding Eze=tions is
for employer's convenience - not required by
HUD to be completed.
8) Column 3 - The Bork Classification (job
N�JO•r��..D.C.
9/75 Page 8 of 14 �"'
6500.3
Hdiibit 1
4 *.
9•
title) for the worker is incltied ii :he
Wage Decision and denotes the +ork that
worker actua.:ly performed.
Note: If the applicable cl ssification
is not included in the Wage Decision,
contractor should call the recipient
immediately, and request classifica-
tion by Additional Classificatic
Apprentice. If worker is an apprentice,
\ his State PLT registration nur3er and year
\ of apprenticeship is included in tkis
column the first time the app--entice's
name appears on the payroll.
`::..
Split Classification. If worker has per-
formed more than one class of :cork during
the work week, such as carpenter and laborer,
the division of work will be shown on
eeparat* lines of the payroll. _
Accurate dai17 time records show the
exact haars of work perfo=ad daily in
each class of work, and are signed by
the affected workman.
HUDs«k.D.C.
�.... Page 9 of 14 9M
6500.
33
t1
10.
Each class of work be performed is
stated in Coluaa I in separates "blocrs".
51s same is repeated in corresponcire
"blocks" in Column 1.
The breakdown of hours wo=oed daily under
each work classification is stated in
Col== b, and total for week in COIL= 5.
The applicable wage rate for each classi-
fication of work is stated in Coles 6.
The payroll is signed by the work az in
the related "blocks" or a signed copy of
the daily time records are attached to
the payroll.
If the above is not dome, the worker is
paid at least the highest wage
rate of all of the classes of work per-
fomed for all hours worked.
Notes:
Average Pay of Two Classes of Work Not kcceated.
The eaPloyer shall not pay a "semi.-jour.eyaa" or
semi-skilled laborer the average of joumeyman's
and laborer's rates. The actual hours each worker
uses tools of trade (journeyman) and each hour he
does not use tools of the trade (labo=er) =mt be
MUD-Wad.O.C.
9/75 Page 10 of 14 `�
e •
6500.3
"eea/ t
11.
recorded in separate "blocks" in Coluan 3 of
the payroll.
fi .iDe=. Me work classification of "helper"
is-not accepted by the Department of M.B, un-
lose 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 joumeysan's rate for hours he uses
tools of the trade.
9) Column 4 - Hours Worked, Each Day and Date, for
-%W/ work weer are stated.
Overtime Eou_-s (110"), if any, are stated
separately from straight hours ("S") - over
A Lours any day or over 40 hours any womic
week.
10) Colum 5 - Total Hours worked during the work
week are stated (the sum of subcolu= in Column
4) - straight and overtime hours recorded
separately.
11) Column 6 - Rate of Pay, not less than the
mini— 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
Iuo-sb.r.D.C.
Page u of 14 9/75
6500,3 a
12.
Safety Standards Act).
Aoa=e_ti_=es. If a copy of the apprentice's
registration certificate from the State w
has not been sysbmitted to recipient by employer
(through contractor), agpreatice slat be paid
3oumeymaa's rate.
PieceWorker. Piece work must be stated in
Column 6 at an hourly rate, the gross pay for
the work week (work On the project) divided by
the total number of hours worked on the project
during the work week.
Column 7 - Gross Amount Earned equals straight
``•'•:• hours shorn in Column 5 times straight rate of
P41 shown in Column 6, plus overtime hours (if
asq) shown in Colo= 5 times Overtime rate of
pay ahowa in Colum 6.
12) Column 8 - Deductions. Each deduction made is
required by law,
vclmtarily authorized by the worker in
writing before the wc=k week began, or
provided in a bargaining agreement to be --_
deducted from the reswctive worker's.pay.
13) Column 9 - Net Mages stated are Column 7 mi,,,,e
• total deductions shares in Column 8.
9/75 Iu"S".O.C.
P&P 12 of 14
6500.3
` M ibhit 1
1%./
13.
c. Back of Payroll (Po= W=347)
. 1) Each Ec:ployer has:
corpleted all blank spaces and understands
the penalties for falsifization.
checked Iter b if fringe benefits are in-
eluded in the Wage Decision for any of his
workers -
• k(a) - if f--ince benefits are paid to
a;.pxvved fund(s), or
4(b) - paid-directly to each affected
vorker - included in pay check for
tbs work week - his paycheck repre-
,��
sentlsg at least the pay of the appli-
cable rin41m+T Wage rate plus the
a==t of required fringe benefits.
cauually sia►ed, the payroll in the "block"
marked signature, and stated his title.
The person who signed the payroll is the
employer or an official of the employer who
iegelly is authorized to act for the employer.
d. Weekly Payroll Review. Each employer has proaptly:
reviewed the weakly payroll for compliance with
all labor regaisements (using this check list)
rtio-s..►.o.t. 9n5 .
�� page 13 of 14
6500.3
Eiduhit 1
w.
and made necessary corrections.
Each Dower-tier Subcontractor has submitted
his weekly payroll or "no work" letter to
the respective subcontractor for the sub-
contractor to have received within 3 calendar
days from the last date of the work week.
Each Subcontractor has received a payroll or
"no work" letter from each of his lower-tier
subcontractors, reviewed each and his own
payroll, required necessary corrections, and
submitted all of such payrolls to the con-
tractor to have received within 5 calendar
days from the last date of the work week.
Contractor has received a payroll of ,no
work" letter from each subcontractor and
each lower-tier subcontractor, monitored
each including his own payroll, required
necessary corrections, and collectively
submitted them to the recipient within
7 work days of the last date of the
respective work week.
Y1. APM PROJECT COMpLEPIOB
Each &Ployer rill:
keep all weekly payrolls an the project for 3 years after the
contractor's project completion date.
9/75 NAWS"k%D.C.
:i; Page 14 of 14 ��
CONTRACTING OPPORTUNITIES FOR MINORITIES AND FEMALES
NAME OF PROJECT: tA � Me�YY10Ci�� Pack
PROJECT NUMBER:
MUNICIPALITY: Q���c' V\•u • � � ° So '�cY� d
COMPANY NAME:
ADDRESS:- ci\.nc�
TOWN, STATE, ZIP: \vAS
SIGNATURE: .P G
TITLE: V. PAO. DATE:
PERIOD OF CONSTRUCTION: FROM /0 q 3 TO: fid/ �3
mont year month/year
Is your company minority or female owned? yes=1 no i1�}'�
Is your company subcontractingjany part of this contract, to a minority or
female owned business? yes F-1 no =/�'
If you answered yes to either question above, please check each box that applies
to your company:
Male = Female M
Black = Hispanic =1
Native American Q other specify
Amount of Contract $
Check each box that applies to your sub-contractor
male female
black Hispanic
Native American r—] other specify
Amount of Subcontract $ 6? a-wo<)
Contractor I.D. #
Sub-contractor I.D. #
U.S
Federal 'Labor Standards Provisions and Urban °f "°"'i"9 �•�
. and Urban Development i r
Applicability
The Project or Program to which the construction work covered by this f-JD or rs designee shall refer the questions,including tre views of all
contract pei Tains is being assisted by the United States of America and the :-erested parties and the recommendation of HUD or its ces gnee,to the
lollowing Federal labor Standards Provisions are included in this Contract Admtnist7ator for determination.The Administrator.or an authorized repre-
pursuant to the provisions applicable to such Federal assistance. sentative,will issue a determination within 30 days of receipt and so advise
A.1.(i)Minimum Wages.All laborers and mechanics employed or work- i-UD or its designee or will nobly HUD or its designee wr.nin the 30-day
ing upon the site of the work(or under the United States Housing Act of period tnat additional time is necessary.(Approved by the Office of Man-
1937 or under the Housing Act of 1949 in the construction or development agemert and Budget under OMB Control Number 1215-0160.)
of the project),will be paid unconditionally and not less often than once a (d)The wage rate(including fringe benefits where appropriate)
week.and without subsequent deduction or rebate on any account(except cetermired pursuant to subparagraphs(1 Yb)or(c)of this paragraph,shall
such payroll deductions as are permitted by regulations issued by the ce 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 tact from the first day on which work is performed in the classification.
of wages and bona fide fringe benefits(or cash equivalents thereon due at (ii)Whenever the minimum wage rate prescrbed in me contract for a
time of payment computed at rates not less than those contained in the sass of Laborers or mechanics includes a fringe benefit which is not
wage determination of the Secretary of labor which is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as
made a part hereof,regardless of any contractural relationship which may sated it the wage determination or shall pay anotner bona fide fringe
be alleged to exist between the contractor and such laborers and cenefit or an hourly cash equivalent thereof.
mechanics.Contributions made or costs reasonably anticipated for bona (v)If the contractor does not make payments to a trustee or other third
fide fringe benefits under Section 1(bx2)of the Davis-Bacon Act on behalf person.the contractor may consider as part of the wages of any laborer cr
of laborers or mechanics are considered wages paid to such laborers or r4whan;c the amount of any costs reasonably anticipated in providing
mechanics,subject to the provisions of 29 CFR-5.5(a►(1 xiv);also,regular 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 of the contractor,
not less often than quarterly)under plans,funds,or programs.which cover :-.at the applicable standards of the Davis-Bacon Act have been met The
the particular weekly period,are deemed to be constructively made or Secretary of labor may require the contractor to set aside in a separate
incurred during such weekly period a;count 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 lancer OMB Control
and fringe benefits on the wage determination for the classification of work lumber 1215-0140.)
actually performed,without regard to skill,except as provided in 29 CFR 2.Withholding.HUD or its designee.shall upon its owr action or upon
Part 5.5(aX,1.laborers or mechanics performing work in more than one written request of an authorized representative of the De artment of labor
classification may be compensated at the rate specified for each claWifica- w•ithholc or cause to be withheld from the contramor uncer this contract or
tion for the time actually worked therein:Provided.That the employer's pay- any other Federal contract with the same prime contractor,or any other
roll records accurately set forth the time spent in each classification in Federal i y-assisted contract subject to Davis-Bacor.prevailing wage
which work is performed.The wage determination(including any additional requirements,which is held by the same prime contractor so much of the
classification and wage rates conformed under 29 CFR Part 5.5(axtxii)and accrued payments or advances as may be considered necessary to pay
the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics,including apprentices,trainees and helpers,
tractor and its subcontractors at the site of the work in a prominent and emp:oyed by the contractor or any subcontractor the full amount of wages
accessible place where it can be easily seen by the workem requires by the contract In the event of failure to pay any laborer or
(9)(a)Any class of laborers or mechanics which is not listed in the nechar,c,including any apprentice,trainee or he!oer.em.ployeo or working
wage determination and which is to be employed under the contract shall cn the s-e of the work(or under the United States Housirg Act of 1937 or
be classified in conformance with the wage determination.HUD shall L.nder the Housing Act of 1949 in the construction or development of the
approve an additional classification and wage rate and fringe benefits project).all or part of the wages required by the contract HUD or its desig-
therefore only when the following criteria have been met ree may.after written notice to the contractor,sponsor,applicant or owner,
(1)The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any
performed by a classification in the wage determination;and %rther payment advance,or guarantee of funds until such violations have
(2)The classification is utilized in the area by the construction ceased.HUD or its designee may.after written notce to rhe contractor,dis-
industry,and purse such amounts withheld for and on account of the contractor or sub-
(3)The proposed wage rate,including any bona fide fringe bene- contractor to the respective employees to whom tney are due.The Comp-
fits,bears a reasonable relationship to the wage rates contained in the roller General shall make such disbursements in the case of direct
wage determination. Davis-Bacon Act contracts.
(b)If the contractor and the laborers and mechanics to be employed 3.n Payrolls and basic records.Payrolls and basic records relating
in the classification(if known),or their representatives.and HUD or its thereto shall be maintained by the contractor during the course of the work
designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and
designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States
taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949,in the construction
and Hour Division,Employment Standards Administration,U.S.Department or development of the project).Such records shall contain the name.
of labor,Washingion.D.C.20210.The Administrator,or an authorized atidress.and social security number of each such worken his or her cor-
representative,will approve.modify,or disapprove every additional classifi- rest 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 equivalents
or will notify HUD or its designee within the 30-day period that additional ;^ereof of the types described in Section 1(bN2)(B)of the Davis-b;con Act),
time is necessary.(Approved by the Office of Management and Budget ca,ly are weekly number of hours worked,deductions mace and actual
under OMB control number 1215-0140.) mages paid.Whenever the Secretary of labor has found under 29 CFR 5.5
(e)In the event the contractor,the laborers or mechanics to be a�1 rrivr that the wages of any laborer or mechanic hncluoe the amount of
employed in Me classification or their representatives,and HUD or its any toss reasonably anticipated in providing berefits uncer a plan or pro-
designee do not agree on the proposed classification and wage rate ,ram aescribed in Section 1(b)(2)(B)of the Davis-Bator Act the contractor
(including Ute amount designated for fringe benefits,where appropriate), sna:;maintain records which show that the commitment to provide such
HUD-4010(2-84)
Previous Edition is Obsolete (HB 1344.1)
benefits is enforceable,that the plan or program is financially responsible, apprentice.The allowable ratio of apprentices to journeymen on�the job site
and that the plan or program has been clommunicated in writing to the in any craft classification shau 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 ace;renticeship programs and certifi- applicable wage rate on the wage determination for the classification of
cation of trainee programs,the registraton of the apprentices and trainees, work actually performed.In acyition,any apprentice performing work on
and the ratios and wage rates prescribed in the applicable programs. the lob site in excess of the rano permitted under the registered program
(Approved by the Office of Management and Budget under OMB Control stall be paid not less Iran the applicable wage rate on the wage determi-
Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing
(11)(a)The contractor shall submit weekly for each week in which any construction on a project in a locality other than that in which its program is
contract work is performed a copy of all payrolls to HUD or its designee if registered,the ratios and wage rates(expressed in percentages of the jour-
the agency is a party to the contract,but if the agency is not such a party, neyman's hourly rate)specified in the contractor's or subcontractoes regis-
the contractor will submit the payrolls to the applicant,sponsor,or owner, teed program shall be observed.Every apprenctice must be paid at not
as the case may be,for transmission to HND or its designee.The payrolls less titian the rate specified in Me registered program for the apprentice's
submitted shall set out accurately and completely,all of the information le+el of progress,expressed as a percentage of the journeymen hourly rate
required to be maintained under 29 CFR Part 5.5(a)(3)().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,
menta(Federal Stock Number 029-005-00014-1),U.S.Government Printing apprentices must be paid the fill amount of fringe benefits listed on the
Office,Washington,DC.20402.The prime contractor is responsible for the wage determination for the applicable classification.If the Administrator
submission of copies of payrolls by all subcontractor&(Approved by the determines that a different practice prevails for the applicable apprentice
Office of Management and Budget undo!OMB Control Number classification,fringes shall be paid in accordance with that determination.In
1215-0149.) the event the Bureau of Apprenticeship and Training,or a State Appren-
(b)Each payroll submitted shall be accompanied by a"Statement of ticeship Agency recognized by the Bureau,withdraws approval of an
Compliance,"signed by the contractor or subcontractor or his or her agent apprenticeship program,the contractor will no longer be permitted to utilize
who pays or supervises the payment of the persons employed under the apprentices at less than the applicable predetermined rate for the work
contract and shall certify the following performed until an acceptable program is approved.
(1)That the payroll for the payroll period contains the information an 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 me predetermined rate for the work per-
information is cored 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 radon by the U.S.Department of labor,Employment and Training Admini-
has been paid the full weekly wages earned,without rebate,either directly stration.The ratio of trainees to journeymen on the job site shall not be
or indirectly,and that no deductions have been made either directly or indi- greater than permitted under tie plan approved by the Employment and
rectly from the full wages earned,other Iran permissable deductions as set Training Administration.Every trainee must be paid at not less than the rate
forth in 29 CFR Part 3; specified in the approved program for the trainee's level of progress,
(3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the
applicable wage rates and fringe benefits or cash equivalents for the clas- applicable wage determination.Trainees shall be paid fringe benefits in
sication of work performed,as specified in the applicable wage determina- accordance with the provisions of the trainee program.If the trainee pro-
tion incorporated into the contract, 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
(0d)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work
under paragraph A-3.(i)of this section available for inspection.copying,or act pally performed.In addition.any trainee performing work on the job site
transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted under the registered program shall be paid
Department of Labor,and shall permit such representatives to interview not less th4n 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 istration withdraws approval of a training program,the contractor will no
or its designee may,after written notice to the contractor,sponsor,appli- lorger be permitted to utilize trainees at less than the applicable predeter-
cant or owner,take such action as may be necessary to cause 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 n Equal employment opportunity.The utilization of apprentices,
records available may be grounds for debarment action pursuant to 29 tra,nee s and journeymen under this part shall be in conformity with the
CFR Pan 5.12. equal employment opportunity requirements of Executive Order 11246,as
4.(1)Apprentices and Trainees.Apprentices.Apprentices will be per- amended,and 29 CFR Part 30.
mitted to work at less than the predetermined rate for the work they per- 5.Compliance with Copeland Act requirements.The contractor shall
formed when they are employed pursuant to and individually registered in a comply with the requirements of 29 CFR Part 3 which are incorporated by
bona fide apprenticeship program registered with the U.S.Department of reference in this contract
Labor,Employment and Training Administration,Bureau of Apprenticeship 6.Subcontracts.The contracor 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 recitre.and also a clause requiring the subcontractors to include these
not individually registered in the program.but who has been certified by the causes in any lower mer subcontracts The prime contractor shall be
Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the compliance by any subcontractor or lower tier subcon-
(where appropriate)to be eligible for probationary employment as an tractor with all the contract clauses in 29 CFR Part 5.5.
HUD-4010(2-84)
_ •-
7.-Contracie termination;debarment A breach of the contract c
Buses in pensation at a rate not less than one and one-half times the basic rate r
*CFR 5.5 may be grounds for termination of the contract and to :ebar- Day for all hours worked in excess of eight hours m any calendar day or in
ment as a contractor and a subcontractor as provided in 29 CFR 2. excess of foray hours in such workweek whichever is greater.
(2)Violation;liability for unpaid wages;liquidated damages.In the
f!.Compliance with Davis-Bacon and Related Act Requirement All rul- ihl 9 q
ings and interpretatibins of the Davis-Bacon and Related Acts contained in evert of any violation of the clause set forth in subparagraph(1)of this
29 CFR Parts 1,3,and 5 are herein incorporated by reference in this paragraph,the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages.In addition,such contractor and subcon-
contract Disputes concerning labor standards.Disputes arising out of the labor tractor shall be to the United States(in the case of work done under
9. liable
ba or a territory,to such District or to such
standards provisions of this contract shall not be subject to the general contract for the District of Colum
disputes clause of this contract Such disputes shall be resolved in actor- territory),for liquidated damages.Sich liquidated damages shall be com-
dance with the procedures of the Department of labor set forth in 29 CFR puted with respect to each individual laborer or mechanic,including
Parts 5,6,and 7.Disputes within the meaning of this clause include dis- watchmen and guards,employed in violation of the clause set forth in sub-
putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph.in.ne sum of S10 for each calendar day on
design".the U.S.Department of Labor,Or the employees or their which such individual was required or permitted to work in excess of eight
hours or in excess of the standard workweek of forty hours without pay-
representatives
10,(t)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 payable
nt of Labor withhold or cause to be
p
pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the
(ii)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal
ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract or any other Federally-assisted con-
the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act which
or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined to
(if)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.16 U.S.C.1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set
1010.Title 16,U.S C."Federal Housing Administration transactions",pro- forth in subparagraph(2)of this paragraph.
vides in part"Whoever,for the purpose of . .influencing in any way the (4)Subcontracts.The contrac or 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 S5.000 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
ny subcontractor or lower tier
11.Complaints,Proceedings,or Teetirnony by Employees.No laborer or responsible for compliance by athrough(4)of
frac
mechanic to whom the wage,salary.or other labor standards provisions of for with the clauses set forth in subparagraphs(1) 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 testity in any proceeding or under working conditions whichare 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. heatth 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).
Sta
for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Article in every
ment of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisiors will be binding on each subcontractor.
mechanic in any workweek in which he or she is employed on such work The Contractor shall take such aeon with respect to any subcontract as
to work in excess of eight hours in any calendar day or in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor
hours in such workweek unless such laborer or mechanic receives com- shall direct as a means of enforcing such provisions.
HUD-4010(2-841
Pub. Law 93.383 16L• August 22. 1974
eti sear. eat+
O -wWon 31.69 of the Revised Statutes, u amended (31 U.S.C.
• T11), is amended by adding u tlae end thereof a new paragraph as
follows:
"(22) For payments required from time to time under contracts
lat' entered into pursuant to section AOS of die Iiousing and Community
� a• 6470I)evelop Hent Act of 1974 for pacnient of interest costs nn obligations
guaranteed by the Secretary of housing and Urban Development
under that section."
42 USC sloe. (g) With respect to any obligation issued by s unit of general•locLI
• government or designated arencv which such unit or tagency has
elected to issue as a taxable ob.ig�tion pursuant to subsection (e) of
this section,the interest paid on such obii-pn tion shall be
included in
ee/► stat. _. Code ref 11P54. for the purpose of chapter I of the Internal Revenue
26 use 1 xowtsentu¢Yaao:t
.t M
at WC sM9. Srr_ 109. (a) No person in the Qnited Stater shall on the ground
of race,color,national origin.orse=be excluded from participation in,
be denied the benefits of,or be sub'euxed to discrimination under any
program or activity funded in = ole or in part with funds made
available under this title
(b) Whenever the Secmtarr determines that a State or unit of
e neral local government which is a recipient of asai_tance under this
title has failed to comply with subsection (a) or an applicable regula-
tion,he shall notify the Governor of such State or the chief executive
oilicer of such unit of local government of tine noncompliance and shall
request the Governor or the c hki.execuiiee officer to securer compliance.
If within s ressonaWe period,o f Lime, not to esceetl sixty.da)s, the .
Governor or the chief-executiv -,odtieer fails or refWay to secure. -
compliance,the Secretary is,authorized tet(1) refer thetnatter to the j
Attorney Generalwith a recommendation that an appropriate-civil, .••r
action bo instituted; (2).exercise tilt powers and fawtions provided.: .
by title VI of the Civil nights Aet•of IM (41-1 LS.0-Vxq); (3)
exercise the pourers and functions provided for in section 11]Xa)-of ..
this Act; or (4) take such other action-as may be provided by law.
(c) Chen a matter is referred to fix Attorney Geaerial pursuant to
subsection (b), or whenever he has reason to believe that a.State -
government or unit of general local M ernment is in a pattern
or practice in violation of the provisions of this section.the Attorney
General may bring a civil action in anybe a6propriate gaited Stain
district court for such relief as may appropriate, including
injunctive relief:
"am srasaume .
42 usC s310. Sre. 110. All laborers and mechanics emplo)rod by contractors or
• subcontractors in the performance of construction work; financed in
whole or in part with grants received under this title shall be paid
wages at rates not less than those prevailing on similar construction to
the locality as determined by the Secretary of .bar is accordance
with the fhvis-ldacen.:1ct, as amended 60 L-9Z 3:Sa-276a-3):
PThat dais section•slcall apply to the rehabilitation of
residential prnparty only if siwh prnnerty is deli--ned for residential
use for eight or more families The Secretary of CborsWl have,with - ' -
respect to such labor standarth.tine authnruty and famrtions set forth
in lleorganization Ilan Numbered 14 of IP50 13 F.R ZI "
f use a 1'3G7)•and section 2 of tl,e Act of June 13 193.{ u ask G;64 Stat.
vn. died (48-Stab .
4o vac 2�e.. 948;40 U.S.C.276(c)).
0 M
7
+ Requirements for Contractors
'(See Rules and Regulations, Title 24 , Part 135, Federal Reqister, October 23, 1973)
PURPOSE
In the administration of any HUO funded program, to the greatest extent feasible:
(i) opportunities for training and employment arising in connection with
the olanninq and carrjinq out of any project assisted under any such
Er .'ram 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 which are located in or owned in
substantial oart by persons residing in the area of such project.
REQUIREMENTS
I. Section 3 Affirmative Action Plan
A. Identification of Affirmative Action Officer, by name.
B. Identification of firm or contractor, contracting agency and
contract total do lar amount, scope of work, contract number,
project number, description of project area, etc. )
C. Employment
1. Trainees
a. A listing by work categories of (i) total number of
trainees to be utilized; (ii ) number of those already
on permanent work force; and (iii ) number of those
to be recruited and employed from project area;
b. A detailed description—of s ecific means to be utilized
to recruit project area residents , inc uding specific
identification of area organizations, advertising media,
sign placement, etc. ;
c. Statement explain that contractor will maintain a list
of all project residents app yinq and records indicating
status of action takeri with reasons for such.
2. Skilled Employees
Same as a. ,b. and c. above.
-1-
0. Businesses, Subcontractors , Vendors , etc.
I. Lis_tino- o_f each category of goods and services to be utilized
on subject contract, along with estimated dollar amount value
of each;
2. Listing of dollar value planned to be awarded to project area
businesses , subcontractors , vendors , etc. ;
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 b 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 olan, ora ect area description, etc.
E. Statement that all reports, records , etc. , relating to the
imolementation of this Section 3 Plan will be ooen and available for
insoection to authorized reoresentatives of the Department of Housing
and 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 emoloyLes ,
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 administering
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, 1701u. , as he/she finds a orooriate and may, as needed, amolify any
reaulations issued oursuant to Section 3, throuah guide Ines , handbooks ,
circulars or other means.
Require, in consultation with the Administrator of the Small
Business dministration, that to t e greatest extent feasibTe
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, design, architecture, building construction, rehabili-
tation, maintenance, or repair, which are orated in or owned in
substantial oart by oersons residing in the area or such project.
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w
(b) In the development of these regulations the Secretary has
consulted with the Secretary of Labor and the Administrator of
the Small Business Administration and mutual agreement has been
reached with respect to the coordination of employment and training
efforts and contracts awards under these re ulations by the Department
of Housing and Urban Deve opment, the Department of Labor, and the
Small Business Administration.
(c) The regulations as set forth in this part, particularly Subparts
C and 0 of this part, shall serve to define"to the greatest extent
feasible" as that term is applied in section o the Housing an
UrbDevelopment Act of 1968.
(d) The Secretary will issue such further regulations in connecticn
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) "Apples' means any entity seeking assistance for a project
including, but not limited to mortgagors developers , legal public
bodies, nonprofit or limited dividend sponsors , builders, or
property managers.
(b) "Business" concerns located within the section 3 covered project
area" means those individuals or firms located within the relevant
section 3 covered project area as determined pursuant to F 135 15,
listed on the Department' s registry or eiioible business concerns ,
and which oualify as small under the small business size standards
Of the Small Business Administration.
(c) "Business concerns owned in substantial part by persons residing in
the section 3 covered project area" means those business concerns
which are 51 percent or more owned by persons residing within the
relevant -section -3 covered project as determined pursuant to
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-
M "Department" means the Department of Housing and Urban Development.
(g) "lower income resident of the area" means any individual who resides
within the area of a section 3 covered project and whose family ;;come
does not exceed 90 percent of the median income in the Standard
Metr000l_itan Statistical Area or the county is not within a SIMSA) in
which the section 3 covered project is located.
(h) "Political jurisdiction" means a politically organized community
with a governing body having general government powers .
(i ) "Recipient" means any entity who received assistance for a project
including, but not limited to, mortgagors , developers , local public
bodies, nonprofit or limited.
(j) "Secretary" means the Secretary of Housing and Urban Development.
(k) "Section 3" means section 3 of the Housing and Urban Development
Act of 1968, 12 U.S.C. 1701u.
(1 ) "Section 3 clause" means the contract provisions set forth in
s 135.20(b).
(m) "Section 3 covered project" means any nonexempt project assisted
by any program administered by the Secretary in which loans, grants ,
subsidies or other financial assistance are provided in aid of
housing, urban planning, development, redevelopment, or renewal , public
or community facilities , and new community development exceot where
the financial assistance available under such orocram is solei in
the form of insurance or ouaranty . 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 3500,000 in estimated cost are
exempted from the requirements of this part, as is any subcontract
of 5 50,000 or under on such projects or contracts in excess o 0,000.
(n) "Subcontractor" means any entity (other than a person who is an
employee of the contractor) which has agreed or arranged with a con-
tractor to undertake a portion of the contractor's obligation or the
performance of work in connection with a section 3 covered project.
s 135. 10 Delegation to Assistant Secretary for Equal Opportunity.
Except as otherwise provided in this part, the functions of the Secretary
referred to in this part are delegated to the Assistant Secretary for
Equal Opportunity. The Assistant Secretary is further authorized to
redelecate functions and responsibilities delegated in this section to
employees of the Oepartment, provided, however, that the authority to iss-le
rules and regulations under s 135. 1 d may not be redelegated.
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w � r
s135. 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
(jj ) Within a geographic area designated as Model Cities areas
or Metropolitan Development Plan areas pursuant to the
provisions of title I of the Demonstration Cities and Metropolitan
Development Act or 1966, 42 U.S .C. -3301 ; 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 aeoaraphic area designated pursuant to Title I of the Housing
Act of 1949, or Title I of the Demonstration Cities and Metronolitan
Development Act of 1966 shall be coextensive with the boundaries of
the smallest golitical jurisdiction in which the project is located.
(3) To the extent that goals (established pursuant to Subparts 6 , 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 designated as the
relevant section 3 project area. The determination to app y this
subparagraph shall be made by the Assistant Secretary for Equal
Opportunity or by the same official designated by the Assistant
Secretary for Equal Opportunity to determine the section 3
covered project area pursuant to paragraph (a) (1 ) of this section.
(b) The Department's Regional Administrator, Area Of`ice Director, or FHA
Insuring Office Director, as appropriate, shall determine the boundaries
of each section 3 covered project.
s 135.20 Assurance of compliance with regulations.
(a) Every contract or agreement for a grant, loan, subsidy, or other direct
financial assistance in aid of housing, urban planning, development,
redevelopment, or renewal , public or community facilities, and new
community development, entered into by the Department of Housing and
Urban Development with respect to a section 3 covered project shall
contain provisions requiring the app scant or recipient to carry out the
provisions or section 3, the reguiations set rortn in tnis par:, ano
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 `
subcontractor shall incoroorate, or cause to De incoroorated, 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.
Project No:
i Location: PeAU 'C LA.
STATEMENT OF COMPLIANCE Q Ga h G
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 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)
(reci-pient) 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: K f 2e Q r W A W
Address:_ V• PND.
Official Signature
S&.a. 9 tee h
NYAO-EO:GEM/res 6-14-74 Typed/Printed
CO TRACTOR'S SECTION 3 PLAN
1 - Name of Firm KREIGER WELL & PUMP
Box 191 MOOR Read
Address MATTITUCK, NEW YORK 11952
Phone #_ y1-�
2 - Project Name/Descriptiona {��Pwr�p14
Project Location_ �p
Please use additional sheets if needed.
3 - Employment
a - Do you expect to hire any project area residents? Yes/i NO
b - If yes how many? Trainees C,h,Qa 0.� S�tw•e`�
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?
i
4 - Subcontractors
a - Do you expect to use project area businesses as
subcontractors or vendors? YES N0
b - If yes how many?
c - What businesses., if any, from the project area will you
request bids from?
Plan prepared by AlG.Gt,G
Cly-e"-
Name Position
MY 16 3
Da#6
SKILLED EMPLOYEE UTILIZATION PLAN
If more space is needed please continue on other side of page.
CONTRACTOR'S NAME:
KREIGER WELL & PUMP
ADDRESS: Box 101 Main `dad
TELEPHONE: �(Io aQt� 1
PROJECT NAME: Rn w �Ct S��C �2v►n c�ri k4 r e.
ADDRESS: C.nkn i C_ _R\AP r e Cc
1 - Total number of skilled employees to be utilized on this project?
Please list by work category.
# OF SKILLED EMPLOYEES- WORK CATEGORY
_ r
•IP a Qci filer
-Tt-e"er 116A
2 - Total number of skilled employees currently on your permanent work
force? Please list by work category.
# OF SKILLED EMPLOYEES WORK CATEGORY
y W Ok V c,V t(s
� _ lcev.dner���klnoe 0?era
3 - Total number of skilled employees currently to be recruited and
hired from the project area?
# OF SKILLED EMPLOYEES WORK CATEGORY
ATE COMPANY OFFICIAL'S .SIGNATURE AND TITLE
TRyINEE UTILIZATION PLAN
If more space is needed, please continue on other side of page.
CONTRACTOR'S NAME:
KREIGER WELL& PRIMP
ADDRESS: PDX 101 Main Poad
TELEPHONE: ppS-[(o — - �I141 (�
PROJECT NAME: 145(rPM M-C W'0 rADDRESS: C'.Govt :x C 4rm
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.
!1` OF TRAINEES WORK CATEGORY
3 - Total number of trainees currently to be recruited and hired from
the project area?
# OF TRAINEES WORK CATEGORY
toy 193
DATE COMPANY OFFIC A 'S SI NA URE AND TITLE
ORG NIZATIONS CONCERNED WITH
THE `IPLOYMENT OF PROJECT AREA
'LOW INCOME RESIDENTS
The Long Island Affirmative Action Programs, Inc.
150 Route 110
Melville, N.Y. 11746
New York State Department of Labor
Employment Offices:
75 E. 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 RESPONSIBILITIES
I, General Reseonisibilities of Contractors
A. General Oblieations
Contractors bidding on non-exempt Federally involved
construction contracts should carefully review the general requirements
relative to affirmative action and non-discrimination stipulated in. the
Equal Employment Opportunity (EEO) Clause and -the Federal EEO Bic
Conditions, where applicable , which incorporate the voluntary minority
utilization plan (Hometown Plan) and/or impose minimum minority untili-
zation goals and timetables on contractors.
Upon award of the Federally involved construction
contract the contractor will be bound by the requirements of the
EEO Clause and applicable Federal EEO Bid Conditions and must be able
to demonstrate compliance with those requirements , including the designa-
tion of a high level company official to assume the responsibility for
the contractor' s EEO Program.
B. Notification of Specific Responsibilities
Subsequent to award, but prior to the initiation of
construction on a covered Federally funded or assisted contract, the
prime contractor and all known subcontractors will be notified by the
Federal Compliance agency, which awards or administers the contract, of
the specific reporting and record keeping requirements under the EEO
Clause (See 60-1 ) and Bid Conditions (See Appendix II) .
1 J
-2-
C.
2-C. Notification of Subcontractor
Each prime contractor and subcontractor shall include
by reference the EEO Clause and applicable Bid Conditions in all
advertisements or other solicitations for bids, and shall include
the EEO Clause and applicable Bid Conditions in all contracts.
Each prime contractor and subcontractor must provide
written notice to each subcontractor of the specific reporting and
record keeping requirements under the EEO Clause and applicable Bid
Conditions. Upon award of a subcontract, each contractor shall
immediately notify the Compliance Agency of the contract number,
the subcontractor' s name, dollar amount of contract, estimated start and
completion dates, and the crafts which will perform work under the sub-
contract.
Ii . Obligations Under Federal EEO Bid Conditions.
(See Attached Flow Chart on CONTRACTOR OVERVIEW)
A. Hometown Plans Part I (Voluntary)
Hometown Plans are Office of Federal Contract Compliance
Programs (OZ-CCP) approved voluntary area-wide agreements
between the construction industry and representatives of
.the minority community establishing craft goals and time-
tables for minorities. The Plan and the signatory partici-
pating parties in the Plan are incorporated in Part I of
the Bid Conditions for the Plan area.
3 -
Contractors signatory to and participating in Depart-
ment of Labor approved Hometown Plans and utilizing a local craft
under Part I of the Bid Conditions are required to comply w4th the
Provisions of the Plan and the EEO Clause.
Removal of contractors to Part II of the Bid Conditions
and/or initiation of enforcement proceedings may be recommended to
the OFCCP Regional Office by the Administrative Committee for a
contractor's failure to meet Hometown Plan requirements. Such
action may also be initiated directly by the OFCCP Regional Office
for violation of the EEO Clause.
B. Hometown Plan Part II. Appendix A (Imposed Plan)
and Special Bid Conditions
Contrators subject to Part II of the Bid Conditions
(including contractors participating in the voluntary plan but
utilizing craft (s) subject to Part II requirements) and those
affected by Appendix A of an Imposed Plan, or Special Bid Condi-
tions are required to:
1• Comply with the EEO Clause;
2. Meet the minimum goals and timetables for
aggregate workforce utilization specified in
the Bid Conditions and/or Appendix A in each
covered craft on all covered work in the area
under the Bid Conditions/Appendix A or provide
DOCUMENTARY EVIDENCE of good faith efforts to
implement the minimum acceptable affirmative
action program;
4
3. File monthly or as directed by the contracting
or administering agency, beginning with the
effective date of the contract, workforce utili-
zation reports (Standard Form 257) reflecting the
prime contractor's and each subcontractor' s aggre-
gate workforce in each covered craft within the
area covered by the Bid Conditions (See Appendix
II) and a one time listing of all Federally-funded
or assisted contracts within the Bid Condition area
by agency, contract number, location, dollar volu,ae,
Percent completed, projected completion date, and
.a listing of all covered non-federal work, subse-
quent to the submittal of the first listing.
Monthly reports, thereafter, should only include
new contracts received and those contracts com-
pleted;
4. Provide access to books, records, and accounts of
all covered construction sites and documentary
evidence of good faith efforts to the Compliance
Agency and/or the Office of Federal Contract
Compliance Programs (OFCCP) for the purpose of
conducting a review.
When the Compliance Agency and the OFCCP have determined
that the contractor has consistently met the minimum utilization
goals in a covered craft over an entire construction season, re-
Parting requirements will be changed from a monthly to a quarterly
basis. However, if a contractor fails to meet the minimum
• _ 0
,y - 5
'
utilization goals during any quarter, monthly reporting requirements
_
will be reinstated.
III, Enforcement (See Attached Flow Chart on CONT.%ACTORS
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. ) ;
6 -
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 Commit-ments
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. Cause.
If such commitments are made by the contractor and
approved by the Compliance Agency, the Agency will find the con-
tractor in compliance and initiate monitoring of the specific
commitments.
C. Notice of Intent to Initiate Actions Leading to Sanctions
If the contractor fails to make, or having made, fails
to implement adequate remedial commitments , and/or has been found
7 -
to have otherwise violated the E.E.O. Clause, the Compliance
Agency will issue a show cause notice to the contractor pro-
viding 30 days for the contractor to come forward with addi-
tional evidence of its efforts to comply or to make adequate
remedial commitments, and, where required, to demonstrate that
it has not violated the R.E.O. Clause.
If the contractor makes such demonstration (s) and/or
commitments, the Compliance agency will withdraw the show cause
notice and place the contractor in compliance, provided that
any violation of the commitments will cause the contractinc
agency to proceed with actions leading to sanctions.
D. Initiation of Actions Leading to Sanctions
If, during the 30 day period provided, the contractor,
(a) fails to document adequate good faith effort to implement the
minimum required affirmative action steps or fails to make ade-
quate commitments to correct all deficiencies, or (b) where re-
quired, fails to demonstrate that the- E.E.O. Clause has not been
violated, the Compliance Agency will initiate actions leading to
the imposition of sanctions against the contractor, pursuant to
41 CFR 60-1.26.
Upon such action by the Compliance Agency and approval
by the OFccp, the contractor will be notified that actions leading
to sanctions have been initiated. The notice will state the rea-
sons for the action and provide 14 calendar days for the contractor
to request a hearing regarding the imposition of sanctions.
8 - s
If no request for hearing •is received within the
14 day period, the Compliance Agency and/or OFCCP will impose
such sanctions as are deemed appropriate provisions of 41 CFR
60-1 , including cancellation, termination, debarment or
ineligibility for further federally funded or federally assisted
contracts.
Upon receipt of a request for hearing, the Compliance
Agency and/or OFCCP will arrange for and conduct a hearing on the
issues outlined in 41 DFR 60-1 and 41 CRF 60-30 .
During the pendency of any such request for hearing,
a contractor's other federally involved contracts may be suspended
in whole or in part, pursuant to the provisions of 41 CFR 60-1.
However, no sanctions or penalties specified in 41 CFR 60-1 or
Executive Order 11246, as amended , may be imposed without the
approval of the Director, OFCCP.
The hearing procedures (41 CFR 60-30) provide that
any conciliation agreement or consent decree proposed as a
settlement of the issued and the final decision on the imposition
of sanctions must be approved by the Secretary of Labor or the
Director, OFCCP.
IV. Technical Assistance
The Compliance Agency and OFCCP Regional Office staff
will provide technical assistance regarding the implementation of
.the requirements of the E.E.O. Clause, Federal Bid Conditions
and/or Appendix A upon receipt of a request for assistance from
a contractor.
NOTICE TO BIDDERS
FAIR TRADE PRACTICE
Please be advised that Section 109 of Public Law 100-202
restricts awarding contracts for work on public buildings or
public works to contractors or subcontractors from foreign
countries that deny fair trade practices to the United States .
Currently, Japan is the only foreign country that has been so
classified.
The prohibitions in Section 109 also apply to certain
products used in these activities , such as affixed equipment ,
electronics , utilities and instruments .
The United States Trade Representative (USTR) shall maintain
a list of each foreign country which -
(A) denies fair and equitable market opportunities for
products and services of the United States in
procurement , or
(B) denies fair and equitable market opportunities for
products and services of the United States in
bidding, for contruction projects that cost more
than $500, 000 and are funded (in whole or in part)
by the government of such foreign country or by an
entity controlled directly or indirectly by such
foreign country.
A contractor or subcontractor shall be considered to be a
citizen or national of a foreign country, or controlled directly
or indirectly by citizens or nationals of a foreign country:
( 1) if 50 percent or more of the Contractor or
subcontractor is owned by a citizen or a national of
the foreign country;
(2) If the title to 50 percent or more of the stock of
the Contractor or subcontractor is held subject- to
trust or fiduciary obligation in favor of citizens
or nationals of the foreign country;
(3) If 50 percent or more of the voting power in the
Contractor or subcontractor is vested in or
exercisable on behalf of a citizen or national of
the foreign country;
(4) in the case of a partnership , if any general partner
is a citizen of the foreign country;
(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
An 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 .
►11 1
r j }
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 .
i
FAIR TRADE CERTIFICATION
ROBERT G.t.rkURIGUET
I , being a principal
Name ,. cfofContractor
of (Qr 0,9-C W eN l 'JWP a cocQ herein after known
Nam f Company or Oorpordtion
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 inabilivy 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 whe submitted or has become erroneous by
reason of h ng d circumstances .
Sig ature of Company/Co . Pr ncipal Title
I_ at .ASCI -T-310I y I �3
Contractor Ldentification Number Datef -
The- making of a false, fictitious , or fraudulent certification
may render the maker subject to prosecution under Title 18,
U .S .C . 1001 .
o��EFOIk��Gy
JUDITH T. TERRY E► Town Hall, 53095 Main Road
z P.O. Box 1179
TOWN CLERK o 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 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 Kreiger Well & Pump Corp. , Mattituck, New York,
in the amount of $6,270.00, for the installation of a well and submersible
pump at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, all
in accordance with the approval of the Town Attorney.
Judith T. Terr�
Southold Town Clerk
October 20, 1993
o��FFOIKC�Gy
Q Town Hall, 53095 Main Road
f— = P.O. Box 1179
JUDITH T. TERRY =v r'r+ Southold, New York 11971
TOWN CLERK Fax (516) 765-1823
REGISTRAR OF VITAL STATISTICS yO� �`O� Telephone (516) 765-1801
MARRIAGE OFFICER 1�
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE
THIS IS
TO CERTIFY THAT THE FOLLOWING TIRESOLUTION A
G HE DONSEPTEMBER WAS ADOPTED 2Y 1993 :
SOUTHOLD TOWN BOARD AT A REGULAR MEET
RESOLVED that the Town Board of the Town of Southold hereby accepts
he bid of Kreiger Well & Pump Corp. , Mattituck, New York, in the amount
t um at the
of $6,270.00, for the installation of a well and submersible pump
Robert W. Tasker Memorial Park, Peconic Lane, Peconic, all in accordance
with the bid specifications.
�*—Judith T. Terry
Southold Town ClerkSeptember 22
K"rei ger Well & Pump Corp.
Box 101 - Main Road Well Drilling CONTRACT
Mattituck: , N. Y. 11952 Water Systems and Supplies (516) 98-•4141
P'ROP'OSAL SUBMITTED TO: REF. NO: o7555
TOWN OF SOUTHOLD COMMUNITY DEVELOPM 09/09/93
BOH:
TOWN HALL •- MAIN RD SOUTHOLD COMM. DEVEL
SOUTHOLD, NY 119, 1 PECONIC LANE SPORTS
-765-1892 PECONIC - -
We hereby submit specifications and estimates for:
5" WELL TO APPROXIMATELY 75 FEET
5" X 5' ALL STAINLESS STEEL SCREEN
5" PITLESS ADAPTER
3 HP STAINLESS STEEL SUBMERSIBLE PUMP (MYERS 3035)
APPROXIMATELY 40 FEET OF DROP PIPE AND SUBMERSIBLE CABLE
#k350 CAPTIVE AIR TANK (EQUIV - 398 GALS ON 35/65 SETTING) is
BRASS TANK TEE, CHECK VALVE, BALL VALVE, PRESSURE SWITCH,
PRESSURE GAUGE, BOILER DRAIN, IRRIGATION TEE, AND ALL
NECESSARY MISCELLANEOUS FITTINGS, (ALL BRASS & COPPER FITTINGS)
APPROXIMATELY 100 FEET OF TRENCH, 1--1/4" WATER LINE AND OF CABLE
IF NECESSARY TO GO BEYOND 75 FEET, ADD $16. 00 PER ADDITIONAL FOOT
We hereby propose to furnish labor and materials-complete in accordance
with the above specifications, for the sum of $6,290. 00
dollars (SIX THOUSAND TWO HUNDRED MINTY DOLLARS) with payment
to be made as follows„
TERMS: One Third Down , Balance in full on completion
---------------------------------------------------------
KREIGER WELL & PUMP CORP. CANNOT TAKE RESPONSIBILITY FOR THE QUALITY OF
THE WATER. The Builder, and or Homeowner shall be responsible for the
location of the well . ANY CHANGES IN DEPTH OR RELOCATION OF WELL, WILL
BE CHARGED TIME AND MATERIAL AT OUR PREVAILING RATES. ALL BACKFILLING
AND TRENCHING IS ROUGH GRADED. FINISHING OR LANDSCAPING I5 THE
RESPONSIBILITY OF THE OWNER. All material is guaranteed to be as
specified. All work: is to be completed in a wor•F::manl i k:e manner according
to standard practices. Any alteration or deviation from above specifi-
cations involving extra costs, will become an extra charge over and
above the estimate. All agreements contingent upon strikes, accidents
or delays beyond our- control . Owner to carry fire, , and other-
necessary insurance. Our work:ers are fully covered by Workman 's
Compensation Insurance.
DATE: 09/09/93
Signature Authorized Signature , A AA=__
Cll' t
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) 2
(Corporate Title)
(if any) V11ce
Bid on ROBERT W. TASKER MEMORIAL PARK
IMPROVEMENTS - WELL BID
BID - WELL - R.W. TASKER MOM4RIAL PARK
BID OPENING: 11 :00 A.M., Thursday, September 9 1993.
1.
2. L,ony Islo-03 e-ll rl���SrNot»�s��a ��✓ Cor�a.v� v / 117�`7
3.
4.
5.
6.
COUNTY OF SUFFOLK
ss:
S-1 A F F O1- 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 a public newspaper printed at Southold, in Suffoll< Count)
GIVEN, in accordance with
the provisions of Section 103 find that the notice of which the annexed is a printed copy
of the General Municipal Law, h,1" hcen puhhshed in said Long Island l ravcicy Watchma
that sealed bids are sought and once c,i c I i week for . . . . . . . . . . . . . . . . . . . . . . . . . . . week
requested by the Town Board
of the Town of Southold for
the following project: "Im- su(cessively, commencing on the . . . . . . . . . . . . . . . . . . . . . .
provements to the Robert W.
Tasker Memorial Park:'This
project calls for the installa- da, 01 . . . .. . 19
tion of a well at the Robert W.
Tasker Memorial Park,
Peconic Lane, Peconic, New
York. Specifications may be
obtained at the Offhee,of t#e;
Town Clerk of the Town:of: 1 Ale
Southold, Town Hall, Main .;worn to before me this . . . . . . . z9. . . . . . . . . . . day of
Road, Southold, New York
11971.
The sealed bids, together . . . . . . . . , 19
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, GL
Southold, New York, until
11:00 A.M., Thursday, Notary Public
September 9, 1993, at which BARBARA A. SCHNEIDER
time they will be opened and NOTARY PUBLIC, Stir, of f.otiv York
read aloud in public. The No. 4806:46
Town Board of the Town of
Qualified in Suflrlk County
Southold reserves the right to Commission Expires 813i1gy
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
sealed in envelopes plainly
marked "Bid on the Robert
W.Tasker Memorial Park Im-
provements—Well Bid"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
1X-9/2/93(4)
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, Installation of a well at the Robert W.'
Tasker Memorial Park. Bid opening: 11 :00 A.M. , Thursday, September
9, 1993, Southold Town Clerk's Office.
Judith T. Terry 67
Southold Town Clerk
Sworn to before me this
26th day of August 1993.
Via. O Ca< n t._=2
6Notary Public
LINDA J.COOPER
`,trry Pu'ohc,State of New York
£� Suffolk Count
31, 19
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 well 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 9, 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 - Well Bid" 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
Town Clerk's Bulletin Board
Dodge Reports
Brown's Letters
.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 well 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 9, 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 - Well Bid" 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
Town Clerk's Bulletin Board
ROBERT W. TASKER MEMORIAL PARK
Well Installation Bid Specifications
5 inch well to approximately 75 feet
5 inch X 5 feet all stainless steel screen
5 inch pitless adapter
3 HP stainless steel submersible pump
Approximately 40 feet of drop pipe and submersible cable
#350 captive air tank (equivalent 398 gallons on 35/65 setting)
Brass tank tee, check valve, ball valve, pressure switch,
pressure gauge, boiler drain, irrigation tee and all necessary
miscellaneous fittings, (all Brass & copper fittings)
Approximately 100 feet of trench, 1-1/4 inch water line and OF
cable.
If necessary to go beyond 75 feet, specify the additional charge
per foot.
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 - WELL BID
ZO Fat
JAMES C. McMAHON SCOTT L. HARRIS
fi
Administrator F Supe
rvisor
Telephone (516) 765-1892 T ; Town Hall, 53095 Main Road
��'�' P.O. Box 1179
° Southold, New York 11971
Fax (516) 765-1823
TOWN OF SOUTHOLD
COMMUNITY DEVELOPMENT AGENCY
PROJECT: ROBERT TASKER MEMORIAL PARK, PECONIC LANE, PECONIC, NY
Dear Contractor:
Please find the enclosed forms:
1. Notice
2 . Equal Employment Opportunity - Executive Order 11246
3 . Equal Opportunity Bid Conditions for Federal and Federally
Assisted Construction
4 . Federal Wage Rates
5 . Instruction for Completing Payroll Forms WH-347
6 . Pre-construction Checklist for Contractors
7. Contracting Opportunities for Minorities and Females
8 . Federal Labor Standards Provisions
9 . Section 109 and Section 110 of PL93-383
10. Requirements for Contractors
11. Section 3 Plan
12. Contractors Responsibilities
13 . Fair Trade Practice
If you have any questions on the above, please give me a call.
•
NOTICE
This project is being assisted by funding from the Federal
Government of the United States of America under one or
more current federal funding programs , and as such, the
performance of all work contemplated under the terms and
conditions of this set of plans, specifications and related
documents must conform to certain basic and specific
standards and requirements of both the Federal and New York
State governments .
The federal labor-standards provisions setting forth the
requirements for federal funding are contained in these
documents.
In the event of conflicting requirements , Federal, and
State provisions set forth shall take precedence over
local requirements , except for bonding and insurance
requirements where local provisions , requirements and
standards will apply.
8020.1
J
A�'endix 1
car DWEPAnTiMENT OF HOUSING AND URBAN DEVELOPMENT
,ro, �
Executive Oder 1124.6, as amended
EQUAL EMPLOYMENT OPPORTUNITY
(il0iei! Executive Order 11247
��' COORDINATION aY ATTORNEY GENERAL
EQUAL EMPLOYMENT OPPORTUNITY
Executive Order 112161
r30 M 12319-251
Under and by virtue of the authority vested in me as President of
V the United States by the Constitution and statutes of the United
States,it is ordered as follows:
PART I—No?mrscRIDIINATSON tx Govs arrmmNT EatptoT3a-rr
Sac. 101. It is the policy of the Government of the United States
to provide equal opportunity in.Federal employment for all qualified
persons, to prohibit discrimination in employment beesu-se of race,
color, religion,sex or national origin, and to provide the lull realiza.
tion of equal employment opportunity throu,7a a positive, continuing
program in each executive department and a6ncp.The policy of equal
opportunity applies to every aspect of Federal emplormeat policy
and practice.
Szc. 102 The head of each executive department and agency shall
establish and maintain a positive program of equal employment oppor-
;E tunity for all civilian empioyees and applicants for empiocment within
his.jurisdiction in accordance with the poliev set forth in Sectoia 101.
SEc. 103.The Civil Service Commission shill supervise and provide
leadership and guidance in the conduct of equal employment oppor-
tunity programs for the civilian empioyees of and applications for
employment within the executive departments and asencies and shall
review agency program accomplishments periodically. Is. order to
facilitate the achievement of a model prog:am for equal employment
opportunity in the Federal service,the Commission may consuli from
time to time with such individuals.-coups,or organizations as may be
of assistance in imprnving the Federal program and reaiizing the
objectives of this Part.
Sic. 104. The Civil Service Commiesion shall provide for the
prompt, fair, and impartial considerat.on of all complaints of dis-
crimination in Federal employment on Lai,basis of race,color,religion,
sex or national origin. Procedures for the consideration of complaints
shall include at least one imps::iei review within We aset:ucive Qeu---'
meat or agency and shall•provide for appeal to the Civil Service
Commission.
Sac. 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.
1 Amea led by Exeeadvo Order 113:5 of October 13.191:.32 Fed.Beg. 14503.to provide
that t!e pro5nm of eQual emplofinent opportunity include probiblrioa ajatnec dieerimiaa-
tlna em ateouat of nes.
Page 1
8020.1
Appendix: 1
PAW II—NONDt8C82]cm- ATIOx rx Eu7wrax:r, sT GovERxxzNT
CONTRACTOR8 AND St7WOW ACTORB
8MWARr A—DUTMS OF THE 8ECRVrART OF LABOR
SEc.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 necasaary and ap-
propriate to achieve the purposes thereof.
strsFART so -corraAcroas' AOR_�Z.VM
Sac. 202. Except in contracts exempted in accordance with Section
• 204 of this Order, all Government contracting agencies shall include
in every Government contract hereafter enterea into the following
provisions:
"During the performance of this contract, the contractor agrees as
follows:
"(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without reiird to their race, coior, religion, sex, or
national origin. Such action shall include, bur. not be limited to the
following: employment, upgrading, demotion, or transfer; recruit-
ment or recruitment advertising; lavott or termination; rates of pay
or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
avatiable to employees and apgllcania for amaloyiaert, Lotie" to lip
provided by the contracting otficer setting forth the provisions of this
nondiscrimation clause.
"(2) The contractor will, in all solicitations or advertisements for
ea loyees placed by or on behalf of the contractor,state that all quali-
ed aQplicants will receive consideration for employment without
refs to race,color, relistion,sex,or national origin.
`(3) The contractor will send to each labor union or representative
Of workers with which he has a collective bargaining agreement or
other contract or understandir,-,s notice.to be provided by the agency
contracting officer,advising th.iabor union or workers'representative
of the contractors'commitments under Section x0.2 of Executive Order
No. 11246 of September 34, 1965,and ,hall post copies of the notice in
conspicuous places available to employees and applicants for employ-
ment.
"(4) The contractor will comply with all provisions of Executive
Order No. 11246 of September 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-
=� qu' by Executive Order No. 11346 of September 2.4 1965,and by the
rules, regulations, and orders of the Secretary of Ubr 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
i�gation 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 any of such rules,regu-
lations, or orders, this contract may be cancelled, terminated or sus- .
pended in :chole or in part and the contractor may be declared ineli.
Bible for further Government cnntracts in accordance with prneedures
authorized in Executive (Order No. 11246 of September 24, 1963, and
such other sanctions may be imposed and remedies invoked as provided
in Executive Order \o. :l?46 of September 24. 1963,or be rule,regu-
lation, or order of the Secretary of Labor, or as otherwise provided
by law.
• "(7) The contractor will include the provisions of Paragraphs (1)
through (T) in every subcontract or purchase order unless exempted
by rules, regulations, nr orders of the Secretary of Labor issued pur-
suant to Section 21'04 of Executive Order-\o. 11216 of September 21,
1903, so that such provisions will be binding► upon a::a su5co!itr3.ctor
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 includin_z sanctions for noncom-
pliance: Provided. itowever. That in the event the contractor becomes
involved in, or is threatened with, litigntion with a subcontractor or
vendor as a result of such direction by the contracting agency, the
contractor may request the United States to enter into such litigation to
protect the interests of the United States."
Sec. 203. (a) Each contractor having_ a contract containing the pro-
visions prescribed in Section 202 shall file, and shall cause each of his
succontractors to file.Compliance Reports with the contracting agency
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 fiat practice., t-hie em-a and Pmnlovment Dollcies, pro-
grams, and employment statistics of the contractor. end 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 preceding similar
Executive order, and in that event to submit,on behalf of themselves
and their proposed subcontractors, Compliance Reports prior to or as
an initial part of their bid or 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 information as to such labor unions or seency's
practices and policies atlecting compliance as the Secretary of L--;;or
may prescribe:Prot•ided,That to the extent such information is within
the exclusive possession of a labor union or an agency referring work-
ers or providing or supervising apprenticeship or training and such
labor union or agency shall refuse to furnish such information to the
contractor, the con..►.rsctor shall so certify to the contracting agencv as
part of its Compliance Report and shall set forth what efforts he has
made to obtain such information.
Page 3
8020.1
AppendLx 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 ot$cer or agent on behalf of anv labor union or any
agency referring workers or providine 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,
religgi�on,sea 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 shalf so certify and set forth
what efforts have been made to secure such a statement and such addi-
tional factual material as the contracting agency or the Secretary of
Labor may reques.
SEc. 204. The it3ecretary of Labor may, when he deems that special
circumstances in the national interest so require,exempt a contracting
agency from the requirement of including any or all of the provisions
of Section 202 of this Order in any specific contract, subcontract, or
purchase order. The Secretary of Labor may, by rule or reguia-
tion, also exempt certain classes of contracts, subcontracts, or pur-
chase orders (1) whenever work is to be or has been oerformed outside
the United States and no recruitment of workers within the limits
of the United States is involved; (2) for standard commercial sup-
plies or raw materials; (3) involving less than specified amounts of
money or specified numbers of workers;or (4) to the extent that they
involve subcontracts below a specined tier. i he jecretary or Labor
may also provide, by rule, regulation, or order, for the exemption
of facilities of a contractor which are in all respects separate anti
distinct from activities of the contractor related to the performance
of the contract: Provided, That such an exemption will not i-iterfere
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.
8L-arAST 0—F0WM 8 AND DUTM or TSE aLCPXrA87 Or LABOR Arra Tffi:
00117 tAM."rG AGr.%(C=g
Smm 205. Each contracting agency shall be primarily responsible
for obtaining compliance with the rules,regulations,and orders of the
• Secretary of Labor with respect to contracts entered into by such
agency or its contractors. A11 contracting agencies shall comply with
the rules of the Secretary of Labor in discharging their primary
responsibility for securing compliance with the provisions of con-
tracts and otherwise with the terms of this Order and of the rules,
Z_Vdations, and orders of the Secretary of Labor issued pursuant to
this Order. They are directed to cooperate with the Secretary of
Labor and to furnish the Secretary of Labor such information and
assistance as he may require in the performance of his functions under
this Order. They are further directed to appoint or designate, from
Page 4
8020.1
Aunendix 1
among the agency's personnel, compliance officers. It shall be the
duty of such officers to seek compliance with the objectives of this
Order by conference, conciliation, mediation, or persuasion.
SEe.206. (a) The Secretary ' Labor may investigate the employ-
ment practices of any Government contractor or subcontractor,or ini-
tiate such investigation by the appropriate contracting agency, to de-
termine whether or not the contractual provisions specified in Section
202 of this Order have been violated. Such investigation shall be
conducted in accordance with the procedures established by the Secre-
tary of Labor and the investigating agency shall report t; the Secre-
tary of Labor any action taken or recommended.
' (ryb) The Secretary of Labor may receive and invest.igste or cause
to be investigated complaints by emplovees or prospective employees
of a Government contractor or a1_1bcontractdr which aiargd 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 contracting a_.ency, that agency shall report to the
Secretary what action has lZri taaen or is recommended with regard
to such complaints.
Sac.207. The Secretary of Labor shall use his best efforts, directly
and through contracting agencies, ocher interested Federal,State, and
local agencies,contractors,and all other available instrumentalities to
cause any labor union eno?md in work under Government contracts
or any agency referrinv woo-Kers or providing or supervising appren-
ticesliip or trainint• for or in the course of such work to cooperate in
A�, the implementation of the purposes of this Order. The Secretary of
Labor shall, in appropriate cases, notify the Equal Employment
.he De-rtinect ..c J,_stice. or other appro-
.,pyo.........,,
prtate Federal agencieswhenever it has reason to believe that the
practices of in v such labor organization or agency violate Title VI or
Title VII of the Civil Rights Act of 1964 or other provision of Fed-
eral law.
SDC. 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 Secretary, may hold such hearings,
public or private,as the.;peretary may deem advisable for compliance,
enforcement, or educational purposes.
(b) The Secretary of Iacor may hold,or cause to be held,hearings
in accordance with Dubseccion (a) of this Section-prior to imposing,
orderine, or recommending the imposition of penalties and sancttot.s
ander this Order. -o order for debarment of any contractor from
farther Government contracts under SPetio1 209(a)(6) shall be :nade
without atfording the contractor an opportunity for a hearing.
SUBPART D-9A'?M0\$ AND PENALMS
Sac. 209. (a) In accordance with such rules. regulations, or orders
as the Secretary of Labor may issue or adopt, the Secretary or the
appropriate contractin¢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
80;?0.1
Appendix 1
(2) Recommend to the Department of justice that in cases in
whit there is substantial or material viblation or the threat of sub•
stantial or material violation of the contractualpprovisions set forth
in Section 202 of this Order, appropriate proceedinPs be brought to
enforce those provisions, in^.luaing the enjoining, within the limits-
tions of applicable law, of organizations, individuals, or groups who
prevent directly[ or indirectly,or seek to prevent directly or indirectly,
compliance with the provisions of this Order.
(3) Recommend to the Equal Employment Opportunity Commis-
sion or the Department of Jnatice that appropnate proceedings be
instituted under Title VII of the Civi:Rights Act of 1964.
(4) Recommend to the Department of justice that criminal pro-
ceedings be brought for the furnishing,of false information to any cop.•
tracting gmnev or to the Secretary of Labor as the case may be.
(5) Cancel,terminate,suspend,or cau%to be canceled,terminated,
or suspended, any contract, or any portion or Portions thereof, for
failure of the contractor or subcontractor to comply with the non-
discrimination provisions of the contrn-ct.Contracts may be cancelled,
terminated, or suspended absolutely or continuance of contracts may
be conditioned upon a program for future compliance approved by
the contracting agency.
(6) Provide that any contracting agency shall refrain from enter-
ing unto 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 sad employment policies in
compliance with the provisions of this Order.
(b) Under rules and regulations prescribed by the Secretary of
Labor, each contracting agency shall made reasonabie efforts within
a reasonable time iirnit'aUuii w _:*cu:e :amzlianca r•ith the zarttract
provisions of this Order by methods of conference,conciliation,inedi-
ation, and persuasion ISeiore proceedings shall be instituted under
Subsection (a)(2) of this Section, or before a contract shall be can-
celed or terminated in whole.or in 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 contract rig 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 proiaptly notify the Secretary of such action. Whenever the
Secretary of Labor makes a determination under this section,he shall
P "
notiiv the appropriate contracting 9gency of the action
recommended. The egency shall take such action and shall report
• the results thereof to 'he Secretary of Labor within such time as the
Secretary shall specify.
Src. 211. If the Secretary shall so direct,contracting agencies shall
not enter into contracts with any bidder or prospective contractor
unless the bidder or prospective contractor has satisfactorily complied
with the provisions of this Order or submits a program for compliance
acceptable to the Secretary,of Labor or,if the Secretaryso authorizes,
to the contracting agency.
SEc. 212. Whenever a contracting agency cancels or terminates a
contract, or whenever a contractor has been debarred from further
Page 6
8020.1
Appendix 1
Government contracts, under Section 209(a)(6) because of noncom-
pliance with the contract provisions with regard to nondiscrimination,
the Secretary of Labor, or the contractin¢ agency involved, shall
promptly notify the Comptroller General or the United States. Any
such debarment may be rescinded by the Secretary of Labor or by
the contracting agency which imposed the sanction.
BDSPAsr z--CrnrirrcaTW or ICC=
Sw_ 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 enzaged in
i work under Government contracts, if the Secretary is satis$ed that
the personnel and employment practices of the employer, or that the
personnel, training, apprenticeship, membership, - iesance and rep-
resentation, upgrading, and other practices and policies 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 tis 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 lierit which has not been suspended or revoked.
: Para 7II—No.-razecP.rxzxATz0x PsovrazoYe nr Frnrssu z AsersTM
Cox=ccrzo*r Coy rrencrs
Sao.301. Each executive department and agency which administers
a program involving Federal financial assistance shall require as a
condition for the approval of any ,rant, contract, loan, insurance, or
guarantee thereunder.which may involve a construction contract,that
the applicant for Federal assistance undertake and agree to incorpo-
rate� or cause to be incorporated, into all construction contracts paid
for in whole or in Dart with funds obtained from the Federal Guvern-
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 by Section 203 of this Order or such modification thereof,
nrecerring in substance the contractor's obligations thereender,as inav
' . be approved by the Secretary of Labor, together with such additional
provisions as the Secretary deems appropriate to establish and pro-
tect the interest of the United States in the enforcement of tho-se obli-
gations. Each such applicant shall also undertake and agme (1) to
assist and cooperate actively with the administering department or
agency sial the S.rcretary of Labor in obtaining the compliance of con-
tractors and subcontractors with those contract provisions and with
the rules, regulations, and relevant orders of the Secretary, (2) to
obtain and to furnish to the administering department or agency and
Page 7
8020.1
41 i
Appendix 1
to the Secretary of Labor such information as they may require for
the supervision of such compliance, (3y 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 enteringg 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
any contract for the construction,rehabilitation, alteration conver-
sion, extension, or repair of buildings, highways, or other improve-
ments to real property.
(b) The provisions of Part II of this Order shall apply to such
construction contracts, and for purposes of such application the ad-
ministering department or agency shall be considered the contracting
agency referred to therein.
(e) The term "applicant" its 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 finally acted upon
prior to the effective date of this Part, and it includes such an
applicant after he becomes a recipient of such Federal assistance.
Sm 303. (a) Each administering department and agency shall
be responsible for obtaining the compliance of such applicants with
their undertakings under this Order. Each administering depart-
ment and agencv 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 is
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.Frith 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 approuriate legal proceedings.
(c) Anv action with respect to an applicant pursuant to Subsection
(b) shall'be taken in conformity with 6ection 602 of the Civil Rights
Act of 1 G4 kand ",e regulations of 6e ad:rinistering 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
Wore the administering department or agency.
Sac. 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
Paze g
KUD-wash..D.C
8020.1
PPenoa.x
would tend to bring the administration of such requirements into con-
fortuity 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.
Palrr IV—M1scFUANEoV8
SEc.401. The Secretary of Labor may delegate to any'of&cer,agency,
or employee in the Executive brandrol the Government, an function
or duty of the Secretary under Parts II and III of this Order,except
authority to promulgate rules and regulations of a general nature.
Stc.402. The Secretary of Labor shall provide administrative sup-
Port for the execution of the program known as Lhe "Plans for
rogress."
SEc.403. (a) Executive Orders Nos. 10590 (January 19, 1955),
10722 (August 5, 1957),10925 (Jiarch 6, 1961), 11114 (June 22, 1963),
and 11162 (July 28, 1964), are hereby superseded and the President's
Committee on Equal Employment Opportunity established by Ex-
ecutive Order No. 10925 is hereby abolished. All records and property
in the custody of the Committee shall be transferred to the Civil Service
Commission and the Secretary of Labor,as appropriate.
(b) Nothing in this Order shall be deemed to relieve any person of
any obligation assumed or imposed under or pursuant to any Execu-
tive Order superseded by this Order. All rules, regulations, orders,
instructions, designations, and other directives issued by the Presi-
dent's Committee on Equal Employment Opportunity and those issued
by the heads of various departuieras or aganc:c.; ;:nacr or^�� mnt ±o
any of the Executive orders superseded by this Order, snail , 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 16 super-
ceded orders shall be deemed to be references to the comparable provi-
sions of this Order.
Src.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.
LzrmoN B.JoHNeorr.
Tax jDsrrE Hotrsa.
September 24,1966.
Page 9
Kvn-ate.,D.C.
8020.1
Appendix 1
COORDINATION BY ATTORNEY GEN:E:2AL
Executive Order 11247
130 F.R. 1232n]
PROVIDING FOR THE CoORDIYATION By TIM ATMR,%-DT GE.YFRAL OP
EYFORCt XF-T OF TrrLE VI OF THE CIVIL Mown ACT of 1964
Whereas the Depn `uients and agencies of the Federal Government .
have alopted unifnrn, and consistent regulations implementing Title
VI of the Civil Rights Act of 1964 and, in cooperation with the
President's Council on Equal Opportunity, have embarked on a
r: coordinated program of enforcement of the provisions of that Title•
SVhereas the issues hereafter arising in connection with coordi-
nation of the activities of the departments and a-encies under that
Title will' be predominantly le^:il in character and in many cases will
be related to 'udirial enforcenwnt:and
NNhereas t�e Attorney Genera is the chief law officer of the Federal
Government and is changed wi;..i, the duty of enforcing the laws of
the United States:
Now, therefore,by virtue of the a„thority vested in me as President
of the united States by the Constitution and laws of the United
• States,it is ordered as follows:
Swrrox L The Attorney General shall assist Federal departments
and agencies to coordinate their pro¢rams and activities and adopt
consistent and uniform policies,practices,and procedures with respect
to the enforcement of Title VI of the Civil Rights Act of 1964.•Ha
may promulgate such rules and regulations as he shall deem neces-
sar�3••to carry out his functions under this Order.
\,F.r• 2. E!v+ Federal department and a_ti nc3 sh:•uli cooperatte with
ilia attorney General in the performance of his functions under this
Order and shall furnish him such reports and information as he may
request.
bEc. 3. Effective 30 days from the date of this Order, Executive
Order No. 11197 of February 5, 1965, 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.
SEa 4. all rules, regulations, orders, instructions, designations and
other directives issued by the President's Council on Equal Oppor-
tunity relating to the implementation of Title VI of the Civi! Rivhts
Act of 1964 shall remain in full force and effect unless and until
revoked or superseded by directives of the attorney General.
TIDE WHrrE HotrsE, L:NDoN B. Jox.reoN.
September 24, 1965.
Q. i GOViOMNLYT r"a"Mc 0"I"!1~70 O•394-713 1971
•�:.sss
Page 10
DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
NEW FORMAT FOR FEDERAL EQUAL
EMPLOYMENT OPPORTUNITY BID CONDITIONS FOR
FEDERAL AND FEDERALLY ASSISTED
CONSTRUCTION
NOTICE
On April 3, 1975, there was published in the FEDERAL REGISTER (40 FR 14953) a
notice and opportunity for comment concerning the intention of the Deportment of Labor
toacbpt New Model Federal EEO Bid Conditions for inclusion in Federal and federally
assisted construction contracts and subcontracts in selected areas.
The following Model Federal EEO Bid Conditions are issued to carry out the purposes
of Executive Order 11246, as amended. The Model Federal EEO Bid Conditions reflect
changes which were made as a result of comments received on the proposed Model Federal
EEO Bid Conditions. The comments received were equally distributed between those
favorable and unfavorable. In general those favorable felt that deletion of the Bidders'
Certification will eliminate undue and costly delays resulting From contractors and subcon-
tractors being declared nonresponsive because of their failure to fill in a form correctly.
Those opposed to elimination of the Bidders' Certification felt that a ore-award certifi-
cation is essential in establishing the contractors' and subcontractors' commitment to offir-
motive action.
The Department has carefully considered all the comments and has determinedthat 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 princioies.
Under Comptroller General opinions and the decisions in Northeast Construction Company
v. Romney, 485 F. 2d 752 (D.C. Cir. 1973) and Rossetti Contracting Comoanv
v. Brennan. 5C$ F, 2d 1039 (7th Cir. 1971, the faHum 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 o 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 properlyexecuted Bidders' Certifi-
cation was that it was thought to be helpful in informing contractors of their obligations
and eliminated inattentive bidden. However, it is now an opinion that contractors are rec-
soncbly aware of their EEO obligations so as to obviate the need for certification. Therefore,
the amendment of the Bid Conditions would climinate the signature and fill-in-the-blank
j requirements. Instead, the Federal EEO Bid Conditions clearly notify prospective bidders
that they will be committed to the goals contained therein by submitting a properly
signed bid. This amendment does not diminish the goverment's enforcement ability
or applicable EEO requirements yet permits contracting agencies to award contracts
to the lowest responsive and responsible bidder.
It is for this reason that the new Model Federal EEO Bid Conditions make the af-
firmative action requirements binding on all bidders who submit signed bids.
Accordingly, effective September 1, 1976, all contracting and administering agencies
ore directed to adopt the new Model.
Federal EEO - 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 (Part 4 and Part 11 EEO requirements.
Further, all other forms of Federal EEO Bid Conditions containing hometown plans and
Part II EEO Bid Condition requirements now in use for such areas are not to be in-
cluded in Invitctions for Bid after adoption of the new Model Federal EEO Bid Con-
ditions.
This new format has been coordinated through the Office of Federal Procurement
Policy of the Office of Management and Budget in accordance with P.L. 93-400,
the Office of Federal Procurement Policy Act.
Set forth below are the new Model Federal EEO Bid Conditions:
BID CONDITIONS
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
For all Non-Exempt Federal and Federally-
Assisted Construction Contracts to be Awarded in
(NASSAU AND SUFFOLK COUNTIES, NEW YORK)
NOTICE
EACH BIDDER, CONTRACTOR OR SUBCONTRACTOR (HEREINAFTER THE CON-
TRACTOR) MUST FULLY COMPLY WITH EITHER PART I OR PART 11, AS APPLICABLE,
OF THESE BID CONDITIONS AS TO EACH CONSTRUCTION TRADE IT INTENDS TO
USE ON THIS CONSTRUCTION CONTRACT AND ALL OTHER CONSTRUCTION WORK
(BOTH FEDERAL AND NON-FEDERAL) IN THE NASSAU - SUFFOLK AREA DURING
THE PERFORMANCE OF THIS CONTRACT OR SUBCONTRACT. THE CONTRACTOR
COMMITS ITSELF TO THE GOALS FOR MINORITY MANPOWER UTILIZATION IN
EITHER PART I OR PART 11, AS APPLICABLE, AND ALL OTHER REQUIREMENTS,
TERMS AND CONDITIONS OF THESE BID CONDITIONS BY SUBMITTING A PRO-
PERLY SIGNED BIO.
THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE
RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND
CONDITIONS OF THESE BID CONDITIONS.
Part I: The provisions of this Part I apply to contractors which are party to collective
bargaining agreements with labor organizations which together hove 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 Bid Conditions by its participation with
the labor organization which represent its employees in the NASSAU-SUFFOLK Plan as
to one trade provided then: 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 II including
goals for minorities and female utilization set Forth in Part Il.
If a contractor does riot comply with the requirements of these Bid Conditions, it shall
be subject to the provisions of Part II.
Part II : A. Caveroge. 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. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective
bargaining agreements with labor organizations which are not or hereafter cease to be
signatories to the NASSAU-SUFFOLK Plan
4. 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 p or
5. Are participating in a affirmative action plan which is no longer acceptable
to the Director, OFCCP, including the NASSAU-SUFFOLK Plan.
6. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective
bargaining agreements with labor organizations which together have failed to make
a good faith effort to comply with their obligations under the NASSAU-SUFFOLK
Plan and, as a result, have been placed under Part II of the Bid Conditions by the
Office of Federal Contract Compliance Programs.
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 goofs and timetables for minority_ utiliza-
tion, and specific affirmative action steps set forth in Sections B. 1 and 2 of this Part
II. The contractor's commitment to the goals for minority utilization as required by this
Part 11 constitutes a commitment that it will make every good faith effort to meet such
goals.
I . 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 I. For all such
trades the following goals and timetables shall be applicable.
Goals for
Minority
Utilization
Until (1/TC14)
From ( ) to ( } }
From ( ) to ( ) ( }
From ( ) to ( ) ( )
From ( ) to
The goals of minority and female utilization above ore expressed in terms of hours of
training and employment as a proportion of the total number of hours to be worked by
the contractor's aggregate work force, which includes all supervisory personnel, in each
trade on all projects (both Federal and non-Federal) in the NASSAU-SUFFOLK Plan
area during the performance, of its contract (i.e., the period beginning with the first day
of work on the Federal or federally assisted construction contract and ending with the last
day of work) .
The hours of minority employment and training must be substantially uniform throughout
the length of the contract in each trade and minorities must be employed evenly on each
of the contractor's projects. Therefore, the transfer of minority employees or trainees
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 latest year for which goals of minority utilization have
been established, the goals for the last year of the Bid Conditions will be applicable
to such work.
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 If and has
made every good faith effort to make these steps work tomerd 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 shore obligation if provided in the NASSAU-
SUFFOLK Plan) or subject to Part II which fails to achieve its commitments to the goals
for minority utilization has the burden of proving that it has engaged in a affirmative
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
contractor, 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 had other infor-
mation that the union referral process has impeded efforts to meet its goals.
1
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 at reasonable intervals
in union publications. The EEO policy should be further disseminated by conducting
staff meetings to explain and discuss the policy; by posting of the policy; and by review of
the policy with minority employees.
e. The contractor should have disseminated its EEO policy externally by informing
and discussing it with all recruitment sources; by advertising in news media, specifi-
cally including minority news media and by notifying and discussing it with 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 hir-., transfer, promo-
tion, training or retention are being used in a manner 'het does not violate the OFCCP
Testing Guidelines in 41 CFR Part 60-3.
h. The contractor where reasonable should have developed on-the-job training
opportunities and participated and assisted in all Department of Labor funded and/or
approved training programs relevant to the contractor's employee needs consistent with
its obligations under this Part If.
i. The contractor should have made sure that seniority practices and job class-
ifications do not have a discriminatory effect.
i. The contractor should have made tertian that all facilities were not segregated
by race.
k. The contractor should have continually monitored all personnel activities to
ensure that its EEO policy was being carried out including the evaluation of minority
employees for promotional opportunities on quarterly basis and the encouragement of
such employees to seek those opportunities.
1 . The contractor should have solicited bids for subcontractors from available
minority subcontracts engaged in the trades covered by these Bid Conditions, including
circulation of minority contractor associations.
ComplNOTE: The Assistant Regional Administrator of the Office of Federal Contract
iance 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 ossistance From a contractor.
1
3. Subseauent 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 an association, will be deemed bound to their commitments to the NASSAU-
SUFFOLK Plan From that time until and unless they once again become subject to the
requirements of Part 11 pursuant to Section A. 1-6.
4. Non-discrimination. In no event may a contractor utilize the goals and
affirmative action steps required by this Part II in such a manner as to cause or result
in discrimination against any person on account of race, color, religion, sex or national
origin.
Part III : Compliance and Enforcement. In all cases, the compliance of a
contractor will be determined in accordance with its obligations under the terms of
these Bid Conditions. Therefore, contractors who are governed by the provisions of
either Part I or Part 11 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 sribcontractors 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 I.
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 I, provided the contractor together with the labor organization or organizations_
with which it has a collective bargaining agreement meet the goals for minority utiliza-
tion to which they committed themselves solely responsible for any final determination of
that question and the consequences thereof.
3. Where OFCCP finds that a contractor has failed to comply with the requirements
of the NASSAU-SUFFOLK Plan and its obligations under Part I of these Bid Conditions, it
shall take such action and/or impose such sanctions as may be appropriate under the
Executive Order and its regulations. When the OFCCP proceeds with such formal action
it has the burden of proving that the contractor has not met requirements of these Bid
Conditions. The failure: of the contractor to comply with its obligations under the Equal
Opportunity clause shall shift to it the requirement to come forward with evidence to
show that it has met the good faith requirements of these Bid Conditions Tby instituting at
least the specific affirmative action steps listed in Part II, Section 2. he contractor
must also provide evidence of its steps toward the attainment of its trade's goals within
the timetables set forth in the NASSAU-SUFFOLK Plan. The pendency of such Formal
' 1
proceedings shall be taken i nto consideration by Federal agencies in determining
whether such contractor can comply with the requirements of Executive Order 11246,
as amended, as is therefore a "responsible prospective contractor" within the meaning
of basic principles of Fede al procurement low.
B. Contractors Subject to Part II . In regard to Part II of these Bid Conditions,
if the contractor meets the goofs in the NASSAU-SUFFOLK Plen, 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 Cffice
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 scontions and penalties for in Executive Order
11246, as amended.
2. The OFCCP shall review Part I contractors' employment practices during the
performance of the contract. Further, OFCCP shall be solely responsible for any
final determination that the NASSAU-SUFFOLK Plan is no longer an acceptable of-
firmative action program and the consequences thereof. The OFCCP may, upon re-
view and notice to the contractor and any affected labor organization, determine
that the NASSAU-SUFFOLK Plan no longer represents effective affirmative action.
In that event it shall be set forth therein or can demonstrate that it has made every
good faith effort to meet these goals, the contractor shall be presumed to be in com-
pliance with Executive Order 11246, as amended, the implementing regulations and its
obligations under Part II of these Bid Conditions. In that event, no Formal sanctions
or proceedings leading toward sanctions shall be instituted unless the contracting or
administering agency otherwise determines that the contractor is violating the Equal
Opportunity clause.
Where the agency finds that the contractor failed to comply with the require-
ments of Executive Order 11246, as amended, the implementing regulations and the obligations
under Part 11 of these Bid Conditions, the agency shall take such action and impose such
sanctions, which include suspension, termination, cancellation, and debarment, as may be
appropriate under the Executive Order and its regulations. When the agency proceeds with
such formal action it has the burden of proving that the contractor has not met the goals
contained in Part 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 Il, 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 Aoolicabie to Contractors Subject to Either Part I or Part 11.
It shall be no excuse that the union with which the contractor has a collective r-
gaining agreement providing for exclusive referral failed to refer minority employees.
Discrimination in referral for employment, even if pursuant to provisions of a collective
bargaining agreement,is prohibited by the National Labor Relations Act, as amended,
opd Title VII of the Civil Rights Act of 1964, as amended . It is the policy of the
Office of Federal Contract Compliance Programs that contractors have a responsibility
to provide equal employment opportunity if they wish to participate in federally in-
volved contracts. To the extent they have delegated the responsibility for some of
their employment practices to a labor organization and, as a result, are prevented from
meeting their obligations pursuant to Executive Order 1.1246, as amended, such contractors
cannot be considered to be in compliance with Executive Order 11246, as amended, its
implementing rules and regulations.
Part IV: General Requirements. Contractors are responsible for informing
their subcontractors in writing, regardless of tier, as to their respective obligations under
Parts I and 11 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 fulfil) their obligations under
these Bid Conditions. However, the prime contractor shall give notice to the Assistant ,,
Regional Administrator of the Office of Federal Contract Compliance Programs of the
Department of Labor and to the contracting or administering agency of any refusal or
failure of any subcontractor to fulfill its obligations under these Bid Conditions. A
subcontractor's failure to comply will be treated in the some manner as such failure by
a prime contractor.
2. Contractors hereby agree to refrain from entering into any contract or con-
tract modification subject to Executive Order 11246, as amended, with a contractor
debarred from, or who is determined not to be a "responsible" bidder for Government
contracts and federally-assisted construction contracts pursuant to the Executive Order.
3. The contractor shall carry out such sanctions and penalties for violation of
these Bid Conditions and the Equal Opportunity clause including suspension, termination
and cancellation of existing subcontracts and department from future contracts as may be
imposed or ordered pursuant of Executive Order 11246, as amended, and its implementing
regulations by the contracting or administering agency and the Office of Federal Contract
Compliance Programs. Any contractor who fails to carry out such sanctions and penclites
shall also be deemed to be in noncomplicane with these Bid Conditions and Executive
Order 11246, as amended.
4• Nothing herein is intended to relieve any contractor during the term of its
contract from compliance with Executive Order 11246, as amended, and the Equal
Opportunity clause of its contract with respect to matters not covered in the NASSAU-
SUFFOLK Plan or in Part 11 of these Bid Conditions.
0
The procedures set forth in these Bid Conditions shall not apply to any
contract which the head of the contracting or administering agency determines is
essential to the national security and its award without following such procedures
is necessary to the national security. Upon making such a determination, the
agency head will notify, in writing, the Director of the Office of Federal Contract
Compliance Programs within thirty days.
6. Requests for exemptions from these Bid Conditions must be made , in writing,
with justification, to the Director, Office of Federal Contract Compliance Programs, U.S.
Department of Labor, Washington, D.C. 20210, and shall be forwarded through and
with the endorsement of the head of the controcting-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 (316) 979-8300
COMMUNITY DEVELOPMENT ■ SMITHTOWN, N.Y. 11787 ■ FAX NO. (316) 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) , HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 02/19/1993
1 02/26/1993
2 03/12/1993
3 03/19/1993
4 04/02/1993
5 04/16/1993
6 05/07/1993
NY930013 - 1
COUNTY(ies) :
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
BOILERMAKER Rates Fringes
$29 . 65 2 . 90+47%+a
FOOTNOTE:
a. PAID HOLIDAYS : New Years Day, Thanksgiving Day, Memorial
Day, Independence Day, Labor Day and Good Friday, Friday after
Thanksgiving, Christmas Eve Day and New Years Eve
------------------------------
BRNY0001B 05/01/1991
Rates Fringes
STONE MASONS 18 . 00 3 . 75
TERRAZZO & MOSAIC WORKERS 23 . 66 4 . 38
TERRAZZO & MOSAIC FINISHERS 15 . 48 2 , 71
TILE SETTERS 24 . 605 5. 18
TILE FINISHERS 18 . 36 3 . 47
----------------------------------------------------------------
BRNY0030A 05/01/1991
MARBLE SETTERS : Rates Fringes
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
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
Rates Fringes
CARPENTERS:
Nassau County (except that part South
of the Southern State Parkway West of
Seaford Creek, also smithtown Islip
line on the East, Long Island Sound
on the North and Middle Island RR
track on the South:
Carpenters; Acoustical ; Drywall
Installers:
Building, Residential (under 2
stories) , Heavy & Highway 27 . 85 11. 45
----------------------------------------------------------------
CARP0890G 07/01/1992
Rates Fringes
CARPENTERS:
Nassau County (Remainder of
County) : 26 . 66 13 . 50
---------------------------------------------------=------------
CARP0890H 07/01/1992
Rates Fringes
CARPENTERS :
Suffolk County:
Building and Residential 26 . 84 12 . 40
Heavy & Highway 26 . 89 12 . 40
----------------------------------------------------------------
CARP1456J 07/01/1992
Rates Fringes
DIVERS 32 . 05 13 . 50
DIVERS TENDERS 24 . 51 13 . 50
DOCKBUILDERS 26 . 66 13 . 50
PILEDRIVERMAN 26 . 66 13 . 50
SOFT FLOOR LAYERS 26 . 66 13 . 50
PAPERHANGERS 23 . 88 10. 48
=----------------------------------------------------------------
ELEC0025B 05/01/1992
Rates Fringes
ELECTRICIANS 29 . 35 14 . 89
NY930013 - 3
LINE CONSTRUCTION:
Lineman, Technician,
Heavy Equipment operator,
Truck Driver & Groundman 29 . 35 14 . 89
--------------------------------------
* ELECO025C 05/01/1992
Rates
ates Fringes
Wiring or single or multiple family
dwellings and apartments up to and
including 2 stories 19 . 60 8 . 37
Maintenance Unit 22 . 25 9 . 55
Telephone Unit 21. 42 10. 09
---------------------------------------------
ELEV0001B 07/01/1992
Rates Fringes
ELEVATOR CONSTRUCTORS 27 . 77 8 . 77+a
HELPER 20. 830 8 . 77+a
PROB. HELPER 13 . 885
FOOTNOTES :
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.
-----•- ------------------------
ENGI0138A 06/01/1992
BUILDING CONSTRUCTION Rates Fringes
GROUP 1 21 . 47 16. 04+a
GROUP 2 21 . 885 16. 04+a
GROUP 3 22 . 01 16 . 04+a
GROUP 4 22 . 035 16. 04+a
GROUP 5 22 . 13 16. 04+a
GROUP 6 22 . 26 16. 04+a
GROUP 7 22 . 385 16. 04+a
GROUP 8 22 . 55 16. 04+a
GROUP 9 22 . 635 16 . 04+a
GROUP 10 23 . 01 16 . 04+a
GROUP 11 23 . 06 16 . 04+a
GROUP 12 23 . 135 16. 04+a
GROUP 13 23 . 16 16 . 04+a
GROUP 14 23 . 33 16 . 04+a
GROUP 15 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
Level C 3 . 00
FOOTNOTE:
a. Paid Holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Christmas Day, Lincoln's
Birthday, Washington"s Birthday, Columbus Day, Election Day,
and Veterans Day.
BUILDING CONSTRUCTION CLASSIFICATIONS
GROUP 1 Fireman '
GROUP 2 Tower crane, oiler
GROUP 3 Mechanical compactors, hand operated; trench machine
GROUP 4 Oiler, stemp chipper
GROUP 5 Engineer
GROUP 6 Powerbuggies
GROUP 7 Bending machine, dinky locomotive, generator, small
pump, well point, vibrator, 1 to 5
GROUP 8 Hydra hanner, ridge cutter
GROUP 9 Concrete saw or cutter, mixer, 2 small with or without
skip, pump, up to 311 , tractor, caterpillar or wheel
GROUP 10 Bulldozer, used for excavation, fireman, loading
machine, powerbroom, scoop, carry all , scraper,
vac-all
GROUP 11 Striping machine
GROUP 12 Compressor, compresor, 2 or more in battery,
generator, mulch, machine, pin puller, portable
heaters, pump, 4 inches or over, track tamper,
welding machine
GROUP 13 Grader
NY930013 - 5
GROUP 14 Curb machine, asphalt or concrete; curing machine,
Pump, sumbersible, tower crane, maintenance man
GROUP 15 Roller, boiler, bulldozer_ , Compressor, on crane,
compressor, pile work, Compressor, stonesetting,
concrete breaker, conveyor, generator, pile
work, loading machine, front end, maintenance engineer
mechanical compactors, machine drawn, power winch
other than stone or steel., power winch, truck mounted,
not stone/steel, powerhouse, pulvi-mixer, Pump, double
action diaphragm, pump, gypsum, pump, hydraulic, pump
hydraulic, pump, jet; pump, single action 1 to 3,
welding and burning, welding machine, pile work
GROUP 16 Compressor, structural steel
GROUP 17 Forklift, walk behind, power operated
GROUP 18 Asphalt spreader
GROUP 19 Boom truck, Conveyor, multi, Crane, crawler or truck,
plant engineer, Stone spreader, self propelled
GROUP 20 Welding machine, structural steel
GROUP 21 Dredge
GROUP 22 Batching plant, on site of job, Power winch
stone or steel, Power winch, truck mounted, stone or
steel, Pump, concrete
GROUP 23 Forklift, Hoist, 1 drum, Interior hoist, Zamboni ice
machine
GROUP 24 Hoist, 2 drum, Hoist, 3 drum
GROUP 25 Backhoe, Dragline, Gradall. , Pile driver, Shovel
GROUP 26 Tank work
GROUP 27 CMI or maxim spreader, concrete spreader, Derrick,
Sideboom tractor, Trench machine
GROUP 28 Boom truck, setting structural steel/stone, Crane,
stone setting
GROUP 29 Scoop, carry all , scraper in tandem
GROUP 30 Sideboom tractor, used in tank work
GROUP 31 Tower crane, engineer
GROUP 32 Hoist, Tandem platform
GROUP 33 Lead engineer '
GROUP 34 Hoist, multiple platform
-----------------------------------------------------------------
ENGI0138B 06/01/1992
POWER EQUIPMENT OPERATORS Rates Fringes
HEAVY AND HIGHWAY CONSTRUCTION
GROUP 1 26 . 110 16 . 04 + a
GROUP 2 24 . 635 16. 04 + a
GROUP 3 24 . 380 16. 04 + a
GROUP 4 24 . 235 16. 04 + a
GROUP 5 24 . 225 16 . 04 + a
GROUP 6 24 . 010 16 . 04 + a
GROUP 7 23 . 985 16 . 04 + a
GROUP 8 23 . 950 16. 04 + a
GROUP 9 23 . 895 16 . 04 + a
NY930013 - 6
GROUP 10 23 . 845 16. 04 + a
GROUP 11 23 . 835 16. 04 + a
GROUP 12 23 . 735 16. 04 + a
GROUP 13 23 . 550 16. 04 + a
GROUP 14 23 . 510 16. 04 + a
GROUP 15 23 . 470 16. 04 + a
GROUP 16 23 . 430 16. 04 + a
GROUP 17 23 . 415 16. 04 + a
GROUP 18 23 . 375 16. 04 + a
GROUP 19 23 . 200 16. 04 + a
.GROUP 20 23 . 120 16. 04 + a
GROUP 21 22 . 825 16. 04 + a
GROUP 22 22 . 255 16. 04 + a
GROUP 23 22 . 110 16. 04 + a
GROUP 24 22 . 050 16. 04 + a
GROUP 25 21. 905 16. 04 + a
GROUP 26 21. 815 16. 04 + a
GROUP 27 21. 800 16. 04 + a
GROUP 28 21.795 16. 04 + a
GROUP 29 21. 760 16. 04 + a
GROUP 30 21. 585 16. 04 + a
NOTES:
Hazmat premiums:
Level A 1. 00
Level B 2 . 00
Level C 3 . 00
Truck and Crawler Cranes long boom premiums:
boom lengths (including jib) 100-149 ft . 50
boom lenghts (including jib) 150-249 ft . 75
boom lenghts (including jib) 250-349 ft 1. 00
boom lengths (including jib) 350 ft 1. 50
Cranes using clamshell buckets . 25
Front end loader 10 yds and above . 25
FOOTNOTE:
a. Paid Holidays: New Years Day, Memorial Day, Independence Day
Labor Day, Thanksgiving Day, Christmas Day, Lincoln's Birthday
Washington's Birthday, Columbus Day, Election Day and Veterans's
Day.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1 Lead Engineer
GROUP 2 Tower Crane, Engineer; Scoop (carry-all , scraper in
tandem)
GROUP 3 Dragline; Gradall ; shovel ; Road Paver; Pile Driver;
Crane, stone setting; Backhoe; Crane, structural steel
GROUP 4 Tank Work; Derrick; Sideboom Tractor (used in tank
work) ; Crane, on barge; Batching Plant (on site)
GROUP 5 Power Winch (stone setting/structural steel) ; Trench
Machine; Hoist (3 drum) ; Power Winch (truck mounted -
stone or steel)
GROUP 6 OMI or Maximum Spreader; Sideboom Tractor; Stone
NY930013 - 7
Spreader
self propelled) ; Asphalt Spreader; Conveyor
(multi) ; Crane, Crawler or Truck; Concrete Spreader;
Boring Machine (other than post holes) ; Boom Truck;
Plant Engineer yards)
(w/bucket more than 10 y )
GROUP 7 Loading machine
GROUP 8 Boring Machine (post holes) stone
GROUP 9 Welding Machine (structural steel) ; Compressor
setting) ; Compressor (structural steel)
GROUP 10 Dredge
GROUP 11 Work BoatMachine
GROUP 12 Generator (pile work) ; Hooi;�t (2 drum) ; Loading
(front end) ; Comrpessor (pile work) ; Powerhouse; Power
Winch (truck mount other( Cher thanestone/saeel)Machine
(pile work) ; Power Winch
compressor (on crane)
GROUP 13 Mechanical Compactors (machine drawn) ; Roller (5 ton and
over)
GROUP 14 Boiler
GROUP 15 Pump (concrete)
GROUP 16 Compressor (2 or more in battery)
GROUP 17 Grader; Milling Machine (large) ; Milling Machine (small)
GROUP 18 Portable Heaters
pum well point) ; Vac-All ; Maintenance
GROUP 19 Hoist (1 drum) , P ( 4 inches
Engineer; conveyor; Welding and Bruning;
pPulvi-
or over) ; Loading Machine; Pum (hydraulic) ;
Mixer; Pump (jet) ; fork Lift; tower Crane, Maintenance
Man; Scoop (carry-all scraper) ; Concrete Finishing
submersibile) ; Curing Machine; Curb
Machine; Pump ( 5 ton and under) ;
Machine, Asphalt or Concrete; roller
Dinky Locomotive; Fireman; Bulldozer
GROUP 20 Powerboom pum double action
sin le action 1 to 3) , P
GROUP 21 Pump ( g sum Welding
diaphragm) ; Mulch Machine; Pump (gypsum)
Machine; Pin Puller; Striping Machine; Compressor
GROUP 22 Powerboom e Cutter; t4ixer (with skip) ; Hydra
(
GROUP 23 Power Grinders ; Ridge ower operated) ;
Hammer; Fork Lift (walk behind, p
Concrete Saw or Cutter; Concrete Breaker;BugMixer bag
iesMixer (
or over with or without skip) ; Power Bugg
small with or without skip)
GROUP. 24_Oiler, on truck crane w/over 100 ft boom
GROUP 25 Vibrator, 1 to 5
GROUP 26 In-Shop Rate, mechanicer;
GROUP 2'7 Grinder; Oiler; Deck Hand; Root Cutter; Stump Chopper
Track Tamper (2 engineers - each) ; Tower Crane,
GROUP 28 Generator (small)
actors (hand operated) ; Trench Machine
GROUPGROUP 29 MechanicaalenCdonP Machine ; Pump (centrifugal - up
(hand) ; 9
inches)
GROUP 30 Tractor (Caterpillar or Wheel)---------------------_----
------
-----------------
IRON0040A 07/01/1992 Rates Fringes
NY930013 - 8
NASSAU COUNTY
IRONWORKERS (STRUCTURAL) 24 , 00 25. 78
-------------------------------------
IRON0046C 07/01/1992
Rates Fringes
IRONWORKERS (METALLIC LATHERS) 32 . 42 7 . 59
-------------------------------------------
IRON0197A 01/01/1993
Rates Fringes
IRONWORKERS (STONE DERRICKMAN) 27 . 33 18. 18
-------------------------------------------------
IRON0361A 07/01/1992
SUFFOLK COUNTY Rates Fringes
IRONWORKERS (STRUCTURAL) 24 . 00 25,78
----------------------------------------------------
IRON0580A 07/01/1992
Rates Fringes
IRONWORKERS (ORNAMENTAL) 24 . 60 19 .55
* LAB00066A 01/01/1993
LABORERS: Rates Fringes
BUILDING
Laborers 21. 40 9 , 83
Plasterers tenders 20. 50 6. 10
-------------------------------•------------------------------
LABO1298P 07/01/1992
HEAVY & HIGHWAY: Rates Fringes
Concrete & asphalt rakers
Asphalt workers & roller workers ;
asphalt top shovelers & smoothers ;
asphalt tampers 20. 72 260+4 . 35+a
Jackhammers and drill men;
carpenter's tenders ; pipe
joiners and setters ; concrete
laborers (structures) ; stone
spereading laborers; yard laborers
puddlers on concrete pavement;
asphalt plant (batcher & hoppermen) ;
all other wnskilled laborers (other
than above on concrete) 18 . 73 260+4 . 35+a
FOOTNOTE:
NY930013 - 9
a. New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, Martin Luther King, Jr.
Birthday, Washington"s Birthday, Columbus 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 20 . 68 11. 60
Spraying, scaffold or rolling
scaffold over 18 feet 23 . 15 11. 60
Sandblasting; structural steel 28 . 26 11. 60
Repaint of hospitals, schools
and apartment houses 18 . 09 10. 59
---------•-----------------------------
PLAS000jX 05/01/1991
Rates Fringes
PLASTERERS 14 . 75
5. 00
------------------------
PLUM0200A 06/01/1992
Rates Fringes
PLUMBERS 29 . 37 11. 01
------------------------------------------
* PLUM0638A 12/30/1992
Rates Fringes
STEAMFITTERS 28 . 55 16. 79
--------------------------------------------
ROOF0154A 10/01/1992
Rates Fringes
ROOFERS 21 . 89 10. 78
--------------•----------------------------
SFNY0638A 12/27/1989
Rates Fringes
SPRINKLER FITTERS $26 . 30 $8 . 90
-------------------------------------------
NY930013 - 1.0
SHEE0028B 02/01/1990
Rates Fringes
SHEET METAL WORKERS 27 . 58 10. 288+.33
-----------------------•---------------------------=-
TEAM0282I 07/01/1992
TRUCK DRIVERS: Rates Fringes
BUILDING:
Asphalt 18 . 74 11. 2825+a+b
High Rise 21 . 90 12 .71+a+b
HEAVY:
Euclids & turnapulls 22 . 495 12 . 76+a+b
FOOTNOTES:
a. Paid Holiday: Employees employed on December 24 and December
31 who report for work on such days shall be paid afternoon
holiday pay of four hours each day. Paid Holidays shall be
included for purposes of Vacation Credit. '-
For each 15 days worked with the contract year an employee
will receive one day vacation with pay, maximum vacation of 3
weeks per year. In addition, an employee who qualifies for
two weeks (10 days) vacation or- more with pay and who has
been continuously employed by his employer for six years
before the close of any contract year, shall be entitled to
one extra day vacation; seven years before the close of any
contract year, shall be entitled to two extra days vacation;
eight years before the close of any contract year, shall be
entitled to three extra day vacation; nine years before the
close of any contract year, shall be entitled to four extra
day vaction; ten years before the close of any contract year
, or over shall be entitled to thred weeks paid vacation with
pay; but in no event shall any employee be entitled to more
than three weeks vacation pay per year.
----------------------------------------------------------------
WELDERS : Receive rate prescribed for craft performing operation
to which welding is incidental dores.
----------------------------------------------------------------
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only
as provided in the labor standards contract clauses (29 CFR
5. 5 (a) 1 (ii) ) .
END OF GENERAL DECISION
NY930013 - 11
U.S. DEPARTMENT Of LABOR
WAGE AND HOUR DIVISION
INSTRUCTIONS FOR COMPLETING PAYROLL FOAM, WN-341
General: The use of WH.347. payroll form, is not mandatory. This form has been made available for the con- FRINGE BENEFITS — Contrect-irs who pav all required fringe benefits: A contractor who pays fringe bendlts
venience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts to approved plans, funds, or programs in amounts not less than were determined in the applicable rage decision
and subcontracts to submit weekly payroll. Properly filled out, this form will satisfy the requirements of Rego. of the Secretary of Labor shall continue to show on the lace of the payroll the bask cash hourly rate and over-
lations. Parts 3 and S (99 CFR, Subtitle A),as las payrolls submitted In connection with contracts subject to the time rate paid to his employes just as he has always done. Such a contractor shall check paragraph 4(a)of the
statement on the reverse of the payroll to indicate that he is also plying to approved plant,funds,or programs
Davis-Bacon and related Acts.
not leg than the amount predetermined as fringe bandits for each craft. Any exceptions shall be noted in Section
This form meets needs resulting from the amendment of the Davis-Bacon Act to Include fringe benefits provisions. 4(c).
Under this amended law, the contractor Is required to pay not less than fringe benefits as predetermined by the
Department of Labor, in addition to payment nut less than the predetermined rats. The contractor's obligation Cert i ora who pay no fringe benefits: l contractor who pays no fringe benefits shall pay Me employs,and
d
to pay fringe benefits may be met either by payment of the flings to the various plans.funds,or programs or insert o the straight lime hourly rase column of the payroll,■n amount not less than the predetermined rale for •
each classification plus the amount of fringe benefits determined for each classification in the applicable rage de-
by making Nese payments to the employes as cash in Ileo 49 faunas.
cision. Inasmuch as it is not necessary to pay time and a half on cash paid In lieu of fringes. the overtime rate
This payroll provides for the contractor's showing on the fact of the payroll all monis paid to the employees. shall be not less than the sum o/the bask predetermined rate,plus the half time premium on basic or regular rale,
whether as basic cats or as cash In two of(rings and provides for the contractor's representation In the sate- plus the required cash in lieu of fringes at the straight time rate. In addition,the contractor shall cheek paragraph
ment of compliance on the rear of the payroll that he Is paying to others(rings required by the contract and not 4(b) of the statement on the reverse of the payroll to indicale that he is paying fringe benefits In cash directly to
paid as cash in lieu of fringes. Detailed In iructtons concerning the preparation of the payroll follow: his employes. Any exceptions shall be noted in Section 4(c).
Use of Stolon 4(c).Exceptions
Contractor lir Subcontractor: Fill In your firm's name and check appropriate box. Any contractor who is making payment to approved plans,funds,or programa to amounts Ise them the rage
determination requires is obliged to pay the deficiency directly to the employes as Cash In lieu Of Ittnga Any
Address: FII( In your firm's address. exceptions to Saelloo 4(a) or 4(b), whichever the contractor may check.shall be ant" In Section 4(c). Enter In
the Exception column tht craft.and enter In the Explanation column the hourly amount paid the employs me cash
Column 1 • Name. Address. and Sixial Seevrity number of Employee: The employee's full name must be shorn in Ila of fringes and the hourly amount paid to plans,funds,or programs as fringes. The contractor shall pay.
on each weekly payroll submitted The employee's address must also be shorn on the payroll covering the first and shall show that he Is paying to each such employee for all hours(unless otherwise provided by applicable
week In which the employee works on the project The address need not be shorn on subsequent weekly payrolls determination) worked on Federal or Federally assisted project an amount not Iters than the predetermined rate
unless his address change Although not required by Regulations. Parts 3 and S.space is available in the name plus cash to IW of fringes as shown in Section 4(c). The rate paid and amount of cash paid to lku of fringe
benefits per hour should be entered In column 6 on the payroll. See paragraph on'Contractors who pay so fringe
and address section so that Social Security numbers may be listed.
bandits'for computation of overtime Mt
Column 9 - Withholding F:xempituns: This culumn is merely laserted for the employer's convenience and is not Column 7 - Gross Amount Earned: Filer gross amount earned on this project. it part of the employees'weekly
a requirement of Regulations,Parts 3 end S. wage was earned on projects other than the project described on this payroll,enter In column 7 first the amount
earned on the Federal or.Federally ma►isled project and then the gross amount tamed during the reek on all
Column 3 - Work Classifications: List classification descriptive of work actually performed by employers. Con projects,thus 163.00/190.00.
gull closetncatiuns and minimum rage schedule set foto In Contract specifications. If additional classifications are Column It - DeduatiunR: Five columns are provided for shoring deductions made. 11 more than five deductions
deemed necessary. sat Contracting officer lir Agency representative Employee may be shown as having worked should be involved, use first 4 columns:show the balance of deductions under 'Other' column; show actual total
•in mon than one classification provided accurate breakdown of hours•o worked is maintained and shorn on under 'Total Deductions' column. and In the attachment to the payroll describe the deductions contained In the
submitted payroll by use of separate line entries. 'Other' column. All deductions must be in accordance with the provisions of the Copeland Act Regulations,99
CFR, Pan 3. If the employee worked on other jobs In addition to this project,show actual deductions from his
Column 4 - Hours Worked: On all contracts subject to the Contract Work Hours Standards Act enter as over weekly gross rage.but indicate that deductions are booed on his Bros wags.
limit hours all hours worked in mesa$of 6 boon per day and 40 hours • week.
Column 9-Nei Wages Paid for Week: Self-explanatory.
Column S-Total: Self-explanatory.
Tools -Space has been Idt at the bosom of the columns go that tads may be shorn 11 the contractor to desire
Column 6 Rate of Pry, including Fringe Benefits: In straight time boa,list actual hourly rate paid the employs
for straight time worked plus any cash in lieu of fringes-paid the employee When recording the straight time Statement Required by Reruiations. Pans 3 end S: While this form need not be notarised,the statement on the
hourly rate, any cash paid In lieu of fringes may be shown separately from the bask rate. thus 13.95/.40. This back of the payroll is subject to the penalties provided by 18 USC 1001, namely.possible imprisonment for S
is nif assistance in correctly computing overtime See*Fringe Benefits' below. In overtime boa shut overtime hourly years or (10.000.00 fine lir both. Accordingly.the party signing this rquired statement should have knowledge
rate pad, plus any cash in lieu of(rings pad the employee. See 'Fringe Benefits' below. Payment of not less of the facts represented as true
than time and one half the book lir regular rate paid is required fur overtime under the Contract Work Hours
SpaceStandards Act of 1969 In addition to paying not less than the predetermined rate for the classification Ir which deductions
has been provided atly described items 111 end ed ct lht statement for describing any eductions made. 11 all
the employee wurks, the conlractur shall pay to approved plans.funds, or programs lir shall pay as cash in lieu deductions made are adequately ERIN in the BENEFITS'
column above,state 'See Deductions column g this
of fringes amounts predetermined me fringe benents In the wage decision made port d the contract See'FRINGE payroll' Set paragraph entitled 'FRINGE BENEFITS' •bout log Instructions concerning filling out paragraph
4 of the statement-
DEN LFITS'
tutmeneDENLFITS' beluw.
Form WH 347 Inst (1/681
PAYROLL F°�Ae►'°"'`
U.S.DEPARTMENT Of LABOR B°dgd °ntt N°.44-1111093
WAG AND HWII DIVISION
(for Contraclor't Optional UtB;SO*IntlrucNoR,form WH•347 Inst.
ADDRESS
NAME Or CONTRACTOR Lj On SUBCONTRACTOR
PAYROLL NO. FOR WED'ENDING
PRO)ECT AND LOCAUON PRO)ECT OR CONTRACT NO
111 211 171 111 DAY AND DATE ISI IBI 171
IBI IBI
„ DEDUCTIONS NET
GR067 WAGES
NAM[.ADDRESS.AND WORK p TOTAL RATE AMOUNT W.TN TOTAL -PAID
SOCIM.4ECURITY NUMBER [j r�55!/IUTION - NOIJRS O/PAY FICA
NOLo.'a OTHtA DEDU POR WEE%
OF EMPLOYE[ glib rI1RNED
O HOURS WORKED EACH DAY iM
O
S
1
D
S
O
5
O
s
0
S
06
•
0
s
O
s
O
6
/ORr WN.U,DIStJ-rc*mmY sm W-PURCHASE THIS FORM DIRECTLY FROM THE SUPT.OF DOCUMENTS
Date In the contract have bees of will be made to appropriate programa for the
besdll Of such 41111311407499,=Copt oa soled Is Section d(c) below.
1,
(Nur of Asnalsrr Parry; (Tier) (b) WHERE FRINGE BENEFITS ARE PAID IN CASH
de hereby elate:
Q—Each laborer or mechanic listed Is the above referenced payroll has been
paid, as Indicated on the payroll, so amoral not INs Wan the sum of the
(1) Thai 1 pay at supervise the payment of the persons employed by applicable basic hourly wags rale plus the amount of the required fringe
benefits as listed In the contract,acept as soled to Section d(e)below.
(Coatraefor at albrestreaort on the
(Building erw ► (e)EXCEPTIONS '
that during the payroll period Commencing an We
day of 19_.,and ending the_day of ,lg EXCEPTION jCKAFq EXPLANATION
Oil persona employed on said project have been paid the full weekly wages earned.that so rebate •
have been or will be made either directly or Indirectly to or on behall of Bald
(Ceaateerr ar"licontraaer) from We MB
wedkly wages earned by any person and that so deductions have bees made ether directly or
Indirectly from the full waste earned by any person. ether than permissible deductions as defined
In Regulations, Part 2(29 CFR Subtitle A),Issued by the Beat"of Labor ander the Copeland
Act, "amended(48 Stat 948,83 Stat 108,72 Stat 987;78 Slat 567;40 U.S.C. 276o),and den.
cribed below:
(2) 73,1 any payrolls ocontracte nyder this contract rpulnd In M Submitted for the above REMARKS
period are correct and complete; that We wage rain for laboren or mechanics contained therde
are not leu than the applicable wage miss contained Is any wags determination Incorporated Isle
the contract;that the classifications ad forth therein for each laborer or mechanic conform with Ss
work he pedormed
(S) That any apprentice employed is the above period are duly registered to a bow Ad*
apprenticeship program registered with a &ate apprenticeship agency recognized by the Bursas
of Apprenticeship and Training, United Stales Department of Labor,or Y so mch Be gshed
agency also in a State, are ngletard with the Bureau of Apprenticeship and Training,United
States Department of Labor.
(4) That:
NAME AND Tint SIONATUR[
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS,
OR PROGRAMS
THE WILFUL FALSIFICATION Of ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR
to addition to the basic hourly wage rata paid to each laborer or mechask QR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. $EE SECTION 1001 Of Ting Is AND
listed In the above rdefenead payroll, payments of fringe beneflta u Baled •ECf1ON 231 OF TITLE aI Of THE UNITED STAT"CODE.
ere Ma—N--elUf-1 YfyM
U. S. D�r_rn 4M-Ef iI or Lnaon--- - I AIONTIILY FMt'I_li`/'VIFNT --- 1 rnvlltFunlrrnlSMsnnlirnl - triniiii6ii i:iini. + nrrn„ru,r.rr ,n,•.
Employment Slnndards AtIminislrntinn,OFCCP IrTILt7.A110N rtmmT
MINOf111 Y: r HOW
Tliis repnit if requrrwt Gy F>teenlive Order I TM,Sroe. 2'tl�. aihrre to rapurl ran resuli rn coilirarls Finn,p 7 FMI'I.IIYf IIS.IT Nrl
1 eancellr<I,ferminated or snstrenrled In whale of in proof and the conlracim may be declarod Inaligihly Int
further("or►rnmenlcnretractsollederallyrossietedconstructlonconlrar1s. FEMALE: TO:
-- .—.. __ .- .. - - - _.
IIAI
NAME AND LOCATION OF CONmACTOII 1 f Il
f11NI)IN(-.
Arl NCY
5. 6. WORK IIOURS OF EMPLOYMENT (Federal& Non-fedetal)
-- ------ --- ---- - ------ - --- ----- - - --- 101AI-
fia. If. - TOTAL
TOTAL ALL IILACK ASIAN Oil AMMICAN NUMACR OF NIIMIIFn OF
CONSTRUCTIONINu1nN MIN1)1111 Y
• EMPLOYEES (Nal rel IIISPANIC PACIFIC MINORITY FEMALE EMPLOYEES
TRADE classification$ BY TFiADE iiisp:nrictit igloo) ISLANDERS Oil PEFICENTAGE PEf1t.ENTAGE FMPIOYFFS
ALASKAN
NATIVE
M F IM �._F M -F M — F- M F M f M I r—
.Iolrrncy worker
APPRENTICE
TRAINEE
SUB-TOTAL
.Iornney worker _
APPRENTICE I
TRAINEE
SUBTOTAL
Journr'Y workrt
APPRENTICE
TRAINEE 1
SUB-TOTAL
Jorrtney worker
APPRENTICE I
TRAINEE . .... _.
SUB-TOTAL
.tourney wnrker
APPRENTICE
TRAINEE
SU13-TOTAL L-
l'
TOTAL.IOURNEY WORKERS
I
TOTAL APPRENTICES
TOTAL TRAINEES
GRAND TOTAL
11.COMPANY OFFICIAL'S SIGNATI.IRE AND TITLE 1).. TF1-EPtIONF NUMBFII (Include area erode) 1J.DATE SI("NFU PAGE
OF
OMSAPPROVAJ.NO.4411139r, fft11M CC 7./ Illnv gl7111
INSTRUCTIONS-FOR FILING MONTHLY EMPLO'YMSENT UTILIZATION REPORT (CC-257)
The Month) Utilization R ,
Y sport is to be completed by 'lest!► 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. Government agenev aligned resoonsibifit for
Yequal employ.
. Ment opportunity. (Secure this information from the. contracting
Officer,)
Federal Funding Agency .. . . . . .US. Government acency funding protect (in whole or in
. . . . . . . . . . . . . . . . . . . . . . part). If
more than one agency, ;irt all.
Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Any contraQdr who has a construction contract With the US.Gov
ernment or a contract funded in whole or*in part with Federal
funs.
Minorrty . . . . . . . . . . . . . . . . . . . . . . . . .Includes 3laexs. Hispanics, American Indians. Alaskan Natives, and
Asian and Peofic Islanders-001h men and women.
T. Covered Area . . . . . . . . . . . . . .. . . . . . . . . . . . . . .Geogracnrc area identified in Notice required under 41
• _ . . . . . CFR 60_4.�.1
2 Empiovar's ids rttification Number . . . , , , , , , , , , , ,Federal Social Security Number used on Em aver's Qwrterl
Fed-
oral Tax Return(US.Treasury Department Form 941).
1 Current Goals(Minonty& Ftmatel . . . . . . . . . . . . . . . . . . ..See corrtsac:Notification.
4. Reporting Period ..•. . .:-:: .. . . . . . .
. . . . . . . . . . . . . . .Monthly, Of as diratStd by Te compliante agency, beginning with
the effe¢fve date of the contract
S. Consvuction Ti . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .Only those construeston crafts which contractor emolovs in the
covered area.
6. Work:Mours of Employment(") , , , , , , , , , , , , , a The total number of male nours and the total numoer of female
hours worked by emproyees in each clasuficatlon,
b.-e. The total number of mel* hours and the total number of
fermate hours worked by each specified grouo Of (minority ermpiovem
on each QassUication.
Ctaaificetion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . .The level of adcOmolnhment or status of the worxer .n the trace
(Journey Worker,Aocrantics,Trainee)
7. Minority Percentage . . . . : . . . . . . . . . . . . . . . . . . . . . . . . .The partantaoe of total )minority work-hours of all work-hours Itne
sum of courmns 6b. 6c, 5d. and 6e 0tv004d by column 6s;lust one
figure for each construction tradel.
8. Female Percentage . . . . . . . . . . . . . .For each trace the numper reported in 6s. F divvyed by the sum of
the numoen recor"a in as. M ono P.
S. Total Number of Employes . . . . . . . •Total number of mase and total number of female emolovees work-
ing in ocl Claaafication of earn trade in the contractor's aggregate
work force during reporting porioc.
10. Total Number Of Minority Employes . . . . . . . . . . . •Total number of male minority employees and rota) number of
female minority emciovees Working in each classification in seen
trade in the contractor's aggregate work force curing reporting
period.
t
t t • •
• 6500.3
r'xbtbit 1
PRMM'SMMTIOb CEECI=ST FOR CONi'RICTORS: DYING
TABM ST1RDI COhMUCT RV9MMU iTg
I. NTEMUCTICN. The following checklist has been prepared to assist
contractors and subcontractors in meeting contractual labor standards
responsibilities. Lll cajor administrative and procedural activities
have beet covered in the sequence they will occur as the construction
protect proceeds. Careful attention to and use of the checklist should
result in a mi++t=* ==bar of problems with respect to labor standards.
II. ELAHITORT ROTES. The word "employer" as used below refers to the
Project contractor, each subcontractor, or each lover-tier subcontractor.
Payrolls sad other docuoentary evidence of codpliance (r:arked with
(asterisk) are required to be sent to the recipient for review (all to
be submitted through the project contractor). The delivery procedure is
as follows:
1. Each lower-tier subcontractor, after careful review, submits required
documents to the respective subcontractor.
B. Each subcontractor_ after checking his own and those of each lower-
tier subcontractor be may have, submits required documents to the
ocatractor.
C. The contractor, after reviewing all payrolls and other documentation,
including his own, and correcting violations where necessary, submits
all to the recipient.
111 employers should check each of the following statements as being
true. If any statement is not true, the contractor or his representative
WiDmea.D.C.
Page 1 of 14 9/75
6500.3
faibiit 1 �.
2*
should contact the recipient for special guidance.
M. MWM C08b`i'g=Cff tMINS E= McLOM Hist
A. Bot been debarred or otherwise made ineligible to partici-
pate in ant Pederal or Pedsraly-assisted project.
B. Received &VMPriate contract provisions covering labor
• standards requirements. .
C. Reviewed and understands all labor standards contract
Provisions.
D. Received the nage decision AN pert of the contract.
Z. Requested thrower the recipient and received then+��*�
wags for each classification to be vozkod on the project
which was not included an the wage decision * the additional
classification process and before allowing any such trade(s)
to work on the project.
• 1�. Requested and received certification of his apprentice pro-
� from the State's Bureau of Apprenticeship and Training
oognized by USM)
and submitted copt thereof to the recipient prior to eaploT-
ment on the Project. Likewise, '!trainee" program oertifi-
cat.ion from II. S. B. A. T. if applicable, must be submitted.
• MUDMOA or-
9/75
C.9/75 Paqe 2 of 14
6500.3
�.� }cubit
RUM
QZ,
3.
17. AT CONSM TION START THE CONTRACTM ELS:
•
A. Notified recipient of construction start date iz writing.
B. Ban placed each of the following on a bulletin board prominently
located an the project site which can be seen easily by the
vorkers (and replaced if lost or ==va able any time during
construction):
Vage Decision
Notice to Employees (WE[ 1321)
Safety and Health Protection on the Job (DO--)
C. Before assigning each project worker to work, has obtained
worker's name, best mailing add-ress, and Social Security
Number (for payroll purposes).
• D. Has obtained a copy of each app^entice's certificate with the
r rtst
apprentice's registration ==ber and his year of apprentice-
ship from the State BLT.
Z. Has informed each worker of:
1. his work classification (Jaarneyman or job title) as it
rill appear an tbs payroll.
t
MUCAn►.DX-
,C page 3 of 14 9/75
6500.3
mit 1
:cs
2. his duties of vork. —
• 3. the V. S. Department of Labor's requirement oa this
project that he is either a jcustneyhane apprentice,
or laborer -
If journeyman, he is to be paid jaurneyman's
vage rate or more;
If apprentice, he is to be paid not less than
the apprentice's rate for the trade based an
his year of apprenticeship; or
If laborer, he is to do laborer's vork only-
not use aa, tool or tools of the trade - and
not perfoa am part of a journeyman's voik
and is to be paid the laborer's rags
rate or more.
!. Understands the requirements that each
laborer or med?aaic vho performs work an the project in
mors than one classification vitbin the sass work week
shall be classified and pair at the highest vags rate
applicable to any of the work vhich he performs valess
the following requirements are met:
1. Accurate daily time records aball be maintained. These
records must ahoy the time vorked,in each classifica-
tion and the rate of pay for each classification, and
must be signed by the workman.
Jwff".D.C.
9/75 Page 4 of 14
%moo, 6500.3
- Dduhit 1
5.
2. The payroll ahall show the houro worked In sac!:
classification and the wage rate paid for each
classification.
3. The payroll shall be signed by the vori;man,or a
signed copy of the daily time record a�-1 1 be attached
thereto.
G. Has informed each worker of his hcirly wages
not less than the mini-- wage rate for his vork which is
stated In the Wage Decision).
I. time and a half for all work over 8 hours any day
or over 40 hours any work week (see Contract work
Hours Safety Standards Act).
`✓ 2. ixinge benefits, if say (see Vag* Decision for any
required).
3. deductions from his M.
H. Has intoned each worker that he is subject
to being interviewed an the fob by the recipient or a HUD,
Department of Labor, or other U. S. Government inspector,
to confirm that his employer is complying with all labor
requirements.
I. Has informed each Journeyman and each
apprentice that a Journeymen must be on the job at all
c
times when aA apprentice is working,
V. DUBII4G ccaasTaar,�Tlcff
A. Each foyer:
1. has not selected, assigned, paid dif_ereat pay rates
to, transferred, upgraded, demoted, laid oft, nor ,
MU 0.544.O.C.
-_..
Page 5 of 14 9PS
6500.3
• v
/r-
• - 6.
dismissed MY project worker because of race,
color, religion, sex, or national origin. _
2. has employed all registered apprentices referred to
him through normal channels up to the applicable
ratio of apprentices to jair eyman in each trade
used by the employer.
3• will naiatain basic employ^.Bnt records accessible
to inspection by the recap:ant or U. S. Government
representatives.
4. is cooplying with all health and Safety standards.
5. ban paid all workers weekly.
* 6. has submitted weekly payro+la.
a. prepared an recommended Pbrm WE-347: _
Available from -
"' Superintendent of Documents
Government Printitg Office
Washington, D. C. 20402
Contreotors who wish to purchase the forms shall
be urged to eater their orders Promptly because the
Superintendent of Documents takes six weeks to Pill
orders. It ie Permissible for contractors to
reproduce the forme if they wish.
Same employers place all project workers an Payroll
Form WE 347.• The recipient does not review those
Project workers listed on the payroll who perform
work which is descriptive of W of the following
job titles which are exempt from labor requirements:
Muas..i.oc.• `..
9/75 Page 6 of 14
-saw' 6500.3
7.
project superiatendea't
project engineer
supervisory foreman
(less than 20% of time as a working foreman)
messenger -_
clerical worlcers
timekeepers
payroll clerks
bookkeepers
Ary alternate payroll form used should be cleared
vith MM before employer starts work on project. A
protect printout by ccgmter, for example, is
acceptable provided all data shown and required an
the front and back of Payroll Form Y8-347 is on, or
Included With, payroll submitted to recipient.
b. Pront Pegs of P
e,yroll (Form WE-347)
Reading (6 "blocke" of information)
1) Name of maolovsr. Baine of employer is stated,
Shoving whether contractor or subcontractor. _
2) Address. Street address or P. 0. Bax, City,
State, and Zip Code of Zb:;loyer is stated. _
3) Peproll Humber. Each weekly Payroll is numbered
in sequential order (starting with Payroll No.
If employer's workers perform no physical
work on the project during work week, he bas
submitted a "no womko litter for that vork
week.
`
HONG",Dr-
Page 7 of 14 9/75
6500.3
�t 11
8.
Payroll of employer's final work week on
the project (completion of his wort) is
marked "Final".
4) FOS Week. Eadirc. The last date of thw work
week is stated in this "block".
5) Project and Location. Sams of project and
city in which located is stated.
6) Column 1 - Worker's Fame, as it appears on
his pay check, is stated.
Workers'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 now 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 Exem tions is
for employer's convenience - not required by
HUD to be completed.
8) Column 3 - The Work Classification (job
Muo.e•.►.o.c.
9/75 Page 8 of 14 �...
6500.3
F.�dzi.kait 1
9•
title) for the worker is inched ii the
Wage Decision and denotes the work that
worker actually performed.
Note: I. the applicable clusification
is not included i the Wage Decision,
contractor should call the recipient
immediately, and request classifica-
tion by Additional Classificatic=.
Apprentice. If worker is an apprentice,
his State PAT registration nu=ber and year
of apprenticeship is included in this
column the first time the apprentice's
name appears an the payroll.
Split Classification. If worker has per-
formed more than one class of work during
the work week, such as carpenter ar3 laborer,
the division of work will be shown an
separate lines of the payroll.
Accurate dail7 time records show the
exact hours of work perfo=ed d_ily in
each class of vork, and are signed by
the affected workman.
1UOs40k.O.C.
�`� Page 9 of 14 9/75
6500.3
xhibit1
10.
Trach class of work be perfoaed is
stated in Colina I in separate "blocks".
Rio rams is repeated in corresponcir-
"blocks" in Colin 1.
The breakdown of hours vorked daily under
each work classification is stated in
Column 4, and total for week in Colin 5.
The applicable wage rate for each classi-
fication of work is stated in Column 6.
The payroll is signed by the worlc...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 alms— wage
rate of all of the classes of work pox-
foxaed for all hours worked.
Rotes:
Average Pas of 'wo Classes of Work Not Lcoeated.
The egloyer shall not pay a "semi-jou=ey-ten" or
semi-skilled laborer the average of jou=eyman's
and laborer's rates. The actual bourn each worker
uses tools of trade (journeyman) and each hour be
does not use tools of the trade (labo_er) curt be
MUDMeskv D.C.
9/75 Page 10 of 14
6500.3
ExhIbLt
11.
recorded in separate "blocks" in Column 3 of
the payroll.
fie':tter. The work classification of "helper"
is not accepted by the Department of fid, un-
less included in the Wage Decision issued by
the Secretary of Labor for the project. Any
ez;loyee listed as "helper" in absence of
such classification in Wage Decision must be
paid the joumeyman's rate for hours he uses
tools of the trade.
9) Colum h - Hours Worked. Each Day and Date for
w� work week are stated.
" Overtime Eou_-s (110"), if any, are stated
separately from straight hours ("S") - over
:8 hours any day or over 40 hours any work
week.
10) Colu= 5 - Total Hours worked during the work
week are stated (the sum of subcolumns in Column
4) - straight and overtime hours recorded
separately.
11) Colum 6 - Rate of Pay, not less than the
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 0f pay (Contract Work flours
1LJD-reek.O.C.
': Page 32 of 14 9/75
65003
12,
Safety Standards Act).
Apprentices. If a copy of the apprentice's
registration certificate from the State W
has not been submitted to recipient by employer
(through contractor), apprentice coat be paid
3ouzueymm's rate.
Piece Worker. Piece work must be stated in
Colu= 6 at an hourly rate, the gross pay for
the work week (work o' the project) divided by
the total number of hours vomkod on the project
during the Mork week.
Column 7 - Gross lsount Earned equals straight
".:. hours shown in Column 5 times straight rate of
pq shown in Colin 6. plus overtime hours (if
WO shorn is Colin 5 times overtime rate of
pay shown in Colum 6.
12) Column 8 - Deductions.. Each deduction made is
required by lav,
voluntarily authorized by the worker in
writing before the wc=k week began, or
provided in a bargaining agreement to bs
deducted from to respective worker's.pay.
13) Column 9 - Bet Mases stated are Column 7 minus
total deductions sham in Column 8.
HLO-We v D.C.
9/75 Page 12 of 14 �'
6500.3
whit 1
13.
c. Back of Pa�-roll (F'o= WE-347)
1) Each Employer has:
completed all blank spaces and understands
the penalties for falsifi;ation.
checked Iter 4 if fringe benefits are in-
eluded in the Wage Decision for any of his
workers -
4(a) - if fringe benefits are paid to
a;proved fund(s), or
4(b) - paid directly to each affected
vorker - inclu!ed in pay check for
J , the•vozk week - his paycheck repre-
sent!ng at least the pay of the appli-
cable i,-Jn4imun wage rate plus the
amount of required fringe benefits.
manually signed the payroll in the "block"
marked signature, and stated his title.
The person who signed the payroll is the
employer or an official of the employer who
legally is authorized to act for the employer.
d. Weekly Payroll Review. Each employer has promptly:
reviewed the weekly payroll for compliance with
all labor requirements (using this check list)
MR70AGA.O.C.
Page 13 of 14 9/75
6500.3
Ddnhit 1
14.
and made necessary corrections.
Each Lower-tier Subcontractor has submitted
his V*ekly pill or "no work" letter to
the respective subcontractor for the sub-
contractor to have received within 3 calendar
days from the last date of the work week.
Each Subcontractor has received a payroll or
"ao work" letter from each of his lower-tier
subcontractors, reviewed each and his own
payroll, required necessary corrections, and
submitted all of such payrolls to the con-
tractor to have received within 5 caleadar
days from the last date of the work week.
Contractor has received a payroll of ,no
work" letter from each subcontractor and
each lover tier subcontractor, monitored
each including his ova payroll, required
necessary corrections, and collectively
submitted them to the recipient within
7 work days of the last date of the
respective work week.
YI. APM PROJECT CONPLWIOR
Each Employer will:
keep ail weekly payrolls an the project for 3 years after the
contractor's pr0Ject completion date.
9/75 "Nuak,D.C.
Page 14 of 14
CONTRACTING OPPORTUNITIES FOR MINORITIES AND FEMALES
NAME OF PROJECT:
PROJECT NUMBER:
MUNICIPALITY•
COMPANY NAME:
ADDRESS:
TOWN, STATE, ZIP:
SIGNATURE:
TITLE: DATE:
PERIOD OF CONSTRUCTION: FROM TO:
month year month/year
Is your company minority or female owned? yes=1 no 1
Is your company subcontracting any part of this contract, to a minority or
female owned business? yes L;1 no r—)
If you answered yes to either question above, please check each box that applies
to your company:
Ma 1 e (l Fema l e M
Black. C7 Hispanic L+
Native American other specify
Amount of Contract $
Check each box that applies to your sub-contractor
male M female
black M Hispanic ]�
Native American ]j other specify
Amount of Subcontract $
Contractor I.D. #
Sub-contractor I.D. #
N
Federal Labor Standards rovisionF tis. Department a ►+
and Urban Development 00 ON
it
Applicability
The Project or Program to which the construction work covered by this 1-JD or rs designee shall refer the questions,including tre views of all
contract perains is being assisted by the United States of America and the :-:erested parties and the recommendation of HUD ar its designee,to the
following Federal labor Standards Provisions are included in this Contract Administrator for determination.The Administrator.or an authonzed repre-
pursuant to the provisions applicable to such Federal assistance. sentative,will issue a determination within 30 days of receipt and so advise
A.1.m Minimum Wages.All laborers and mechanics employed or work- 1-UD or its designee or will notify HUD or its designee w^fin the 30-day
ing upon the site of the work(or under the United States Housing Act of Period Mat additional time is necessary.(Approved by the Office of Man-
1937 or under the Housing Act of 1949 in the construction or development a3emer.,and Budget under OMB Control Number 1215-0140.)
of the project),will be paid unconditionally and•not less often than once a (d)The wage rate(including fringe benefits where appropriate)
week.and without subsequent deduction or rebate on any account(except cetermired pursuant to subparagraphs(1xb)or(c)of this paragraph,shall
such payroll deductions as are permitted by regulations issued by the cr_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 thereofi due at (Lid Whenever the minimum wage rate prescroeo in the contract for a
time of payment computed at rates not less than those contained in the sass of laborers or mechanics includes a fringe benefit which is not
wage determination of the Secretary of Labor which is attached hereto and expressed as an hourly rate,the contractor shall 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 cenefit or an hourlycash
mechanics.Contributions made or costs reasonablyanticipated for bona equivalent thereof.
� (rv)K the contractor does not make payments to a trustee or other third
fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf Person.Tie contractor may consider as part of the wages of any laborer cr
of laborers or mechanics are considered wages paid to such laborers or r+echan.c the amount of any costs reasonably anticipated in providing
mechanics,subject to the provisions of 29 CFR-5.5(aX1)(iv);also,regular bona fide fringe benefits under a plan or program%Provided.That the
contributions made or costs incurred for more than a weekly period(but Secretary,of Labor has found,upon the written request of the contractor,
not less often than quarterly)under plans,funds,or programs,which cover :-.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
incurred during such weekly period, y require the contractor to set aside in a separate
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 determination for the classification of work Number 1215-0140.)
actuary Performed•without regard to skill,except as provided in 29 CFR 2.Withholding.HUD or its designee shall u
Part 5.5(ax4J Laborers or mechanics g o9 lion its our action or upon
performing work in more than one written request of an authorized representative of lie De.:artrnertt of Labor
classification may be compensated at the rate specified for each classifica- withhole or cause to be withheld from the contracar uncer mis contract or
tion for the time actually worked therein:Provided,That the employer's pay- any other Federal contractwith the same prime contractor,or any other
roll records accurately set forth the time spent in each classification in Federaiii-assisted contract subject to Davis-Bacor,prevailing wage
which work is performed.The wage determination(including any additional requirements,which is held by the same prime contractor so much of the
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)and 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 a np:oyed by the contractor or any subcontractor Me full amount of wages
accessiblQ place where it can be easily seen by the workers, requireC by the contract In the event of failure to
(9)(a)Any class of laborers or mechanics which is not listed in the pay any laborer r
wage determination and which is to be employed under the contract shall ether a including any apprentice,trainee t hepar.sirg Act or working
cn the s-e of the work(or under the United States Housirg Act of 1937 or
be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the
approve an additional classification and wage rate and fringe benefits Project).all or part of the wages required by the contract HUD or its desig-
therefore only when the following criteria have been met ree may,after written notice to the contractor,sponsor,applicant 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 vrolabons 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 me contractor or sub-
(3)The proposed wage rate,including any bona fide fringe bene- contractor to the respective employees to whom they are due.The Comp-
fits,bears a reasonable relationship to the wage rates contained in the roller General shall make such disbursements in me case of direct
wage determination. Davis-Bacon Act contracts.
(b)If the Contractor and the laborers and mechanics to be employed 3,m 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,it the construction
and Hour Division,Employment Standards Administration,U.S.Department or deve+opment of the project).Such records shall contain the name,
of Labor,Washingion,D.C.20210.The Administrator,or an authorized address.and social security number of each such worker.his or her cor-
representative,will approve,modify,or disapprove every additional classifi- rest classification,hourly rates of wages paid(including rates of contribu-
cation action within 30 days Of receipt and so advise HUD or its designee :oris or costs anticipated for bona fide fringe benefits or cash equivalents
or will notify HUD or its designee within the 30-day period that additional :-ere-of of the types described in Section 1(b)(2)(B)of the Davis-b;Con Act),
time is necessary.(Approved by the Office of Management and Budget _airy ani weekly number of hours worked,deducbors Trade and actual
under OMB control number 1215-0140.) .rages paid.Whenever the Secretary of tabor has found under 29 CFR 5.5
(c)In the event the contractor,the laborers or mechanics to be a,41 slivr 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 Coss reasonably anticipated in providing benefis uncer a plan or pro-
designee do not agree on the proposed classification and wage rate ,ram aescrtbed in Section 1(b)(2)(8)of the Davis-Bator Act me contractor
(including the amount designated for fringe benefits,where appropriate), s,-ta;;maintain records which show that the commrttment to provide such
Previous Edition is Obsolete HUD-4010(2.84)
(HB 1344,1)
benefits is enforceable,that the plan or progspis financially responsible, apprentice.The allowable ratio of apprentices to journeymen on the job site
and that the plan or program has been communicated in writing to the in any craft classification shall not be greater than the ratio permitted to the
laborers or mechanics affected,and records which show the costs antici- contractor as to the entire worK force under the registered program.Any
pated or the actual cost incurred in providing such benefits.Contractors worker listed on a payroll at 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- arplicable 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 perm;tted under the registered program
(Approved by the Office of Management and Budget under OMB Control shall be paid not less tran the applicable wage rate on the wage determi-
Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing
(ii)(a)The contractor shall submit weekly for each week in which any txnstruction 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 contractor's or subcontractor's regis-
the contractor will submit the payrolls to the applicant sponsor,or owner, tared program shall be observed.Every apprenctice must be paid at not
as the case may be,for transmission to HUD or its designee.The payrolls less than the rate specified in the registered program for the apprentice's
submitted shall set out accurately and completely all of the information le+el 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- prograrrL If the apprenticeship program does not specify fringe benefits.
ments(Federal Stock Number 029-005-(0014-1),U.S.Government Printing apprentices must be paid the till amount of fringe benefits listed on the
Office,Washington,DC.20402 The prime contractor is responsible for the wage determinanon for the applicable classification.If the Administrator
submission of copies of payrolls by all subcontractors.(Approved by the de'.ermines that a different practice prevails for the applicable apprentice
Office of Management and Budget under OMB Control Number classification,fringes shall be paid in accordance with that determination.In
1215-0149.) the event the Bureau of Apprenticeship and Training,or a State Appren-
(b)Each payroll submitted shall be accompanied by a'Statement of ticeship Agency recognized by the Bureau,withdraws approval of an
Compliance,"signed by the contractor or subcontractor or his or her agent apprenticeship program,the contractor will no longer be permitted to utilize
who pays or supervises the payment of the persons employed under the apprentices at less than the applicable predetermined rate for the work
contract and shall certify the following performed until an acceptable program is approved.
(1)That the payroll for the payroll period contains the information nu Trainees.Except as provided in 29 CFR 5.16,trainees will not be
required to be maintained under 29 CFR Part 5.5(aX3)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 calon by the U.S.Department of Labor,Employment and Training Admini-
has been paid the full weekly wages earned,without rebate,either directly stration.The ratio of trainees to journeymen on the job site shall not be
or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by the Employment and
rectly from the full wages earned,other Iran Permissable deductions as set Training Administration.Every trainee must be paid at not less than the rate
forth in 29 CFR Part 3; specified in the approved program for the trainee's level of progress,
(3)That each laborer or mechanic has been paid not less than the expressed as a percentage of Me journeyman hourly rate specified in the
applicable wage rates and fringe benefits or cash equivalents for the clan- applicable wage determination.Trainees shall be paid fringe benefits in
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 arrhount of fringe benefits listed on the wage determination unless the
forth on the reverse side of Optional Forth 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 determ.nation which provides for less than full
(d)The falsification of any of the above certifications may subject the frirge benefits for apprentices.Any employee listed on the payroll at a
contractor or subcontractor to civil or criminal prosecution under Section tra nee rate who is not registered and participating in a training plan
1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved by the Employment and Training Administration shall be paid not
Oil)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work
under paragraph A.3.(i)of this section available for inspection.copying,or actralty performed.In addition.any trainee performing work on the job site
transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted under the registered program shall be paid
Department of Labor,and shall permit such representatives.to interview no:less than the applicable wage rate on the wage determination for the
employees during working hours on the job.If the contractor or subcon. 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 iff)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 CFR Part 3 which are incorporated by
bona fide apprenticeship program registered with the U.S.Department of reference in this contract.
Labor.Employment and Training Administration,Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub-
and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses 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 reQuire.and also a clause requinng the subcontractors to include these
not individually registered in the program,but who has been certified by the causes in any lower tier subcontracts.The prime contractor shall be
Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the compliance by any subcontractor or lower tier subcon-
(where appropriate)to be eligible for probationary employment as an tractor with all the contract clauses in 29 CFR Part 5.5.
HUD-4010(2-84)
'f n bon at a ate not less one and one-half times he basic ate of
7 Contracye termination;debarment.A breach of the contract Causes in ay or ail hours worked in excess of eight hours in any calendar day or in
29 CFR 5.5 may be grounds for termination of the contract and fo :2. excess of forty hours in such workweek.whichever is greater.
ment as a contactor and a subcontractor as provided in 29 CFR 2. ( id wages;liquidated damages.in the
&Compliance with Davis-Bacon and Related Act Requirements All rul- 2)Violation;liability for unpaidin
ings and interpretations of the ein i Davis-Bacon rpo ated by reference eActs rn this ed in event paragrapany violation of h,the contractor the
andaany set
ubcont subcontractor (thereforsshall
29 CFR Parts 1,3,and 5 are he be liable for the unpaid wages.In addition,such contractor and subcon-
contract of the
work done under
8.Disputes visions of
scontract
ortr ct shall Disputes
subject o therising tgeneral labor contract for thelDistrict of Columba orStathe Unitedta tes em oryon the ssucf h District or to such
standards provisions of his co
be
disputes clause of this contract.Such a'rtrpnen of Lall be bor set olved in accor-rth in 29 CFR puled with respectto each idiivvid alc alborer or echaniciquidated s including
shall om-
dance with the procedures oin violation of the
ause set fo
Parts 5.8.and 7.Disputes within the of afroits subcrth in sub-
ontractors)ands clause IHUD or its pa aph(1)of ude dis- watchmen and thisdpar 9ap employed -.is sum of$10 for leach calendar day on
pular between he contactor(ora y
design".he U.S.Department of Labor,or the employees or their which such individual was require.'or permitted to work in excess of eight
hours or in excess of the standard workweek of forty hours without pay-
representatives
10.m Certification of Eligibility.By entering into this contr
naor firma who g aph(1)of this paragraph. required by the clause set forth in su para-
tracor certifies that neither it(nor he or she)nor any pe
rsohas an interest in he cormacoes firm s 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.ant of upon written request of an to be
Bacon Act or 29 CFR 5.12(ax1)or to be awarded HUD contacts or partici- rN?� drese any moneysis of the p santativ ble on account of woork performed fbybthe
pate in HUD programs pursuant o 24 CFR Part 24.
(0)No part of this contact shall be subCOnti�etofaSecn person(a)of contractowith the r or subcontractor
prime contract or any other Federally-assisteher d coin-
ineligible for award of a Government co Y
ety
the Davis-Bacon Act or 29 CFR 5. dards Act which
12(ap1)or o be awarded HUD convects held ti
is the same prime contractors such sume Contract Work Hours and s as may nbe determined to
or participate in HUD programs pursuant o 24 CFR Part 24. y such or
(ii)The penalty for making false
gI tiofeaeTU.S is Codeibed ,Section for paid wages and liquidatedry to satisfy any 'd mages s providedrin the clause sets
Criminal Code,18 U.S.C.1001.Additionally this
1010,Title 18,U.S.C.."Federal Housing Administration transactions"•pro- forth 4 Subcontracts.Thecontracttor or subcoh. ntractor shall insert in any
vides in part"Whoever,or the purpose Of. . .influencing in any way he ( ) forth in h 4 of this
action of such Administration. • �llbbe fined not more than S5,000 any
Or subcontracts hnd also a cause requ ng the subcontractors to include these
knowing the same o be false s clauses in any lower tier subcontracts.The prime contactor shall be
imprisoned not more than two years,or both."
11.Complaints.Proceedings,or Testimony by Employees.No laborer or responsible for compliance by any subcgontactor or lower rosf ibcon sac
mechanic to whom the wage,salary,or other labor standards provisions of for with the clauses set forth in subpar. raphs(1)through( )
his
this Contract are applicable shall be discharged or in any other manner paragraph.
discriminated against by the Contactor or any subcontractor because such C.Health) oaborSafetyor mechanic shall be required to work in surroundings
employee has filed any complaint or instituted or caused o be instituted ( )
any proceeding Or has testified or is about to testify in any proceeding or under working conditions whirr are unsanitary.hazardous,or danger-
under or elating o the labor standards applicable under this Contract to health h standards promulgated by the ealth and safety as ISecretaryned eoconstruction
Labor by oregulat on.nd
his employer• with all reg
ulations issued by the
B Contrad Work Hours and Safety Standards Act.As used in this para- (2)The Contactor shall comp:y
graph,the terms"laborers"and"mechanics"include watchmen and fat
failure to Complyry of o�pursuant to may result in m'positiontle 29 aof sanctions pursuant tolthe Con-
guards
(1)Overtime requirements.No contactor or subcontractor contacting tact Work Hours and Safety Standards Act(Public Law 91-54.83 Stat 9 ).
for any part of the contact work which may require
or involve
any such the
employ-
or subcontract so that such shall
inc
ors willbebe binding on each provisions of this subconttrac or.
ment of laborers or mechanics shall eq Per shall take such acton with
to any subcontract as
mechanic in any workweek in which calendar she i day employed
excess of forty on such work Thethe Sec clary of Housing and Urban DevelopmContracto ant or the Secretary of Labor
to work in excess of eight hours any
hours in such workweek unless such laborer or mechanic receives corn- shall direct as a means of enforcing such provisions.
HUD-4010(2.84)
Pub. Law 93-383 - 16L - .August 22. 1974
eta SIT AIT.
j.'�•etion 34.69 of the Itcv'sed Statutes, as anwnded (31 IIS.C.
• 711), is amended by adding at the e
follows; at thereof a new paragraph as
"(22) For payments required from time to time under contracts
entered. into pursuant to section 103 of Lte housing and Community
Into, P. 6470 Development Act of 1974 for payment of interest casts na obligations
guaranteed by the Secretary of IIousing and Urban Development
under that section."
42 use Sloe. (g) With respect to any obligation issued by a unit of geneml•local
• government or designated agency which such unit or agency has
eilocte:d to issue as a taxable ob:j;,,Brion pursuant to subsection (e) of
this sectio",the interest paid on such obligation shall be included in
gross income for the purpose of chapter 2 of the Internal Revenue
68A Stat. I. Code of 1b3•L.
26 use 1 NO.."U1C 13=ATtOX
,t d3.
42 tui SM, Sra. 109. (a) No person in the United States shall an the ground
of race,color,national origin.arse=be excluded from participation in,
be denied the benefits of.or be sub'ecttd to discrimination under any
program or activity funded in wiole or in part with funds mads
available under this title.
(b) Whenever the Secretarr determines that a State or unit of
general load government which is a recipient of as66tance under this
title has failed to compiv with subsection (a) or an applicable regula-
tion,he shall notify the Governor of such State or edge chief executive
officer of such unit of local government of the noncompliance and shall
request the Governor or die c:hief.execciire officer to secarer contplianee.
If within a reasonable period;'at line, not to exceed si=te.days, the.
Governor or the chief-executive;officer fails or ref't wei-to secure. ,.
compliance,the'Secretary;is Authorized ter(1) refer the inatter to the j r
Attorney General.with a recommendation that an appropriate-civil. •�:,
action be instituted; (2).exereiv. tilt:poweei and fanetlotts provided,:
by title VI of the Civil Rights:1ct'of 1904 (41 L:S.0.' jud); (3)
exercise tlee posers and functions provided for in section 11ga)-of ..
this Act; or (4) take such other action-as may be provided by law.
(c) When a matter is referred to tit Attorney Genend pursuant to
subsection (b), or whenever he has reason to believe that a.State
government or unit of general local;overnment is eat-ei in a panes
or practice in violation of the provisions of this section.the'utorney
General may bring a civil action in any appropriate United States
district court for such relief as nuy be appropriate, including
injunctive relief.
i.Asoe srAMMXDa
42 Use 521c. Set. 110. All laborers and mechanics employed by asntraetors or
• subcontractors in the performance of construction wort financed in
whole or in part with grants received 'Ander this titleshall be paid
wages at talcs not less than thou prevailing on similareanstruction to
the locality as determines{ by the Secretary of .Lor is accordance
with the havis.liaeon.:pct. as aneended (4'0 L.S.C. 3:Sa-2:6a-S):
ProrQed, That this section•shall apply to the reltsbilitation of
residential prnp.rty only if stwh prnnerty is desi--ned for residential
use for eight or more families The Sc;retary of I:Kborsltall have,with - ' -
respect to such labor standards.the autltnrety anti functions set :orth
in 1{corms-artizztinn flan Numbered 14 of IP50 (13 F.JL S1iG;64 Stat 1
S Use app. 1=G7)-and section 2 of the Act of June 13,1034,as aaaended (48•StaL
40 use 276.. Nil;40 U.S.C.276(c)j.
d
*Requirements for Contractors
(See Rules and Regulations, Title 24, Part 135, r-ederal Reqister, October 23, 1973)
PURPOSE
In the administration of any HUD funded program, to the greatest extent feasible:
(i) opportunities for training and employment arising in connection with
the planning and carrying out of any pro ect assisted under any such
program be given to lower income persons residing in the area of such
roect, and
(ii) contracts forwork to be performed in connection with an such ro 'ect
be awarded to business concerns which are located in or owned in
substantial oart by persons residing in the area or such oroiect.
REQUIREMENTS
I. Section 3 Affirmative Action Plan
A. Identification of Affirmative Action Officer, by name.
S. Identification of firm or contractor, contracting agency and
contract total doTlar amount, scope of work, contract number,
project number, description of project area, etc. )
C. Employment
1 . Trainees
a. A listing by work categories of (i) total number of
trainees to be utiliied; (ii ) number of those already
on permanent work force; and (iii number of those
to be recruited and employed from project area;
b. A detailed descri tion of specific means to be utilized
to recruit project area residents , including specific
de
intification of area organizations, advertising media,
sign placement, etc. ;
c. Statement explain that contractor will maintain a list
57-all57-all project residents applying and records indicating
status of action taken with reasons for such.
2. Skilled Employees
Same as a. ,b. and c. above.
-1-
0. Businesses , Subcontractors, Vendors , etc.
1. Listinc- of each category of goods and services to be utilized
on subject contract, along with estimated dollar amount value
of each;
2. Listing of dollar value planned to be awarded to project area
businesses , subcontractors , vendors , etc. ;
3. Detailed description of specific means to be taken to publicize,
advertise, notify, etc. . area businesses , etc. , of opoortunity
to become subcontractors , etc. ; indicate specific eranizations
contacted, advertisements DT-aced, etc. ;
4. Records of actions taken to implement above-described plan , and
reasons for such;
5. Insertion in bid documents/negotiation documents of contractors
affirmative action plan, project area descriotion, 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 Department of Housinq
and Urban Oevelooment, the contracting agency.
F. Statement that the Rules and Regulations, Title 24, Part 135, will be
Posted conspicuously in offices and places frequented by employees ,
applicants, 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 `TOTE
The Assistant Secretary for Equal Opportunity has been delegated the
functions of the Secretary of Housing and Urban Development in administering
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, 1701u. , as he/she finds appropriate and may, as needed, amolifv any
reaulations issued pursuant to Section 3, through ouide ines , handbooks ,
circulars or other means.
(ii) Require, in consultation with the Administrator of the Small
Business Administration, that to t e greatest extent easi e
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,
consultina, design, architecture, building construction, rehabili-
tation, maintenance. or repair, which are located in or owned in
substantial part by persons r�siaing in the area of such oro'ect.
-2-
(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 employ+nent and trainino
efforts and contracts awards under these re ulations o the Department
of Housing and Urban Ceve opmEnt, the Department of Lao or, 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 reatest extent
feasible" as that term is applied in section o the Housinq an
Urban Development Act of 1968.
(d) The Secretary will issue such further regulations in connection
with his responsibilities under section 3 of the Housing and Urban
Development Act of 1968, as he finds .appropriate and may, as needed,
amplify any regulations issued pursuant to section 3, through guide-
lines , handbooks , circulars or other means.
s 135. 5 Definitions.
As used in this part --
(a) "Anpl_t" means any entity seeking assistance for a project
including—, but not limited to mortgagors developers , leqal public
bodies, nonorofit or limited dividend soonsors , builders, or
prooerty managers
(b) "Business" concerns located within the section 3 covered project
area" means those individuals or firms located within the relevant
section 3 covered proiect area as determined oursuantto = 13_,
ifsted on the Oepartment' s recistry of elicible business concerns ,
and which aualify as small under the small business size standards
or the Small Business Administration.
(c) "Business concerns owned in substantial part by persons residing in
the section 3 covered project area" means those business concerns
which are 51 percent or more owned by-persons residinq within the
relevant section 3 covered project as determined pursuant to ?—T35. 15,
owned by Persons considered by the Small Business Administration to be
socially or economically disadvantaged listed on the Department's
registry of eligible business concerns , and which qualify as small
under the small business size standards of the Small Business
Administration.
(d) "Contracting party" means any entity which contracts with a contractor
for the performance of work in connection with a section 3 covered
project.
(e) "Contractor" means any entity which performs work in connection with
a section 3 covered project.
-3-
(f) "Department" means the Department of Housing and Urban Development.
(g) "Lower income resident of the area" means any individual who resides
within the area of a section 3 covered project and venose family ':,come
does not exceed 90 percent of the median income in the Standard
Metr000litan Statistical Area or the county if not within a SIMSA) in
which the section 3 covered project is located.
(h) "Political jurisdiction" means a politically organized community
with a governing body having general government powers .
(i ) "Recipient" means any entity who received assistance for a project
including, but not limited to, mortgagors, developers , local public
bodies, nonprofit or limited.
(j) "Secretary" means the Secretary of Housing and Urban Development.
(k) "Section 3" means section 3 of the Housing and Urban Development
Act of 1968, 12 U.S.C. 1701u.
(1 ) "Section 3 clause" means the contract provisions set forth in
s 135.20(b).
(m) "Section 3 covered project" means any nonexempt project assisted
by any program administered by the Secretary in which loans, grants ,
subsidies, or other financial assistance are provided in aid of
housing, urban planning, development, redevelopment, or renewal , public
or community facilities , and new community development except where
the financial assistance available under such program 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 Housing Act, as well as any Public Housing
Proqram and which do not exceed $500,000 in estimated cost are
exempted from the reg uirements of this part, as is any subcontract
of 3M000 or under on such projects or contracts in excess o 0,000 .
(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
redeleaate functions and responsibilities delegated in this section to
employees of the Department, provided, however, that the authority to issue
rules and regulations under S-135. 1 (d) may not be redelegated.
-4-
r ,~
s 135. 15 Determination of the area of a section 3 covered project.
(a) The area of a section 3 covered project shall be determined as
follows:
(1 ) The boundaries of a section 3 covered project located:
(i) Within a geographic area designated as an urban renewal
area pursuant to the provisions of title I of the Housing Act
of 1949, 42 U.S. C. 1450; or
(ii ) Within a aeoaraohic area desianated as Model Cities areas
or Metr000litan Development Plan areas pursuant to the
rovisions of title I of the Demonstration Cities and Metropolitan
Deve ooment Act of 1966, 42 U.S .C. 3301 ; or
(iii ) Within a geograohic area desianated as an Indian reservation_
(to include all territory within reservation boundaries , including
fee patented roads, waters , bridges and lands used for agency
purposes) , shall be coextensive with the boundaries of that
geographic area.
(2) The boundaries of a section 3 covered project not located within
a geographic area designated pursuant to Title I of the Housing
Act of 1949, or Title I of the Demonstration Cities and Metronolitan
Development Act of 1966 shall be coextensive with the boundaries of
the smallest oo itica jurisdiction in which t e Project is located.
(3) To the extent that goals (established pursuant to Subparts B , C,
and D of this part) cannot be met within a section 3 covered project
area as determined pursuant to paragraph (a) (1 ) of this section,
the boundaries of the smallest political jurisdiction in which the
section 3 covered project is located shall be desianated as the
relevant section 3 project area. The determination to apply this
subparagraph shall be made by the Assistant Secretary for Equal
Opportunity or by the same official designated by the Assistant
Secretary for Equal Opportunity to determine the section 3
covered project area pursuant to paragraph (a) (1 ) of this section.
(b) The Department' s Regional Administrator, Area Office Director, or FHA
Insuring Office Director, as appropriate, shall determine the boundaries
of each section 3 covered project.
S 135.20 Assurance of compliance with regulations.
(a) Every contract or agreement for a grant, loan , subsidy, or other direct
financial assistance in aid of housing, urban planning, development,
redevelopment, or renewal , public or ccmmunity 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 orovisions requiring the applicant or recipient to carry out the
provisions or section 3, the regulations set rortn to tnis part, and
any app icao a rules and orders of the Department issued thereunder
prior to approval of its application for assistance for a section 3
covered project.
-5-
(b) Every applicant, recipient, contracting oarty, contractor, and
subcontractor shall 1ncoroorate, or cause to be lncoroorated, in all
contracts for work to 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. 1701u. Section 3 requires that to
the greatest extent feasible opportunities for training and employ-
ment be given lower income residents of the project area and contracts
for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial part by persons residing
in, the area of the project.
B. The parties to this contract will comply with the provisions of said
section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and Urban 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.
Date: '
Project No:
Location:
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 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 CPR Part 135 (published in 38 Federal
Register 29220, October 23, 1973) , and all applicable rules and
order of the Secretary issued thereunder prior to the execution
of this (contract)(agreement) . The requirements of said regulations
include but are not limited to development and implementation of an
affirmative action plan for utilizing business concerns located
within or owned in substantial part by persons residing in the area
of the project: the making of a good faith effort, as defined by the
regulations, to provide training, employment, and business oppor-
tunities required by section 3; and incorporation of the "section
3 clause" specified by Section 135.20(b) of the regulations in all
contracts for work in connection with the project. The (applicant)
(recipient) certifies and agrees that it is under no contractual
or other disability which would prevent it from complying with
these requirements.
C. Compliance with the provisions of section 3, the regualtions set
forth in 24 CFR Part 135, and all applicable rules and orders of
the Secretary issued thereunder prior to approval by the Government
of the application for this (agreement)(contract) , shall be a
condition of the Federal 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 .he project area will you
request bids from?
Plan prepared by
Name Position
Date
ti
SKILLED EMPLOYEE UTILIZATION PLAN
If more space is needed please continue on other side of page.
CONTRACTOR'S NAME:
ADDRESS:
TELEPHONE:
PROJECT NAME:
ADDRESS:
1 - Total number of skilled employees to be utilized on this project?
Please list by work category.
# OF SKILLED EMPLOYEES- WORK CATEGORY
2 - Total number of skilled employees currently on your permanent work
force? Please list by work category.
# OF SKILLED EMPLOYEES WORK CATEGORY
3 - Total number of skilled employees currently to be recruited and
hired from the project area?
# OF SKILLED EMPLOYEES WORK CATEGORY
DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE
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?
1F OF TRAINEES WORK CATEGORY
DATE COMPANY OF'FICIAL'S SIGNATURE AND TITLE
0 •
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
244E. Main Street
Patchogue, N.Y. 11772 ,
Economic Opportunity Council of Suffolk, Inc.
98 Austin Street
Patchogue, N.Y. 11772
CHAPTER IV
CONTRACTORS RESPONSIBILITIES
I. General 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) .
-2-
C. Notification of Subcontractor
Each prime contractor and subcontractor shall include
by reference the EEO Clause and applicable Bid Conditions in all
advertisements or other solicitations for bids, and shall include
the EEO Clause and applicable Bid Conditions in all contracts.
Each prime contractor and subcontractor must provide
written notice to each subcontractor of the specific reporting and
record keeping requirements under the EEO Clause and applicable Bid
Conditions. Upon award of a subcontract, each contractor shall
immediately notify► the Compliance Agency of the contract number,
the subcontractor' s name, dollar amount of contract, estimated start and
completion dates, and the crafts which will perform work under the sub-
contract.
II . Obligations Under Federal EEO Bid Conditions.
(See Attached Flow Chart on CONTRACTOR OVERVIEW)
A. Hometown Plans Part I (Voluntary)
Hometown Plans .are Office of Federal Contract Compliance
Programs (OFCCP) approved voluntary area-wide agreements
between the construction industry and representatives of
.the minority community establishing craft goals and time-
tables for minorities. The Plan and the signatory partici-
pating parties in the Plan are incorporated in Part I of
the Bid Conditions for the Plan area.
3 -
Contractors signatory to and participating in Depart-
ment of Labor approved Hometown Plans and utilizing a local craft
under Part I of the Bid Conditions are required to comply w' th the
of the Plan and the EEO Clause.
Removal of contractors to Part II of the Bid Conditions
and/or initiation of enforcement proceedings may be recommended to
the OFCCP Regional Office by the Administrative Committee for a
contractor's failure to meet Hometown Plan requirements. Such
action may also be initiated directly by the OFCCP Regional Office
for violation of the EEO Clause.
B. Hometown Plan Part II . Appendix A (Imposed Plan)
and Special Bid Conditions
Contrators subject to Part II of the Bid Conditions
(including contractors participating in the voluntary plan but
utilizing craft (s) subject to Part II requirements) and those
affected by Appendix A of an Imposed Plan, or Special Bid Condi-
tions are required to:
1• Comply with the EEO Clause;
2. Meet the minimum goals and timetables for
aggregate workforce utilization specified in
the Bid Conditions and/or Appendix A in each
covered craft on all, covered work in the area
under the Bid Conditions/Appendix A or provide
DOCUMENTARY EVIDENCE of good faith efforts to
implement the minimum acceptable affirmative
action program;
• API
- 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-
Parting requirements will be changed from a monthly to a quarterly
basis . However, if a contractor fails to meet the minimum
.. - 5 -
utilization goals during any quarter, monthly reporting requirements
will be reinstated.
III. (See Attached Flow Chart on CONT;tACTORS
Enforcement
OVERVIEW)
A. Compliance Review
Contractors failing to meet the minimum utilization
goals specified in the Bid Conditions , or subject to outstanding
allegations of discrimination in violation of the E.E.O. •Clause
will be subject to a thorough review of their implementation of
cified in the Bid Conditions
the affirmative action. program as spe
and, where required, a thorough review of their compliance with
the E.E.O. Clause.
ill be subject to general enforcement,
Contractors w
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 fails to make, or having made, fails
to implement adequate remedial commitments, and/or has been found
7
to have otherwise violated the E.E.O. Clause , the Compliance
Agency will issue a show cause notice to the contractor pro-
viding 30 days for the contractor to come forward with addi-
tional evidence of its efforts to comply or to make adequate
remedial commitments, and, where required, to demonstrate that
it has not violated the E.E.O. Clause.
If the contractor makes such demonstration (s) and/or
commitments, the Compliance agency will withdraw the show cause
notice and place the contractor in compliance, provided that
any violation of the commitments will cause the 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 OFCC?, the contractor will be notified that actions leading
to sanctions have been initiated. The notice will state the rea-
sons for the action and provide 14 calendar days for the contractor
to request a hearing regarding the imposition of sanctions.
8 -
If no request for hearing •is received within the
14 day period, the Compliance Agency and/or OFCCP will impose
such sanctions as are deemed appropriate provisions of 41 CFR
60-1 , including cancellation, termination, debarment or
ineligibility for further federally funded or federally assisted
contracts.
Upon receipt of a request for hearing, the Compliance
Agency and/or OFCCP will arrange for and conduct a hearing on the
issues outlined in 41 DFR 60-1 and 41 CRF 60-30 .
During the pendency of any such request for hearing,
a contractor's other federally involved contracts may be suspended
in whole or in part, pursuant to the provisions of 41 CFR 60-1.
However, no sanctions or penalties specified in 41 CFR 60-1 or
Executive Order 11246, as amended, may be imposed without the
approval of the Director, OFCCP.
The hearing procedures (41 CFR 60-30) provide that
any conciliation agreement or consent decree proposed as a
settlement of the issued and the final decision on the imposition
of sanctions must be approved by the Secretary of Labor or the
Director, OFCCP.
IV. Technical Assistance
The Compliance Agency and OFCCP Regional Office staff
will provide technical assistance regarding the implementation of
.the requirements of the E.E.O. Clause, Federal Bid Conditions
and/or Appendix A upon receipt of a request for assistance from
a contractor.
NOTICE TO BIDDERS
FAIR TRADE PRACTICE
Please be advised that Section 1.09 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
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 .
The USTR published an initial list in the Federal Register
on December 30 , 1987 (53 FR 49244) which identified one country -
Japan. The USTR can add countries to the list , and remove
countries from it , in accordance with section 109( c) of Pub. L.
100-202 .
FAIR TRADE CERTIFICATION
I , being a principal
Name of Contractor
of herein after known
Name of Company or Corporation
as the "Offeror" certify by signature below that :
1) The offeror has read and understands the Notice to
Bidders entitled "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��FFOIK��Gy
o �►
JUDITH T. TERRY Town Hall, 53095 Main Road
TOWN CLERK v T P.O. Box 1179
REGISTRAR OF VITAL STATISTICS V� � Southold, New York 11971
�..
MARRIAGE OFFICER Fax (516) 765-1823
RECORDS MANAGEMENT OFFICER '/O� �.aO Telephone (516) 765-1801
''77
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUT'HOLD
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 the installation of a
well and submersible water pump at the Robert W. Tasker Memorial Park,
Peconic Lane, Peconic, New York, all in accordance with the bid specifications.
Judith T. Terry
Southold Town Clerk
August 25, 1993